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Home My WebLink About2016-06-21 ResolutionPrepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-192 RESOLUTION EXPRESSING SYMPATHY TO ALL VICTIMS OF THE ORLANDO SHOOTING AND SOLIDARITY WITH LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUEER / QUESTIONING COMMUNITY WHEREAS, in the early morning hours of Sunday, June 12th, a gunman took the lives of 49 individuals and injured dozens more at Pulse, an Orlando nightclub that was known as a safe place for lesbian, gay, bisexual, transgender and queer / questioning individuals as well as a community hub for HIV prevention, breast -cancer awareness and immigrant rights; and WHEREAS, we are angered, saddened and shocked by this senseless attack on individuals who are already too often the targets of hate, intolerance and bullying; and WHEREAS, lives were cut short, dreams not fulfilled, and loved ones left to mourn; and WHEREAS, we stand with our Muslim neighbors and allies in denouncing these senseless acts of violence and oppose any efforts to attach blame to a particular faith or people. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council of Iowa City conveys our deepest sympathy to the families and loved ones of the injured and deceased, that we further stand in solidarity with the lesbian, gay, bisexual, transgender and queer / questioning community, and we urge all to reject discrimination, hatred, and violence toward anyone on the basis of race, color, religion, national origin, sex, gender identity and expression, age, marital status, sexual orientation, familial status, veteran's status, disability, or source of income. Passed and approved this 21st day of June, 2016 ATTEST: i CIT CLERK AYOR d V Appro By: City Attorney's Office Resolution No. 16-192 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Thomas the AYES: NAYS: ABSENT: ABSTAIN: % Botchway x Cole % Dickens % Mims % Taylor x Thomas % Throgmorton Prepared by: Manan K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-193 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: see attached Passed and approved this 21st day of ,Tune 20 16 OR ATTEST: CITY CLERK Approved by 7� City Attorney's Office It was moved by sotchway and seconded by Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: Thomas the ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 06-21 3c(14) DOING BUSINESS AS APPLICANTS NAME PURPOSE ALMOST PARADISE DANA'S INVESTMENTS, LLC. BLACK AND GOLD VAPORS, LLC. BLACK AND GOLD VAPORS LLC. CASEY'S GENERAL STORE #2761 CASEY'S MARKETING COMPANY CASEY'S GENERAL STORE #2781 CASEY'S MARKETING COMPANY CASEY'S GENERAL STORE #3322 CASEY'S MARKETING COMPANY CONVENIENCE STORE THE THE CONVENIENCE STORE LLC CREEKSIDE MARKET RYAN FULLER FORMERLY: T & M MINI MART DAN'S SHORT STOP DAN'S SHORT STOP CORP. DEADWOOD RANGER ENTERPRISES INC DELI MART #1 DELIMART PROPERTIES INC DELI MART #2 DELIMART PROPERTIES INC DELI MART #3 DELIMART PROPERTIES INC DELI MART #5 DELIMART PROPERTIES INC DEN THE SOUTHERN DISCOUNT DEN INC DOLLAR GENERAL STORE #8137 DOLGENCORP LLC % � IN DIIBLIN UNDERGROUND INC CIGARETTE PERMITS PRINTED : 21 -JUN -16 PAGE: 1 LICENSE # STICKER # C17-441i:l5 00061 U- -ggl5 00061 C1-7,1407 00073 C_)-7-0107 00074 U -7_,-Z- 14 00065 Cl -1,W08 00068 CI -7-1103 00005 crw� 86 00022 Cn-t4s85 00092 u"7-61 87 00013 cp-66087 00018 C1"7-Sa8 00014 C) -7-_c3 99 00006 Cj-"b 00 00017 C1-7-37-13 00065 16001 C 16053 C 16004 C 16003 C 16002 C 16005 C 16054 C 01606 C 16007 C 16049 C 16050 C 16051 C 16052 C 16008 C 16009 C CIGARETTE PERMITS PRINTED : 14 -JUN -16 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE EL PASO THE MEXICAN STORE Cf'7-IBOS 00001 16011 C EL PASO TIENDA Y TAQUERIA INC FAREWAY STORES #034 U-Z-lq 03 00007 16012 C FAREWAY STORES INC FAREWAY STORES #950 U 7-YC95 00006 16013 C FAREWAY STORES INC HARTIG DRUG #10 G 7-1 (Q 98 00001 16016 C HARTIG DRUG COMPANY CORP HY-VEE DRUGSTORE �17_Z�� 85 00013 16023 C HY-VEE INC HY-VEE FOOD STORE #1 G -Z-7 u85 00009 16018 C HY-VEE INC HY-VEE FOOD STORE #2 Cl`1=ZF)85 00010 16020 C HY-VEE INC HY-VEE FOOD STORE #3 �J--I- ZJ85 00011 16021 C HY-VEE INC HY-VEE GAS #1 Ck--j-Z77 03 00004 16019 C HY-VEE INC HY-VEE GAS #3 C17-3 0 15 00062 16022 C HY-VEE, INC. Hawkeye Convenience Store7 00 C-n-Ll3 00007 16017 C Petroleum Services Co., LLC IC UGLYS c n -f5 07 00070 16024 C PUB GAL INC IOWA CITY FAST BREAK C) �1tZ-11 00058 16025 C REIF OIL COMPANY JOE'S PLACE cn- Zj08 00072 16026 C SAMCO OF IOWA CITY INC JOHN'S GROCERY, INC. CI -)-t)2)85 00054 16027 C JOHN'S GROCERY INC KIRKWOOD LIQUOR & TOBACCO Zy 16 00059 16059 C HAWKEYE STAR,INC. CIGARETTE PERMITS PRINTED : 14 -JUN -16 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE KMART #4315 85 00140 16028 C K -MART CORPORATION KONNEXION THE Gl-1-19 08 00069 16029 C SMOKERS UNLIMITED LLC KUM & GO KUM & GO #422 (i -b385 00025 16033 C KUM & GO LC #52 Cll-C6 O1 01088 16032 C KUM KUM & GO #502 G1-7p'j 15 00058 16058 C KUM & GO LC & GO #53 KUM & GO #504 Lj-j-p Z 15 00057 16057 C KUM & GO LC KUM & GO #51 01 01087 16030 C KUM & GO LC KUM & GO #52 Cll-C6 O1 01088 16032 C KUM & GO LC KUM & GO #53 C�� y 01 01089 16031 C KUM & GO LC L & M MIGHTY SHOP, INC. L & M MIGHTY SHOP INC LIQUOR DOWNTOWN LIQUOR DOWNTOWN LLC i; 7q D /�X ES EA �i R S C. NORTH DODGE EXPRESS ND REAL ESTATE INC NORTH DODGE SINCLAIR NORTH DODGE REAL ESTATE INC ON THE GO CONVENIENCE STORES ON THE GO CONVENIENCE STORES RJ'Z EXPRESS HWZ LLC RUSS' NORTHSIDE SERVICE RUSS' NORTHSIDE SERVICE INC Cj,7_14i 85 00045 16034 C C1��Z VS 07 00072 16037 C 16060 C Cl �- 7J j 01 01090 16038 C C_t7-3(o 10 00056 16039 C C) -J -0e00 00002 16040 C Cl-} 7J 07 00075 16041 C C -ll -!5905 00005 16042 C CIGARETTE PERMITS PRINTED : 14 -JUN -16 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE SAUCE SMOKIN' JOE'S #18 THE OUTLET INC SOUTHSIDE LIQUOR & TOBACCO SOUTHSIDE SPIRITS LLC SUBURBAN BP AMOCO SUBURBAN INVESTORS LC SUBURBAN BP AMOCO KEOKUK STREET SUBURBAN INVESTORS LC H IQUO HOUS SE LL LO T C TOBACCO OUTLET PLUS #537 KWIK TRIP INC WALGREENS #5077 WALGREEN COMPANY WALMART #1721 WAL-MART STORES INC TOTAL CIGARETTE PERMITS: 57 LICENSE # STICKER # G1-4'713 00064 16036 C [f7- 4y05 00007 16043 C C,1-7-_33 12 00064 16044 C C�-- 1D 97 00007 16056 C C) -j_11 98 00012 16055 C Cj-j_ bj 97 00008 16045 C C_I-" 1 85 00029 16046 C C�1,_-ZV2 00012 16047 C DOING BUSINESS AS APPLICANTS NAME PURPOSE ALMOST PARADISE DANA'S INVESTME\COMANY . BLACK AND GOLD LC. BLACK AND GOLD C. CASEY'S GENERAL2761 CASEY'S MARKETIYCASEY'S GENERAL781CASEY'S MARKETINCASEY'S GENERAL332 CASEY'S MARKETING COMPANY CONVENIENCE STORE THE THE CONVENIENCE STORE LLC CREEKSIDE MARKET RYAN FULLER FORMERLY: T & M MINI MART S S ORT TOP / H S C RS. DEADWOOD RANGER ENTERPRISES I C DELI MART #1 DELIMART PROPERTIE INC DELI MART #2 DELIMART PROPERT ES INC DELI MART #3 DELIMART PROPE TIES INC DELI MART #5 DELIMART PRO ERTIES INC DEN THE SOUTHERN D SCOUNT DEN INC DOLLAR GE ERAL STORE #8137 DOLGENCO LLC THE CIGARETTE PERMITS PRINTED : 14 -JUN -16 PAGE: 1 ye (1,K) # STICKER # 5 00061 16001 C -4415 00061 16053 C 01%1407 00073 16004 C D-1-11 07 00074 16003 C C l-1 Z14 00065 16002 C C-7-Zo 08 00068 16005 C CJ -74403 00005 16054 C G1 -7-Y5785 00092 16007 C C_1-1- 51 87 00013 16049 C -7-SD87 00018 16050 C � 1'"5748 00014 16051 C e17-� 99 00006 16052 C 4e 0 00017 16008 C Cf -1 -g 713 00065 16009 C 3d(1) Prepared by: Dave Panes, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 16-194 RESOLUTION REJECTING BIDS RECEIVED ON JUNE 7, 2016 FOR THE SYCAMORE STREET AND LOWER MUSCATINE ROAD LANDSCAPE IMPROVEMENT PROJECT 2016, AND SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE REBIDDING OF SYCAMORE STREET AND LOWER MUSCATINE ROAD LANDSCAPE IMPROVEMENT PROJECT 2016, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, three bids were received on June 7, 2016, for the Sycamore Street and Lower Muscatine Road Landscape Improvement Project 2016; and WHEREAS, one bid was deemed non-responsive to the contract; and WHEREAS, the remaining two bids exceed the amount available in the project fund; and WHEREAS, the Department of Public Works recommends that the Council reject all bids and set a new date for receipt of bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: 1. That all bids received on June 7, 2016, for the Sycamore Street and Lower Muscatine Road Landscape Improvement Project 2016, are rejected. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the le day of July, 2016. 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 19 day of July, 2016, or at a special meeting called for that purpose. Passed and approved this 21st day of June ,2016. MOOR Approved by ATTEST: 2WL'' xJ W . (- CITY CLERK City Attorney's Office Resolution No. Page 2 16-194 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES x NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton NOTICE TO BIDDERS Sycamore Street and Lower Muscatine Road Landscaping Improvements Project 2016. Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 7th day of June 2016. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 21 st day of June 2016, or at special meeting called for that purpose. The Project will involve, but is not limited to the following: 164 shade trees, 118 ornamental trees, 645 shrubs, 7,279 perennials, 628 square feet of face segmental retaining wall, mulch, traffic control, other related work. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save AF -1 harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the improvements for a period of two (2) year(s) from and after its completion and formal accep- tance by the City Council. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Rapids ReproductionsfTechnographics of Iowa City located at 415 Highland Ave Suite 100, by bona fide bidders. A $25.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $10.00 shipping and handling fee will apply to plans that are sent through postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 16-195 RESOLUTION ACCEPTING THE WORK FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION (KIRKWOOD AVE. TO 1ST AVE.) ISTP-U-3715(654)--70- 521 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Lower Muscatine Road Reconstruction (Kirkwood Ave. to 1st Ave.) [STP -U-3715(654)--70-52] Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated November 13, 2012, be accepted; and WHEREAS, the Engineer's Report has been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Lower Muscatine - Kirkwood to First Avenue account #3803: and WHEREAS, the final contract price is $6,644,570.36. 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 21st day of ATTEST:gr CITY CLERK June 20 16 MOOR Approved by City Attorney's Office & �lS� rto It was moved by sotchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Pweng/masters/acptwork.doc 6/16 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 3d(2) ENGINEER'S REPORT June 15, 2016 City Clerk Iowa City, Iowa .3d (2) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Lower Muscatine Road Reconstruction (Kirkwood Ave. to 1st Ave.) Project Dear City Clerk: I hereby certify that the construction of the Lower Muscatine Road Reconstruction (Kirkwood Ave. to 1st Ave.) Project has been completed by Metro Pavers, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC of Cedar Rapids, Iowa. The project was bid as a unit price contract and the final contract price is $6,644,570.36. There were a total of 11 change or extra work orders for the project as described below: 1. Replacing a storm sewer manhole with a pipe bend and adding erosion control mobilizations $ 10,005.99 2. Relocation of existing sanitary sewer $ 10,973.05 3. Relocation of existing sanitary sewer $ 20,570.00 4. Subgrade stabilization $ 148,096.09 5. PCC stoop, river rock along retaining wall and additional fence posts $ 13,772.50 6. Remove retaining wall, additional storm sewer and pavement work $ 8,562.30 7. Subgrade stabilization and additional detour signs $ 5,790.30 8. Reconfigure temporary signals and storm sewer adjustments $ 9,020.80 9. Storm sewer connection $ 1,268.96 10. Additional traffic control, cold weather protection, temporary business signs, sawcutting pavement, additional survey and liquidated damages - $ 61,817.75 11. Change in erosion control type $ 0.00 TOTAL $ 166,242.24 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, G ason Havel, P.E. City Engineer Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5413 RESOLUTION NO. 16-196 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN BRAUN-INTERTEC OF CEDAR RAPIDS, IA AND THE CITY OF IOWA CITY FOR GEOTECHNICAL AND MATERIAL TESTING AND SPECIAL INSPECTION SERVICES DURING CONSTRUCTION OF THE IOWA CITY GATEWAY PROJECT [HDP -3715(652)-- 71-52]. WHEREAS, the Iowa Department of Transportation received bids and the City of Iowa City awarded a contract for construction of the Iowa City Gateway Project [HDP -3715(652)--71-52; and WHERAS, the City desires to retain the services of an experienced consultant to assist with construction phase geotechnical and materials testing, and inspection services during the construction of said Project; and WHEREAS, the City solicited bids from qualified consultant firms, analyzed those received based upon the scope of work proposed, experience, fee structure; and WHEREAS, based upon this analysis, Staff recommends that the City enter into a consultant agreement with Braun Intertec Corporation to provide said services; and WHEREAS, the City Council deems it in the public interest to enter into the negotiated agreement with Braun Intertec for Construction Phase Geotechnical and Materials Testing and Inspection Services during construction of the project; and WHEREAS, funds for this project are available in the Iowa City Gateway account # 53809. