HomeMy WebLinkAbout1993-06-08 Resolution
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RESOLUTION NO. 93-119
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine Iicenselpermit, to wit:
Fraternal Order of Eagles Iowa City Aerie #695 - 225 ffi'N 1 S.
It was moved by ^mhri oen and seconded by Hormdtz
as read be adopted, and upon roll call there were:
that the Resolution
AYES:
NAYS:
ABSENT:
x
x
Ambrisco
Courtney
Horowitz
Kubby
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McDonald
Novick
Passed and approved this
8tlday of June
~
, 19.93.,
ATTEST:~ ,f ~.J
CIT CLERK
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RESOLUTION NO. 93-120
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE 1993 SANITARY AND STORM SEWER PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above.menlloned project Is to be held on the 22nd day of June,
1993, at 7:30 p.m. In the Council Chambers, Civic Center, Iowa City, lowao
2. That the City Clerk Is hereby authorized and directed to publish notice of the public
hearing for the above.named proposal In a newspaper published at least once weekly and
having a general circulation In the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public Inspection.
It was moved by Arnbrisco and seconded by
adopted, and upon roll call there were:
Horowi tz the Resolution be
AYES: NAYS: ABSENT:
-X.- - Ambrisco
-X.- Courtney
-L- - Horowitz
\ -X- Kubby
-
-X.- - McDonald
-X.- Novick
Passed and approved this 8th day of June .1993.
ATTEST: ~ ~ ~
CITY CLERK
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MAYOR
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RESOLUTION NO. 93-121
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND
REPLACEMENT OF THE ROOF AND INSULATION ON THE ROBERT A. LEE
COMMUNITY RECREATION CENTER, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION
DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project Is to be held on the 22nd day of June,
1993, at 7:30 p.m. In the Council Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk Is hereby authorized and directed to publish notice of the public
hearing for the above.named proposal in a newspaper published at least once weekly and
having a general circulation In the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project Is hereby ordered placed on file by the Parks and
Recreation Director In the office of the City Clerk for public Inspection.
It was moved by Ambirsco and seconded by
adopted, and upon roll call there were:
HorOllitz the Resolution be
AYES: NAYS: ABSENT:
\ x Ambrisco
x Courtney
x Horowitz
x Kubby
x McDonald
x Novick
Passed and approved this Rt'h day of Tl1np ,1993.
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ATTEST: '11':"..).(..,M.w
CITY LERK
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RESOLUTION NO. 93-122
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE
EXECUTED FOR PROPERTY LOCATED AT 609 FIRST AVENUE.
WHEREAS, on April 25, 1986, the property owners of 609 First Avenue, Iowa City, Iowa,
executed a Promissory Note to the City of Iowa City in the amount of $17,500 in exchange
for a no-interest, declining balance loan; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, under the terms of the Promissory Note, the declining balance loan was forgiven
on April 25, 1993.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the affected property from an obligation
of the property owners at 609 First Avenue to pay to the City the principal amount of
$17,500, which obligation was recorded in Book 841, Pages 145-46, of the Johnson County
Recorder's Office.
. It was moved by Ambrisco end seconded by HorOl~itz the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
--X- Ambrisco
-X- Courtney
\ -X- Horowitz
X Kubby
-X-- McDonald
-X-- Novick
Passed and approved this 8th day of June ,1993.
ATTEST: ~.u.4...) ,r. ~
CIT CLERK
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RELEASE OF LIEN
The City of Iowa City does hereby release the following property:
Lot Two (2) in Block Three (3), In East Iowa City, Johnson County, Iowa, according
to the recorded plat thereof,
from an obligation of the property owners of 609 First Avenue to the City of Iowa City In the
principal amount of $17,500 represented by a Promissory Note recorded in the Office of the
Johnson County Recorder's Office on May 1, 1986, in Book 841, Pages 145.46.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY
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Mayor
Attest: ~~.J!. ~A)
City lerk
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STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this ~ +It day of JUn. , 192:L-, before me, ~dNJ
\:"",..\") - , a Notary Public In and for the State of Iowa, personally
appeared Derrel G. Courtney and Marian K. Karr, to me personally known, end, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seel affixed to the foregoing instrument is the corporate seal of
the corporation, and that the Instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (6rdlnaAeel (Resolution) No. 93-1?2.
passed (the Resolution adopted) by the City Council, under Roll Call No. ----- of tha
City Council on the B +- day of J'W\< , 19 iL-, end that Darrel G.
Courtney and Marian K. Karr ecknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
So-n<Lw \.;b-
Notary Public in and for the State of Iowa
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RESOLUTION NO.
93-123
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CllY OF IOWA
CIlY, IOWA AND IOWA STATE BANK & TRUST COMPANY FOR PROPERlY
LOCATED AT 1556 FIRST AVENUE, IOWA CllY, IOWA.
WHEREAS, the City of Iowa City Is the owner and holder of a UCC Financing statement executed
by the owners of the Systems Unlimited Building located at 1556 First Avenue, Iowa City, Iowa,
and recorded on August 2, 1991, in Book 1263, Page 171 In the Johnson County Recorder's
Office covering the following described real estate:
Entire first floor of building located at 1556 1 st Avenue, Iowa City, Iowa, located
on the following described tract of real estate: Lots 8 and 9 of Eastdale Mall, an
addition to the City of Iowa City, Iowa, according to the plat thereof recorded In
Book 15, Page 71, Plat Records of Johnson County, Iowa.
and
WHEREAS, said Financing Statement covers certain equipment described as an LSC Auto
Equalizer Closer; and
WHEREAS, because the owners wish to refinance the building, Iowa State Bank & Trust
Company, Iowa City, Iowa, proposes to loan owners the sum of $380,000 secured by a mortgage
covering the real property described above; and
WHEREAS, It Is necessary that the Financing Statement held by the City be subordinated to the
lien of the proposed mortgage In order to Induce Iowa State Bank and Trust Company to make
such a loan; end
WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the
attached subordination agreement thereby making said Financing Statement held by the City
subordinate to the lien of said mortgage to Iowa State Bankand Trust Company; and
WHEREAS, there Is sufficient value In the above.descrlbed real estate to secure said Financing
Statement as a second tleno
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CllY OF IOWA CllY,
IOWA, that the Mayor Is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and Iowa State Bank and Trust Company
of Iowa City, lowao
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
NAYS:
ABSENT:
...!.-
x
X
-X-
Ambrlsco
Courtney
Horowitz
Kubby
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McDonald
Novick
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Passed and approved this 8th day of
June
,1993
ATTEST: ?lf~At) I. ~AJ
CI CLERK
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SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
IOI;A STATE BANK & TRUST COMPANY of IONA CITY, IA , herein
the Flnanclallnstitullono
WHEREAS, the City Is the owner and holder of a certain UoC.C. Financing Statement for
equipment described as an LSC Auto Equalizer Closer. Said Financing Statement was executed
by Smith-Moreland Properties and Svstems Unllmltedo Inc. (herein the Owners), and recorded
on August 2, 1991, In Book 1263, Page 171, Johnson County Recorder's Office, covering the
following-described real property:
Entire First Floor of building located at 1556 1 st Avenue, Iowa City, Iowa, located on the
foliowlng-described tract of real estate: Lots 8 and 9 of Eastdale Mali, an addition to the
City of Iowa City, Iowa, according to the plat thereof recorded In Book 15, Page 71, Plat
Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $,/ 380 , 000.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described above; and
WHEREAS, to Induce the Financial Institution to make such loan, It Is necessary that the
Financing Statement held by the City be subordinated to the lien of the mortgage proposed to
be made by the Financial Institution.
NOW, THEREFORE, In consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. SubordInation. The City heleby covenants and agrees with the Financial Institution that
the above noted Financing Statement held by the City Is and shall continue to be subject
and subordinate to the lien of the mortgage about to be made by the Financial Institution.
2.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollers ($150000) and other good and valuable consideration for Its act
of subordination herelno
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30 Senior Mortgege. The mortgage In favor of the Financial Institution Is hereby
acknowledged as a lien superior to the Financing Statement of the City.
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SUBORDINATION AGREEMENT
Page 2
40 Binding Effect. This agreement shall be binding upon and Inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 5TH day of MAY
;;:JJl CITY
By, ~
Mayor
By
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Attest;
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CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~.,\ day of -lW\L , 19J, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared -Or. ("r-~ I C:" CC>L<,t"t and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say thafii;ay are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing Instrument Is the corporate seal of the corporation, and that the Instrument was signed
and sealed on behalf of the corporation, by authority of Its City Councli, as contained In
Resolution No. '1& - Iz3 passed by the City Council on the 'f fJ, day of
:rtA,,~ , 19~, and that .0000r....1 (;" C'D","1'''4~ and MarianI<. Karr
acknowledged the execution of the Instrument to be their volunfary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
'S~ \;f9'
Notary Public In and for the State of Iowa
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SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA J
) SS:
JOHNSON COUNTY )
On this 5TH day of MAV , A.D. 19 93 ,before me, the
undersigned, a Notary Public In and for the State of Iowa, personally appeared
KENT L. JEHLE and JACK A. KOBERG , to me personally known, who being
by me duly sworn, did say that they are the VICE PRESIOENT and
SENIOR VICE PRESIOENT I respectively, of said corporation executing the within and foregoing
Instrument to which this Is attached, that said instrument was signed and sealed on behalf of said
corporation by authority of Its Board of Directors; and that the said KENT L. JEHLE
and JACK A. KOBERG as such officers acknowledged the
execution of said Instrument to be the voluntary act and deed of said corporation, by It and by
them voluntarily executedo
PAllEU J. HILLYER
lIY COMMISSION EXPIfIfS
.lJ~31.1995
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SUBORDINATION AGREEMENT
THIS AGREEMENT Is made by and between the City of Iowa City, herein the City, and
IONA STATE BANK & TRUST COMPANY of IONA CITY, IA , herein
the Financial Institution.
WHEREAS, the City the owner and holder of a certain U.C.C. Financing Statement for
equipment described as n LSC Auto Equalizer Closer. Said Financing Statement was executed
by Smith-Moreland Pro les and S stems Unlimited Inc. (herein the Owners), and recorded
on August 2, 1991, in Boo 1263, Page 171, Johnson County Recorder's Office, covering the
following-described real pro erty:
Entire First Floor of bulldln located at 15561st Avenue, I wa City, Iowa, located on the
following-described tract of al estate: Lots 8 and 9 of astdale Mall, an addition to the
City of Iowa City, Iowa, accor Ing to the plat thereof r orded In Book 15, Page 71, Plat
Records of Johnson County, I wa.
WHEREAS, the Financial Institution prop ses to oan the sum of $,/ 380 , 000.00 on a
promissory note to be executed by the Fina lal J stitutlon and the Owner, securing a mortgage
covering the real property described above; d
WHEREAS, to Induce the Financial Instlty Ion to make such loan, It Is necessary that the
Financing Statement held by the City be;ubordl ated to the lien of the mortgage proposed to
be made by the Flnanclallnstltutlono /
NOW, THEREFORE, In conSlderztlO Iof the mutual co nants and promises of the parties hereto,
the parties agree as follows:
10 Subordination. The Clt hereby covenants and ag, as with the Financial Institution that
the above noted Flnapblng Statement held by the CI s and shall continue to be subject
'and subordinate to )~e lien of the mortgage about to be ade by the Financial Institution.
2. Consideration. /~he City acknowledges receipt from the 'Financial Institution of One
Hundred and ~(ty Dollars ($150000) and other good and valuable consideration for Its act
of sUbordlilon herelno
30 Senior Mortgage. The mortgage In favor of the Financial Institution Is hereby
acknowl6dged as a lien superior to the Financing Statement of the Cltyo
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SUBORDINATION AGREEMENT
Page 2
4. Binding Effect. This agreement shall be binding upon and Inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 5TH day of MAY
CITY OF IOWA CITY
By_
\- Mayor
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Attest:
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City Clerk
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CITY'S ACKNOWLEDGEMENT \
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JOHNSON COUNlY )
On this day of II I 19 j, before me, the undersigned, a Notary
Public In and for the State of lowf. personally appe~ed and
Marian K. Karr, to me personally ~nown, and, who, belng'tY-me duly sworn, did say that they are
the Mayor and City Clerk, resp~ctively, of the City of IdWa'Clty, Iowa; that the seal affixed to the
foregoing instrument Is the corporate seal of the corporaliQn, and that the Instrument was signed,
and sealed on behalf of t~e corporation, by authority b~ Its City Council, as contained In
Resolution No. " passed by the City Council on the day of
,19,' , and that \, and Marian I<. Karr
acknowledged the exec,ution' of the Instrument to be their vOIUQtary act and deed and the
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STATE OF IOWA
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SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY ) I
On this 5TH day of , A.D/~9 93 ,before me, the
undersigned, a Notary Public In and for the State ~f Iowa, personally appeared
KENT L. JEHLE and J CK A. KOeERG ~t me personally known, who being
by me duly sworn, did say that they are the VICE PRESIDENT and
SENIOR VICE PRESIDENT ,respectlv Iy, of said corpora~1 executing the within and foregoing
Instrument to which this Is altached;thi~sald Instrument as signed and sealed on behalf of said
corporation by authority of Its Board of blrectors; an7dl at the said KENT L. JEHLE
and JACK A. KOBtRG as such officei's acknowledged the
execution of said Instrumenl to be Ihe valli tary act/and deed of said corporation, by II and by
them voluntarily executedo /
PAIlEI.AJ. HIl.LYEA
lIY 00lIM1SSIlN EXPIlSS
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RESOLUTION NO.
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1(6
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
A1lEST A SECOND AMENDED ANCILLARY AGREEMENT BETWEEN FRANlZ
CONSTRUCTION, INC. AND THE CITY OF IOWA CITY, IOWA CONCERNING
STORMWATER MANAGEMENT OBLIGATIONS FOR MT. PROSPECT ADDITION,
PARTS V.VIII.
WHEREAS, on July 7, 1992, the City Council approved an Ancillary Agreement Between Frantz
Construction, Inc. and the City of Iowa City, Iowa Concerning Stormwater Management
, Obligations for Mt. Prospect Addition, Parts V-VIII (hereinafter "Ancillary Agreement") wherein the
Parties agreed to transfer Frantz's stormwater management obligation from Mt. Prospect Addition,
Part V to Mt. Prospect Addition, Parts VI-VIII In order to allow the City to Investigate the possibility
of constructing a regional stormwater management facility In the Mt. Prospect development area;
and
WHEREAS, on February 23, 1993, the City Council approved an Amended Ancillary Agreement
which extended the time permitted for the City to conclude Its Investigation of a regional
stormwater management facility and make a decision on the possible regional stormwater
management facility; and
WHEREAS, the Amended Ancillary Agreement provides that the City will make a decision
regarding regional stormwater management no later than the final plat of Mt. Prospect Part VI or
January 1, 1994, whichever is earlier; and
WHEREAS, Frantz Construction Coo, Inco has submitted the final plat of Mt. Prospect Part VI for
Council approval; and '
WHEREAS, the City has not concluded Its investigation of a regional stormwater management
facility; and
WHEREAS, It Is in the public interest to permit the City to complete Its investigation and thereby
achieve an overall regional solution to stormwater management control In the area; and
WHEREAS, the Second Amended Ancillary Agreement extends the deadline for making a
decision on the pbsslble regional stormwater management facility to July 1, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
,
It Is In the public Interest to execute the Second Amended Ancillary Agreement to extend
the deadline for the City to make a decision regarding a possible regional stormwater
management facility.
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2. The Mayor Is hereby aLlthorlzed to execute and the City Clerk to attest the Second
Amended Ancillary Agreement, a copy of which is attached heretoo
3. The City Clerk is authorized to certify a copy of this Resolution for recordation, along with
the Second Amended Ancillary Agreement, In the Office of the Johnson County Recorder.
1~89
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It was moved by and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Passed and approved this
day of
MAYOR
ATTEST:
CITY CLERK
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the Resolution be
Ambrlsco
Courtney
Horowitz
Kubby
McDonald
Novick
,1993.
Approved by
\1Y7~
City Attorney's Office
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SECOND AMENDED ANCILLARY AGREEMENT BETWEEN FRANnCONSTRUCTION,
INC. AND THE CITY OF IOWA CITY, IOWA CONCERNING STORMWATER
MANAGEMENT OBLIGATIONS FOR MT. PROSPECT ADDITION, PARTS V.VIII
This Agreement Is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter '~he City") and Frantz Construction Company, Inco, an Iowa Corporation (hereinafter
"Frantz").
WHEREAS, on July 7, 1992, the City Council approved an Ancillary Agreement Between Frantz
Construction, Inc. and the City of Iowa City, Iowa Concerning Stormwater Management
Obligations for Ml. Prospect Addition, Parts V-VIII (hereinafter "Ancillary Agreement") wherein the
Parties agreed to transfer Frantz's stormwater management obligation from Ml. Prospect Addition,
Part V to Ml. Prospect Addition, Parts VI-VIII In order to allow the City to investigate the possibility
of constructing a regional stormwater management facility in the Mt. Prospect development area;
and
WHEREAS, on February 23, 1993, the City Council approved an Amended Ancillary Agreement
which extended the time permitted for the City to conclude its investigation of a regional
stormwater management facility and make a decision on the possible regional stormwater
management facility; and
WHEREAS, the Amended Ancillary Agreement provides that the City will make a decision
regarding the regional stormwater management no later than the final plat of Mt. Prospect Part
VI or January 1, 1994, whichever Is earlier; and
WHEREAS, Frantz has submitted the final plat of Mt. Prospect Part VI for Council approval; and
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WHEREAS, the City has not concluded Its Investigation of a regional stormwater management
facility; and
WHEREAS, it Is In the public Interest to permit the City to complete Its Investigation and thereby
achieve an overall regional solution to the stormwater management control In the area; and
WHEREAS, the Parties now wish to amend the Ancillary Agreement as amended to extend the
deadline for making a decision on the possible regional stormwater management facility.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
10 The Pertles acknowledge that the Ancillary Agreement as amended requires the City to
conclude Its Investigation of a regional stormwater management facility, and to make a
decision on the possible regional stormwater management facility within a reasonable
time, and no later than the final plat of Mt. Prospect Part VI or January 1, 1994, which
ever Is earllero
20 The Parties acknowledge that the City has not yet completed Its Investigation of the
possible regional stormwater management facility and Is, therefore, not In a position to
make a decision on the possible regional stormwater management facility at this timeo
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3. The original Ancillary Agreement dated July 7, 1992, and recorded In Book 1117, Pages
232-235 of the Johnson County Recorder's Office and the Amended Ancillary Agreement
dated February 23, 1993, and recorded in Book 1506 Pages 133-135 of lhe Johnson
County Recorder's Office shall be and are hereby amended by deleting the first
paragraph of Section 2 of the Agreement as amended In its entirety and Inserting In lieu
thereof the following:
20 In consideration for Frantz's agreement to transfer this obligation from Mt.
Prospect Addition, Part V to Parts VI-VIII, City agrees to conclude Its Investigation
of a regional stormwater management facility, and agrees to make a decision on
the possible regional stormwater management facility within a reasonable time and
no later than July 1, 19940
40 The Parties acknowledge that this Second Amended Ancillary Agreement shall be deemed
to be a covenant running with the land and with the title to the land. The Parties further
acknowledge that this Agreement shall inure to the benefit of and bind all successors,
representatives and assigns of the Partleso
5. The Parties agree that nothing In this Second Amended Ancillary Agreement In any way
alters, amends or modifies the original Anciliary Agreement except as set forth aboveo
60 The Parties agree that the extension of the City's deadline for making a decision
regarding the possible regional stormwater management facility does not in any way
adversely affect the City's Interests.
