Placement of Public Input on City Council Agenda Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Placement of Public Input on City Council Agenda
SUMMARY: City Attorney and City Clerk submitting information for City
Council discussion about the placement of the Public Input
section on the City Council agenda.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council
ATTACHMENTS:
Description Type
Mayor Council_Participation Rules &Agendas Staff Staff Memo
Memo-Index
Mayor-Council Participation Rules &Agendas Part I Supporting Documentation
Mayor-Council Participation Rules &Agendas Part II Supporting Documentation
Dubuque Public Input for Calendar Year 2015 Supporting Documentation
THE CM OE
DUB E MEMORANDUM
Masterpiece on the i issippi
BARRY LIND
CITY ATTOR
To: Me or Roy D. Buol and
Me bers of the City Council
DATE: December 1, 2015
RE: Participation Rules and Agendas
Attached is information gathered by the City Attorney's Office and the City Clerk's
Office. A few cities have adopted rules which include public participation rules. Those
rules are included where they were available. However, most cities include the public
participation rules on their agendas so agendas from a number of cities are included.
Paqe
Summary of responses from City Clerks to questions
submitted by the City of Dubuque City Clerk's Office........................................I
Cityof Ames Agenda ......................................................................................10
City of Bettendorf Rules and Agenda.............. ...—.......................... ..........12.1
City of Cedar Falls Rules and Agenda ............................................................17
City of Cedar Rapids Agenda and Rules.........................................................37
City of Coralville Agenda.................................................................................44
City of Council Bluffs Agenda and Rules.........................................................48
City of Des Moines Rules and Agenda............................................................59
Cityof Iowa City Agenda.................................................................................86
City of Sioux City Rules and Agenda ............................................................109
City of Waterloo Rules and Agenda..............................................................130
City of West Des Moines Agenda..................................................................137
Some of the issues the City Council may wish to consider Include the following:
1. When can citizens provide input
• Public hearings
• Designated public input time
o Beginning of meeting
o End of meeting
o Somewhere in between
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE,300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAx (563)583-1040/EMAIL balesq@cityofdubuque.org
2. Public input on which items
• Public hearings only
• Items not on agenda only
• Agenda items only
• Items not on agenda and on agenda
3. Other rules
• Time limits
• Name, address
• Pre-registering/sign-up sheet
o At the meeting
o Prior to the meeting
Please let me know if you would like additional Information.
BAL:Us
Attachment
cc: Michael C. Van Milligan, City Manager
Kevin Fimstahl, City Clerk
Crenna M. Brumwell, Assistant City Attorney
Maureen A. Quann, Assistant City Attorney
P:\USERS\tsteckleW ndahl\Memos\MayorCoundl_PaficipafionRules&Agendas_120115.doc
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1. Do you have a public input section on your agenda?
Davenport-Yes, at the end of the agenda
Iowa City-Yes Two spots. Immediately after the consent calendar at the beginning of the
meeting (until 8PM) and again at the end
Coralvil le -Yes. near beginning.
Cedar Falls - Yes at the end
Des Moines— Yes, at the Beginning
Sioux City- yes, always at the end of the Agenda
Ames - Yes, right after the Consent Agenda.
EI kader- Yes At the Beginning
Belle Plaine -YES—at 2 locations: 1 at after consent agenda; 2nd near end of meeting
Seymour—Yes, after the consent agenda items
Ireton - If people show up...beginning
Logan - Yes, at the end of the meeting.
Corning —Yes after Consent items
Riverside—Yes, at the beginning
Grand Junction -Yes, after approval of agenda
Fort Madison—Yes Very Beginning
Laurens—Yes, at the end
Fairfax—Yes, at the end-They use to have one at the beginning and one at the end. We
removed the one at the beginning.
Creston —Yes after Consent
Garden Grove— Yes, at the end
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2. Is that section set by ordinance, resolution, policy or "just the way we
have always done it"?
Davenport- Just the way it has always been.
Iowa City-Resolution
Coralville -Way it is always done
Cedar Falls - We have adopted the policy (Administrative Policy attached) by resolution.
Des Moines - It's been this way since I've been here.
Sioux City- Set by Council Policy which was set by Resolution 2007-0196, see attached
Council Policy, the information you are after it is in section 6. Order of Business and
Agenda on pages 8 & 9.
Ames - The way it has always been done.
Elkader—just the way they have always done
Belle Plaine -Just how our mayor likes to do it
Seymour-just the way we have always done it
Ireton - How it has been done
Logan - "just the way we have always done it"
Corning —No Answer
Riverside-This is the way we do it
Grand Junction- Set by council, no ordinance or resolution
Fort Madison — No Answer
Laurens -We'vejust always done it.
Fairfax- Just the way it has been done.
Creston -Always done it this way
Garden Grove — No answer
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3. What wording do you place on your agenda for such an item?
Davenport- Public with Business PLEASE NOTE: At this time individuals may address the
City Council on any matters of City business. This is not an opportunity to discuss issues
with the Council members or get information. In accordance with Open Meetings law, the
Council cannot take action on any complaint or suggestions tonight, and cannot respond to
any allegations at this time. Please state your Name and Ward for the record. There is a
five (5) minute time limit. Please end your comments promptly.
Iowa City-COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM[
Community Comment will be continued, if necessary, prior to "City Council information"
item at the end of the meeting agenda. COMMUNITY COMMENT [IF NECESSARY]
(ITEMS NOT ON THE AGENDA).
Coralville -Citizen comments for 15 minutes.Additional comments to continue after the
consent calendar if needed. (Please limit to 5 minutes.)
Cedar Falls - Public Forum.
Des Moines - Citizen's Forum
Sioux City- "Citizen Concerns"
Ames - PUBLIC FORUM: This is a time set aside for comments from the public on topics of
City business other than those listed on this agenda. Please understand that the Council
will not take any action on your comments at this meeting due to requirements of the Open
Meetings Law, but may do so at a future meeting. The Mayor and City Council welcome
comments from the public; however, at no time is it appropriate to use profane, obscene,
or slanderous language.The Mayor may limit each speaker to five minutes."
Elkader- "Public comments" " and nothing else
Belle Plaine—Resident Comments
Seymour— No answer
Ireton - Public Comments
Logan - Citizens questions & comments.
Corning- Citizens Forum
Riverside - "Citizens Time"
Grand Junction—Public Forum:On the agenda we state that the council can take no action
on issues brought up but may put it on the next agenda for discussion.
Fort Madison -Visitors and Appearance Requests
Laurens - "Citizens Opportunity for Comment"
Fairfax— Discussion- Opportunity for Citizens not on the agenda
Creston - Public Forum—the Mayor and City Council welcome comments from the public on
any subject pertaining to City business, including items on this agenda. You are asked to
state your name and address for the record and to limit your remarks to 3 minutes in order
that others may be given the opportunity to speak. The Order of Business is at the
discretion of the Chair. No action will be taken.
Garden Grove—Citizen Forum
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4. What rules do the speakers have to follow?
Davenport-They must direct their comments to the City Council and to not name any one
person. They are asked to give their comments in good taste and not be derogatory
towards anyone. They will be asked to sit down or may be removed if they become
obnoxious.
Iowa City-The Mayor tries to limit remarks to 5 minutes.
Coralville -We ask speakers to keep comments to 5 minutes and if there are several for one
topic we ask them to pick one person to speak for them or not to repeat what others have
said. The Mayor keeps track of their speaking time.
Cedar Falls-They must provide their name,address and group affiliation, if applicable.
Des Moines- State name and address, no longer than 5 minutes
Sioux City-See the heading on the attached Agenda
Ames - Please see above
Elkader-the mayor usually gives them three minutes
Belle Plaine- Limit to 5 minutes, state their name and address, not a time for debate
Seymour-We rely on the mayor to keep things moving; as long as a point/new information
is being given, that's ok.
Ireton - Up to mayor but will be put to a 3 minute limit if a lot of discussion
Logan - No set rules(now).
Corning - Citizens Forum: Mayor and Council welcome comments from the public on any
subject pertaining to City business, including items on this agenda.You are asked to state
your name and address for the record and to limit your remarks to 3 minutes in order that
others may be given the opportunity to speak. The Order of Business is at the discretion of
the Chair. No action will be taken.
Riverside -They must come to the podium, say their name, spell their name, and they only
have 3 min
Grand Junction -3 minutes although we don't adhere to it if the person isn't ranting or being
disrespectful
Fort Madison -this is only for persons who want to speak regarding items not on the
agenda. It is up to the Mayor if he lets anyone speak on an agenda item.
Laurens - PLEASE NOTE: Citizens wishing to address the council will be allowed Z minutes.
Each person speaking must state their name & address, and then proceed with their
concerns.
Fairfax-We ask them their name and address.Also,to speak up so everyone can hear. We
don't have a microphone in the room. This time is for them to bring up a new topic or
inform the Council of something. The Council may direct the issue to staff or ask for it to be
on the next agenda. No decision and very little, if any, discussion comes from the Council.
Creston- whatever the Mayor may add to it. If there aren't many. Mayor may allow longer
time at his discretion.
Garden Grove —They're given five minutes, they must give their name and address, present
their issue, and understand that the Council may or may not respond to their Issue, and
that the Council may or may not choose to act on their issue at some point in the future,
but that their issue cannot be acted on at the meeting that they are speaking in as items
must be on the agenda before the Council is allowed to act on them.
I
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5. If someone speaks at this time, do they have to give their name and
address?
Davenport- Names and Ward and some give their address(not required)
Iowa City - Yes, we encourage that so staff can follow up with the individual as needed. We
have a signup sheet asking them to print their name and address or the organization they
are with. They are also asked to step up to the podium where there is a microphone.
Normally they introduce themselves.
Coralville -We have a signup sheet asking them to print their name and address or the
organization they are with. They are also asked to step up to the podium where there is a
microphone. Normally they introduce themselves.
Cedar Falls -They must provide their name, address and group affiliation, if applicable.
Des Moines- Yes
Sioux City-Yes, if they don't provide their name and address the Mayor or the City Attorney
asks them to state it into the microphone
Ames -Yes.
Elkader- sometimes
Belle Plaine—Yes
Seymour—No Answer
Ireton -We know them all so far
Logan -A couple of years ago when the town was in turmoil, they did limit to 5 minutes and
ask for name and address. If they weren't from Logan, certain council members would
refuse to let them speak. We no longer ask for their address.
Corning - The Issue is that the clerk usually asks for them to state name & address for the
record, because for some reason the Mayorjust can't seem to do it. Then there is the
enforcement of the 3 minutes that doesn't happen either.
Riverside—No Answer
Grand Junction- Name and address
Laurens -They generally don't because we know who they are. If we don't we ask them to
state their name and address.
Fairfax-We ask for it, I've never had someone refuse. Usually someone at the table knows
them.
Creston —Yes
Garden Grove-Yes
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6. Is their name and address then entered into the minutes?
Davenport- NO it is just business to present and the council listens but nothing is recorded
in the minutes.
Iowa City- Yes
Coralville - I just enter their name unless the address is relevant like being next to a new
development and they mention it.
Cedar Falls - Yes.
Des Moines - Yes
Sioux City• Yes, name address and a brief summary of what theytalked about, see item
#attached minutes from 10/19/15, Item #27, page 7.
Ames -Yes.
Elkader- no - probably should be though
Belle Plaine - Name-yes, address-no &summary of their comments
Seymour-At the end of the minutes, before the adjournment, 1 add a section with no
heading that starts like 'Other topics discussed with no action being taken include......:.
Ireton - Not a bad idea
Logan - Their name and a short description of what they talked about are in the minutes.
Corning— No Answer
Riverside -Yes
Grand Junction -We use action minutes, so no.
Laurens - If I feel it was important
Fairfax - Usually their name.
Creston —Yes
Garden Grove-Yes
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7. Is there any other time citizens are allowed to speak at a meeting. (other
than the times required by law i.e. public hearings)?
Davenport-Yes, during public hearings they can speak as long as they want but they are
limit to 5 minutes during any other discussion on the agenda.
Iowa City -Current Council allows discussion from the public on any item on the agenda.
Coralville -We allow them to speak during citizen comments and public hearings or after
resolutions or ordinances are read. We do ask people speaking during citizen comments
not to speak on topics already on the agenda. If citizen comments are needed after the 15
minutes we come back to them after the consent calendar near the end of the meeting.
Cedar Falls -Yes, we allow items on the Non-controversial and Resolution Calendars to be
pulled off by the public for separate discussion.
Des Moines -Our Mayor typically allows residents to speak on any agenda item.
Sioux City- Anybody can stand at the podium and speak on any of the Agenda items at the
time the item is read by the Mayor.
Ames - In addition to Public forum, the public may speak on any item on the agenda.
Elkader- they can speak when we get to a certain item
Belle Plaine - yes if it pertains to an agenda topic 1,
Seymour- We're pretty small; if someone wants to comment on whatever is being
discussed, it's usually allowed.
Ireton - Not unless they are an agenda item
Logan - If we are discussing a topic and there is someone there to speak specifically to that
topic, then they can ask the mayor for permission to speak on that subject. We've not had
anyone denied to speak recently.
Corning— No Answer
Riverside-They are allowed to speak on a particular agenda item if it specifically has
something to do with the item.
Grand Junction- If they are there as a resource for an agenda item, or asked a question by
the Mayor or Council
Fort Madison - It is up to the Mayor if he will let anyone speak on an Item on the agenda.
Laurens - Sometimes the mayor allows citizens to comment about the subject being
discussed.
Fairfax-Yes, we take input on any topic. We ask that they wait until the Mayor recognizes
them so it is a good place during the Council's discussion. The Mayor will stop them if they
start to repeat. If there are multiple people, he will stop a new one from repeating same
information.
Creston- Only if they have an appointment and are listed on the agenda.
Garden Grove—Only if they have filled out a form have their item placed on the agenda 72
hours before the meeting. I make sure to stress to anyone turning-in the form that if their
issue is something specific to them, if it is not a general city-wide issue that might
otherwisebe taken up in the general course of business, they need to be present at the
meeting for it to be considered by the Council. If they are not present the item will not be
brought-up.
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8, Any other info you think might be helpful?
Coralville -The Mayor is in charge of the meeting and making sure people keep to their
allotted time to speak. We add people to the agenda that have presentations to make for
organizations like the food pantry, Convention &Visitors Bureau, Children's Museum and
the like, but that is up to the Mayor and City Administrator. Developers and Department
Heads are sometime asked to speak if they have an item on the agenda.
Cedar Falls - Prior to the Public Forum section, Mayor has been asking for a show of hands
of those wishing to speak at public forum. He then selects the order of the speakers.
Des Moines -Typically, issues raised by citizens under Citizen's Forum are referred to staff
members for review. No formal action is ever taken under Citizen's Forum.
Ames - If the issue on which the person wishes to speak is an actual item on the Agenda,the
person will not be allowed to talk on that issue under Public Forum; they are asked to wait
until the issue comes up on the Agenda.
Belie Plaine-our mayor advises prior to each resident comment section that it is to be
respectful and not a time for debate. He address BOTH the audience as well as the
council.
Grand Junction -There is no law requiring a council allow public comments anyone tieing
disrespectful, aggressive or argumentative is dismissed
Fairfax - The best practice probably has the council adopt a resolution with a policy. This
could address all the details. This would come in handy with a problem situation. We don't
have one.
Garden Grove -during the course of a council meeting a resident happens to be in-
attendance and wants to say something while an issue is being discussed, if they raise
their hand the Mayor will usually call on them and ask if they had a comment. And he will
usually admonish them to keep it brief before he lets them start to talk. However, If the
resident starts to talk without raising their hand or doesn't wait to be recognized, the Mayor
will tell them that they need to waft until the end of the meeting during the Citizen Forum,
then they'll have an opportunity to voice their opinion.
Woolstock- We're a small town (168) and have no formal policy on public input. On the rare
occasions when a resident attends without calling ahead to be on the agenda, mayor asks
if they have an issue for the council. If they do, mayor explains that it can't be acted on
because it wasn't on the agenda.
Mayor will then allow the resident to present the issue, he thanks them, and then we proceed
With the meeting.
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Page I of 1
Tracey Stecklein - Fwd: Additional Public Forum Answers
From: Barry Lindahl <balesq@cityofdubuque.org>
To: Tsteckle@cityofdubuque.org
Date: 11/30/2015 2:30 PM
Subject: Fwd: Additional Public Forum Answers
Pp
Sent from my iPhone
Begin forwarded message:
From: "Trish Gleason" Q=leasonrt cin ofdubunue ore>
Date: November 30, 2015 at 2:23:49 PM CST
To: "Barry Lindahl"<balesu'a cin ofdubuoue or��>, "Kevin Fimstahl"
<Ktirnstaii citvofdubugue or�>>
Subject: Additional Public Forum Answers
The City of DeWittjust submitted these answers (in blue)to our questions.
1. Do you have a public input section on your agenda?
If so where? i.e, begging, middle or end. We list"citizens to address the council"on our
agenda._near beginning after consent agenda, mayors report city admin report, attorney report and
any department reports. This is for citizens that want to address the council for anything other than
items on the agenda.
2. Is that section set by ordinance, resolution, policy or"just the way we have always done it"? way
we do it
3.What wording do you place on your agenda for such an item?Citizens to address the council
4. What rules do the speakers have to follow? We ask that they state their name so we have it in
case we need to contact them. As no item was listed the council will listen but make no decision
and have no discussion. They normally do not even respond unless they ask a question to clarify
what the person's issue is.
5. If someone speaks at this time, do they have to give their name and address? Usually we just ask
name but sometimes they also give their address
6. Is their name and address then entered into the minutes? NO! We do not want grandstanding for
the sake of seeing their name in the paper.
7. Is there any other time citizens are allowed to speak at a meeting. (other than the times required
by law i.e. public hearings)? We also allow people to speak as each item is raised after the item is
read. If there area lot of people we give them a time limit. If they start repeating mayor will shut
them down.
8.Any other info you think might be helpful?
9
file:///C:/Users/tsteckle/AppData/Local Temp/XPgrpwise/565C5D93DBQ_DODBQ_PO... 11/30/2015
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS-CITY HALL
NOVEMBER 24,2015
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak,please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the
record,and limit the time used to present your remarks in order that others may be given the
opportunity to speak. The normal process on any particular agenda item is that the motion is
placed on the floor, input is received from the audience, the Council is given an opportunity to
comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances,
there is time provided for public input at the time of the first reading. In consideration of all,if you
have a cell phone,please tum it off or put it on silent ring.
CALL TO ORDER: 6:00 p.m.
PRESENTATION:
1. Presentation of City's new Web site
CONSENT AGENDA:All items listed under the consent agenda will be enacted by one motion.
There will be no separate discussion of these items unless a request is made prior to the time the
Council members vote on the motion.
2. Motion approving payment of claims
3. Motion approving Minutes of Regular Meeting of November 10,2015,and Special Meeting of
November 17,2015
4. Motion approving certification of civil service applicants
5. Motion approving Report of Contract Change Orders for November 1-15,2015
6. Motion approving renewal of the following Beer Permits, Wine Permits,and Liquor Licenses:
a. Class C Liquor&Outdoor Service—Outlaws,2522 Chamberlain Street
b. Class B Native Wine—Chocolaterie Stam,230 Main Street
c. Class C Beer—Swift Stop#8,705 24'"Street
d. Class C Liquor&Outdoor Service—Aunt Maude's, 543-547 Main Street
e. Class C Liquor&Outdoor Service—The Caf6,2616 Northridge Parkway
7. Motion. approving 5-day (December 7-11) Special Class C Liquor License for Olde Main
Brewing Company at ISU Alumni Center,420 Beach Avenue
8, Motion approving Sunday Sales for Bar, 823 Wheeler Street, Suite 4
9. Motion approving ClassB Beer Permit for Mongolian Buffet,1620 South Kellogg Avenue,Suite
103
10. Motion approving Class B Liquor License and Outdoor Service for Country Inn&Suites,2605
SE 16'Street(pending satisfactory background check)
11. Resolution accepting Abstract of Votes for November 3,2015,Regular City Election
12. Resolution approving 36-month contract with CenturyLink for Internet Services
13. Resolution approving Storm WaterEm=entwithArborontheGrem HomeownetsAssociation
for pond
14. Resolution approving request to close Lynn Avenue for installation of storm sewer
15. Resolution approving transfer of cellular antenna site lease at Homewood Golf Course from
Iowa Wireless Services to TowerCo 2013,LLC
16. Resolution approving reallocation of Wellmark"3-Point Play"monies for purchasing specified
indoor fitness equipment instead than outdoor fitness equipment that was approved in FY
2013/14 CIP
17. Resolution approving Modification to Self-Insured Health Insurance Summary Plan Document
18. Resolution awarding contract to Wesco Distribution of Des Moines, Iowa, for 750 KCMIL
10
Copper Cable in the amount of$73,252.20(Alternate) for Electric Services, subject to metals
adjustment at time of order
19. Resolution approving preliminary plans and specifications for WPC Decant Line Replacement
project; setting the bid due date for January 5, 2016, and January 12, 2016, as date of public
hearing
20, Resolution approving contract and bond for Water Treatment Plant High Service Pump #3
Replacement Project
21. Resolution approving Change Order No.3 with TEI Construction Services,Inc.,for Power Plant
Fuel Conversion-Mechanical Installation General Work in the amount of$187,984
22. Resolution approving Change Order No. 3 with Integrity Construction for Library Renovation
project in an amount not to exceed$5,750
23. Resolution approving Change Order No. 4 with HPC, LLC,for City Hall Renovation Project,
Phase 2 in the amount of$18,684
24. 2013/14 CyRide Route Pavement Improvements Program#2(Garden Road,GametDrive,Viola
Mae Avenue):
a. Resolution approving Change Order No. I
b. Resolution accepting final completion
25.2011/12 Asphalt Pavement Improvements(Ironwood Court):
a. Resolution approving Change Order No. 1
b. Resolution accepting final completion
26. Resolution accepting partial completion of public improvements and reducing security
requirement for Quarry Estates Subdivision, I"Addition
27. Resolution accepting final completion of 2012/13 Concrete Pavement Improvements Contract
#3 (Lincoln Way Frontage Road)
28.Resolution accepting final completion of 2014/15 Collector Street Pavement Improvements
(West Street and Woodland Street)
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business
other than those listed on this agenda. Please understand that the Council will not take any action
on your comments at this meeting due to requirements of the Open Meetings Law,but may do so at
a future meeting. The Mayor and City Council welcome comments from the public;however,at no
time is it appropriate to use profane,obscene,or slanderous language. The Mayor may limit each
speaker to five minutes.
HEARINGS:
29.Hearing on rezoning ofproperty at 101, 105,and 107 South Wilmoth Avenue from Residential
High Density(RH)with University West Impact Overlay to Residential High Density(RH)and
property at 205 South WihnothAvenue from Residential Low Density(RL)to Residential High
Density(RH) [continued from November 10, 2015,meeting]:
a. Firstpassage ofordinance rezoning property at 205 SouthWilmothAvenue from Residential
Low Density(RL)to Residential High Density(RH)
b. First passage of ordinance rezoning property at 101, 105, and 107 South Wilmoth Avenue
from Residential High Density (RH) with University West Impact Overlay to Residential
High Density(RH)
30, Hearing on Urban Revitalization Plan for South Wilmoth Avenue:
a. First passage of ordinance establishing South Wilmoth Avenue Urban Revitalization Area
b. Resolution approving the Plan
31.Hearing on Water Pollution Control Facility Street Repairs:
a. Resolution approving final plans and specifications and awarding contract to Manatt's,Inc.,
of Ames,Iowa,in the amount of$406,901.48
32. Hearing on rezoning.of property at 516 South 17'Street from Highway-Oriented Commercial
(HOC)to Residential High Density (RH):
11
a. First passage of ordinance
PLANNING&HOUSING:
33. Staff Report on Campustown Facade Program
34. Major Final Plat for Iowa State University Research Park Phase 111, First Addition:
a. Resolution approving Sidewalk Installation Agreement
b. Resolution accepting commitment letter from ISU as financial security for sidewalk
improvements and maintenance of storm water facilities
c. Resolution approving Major Final Plat
PUBLIC WORKS:
35. Staff report on 118/120 Hayward Storm Sewer:
a. Motion providing direction to staff
ELECTRIC:
36.Repair of Unit No. 8 Expansion Joints:
a. Resolution instituting emergency proceedings and authorizing staff to obtain informal bids
and enter into contract
b. Resolution waiving Purchasing Policy requirement for competitive bidding and awarding
contract to Frenzebt of Lexington, North Carolina, in the amount of $680,328, plus
applicable sales taxes to be paid directly by City of Ames to State of Iowa
FINANCE:
37. City Council budget guidelines
ORDINANCES:
38. First passage of ordinance revising Chapter 23pertaining to Bicycle Plans and Bikeways
39. Second passage of ordinance revising side setbacks for S-HM(Hospital-Medical)zoned parcels
on the west side of Duff Avenue(third passage and adoption requested)
40. Second passage of ordinance pertaining to solar energy systems regulations
41. Third passage and adoption of ORDINANCE NO. 4234 rezoning, with Master Plan,property
at 601 and 705 Dotson Drive from Government-Airport(S-GA)to Floating Suburban Residential
Low Density (FS-RL)
COUNCIL COMMENTS:
CLOSED SESSION:
42. Motionto hold Closed Session as provided by Section 21.5(I)c,Cade oflowa,to discuss matters
presently in litigation
ADJOURNMENT:
*Please note that this agenda may be changed up to 24 hours before the meeting time as
provided by Section 21.4(2), Code oflowa.
12
RULES OF ORDER GOVERNING PROCEEDINGS
OF THE CITY COUNCIL
OF THE CITY OF BETTENDORF, IOWA
The following rules are hereby declared the rules of procedure governing the
operation of the City Council of the City of Bettendorf,and exist to provide
guidance for the Council member in participation in the council meeting, and to
clarify the operation of the council meeting.
Rule 1 Regular meetings of the City Council shall be held on the first and
third Tuesdays of each month at 7:00 o'clock p.m. at the Bettendorf
City Hall Council Chambers. Special meetings shall be set at such
times as are necessary or appropriate and may be called by the
Mayor, City Administrator, or Council Committee Chair Person when
the Chair Person has the concurrence of another Council member
and the item Is within the Committee's purview.
Notice of a special meeting shall be given by the Marshal by giving
actual notice to the Mayor and Council when possible to do so, and
by such other means as will reasonably notify the members of the
meeting.
Council meetings may be canceled or changed by a majority of the
members.
Rule 2 For purposes of these rules, the below terms shall be defined as
follows:
Abstain. A statement by the Council member that the Council
member will not vote on the matter at issue, due to actual or
potential conflict of interest. Since an abstention is not a vote,
it cannot be counted in the affirmative on any matter at issue.
Aye. An affirmative vote on any matter at issue.
Marshal. The person responsible for providing notice of Council
meetings and agendas to the Council members. The City
Administrator is hereby designated as the Marshal.
Nay. A vote in opposition to a matter at issue.
12.1
Council Rules
page 2
Parliamentarian. The person designated to resolve Issues of
procedure not covered by these rules, or to interpret procedure
under these rules. The City Attorney is designated as
Parliamentarian. Any person aggrieved of any decision of the
Parliamentarian may appeal the ruling to the Council as a whole.
The ruling of the Parliamentarian may be overturned by a simple
majority of the Council.
Pass. A request by a Council member to withhold that member's
vote on an issue until the remaining Council members' votes are
made.
Present. A statement by the Council member that the member will
not vote on the matter at issue, but wishes it known that the member
is present at the meeting. For purposes of these rules, a vote of
present will be considered a vote in opposition to the matter at issue.
Quorum. A quorum shall be the presence of a simple majority of the
Council (i.e. four members) at any regular or special session.
Sergeant at Arms. The Chief of Police or his designee shall be
designated the Sergeant at Arms, who shall, at the request of the
Mayor, preserve order in the Council Chambers.
Rule 3 At the hour appointed for the meeting of the Council, the Clerk shall
proceed to call the roll of all members marking the absentees and
announcing whether a quorum is present. If a quorum is present,
the Council shall proceed to the business before it.
The City Administrator shall be responsible for preparing an agenda
of the business for the session. All items for the agenda shall be
provided to the City Administrator by Thursday, at 12:00 o'clock
noon, preceding the meeting.
No item shall be added to the agenda less than 24 hours in advance
of the meeting unless there is good cause stated why it is impossible
or impractical to delay the item to the next meeting and the Council
by % vote of the entire Council votes to add the item to the agenda.
Inattentiveness to the Thursday noon deadline shall not constitute
good cause.
12.2
Council Rules
Page 3
An item shall be deleted from the agenda by the person or
committee requesting the item's addition initially at any time prior to
the meeting itself. During the meeting, an item may be removed on
motion and affirmative vote of a majority of the Council members.
Rule 4 The Mayor shall serve as Chairman and preserve order and
decorum.
Prior to speaking, a member shall be recognized by the Mayor.
A member may request permission by either raising an arm or by
saying "Mayor," or "Your Honor."
When two or more members of the Council request recognition, the
Mayor shall name the member who shall be first to speak.
Rule 5 Upon request of the person holding the floor, the Mayor shall request
any other person to cease disruptive behavior.
The Mayor shall be authorized to ask any member to cease or to
limit discussion, or to call the question when it appears further
discussion will not be meaningful.
Rule 6 When a member wishes to present any communication, petition Or
report received by the member from any source, such request shall
be in the form of a motion to refer the matter to the appropriate
standing committee, with a short explanation of the communication,
petition or report.
Rule 7 Each member who shall be present when a question is stated from
the Chair shall vote thereon unless directly interested in the question,
In which case, no vote shall be allowed.
For purposes of this section,."directly interested in the question" shall
be defined as any actual or apparent conflict of interest.
Rule 8 Each motion shall be seconded. The failure to receive a second for
a motion shall preclude debate and vote on the motion. When a
motion is seconded, the second shall be recognized by the Mayor.
Upon the request of any member, a motion shall be reduced to
writing.
12.3
Council Rules
page 4
The member making the motion is hereby authorized to withdraw the
motion at any time prior to vote thereon, regardless of any
subsequent amendment to the motion.
Rule 9 In all cases where a resolution or motion is entered on the minutes of
the Council, the name of the members moving and seconding the
same shall be entered also.
Rule 10 In all cases of the adoption, repeal or amendment of an ordinance,
the ayes and nays shall be taken and entered on the record.
Further, on all motions except motions to refer to committee, the
ayes and nays shall be taken and entered on the record.
Rule 11 When a question is under debate, the only motions in order
shall be:
To adjourn. This motion shall always be in order except when a
member other than the movant is in possession of the floor, when
the members are in the process of voting, when a motion to adjourn
was the last proceeding motion, or when it has been decided that the
previous question shall be taken.
A motion to adjourn cannot be amended and cannot be debated.
The previous question. This motion if passed ends all further
motions and debate and causes the motion being debated to be
voted upon immediately. A motion of the previous question is not
debatable.
To lay on the table. This motion ends debate by resolving to defer
any action or vote on the matter at issue at that time. This motion is
not debatable.