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement with Braun Intertec Corporation attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 21st day of June 20 16 ATTEST:)7ZU cst„i y`Crs ✓ CITY -CLERK pwengbnssterslConsuliggGtloc MOOR AIDDroved by Eta „ 2L , nT z7 { � 'City Attorney's Office fill (3 ) Resolution No. 16-1 Page 2 It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ = day of 2016, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Braun Intertec Corporation, of Cedar Rapids, IA, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City hired HNTB Consultants to design the Iowa City Gateway Project (Account #S3809) to elevate Dubuque Street from Brown Street to Foster Road along the east side of the Iowa River, to reconstruct a new 450'x 80' Park Road Bridge and to improve Park Road to a three -lane roadway from the Iowa River to Riverside Drive; and WHEREAS, the Iowa Department of Transportation received bids and the City of Iowa City awarded a construction contract for the Iowa City Gateway Project; and WHEREAS, the City requires the services of a consultant to provide construction phase Geotechnical and Materials Inspection Services for soils, concrete and structural elements during construction of the Iowa City Gateway Project; and WHEREAS, although the City intends to perform certain limited construction phase inspection services and has also retained HNTB to perform certain construction phase inspection services, the City issued a public Request for Proposals from firms that are qualified to perform the required services; and WHEREAS, Staff chose Braun Intertec for contract negotiations based on their experience in the area, availability and estimate of cost; and WHEREAS, Braun Intertec has received a copy of the City's plans and specifications for the Iowa City Gateway Project and are generally familiar with said plans and specifications; and WHEREAS, Braun Intertec is also familiar with and knowledgeable regarding the testing frequencies identified in the Iowa DOT Standard Specifications for Highway and Bridge Construction; and WHEREAS, the City of Iowa City has negotiated this Agreement for said consulting services with Braun Intertec. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services upon request and as needed by the City as described in Attachment A, Activities and Unit Rates, attached and incorporated herein for the City, as they relate to the Plans and Specifications for the Iowa City Gateway Project (DOT Project - HDP -3715(652)--71-52) as prepared by HNTB dated April 19, 2016, and to do so in a timely and satisfactory manner in accordance with the terms of this Agreement. Any testing to be performed by Consultant shall be only upon prior direction from the City, by methods in accordance with the Iowa DOT Standard Specifications for Highway and Bridge 2 - Construction. Said tests shall be performed in locations identified by the City. Consultant acknowledges that the City and/or third parties may be performing certain other inspection services, and thus detailed documentation of the testing locations is critical. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The Consultant shall perform the above described scope of services beginning May 31, 2016 and complete the work no later than December 31, 2018. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, -3 - and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. City agrees that Consultant's aggregate liability for professional liability claims will not exceed $2,000,000. IV. COMPENSATION FOR SERVICES The City shall pay Consultant for services rendered under Section 1 — Scope of Services a not to exceed fee as follows: TOTAL NOT TO EXCEED FEE $249,250.00 The fee shall be based on Attachment A, Unit Rates and Attachment B, Cost Estimate. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. M B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. D. The City reserves the right to perform certain construction phase inspection services and to employ other engineering firms to do the same. Consultant acknowledges that this agreement is a non-exclusive contract for professional services. FOR � CITY By: .. Title:—i— Act u n l Date: � Z1LL ATTEST: 74, a 7�, 7�r. ) pwvwmsbonsagmt Um FOR THE CONSULTANT BY,CL,IL� Title: /i✓!/ i crf f'fa s n rt , -j-- Date:Date:— 42 �(&__ Approved by: « /yanWVVT/ 444,-,_ City Attorney's Office S irm Date BRAUN Activities and Unit Rates N T E RT E C QTB037567 Tae science 4oa e.ild on. Iowa City Gateway Project Client: Work Site Address: Service Description: City of Iowa City North Dubuque Street & Foster Road Construction Inspections and Materials Testing Melissa Clow Iowa City, IA 52245 410 East Washington St Iowa DOT Project No. HDP -3715(652)--71-52 lovra City, IA 52240 Description Units Unit Price Construction Observations and Materials Testing Activity Sall Observations and Testing 206 Excavation Observations Hour 65.00 211 Proofroll Observations Hour 65.00 207 Compaction Testing - Nuclear Hour 55.00 1308 Nuclear moisture -density meter charge, per hour Each 10.00 1318 Standard Proctor test, per specimen Each 130.00 1156 Atterberg LimitsLL and PL, per sample Each 90.00 1162 Sieve analysis with 200 wash, per sample Each 110.00 1861 CMT Trip Charge Each 30.00 Activity Concrete Observations and Testing 215 Concrete Ready Mir. Plant Monitoring Hour 9000 j 194 Pre -stressed Concrete Observations (Pre -cast Plant; Field PT Cable Placement. Cable Hour 90.00 Stressing and Duct Grouting) 260 Concrete Mild Reinforcing Observations Hour 65.00 261 Concrete Testing Hour 55.00 278 Concrete Cylinder Pick up Hour 55.00 1364 Compressive strength of concrete cylinders (ASTM C 39), per specimen Each 24.00 1367 Flexural strength of beams, per specimen Each 5500 1861 CMT Trip Charge Each 30.00 Activity Structural Steel Observations 645 Radiography Examination (2 Person Crew) Hour 160.00 117 Level 111 NDE Services Hour 120.00 112 AWS -Certified Weld Insp. Hour 90.00 5269 Ultrasonic sheary avo equipment, per day Each 75.00 1626 MT yoke equipment, per day Each 25.00 1642 UT, MT & PT consumables, per container Each 30.00 1662 Mobile darkroom, per day Each 64.00 1663 Mobile darkroom, per mile Each 088 1646 Standard sheet film, each Each 10.00 1861 CMT Trip Charge Each 3000 Page 1 of 2 B RAS IN' Activities and Unit Rates I NTE RTE C OTBO37657 The science You awed o.,. Iowa City Gateway Project Total Project Management (non -engineering) costs will be approxjmatly %15 of the total cost of our services. Page 2 of 2 Deep Foundations Observations and Testing Activity Driven Pile Deep Foundations Observations and Testing 240 Pile & Pier Installation Observations Hour 90.00 241 Pile High -Strain Dynamic/Static Load Testing and Observation (Staff Engineer) Hour 120.00 1342 Pile Driving Analyzer (PDA) equipment rental, per day Each 500.00 1344 CAPWAP analysis, each Each 500.00 1343 Wave Equation analysis, each Each 400.00 1861 CMT Trip Charge Each 30.00 Activity Drilled Shah Foundation Observations & Testing 240 Pile & Pier Installation Observations Hour 90.00 230 Cross Hole Sonic Logging (Staff Engineer) Hour 120.00 5801 Cross Hole Sonic Logging Equipment, per day Each 500.00 1861 CMT Trip Charge Each 30.00 Activity Intermediate Foundation Observations & Testing (GeopierslRock ColumnslRAP's) 240 Pile & Pier Installation Observations Hour 90.00 241 Static Load Testing Observations (Staff Engineer) Hour 120.00 1851 CMT Trip Charge Each 30.00 Engineering Review, Project Management & Oversight Activity Engineering Review, Project Management & Oversightt 238 Project Assistant Hour 65.00 118 Staff Engineer Hour 120.00 126 Project Manager/Engineer Hour 130.00 128 Senior Engineer Hour 150.00 130 Principal Engineer Hour 170.00 Total Project Management (non -engineering) costs will be approxjmatly %15 of the total cost of our services. Page 2 of 2 ��.N NTERTEC The Svence You auRd On. Cost Estimate QTB037657 Iowa City Gateway Project Client: Work Site Address: Service Description: City of Iowa City North Dubuque Street & Foster Road Construction Inspections and Materials Testing Melissa Clow Iowa City, IA 52245 .� 410 East Washington St Iowa DOT Project No. HDP -3715(652)--71-52 Iowa City, IA 52240 L Description Quantity Units Unit Price Extension Phase 1 Construction Observations and Materials Testing Activity 1.1 Soils At -Grade Observations and Testing $161,450.00 206 At -Grade Observations' 2,350.00 Hour 65.00 $152,750.00 Work Activity Detail Qty Units HrsAlnif Extension At -Grade Solis/Concrete Ob's & Testing (2016) 135.00 Trips 10.00 1,350.00 At Grade Soit lConcrete Ob's & Testing (2017) 50.00 Trips 10.00 500.00 At -Grade Scils/Concrete Ob's & Testing (2018) 50.00 Trips 10.00 Waco 1318 Standard Proctor test, per specimen 5,00 Each 13000 $650.00 1156 Atterberg Limits: LL and PL, per sample 5.00 Each 9D.00 $450.00 1162 Sieve analysis with 200 wash, per sample 5.DO Each 110.00 $550.00 1861 CMTTrip Charge 235.00 Each 30.00 $7,05D.00 Activity 1,2 Concrete Batch Plant & At -Grade Observations and Testing $55,000.00 215 Concrete Ready Mix Plant Monitoring 300.00 Hour 90.00 $27,000.00, Work Activity Detail Qty Units HrsAinit Extension CPM (2016) 3000 Trips 6.00 180.00 CPM (2017) 10.00 Trips 6.00 60.00 GPM (2010) 10.00 Trips 6.00 60,00 1367 Flexural strength of beams, per specimen 200, DO Each 55.00 $11,000.00 Work Activity Detail Oty Units Hrs/Unit Extension Concrete Pavements 100.00 Set 2.00 200.00 5342 Thickness of pavement core (ASTM D 2726) 300.00 Each 15.00 SASOO.OD Work Activity Detail Qty Units Hrs/Unit Extension PCC Pavement 30.00 Set 10.00 300.00 1162 Fine aggregate sieve analysis with 200 wash (ASTM C 136 and C 117), per 50.00 Each 110.00 $5,500.00 sample 1678 Coarse aggregate sieve analysis (ASTM C 136), per sample 50.00 Each 110.00 $5,500.00 1861 CMT Trip Charge 50,00 Each 30.00 $1,500.00 Activity 1.5 Project Management, Engineering Review & Oversight $32,600.00 238 Project Assistant 50.00 Hour 65.00 $3,250.00 226 Project ManagerlEngineer 210.OD Hour 130,00 $27,300.00 128 Senior Engineer 15.00 Hour 150.00 $2,250.00 Proposal Total: 1 $249,250.00 ` For simplicity, at -grade soils and concrete related tasks are combjned As of 5/25/2016 Page 1 of 1 06-21-16 3d(3) 1404 CITY OF IOWA CITY 410 East Washington Street DATE: June 15, 2016 Iowa City, Iowa 52240 - 1826 TO: Geoff Fruin, Interim Ci Manager (319) 356 - 5000 City ger (319) 356 - 5009 FAX FROM: Jason Havel, City Engineer www.icgov.org RE: Iowa City Gateway Project Construction Phase Geotechnical and Materials Testing and Special Inspection Services Introduction: Staff has solicited proposals from consultants to provide Construction Phase Geotechnical and Materials Testing and Special Inspection Services for the Iowa City Gateway Project. History/Background: This project includes the elevation of Dubuque Street, the reconstruction of the Park Road Bridge over the Iowa River and the expansion of Park Road from two to three lanes from the Iowa River to Riverside Drive. The project has been designed as a multi -modal corridor to include roadway, intersection and utility improvements (water, storm and private), new sidewalk and trails, and a trunk sanitary sewer. This project is included in the capital program, has been successfully let through the Iowa Department of Transportation and a contract has been awarded by Iowa City to Peterson Contractors, Inc. Construction began on May 31, 2016. Discussion: The City, as the Contract Administrator for the project, requires the services of a consultant to provide construction phase Geotechnical and Materials Inspection Services for soils, concrete and structural elements as required by the Iowa Department of Transportation for verification and oversight. While our staff can provide some of the testing services, there are many specialty services required that are beyond the expertise of City staff or requires a testing laboratory. Additionally, a consultant provides additional feet on the ground for a project of this size with the possibility of multiple concrete pours or other tasks being done at the same time. Three consultants submitted proposals for the requested services. Based on qualifications, estimated fee and the understanding of the project scope, Braun Intertec was selected. Financial Impact: The services will be invoiced by task/activity and done on an hourly basis with a not to exceed fee of $249,250.00. Recommendation: Staff is recommending that the City approve the agreement with Braun Intertec for Construction Phase Geotechnical and Material Testing and Inspection Services for the Iowa City Gateway Project. 