7. The Parties agree that the City shall record this Second Amended Ancillary Agreement
In the Johnson County Recorder's Officeo
DATED this
day of
,19930
FRANTZ CONSTRUCTION COMPANY, INC.
BY:
William L. Frantz, President & Secretary
CITY OF IOWA CITY, IOWA
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BY:
Darrel Go Courtney, Mayor
ATTEST:
Marian K. Karr, City Clerk
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STATE OF IOWA )
)SS:
JOHNSON COUNTY )
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On this _ day of February, 1993, before me, the undersigned, a Notary Public In and
for the State of Iowa, personally appeared William L. Frantz, to me personally known, who being
by me duly sworn did say that he Is the President and Secretary of the corporation executing the
within and foregoing Instrument, that no seal has been procured by the corporation; that said
Instrument was signed on behalf of the corporation by authority of Its Board of Directors; and that
WIlliam L. Frantz as officer acknowledged the execution of the foregoing Instrument to be the
voluntary act and deed of the corporation, by It and by him voluntarily executed.
Notary Public In and for the State of
Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _ day of February, 1993, before me, the undersigned, a Notary Public in nd
for said County, In said State, personally appeared Darrel G. Courtney and Marian K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the foregoing Instrument; that the seal affixed
thereto Is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of City council of said municipal corporation;
and that the Darrel G. Courtney and Marian K Karr acknowledged that execution of said
Instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily
executed.
Notary Public in and for the State of
Iowa
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RESOLUTION NO.
J(
110
RESOLUTION APPROVING FINAL PLAT OF MT. PROSPECT ADDITION,
PART VI, IOWA CITY,IOWA.
WHEREAS, the owner, Frantz Construction Co., Inc. filed with the City Clerk the final plet of
Mt. Prospect Addition, Part VI, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision Is located on the followlng.described real estate in Iowa City,
Johnson County, Iowa, to wit:
Commencing at the Northeast Corner of the Northwest Quarter of Section 23,
Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence
S01 039'1 O'E, 375.10 feet, to the Centerline of U.S. Highway No.6, at
Centerline Station 222 + 12.6; Thence S01 020'1 O'E, along the Centerline of
Sycamore Street, 2763.40 feet; Thence NS8046'56"E, 35.00 feet, to a Point
on the Eesterly Right.of-Way Line of said Sycamore Street; Thence
N01 020'10'W, along said Easterly Right-of-Way Line, 13S.00 feet, to the
Northwest Corner of Mount Prospect Addition, Part V, in accordance with the
Plat thereof Recorded in Plat Book 32, at Page 286, of the Records of the
Johnson County Recorder's Office, said Northwest Corner being the Point of
Beginning; Thence continuing N01 020'10'W, along said Eesterly Right'of-Way
Line, 310.12 feet, to the Southwest Corner of Mount Prospect Addition, Part
1A, in accordance with the Plat thereof, Recorded In Plat Book 11, at Page 49,
of the Records of the Johnson County Recorder's Office; Thence
NS8040'41'E, along the Southerly Line of Said Mount Prospect Addition, Part
1A, 128.07 feet; Thence N72040'45'E, along said Southerly Line, 51.97 feet;
Thence NS8042'21'E, along said Southerly Line.. 321.27 feet; Thence
N740 13'4S'E, along said Southerly Line, 180.24 feet; Thence S01 013'04'E,
370.49 feet, to the Northeast Corner of Lot 230, of said Mount Prospect
Addition, Part V; Thence S8S046'56'W, along the Northerly Line of said Mount
Prospect Addition, Part V, 673.09 feet, to the Point of Beginning. Said Tract'
of Land Contains 5.06 Acres, more or less, and is subject to easements and
restrictions of record.
WHEREAS, the Depertment of Plenning and Community Development and the Public Works
Depertment examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat end subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1993) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The final plat and subdivision located on the above.described real estate be end the
same ere hereby approved, and the dedication of the streets and easements Is
accepted as provided by law.
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Resolution No.
Page 2
2. Tha Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to executa all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passege end epproval by law. The owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
It was moved by and seconded by
adopted, end upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Passed end approved this
day of
,1993.
MAYOR
Approved by
ATTEST:
CITY CLERK
C()I-
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STAFF REPORT
To: Planning & Zoning Commission
Item: SUB 93-0006. Mt. Prospect Addition
Part VI
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
location:
Size:
Comprehensive Plan:
Existing lend use and zoning:
\
Surrounding land use and zoning:
Appllceble regulations:
File date:
45.day limitation period:
60'dey limitation period:
Prepared by; Robert Miklo
Date: May 20, 1993
Frantz Construction Company, Inc.
325 Third Street
Iowa City, IA 52240
Contact Person: Bill Frantz
(319) 338.7923
Final plat approval.
A 16-lot, single-family residential subdi-
vision.
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East of Sycamore Street, west of Grant
Wood Elementary School.
5.06 acres.
Residential, 2 to 8 dwelling units per
acre.
Undeveloped; RS-5.
North. Single.family residential; RS.5.
East - Grant Wood Elementary Schooll
Fairmeadows Park, P.
South - Sin9le.family residential under
construction; RS-5.
West. Agricultural, undeveloped; RS-5.
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Zoning Ordinance, Subdivision Regula-
tions, Storm water Management Regula-
tions.
May 10, 1993 (date of submission of
legal documentso
June 24, 1993.
July 9, 1993.
lopa
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SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
services have been extended to the
site.
Public services:
Police, fire protection and sanitation
services will be provided by the City.
Transportation:
The site Is accessible to vehicular traf.
fie via Palmer Circle, which intersects
with California Avenueo California Ave-
nue intersects with Sycamore Street (a
secondary arterial street). There are
two nearby transit routes, Broadway
and Lakeside with stops at Sycamore
Street and California Avenue.
physical characteristics:
The site is generally flat, gradually
sloping downward from the north to
the south/southeast.
ANALYSIS:
The preliminary plat for Mt. Prospect, Parts V and VI, a 13.2 acre subdivision of 41 single-
family residential lots, was approved by the City Council on March 3, 1992. The applicant
now requests epproval of the finel plat of Mt. Prospect Addition, Part VI, a 16-lot,
approximate 5.06 acre subdivision. The final plat for Part VI, as submitted, is in general
compliance with the approved preliminary plat for this development. Discrepancies and
deficiencies are noted at the end of this report.
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Stormwater Management: At the time of preliminary plat approval for Mto Prospect Addition,
Part V to VI, the City entered into an enclllary agreement with the applicant specifying thet
the construction of a stormwater basin for this subdivision would not occur until the City had
the opportunity to review the possibility of creetlng a regional storm water basin for this area.
The agreement specified that the City would make its decision prior to the final plat approve'
of Mt. Prospect Addition, Part VI or January 1, , 994, whichever came earlier. The City is not
yet in the position to make a decision regardin9 the best method of storm water management
in this area. Therefore, the ancillary agreement should be amended to allow the City more time
to examine this issue.
Sanitary Sewer: The City extended the Sycamore Trunk Sewer to serve this and surrounding
areas with the Intention of recouping the cost of the sewer extension through tap on fees at
the time of subdivision developmento The legal papers for this subdivision should specify the
tap on fee requirements.
Sidewalks: It Is expected that, with improvements to Sycamore Street, en ei9ht foot wide
sidewalk will be Installed elong the east side of Sycemore Street. The developer should delay
Installation of sidewelks along Sycemore Street until that roadway is improved. Instead, the
/090
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3
developer should pay the cost of installing half of the width of the eight foot wide sidewaik.
The legal documents should reflect this provision.
Lot "A" located between Lots 255 and 256, will contain a sidewalk connecting Palmer Circle
and the Grant Wood School property. The Iowa City School District has agreed to accept
dedication of Lot "A" and the sidewalk. This will relieve the owners of Lots 255 and 256 of
the responsibility for maintaining the sidewalk. The legal papers should specify that a 6 foot
wide sidewalk will be built on Lot "A" at the time Palmer Circle is constructed and that Lot
"A" will be dedicated to the Iowa City Community School District.
STAFF RECOMMENDATION:
Staff recommends that consideration of the final plat of Mt. Prospect Addition, Part VI, be
deferred but thet, upon resolution of the deficiencies and discrepancies listed below, the plat
be approved, subject to staff approval of legal documents Including en emended ancillary
agreement regarding storm water management prior to City Council consideration of the final
plat.
DEFICIENCIES ANO DISCREPANCIES:
1. The legal description and plat drawing are inconsistent. They should be checked for
accuracy and corrected.
2. A curve data table should be included on the final plat.
3. The blanks for the book and page for Mount Prospect Part V should be filled in.
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4. The legal documents should contain a storm sewer and drainage easement agreement
that would allow for alternative forms of storm water management as per Public Works
approval; specifications concerning the sanitary sewer tap-on-fee requirements; en
agreement requiring the developer to upfront the cost of one-half of the eight foot wide
Sycamore Street sidewalk; an agreement specifying that a 6 foot wide sidewalk will be
built on lot "A" at the time Palmer Circle is built and that lot "A" will be dedicated to
the Iowa City Community School District.
ATTACHMENT:
Location Map.
ACCOMPANIMENT:
Final Plat Mount Prospect Addition, Part VI.
Approved by: hjrJ 4.. .,{r
Monica Moen, Senior Planner
Department of Planning and
Community Development
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RESOLUTION NO.
d{
hi J-')-
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF WALDEN
SQUARE, PART 2, A RESUBDIVISION OF LOT 1 OF WALDEN SQUARE,IOWA
CITY, IOWA.
WHEREAS; the owner and subdivider, Southgate Development Co., Inc., has flied with the
City of Iowa City, Iowa, an epplication for approval of the preliminary and final plat and
subdivision of Walden Square, Part 2, a resubdivislon of Lot 1 of Walden Square; and
WHEREAS, the subdivision is'located on the following-described real estete in Iowa City,
Johnson County, Iowa:
, Lot 1 of Walden Square Subdivision, Iowa City, Iowa, eccording to the Plat
recorded in Plat Book 21, Pege 65, of the Johnson County Recorder's Records.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary and final plat of said subdivision and recommended
approval, subject to City approval of the landscapinglwelkway plan for the vegetative screen
south of Westwinds Drive; and
WHEREAS, the Planning and Zoning Commission examined preliminary and final plat of said
subdivision and, after due deliberation, recommended that said plat be accepted and approved,
subject to City approval of the landscapinglwalkway plan for the vegetative screen south of
Westwinds Drive; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
, the free consent and in accordance with the desires of the owner and proprietor; and
WHEREAS, said plat end subdivision are found to conform with Chapter 354, Code of Iowa
(1993) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The preliminary and final plat and subdivision of Walden Square, Part Two, e
Resubdivision of Lot 1 of Walden Square, a subdivision of the City of Iowa City, Iowa,
located on the above-described real estate, Is hereby approved, subject to City
approvel of the landscapinglwalkwey plan for the vegetative screen south of
Westwinds Drive, end the dedication of streets and easements Is accepted as provided
by lew.
2. The Mayor and City Clerk of the City of lowe City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this Resolution, which shall be affixed to
the final plet after passege end approval by law. The ownerlsubdivlder shall record the
legal documents and the plat In the office of the County Recorder of Johnson County,
lowe.
11/11
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Resolution No.
Page 2
It was moved by and secondad by
adoptad. and upon roll call thare were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Passed and approved this
day of
.1993.
MAYOR
Approved by
h.-
G~3~91
ATTEST:
CITY CLERK
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Melody Rockwell
,
-I
Item: SUB93-0007. Walden Square, Part 2
Date: May 20, 1993
GENERAL INFORMATION:
Applicant:
Braverman Development, Inc.
505 Highland Avenue
Iowa City, IA 52240
Phone: 337-4195
Requested action:
Preliminary and final subdivision plat
approval.
Purpose:
To establish a three-lot commercial
subdivision.
Location:
North of Westwinds Drive and west of
Mormon Trek Blvd.
Tract Size:
Approximately 8,7 acreso
Existing land use and zoning:
Undeveloped; CN-"
Surrounding land use and zoning:
North. Multi.familyresldential;RM'12.
East - Single-family residential; PDH-
5, RS-5o
South. Storm water detention basins,
Qulk-Trip, residentiel; CN-1,
PDH.12.
West - Multi-familyresidential;RM-12.
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Comprehensive Plan:
General Commercial.
Appliceble regulations:
Zoning Ordinance, Subdivision Regula-
tions, Grading and Erosion Control
Ordinance, and Stormwater Manage-
ment Ordinance.
File date:
May 3, 1993.
45.dey limitation period:
June 17, 19930
GO-day limitetion period:
July 2, 1993.
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SPECIAL INFORMATION:
Public utilities:
Adequate water service is available.
Sewer service will be improved with
the upgrade construction of the West-
side Trunk Sewer.
Public services:
Municipal police and fire protection will
be provided for this development.
Sanitation services will be provided
privately. Transit service is available on
Mormon Trek Bivd.
Transportation:
The site is limited to one access point
for Mormon Trek Blvd. located directly
across from Cameron Way. The site
will also have access on the south side
of the tract from Westwinds Drlveo
Physical characteristics:
The site siopes moderately downward
from the north toward a park-
waylstormwater detention basin south
across Westwinds Drive.
BACKGROUND INFORMATION:
\
The epplicent is seeking preliminary and final plat approval of Walden Square, Part 2, a
resubdivislon of Lot 1 , Walden Square. The proposed plat subdivides the 8.7 acre tract Into
three lots. The request property is located In the CN.1, Neighborhood Commercial Zone. The
University of Iowa Community Credit Union intends to locate on Lot 3, and e grocery store,
may locata on Lot 4 of the proposed Waldan Squara, Part 2 Subdivision.
ANALYSIS:
The preliminary and final plat of Walden Square, Part Two, generally conforms to City
subdivision requirements. The storm water management requirements have been meto
Construction plans end a grading and erosion control plan will not be required as part of the
plat approval process, but must be submitted as part of the site plan review when
developmant of this tract is initiated. The legal papers have been submitted for review, and
must be epproved by the City Attorney's Office prior to Council consideration of the plat.
Because this plet represents a resubdivision of Lot 1 of the Walden Squere Subdivision, which
involved a subdivider's agraement governing sidewalk requirements and stormweter
menagement for the site, the legal papers will need to incorporate the original subdivider's
agreement by reference as pert of the Walden Square, Part 2 plat epprovel.
Section 36.76(j) of the Zoning Ordinance requires vegetative screening between the proposed
commercial subdivision end the residential properties to the south. The applicant Is proposing
to locate the required screening in a 30.foot wide planting easement on the south side of
Westwinds Drive. Instead of planting a row of arbor vitae--the stendard requirement for
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screening--the applicant intends to have a more varied landscape design. City Forester
approval is required for an alternative planting plan. As part of the legal papers, a
maintenance agraament for the vegetative screen must be submitted by the applicant and
approved by the City.
City staff endorses the applicant's intent to provide an aesthetic array of plantings on the
south side of Westwinds Drive to buffer the residential uses to the south from the commercial
properties to be developed within Walden Square, Part 2. Staff also supports the reservation
within the planting easement for an eight-foot wide walkway, which could become part of the
Willow Creek greenway trail system in the future.
STAFF RECOMMENDATION:
Staff recommends that the preliminary and final plat for Walden Square, Part 2, a three-lot,
a.7 acra commercial subdivision located north of Westwinds Drive and wast of Mormon Trek
Blvd. be approved, subject to approval of the legal papers by the City Attorney's Office prior
to City Council consideration of the plat. and City approval of the landscaping/walkway plan
for the vegetative screen south of Westwinds Drive,
ATTACHMENT:
1. Location Map.
ACCOMPANIMENT:
1. Preliminary and final plat of Walden Square, Part 2.
ppdadmlnlatrrapl.ub0007,mr
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SUB93-0007
Walden Square, Part 2
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City of Iowa City
MEMORANDUM
Date: May 20, 1993
To: Planning and Zoning Commission
From: Melody Rockwell~nner
Re: SUB93-0007. Walden Square, Part 2
At the Commission's May 17, 1993, Informal meeting, staff was requested to Investigate two
issues raised In relation to the Walden Square, Part 2 subdivision application. Concern was
expressed about the location of the southeasterly drive located on Westwinds Drive and the width
of the sidewalk along Mormon Trek Blvd. In discussions with the City Public Works and JCCOG
Transportation Planning staff, it was once again concluded that the location of the southeasterly
drive is acceptable and the four foot width of the sidewalk along Mormon Trek Blvd. should be
retained.
Credit Union Driveway,
. The driveway located approximately 93 feet from Mormon Trek Blvd. on Westwlnds Drive Is
Intended to function primarily as an entrance to the University of Iowa Community Credit Union
site; the on-site traffic flow Is designed so thai most vehicles will exit to the west. Further,
vehicles coming from the west on Westwinds Drive will have the alternative of entering the site
from the west. These factors will tend to reduce the level of two-way traffic on the driveway.
. As noted on the attached site diagram, If stacking occurs due to turning movements on
Westwinds Drive, the traffic will back up on the Credit Union site, not on the publiC street.
. The 93 foot distance of the driveway from the Mormon Trek Blvd. and Westwinds Drive
Intersection far exceeds the 20 foot setback requirement of the drive from an intersection
corner. (Section 31-60)
. The driveway forms a t-Intersection with Westwinds Drive. No driveways are opposite the
proposed Credit Union driveway, and none are likely to be constructed in the stormwater
management area across Westwlnds Drive. This further minimizes potential traffic conlilcls.
Mormon Trek Blvd. Sidewalk.
. On Monday evening, the Commission Indicated Its desire to have an eight foot wide sidewalk
along the Mormon Trek Blvd. frontage of Walden Square, Part 2. An eight foot wide sidewalk
In this location would be Inconsistent with the four foot wide sidewalk that Is already in place
on the west side of Mormon Trek Blvd. from Melrose Avenue to Rohret Road.
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. It would also be inconsistent with City polley, which Is to provide an eight foot wide sidewalk
on only one side of Mormon Trek Blvd. Previous decisions by the Commission and Council
have determined that the eight foot wide sidewalk should be located on the east side of
Mormon Trek Blvd.
. The Comprehensive Plan Indicates that a four foot to eight foot wide sidewalk should be
provided on one side of primary arterial street. such as Mormon Trek Blvd.
. Because the City generally pays overwldth costs, a budget amendment for approximately
$4,745.21 would be needed to construct an additional four foot width for the 55a.26 foot length
of the sidewalk along the west side of Mormon Trek Blvd. Staff concludes that an eight foot
wide sidewalk Is not warranted for this specific situation.
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RESOLUTION NO, 93-124
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO PROVIDE UP TO $30,000 IN
GENERAL FUNDS, IN THE EVENT IT BECOMES NECESSARY TO ASSIST THE GREATER
IOWA CITY HOUSING FELLOWSHIP IN PURCHASING EIGHT LOTS IN THE WHISPERING
MEADOWS SUBDIVISION FOR THE CONSTRUCTION OF FOUR DUPLEXES (EIGHT UNITS)
OF AFFORDABLE RENTAL HOUSING.
