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HomeMy WebLinkAbout2017-03-07 ResolutionPrepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 17-61 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Caliente Night Club, Inc. — 171 Hwy 1 West Passed and approved this 7th day of /March 20 17 OR Approved by ATTES �. � �itca �fx�-� CITY CLE t ity Attorney's Office It was moved by___jo hway and seconded b Resolution be adopted, and upon roll call there were: AYES: NAYS: Dickens ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 4c(10) �r 4c(11) Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 17-62 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: The Club Car - 122 Wright St.. Passed and approved this 7th day of March' �J Zp 17 MAYOR Approved by i ATTRAC4Y CL ` City Attorney's Office It was moved by sotchway and seconded by Dickens 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 qa(l) Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5142 RESOLUTION NO. 17-63 RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #4 TO THE CONTRACT BETWEEN PORTZEN CONSTRUCTION INC. OF DUBUQUE, IA AND THE CITY OF IOWA CITY FOR EXTRA WORK ON THE 2016 WASHINGTON STREETSCAPE PROJECT. WHEREAS, the City entered into a contract on March 11, 2016 with Portzen Construction, Inc. of Dubuque, Iowa, for the construction of the 2016 Washington Streetscape Project; and WHEREAS, circumstances encountered during the construction of the project necessitated additional work beyond the original scope of the project as specified within the approved project plans and specifications; and WHEREAS, as a result of these changes in circumstances, staff has negotiated a change order that modifies the project scope, timeline and budget necessitating City Council approval in accordance with the Purchasing Policy; and WHEREAS, it is in the public interest to approve said negotiated change order with Portzen Construction Inc., and WHEREAS, the Finance Director has reviewed the change order; and WHEREAS, funds for this project are available in the Washington Streetscape account # S3938. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached change order hereto is in the public interest, and is approved as to form and content. 2. The Mayor is hereby authorized and directed to execute the attached Change order Passed and approved this 7th day of March 20_.LZ_. Lam, MA OR Approved by a '�r ATTEST�t' c. (.-� e/U/1-i,/U/1-i,1,-,47/U/1-i,1,-,47�/i�, /'CITY CLERKJ����- 0 City Attorney's Office p"ngMaslersTonsultAgWoc Resolution No. 17-63 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens Botchway Cole Dickens x Mims x Taylor x Thomas x Throgmorton the City of Iowa City, Iowa CHANGE OR EXTRA WORK ORDER Project: Washington Street Streetscape Project No: 4 Kind of Work: PCC Roadway To: Portzen Construction, Inc. You are hereby ordered to make the following changes from the plans or do the following extra work on your contract dated March 11, 2016. A. Description of change to be made or extra work to be done: Add Item "Wavfinding Kiosks": Item includes all labor, equipment and materials (including but not limited to cast stone base veneer, LED interior lighting and metal frame) necessary to complete the additional work to furnish and install three (3) wayfinding kiosks. The kiosks will be installed at the locations as specified within the plans and specifications. Add Item "Abandonment of the Vault located at 114 E. Washington Street': Item includes all labor, equipment and materials necessary to remove the top 12 -inches of the existing vault (Approximate dimensions of 8 ft X 14 ft X 10 ft deep) and fill with granular backfill. Granular backfill material shall be Class A crushed stone meeting Iowa Department of Transportation gradation #11. Add Item " 6 -inch Water Main Tapping Sleeve and Valve (supply only)': Item includes material costs only for supplying a 6 -inch water main tapping sleeve and valve. Add Item "10 -inch Dia. Water Main Gate Valve and Valve Box": Item includes all labor, equipment and materials necessary to the install a 10 -inch dia. water main gate valve and valve box. Add Item "Storm Sewer Intake, SW -508": Item includes all labor, equipment and materials necessary to install a storm sewer intake, SW - 508. Add Item "Sidewalk Pavement. PCC, 6 -inch, Finished, Sawcuts Per Plan": Item includes all labor, equipment and materials necessary to install 6 -inch sidewalk pavement with 30 -inch x 30 -inch square saw cuts and 1 -inch expansion joints at limits of paving. Add Item "Reolacement of the Vault Hatch at 109 E. Washington Street": Item includes all labor, equipment and materials necessary to remove and replace the existing vault hatch at 109 E. Washington Street. Modify Item #2.49 "Wiring and Conduit, 1 1/4" Conduit': Item has been included within this change order to increase plan quantity from 1,000 LF to 9,862 LF. Washington Street - CO#4(030217).doc Mar -17 B. Reason for ordering change or extra work: Add Item "Wavfinding Kiosks": The bid plans and specifications for the project only included the construction of the concrete foundation for the three kiosks with the intent of bidding the supply and installation of the kiosk as a separate project. Upon further analysis that occurred post bid, it was determined to include the kiosks into the project in order to not only expedite installation, but also to eliminate the potential for coordination concerns/issues between the two projects. Subsequent receiving bids for the project, a vault was discovered upon the removal of the existing sidewalk adjacent to 114 E. Washington Street. The partial removal and filling not only appropriately abandons the vault, but also provides adequate separation from the bottom of the proposed sidewalk. Add Item "6 -inch Water Main Tapping Sleeve and Valve (supoly only)': Materials for fire service lines located at 102 S. Clinton Street and 119,121,123 E. Washington Street were ordered as specified within the plans at the commencement of the project. During installation of the service line into 102 S. Clinton Street, it was discovered that the existing service line was 4 -inch in lieu of 6 -inch as specified. Additionally, the service line into 119,121,123 E. Washington Street was upsized to an 8 -inch in preparation for future development. Returning the unused 6 -inch tapping sleeves and valves would result in a restocking fee as this is not a standard stock item. In lieu of paying the restocking fee, the equipment was turned over to the City Water Division. Add Item "10 -inch Dia. Water Main Gate Valve and Valve Box": 10 -inch gate valves were added where the new 12 -inch water main connects to the existing 10 - inch water main. The benefit of adding the 10 -inch valves at the construction limits is that it allows the existing main to be shut off when the new main (future projects) is extended without impacting service to businesses/property owners. Add Item "Storm Sewer Intake, SW -508": Two of the three SW -508 intakes installed at the Washington Street and Linn Street intersection were shown on the plans, however a bid item for the work was not included. The third SW -508 intake was added on the west side of Linn Street at the southern project limits due to a drainage issue that was not identified in the project plans and specifications. Add Item "Sidewalk Pavement. PCC, 6 -inch, Finished, Sawcuts Per Plan": The colored concrete mockup panel that was prepared by the contractor (utilizing the specified color) was much lighter than anticipated. Factoring in the concerns of the design team with it fading and matching the uncolored concrete over time, it was decided to forgo the colored concrete, but continue with the sawcuts within the banding areas as per plan. This change order item will delete bid item #3.02 (Construct Sidewalk Pavement, PCC, 6- inches, Colored Concrete, Finished, Sawcuts Per Plan). Add Item "Replacement of the Vault Hatch at 109 E. Washington Street": The bid plans and specifications for the project included the protection of the existing vault hatch. The hatch was subsequently inspected during construction and determined to be in poor condition requiring removal and replacement. Modify Item #2.49 "Wiring and Conduit, 1 1/4" Conduit": Item quantity included with the plans and specifications was incorrect. The measured quantity was 9,862 LF while the plan quantity was 1,000 LF. Washington Street - CO#4(030217).doc Mar -17 C. Settlement of compensation for work to be made as follows: Add Item "WaVfinding Kiosks": $75,777.81 per LS for the installation of three (3) kiosks at the locations as specified within the plans and specifications. Add Item "Abandonment of the Vault located at 114 E. Washington Street": $1,600 per LS for the abandonment of the vault located at 114 E. Washington Street. Add Item "6 -inch Water Main Tapping Sleeve and Valve (supply only)': $1,375 per EA for supplying a 6 -inch tapping sleeve and valve. With the addition of two tapping sleeves and valves, the overall added cost to the project is $2,750. Add Item "10 -inch Dia. Water Main Gate Valve and Valve Box": $2,500 per each 10 -inch diameter water main gate valve and valve box installed. With the addition of two (2) valves, the overall added cost to the project is $5,000. Add Item "Storm Sewer Intake. SW -508": $4,900 per each storm sewer intake, SW -508 installed. With the addition of three intakes, the overall added cost to the project is $14,700. Add Item "Sidewalk Pavement, PCC, 6 -inch, Finished, Sawcuts Per Plan": $6.75 per square foot of sidewalk pavement, PCC, 6 -inch, finished, sawcuts per plan installed. The overall cost deduction to the project (based upon current quantities) is $2,943.50. Add Item "Replacement of the Vault Hatch at 109 E. Washington Street': $3,255 per LS for the removal and replacement of the vault hatch located at 109 E. Washington Street. The cost for the aforementioned work is shared equally (50%/50%) between the City and the property owner per the signed agreement. Modify Item #2.49 "Wiring and Conduit. 1 1/4' Conduit": $11.00 per lineal foot (bid price) for 1 1/4" conduit installed. The added cost to the project is $97,482.00 Below is a tabulated summary of the additional costs: ITEM UNIT UNIT PRICE QUANTITY TOTAL Wayfinding Kiosks LS $75,777.81 1 $75,777.81 Abandonment of the Vault located at LS $1,600.00 1 $1,600.00 114 E. Washington Street 6 -inch Water Main Tapping Sleeve and EA $1,375.00 2 $2,750.00 Valve (Supply Only) 10 -inch Dia. Water Main Gate Valve EA $2,500.00 2 $5,000.00 and Valve Box Storm Sewer Intake, SW -508 EA $4,900.00 3 $14,700.00 Sidewalk Pavement, PCC, 6 -inch, SF $6.75 5,887 $39,737.25 Finished, Sawcuts Per Plan Delete item 3.02 Construct Sidewalk Pavement, PCC, 6 -inches, Colored SF $7.25 5,887 ($42,680.75) Concrete, Finished, Sawcuts per Plan Replacement of the Vault Hatch at 109 LS $3,255.00 1 $3,255.00 E. Washington Street Item #2.49 - Wiring and Conduit, 1 1/4" LF $11.00 8,862 $97,482.00 Conduit Installed TOTAL $197,621.31 Washington Street - CO#4(030217).doc Mar -17 D. Adjustments to contract schedule: The substantial completion date for phase 2 along with the final completion date will be extended by two (2) days for the additional SW -508 intake that was added on the west side of Linn Street at the southern project limits. With this change, the Phase 2 substantial completion date is October 2"d 2016 and the final completion date is October 23rd, 2016. All other items with�inf this/change order do not have an effect on the contract time. 77010 Date: V2&;> Project Inspector 'may Approved: F, 'k"— Date: 312-117 Project Engineer Approved: L d� Date: S12-11-7 ity Engineer Receipt is acknowledged of this change or extra work order and terms of settlement are hereby agreed to. Portzen Construction Contractor 0 -WCC 092� Date: 3/2/17 City of Iowa City Approval: Washington Street - CO#4(030217).doc Mar -17 Date: March 7, 2017 'r 1 CITY OF IOWA CIT4d(1) -^�� COUNCIL ACTION REPORT March 7. 