3�cel) Prepared by: Bill Campbell, ICPD Captain, 410 E. Washington St., Iowa City, IA 319-356-5286 RESOLUTION NO. 16-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $28,453.00; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($14,795.65) and Johnson County will receive 48% ($13,657.44), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under 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 an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriffs Office. Passed and approved this 21st day of June . 2016. MAYOR ATTEST: Approved by: CITY CLERK City Attorneys Office Resolution No. 16=197 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES x NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this _16th_ day of _June_, 2016, by and between The COUNTY of Johnson, acting by and through its governing body, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Iowa City, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY $13.657.44. from the JAG award for use as described in the grant application; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $13,657.44 of JAG funds, assuming the maximum amount of $28,453.00 is awarded after submission of the application. Whatever the award, the City will pay COUNTY 48% of the award and CITY will retain 52% of the award. Section 2. COUNTY agrees to use $13,657.44 for use as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA yor, James A. Thr gmorton r_1VIIr*10 City Jerk Approved as to form: City Attorney X� COUNTY OF JOHNSON, IOWA qQJ Chairperson, Board of Supervisors ATTEST: .- - ,--1 Approved as to r ^I•p CITY OF IOWA CITY 3 MEMORANDUM Date: June 14, 2016 To: Mr. Geoff Fruin, Interim City Manager From: Captain Troy Kelsay, Acting Chief of Police Re: 2016 Edward Byrne Memorial Justice Grant Notification Introduction The Iowa City Police Department in partnership with the Johnson County Sheriffs Office is making application for the 2016 Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. History/Background The Departments were notified that they are eligible to apply for $28,453.00. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($14,795.65) and Johnson County will receive 48% ($13,657.44). This is similar to past years that the grant has been awarded. Discussion of Solutions The Iowa City Police Department would like to allocate the $14,795.65 towards the purchase of a speed/message display trailer. In the past the Iowa City Police Department had two speed display trailers that were deployed on a regular basis. Currently the Iowa City Police Department has no operable speed/message display trailers. The City Council approved the purchase of one speed/message display trailer in FY17 for the Iowa City Police Department. If the Department is awarded this grant the Iowa City Police Department would again be able to deploy two speed/message display trailers. Objectives for the utilization of speed/message display trailers are to reduce the speed of vehicles traveling through work, school and residential zones, encourage speed limit compliance, increase safety and disseminate travel or other useful information to community motorists. Financial Impact There are no matching funds needed to qualify for this grant. Recommendation In accordance with the Justice Assistance Grant application, the application will be on file for review no less than 30 days. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. The recommendation is to apply for this grant. INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2016 BYRNE JUSTICEASSISTANCE GRANT iJAG1 PROGRAM AWARD This Agreement is made and tered into this day of June_, 2016, by and between The COUNTY of Johnson, actin by and through its govern)ihg body, the Board of Supervisors, hereinafter referred to as COU TY, and the CITY of I a City, acting by and through its governing body, the City Counci and referred as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, each governing dy, in perform) g governmental functions or in paying for the performance of governmental fu tions hereunder, shall make that performance or those payments from current revenues legall available/to that party; and WHEREAS, each governing b best interests of both parties, that the costs fairly compensates the park agreement; and WHEREAS, the CITY agrees for use as described in the grant ape (that the performance of this Agreement is in the eking will benefit the public, and that the division of party for the services or functions under this the COUNTY $13,657.44. from the JAG award WHEREAS, the CITY aCOUNTY beli ve it to be in their best interests to allocate the JAG funds. / NOW THEREFORE, a COUNTY and CI\will e as follows: / Section CITY agrees to pay CdUNTY a total of $13.657.4G funds, assuming the maximum amount of $28,453.Op is awarded after submissioof application. Whatever the award, the City will pay COUNTY 48% of the award and CITYain 52% of the award. Section 2. COUNTY agrees to use $13,657.44 for use as outlined in the arant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreeme t will be responsible for its own actions in providing services under this agreement and shall no pe liable for any civil liability that may arise from the furnishing of the services by the other party .\ Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA \ COUNTY OF JOHNSON, IOWA Mayor, James A. Throgmorton ATTEST: City Clerk 9 -(C Approved as to form: City Attorney Chairperson, Board of Supervisors ATTEST: County Auditor as to form: County Attorney J -L (s) Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078 RESOLUTION NO. 16-198 RESOLUTION AUTHORIZING THE RENEWAL OF THE CONTRACT FOR BODY WORK AND REPAIR SERVICES WHEREAS, a Request for Proposal was put out to solicit body work and repair services for City of Iowa City in 2012; and WHEREAS, the evaluation committee selected Premier Automotive in 2012; acid WHEREAS, the initial term of this contract was for one year, with an option to renew for four additional one-year periods upon the mutual consent of the City and Premier Automotive; and WHEREAS, the contract has the option to renew for one final year, and the City and Premier Automotive wish to renew the contract for an additional 1 year; WHEREAS, with the final year of the contract, the City expects to expend approximately $70,000, making the total amount of the contract approximately $230,000; WHEREAS, funds for this purchase are available in the General Fleet Maintenance- Vehicle Repairs line item, 81710510-441050, in the operating budget for the Equipment Division; 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 renewal. Passed and approved this 21st day of // i ►� �.FWG .-. 20 16 . YOR Approved by U 0116? - City orney's Offic Resolution No. Page 2 16-198 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton r -sem r'�:•p° CITY OF IOWA CITY 3 MEMORANDUM Date: June 10, 2016 To: Dennis Bockenstedt, Finance Director From: Mary Niichel-Hegwood, Purchasing Agent Re: Contract Renewal for Body Work and Repair Services Background In May of 2012, a Request for Proposal for Body Work and Repair Services was issued for the City's Equipment Division. After receiving five proposals and a thorough evaluation process, the City awarded the contract to Premier Automotive. Financial Impact The original contract term for the Body Work and Repair Services contract was for one year with the option to renew for four additional one-year periods. With the contract approaching its final year for renewal, the City's Equipment Division and Premier Automotive are requesting to exercise the option to renewal for one more year. Based on previous history for body work and repairs services, the Equipment Division expects to expend approximately $70,000 in the final year of the contract, making the total cost of the contract approximately $230,000. The funds for this contract are available in the Equipment Division's operating budget, under the General Fleet Maintenance -Vehicle Repairs line item, 81710510-441050. Recommendation The Equipment Division recommends renewing the Body Work and Repair Services contract with Premier Automotive for the final year of the contract. Renewal of the contract will extend the contract term to July 12, 2017. Prepared by: Kent Ralston, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5253 RESOLUTION NO. 16-1 RESOLUTION RESCINDING RESOLUTION 93-91 ESTABLISHING THE EXISTING TRAFFIC CONTROL AT THE KIRKWOOD AVENUE / SUMMIT STREET INTERSECTION WHEREAS, In 1993 the City Council adopted a resolution to eliminate the then -existing all -way stop control at the Summit Street / Kirkwood Avenue intersection, and WHEREAS, the removal of the all -way stop had unintended consequences for intersection safety - particularly for bicycles and pedestrians, and WHEREAS, staff recommends that it is in the public interest to rescind Resolution 93-91 so that it may install stop signs for east and westbound motorists on Kirkwood Avenue at Summit Street to re-establish all -way stop control at this location. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 93-91 establishing the existing traffic control at the Kirkwood Avenue / Summit Street intersection is hereby rescinded. Passed and approved this 21st day of 20 16 MAYOR Ap roved by ATTEST: au �rA . i X 2r au'«_' CITY CLERK City Attorney's Office Resolution No. Page 2 16-199 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton r -a- �� CITY OF IOWA CITY 3 MEMORANDUM Date: May 19, 2016 To: Geoff Fruin; Interim City Manager Doug Boothroy; Director, Neighborhood and Development Services From: Kent Ralston; Transportation Planner Re: Summit Street / Kirkwood Avenue intersection stop control Introduction: Staff has received numerous requests to improve safety and traffic operations at the Summit Street / Kirkwood Avenue intersection in recent years. Concerns raised include poor visibility for southbound motorists, lack of adequate gaps in traffic to safely negotiate the intersection for both motorists and pedestrians, and high traffic speeds. Most recently, a number of concerns were received in response to an accident where a pedestrian crossing Kirkwood Avenue was struck by a vehicle. History/Background: In 1993, the City Council adopted a resolution to eliminate the then - existing all -way stop control at the Summit/Kirkwood intersection and established an all -way stop at the Kirkwood/Dodge intersection two blocks to the west. The resolution establishing these changes notes that the impetus was to discourage traffic on Summit Street and encourage traffic on Dodge Street. We now know that the removal of the all -way stop had unintended consequences for intersection safety — particularly for bicycles and pedestrians. Discussion of Solutions: In the last several years, additional pavement markings and pedestrian warning signage have been installed at the Kirkwood/Summit intersection. Staff has also worked with the property owner at the northeast corner of the intersection to minimize vegetation and improve sight distance for southbound motorists. An evaluation was also conducted to determine whether a pedestrian refuge island could be constructed on Kirkwood Avenue. Staff concluded that a pedestrian refuge island would be difficult and costly to install due to the location of storm water intakes on Kirkwood Avenue. It was also determined that since the refuge island would not alleviate visibility constraints for southbound motorists, that other options should be explored. Subsequently, an all -way stop analysis at the intersection was performed which verified that reestablishing the all -way stop at the Summit/Kirkwood intersection is warranted. Implementing the all -way stop will create gaps in traffic for bicycles and pedestrians to cross Kirkwood Avenue and