WHEREAS, the City Council of Iowa City recognizes the existence of a problem with respect to
the availability and affordability of rental housing in Iowa City; and
WHEREAS, the Greater Iowa City Housing Feilowship (GICHF) proposes to construct four
duplexes (eight units) of affordable rental housing in the Whispering Meadows Subdivision and
to keep the units affordable to very low.income households In perpetuity; and
WHEREAS, on March 2, 1993, the City Council adopted Resolution No, 93-4a authorizing the City
of Iowa City and the GICHF to submit a joint application to the Iowa Department of Economic
Development for federal HOME funds to be used for site acquisition and construction of these
units; and
WHEREAS, due to demand for lots In the subdivision, It may be necessary for the City to provide
up to $30,000 in order for GICHF to complete the purchase of the lots before HOME funds are
awarded; and
WHEREAS, In the event HOME funds are not awarded and it becomes necessary for the City to
provide these funds on a permanent basis, GICHF has agreed that the City will retain ownership
of two lots and part ownership of one lot for a period of twenty (20) years; and
WHEREAS, the City Council finds that II is in the public interest to expand the availabliity of
affordable housing for its residents,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor of Iowa City Is hereby authorized to execute an agreement with the Greater
Iowa City Housing Feliowship to provide up to $30,000 In General Funds in the event It becomes
necessary to assist the GICHF In acquiring lots in the Whispering Meadows Subdivision before
HOME funds are awarded by the Iowa Department of Economic Development.
It was moved by Novick and seconded by
adopted, and upon roil cali there were:
the Resolution be
Kubby
AYES:
NAYS:
ABSENT:
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Courtney
Horowitz
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Resolution No, 93-124
Page 2
Passed and approved this 8 th
day of
June
,1993.
ATTEST: JJJ"J;A/1I) ;. !4A)
~CLERK
Approve by
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City Attorney's Office () - 10 - '{- ~ 3
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City of Iowa City
MEMORANDUM
Date: June 2, 1993
To: Iowa City City Council
From: Marcl Undsay, Associate Planner~
Re: Attached Resolution to Provide Funds for Acquisition of Lots
As you may recall, the Greater Iowa City Housing Fellowship (GICHF) Is proposing to purchase
eight lots In the Whispering Meadows Subdivision and to construct four duplexes (eight units) of
affordable rental housing. This project was awarded $75,000 In CDBG funds last month, In
addition, on March 2, 1993, you adopted a resolution authorizing the submission of a joint
application by the City and GICHF to the Iowa Department of Economic Development (IDEO) for
$326,a29.00 of federal HOME Program funds.
In Its purchase offer for the lots, the GICHF made the purchase contingent on receiving HOME
funds by July 31,1993. Because lots were selling quickly at the time the GICHF submitted its
purchase offer, the seller has said that If It receives another offer on any of the lots, the GICHF
will be given 4a hours to remove that condition. Because this project Is so desperately needed
In Iowa City, and has received the support of the Housing Commission, CCN, and City Council
for $75,000 In CDBG funds, It Is proposed, as a fallback plan, that the City provide up to $30,000
In order to support the GICHF's purchase offer, In the event that any of the following events
occur: 1) the seller receives another offer before the IDEO awards HOME funds; 2) HOME funds
have been awarded but are not available by July 31,1993; or 3) the IDEO denies HOME funding,
If the seller does not receive other offers on the lots before July 31, 1993, it may not be
necessary to provide any of the $30,000. Ukewise, If the GICHF Is awarded HOME funds before
another offer Is made on the lots, the City's funding will not be needed. Finally, If HOME funds
are awarded but do not become available until after July 31, the funds may only be needed In the
Interim period between the award and the availability of the funding, If the City does provide any
or all of the $30,000 and HOME funds are not awarded, however, the City would retain ownership
of the lots it funded, The lots are being sold for $12,500 each.
If Council adopts this resolution, the GICHF wlli enter Into a contract with the City which will be
recorded when the lot(s) are purchased. If you have any questions, please call me (356-5250)
or Marianne Milkman (356-5244). We will also be available to answer questions at the Council's
work session on June 7, 1993.
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RESOLUTION NO. 93-125
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE FURNITURE PROJECT TO OPERATE A FURNITURE
EXCHANGE INVOLVING THE STORAGE AND DISTRIBUTION OF DONATED
FURNITURE ITEMS TO LOW INCOME CITIZENS.
WHEREAS, the City of Iowa City, Iowa, a municipal corporation ('the City'), and the Furniture
Project, an Interagency effort led by the Domestic Violence Intervention Project for the first six
months, share the goals of reusing furniture to meet the needs of the low. income citizens and
reduce waste In the community; and
..
WHEREAS, the City and the Furniture Project agree that there Is an immediate need for a
suitable storage facility for donated furniture Items and that no such facility presently exists for
the furtherance of the parties' joint goals.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. The City has negotiated and entered Into an agreement with the Iowa City Airport
Commission for the City to establish and construct a pole building upon the airport
property.
2. The City agrees to negotiate and enter an agreement with the Furniture Project for the use
and operation of said building to serve the goals stated above,
it was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Horowitz
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
Ambrlsco
Courtney
Horowitz
Kubby
McDonald
Novick
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Passed and approved this 8th
..~ J,", .' 1993,
~.
MAYOR
Approved by
A1TEST:~ I!. ./f;A/J)
CIT~ CLERK
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AGREEMENT
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This Agreement is made and entered this ~ day of j th-{ ~ 1993, by and between
the City of Iowa City, Iowa, a municipal corporation (hereinafter called the "City"), whose
address for the purpose of this Agreement is 410 E. Washington Street, Iowa City, lowe
52240, and the Furniture Project, an interagency effort whose address for the purposes of
this agreement is P. 0, Box 733, Iowa City, Iowa 52244.
WITNESS:
1. The City has entered into and negotiated an agreement with the Iowa City Airport
Commission to lease a tract of land. The City has built, at its own expense and on the
Iowa City Municipal Airport in lowe City, Iowa, a "pole building" having the approxi-
mate dimensions of 50' x 60'. This building is being constructed and maintained in
conformity with all applicable state, federal and local regulations.
\
The Furniture projact will use one. third of the building and associated leased ground
2.
to operate a furniture exchange which involves the storage of donated furniture.
3. Rent for said leasehold, if any, will be paid by the City to the Iowa City Airport
Commission. The Furniture Project shall not be obligated to pay rent to tha City.
4. The City has provided elactricai service to the building with a meter for meesuring
electricity actually used. Friends of Historic Preservation will pay for electricity for six
months after occupancy, at which time payment of the electricity bill will be negotiated
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between Friends and the Furniture Project. The City will not be responsible for
payment of bills for use of electricity,
5. The Furniture Project will hold an annual garage sale out of their portion of the building
and will make arrangements for this with Friends of Historic Preservation, Iowa City
School District, and the City at least one month in advance.
6. Domestic Violenca Intervention Project will be the lead agency for the Furniture Project
for six months, at which time the lead agency position will be re-evaluated, In addition
to the insurance held by the City which extends to ail of its property and operations,
the lead agency agreas to buy liability insurance for workers when engaged on the
lease site in operation pursuant to this Agreement. The lead agency will provide pest
control for the entire building. The lead agency will be the primary contact for the City
in matters regarding the building,
7.
Furniture Project will be responsible for keeping their portion of the building and its
\
contents in a neat and orderly condition, and free from fire hazard, Ail furniture shail
be confined within the building. The City will be responsible for maintenance of the
building and for snow removal, as needed, in the parking area.
a. The Furniture Project will have an agreement among the participating human service
agencies that specifias responsibility and specific terms for the use of the building, and
said agreement is ettached es Exhibit A and incorporated by reference.
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9, The Furniture Project workers will be limited to an average of one trip per day onto
building premises to deliver or pick up furniture items,
10. The Furniture Project shall be entitled to use a portion of the building for the purposes
stated herein so long as the City retains the leasehold in the building and associated
real property from the Iowa City Airport Commission, according to the terms of the
agreement between those parties entered into on or about the 23rd of June, 1992.
11. This Agreement may be tarminated by either party by giving written notice to the other
party at the address shown above. Said notice shall be given at least 90 calendar days
prior to the intended termination date.
12. The parties hereto agree that there will be no discrimination against any person for
employment or public eccommodation covered by said agreement because of race,
religion, color, creed, sex, national origin, sexual orientation, mental or physical
\ disability, marital status or age. "Employment" shall include but not be limited to
,
hiring, accepting, registering, classifying, upgrading, or referring to employment. I
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"Public accommodations" shall include but not be limited to providing goods, services,
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facilities, privileges, and advantages to the public. Nor shall either party violate the I
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terms and requirements of 49 CFR Part 21, Nondiscrimination in Federally Assisted
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Programs of the Department of Transportation. I
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13. This Agreement shall not be assigned.
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14. If any portion of this Agreement is found to be invalid, the remaining portions shall be
deemed servable and shall remain in full force and effect.
CITY OF IOWA CITY,IOWA
FURNITURE PROJECT
By ~' ~/l
Attest: 1'1..~ f .,r~
B~
Marian K. Karr, City Clerk
Date: .lnne 8. 1991
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Date: LL I 'J f 3
Approved by:
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City Attorney's Office
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EXHIBIT "A"
AGREEMENT
This agreement Is among agencies participating in the Furniture Project, an Interagency furniture
exchange. This agreement Is entered Into on , 1 993, and Is ongoing
as long as the Furniture Project Is In existence, unless either the participating agency or the
Furniture ProJect terminates the relationship by giving 30 days written notice.
1. The Domestic Violence Intervention Program (DVIP) will be the lead agency for the
Furniture Project for the first six months, at which time the lead agency position will be
reevaluated. It will be evaluated each year thereafter. The lead agency will keep the
Inventory logbook and key to the storage building (agencies must pick up these items
before accessing the storage building); provide insurance for Furniture Project volunteers
while working at the storage building; provide pest control for the storage building; be the
primary contact for the City In matters regarding the storage building.
2. Participating agencies agree to pick up furniture items that are donated to their agency
and deliver them to the storage building. The item will become part of the common pool
of furniture and will be available to any participating agency. If an agency has a client
needing a furniture Item, they will go to the storage building and pick up the needed item.
\
3. Participating agencies agree to update the inventory logbook as items are taken in and
out of the building and number each Item stored in the building. The key must remain
attached to the logbook and both must be returned to DVIP after each trip to the facility.
4. Trips to the storage building are limited to an average of one per day; agencies will
communicate with DVIP about plans for use of the building to make this possible. A log
of trips to the storage building will be maintained by the lead agency.
5. Participating agencies agree to help with repairs and maintenance of the storage building
Including Initial construction of dividers within the building, a clean-up day every six
months, and a garage sale annuaily; contribute funds for upkeep of the building Including
possible utility payments, pest control, landfill costs for unwanted items; and help with the
monthly newsletter.
6. Storage will be for general use. We will not be storing individuals' possessions while they
are displaced and looking for housing.
7. Agency staff and/or volunteers will go to storage with their client's list of needed items,
Cilents will not be permitted to pick and choose items from the storage facility,
a. There Is no general Furniture Project waiting list of clients who need furniture. Each
agency will keep track of their own clients' needs and will contact DVIP for up to date
Information about what Is available In storage.
Participating Agency Representative
Agency Name
Date
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RESOLUTION NO. 93-126
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREE-
MENT WITH MERCY HOSPITAL FOR TEMPORARY AND PERMANENT USE OF
PUBLIC RIGHT-OF-WAY ON JOHNSON STREET IN IOWA CITY, IOWA,
WHEREAS, Mercy Hospital will be undertaking the construction and expansion of its facilities
located at 500 E. Market Street, which expansion shall include construction of a building
foundation which will intrude approximately two feet into the right-of-way under Johnson
Street; and
WHEREAS, Mercy Hospital's construction will take place along the west edge of Johnson
Street between Bloomi~gton Straet and Market Street, and Mercy Hospital thereby wishes to
secure the construction site against pedestrian traffic, as indicated on Attachment A; and
WHEREAS, Mercy Hospital has raquested tha City permit temporary closure of portions of the
sidewalk, on the west side of Johnson Street between Bloomington and Market Streets; and
WHEREAS, the City Engineering Division has reviewed Mercy's construction plans, and finds
that Mercy's request to install a building foundation which intrudes under the Johnson Street
right-of-way is a de minim us intrusion which will not adversely affect the City's interest
therein; and
WHEREAS, an agreement for temporary and permanent use of public right-of-way containing
certain conditions has been negotiated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1.
It is in the public interest to temporarily close a portion of the sidawalk on the west
side of Johnson Street between Bloomington Street and Market Street in Iowa City,
Iowa in order to assure a safe construction site for the Mercy Hospital construction
and expansion, and thereby insure public safety. Such temporary sidewelk closing
shall take effect beginning July 1, 1993 and end upon substantial completion of the
construction, but no later than July 30, 1994, and shall conform to the diagram
showing the araa marked Attachment A, which is attached hereto and incorporated by
reference herein.
2.
It is in the public interest to grant Mercy Hospital a permanent easement for use of
public right-of-way, for purposes of placement and installation of the foundation for
Mercy Hospital's expansion, and the City Council further finds that said intrusion of
approximately two (2) feet into the public right-of-way is de minimus, and will not
adversely effect the City's interests in said right-of-way.
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Resolution No, 93-126
Page 2
3. The Eesement Agreement attached hereto and incorporated by reference herein is
hereby approved as to form end content, and the Mayor is hereby authorized to
execute and the City Clerk to attest the Easement Agreement for and on behalf of the
City of Iowa City, for recordation in the Johnson County Racorder's Office, at Mercy
Hospital's expense.
It wes moved by Ambrisco and seconded by HcDonald the Resolution be
adopted, end upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
X- Courtney
X- Horowitz
---x- Kubby
--L- McDonald
x Novick
Passed and approved this 8th day of June ,1993.
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EASEMENT AGREEMENT FOR TEMPORARY AND PERMANENT
USE OF PUBLIC RIGHT-OF.WAY BETWEEN
THE CITY OF IOWA CITY AND
MERCY HOSPITAL FOR PORTIONS OF
JOHNSON STREET, IOWA CITY, IOWA
This Easement Agreement is made betwean Mercy Hospital and the City of Iowa City, Iowa,
a municipal corporation (City).
WHEREAS, Mercy Hospital will be undertaking the construction and expansion of its facilities
located at 500 E. Market Street, which expansion shall include construction of a building
foundation which will intrude approximately two feet into the right-of-way under Johnson
Street; and
WHEREAS, Mercy Hospital's construction will take place along the west edge of Johnson
Street between Bloomington Street and Market Street, and Marcy Hospital thereby wishes to
sacure the construction site against pedestrian traffic, as indicated on Attachment A; and
WHEREAS, Mercy Hospital has requested the City permit temporary closure of portions of the
sidewalk, on the west side of Johnson Street between Bloomington and Market Straets; and
WHEREAS, the City Engineering Division has reviewed Mercy's construction plans, and finds
that Mercy's requast to install a building foundation which intrudes under the Johnson Straet
right-of-way is a de minim us intrusion which will not adversely affect the City's interest
therein; and
WHEREAS, an agreemant for temporary end permanant use of public right-of-way containing
certain conditions hes been negotiatad.
NOW, THEREFORE, in mutuel considaration of the promises herein, Mercy Hospitel and tha
City of Iowa City agree as follows:
Temoorarv Use of Rioht-of-Wav
1, In consideration of the City's permission herein to temporarily close a city sidewalk
during construction of the expansion of Mercy Hospital facilitias, Mercy Hospital agrees
to secure its construction site against pedestrian and public traffic by providing
adequata traffic control, and by fencing all open excavation while the contractor is not
working.
2,
In consideration for Mercy Hospital's promises herein, the City agrees to temporarily
close a portion of the sidewalk on the west side of Johnson Streat between
Bloomington Street and Markat Street.
I
3, Mercy Hospital agrees to provide, keep in place, and maintain in good working
condition certain signaga necessary to:
a) route pedestrians.
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b) provide advance warning.
c) provide for the orderly and predictable movemant of traffic.
All signage shall be in accordanca with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
4, After construction of the Mercy Hospital expansion is complete, Marcy Hospital agrees
to restore any and all portions of the sidewalk right-of-way to its pre-construction
condition, and to the City's complete satisfaction. With respect to this Temporary
Easement for use of the Johnson Street sidewalk City and Mercy agree this
Temporary Easement shall be in effect beginning ~t' 1993, and ending upon
substantial completion of tha work, but no later than J:fIil3o;ll~ tIJ1
Permenent Use of Riaht-of-Wav for Buildina Foundation r Af!:
5. City agrees to permit Mercy Hospital to extend its building foundation into the
underground portions of the Johnson Street right-of-way in the fOllowing manner:
Portions of four (4) pile caps and twelve (12) piles which extend two feet one
inch into the right-of-way as shown on Attachment" A:
\
6, In the event of breech of this Easement Agreement, the City may, at its discretion,
elect to give notice to Mercy Hospital to remove all construction equipment and/or
obstructions from the City's Johnson Street right-of-way, all as provided in ~364.12,
Code of Iowa (1993): and in the event Mercy Hospital does not comply within the time
period designated in the Notice to Remove, City may electto ramove, or direct removal
of, equipment and/or any other obstructions from the right-of-way, and to charge the
cost of such ramoval to Mercy Hospital, and Mercy Hospital agrees to pay said charge.
7.
Mercy Hospital, together with their successors and assigns, agree to indemnify, defand
and hold the City harmless in connection with any liability whatsoevar arising in regard
to the Installation, maintenence, use, location or repair of said foundation beneath the
Johnson Street right-of-way, including any liability which the City may incur as a result
of its decision to allow placement of said foundation bolow the Johnson Street right-of.
way. Mercy Hospitel may later be required to carry liability insurance coverage, but
such coverage is now waived by City. If any required insuranca is not maintainad, the
City shall have the right to remove the foundation pursuant to ~364.12, Code of Iowa
(1993),
a, Mercy aCknowledges and agrees that no property right is conferred by this grant of
permission to use the Johnson Stleet right-of-way for placement of the building
foundation: that the City is not empowered to grant a permanent use of its street right-
of-way for private purposes; and that the City may order said foundation removed at
any time If, for any reason, the City Council determines that the property under which
the foundation is located is needed for a public use and/or should be cleared of any or
all obstructions, as provided by state law.
1110
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9, This Permanent Easement Agreement for location of the building foundation shall
constitute a covenant running with the land and with the title to the land, and shall be
binding upon and inure to the benefit of the respective heirs, successors in interest and
assigns of both parties.
''',,''h" /)4 '"' of ~IA<.L
CITY OF IOWA CITY, IOWA
Darre' G. Courtney Mayor
,1993.
MERCY HOSPITAL
By t?I~L
Richard C, Breon, President
By
Attest: ~41') ,r: ~
Marl n K, Karr, City Clerk
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CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this ~ +~ deyof .--I",,,. , 19 93 , before me, tha undersigned,
a Notary Public in and for said County, in said State, personally appeared Darral G, Courtney
and Marian K, Karr, to me personally known, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of said municipal corporation executing the within
and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and seeled on behalf of said municipal
corporation by authority of City Council of said municipal corporation; ,and that the said Darrel
G, Courtney and Marian K, Karr acknowledged the execution of said instrument to be the
voluntary act and deed and said municipal corporation, by it and by them voluntarily executed.