2017 Resolution authorizing the Mayor to sign change order #4 to the contract between Portzen Construction Inc. of Dubuque, IA and the City of Iowa City for extra work on the 2016 Washington Streetscape Project Prepared By: Scott Sovers — Senior Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: The total cost of the extra work is $197,621.31. Funding will be via General Obligation Bonds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Change Order #4 Executive Summary: Circumstances encountered during the construction of the 2016 Washington Streetscape Project necessitated additional work beyond the original scope of the project. Because of these changes, staff has negotiated change order #4 in the amount of $197,621.31, which modifies the project scope, timeline and contract cost. The overall budget for the project is $5,282,000. The Purchasing policy (updated November 14, 2016) requires any construction contract changes $150,000 or greater to be approved through the City Council. Background / Analysis: The following is a brief explanation of the eight (8) extra work items that are included within change order #4: 1) Wayfinding Kiosks — The bid plans and specifications for the project included the construction of the kiosk foundations only. This item incorporates the supply and installation of the three kiosks at the plan locations, which were originally intended to be supplied/installed on a separate project. 2) Abandonment of the Vault located at 114 E. Washington Street — An unknown vault was discovered upon the removal of the existing sidewalk. The property owner elected to have the vault abandoned at 100% City cost, similar to other vaults abandoned within the project. 3) 6 -inch Water Main Tapping Sleeve and Valve (supply only) —Due to changed conditions, this equipment could not be used on the project. In lieu of paying a restocking fee, it was turned over to the Water Division for use on future repairs. 4) 10 -inch Dia. Water Main Gate Valve and Valve Box — Additional valves were added to the Dubuque Street water main to reduce service disruption to businesses/property owners when new main is extended on future projects. 5) Storm Sewer Intake, SW -508 — Intakes at the Washington Street and Linn Street intersection were shown on the plans, however a bid item for the work was not included. This adds an item for the work completed. 6) Sidewalk Pavement, PCC, 6 -inch, Finished, Sawcuts Per Plan — The original plan was to include decorative colored concrete bands within the sidewalk at each light pole. The colored concrete mockup panel prepared by the contractor was much lighter than anticipated. The design team elected to forgo the colored concrete, but continue with the sawcuts within the banding areas. This item replaces the original bid item, to eliminate the coloring. 7) Replacement of the Vault Hatch at 109 E. Washington Street — The bid plans and specifications for the project included the protection of the existing vault hatch. The hatch was subsequently inspected during construction and determined to be in poor condition, requiring removal and replacement. 8) Item #2.49 Wiring and Conduit, 1 %" Conduit — Item quantity included in the plans and specifications was incorrect. The conduits were installed according to the plans and the measured quantity was 9,862 LF while the plan quantity was 1,000 LF. Below is a summary of the current project costs: Original Contract Cost: $4,345,358.85 Approved Contract Amendments (Change Orders #1-3): $705,454.93 Change Order #4: $197,621.31 Credits for unused contract items ($774,928.85) Revised Contract Total (to date): $4,473,506.24 +4( Prepared by: Juli Seydell Johnson, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 17-64 RESOLUTION AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF NATURAL RESOURCES TO SEEK LAND AND WATER CONSERVATION FUND FINANCIAL ASSISTANCE FROM THE NATIONAL PARK SERVICE FOR THE CONSTRUCTION OF A NATURE PLAY AND DISCOVERY AREA AT THE RIVERFRONT CROSSINGS PARK WHEREAS, the City of Iowa City is interested in developing the Riverfront Crossing Nature Playground located in the Riverfront Crossings Park for the enjoyment of the residents of Iowa City and the State of Iowa, WHEREAS, the City desires to apply for up to $157,294, or 50% of the total estimated project cost of $314,588.00, in funding assistance through the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance for the acquisition or development of said outdoor recreational facilities, NOW, THEREFORE, be it resolved by the City Council of Iowa City that the project described above be authorized, AND, be it further resolved that said City of Iowa City make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park service in the amount of 50% of the actual cost of the project, AND, be it further resolved that said City Council certifies to the following: 1. That it will accept the terms and conditions set forth in the NPS Grants -in -Aid Manual and which will be a part of the Project Agreement for any grant awarded under the proposal. 2. That it is in complete accord with the proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of the City of Iowa City for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88- 352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Iowa City City Council at a legal meeting held on this 7"Day of March, 2017. Resolution No. 17-64 Page 2 Passed and approved this 7th day of march , 20 17 MAYOR Approved by ATTEST '-z c.rbz_ ITY CLERK It was moved by sotchway and seconded by adopted, and upon roll call there were: AYES: NAYS: 'Elim, ; 01 —1 City Attorney's Office Dickens the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CIT'"Trrr COUNCIL ACTION RPM r - March 7, 2017 Resolution approving application to the Iowa Department of Natural Resources for a $157,300 grant from the Land and Water Conservation Fund for a Nature Play Area at Riverfront Crossings Park Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: The estimated cost for the Play Area is $314,600. The City's $157,300 match is available from the Riverfront Crossings Park Project funds. Recommendations: Staff: Approval Commission: N/A Attachments: Riverfront Crossing Map, Nature Play Area Rendering, Resolution Executive Summary: The Land and Water Conservation grant program through the Iowa Department of Natural Resources provides Federal assistance for the purpose of acquisition and/or development of land for outdoor recreation. Funds are provided in the form of 50% reimbursement grants through a competitive application process. Applications are due March 15, 2017. Background / Analysis: Phase 1 of the Riverfront Crossing Park, 1001 S. Clinton, is currently in design with anticipated construction during fall, 2017. This grant would provide for the additional development of .75 acre nature play area along Ralston Creek in the northeast section of the park. The nature play area was designed incorporating public input received during the master plan process. The play area will provide outdoor recreation for children and families through nature -based play spaces which teach and interpret the environmental and historical context of the Iowa City area. Very few traditional playground structures will be in the area. The ground will be sculpted to provide natural slides, access to water, climbing on timbers and other play spaces incorporating Artful Rainwater concepts into the design. 4 CONFLUENCE • PIRG • ROHRBACH ASSOCIATES PC RFX-NATURE PLAY Model Images -'"Qrjft#w� -ap 1 1 fA OL • s■ U 4. C? c u: Q z LD cc m r O Q • v • w U Z w J LL Z U �� c l- a ,c .—y-• � .iii. s-�-vy–ssa�.A_ �l-__.me xmhl , 1401 s. CONFLUENCE • 'i 1�, , 0 POHRBACH ASSOCIATES PC e .........�. _.,.gyp _ �. i.rrr UBld Abid 31jnl N XJkJ ®`FB A LLL v�^ Prepared by: Juli Seydell Johnson, Director of Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240. (319)3565104 RESOLUTION NO. 17-65 RESOLUTION ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS AND RESCINDING RESOLUTION NO. 09-239. WHEREAS, Section 10-7-2 of the City Code provides for the establishment of regulations governing the operation of Oakland Cemetery by resolution; and WHEREAS, the City Council of Iowa City last adopted such regulations by schedules by Resolution No. 09-239; and WHEREAS, it is in the public interest to revise said regulations shown on the attachment entitled "Oakland Cemetery Regulations." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that; 1. Resolution No. 09-239 is rescinded. 2. The attached "Oakland Cemetery Regulations" governing the operation of Oakland Cemetery is hereby adopted. Passed and approved this 7th day of March , 2017. MA OR ATTEST CITY CLERK Approved by � 3 -d, I � City Attorney's Office Resolution No. Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims x Taylor x Thomas x Tbrogmorton OAKLAND CEMETERY REGULATIONS Purchase of Lots Persons desiring to purchase a lot or niche in Oakland Cemetery are referred to the cemetery staff. Following the selection of a lot or niche, the prospective buyer will need to pay for said lot/niche in full by either cash or check. The purchaser will be given a receipt for the transaction. The cemetery staff will take all funds and lot sale information to the City Clerk to have the deed issued, recorded and mailed to the purchaser. Cemetery deeds will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased when there are no living relatives. At the time of need, the cemetery must be fully paid prior to the opening of the grave or niche. Ownership Rights The term "lot owner" or 'ownership" shall be defined as the right to use a lot or niche, or part of a lot, as purchased from the City for burial purposes only, and under the existing and subsequent rules and regulations as prescribed by the City for such use. Lots or fractional lots, for which the City has issued lot deeds, will not thereafter be divided except by consent of the City. All lots and niches are exempt from taxation and cannot be seized for debt (except those owed to the Cemetery) nor can they be mortgaged. The City shall have the right to assume, at all times, that the lot/niche owner acquired the lot/niche for the interment of herself/himself and family members. Unless otherwise directed in writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the interment of family members at the request of any interested person upon the proof of eligibility for burial as follows: a. The surviving spouse of the lot/niche owner shall have the first right to interment or to direct the right of interment. b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing, determine who among them shall have the right of interment or direction of interment, which agreement shall be notarized and filed with the City Clerk. C. In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need. The City Clerk shall notify the Cemetery personnel of any changes in deed recording. All burial rights in Cemetery lots/niches purchased from the City occupy the same position as real estate at the death of the owner. Only persons whose names appear on the Cemetery records of the City will be recognized as owners or part owners of lots/niches. In the case of the will, a certified copy of the will shall be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot/niche owner left no will, satisfactory proof of descent shall be presented. The title of a Cemetery lot/niche invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Rules and Regulations. Lot/niche owners may not resell or transfer their lots/niches or parts of lots to anyone whomsoever. Transfer may be made only to the owner's spouse or children by the surrender of the original deed and issuance of a new deed by the City to the new owners of lots/niches or parts of lots so transferred. Lot/niche owners desiring to dispose of lots/niche(s) or parts of lots, may upon surrender of the original deeds, sell the lots/niche(s) or part of lots, back to the City for a price not to exceed the original purchase price of the lot/niche. Niches cannot be repurchased if any engraving has been done. Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further the Cemetery beautification plan. Interment The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify the Cemetery staff. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, Cemetery staff will locate the exact site and determine the earliest possible time a service can be held. When definite information for locating the gravesite is not available, the Cemetery staff will exercise its best judgment in making the location. The Cemetery assumes no responsibility for any error in such a location. If a burial permit is required by the Code of Iowa, Chapter 144.32, no burial will be allowed until a burial permit is provided to the Cemetery staff. A charge for opening and closing the grave or niche, as well as the sodding or seeding of the grave, will be made at a current rate set by the City. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. The account becomes due upon receipt of a statement issued by the City of Iowa City. Individuals, who make the arrangements, if not a funeral director, must make payment prior to the grave or niche opening. Graves shall be dug by Cemetery staff and shall conform to all applicable state laws. Only Cemetery staff shall open niches. A member of the Cemetery staff shall be present at every interment or service. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Board of Health. If a permanent type of outer container is not used for the interment, a special charge will be levied to cover the extra maintenance required. Said special charge is listed in the Schedule of Rates and Charges. In areas of Oakland Cemetery established prior to January 1, 2000, the minimum container used for the interment of an adult body shall be an enclosed container with a bottom strong enough to support the weight of the body when lifting at each end. Full body interments made in areas established after January 1, 2000 require a permanent -type container of concrete or other approved material. The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one full body grave space purchased prior to July 1, 1991 is regulated only by space. Full body adult graves purchased after June 30, 1991 are limited to a maximum of four cremated remains each and only if planned in advance. In all cases, multiple interments and/or cremated remains, marker regulations must be observed. Interments requiring special consideration(s) of utilizing equipment not normally available to the Cemetery staff could be provided upon request. Adequate time must be allowed for preparation. Fees and charges must reflect the cost of the extra equipment, time and materials. Such practices must be arranged by advance notification. In addition to interment of cremated remains on family lots, there are two areas available for the interment of single cremated remains and a columbarium for the interment of single cremated remains. Locations and size restrictions can be obtained from Cemetery staff. Exceptions to allowing one cremated remains to a single space or niche will be made only in case of a parent and infant or two children interred at the same time. Only one urn may be placed in a niche. Cremated remains must be interred or inurned and may not be distributed into the atmosphere. Single burial spaces for infants/babies are available in two areas - Babyland with 2' x 4' spaces and Innocence with 2.5'x 4.5' spaces. No interments of a body other than that of a human being will be permitted. Should weather become a factor, or when several burials occur in a one (1) or two (2) day period, the Cemetery staff shall schedule interments, working in close cooperation with the funeral directors. To avoid conflict, it will be necessary to honor service communications from the funeral directors according to the time received. Whenever possible, interments will be scheduled to enter Oakland Cemetery no later than 3:00 p.m. Monday through Saturday. Interments that require work being done other than during regular work hours Monday through Friday will be charged extra at the current overtime rate for actual time spent. Interment normally will not be scheduled on Sunday or an official City holiday. Removal (Disinterment) Removals of bodies from graves in Oakland Cemetery will be done only by the City, in accordance with the requirements or the statutes of the State and the rules of the State Board of Health. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. The minimum charge will be equal to twice the current charge for opening a grave of similar size. Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver it to the Cemetery staff. Public Lots Grandview Addition, Lots 60 through 70 and Lots 77 through 78 and Valleyview Lots 53 through 78 and Lots 131 through 156 have now been designated as a burial ground for those persons for whom no other place is provided. The graves will normally be dug in sequence and in an orderly fashion except in the case of a requested reservation of a space for a spouse or sibling(s). The requested reservation shall be made in writing and must be renewed annually. If the person being interred in the reserved space doesn't meet welfare requirements, the space must be purchased at the current rate and the full interment charge must be paid. The Cemetery staff shall record all interments. The west one-fourth (W 1/4) of block thirteen (13) of Oakland Cemetery and any additional space that may be required shall be designated as burial ground for any soldier who died in the service of his/her country and the same is hereby dedicated to all members of the Armed Forces. If no funds are available for the interment of the deceased either from the estate of the deceased or from other private sources, the City of Iowa City will bill the funeral director or person(s) making arrangements for payment of services rendered by Oakland Cemetery. Said billing shall ask that the City of Iowa City be paid for its service to the fullest amount or by not less than 33 1/3% of all available funds. All available funds are the total funds available from Federal agencies, State agencies, County agencies and other private sources. Stone and Monument Work Monument dealers and the purchasers are encouraged to contact the Cemetery office prior to ordering a monument to check on monument restrictions. 13 The City of Iowa City does not engage in stone or monument installation or repair; however, all stone and monument work within Oakland Cemetery shall be subject to the following regulations and requirements: All monuments must either be flush with the ground or be at least four inches (4") in height. The base for all -flush monuments or upright markers must correspond as closely as possible to the contour of the existing soil surface. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the Cemetery maintenance equipment. Monuments and/or foundations may not be wider than 65% of the width of the space or spaces and may not be more than 24" from the front to back. Monuments may not be larger than the base. By request, exceptions may be made on larger lots in areas of the Cemetery that were established prior to 1974 or in areas of the 2001 expansion that will not interfere with the opening of graves or the movement of equipment. Polished bases or monuments polished to the ground are not recommended, and the City of Iowa City or its employees assume no liability for the actual damages in the performance of normal maintenance operations. The setting of monuments and the transportation of all tools, materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Cemetery management. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the Cemetery except soil. Excess soil must either be removed from the Cemetery or may be placed in the Cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots. Heavy trucking will not be permitted within the Cemetery when, in the opinion of the Cemetery management, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular Cemetery hours of operation, Monday through Friday, unless by special permission from the Cemetery management. The local climate is such that marble is not recommended as a suitable material for monument use. Granite is a much more durable stone. Bronze is an acceptable material. Cemetery management prior to installation must approve other material. Only those lot pins set by the City of Iowa City are allowed in areas where lots/spaces are pinned individually. Stone work or monuments of any sort, once established in Oakland Cemetery, may not be removed except by permission of the Cemetery management. Details concerning monument restrictions for specific areas of Oakland Cemetery are found in Individual Lot Restrictions. Vaults and Mausoleums Vaults or mausoleums are not permitted on lots less than 400 square feet and the portion of the lot occupied by the building shall not exceed 25%. In no case will permission be given to set the building nearer to the lot line than five (5) feet. Where the vault or mausoleum exceeds five (5) feet in height, the setback shall be five (5) feet plus one (1) foot for each additional foot or fraction thereof. All applications for permits to erect such structures shall be made in writing to the Cemetery management. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such an application, and the approval of the City of Iowa City shall be obtained before any construction work is begun. The City of Iowa City reserves the right to prohibit the erection or any structure that is not considered to be safe, suitable, desirable or appropriate. Before any vault or mausoleum may be erected, the lot owner shall pay the City an amount of not less than ten percent (10%) of the cost of the structure. Check is to be made payable to the City of Iowa City and submitted to the Finance Department, and will be used by the City for the future care and maintenance of the structure and grounds. Vaults and mausoleums may be placed only on such lots considered to be appropriate for said purpose by the Cemetery management. Maintenance Practices Oakland Cemetery, a non -perpetual care cemetery, assumes all responsibility for the maintenance of all lots that have been sold or will be sold. All monies previously collected for perpetual care will be held in a separate trust and interest therefrom will be used to maintain graves deeded under perpetual care. Landscaping and maintenance of the Cemetery, including all lots therein, shall be under the direction of the Cemetery staff. Permission for all permanent plantings must be acquired from the Cemetery staff. Permanent plantings that are planted without permission may be removed without notice. Generally, it will not be possible to locate evergreen or shrub plantings directly on the gravesite. In most cases, a nearby location will be designated as part of a group planting to enhance the entire area. Existing individual lot plantings may be trimmed or removed by the Cemetery staff when they have become unsightly or unmanageable. Individual plantings so removed may be replanted as a part of a group planting. ri No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the Cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition. Live flowers in plastic or paper mache' containers are most welcome and may be used at all times. Annuals or perennials planted on the graves must be limited to a small area directly next to the monument and must be mulched and tended by the planter. Plantings must be kept weed and grass free, and those that are not tended and become unsightly shall be removed without notice by Cemetery staff. Plantings must be on the respective lot and not extend more then 12" from the monument. The Cemetery staff assumes no responsibility for the preservation, maintenance, or protection of any type of grave decoration. Plants that must be removed for grave opening will be set to the side and are the planter's responsibility to replant. Placement of funeral or special anniversary flowers will be allowed for a period of approximately five days; after this period, they will be removed. Notification of placement of special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artificial flowers, and holiday decorations may be used any time between November 15 to the end of February and for a period of four (4) days before and five (5) days after Memorial Day. After that period, if not claimed, they will be removed from the site. The Cemetery staff assumes no responsibility for lost or stolen articles. The use of flags and emblems may be used for a period of four (4) days before and five (5) days following Memorial Day, but they will be removed and stored, without responsibility for preservation, if still in place on the sixth day following Memorial Day. All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the Cemetery staff without notice. Shepherd's crooks are permitted, but when used they must be placed directly next to the side of the monument with the crook over the monument. All paintings or decorations placed on the crook must comply with all Cemetery decoration rules. Exceptions may be made in Babyland and Innocence sections if approved by the Cemetery management. The City of Iowa City reserves the right for its staff and other persons to enter upon or cross over any lot in the Cemetery when deemed necessary to the performance of normal Cemetery operation. The City of Iowa City reserves the right to move monuments for the purpose of machine digging graves. The City of Iowa City assumes the responsibility for resetting the monument in a timely manner. The City of Iowa City or its employees assume no responsibility for actual damages or mental anguish in the performance of its normal operation, or loss by vandalism or other acts beyond its reasonable control. 7 The lot owner should feel free to consult with the Cemetery staff regarding any item or clarification of the rules and regulations at any time. Rules for Visitors Visiting hours for the Cemetery are from 7:30 a.m. to 9:00 p.m. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the Cemetery. The use of materials such as are necessary to produce the art form known as rubbings or tracings are prohibited on any monument, stone or statuary within the boundary of Oakland Cemetery. Controlled use permits are required for all special projects or groups entering the Cemetery for purposes other than attending funeral services or a grave visitation. Special use permits are available at the Cemetery office or on the City of Iowa City web page at www.icgov.org. Arrangements must be made well in advance of need. Filming or videotaping of funeral proceedings is not allowed without permission from the immediate family. Brown Street is designated as the entrance and exit for vehicles in Oakland Cemetery. Vehicles traveling within the Cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed ten (10) miles per hour. Drivers should be aware at all times of the City's right to alter, change or close alleyways, roadways, and other physical properties of the Cemetery. Firearms will be allowed inside the Cemetery only for use at military funerals. Special permission must be obtained in advance from the Cemetery Superintendent. Individual Lot Restrictions Graceland, lots 1-281, Grandview, Prospect Hill, Fernland, Fairview and all numbered block sections, except for lots numbered above 92 in block 9 and 108 in block 29, are designated as having unrestricted monument privileges that permit the installation of both family monuments and individual grave monuments where the lot area is of sufficient size. The monument must be placed on solid ground and shall not interfere with future grave openings or the movement of Cemetery maintenance equipment. On Graceland Drive, the monument must be on the west for lots 1-110 and lots 160-208. The monument must be on the east for lots 111-159. Additional monuments, if used, must be flush with the contour of the existing ground. Glenview, Cedarview, Sunny Slope, and lots numbered above 92 in block 9 and 108 in block 29 have flush monuments. Only one monument per grave or a double monument, as for husband and wife, for two adjoining graves is permitted. 0 Innocence (an infant/baby area) monuments are restricted to 65% of the width of the space, or 20 inches, and may not be more than 10 inches from front to back. The monument must be placed at the west end of the lot and placed flush with the contour of the existing soil. Babyland monuments are restricted to 65% of the width of the space, or 15.6 inches, and may not be more than 9 inches from front to back. The monument must be placed at the west end of the lot. The monument must be on the west end of all lots in Rose Hill, Oak Green, and Graceland lots 282-331. Foot stones, if used, must be flush with the contour of the existing soil. Foot stones may be placed at any time on lots that are 12 feet long, but may be placed after burial only on lots that are 10 feet long. Oak Ridge, lots 1-94 and 285-380: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 95-188 and 381-466: monuments must be placed at the north end of the lot. Lots 189-284: monuments must be placed at the south end of the lot. Sunrise: Lots 1-39, 105-126, 160-172 and 192-198: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 40-78, 127-144, 173- 182, and 199-204: monuments must be placed at the south end of the lot. Lots 79-104, 145-159 and 183-191: monuments must be placed at the north end of the lot. In Deerview: all monuments must be flush with the contour of the ground and must be placed at the west end of the lot. Forrest Lawn: lots 1-26, 53-80, 129-137, and 162-174: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 109-118, and 138-146: monuments must be placed at the north end of the lot. Lots 27-52, 81-108, 119-128 and 147- 161: monuments must be placed at the south end of the lot. In Oakview: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Valleyview: lots 27-78, 131-156, 209-236, 284-302, 341-359 and 398-416: monuments must be flush with the contour of the ground and must be at the west end of the lot. Lots 1-62, 105-130, 183-208, 303-321, 360-378 and 417-435: monuments must be placed at the west end of the lot. Lots 79-104, 157-182, 237-283, 322-340 and 379-397: monuments must be placed at the east end of the lot. Hickoryview: lots 44-85, 166-203, 275-305, 347-356, 380-397, 416-440, 490-514, 569- 598, 654-677, 722-740 and 774-788: monuments must be flush with the contour of the ground and must be placed at the west end of the lot. Lots 1-43, 127-165, 241-274, 327-347, 398-415, 441-464, 515-540, 599-628, 678-699, 741-757 and 789-803: monuments must be placed at the west end of the lot. Lots 86-126, 204-240, 306-326, 357-362, 365-379, 456-489, 541-568, 629- W 653, 700-721 and 758-773: monuments must be placed at the east end of the lot. Lots 363 and 364: monuments must be flush with the contour of the ground and must be placed at the east end of the lot. Forestview and Cherish Columbarium: the City reserves the right to approve the design and lettering of any niche face or bud vase. The face of a niche is 12" by 12". All engraving, inscription, lettering, symbols, insignias, etc. are to be cut into the polished face. No coloring or highlighting is allowed. The lettering for the name and dates shall be #9 Condensed Roman. Additional sayings must be #20 Vennarco. Attachments are limited to one small bud vase for cut flowers in the mowing season and artificial when allowed (see maintenance section of rules). No temporary attachments such as tape, wire, string or stickers are allowed. All bud vases shall be of the same style, size and color. Bud vases must be mounted on the right side of the niche and the decorations may not encroach on adjoining niches. Fees and Payments The payment of fees and charges is due when billed by the City. Fees, rates and charges shall be specified herein or as established by the City Council. Revised: 3117 10 r CITY OF IOWA CIT"m -- -�rCOUNCIL ACTION REPORT=`= March 7, 2017 Resolution adopting regulations for Oakland Cemetery regarding the rights of lot owners, maintenance practices and rules for visitors and rescinding Resolution No. 09-239. Prepared By: Russell Buffington, Cemetery Supervisor Reviewed By: Juli Seydell Johnson, Director of Parks & Recreation Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, 2017 Oakland Cemetery Regulations Executive Summary: This resolution approves an update to the Oakland Cemetery Regulations. These regulations were last updated in 2009 in Resolution No. 09-239. Updates include changing the type of monument allowed in the Forestview section, adding 26 additional lots to the Oak Ridge section, and removing a provision to sell memorial wall spaces in the Deeded Body area (wall not constructed after discussions with the University of Iowa). Background / Analysis: Proposed changes to the Oakland Cemetery Regulations are recommended by staff due to resident requests and changes in cemetery operations. q d (q) Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240,(319)356-5145 RESOLUTION NO. 17-66 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 21, 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WETHERBY PARK IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Parks Maintenance Fund account # R4342. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21 st day of March, 2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th day of march / _,20 17 t MOOR Approved by ATTEST - J� Gc'� Lc �z ll -�1 w a bitpuTy a75' ITY, C, ERK City Attorney's Office 3I, �� 7 pwengVnasterslsetph.doc 1/11 Resolution No. 17-66 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CIT; 4� COUNCIL ACTION REPOR- March 7. 