provide a safer environment for southbound motorists to negotiate left -turns. To gauge public sentiment regarding the proposal to reestablish the all -way stop, staff developed an FAQ sheet (attached) and provided the information to the surrounding neighborhoods via neighborhood Facebook pages as well as the Nextdoor neighborhood communication tool. A majority of responses to the proposal were generally positive. Financial Impact: Costs to install signage at this location are anticipated be less than $500. Recommendation: Staff recommends Council approve the attached Resolution which will rescind Resolution No. 93-90. This action will allow the City Council to consider approval of the installation of stop signs for east and westbound motorists at the Kirkwood/Summit intersection. �.rt, Department of Neighborhood and Development services Cin Of 101Vn CGry With this FAQ staff has tried to anticipate the most commonly asked questions with regards to the proposed all -way stop control at the Kirkwood and Summit Intersection. If you have any questions about the proposed changes to this intersection, please contact Transportation Planning at 356-5253. Q: What is the proposed change for this intersection? A. South Summit Street and Kirkwood Avenue is a 3 -way, orT-, intersection. At this time, only southbound vehicles on Summit have a stop sign; east and westbound vehicles on Kirkwood proceed through the intersection without havingto stop. The proposed change will convert the intersection to an all -way stop. All vehicles approaching the intersection will be required to stop before proceeding through the intersection. With this change, the intersection will be consistentwith existing all -way stops at the intersections at Keokuk and Kirkwood and at Dodge and Kirkwood. Turning lanes on both Kirkwood and Summit will be retained. Q. Why is this change being implemented? A. Over the past two decades, the City has received numerous complaints related to traffic speeds and safety at this intersection from motorists, bicyclists, and pedestrians. This has led to several evaluations of the intersection's traffic control. The most common concerns are related to vehicle speeds along Kirkwood, a lack of adequate gaps between vehicles travelling on Kirkwood, andpght distance issues for vehicles turning left onto Kirkwood from Summit Street. A combination of vehicle speeds and inadequate gaps have caused safety concerns and delays for pedestrians trying to cross Kirk- wood Avenue. Bicyclists have also identified this intefsecdon as a difficult crossing. Q: How will this impact vehicles and pedestrians at the intersection? A. Installing an all -way stop control at the intersection will help distribute delay more evenly on both streets. The all -way stop control will create the necessary gaps in traffic for north and southbound pedestrian crossings and will also provide southbound motorists with more adequate opportunity to negotiate left -turning movements. Q: What other alternatives did the City consider? A. In addition to all-waystop control, the City considered installing pedestrian refuge island. Such an island would allow pedestrians to make a two-stage crossing, negotiating one direction of traffic at a time. However, this alternative would not address issues of visibility and lack of gaps for vehicles turning left off of Summit onto Kirkwood. Q: When will the stop signs be installed? A. The all -way stop will be installed this Spring (2016), pending City Council approval. Existing stop sign for southbound traffic on Summit St Is retained. traffic on Kirkwood Ave. All vehicles must stop before continuing through the intersection. 1'b Pies B),4— RESOLUTION )L RESOLUTION NO. 93-91 RESOLUTION DIRECTING TRAFFIC ENGINEERING TO CHANGE THE TRAFFIC CONTROL OF THE INTERSECTION OF KIRKWOOD AVENUE AND SUMMIT STREET FROM AN ALL -WAY STOP CONTROL TO A ONE-WAY STOP CONTROL. WHEREAS, the current all -way stop sign control at the intersection of Kirkwood Avenue and Summit Street was installed to augment flow of traffic onto Kirkwood Avenue from Summit Street; and WHEREAS, the City Council has expressed a desire to discourage vehicular traffic on Summit Street; and WHEREAS, the City Council has informally proposed that the all -way stop sign control at the intersection of Kirkwood Avenue and Summit Street be changed to a one-way stop, with Summit Street stopping and Kirkwood Avenue being uncontrolled; and WHEREAS, the City Council has directed the rebuilding of Kirkwood Avenue to its current dimensions providing left -turn lane for eastbound traffic to left -turn to the north; and WHEREAS, the City staff recommends that when the intersection of Kirkwood Avenue and Summit Street is made to be a one-way stop, that Summit Street be marked as two 15 -foot lanes instead of its current three 10 -foot lanes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon completion of the repaving of the intersection of Kirkwood Avenue and Summit Street, the Traffic Engineering Division shall install a one-way stop causing Summit Street to stop and allowing Kirkwood Avenue to be uncontrolled; and 2. At such time as these two above-mentioned events occur, Summit Street shall be marked as two 15 -foot traffic lanes. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Horowitz Kubby x McDonald X Novick Cll Passed and approved this 27th day of AnriI , 1993. Approved by ATTEST:%��%�/ CITY LERK Citj Attorney's Office Pw.n.umn:,.r.. 9/ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-200 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY AIRPORT COMMISSION WHEREAS, the by-laws of the Airport Commission have not been updated since 2009; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission by clarifying terms will commence July 1; and WHEREAS, the Airport Commission recommended unanimously at their May 19, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Airport Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June _'2016. MA4YOR ATTEST: CITY CLERK Ap rovedlBy: City Attorney's Office s/by-laws res.doc Resolution No. 16-200 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton :Y10 vr� IOWA CITY MUNICIPAL AIRPORT COMMISSION ARTICLE I. MEETINGS -- Section 1. Regular Meetings. Regular meetings of this Commission shall be held monthly. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or shall be called by the Chairperson at the request of 3 members of the Commission. Section 3. Place of Meetings. Regular meetings shall be held in the Terminal Building at the Iowa City Municipal Airport or other appropriate meeting place should the Terminal Building not be available. Section 4. Notice of Meeting. Notice of the Airport Commission meetings shall be given in accordance with the Open Meetings Statute of the State of Iowa. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting, and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A change in the by-laws shall require a majority vote of the full Commission. (See Article V., Section 1.) Section 6. Action. Once a matter is discussed and voted on by a quorum, the majority vote shall prevail. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all regular meetings for public discussion. ARTICLE II. MEMBERSHIP -- Section 1. Qualifications. The Airport Commission shall consist of five (5) voting members. Members shall be appointed by the Mayor and approved by the City Council. All members of the Commission shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non-voting, advisory Commission member who resides outside the City boundaries. Section 2. Term. Members shall be appointed to four-year terms, commencing on July 1" of the year of appointment. Members appointed to terms scheduled to end before June 30th shall have their terms extended until June 30 of the year their original appointments would have expired. Section 3. Incomplete Term. In the event any member is unable to complete his/her appointed term, the vacancy shall be filled for the duration of the unexpired term by the process described in Section 1. Section 4. Absences. Three (3) unexplained absences of a Commission member within a 12 month period may result in a recommendation to the Mayor from the Commission to discharge said member and appoint a new Commission member. Section 5. Orientation of New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the Code of Iowa, Airport Commission By -Laws, and other documents that could be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the City Council, the City Staff, the Airport Commission, and others as may be deemed appropriate. ARTICLE III. OFFICERS -- Section 1. Number. The officers of this Commission shall be a Chairperson and Secretary, each of whom shall be elected members of the Commission. Section 2. Election and Term of Office. Starting in 2017, the officers of this Commission shall be elected annually at the July meeting. If for whatever reason the election of officers is not held at such meeting, such election shall be held as soon thereafter as is convenient.. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, appoint committees, call special meetings and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section 5. Secretary. In the absence of the Chairperson or in the event of his/her death or inability or refusal to act, the Secretary shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Secretary or his/her designated representative shall be responsible for keeping the official minutes of the Commission and filing the minutes and official documents. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS -- Section 1. Agenda. The Chairperson, or his/her designated representative shall prepare an agenda for all regular and special Commission meetings. Agendas are to be sent to Commission members, at least three days prior to the regular meetings. In the event of a special meeting, a minimum of 24 hours notice shall be given. Section 2. Recording Secretary. A recording secretary, not to be a Commission member, shall be provided for at all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and the City Council within 2-4 weeks of the meeting. Section 4. Policies and Programs. Periodically the Commission shall review the policies and programs of the City, County, and Regional Planning Commissions relating to the Municipal Airport and make such recommendations to these bodies as are deemed appropriate. Section 5. Referrals From Council. Periodically, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify the Council of the disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Municipal Airport are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Airport business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson or his/her designated representative, approved by the Commission, and submitted to the City Council. ARTICLE V. AMENDMENTS -- Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular or special meeting called for that purpose. All amendments must be approved by a majority vote of the full Commission. Section 2. These by-laws shall prevail as written unless any part thereof stands in conflict with the Code of Iowa, in which event the Iowa Code shall prevail. Section 3. In all procedural matters not specifically provided for in the by-laws, the latest edition of Roberts Rules of Order shall prevail. Amended and approved on May 19, 2016 Chairperson Secretary RED LINE VERSION SHOWING CHANGES BY-LAWS IOWA CITY MUNICIPAL AIRPORT COMMISSION ARTICLE I. MEETINGS -- Section 1. Regular Meetings. Regular meetings of this Commission shall be held monthly. 06-21-16 3d(7) mm� Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or shall be called by the Chairperson at the request of 3 members of the Commission. Section 3. Place of Meetings. Regular meetings shall be held in the Terminal Building at the Iowa City Municipal Airport or other appropriate meeting place should the Terminal Building not be available. Section 4. Notice of Meeting. Notice of the Airport Commission meetings shall be given in accordance with the Open Meetings Statute of the State of Iowa. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting, and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A change in the by-laws shall require a majority vote of the full Commission. (See Article V., Section 1.) Section 6. Action. Once a matter is discussed and voted on by a quorum, the majority vote shall prevail. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all regular meetings for public discussion. ARTICLE II. MEMBERSHIP -- Section 1. Qualifications. The Airport Commission shall consist of five (5) voting members. Members shall be appointed by the Mayor and approved by the City Council. All members of the Commission shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non-voting, advisory Commission member who resides outside the City boundaries. Section 2. Term. New Members shall be appointed to four-year terms, The appeiataaent aper appeiatfaeat. commencing on July 1s' of the year of appointment. Members appointed to terms scheduled to end before June 301h shall have their terms extended until June 30 of the year their original appointments would have expired. Section 3. Incomplete Term. In the event any member is unable to complete his/her appointed term, the vacancy shall be filled for the duration of the unexpired term by the process described in Section 1. Section 4. Absences. Three (3) unexplained absences of a Commission member within a 12 month period may result in a recommendation to the Mayor from the Commission to discharge said member and appoint a new Commission member. Section 5. Orientation of New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the Code of Iowa, Airport Commission By -Laws, and other documents that could be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the City Council, the City Staff, the Airport Commission, and others as may be deemed appropriate. ARTICLE III. OFFICERS -- Section 1. Number. The officers of this Commission shall be a Chairperson and Secretary, each of whom shall be elected members of the Commission. Section 2. Election and Term of Office. Starting in 2017, the officers of this Commission shall be elected annually at the March July meeting is each -year. If for whatever reason the election of officers shaft is not be held at such meeting, such election shall be held as soon thereafter as is convenient.. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, appoint committees, call special meetings and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section 5. Secretary. In the absence of the Chairperson or in the event of his/her death or inability or refusal to act, the Secretary shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Secretary or his/her designated representative shall be responsible for keeping the official minutes of the Commission and filing the minutes and official documents. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS -- Section 1. Agenda. The Chairperson, or his/her designated representative shall prepare an agenda for all regular and special Commission meetings. Agendas are to be sent to Commission members, at least three days prior to the regular meetings. In the event of a special meeting, a minimum of 24 hours notice shall be given. Section 2. Recording Secretary. A recording secretary, not to be a Commission member, shall be provided for at all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and the City Council within 2-4 weeks of the meeting. Section 4. Policies and Programs. Periodically the Commission shall review the policies and programs of the City, County, and Regional Planning Commissions relating to the Municipal Airport and make such recommendations to these bodies as are deemed appropriate. Section 5. Referrals From Council. Periodically, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify the Council of the disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Municipal Airport are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Airport business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson or his/her designated representative, approved by the Commission, and submitted to the City Council. F1Ai[a]I4Th AMENDMENTS -- Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular or special meeting called for that purpose. All amendments must be approved by a majority vote of the full Commission. Section 2. These by-laws shall prevail as written unless any part thereof stands in conflict with the Code of Iowa, in which event the Iowa Code shall prevail. Section 3. In all procedural matters not specifically provided for in the by-laws, the latest edition of Roberts Rules of Order shall prevail. Amended and approved on May 19, 2016 Chairperson Secretary Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-201 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY COMMUNITY POLICE REVIEW BOARD WHEREAS, the by-laws of the Community Police Review Board have not been updated since 2015; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission by setting their terms to expire July 1; and WHEREAS, the Community Police Review Board recommended unanimously at their May 18, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Community Police Review Board, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June 2016. MAYOR ATTEST: ha'Lz-27'J �iorn� CITY -CLERK Approved By: City Attorney's Office s/by-laws res.doc Resolution No. 16-201 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Thomas AYES: NAYS: ABSENT: ABSTAIN: % Botchway X Cole % Dickens % Mims x Taylor x Thomas x Throgmorton the BY-LAWS IOWA CITY COMMUNITY POLICE REVIEW BOARD ARTICLE[. AUTHORITY The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City community by establishing a Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure that the Iowa City Police Departments performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive absences of a Board member, without excuse of the Chairperson, from regular or special meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. 2 Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on July 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. This meeting time may be rescheduled upon agreement by a majority of the Board. Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given to each Member and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein com- plained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. May 18, 2016 s:C1k\CPR13S0aws.doc RED LINE VERSION SHOWING CHANGES 3d(8) BY-LAWS IOWA CITY COMMUNITY POLICE REVIEW BOARD ARTICLE I. AUTHORITY The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City community by establishing a Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive absences of a Board member, without excuse of the Chairperson, from regular or special meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on September July 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. This meeting time may be rescheduled upon agreement by a majority of the Board. Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given to each Member and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exoarte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Votin . A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such Information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein com- plained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS: Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. May 18, 2016 s:QMCPRW8y1sw .dw Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-202 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HISTORIC PRESERVATION COMMISSION WHEREAS, the by-laws of the Historic Preservation Commission have not been updated since 2004; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission by clarifying the commissioners will reside in Iowa City, their terms will expire July 1 and adding a conflict of interest portion; and WHEREAS, the Historic Preservation Commission recommended unanimously at their February 26, 2016 and April 14, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Historic Preservation Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June , 2016. OR ATTEST: CIT LERK Approved By: City Attorney's Office lIw ale s/by-laws res.doc Resolution No. Page _ 2 16-202 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Thomas AYES: NAYS: ABSENT: ABSTAIN: X Botchway % Cole x Dickens % Mims % Taylor % Thomas % Tbrogmorton the IIIIIiI�a�.� rr�:41Uro ^ UIN"F^"�. 11113a^sa. BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION (Recommended by HPC April 14, 2016) ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month In addition, a date and time may be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the City Hall or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. The meeting place shall be accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during ail regular meetings for open public discussion. ARTICLE II. Section 1. Membership. The Historic Preservation Commission shall consist of one representative from each historic district and four members selected at -large. The Chairperson and Vice - Chairperson will be elected annually by the Commission members. All members shall reside within the City limits of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. ppdadminlbylawhpc.dac 2 Section 3. Terms. Members shall be appointed for three-year terms. All terms expire July 1 and no more than four terms may expire in any given year. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. 3 Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. Section 9. Ex parte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Provided, however, that in ruling upon applications for certificates of appropriateness, the Commission is acting in a quasi-judicial capacity. In these matters, ex parte communications item outside of a public meeting between members of the Commission and parties or persons with a personal interest in the application should not occur, in accordance with Rodine v. Zoning Board of Adjustment of Polk County, 434 N.W. 2d 124 (1988). Section 10. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest and leave the panel of the Commission before the discussion begins. Members who recuse themselves may choose to leave the meeting room for the procedures for that application. Section 11. Design Review Subcommittee. The Commission shall have the authority to establish a historic preservation design review subcommittee to review and make recommendations to the Commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission, to serve one year terms. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. ppdadmin%ylawhpc.dac FF Wiz.. II ffy06r PROPOSED UPDATE BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month. In addition, a date and time shall may be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular meetings shall be in the City Hall or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. The meeting place shall be accessible to people with disabilities Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of one representative from each historic district and four members selected at -large. The Chairperson and Vice - Chairperson will be elected annually by the Commission members. All members shall be qua! fled elestersreside within the City limits of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through a subsequent regular term. Section 3. Terms. Members shall be appointed for three-year terms. All terms expire Marc#'19July 1 and no more than four terms may expire in any given year. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. Section 9. Ex parte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Provided, however, that in ruling upon applications for certificates of appropriateness, the Commission is acting in a quasi-judicial capacity. In these matters, ex parte communications item outside of a public meeting between members of the Commission and parties or persons with a personal interest in the application should not occur, in accordance with Rodine v. Zoning Board of Adjustment of Polk County, 434 N.W. 2d 124 (1988). Section 10. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest and leave the panel of the Commission before the discussion begins. Members who recuse themselves may choose to leave the meeting room for the procedures for that application Section -1911. Design Review Subcommittee. The Commission shall have the authority to establish a historic preservation design review subcommittee to review and make recommendations to the Commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission, to serve one year terms. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. ppdadmin\bylawhpc.doc Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-203 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY PLANNING AND ZONING COMMISSION WHEREAS, the by-laws of the Planning and Zoning Commission have not been updated since 2004; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission by clarifying the commissioners will reside in Iowa City and their terms will expire July 1; and WHEREAS, the Planning and Zoning Commission recommended unanimously at their April 21, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Planning and Zoning Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June , 2016. 14AYOR ATTEST: _� 1 44ew2y CITY -CLERK Approved By: � A i, .