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Notary Public in and for tha State of Iowa
MERCY HOSPITAL'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY)
On this ;),4 deyof L-L ,A.D. 1913 , befo);e me, the u,qdersiQned, a
Notar Public in an~ for t State of Iowa, personally appeared t< iM1aArJ 1Yi.ttJ'f-.->
and . l c, ,om personally k)1P.wn, W~9, beinp by ple duly sworn,
did say that they are the and vlee. (.tU1lmAL.m5pectively, of
said corporation executing the within and foregoing instrument to which this Is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealad) on behalf of (the seal affixed thereto' the seal of AS aid) said corp ~tion ~ authority!
of its Board of Directors; and that the seid OJ cL 1L:r and lJ. al'cf!,u" ,
as such officers acknowledged the execution of said instrument to be the voluntary act and
daed of said corporation, by it and by them voluntarily executed,
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said County and State
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PROJECT M~ HO&?ti'Al.- PROJ, NO.'1tC1l~.OO
I\fjA~Ie.lC: PJ..AN- p~ oNI!. DATE ~.'Ze,-'!3
DRAWING TITLE ~ III;: lAYol.l1' ~lA110N6HIP:S DR. BY, R.CARI.SON
ImoVIIIN4 f!1$f'Af(~17 U'.SIN4 INF'oJaW..:TloN ON JIlIAWII'\I:i~ 1.00..\ 1.0" I.OZ,
Z,.oI,.ANjI:!,oz ~ w..,Y7\1'l'1!l fell!=- ~llMe;~l1oN Of :SITE:. U~e:
HANSEN LIND MEYER IOWA CITY, IOWA
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RESOLUTION NO.
~OLUTION APPROVING AND AUTHORIZING EXECUTION OF iN AGREE-
M NT WITH MERCY HOSPITAL FOR TEMPORARY AND PERMA~~NT USE OF
PU ~C RIGHT-OF-WAY ON JOHNSON STREET IN IOWA CITY;, IOWA.
WHEREAS, ~ rcy Hospital will be undertaking the construction an~lxpansion of its facilities
located at 500 E. Market Street, which axpansion shall include}onstruction of a building
foundation whi will intrude approximately two feet into tze Ight-of-way under Johnson
Street; and
WHEREAS, Mercy ospital's construction will take place a ong the west edge of Johnson
Street between Bloo ington Street and Market Street, ancYMercy Hospital thereby wishas to
secure the constructi n site against pedestrian traffic"a6 indicated on Attachment A; and
WHEREAS, Mercy Hosp~al has requested the City per~ temporary closure of portions of the
sidewalk, on the west side'of Johnson Street betwe~n Bloomington and Market Streets; and
WHEREAS, the City Engin~ing Division has revl~ed Mercy's construction plans, and finds
that Mercy's request to instell a building foundation which intrudes under the Johnson Street
right-of-way is a de minimus~ntrusion which will not adversely affect the City's interest
therein; and \ I
WHEREAS, an egreement for tem\orary and permanent use of public right-of-way containing
certain conditions has been neg~~t~(
NOW, THEREFORE, BE IT RESOZV \ BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. It is in the public intere~ to tem~farilY close a portion of the sidewalk on the west
sida of Johnson Streeybetween Bloomington Street end Market Street in Iowa City,
Iowa in order to ass Ie a safe const~ction site for the Mercy Hospital construction
and expension, an thereby insure public safety. Such temporary sidewalk closing
shall take effect b ginning June 1, 199'3 and end upon substantial completion of the
construction, b no later than June 3~ 1994, and shall conform to the diagram
showing the ar mer ked Attachment A, which is ettached hereto and incorporated by
refarence~er In, \ "
2. 'It is in the ublic intarest to grant Mercy Ho~ital a permanent easement for use of
public rig t-of-way, for purposes of placament and installation of the foundation for
Mercy ospital's expansion, and the City Counci~furthar finds that seid intrusion of
appro mately two (2) feet into the public right-of',way is de minimus, and will not
adve ely affect the City's interests in said right-of-way.
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RESOLUTION NO. 93-127
RESOLUTION TEMPORARILY CLOSING A PORTION OF JEFFERSON STREET
RIGHT-OF-WAY FOR CONSTRUCTION OF A BUS STOP AT THE UNIVERSITY
PENTACREST, AND AUTHORIZING THE EXECUTION OF AN EASEMENT
AGREEMENT FOR TEMPORARY AND PERMANENT USE OF PUBLIC RIGHT-OF-
WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA,
WHEREAS, the Univarsity of Iowa ("University") will ba constructing the Penta crest Jefferson
Street Bus Stop Project on tha south side of Jefferson Street between Madison Street and
Clinton Street and desires to construct curb extensions as part of this project from the south
curb of Jefferson Street at three locations between Madison Street and Clinton Street rights-
of-wey; and
WHEREAS, the City Engineer has reviewed the construction plans for tha installation end
location of the curb extensions,and has datermined the extensions to be de minim us in nature,
and will not adversely affect the City's interests herein: and
WHEREAS, the University wishes to secure the construction site against pedestrian and
vehicular traffic, while performing said construction; and
WHEREAS, it is in the best interest of the City to temporarily close a portion of Jefferson
Street in order to safaly accommodate construction of said bus stop and curb axtensions; and
WHEREAS, an easement agreement for temporary and permanent use of public right-of-way
containing cartain conditions hes been negotiatad.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. It is in the public interest to temporarily close a portion of Jefferson Streat in Iowa
City, Iowa in order to assure a safe construction site for the Pentacrest Bus Stop
Project, and also to assure a safe construction site for installation of permanent curb
extensions along Jefferson Street betwaen Madison Street and Clinton Street, as set
out in the Easement Agreement attached hereto.
2. Upon the City Engineer's recommendation, City Council finds that the grant of a
permanent easement for installation of curb extansions along Jefferson Street will not
adversely effect the City's interests herein, and may even improve the flow of
pedestrien traffic through the Pentacrest erea.
3. The easament agreement for temporary and permanent usa of public right-of-way
attached hereto and incorporated by referenca herein is approved as to form and
content, and the Mayor is hereby authorized to execute, and the City Clerk to attest,
the Easement Agreemant for and on behalf of the City of Iowa City, for recordation in
the Johnson County Recordar's Office, at University expense.
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Resolution No, 93-127
Page 2
It was moved by Novick and seconded by
adopted. and upon roll call there were:
Ambrisco the Resolution be
AYES:
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Passed and approved this
ATTEST: ~~
. CITY LERK
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NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
McDoneld
Novick
8th day of .lnne , 1993.
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Approved by
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ity Attorney's Office 6/1/f.3
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EASEMENT AGREEMENT
FOR TEMPORARY AND PERMANENT USE OF PUBLIC RIGHT.OF.WAY
BETWEEN THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
FOR CONSTRUCTION OF THE PENTACREST JEFFERSON STREET BUS STOP
AND CURB EXTENSIONS
This Easement Agreement is made between the University of Iowa ("University") and the City
of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, the University of Iowa ("University") will be constructing the Pentacrest Jefferson
Street Bus Stop Project on the south side of Jefferson Streat between Madison Street and
Clinton Street and desires to construct curb extensions as part of this project from the south
curb of Jefferson Street at three locations betwean Madison Street and Clinton Street rights.
of.way; and
WHEREAS, the City Engineer has reviewed the construction plans for the installation and
location of the curb extansions and has determined the extensions to be da minimus in natura,
and will not adversely affect the City's interests herein; and
WHEREAS, the University wishes to secure tha construction site against pedestrian and
vehiculer traffic, while performing seid construction; and
WHEREAS, it is in the best interest of the City to temporarily close a portion of Jefferson
Street in order to safely accommodate construction of said bus stop and curb extensions; and
WHEREAS, an easement agreement for temporery and permanent use of public right.of.way
containing certein conditions has been negotiated.
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NOW, THEREFORE, in mutuel consideration of the promises harein, the University and City
egree es follows.
Temoorarv Construction Easement
1. City agrees to temporarily close a portion of Jefferson Street right-of-way as a
reasonable method of accommodating the University's construction of the Penta crest
Jefferson Street Bus Stop Project, and also to accommodate the installation of curb
extensions along Jefferson Street between Madison Street and Clinton Street.
2.
In consideration of tha University's temporary use of Jefferson Street right-of-way, the
University agreas to secura its construction site against pedestrian and public traffic
by providing adequate traffic control, and by fencing all open excavations while the
contractor is not working.
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3. More specifically, University agrees to provide and keep in place, and maintain in good
working condition, signage necessary to:
a) Route pedestrians.
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c) Provide for the orderly and predictabla movement of traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Treffic Control Devices,
4, After construction is completed, University agrees to restore right-of-way to its pre-
construction condition, excepting the permanent extension of the curb islands into the
right-of-way as set forth herein, and University agreas to do said restoration to the
City's complete satisfaction. Parties agree this temporary construction easement shall
be in effect beginning June 15, 1993, and ending upon substantial completion of the
work, but no later than November 1, 1993. .
Permanent Easement for Installation of Curb Extensions
5. In consideration of the promises herein, City hereby grants to University a permanent
easement for use of public right-of-way for University's construction and installation
of curb extensions at three locations along Jefferson Street between Madison Street
and Clinton Streat right-of-way. City acknowledges said curb extensions shall be da
minimus in nature, and will have no adverse impact upon the City's interests therein.
6. University agrees to install said curb extensions along Jefferson Street, as shown on
Attachment A, in full complianca with all City rules and regulations, and to the City's
complete satisfaction.
7.
In the event of breach of this Easement Agreement, City may, at its discretion, elect
to give notice to the University to remove all construction equipment, permanent
extensions into the right-of-way, and/or obstructions from the City's Jeffarson Straet
right-of-way as noted herein and described in Attachment A, all as provided in Section
364,12, Code of Iowa (1993), Univarsity further agrees that in the event the
University does not comply within the time period designated in the Notice to Remove,
City may elect to remove, or diract removal of, any equipment and/or any installations
or obstructions from the right-of-way, and to charge the cost of such removal to the
University, and the University agrees to pay said charge.
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a. Univarsity acknowledges and agreas that no property right is conferred by this grant
of parmission to use City right-of-way; that the City is not empowered to grant a
permanent usa of its street right-of-way for othar than public purposes; and that the
City mey order any building materials, equipmant, curb axtensions and/or any
obstructions removed at any tima if, for any reason, the City Council determines that
the right-of-way upon which the uses and structures herein are located should be
cleared of any end all obstructions.
9. This Agreement shall constitute a covenant running with the land and with the title to
the land, and shall be binding upon end shall inure to the benefit of the respective
successors in interest and assigns of both partias.
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10. University agrees to assume responsibility for any and all claims arising out of this
Temporary and Permanent Easement Agreement to the full extent permitted by
Chapter 669, Code of Iowa (1993) entitlad "Tort Claims," and according to the
procedures set forth therein.
11. University agrees to assume responsibility for property losses and personel injuries and
claims of such damages arising out of its use of the street rights-of-way noted herein,
which injuries or losses are incurred by reeson of the nagligence of the University or
its agents or employees, and agrees to do so to the full extent permitted by Chapter
669, Code of Iowa (1993) entitled "Tort Claims," and according to the procedures set
forth therein.
Dated this? 2
(3'LMI6
day of
,1993.
CITY OF IOWA CITY, IOWA
UNIVERSITY OF IOWA
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BY:~WPbA_
Mi ,J, innegan /' ~
U iversity Business Managar
By.'
Darrel G, Courtney,
Attest: ~ "jJ, ~
Marl n K. Karr, City Clerk
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CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
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JOHNSON COUNTY )
On this <i<. -H. day of .-L.nl , 19.JL, before me, Sbndrc.o<..
t:;;',...\- , a Notary Public in and for the State of Iowa, personally
appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seel of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in lOJ:diflefle81 (Resolution) No. 95 _ /2. '7
passed (the Resolution adopted) by the City Council, under Roll Cell No. of the
City Council on the tj.f~ day of .-lun... , 19~, and that Darrel G.
Courtney and Merian K, Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed,
SBhMu h;rl:r
Notary Public in and for the State of Iowa
UNIVERSITY ACKNOWLEDGEMENT
STATE OF IOWA I
) ss:
JOHNSON COUNTY )
On this :2').nd day of ~.P ., 19,E, before me, the undersigned,
a Notary Public in and for th'6'Staie-;f Iowa, personally appeared Michael J, Finnegan and
Douglas M. Young, to me personally known, who, being by me duly sworn, did say that thay
ara the University Business Manager and Secretary of the Business Office, respectively; that
they have authority to act and are acting on behalf of the Univarslty, as provided by
C6di2. %J1:J/;jr)J , and that as such these persons did execute the foregoing
instrument es the voluntary act and deed of the University of Iowa, for and on behalf of the
State of Iowa Board of Regents.
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Notary Public in and for the Stata of Iowa
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RESOLUTION NO. 93-128
RESOLUTION AUTHORIZING WIDENING OF ENTRANCE DRIVE LOCATED ON
JEFFERSON STREET BETWEEN CAPITOL AND MADISON STREETS, PURSU-
ANT TO VACATION ORDINANCE NO. 92-3526, AND ALSO AUTHORIZING
THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE
UNIVERSITY OF IOWA.
WHEREAS, the University of Iowa ("University") will be constructing a new service court area
between Calvin Hall and Halsey Hall, just north of Jefferson Street between C.apitol Street and
Madison Street in Iowa City, Iowa; and
WHEREAS, es pert of this Project, the University wishes to widen the entre nee driva off
Jefferson Street, leading to the Celvin/Halsey Service Court Area, which widening must be
approved by the City pursuant to vacation Ordinence No. 92-3526; and
WHEREAS, the University wishes to secura the construction site against pedestrian end
vehicular traffic, while performing the work within Jefferson Street right-of-way, as shown
on Attachment A; and
WHEREAS, the parties acknowledga the City's and University's need to assure a safe
construction site at a properly safe distance from traffic, so as not to endanger lives or
property; and
WHEREAS, after review by the Public Works Department and Engineering Division, City staff
recommends approval of the University's plans to widen said entrance drive, as in the best
interests of the City; and
WHEREAS, an aasement egreement for the temporary use of public right-of-way conteining
such conditions hes been negotietad, togethar with an acknowledgement of the City's
approval of the entrance widening along Jefferson Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. It is in the public interest to temporerily close a pOltion of Jefferson Street right-of-way
in Iowa City between Madison Street and Capitol Straat, to facilitate the UniVersity's
installation of the Calvin/Halsey service court area north of Jefferson Street, and also
to facilitate the University's widaning of the Entrance Drive on Jefferson Streat, as sat
forth in Attachment A.
2. It is in the public interest, upon review and recommendation from the Public Works
Department and Engineering Division for the City of Iowa City, that the entrance drive
as sat forth in Attachment A, is hereby approvad as an eppropriate entryway and that
permission is hereby grented to the University of Iowa, es required in vacation
Ordinance No. 92-3526, to widen the entranca drive on Jefferson Street betwean
North Medison Street and North Clinton Street, es described in Attachment A.
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Resolution No. 93-128
Page 2
3. The easement agreement for temporary use of public right-of-way atteched hereto and
incorporated by referance herein is approved as to form and content, and the Mayor
is hereby authorized to execute, and tha City Clerk to attest, the easemant agreement
for and on behalf of the City of Iowa City, for recordation in the Johnson County
Recorder's Office, at University expense,
It was moved by Ambrisco and seconded by Horowitz
adoptad, and upon roll call there were:
the Resolution ba
AYES: NAYS: ABSENT:
....!...- Ambrisco
X Courtney
X Horowitz
X- Kubby
....L- McDonald
....x....- Novick
Passed and approved this 8th day of June ,1993.
ATTEST: ~~ c/!. cjjMJ
CI CLERK
Ap ~o edL
Oty '''''"'y'. om"G),"-
Itg.nl.vert'..
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EASEMENT AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA
FOR WIDENING OF ENTRANCE DRIVE LOCATED ON JEFFERSON STREET
BETWEEN CAPITAL AND MADISON STREETS
AND FOR CONSTRUCTION OF SERVICE COURT AREA
This Easament Agreement is made between the University of Iowa ("University") and the City
of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, the University of Iowa ("University") will be constructing a new servica court area
between Calvin Hall and Halsey Hall, just north of Jefferson Street between Capitol Street and
Madison Street in Iowa City, Iowa; and
WHEREAS, as part of this Project, the University wishes to widen the entrance driva off
Jefferson Street, leading to the Calvin/Halsey Service Court Area, which widening must ba
approved by tha City pursuant to Vacation Ordinance No. 92-3526; and
WHEREAS, the University wishes to secure the construction site against pedestrian and
vehicular traffic, while parforming the work within Jefferson Street right-of-wey, as shown
on Attachment A; end
WHEREAS, the parties acknowledge the City's and University's need to assure a safe
construction site at a properly safe distance from traffic, so as not to andanger lives or
property; and
WHEREAS, aftar review by the Public Works Department and Engineering Division, City staff
recommends approval of the University's plans to widen said entrance drive, as in tha best
interests of the City; and
WHEREAS, an easement agreement for the temporary use of public right-Of-way containing
such conditions has been negotiated, together with an aCknowledgement of the City's
approval of the entrance widening along Jefferson Street.
NOW, THEREFORE, in mutual consideration of the promises herein, the University and tha City
of Iowa City agree as follows.
1. City agrees to temporarily close a portion of Jefferson Street right-of-way as a
reasonable method of accommodating the University's construction of the new service
court area between Celvin Hall and Halsey Hall, north of Jefferson Street between
Capitol and Madison Streets in Iowa City, Iowa. Said temporary closing shall also
accommodate widening of the entrance drive located on Jefferson Street betwaen
Capitol and Medison, as required by Vacation Ordinance No. 92-3526,
2. In consideration of the University's temporary use of Jefferson Street right-Of-way
herein, the University agrees to secura its construction site against pedestrian and
public traffic by providing adequate traffic control, and by fencing all open excavations
while the contractor is not working.
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3, More spacifically, University agrees to provide and keep in place, and maintain in good
working condition, sign age necessary to:
a) Route pedestrians,
b) Provide advance warning.
c) Provide for tha orderly and predictable movement of traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
4,
After construction is completed, University agrees to restore right-of-way to its pre-
construction condition, excepting the widening of the entrance drive locatad on
Jefferson Street between Capitol and Madison Streets, and University further egrees
to do said restoration to the City's complete satisfaction, Parties agree this temporary
construction easement shall be in effact beginning June 15, 1993, and ending upon
substantial completion of the work, but no later than November 1, 1993,
5,
Parties agree that it is in the public interest, upon raview and recommendation from
the City Public Works Department and Engineering Division, that the entrance driva
located on Jefferson Street and described in Attachment A, which is attached hereto
end incorporated by reference herein, is hare by approved as an appropriate entryway
to the new service court area between Calvin Hall and Halsey Hall. Parties further
aCknowledge that City's permission to the University for such Widening is hereby
granted to the University, as required in Vacation Ordinance No, 92-3526.
6. University agrees to install said widening entrance drive to the new service court erea
in full compliance with all City rules and regulations, and to the City's complete
satisfaction.
