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HomeMy WebLinkAbout1989-06-13 ResolutionRESOLUTION No. 89-126 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 license/permit, to wit: The Mill, 120 E. Burlington It was moved byAmbrisco and seconded by Horowitz that the Resolution as rea e a opte , and upon roll call —tFere were: Passed and approved this 13th day of June , 1989 AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X Horowitz g Kubby K Larson g McDonald X Passed and approved this 13th day of June , 1989 U I' _II RESOLUTION NO. 89-127 RESOLUTION ADOPTING SUPPLEMENT NUMBER 40 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 40th supple- ment to the Code of Ordinances of the City of Iowa City, owa and, WHEREAS, it is deemed appropriate to adopt supplement number 40 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 40 to the Code of Ordinances of the City of Iowa City, Iowa, attac ieto this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June , 19 89 . yor ATTEST: 9 i Cleric TOFORM LEGAL DEPARTMENT 99z l� ' ��'• SUPPLEMENT N0.40 May, 1989 i CODE OF ORDINANCES City of IOWA CITY, IOWA Icoseleaf Supplement This Supplement contains all ordinances from the calendar quarter, January through March, 1989, -which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 891403, adopted February 28,1989. See Code Comparative Table, page 2970.1. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages 2529-2530.2 2529-2530.2 2970.1 2970.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904)676.3171 1.800.262-CODE(National) 1-800.342-CODE(Florida) Note -An updated checklist of pages in Code is included, fol- lowing Table of Contents. 99z it �I. Checklist of UP -to -Date Pages Gila checklist Will be updated with the Printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has beceme, evident that through usage and supplementation many pages can be inserted and re- moved in error. fThe following listing is included in this Code as a ready guide or the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, ihis'list may, be used in compiling an up-to-date copy from the original 'Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv OC 9,10 24 V, vi OC 11,12 24 vii 3 13,14 24 ix, x 35 16,16 24 'Xi, xii OC 17,18 24 xiii, xiv OC 19,20 33 xv, xvi 39 71 27 xvii, xviii 33 121,122 31 xix, xx 34 122.1 31 YA xxii 37 123, 124 0C xxiii 34 125,126 31 1,2 24 127,128 35 3,4 27 177,178 34 5,6 24 179,180 27 Supp. No. 40 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 557,558 17 680.3, 680.4 20 .. 559,560 - 17 680.5, 680.6 20 561,562 17 680.7 20 563,564 26 681,682 11 565,566 35 683 20 567,568 35 739,740 33 569,570 35 741,742 33 571,572 35 743,744 33 573,574 35 745,746 33 575,576 35 747,748 33 577,578 35 749,750 33 578.1 35 751,752 - 33 - I 579,580 33 753,754. 33 581,582 33 755 33 �.. 583,584 33 811,812 OC' . 585,586 33 813,814 33- 587,588 33 815,816 33 589,590 33 817,818 33 591,592 33 867,868 OC 593,594 ....... 33 915,916 31 595 33 917,918 31 617, 618 OC 919,920 31 639,640 36 921,922 "'31 641,642 37 923,924 31 642.1 37 925,926 31 643,644 35 927,928 31 645,646 35 929,930 31 646,1 35 931,932 14 647,648 29 933,934 19 649,650 29 935,936 19 651,652 29 937,938 19 653,654 29 938.1,938.2 19 655,656 29 939,940 1 671,672 17 941,942 1 673 17 943,944 1 •� - 676,676 11 945,946 -1 677,678 20 947,948 1 679,680 20 949,950 1 680,1,680.2 20 950,1,959.2 1 Supp, No. 40 ��; [3] PRECEDI UMENT i SUPPLEMENT N0.40 May, 1989 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, January through March,1989, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 89.3403, adopted February 28,1989. See Code Comparative Table, page 2970.1. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages 2529-2530.2 2529-2530.2 2970.1 2970.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S,W. Tallahassee, FL 32316 (904) 576.3171 1.800.262-CODE(National) 1.800.342-CODE(Florida) Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents, 47 I �i I� i i I Checklist of Up -to -Date Pages (rhIs checklist will be updated with the Printing of each Supplement) From our experience in publishing Looseleaf Supplements On a Page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re. moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. ,In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number I printed on thebottomof the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv 0C 9,10 24 ,V, vi OC 11,12 24 vii 3 13,14 24 ix, X 35 15,16 24 xi, xii OC 17,18 24 xiii, AV OC 19,20 33 xv, xvi 139 71 2 1 7 xvii, xviii 33 121,122 31 xix, xx 34 122.1 di I xxi, xxii 37 123, 124 0C xxiii 34 125,126 31 1,2 24 127,128 35 3,4 27 177,178 34 5,6 24 179,180 27 Supp, No. 40 I Page No. 181,182 183,184 185,186 186.1 187,188 188.1 189, 190 191, 192 193,194 195, 196 197, 198 199, 200. .201, 202 , 251,252 303,304 304.1 305,306 ;:: 307,308 ; 309,310 311,312 .313, 314 315,316' 317,318 319,320• 321,322 323,324 325;326 327,328 329,330 331,332 333,334 335,336 337,338 '339,340 341, 342 343,344 361,362 363,364 365,366 Supp. No.40 IOWA CITY CODE Supp. No. Page No. Supp. No. 18 367,368 37 25 369,370 39 25 370.1 39 25 371,372 18 32 372.1,372.2 18 10 372.3 18 OC 373,374 5 OC, 375,376 ,34 16 376.1 34 OC '377,378 39 . OC 378.1 .39. 6 379, 380 OC 34 , 3B1, 382 39 28 -383,384 39 26, 385,386 39 26 387,388 39 13 389,390 39 14 431 28 14 , 483,484 8 14 485,486 8 14 487,488 8 14 '489,490 ' 8 14 ' 491,492 35 14 493,494 . -35 14 495,496 35 14 497,498 35 23 531,532 33 23 533,534 33 23 535,536 33 23 537,638 33 23 539,540 33 23 541,542 33 25 543,544 33 25 545,546 33 25 647,548 " 33 26 649,550 '33 39 561,552 33 39 653,554 33 39 555 33 f2] n 99.2- CHECKLIST OF UP-TO-DATE PAGES - Page No. Supp. No. Page No. Supp. No. 557,558 17 680.3, 680.4 20 559,660 17 680.5, 680.6 20 561,562 17 680.7 20 563,564 26 681,682 11 565,566 35 683 20 567,568 35 739,740 33 569,570 35 741,742 33 571,572 35 743,744 33 573,574 35 745,746 33 575,576 35 747,748 33 577,578 35 749,750 33 578.1 35 751,752 33 579,580 33 763,754 33 581,582 33 766 33 583,584 33 811,812 OC 585,586 33 813,814 33 587,588 33 815,816 33 589,590 33 817,818 33 591,592 33 867,868 OC 593,594 33 915,916 31 595 33 917,918 31 617,618 OC 919,920 31 639,640 36 921,922 " 31 641,642 37 923,924 31 642.1 37 925,926 31 643,644 35 927,928 31 645,646 35 929,930 31 646.1 36 931,932 14 647,648 29 933,934 19 649,650 29 935,936 19 651,652 29 937,938 19 653,654 29 938.1, 938.2 19 655,656 29 939,940 1 671,672 17 941,942 -1 673 _..