%dna n-vc_z ,z1 X(/ �- ity Attorney's Office s/by-laws res.doc Resolution No. Page 2 16-203 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Title 14, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall reside within the City limits of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Chapter and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on July 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice -Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular formal meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Iowa Code Chapter 21. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Chapter and the adoption of the Comprehensive Plan or part or amendment thereof. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast' a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 14-7A-1, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in public places. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare 4 a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section B. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII. HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS: Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The 5 Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetings. The goal of the Commission is to have at least one representative at each regular formal meeting of the City Council. It is the responsibility of the Chairperson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activities of the Commission shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. ppdadm1n\by1aws.p&z 3d(10) BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Sestiea Title 14-4A, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall be qualif ed elester€reside within the City limits of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Chapter and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on May -July 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. 2 ARTICLE IV. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice -Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular formal meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under SeGtieR 14 6U, GityIowa Code Chapter 21. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of 3 a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Chapter and the adoption of the Comprehensive Plan or part or amendment thereof. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 14-4A7A-1, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in public places. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII. HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS: Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetings. The goal of the Commission is to have at least one representative at each regular formal meeting of the City Council. It is the responsibility of the Chairperson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activities of the Commission shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. ppdadminlbyaws.p&z Prepared by: Madan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 16-204 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY TELECOMMUNICATIONS COMMISSION WHEREAS, the by-laws of the Iowa City Telecommunications Commission have not been updated since 2001; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission and change election of officers to July and other non -substantive changes; and WHEREAS, the Iowa City Telecommunications Commission recommended unanimously at their May 31, 2016 Commission meeting to approve the amended by-laws; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Telecommunications Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 21st day of June _'2016. YOR ATTEST: CIT LERK Approved By: City Attorney's Office s/by-laws res.doc Resolution No. Page 2 16-204 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton BY-LAWS IOWA CITY TELECOMMUNICATIONS COMMISSION ARTICLE I - THE COMMISSION Section 1 The name of the Commission is the Iowa City Telecommunications Commission, referred to in these by- laws as the Commission. Section 2 The Commission is authorized by the City Council of the City of Iowa City pursuant to City Code Section 12-4-3. ARTICLE II - PURPOSE Section 1 The purpose of the Commission is to recommend policies to the City Council on the regulation, development, and operation of cable television, telecommunications, and communications systems in Iowa City. Additionally, the Commission will inform and educate citizens on cable television, telecommunications, and communications systems matters affecting consumers. ARTICLE III - MEMBERSHIP Section 1 The Commission shall consist of five citizens of the City of Iowa City appointed by the City Council for a term of three years. Section 2 If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through the subsequent regular term. Section 3 No Commissioner, without a reasonable explanation, may miss more than two regularly scheduled meetings within a twelve-month period. If more than two such meetings are missed, dismissal under this provision shall be recommended to the City Council only upon concurrence of the remaining Commissioners. Section 4 Commissioners shall serve without compensation but shall be entitled to the necessary expenses, including travel, incurred in the discharge of their duties. ARTICLE IV - OFFICERS Section 1 The Commission shall elect a Chair and Vice -Chair from among its members who shall serve in such capacity for a period of one year. The election of officers shall be held yearly at the first regular Commission meeting in July, or as soon as possible, after City Council appointments are made to the Commission each July. Section 2 The Secretary for the Commission shall be the City's Media Production Services Coordinator. It shall be the duty of the Secretary to keep a full record of the proceedings of the Commission. ARTICLE V - MEETINGS Section 1 The Commission shall meet on a regular basis at least once each month unless a majority of members agree otherwise at a time and place as shall be set by the Secretary of the Commission. Section 2 The Chair or any two (2) Commissioners may call a special meeting by giving at least twenty-four (24) hours notice in advance to each Commissioner and to the news media. Only items included on the agenda for the special meeting may be considered. Section 3 A quorum shall consist of three (3) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chair shall vote as a member. Section 4 All meetings of the Commission shall be open to the public pursuant to Chapter 28A of the Code of Iowa, except where 4/5 of the Commission votes to close a meeting to the public for the purpose of discussing business outlined in Chapter 21.5 of the Code of Iowa. All closed meetings shall be duly recorded pursuant to Chapter 21.5 ARTICLE VI - DUTIES Section 1 The Commission shall consider any inquiry or proceeding requiring City Council action to be taken in regard to the cable television system(s) as provided in Title 12, Chapter 4 of the City Code. Section 2 The Commission shall conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recommendations to the Council concerning system improvements and amendments to this Ordinance or to any franchise agreement. One such review must take place within the twelve months prior to the expiration of any franchise. 3 Section 3 The Commission, pursuant to City Code Section 12-4-3, shall resolve dispute or disagreements between subscribers, potential subscribers and any cable television system operator should such parties be unable first to resolve their dispute. Section 4 The Commission shall review and audit reports and correspondence submitted to the City concerning the operation of the cable television system(s) so as to insure that all reports are completed and fulfilled pursuant to City Code Section 12-4-3. Section 5 The Commission shall work with the public and the news media to assure that all records, rules, and charges pertinent to the cable television system(s) are made available for inspection at reasonable hours upon reasonable notice. Section 6 The Commission shall confer with the cable television system(s) operator(s) and advise on the interconnection of the City's cable system with other cable and communications systems. Section 7 The Commission shall solicit, review and provide recommendations to the City Council for selection of applicants for a franchise under provisions of Sections 12-4-9 and 12-4-10 of the City Code. Section 8 The Commission shall initiate inquiries, receive requests for review of regulated rates charged by any cable television system operator, and provide recommendations on such actions to the City Council. Section 9 The Commission shall establish and administer sanctions as authorized by the City Council to insure compliance with Title 12, Chapter 4 of the City Code. Section 10 The Commission shall make recommendations to the operator(s) of the cable television system(s) and to the educational and governmental users of the educational and governmental access channels. Section 11 The Commission shall ensure that any cable television operator makes the public access channel(s) available to all residents of the City on a nondiscriminatory basis. Section 12 The Commission shall ensure that the operation of the public access channel(s) be free of program censorship and control. Section 13 The Commission shall perform such other duties and functions in order to maximize the use of public access channels among the widest range of individuals, institutions, and other organizations within the City. This shall include recommendations to the City Council for utilization of the annual franchise payment. Section 14 The Commission shall help identify public rights-of-way issues and concerns related to telecommunications that may be of importance to the City and its citizens. Section 15 The Commission shall educate the City and its citizens regarding the power and authority granted the City (or lack thereof) in dealing with such telecommunications issues and concerns. Section 16 The Commission shall provide citizens with referrals to the appropriate state and/or federal agencies which regulate such telecommunications activities in the event the City does not have jurisdiction. Section 17 The Commission shall inform and educate citizens regarding such telecommunications matters affecting consumers, such as, but not limited to, consumer protection information Section 18 The Commission shall make recommendations regarding development of the local communications infrastructure. Section 19 The commission shall work with organizations such as the League of Cities to promote the interests of municipal governments and citizens before state legislative and administrative bodies regarding the cable television and telecommunications competition and related consumer protection procedures, practices and guidelines. Section 20 The Commission shall, to the extent possible, ensure the public right-of-way regulation is consistent with the commission's interest in promoting competition among telecommunications providers and other communications companies. ARTICLE VII - CONDUCT OF BUSINESS Section 1 The Chair of the Commission shall set the agenda for meetings. Items submitted to the Chair by Commissioners at least ten days in advance of a regularly scheduled meeting shall be included. Each Commissioner and staff member shall be provided with an agenda prior to each meeting. 