To postpone, indefinitely. This motion shall not be debatable and if
successful, the matter under discussion shall not be taken up again
during the same meeting.
To adjourn to a certain day. This is debatable and if successful
precludes further action on any matter until the meeting date
specified.
12.4
Council Rules
page 5
To amend. This is debatable, and if successful shall amend the
subject matter at issue. However, an amendment to an amendment
to the subject at issue shall not be allowed.
To refer. This is debatable, and if successful shall end the debate
on the item at issue by referring the item to a standing committee,
without causing a vote on the item itself to be taken.
Rule 12 A motion to reconsider the vote on any item may be made at any
time subsequent to the vote at that meeting. A motion to reconsider
being once made and decided in the negative shall not be renewed.
A motion to reconsider must be made by a member who voted in the
majority or by any member who was absent or by any member who
did not vote upon the matter initially considered,
No motion to reconsider a motion to reconsider shall be allowed.
Rule 13 The following standing Committees may exist as committees of the
Council:
Committee of the Whole Finance
Intergovernmental Planning and Zoning
Public Safety Public Works
No item shall be placed on the Council agenda without going through
Committee of the Whole. Items on Committee of the Whole may be
referred to any other Committees of Council for further study and
report back to the Committee of the Whole.
The membership of the standing committees and designation of the
chair of the committees, shall be made by the Mayor. Such
appointments shall be approved by the Council by simple majority.
As needed, the Mayor shall compose a special committee and
appoint members thereto.
The Mayor shall be an ex officio member of all committees.
12.5
Council Rules
page 6
Rule 14 The City Administrator shall forward all papers to the appropriate
committees and officers as soon as possible after the reference has
been made.
Rule 15 In all proceedings to amend or change an ordinance or section
thereof, the proposed amendment shall contain the entire ordinance
or section thereof to be amended or changed, and the former
ordinance or section shall be repealed. In other words, an ordinance
or section shall not be amended by striking out, inserting, or adding
words; but the former ordinance or section shall be repealed and the
new one as amended written out in full and substituted in its place.
Rule 16 These rules may be temporarily suspended by consent of
three-fourths (314's) of the members present, but shall not be
repealed, altered or amended, unless by concurrence of a majority
of all members of the Council.
Rule 17 An appeal from any ruling or decision of the Parliamentarian is
always in order immediately following such ruling, and in such cases
the Mayor shall state to the Council the decision has been appealed
and forthwith submit the appeal to the Council, and the Clerk shall
call the roll, and the decision shall stand, unless a majority of the
members present vote against the ruling.
Rule 18 All questions as to procedure not covered herein shall be determined
under Robert's Rules of Order.
Rule 19 Each regular Council Meeting shall have an item on the agenda
entitled "Public Request of the City"wherein any person may bring to
the Council any request for City action, or ask questions on City
policy or procedure. Depending on only the complexity of the
question, the Mayor shall either ask the appropriate staff person to
respond, or shall direct the Administrator or Administrator's designee
to prepare a written response which shall be given to the person and
shared with the Council.
It is expected that the request of any one person should be able to
be stated within one minute; however, the Mayor may extend the
time a person may speak if doing so will not disrupt the orderly
proceeding of the council in its session. If a person requires
additional time, the Administrator or Administrator's designee shall
be directed to meet with the person, reduce the comment or question
12.6
Council
Rules
page 7
to writing, prepare a response and provide both the question and
response on the consent Agenda (or regular agenda as appropriate)
of the following meeting to receive and file.
All comments or questions received during this portion of the agenda
shall be made with proper decorum. Comments except as outlined
above shall be deemed out of order and shall not be allowed.
Any person may communicate any matter to the Council via written
document. All documents shall be submitted to the City Clerk, who
shall stamp the same "received" and shall place them on the
Consent Agenda for the following regular Council Session to be
received and filed. Any person desiring assistance in preparing a
written statement to the Council may request assistance from the
City Administrator or the Administrator's designee.
Nothing in this rule shall be deemed a restriction on the ability of a
constituent to talk to his or her Council Representative outside the
Council Meeting or to prohibit comment during the public hearing on
the matter subject to such hearing.
COUNCIL RULE 20. Unruly Attendees.
Any person is free to speak to the Council in public forum or at times of
public hearing. At all other times, persons attending council meetings are
expected to conduct themselves with proper decorum. Any person who fails to
relinquish the podium, or engages in loud or boisterous behavior in the Council
chambers, or performs any act which is disruptive to the orderly conduct of
Council business will in the first instance, be asked to sit down and be quiet. If
the person or persons persist, they will be asked to leave. If they fail to leave the
council chambers, the Sergeant at Arms shall take the person into custody, and
arrest the person for Disorderly Conduct (section 19-7 f4) of the City Code) or as
appropriate Harassment of a public official (section 19-4).
12.7
Betten ,.. ,,� od.0
a premier city
Vision
THE CITY OF BETTENDORF IS THE MOST LIVABLE
COMMUNITY WITH RICH EDUCATIONAL, CULTURAL AND
RECREATIONAL OPPORTUNITIES WHERE WE ENJOY
VIBRANT RTVERFRONT AND A GROWING, COMPETITIVE
BUSINESS ENVIRONMENT.
WE TAKE PRIDE IN OUR GREAT COMMUNITY
The Vision Statement for the City of Bettendorf outlines what Bettendorf
wants in the future. Our preferred future is defined in value-based principles
that can guide policies, decisions and operations. The City of Bettendorf is a
Premier City in which to live.
13
BETTENDORF CITY COUNCIL
COMMITTEE OF THE WHOLE
MONDAY, NOVEMBER 16, 2015- 5:00 p.m.
AGENDA
1. OPERATIONAL ITEMS
• Resolution approving the Local Match Resolution for the Hazard
Mitigation Grant Program - City Planner John Soenksen (See Consent
Agenda F)
• Resolution authorizing Staff to start negotiations with Russell
Construction to draft a plan of action for the further development of their
proposal in response to the Town Square RFP- Economic Development
Director Jeff Reiter(See Consent Agenda M)
IL PRESENTATIONS
• Greet and present City Key Chains from Mayor and Council to
approximately 50 clients/guests from John Deere from the Bavarian area
of Germany(approximate arrival 6 p.m.)
Ill. ITEMS ADDED BY MAYOR AND COUNCIL
• Discussion regarding land use change requests during pendency of the
Comprehensive Plan and zoning ordinance rewrite (Discussion Only)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND OTHER APPLICABLE FEDERAL AND
STATE LAWS,ALL PUBLIC HEARINGS AND MEETINGS HELD OR SPONSORED BY THE CITY OF BErTENDORF,
IOWA, WILL BE ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. PERSONS REQUIRING AUXILIARY AIDS
ANDSERVICES SHOULD CONTACT BETTENDORF CITY HALL AT(563) 344-0000 FIVE(5) DAYS PRIOR TO THE
HEARING OR MEETING TO INFORM OF THEIR ANTICIPATED ATTENDANCE. THE REQUIREMENT THAT AN
ORDINANCE BEHEAD THREE TIMES BEFORE PASSAGE MAYBE WAIVED BYCOUNCIL UPON AN AFFIRMATIVE
VOTE OF SIX OF THE SEVEN COUNCIL MEMBERS. THE PUBLIC IS ADVISED TO TAKE NOTE OF THIS PROCESS
AND BE PREPAREDTO SPEAK EITHER FOR OR AGAINSTANY ORDINANCEA T THE TIME OF FIRST READING.
14
CITY OF BETTENDORF CITY COUNCIL MEETING
COUNCIL CHAMBERS— CITY HALL
TUESDAY, NOVEMBER 17, 2015— 7:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION — Given by Reverend Richard Pokora of Redeemer Lutheran
Church
4. AWARDS
2015 Bicycle Friendly Community Bronze Level Award given to the City of
Bettendor( by the League of American Bicyclists presented to the Mayor by
the BBPAC Committee
Governor's Award for Fire Prevention Officer of the Year presented to
Assistant Chief Steve Knorrek by Chief Gerry Voelliger
S. PROCLAMATION — Proclaiming November 26, 2015 a National Day of
Thanksgiving
6. PUBLIC REQUESTS OF COUNCIL.
7. PUBLIC HEARING
Regarding rezoning 4275 Tanglewood Road, Lot 1, Awkerman's First
Addition, A-2 Rural Residence District to R-3 Single- and Two-Family
Residence District, submitted by Ryan and Amy Clark(Case 15-074).
8. ORDINANCE
Council Member Webster to present the first reading of an ordinance
rezoning 4275 Tanglewood Road, Lot 1, Awkerman's First Addition, A-2
Rural Residence District to R-3 Single- and Two-Family Residence District.
9. ORDINANCE
Council Member Baden to present the second reading of an ordinance
rezoning 1838 State Street, from C-3, General Business District to C-4,
Automotive Service District (Case 15-068)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND OTHER APPUCABLE FEDERAL AND STATE LAWS,ALL PUBLIC
HEARINGS AND MEETINGS HELD OR SPONSORED BY THE Cm OF BETTENDORF,IOWA WILL BE ACCESSIBLE TO INDIVIDUALSWTTH
DISABILITIES. PERSONS REQUIRING AUXILIARY AIDS AND SERVICE SHOULD CONTACT BETTENDORF CITY HALL AT(563)344-4000
FIVE(S)DAYS PRIOR TO THE HEARING OR MEETING TO INFORM OF THEIR ANTICIPATED ATTENDANCE.THE REQUIREMENT THAT AN
ORDINANCE BE READ THREE TIMES BEFORE PASSAGE MAYBE WAIVED BY COUNCIL UPON AN AFFIRMATIVE VOTE OF SIX(6)OF THE
SEVEN(7)COUNCIL MEMBERS. THE PUBLIC IS ADVISED TO TAKE NOTE OF THIS PROCESS AND BE PREPARED TO SPEAK EITHER FOR
OR AGAINST ANY ORDINANCE AT THE TIME OF FIRST READING.
16
10. ORDINANCE
Council Member Mohr to present the third and final reading of an ordinance
rezoning the entirety of Maple Glen First Addition, Maple Glen Second
Addition, and Maple Glen 30 Addition, R-3, Single and Two-family Residence
District and R-4, Multi-family Residence District to Planned Unit Development
District(Case 15-069)
11. RESOLUTION
Council Member LaMar to present a resolution appointing Mary Beth Mayne
to the Bettendorf Human Rights Commission.
12. CONSENT AGENDA
13. EXECUTIVE SESSION — Pursuant to Iowa Code Section 20.17(3) for the
purpose of discussing union negotiation strategy. (ADDED TO AGENDA ON
11/17/15 at 9:30 a.m.)
14. ADJOURN
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND OTHER APPLICABLE FEDERAL AND STATE LAWS,ALL PUBLIC
HEARINGS AND MEETINGS HELD OR SPONSORED BY THE CITY OF BETTENOORF,IOWA WILL BE ACCESSIBLE TO INDIVIDUALS WITH
DISABILITIES. PERSONS REQUIRING AUXILARY AIDS AND SERVICE SHOULD CONTACT SETTENDORF CITY HALL AT(553)3L 000
FIVE(5)DAYS PRIOR TO THE HEARING OR MEETING TO INFORM OF THEIR ANTICIPATED ATTENDANCE.THE REQUIREMENTTHAT AN
ORDINANCE BE READ THREE TIMES BEFORE PASSAGE MAY BE WANED BY COUNCIL UPON AN AFFIRMATIVE VOTE OF SIX(6)OF THE
SEVEN(7)COUNCIL MEMBERS. THE PUBLIC IS ADVISED TO TAKE NOTE OF THIS PROCESS AND BE PREPARED TO SPEAK EITHER FOR
OR AGAINST My ORDINANCE ATTHE TIME OF FIRST READING.
16
Administrative Policy No. 07
Subject: City Council Meeting Procedures
ffI Adopted: 01/2x/91 Amended: 04/2003; 1012006: 12/2013,
09/15/2014, 10106/2014
Introduction:
Ordinance No. 566, adopted on March 25, 1927, establishes the rules of conduct for
Cedar Falls City Council meetings and the passage of motions, resolutions and
ordinances.
Purpose:
This policy is intended to describe the steps necessary to comply with the rules of
conduct described by ordinance.
Procedure:
Part I. General Provisions
Rule 1. Scope of rules. These rules shall govern the conduct of the council and
shall be interpreted to insure fair and open deliberations and decision-making.
Rule 2. Applicability of Robert's Rules of Order. In all cases not provided for by
the Cedar Falls code of Ordinances, or not specifically provided for in these rules,
Robert's Rules of Order shall govern all points of order arising during a city councll
meeting, but failure to comply with such rules shall not affect the legality of any action of
the council in any manner or to any extent.
Rule 3. Matters not covered. Any matter of order or procedure not covered by
these rules shall be referred to the presiding officer, who shall decide the matter with the
assistance and advice of the city attorney or his/her representative in conformity with
the purpose of these rules in a fair and expeditious manner. The decision of the
presiding officer may be reversed by a majority vote of the council.
Rule 4. Interpretation. These rules are intended to supplement and shall be
interpreted to conform to the statutes of the State of Iowa and the ordinances of the City
of Cedar Falls.
17
I
Part II. Time and Place of Meeting
Rule 5. Regular meetings. Regular meetings of the Cedar Falls City Council
shall be held the first and third Monday of each month at 7:00 P.M. in the City Hall
Council Chambers, except when Monday falls on a legal holiday, then the meeting shall
be held at the regular hour on the next succeeding day not a holiday, provided,
however, council may, by resolution, reschedule any regular meeting to another date
and time., or may cancel a meeting. All hearings shall be scheduled for 7:00 P.M. the
day of a regular meeting. (Sec. 2-41 (a))
Rule 6. Special meetings. Special meetings may be called by the mayor or by
any four councilmembers. A call for a special meeting shall be filed with the city clerk.
The agenda for the special meeting shall specify the day, hour and subject of the
meeting and shall be posted in City Hall and notice given to the media 24 hours in
advance. (Sec. 2-41 (b))
Rule 7. Quorum. A majority of all members elected to the City Council shall
constitute a quorum for transaction of business. (Sec. 2-42)
Part III. Aoenda
Rule B. Preparation of agenda. Prior to each council meeting the city clerk shall
prepare an agenda that contains all items the council anticipates acting upon at the
meeting. The order of business shall be as follows:
a) Approval of Minutes.
b) Agenda Revisions.
c) Special Presentations, if necessary.
d) Special Order of Business, primarily public hearings and related actions.
e) Old Business.
f) New Business:
1) Non-controversial Calendar.
2) Resolution Calendar.
3) New ordinances that do not require public hearings.
g) Bilis and Payroll.
h) Public Forum.
1) City Council Referrals.
j) City Council Updates.
k) Executive Session, if necessary.
1) Adjoumment.
I
Rule 9. Consent Agenda. In preparing an agenda, the city clerk shall separately
designate items as Non-controversial Calendar or Resolution Calendar, which may be
acted upon by the council under Rule 61. These items shall consist of routine non-
controversial items that in the city clerk's determination can be appropriately considered
18
in bulk at the council meeting or a listing of resolutions which are subject to council
action on that date.
Rule 10. Hearings and Special Order of Business The city clerk shall prepare
as a separate portion of the agenda a schedule of hearings and special presentations or
items of business.
Rule 11. Agenda deadline Any member of the council, the city administrator,
city attorney, city clerk, or departmental director, with the mayor's approval, may have
an item included upon the agenda by requesting the city clerk to include the item by
1:00 P.M. on the Thursday preceding the council meeting. Agendas will be available to
the public at 3:00 P.M. on the Friday preceding the council meeting. Council packets
will be assembled and distributed to councilmembers, department directors, mayor, city
administrator, city attorney and official newspaper by 5:00 P.M. on the Friday preceding
the council meeting, and the public may request copies of materials related to council
items on the Monday of the council meeting during normal office hours unless otherwise
prescribed by public notice.
Rule 12. Extra items. Items requested or filed after 1:00 P.M. on the Thursday
preceding a council meeting shall not be included upon the agenda unless the mayor
shall deem the item of sufficient urgency to warrant immediate council action.
Rule 13. Sponsor required. The city clerk shall not place upon the agenda any
matter for reconsideration unless sponsored by the mayor, a councilmemberwho voted
on the originally prevailing side or a council member who was absent at the time of the
original action (Rules 40, 52 and 53 also address motions to reconsider). The renewal
of a previous motion that is still applicable shall be placed upon the agenda of a
subsequent council meeting upon the sponsorship of any member of the council.
Rule 14. Mavorwithdrawal of items The mayor may withdraw any item prior to
the council meeting, but in withdrawing the item shall state to the council the reason
therefore. An Item withdrawn by the mayor may nonetheless, in the discretion of the
council, be acted upon in its regular order.
Rule 15. Council action to defer. continue or not act A member of the council
may not withdraw any item prior to the start of council meetings, provided however, a
council member wishing council to defer action or continue an item has a right to have a
motion to continue, defer or not act on any item considered before any other action
which council may consider.
Rule 16. Citizen agenda requests. A citizen may request to have an item placed
on the agenda by filing such request in writing with the mayor prior to 1:00 p.m, on the
Thursday preceding the regular council meeting, The mayor may either grant the
request by placing it on the next agenda or deny the request for stated reasons,
conveyed to the citizen. A citizen may utilize the Public Forum portion of the meeting
agenda to raise any issue not on the formal agenda, which issue shall then be governed
79
I
by the rules set forth in Part X.
Part IV. Conduct of Meetings.
Rule 17. Roll call. Before proceeding with the business of the council, the city
clerk shall call the roll call of councilmembers present and enter those names in the
minutes. The city clerk shall determine the presence of a quorum as required by law
and these rules.
Rule 18. Call to order. The mayor or mayor pro tem shall call the meeting to
order at the appointed hour. In the absence of the mayor or mayor pro tem,the city
clerk shall call the meeting to order and a temporary presiding officer shall then be
selected under Rule 19.
Rule 19. Presiding officer. The mayor, or in the mayor's absence or incapacity
the mayor pro tem, shall be the presiding officer at all council meetings. If both the
mayor and mayor pro tem are absent, the most senior council member present shall
preside. In the event two or more members equally possess the greatest seniority, then
the eldest person among them shall preside.
Rule 20. Control of discussion. The presiding officer shall control discussion of
the council on each agenda item to assure full participation in accordance with these
rules.
Rule 21. Mayor to decide question of priority of business. A question relating to
the priority of business shall be decided by the mayor without debate. (Sec. 2-82)
Rule 22. Order required when auestion is being put While the mayor is putting
the question, no one shall walk across or out of the council room. (Sec. 2-83)
Rule 23. Speaking on Questions restricted. No councilmember shall speak more I
than twice on one question before the council without leave of the council, nor more
than once in any case until every member choosing to speak shall have spoken. (Sec.
2-84)
Rule 24. Mayor to recognize speaker. When two or more councilmembers rise
at once to speak at a council meeting, the mayor shall name the member who is to
speak. (See. 2-86)
Rule 25. Calling member to order: appeal. A member of the council called to
order while speaking at a council meeting shall immediately cease speaking unless
permitted to explain. If there is no appeal, the decision of the chair shall be conclusive,
but if the member appeals the decision of the chair, the council shall decide the
question without debate. (Sec. 2-87)
20
Rule 26. Order required while others are speaking. While a member is
speaking, no member shall hold any private discourse. (Sec. 2-88)
Rule 27. Motions to be seconded; when to be written No motion shall be put or
debated unless seconded. When a motion is seconded, it shall be stated by the mayor
before debate and every motion shall be reduced to writing if required by the mayor or
any councilmember. (Sec, 2-89)
Rule 28. Gaining the floor. Every councilmember, previous to speaking, shall
address the mayor, and say, "Mr./Madam Mayor," and shall not proceed with remarks
until recognized and named by the chair. (Sec. 2-85)
Rule 29. Order of consideration of agenda Except as otherwise provided in
these rules, each agenda item shall be considered in the numerical order assigned by
the city clerk. Each agenda Item shall be separately announced by the presiding officer,
or city clerk, for purposes of discussion and consideration. To announce an Rem, it
shall be sufficient to identify the item by the number assigned by the city clerk, unless
greater specificity is requested by some person in attendance. This rule shall not apply
to consideration of items under Rule 61 or Rule 62.
Rule 30. Discussion. A councilmember shall speak only after being recognized
by the presiding officer. A councilmember recognized for a specific purpose shall limit
remarks to that purpose. A councilmember, after being recognized, shall not be
interrupted except by the presiding officer to enforce these rules.
Rule 31. Presiding officer's right to enter into discussion The mayor(or other
presiding officer) may enter into any discussion.
Rule 32. Limit on remarks. Each councilmember shall limit his or her remarks to
a reasonable length.
Rule 33. Presiding officer's right to speak last The presiding officer has the right
to close debate and speak last on any item.
Rule 34. Closing debate. Discussion shall be closed on any item by the
presiding officer with the concurrence of a majority of the council. Except as provided
by Rule 59, a call for the vote shall not close discussion if any member of the council
still wishes to be heard or the presiding officer determines the continued participation of
citizens will be helpful to the council.
Part V. Citizen Participation
Rule 35. Citizen's right to address council Persons other than councilmembers
shall be permitted to address the council only upon items listed on the agenda, unless
excluded under Part X.
21
Rule 36. Manner of addressinq council. A person desiring to address the council
shall step to the podium, state his or her name, address, and group affiliation (if any)
and speak clearly into the microphone.
Rule 37. Time limit on citizen's remarks. Citizens shall be limited to five minutes
speaking time per item, unless additional time is granted by the presiding officer. The
presiding officer will advise the speaker when one minute remains, Total citizen input
on any subject under council consideration can be limited to a fixed period by the
presiding officer. A majority vote of the council may extend the time limitations of this
rule.
Rule 38. Remarks of citizens to be germane. Citizen comments must remain
civil and be directed to the subject under consideration. The presiding officer shall rule
on the germaneness of citizen comments. Citizens making comments that could be
construed to be a personalized attack, impertinent or slanderous remarks towards
another party shall be barred by the presiding officer from further comment before the
council during the meeting.
Part VI. Council Action
Rule 39. Motion required. All action requiring a vote shall be moved by a
member of the council.
Rule 40. Motion to reconsider. A motion to reconsider must be made by a
council member who was on the prevailing side in the original action or by a
councilmember absent at the time of the original action.
Rule 41. Rule 40 of these Rules notwithstanding, when less than seven
members of the council are in attendance at a meeting and an agenda item fails to
receive a majority of affirmative or negative votes of those in attendance, then the
agenda item shall, upon the request of any councilmember in attendance at the
meeting, be placed by the city clerk on the agenda for the next council meeting, and
continued thereafter upon the agenda for subsequent meetings until it shall receive a
majority of affirmative or negative votes of those in attendance. In the event an item
continued under this rule is consideration of an ordinance, the ordinance shall not be
considered to have been read or considered for its first or any subsequent passage un-
less it shall receive four affirmative votes.
Rule 42. Majority vote required for adoption. No resolution or ordinance shall be
adopted without a concurrence of a majority of all of the members of the council by call
of the ayes and nays that shall be recorded. Passage of a motion requires a majority
vote of a quorum of the council, As used in this section, "all of the members of the
council" refers to all of the seats of the council including a vacant seat and a seat where
the member is absent, but does not include a seat where the councilmember declines to
22
vote by reason of a conflict of interest. (Sec. 2-107)
Rule 43. Preferential motions.
Ek) When a question is under debate the only motions in order shall be:
First To adjourn.
Second The previous question.
Third To lay on the table.
Fourth To postpone indefinitely.
Fifth To adjourn to a certain day.
Sixth To refer.
Seventh To amend.
b) Such motions shall be given precedence in the order herein arranged, the first
three (3) to be decided without debate. (Sec. 2-94)
Rule 44. When motion to adiourn is in order. A motion to adjourn the council
shall be in order except:
a) When a member is in possession of the floor.
b) While the members are voting.
c) When adjournment was the last preceding motion.
d) When it is decided that the previous question shall betaken. (Sec. 2-95)
Rule 45. Amendment, debate of motions to adiourn A motion to adjourn simply
cannot be amended, but a motion to adjourn to a given time may be and is open to
debate. (Sec. 2-95)
Rule 46. Puttino the Previous question When a council member desires to
make a motion to cease debate and to proceed to a vote on the pending question, the
member shall make a motion as follows: "Shall the main question be now put?" If this
is carried, all proposed amendments and all further motions and debates shall be
excluded, and the question put without delay. This motion requires a two-thirds vote of
the council members present for it's adoption. (Sec. 2-96)
Rule 47. Debate of motions to table. amendment. A motion to lay a question on
the table simply is not debatable, but a motion to lay on the table and publish, or with
any other condition, is subject to amendment and debate. (Sec. 2-97)
Rule 48. Indefinite postponement of motions When a motion is postponed
indefinitely, it shall not be taken up again during the same meeting. (Sec. 2.98)
Rule 49. Precedence of motions to refer to committee. A motion to refer to a
standing committee shall take precedence over a similar motion for a special
committee. (Sec. 2-99)
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Rule 50. Motions to amend.
a) A motion to amend an amendment shall be in order, but a motion to amend
an amendment to an amendment shall not be entertained. (Sec. 2-100 (a))
b) An amendment modifying the intention of a motion shall be in order, but an
amendment relating to a different subject shall not be in order. (Sec.2-100 (b))
Rule 51. Motions to strike and insert. On a motion to strike out and insert, the
paragraph to be amended shall first be read as it stands; then the words proposed to be
struck out and those to be inserted, and finally the paragraph as it would stand If so
amended. (Sec. 2-101)
Rule 52. When motion may be reconsidered renewal of motion. A motion may
be reconsidered at any time during the same meeting at which the motion was made, or
at the first meeting held thereafter. A motion for reconsideration, being once made and
decided in the negative, shall not be renewed before the next meeting. (Sec. 2-102 (a))
Rule 53. Who may move to reconsider, A motion to reconsider must be made
and seconded by the members who voted on the prevailing side, or by those who were
absent and did not vote upon the motion to be reconsidered. (Sec.2-102 (b) )
Rule 54. Withdrawal of motions. After a motion or resolution Is stated by the
mayor, it shall be deemed to be in the possession of the council, but may be withdrawn
at any time before decision, but if any amendment has been proposed oradopted, it
shall be withdrawn without the consent of the mover of such amendment. (Sec. 2-91)
Rule 55. Duty to vote: conflict of interest. Each councilmember who is present
when a question is stated from the chair of the council shall vote thereon unless he/she
is directly interested in the question, in which case he/she shall not vote. In case any
member refuses to vote when not excused, his/her vote shall be recorded in the
negative. (Sec. 2-93)
Rule 56. Applicability of Robert's Rules of Order. In all cases not herein
provided for, Robert's Rules of Order shall govern all points of order arising not
governed by these rules, but failure to comply with such rules shall not affect the legality
of any action of the council in any manner or to any extent. (Sec. 2-108)
Rule 57. Consent required to suspend amend rules. The foregoing rules may
be temporarily suspended by consent of three-fourths of the councilmembers present,
but shall not be repealed, altered or amended unless by concurrence of two-thirds of all
the councilmembers elected. (Sec. 2-109)
Rule 58. No motions by presiding officer. If the presiding officer is a
councilmember,they shall not make a motion.
Rule 59, Call for vote. At the conclusion of debate, the presiding officer shall call
24
for a vote, provided however, a majority of the council may require a vote at any time by
calling for the question on the issue. If a question in debate contains several distinct
propositions, any member may have the same divided prior to the vote thereon when
the sense of it requires such division. (Sec. 2-92)
Rule 60. Separate consideration. Except as otherwise allowed by these rules,
each agenda item shall be voted upon separately and shall be recorded by the city
clerk.
Rule 61. Action on Consent Agenda. Except as herein provided, the Consent
Agenda comprised of the Non-controversial and Resolution Calendars shall be
considered in bulk and voted upon in single motion or resolution. Each councllmember
shall advise the presiding officer of any matter on the Consent Agenda upon which
he/she wishes to speak or to vote no. At the time of consideration of the Consent
Agenda, the presiding officer shall announce the items upon which councilmembers
have indicated they wish to speak or vote no; items upon which any councilmember
wishes to speak shall be considered separately and not as a portion of any motion
calling for action upon the remainder of the Consent Agenda. The city clerk, on all
matters contained in the Resolution Calendar shall record the yes and no votes on each
item separately as if each item had been moved and voted upon separately. Rule 29
shall not apply here.
Rule 62. Action on multiple items With the consent of a majority of the council,
Rule 60 hereof notwithstanding, the council may consider for voting purposes more than
one item, but in such event the vote upon each item will be separately recorded by the
city clerk noting specific yes or no votes of each councilmember on each item.
Rule 63. Consideration out of order. With the consent of the council, any
agenda item may be considered out of order at the request of a councilmember.
Rule 64. Recording names of moving members The city clerk shall record the
name of the councilmember making each motion. (Sec. 2-90)
Rule 65, Consideration of matters not on agenda. Except as to matters that by
law require the publication of notice before consideration by the council, any member of
the council may, at the close of the regular agenda, bring a matter not on the agenda to
the council's attention. Council may act upon such matter only if it does not conflict with
the Iowa Open Meetings Law or may direct such matter be included upon a later
agenda.
PartVII. Miscellaneous
Rule 66. Motions. At any appropriate place on the agenda, any member of the
council may make a motion for the council to act upon any matter if the motion is
germane to the matter under consideration.
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Rule 67. Applicability of rules. These rules shall apply to the council when
meeting in any form.
Rule 68. Hearings. Any other rule to the contrary notwithstanding, unless
required by statute or necessary to conform to proceedings required for a special
purpose, a hearing shall commence when declared open by the presiding officer and
shall close when closed by the presiding officer or by other formal action of the council.
Rule 69. Informal requests. A member of the council, before or during the
consideration of any matter, or in the course of a hearing, may request and receive
information, explanations or the opinions of the mayor, city administrator, city attorney,
city clerk or any departmental director.
Part VIII. Committee Structure
Rule 70. Appointment of committees' standing committees enumerated. All
standing committees shall be appointed by the mayor and all special committees shall
be appointed by the mayor unless specifically directed by the council. All standing com-
mittees of the council shall be appointed by the mayor annually at the first regular
meeting of the council in January of each year, or as soon thereafter as practicable, and
the first person named on each committee shall be the chair of such committee. The
following shall be the standing committees:
a) Administration.
b) Committee of the Whole:
Except for matters which the Cedar Falls Code of Ordinances, or the express provisions
of these rules, specifically direct be submitted to the Administration Committee, or
except as otherwise directed by the council, It is the desire and intent of the council that
all matters which are referred,or which are to be referred, to a committee of the council,
shall be referred to the council's Committee of the Whole.