-17 943,944 '1 676,676 11 945,946 1 677,678 20 947,948 1 679,680 20 949,950 1 _ 680.1, 680.2 20 950.1, 959.2 1 Supp. No. 40 [3] �' j IOWA CITY CODE Page No. % IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 951,952 1 995,996 11 953,954 1 997,998 1 955,956 1 999 11 957,958 1 1049 oc 959,960 19 1149,1150 37 961,962 19 1151,1152 8 963,964 23 1153,1154 8 965,966 1 1165,1156 20 967,968 1 1157,1158 37 969,970 1 1158.1 37 971,972 1 1159,1160 8 973,974 19 1161,1162 37 975,976 30 1163,1164 37 976.1 30 1165,1166 8 977,478 19 1167,1168 37 978.1 19 1169,1170 37 979,980 1 1171,1172 37 980.1, 980.2 1 1173,1174 37 980.3, 980.4 23 1176,1176 37 980.4.1 , 23 1177,1178 37 980.5, 980.6 1 1178.1 37 980.7, 980.8 23 1179,1180 16 980.8.1 23 1181,1182 15 980.9, 980.10 19 1183,1184 37 980.11,980.12 19 1185,1186 37 980.12.1 19 1187,1188 37 980.13, 980.14 A 1188.1 37 980.16, 980.16 1 1189,1190 13 981,982 29 1191,1192 13 983,984 29 1193 8 984.1 29 1229,1230 21 985,986 3 1231,1232 21 986.1 3 1233,1234 21 987,988 1 1235,1236 21 989,990 34 1237,1238 23 990.1 , 34 1239,1240 23 991,992 29 1241,1242 21 993,994 34 1243,1244 21 994.1,994.2 34 1245,1246 21 Supp. No. 40 (41 % I Page No. 1247,1248 1249,1250 1251 1297 1351, 1352 1353,1354 1355,1356 1407,1408 1409,1410 1411, 1412 1413,1414 1416,1416 1465,1466 1467,1468 1469 1471,1472 1473,1474 1475,1476 1477,1478 1479,1480 1481 1527,1528 1529,1530 1531,1532 1533,1534 1535,1536 1537,1538 1539,1540 1641,1542 1543,1544 1545,1546 1547,1548 1549,1550 1661,1552 1553 1555,1556 1557,1558 1559,1560 1561,1562 Supp. No. 40 CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. 21 1563,1564 21 1564.1 25 1565,1566 28 1567,1568 OC 1568.1,1568.2 33 1569,1570 18 1571,1572 28 1672.1, 1572.2 28 1573,1574 OC 1575,1576 OC 1677,1578 OC 1579,1580 33 1581,1582 33 1583,1584 33 1585,1586 14 1587,1688 33 1589,1590 14 1591,1692 14 1593,1594 14 1595,1696 14 1597 18 1643,1644 10 1645,1646 3 1646.1 11 1647, 1648 11 1649,1650 11 1651,1652 11 1653, 1654 11 1655, 1656 11 1657,1658 11 1659,1660 11 1661,1662 22 1662.1, 1662.2 18 1662.3,1662.4 18 1662.5, 1662.6 11 1662.7 14 1663,1664 11 1665,1666 11 1667,1668 [6] Supp. No. 25 25 11 11 33 33 39 11 11 11 11 34 34 34 - 34 34 34 34 2 2 35 1 1 OC 37 OC OC OC 27 38 38 38 38 38 38 14 14 26 ??z m iowA ciTy c6bE Page No.' Supp. No. page N6. Supp. No. 1. 1869,1670 35 1858.1 27 1671 35 1859,1860 23 1681,1682 14 1861,1862 23 1683,1684 14 1863,1864 23 1685,1686 14 1903 24 1687,1688 14 1967, 1968 OC` 1689,1690 14 1969, 1970 OG 1691,1692 14 2 . 021,2022 34 1693,1694 14 2023,2024 34 1695,1696 14 2025 34 1697,1698 .14 2121,2122 21 1713,1714 19 2i0,2124 25 1715,1716 36 2125,2126 35 1716.1 35 2126.1,2126.2 35 1717, 1718 OC 2126.3 35. 1719,1720 34 2127,2128 30 1721,1722 35 2129,2130 25 1722.1 35 2131,2132 25 1723, 1724 OC 2133,2134 25 1725,1726 23 2134.1 25 1727 23 2135,2136 OC' 1775,1776 34 2137,2138 OC' 1777,1778 34 2139,2140 4 1779,1780 34 2140.1 36 1831,1832 29 2141,2142 OC 1833,1834 29 2143,2144 -35: 1835,1836 29 9144.1 35: 1837,1838 29. 2145,2146 OC p 1839,1840 34 2-147,2148 20 1841,1842 34 2149,2150 20' 1843,1844 12 2151,2162 .20 1845,1846 12 2197,2198 '37 1847,1848 26 2199,2200 "37 1848.1 26 2201,2202 1849, 1850 OC 2202.1 .37 '37 1851, 1862 OC 2203,2204 id 1853,1854 23 2205,2206 16 1855,1856 23 2207,2208 16 1857,1858 27 2208.1 16 Supp. No. 40 [61 CHECKLIST OF UP-TO-DATE PAGES Page No. 2209,2210 2210.1 2211, 2212 2213,2214 2215,2216 2217,2218 2219,2220 2241,2242 2243,2244 2245,2246 2247,2248 2249,2250 2251,2252 2253,2254 2255,2256 2257,2258 2259,2260 2261,2262 2263,2264 2265,2266 2267,2268 2269,2270 2271,2272 2273,2274 2274.1, 2274.2 2274.3, 2274.4 2274.5, 2274,6 2275,2276 2276.1 2277, 2278 2279,2280 2281,2282 2282.1, 2282.2 2282.3, 2282.4 2282.5, 2282.6 2282.7, 2282.8 2282.9, 2282.10 2282.11, 2282.12 _ 2282.13, 2282.14 Supp. No. 40 Supp. No. Page No. 12 2282.16,2282.16 12 2282.17,2282.18 OC 2282.19,2282.20 3 2282.21, 2282.22 3 2282.23,2282.24 '37 2282.25,2282.26 37 2282.27, 2282.28 37 2282.29,2282.30 27 2283, 2284 34 2285,2286 37 2287, 2286 38 2289,2290 37 .2290.1 . 