5 Section 2 The Commission's Secretary shall be responsible for the drafting and distribution of minutes of all such meetings. Section 3 The Secretary shall be responsible for maintaining official files of all Commission reports, correspondence, minutes, and other materials. These records and reports shall be made available for public inspection and copying pursuant to Chapter 22 of the Iowa Code except where specifically exempted from public inspection by said Chapter. Section 4 The Commission shall prepare and transmit to the Mayor and City Council from time to time, but not less than once each year, reports describing its proceedings, evaluations, investigations, hearings conducted and the outcome thereof, decisions rendered, and any other work performed by the Commission. Section 5 The Commission shall adopt, pursuant to the Iowa City Administrative Code, such rules, regulations, and procedures as are necessary to carry out its duties and responsibilities. Section 6 The Commission shall be governed in all cases by the rules in the current edition of Robert's Rules of Order Newly Revised except where they are not consistent with these by-laws and/or any special rules the commission may adopt. ARTICLE VIII - APPOINTMENT OF SUBCOMMITTEES Section 1 Subcommittees will be authorized by a majority vote of the Commission. The Chair will appoint Commission members to the subcommittees. ARTICLE IX — RATIFICATION AND AMENDMENTS Section 1 These by-laws can be amended at any regular Commission meeting provided that 4/5 of all Commissioners vote in favor of the amendment and provided that the amendment has been submitted in writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with Title 12, Chapter 4 of the City Code. cebleMbylawbtc 1ean1doc RED LINE VERSION SHOWING CHANGES 3d(11) BY-LAWS - IOWA CITY TELECOMMUNICATIONS COMMISSION ARTICLE I - THE COMMISSION Section 1 The name of the Commission is the Iowa City Telecommunications Commission, referred to in these by- laws as the Commission. Section 2 The Commission is authorized by the City Council of the City of Iowa City pursuant to City Code Section 124-3. ARTICLE II -PURPOSE Section 1 The purpose of the Commission is to recommend policies to the City Council on the regulation, development, and operation of cable television, telecommunications, and communications systems in Iowa City. Additionally, the Commission will inform and educate citizens on cable television, telecommunications, and communications systems matters affecting consumers. ARTICLE III - MEMBERSHIP Section 1 The Commission shall consist of five citizens of the City of Iowa City appointed by the City Council for a term of three years. Section 2 If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired tens in such a manner that the appointee shall continue in the position not only through the unexpired term but also through the subsequent regular term. Section 3 No Commissioner, without a reasonable explanation, may miss more than two regularly scheduled meetings within a twelve-month period. If more than two such meetings are missed, dismissal under this provision shall be recommended to the City Council only upon concurrence of the remaining Commissioners. Section 4 Commissioners shall serve without compensation but shall be entitled to the necessary expenses, including travel, incurred in the discharge of their duties. ARTICLE IV - OFFICERS Section 1 The Commission shall elect a Chair and Vice -Chair from among its members who shall serve in such capacity for a period of one year. The election of officers shall be held yearly at the first regular Commission meeting in, ,, or as soon as possible, after City Council appointments are made to the Commission each March. Section 2 The Secretary for the Commission shall be the City's Media Production Services Coordinator. It shall be the duty of the Secretary to keep a full record of the proceedings of the Commission. ARTICLE V - MEETINGS Section 1 The Commission shall meet on a regular basis at least once each month unless a majority of members agree otherwise at a time and place as shall be set by the Secretary of the Commission. Section 2 The Chair or any two (2) Commissioners may call a special meeting by giving at least twenty-four (24) hours notice in advance to each Commissioner and to the news media. Only items included on the agenda for the special meeting may be considered. Section 3 A quorum shall consist of three (3) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chair shall vote as a member. Section 4 All meetings of the Commission shall be open to the public pursuant to Chapter 28A of the Code of Iowa, except where 415 of the Commission votes to close a meeting to the public for the purpose of discussing business outlined in Chapter 21.5 of the Code of Iowa. All dosed meetings shall be duly recorded pursuant to Chapter 21.5 ARTICLE VI - DUTIES Section 1 The Commission shall consider any inquiry or proceeding requiring City Council action to be taken in regard to the cable television system(s) as provided in Title 12, Chapter 4 of the City Code. Section 2 The Commission shall conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recommendations to the Council conceming system improvements and amendments to this Ordinance or to any franchise agreement. One such review must take place within the twelve months prior to the expiration of any franchise. Section 3 The Commission, pursuant to City Code Section 12-4-3, shall resolve dispute or disagreements between subscribers, potential subscribers and any cable television system operator should such parties be unable first to resolve their dispute. Section 4 The Commission shall review and audit reports and correspondence submitted to the City concerning the operation of the cable television system(s) so as to insure that all reports are completed and fulfilled pursuant to City Code Section 12-4-3. Section 5 The Commission shall work with the public and the news media to assure that all records, rules, and charges pertinent to the cable television system(s) are made available for inspection at reasonable hours upon reasonable notice. Section 6 The Commission shall confer with the cable television system(s) operator(s) and advise on the interconnection of the City's cable system with other cable and communications systems. Section 7 The Commission shall solicit, review and provide recommendations to the City Council for selection of applicants for a franchise under provisions of Sections 12-4-9 and 124-10 of the City Code. Section 8 The Commission shall initiate inquiries, receive requests for review of regulated rates charged by any cable television system operator, and provide recommendations on such actions to the City Council. Section 9 The Commission shall establish and administer sanctions as authorized by the City Council to Insure compliance with Title 12, Chapter 4 of the City Code. Section 10 The Commission shall make recommendations to the operator(s) of the cable television system(s) and to the educational and governmental users of the educational and governmental access channels. Section 11 The Commission shall ensure that any cable television operator makes the public access channel(s) available to all residents of the City on a nondiscriminatory basis. Section 12 The Commission shall ensure that the operation of the public access channels) be free of program censorship and control. Section 13 The Commission shall perform such other duties and functions in order to maximize the use of public access channels among the widest range of individuals, institutions, and other organizations within the City. This shall include recommendations to the City Council for utilization of the annual franchise payment. Section 14 The Commission shall help identify public rights-of-way issues and concerns related to telecommunications that may be of importance to the City and its citizens. Section 15 The Commission shall educate the City and its citizens regarding the power and authority granted the City (or lack thereof) in dealing with such telecommunications issues and concerns. Section 16 The Commission shall provide citizens with referrals to the appropriate state and/or federal agencies which regulate such telecommunications activities in the event the City does not have jurisdiction. Section 17 The Commission shall inform and educate citizens regarding such telecommunications matters affecting consumers, such as, but not limited to, consumer protection information Section 18 The Commission shall make recommendations regarding development of the local communications infrastructure. Section 19 The commission shall work with organizations such as the League of Cities to promote the interests of municipal governments and citizens before state legislative and administrative bodies regarding the cable television and telecommunications competition and related consumer protection procedures, practices and guidelines. Section 20 The Commission shall, to the extent possible, ensure the public right-of-way regulation is consistent with the commission's interest in promoting competition among telecommunications providers and other communications companies. ARTICLE VII - CONDUCT OF BUSINESS Section 1 The Chair of the Commission shall set the agenda for meetings. Items submitted to the Chair by Commissioners at least ten days in advance of a regularly scheduled meeting shall be included. Each Commissioner and staff member shall be provided with an agenda prior to each meeting. Section 2 The Commission's Secretary shall be responsible for the drafting and distribution of minutes of all such meetings. Section 3 The Secretary shall be responsible for maintaining official files of all Commission reports, correspondence, minutes, and other materials. These records and reports shall be made available for public inspection and copying pursuant to Chapter 22 of the Iowa Code except where specifically exempted from public inspection by said Chapter. Section 4 The Commission shall prepare and transmit to the Mayor and City Council from time to time, but not less than once each year, reports describing its proceedings, evaluations, investigations, hearings conducted and the outcome thereof, decisions rendered, and any other work performed by the Commission. Section 5 The Commission shall adopt, pursuant to the Iowa City Administrative Code, such rules, regulations, and procedures as are necessary to carry out its duties and responsibilities. Section 6 The Commission shall be governed in all cases by the rules in the current edition of Robert's Rules of Order Newly Revised except where they are not consistent with these by-laws and/or any special rules the commission may adopt. ARTICLE VIII -APPOINTMENT OF SUBCOMMITTEES Section 1 Subcommittees will be authorized by a majority vole of the Commission. The Chair will appoint Commission members to the subcommittees. ARTICLE IX — RATIFICATION AND AMENDMENTS Section 1 These by-laws can be amended at any regular Commission meeting provided that 415 of all Commissioners vote in favor of the amendment and provided that the amendment has been submitted in writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with Title 12, Chapter 4 of the City Code. ca'l Ylaw9tcCW=3 We Paul D. Pate y Secretary of State Pe s-A��yP State of Iowa apr o� } FILED 28E Agreement LL M509128 0 0 7/5/2016 10:36:21 AM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 140 Criminal Investigation (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) For DIA to investigate administrative and criminal cases, obtain evidence, and prepare investigative reports on behalf of the City of Iowa City via the Iowa City Housing Authority. Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/21/2017 ❑Indefinite Duration Immiddlyyyy] 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 fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: htlo ilsos iowa aovl28e 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 FIRST Name Title Department Email Phone Full Legal Name Organization Type *County Party 1 The Iowa Department of Inspections & Appeals State Agency Polk Party 2 City of Iowa City City Johnson Party 3 Party 4 Party 5 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 140 Criminal Investigation (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) For DIA to investigate administrative and criminal cases, obtain evidence, and prepare investigative reports on behalf of the City of Iowa City via the Iowa City Housing Authority. Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/21/2017 ❑Indefinite Duration Immiddlyyyy] 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 fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: htlo ilsos iowa aovl28e 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 FIRST Name Title Department Email Phone Prepared by: Steven J. Rackis, ICHA Admin'r. 