7. In the event of breach of this Easement Agreement, City may, at its discretion, elect
to give notice to the University to remove all construction equipment and/or
obstructions from the City's right-of-way es noted herein and described in Attachment
A, all as provided in Section 364.12, Coda of Iowa (1993). University further agrees
that in the event the University does not comply within the time period designated in
the Notice to Remove, City may elect to remove, or direct ramoval of, any equipment
and/or any installations or obstructions from the right.of-wey, and to charge the cost
of such removal to the University, and the University agrees to pay said charge.
a. University agrees to assume responsibility for any and all claims arising out of this
Easement Agreement to the full extent permitted by Chapter 669, Code of Iowa
(1993) entitled "Tort Claims," and according to the procadures set forth therein.
9. University agrees to assume responsibility for property losses and personal injurias and
claims of such damages arising out of its use of the street rights-of-way noted herein,
which injuries or losses are incurred by reason of the nagligence of the University or
its agents or employees, and agrees to do so to the full extent parmitted by Chapter
669, Code of Iowa (1993) entitled "Tort Claims,' and according to the procedures set
forth therein.
/1/2-.
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1 O. This Agreement shall be deemed a covenant running with the land and with the title
to the land, to the extent necessary to carry out the intent of the City's Vacation
Ordinance No, 92.3526.
Dated this 2 Z
--
-.j ufJ IS
,1993,
day of
CITY OF IOWA CITY, IOWA
UNIVERSITY OF IOWA
Attest: 711~ -I! ..,e.AA)
Maria'rrK. Karr, City Clark
Attest:
D
App ~veL
ty Attorney's Office
CITY'S ACKNOWLEDGEMENT
\
STATE OF IOWA I
) ss:
JOHNSON COUNTY )
Qn..this ~..I~ day of :::run<. , 19.1L-, before me, Sencl....."-.
1-0.-1- , a Notary Public in and for the State of Iowa, personally
appeared Darrel G. Courtney end Marian K, Karr, to me personally known, end, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to tha foregoing instrument is the corporate seal of
the corporation, and that the Instrument was signed and sealed on behalf of the corporetion,
by authority of its City Council, as contained in (Stdinance) (Resolutionl No, 913-/2. <r
passed (tha Resolution adopted) by tha City Council, under Roll Call No, - of the
City Council on the q -fl, day of --::r.;:,-L , 19~, and thet Darral G.
Courtney and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed end the voluntary act and deed of the corporation, by it voluntarily
executed.
~u~
Notary Public in and for the State of Iowa
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UNIVERSITY ACKNOWLEDGEMENT
STATE OF IOWA )
I ss:
JOHNSON COUNTY )
Onthis 22nd dayof ~ , 19n,before me,theunderslgnad,
a Notary Public in and foi'tiiPStete of Iowa, personally appeared Michael J, Finnegan and
Douglas M. Young, to me personally known, who, being by me duly sworn, did say thet they
are the Univarsity Business Manager and Secretary of the Business Office, respectively; that
they have authority to act and are acting on bahalf of the University, as provided by
U;d,QJ ~*.. Q()J un , and that as such these persons did execute the foregoing
instrument as the voluntary act and dead of the University of Iowa, for and on behalf of the
Stata of Iowa Board of Regents.
~~.
Notary Public in and for the State of Iowa
ttQlI\lervcrl.lQt
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RESOLUTION NO.
93-129
RESOLUTION AUTHORIZING THE MA YOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF IOWA CITY
AND THE WATERS CONSULTING GROUP,INC, FOR CONSULTING SERVICES
FOR A CLASSIFICATION STUDY FOR AFSCME EMPLOYEES.
WHEREAS, the City of Iowa City has negotiated an agreement with the Waters Consulting
Group, Inc., a copy of said agreement being attached to this resolution and by this reference
made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
the Waters Consulting Group, Inc. for consulting services for a classification study for
AFSCME employees,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. The Mayor and City Clerk are hereby authorized and directed to execute the agreement
with the Waters Consulting Group, Inc,
2, That the City Clerk shall furnish copies of said agreement to any citizen requesting the
same,
It was moved by Ambrisco and seconded by Horowitz
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X Ambrisco
-x-- Courtney
...K- Horowitz
--L- Kubby
X McDonald
X- Novick
Passed and approved this 8th day of June , 1993.
4:/iffA,
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Approvad by
ATTEST: ~/~-'U) c/(. #.v.J
CIT LERK
humanroll.f.cma,ros
City Attorn's Office
(;/3/1)
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AGREEMENT FOR SERVICES
AGREEMENT made this '6 n. day of '.::1'ooe. , 1993, by and between the City
of Iowa City, Iowa, a municipal corporation, hereafter referred to as the Client, and The
Waters Consulting Group, a corporation duly organized end existing under the laws of the
State of Texas, hereinefter raferred to as WCG.
Recitals
WHEREAS, the Client has its principal place of business et 410 E. Washington Street, Iowa
City, Iowa, and WCG has its principal place of business at 1721a Preston Road, Suite 3400,
Dallas, Texes, and
WHEREAS, the Client has offerad a Request for Proposal entitled RFP 892.5a, Consulting
Services for Comprehensive Classification Study for Executive, Administrative, Confidential
Employees and for AFSCME Employees, and
WHEREAS, WCG has responded to said Request for Proposal by submitting a proposal to
provide said consulting services dated November, 1991, and
WHEREAS, WCG provides services to clients in the state of Texas end nationwide in the field
of wage and salary system development and other related human resource areas, and
WHEREAS, the Client wishes to engage the services of WCG for the purpose of conducting
a Comprehensive Classification Study for AFSCME Employees.
THEREFORE, Client hereby engages the services of WCG, and in consideration of the promises
herein contained, the parties agree as follows:
ilr!!l
1.
This agreement shell be for the period necessary for successful completion of this
project, commencing on April 1, 1993, to be completed not later than September 1,
1993, unless an extension is egraed upon in writing by both perties,
Scooe of Service
2. WCG will provide the following professional services in order to conduct a classifica-
tion study for AFSCME employees of the City: (1) General Project administration; (2)
Communication and Oriantation meetings; (3) Job Descriptions; (4) Job Audits/
Analysis; (5) Job Evaluation; and (6) Appeals,
Fees and Exoenses
3. Professionel fees for said project will be $14,660. Professional services for additional
time associated with the Job Eveluation Committee for Appeals will be in addition to
the said project fee and billed at the rate of $110.00 per hour. In addition, Client will
reimburse WCG for reasonable expenses for travel, lodging, clerical and support
services to be billed at actual cost. Progress payments for professional services
satisfactorily performed and expense reimbursement will be made within 30 days after
submittal of a statement by WCG.
III:!>
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Devotion of Time
4. WCG shall devote such time to the performance of its duties under this agreement as
is necessary for the successful completion of all project phases. Should the client
require additional services not included in this agreement, an amendment to this
agreement stating the exact scope of services and cost of all edditional services may
be negotiated.
Entire Aoreement
5. This agreement supersedes any and all other agreements, aither oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this agreement
which is not contained herein shall be valid or binding.
Sub Contract
6. Neither this agreement nor any duties or obligations hereunder shall be sub contracted
by WCG without prior written consent of the Client. In the event of a sub contract by
WCG to which tha Client has consented, the subcontractor or the legal representatives
shall agree in writing with the Client to personally assume, perform, and be bound by
the covenants, obligations, and agreements contained herein.
7. The validity of this agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State
of Iowa,
Non-Discrimination
a. There shall be no discrimination against any employee who is employed in the work
covered by this agreement, or against any applicants for such employment, because
\ of race, religion, color, creed, sex, national origin, sexual orientation, mental or
physical disability, marital status, or age. This provision shall includa, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination: rate of payor other forms of
compensation; and selection for training, including epprenticeship.
Contacts with Resoonsibility
9, John Verdier will be designated as Project Director for this project by WCG, and to
menage end supervise the performanca of this agreement on behelf of WCG,
Associated with the Project Director will be staff members whose experience and !
qualifications are appropriate for this study. The Client will be rapresented by the
Personnel Administrator or a designee for all matters relating to this agreement.
Interests of Parties
10. No officer, member, or employee of the Client end no member of its governing body,
end no other public officials of the governing body of the locelity or localities in which
this project is situated or being carried out, who exercises any functions or responsibili-
ties in the review of approval of the underteking or carrying out of this Project shall (1 )
participate in any decision relating to this agreement which affects his/her personal
1//3
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3
interest or the interest of eny corporetion, pertnership, or association in which he/she
is directly or indirectly interested: or (2) have any interest, direct or indirect, in this
agreement or the proceeds thereof.
WCG covenants that its officers, employees and shareholders have no interest and
shell not acquire any interest, direct or indirect, which would conflict in eny manner
or degree with the performance of services required to be performed under this
Agreement.
Termination of Contract
11. Client shall have the right to terminate this contract for its convenience by giving WCG
written notice of its election to do so and by specifying the effective date of such
termination. WCG shall be paid for its services through the effectiva date of such
termination. Further, if WCG fails to fulfill any of its obligations hereunder, this
agreement shell be in default. If this agreement is so termineted, WCG shell be paid
only for work satisfactorily completed,
Indemnification end Insurance
12. To the extent permitted by applicable lew, WCG shell hold harmless end indemnify
Client from any and all liability, including cost of defense, (a) with respect to
professionel services, arising out of negligent acts or omissions by WCG, or parties
acting on its behalf, in the performance of the services described in this agreement,
and (b) with respect to claims not related to professional services erising in whole or
in part out of performance by WCG, or parties acting on its behalf under this
agraement, without regard to negligence or indemnified party.
\
Certificates evidencing such coverege will be provided to Client with the executed
copy of this agreemant. Payment to WCG will be contingent upon receipt of such
certificates. Annual renawal certificates shall be provided during the term of this
Agreement evidencing no reduction in required coverages.
IN WITNESS WHEREOF, the city of Iowa City, Iowa and the Weters Consulting Group, Inc.
hava executed this Agreement to the date first ebove written.
THE WATERS CONSULTING GROUP
By:
Darrel G. Courtney, M or
By: IdI/.eJVmbu-
Rollia O. Waters
Attest: ~J'':'...,) ~ ~JA)
Cit Clerk
Approved by:
City Attorne 's Offica
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AGREEMENT FOR SERVICES
AGREEMENT made this __ day of ,199 ,by and between the City
t Iowa City, Iowa, e municipal corporation, hereafter referr fj to as the Client, and The
Waters Consulting Group, e corporation duly organized an existing under the laws of the
Stat'e of Texas, hereinafter referred to as WCG.
\
,
\
\ Recitals
WHEREAS, the Client hes its principal place of bU)l ness at 410 E. Weshington Street, Iowa
City, Iowa, ii~WCG has its principal place of b siness at 1721a Preston Road, Suite 3400,
Dellas, Texes, and
WHEREAS, the ~ent has offered a Requ st for Proposal entitled RFP #92-5a, Consulting
Services for Compr~hensive Classificatio Study for Executive, Administrative, Confidential
Employees and for A\CME Employee , end
WHEREAS, WCG has responded t said Request for Proposal by submitting a proposel to
provide said consulting services d ted November, 1991, and
\
WHEREAS, WCG provides s v' es to clients in the state of Texas and nationwide in the field
of wage and salary system d lIelopment and other related human resource areas, and
WHEREAS, the Client wis as to ngage the services of WCG for the purpose of conducting
a Comprehensive Classif ation S dy for AFSCME Employees.
1.
This agr ement shall be for the perio necessery for successful completion of this
project commencing on April 1, 1992, be completed not leter than September 1,
1993 unless an extension is egreed upon 'n writing by both parties.
2.
CG will provide the following professional servi @s in order to conduct a classifica-
tion study for AFSCME employees of the City: (1) (j~neral Project administration; (2)
Communication and Orientation meetings; (3) Job\ escriptions; (4) Job Audits/
Analysis; (5) Job Evaluation; and (6) Appeals.
Fees end Exoenses
Profassionel fees for seid project will be $14,660. Professionel rvices for additionel
time associated with the Job Evaluation Committee for Appeals iQ be in addition to
the seid project fee and billed at the rate of $110.00 per hour. In ad'd~on, Client will
reimburse WCG for reasonable expenses for travel, lodging, clericekjlnd support
services to be billad at actual cost. Progress payments for professionel services
satisfactorily performed end expense reimbursement will be made within 30 days efter
submittal of a statement by WCG.
1/13
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0, nit?)
RESOLUTION NO. 93-130
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKING
DIVISION OF THE FINANCE DEPARTMENT.
WHEREAS, Resolution No, 93-54 adopted by the City Council on March 2, 1993, authorized
permanent positions in the Finance Department for FY94;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the budgeted positions in the Parking Division be amended by:
1. The deletion of one part-time (.501 Parking Cashier position, AFSCME, paygrade 1.
2. The deletion of one full-time PM Ramp Manager position, Administrative paygrade 27.
3. The addition of two part-time Ramp Manager positions, Administrative paygrade 27.
It was moved by ^ b i and seconded by Horowitz
m r SGQ
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
--L- Ambrisco
X Courtney
-X-- Horowitz
-X-- Kubby
---X- McDonald
--L- Novick
Passed and approved this 8th day of ,1993.
ATTEST: 7~AtJ 1(. +J,J~
CIT LERK
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City of Iowa City
MEMORANDUM
Date:
June 2, 1993
To:
City Council and City Manager
Don Yucuis, Finance Director \)l!r-
Joe Fowler, Parking Systems Sup~rintendentJf
From:
Re:
Reorganization of Parking Division
This reorganization of the Parking Division reduces the number of unsupervised cashier hours
from 56 per waek to 10. The change will provide supervision on weakends.
At the present time there is a vacant 1/2-time cashier position. These changes can be made
without reducing existing staff. There will be no increase in allocated positions. There will
be some additional cost due to the difference in hourly pay,
Enclosed in the packet is a memo detailing changes in operating hours and supervision.
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City of Iowa City
MEMORANDUM
Date: June 2, 1993
To: Stephen Atkins, City Manager
From: Don Yucuis, Finance Director~ ~
Joe Fowler, Parking Systems Su rintendentJl'
Re: Parking Division - Changing of Work Hours/Reorganization of Job Duties
1. Chanae of Work Hours
The hours of oparation in the Capitol and Dubuque Straet Parking Ramps have not
been adjusted since 19a4. After monitoring operations from January 1993 to the
present, we feel there are some operational changes that should be made. We would
like to reduce hours of cashiering in the parking ramps during hours of low usage.
These reductions will have little or no effect on revenue.
The closing hour in both the Dubuque and Capitol Street Ramps should be reduced on
Monday, Tuesday and Wednesday nights from 3:00 AM to 12:00 midnight. In
monitoring the transactions in both facilities during the winter months, it was
datermined that four exits per ramp, per night, from midnight until 3:00 AM would be
considered a busy night.
The Capitol Street Ramp opens at 7:30 AM on Sunday. No storas open until noon.
\ At the present time the cashier on duty completes the Park & Shop billing during this
time. This employee could begin work at 10:00 AM and still complete their assigned
duties. Other Sunday shifts would be adjusted accordingly.
At the present time the Capitol Street Ramp closes atl 0:00 PM on Sunday. The
Dubuque Street Ramp closes at 11 :00 PM. We recommend both facilities close at
10:00 PM,
The old operating guideline was, if you are open on the weekend you have to be open
the same hours all week. We do not believe this operating principle holds true today.
At the present lima there is a cashier opening, thus avoiding any possible terminations I'
as a result of changes in operating hours.
2. Reoraanization of Job Duties
John Ruppert, PM Ramp Manager, is planning to retire in September of this year. At
that tima we would like to reduca this position to 32 hours per week, and add en
additional 32 hours per week PM Manager. This would provide on-sita cashier
supervision for all but 10 hours per week. At the present time there are 56
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unsupervised cashier hours per week. Currently there are suparvisors on duty Monday
through Friday, 7:00 AM till 11 :00 PM. Under the proposed change there would be
supervisors on duty Monday through Saturday from 7:00 AM until 1 :00 AM, and
Sunday from 1 :00 PM until 10:00 PM.
There would be no change in the authorized positions in the division. There would be
soma additional cost due to the difference in hourly pay rate between a cashier
position and the PM Manager position.
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RESOLUTION NO.
Nt
&!v
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE
FIGHTERS, IAFF, AFL.CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1993,
THROUGH JUNE 3D, 1994.
WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of
Professional Fire Fighters, IAFF, AFL.CIO, Local #610, (hereinafter the Union), through their
designated bargaining representatives, have negotiated a collective bargaining agreement to be
effective July 1, 1993, through June 30, 1994, a copy of which Agreement Is attached to this
resolution and by this reference made a part hereof, and
WHEREAS, the City desires to approve the Agreement, finding that It will promote efficient
municipal operations, thereby providing residents of the community with municipal services.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, The above-referenced Agreement between the City and the Union Is hereby approved by
the City.
2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the
Agreement.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Passed and approved this
day of
,1993.
MAYOR
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ATTEST:
CITY CLERK
C Attorney's Office G/~9',j'
flre,res
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CONTRACT BETWEEN
CITY OF IOWA CITY '
AND
IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS
IAFF, AFL.CIO, LOCAL #610
JULY 1,1993
TO
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JUNE 30, 1994
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TABLE OF CONTENTS
Preamble .............................................,........ 1
Article I -- Recognition ,.,.,.....,..,............,...."....."...,. 2
Article II -- Menagement Rights ..,.,..........,..,...,...,...."".. ,. 2
Article III .. No Strike. No Lockout .."....,.....,..,..,.,.,.....,...., 3
Article IV .. Dues Check Off ...............,.,......,........,.,.,.,. 3
Article V.. Hours of Work ,.,."............,.....,......."...,..,. 4
Article VI.. Overtime .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .. 5
Article VII .. Special Leaves ,......"....,.,..,...,..,..,....,.,...,. 6
Article VIII -- Holidays .,.,.,.............................,.......,. 9
Article IX .. Sick Leave . . . . . . . . . . . , . . . , , , . . . . . . . . . . . . . , , , . , . . , . . . ., 10
Article X ... Vacations ..................................,......... 12
Article XI.. Union Activities ...,.,.....,'.........,.".",.,.,....., 13
Article XII .. Uniforms and Equipment .,..,........,.,..,..,....",..., 14
Article XIII -- Insurance ,.,...,...,..."......"..."..,..,.,.,..., 14
Article XIV -- Duty Outside the City . . . . . . . . . , . , , . . . . . , . . . . . . . " . . . . , ., 15
Article XV .- Training Programs ..,........'.........,...... . . . , , . . ., 15
Article XVI.. Bulletin Boards .. . , . , . . . . . . . . . , . , , . . . . . , , . . , , . , . . . . . . " 16
Article XVII -- Personnel Transactions ..........'..........,....,'...., 16
Article XVIII -- Discipline .....,...,.....,...,..,.,.".."...,....., 16
Articla XIX.. Transfar Procedures .........,.,.,..,...,......,.,.,..., 17
Article XX .. Supplemental Employment "....,..,..,.........,..",.... 17
Article XXI -- Safety ,.,.....,.,.........'..'.,...,............... 1a
Article XXII .. Grievance Procedure . . . . . . . . . . . , . . , . . . . . . . . . . , . . , . . . ., 1a
Article XXIII -. General Conditions .......,'.........,.".,.,.",.,.." 21
21
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Article XXIV.. Waiver ...................................,........
Article XXV.. Savings Cleuse ......".......,............, . . . . . , . . ,
Article XXVI -. Duration ..,....,.....,.,.......,...........".,.....