2017 Resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Wetherby Park Improvement 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. Prepared By: Juli Seydell Johnson, Parks & Recreation Director Reviewed By: Dave Panos — Senior Civil Engineer Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: The estimated cost for this project is $166,235 and will be funded with $75,000 from a Wellmark grant and $91,235 for CDBG funds. Recommendations: Staff: Approval Commission: Park Commission reviewed project and recommended approval on October 12, 2016 Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Wetherby Park Improvement Project 2017. Background /Analysis: A need for additional recreation opportunities was identified for the Wetherby Park area. A community meeting was held at the park to determine project priorities. The interest of neighborhood youth and adults was the addition of a new multi-purpose sport court which includes basketball and futsal (a form of soccer played on hard surface). Staff applied for and received a $75,000 Wellmark grant. Project Timeline: Set Public Hearing — March 7, 2017 Hold Public Hearing — March 21, 2017 Bid Letting —April 12, 2017 Award Date — April 18, 2017 Construction Start — May 1, 2017 Llecl) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 17-67 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 21, 2017, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1025 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1025 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1025 East Burlington Street for the principal sum of $195,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1025 East Burlington Street, Iowa City, Iowa, also known as part of Lots 3 and 22, and part of the alley on the west side of the lots, in Kauffman's Addition in Iowa City, Iowa, for the sum of $195,000. 2. A public hearing on said proposal should be and is hereby set for March 21, 2017, 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. 17-67 Page 2 It was moved by sotchway and seconded by Dickens 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 7th day of march '2017. Approved by City Attorney's Office MA OR ' ATTESfi•� c', v - CITY CLERK ) r' CITY OF IOWA C I Tw`Mr4r- ^ � COUNCIL ACTION REPO 4f�r= March 7, 2017 Sale of UniverCity Neighborhood Partnership home at 1025 E. Burlington Street Prepared By: Lucy Joseph, NDS Code Enforcement Specialist Reviewed By: Tracy Hightshoe, Neighborhood Services Coordinator Geoff Fruin, City Manager Fiscal Impact: The assessed value of 1025 E. Burlington St. at the time of purchase was $159,550 and the sale price is $195,000. There will be no impact on the General Fund for ongoing operating expenses Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: On March 21, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 1025 E. Burlington St. as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, this will be the 57`h home sold through this program. Background / Analysis: Under the UniverCity Neighborhood Partnership, the City proposes to sell 1025 E. Burlington St. for $195,000. City funds were used to rehabilitate and sell the home as a single-family owner occupied home to an income -eligible buyer. Renovations included a new roof, gutters, repairing and painting of siding, opening of the enclosed porch, new windows, new drywall and insulation, newly refinished and repainted walls on the lower level, new light fixtures, installation of new high efficiency furnace and central air system and a new water heater. The cost of renovations is not included in the sale price and will be forgiven after the homeowner has lived there for five years. The home must also be owner -occupied for 20 years. This turn -of -the -century house has 1,474 square feet of living space, beautiful woodwork, and hard wood floors. The home includes three bedrooms, one bathroom, garage and large backyard. To assist with the sale of 1025 E. Burlington a realtor was hired. The home was completed in November of 2016, but no qualified applicants made an offer. The price was lowered to enable a sale and reduce further carrying costs to the City. No downpayment assistance will be offered to the buyers. This home is located on a street where there are many rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 1025 E. Burlington St. as part of the UniverCity Neighborhood Partnership program. 'r CITY OF IOWA CITY N-^COUNCIL ACTION REPORT 1025 E. Burlington St. — before renovations 1025 E. Burlington St. — after renovations tje(2) Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 17-68 RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 21, 2017 ON THE PROPOSED RATE CHANGES FOR SOME SOLID WASTE DISPOSAL FEES. WHEREAS, the City of Iowa City proposes to amend some of the fees for solid waste disposal, including refuse, landfill, recycling, and restructuring the yard waste pickup system; and WHEREAS, the landfill amendments include an increase to the minimum charge for garbage brought to the landfill by customers, an increase in the fee for tire disposal, an increase in the rate for disposal of electronic waste, and the creation of a warning and fine for bringing uncovered/unsecured loads of garbage to the landfill; and WHEREAS, the refuse amendments include an increase in the household solid waste fee, including electronic waste; and WHEREAS, the curbside recycling amendment increases the recycling fee; and WHEREAS, the yard waste amendment replaces the $25.00 annual sticker and/or $1.25 per bag fee with a $2.00 monthly fee, which will include food waste for composting; and WHEREAS, the effective date for all referenced amendments will be July 1, 2017, except for the yard waste fee, which will be effective January 1, 2018; and WHEREAS, some of the changes are to city utilities, the amendment of which requires notice and public hearing be provided to the public prior to enactment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing is hereby set for 7:00 p.m. on March 21, 2017, to be held in the Emma J. Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is canceled at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 7th day of March , 2017. M OR Attar£ 2 �,_e l 7 Gil' C �_ / CITY CLERK/-),r-5,1,t:ft'._ () App ved by City Attorney's Office Resolution No. 17-68 Page 3 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens x Mims x Taylor x Thomas x Throgmorton i t 1 CITY O F IOWA C I T`b�'a7- ' '�1 COUNCIL ACTION REPOR-� March 7, 2017 Resolution setting a public hearing amending Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties for proposed changes to Solid Waste Disposal Fees Prepared By: Chris O'Brien, Director of Transportation & Resource Management Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Proposed ordinance results in the change of several fees within the solid waste collection service and landfill operations.. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution sets a public hearing on the amendment of solid waste disposal rate changes. The proposed changes to solid waste disposal rates will establish a more sustainable funding model and create a funding mechanism for new programs. The proposed ordinance amendment will adjust monthly refuse and recycling collection fees by $0.20 and $1.00 respectively, while also establishing a monthly yard waste fee per dwelling unit of $2.00. Fees for additional refuse bags will increase to $2.50 per bag. Collection fees for TVs and monitors will be set at $18.50 for each unit 18 inches or less and $23.50 for each unit over 18 inches. Fees at the Landfill will increase for disposal of TVs and monitors to $12.00 for each unit less than 18 inches and $17.00 for each unit over 18 inches. The fee for small electronics will increase to $3.00 per unit. Tire disposal fees at the landfill will increase to $0.15 per pound. The minimum tipping fee at the landfill will increase to $6.50 for Iowa City premises subject to property tax and city owned property and $7.00 for all other solid waste. Lastly, a fee will be established charging $50.00 per occurrence for vehicles arriving at the landfill with an unsecured load after allowing for a $0 warning for the first violation. All of these amendments would be effective July 1, 2017, except the yard waste collection fees, which would be effective January 1, 2018. Background / Analysis: As a part of the FY2018 budget process, solid waste collection and landfill fees were evaluated to determine if any adjustments were required in order to ensure coverage of both operational expenses as well as upcoming capital projects. Several areas were noted as requiring fee adjustments to account for the increasing costs of providing solid waste collection, recycling and landfilling services. The costs to the landfill for processing electronic waste has steadily increased over the last few years. This has resulted in a proposal to increase the fees charged to cover the costs we incur to collect and process electronic waste. Landfill fees are proposed to increase from $2.00 to $3.00 per unit for small electronics, from $10.00 to $12.00 per unit for TVs and monitors less than 18 inches and om $15.00 to $17.00 per unit for TVs and monitors over 18 inches. These increases will also appear in the fees charged for curbside pick-up services for electronic waste. 'r 1 CITY OF IOWA CITY Z-- j COUNCIL ACTION REPORT Additionally, the landfill has seen an increase in the costs associated with the disposal and processing of tires, which are prohibited from being landfilled. An evaluation of the costs and the anticipated revenues resulted in the need to propose a fee increase from $0.07 per pound to $0.15 per pound in the fees associated with these services as the current fee model was not sustainable. Over the past several months, the City has implemented several initiatives as a part of a larger waste minimization plan that resulted in a necessary adjustment of fees to cover the cost of the new programs. Beginning in FY2018, the City's curbside solid waste collection programs will be transitioning to a single stream recycling program from the current sorted curbside recycling program. In addition, a curbside food waste collection program will also be implemented. It is anticipated that the implementation of these two initiatives will have a positive impact by reducing the amount of material being landfilled and increase convenience to residents. In order to fund these programs, the monthly recycling fee will increase from $4.10 to $5.10 and a monthly yard waste/food waste fee will be established at $2.00 per month. In addition, the fees for monthly curbside refuse collection services will increase from $11.80 to $12.00, while the fee for stickers for extra refuse bags will increase from $1.25 to $2.50 each. The minimum fee charged to landfill customers is proposed to increase from $3.25 to $6.50 for Iowa City premises subject to property tax and city owned property and from $3.50 to $7.00 for all other solid waste. This fee in being implemented to assist in financing annual operations and is comparable to landfill tipping fees in other Iowa communities. In order to reduce the amount of litter in areas near and on the landfill site, a fee is being established for those vehicles that arrive at the landfill with unsecured loads. The fee is being set at $50.00 per occurrence with the first violation resulting in a $0 warning. This fee is being established, as a part of our secured load policy, as a mechanism to reduce the amount of litter that accumulates along Melrose Ave., IWV, Hebl Ave. and the landfill site. We spend over $35,000 annually in services to pick-up litter in these areas. Landfill staff has been and will continue to educate customers about the policy leading up to July 1 in an effort to minimize instances where it is necessary to charge this fee. The proposed changes to the solid waste disposal fee structure will result in a more sustainable funding model for ongoing operations and capital projects while also funding new programs that will have a positive environmental impact. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2017 -AMENDMENT #2 To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on 3/7/2017 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, It was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 17-69 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3( 2017 (AS AMENDED LAST ON 912 012 01 7 .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 2/2112017 and the public hearing held, 3/7/2017 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Passed this 7th day of Mar t roar) der peen gnefure UV Signature City le Finance OHker t Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 7777777777 77777777;! 55,330 223 777777777 0 55,330,223 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 55,330,223 0 55,330,223 Delinquent property Taxes 4 0 0 0 TIF Revenues 5 2,276,953 0 2,276,953 Other City Taxes 6 2,773,384 0 2,773,384 Ucensess Permits 7 1,738,882 0 1,738,882 Use of Money and Property 8 2,183,878 100,887 2,284,765 Intergovernmental 9 40,569,008 570,932 41,139,940 Charges for Services 10 44,929,697 115,762 45,045,459 Special Assessments 11 604 0 604 Miscellaneous 12 6,056,329 .903,176 5,153,153 Other Financing Sources 13 32,975,389 -5,656,520 27,318,869 Transfers In 14 52,592,182 1,983,440 54,575,622 Total Revenues and other Sources 1s 241,426,529 -3,768,675 237,637,854 Expenditures 8 Other Financing Uses Public Safety 16 .........:::23,707,891 267,176 - 23,995,061 Publicworks 17 9,323,872 4,200 9,328,072 Health and Social Services 18 350,000 0 350,000 Culture and Recreation 19 14,108,010 32,950 14,140,960 Community and Economic Development 20 9,966,241 1,203,679 11,169,920 General Government 21 9,208,682 -124,000 9,084,682 Debt Service 22 15,419,400 -29,000 15,390,400 Capital Projects 23 85,483,245 -6,338,274 79,144,971 Total Government Activities Expenditures 24 167,567,341 -4,963,275 162,604,066 Business Type I Enterprises 25 78,448,052 1,248,946 79,696,998 Total Gov Activities 8 Business Expenditures 26 246,015,393 -3,714,329 242,301,064 Transfers Out 27 52,592,182 1,983,440 54,575,522 Total Expendltums)Transfers Out 28 298,607,575 -1,730,889 296,876,686 Excess Revenues 8 Other Sources Over (Under)ExpendituresfTrens/ersOut Fiscal Year 29 -57,181,048 -2,057,788 -59,236,832 Beginning Fund Balance July l 30 128,701,779 64,267,438 192,969,217 Ending Fund Balance June 30 311 71,520,733 62,209,652 133,730,385 Passed this 7th day of Mar t roar) der peen gnefure UV Signature City le Finance OHker t Mayor Resolution No. Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Mims the Botchway Cole Dickens x Mims x Taylor x Thomas X— Throgmorton 7, Jun -15 NOTICE OF PUBLIC HEARING F.. 653.C1 AMENDMENT OF FY2016-2017 CITY BUDGET The City Council of Iowa City in JOHNSON County, Iowa will meet at 410 E Washington Sl City Hall at 7:00 pm on 3/7/2017 (nnvp (D -W ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2017 Mono by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. of increases or decreases in revenue estimates, aDDrooriations, or available cash: Amendments include the review and modification of the 2017 CIP program, acquisition of a condemned property, change in accounting for Affordable Housing activity, cntracted improvements at Airport for hangar building M, recycling carts for co -mingled program, Landfill permit renewals, AVL bus tracking system for Transit, and Hesco barriers for Storm Water.Additional detail is on file and available from the Iowa City Finance Department. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property lax revenues and cash balances not budgeted or considered in this current budget. Julie Voparil, Deputy Clerk City Clerk/ Finance Officer Name Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues &Other Financing Sources7. Taxes Levied on Property 1 55,330,223 55,330,223 Less: uncollected Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 55,330,223 0 55,330,223 Delinquent Property Taxes 4 0 0 TIF Revenues 5 2,276,953 1 2,276,953 Other City Taxes 5 2,773,384 2,773,384 Licenses & Permits 7 1,738,882 1,738,882 Use of Money and Property 8 2,183,878 100,887 2,284,765 Intergovernmental g 40,569,008 570,932 41,139,940 Charges for Services 10 44,929,697 115,762 45,045,459 Special Assessments 11 604 604 Miscellaneous 12 6,056,329 -903,176 5,153,153 Other Financing sources 13 32,975,389 -5,656,520 27,318,869 Transfers In 14 62,592,1821 1,983,440 54,575,622 Total Revenues and Other sources 15 241,426,529 -3,788,675 237,637,854 Expenditures 8 Other Financ]nA Uses Public Safety 1623,707,891illli�287,170 23,995,061 Public Works 17 9,323,872 4,200 9,328,072 Health and Social Services 1e 350,000 350,000 Culture and Recreation 19 14,108,010 32,950 14,140,960 Community and Economic Development 20 9,966,241 1,203,679 11,169,920 General Government 21 9,208,682 -124,000 9,084,682 Debt Service 22 15,419,400 -29,000 15,390,400 Capital Projects 23 85,483,245 -6,338,274 79,144,971 Total Government Activities Expenditures 24 167,567,341 -4,963,275 162,604,066 Business Type /Enterprises 25 78,448,052 1,248,946 79,696,998 Total Gov Activities& Business Expenditures 26 246,015,393 -3,714,329 242,301,064 Transfers Out 27 52,592,182 1,983,440 54,575,622 Total Expendltures/Transfere Out 2e 298,607,575 -1,730,889 296,876,686 Excess Revenues & Other sources Over IUnderlEzpenditures/iranstereoutFlscalYear 2x•57,181,046 -2,057,786-59,238,632 Beginning Fund Balance July 1 30 128,701,779 64,267,438 192,969,217 Ending Fund Balance June 30 311 71,520,733 62,209,6521 133,730,385 of increases or decreases in revenue estimates, aDDrooriations, or available cash: Amendments include the review and modification of the 2017 CIP program, acquisition of a condemned property, change in accounting for Affordable Housing activity, cntracted improvements at Airport for hangar building M, recycling carts for co -mingled program, Landfill permit renewals, AVL bus tracking system for Transit, and Hesco barriers for Storm Water.Additional detail is on file and available from the Iowa City Finance Department. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property lax revenues and cash balances not budgeted or considered in this current budget. Julie Voparil, Deputy Clerk City Clerk/ Finance Officer Name Form 01D CITY OF Iowa City wp.mm.un u.o.s�.�x RE -ESTIMATED REVENUES DETAIL F.. N15 P1 CITY OF Iowa City DepeNnan�ol ManagamaM RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 1 Form W1 En CITY OF Iowa City oe ,mmwvo m RE-ESTIMATED EXPENDITURES SCHEDULE PAGE 2 RE-ESTIMATED Fiscal Year Ending 2017 Fiscal Years TIF SPECIAL SPECIAL DEBT CAPITAL RE-ESTIMATED ACTUAL GOVERNMENT ACTIVITIES CONT. GENERAL I REVENUES I REVENUES I SERVICE I PROJECTS I PERMANENT I PROPRIETARY 2077 1 2016 & s BUSINESS TYPE ACTIVITIES •oorietarv: Enterorise & Budgeted ISF THE USE OF THE CONTINUING APPROPRIATION IS VOLUNTARY. SUCH EXPENDITURES DO NOT REQUIRE AN AMENDMENT. HOWEVER THE ORIGINAL AMOUNT OF THE CAPITAL PROJECT MUST HAVE APPEARED ON A PREVIOUS YEAR'S BUDGET TO OBTAIN THE SPENDING AUTHORITY. THE CONTINUING APPROPRIATION CANNOT BE FOR AYEAR PRIOR TO THE ACTUAL YEAR CONTINUING APPROPRIATIONS END WITH THE ACTUAL YEAR. SEE INSTRUCTIONS. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 17-70 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2018. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2018 was held on March 7, 2017, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The annual budget for the fiscal year ending June 30, 2018, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 7th day of March , 2017. ATTESL 2c ��-�- � l�.•i� �t �2.r-C Cl Y CLERK It was moved by Mims adopted, and upon roll call there were: AYES: finadmVesXann1bdgt-2017.dm MOOR ft ed by - a -0`V%)-17 City Attorney's Office and seconded by sotchway the Resolution be NAYS: ABSENT: Botchway Dickens Cole Mims Taylor Thomas Throgmorton COUNTY AUDITOR - I certify the budget is In compliance with ALL the following: Budgets that DO NOT meet ALL the cflteda below are not statutorily compliant & must be returned to the city for correction. 1) Tins Innomnosd Nofins 0 Public Hodring Miss annsaft CFO. 01.1) . hol PlAnl4nec. . poilsod 1 pol and n0sollood. and Volond snso —2) Budget Mason, nodeens r potiohod . jnedoc! . W. non 10 Nye, Ins, . Mon 20 dors, polor W Ins InWat twb9. — 3) Morino ponvoo's, tons. do '" soodsond x04 W - Pool o's"Ints. —4) Adoplool oncoisndi do W sonxisd Pdoi or pool all In sarni of M n1n, nc,nul Issas. or In toliii. 52=483 Adoption of Budget and Certification of City Taxes FISCAL YEAR BEGINNING JULY 1. 2017 - ENDING JUNE $0, 2018 Resolution No.: 17. 70 The City of: Iowa City County Name: JOHNSON Date Budget Adopted: W12017 (3;9 041 i /ell ... ;135 January 1, 2016 Property Valuations JOHNSON Co. JUWA With Ga. & Elnstrk, Witinnut one & Electric Regular, a 3:4-60,67-4,-2-41-sb 3,418,972,046 MAR 0 9 2017 DEBTSERVICE a 3,641,234,188 so 3,4119,631,982 7,862 Ag Land 4s 1,618,090 TAXES LEVIED code Dodes R Rcqu"t.Kh Property Taxes 5 U NVY A R plinnurl Levied Rate 3".1 ..... ............ . . ... . . . . . . . ... ........... .... 8.1000 Ra ular General levy ............. ..... ... 28031 , 401 . . . 27,693,674 4z 8.10000 c'"I ............ Non -Voted Other Permissible Levies ..... . ; I -F . ..... .. . . . . 12u] [67500 Contract for use of Bridge a 0 0 1210) GANDIX) Opr & Maint publicly owed Transit 7 287641!l:.::'::l: 3,248,023 :%: — 45 inil) Anon. Rent, Ins. MaInt of Civic Center 8 0 Eitzit -0.95000 M 0 12112) 0.13w13 Opr & Maint of City owned Civic Center 9 0 12(13) DMW Planning a Sanitary Disposal Project 10 0 il 48 0 1A14) cmax, Aviation Authority (under sec.330A.16) 49 12(H) owso Levee Impr. fund in special charter city 13 0 0 12117) ArIl N. Liability, property & self insurance costs 14 i'005'135' 1, 0.29044 42(21) N« Support of a Local Emerg.MgmtComm. "all 0, .5 13") Voted Other Permissible Levies 121) 0 13SX) Instrumentatn/oral Music Groups 0:1 % 12(2) 0eirdo Memorial Building 0 Y -0. 0 12(3) MIN) Symphony Orchestra 17 85 12(4) emm Cultural & Scientific Facilities Is 12(n Aovono:1 County Bridge 19 oilij:i B7 0 12(0) 13SK0 MIssi or Missouri River Bridge Const 20 so 0 1219) 0A9375 Aid to a Transit Company 210 W 0 V(ll) 0.20500 Maintain Institution received by gift/devise0 0 lain 1,000D) City Emergency Medical District 463 ji: - oiiil -- -- 0 _0 In") Q.V= Support Public Library 23 34 2 !:i:l ij! iii i� i ill 10 is ii; 61 V-066 so. 14000) Unified Law Enforcement 24: Oil ii� q; 02 0 .... ......... Total General Fund Regular Levies (6 thru 24) 25 33,258,619::: 32,857,825: 1114.1 100.3?5 Ag Land IS-- 4.86017;; 1,660 63 3.00375 Total General Fund Tax Levies (25426) 27 33.2S3.4T9!;l;l 32,802,68151! Special Revenue Levies 364.11 0271300 Emergency (if general fund at levy limit) 25 0:*i.: 1, 0 3"' N Police & Fire Retirement' x"" so so 3 �4,%?? ;'Li"ffO eirtio Vnd , N. FICA & IPERS (if general fund at levy limit) 3 432 406 i:ii 3,391,_038;,;;;,;;;;;; inloo Nd N« Other Employee Benefits 4,083,SW4 I :.l. *i4,034,353 t1TB0B Tdial E.,I.,.. &Hnniff towns (29,30,31) lz:i; do 3,14415 Sub Total Special Revenue Levies (28+321 W 10.880,872 10,749,761 �'i iii i Valuation .to MR, With Gas a E190 Ndtnout ads ERIC SSMID 1 161,508,M 161.508,922 a323,018% iiiil:ii 323018 a s .1)000 2 0 SSMID 2 SSMID 3 38 0 .0 SSMID4 w m 37 SSMID 5 so m1 0 a SSMID 0 0 �i�i: sas SSMID 7 ox 0 :i. 0 SSMID 8 i. ards • Total Special Revenue Levies 39, i 11,203.8901 i'i [ i 11,072,779.... leu and N« Debt Service Levy 7610(6) 40 12.672,179 40 12,522,935 lii::i 7o 3.57646 r. 0.675X; Capital Projects (Capital Improv. Reserve) 41 41 0 COUNTY AUDITOR - I certify the budget is In compliance with ALL the following: Budgets that DO NOT meet ALL the cflteda below are not statutorily compliant & must be returned to the city for correction. 