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 16-205 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A 28E AGREEMENT WITH THE IOWA DEPARTMENT OF INSPECTIONS AND APPEALS (DLA) AUTHORIZING THE PERFORMANCE OF HOUSING CHOICE VOUCHER PROGRAM/PUBLIC HOUSING INVESTIGATIONS OF THE IOWA CITY HOUSING AUTHORITY BY THE DIA. WHEREAS, the U.S. Department of Housing and Urban Development (I -IUD) is under a Presidential mandate to reduce income and rent errors in its rental housing assistance programs; WHEREAS, the Improper Payments Information Act of 2002 (Public Law No: 107-300) further requires the annual measurement and reporting of erroneous federal payments; WHEREAS, if the Housing Authority takes no action to recover excess subsidies, HUD requires the Housing Authority to return to HUD all amounts that constitute an overpayment of subsidy; WHEREAS, the Iowa City Housing Authority conducts the majority of investigations involving non - reporting of income; WHEREAS, the scope and complexity of some investigations involving non -reporting of income are beyond the Housing Authority's investigative powers and resources; WHEREAS, the Iowa City Housing Authority entered into a 28E Agreement with the DIA on November 17, 2006; and WHEREAS, the 28E Agreement between the Iowa City Housing Authority should be renewed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign a 28E Agreement with the DIA authorizing the DIA to conduct investigations on behalf of the Iowa City Housing Authority. Passed and approved this 21st day of June 20 16 ATTEST: -1 . -,(a/ u� MY—CLERK OR Approved by City Attorney's Office Resolution No. 16-205 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the INTERAGENCY AGREEMENT BETWEEN IOWA DEPARTMENT OF INSPECTIONS AND APPEALS AND CITY OF IOWA CITY This agreement (Agreement) is entered into between the Iowa Department of Inspections and Appeals (DIA) and the City of Iowa City pursuant to the authority of Iowa Code sections 28E.5 and 28E.12. The parties hereto agree as follows: Purpose: The purpose of this Agreement is to authorize the performance of Section 8 Voucher Program / Public Housing investigations of the Iowa City Housing Authority (ICHA) by DIA. Rights, Powers, and Responsibilities: ICHA Agrees to: Refer, in writing, investigations for ICHA to DIA. 2. Approve, in writing, the inclusion of cases involving the ICHA programs when multiple state, local or federal agencies are involved in an investigation. 3. Provide the following to DIA: a. Access to all case records pertinent to the investigations being conducted. b. Calculations of any overpayments that occurred on cases under investigation. C. Leasing Housing Specialists or other appropriate staff that are required to testify in court about the Section 8 Housing Choice Voucher Program / Public Housing records and determinations of overpayment amounts. 4. Collect all civil and criminal overpayments. DIA agrees to: 1. Investigate, obtain evidence, and prepare and submit investigative reports to county attorneys or federal prosecutors for criminal prosecution on behalf of ICHA. 2. hi criminal cases, request restitution through the courts on behalf of ICHA for the amount of overpayment(s). In civil or administrative cases, submit a copy of the investigative report to ICHA for appropriate action. Administrator: Steven J. Rackis is the Administrator of this Agreement on behalf of the City, of Iowa City and the ICHA. Funding: DIA will bill ICHA for investigations conducted pursuant to this Agreement at the initial rate of sixty-eight dollars and 25 cents (568.25) per hour, modified annually, by the thirtieth (or last day) of each month ICHA shall reimburse DIA within 30 days of receipt of a billing statement / invoice. If ICHA denies any pari of the invoice, ICHA shall provide DIA with a detailed reason for the denial and give DIA the opportunity to provide further justification. Duration: This Agreement shall be in full force and affect from June 22, 2016 to June 21, 2017, unless terminated earlier in accordance with the Termination section of this Agreement Tb-- Agreement heAgreement may be renewed for no to five years in increments of one-year periods. ICHA and D1A shall meet at least thirty, (30) days prior to the expiration of this Agreement to determine renewal and any, modifications to the Agreement, including but not limited to, funding. Legal or Administrative. Entity Created: No new legal or administrative entity is created by this Agreement- Property: greement Property: Nothing in this Agreement shall be deemed to effect any, change with respect to the Ownership of the real or personal property of either party, to this Agreement, Dispute Resolution: The parties to this Agreement shall attempt to mediate disputes that arise under this Agreement by engaging in mediation with a mutually agreed-upon mediator. Each party will bear fifty percent (50%) of the costs of such mediation. In the event the parties are unable to reach agreement during the mediation, the parties shall submit their dispute to binding arbitration as provided for in Iowa Code section 679A.19. Filing and Recording: Copies of this Agreement shall be filed with the Secretary of State before the Agreement shall be in full force and effect, all pursuant to Iowa Code section 28E.8 Termination: Either party to this Agreement may terminate this Agreement without cause by providing the other parry a written notice of intent to terminate this Agreement, at least thirty (30) days prior to the intended date of termination. The notice shall specify the reasons for termination and shall be. delivered by U.S. Certified Mail to either party. The undersigned hereby execute and ether into this interagency 28E agreement Each signatory represents that he/she has been authorized in accordance with state law to sign and bind the agency represented. Rodney A. Roberts, Director Geoff Fru�in, Interim City, Manager IOWA DEPARTAWNr OF INSPECRONS AND APPEAIS CTT, OF 1OVVA CITY Date Date Administrator: Steven J. Rackis is the Administrator of this Agreement on behalfA the City of Iowa City and the ICHA. Fund' ng: DIA will bill ICHA for investigations conducted pursu/thisement at the initial to of sixty-eight dollars and 25 cents ($68.25) per hourmy, by the thirtieth r last day) of each month. ICHA shall reimburse DIA wf receipt of a tat ent /invoice. If ICHA denies any part of the invoiceovide DIA with ed re on for the denial and give DIA the opportunity to prstification. Duration: This greement shall be in full force and effect fro June 22, 2016 to June 21, 2017, unless terminated Tier in accordance with the Terminatio ection of this Agreement. The Agreement may be knewed for up to five years in increm is of one-year periods. ICHA and DIA shall meet at lea thirty (30) days prior to the expir ion of this Agreement to determine renewal and any modifi tions to the Agreement, incl ing but not limited to, funding. Legal or Administrative tity Created: No ne legal or administrative entity is created by this Agreement. Property: Nothing in this Agree ent shall b deemed to effect any change with respect to the ownership of the real or personal p perty o either party to this Agreement. Dispute Resolution: The parties to 's greement shall attempt to mediate disputes that arise under this Agreement by engaging They diation with a mutually agreed-upon mediator. Each party will bear fifty percent (50%) of a osts of such mediation. In the event the parties are unable to reach agreement during t medi 'on, the parties shall submit their dispute to binding arbitration as provided for in Iow Code sect n 679A.19. Filing and Recording: Copi of this Ageem t shall be filed with the Secretary of State before the Agreement shall be in fu force and effect, al ursuant to Iowa Code section 28E.8 Termination: Eith/ed to this Agreement ma\Mil ate this Agreement without cause by providing the other ritten notice of intent nate this Agreement, at least thirty (30) days prior to the intete of termination. Theshall specify the reasons for termination and shalvered by U.S. Certifieo either party. The andsigned hereby execute and enter into this teragency 28E agreement. Each signatory repre nts that he/she has been authorized in actor nce with state law to sign and bind the agency r esented. by A. Roberts, Director GeoPfFryin, InteriN City Manager DEPARTMENT OF INSPECTIONS AND APPEALS CITfY OF IOWA CITY \ cls s//d \ Date Apjtrowd By <;;i�� 6 -/-T% /C City Attorney's Office r =-� CITY OF IOWA CITY 3d MEMORANDUM Date: June 16, 2016 To: Geoff Fruin, Interim City Manager From: Steven J. Rackis, Housing Administrator Re: Renewal of the 28E Agreement between the Iowa Department of Inspections and Appeals (DIA) and the City of Iowa City. Introduction: The U.S. Department of Housing and Urban Development (HUD) is under a Presidential mandate to reduce income and rent errors in its rental housing assistance programs. The Improper Payments Information Act of 2002 (Public Law No: 107-300) further requires the annual measurement and reporting of erroneous federal payments. Background: When participants in the Housing Choice Voucher (HCV) and Public Housing programs do not report income and cause an overpayment of rental subsidy, HUD allows the Housing Authority to terminate assistance (HCV only), begin eviction proceedings (Public Housing only), enter into repayment agreements for the overpaid subsidy, pursue litigation to recover excess subsidies, or place the debt in the State of Iowa Income Offset program. HUD allows the Housing Authority to retain recovered excess subsidies. However, if the Housing Authority takes no action to recover excess subsidies, HUD requires the Housing Authority to return to HUD all amounts that constitute an overpayment of subsidy. Discussion of Solution: The DLA conducts fraud investigations for the Department of Human Services and other State of Iowa Agencies. If the DIA determines, in the course of their investigation, that parties being investigated are receiving Housing Assistance from State of Iowa Housing Authorities, the Housing Authority is added to the investigation and the initiating State Agency pays for the investigation. The Iowa City Housing Authority conducts the majority of investigations involving non -reporting of income. However, the scope and complexity of some investigations involving non -reporting of income are beyond the Housing Authority's investigative powers and resources. As a result, the Iowa City Housing Authority entered into a 28E Agreement with the DIA on November 17, 2006. This 28E Agreement authorizes the DIA to conduct HCV/Public Housing investigations initiated by the Iowa City Housing Authority. The existing 28E Agreement has expired and requires renewal. The terms of the 28E Agreement remain the same, with the exception that the hourly rate increased from $52.50/bour to $68.25/hour. The Iowa City Housing Authority participates in investigations conducted by the DIA approximately 3-5 times per year. The vast majority of these investigations are initiated by a State of Iowa Agency. A review of City of Iowa City and State of Iowa financial records from Fiscal Year 2011 — present show the Iowa City Housing Authority has not been billed for any investigations. Recommendation: Authorize the City Manager to sign the 28E Agreement between the DLA and the City of Iowa City. 3e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-206 RESOLUTION SETTING PUBLIC HEARING FOR JULY 5, 2016, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1109 5T" AVENUE. WHEREAS, the City constructed a modular house at 1109 50' Avenue and sold the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs, and Services (CITY STEPS); and WHEREAS, the City provided the previous owner with a $30,000 loan to help keep the home affordable; and WHEREAS, the previous owner was facing foreclosure, so the City bought the home back through a short sale; and WHEREAS, the home needed extensive rehabilitation, but is now ready to sell; and WHEREAS, the City has received an offer to purchase the home, which it has accepted contingent on Council approval; and WHEREAS, the amount of the sale will be $149,500 and the new buyer must be below 80% Area Median Income and agree to keep the property owner -occupied for twenty years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The CV Council does hereby declare its intent to convey a single family home located at 1109 5 Avenue, Iowa City, Iowa, also known as Parcel "G, Plat of Survey of Lot 1, and the east half of Lot 2, Block 44, Iowa City. 2. A public hearing on said proposal should be and is hereby set for July 5, 2016, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 16-206 Page 2 It was moved by Rotchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Passed and approved this 21st day of June , 2016. M#YOR .13 ATTEST: I J e• k'z. CITY'CLERK Approved by City Attorney's Office Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 16-207 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2016 LANDFILL GAS COLLECTION SYSTEM EXPANSION 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 2016 Landfill Gas Collection System Expansion Project account # L3327. 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 121h day of July, 2016. 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 19th day of July, 2016, or at a special meeting called for that purpose. Passed and approved this 21st day of June 20 16 M OR Apppprr ved by ATTEST: 4uti� 7 "'.�a CITY tLERK City Attorney's Office pwengVnastersVes appp&s.dX 6116 Resolution No. 16-207 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: M ABSTAIN: Dickens Botchway Cole Dickens Mims Taylor Thomas Throgmorton the