Rule 71. Number of committee members.
a) The standing committees of the council shall consist of all seven members,
with the Mayor serving as non-voting chair of the committee of the whole.
b) All special committees shall consist of five members each, unless some
other number is specified. (Sec. 2-62)
Rule 72. Procedure for committees to report. Standing and special committees
of the council to whom references are made, in all cases, shall report in writing the state
of fads, with their opinion, which opinion shall be summed up in the form of an order,
resolution or recommendation, unless otherwise ordered by the council. (Sec. 2-64)
Rule 73. Cftv clerk to forward papers to committees employed. The city clerk
26
shall forward all the papers to the appropriate committees and officers as soon as
possible after the reference shall have been made. (Sec.2-63)
Rule 74. Acceptance of final report discharges special committees On the
acceptance of a final report from a special committee of the council, the committee shall
be considered discharged without a vote, unless otherwise ordered. (Sec. 2-65)
Part IX. Ordinance Adootlon
Rule 75. Ordinances to be Presented in writing All ordinances shall be
presented in writing before being considered by the council. (Sec. 2-103)
Rule 76. Consideration and passage of ordinances Ordinances must be
considered and voted upon for passage at three separate council meetings, unless this
requirement is suspended by a recorded vote of not less than three-fourths of all of the
members of the council. (Sec. 2-104)
Rule 77. Procedure for passage of ordinances The following procedure shall be
followed by the council in the passage of all ordinances:
a) A motion to pass the ordinance upon its first consideration or a motion to
suspend the rules requiring ordinances to be considered at three (3)
separate council meetings.
b) In the event the ordinance is passed upon its first consideration, the
ordinance shall be given the second and third considerations either in
adjourned meetings of the meeting of its passage on first reading, or at
some following special or regular meetings of the council.
c) In the event that a motion to suspend the rules has passed, a motion shall
be made to adopt the ordinance upon its third and final consideration.
d) Upon the passage of the third and final consideration of the ordinance,the
mayor shall declare the ordinance duly passed and adopted.
Rule 78. Contents of amendments to ordinances. An amendment to an
ordinance must specifically repeal the ordinance, or the section, subsection, paragraph,
or subpart to be amended, and must set forth the ordinance, section, subsection,
paragraph, or subpart as amended. (Sec. 2-105)
Part X. Public Participation Procedures
The City of Cedar Falls encourages the attendance and participation of the public
at its meetings. Public participation is permitted through the four following areas
1) A cl izen may address the council during the Public Forum segment of the
agenda regarding any issue not on the agenda that is an issue exclusively
27
related to City operations or business. No formal action on the subject presented
by the citizen may be taken by the council, other than a referral to City staff or a
council committee or placement on an upcoming council agenda, as restricted by
State statute. Public Forum is not to be used as a platform for individuals
running for elected office at any governmental level.
2) A citizen may address the council on any public hearing item specifically listed on
the council agenda during that portion of the public hearing when the presiding
officer is soliciting public input.
3) A citizen may address the council on any item listed under Old or New Business
or under the Non-controversial or Resolution Calendars of the council agenda.
4) A citizen may request an item be placed on the council agenda by filing such a
request in writing with the mayor prior to 1:00 p.m. on the Thursday preceding a
regularly scheduled council meeting. The request shall then be processed in
accordance with Rule 16 of the adopted City Council Meeting Procedures.
However, to avoid violating adopted personnel.policies, Iowa law, and Iowa
collective bargaining laws, employees and collective bargaining groups will not
be recognized to speak about employment related issues during City Council
meetings. Employees and collective bargaining groups should utilize the
processes specifically defined and granted by Iowa Code and adopted City
personnel policies.
Public participation through any of the four areas described above shall be in
compliance with the following rules:
1) A citizen desiring to address the council shall step to the podium, state his or her
name, address,and group affiliation, if applicable, the item of city council
business to which the citizen desires to speak, and speak clearly into the
microphone.
2) Each citizen shall be limited to five minutes speaking time per item, unless
additional time is granted by the presiding officer. The presiding officer will
advise the speaker when one minute remains. Total citizen input on any subject
under council consideration may be limited to a fixed period of time by the
presiding officer. A majority vote of the council may extend the time limitations
imposed by this rule.
3) Citizen comments must remain civil and be directed to the subject under
consideration. The presiding officer shall rule on the germaneness of citizen
comments. Any citizen making comments that could be construed to be a
personalized attack, impertinent, or slanderous remarks towards another party
shall be barred by the presiding officer from further comment before the council
during the council meeting.
4) No issue raised by a citizen under the rules of this Part X shall be debated by the
City Council.
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(Previously#91-0001)
1
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29
PUBLIC PARTICIPATION
CEDAR FALLS CITY COUNCIL MEETINGS
The City of Cedar Falls encourages the attendance and participation of the public at its
meetings. Public participation is permitted through the four following areas;
1) A citizen may address the council during the Public Forum segment of the agenda
regarding any issue not on the agenda that Is an issue exclusively related to City
operations or business. No formal action on the subject presented by the citizen may be
taken by the council, other than a referral to City staff or a council committee or
placement on an upcoming council agenda, as restricted by State statute. Public Forum
Is not to be used as a platform for individuals running for elected office at any
governmental level.
2) A citizen may address the council on any public hearing item specifically listed on the
council agenda during that portion of the public hearing when the presiding officer is
soliciting public input.
3) A citizen may address the council on any item listed under Old or New Business or
under the Non-controverslal or Resolution Calendars of the council agenda.
4) A citizen may request an item be placed on the council agenda by filing such a request
in writing with the mayor prior to 1:00 p.m. on the Thursday preceding a regularly
scheduled council meeting. The request shall then be processed in accordance with
Rule 16 of the adopted City Council Meeting Procedures.
However, to avoid violating adopted personnel policies, Iowa law, and Iowa collective .
bargaining laws, employees and collective bargaining groups will not be recognized to
speakabout employment related issues during City Council meetings. Employees and
collective bargaining groups should utilize the processes specifically defined and granted
by Iowa Code and adopted City personnel policies.
Public participation through any of the four areas described above shall be in compliance with
the following rules:
1) A citizen desiring to address the council shall step to the podium, state his or her name,
address, and group affiliation, If applicable, the item of city council business to which the
citizen desires to speak, and speak clearly into the microphone.
2) Each citizen shall be limited to five minutes speaking time per item, unless additional
time is granted by the presiding officer. The presiding officer will advise the speaker
when one minute remains. Total citizen input on any subject under council consideration
may be limited to a fixed period of time by the presiding officer. A majority vote of the
council may extend the time limitations imposed by this rule,
3) Citizen comments must remain civil andbe directed to the subject under consideration.
The presiding officer shall rule on the germaneness of citizen comments. Any citizen
making comments that could be construed to be a personalized attack,impertinent, or
slanderous remarks towards another party shall be barred by the presiding officer from
further comment before the council during the council meeting.
No issue raised by a citizen under the rules of this Part X shall be debated by the City Council.
"OUR CITIZENS ARE OUR BUSINESS"
30
1. The City of Cedar Falls encourages the attendance and participation by the
public at its meetings.
2. The City Council has the authority to set rules regarding the manner in which
their meetings will be conducted, and the Mayor is obligated to enforce the
meeting rules.
3. In an effort to be fair to everyone desiring to speak, the following rules will be
enforced:
A. A citizen desiring to address the Council shall step to the podium, state their
name, address, and group affiliation, if applicable, and the topic of City
Council business to which they desire to speak.
R. Questions from the speaker will be directed to the Mayor and not to individual
Councilmembers or City staff. Responses to questions posed by the speaker
will be offered by the Mayor when deemed timely and appropriate.
C. The collection of public forum comments is not intended to be a debate
between Councilmembers, City staff,the Mayor, other citizens, or the
speaker.
D. Each citizen shall be limited to five minutes of speaking time.
E. The speaker will be advised when one minute remains.
F. The speaker will again be advised when the five minute time limit has been
reached and will be asked to return to their seat.
G. Citizen comments must remain respectful, civil and be directed to a subject
under the control and jurisdiction of the City.
H. Speakers will be barred from comments that are considered not to be
germane to City business or are considered to be personal attacks or
slanderous remarks towards another party.
I. Public forum shall not be used as a platform for individuals running for elected
office at any governmental level.
J. If the speaker refuses to adhere to these rules and after being requested,
does not terminate behavior in violation of the rules, the Mayor will call for a
motion to recess or adjourn the meeting.
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lof3
AGENDA
CITY OF CEDAR FALLS, IOWA
REGULAR MEETING, CITY COUNCIL
MONDAY, NOVEMBER 16, 2015
TM�y 7:00 PM AT CITY HALL
A. Call to Order by the Mayor,
B. Roll Call.
C. Approval of Minutes of the Regular Meeting of November 2, 2015.
D. Agenda Revisions,
E. Freedom Rock Update.
F. Old Business:
1, Pass Ordinance#2858, amending Chapter 26,Traffic and Motor Vehicles, of the Code of
Ordinances relative to prohibiting parking on certain portions of Bluegrass Circle, upon its third&
final consideration.
G. New Business:
1. Non-wntroversial Calendar:(The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the Council or public requests that a
specific item be considered separately.)
a. Receive and file the Committee of the Whole report of November 2, 2015 relative to the
following items:
(1)Downtown Parking Study Update.
(2)City Administrator Goal Setting Presentation—Richard McAlister.
(3)Bills&Payroll.
b. Receive,file and adopt the Administration Committee report of November 3, 2015 relative to
a Fire Grievance Hearing,
C. Receive andflle the Bi-Annual Report of College Hill Partnership relative to FY16 Self-
Supported Municipal Improvement District(SSMID)Funds&an FY16 Economic
Development Grant.
d. Approve the following special event related requests:
(1)Street closures, Holiday Hoopla, November 27, 2015.
(2)Parking variance, Washington Street, December 3,2015.
(3)Street closures, Santa's Snow Shuffle, December 12, 2015.
e. Approve the following applications for beer permits&liquor licenses:
(1) 18th Street Conoco, 123 East 18th Street, Class C beer&Class B native wine-renewal.
'(2)Cedar Falls Woman's Club, 304 Clay Street, Special Class C liquor-renewal.
(3) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor-temporary
32
20£ 3
transfer(December 4, 2015),
(4)Clarion Inn, 5826 University Avenue, Class B liquor-renewal.
2. Resolution Calendar: (The following Items will be acted upon by roll call vote an a single motion
without separate discussion,unless someone from the Council or public requests that a specific
item be considered separately.)
a. Resolution deleting the pay for two employees, one each in the positions of Equipment
Operator and PT-Assistant Equipment Mechanic In the Public Works&Parks Division.
b. Resolution establishing the pay for a new employee hired in the position of PT-Community
Service Officer I in the Police Operations Division.
c. Resolution establishing the pay for an employee reclassified to the position of Equipment
Operator In the Public Works&Parks Division.
d. Resolution approving and adopting the City of Cedar Falls Employee Health Benefit Plan
Summary Plan Descriptions.
e. Resolution approving and adopting a revised 457 Deferred Compensation Plan Document
for the Cfty of Cedar Falls.
f. Resolution authorizing certification of eligible expenses for reimbursement from the
Downtown, College Hill, Pinnacle Prairie, and Unified Tax Increment Financing Revenues.
g. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing
(TIF) Bond Fund to the Tax Increment Financing(TIF) Fund relative to funding for the Prairie
Parkway Extension Project and legal fees related to the development agreement
amendment in the Pinnacle Prairie Urban Renewal Area.
h. Resolution approving and authorizing an inter-fund loan from the General Fund to the Tax
Increment Financing(TIF)Fund relative to funding for personnel costs to support the
Pinnacle Prairie Urban Renewal projects and planning in the Pinnacle Prairie Urban
Renewal Area.
i. Resolution approving and authorizing an inter-fund loan from the General Fund to the Tax
Increment Financing(TIF) Fund relative to funding for personnel costs to support the
Downtown Urban Renewal projects and planning iri the Downtown Urban Renewal Area.
j. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing
(TIF)Bond Fund to the Tax Increment Financing(TIF) Fund relative to funding for the River
Place Development and Annex legal fees related to the Urban Renewal Plan Amendment
and Developmental Agreement in the Downtown Urban Renewal Area.
k. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing
(TIF)Bond Fund to the Tax Increment Financing(TIF) Fund relative to funding for the West
Viking Road,Viking Road Reconstruction,Highway 58 Corridor Improvements, Highway 58
Pedestrian Bridge, Northern Industrial Park projects and urban renewal legal fees in the
Unified Urban Renewal Area.
I. Resolution approving and authorizing an inter-fund loan from the General Fund to the Tax
Increment Financing(TIF) Fund relative to funding for personnel costs to support the Unified
Urban Renewal projects and planning in the Unified Urban Renewal Area,
m. Resolution approving and authorizing an inter-fund loan from the Street Repair(Local Option
Sales Tax)Fund to the Tax Increment Financing(TIF)Fund relative to funding for Greenhill
33
3 of
Road and the resurfacing of Industrial Park streets in the Unified Urban Renewal Area.
n. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing
(TIF)Bond Fund to the Tax Increment Financing(TIF)Fund relative to funding for legal fees
related to the College Hill Revitalization Plan in the College Hill Urban Renewal Area.
o. Resolution approving and authorizing an inter-fund loan from the General Fund to the Tax
Increment Financing(TIF)Fund relative to funding for personnel costs to support the College
HIII Revitalization Plan in the College Hill Urban Renewal Area.
P. Resolution approving and authorizing submission of the City's FYI Annual Urban Renewal
Report.
q. Resolution approving and authorizing execution of a lease agreement with Black Hawk
County Solid Waste Management relative to the use of certain city-owned property located at
1500 Bluff Street for WasteTrac,an environmental education team.
r Resolution approving and authorizing execution of an Offer to Buy Real Estate and
Acceptance for real estate located in the vicinity of Hudson Road and Ridgeway Avenue
relative to expansion of the Cedar Falls Industrial Park.
S, Resolution approving the Industrial Park Land Acquisition project in the Unified Highway 58
Corridor Urban Renewal Area.
It. Resolution approving and adopting Standard Specifications for Rehabilitation for the Citys
Community Development Block Grant(CDBG)funded Housing Rehabilitation Grant
Program.
U. Resolution approving the Certificate of Completion and accepting the work of Cardinal
Construction, Inc.for the Island Park Beach House Reconstruction Project.
V. Resolution approving the Certificate of Completion and accepting the work of Blacktop
Service Company for the 2015 Seal Coat Project.
W. Resolution approving the Certificate of Completion and accepting the work of Peterson
Contractors, Inc.for the Prairie Parkway Extension Project.
X. Resolution approving and authorizing execution of a Professional Service Agreement with
TEAM Services for a Pavement Distress Investigation relative to Greenhill Village Ninth
Addition.
H. Allow Bilis&Payroll.
I. City Council Referrals,
J. City Council Updates.
K. Public Forum. (Please keep comments under 5 minutes and topics germaneto business of City of Cedar
Falls)
L, Adjournment.
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"Cedar Rapids is a vibrant urban hometown—a beacon for people and businesses
invested in building a greater community now and for the next generation."
NOTICE OF CITY COUNCIL MEETING
The Cedar Rapids City Council will meet In Regular Session on Tuesday, November 17, 2015 at 4:00
PM in the Council Chambers, 3rd Floor, City Hall, 101 First Street SE, Cedar Rapids, Iowa, to discuss
and possibly act upon the matters as set forth below in this tentative agenda. (Please silence mobile
devices.
AGENDA
Invocation
• Pledge of Allegiance
• Proclamations/Presentations
PUBLIC HEARINGS
1. A public hearing will be held to consider granting a change of zone from R-3, Single Family
Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District for
property at 1766 & 1770 Mallory Street SW as requested by Scallon Custom Homes and the
City of Cedar Rapids(Dave Houg). CIP/DID#RZNE-022169-2015
a. First Reading: Ordinance granting a change of zone from R-3, Single Family Residence
Zone District to R-TN,Tradttional Neighborhood Residence Zone District for property at
1766 & 1770 Mallory Street SW as requested by Scallon Custom Homes and the City
of Cedar Rapids.
2. A public hearing will be held to consider the proposed plans, specifications, form of contract
and estimated cost for the Veterans Memorial Stadium Ribbon Message Board project
(estimated cost is$290,000) (Nate Kampman). CIP/DID#31435403
a. Resolution adopting plans, specifications, form of contract and estimated cost for the
Veterans Stadium Ribbon Message Board project.
3. A public hearing will be held to consider the proposed plans, specifications, form of contract
and estimated cost for the 2015 Sidewalk Ramp Improvements project (estimated cost is
$117,079)(Nate Kampman). CIP/DID #3016016-02
a. Resolution adopting plans, specifications, form of contract and estimated cost for the
2015 Sidewalk Ramp Improvements project.
35
4. A public hearing will be held to consider the proposed plans, specifications, form of contract
and estimated cost for the Sanitary Sewers Quadrant Flood Repairs Northeast and
Southeast Linirg Package#7 project (estimated cost is $1,480,000) (Dave Wallace). (Flood)
CIP/DID#SSD102-08
a. Resolution adopting plans, specifications, form of contract and estimated cost for the
Sanitary Sewers Quadrant Flood Repairs Northeast and Southeast Lining Package #7
project.
PUBLIC COMMENT
This is an opportunity for the public to address the City Council on any subject pertaining to
Council action scheduled for today. If you wish to speak, place your name on the sign-up sheet on
the table outside the Counc,7 Chambers and approach the microphone when called upon.
NOTION TO APPROVE AGENDA
CONSENT AGENDA
These are routine items, some of which are old business and some of which are new business.
They will be approved by one motion without individual discussion unless Council requests that an
item be removed for separate consideration.
5. Motion to approve minutes.
6. Resolution rescinding Resolution No. 281-2-92, which established procedures for employee
parking at the Public Works Facility located at 1201 6th Street SW. CIP/DID #PLAN-022195-
2015
7. Resolution rescinding Resolution No. 1418-10-15, which adopted and levied the final
schedule of assessments and provided for the payment thereof for the Edgewood Road SW
from Highway 30 to South of the CRANDIC RR Pavement Improvements project, and
repeating adopting and levying the final schedule of assessments and providing for the
payment thereof for the Edgewood Road SW from Highway 30 to South of the CRANDIC RR
Pavement Improvements project. CIP/DID#301083-00
8. Resolution adopting and levying final schedule of assessments and providing for the
payment thereof for the FY 2015 Sidewalk and Ramp Repair Program — Contract No. 1
project. CIP/DID #3017015-00
9. Resolution adopting expanded boundaries for the Bohemian Viable Business District.
CIP/DID #08865258
10, Resolution authorizing a grant of$45,)00 to Czech Village/New Bohemia Main Street District
for FY16 for operational services. CIP/DID#06421344
11, Resolution authorizing additional reimbursement for an Economic Development Grant
Paymentto J Rettenmaier USA LP in the amount of$79,276. CIP/DID#OB401618
36
Part V Citizen Participation
Rule 16. Citizen's Rieht to Address Council Persons including Council members shall be
permitted to address the Council on topics relevant to Council business during the Public
Comment period of the meeting.
Rule 17. Manner of Addressim Council A member of the public desiring to address the
Council shall sign up to speak before the start of the meeting, stating his or her name,
address, group affiliation (if any) and the agenda topic on which he or she desires to speak.
The presiding officer, or designee, may group related comments. When called upon by the
presiding officer or designee, the person shall step to the lectern, state his or her name,
address, and group affiliation (if any) and speak clearly into the microphone, unless
authorized otherwise by the presiding officer.
Rule 18. Time Limit on a Citizen's Remarks Members of the public shall be limited to five
minutes speaking time at the Public Comment period unless additional time is granted by the
presiding officer. Comments from the public on any one subject under Council consideration
may be limited to a fixed period by the presiding officer,subject to a determination otherwise
by approval of an appropriate motion by Council.
Rule 19. Remarks of Citizens to be Germane Public comments must be directed to the
subject under consideration. Tlie presiding officer shall rule on the germaneness of public
comments. Abusive, personal, impertinent, irrelevant, slanderous or profane remarks, or
loud,threatening,personal or abusive language shall not be allowed.
Persons other than an employee, employee's representative,employee's attorney, or member
of an employee's immediate family will not be allowed to discuss personnel matters
involving city employees.
The Cedar Rapids City Council will not discuss personnel matters regarding an employee
who is represented by an attorney outside the presence of that attorney. The council will not
allow or entertain public comment or discussion of personal matters or other matters trader
consideration by the Civil Service Commission or subject to the Iowa Public Employees
Relation Act.
Part VI Council Action
Rule 20. Motion Required All action requiring a vote shall be moved by a member of the
Council.
Rule 21. Motion to Reconsider A motion to reconsider maybe made by a Council member
and shall require a majority vote of all Council members unless a greater number was
required for the original action.
Rule 22. Call for Vote At the conclusion of debate the presiding officer shall call for a
vote, provided however,a majority of the Council may require a vote at any time.
37
Rule 23. Failure to Vote A member of the city council who fails to vote, for any reason
other than properly abstaining for reasons made clear daring the meeting will be deemed to
have voted with the majority of the votes cast.
Rule 24. Consideration Out of Order With the consent of the Council any Agenda item
may be considered out of order at the request of a Council member.
Rule 25. Recording Names of Moving Members The City Clerk shall record the name of
the Council member making each motion,the second,and the vote of each Council member.
Rule 26. Consideration of Matters Not on the Agenda Except as to matters which by law
require the publication of notice before consideration by the Council, any member of Council
may, at the close of the regular Agenda, bring a matter not on the Agenda to the Council's
attention. Council may act upon such matters or direct such matter be included upon a later
Agenda subject to complying with the open meeting requirements of state law.
Pari VII Miscellaneous
Rule 27. Motions At any appropriate place on the Agenda any member of the Council
may make a motion for the Council to act upon any matter if the motion is germane to the
matter under consideration.
Rule 28. Suspension of Rules These rules or any part hereof, may be suspended for a
specific purpose by a two-thirds majority of the Council.
Rule 29. Hearings Any other rules to the contrary notwithstanding, unless required by
statute or necessary to conform with requirements for a special purpose, a hearing shall
commence when declared open by the presiding officer and shall close when closed by the
presiding officer or by other formal action of the Council.
Rule 30. Informal Requests A member of the Council, before or during the consideration
of any matter, or in the course of a hearing, may request and receive information,
explanations or the opinions of any city employee,or any other person.
Rule 31. Enforcement Any person who makes threatening,abusive,personal,impertinent,
irrelevant, slanderous or profane remarks which disrupt, disturb or otherwise impede the
orderly conduct of the council meeting, or who otherwise engages in any other disorderly
conduct which disrupts, disturbs, or otherwise impedes the orderly conduct of any council
meeting, shall be upon the direction of the presiding officer or a majority of the council,
barred from further attendance at that council meeting. In that event,it would be the duty of
a peace officer, upon the request of the presiding officer, to issue such commands and take
such actions as may be necessary to eliminate the disruptive conduct and restore peace and
order to the proceedings.
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CNC
ATT
CM
169109
RESOLUTION NO. 1018-10-09
WHEREAS, the Cedar Rapids City Council has enacted Resolutions No. 0063-01-
01, 0014-01-06, 0860.06-06, and 1750-12-06 which established the procedural rules
governing City Council meetings, and
WHEREAS, it is the desire of the Cedar Rapids City Council to amend those rules in
certain respects including clarifying when new matters may be placed on a meeting agenda,
and the meaning to be given to a situation where a council member is able to but does not
vote upon a measure and making other non-substantive corrections, and
WHEREAS,the meeting schedule for calendar year 2010 should be established.
NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CEDAR RAPIDS, IOWA as follows:
1. The meeting schedule for calendar year 2010 is shown on Attachment A attached
hereto.
2. Attached hereto is a revised edition of the Procedural Rules of the Cedar Rapids
City Council dated as of the date of this Resolution, and said revision is hereby adopted.
Passed this 14th day of October, 2009.
Voting: Council member Gulick moved the adoption of the resolution; seconded by Council
member McGrane. Adopted,Ayes, Council members Fagan, Gulick, McGrane, Podzimek,
Shay, Shields,Wieneke, Mayor Halloran and Council member Vernon.
�.« � J , Mayor
Attest:
City Clerk
39
Procedural Rules of Cedar Rapids City Council
Part I General Provisions
Rule 1. Scone of Rules These rules shall govern the conduct of the Cedar Rapids City
Council (hereinafter"Council") and shall be interpreted to insure fair and open deliberations
and decision making.
Rule 2. Technical Parliamentary Forms Except as specifically required by applicable law,
Council resolution, or these rules, the Council shall not use any formal points of
parliamentary order,personal privilege,parliamentary inquiry or other technical forms except
as provided in Robert's Rules of Order.
Rule 3. Matters Not Covered Any matter, order or procedure not covered by these rules
shall be referred to the presiding officer, who shall decide the matter with the assistance and
advice of a City Attorney in conformity with the purpose of these rules in a fair and
expeditious manner. The decision of the presiding officer may be reversed by a majority
vote of the Council.
Rule 4. Interpretation These rules are intended to supplement and shall be interpreted to
conform with the statutes of the state of Iowa and the ordinances of the city of Cedar Rapids.
Part 11 Time and Place of Meeting
Rule 5. Regular Meetings Regular meetings of the Council shall be as set forth by City
Council resolution. Council may continue, reschedule, or postpone any regular meeting to
another date and time,or may cancel a meeting.
Rule 6. Special Meetings Special meetings may be called by the Mayor, Mayor Pro Tem
in the Mayor's absence, or by any five council members. A call for a special meeting shall
he in writing and filed with the City Clerk unless the announcement of the special meeting is
made at a regular meeting at which council members are present. The call for the special
meeting shall specify the day, hour, and subject of the meeting and shall be posted on the
bulletin board at City Hall where other official notices are posted.
Rule 7. Ouorum A majority of all members elected to the Council shall constitute a
quorum for transaction of business. Provided however that passage of an ordinance,
amendment, or resolution requires a majority vote of all of the members of the Council
except as otherwise provided by law. Passage of a motion requires a majority vote of a
quorum of the Council.
Part III Agenda
Rule 8. Preparation of Agenda Prior to each Regular Council meeting the City Clerk shall
provide notice thereof as provided for by applicable law. Notice shall include a tentative
Agenda which shall contain all items the Council anticipates acting upon at the meeting.
40
Rule 9. Agenda Deadlines Items are placed on an agenda pursuant to direction by the City
Council.
a. Items proposed for action in furtherance of previous Council direction may be
included upon an agenda by the City Manager, City Clerk, or the City Attorney, or persons
authorized by them, by requesting the City Clerk to include such an item no later than noon
on the Thursday preceding the regular meeting of the Council. Items proposed for discussion
may be submitted until 4:00 p.m. on the day preceding a regular meeting. if the day of the
meeting is changed, then the items must be submitted to the City Clerk by a deadline
specified by the City Clerk. Items to be included for a special meeting must be submitted at
the time the special meeting is called.
b. Agenda items may be placed on an agenda at the direction of any member of the
Council upon concurrence by at least three other council members. When such a member
requests the City Clerk to include an item on an upcoming agenda, the member shall also
provide the names of the other three members who concur as to the items placement on an
agenda.
C. The Council has the final authority with respect to the agendas for its meetings. By
motion,which shall appear on each agenda,the Council will approve the proposed agenda,or
make any changes it deems necessary such as removing any item to be considered, adding
items subject the Iowa Open Meetings Law, or other controlling law, or moving items from
the Consent Agenda to the Regular Agenda.
Part IV Meetings Procedures
Rule 10. Consent Agenda
A. General. The Council will make such use of a Consent Agenda as it sees fit to handle
routine matters which are not controversial and do not need further discussion. Items listed
under the Consent Agenda may be approved with one motion and one Council vote. To
determine whether items are to be placed on the Consent Agenda the following guidelines,
not intended to be exclusive or necessarily applicable in all cases, will apply:
I. The item has previously come before the council for explanation and
discussion with city staff such that additional discussion will be repetitive and
unnecessary.
2. Council has been given typical background supporting documentation
regarding the item in the Council's agenda package.
3. it is reasonable to assume that the Council is in general agreement, or has
reached consensus,that the vote will be to approve the item.
4. The item does not impact more than 10% of the city's annual operational
budget.
5. The item does not have a material impact on the organization.
41
By example, and not limitation, the following items would ordinarily be placed on the
Regular Agenda:
• Annexations
• Ordinances
• Bond Issue Proceedings
• Resolution with respect to the adoption of the Resolution of Necessity (Council
has four options to choose from)
• Items currently on the table(a motion must be made to remove the item from the
table and then a vote is taken on the item)
• Items which are to be discussed and then action(resolution or motion)to be taken
B. Procedure. The City Manager and City Clerk, and other staff as necessary, shall
consult with each other for the purpose of determining the placement of items on the Consent
Agenda. Council consensus may be solicited as necessary. Once an Agenda is posted, an
item may be removed from the Consent Agenda and placed on the Regular Agenda only
upon the passage of a Council motion. The item will be placed on the Regular Agenda and
considered by the Cornual in the order in which it was removed and placed. Staff shall
endeavor to have the Consent Agenda items posted on the television screen during the time
the Council is taking action thereon.
Rule 11. Ordinance Consideration
Unless prohibited by controlling law, rule or regulation, the Council may consider
and act upon an ordinance at the same meeting during which a public hearing was conducted
on said ordinance. The Council will make such use of this procedure as it deems necessary
to handle such routine ordinances as do not appear to be controversial and do not need further
discussion. Similarly, the Council may, as it deems appropriate, combine the second and
third readings of ordinances,as expressly provided for by applicable law..
Rule 12. Presiding Officer The Mayor, or in the Mayor's absence or incapacity,the Mayor
Pro Tem,shall be the presiding officer at all Council meetings. If both the Mayor and Mayor
Pro Tem are absent the Council shall appoint a chair.
Rule 13. Control of Discussion The presiding officer shall control discussion of the
Council on each Agenda item to assure full participation in accordance with these rules.
Rule 14. Order of Consideration of Agenda Except as otherwise provided in these rules,
each Agenda item shall be considered in the order as shown on the Agenda Consent Agenda
items shall be considered with a single motion and vote.
Rule 15. Closing Debate Discussion shall be closed on any item by the presiding officer.
A call for the vote shall not close discussion if any member of the Council still wishes to be
heard or the presiding officer determines the continued participation of citizens will be
helpful to the Council.
42
By example,and not limitation,the following items would ordinarily be placed on the
Consent Agenda:
Payment of bills and payroll
• Purchases of budgeted items
• Beer/liquor/wine applications, transfers,etc.
• Permits and licenses
• Authorizing travel or leave of absences
• Events
• Encroachments
• Accepting Easements
• Preliminary Plats(minor and major)
• Final Plats
• Internal operational or administrative matters
• Accepting maintenance/subdivision bonds and authorizing
paymentlre i mbursement
• Releasing escrow for sanitary sewer bonds and releasing subdivision/sidewalk
bonds
• Releasing security deposits
• Installation of stop signs
• Accepting water mains
• Signature cards for bank accounts/drawdowns for FUD,etc.