Article XXVII ... Wages .......................,............,. . . . . . . .
Article XXVIII.. Othar Compensation ................,........,......,.
Article XXIX.. Use of Time Off ......,.......,.............,....".,.
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PREAMBLE
This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City"
end tha Iowa City Association of Professional Fire Fighters, I.A,F.F. AFL/CIO, Local 610,
referred to as the "Union", for the purpose of promoting harmonious and cooperative
collectiva bargaining between the parties.
The parties agree to the following specific provisions:
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ARTICLE I
RECOGNITION
The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F.
AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire
Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire
Marshel, end all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This
representation is based on a Decision and Order promulgated by the Iowa Public Employment
Relations Board on December 16, 1975. This Contract is not intended to bind either party
with respect to future unit determinations or rights of representation of new titles,
departmental reorganization or any other administrative variations of the present department
organization.
The City agrees that it will not sponsor or promote, financially or otherwise, any other
group, individual, or labor organization, for the purpose of undermining the Union; nor will it
interfere with, restrain, coerce, or discriminate against any of its employees in connection with
their membership in the Union.
ARTICLE II
MANAGEMENT RIGHTS
Saction 1. Except as limited by the express provisions of this Contract, nothing herein
shall be construed to restrict, limit, or impair the rights, powers, and authority of the City
under the laws of the State of Iowa and the City's ordinances. These rights, powers, and
authority include, but ere not limited to the following:
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a. To direct the work of its employees.
b, To develop, implement and enforce work rules, safety standards, performance
and productivity standards,
c. To hire, promote, transfar, assign, classify, schedule, evaluate, and retain
employees within the operation of the City government and to develop and
maintain qualification standards and procedures for employment, promotions,
and transfers.
d. To discipline, suspend or discharge employees for just cause.
e. To maintain the afficiency of the governmental operation and to determine and
maintain the nature, scope and definition of City organization.
f. To relieve employees from duties because of lack of work, lack of adequate
public finencing, or for other legitimate reasons.
g. To determine the amounts, methods, and procedures for compensating
employees and the definition of, necessity for, allocation of, and nature of
ov~rtime and the method of compensating overtime.
h, To determine and implement the methods, means, tools, locations, equipment,
and assignment of personnel by which its operations are to be conducted
including but not limited to the right to contract and subcontract work.
i. To take such actions as may be necessary to carry out its mission,
j, To initiate, prepare, certify and administer its budget.
k. To exercise all powers and dutias granted to it by law.
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ARTICLE III
NO STRIKE--NO LOCKOUT
Section 1. No Strike. No employee covered by this Contract shall engage in any strike
at any City facility or at any location in the City where City services are performed during the
life and duration of this Contract. If any strika shall take place, the Union will immediately
notify employees engaging in such activities to caase and desist, Employees in the bargaining
unit. while acting in the course of their employment, shall not refuse to cross any picket line
established by any lebor organization when called upon to cross such picket lina in the line of
duty, The City will make every reasonable effort to assure employee safety in crossing picket
lines, Any employee engeging in any activity in violation of the Article shall be subject to
immediete disciplinary action including discharge by the City,
'Strike' means a public employee's refusal, in concerted action with others, to report
to duty, or his willful absence from his position, or his stoppage of work, or his abstinenca
in whole or in part from the full, faithful, and proper performance of the duties of employment.
Section 2. No Lockout. The City agrees not to lock out employees as a result of
disputes arising out of the tarms of this contract.
ARTICLE IV
DUES CHECK OFF
Section 1. The City agrees to deduct Union membership fees and dues once each
month from the pay of those employees who individually authoriza in writing that such
deductions be made, The Union will varify the dues structure to the City in a letter signed by
the President and notarized. Authorization for check off must be received by the 15th of the
month in order to be withheld from the first check of the next month.
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Section 2. Check off monies will be deducted from the first pay check of each
calendar month and shall be remitted, together with an itemized statement, to the Union
Treasurer within ten (10) days after the daductions have been made.
Section 3. The City will not deduct dues beginning the first of the calendar month
after which en employee is no longer part of the bargaining unit. An employae may voluntarily
cancel or revoke authorization for check off by delivery of written notice to the City and to
the Union. Cancellations received by the 15th of the month will become effective on the first
of the next month.
Section 4. The City will not be liabla and will be held blameless for damage arising by
virtue of mistekes in connaction with funds collected under the provisions of this Article. The
City will not be responsible for payment of dues, special assessments or any other deduction
upon en individual's default.
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ARTICLE V
HOURS OF WORK
Section 1. The normal work week will average fifty-six (56) hours, consisting of
twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty,
twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on
duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number
of hours in anyone week.
Sworn personnel of the Fire Department bargaining unit will work in twenty-four (241
hour shifts, except such members as assigned to other special shifts by the Chief. An
adjustment in benefits will be made for employees who are assigned to other than fifty-six
(56) hour week,
Section 2, Temporary variations in shift assignment or changes in days on and off may
be made upon twenty-four (24) hours notice. No prior notica is required to change schedules
in an emergency or in the case of inclement weether.
Section 3. Tradina of Time. The City will permit fire fighters to exchange work shifts
within grade and between captains and lieutenants upon the following procedures:
a. Two employees may make a mutual request in writing to the Battalion Chiefs
of the respective shifts 24 hours in advance except in the case of emergency
when shorter periods of notice are required,
b. The Fire Chief and Battalion Chief will approve or dany the request, but
permission to trade will not be denied without reason,
c. The amployae receiving the work shift off in the exchange shall pay back the
employee taking hislher place, as required by the law.
d,
The substitution may not impose any additional costs on the Employer. In the
event the employer is required to pey any overtime because of the failure of an
employee to pay another back in timely fashion, this overtime pay shall be
deducted from the pay of the negligent employee.
Section,4. Staffina. The Chief has sole discretion to determine the number of people
who take time off in any rank as well as the level of staff for the Fire Department.
Section 5. Pav outside of classification. If an acting temporary appointment out of
rank is made by the Fire Chief for a period which excaeds 24 consecutive work hours, the
employee so appointed will be peid at the rate of 4% above his/her current salary/hourly rate
or at the second step rate of the rank being replaced, whichever is higher. Such pay
adjustments will be retroective to the original date of essignment.
If an acting temporery appointment to e Battalion Chief's position is made by the Fire
Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed
will be paid at the rate of 4% above his/har current salary/hourly rate.
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Such appointments will be made by tha Fire Chief as follows:
a. Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire
Chief will look to the Firefighters assigned to the station affected. Of such Fire-
fighters, a Firefighter on the Lieutenant promotional list will have priority in accepting
the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior
Firefighter at the affected station will heve priority in accepting the assignment. If the
Firefighters essigned to the station do not accept the assignment, the Firefighter
moving to the effected station as the replacement will then be offered the temporary
out-of-renk assignment,
b, Lieutenants acting out of renk: In making temporary out-of-rank assignments, the Fire
Chief will share among Lieutenants such assignments with consideration to a
Lieutenant's standing on the Captain promotional list,
The Fire Chief reserves the right to assign temporary out-of-rank assignments if no personnel
voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum
standards for persons given out-of-rank assignments.
Section 6. Excused Tardiness. Employees shall be aliowed two (2) fifteen (15) minute
penalty-free tardiness' annually, This provision shall only be applicable in situations involving
unintentional tardiness.
ARTICLE VI
OVERTIME
Section 1, For purposes of this Article a "day" is defined as beginning at 7:00 A.M.
end ending twenty-four (24) hours later.
Section 2. Overtime is work performed by a permanent employee who is required to
work at the end of twenty-four (24) hour shift or who is called back to work for fira
department activities. Prior authorization from the Officer in charge is required before
overtime will be credited. Employees mey be periodically raquired to work overtime but may
request not to do so beceuse of physical inebility es determined by tha Chief or his/her
designee,
Overtime is voluntary where overtime assignments are made over seventy-two (72)
hours in advance; provided, however, the right to refuse an ovartime assignment shall be
limited to the first threD (3) employees asked to report to work on a particular work day.
Thereafter, overtime shall be mandatory.
The Fire Chief shall make assignments as soon as he/she knows of the need. There
will be no pyramiding of ovartime.
Overtime will be compensated at tha rate of one and one-half (1-1/2) times the current
base hourly rate of the employee or by compensatory time off at the rate of one and one-half
(1-1/2) hours of each hour of ovartime worked. Permanent employaes may accumulate up
to 4a hours of compensatory time which may be taken off at times agreed upon by the
employee and the supervisor. The Chief will consider depertmental staffing needs, financial
5
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considerations, and employee preferences in determining whether overtime is paid or
compensatory time given, In the event that the Chief shall establish a standing policy that for
some period of time all ovartime worked will be compensated exclusively either by payor by
compensatory time off, such policy will be declared by written notice to the bargaining unit.
Upon termination the employee will be paid for all remaining compensatory time, If an
emergency situation occurs, as datermined by the Chief at the end of a fiscal year which
would rasult in a probable loss of compensatory time due to year end accruals, the Chief may
euthorize overtime payment in lieu of compensatory time at the end of the first full pay period
of the new fiscal year,
Section 3. Minimum Call-In. An employee who has completed a work day and who
is called in to work in an emergency situation without prior notice will be paid for a minimum
of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and ona-half
(2-1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid
at the overtime rete.
Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis
of six (6) minute segments, and an employee must work an entire sagment to be credited with
one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will
receive one (1) hour of overtima for any part of an hour of previously authorized work,
E.g., if a unit is called out at 6:30 A.M, for a fire and are unable to return to the station
until 7:20 A.M" each craw member who has received authorization to answer the call will
receiva one (1) hour of overtime. In tha event that the crew is required to stay until a:20
A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest ona-
tenth (1/10) hour and the employee would receive 1.3 hours of overtime.
ARTICLE VII
SPECIAL LEAVES
Section 1. On the Job Iniurv. Upon application the City may grant a leava of absence
with pay in the event of an injury or illness of an employee while at work provided the
following conditions exist:
a, The injury or illness arises out of the course of City employment,
b. The City's medicel edvisor determines thet time off work is raquired,
If the above provisions are applicable, leave with pay will be granted during the
remaining time on the work shift when the injury occurs and for a period of up to two (2)
working shifts thereefter if euthorized by the medical advisor,
If the injured or disabled employee requires more than two (2) shifts in which to
recuperate and return to work, any additional absence may be charged to sick leave or, if sick
leave is exhausted, to other accumuleted leaves or if all leaves are exhausted, to leave of
ebsence without pay. If the City is reimbursed by the Fire Pension Board for deys when an
employee is using sick leave for on-the-job injury, the City will return to the employee such
sick leave.
6
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Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts
per incidant as datermined by the Chief with no loss of compensation to attend the funeral
of hislher spouse, children, mother, father, stepparent, sister, brother or grandparent.
An employea will be granted up to one (1) shift per occurrence with no loss of
compensation nor loss of accrual from sick, annual, or compensatory time to attend the
funeral of his/her mother-in-law, father-in-law, grandparent-in-Iaw, aunt or uncle, brother-in-
law, sister-in-law, or permanent member of the immediate household.
If additional time is needed, an employae shall be permitted to use up to one (1) shift
of accumulated sick leave with the approval of the Fire Chief or immediate supervisor.
Section 3, Leave of Absenca Without Pav, A leave of absence without pay is e
predetermined amount of time off work, which has been requested by the employee,
recommended by the Fire Chief and approved by the City Manager. Generally, such laave
shell not exceed twelve (12) months. Upon termination of any such leave of absence, the
employee shall return to work in tha same range and step as when he/she left end will receive
compensation on the seme basis as if he/she had continued to work at his/her regular position
without leave, provided that, during that period, if the nature of operations has changed so
that similar work does not exist or that an opening for the employee no longer exists the
employee will be offered vacancies in related arees or other vacancies at the City for which
the employee is otherwise qualified.
In the event an employee fails to return to work at the end of any such leave or
extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily
retired on the last day of work prior to such leave. During a leave of absence without pay,
tha employee:
a, cannot pay retirement contributions if the leave exceeds one month in duration;
b. shall not raceive any other accruals or job benefits during the period of absence;
c.
shall not acquire additional saniority during said leave except in the case of
temporary medical disability or where otherwise specified by this Agreement;
d. shall not earn sick, vacation, or other leave;
e. must use all accumulated vacation to which ha/she is entitled prior to the time
that the laeve without pey commences;
f, must pay prorated health, dental and life insurance premiums falling due during
any month the employee is not on the payroll, if coverage is desired and is
aveilable subject to insurance carrier approval, as follows:
1. For any calendar month during which the employee is on unpaid leave
not exceeding ten celandar days and insurance coverage is desired, the
City will pay the cost of the insurance premiums for Medical, Dental and
Life insurance.
7
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2. For any calendar month during which the employea is on unpaid leave
in excass of ten calendar days and insurance coverage is desired, the
employee must pay 1/20 of the insurance premium for each calendar
day beyond ten days that the employee is on unpaid leave of absence.
The remeinder of the premium will be paid for by the City.
3. The employee may choose which insurance coverages, if any, are to be
retained during the unpaid leave of absence,
4. Payment for insurance coverages desired by the employee may be
deducted from current or future pay due to the employee, Failure to
return from an unpaid leave where insurance coverage was desired will
result in the City billing the individual for costs which would otherwise
have baan deducted from the employee's pay.
The Fire Chief may waive the above conditions (a. through e.) for leaves of absence
not exceeding ten (10) calendar days.
Section 4. Jurv Dutv, An employee summoned for jury duty shall notify the City so
that a request to the Court in writing may be made to excuse the employee because of the
neture of fire suppression activities, In the event that no such request is made by the City
or that the,employee is not excused, the employee shall receive hislher regular compensation
from the City for all regular duty time spent in jury service and the City shall receive the pay
eerned for such jury service. Compensation for travel expenses may be retained by the
employee. An employee shall report to the assigned work area both before and after time
spent on jury duty for regularly scheduled work days.
Saction 5. Witness Fees. An employee shall be granted leave with pay when required
to be absent from work for the purpose of testifying in court in response to legal summons,
when such eppearance erises directly from his/her duties or obligations as an Iowa City
firefighter, and the City shall receive tha witness fees up to the amount of compensation paid
to the employee for days testified.
Section 6. Militarv Leave. The City will comply with the Code of Iowa on military
leave.
Section 7. Votinc Time. An employee shall be permitted to vote during the work day
in any netional, state, or local election if it is not reasonably possible for him/her to vote
during off hours. If available, transportation will be provided within Iowa City.
Section a. Precnancv Laave. A pregnant employee shall be entitled to a leave of
absence without pay if she is disabled as a result of pregnancy or related causa at the
exhaustion of other eccumulated leaves. All amployees requiring such laeve shall notify the
Fire Chief prior to the anticipated date of birth and should be able to substantiate their
condition by a doctor's stetement. Employees may work during pregnancy if health parmits.
Those grantad leaves under this section shall present a doctor's statement es to
pregnancy disability and recovery therefrom. Within seven (7) days following birth,
a
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miscerriage, or abortion, the employee shall advise the City of the date by which she will
return to work. Unless the employee returns to work by such date, or any other date by
reason of extension granted by the City, the employee will be considered to have voluntarily
resigned or retired. An employae who takes a leave pursuant to this section shall return to
work as soon as she is medically able.
ARTICLE VIII
HOLIDAYS
Section 1. The following days shall be paid holideys for permanent employees: New
Year's Dey (Jenuery 1); Martin Luther King, Jr, Dey (third Monday in January); Washington's
Birthday (third Monday in Februery); Memorial Day (last Monday in May); Independence Day
(July 4); Labor Dey (first Monday in September); Veteran's Day (November 11); Thanksgiving
Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December
25); end one personal leave day,
Section 2. In addition, there shall be granted to permanent employees who do not
work a continuous shift the day before or after Christmas, JlL the day before or after New
Year's Day as an additional holiday. The City Manager may direct that employees observe a
particular day for this holiday but if the Maneger fails to make such designation by December
15 of the calendar year in question, employees may select a particular day subject to the
approval of the supervisor. If the City Manager does not designate a day employeas may
choose a day between December 24 and January 2 for this holiday with the supervisor's
approval.
\
Section 3. Permenent employees on a continuous shift shall receive one hundred
thirty-five (135) hours of holiday credit on July 1 annually, Any continuous shift employee
who begins work after July 1 of any calander yaar will receive credit for the remaining holiday
dates in the yaar. If an amployee separates after July 1 of any year, those holidays which
hava been credited but which have not yet occurred will be daducted for the purpose of
considering separation pay. Requests for use of holiday time shall be made to the Battalion
Chief who shall determine when holiday time may be taken.
For the purpose of this Article, a holiday for continuous shift employees begins at 7:00
A.M. on the day of the holiday and continues for a pariod of twenty-four (24) hours
thereafter.
Section 4, In lieu of overtime pay for working on a holiday, a payment of $150
($15.00 per holiday) will be made to each permanent full-time continuous shift bargaining unit
employee, Payment will be mede on the second paydey of the fiscal year. Any continuous
shift employee who begins work efter July 1 of any year will receive payment for the
remaining holidey dates in the year. If an employae separates after July 1, those holidays
which hava been paid but which have not yet occurred will be deducted for the purpose of
considering separation pay.
Section 5. Part-time employaes will recaive holiday pay on a pro rata basis.
9
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year.
Saction 6, Holideys or personal leave days shall not be carried beyond July 1 of any
Section 7. Definitions. "Continuous shift employees" as used in this article includes
all personnel who are working on twenty. four (24) hour shifts.
ARTICLE IX
SICK LEAVE
Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave
credit per month and shall have the right to accumulate unused sick leave up to a maximum
of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a
leave of absence without pay but any employee granted a City paid leave shall continue to
earn sick leave. Accumulation of sick leave shall commence on the date of first permanent
employment. Additional sick leave will not accrue while an employee is receiving pension
compensation on any basis or on an unpaid leave of absence except a temporary occupational
disability. Employees on temporary occupational disability leave shall continue to accrue sick
leave during the first ninety (90) days of such leave.
Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on
the basis of the employee's current hourly base salary, provided that the dollar amount of the
payment may be up to but shall not exceed the amount that an employee would hava been
due if he/she had terminated on June 2a, 19a5, Employees hired on or after June 29, 19a5,
are not eligible for payment under the provisions of this paragraph. An employee must heve
been employad by the City for at leest one yaar in order to be eligible for payment of
accumulated sick leave upon termination.
Section 2, Use of Sick Leave.
a,
An hour of accumuleted sick leave shall be used for each hour an employee is sick and
off work during a work week. A doctor's statement regarding nature of illness and
recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis
for doctor's appointments or other health maintenance needs.
b. In addition to sickness of an employee, sick leave may be used for:
(1) On-the-job injury;
(2) Serious illness or hospitel confinement of a spouse or child, or critical illness of
the employee's 'mother, father, mother.in-Iaw, father.in-Iaw, brother, sistar, or
grandparents, as well as any other relatives or members of the immediate
household of the employee up to a maximum of forty.eight (4a) hours per
occurrence, provided the employee's presence and efforts are needed.
Critical illness is defined as a life threatening iIInass or malady.
Serious illness is one in which the ill person is incapacitated to such a degree that
he/she cannot elone adaquately provide for his or her daily living naeds.