1) Tins Innomnosd Nofins 0 Public Hodring Miss annsaft CFO. 01.1) . hol PlAnl4nec. . poilsod 1 pol and n0sollood. and Volond snso —2) Budget Mason, nodeens r potiohod . jnedoc! . W. non 10 Nye, Ins, . Mon 20 dors, polor W Ins InWat twb9. — 3) Morino ponvoo's, tons. do '" soodsond x04 W - Pool o's"Ints. —4) Adoplool oncoisndi do W sonxisd Pdoi or pool all In sarni of M n1n, nc,nul Issas. or In toliii. o3-cr7-17 SG Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 17-71 RESOLUTION APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENT PLAN. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a five-year Capital Improvement Plan budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvement Plan are subject to annual review and revisions; and WHEREAS, a public hearing was held on March 7, 2017, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2017 through 2019 and the five-year Capital Improvement Plan 2017 - 2021. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 7th day of march , 2017. MAYOR ` ATTEST: /t eaTz)__ CITY CLERK PU �� City Attorney's Office fi nadmVes\finplan-2016.doc Resolution No. 17-71 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton H Prepared by: Dave Panos, Public Works, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 17-72 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ASPHALT RESURFACING 2017 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO POST 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, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and WHEREAS, funds for this project are available in the Pavement Rehabilitation, account # S3824. 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 post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 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 29th day of March, 2017. 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 4th day of April, 2017, or at a special meeting called for that purpose. Passed and approved this 7th day of march 2CL 17 MOOR Appr ved by �/ ATTEST: 2 7 L(it'( A- Lyc.:' Grtuifd ✓uvrl f1ae,t DEPUTY CITY CLERK J City Attorney's Officeg/"e-/t-I pweng\masters\res appp&s.doc 2117 tJ Resolution No. 17-72 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: .vd- A x NAYS: ABSENT: ABSTAIN: Dickens Botchway Cole Dickens Mims Taylor Thomas Throgmorton the ID, Prepared by: Brett Zimmerman, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 17-73 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM AND BRIDGE REPAIR 2017 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO POST 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, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and WHEREAS, funds for this project are available in the Parking Facility Restoration Repair account # T3004. 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 post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 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 31P day of March, 2017. 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 4 I day of April, 2017, or at a special meeting called for that purpose. Passed and approved this 7th day of march _'20 17 MOOR Approved by ATTEST -.-J e7/0e� %G - CITY CLE C ��,�� - ity Attorney's Offic Resolution No. Page 2 It was moved by trims and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244 RESOLUTION NO. 17-74 RESOLUTION IN SUPPORT OF THE M&W PROPERTIES, LLC APPLICATION FOR WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM THE IOWA ECONOMIC DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL HOUSING AT 619 & 627 ORCHARD STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT. WHEREAS, M&W Properties, LLC intends to apply for Workforce Housing Tax Incentives from the Iowa Economic Development Authority to assist financing the construction of residential housing at 619 & 627 Orchard Street; and WHEREAS, as part of the application, the developer requires a resolution by the City supporting the application and committing local funds; and WHEREAS, timing is critical as the Iowa Economic Development Authority is accepting applications on a continuous basis and reviews applications in the order received; and WHEREAS, it is in the best interest of the City to support this residential housing project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City supports the M&W Properties, LLC application for Workforce Housing Tax incentives. 2. The application will include a request for Workforce Housing Tax Incentives for up to 45 dwelling units in the total development. 3. The City commits to providing a local match equal to at least $1,000 per dwelling unit, and shall enter an agreement with the applicant for such funds. 4. The City Manager is authorized to sign said agreement. Passed and approved this 7th day of March 2017. M9YOR ? Approved by ATTa -a CtS'F. ' �irz-T�� /r,Lc � � t�- CITY CLER P&L ' City Attorney's Office Resolution No Page 2 17-74 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA CIT COUNCIL ACTION REPO&m!LmJ February 13, 2017 Resolution in support of the application of M&W Properties, LLC for the Workforce Housing Tax Incentives Program from the Iowa Economic Development Authority to construct residential housing at 619 & 627 Orchard Street and committing local funds to the project. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager John Yapp, Development Services Coordinator Karen Howard, Associate Planner Tracy Hightshoe, Neighborhood Services Coordinator Fiscal Impact: Up to $45,000 Recommendations: Staff: Approval Commission: N/A Attachments: Letter of request from Ryan Wade Concept images Resolution Executive Summary: This resolution of support would commit the required minimum project match of $1,000 per unit, or up to $45,000, to enable the Developer's application to be considered for Workforce Housing Tax Credits at the Iowa Economic Development Authority (IEDA). The project is well suited for the Riverfront Crossings District, provides needed housing supply and will help support nearby neighborhood businesses. By supporting the tax credit application, the City will be allowing the Developer to leverage significant state resources that will otherwise go to projects outside of our community. Background / Analysis: The Iowa Economic Development Authority (IEDA) provides financial incentives under the Workforce Housing Tax Credit program to assist the development of housing projects that are targeted at middle-income households and that focus on the redevelopment or repurposing of existing structures. Housing developers are eligible to receive a refund of state sales, service or use taxes paid during construction and an investment tax credit up to a maximum of 10% of the investment directly related to the construction or rehabilitation of housing. There are no rental restrictions or income limitations for the assisted dwelling units, but the average dwelling unit cost may not exceed $200,000 for new construction. To be eligible for the program the applicant must obtain a resolution of support from the City Council and the City must provide at least a $1,000 per dwelling unit match. The applicant requests that all units be considered for the program, which would consist of up to 45 units and thus would require up to $45,000 for this application. Matching funds can be in the form of cash or local property tax exemption, rebate, refund or reimbursement. r 1 CITY OF IOWA CITY -^� COUNCIL ACTION REPORT To date, the City has approved five other requests for resolutions of support and local matching funds for this IEDA program: Prairie Hill Cohousing Development (15 units) Iowa City Senior, LLC for senior housing at 1030 William Street (40 units) Monark, LLC for development at 7 S. Linn Street (36 units) • 1301 Gilbert, LLC (up to 54 units) • 1201 Gilbert, LLC (up to 258 units) Ryan Wade of M&W Properties is the developer of the project to be located at 627 and 619 Orchard Street and currently referred to as the Orchard Street 45 Plex. The location is just west of the new Riverside West Apartments and accessed from Orchard Street. The development will consist of up to 45 one -bedroom units of between 500 and 600 square feet and all parking will be enclosed within the building. Street -facing units will have private entrances and there will be ample open space for tenants to enjoy. The developer anticipates that the location will appeal to young professionals and graduate students looking for quiet locations with close proximity to the University Hospitals and downtown. Recommendation: The applicant requests a resolution of support and documentation of project match so that he can file an application immediately. IEDA is accepting applications on a continuous first come, first served based and is currently registering projects for FY18, which begins July 1, 2017. Once FY18 funds are depleted, they will begin registering projects for FY19. The proposed project will be compliant with the Riverfront Crossing Master Plan/Comprehensive Plan. Preliminary concept images are attached for your review. The images provide an example of the general massing of the development. A rezoning will need to be approved for the project to go forward, and plans will go through the City's regular development process, including site plan, form based code and building plan review. Staff recommends approval of a resolution of support and committing the required minimum project match of up to $45,000 in order for the application to be considered for Workforce Housing Tax Credits. We feel the project aligns well with the Riverfront Crossings Master Plan, provides needed housing supply and will help support the nearby commercial district. By supporting the tax credit application, the City will be allowing the developer to leverage significant state resources that could otherwise go to projects outside of our community. If the City Council approves this request, the application to IEDA will be the responsibility of the applicant, Ryan Wade. Mr. Wade will be present at the Council meeting for any questions. February 10, 2017 Tracy Hightshoe City of Iowa City 410 Washington Street Iowa City, Iowa 52240 RE: Request for a supporting resolution for Workforce Housing Tax Credit at 619 & 627 Orchard St PROJECT- ORCHARD ST 45 Plex Dear Tracy, The properties at 627 and 619 Orchard Street are now currently rental properties. 