• Extending storm&sanitary sewer facilities
• Accepting agreements for private storm water detention
• Appointments to commissions/boards
• Setting public hearing dates
• Accepting deeds
• Authorizing vacation and disposition of interests in real property
• Intent to assess, levy, etc. for nuisance abatement, clean-up, non-payment of
utility bills
• Change orders
• Paving&sidewalk petitions and assessment agreements
• Establishing fees or rates(unless controversial)
• Execution of grant agreements
• Execution of 28E Agreements/intergovernmental matters (IDOT and/or
Federal/CDBG)
Resolution of Necessity (Proposed) in which a public hearing date is also being
set
• Awarding bids for public improvements upon which competitive bidding has
occurred (this would be placed on the `regular agenda" if there were a report of
bid and award during the same meeting)
• Urban renewal/revitalization&TIF activities/economic development
• Condemnation proceedings
43
AGENDA
6:30 P.M. November 24,2015
A Regular Meeting of the City Council of the City of Coralville,Johnson County, IA will be held at City
Hall, 1512 7° Street on Tuesday, November 24,2015 at 6:30 P.M. Live and recorded webcasts of
Coralville City Council Meetings are available online at www.coralville.oro/coralvision.
1. Call to order.
2. Roll call.
3. Approve agenda.
4. Citizen comments for 15 minutes. Additional comments to continue after the consent calendar if
needed. (Please limit to 5 minutes.)
5. CORAL RIDGE APARTMENTS— PUBLIC HEARING
a) Public hearing on proposed local support and Development Agreement for the
construction of the Coral Ridge Apartments Senior Housing Project.
b) Consider resolution approving the use of tax rebates and directing the City to submit
certain documentation to the Iowa Finance Authority for the Coral Ridge Apartments
Project.
Note:This is for providing support and a development agreement with the owner of the old Lantern Park
care facility to construct a senior housing project
6. FORMER POST OFFICE LEASE AGREEMENT
a) Consider resolution setting a public hearing on a proposed Lease Agreement with the
Coralville Ecumenical Food Pantry,for 1002 50 Street.
Note:This 3 year lease is for the former site of the Coralville Post Off-me on the southwest comer of the
Street and 10"i Avenue intersection.The public hearing is December 8, 2015,
7. WASTEWATER AND WATER IMPROVEMENTS COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATIONS
a) Consider resolution approving a Service Agreement with the East Central Iowa Council
of Governments("ECICOG')for preparation of a Wastewater Improvement Community
Development Block Grant("CDBG")Application.
b) Consider resolution approving a Service Agreement with the East Central Iowa Council
of Governments("ECICOG")for preparation of a Water Improvement Community
Development Block Grant("CDBG")Application.
c) Consider resolution approving a Service Agreement with the East Central Iowa Council
of Governments("ECICOG")to develop and carry out a planning and administrative
program for the Wastewater Improvement Community Development Block Grant
("CDBG").
d) Consider resolution approving a Service Agreement with the East Central Iowa Council
of Governments("ECICOG")to develop and carry out a planning and administrative
program forthe Water Improvement Community Development Block Grant("CDBG").
e) Consider resolution setting a public hearing on funding via the Federal Community
Development Block Grant(CDBG) Program for Wastewater Improvements.
f) Consider resolution setting a public hearing on funding via the Federal Community
Development Block Grant(CDBG)Program for Water Improvements.
44
Note: This is for two$800,000.00 Federal Community Development Block Grant Applications for
Wastewater and Water Improvements.The public hearing Is December 22,2015.
8. Parcel#1 and Parcel#2,808 ON 5T4 SECOND ADDITION
a) Ordinance No.2015.1015 An ordinance amending the Coralville Zoning Ordinance, the
same being Ordinance No. 664, as previously amended, rezoning certain property
located within the corporate limits of the City of Coralville,Johnson County, Iowa, and
generally known as Parcel#1, 808 ON 5TH Second Addition from C-3,Commercial Three
District,to C-PUD-1, Commercial Planned Unit Development One District,and Parcel#2,
808 ON 5TH Second Addloon from C-2,Arterial Commercial District,to C-PUD 1,
Commercial Planned Unit Development One District for 3`d and final consideration.
b) Consider resolution approving the preliminary plat for 808 ON 5TH Second Addition,
Coralville, Iowa.
c) Consider resolution approving the final plat far 808 ON ST"Second Addition.
d) Consider resolution approving the C-PUD B Site Plan for Lot 2,808 ON 5TH Second
Addition, Coralville,Iowa.
Note: This property is located on the south west corner of a Street and 6"Avenue the development wilt
consist of a four story building.
9. LOT 1, DOVETAIL ESTATES, PART NINE
a) Ordinance No. 2015-1016 An ordinance amending the Coralville Zoning Ordinance, the
same being Ordinance No.664, as previously amended,rezoning certain property
located within the corporate limits of the City of Coralville, Johnson County, Iowa, and
generally known as Dovetail Estates, Part Nine from C-PUD 1, Commercial Planned Unit
Development One District to R-PUD 2,Residential Planned Unit Development Two
District,for 3`d and final consideration.
b) Consider resolution approving the preliminary plat for Dovetail Estates, Part Nine,
Coralville, Iowa.
c) Consider resolution approving the final plat for Dovetail Estates, Part Nine, Coralville
Iowa.
d) Consider resolution approving the C-PUD B Site Plan for Lot 1 and 2, Dovetail Estates,
Part Nine, Coralville, Iowa.
Note:This development is located at the intersection of Grantview Lane and Grantview Drive.
10. OLD TOWN CORALVILLE—FOURTH ADDITION
a) Building Department Report.
b) Planning&Zoning Commission Report.
c) Consider resolution approving the final plat for Old Town Coralville—Fourth Addition,
Coralville, Iowa.
Note: This plat is located south of Clark Drive and will Include five 3-plexes and one 4-plex in the Old
Town Coralville development.
11. AMENDMENTS TO URBAN RENEWAL PLANS AND AREAS
a) Ordinance No.2015.1017 An ordinance amending Ordinance Nos. 651,706, 96-749,
96-777, 2003-969, 2013-1008, and 2014-1011 providing that General Property Taxes
levied and collected each year on all property located within the 120 Avenue Urban
Renewal Project Area in the City of Coralville, County of Johnson, State of Iowa, by and
for the benefit of the State of Iowa, City of Coralville, County of Johnson, Iowa City
Community School District and other Taxing Districts,be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
45
including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Redevelopment Project(120 Avenue Urban Renewal Area Amendment
No. 10)for P and final consideration.
b) Ordinance No.2015-1018 An ordinance amending Ordinance Nos. 650,679,97-786,
2001-941,2002-95,2005-1014, and 2013-1007 providing that General Property Taxes
levied and collected each year on all property located within the Mall and Highway 6
Urban Renewal Project Area in the City of Coralville, County of Johnson, State of Iowa,
by and for the benefit of the State of Iowa, City of Coralville, County of Johnson, Iowa
City Community School District and other Taxing Districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
Including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Redevelopment Project( Mall and Highway Urban Renewal Area
Amendment No. 5)for 3r°and final consideration.
Note: This sets the base value for the 2n0 building at 808 ON 57H to the 12f Avenue Urban Renewal Area;
and Fount Plaza,the Hawkeye Hotels corporate office and the Hawkeye Harley project to the Mall and
Highway 6 Urban Renewal Area. No additional property was added to these Urban Renewal Areas.
12. FINANCING
a) Consider resolution appropriating payment of certain annual appropriation debt service
instruments and directing the Finance Officer to certify tax increment financing debt to the
Johnson County Auditor,
Note:The City Council is required to determine whether it will appropriate funds for bond payment by
December 1"of each year.
13. INTERFUND TIF LOANS
a) Consider resolution authorizing internal advance payable from Tax Increment Revenue
Fund for Urban Renewal Project Costs.
Note: This is a$75,000.00 advance for financing projects from the Oakdale Urban Renewal Area Tax
Increment Revenue Fund.
b) Consider resolution authorizing internal advance payable from Tax Increment Revenue
Fund for Urban Renewal Project Costs.
Note:This is a$150,000.00 advance for financing projects from the 120 Avenue Urban Renewal Area
Txncrement Revenue Fund.
c) Consider resolution authorizing internal advance payable from Tax Increment Revenue
Fund for Urban Renewal Project Costs.
Note: This is a$1,880,384.00 advance for financing projects from the Mall/Highway 6 Urban Renewal
Area Tax Increment Revenue Fund.
14. FOREVERGREEN BUSINESS PARK RISE PROJECT 2012—LANDSCAPE PACKAGE
a) Motion approving Pay Estimate#3 FINAL to Greg's Lawn and Landscaping of Cedar
Rapids for Forevergreen Business Park RISE Project 2012—Landscape Package:
$1,604.08.
b) Consider resolution accepting the Forevergreen Business Park RISE Project 2012—
Landscape Package as completed.
46
Note:This project completed landscaping along the Forevergreen Business Park RISE Project 2012,
which extended University Parkway east across CRANDIC Railroad to Lot 6, Forevergreen Business Park
Phase VI(site of Sedgwick, Inc.).The retainage due in 30 days is$6,159.62.
15. 12TH AVENUEMOLIDAY ROAD MINI ROUNDABOUT
a) Motion approving Pay Estimate 93 FINAL to J&L Construction,Inc.for 12�
Avenue/Holiday Road Mini Roundabout:$5,597.15.
b) Consider resolution accepting the 12"Avenue/Holiday Road Mini Roundabout as
completed.
Note: This project constructed a mini roundabout at the intersection of 12' Avenue and Holiday Road.
The retainage due in 30 days is$7,257.26.
16. CONSIDER MOTION TO APPROVE CONSENT CALENDAR AS PRESENTED OR AMENDED:
a) Approve minutes for the November 10,2015 Council Meeting.
b) Approve and ratify the State of Iowa 2015 Annual Financial Report.
c) Approve New Class C Beer Permit with Sunday Sales for Hy-Vee#2 Gas: Eff. 01111,
d) Approve Special Class C Liquor License with Sunday Sales for Huhot Mongollan Grill:
Eff. 12/15.
e) Approve payment to Stafford Sports,LLC for Iowa Arena Project consulting fees
(#110215.02):$18,200.00.
f) Approve payment to Ubben Building Supplies,Inc.for5� Street Reconstruction 2015
building materials(#69396): $353.00.
g) Approve payment to HR Green, (nc.for:
1) 5r'Street Improvements 2015(#101334) $795.00
ii) 5"Street Reconstruction over Biscuit Creek(#101360) $12,516.87
Iii) Clear Creek Funding Application Assistance(#101443) $431.00
iv) Biscuit Creek&Clear Creek Planting Plan(#101443) $1,875.00
v) Old Town Trail Connection &Flood Closure(#101279) $271.50
v] Clear Creek South Floodwall-Phase 2(#101349) $17,899.61
h) Approve payment to Veenstra&Kimm, Inc.for:
1) Wastewater Treatment Plan Improvements(#10) $57,600.00
ii) Water Treatment Facility Improvements(#191) $14,280.00
1) Approve payment to the East Central Iowa Council of Governments for Clear Creek
Watershed Management Association administration (#7561):$5,846.00.
j) Approve payment to Shive-Hattery,Inc.for:
1) 5e Street Improvements 2015(#1151030-6) $2,518.00
ii) Forevergreen Road Improvements(#1151030-6) $549.60
iii) University Parkway Extension RISE Project2013(#1132450-10) $1,523.29
k) Approve payment to L&P Concrete,Inc.for 5r'Street Reconstruction over Biscuit
Creek(10/31/15):$2,592,00.
1) Approve payment to Quality Care for 2078 Timber Lane Storm Sewer Repair(#473896):
$845.88.
m) Approve payment to DeLong Construction,Inc.for 304 1"Avenue(Baskey Cabinet)lot
grading(#1):$14,250.00.
n) Approve payment to Mediacom for 5' Street Utilities Underground Conversion (#IA125-
B14-1002-PFC):$177,782.65.
o) Approve payment to Terracon Consultants,Inc,for:
1) 3041°`Avenue formerly Briskey Cabinet(#T707187) $1,047.75
ii) 1"Avenue and 9"Street Entry Wall Sign (#T707187) $961.00
p) Approve payment to Neumann Monson Architects for Brown Deer Patio Expansion
(#9):$6,472.94.
q) Approve payment to Confluence for Northwest Area Design Guidelines(#12271):
$21,670.50.
47
COUNCIL AGENDA,CITY OF COUNCIL BLUFFS,IOWA
REGULAR MEETING,NOVEMBER 23,2015,7:00 PM
COUNCIL CHAMBERS,2"o FLOOR,CITY HALL
209 PEARL STREET
AGENDA
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER
3. CONSENT AGENDA
A. Reading,correction and approval of the November 9,2015 meeting minutes
B. Approval of agenda and tape recording of this proceeding to be incorporated into the
official minutes
C. Resolution 15-302,accepting the work of ABC Electric,Inc.as complete and authorizing
release of the retainage fee after 30 days if no claims are filed in connection with the N.
28th Street Pump Station Telemetry Project(FYI3.13A)
D. Resolution 15-303,accepting the wmk ofD&D Construction w complete and authorizing
the Finance Director to issue the final payment and retainage fee ifno claims are filed in
connection with the Valley View Park Culvert Replacement Project
E. Resolution 15-304,setting a Public Hearing fm December 14,2015,7:00 p.m.for the 3rd
Street Sewer Relocation Project(M 5-15D)
F. Resolution 15-305,setting a Public Hearing for December 14,2015,7:00 p.m.for the
Gifford Road Storm Outfall Project(FY16-08)
G. Resolution 15-306,intent to dispose of City property legally described w the north 1/2 of
Lot 5,Tibbett and Heralds Subdivision,setting a Public Hearing for Dec., 14,2015,7 p.m.
H. Finance Operating Report(September 2015)
1. Fund Balance Activity(September 2015)
I. List of Bills(September 2015)
K Notices of Claim(2)
DISCLAIMER:
Ijyoa plan on offending this meeling and require assistance please notify the
City Clerk's Ofce at(712)328-4616 by Friday,November 20, 2015,5:00p.m.
48
4. PUBLIC HEARINGS
A. Resolution 15-307,approving the Plans,Specifications,Form of Contract and Cost
Estimate for the River's Edge Park Phase 11 Project
B- Resolution 15.308,approving the Certification of Debt and authorizing the Finance
Director to certify the filing of the Certification Report to the County Auditor for
Hawkeye Heights,Original 1983 Downtown Mall,West Broadway,Mid-America
Convention Center,Smith Main,Bluffs Northway,Franklin Avenue and Marketplace
Urban Renewal Areas
C. Resolution 15-317,approving the Annual Financial Report for the City of Council Bluffs
and directing the Finance Director to file said report with the Auditor of State
electronically in advance of the December 1,2015 reporting requirement
5. ORDINANCES ON IST CONSIDERATION
A. Ordinance 6252,to adopted the 2015 Municipal Code of Council Bluffs,Iowa
B. Ordinance 6253,amending the zoning Wrap as adopted by reference in Section 15.02.070,
by rezoning Lots 378 through Lot 382 and the south 112 of the vacated alley abutting,
Belmont Addition,from R-1/Single Family Residential District to C-2/Commercial
District,as defined in Chapter 15.15 and setting a Public Hearing for December 14,2015,
7:00 p.m.
C. Ordinances amending Chapters 13 and 15 of the Municipal Code of Council Bluffs,Iowa,
referencing Electrical Fence Regulations,Security and Permit Fees
C)1) Ordinance 6254,amending Chapter 15.03"Definitions" by adding Section
15.03.27 la."Fence,Electrical security feocc"
C)2) Ordinance 6255,amending Chapter 1524,"Supplemental Use and Site
Development Regulations,by amending Section 15.24.040"Fence Regulations"to
include and address"Fence,electrically charged security"
C)3) Ordinance 6256,amending Chapter 13.16,"Electrical Code"by creating a new
Section"13.16.485"entitled"Fence,electrically charged security"
6. ORDINANCE ON 3RD CONSIDERATION
A. Ordinance 6251,amending the zoning map as adopted by reference in Section 15.02.070,
by rezoning the property legally described as Lot 10,Block 37,Central Subdivision from
R-3/Low Density Residential District to C-2/Commercial District,as defined in Chapter
15.15
7, RESOLUTIONS
A. Resolution 15-309,amending the Bluffs Tomorrow;2030 PI"(Comprehensive Plan)
through the adoption and incorporation of the Mid-City Area-Wide Plan
B. Resolution 15-310,authorizing the Mayor and City Clerk to execute a contract with the
Office of State Archaeologist, University of Iowa for completion of an intensive level
survey and evaluation of the South 8th Street area for a potential historic district
49
C. Resolution 15.311,approving the disposition and redevelopment of 3.0 acres of vacant
land located at 21st Avenue and South 6th Street and the submission of a Low Income
Housing Tax Credit application to the Iowa finance Authority for the project
D. Resolution 15.312,authorizing the Mayor and City Clerk to execute an agreement with
The Scheramer Associates Inc.for engineering services in connection with the Lower
Bennett Rehab,Phase VH Project(PW17.10)
B. Resolution 15-313,authorizing the Mayor and City Clerk to execute an agreement with
Snyder&Associates,Inc.for engineering services in connection with the South Iat Street
Neighborhood Rehab,Phase VB Project(PW I7-12)
F. Resolution 15.314,authorizing the Mayor and City Clark to execute an agreement with
Ehrhart Griffin&Associates for engineering services in connection with the N.27th
Street Rehab,Phase IB Project(PW 17.13)
G. Resolution 15.315,authorizing the Mayor and City Clerk to execute an agreemeat with
Judds Bros.Construction Co.in connection with the Industrial Park Levee Improvements,
Phase 2 Project(FY16-07)
H. Resolution 15-316,authorizing the Mayor and City Clerk to execute an ageeemeut with
HGM Associates Inc.for engineering services in connection with the l Oth Avenue Sewer
Extension Project(P W16.17)
S. APPLICATIONS FOR PERMITS AND CANCELLATIONS
A. New Beer/Liquor/Wine&Outdoor PemutApplication:
1.Puerto Valletta,3312 West Broadway(contingent upon department approval)
9. CITIZENS REQUEST TO BE HEARD
10. OTHER BUSINESS
11. ADJOURNMENT
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THE 2010 CITY COUNCIL RULES OF PROCEDURE
RULE 1. MEETINGS
a. Regular Meetings. At the last regular meeting of each year, the city council
shall pass a resolution establishing meeting dates for the following year. These dates
shall generally be on the 2nd and 4 Mondays of each month at 7:00 p.m. If these dates
fall on a legal holiday or are in conflict with some other event, the meetings shall be held
at the council's discretion.
b. Special Meetings. The city council may, by motion made at a prior council
meeting, agree to hold a special council meeting on a day other than the 2nd or 4'h
Monday of the month for consideration of or action upon particular business, The
purpose of such special meeting and the nature of the business to be considered or
acted upon shall be stated in the motion for special meeting.
Upon the call of order of a special meeting by the mayor, the clerk shall call the
roll, and if a quorum is present, the council may officially conduct a meeting. The
reading of minutes shall be considered at a subsequent regular meeting and there acted
upon. The council may dispense with the consideration of claims and limit the receiving
of communications, petitions, or remonstrances to those pertinent to the subject of the
meeting or purpose adjournment. Upon approving the agenda for the meeting, the
council shall proceed in accordance therewith and the order of business established
therein.
Notice of the time and place of special meetings shall be given to the news
media In accordance with the requirements of Chapter 21 of the Iowa Code.
c. Called Special Meetings. The mayor, with the concurrence of a majority of the
council, or upon the request of a majority of the members of the council, shall call a
special meeting of the members of the council and set such reasonable time for such
meeting as the circumstances warrant. All calls shall be made by the clerk by giving
personal notice of the time of such meeting, or by leaving written notice of the time of
such meeting, or by leaving written notice of the time of such meeting at the residence
or business office of all members. The clerk shall record such notice of service in the
minute book and each member shall subscribe his/her signature to an
acknowledgement of such notice if received. Inability of the clerk to give notice to any
member as herein required shall not invalidate the call or any action taken at such
called meeting.
When a special meeting of the city council shall be called, the purpose or object
of the meeting shall be named In the call, and no other business except that specified
therein shall be transacted at such special meeting except by unanimous consent.
Notice of the time and place of called meetings shall be given to the news media in
accordance with the requirements of Chapter 21 of the Iowa Code. When an
emergency prevents the giving of such notice, the nature of the emergency shall be
stated in the minutes of that meeting,
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d. First Reoular. At the first regular council meeting in January of each year, the
council shall (1) designate an official newsoaoer, and (2) review the Rules of Procedure
of the City Council and make necessary changes if such changes are desired.
e. All Meetings to be Open. All meetings shall be held in the Council Chambers
of the Council Bluffs City Hall building, unless there is a published or posted notice
designating another location.
Informal meetings of the council where no official action will be taken are called
council study sessions. They shall be held at 3:45 p.m, on the day of each regular
meeting as established by council resolution.
All meetings shall be open to the public, unless the council by a two-thirds
affirmative vote of council members present determines that closed session
consideration of some particular topic would be in the public interest. Only those topics
identified in Chapter 21 of the Iowa Code, Official Meetings Open to Public, Section
21.5, shall be considered in closed session. The council shall go into closed session
only upon motion identifying the general nature of the topic to be considered in closed
session. The clerk shall tape record all closed session meetings of the city council and
shall preserve such recordings for at least one year, together with the minutes thereof.
Tape recordings of closed sessions dealing with pending litigation shall be preserved by
the clerk until such litigation has been resolved.
RULE 2. PRESIDING OFFICER
The mayor, or in the absence of the mayor, the mayor pro tem, shall preside. In
the absence of both, the council shall appoint a temporary chairperson who shall
preside. The presiding officer shall preserve strict order and decorum at all meetings of
the council, shall state every question coming before the council, shall announce the
decision of the council on all subjects, and shall decide all questions of order, subject,
however, to an appeal of the council, In which event a majority vote of the council shall
govern and conclusively determine such questions of order, the presiding officer other
than a mayor may vote on all questions.
RULE 3. ORDER OF BUSINESS
At the hour appointed for meeting, the members shall be called to order by the
mayor, or in the absence of the mayor, the mayor pro tem, or in the absence of both, by
the clerk. The clerk shall call the rail, note the absentees and announce whether a
quorum is present. Upon the appearance of the quorum, the council shall proceed to
business which shall be conducted in the order following below.
1. Call to Order
2. Roll Call
3. Approval of Minutes and Agenda
4. Consent Agenda
5, Public Hearings
6. Ordinances for Council Consideration
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7. Resolutions for Council Consideration
8. Mayor's Appointments
9. Receive and File Items
10. Applications for Permits and Cancellations
11. Citizen Letters and Requests to be Heard
12. Other Presentations:
a. by council members- new and old business
b. by the public-new and old business
13, Adjournment
RULE 4. AGENDA FOR REGULAR MEETING
The clerk shall prepare a written agenda for each regular meeting in the order
established in Rule 4, Order of Business.
Applications for permits and licenses, or the renewal thereof, shall be filed with
the clerk ten (10) days in advance of the council meeting at which said applications or
renewals are to be acted upon.
All other matters to be Included in the agenda for submission to the council shall
be filed with the clerk not later than 5:00 p.m, on the Friday ten (10) days prior to the
council meeting at which consideration is desired. In unusual circumstances, an item
may be accepted after the deadline upon the approval of the mayor.
Except for minor matters, no Item of business shall be considered for action by
the council which does not appear on the agenda for the meeting, except for ministerial
matters, or matters of urgent business which requires Immediate action and is so
determined by a majority of the council may be considered by the council whether or not
there is a full membership present. The council will hear all reasonable citizen petitions,
requests, and statements; however, such items which do not specifically appear on the
agenda may be deferred to a future meeting for careful consideration and study If the
council action, other than filing, is required or requested.
The mayor and each council member shall be provided with a copy of the
agenda, minutes of the previous meeting, and any other reports and Information
pertinent to the agenda at least 48 hours prior to each regular meeting,
No matter may be submitted for council action by an administrative official,
department head, or employee unless it has first been presented to the mayor for
inclusion on the agenda.
RULE 5. MINUTES
a. The city clerk shall keep a record of all council meetings, Including study
sessions.
b. Unless a reading of the minutes of a council meeting is requested by a
member of the council, such minutes may he approved without reading if each member
has previously been provided a copy.
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c. The council may, by motion carried by a majority vote, amend the minutes.
Such amending motion shall become a part of the minutes of the subsequent meeting.
RULE 6. RULES OF ORDER
a. Robert's Rules of Order, newly revised, 2000, shall be accepted as an
authority on parliamentary practice on matters not specifically covered and, in case of a
conflict, these rules shall govern.
b. Every member desiring to speak shall address the chair and, upon recognition
by the presiding officer, shall confine himself/herself to the question under debate,
avoiding all personalities and indecorous language.
c. A member, once recognized, shall not be interrupted when speaking, unless it
is to call him/her to order or to vote on a motion to close a debate, or as herein
otherwise provided. If a member, while speaking, is called to order, he/she shall cease
speaking until the question of order is determined and, if in order, he/she shall be
permitted to proceed.
d. A motion to reconsider any action taken by the council must be made at the
meeting at which such action was taken or at the next regular meeting of the council,
and must be made by a member of the council who voted with the prevailing side or
who was not present at the time of the vote, provided that if such motion to reconsider is
passed, then the parties entitled to notice on the original action shall be notified, and the
reconsideration of the action shall be taken at the original meeting or regular meeting
following passage of the motion to reconsider.
e. A council member may request through the presiding officer the privilege of
having an abstract of his/her statement on any subject under consideration by the
council, or the reason for his/her dissent from or support of any action of the council,
entered in the minutes. Such a request may be made at the time of said action or
consideration or at the time of the adoption of said minutes. Unless the council, by
motion, objects such statements shall be entered in the minutes.
f. Cell Phones. Any member of the general public attending a city council
meeting shall turn off or switch to silent mode all cell phones and/or other electronic
communication devices prior to the start of any council meeting. No member of the city
council, the mayor, or city staff will utilize such devices while attending a city council
meeting. An exception to this general rule is that city public safety personnel may utilize
such devices to the extent necessary to perform their duties.
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RULE 7. VOTING
When a roll call vote is taken, a council member must use one of three options
when voting. Those options are:
1. a vote in favor of what is being proposed;
2, a vote against what is being proposed; or
3. abstention.
If a council member determines that he or she must abstain on an issue, that
council member shall notify the rest of the council of said determination, either in writing
or in an open council meeting. Said notice shall state in a general nature the reason for
the need to abstain. So as to avoid any appearance of impropriety, once a council
member has determined that he or she must abstain on an issue, said council member
shall refrain from any further public comment on the issue at the council meeting.
RULE 8. PUBLIC PARTICIPATION —MAINTAINING DECORUM AND ORDER
Any person desiring to address the Council shall first secure the permission or
the presiding officer.
Each person addressing the Council shall give his/her name and address in an
audible lone for the record and, unless further time is granted by the presiding officer,
shall limit his/her address to five (5) minutes, except at a public hearing when the limit
shall be ten (10) minutes. All remarks should be addressed to the council as a body,
and not to any particular council member, any staff member, or any other member of the
public. No person other than the council and the person having the floor shall be
permitted to enter into any discussion, either directly or through a member of the
council, without the permission of the presiding officer. No question shall be asked of a
council member or of any member of the administrative staff except through the
presiding officer.
The presiding officer may, with the acquiescence of a majority of the council,
require any member of the public to yield the floor, to discontinue his/her remarks, or to
cease given activity, if in the judgment of the council that person's actions or remarks
may unduly disrupt the decorum of the proceedings, or create the risk of public
disturbance. If any such person refuses to obey the presiding officer's directive, the
presiding officer may order the person to leave the council meeting.
At study sessions, staff and members or the public may only take part in the
discussion at the request of the mayor or council, and their input shall be limited to
direct responses to questions of a council member or mayor.
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RULE 9. ORDINANES, RESOLUTIONS, MOTIONS AND REPORTS
a. Ordinances, resolutions and other matters or subjects requiring action by the
councll shall be introduced by the city clerk, a member of the council, mayor, or city
attorney.
b. Every ordinance and resolution shall be presented in writing. Upon the vote
on ordinances, resolutions and motions, the ayes and nays shall be recorded. Upon the
request of any member of the council, the vole shall be by roll call of all members of the
council as provided under Rule 2 'Presiding Officer". A majority vote of the total number
of members of the council shall be required for the passage of all ordinances, motions,
resolutions, cancellations of permits and licenses.
c. Readings and Amendment of Ordinances All proposed ordinances shall
have a separate consideration on three different days unless there is a motion to
dispense with the second and/or third consideration and a three-fourths majority of the
council shall so approve. Actual reading of the ordinance shall not be required if written
copies are available or unless two or more members request it. An ordinance may be
amended after first or second consideration and before voting thereon. After voting for
placing the ordinance on third and final consideration or for dispensing with the second
and/or third consideration, the ordinance may not be amended, but shall be voted on for
final passage unless tabled, postponed, or referred to a committee. Any proposed
ordinance not voted on for final passage must be returned to a second consideration
status if It is to be amended. However, if it is determined that an amendment to an
ordinance will lessen its impact on the citizen, an ordinance may be so amended and
passed into law.
d. All ordinances and resolutions shall be filed with the city clerk and made a
part of the minutes. Reports, petitions, and correspondence shall be filed with the city
clerk and made a part of the minutes by reference.
RULE 10. CONDUCT OF CITY EMPLOYEES
a. The mayor may take part in the discussions of the city council and may
recommend to the council such measures as he/she may deem necessary for the
welfare of the people and efficient administration of the affairs of the city. He/She shall
have all the rights, powers, and duties prescribed by Iowa statutes in regard thereto. It
is recognized that the city council is the policy-making body for the city, and the mayor
shall confine his/her discussions at council meetings to statements of fact,
recommendations based on his/her knowledge and experience, and explanations of the
reasons for the same, and any matters pertaining to administration.
b. The city attorney may not take part in the discussions of the city council
except to answer questions directed to him/her, comment on matters involving legal
powers or procedures of the city, and to present factual material to the council,
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c. The above regulations of city employees shall not be construed to limit the
appearance before the city council of any city employee when such appearance is
made as a taxpayer or member of the public, for or against some particular issue under
discussion by the council when such employee has an interest in the outcome thereof.
If an employee's comments are directed to conditions of employment or administrative
policies and procedures, the council may direct the employee to pursue the matter
through normal administrative channels.
RULE 11. WAIVER
By four-fifths consent of all council members, these rules may be waived.
Amendments to Rules of Procedure may be made by four-fifths of the members of the
council.
RULE 12. ADJOURNMENT
A motion to adjourn shall always be In order, shall be considered only after a
second, and shall be decided by majority vote.
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MAYOR: Warren Woods Regular Meeting Agenda
COUNCIL: Randy White, Rich Madison, Gabe City Hall/Restored Depot
Carroll, Marsha Wilson, Dave Wets,Gary Lybarger, Council Chambers
Nancy Loudon Tuesday,November 17,2015
CITY CLERK: Lisa Williamson
CITY ADMINISTRATOR:Mike Taylor 6:00 p.m.