10
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Section 3. Notifications, An employee shall notify his/her supervisor as soon as
reasonably possible of any sickness or illness which will cause him/her to miss work and,
unless such notification is given prior to the beginning of the work day, the absence will not
be charged to sick leave, but will be charged to other accumulated leave or to leave of
absence without pay. Unusual circumstances will be evaluated and may result in charging the
absence to sick leeve. An employee who becomes sick at work will notify his/her supervisor
before leaving tha area. An employee who is unable to perform any required duties as a result
of illness must leave the work area and charge the time to sick leave or other accumulated
leave, or to leave without pay.
Section 4. In the event an employee is injured or disabled on the job requiring time
away from work, no deductions shall be made from the employee's accumulated sick laave
or annual leave unless such employee requires more than two (2) shifts following the day of
the injury in which to recuperate end return to work.
Section 5. While an employee is raceiving sick leava pay from the City, self-
employment for payor work for another employer for pay is expressly forbidden. A weiver
of this provision shall be given if the employee presents evidence from his/her physician to
the satisfaction of the City that the employea's medical disability would preclude fulfillment
of the employee's duties with the City, but thatthe nature of the disability would permit work
at alternative outside employment. '
Section 6, Sick Leave Bank.
a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank
if they have exhausted their own sick leave accumulation and are seriously ill.
Hours of sick leave shall be contributed to the bank by bargaining unit members
who have reached the maximum accumulation of sick leave (2160 hours or 90
shilts) at the rata of 5.54 hours per pay period.
\
b,
Employees who use Sick Bank days will repay the bank at the regular sick leave
accrual schedule after returning to work. Employees who do not return to work
or who fail to accumulate a sufficient amount of sick leave will pay beck the
Bank from other accrued leave or in cash, except for those cases where the
joint City-Union committee mey waive such payback due to the death or
permenent disability of the employee.
c. A joint City-Union committee will administer the use of Sick Bank days by
employees, The committee will be made up of one Union representative, one
City representative and one person chosen by the two representatives. The
Bank Administration Committee will determine when sick leave mey be used,
application procedures, the length of time which any employee mey borrow, the
length of the waiting period after exhaustion of sick leave be fora employees
may borrow time, amount of time before which days must be paid back, and
other criteria for using Bank deys,
11
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The Committee is charged with maintaining the integrity of the Bank for
serious or catastrophic illness of individuals in the entire unit and will develop
policies to protect against abuse by individuals., '
d,
The City will contribute 500 hours of sick leave to the Bank as of July 1, 19a7.
No individual may use more than six (6) shifts during any fiscal year under the
terms of this Agreement.
ARTICLE X
VACATIONS
Section 1, Accumulation. Vacations shall be earned and accumulated by month
according to the following schedule:
Lenath of Service Hours Per Month Hours Per Year
0-5 years 12 hours (6 shilts/yr) 144 !
5 years 1 day-10 years 16 hours (a 'shifts/yr) 192 I
10 years 1 day-15 years 1a hours (9 shifts/yrl 216 I
15 years 1 day-20 years 20 hours (10 shifts/yr) 240 !
More than 20 years 22 hours (11 shilts/yr) 264
The maximum number of hours eligible for carryover to a new contract benefit year
as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (2aa) hours.
Vacation time may be used on en hour-for-hour basis provided raasonable notice is given in
advance and subject to the Fire Chief's approval which shall not be withheld without reason.
Section 2, Use of Vacation, An employee becomes eligible to use vacation time after
he/she hes been on the payroll as a permanent full-time fire fighter for a period of six (6)
continuous months. (This may occur prior to tha completion of probation.)
Between November 1 and December 31 each battalion will schedule vacations using
the following procedure:
The Chief will indicete the minimum number of persons of each rank who must be
working.
Employeas will indicate their first choice in tha order of seniority within the depart-
ment. When the least senior person has expressed a first choice, the most senior
person may indicate a second choice, with others following in order of their turn.
Unless an employee expresses his/her choice within two shifts, he/she will be
considered to heve forfeited a turn. The Battalion Chief and the Union representative
will monitor the procedure for choice of vacations.
Section 3. Pavment of Accumulation. Upon resignation or retirement after six (6)
months of continuous service, an employee is eligible for peyment of not more than two
12
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hundred eighty-eight (28a) hours of accumulated vecation leave at the current base rate of
pay.
ARTICLE XI
UNION ACTIVITIES
Section 1. Union Meetinas. The Union may use the All-Purpose Room for union
meetings for three (3) hours not more often than once per month. Employees on duty may
attand with the Betta lion Chiaf's permission end such employees must ba available for fire
calls. Such meetings will be held at times whan they do not interfere with Fire Departmant
activities, No one on duty in outlying stations may attend except that if the Union President
is assigned to an outlying stetion, he/she may arrange with another bargaining unit member
assigned to the central station to temporarily trade stetion assignments in order to attend said
meeting, subject to approval by the Battalion Chief on duty.
Section 2. Documents. Documents belonging to the Union may be stored at the
Central station in the same manner in which they are currently stored in file cabinets
belonging to the Union, These may be movad to an outlying station if the Union President is
permanently assigned there. The Union will be responsible for moving the file cabinets.
Section 3. State Convention. Two bargaining unit members from different shifts may
have up to two shifts off duty to attend the annual meeting of the Iowa State Association of
Professional Fire Fighters Convention. The Union will designate in writing who will attend the
convention ten (10) days prior to the data of the convention. All arrangements for taking time
off under this Section will be clearad with the Chief.
\
Section 4, State Officers. State Officers shall be givan up to two (2) shifts off duty
to attend the annual meating of the Iowa Association of Professional Firefighters Convention.
The Union shell provide a quelified replacement, agreed to by the Chief, to work for the State
Officer. The City shall not be held liable for payment of wages or time off due to the
replacement.
Section 5. Neaotiations. In the event that the partias to this contract determine that
future negotiations are appropriate, not more than one (1) member of the bargaining unit may
attend the negotiations while on duty without loss of compensation. The member will ramain
available for emergency calls during the negotiation period.
13
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ARTICLE XII
UNIFORMS AND EOUIPMENT
Section 1, Uniforms. The City will provida any uniforms end equipment which are
required for employees. The following uniforms will be provided:
Uniform cap (baseball style)
Necktia
5 short-sleeve shirts
5 uniform pants
(Uniform pants & shirts to be of an
NFPA approved station wear type)
Winter uniform coat
2 uniform tea shirts (annually)
Dapartment patches/badges
Firefighting gloves
Turn out coat
Firefighting helmet
SCBA fecepiace
Spring/fall jecket
Bait
5 long-sleeve shirts
1 peir uniform shoes
1 uniform sweatshirt (annually)
Firefighting boots
Turn out pants
Firefighting hood
Personal Alert Safety Davica
Initial tailoring will be provided. Employees may purchase their own work shirts as long
as shirts meet general spacification as to color and style,
Replacament of the above equipment will be by the City upon the Chief's determination
of need,
The City will compensate unit employaes for the replecement cost of eya glasses
which ere broken or damaged in fire fighting duties including training and inspections. The
Chief will determine the legitimecy of all cleims under this section.
The City will pay each bargaining unit employee $50.00 annually toward cost of
cleaning uniforms which require dry cleening. Such peyment shall be mada as of December
1 of the Contract yaar.
ARTICLE XIII
INSURANCE
Section 1. Medical Health Insurance. The City will provide the health insurance policy
known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and
eligible dependents, Employees who elect to obtain family coverege will pay twenty dollars
($20.00) per month (pro-rated for part-time employees) toward the cost of such coverage.
A pro rata shere of the cost of the premium will be paid for part-time employees.
A description of the provisions of the negotiated "Iowa 500" plan are set forth in
Appendix "B". Benefit covareges are based on usual, customary and reasonabla rates.
Disputes regarding specific claims shall be addressed to the insurance compeny and are not
subject to the grievance procedure of this agreement.
The parties agree to actively pursue incentives and/or alternetives to the existing heelth
cara plan and pledge their mutual cooperation to achieve this end. However, no such
programs will be implemented except upon mutuel agreement by the City end the Union.
The City may meet with representatives of the Union for the purpose of negotiating
an elternativa to the "Iowa 500: Up to three (31 Union representatives may ettand such
14
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meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration
pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of
such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the
arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa
500" plan shall remain in effect.
Section 2. Life Insurance, The City will provide a term life insurance policy for
employees the face value of which is an amount equal to the next even thousand dollars
greater than annual salary.
e.g" If an employee's annual selary is $12,240, the face value of the life insurance
policy is $13,000.
In the policy currently provided coverage does not become effective until ninety (901
days after employment,
Section 3, Dental Insurance. The City will provide dental insurance for employees.
Family dental insurance will be mede available to the employee at the employee's expense.
The City will pay $7.00 per month or full individual premium cost for employees during the
term of this agreement. The City shall not be prejudiced in future collective bargaining by
paying full individual dental insurance premium costs that are in excess of $7,00.
A description of the provisions of the negotiated Delta Dental plan is set forth in
Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates.
Disputes regarding specific claims shall be addressed to the insurance company and not
subject to the grievance procedure of this agreement.
ARTICLE XIV
DUTY OUTSIDE THE CITY
In the evant the City directs an employee to perform duties outside the corporate limits
of the City of Iowa City, Iowa, the employee shall receive every benafit, right, and privilege
to which he/she would have been entitled had said duties been performed within the corporate
limits of Iowa City.
ARTICLE XV
TRAINING PROGRAMS
The City end the Union agree that training and development of employees within the
bargaining unit is of primary importance to inaintaining high standards of fire protection for
the citizens of Iowa City. The City agrees to assist employeas in acquiring the knowledga,
skills and attitudes needed to perform the work most effectively to the extent thet there is an
increasa in efficiency and economy within the Fire Department. A continuous training
program will be maintained based on need es determined by the Chief, Self development will
be encouraged whera possibla and will include training in management and supervisory skills
as well as technicel areas.
15
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The City and the Union agree to support and administer the Apprentice Program
(Department of Labor) currently in operation.
When they are required by the City to attend training activities away from the station,
employees will be reimbursed for expenses in keeping with City procedures for reimbursing
, such expenses, Compensation for raquired training will be by prior authorization on the basis
of straight time for actual hours spent in training.
Subject to the discretion of the Fire Chief, the City racognizas the need for training in
particular areas such as EMT and will provide such treining when deemed appropriate.
ARTICLE XVI
BULLETIN BOARDS
Section 1. The City shell essign spece on bulletin boards for the Union to post notices.
The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards,
blackboards, and other similar surfaces in the Fire Department.
ARTICLE XVII
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a copy of payroll transactions, performance
evaluations, end other documents which will ba usad for purposes of promotion, evaluation
or discipline within thirty (30) days after documents are placed in their files.
Section 2. Under the supervision of an employee of the Human Relations Office and
during normal business hours, employees shall have eccess to their personnel files including
the right to copy the contents of the file at their own expense,
\
Section 3. The City shall ramove documents relating to minor disciplinary offenses
from the employee's file once per year on or ebout July 1. Past i1ifractions will only be
removed if an employee goes twelve consecutive months without any disciplinary action
whatsoever noted in his/her record.
Section 4. Upon request, eech employee shall receive a copy of his/her job description
upon permanent appointment to the position in question.
ARTICLE XVIII
DISCIPLINE
Section 1. Puroose. All parties of this Contract recognize that a certain amount of
discipline is necessary for efficient operation of the City and the City has rights and
responsibilities under law in providing services in an efficient manner, These certain penaltias
for infractions are agreed upon by the parties as e mode of operating end are not intended to
limit the manegement rights of the City as explained in Chapter 20 of the current Code of
Iowa. Disciplinary actions against employees will be taken for just causa. Employees shall
16
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alectto pursue appeals of disciplinary proceedings either through the Civil Service Commission
or through the grievance procedure in this Agreement. The City agrees to imposa disciplina
no later than thirty (30) days from the date it has clear notice of the facts constituting an
infraction.
Section 2. The goals of progressive discipline are to correct behavior and produce
efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or
meesures shall ordinarily be invoked in the order listed:
1. Oral reprimand or warning (to be accompanied by written notification of same
at the time of such disciplinary action or within one working shift alter such
action),
2. Written reprimand or warning.
3. Suspension with loss of pay.
4. Discharge.
Section 3, Serious violations may be dealt with by any of the above disciplinary
measures on tha first or subsequent offenses.
ARTICLE XIX
TRANSFER PROCEDURES
\
Section 1. Voluntarv Transfers. An employee desiring to transfer to another battalion
may make written application to the Fire Chief. The Chief will review the request and will
consider the ability and experience of the member, the nature and type of work to be
performed within the battalion, and the rank and seniority of the members and the need for
personnel having certain qualifications within the battalion, Speciel consideration by the Chief
will be given for emergency circumstances. Generally, voluntary transfers will take place
under one of two conditions:
a. Two (2) employees desire to trade battalions, 00,
b. A vacancy exists on another battalion,
Employees may not meke more than one voluntary transfer per yoar. Nothing in this
Article limits the Chief from making involuntary transfers.
ARTICLE XX
SUPPLEMENTAL EMPLOYMENT
Section 1, Employees may hava outside employment provided that such employment
does not conflict with the duty hours of the employee or with the satisfactory or impartial
performance of their duties and provided that such employment does not advarsely affect the
City,
17
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Section 2. The employee agrees to notify the Fire Chief of his/her outside employ-
ment. The employee will notify the Fire Chief when outside employment or employer
chenges. The Fire Chief retains the right to disapprove such outside employment undar tha
provisions of Section 1 of this Article.
ARTICLE XXI
SAFETY
Section 1, The City and the Union recognize the importance of the personal safety of
individuel employees on the job and recognize that fire fighting is a hazardous activity which
subjects an individual to more risks than other employment or activities.
Section 2, Periodic training in safety matters will be provided to employees who
engage in hazardous work. Employaes will hava access to protective gear as required by law.
Employees will use property and equipment of the City with dua care appropriate to the work
performed and equipment used,
Section 3. Employees who operate equipment shall report any defect noticed by
him/her in seid equipment to the immediate supervisor as soon as possible.
Section 4, Safetv Committee, A safety committee composed of representatives of
the City and the Union will act as advisors and make recommendations to the Fire Chief in the
area of safety. Their duties shall include but not be limited to:
a. Conducting safety lectures as needed,
b. Investigation of accidents and injuries and making racommendations to the Fire
Chief on steps to take to prevent a recurrence.
c. Monitoring of the testing of apparatus and equipment (testing procedures
outlined in applicable NFPA Standards),
d, Conduct safety checks in all stations and forward results to Fire Chief,
e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related
topics.
Section 5. Drua Testina, The City and the Union recognize the rights and responsibili-
ties of employees established by Iowa Code 730,5 (Drug testing of employees or applicants
regulated).
ARTICLE XXII
GRIEVANCE PROCEDURE
Section 1. Definitions. The word "grievance" wherever used in this Contract shall
mean any dispute between the City and any amployee with regerd to the meaning, application
or violetion of the terms and provisions of this Contract.
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Section 2. Reoresentation. An employee will not be required to be represented by a
Union representative, but has the right tQ be so represented if he/she chooses. In the event
that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without
the approval of the Union end, in the cese of an employee grievance, the Union may invoke
arbitration only with approvel of the employee grievant.
Section 3. ReDresentatives. The Union will certify to the City the names of three (3)
representatives and three (3) alternate representatives for the purpose of rapresenting fire
department members in the investigation and presentation of grievances. Not more than one
representetive will represent a grievant for anyone grievence, The representative may use
a reasonable amount of duty time to investigate grievances providing that the Battalion Chief
gives permission for time to be used and provided that the grievance resolution does not
interrupt regular fire depertment work.
Section 4. An employee shall use this procedura for the resolution and determination
of disputes which arise under the terms of this contract. The Grievant does not lose legal
rights by initiating a grievance under this procedure. However, if the Grievant elects to
proceed bayond Step 3 of the Grievance Procedure the Grievant by so doing waives the right
to exercise any other optionls) availabla to obtain satisfaction and the Grievent is bound by
the decision of the Arbitrator.
Saction 5, Procedure. A griavance that may arise shall be processed and settled in
the following manner:
~. The grievence shall be presented orally for discussion between the employea
grievant, the rapresentative, if applicable, and the battalion chief within nine (9)
calendar days of the event giving rise to the grievance. The battalion chief will either
adjust the grievance or verbally deliver an answer to the employee grievant or
representative within nine (9) calendar days, In the event that no response is received
from the supervisor, the grievant shall proceed to Step 2.
~. If the grievance is not resolved by Step 1, the grievant or representative may,
within seven (7) calendar days following completion of Step 1, present three (3)
written copies of the grievance signed by the employea grievant. The copies are to be
distributed as follows: One copy to chief negotiator for City (or designated representa-
tive), one copy to Fire Chief (or designated representative). and one copy to the Union.
The written grievance shall contain a statement from the employee of the facts and
saction of this Contract grieved and must specify the relief or remedy desired.
The Fire Chief shall investigate and document the grievance and issue a decision in
writing to the grievant and/or representative within ten ( 10) celendar days. If no
response is received, the grievant shall proceed to Step 3.
~. If the grievance is not resolved at Step 2, the grievant or representative may
submit tha grievance to the City Manager or his/her dasignee within seven (7) calendar
days of tha completion of Step 2. The City Manager will investigate end respond to
the grievent within fourteen (14) calendar days following receipt of the grievance at
19
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Step 3. The City Manager will meet with the grievant and his/her representative if
such meeting is requested in writing.
Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure
mey ba submitted to a third party for arbitration, A request for arbitration must be submitted
by written notice to the City within seven (7) calendar days following receipt of the City
Manager's responsa at Step 3. Copies of any such request by an employee will ba furnishad
to the City and to the Union.
The arbitration proceeding shall be conducted by an arbitrator to be selected by the
City and the Union within five (5) days after notice has baen given, If the parties fail to select
an arbitrator, a request by either or both parties shall be made to the Federal Mediation and
Conciliation Service to provide a panel of five (51 prospective arbitrators. Both the City and
the Union shall have the right to strike two names from tha panel. A coin toss will determine
who strikes the first name, The process will be repeeted end the remaining person shall be
the arbitrator.
The erbitrator shell have the power to interpret, apply. and enforce this written
Contract but shall have no power to add to, subtract from, or modify the terms thereof. The
rules of evidenca and the nature of the heering will be conducted in a manner consistent with
all state and federal legislation, applicable rules and regulations.
The decision of the arbitrator shall be issued within thirty (30) days after conclusion
of the hearing and shall be final and binding upon the partias.
The parties of the grievance, their witnesses and representatives shall have the right
to be present at the grievance arbitration in addition to the arbitrator. Other persons may be
present et arbitration heerings as the parties mey mutually agree. Either party shall have the
right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be
closed to the public end evidence taken shall not be revealed to any third party until such time
as the decision of the arbitrator is made unless parties agree otherwise.
The cost of arbitretion and recording the same shall be divided equally between the
perties to this Contract. The cost of a certified court reporter, if requested by the arbitrator,
shall be divided equelly between the parties. Each party will pay for the cost of its own cese
preparation and for expenses of its witnesses.
Section 7. Grievance Committee. The Grievance Committee shall consist of three (3)
persons designated by the Union as representatives and of not more than three (3) City
representativas except by mutual agreement. The names and addresses of the parties
selected shall be certifiad by the Union to the City. Representativas or agants of the parties
may be present at grievance committea meetings.