627 Orchard is a three bedroom single family house and has been vacant for one year. 619 Orchard Street is currently a 4 Plex with a total of 8 bedrooms. The proposed building will be 45 one bedroom units with all parking inside. The building will follow the new Orchard District form based code and will be all residential units. Each unit will be approximately 500-600 sq ft. All units will meet the guidelines for the State of Iowa Workforce Housing Tax Credit program and M&W Properties wishes to apply for this tax credit. Our target market for these units is professionals, and graduate students looking for affordable housing close to the University Hospitals and downtown. The building design will incorporate street facing units to give more of a single story units facing the street with private entrances to each unit and lots of outdoor living space for all tenants. Thank you for your time and support for this project. Sincerely M&W Properties, LLC Ryan Wade Greg McGlaughlin Office 518 Bowery St I Iowa City, 52240 1319-430-5991 Mailing Address PO Box 51521 Coralville, Iowa 522411 r view from south M & W Properties orchard court lofts 627 Orchard Court, Iowa City, Iowa f 02.22.2017 orchard.court.lofts SH IVEHATTCRY A R C H I T E C T U R E. E N G I N E E R I N G f.z . view from southwest M & W Properties 02.22.2017 orchard court lofts orchard -court. lofts SHIVEHATTCRY 627 Orchard Court, Iowa City, Iowa .. A R, H 1 1 t c r u R E. E N c I N E E R I N c east elevation M & W Properties 02.22.2017 orchard court lofts SHIVC-I-IATTCRY 627 Orchard Court, Iowa City, Iowa y ARCHITECTURE + E NGI NEERING aerial M & W Properties orchard court lofts 627 Orchard Court, Iowa City, Iowa orchard -court.lofts 02.22.2017 SHIVEFIATTERY A R C H I T E C T U R E+ E N G 1 11 E E R I N G aerial M & W Properties orchard court lofts 627 Orchard Court, Iowa City, Iowa i� / Cl orchard.court.lofts 02.22.2017 SHIVEF-IA17EPZY A R C H I T E C T U R E. E N G I N E E R I N G is, Prepared by; Juli Seydell Johnson, Director of Parks and Recreation, 220 South Gilbert Street, Iowa City, IA 52240 (319) 356-5104 RESOLUTION NO. 17-75 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE FULL-TIME MAINTENANCE WORKER 1 - GOVERNMENT BUILDINGS POSITION AND ADDING ONE FULL-TIME MAINTENANCE WORKER I - POOLS POSITION. WHEREAS, Resolution No. 16-59, adopted by the City Council on March 1,2016, authorized budgeted positions in the Government Buildings Division of the Parks and Recreation Department for FY17; and WHEREAS, Resolution No.17=7q adopted by the City Council on march 7, 2017 authorized budgeted positions in the Government Buildings Division of the Parks and Recreation Department for FY18; and WHEREAS, Resolution No. 15-95, adopted by the City Council on April 7, 2015, established a classification/compensation plan for AFSCME employees; and WHEREAS, it has been determined that there is a gap in the Government Building's staff that are able to perform aquatics maintenance; and, WHEREAS, it has been determined that the Maintenance Worker I—Pool position would help fill that operational gap and be appropriately certified to perform the duties; and WHEREAS, it has been determined that the Maintenance Worker I - Pool position be based upon a job description based upon certification, training, skills and duties directly related to pool operation and maintenance; and; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Government Buildings Division of the Parks and Recreation Department be amended by deleting one full-time Maintenance Worker I - Government Buildings position, grade 3, and adding one full-time Maintenance Worker I - Pools position, grade 2. The AFSCME pay plan be amended by deleting the position Maintenance Worker I - Government Buildings position, grade 3, and adding the position Maintenance Worker I - Pools to grade 2. Passed and approved this 7th day of March , 20 17 MA&OR Approved b ATTES r..cr2-f� CITY CLERK �_ ��xc r City Attorney's Office It was moved by Mims and seconded by Botchway 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 'r 1 CITY OF IOWA CIT wag COUNCIL ACTION REPOR 15 March 7, 2017 Resolution deleting the budgeted position of Maintenance Worker I - Government Buildings within the Parks and Recreation Department and adding a Maintenance Worker I — Pools position Prepared By: Kumi Morris, Facility Manager Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Karen Jennings, Human Resources Administrator Geoff Fruin, City Manager Fiscal Impact: The annualized wage and benefits savings is estimated at $1,600.00 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Included on the March 7, 2017 Council Agenda is a resolution to rename one Maintenance Worker I position in Government Buildings from "Maintenance Worker I — Government Buildings" to "Maintenance Worker I — Pools" in order to distinguish the work duties and requirements for this operational need. The need for a specific position for pools is due to the maintenance requirements of our splash pads and as well as the aging mechanical systems at the City's three pools. Job descriptions including requirements for hire are similar for the positions, but with a focus on the types of equipment maintained. No new positions are being created with this action and no employees are directed impacted as the position is currently vacant. This action will result in a slight cost reduction estimated at $1,600 per year because of a pay grade change between to the two positions. The Maintenance Worker I — Government Buildings position had primary work hours during weekdays in City Hall. Custodial staff duties will be adjusted to provide needed service in City Hall. The Maintenance Worker I — Pools will have a primary focus on pools and splash pad maintenance. The job description for the pool position includes a requirement for a Pool Operator certification and experience and duties specific to plumbing and pool maintenance. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 17-76 CONSIDER A RESOLUTION APPOINTING CHRISTOPHER GUIDRY AS CITY CLERK AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT WHEREAS, this City Council has determined that it would be in the best interests of the City of Iowa City, Iowa, to appoint Christopher Guidry as City Clerk for the City of Iowa City; and WHEREAS, an Employment Agreement between the City and Christopher Guidry as City Clerk has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Christopher Guidry be and he is hereby appointed City Clerk for the City of Iowa City, Iowa effective March 8, 2017; and The Employment Agreement attached hereto and made a part hereof is hereby approved as to form and content; and The Mayor is authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 7th day of march —'20 17 . ATTES K ' CITY CLET, j-' MAYOfl �9Pp„A 'ye� U CCCJ// City Attorney's Office Resolution No. Page 2 It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton EMPLOYMENT AGREEMENT This Agreement is made and entered into this 7th day of March , 2017 by and between IOWA CITY, IOWA, a municipal corporation, (hereinafter "Employer") and CHRISTOPHER GUIDRY (hereinafter "Employee"). Section 1: Term A. This agreement shall be for an indefinite period of time. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of the Employee at any time in accordance with Iowa law (Iowa Code Section 372.15 or otherwise if amended). C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer. Unless the parties agree otherwise, in the event Employee voluntarily resigns he shall give Employer 30 days advance notice. Section 2: Duties and Authority Pursuant to Article II of the City Charter, Employer agrees to employ Christopher Guidry as City Clerk to perform the functions and duties specified in Title I Chapter 7 of the Iowa City Code, the Code of Iowa, and other legally permissible and proper duties and functions as the City Council may from time to time assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $87,000 payable in installments at the same time that other administrative employees of the Employer are paid. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies to include all salary adjustments on the same basis as applied to administrative employees of the Employer C. Consideration shall be given on an annual basis to increase compensation. Such decision shall be communicated with the annual performance evaluation. Section 4: Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually on or before August 1 with the method of evaluation to be in accordance with provisions of applicable law. The first performance evaluation will occur on or before August 1, 2017. The Council will first consider an increase in compensation effective July 1, 2018 in connection with the 2018 performance evaluation. Section 5: Health, Disability and Life Insurance Benefits A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his dependents equal to that which is provided to all other administrative employees of Iowa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City. C. The Employer agrees to provide life insurance benefits equal to that which is provided to all other administrative employees of Iowa City. D. During the term of this agreement, Employer shall offer to Employee other fringe benefits which may be provided other non -represented Administrative and Confidential employees of Employer. Section 6: Vacation, Sick, Holidays and Retirement Employee shall accrue, and have credited to his personal account, vacation and sick leave equal to that which is provided to all other administrative employees of the City, and shall receive holiday pay on the same terms as that which is provided to all other administrative employees of Iowa City. The Employee will receive any retirement benefit required by Iowa law and the ability to access and contribute to a deferred compensation plan to the same extent and on the same terms as other administrative employees of the City. Section 7: Professional Development Employer agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, seminars, courses, continuing education and occasions adequate to continue the professional development of Employee as City Clerk and to adequately pursue necessary official and other functions for Employer. Section 8: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. 2 Section 9: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with his responsibilities under this Agreement. Section 10: Residence Employee agrees to maintain residence within the corporate boundaries of the City of Iowa City. Section 11: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment or duties, unless the act or omission involved willful or wanton conduct. In the defense of such claims, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties unless the act or omission involved willful or wanton conduct. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, adjust and settle claims against Employee for which Employee is entitled to indemnification. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Section 12: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee 3 under any law or ordinance. Section 13: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 14: Notices Unless otherwise required by law, notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the City Manager 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Christopher Guidry, 4736 Inverness Ct. Iowa City, IA 52245 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. 11 Section 15: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on March S, 2017 D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Governing law. This agreement and the interpretation of this agreement shall be governed by Iowa law. IOWA CITY, a Municipal Corporation 0 0 Approved as to form: City Attorney City Clerk