CO-CITY ATTORNEYS:Skip Kenyon&Marion James 11/16/2015 2:19 PM
1. Call Meeting to Order
2. Pledge of Allegiance
3, Roll Call
4. Consideration of Agenda
5. Consider Adoption of the Consent Agenda—NOTE:These items are routine items and will be enacted by one motion
without separate discussion unless a Council member requests an item be removed forseparate consideration.
1. Minutes: November 3,2015—Regular Meeting -
2. Claims&Fund Transfers:
I) Total Claims-$165,459.89
ii) Fund Transfers-$28,088.75
6. Public Forum —the Mayor and City Council welcome comments from the public on any subject pertaining to City
business, including items on this agenda. you are asked to state your name and address for the record and to limit
your remarks to 3 minutes in order that others may be given the opportunity to speak. The Order of Business is at the
discretion of the Chair.No action will be taken. J
7. New Business
1. Motion to Establish Second Reading of Ordinance 16-163 — AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF CRESTON, IOWA, 1996, PERTAINING TO OPERATING A PERPETUAL CARE
CEMETERY
2. Public Hearing to accept public comment on the amendment of Ordinance 16-164 — AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF CRESTON, IOWA, 1996, PERTAINING TO NUISANCES
ENUMERATED
3. Motion to Establish First Reading of Ordinance 16-164 — AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF CRESTON, IOWA,1996, PERTAIN ING TO NUISANCES ENUMERATED
4. Public Hearing to accept public comment on the matter of the Police Department applying for a USDA Grant
to purchase a new squad car
5. Resolution to approve the Police Department making application for a USDA Grant to purchase a new squad
car
6. Resolution to approve 2.2% pay increase for all full-time, non-bargaining personnel that were employed full-
time as of July 1,2014,and part-time library personnel
7. Resolution to special assess mowing nuisance abatement charges due to non-payment by property owners
8. Discussion regarding City website
I) Possible action
9. Resolution to approve hiring Richard Eagan for the Street Department Operator I position, contingent upon
passing required physical
10. Resolution to approve hiring replacement forthe Accounting Manager position
I
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PROCEDURAL RULES OF DES MOINES CITY COUNCIL
Part I_ General Provision
Rule 1. Scope of Rules. These rules shall govern the conduct
of the Council and shall be interpreted to insure fair and open
deliberations and decision making.
Rule 2. Technical Parliamentary Forms Abolished. Except as
specificaily required by these rules the Council shall not use any
formal points of parliamentary order, personal privilege,
parliamentary inquiry or other technical forms.
Rule 3 . Matters Not Covered. Any matter or order or
procedure not covered by these rules shall be referred to the
presiding officer, who shall decide the matter with the assistance
and advice of Corporation Counsel or his or her representative in
conformity with the purpose of these rules in a fair and
expeditious manner. The decision of the presiding officer may be
reversed by a majority vote of the Council.
Rule 4 . Interpretation. These rules are intended to
supplement and shall be interpreted to conform with the statutes
of the State of Iowa and the ordinances of the City of Des Moines,
Part II. Time and Place of Meeting
Rule 5. Regular Meetings. The City Clerk shall prepare an
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annual schedule. of Council meetings and forward it to the City
Council, to adopt by resolution, at least 60 days prior to January
1 of each year_ Regular meetings will begin at 4:30 P.M. in City
Council Chambers . The Council may, by resolution, continue or
postpone any regular meeting to another day and time, or may cancel
a meeting. All hearings shall be scheduled for S: 00 P.M. the day
of a regular meeting.
Rule 6. Special Meetings. Special meetings may be called by
the Mayor or by any four Council Members. A call for special
meeting shall be filed with the City Clerk in written form unless
the announcement of the special meeting is made at a regular
meeting at which all Council members are present. The call for
the special meeting shall specify the day, hour and subject of the
meeting and shall be posted at the door of the City Council
Chambers.
Rule 7 . Quorum. A majority of all members elected to the
City Council shall constitute a quorum for transaction of business.
Part III_ Agenda
Rule B . Preparation of Agenda. Prior to each regular Council
meeting the City Clerk shall publish an Agenda which contains all
items the Council anticipates acting upon at the meeting. The
Council may adopt the agenda as presented, or may amend the agenda
60
as provided by these rules and may adopt the agenda as amended.
Rule 9. Consent Agenda. In preparing an Agenda the City
Clerk shall separately designate items as "Consent Agenda" which
may be acted upon by the Council under Rule 37 . The "Consent
Agenda" shall consist of routine non-controversial items which in
the City Clerk' s determination can be appropriately considered in
bulk at the Council meeting.
Rule 10. Hearings, Permits and License Agenda. The Clerk
shall prepare as separate portions of the Agenda a schedule of
hearings and separate listing of requests for Permits and Licenses.
Rule 11. Agenda Deadline. Any member of the Council, the
City Manager, Corporation Counsel and City Clerk may have an item
included upon the Agenda by requesting the City Clerk to include
the item by 5:00 P.M. on the Wednesday preceding the Council
meeting.
Rule 12. Extra Items. Items requested or filed after 5 ; 00
P.M. on the Wednesday preceding a Council meeting shall not be
included upon the Agenda unless a Council Member shall deem the
item of sufficient urgency to warrant immediate Council action.
These items shall be designated as "Extra" items and will be
considered at the appropriate place on the regular Agenda (prior
to or after a related item) or at the end of the regular Agenda.
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The City Clerk shall record on the item the name of the sponsoring
Council member.
Rule 13. Sponsor Required. The City Clerk shall not place
upon the Agenda any matter for reconsideration unless sponsored by
a Council member who voted on the originally prevailing side or
who was absent at the time of the original action..
Rule 14 . Staff Withdrawal of Items. Only the City officer
requesting the placement of an item on the Agenda may withdraw the
item prior to the Council meeting, but in withdrawing the item
shall state the reason therefore which reason shall be transmitted
to the Council. An item withdrawn by the City Manager, City Clerk
or Corporation Counsel may nonetheless, in the discretion of the
Council, be acted upon in its regular order.
Rule 15. Council Action to Defer, Continue or Not Act. A
member of the City Council shall not withdraw any item prior to
the start of Council meetings, provided however, a Council member
wishing Council to defer action or continue an item has a right to
have a motion to continue, defer or not act on any item considered
before any other action which Council may consider.
Rule 16. Citizen Agenda Requests. Any citizen may request
the right to have an item placed on the Agenda (including a request
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to speak) by filing such request in writing with the City Clerk
prior to 5: 00 P.M. on the Wednesday preceding the Council meeting.
Part IV_ Conduct of Meetings
Rule 17. Roll Call. Before proceeding with the business of
the Council, the City Clerk shall call the roll call of members
present, and enter those named in the minutes. The Clerk shall
determine the presence of a quorum as required by law and these
rules.
Rule 18. Call to Order. The Mayor or Mayor Pro Tem shall
call the meeting to order at the appointed hour. In the absence
of the Mayor or Mayor Pro Tem the City Clerk shall call the meeting
to order and a temporary presiding officer shall then be selected
under Rule 19. The selected temporary presiding officer shall
serve as successor Mayor Pro Tem for the meeting for purposes of
Des Moines City Code Section 2-26 authorized to sign all measures
passed and contracts approved at the meeting.
Rule 19. Presiding Officer. The Mayor, or in the Mayor' s
absence or incapacity, the Mayor Pro Tem, shall be the presiding
officer at all Council meetings . If both the Mayor and Mayor Pro
Tem are absent the most senior Council member present shall
preside. In the event two or more members equally possess the
greatest seniority then the eldest person among them shall preside.
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Rule 20. Control of Discussion. The presiding officer shall
control discussion of the Council on each Agenda item to assure
full participation in accordance with these rules .
Rule 21. Order of Consideration of Agenda. Except as
otherwise provided in these rules, each Agenda item shall be
considered in the numerical order assigned by the City Clerk. Each
Agenda item shall be separately announced by the presiding officer,
or City Clerk, for purposes of discussion and consideration. To
announce an item it shall be sufficient to identify the item by
the number assigned by the City Clerk, unless greater specificity
is requested by some person in attendance. This rule shall not
apply to consideration of items under Rule 37 or Rule 38 .
Rule 22. Discussion. A Council member shall speak only after
being recognized by the presiding officer. A Council member
recognized for a specific purpose shall limit remarks to that
purpose. A Council member, after being recognized shall not be
interrupted except by the presiding officer to enforce these rules.
Rule 23. Presiding Officer's Right to Enter into Discussion.
The Mayor (or other presiding officer) as a member of the Council
may enter into any discussion.
Rule 24 . Limit on Remarks. Each Council member shall limit
his or her remarks to a reasonable length.
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Rule 25. Presiding Officer' s Right to Speak Last. The
presiding officer has the right to close debate and speak last on
any item.
Rule 26. Closing Debate_ Discussion shall be closed on any
item by the presiding officer with the concurrence of a majority
of the Council . Except as provided by Rule 35, a call for the
vote shall not close discussion if any member of the Council still
wishes to be heard or the presiding officer determines the
continued participation of citizens will be helpful to the Council.
Part V. Citizen Participation
Rule 27. Citizen's Right to Address Council. Persons other
than Council Members shall be permitted to address the Council
only upon specific Agenda items.
Rule 2B. Manner of Addressing Council. A person desiring to
address the Council shall step to the podium, state his or her
name, address, and group affiliation (if any) and speak clearly
into the microphone.
Rule 29. Time Limit on Citizen's Remarks . Citizens shall be
limited to five minutes speaking time per item, unless additional
65
time is granted by the presiding officer. Total citizen in-put on
any subject under Council consideration can be limited to a fixed
period by the presiding officer. A majority vote of the Council
may extend the time limitations of this rule.
Rule 30 . Remarks of Citizens to be Germane. Citizen comments
must be directed to the subject under consideration. The presiding
officer shall rule on the germaneness of citizen comments.
Citizens making personal, impertinent, or slanderous remarks shall
be barred by the presiding officer from further comment before the
Council during the meeting.
Rule 31. Matters Not on the Agenda. The Council may in its
discretion allow citizens who wish to raise a matter not an the
Agenda and who have not filed a request under Rule 16 to address
the Council at theend of the regular Agenda.
Part VI. Council Action
Rule 32. Motion Required. All action requiring a vote shall
be moved by a member of the Council.
Rule 33. Motion to Reconsider. A motion to reconsider must
be made by a Council member who was on the prevailing side in the
original action or by a Council Member absent at the time of the
original action. The sponsoring of the reconsideration of a matter
by the Mayor, or other presiding officer, has the effect of a
66
motion to reconsider.
Rule 33A. Rule 33 of these Rules notwithstanding, when less
than seven members of the Council are in attendance at a meeting
and an Agenda Item fails to receive four affirmative or negative
votes then the Agenda Item shall, upon the request of any Council
member in attendance at the meeting, be placed by the Clerk on the
Agenda for the next Council meeting, and continued thereafter upon
the Agenda for subsequent meetings until it shall receive four
affirmative or negative votes. In the event an Item continued
under this rule is consideration of an ordinance, the ordinance
shall not be considered to have been read or considered for its
first or any subsequent passage unless it shall receive four
affirmative votes .
Rule 34 . No Motions by Presiding Officer. DELETED by City
Council Roll Call 99-525 of February 22, 1999.
Rule 35. Call for Vote. At the conclusion of debate the
presiding officer shall call for a vote, provided however, a
majority of the Council may require a vote at any time.
Rule 36. Separate Consideration. Except as otherwise
required by these rules each Agenda item shall be voted upon
separately by electronic means and each separate vote shall be
recorded by the City Clerk.
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Rule 37 . Action on Consent Agenda. Except as herein provided
the "Consent Agenda" shall be considered in bulk and voted upon in
single motion. Each Council Member shall separately note upon a
form provided by the City Clerk any matter on the "Consent Agenda"
upon which he or she wishes to speak or to vote no. At the time
of consideration of the "Consent Agenda" the presiding officer
shall announce the items upon which Council members have indicated
they wish to speak or vote no, the presiding officer shall also
ask if any person in attendance wishes to speak upon any item;
items upon which any Council Member or citizen wishes to speak
shall be considered separately and not as a portion of any motion
calling for action upon the remainder of the "Consent Agenda" .
The City Clerk, on all matters contained in the "Consent Agenda"
shall record the yes and no votes on each item separately as if
each item had been moved and voted upon separately. Rule 21 shall
not apply.
Rule 38. Action to Multiple Items. With the consent of a
majority of the Council, Rule 36 hereof notwithstanding, the
Council may consider for voting purposes more than one item, but
in such event the vote upon each item will be separately recorded
by the City Clerk noting specific yes or no votes of each Council
member on each item.
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Rule 39. Consideration Out of Order. With the consent of
the Council any Agenda item may be considered out of order at the
request of a Council member.
Rule 40. Recording Names of Moving Members. The City Clerk
shall record the name of the Council Member making each motion.
Rule 41 . Consideration of Matters Not on Agenda. Except as
to matter which by law require the publication of notice before
consideration by the Council any member of the Council may, at the
close of the regular Agenda, bring a matter not on the Agenda to
the Council ' s attention. Council may act upon such matters or
direct such matter be included upon a later Agenda.
Part VII. Miscellaneous
Rule 42. Motions_ At any appropriate place on the Agenda
any member of the Council may make a motion for the Council to act
upon any matter if the motion is germane to the matter under
consideration.
Rule 42A. Waiver of Ordinance Readings.
69
A Council member may move the final passage of an ordinance,
with waiver of first or second consideration of the ordinance or
waiver or both, by reciting the following motion.
"Moved by (insert the moving Council member' s name) that
the rule requiring that ordinances must be considered
and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be
suspended; that the first and second consideration and
vote be waived; that the ordinance be placed upon its
final passage and that the ordinance do now pass . "
or may move waiver by reference to the language of this section to
be known as "the waiver rule" .
Rule 43 . Applicability of Rules. These rules shall apply to
the Council when meeting in any form including such times as it
acts as the Board of Health.
Rule 44 . Name of Sponsor on Roll Call . Any time these rules
require an action to be sponsored by a Council member the City
Clerk shall note the name of the sponsoring Council member on the
face of the roll call for said item.
Rule 45. Suspension of Rules. These rules or any part
hereof, may be suspended for a specific purpose by a two-thirds
majority of the Council,
Rule 46. Hearings. Any other rule to the contrary
notwithstanding, unless required by statute or necessary to
conform to proceedings required for a special purpose, a hearing
70
shall commence when declared open by the presiding officer and
shall close when closed by the presiding officer or by other formal
action of the Council .
Rule 47 . Informal Requests. A member of the Council, before
or during the consideration of any matter, or in the course of a
hearing, may request and receive information, explanations or the
opinions of the City Manager, Corporation Counsel, City Clerk or
any City employee.
ADOPTED: June 15, 1987
Roll Call 87-2608
AMENDED: July 6, 1987
Roll Call 87-2935
AMENDED: December 19, 1988
Roll Call 88-5402
AMENDED: April 3, 1989
Roll Call 89-1418
AMENDED: June 26, 1989
Roll Call 89-2786
AMENDED: November 18, 1991
Roll Call 91-4922
AMENDED: January 2, 1996
Roll Call 96-88
AMENDED: November 16, 1998
Roll Call 98-3477
AMENDED: February 22, 1999
Roll Call 99-525
AMENDED: May 9, 2005
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Roll Call 05-1189
Attachment: Electronic Meetings
May 21, 1986
WHEREAS, electronic participation. by absent City Council
members fully comports with. the. policy considerations undefirlylng
Chapter 21 of the Iowa. Code, the, Iowa Legislature's Open Meetings
Law, thepurpose of which. is to assurethat the City's decision
making. occurs in public sessionto which. all members of the, public.
are afforded, participatory access to the extent reasonably'
possible; and.
WHEREAS, there are many issues where because of the statutory
voting requirements, or the importance. of the subjectmatter to
thepublic, it isnecessary or desirable to arrange for
participation of as manyof the council members as possible, even
through a. majority but not all members can, be physically present.
at, the. meeting; NOW, THEREFORE,
BE IT RESOLVED, by the City Councll of the City of Des Moines,
lo wa:
That it shall be the, local. rule, of this City Council to secure
electronic. participation by absent members whenever it. is
physically feasible where such. participation is, necessary or
desirable, because of statutory votingrequirements or the
importanceof the, subject matter to the public._
Moved by Szymoniak to adopt -
FORM APPROVED:
Nelda Barrow. Mickle
Acting Corporation Counsel.
72
RULES OF ORDER GOVERNING PROCEEDINGS
OF THE CITY COUNCIL
OF THE CITY OF BETTENDORF. IOVVA
The following rules are hereby declared the rules of procedure governing the
operation of the City Council of the City of Bettendorf, and exist to provide
guidance for the Council member in participation in the council meeting, and to
clarify the operation of the council meeting.
Rule 1
Regular meetings of the City Council shall be held on the first and
third Tuesdays of each month at 7:00 o'clock p.m, at the Bettendorf
City Hall Council Chambers, Special meetings shall be set at such
times as are necessary or appropriate and may be called by the
Mayor, City Administrator, or Council Committee Chair Person when
the Chair Person has the concurrence of another Council member
and the item is within the Committee's purview.
Notice of a special meeting shall be given by the Marshal by giving
actual notice to the Mayor and Council when possible to do so, and
by such other means as will reasonably notify the members of the
meeting.
Council meetings may be canceled or changed by a majority of the
members.
Rule 2 For purposes of these rules, the below terms shall be defined as
follows:
Abstain, A statement by the Council member that the Council
member will not vote on the matter at issue, due to actual or
potential conflict of interest. Since an abstention is not a vote,
it cannot be counted in the affirmative on any matter at issue,
Aye. An affirmative vote on any matter at issue.
Marshal. The person responsible for providing notice of Council
meetings and agendas to the Council members. The City
Administrator is hereby designated as the Marshal.
Nay. A vote in opposition to a matter at issue.
73
Council Rules
page 2
Rule 3
Parliamentarian. The person designated to resolve issues of
procedure not covered by these rules, or to interpret procedure
under these rules. The City Attorney is designated as
Parliamentarian. Any person aggrieved of any decision of the
Parliamentarian may appeal the ruling to the Council as a whole.
The ruling of the Parliamentarian may be overturned by a simple
majority of the Council.
Pass. A request by a Council member to withhold that member's
vote on an issue until the remaining Council membersvotes are
made.
Present. A statement by the Council member that the member will
not vote on the matter at issue, but wishes it known that the member
is present at the meeting. For purposes of these rules, a vote of
present will be considered a vote in opposition to the matter at issue.
Quorum. A quorum shall be the presence of a simple majority of the
Council (Le. four members) at any regular or special session.
Sergeant at Arms. The Chief of Police or his designee shall be
designated the Sergeant at Arms, who shall, at the request of the
Mayor, preserve order in the Council Chambers,
At the hour appointed for the meeting of the Council, the Clerk shall
proceed to call the roll of all members marking the absentees and
announcing whether a quorum is present. lf a quorum is present,
the Council shall proceed to the business before it.
The City Administrator shall be responsible for preparing an agenda
of the business for the session. All items for the agenda shall be
provided to the City Administrator by Thursday, at 12:00 o'clock
noon, preceding the meeting.
No item shall be added to the agenda less than 24 hours in advance
of the meeting unless there is good cause stated why it is impossible
or impractical to delay the item to the next meeting and the Council
by % vote of the entire Council votes to add the item to the agenda.
Inattentiveness to the Thursday noon deadline shall not constitute
good cause.
74
Council Rules
Page 3
An item shall be deleted from the agenda by the person or
committee requesting the item's addition initially at any time prior to
the meeting itself. During the meeting, an item may be removed on
motion and affirmative vote of a majority of the Council members.
Rule 4 The Mayor shall serve as Chairman and preserve order and
decorum.
Prior to speaking, a member shall be recognized by the Mayor.
A member may request permission by either raising an arm or by
saying "Mayor," or "Your Honor.'
When two or more members of the Council request recognition, the
Mayor shall name the member who shall be first to speak.
Rule 5 Upon request of the person holding the floor, the Mayor shall request
any other person to cease disruptive behavior.
Rule 6
Rule 7
Rule 8
The Mayor shall be authorized to ask any member to cease or to
limit discussion, or to call the question when it appears further
discussion will not be meaningful.
When a member wishes to present any communication, petition or
report received by the member from any source, such request shall
be in the form of a motion to refer the matter to the appropriate
standing committee. with a short explanation of the communication,
petition or report.
Each member who shall be present when a question is stated from
the Chair shall vote thereon unless directly interested in the question,
in which case, no vote shall be allowed
For purposes of this section, ''directly interested in the question" shall
be defined as any actual or apparent conflict of interest.
Each motion shall be seconded. The failure to receive a second for
a motion shall preclude debate and vote on the motion. VVhen a
motion is seconded, the second shall be recognized by the Mayor.
Upon the request of any member, a motion shall be reduced to
writing.
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Council Rules
page 4
Rule 9
Rule 10
The member making the motion is hereby authorized to withdraw the
motion at any time prior to vote thereon, regardless of any
subsequent amendment to the motion.
In all cases where a resolution or motion is entered on the minutes of
the Council, the name of the members moving and seconding the
same shall be entered also.
In all cases of the adoption, repeal or amendment of an ordinance,
the ayes and nays shall be taken and entered on the record.
Further, on all motions except motions to refer to committee, the
ayes and nays shall be taken and entered on the record.
Rule 11 When a question is under debate, the only motions in order
shall be.
To adjourn. This motion shall always be in order except when a
member other than the movant is in possession of the floor, when
the members are in the process of voting, when a motion to adjourn
was the last proceeding motion, or when it has been decided that the
previous question shall be taken.
A motion to adjourn cannot be amended and cannot be debated.
The previous question. This motion if passed ends all further
motions and debate and causes the motion being debated to be
voted upon immediately. A motion of the previous question is not
debatable
To lay on the table. This motion ends debate by resolving to defer
any action or vote on the matter at issue at that time. This motion is
not debatable.
To postpone, indefinitely. This motion shall not be debatable and if
successful, the matter under discussion shall not be taken up again
during the same meeting.
To adjourn to a certain day. This is debatable and if successful
precludes further action on any matter until the meeting date
specified.
76
Council Rules
page 5
Rule 12
To amend. This is debatable, and if successful shall amend the
subject matter at issue. However, an amendment to an amendment
to the subject at issue shall not be allowed.
To refer. This is debatable, and if successful shall end the debate
on the item at issue by referring the item to a standing committee,
without causing a vote on the item itself to be taken,
A motion to reconsider the vote on any item may be made at any
time subsequent to the vote at that meeting. A motion to reconsider
being once made and decided in the negative shall not be renewed.
A motion to reconsider must be made by a member who voted in the
majority or by any member who was absent or by any member who
did not vote upon the matter initially considered.
No motion to reconsider a motion to reconsider shall be allowed.
Rule 13 The following standing Committees may exist as committees of the
Council:
Committee of the Whole Finance
Intergovernmental Planning and Zoning
Public Safety Public Works
No item shall be placed on the Council agenda without going through
Committee of the Whole. Items on Committee of the Whote may be
referred to any other Committees of Council for further study and
report back to the Committee of the Whole.
The membership of the standing committees and designation of the
chair of the committees, shall be made by the Mayor. Such
appointments shall be approved by the Council by simple majority
As needed, the Mayor shall compose a special committee and
appoint members thereto,
The Mayor shall be an ex officio member of all committees.
77
Council Rules
page 6
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
The City Administrator shall forward all papers to the appropriate
committees and officers as soon as possible after the reference has
been made.
In all proceedings to amend or change an ordinance or section
thereof, the proposed amendment shall contain the entire ordinance
or section thereof to be amended or changed, and the former
ordinance or section shall be repealed. In other words, an ordinance
or section shall not be amended by striking out inserting, or adding
words; but the former ordinance or section shall be repealed and the
new one as amended written out in full and substituted in its place.
These rules may be temporarily suspended by consent of
three-fourths (314's) of the members present, but shall not be
repealed, altered or amended, unless by concurrence of a majority
of all members of the Council.
An appeal from any ruling or decision of the Parliamentarian is
always in order immediately following such ruling, and in such cases
the Mayor shall state to the Council the decision has been appealed
and forthwith submit the appeal to the Council, and the Clerk shall
call the roll, and the decision shall stand, unless a majority of the
members present vote against the ruling.
All questions as to procedure not covered herein shall be determined
under Robert's Rules of Order.
Each regular Council Meeting shall have an item on the agenda
entitled "Public Request of the City" wherein any person may bring to
the Council any request for City action, or ask questions on City
policy or procedure. Depending on only the complexity of the
question, the Mayor shall either ask the appropriate staff person to
respond, or shall direct the Administrator or Administrator's designee
to prepare a written response which shall be given to the person and
shared with the Council.
It is expected that the request of any one person should be able to
be stated within one minute; however, the Mayor may extend the
time a person may speak if doing so will not disrupt the orderly
proceeding of the council in its session. If a person requires
additional time, the Administrator or Administrator's designee shall
be directed to meet with the person, reduce the comment or question
78
Council
Rules
page 7
to writing, prepare a response and provide both the question and
response on the consent Agenda (or regular agenda as appropriate)
of the following meeting to receive and file.
All comments or questions received during this portion of the agenda
shall be made with proper decorum. Comments except as outlined
above shall be deemed out of order and shall not be aliowed.
Any person may communicate any matter to the Council via written
document. AH documents shall be submitted to the City Clerk, who
shalt stamp the same "received" and shall place them on the
Consent Agenda for the following regular Council Session to be
received and filed. Any person desiring assistance in preparing a
written statement to the Council may request assistance from the
City Administrator or the Administrator's designee.
Nothing in this rule shall be deemed a restriction on the ability of a
constituent to talk to his or her Council Representative outside the
Council Meeting or to prohibit comment during the public hearing on
the matter subject to such hearing.
COUNCIL RULE 20. Unruly Attendees.
Any person is free to speak to the Council in public forum or at times of
public hearing. At all other times, persons attending council meetings are
expected to conduct themselves with proper decorum. Any person who fails to
relinquish the podium, or engages in loud or boisterous behavior in the Council
chambers, or performs any act which is disruptive to the orderly conduct of
Council business will in the first instance, be asked to sit down and be quiet. If
the person or persons persist, they will be asked to leave. If they fail to leave the
council chambers, the Sergeant at Arms shall take the person into custody, and
arrest the person for Disorderly Conduct (section 19-7 {4} of the City Code) or as
appropriate Harassment of a public official (section 19-4).
79
CITY COUNCIL MEETING
City of Davenport, Iowa
Tuesday, November 24, 2015; 5:30 PM
City Hall, 226 West Fourth Street
NOTE: CHANGE IN DAY OF THIS MEETING ONLY *REVISED November 20, 2015*
I. Moment of Silence
11. Pledge of Allegiance
111. Roll Call
IV. Meeting Protocol and Decorum
V. Approval of Minutes
Approval of the Minutes of the City Council Meeting, November 10, 2015
VI. City Administrator Update
VII, Report on Committee of the Whole
Approval of the Report of the Committee of the Whole. November 18, 2015
VIII. Appointments, Proclamations, Etc.
A. Appointments
Citizens Advisory Committee (new appointment)
Bob Babcock (fills a vacancy)
Sisters Cities Board (reappointments)
Patrick O'Leary
Sana Herb
James Slavens
George Eaton
Dennis Patricio Naranjo Leiva
Dr. John Stachula
IX. Presentations
A. 2015/2016 Snow Plan (Longlett)
X. Petitions and Communications from Council Members and the Mayor
XI. Individual Approval of Items on the Discussion Agenda
1. Second Consideration: Ordinance for Case No. ORD15-01 to amend Title 17.29 of the
Davenport Municipal Code, entitled, Zoning, DDOD Downtown Design Overlay
80
District, regarding the composition and qualifications of the Design Review Board;
and Title 17.45 of the Davenport Municipal Code, entitled Zoning, Sign Regulations,
regarding standards for Dynamic Display Signs. (City of Davenport, petitioner Case
No. ORD15-01). [All Wards]
COMMITTEE RECOMMENDS SUSPENSION OF THE RULES AND PASSAGE ON
SECOND CONSIDERATION
1. Motion for suspension of the rules.
2. Motion for passage of third consideration.
2. Second Consideration: Ordinance for Case LL15-02 for the Local Landmark
Designation of the Oakdale Cemetery located at 2501 Eastern Avenue, pursuant to
the provisions of Chapter 17.23 of the Municipal code of Davenport, Iowa. (Dustin
Oliver on behalf of Oakdale Cemetery, petitioner) [Ward 5].
COMMITTEE RECOMMENDS SUSPENSION OF THE RULES AND PASSAGE ON
SECOND CONSIDERATION
1. Motion for suspension of the rules.
2. Motion for passage of third consideration,
Second Consideration; Ordinance for Case ROW 15-99 for the right-of-way vacation
(abandonment) of 8,889 square feet of public right-of-way known as a 20 foot wide
north -south alley bounded on the south by West 7th Street and on the north by West
81h Street and is located west of Brady Street and East of Main Street. The purpose
of the vacation is to allow for Palmer College to take over the repair and maintenance
of the alley (Palmer College of Chiropractic, petitioner). [Ward 3]
COMMITTEE RECOMMENDS SUSPENSION OF THE RULES AND PASSAGE ON
SECOND CONSIDERATION
1 Motion for suspension of the rules.
2. Motion for passage of third consideration.
4. First Consideration: Ordinance providing for the division of taxes levied on taxable
property in 2016 in the North Economic Development Area, pursuant to Section
403.19 of the Code of Iowa. [Wards 2,6,7,8]
5. Resolution approving modifications to the Stadium Lease Agreement between the
City of Davenport and Main Street Iowa, LLC to include capital improvements to the
ballpark. [Ward 3]
6. Resolution approving the 2015 Davenport Public Transportation Plan containing a new
route structure and authorizing staff to begin operational planning. [Ali Wards]
XII. Approval of All Items on the Consent Agenda
**NOTE: These are routine items and will be enacted at the City Council Meeting by one roll
call vote without separate discussion unless an item is requested to be removed and
considered separately.
81
Community Development
1 Third Consideration: Ordinance for Case No. ROW15-08: Request of 1.H. Mississippi
Valley Credit Union for the vacation (abandonment) of 4.000 square feet of public
right-of-way located immediately west of 4645 Brady Street. [Ward 7]
2 Resolution setting a Public Hearing on the proposed conveyance of vacated public
right-of-way known as Pleasant Street lying east of Clark Street and the eastern
boundary of Ramirez 1st Addition to the City of Davenport. City of Davenport,
Petitioner [Ward 4].
3. Resolution approving the Plans, Specifications, Form of Contract and Estimate of
Cost for the 5th Street Pavers Project. This project will include infrastructure
maintenance and improvements for a total of $400,000 budgeted in CDBG funds.
[Ward 3]
4. Resolution approving Case No. ANX15-01, the annexation of 63.37 acres more or Tess,
of territory located south of Slopertown Road west of the new rail spur serving the
Eastern Iowa Industrial Center. (Greater Davenport Redevelopment Corporation,
Petitioner; Case No. ANX15-OI). [Ward 8 as expanded].