The function of the Grievance Committee will be to meet and confer as needed during
the life of the contract for the purpose of discussing problems between the parties arising out
of the administration of this contract,
20
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ARTICLE XXIII
GENERAL CONDITIONS
Section 1. This Contract shall be construed under the laws of Iowa.
Section 2. The city end the Union agree they will not act to discriminate because of
race, creed, color, sex, age, or nationality unless the reeson for the discrimination is job-
related or otherwise ellowed by law. Tha parties agrae that complaints alleging violation of
this section shall not be subject to the grievance/arbitretion provisions of this contract but
rather, shall be brought before the appropriate state or federal forum.
Section 3. Parkina. No fewer than ten (10) parking places in the Civic Center lot will
be held in the names of fire bargaining unit members provided that fees are paid according to
City procedures for the ten places, Bargaining unit mambers shall pay parking fees for permits
in the amount equal to thet charged other City employees who park in the Civic Center
parking lot. The City will assuma no increasa in responsibility in administering use of parking
permits as a result of this Contract and any disputes over use of the ten permits must be
handlad by the Union representative. Other fire department members may hold parking
permits in accordence with City procedures.
Section 4, Grocerv Buver. The grocery buyer for each shift may use a City vehicle if
available at times and in areas designated by the Fire Chief,
Section 5. Forty-five (45) copies of the new contract will be provided to unit
employees as soon as is precticable. If the Union wants additional copies, the City will
provide et cost.
Section 6, The City agrees to meet and confer on mandatory items (Chapter 20,
Section 9) during the course of this agreement and to notify the Association of significant
changas in working conditions as far in advance as is reasonably possible.
Section 7. Employaes covered by this agreament shall be allowed to participate in the
Section 125 Pre-Tex Advantage Program as established by the City. At a minimum, said
progrem will allow for pre.tax payment of health insurance co-peyments to the extent allowed
by Federel end State law.
ARTICLE XXIV
WAIVER
All negotiations or bergaining with respect to the terms and conditions of this Contract
shall be conductad by authorized representatives of the Union, Local 610, and the City.
Agreements raached as a result of such negotiations shall become effactiva only when signed
by the authorized representatives of the parties.
Tha expressed written 'provisions of this Contract will not be modified except by
authorized representatives of the parties.
21
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The Contract supercedes and cancals all previous agreements between the City and
the Union and constitutes the entire Contract between the parties and concludes collective
bergaining for its duration. All parties to this Contract waive each and every right to nagotiate
to which they would otherwise ba anti tied under the laws of the State of Iowa for the
duration except as amended,
ARTICLE XXV
SAVINGS CLAUSE
Should any Article. Section, or any portion thereof of this Contract be held unlawful
and unenforceable by operation of law or by any tribunal of competent jurisdiction, such
decision shell apply only to the specific Article, Section or portion thereof declared null and
void in the decision and the remainder of this Contract shall remain in full force and effect.
Neither party shell be required as a result of their Contract with each other to conduct
themselves in a manner which would cause them to neglect their duties under law or to
engage in ectivities in violetion of the law.
If raplecement provisions are deamed necessary by the Union or the City they shall give
notice to the other party of their intent to reopen applicabla portions of the Agreement.
Negotiations will begin within ten (10) days unless extended by mutual written agreement.
ARTICLE XXVI
DURATION
This Contract shall be in effact between July 1, 1993, and June 30, 1994, and shell
continue from yeer to yaar thereafter unless written notice to change or modify it is served
by either party prior to August 15 of the year preceding the expiretion date of this Contract
or any extension thereof,
ARTICLE XXVII
WAGES
Section 1. The effective data of compensation and benefit adjustments applicable to
any fiscal year will be the first day of the pay period which begins between the dates of June
24 and July 7, Inclusive.
Section 2. The base pey of each step for the lowe City Fire Department Firefighters,
Lieutenants, and Captains will be increased by four (4) percent at the beginning of Fiscal Year
1994, said adjustment to become effective on tha appropriate date as defined in Section 1
above. A copy of the pay plan for FY94 is ettached to this agreement as Exhibit A.
22
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Bargaining unit members will be eligible for salary adjustments to the next step as
follows:
Step B . after six (6) months at Step A.
Step C - after six (6) months at Step B.
Step D . after one (1) year at Step C.
Step E . after one (1) year at Step D.
Step F . after one (1) year at Step E.
Step increases shall be granted only after the employee has achieved a satisfactory
rating as determined in the discretion of the Fire Chiaf.
Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall
receive the greater of a one step increasa or increase to the salary range minimum upon
promotion and shall be eligible to receive a one step increase, not to exceed the salary range
maximum, one year following the promotion.
ARTICLE XXVIII
OTHER COMPENSATION
Section 1. There will be a cost of living allowance if and when and to the extent tha
cost of Iivinil exceeds nine percent (9%) during the contract year subject to a maximum pay
out of two percent (2%) of an employee's base salary for the quarter in question. The
method and basis for computing the allowenca will be as follows:
a. All computations will be based on changes in the revised Consumer Price Index
(CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor,
Urban end Clerical Wage Earners, U.S. cities, 1967 = 1 00.
\
b.
The base index month shall be May, 1993 for FY94.
c. Cost of living computations will be made quarterly to determine the percant
difference between the CPI.W for the base index month and for August,
November, February, and May of each applicable fiscal year.
d, Quarterly cost of living allowance pay adjustments will be mede effective the
first day of the month following the month in which it is determined that the
cost of living has increased in excess of nine percent (9%). Howevar, these
querterly cost of living payments are limited to a maximum of two percent (2%)
of an employee's base salary for the quarter in question, Furthermora, any
payments mede under this Article for the final quarter described in Section (c)
shall not be included in the base selary of any employee but shall be paid on a
one-time, non-recurring basis, Payments mede for the remaining three (3)
quarters, if any, shall be included in the employee's bese salary.
e. No cost of living adjustment will have the effect of reducing the salary
schedules set forth in Article XXVIII, Compensation of this Agreement.
23
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Section 2. Lonoevitv Pav. A payment will be made to permanent full-time employees
as of Oecembar 1 of each fiscal year to reflect years of service with the City according to the
following schedule:
Lenoth of Service on December 1
5 years 1 day. 10 years
10 years 1 day. 15 years
15 years 1 day. 20 years
20 yeers 1 day +
$275,00
450.00
600.00
750.00
This payment will be prorated on the basis of monthly segments for members who
retire before Dacember 1 in any fiscal year. Any employae who terminates after December
1 will reimburse the City on the same proration.
Section 3, A payment of $525 will be made to each permanent full-time bargaining
unit employee as of December 1 of each fiscal year. In the event that an employee terminates
for any reeson after December 1, he/she will reimburse the City from this payment on a
prorated basis (monthly segments). For example. an employee who retires on January 1, will
return $200,00 of the December 1 payment.
Section 4. Eech permanent, full-time bargaining unit employee who is a duly cortified
Emergency Medical Tachnician-Defibrillator as of the first day of the contract benefit period
as defined in Article XXVII, Section 1 above, shall receive a payment of two hundred and fifty
dollars ($250.001 on tha second pay day of the fiscal year.
ARTICLE XXIX
USE OF TIME OFF
Current policies governing the use of holiday, compensatory and vacation time will
apply uniformly on a departmental basis.
Once holiday, compensatory and vacation tima is approved and scheduled, its use shall
not be denied except:
1, In emergency situations.
2. Where minimum staffing cannot be achieved due to unavailability of replace-
ment personnel.
Where #2 above applies, it is understood that the employer will place up to four
telephone calls to attempt to secure a replacement for an employea whose scheduled time is
subject to cancellation. If no replecement is secured, the scheduled time off is cancalled
unless the affected employee secures a replacement.
Efforts by the employer to contact replacement personnel (other than the number of
telephone call attempts) shall not be grievable under the provisions of this agreement.
24
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The benefits to the bergaining unit of this article were egreed to by the employer in
exchange for the Union's acceptance of a salary and benefit package less than tha employer
would have otherwise agreed to.
CITY OF IOWA CITY, IOWA
IOWA CITY ASSOCIATION OF
PROFESSIONAL FIRE FIGHTERS,
IAFF, AFL-CIO, LOCAL #610
By:
MAYOR
By:
By:
ASSISTANT CITY MANAGER
By:
ATTEST:
Date:
Date:
~ Ap~By
4~.-,
City Attorney's offlce4
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APPENDIX B
IOWA 500
IOWA 500 HEALTH CARE COVERAGE
IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield
physician and Major Medical coverages into a single program using
deductibles and copayments. And after the deductible and copayment
have been satisfied, the dollar coverage and number of hospital days
are unlimited except for Nervous and Mental admissions.
In short, the Subscriber shares in the costs of the medically necessary
hospital, medical and surgical services provided. However, the
Subscriber's share never exceeds $500 per contract per year for covered
services, regardless of the number of family members.
IOWA 500 plan benefits encourage medical self-maintenance practices
by paying for 90% of the covered Usual, Customary and Reasonable charges
for:
* One routine annual physical examination in a
doctor's office or clinic
* Home and office calls needed to diagnose or
treat a medical condition
* Inmunizations required by a Subscriber or any
person in a Subscriber's family
The idea behind IOWA 500 coverage? To encourage continuing medical
self-maintenance and help reduce the length and number of unnecessary
hospital stays. These efforts, of course; can help keep health care
costs--and rates--in line.
\
THE IOWA 500 Plan Covers These Extensive Services:
HOSPITAL CARE 90/10
Inpatient
. Semi-private room and board
. Necessary services and supplies
. Operating rooms, intensive care,
coronary and burn care units
. Delivery room for normal delivery,
Caesarean section, miscarriage or
admission for false labor
. Necessary laboratory and x-ray
services
PHYSICIAN SERVICES 90/10
Home and office vists
One routine annual physical
exam
Pre-natal and post-natal care
in physician's office
Inmuni zati ons
Hospital visits and nursing
facility visits
,
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Outpatient
. Surgery
. Diagnositc x-ray and laboratory
services
. Acci dent ca re
NERVOUS AND MENTAL 90/10
Outpatient - 90/10 to $10,000
Lifetime Maximum.
SKILLED NURSING FACILITY 90/10
. Unlimited Room and aoard
Services and supplies
HOME HEALTH CARE 90/10
. Services provided by a
Registered Nurse
. Services prescribed by a physician
/115
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THE IOWA 500 PLAN COVERS THESE OTHER SERVICES:
These-'other. services are subject to a $100 contract deductible per calendar year
. ,
. Prescriptions Nursing Services
. Anesthetics . Private-duty nursing services
. Blood plasma
. Casts
. Crutches
. Durable medical equipment
. Other supplies when ordered
by a physician
Ambulance
, Air
. Ground
DEDUCTIBLES AND COPAYMENT
. Hospital - The Subscriber is responsible for the first two days of semi-
private room and board. .:,":'-,,', ":: -<i<'-:';~-' '
Per Hospital Admission.
. Physician - The subscriber pays 10S of the physician's Usual, Customary
and Reasonable Charges including office calls. IOWA 500 coverage pays
the remaining gas.
. Other Supplies/Services - The subscriber pays the first $100 per contract
per calendar year, for medical supplies and services. These may include
p'rescrfption drugs. services of a Registered Nurse. ambulance services,
home health care and braces.
When the subscriber's expenditures for hospital, physiCian, and/or
other services reach $500 per year, IOWA 500 pays laOS of all remaining
charges. If the subscriber's' expenditures for hospital, physician,
and/or other services do not reach $500. the subscriber pays 10S of all
remaining charges up to a total maximum expenditure of $500. (Outpatient
treatment for nervous and mental conditions is paid 90/10 co-payment
until the $10,000 Lifetime Maximum is met. Co-payment for outpatient
Nervous and Mental does not apply to the out-of-pocket maximum.
CARRYOVER OF DEDUCTIBLE
Expenses for covered services incurred during the months of October, November
and December and which are used to satisfy that year's deductible can be used
toward satisfying tHe next calendar year's deductible.
'"-
Hospi1aI PI1ysIdan Olher
SeMce &rke Covenld
Services i
1 01 2 day 9O'tw'10% $100 deductible I
dcOJdibIo
9O'tw'10%
lI1llI$500per
lXlf\tnlcl1llllCiTun
1//5
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Summ.ry of Benefits
DELTA DENTAL COVERAGE
Delli Dental Plln allowl covarage not only provldel I varlaty 01
benafill but 1'10 Incourlg8ltlmaly Ind el!ectiva dental malntanance.
Mora than 80'10 oltha dantlltlln Iowa partlclpata In tha Delta Dental
program. Delta Dental paymantls baaed on Ulual, Customery and
Reasonable allowances, lubject to deductible and copayment provl.
lions oltha program.
Your Delte Dentel program Includes a 'medical necasslty" provision
which anluras coverage lor denllll8rvices provldad within generally
accepted dental practices.
Uke Blue Cross and Blua Shiald 01 Iowa, the De~a Dental Plan
receives claims directly from participating dentists, And we pey them
directly lor you. That eliminates claims.handllng chores lor you and
your amployees - and lives valuable time and money.
To provide a program to meet your company's needs, Delta Dental
Plan benefits are available with deductibles, copaymenlS and maxi.
mum payment allowances lor covered services.
\
These benefits are combined to meet your needs:
PnventIve Malntll\lnce benefit Includes:
. Routine checkups et slx.month intervals Including bitewing x.rays at
12.month Intervals.
. Teeth cleaning once every six months.
. Topicallluoride applications as prescribed but no more than once
fNery six months.
. Full.mouth x.ravs once in any three.year interval unless special
need is demonstrated.
Routine Restorative benefit provides ongoing care including:
. Regular cavity fillings.
. Oral surgery (including pre- and post-operative carel.
. Emergency treatment lor rellel of pain.
Major Restorative benefit covers:
. High-cost fillings.
. Cast restorations.
. Root canal fillings.
. Non.surgicaltreatment for gum diseases.
114111'" Will
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Deltl Dentll Plan
ofli 115
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Delta Dental Plan of Iowa
RATE QUOTATION
PLAN II
Program Benefits Dtductlbl. CoPlymlnt
SlnllleIFlmlly'
IAnnuIl1
g Preventive Maintenance $ . . 'Yo
D Routine Restoretive $ 25175 50 %
g Major Restorative $ M 50 '10
o Dentel Prosthetics $ 'Yo
o Periodontics $ %
o Orthodontics $ %
o Dependents to age _
o Full.time students
o Adults
Program Maximums
Single $ 500 per year
Family $ 500 per member, per year
Lifetime benefit maximum on Orthodontics $
\ Program Rates.
Single $ per month
Family $_ _ per month
These rates guaranteed for ~ months beginning on 7-1-85
(dllll
if purchased by 7-1-85
(dalll
,
'RItes quoted hare ere besed upon Cllnsus information provldad end acquiring and maintaining
I mlnll\: um rnrollma!l\ orl9O\. or 10101 eli,glbla emplovees 'or tha duration of Iha conlract,
.. ~~k.', \ " t." I I~'~~ .i~
Allthoriled Rlpr n live Oata
This Is I ganeral des ipllon of coverago, II Is nol I Italamant 0' contract, Actual
coveraga II lubieCI to the larms and conditionslpacified in the contract itself
Ind enrollmenl reguletions In 'orce whan Ihe conlract becomes ,"active,
M~1lI HO 2M
Della Denial Plan
of lei /15
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SIDE LETTER OF ~GREEMENT
BET1IEEN
CITY OF rOWA CITY
AND
IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS
[~FF, ~FL-CIO, LOCAL ,10
MARCH 27, 1984
The parties agree that it is their intent that the following additions to the
nealth insurance coverage provisions take effect, from April 1, 1984, until
modified by mutual agreement of the parties:
a. Mandatory Outpatient Surqery
Procedures designated by the Iowa Foundation and suitable to be performed on
an outpatient basis must be performed on an outpatient basis to be fully
covered by the health insurance. Extenuating circumstances which would make
in'patient surgery medically necessary w111 be reviewed by Blue Cross/Blue
Shield if requested by the physician. Designated surgeries which are not
performed on an outpatient basis, and without prior approval by Slue
Cross/Slue Shield, wi1l be paid only at a rate of 50: of charges.
b. Maternity Lenqth of Stay Incentive
Following admission into the hospital for childbirth, if length of stay for
the mother for chi1dbirth is two days or less, as certified by the hospital
b111, presented to the Human Relations Department, the employee w111 receive
a check for 1100 (minus necessary withholding).
c. Overcharqe Incentive
Employees will receive 25: of the correction of an overcharge or overpayment
when the overcharge/overpayment is initiated and successfully resolved by the
employee. (Withholding must be made on all payments to employees.) Maximwn
payment to employees is $500 (pre'withholding). Documentation of the em-
ployee-initiated corrections should be submitted to the Human Relations
Department when the correction' is accClTlJllished. Gross overcharges resulting
from computer error or similar problems w111 not be el igible for payment
(e.g. received 1100 worth of services, billed for 1100,000).
d. Outpatient Treatment of Substance Abuse
This option would make avai1able, but not mandatory, payment for outpatient
treatment of substance abuse. Employees wishing to utilize insurance
coverage for purposes of substance abuse treatment must submit to evaluation
by a substance abuse treatment agency selected by the City, prior to treat.
ment.
d~IOF CI '.
Sy: _ ~ ~
".
Date: JII~ 1~1 ;';'$1
,
IOWA CITY ASSOCIATION OF
PROFESSIONAL FIREFIGHTERS,
IAFF, AFL-CIO, LOCAL 1610
BY:~~~~~
Date: y. I. - i~
I
I
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1115
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SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF IOWA CITY
AND
IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS
IAFF, AFL-CIO, LOCAL 610
For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will
be defined as Lieutenant under Article I of the Collective Bargaining Agreement.
A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a
40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the
higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The
ratio of shift (56 hours),to regular week (40 hours), Is 1,4. Therefore, this ratio will be used when
reporting accrual usage; I.e" for every 1 hour of time taken, 1.4 hours will be refiected on the
accrual usage. '
Work Week:
Annual Hours Worked:
Holiday Time:
56 hours/40 hours = 1.4
2912 hours/20aO hours = 1.4
123 hours/aa hours = 1.4
If an employee assigned to a 40 hour schedule terminates employment while on this schedule,
hlslher benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week
rate.
The annual salary for a Lieutenant In the Training/Public Education assignment will be the
equivalent of pay grade 37, with the hourty rate adjusted to refiect a 40 hour work week.
Pav Plan
SteD 1
16.59
1,327,20
34,507.20
SteD 2
17.26
l,3aO.aO
35,900.aO
SteD 3
la,06
l,444.aO
37,564.aO
FY94
\
A Lieutenant with this assignment would be placed at the same step he/she held In grade 36.
He/she would be eligible for Increases In accordance with ARTICLE XXVII WAGES Secllon 2.
When time Is worked beyond a hours per day every effort will be made to adjust the remainder
of the work week to limit total work hours to 40 per work week. If this Is not possible, camp time
will be accrued or overtime will be paid In accordance with applicable laws.
The parties agree that this side letter take effect from July 1, 1993, to June 30, 1994.
CITY OF IOWA CITY
IOWA CITY ASSOCIATION OF
PROFESSIONAL FIREFIGHTERS
IAFF, AFL.CIO, LOCAL #610
By:
Assistant City Manager
By:
President
Date:
Date:
firosldo,hr
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,
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///5