5. Motion approving the Citizens Advisory Committee's recommendations for the
reprogramming of the unspent and unobligated Community Development Block Grant
(CDBG) funds from CDBG Year 40 ending June 30, 2015. [All Wards]
6, Motion approving the local objective for the Community Development Block Grant
program for the Year 42 Annual Action Plan covering July 1, 2016 — June 30, 2017.
[All Wards]
7. Motion to set a Public Hearing for December 2nd, 2015 at 5:30 PM in the Council
Chambers for the purpose of amending the Downtown Urban Renewal Area Plan.
[Ward 3]
Public Safety
1. Motion approving beer and liquor license applications.
A. New license, new owner, temporary permit, temporary outdoor area, location
transfer, etc. (as noted):
Ward 6
Homewood Suites (Davenport Lodging Group LLC) - 4750 Progress Dr. License
Type: B Wine/Native Wine
B. Annual license renewals (with outdoor area renewals as noted):
Ward 1
Sub Express & Gas (Janki Food Mart Inc.) - 4307 W Locust St. - License Type: E
Liquor I C Beer 1 B Native Wine
82
Ward 3
Danceland (Danceland Ltd.) - 501 1/2 W 4th St. - License Type: 0 Liquor
Kilkenny's Pub & Eatery (Kilkenny's Pub Inc.) - 300 W 3rd St. - License Type: C
Liquor
Mac's Tavern (Failte I nc.) - 316 W 3rd St. - Outdoor Area - License Type: 0 Liquor
The New Wooden Nickel Inc. (The New Wooden Nickel Inc.) - 2042 W 3rd St. -
License Type: 0 Liquor
Ward 4
Cozy Mart Inc. (Cozy Mart Inc.) - 2920 W Locust St. - License Type: E Liquor
Hilltop Grocery (Hilltop Grocery LLC) - 1312 Harrison SL - License Type: E Liquor / C
Beer/ B Native Wine
Ward 5
Aldi Inc. #15 (Aldi inc.) - 1702 Brady St. - License Type; C Beer
o Mart (Bethany Enterprises Inc.) - 3545 Eastern Ave. - License Type: Beer
Stickmans (Stickman's Inc.) - 1510 Harrison St. - Outdoor Area - License Type:
Liquor
Ward 6
Red Lobster #0133 (Red Lobster Restaurants LLC) - 3420 East Kimberly Rd. -
License Type: C Liquor
Ward 7
Bley's Tap (JBCW LLC) - 215 East 29th St. - License Type: C Liquor
Rivals Sports Bar and Grill (Rivals Sports Bard and Grill LLC) - 1720 E Kimberly Rd. -
License Type: 0 Liquor
Ward 8
Davenport Ch. Izaak Walton League of America (Davenport Chapter IWLA) - 8402 N
Harrison St. - Outdoor Area - License Type: 0 Liquor
Public Works
First Consideration: Ordinance amending Schedule XIII of Chapter 10.96 entitled "7 -
Ton Truck Restrictions" by adding W. 65th Street from Western Avenue to the
frontage road west of Brady Street. [Ward 8]
83
2. Resolution accepting the FY2015 Fulton Court Storm Sewer Separation Project CIP
Project #10143. [Ward 5]
3. Resolution accepting the demolition of the former Dock Restaurant, CIP Project
#10778. [Ward 3]
4. Motion approving a deductive Change Order to Treiber Construction in the amount of
(-)$58,000 for the Central Fire Station Addition and Renovation, CIF Project #02348,
Treiber is no longer able to provide concrete polishing and will be added to Tricon's
contract. [Ward 3]
5. Motion approving a change order to Tricon Construction Group in th e amount of
$58,000 for the Centra i Fire Station Addition and Renovation, CIP Project #02348.
This amount for concrete polishing at Central Fire Station, was deducted from
Tneber's contract and has been added to Tricon's contract. [Ward 3]
6. Motion granting permission to Geneseo Communications Services, Inc. to install a
buried communications system in the City Right -of -Way along Division Street from
12° Street to 16th Street, along 16th Street to Sturdevant Street and along Sturdevant
Street to Locust Street, Agreement Reference No. 2015-F12. [Ward 4]
Finance
1. Resolution authorizing and approving a Sewer Revenue Loan and Disbursement
Agreement and providing for the issuance and securing the payment of
$5.781,106.70 Sewer Revenue Improvement and Refunding Bond, Series 2015. [All
Wards]
2. Resolution approving an internal advance to the Tax Increment Fund for Administrative
Costs. [All Wards]
3. Motion approving payment of $132,277.63 to Tyler Technologies, Inc. of Falmouth,
ME for the support and maintenance of the Munis software system for the period of
11/1/15 through 10/31/16. [All Wards]
4. Motion awarding a professional services contract for the Compost Facility reroofing
project to Bracke, Hayes, Miller, Mahon Architects LLP of Davenport, IA in the amount
of $50,000. [Ward 1]
5. Motion awarding the purchase of a sewer jetter with chassis to Municipal Pipe Tool
Company LLC of Davenport in the amount of $226,354. [Al] Wards]
6. Motion awarding the purchase of four buses from the Iowa DOT Contract to Gillig LLC
of Hayward, CA in the amount of $1.639,636. [All Wards]
XIII. Other Ordinances, Resolutions and Motions
1. Motion to set a public hearing for the purpose of considering the approval of an
economic development agreement for assistance with Putnam Landlord, LLC.
XIV. Public with Business
PLEASE NOTE: At this time individuals may address the City Council on any matters of
City business. This is not an opportunity to discuss issues with the Council members or get
information. In accordance with Open Meetings law. the Council can not take action on any
84
complaint or suggestions tonight, and can not respond to any allegations at this time.
Please state your Name and Ward for the record. There is a five (5) minute time limit.
Please end your comments promptly.
XV. Reports of City Officials
XVI. Adjourn
85
From: Kevin Firnstahl
To: Lindahl, Barry
Date: 11/23/2015 11:20 AM
Subject: Re: Agenda
Attachments: Iowa City 2015-11-10 Agenda.pdf
Iowa City meets on Tuesdays. The agenda is noted as special session because they rescheduled the
regular session due to the election.
had a conversation with City Clerk Marian Karr.
Iowa City sends their packet to Council and the public simultaneously at 3 p.m. on Thursday prior. A late
addition packet is then sent out on Monday prior that includes anything received from the public/changes_
She said the extra business day helps.
Iowa City puts "community input" (for non -agenda items) on their agenda twice. Once after consent items
and only until 8:00 p.m. (about 30-40 minutes max with the 5 -minute rule and there is no discussion by
council). Community Input is then continued at the end of the meeting. This addressed the transportation
issues and work schedules. Iowa City also allows comment on action items similar to public hearings.
They also have work sessions prior to the regular meeting where the agenda is discussed with no
decisions made. Any questions can be answered by staff or information prepared for the regular meeting.
Marian indicated that there is still an expectation by the public that they can speak at work sessions and
that a vote can be taken.
»s Barry Lindahl 11/23/2015 9:25 AM »»
Can you get me a copy of the most recent Iowa City council agenda
86
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
�� Iowa City tip
,,, t- City Council Agenda ---ii �!•�
Azi.A/ 4fograkoe Special Formal CITY OF IOWA CITY
,g -/- .,,.November 10, 2015 - 7:00 p.m.
,lam Baa, . , City Hall -- Harvat Hall
E 410 E. Washington Street
_
:_ www.icgov.org
ITEM 1. CALL TO ORDER.
ITEM la Roll Call
ITEM 2. STUDENT LEADERSHIP AWARDS — Hoover Elementary
ITEM 2b James Tinkham
ITEM 3. PROCLAMATIONS,
ITEM 3a National Native American Heritage Month - November (' f
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 4a(1) October 20 Special Formal Official & Complete
ITEM 4a(2) October 20 Work Session
ITEM 4a(3) October 20 Regular Formal Official & Complete
ITEM 4b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 4b(1) Board of Adjustment — September 14
ITEM 4b(2) Housing and Community Development Commission — September 17
ITEM 4b(3) Human Rights Commission — September 16
ITEM 4b(4) Library Board of Trustees — September 24
ITEM 4b(5) Parks and Recreation Commission — September 9
ITEM 4b(6) Panning & Zoning Commission — October 1
ITEM 4b(7) Tefecommunications Commission — September 28
ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 4c(1) Class C Liquor License for Brixco., LLC, dba Brix, 209 N. Linn St.
ITEM 4c(2) Class B Liquor License for Posh Hotel LLC, dba Clarion Highlander Hotel
& Conference Center, 2525 N. Dodge St,
ITEM 4c(3) Special Class C Liquor License for Filmscene, dba Filmscene, 118 E.
College St., Suite 101
ITEM 4c(4) Class E Liquor License for Fareway Stores, Inc„ dba Fareway Stores,
Inc., #304, 2765 Commerce Dr.
ITEM 4c(5) Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores,
Inc., #950, 2530 Westwinds Dr.
87
November 10, 2015
ITEM 4c(6)
ITEM 4c(7)
ITEM 4c(8)
/5--.34/1
New
ITEM 4c(9)
City of Iowa City Page 2
Class E Liquor License for Reif Oil Company, dba Iowa City Fast Break,
2580 Naples Ave.
Class B Native Wine Permit for Van Hook Custom Homes, LLC, dba
Sweets and Treats, 201 S. Clinton St., Suite 181
Resolution to issue Dancing Permit for Posh Hotel, LLC., dba Clarion
Highlander Hotel & Conference Center, 2525 N. Dodge St.
Five Day Class C Liquor License for Iowa City Downtown District dba
Iowa City Downtown District, 200 Block of Dubuque St., Black Hawk Mini
Park
ITEM 4d. Resolutions and Motions:
ITEM 4d(1) DOWNTOWN HOLIDAY MARKET - RESOLUTION APPROVING
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY
DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE,
ITEM 4d(2)
ITEM 4d(3)
CONSUMPTION, AND POSSESSION OF ALCOHOL DURING THE
DOWNTOWN HOLIDAY MARKET.
Comment: Section 4-5-3 of the City Code allows for the sale and
consumption of alcohol in a city park, on a right-of-way, or other public
ground, excluding public buildings, pursuant to written agreement. The
agreement, which is attached to the resolution, allows the Iowa City
Downtown District to sell alcohol in Black Hawk Mini Park on December
12 during the Downtown Holiday Market.
MERCER PARK PLAYGROUND REPLACEMENT - RESOLUTION
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE MERCER PARK PLAYGROUND
REPLACEMENT PROJECT.
Comment:' Bids for Ibis project -were opened on Wednesday, November
4, 2015, Staff is reviewing the bi and a rec?mmendation for award will
be presented toCouncile , t the CoCo icil meetion Tuesday, November
10th, The budg6't for the 'project includes $150, 00 in GO Bonds and
$64,855 in parkland dedication fees.
2015 SANITARY SEWER REHABILITATION - RESOLUTION
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION
PROJECT.-�'
Comment: Bids for this projebltf e opened on Tuesday, November 10,
2015. Staff will revie -IIS b bids a recommendation for award will be
presented to Cq,u at the Council meeting on Tuesday, November 10th.
The estimated cost of construction is $300,000 and will be funded with
Wastewater revenues.
88
� rmosimpqr
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ITEM 4d(3) 2015 SANITARY SEWER REHABILITAT ON - RESOLUTION AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
/5-391-5 ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 SANITARY SEWER
REHABILITATION PROJECT.
(REVISED) Comment: Bids for this project were opened on Tuesday, November 10,
2015, and the following bids were received:
Municipal Pipe Tool Hudson, IA $ 215,368.70
Hydro -Kean Des Moines, IA $ 215,946.02
Visu-Sewer Pewaukee, WI $ 256,568.35
SAK Construction O'Fallon, MO $ 305,557.25
Engineer's Estimate $ 300,000.00
Public Works and Engineering recommend award of the contract to Municipal Pipe Tool
of Hudson, IA. The project will be funded with Wastewater revenues
89
REVISED [Highlighted in yellow]
ITEM 4e(8) HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE
COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I
URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED
BY HSI, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND
DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT
FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HSI,
L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE
SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED
CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS.
Comment: In 2013, the City entered into a purchase agreement with Hieronymus
Square Associates (k/n/a HSI, L.L.C,) for the City -owned parcel of undeveloped
land north of the Court Street Transportation Center. The developer intends to
develop the property as part of the site identified for the University of Iowa
Museum of Art, and, as such, administrative delays caused the contingency
deadline to pass without satisfaction of those contingencies. Thus, the 2013
purchase agreement is no longer in effect. HSI remains committed to this project,
however, and thus has submitted a new offer on this land. Because this property
is located within the city -University Project I Urban Renewal Area, the City is
required to seek competing proposals prior to acceptance of the offer. This
resolution establishes that competitive process and indicates the City's intention
to accept the HSI offer in the event that no other proposal is received or deemed
to be in the public interest. The HSI offer contemplates a purchase price based
upon an appraisal obtained by the City and is contingent upon the City and HSI
entering into a developer's agreement and approval from the FTA.
90
Late Additions and Handouts
November 10, 2015 Agenda
Page 2 of 3
Consent Calendar additions (continued)
Public hearing:
ITEM 4e(8)
HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE
COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I
UR ,RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED
SATISFIES THE OFFERING REQUIREMENTS AND
D ARING THE INTENT OF THE CITY TO ENTER INTO AN AGRE
FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH
L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE
SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED
CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS.
T
Comment: In 2013, the Cit ered into a purchase agreement with Hieronymus
Square Associates (k/n/a.L.C.) for the City -owned parcel of undeveloped
land north of the Court Street Transportation Center. The developer intends to
develop the property as part of the site identified for the University of Iowa
Museum of Art, and, as such, administrative delays caused the contingency
deadline to pass without satisfaction of thos tingencies. Thus, the 2013
purchase agreement is no longer in effect mains committed to this project,
however, and thus has submitted a new offer on this land. Because this property
is located within the city -University Project I Urban Renewal Area, the City is
required to seek competing proposals prior to acceptance of the offer. This
resolution es es that competitive process and indicates the City's intention
to accept tffer in the at no other proposal is received or deemed
to be in the public interest. T ►e His . er contemplates a purchase price ba
upon an appraisal obtained by e ity and is contingent upon the City an
entering into a developer's agreement and approval from the FTA.
rJ
Late Handouts:
Information submitted b`e'ween distributrorrvf packet- i -L ursday and close of business on
-Monday.
Consent Calendar
ITEM 4d(2) (REVISED) MERCER PARK PLAYGROUND REPLACEMENT - Resolution
awarding contract and authorizing the Mayor to sign and the City Clerk to
attest a contract for construction of the Mercer Park Playground
Replacement Project.
Comment: Bids for this project were opened on Wednesday, Novembe
2015, and the following bids were received;
91
Late Additions and Handouts
November 10, 2015 Agenda
Page 3 of 3
Dostal Construction Co.
Jasper Construction Services
Vieth Construction Corp.
All American Concrete, Inc.
Engineer's Estimate
Gretna, NE
Newton, IA
Cedar Falls, IA
West Liberty, IA
$ 247,504 00
$ 252,470.
$ 254,000.00
$ 255,000.00
$ 200,000.00
Staff is recommending award to the low bidder, Dostal Construction at a cost of
$247,500. The cost is higher than the engineer's estimate, but all bidders are
close in range indicating that numbers would not likely change if the City were to
rebid the project. Staff is recommending the project be funded with the $150,000
in budgeted GO Bonds, $64,855 in parkland dedication fees, and the balance o
$32,645 from the annual parkland improvement fund.
Re ular Agenda:
ITEM 7 IMON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) — See
revised pages
November 10, 2015 City of Iowa City Page 3
ITEM 4d(4)
ITEM 4d(5)
/5-3til7
ITEM 4d(6)
/5_ 3L1Lg
2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT -
RESOLUTION ACCEPTING THE WORK FOR THE 2015 LANDFILL
CHEMICAL STORAGE BUILDING REPLACEMENT PROJECT.
Comment: The project has been completed by Selzer Werderitsch
Associates of Iowa City, Iowa, in substantial accordance with the plans
and specifications. The Engineer's Report and Performance and
Payment bonds are on file with the City Clerk.
▪ Project Estimated Cost;
• Project Bid Received:
▪ Project Actual Cost:
$ 100,.000.00
$ 139,600.00
$ 140, 329.36
REPLACEMENT OF BOILERS AT THE ROBERT A. LEE
RECREATION CENTER - RESOLUTION FINDING THE NECESSITY
TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE
REPLACEMENT OF BOILERS AT THEROBERT A. LEE
RECREATION CENTER.
Comment: This will allow for the replacement of the boilers at the Robert
A. Lee Recreation Center to be bid in an expedient and proficient manner
to prevent serious foss or injury to the City and to the public. It has
recently been discovered that the boilers are leaking due to cracked heat
exchangers. Because the boilers are at the end of their life cycle and due
to the impending cold weather, it is necessary to replace the units
immediately. The professional Engineering Certification is attached to the
resolution. This will allow the City Manager the ability to replace the
boiler at the Robert A. Lee Recreation Center under emergency repair
and replacement without holding a public hearing and advertisement for
bids and the provision of the Iowa Code Chapter 26 do not apply.
CLEAR CREEK WATERSHED AUTHORITY - RESOLUTION
APPROVING THE ARTICLES OF AGREEMENT CREATING THE
CLEAR CREEK WATERSHED COALITION.
Comment: The Clear Creek Watershed Coalition is a Watershed
Management Authority established for the Clear Creek Watershed. With
approval of this agreement, Iowa City will be a member of the Coalition
and this will establish 100% participation of the Political Subdivisions
within the watershed. The members include Iowa County, Johnson
County, Coraiville, North Liberty, Oxford, Tiffin, the Iowa County Soil and
Water Conservation District and the Johnson County Soil and Water
Conservation District. The Clear Creek Watershed drains approximately
66,000 acres and approximately 2,000 acres are within the corporate
boundary of Iowa City.
93
November 10, 2015
ITEM 4d(7)
5- 340
ITEM 4d(8)
15- Sa
/5- 351
City of Iowa City Page 4
URBAN RENEWAL AREA REPORT - RESOLUTION APPROVING THE
FISCAL YEAR ENDING 2015 ANNUAL URBAN RENEWAL AREA
REPORT.
Comment: The Iowa Legislature enacted changes in Urban Renewal code
384.22 (2), effective July 1, 2013 to aid in providing greater public access
to information about Tax Increment Financing. All reports must be
approved by City Council before submission to the Iowa Department of
Management on or before December 1, 2015. The City of Iowa City has
twelve Urban Renewal Areas in effect as of the most recently ended fiscal
year and this report includes required reporting details on each.
CERTIFICATION OF URBAN RENEWAL PROJECTS - RESOLUTION
DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE
SECTION 403.19 FOR THE 2015 END OF YEAR CERTIFICATION OF
URBAN RENEWAL PROJECTS.
Comment: This resolution authorizes the certification of debt / obligations
which qualify for reimbursement from the TIF special revenue funds
created for the following Urban Renewal Areas: City -University Project I;
Riverside Drive, Scott Six, and Sycamore and First Avenue. This is an
annual certification due to the County Auditor by December 1. as required
by state law.
ITEM 4d(9) KEMP'S ADDITION - RESOLUTION APPROVING FINAL PLAT
(SUB15-00025)
Comment: Staff recommends approval of the final plat subject to approval
of legal papers and construction drawings by the City Attorney and City
Engineer. It is anticipated that 'legal papers and construction drawings will
be approved prior to the November 10 City Council meeting. Approval will
allow the development of Kemp's Addition, a 1 -lot, .45 -acre commercial
subdivision located at the northeast corner of Benton Street and 5
Riverside Drive.
ITEM 4d(10) COUNTY REZONING AMERICAN LEGION ROAD - SENDING A
LETTER RECOMMENDING APPROVAL OF A REZONING OF
APPROXIMATELY 3.72 ACRES OF PROPERTY FROM COUNTY
AGRICULTURE (A) TO COUNTY SINGLE FAMILY RESIDENTIAL (R)
LOCATED AT 5092 AMERICAN LEGION ROAD IN THE IOWA
CITYIJOHNSON COUNTY FRINGE AREA. (CZ15-00003)
Comment: At their meeting on October 15, by a vote of 7-0 the Planning
and Zoning Commission recommended approval of the rezoning.
Rezoning will allow future subdivision of the property into two residential
lots with one containing the existing house and one for a new house.
94
1
November 10, 2015
City of Iowa City Page 5
ITEM 4d(11) SOLID WASTE AND RECYCLING PICKUP AND DISPOSAL SERVICES
FOR THE CITY OF IOWA CITY - RESOLUTION AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
AWARDING OF A CONTRACT FOR SOLID WASTE AND RECYCLING
PICKUP AND DISPOSAL SERVICES FOR THE CITY OF IOWA CITY
FOR A POTENTIAL FIVE YEAR TERM.
Comment: Expenditures greater than $150,000 for commodities and
operational services contracts require approval by the City Council. The
contract for solid waste and recycling pickup and disposal services is
estimated to cost over $155,000 for the duration of the five year contract.
Staff believes Johnson County Refuse to be the lowest responsive,
responsible bidder and recommends that the City Council approve the
award of this contract for the next three years, with the possibility of
renewal for two additional years.
ITEM 4d(12) CREDIT CARD PROCESSING • RESOLUTION AUTHORIZING THE
RENEWAL OF THE CONTRACT FOR CREDIT CARD PROCESSING
5 _ 35 3 SERVICES WITH US BANK.
Comment: This resolution will approve the renewal of the credit card
processing service contract with US BANK and allow the City Manager to
execute one subsequent annual renewal as appropriate. The initial term of
the contract will be for one year, and will cost approximately $300,000.
ITEM 4e Setting Public Hearings:
ITEM 4e(1) UNIVERCITY SALE, 1316 MUSCATINE AVE. - RESOLUTION SETTING
PUBLIC HEARING FOR DECEMBER 15, 2015, ON A PROPOSAL TO
CONVEY A SINGLE FAMILY HOME LOCATED AT 1316 MUSCATINE
- 35= AVENUE.
Comment: In the UniverCity Neighborhood Partnership Program, the City
purchases rental units located in designated neighborhoods surrounding
the University, rehabilitates them, and then sells them to income -eligible
buyers. Under the UniverCity Neighborhood Partnership Program, the City
proposes to sell 1316 Muscatine Avenue. The amount of the sale will be
$155,000,
95
LATE ADDITIONS:
Consent Calendar
,_--Resolutions:
r
Cw,1\117.01V ;alit
CITY OF IowA CITY
410 East Washington Strcct
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356.5009 FAX
www.lcgov.org
ITEM 4d(13) SUMMER OF THE ARTS PROGRAMMING - RESOLUTION
AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF -
UNDERSTANDING FOR CO-SPONSORSHIP OF SUMMER OF THE
ARTS WITH THE UNIVERSITY OF IOWA.
ITEM 4d(14)
Comment: This resolution authorizes the City Manager to sign a
document communicating the intention of the University of Iowa to
continue to fund Summer of the Arts at $70,000 annually for five years,
subject to continued City funding at $67,000 annually. Funding is subject
to annual review and approval.
HIERONYMUS SQUARE SITE - RESOLUTION TERMINATING AN ACCESS
EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR
PRIVATE REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES,
L.L.C., AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST
AN ACCESS EASEMENT AND PARKING AGREEMENT WITH IOWA CITY
HOTEL ASSOCIATES, L.L.C. FOR THE DEVELOPMENT OF CERTAIN LOTS
ON BLOCK 102, IOWA CITY, IOWA, AND CONSENTING TO THE
ASSIGNMENT OF SAID AGREEMENT
Comment: This resolution involves multiple agreements associated with
redevelopment of the block located at the southeast comer of Clinton Street and
Burlington Street, commonly known as the Hieronymus Square site. Originally it
was contemplated to be developed as one cohesive development. Now it is
contemplated for development as three separate projects, including the University
of Iowa Museum of Art, a hotel, and a mixed use facility at the Burlington and
Dubuque Street intersection. This resolution terminates an access and parking
agreement made obsolete by these development plan changes, approves a new
access and parking agreement for the hotel use, and consents to the developer
assigning its interest in the new access and parking easement agreement to its
lender,
96
November 10, 201.5
City of Iowa City Page 6
ITEM 4e(2) COUF 1 / LINN DEVELOPMENT AGREEMENT - RESOLUTION OF
INTENT TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND CASL HOLDINGS, LLC.,
15-357 FOR TRANSFER AND DEVELOPMENT OF CITY -OWNED PROPERTY
ITEM 4e(3)
AT THE CORNER OF COURT AND LINN STREETS AND THE
DEVELOPMENT THEREOF, AND SETTING A PUBLIC HEARING FOR
DECEMBER 15 AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Comment: On July 27, 2015 the City entered into a Development
Agreement with CASL Holdings, LLC for the sale of city property at the
corner of Court and Linn Streets and development thereon of a mixed-use
project consisting of 2 buildings housing a hotel, office space, retail and
apartments with a construction cost of approximately $74 million. CASL
Holdings has asked the City for an extension of the dates for closing, start
of construction and final completion to allow it additional time to get its
budget and financing in place. CASL has been working closely with the
City as the project progresses and city staff recommends that the
requested extensions be approved by Council This resolution sets a
public hearing on the Amendment to the Development Agreement for
December 15, 2015.
REZONING CARDINAL POINTE WEST — MOTION SETTING A PUBLIC
HEARING FOR DECEMBER 15 ON AN ORDINANCE REZONING 16.3
ACRES OF LAND FROM INTERIM DEVELOPMENT RESEARCH PARK
(ID -RP) ZONE TO LOW DENSITY SINGLE FAMILY (RS -5) ZONE
LOCATED SOUTH OF KENNEDY PARKWAY AND WEST OF CAMP
CARDINAL BOULEVARD. (REZ15.00018)
Comment: At their October 15 meeting, the Planning and Zoning
Commission voted 7-0 to recommend approval of the rezoning. Approval
will allow the development of a single family residential subdivision.
ITEM 4e(4) REZONING 600 BLOCK OF S. DUBUQUE STREET — MOTION
SETTING A PUBLIC HEARING FOR DECEMBER 15 ON AN
ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03
ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2)
ZONE TO RIVERFRONT CROSSINGS - CENTRAL CROSSINGS (RFC -
CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH
DUBUQUE STREET. (REZ15-00020)
Comment: It is anticipated that the Planning and Zoning Commission will
vote on and forward their recommendation for this rezoning at their
meeting on November 5. In reports dated October 15 and. November 5,
staff recommended approval with a condition to ensure usable open
space on the property upon redevelopment. Approval will allow the
property to be redeveloped with a mix of commercial and residential uses
according to the Riverfront Crossings form -based zoning.
No ember 10, 2015
ITEM 4e(5)
ITEM 4e(6)
ITEM 4e(7)
ITEM 4f.
ITEM 4f(1)
ITEM 4f(2)
ITEM 4f(3)
ITEM 4f(4)
ITEM 4f(5)
ITEM 4f(6)
ITEM 4f(7)
ITEM 4f(8)
ITEM 4f(9)
City of Iowa City Page 7
REZONING ALONG MORMON TREK BOULEVARD SOUTH OF HWY 1
- MOTION SETTING A PUBLIC HEARING FOR DECEMBER 15 ON AN
ORDINANCE REZONING APPROXIMATELY 7.98 ACRES OF
PROPERTY FROM COMMERCIAL OFFICE (CO -1) TO INTENSIVE
COMMERCIAL (CI -1) ZONE LOCATED EAST OF MORMON TREK
BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE.
(REZ15-00021)
Comment: It is anticipated that the Planning and Zoning Commission will
vote on and forward thew recommendation for this rezoning at their
meeting on November 5. In a report dated November 5, staff
recommended approval. Approval will allow a broad range of commercial
uses.
VACATION OF AIR RIGHTS OVER ALLEYWAY - MOTION SETTING A
PUBLIC HEARING FOR DECEMBER 15 ON A VACATION OF AIR
RIGHTS 25' ABOVE PAVEMENT GRADE OVER PUBLIC RIGHT-OF-
WAY IN THE NORTH -SOUTH ALLEYWAY BETWEEN EAST
HARRISON STREET AND EAST PRENTISS STREET TO ALLOW A
PEDESTRIAN SKYWALK. (VAC15-00005)
Comment: It is anticipated that the Planning and Zoning Commission will
vote on and forward their recommendation for this vacation at their
meeting on November 5. In a report dated November 5, staff
recommended approval. Approval will allow a skywalk between the new
office building located at the corner of Clinton and Harrison Streets and
the future municipal parking facility.
LIBRARY LEASE TO IOWA CITY AREA DEVELOPMENT
GROUP - RESOLUTION SETTING A PUBLIC HEARING FOR
DECEMBER 15, 2015, REGARDING THE INTENT TO ENTER
INTO A LEASE AGREEMENT WITH THE IOWA CITY AREA
DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN
THE IOWA CITY PUBLIC LIBRARY.
Comment: This resolution sets a public hearing for December 15, 2015
for consideration of the proposed lease of the Library commercial lease
space to the Iowa City Area Development Group (ICAD). This lease
would be for four years, which is a length that requires a public hearing.
ICAD will use the space for office purposes, as well as collaborating with
the University of Iowa and the City in mentoring and fostering
entrepreneurial efforts.
Correspondence:
Jerry Bokassa: Racism in Iowa City
Kristin Cannon. Halloween [Staff response included]
Caryl Lyons, Diane Henry: Comprehensive Plan Amendment
Sally Scott: Funds for Towncrest Senior Housing
Annie Tucker: Working with people who are upset or angry
Alex Kramer: Homeless Shelter interview [Staff response included]
Sheila Daniels: Pedestrian Walkway - Newton Road [Staff response
included]
Marcia Emmons: Street Lighting [Staff response included]
Tharius Heaven: They Did Not Take The Call
98
Late Additions and Handouts
November 10, 2015 Agenda
Page 2 of 3
et—Cal-tent t Calendar additions (continues ----
Public hearing:
HIERONYMUS SQUARE SITE -RESOLUTION 1) APPROVING THE
COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF N\
CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I
URBAN ENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED
.L.C, SATISFIES THE OFFERING REQUIREMENTS AND
DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGR NT
FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WIT
L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE
SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED
CONVEYANCE, AND 4) SOLICITING COMPETING PROPOSALS.
ITEM 4e(8)
1 5- 357
HIS
Comment: In 2013, the Cilparitered into a purchase agreement with Hieronymus
Square Associates (kln1 H1S .L.C.) for the City -owned parcel of undeveloped
land north of the Court Street Transportation Center. The developer intends to
develop the property as part of the site identified for the University of Iowa
Museum of Art, and, as such, administrative delays caused the contingency
deadline to pass without satisfaction of tho ntingencies. Thus,, the 2013
purchase agreement is no longer in effec HIS emains committed to this project,
however, and thus has submitted a new o er on this land. Because this property
is located within the city -University Project! Urban Renewal Area, the City is
required to seek competing proposals prior to acceptance of the offer. This
resolution este ` es that competitive process and indicates the City's intention
to accept t - HI offer in the ever •.t no other proposal is received or deemed
to be in the .•. is interest. T' . HIS . "er contemplates a purchase price base
upon an appraisal obtained by e City and is contingent upon the City a
entering into a developer's agreement and approval from the FTA,
Late Handouts:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Consent Calendar
ITEM 4d(2) (REVISED) MERCER PARK PLAYGROUND REPLACEMENT - Resolution
awarding contract and authorizing the Mayor to sign and the City Clerk to
attest a contract for construction of the Mercer Park Playground
Replacement Project.
Comment: Bids for this project were opened on Wednesday, November 4,
2015, and the following bids were received:
99
REVISED [Highlighted in yellow]
ITEM 4e(8) HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE
COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT!
URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED
BY HSI, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND
DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT
FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HSI,
L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE
SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED
CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS.
Comment: In 2013, the City entered into a purchase agreement with Hieronymus
Square Associates (klnla HSI, L.L.C.) for the City -owned parcel of undeveloped
land north of the Court Street Transportation Center, The developer intends to
develop the property as part of the site identified for the University of Iowa
Museum of Art, and, as such, administrative delays caused the contingency
deadline to pass without satisfaction of those contingencies. Thus, the 2013
purchase agreement is no longer in effect. HSI remains committed to this project,
however, and thus has submitted a new offer on this land. Because this property
is located within the city -University Project I Urban Renewal Area, the City is
required to seek competing proposals prior to acceptance of the offer. This
resolution establishes that competitive process and indicates the City's intention
to accept the HSI offer in the event that no other proposal is received or deemed
to be in the public interest. The HSI offer contemplates a purchase price based
upon an appraisal obtained by the City and is contingent upon the City and HSI
entering into a developer's agreement and approval from the FTA.
100
November 10, 2015 City of Iowa City
ITEM 4f(10)
ITEM 4f(11)
ITEM 4f(12)
ITEM 4f(13)
ITEM 4f(14)
ITEM 4f(15)
ITEM 4f(16)
ITEM 4f(17)
Jennifer Watkins: Housing $$$
Jeff Wrede: Traffic Concern by Southeast
Katherine Hall; Cathy Stange: Minimum Wage Ordinance [Staff
response included]
Garry Hauser: New Council questions [Staff response included]
Ryan Durbin; Elections [Staff response included]
Traffic Engineering Planner: Installation of (1) NO PARKING CORNER
TO HERE sign on the southwest corner of the intersection of East
Court Street and Clark Street
Traffic Engineering Planner: Installation of (2) NO PARKING AT ANY
TIME signs on the east side of George Street, from the Oaknoll
skywalk to Oakcrest Street.
Traffic Engineering Planner: Removal of parking prohibition on the
east side of Stevens Drive, adjacent to 160 Southgate Avenue.
END OF CONSENT CALENDAR.
Action. d '. (V44 -0/±e A-tr ly /7/2
ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the meeting agenda.
ITEM 6. EXTENSION F IOWA CITY DOWNTOWN SELF-SUPP RTED MUNICIPAL
IMPROVEMENT DISTRICT (SSMID) A/KIA IOWA CITY DOWNTOWN
DISTRICT - ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND
FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO RE-
ESTABLISH THE IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL
IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF
CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE
ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN
ANNUAL TAX IN CONNECTION THEREWITH. (FIRST CONSIDERATION)
Comment: The Iowa City Downtown Self -Supported Municipal Improvement
District (a/k/a Iowa City Downtown District) was established by ordinance in 2011
pursuant to Chapter 386 of the Iowa Code. On September 11, 2015 a petition
was filed to re-establish the District for a period of 10 years. The petition met the
technical requirements of Iowa Code, was forwarded to the Planning and Zoning
Commission, and the Commission's evaluative report regarding the merit and
feasibility of the SSMID is included in the agenda packet. As required by Iowa
Code notice of the public hearing was published and sent by certified mail to
each owner of property in the SSMID District not less than 15 days before the
public hearing
. PUBLIC HEARING
Action:
b. CONSIDER AN ORDINANCE
Action: /.. : 7
101
id-ee dee)
November 11), 2015 City of Iowa City Page
ITEM 7. WON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) -
RESOLUTION APPROVING A LEASE OF SECURE SPACE LOCATED
IN THE IOWA CITY DATA CENTER TO IMON COMMUNICATIONS,
L.L.C.
�5- (o
ITEM 8.
l-341
ITEM 9.
Comment: This resolution will approve a proposed lease agreement between the
City and ImOn Communications for the rental of secure space located within the
Iowa City Data Center to ImOn.
a. PUBLIC HEARING
A iii.+i1
(Ly
b. CONSIDER A RESOUJTVON
Acton:
AGREEMENT WITH IMON COMMUNICATIONS (SHARED USE
PROJECTS) - RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A MASTER AGREEMENT FOR
SHARED USE PROJECTS BETWEEN THE CITY AND IMON
COMMUNICATIONS, LLC, AND AN AMENDMENT PROVIDING FOR
THREE SHARED USE PROJECTS.
Comment This resolution will approve a master agreement negotiated by City
staff and ImOn Communications, LLC to enter future agreements to share facilities,
services, and maintenance responsibilities for fiber optic cable, and an amendment
for the lease of excess City fiber and duct in three locations.
Action:
,e9r/
IMON COMMUNICATIONS LICENSE AG EEMENT (FIBER OPTIC) - !Z
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
IMON COMMUNICATIONS, LLC TO USE A PORTION OF CITY STREETS
AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF A FIBER OPTIC NETWORK.
Comment' This agreement will allow irrmOn Communications, LLC to install,
operate, and maintain buried conduits containing fiber optic cable within City of
Iowa City public rights-of-way. The installation will be located at various locations
throughout Iowa City. -]
Action: `--�t-�' %i�1,r�sY fkr,yQ/
IJ�r
102
Late Additions and Handouts
November 10, 2015 Agenda
Page 3 of 3
Dostal Construction Co.
Jasper Construction Services
Vieth Construction Corp.
All American Concrete, Inc.
Engineers Estimate
Gretna, NE
Newton, IA
Cedar Falls, IA
West Liberty, IA
$ 247,500.00
$ 252,470.00
$ 254,000.00
$ 255,000.00
$ 200,000.00
Staff is recommending award to the low bidder, Dostal Construction at a cost of
$247,500. The cost is higher than the engineer's estimate, but all bidders are
close in range indicating that numbers would not likely change if the City were to
rebid the project. Staff is recommending the project be funded with the $150,000
in budgeted GO Bonds, $64,$55 in parkland dedication fees, and the balance of
$32,645 from the annual parkland improvement fund.
Regular Agenda:___
ITEM 7 IMON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) — See
revised pages
103
November 10, 2015
ITEM 10.
3
ITEM 11.
5_
City of Iowa City Page 10
1504 YEWELL STREET - RESOLUTION AUTHORIZING THE ACQUISITION
OF PROPERTY LOCALLY KNOWN AS 1504 YEWELL STREET, WHICH IS A
PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE.
Comment: The property at 1504 Yewell Street has been a nuisance since 2012.
It contains a single-family home, which has been vacant for over three years.
The City has sent the owner notices and issued a municipal citation, but the
owner has failed to address the dilapidated and dangerous condition of the
home. A magistrate has found the property to be a nuisance in violation of City
Code. Staff would like to acquire the property in order to abate the public
nuisance.
Action:
7/6 -
WAGE THEFT DISQUALIFICATION FOR CITY BUSINESS - RESOLUTION
DISQUALIFYING PERSONS WHO HAVE ADMITTED GUILT OR LIABILITY OR
BEEN ADJUDICATED GUILTY OR LIABLE IN ANY JUDICIAL OR
ADMINISTRATIVE PROCEEDING OF COMMITTING A REPEATED OR
WILLFUL VIOLATION OF THE IOWA WAGE PAYMENT COLLECTION LAW,
THE IOWA MINIMUM WAGE ACT, THE FEDERAL FAIR LABOR STANDARDS
ACT OR COMPARABLE STATE STATUTES OR LOCAL ORDINANCES FROM
ENTERING INTO CONTRACTS WITH THE CITY AND FROM RECEIVING ANY
DISCRETIONARY ECONOMIC DEVELOPMENT ASSISTANCE.
Comment: As directed by the City Council this resolution is patterned after
legislation in Cook County and will disqualify persons who have been found guilty
or liable for wage theft in the last 5 years from entering into contracts in excess of
$25,000 with the City or receiving any economic development assistance from the
City.
Action:
ITEM 12. SNOW EMERGENCY PARKING FEE CHANGE- ORDINANCE AMENDING
TITLE 3, "FINANCES, TAXATION, AND FEES", CHAPTER 4, "SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES", SECTION 8,
"PARKING VIOLATIONS", TO ADD A $50 PENALTY FOR SNOW
'� EMERGENCY PARKING VIOLATION. (SECOND CONSIDERATION)
Comment: This ordinance will amend the fine for violation of the snow
emergency parking ordinance from $15.00 to $50.00. On November 7, 2009 a
separate higher fine amount for this violation of parking where prohibited or
restricted during a snow emergency was created, The $50.00 fine was set at that
time. However, the fine was inadvertently removed from the fee structure in
2013, leaving a default fine of $15. This amendment will reestablish the earlier
approved fee and assist in the effort to encourage better compliance with the
parking regulations during a snow emergency so snow and ice can be removed
efficiently and promptly from City streets. Staff requests expedited action.
Action ) 't/ &Jot o'- 44
104
fr'
November 10, 2015
ITEM 13.
`j F
City of Iowa City Page 11
HOUSING CODE - ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING
AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO SUPPORT
NEIGHBORHOOD STABILIZATION BY PROHIBITING FURNITURE ON
ROOFS, ADDING STANDARDS FOR EXTERIOR BUILDING AND FENCE
SURFACES, REQUIRING SCREENING OF DUMPSTERS ON MULTI -FAMILY
DWELLINGS AND UNDER CERTAIN DECKS/PORCHES, LIMITING THE
STORAGE OF LANDSCAPING/CONSTRUCTION MATERIAL, AND
REQUIRING GFCI PROTECTED OUTLETS AND CARBON MONOXIDE
DETECTORS. (PASS AND ADOPT)
Comment: At the August 18 work session, staff discussed proposed changes to
the Housing Code as part of the City's ongoing efforts to stabilize neighborhoods.
As directed by Council, this Ordinance amends the Code in the following ways:
a) prohibits storing and use of furniture on roofs and other surfaces above 30
inches without guard rails; b) establishes standards for treatment of exterior
surfaces of buildings. fences, and retaining walls; c) requires areas beneath
decks and porches in Historic and Conservation Districts to be screened; d)
requires screening of dumpsters on existing multi -family sites; and d) limits the
storage of landscaping and construction material to areas not visible from the
street. Additionally, this ordinance requires GFCI protected outlets and carbon
monoxide detectors in all dwelling units Note that the Housing Code applies to
owner -occupied and rental housing. Correspondence included in Council packet.
*4 Action: �
ITEM 14. HUMAN RIGHTS ORDINANCE AMENDME T RD
OINANCE AMENDING
TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO ALIGN WITH
THE FAIR HOUSING ACT AND TO UPDATE AND CLARIFY ITS GENERAL
PROVISIONS. (FIRST CONSIDERATION)
Comment: The Human Rights Ordinance has been amended to align its
provisions with the federal Fair Housing Act (FHA)_ Because the Ordinance was
being updated, other provisions have also been amended to organize and clarify
the entire Ordinance. Substantive changes are: 1) Chapter 5 has been
incorporated into the general provisions of the Ordinance to avoid confusion
regarding applicable enforcement provisions, 2) the word 'citizen' has been
replaced with 'individual,' 3) the definition of 'person' has been updated; 4) the
definition °housing accommodation' has been removed, as it served no present
purpose, and 5) the imperative 'shall' has been changed to 'may' in § 2-4-12 to
prevent the City from being forced to commence and maintain a civil suit that may
not be considered litigation worthy. The Human Rights Commission discussed this
at its October 20`h meeting and recommends that the amendments be adopted.
Action:
105
/40
November 10, 2015
City of Iowa. City Page 12
ITEM 15. TAXICAB AMENDMENT - ORDINANCE AMENDING TITLE 5, ENTITLED
"BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED
"TAXICABS," SECTION 3, ENTITLED "ACCESSIBILITY OF RECORDS," AND
SECTION 6, ENTITLED "DECALS" TO DELETE A DUPLICATIVE PROVISION
AND CLARIFY THE NEED FOR A WARRANT TO ACCESS BUSINESS
OFFICES. (FIRST CONSIDERATION)
Comment; Following a major overhaul of the taxicab ordinance last winter, it
was discovered that Section 5-2-6H of the City Code is contained verbatim in
Section 5-2-6F. Additionally, the U.S. Supreme Court issued an opinion in June
in City of Los Angeles v. Patel ruling that search warrants were required before
law enforcement could access hotel registrations. Currently the Code provides
that business offices are subject to inspection "upon notice,' a requirement based
on the need for records during a police investigation. In practice, if the Police
Dept, had been denied voluntary access to an office, a warrant would have been
sought. With that said, Section 5-2-381 provides the taxicab business is subject
to inspection without notice, and it should be amended in light of the Supreme
Court case. This ordinance deletes both the duplicative provision and the
provision on inspection without notice.
Action:
Qa €2 J aete.g
„/"2 pip):#4-1
ITEM 16. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 16a
Airport Zoning Brd of Adjustment — One vacancy to fill a
five-year term January 1, 2016 - December 31, 2020.
(Term expires for Keith Ruff).
Ac. on:
ITEM 16b Appeals, Board of — One vacancy to fill a five-year term January 1,
2016 - December 31, 2020, Fora Licensed Electrician or qualified
by experience and training. (Term expires for John Forman Gay).
Action: J'' arl,..e'-.--2
ITEM 16c Human Rights Commission — Three vacancies to fill three-year
terms, January 1, 2016 — January 1, 2019. (Term expires for Edie
Pierce -Thomas, Joe Coulter, and Harry Olmstead).
Action: 4z~n
ITEM 16d Parks and Recreation ommission — Two vacancies to fill four-
year terms, January 1, 2016 — January 1, 2020. (Term expired for
Joe Younker and Cara Haman), /lf
ACtiGn: r % eatid d'
ITEM 16e
Public Art Advisory Committee One vacancy to fill a three-year
term, January 1, 2016 -- January 1. 2019. (Term expires for
Tam Bodkin Bryk).
Action
106
November 10, 2015
City of Iowa City Page 13
ITEM 16f Senior Center Commission — Two vacancies to fill three-year
terms, January 1, 2016 — December 31, 2019. (Term expires for
Charles Felling, Kathy Mitchell)
A third vacancy is for an at -large member, who is an eligible elector
f Johnson County Iowa but not a resident of the City of Iowa City,
nd will be appointed by majority vote of the six City Council
appointees to the Commission, (Margaret Reese).
'/
ITEM 17. ANNOUNCEMENT OF VACANCIES. Applicants MUSTresid owa City and /5"7e, L
be 18 years of age unless specific qualifications are stated. [Staff will not publish s
additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Previous:
ITEM 17a
ITEM 17b
ITEM 17c
Airport Zoning Brd. of Adjustment — One vacancy to fill a five-
year term January 1, 2014 -- December 31, 2018, (Formerly
advertised; Full term)
Appeals, Board of — One vacancy to fill an unexpired five-year term
January 1, 2014 - December 31, 2018. For a HVAC or building
design professional or qualified by experience and training.
(Unexpired term)
Historic Preservation Commission — One vacancy for a Jefferson
St. representative to fill three-year terms, March 29, 2013 -- March
29, 2016. (New District formed)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 9, 2015,
New:
ITEM 17d Housing and Community Development Commission — One
vacancy to fill an unexpired term — September 1, 2017. (Angel
Taylor resigned) Correspondence included in Council packet.
ITEM 17e Housing and Community Development Commission -- One
vacancy to fill an unexpired term --- September 1, 2018. (Mark
Signs resigned) Correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 30, 2015.
ITEM 18. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
107
November 10, 2015 City of Iowa City
ITEM 19. CITY COUNCIL INFORMATION.
Page 14
ITEM 20. REPORT ON ITEMS FROM STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 21. ADJOURN (to work session if needed
108
/172/1";
RESOLUTION NO. 2007.000
1O
with attachments
RESOLUTION APPROVING REVISED RULES OF PROCEDURE FOR THE
CITY COUNCIL AND RESCINDING RESOLUTION NO. 93/U-1352.
WHEREAS, the City Attorney has prepared a set of revised rules governing the conduct of
meetings of the City Council; and
WHEREAS, said revised rules of procedure are attached hereto and by this reference made a
part hereof; and
WHEREAS, the City Council is advised and does believe that said revised rules should be
adopted and approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX
CITY, that the City Council rules of procedures, dated March 5, 2007, be and the same are
hereby adopted and approved and shall govern the proceedings before the City Council from
and after the date of this resolution.
BE ST FURTHER RESOLVED, that Resolution No, 931U-1352, passed and approved
Septernber 13, 1993, be and the same is hereby rescinded.
PASSED AND APPROVED: March 5, 2007
ATTEST
Lisa L. McCardle, City Clerk
109
Craig S, Berenstein, Mayor
TABLE OF CONTENTS
1. Authority
2. General Rules
3. Types of Meetings
4, Media Coverage of Council Meetings
5. Chairperson's Duties
6. Order of Business and Agenda
7. Ordinances, Resolutions, and Motions
8, Citizens' Rights
9 Creation of Committees, Boards, and Commissions
10. Suspension and Amendment of These Rules
110
1. AUTHORITY
Iowa Code section 372.13 provides that the Council shall
determine its own rules of procedure. The following set of rules
shall be in effect upon adoption by the Council until such time as
they are amended or new rules adopted.
2. GENERAL RULES
A. Public Meetings:
All official meetings of the Council shall be open to the public
except those that are specifically designated as "Closed
Session". No Council meeting shall be held in a building or
room that is not handicap accessible, i.e., in compliance with
new ADA regulations.
B. Quorum:
A majority of the members of Council shall constitute a quorum
and be necessary for the transaction of business. If a quorum
is not present, those in attendance may elect to discuss items
but not take official action except to adjourn to a later date.
C. Minutes:
An action set of minutes of all proceedings of the Council shall
be kept by the City Clerk and shall be entered in the official
record of the Council. Minutes of the proceedings shall be
open to public inspection except those that record the
transactions of ''Closed Sessions". Minutes shall be published
in a newspaper of general circulation within fifteen (15) days of
the Council meeting, as required by the Code of lowa. These
shall show the headings and actual vote. Al Council meetings
shall be electronically recorded by the City Clerk. The tapes
will be marked and available for Council or public use upon
request, except the sealed tapes of Closed Sessions. Tapes
of Council meetings will be retained in the City Clerk's Office
for five (5) years after the meeting. Closed Session tapes are
retained for one (1) year, as required by State law unless
retention is requested by the City Attorney for purposes of
evidence preservation when litigation is pending
111
D. Right of Floor:
Any Council member desiring to speak shall be recognized by
the Mayor. Each member should attempt to confine his or her
remarks to the subject under consxderaton.
E. City Manager:
The City Manager or designee shall attend all meetings of the
Council unless excused. The City Manager may make
recommendations to the Council and take part in discussions,
but shall have no vote.
F. City Attorney:
The City Attorney or designee shall attend all meetings of the
Council unless excused and shall, upon request, give an
opinion, either written or oral, on questions of law. The City
Attorney shall act as the Council's parliamentarian.
C. City Clerk:
The City Clerk or designee shall attend all meetings of the
Council unless excused and shall keep the official minutes and
perform such other duties at the meeting as may be requested
by the Council.
H. City Employees:
Department heads or other designated employees of the City,
when there is pertinent business from their departments on the
Council agenda, shall attend the Council meetings upon
request of the City Manager.
112
Rules of Order:
Municipal Code section 2.04.030 adopts "Roberts Rules of
Order" as the rules of parliamentary law governing debate and
procedure, Pursuant to Municipal Code section 2.04.035
"Roberts Rules of Order" are amended as follows:
1) Tie Vote. A vote on a motion, resolution, or ordinance
which results in a tie vote shall be deemed to be a vote to
defer the matter until the next meeting of the Council when
it can be finally disposed of by a majority of the Council.
This rule shall not apply to matters requiring more than a
simple majority vote for adoption, nor when the tie vote
results because a Council member disqualifies
himself/herself from voting. All resolutions and ordinances
must be approved by a minimum of three votes.
2) Final Action on a Motion, A resolution or ordinance shall
not be considered by the City Council unless the item was
part of the officially posted agenda for the meeting at which
the item Is introduced. This rule shall not apply to
administrative matters affecting City staff nor when waived
by unanimous vote of the Council members present. See
6.C, pg. 0, for procedure to add items to the agenda.
3) Reconsideration. A motion to reconsider, if made during
the same Council meeting, must be made by someone on
the prevailing side. At a subsequent Council meeting, any
Council member can make a motion to reconsider. if the
motion passes, the action would be placed on a future
Council agenda.
113
3. TYPES OF MEETINGS
Notice of all Council meetings should be given in compliance with
the requirements of Iowa Code Section 21.4, A tentative agenda
of each Council meeting will be delivered by the City Clerk, to the
Council member personally or left at the usual place of residence
or place of employment, of each member of the City Council, a
minimum of twenty-four (24) hours in advance of the meeting. If
items need to be added to the agenda, the procedures as outlined
on 6.C, pg. 9, will be followed.
A. Regular Meeting:
The City Council shall meet in the Council Chambers for their
regular Council meetings. The regular Council meetings will
be held every Monday except the fifth Monday of any month
unless so designated by the City Council. There will be no
Council meeting on any Monday at the direction of the City
Council and on the Monday between Christmas and New
Year's or cn other holidays that fall on a Monday, unless so
designated by the Council. Meetings will commence at 4 p.m.
unless the Council directs othenevise,
B. Study Sessions:
The Council will meet informally, as needed, in Study Sessions
which are open to the public beginning ata time determined
on the Thursday, prior to the Monday Council meeting.
Starting time will be dependent on the number of items
scheduled for discussion. The purpose of the Study Sessions
will be to review upcoming programs, receive progress reports
on current programs, receive information from the City
Manager, and to discuss items of concern as expressed by the
City Council. Discussions and conclusions shall be
considered informal and shall require formal action to be taken
at a regular Council meeting. No item will be included an the
Study Session agenda unless approved by the City Manager,
114
C. Special Meetings:
Special meetings may be called by the Mayor, Mayor Pro Tem
in cases where the Mayor is absent or unable to act, a majority
of the members of the City Council, or the City Manager. A
24-hour notice of these special meetings is required by State
law,
D. Closed Sessions:
Iowa Code Sections 20.17, 21.5 and 21.9), permit closed
Sessions for any of the following reasons. A vote to go into a
closed session requires an affirmative vote of four Council
members or by a unanimous vote if only three members are
present. Decisions made in the Closed Sessions are binding
on the City Council but will be confirmed by motion or
resolution adopted in open session.
1) To discuss strategy with Counsel in matters that are
presently in litigation or where litigation is imminent where
its disclosure would be likely to prejudice or disadvantage
the position of the governmental body in that litigation.
2) To avoid disclosure of specific law enforcement matters,
such as current or proposed investigations, inspection or
auditing techniques cr schedules, which if disclosed would
enable law violators to avoid detection.
3) To avoid disclosure of specific law enforcement matters,
such as allowable tolerance or criteria for the selection,
prosecution or settlement of cases, which if disclosed
would facilitate disregard of requirements imposed by law.
4) To evaluate the professional competency of an individual
whose appointment, hiring, performance, or discharge is
being considered when necessary to prevent needless and
irreparable injury to that individual's reputation and that
individual requests a Closed Session.
115
5) To discuss the purchase of particular real estate only
where premature disclosure could be reasonably expected
to increase the price the governmental body would have to
pay for that property.
6) To discuss strategy in matters relating to employment
condition of employees who are covered by a collective
bargaining agreement as well as those not covered by a
collective bargaining agreement.
4. MEDIA COVERAGE OF COUNCIL MEETINGS
A. Al! official meetings of the City Council and its committees
shall be open to the media, subject to recording by radio,
television, and photographic services at any time, provided
that such arrangements do not interfere with the orderly
conduct of the meetings,
B. All „Requests for Council Action" (RCA) will be made available
to the media for review prior to the Council meeting. Only
those items which are confidential and will be discussed in
dosed sessions will not be available. Media will receive
agendas at least twenty-four (24) hours prior to Council
meetings,
5. CHAIRPERSON'S DUTIES
A. Chairperson:
The Mayor,, if present, shall preside as chairperson at all
meetings of the Council. In the absence of the Mayor, the
Mayor Pro Tem shall preside. In the absence of both the
Mayor and the Mayor Pro Tem, the Council shall elect a
chairperson.
116
B. Call to Order:
The meetings of the Council shall be called to order by the
Mayor, or, in his absence, by the Mayor Pro Tern. In the
absence of both the Mayor and Mayor Pro Tern, the meeting
shall be called to order by the City Clerk, whereupon a
temporary presiding officer shall be elected.
C. Preservation of Order:
The chair shall preserve order and decorum, prevent attacks
on personalities or the impugning of members' motives, and
confine members in debate to the question under discussion.
D. Points of Order:
The chair shall determine all points of order, subject to the
right of any member to appeal to the Council.
E. Questions to be Stated:
The chairperson shall state all items on the agenda to be
submitted for a vote. One Council member will move, another
will second the motion, and an electronic vote will be taken,
F. Substitution for Chairperson:
The chairperson may call any other member to temporarily
chair the meeting if the item in question is a conflict of interest
or to cover a temporary absence from the meeting. The
substitution shall not continue beyond adjournment.
117
6, ORDER OF BUSINESS AND AGENDA
A. Agenda:
The order of business of each meeting shall be as contained in
the agenda as prepared by the City Clerk. The agenda shall
be a listing by topic of subjects to be considered by the
Council and shall be delivered to members of the Council at
least twenty-four (24) hours preceding the meeting to which it
pertains. A copy of the agenda will also be posted for the
public notice, available on the Internet, and copies made
available for the media at least twenty-four (24) hours in
advance.
B. Order of Business at Council Meetings:
The order of business may be changed through a consensus
of the City Council. The general rule as to the order of
business in regular meetings shall be as follows:
1) Roll call. Before proceeding with the business of the
Council, the City Clerk shall call the roll of members
present, and enter those names in the minutes.
2) Reading of the Minutes. Unless a reading of the minutes
of the Council meeting is requested by a member of the
Council, such minutes may be approved without a reading
if the City Clerk previously furnished each member with a
copy thereof.
3) Consent Agenda, A single motion to approve all remaining
items on the agenda (resolutions or motions that do not
require a public hearing or discussion) will be made. A
council member may request a separate vote on any item
on the consent agenda, No vote an the request is
required.
4) Public hearings for ordinances and resolutions. After all
citizen input has been received, Council can choose to
close the hearing and either vote on the item or defer
consideration to a future meeting. If the Council expects
future input, they can continue the hearing_
118
5) Approval of ordinances. Ordinances not requiring a public
hearing.
6) 'Discussion Items. Items which, it is believed, will generate
discussion by the council.
7) Citizen concerns.
a) Personal appearance of citizens before the Council.
b) Matters not on the agenda may be brought up by
Council members on behalf of citizens.
8) Council concerns.
The agenda shall provide a time when the Mayor or any
Council member may bring before the Council any
business that he or she feels should be deliberated upon
by the Council.
9) Adjournment.
C. Adding Items to the Agenda;
Neither Council nor staff will add items to the agenda unless
there is an emergency. Non -emergency items shall be
deferred until a subsequent Council meeting. If the matter
requires immediate Council attention, the Council may:
1) Entertain a motion by any Council member to waive the
rules and to allow consideration of a specific, additional
agenda item. Both waiving the rules and voting on the
item can be done as a single motion. If less than five
members agree to waive the rules, the item will not be
added and will have to be considered at a later Council
meeting. if a Council member is opposed to the item, the
two actions can be considered separately. if Council
separates the actions, the item can be added if all approve
and the item can be passed by a simple majority vote.
119
2) Give administrative direction to staff to handle the matter.
D. Amendments:
1) Amendments to items on the agenda which are not part of
the single motion, will require a vote to be taken. The first
vote will be taken on the amendment itself. The second
will be to take action on the amended item.
2) Items that are covered under the single motion (consent
agenda) will require only one vote. The vote will be taken
on the amendment and action on the amended item will be
considered a part of the single motion.
7. ORDINANCES, RESOLUTIONS, AND MOTIONS
A. Form of paperwork:
1) Ordinances and resolutions will be presented to the
Council in typewritten form.
2) All items on the agenda will be accompanied by a
"Request for Council Action" (RCA) giving background
information and outlining the action required. The RCAs
and all accompanying attachments will be sent
electronically to the councilmembers' e-mail address.
Documents containing a large number of pages or
oversized pages will be delivered in hard copy to
counciimembers° places of residence or business.. This
shall be referred to as Council's "Homework". The
homework will be delivered on the Thursday prior to the
Monday Council meeting.
B. Expenditures:
For any expenditure of money, the exact source of the
funds to be expended will be identified in the RCA.
120
C. City Attorney to Approve:
AH ordinances and resolutions shall be approved as to foram
and legality by the City Attorney,
D. City Manager to Review:
The City Manager will review all Requests for Council Action
(RCA) prior to their being submitted to the City Council. Such
review shall so be indicated by a signature on the RCA form.
E. Approval of Ordinances..
Ordinances require three separate considerations of the City
Council at three separate meetings. However, if approved by
at least four members of the City Council, a motion can be
made to waive the rules and allow the second and third
consideration of the ordinance at the same meeting as the first
consideration. A vote will be taken on the first consideration.
A vote will be taken on the motion to waive the rules and allow
the second and third considerations. Upon being introduced,
each proposed ordinance shall be read by title only, unless
any member of the Council requests a full reading of the
ordinance,
F. Recording of Votes:
The ayes and nays shall be recorded upon action on all
ordinances, resolutions, and motions and entered upon the
official record of the Council.
121
G. Majority Vote Required:
An affirmative vote of at least three Council members shall be
necessary to pass an ordinance, resolution, or a motiion,
When any vote is called, each Council member shall respond
on the electronic voting key pad as follows: "yes (aye)"' `"no
(nay)", or "abstain." The vote of a Council member "abstains"
shall have the effect of a negative vote unless the Council
member states he or she has a conflict of interest. In the case
of a conflict of interest, the number of votes to approve any
action is recalculated. For example, if two Council members
had a conflict of interest, an item could pass on a two to one
vote. Any pass shall be recorded as an abstention.
H. Votes Required When Two Council Members Are Absent:
If two Council members are absent, Council has the following
options:.
1) Approve all items on the agenda by all three members
voting aye.
2) Two members can choose to defer an item until such time
as all members are present. This would be a majority of
the quorum.
3) If only one or two members vote aye and the rest nay, the
item will be considered to have failed.
4) If two members vote aye and one member abstains, the
matter shall automatically be deferred until the next
meeting.
122
Votes by Absent Council Members:
An absent Council member may not participate by electronic
means in any City Council meeting which is attended by a
majority of other Council members unless such absence is due
to a physical disability such that the absent Council member
cannot reasonably be expected to be in actual attendance.
For purposes of this section, "majority' means three members
of the City Council. Dispute over Council member's disability
shall be resolved by a majority of the Council members in
actual attendance. Nothing contained herein shall be con-
strued to prohibit participation by electronic means by any
Council member at a Council meeting where a majority of the
Council membership is not present,
J. Numbering of Ordinances, Resolutions, and Motions;
Upon passage, a number shall be assigned to each ordinance,
resolution, and motion by the City Clerk.
K. Ordinance and Resolution Passage Procedure:
When passed by the Council, an ordinance or resolution shall
be signed by the Mayor or Mayor Pro Tem, depending on who
conducted the meeting, and be attested by the City Clerk. It
shall be immediately filed and thereafter preserved in the office
of the City Clerk.
L. Request for Ordinances or Legal Opinions:
At any council meeting, any member of the City Council may
request the City Attorney or City Manager to place on the
agenda of the next scheduled Council meeting an item for
discussion, an ordinance, a resolution, or a motion, on a
matter within the Council's policy-making duties, unless the
action is subject to the rules regarding reconsideration.
Subject to the above rules, any member with the consent of
two other members may request the City Attorney or the City
Manager to place on the agenda of the next scheduled council
meeting an item for discussion, an ordinance, a resolution, or
a motion,
123
Items requested to be included on the agenda must be filed
with the City Manager by noon on the Wednesday preceding
the Council meeting.
M. Publications:
AH minutes, ordinances, and notices will be published, as
required by the State law.
8. CITIZENS" RIGHTS
A. Addressing the Council:
Any persons desiring to address the Council on an issue not
on the agenda shall appear at the end of regular Council
meetings and be recognized by the presiding officer,
B, Manner of Addressing Council --Time Limit:
Each person addressing the Council on an issue not on the
agenda shall step up to the microphone, give their name and
address for the record, and shall limit their address to three
minutes, Alf remarks shall be addressed to the Council as a
body and not to any member specifically.
C. Personal and Slanderous Remarks:
Any person making personal or slanderous remarks or who
becomes boisterous while addressing the Council may be
requested to leave the meeting.
D. Reading of Protests:
Interested persons, or their authorized representatives, may
address the Council for the reading of protests, petitions, or
communications relating to any matter over which the Council
has control, when the item is under consideration by the
Council. When anyone appears before the Council stating they
have a petition, the Mayor will accept the petition and the
minutes will reflect that action.
124
E. Handling Citizens' Requests During Council Meetings:
If Council chooses to take action on a citizen's request, they
can:
1) Give administrative direction to the City Manager to resolve
the matter.
2) Defer official action to the next regularly scheduled Council
meeting.
3) Waive the rules and add an item to the agenda for official
Council action. This method should not be used unless
Council deems the matter to be an emergency.
F. Written Communications:
Interested parties, or their authorized representatives, may
address the Council by written communication in regard to any
matter concerning the City's business over which the Council
has control by direct mail or by requesting the City Clerk to
copy and distribute the information to Council members..
9. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
A. Citizen Committees, Boards, and Commissions:
The Council may create committees, boards, and
commissions to assist in the conduct of the operation of the
City government with such duties as the Council may specify if
consistent with the Code of lowa.
125
B, Membership and Selections:
Membership and selection of members shall be as provided by
the Council if not specified by the Code of Iowa. No
committee so appointed shall have powers other than advisory
to the Council or the City Manager, except as otherwise
specified by the Municipal Code or the Code of Iowa,
C. Removal of Members of Boards and Commissions:
If the Council wishes to remove an appointee, they shall follow
the procedures outlined in the Code of Iowa.
D. Abolishment of a Board or Commission:
The abolishment or modification of a board or commission
shall be done in accordance with applicable State law,
10. SUSPENSION AND AMENDMENT OF THESE RULES
A. Suspension of These Rules:
Any provision of these rules not governed by the Code of Iowa
may be temporarily suspended by a vote of a majority of the
Council. The vote on any such suspension shall be taken by
ayes and nays and entered upon the record.
B. Inconsistent Actions.
If the council takes an action inconsistent with these rules but
in compliance with the applicable section(s) of the Iowa Code
and if the action is taken without objection by any
councilmember, the action taken shall be deemed a lawful and
an official action of the City Council
C. Amendment of These Rules:.
The rules may be amended, or new rules adopted, by majority
vote of all members of the Council.
126
NOTICECITY
OF MEETING ��U�7���������kU����UU
~~^ ^^^~~ CITY ~~~~~~^-~~'~~
OF THE CITY OF SIOUX CITY IOWA
City Counc1 gendas are also available on the Internet at*xm/.siuux~oity.org.
You are hereby notified a meeting of the City Council of the City of Sioux City, |ovva, will be held
November 23, 2015, 4:00 p.m., local time, in the City Council Chambers, 5th F|oor, City Hall.
405 6th Streed, Sioux City, |ovva, for the purpose of taking official action on the agenda items
shown hereinafter and for such other business that may properly come before the Council.
This |maformal meeting during which the Council may take official action on various items of
business. K you wish to speak on an item, please follow the seven participation guidelines
adopted by the Councir for speakers.
1. Anyone may address the Council on any agenda item.
2. Speakers should approach the microphone one at a time and be recognized by the Mayor.
3. Speakers should give their name, spell their name. give their address, and then their
statement.
4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to
three minutes on any one item.
5. At the beginning of the discussion on any item, the Mayor may request statements in favor
of an action be heard first followed by statements in opposition to the action.
6. Any concerns or questions you may have which do not relate directly to a scheduled item
on the agenda will also be beard under Citizen Concerns.
7 For the benefit of all in ettandanoe, please turn off all cellular phones and other communi-
ombnndeviceavvhi1einthaCityCounci|Channberm.
1. Call of the rol|-Silentprayerandpledgeof Allegiance to the Flag - Proclamations
CONSENT AGENDA
Items 2 through 9E constitute a Consent Agenda. Items pass unanimously unless a sepa-
rate roll Gail vote is requested by a Council Member.
2. Reading of the City Council minutes of November 16 and 17, 2015.
TIF 'ReanhMon approving the Tax Increment Finance Annual Certification of Compliance
and Urban Renewal Report for Fiscal Year 2015.
4. T1F - Resolution certifying the Tax increment Financing Debt for the January 1, 2015 Taxa-
ble Valuations for FY 2016/2017. (T1F Debt Certification)
5. HISTORIC PEARL - Resolution accepting the work for the Historic Pearl District Alley Re-
construction P
e'oonotrucUonP jeot'PhameU.
0ANNUAL REPORTS
A. CONE PARK-MotionacmapdngendappnovinQtheConePa,k Design and Construc
tion Advisory Committee FY 2015 Annual Report,
(November 23, 2015 - City Council Agenda)
MUSEUM - Motion accepting and approving the Museum Board of Trustees FY 2015
Annual Report.
C. EFPPC - Motion accepting and approving the Effective Fiscal and Public Policy Com-
mittee FY 2015 Annual Report.
7. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS
A. GRUNDMAN-HICKS - Resolution accepting the work and authorizing final payment to
Grundman-Hicks, LLC of Cherokee, Iowa, for the Wastewater Treatment Plant Biofilter
Media Replacement Project.
B. MINGER CONSTRUCTION - Resolution approving Change Order Nos. 4 and 5, ac-
cepting the work, and authorizing final payment to Minger Construction, Inc.. for the
Wesley Parkway - Phase 1 Sanitary Sewer and Manhole Rehabilitation Project. (Pro-
ject No. 6677-539-215)
C. KP CONSTRUCTION - Resolution approving Change Order No. 1, accepting the work,
and authorizing final payment to KP Construction, Inc. for the BNSF Railroad Crossing
Repairs Pierce Street and Nebraska Street Project. (Project No. 6807-719-130)
D. TORT CLAIM - Resolution approving partial payment of a tort claim and authorizing
payment. (Powell Broadcasting)
8. APPLICATIONS FOR BEER AND LIQUOR LICENSES
A. CLASS "C" BEER PERMIT
1. Sarg's Mini Mart, 2329 West 2nd Street (Renewal)
2. International Market and Spanish Services, 607 Pearl Street (Renewal)
3. Central Mart, 1203 Tri View Avenue (Renewal)
4. Central Mart, 2501 Floyd Boulevard (Renewal)
B. CLASS "C° LIQUOR LICENSE
1. Old Chicago Pizza and Taproom, 5030 Sergeant Road (Renewal)
2. Townhouse Pizza & Lounge, 2701 Floyd Boulevard (Renewal)
3. Miles Inn, 2622 Leech Avenue (Renewal)
4. Sioux City Convention Center, 2730 Pierce Street Suite 300
(12/11/15 Temporary Transfer: Tri-State Specialists Open House)
C. CLASS "E" LIQUOR LICENSE
1. Central Mart, 1203 Tri View Avenue (Renewal)
2. Central Mart, 2501 Floyd Boulevard (Renewal)
D. SPECIAL CLASS "C" LIQUOR LICENSE
1. Winestyles, 5002 Sergeant Road (Renewal)
E. CLASS "B WINE PERMIT
1. Winestyles, 5002 Sergeant Road (Renewal)
2. International Market and Spanish Services, 607 Pearl Street (Renewal)
3. Central Mart, 1203 Tri View Avenue (Renewal)
4. Central Mart, 2501 Floyd Boulevard (Renewal)
(November 23, 2015 - City Council Agenda)
9. RECEIPT OF BOARD, COMMISSION AND COMMITTEE MINUTES:
A. Human Rights Commission - November 5, 2015
B. Parking and Skywalk System Board of Trustees - November 18, 2015
C. Pool Committee - November 2, 2015
D. Sioux City Sports Commission - November 10, 2015
E. Woodbury County Information and Communication Commission - October 14, 2015
- End of Consent Agenda -
HEARINGS
10. Hearing and Resolution approving plans, specifications, form of contract and estimated cost
for construction of the Southbridge Regional Water Supply Treatment Overflow Piping Ex-
tension Project.
DISCUSSION
11. Resolution approving Change Order No. 3, accepting the work, and authorizing final pay-
ment to T.R. Harris Construction Inc. for the 2014 Paving Patch Program. (Project No.
6750-719-121)
12. Resolution awarding and approving a contract to Hebert Construction Co„ Inc. in the
amount of $102,500 for the demolition of Alert Hangar 676, 2601 Keokuk Street at the
Sioux Gateway Airport/Col. Bud Day Field.
PRESENTATION
13. Downtown Partners Quarterly Update.
14. CITIZEN CONCERNS
15. COUNCIL CONCERNS
16. ADJOURNMENT
City Council agendas are also available at www.sioux-city.org.
The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, ser-
vices, or activities. individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux
City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204,
(712) 279-6259. This notice is provided as required by Title 11 of the Americans with Disabilities Act of 1990.
lt;\CityAgenda\Mnutes and Agendas\ Council Agendas120151112315a
(November 23, 2015 - City Council Agenda)
129
NovusAGENDA
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, November 23, 2015
5:30 PM
Page 1 of 7
CLOSE
CITY OF WATERLOO
GOALS
1. Support economic development efforts that attract, retain and create quality
jobs resulting in a diverse economic base and increased population.
2. Continue to support implementation of the Downtown Master Plan.
3. Facilitate and promote the development of housing options to meet the needs
of current and future Waterloo citizens.
4. Develop a customer -centered service delivery approach.
5. Seek additional opportunities to share services and resources with other
government entities.
6. Collaborate with statewide elected officials to reduce the burden on local
property taxes.
7. Address the changing public workforce needs in Waterloo.
8. Enhance and protect a diverse, family-oriented community where
neighborhoods are safe and well maintained.
9. Enhance the quality of place opportunities for the citizens of our community.
General Rules for Public Participation
1. At the chairlpresider's discretion, you may address an item on the current
agenda by stepping to the podium, and after recognition by the chair/presider,
state your name, address and group affiliation (if appropriate) and speak
clearly into the microphone.
2. You may speak one (1) time per item for a maximum of five (5) minutes as
long as you have registered with the City Clerks office no later than 4:00 p.m.
on the day of the Council Meetingif not registered with the City Clerk's office
you may speak one (1) time per item for a maximum of three (3) minutes.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider
will allow everyone who wishes to address the council, using the same
participation guidelines found in these "general rules".
4. Although not required by city code of ordinances, oral presentations may be
allowed at the chairfpresider's (usually the Mayor or Mayor Pro Tem)
discretion. The "oral presentations" section of the agenda is your opportunity
to address items not on the agenda. You may speak one (1) time for a
maximum of five (5) minutes as long as you have registered with the City
Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not
registered with the City Clerk's office a speaker may speak to one (1) issue
per meeting for a maximum of three (3) minutes. Official action cannot be
taken by the Council at that time, but may be placed on a future agenda or
referred to the appropriate department.
5. Keep comments germane and refrain from personal, impertinent or
slanderous remarks.
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b. Questions concerning mese rules or any agenda item may be directed to the
Clerk's Office at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on
Monday of the day of the City Council meeting to appear before the City
Council (may also register by phone). Registered speakers will be given first
priority.
Roll Call
Moment of Silence.
Pledge of Allegiance
Patrick Morrissey, Ward 3 Council Member
Agenda, as proposed or amended.
Minutes of November 16, 2015. Regular Session, as proposed.
Recognition of Elia Ellis for 30 Years of Service.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is
on file in the office of the City Clerk.
2. Resolution approving the request of Asim Mustedanagic for tax exemptions on
the construction a new duplex valued at $250,000 for property located at 4108 &
4110 Mockingbird Lane, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
3. Resolution approving the request of Rosemary Kleinheksel for tax exemptions
on the construction of a new single family home valued at $202,020 for property
located at 1405 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA)
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submitted by: Noel Anderson, u:ommunity Planning & uevelopment uirector
Resolution approving the request of Robert & Susan Funk for tax exemptions on
the construction of a new single family home valued at $194,268 for property
located at 1317 Hummingbird Circle. and located in the City Limits Urban
Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
Resolution approving the request of Michael & Nancy Shaw for tax exemptions
on the construction of a new single family home valued at $174,900 for property
located at 4103 Mourning Dove Drive, and located in the City Limits Urban
Revitalization Area (CLURA).
Submitted By. Noel Anderson. Community Planning & Development Director
Resolution approving the request of Lil Gaulle for tax exemptions on the
construction of a new single family home valued at $190,500 for property located
at 1025 Hummingbird Circle, and located in the City Limits Urban Revitalization
Area (CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
Resolution approving the request of Eric Savage for tax exemptions on the
construction of a new single family home valued at $174,900 for property located
at 4101 Mourning Dove Drive, and located in the City Limits Urban Revitalization
Area (CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
B Motion to approve the following'
1. TRAVEL REQUESTS
a. Pat Treloar, Chief of Fire Services
ClasslMeeting: Fire Department Policies and Procedures
Destination: Kansas City, MO
Dates: Dec. 2-3, 2015 Amount not to exceed: $700.00
b, Tajah Wright, Housing Coordinator
Class/Meeting: Housing Choice Voucher (HCV) Specialist Seminar &
Certification Exam
Destination: Des Moines, IA
Dates: Feb. 8-12. 2016 Amount not to exceed: $2,070.00
c. Julie Snider, Director
Class/Meeting: Public Housing Management Seminar & Certification Exam
Destination: Atlanta, GA
Dates: Feb. 28 - Mar 4, Amount not to exceed: $3,039.70
2016
d. Phillip Schuppert, Storm Water Specialist
Class/Meeting. Iowa Stormwater Summit Municipal Program, Policies &
Practices
Destination. Windsor Heights, IA
Dates: Dec. 2-3, 2015 Amount not to exceed: $193.00
e Officer Nichols
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Class/Meeting: Iowa Law Enforcement Academy Basic Level 11
Destination: Waterloo, IA
Dates: Aug. 31 - Oct. Amount not to exceed: $3,454.67
29, 2015
LIQUOR LICENSES
a. Jameson's Public House, 310 E. 4th Street
Class: C Liquor w1Outdoor Service / Catering
Renewal Application Includes Sunday
Expiration Date: 11/2/2016
b. Hy -Vee #1 Clubroom, 2834 Ansborough Avenue
Class: Special C Liquor B/W
Renewal Application Includes Sunday
Expiration Date: 10/16/2016
PUBLIC HEARINGS
2. F.Y. 2016 Northeast industrial Park Sanitary Sewer and Water Main Extension,
Contract No. 900
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to City
Engineer for review..
Resolution awarding contract to Rickfels Excavating of Anamosa, Iowa, in the amount
of $1,211,318.00.
Submitted By: Eric Thorson, PE, City Engineer
RESOLUTIONS
3. Resolution approving the Real Estate Purchase Agreement with Frost, Willard R.
Trust for the acquisition of 72.16 acres of land, immediately west of Ferguson
Enterprises, Inc. distribution center, at a 2:1 ratio for what the Trust is able to buy from
another farm in the county, via a 1031 exchange purchase, estimated at $20,000 per
acre (or $1, 523,200), with up to $3,500 in city environmental and closing costs, and
authorizing the Mayor and City Clerk to execute any necessary documents.
Submitted By: Noel Anderson, Community Planning & Development Director
4. Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck,
Iowa in the amount of $115,000.00 and approving the Contract, Bonds, and
Certificate of Insurance for the F.Y. 2016 Levee Tree Clearing (Black Hawk Creek
South Side), Contract No. 901, and authorize Mayor and City Clerk to execute said
documents.
Submitted By Jamie Knutson, PE, Associate Engineer
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r-esoiution approving memorandum of understanding wan irvr<Uuc, Tor gram writing
services related to a Low Head Dam Public Hazard Program grant application to be
used for design services for the Cedar River Whitewater, Habitat, and Bankside
Improvements Project for a fee amount of 1.5% of the awarded grant amount or a
minimum of $1,000.00 if grant is awarded.
Submitted By: Paul Huting, Leisure Services Director
6. Resolution approving application to the Iowa Department of Natural Resources for
Low Head Dam Public Hazard Funding, in the amount of $50,000.00 with a
$50,000.00 local match funded by Waterloo Development Corporation, and authorize
the Mayor to execute said application.
Submitted By: Paul Huting, Leisure Services Director
7. Resolution approving Development Agreement with AMA Real Estate, LLC for the
renovation and maintenance of the former Control -O -Fax building at 3070 West
Airline Highway, with the City acquiring 6.06 acres of land at $454,500 for future
development, and authorize Mayor to sign and fully execute the document.
Submitted By: Noel Anderson, Community Planning & Development Director
8. Resolution approving a grant contract with Black Hawk County Gaming Association
in the amount of $150,000 for a new video score board at Riverfront Baseball
Stadium.
Submitted By: Paul Huting, Leisure Services Director
9. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year
ended June 30, 2015 and authorizing the publication of the report and submission to
the State of Iowa.
Submitted By: Michelle C. Weidner, Chief Financial Officer
10. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Northeast Industrial Area Tax Increment
District and place the certification on file_
Submitted By: Noel Anderson, Community Planning & Development Director
11. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Midport! Airport Tax Increment District and
place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
12. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Rath Area Tax Increment District and place
the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
13. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Martin Road Tax Increment District and
place the certification on file,
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bubmittea by: noel /Anderson, t;ommunity manning 6 Development L)rrector
14. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 San Marnan Tax increment District and
place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
15. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Logan Avenue Tax Increment District and
place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
16. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Cattle Congress Tax Increment District and
place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
17. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Crossroads Waterloo Tax Increment District
and place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
18. Resolution approving certification to the Black Hawk County Auditor expenditures that
qualify for reimbursement in the FY2015 Downtown Waterloo Urban Renewal and
Redevelopment Tax Increment District and place the certification on file.
Submitted By: Noel Anderson, Community Planning & Development Director
19. Resolution approving electronic submission of the Tax Increment Finance (TIF)
reports to the State of Iowa for Fiscal Year 2015.
Submitted By:Noel Anderson, Community Planning & Development Director
ORDINANCES
20. An Ordinance amending the 2008 Traffic Code by amending Section 553, No
Parking Here To Corner, by adding (20a) Cough St, east side in a northerly
direction and west side in a southerly direction from West Third Street.
Motion to receive, file, consider and pass for the first time an ordinance amending the
2008 Traffic code by amending Section 553, No Parking Here To Corner, by adding
(20a) Clough Street, east side in a northerly direction and the west side in a southerly
direction from West Third Street.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt ordinance.
Submitted By:Sandie Greco; Traffic Operations Superintendent
21, An Ordinance amending the 2001 City Code by repealing Title 4, Public Health
and Safety, Chapter 4, Litter Control, Subsection 4-4-1 Definitions, Enforcement
Authority, in its entirety and insert in lieu thereof a new enforcement authority
to Title 4, Public Health and Safety, Chapter 4, Litter Control, Subsection 4-4-1
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uetinrtions, ana amenaing L napier b, municipal utticials, auosectlon, t,ity
Attorney, 1-5D-20, Additional Duties, in its entirety; and inserting in Lieu thereof
a new subsection 1 -5D -2D, AdditionalDuties.
Motion to receive, file, consider, and pass for the third time and pass an ordinance
amending the 2001 City Code by repealing Title 4, Public Health and Safety, Chapter 4,
Litter Control, Subsection 4-4-1 Definitions, Enforcement Authority, in its entirety and
insert in lieu thereof a new enforcement authority to Title 4, Public Health and Safety,
Chapter 4, Litter Control, Subsection 4-4-1 Definitions, and amending Chapter 5,
Municipal Officials, Subsection, City Attorney, 1 -5D -2D, Additional Duties, in its entirety;
and inserting in lieu thereof a new subsection 1 -5D -2D, Additional Duties.
Submitted By: Mayor Clark
ORAL PRESENTATIONS
ADJOURNMENT
Motion to adjourn.
Suzy Schares, CMC
City Clerk/Human Resource Director
MEETINGS
3:50 p.m. Council Work Session, Harold E. Getty Council Chambers
5:05 p.m. Human Resources Committee, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1 Airport Board Meeting Minutes, October 27, 2015_
2 Airport Board Meeting Minutes, September 29, 2015
3 Community Development Board Minutes of August 18,2015
4. Community Development Board minutes of September 15, 2015
136
http://waterloo.novusagenda.comfagendapublic/MeetingView.asps'?MeetingID=95&_Min... 11/25/2015
CITY OF WEST DES MOINES
COUNCIL AGENDA
date: April 20, 2015
time: 5:30 P.M.
MAYOR
COUNCILMEMBER AT LARGE
COUNCILMEMBER AT LARGE ,
COUNCILMEMBER 15T WARD
COUNCILMEMBER 2N° WARD
COUNCILMEMBER 3fttl WARD
STEVEN K. GAER
RICK MESSERSCHMIDT CITY MANAGER..-- TOM HADDEN
.,.. JIM SANDAGER CITY ATTORNEY RICHARD SCIESZINSKI
KEVIN L. TREVILLYAN CITY CLERK., RYAN JACOBSON
.... JOHN MICKELSON
RUSS TRIMBLE
1 Call to Order/Pledge of Allegiance/Roll Call/Approval of Agenda
2, Citizen Forum (Pursuant to City Council Procedural Rules citizen remarks are limited to five minutes under this agenda
category - if additional time is desired the Mayor/Council may allow continuation as part of the Other Matters portion of the
agenda)
3. Mayor/Council/Manager Report/Other Entities Update
4, Consent Agenda
a. Motion -
b. Motion -
c. Motion -
Approval of Minutes of April 6, 2015 Meeting
Approval of Bill Lists
Approval of Liquor Licenses:
1. BW's Inc. d/b/a BW's, 3701 EP True Parkway, Suite 400 -
Class LC Liquor License with Sunday Sales and Outdoor
Service - New
2. Casey's Marketing Company, dlbla Casey's General Store
#2150, 2125 Grand Avenue - Add Carryout Native Wine
Privileges to Existing Class BC Beer Permit with Sunday
Sales
3. Hy -Vee, Inc. d/b/a Hy -Vee Market Cafe, 1700 Valley West
Drive (Cafe Area) - Class LC Liquor License with Sunday
Sales - Renewal
4. Rogers Entertainment Ltd. d/b/a Legends American Grille,
5906 Ashworth Road - Class LC Liquor License with
Sunday Sales - Renewal
5. IA Lodging West Des Moines TRS, L.L.C. d/b/a Marriott
West Des Moines Hotel, 1250 Jordan Creek Parkway -
Class LB Liquor License with Sunday Sales and Catering
Privileges - Renewal
6. GMRI, Inc. d/b/a The Olive Garden Italian Restaurant
#1146, 3600 Westown Parkway - Class LC Liquor License
with Sunday Sales - Renewal
7 Rusty Spoke, Inc. d/b/a Rusty Spokes, 4221 South Orilla
Road - Class LC Liquor License with Sunday Sales and
Outdoor Service - New
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Council Agenda April 20, 2015
8. Kelly Midwest Ventures LP d/b/a Staybridge Suites, 6905
Lake Drive - Class LB Liquor License with Sunday Sales -
Renewa l
9. Boggs Properties, LLC d/b/a Sully's Irish Pub, 110 Grand
Avenue - Class LC Liquor License with Sunday Sales and
Outdoor Service - Renewal
10. Tres Amigos Bar & Grill, LLC d/b/a Tres Amigos Mexican
Restaurant, 304 5° Street - Temporary Expanded Outdoor
Service Area to be added to Existing Class LC Liquor
License - May 2-5, 2015
d. Motion - Approval of Cigarette Permit
e. Motion - Approval of Extended Sound Permit - Nature Lodge Wedding,
May 2, 2015
Motion - Approval of Fireworks Display - Willow Creek Golf Course, May 2,
2015
g. Motion - Approval of Appointment - Library Board of Trustees
h. Motion - Approval to Sell Surplus City Equipment
Motion - Approval of Grant Application - Governor's Traffic Safety Bureau
Traffic Enforcement Program
j. Motion - Approval of Agreement with Kutak, Rock, LLP
k. Motion - Approval of Park Use Agreement - International Soccer League of
1 owa
Motion - Approval of Contract - 2015 Spring Tree and Stump Removal
m. Motion - Approval of Contract Addendum - Copier Contract
n. Resolution - Order Construction:
1. 2015 PCC Reconstruction Program
2. 2015 Sewer Rehabilitation Program
3. Alluvion Blue Fiber Route
o. Resolution - Approval of Railroad Agreement - Grand Avenue Improvements,
Phase 5
P. Resolution - Approval of Extension of Entitlement - Office at the Galleria, 645
South 60 Street
q. Resolution - Establish Public Hearing Regarding the Final Design, Site
Selection and Consideration of Acquiring Agricultural Property -
Grand Prairie Parkway Interchange at 1-80
r. Resolution - Establish Just Compensation and Approve Acquisition of Property
- Intersection Improvements (50° Street and Corporate Drive; 50{''
Street and University Avenue; 92' Street and University Avenue)
s. Resolution - Approval of Allowance for Placement of Utilities in Front Yard -
Woodland Hills of West Des Moines Plat 1
t. Resolution - Approval of Purchase Agreement, Deeds and Easements - South
Grand Prairie Parkway, Wendover Road to Mills Civic Parkway
u. Resolution - Approval of Purchase Agreements and Easements:
1. Fox Creek Sanitary Sewer Improvements, Phase 2
2. Grand Avenue Improvements, Phase 5
3. Grand Avenue Improvements, Phase 6
4. Thornwood Sanitary Sewer Improvements, Phase 3
v. Proclamation - Approval of Proclamations:
1. Earth Day - April 22, 2015
2. Arbor Day - April 24. 2015
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Council Agenda April 20, 2015
5. Old Business
a. Tallyn's Reach, generally located at the intersection of Cascade Avenue and
South 91St Street - Amend the Planned Unit Development (PUD) to Remove the
Minimum Age Requirement for PUD Parcel F Jerry Bussanmas
1. Ordinance - Approval of Second, Third Readings and Final
Adoption
6. Public Hearings (5:35 p.m.)
a. Platinum Pointe Townhories (flkfa Whisper Ridge Townhomes), southwest
corner of Bridgewood Boulevard and South 88th Street - Rezone approximately
13.3 acres from Residential Medium Density to a Planned Unit Development
(PUD) to Allow Construction of a Townhome Development - Hale Development
Company, LLC
1. Ordinan.Je - Approval of First Reading
2015 Sewer Lining Program - City Initiated
1, Resolution - Approval of Plans and Specifications
2. Motion - Receive and File Report of Bids
3. Resolution - Award Contract
2015 Sump Pump Sewer Program - City Initiated
1. Resolution - Approval of Plans and Specifications
2. Moton - Receive and File Report of Bids
3, Resolution - Award Contract
d. 2015 Valley Junction Brick Paver Repair Program - City Initiated
1. Resolution - Approval of Plans and Specifications
2. Motion - Receive and Fite Report of Bids
3. Resolution - Award Contract
7. New Business
a. King's Valley Subdivision Plat 2, 6135 Beechtree Drive - Transfer Portion of
Unplatted Property to Enlarge Square Footage of Lot 30, King's Valley
Subdivision Plat 1 - Davis Estates, Ltd.
1. Resolution - Approval of Preliminary Plat.
Village of Ponderosa Plat 6, northeast corner of the intersection of Flagstone
Way and South Ridgefield Way - Subdivide Property into Seven Lots for Single
Family Development - Homes by DePhillips
1. Resolution - Approval of Preliminary Plat
c. Village cf Ponderosa Plat 8, 419, 423, 437, 439, 441, 443, and 445 South
Crescenr Way - Subdivide Property into Seven Lots and One Outlot for Single
Family Development - Homes by DePhillips
1. Resolution - Approval of Preliminary Plat
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Council Agenda April 20, 2015
d. Aspire (flkla Roger's Farm East), south of Stagecoach Drive, east of Jordan
Creek Parkway, west of South 68'r' Street - Subdivide Property into 26 Lots and
One Street Lot for Construction of a 222 -unit Condominium Development -
Aspire Residential, LLC
1. Resolution - Approval of Preliminary Plat and Site Plan
e. Hy -Vee Corporate Expansion, 582C Westown Parkway - Construction of a
152,000 sq. ft. Expansion of Office Space, Conference Center, and Underground
Parking - Hy -Vee, Inc.
1. Resolution Approval of Major Modification
f, Alluvion Urban Renewal Area TIF Ordinance - City Initiated
1. Ordinance - Approval of First Reading
$. Receive, File and/or Refer
9. Other Matters
CITY COUNCIL WORKSHOP
(immediately follows Council meeting)
1. Grand Technology Gateway Study
Other Matters
The City of West Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages their
participation in city government. Should special accommodations he required }Tease contact the Clerk's office at least 411 hours
in advance, at 722-3600 to have accommodations provided.
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