372291,2292 37 2292.1 35 2293, 2294 35 2295,2296 37 2297,2298 37 2299,2300 37 2300.1, 2300.2 31 2301,2302 7 2302.1 9 2303,2304 34 2305,2306 36 2307,2308 36 2309,2310 36 2311,2312 1 2313 1 2351,2352 OC 2353, 2354 14 2355, 2356 14 2357,2358 7 2369,2360 7 2361,2362 7 2363,2364 7 2365,2366 7 2367,2368 7 2369,2370 20 2419,2420 [71 Supp. No. 20 20 27 20 20 20 20 20 OC OC OC 18 13 .6 6 OC 18 34 36 36 34 34 31 31 31 31 31 31 1 OC OC OC 9 OC OC 1 1 13 26 ??Z i CHECKLIST OF UP-TO-DATE PAGES Page No. 2209,2210 2210.1 2211, 2212 2213,2214 2215,2216 2217,2218 2219,2220 2241,2242 2243,2244 2245,2246 2247,2248 2249,2250 2251,2252 2253,2254 2255,2256 2257,2258 2259,2260 2261,2262 2263,2264 2265,2266 2267,2268 2269,2270 2271,2272 2273,2274 2274.1, 2274.2 2274.3, 2274.4 2274.5, 2274,6 2275,2276 2276.1 2277, 2278 2279,2280 2281,2282 2282.1, 2282.2 2282.3, 2282.4 2282.5, 2282.6 2282.7, 2282.8 2282.9, 2282.10 2282.11, 2282.12 _ 2282.13, 2282.14 Supp. No. 40 Supp. No. Page No. 12 2282.16,2282.16 12 2282.17,2282.18 OC 2282.19,2282.20 3 2282.21, 2282.22 3 2282.23,2282.24 '37 2282.25,2282.26 37 2282.27, 2282.28 37 2282.29,2282.30 27 2283, 2284 34 2285,2286 37 2287, 2286 38 2289,2290 37 .2290.1 . 372291,2292 37 2292.1 35 2293, 2294 35 2295,2296 37 2297,2298 37 2299,2300 37 2300.1, 2300.2 31 2301,2302 7 2302.1 9 2303,2304 34 2305,2306 36 2307,2308 36 2309,2310 36 2311,2312 1 2313 1 2351,2352 OC 2353, 2354 14 2355, 2356 14 2357,2358 7 2369,2360 7 2361,2362 7 2363,2364 7 2365,2366 7 2367,2368 7 2369,2370 20 2419,2420 [71 Supp. No. 20 20 27 20 20 20 20 20 OC OC OC 18 13 .6 6 OC 18 34 36 36 34 34 31 31 31 31 31 31 1 OC OC OC 9 OC OC 1 1 13 26 ??Z i IOWA CITY CODE i Page No. Supp. No. Page No. 2421,2422 25 2531,2532 2423,2424 26 2533,2534 2425,2426 34 2535,2536 2426.1 34 2537,2538 2427,2428 25 2538.1 2429 25 2539,2540 2477,2478 25 2541,2542 2479;2480 35 2543,2544 2481. 35 2546,2546 2483,2484 19 2546.1,2546.2 2485,2486 37 2647,2548 2486.1 37 2548.1, 2548.2 2487, 2488 35 2548.3, 2548.4 2489,2490 " 37 2549,2550 2490.1 35 2551, 2552 2491,2492 25 2553,2554 2493,2494 36 2665,2556 2495,2496 136 2579,2580 2496.1 36 2581,2582 2497,2498 37 2583,2584 2499,2500 .25 2585,2586 2501, 2502 37 2586.1, 2586.2 2502.1 35 2686.3,2586.4 2503,2604 27 2687,2588 2505,2506 35 2591,2592 2507,2508 35 2593,2594 2509,2510 35 2595,2596 2511,2512 35 2697,2598 2513,2514 35 2599,2600 2515,2516 35 2601,2602 2517,2518 35 2603,2604 2519,2520 .25 2605,2606 2521,2522 35 2606.1 2523,2524 35 2607,2608 2525,2526 35 2609,2610 2526.1 35 2611,2612 2627 2628 - 26 2613,2614 2529,2530 40 2614.1 2530.1, 2530.2 40 2615, 2616 Supp. No, 40 181 Supp. No. 27 27 38 .38 31 25 26. 26 39 39 33 33 '33 25 26. 33 33 19 31 .31 :31 31 31 35 35 25 35 19 39 36 19 38 38 •19 31 36 36 36 .. 27 99.t CHECKLIST OF UP-TO-DATE PAGES Page,No. Supp. No. Page No. 2617,2618 37 2677,2678 2619,2620 37 2679,2680 2620.1,2620.2 38 2681,2682 2620.3 37 2683, 2684 2621,2622 25 2686,2686 2623,2624 29 2687 2625,2626 29 2787 . 2627,2628 29 2913,2914 2628.1 ,.:29 2935, 2936 2629,2630 26 2937,2938 2631,2632 27 2939,2940 2632.1 27 2941,2942 2633, 2634 26 2943, 2944 2635,2636 .39 2945,2946 2636.1 39 2947, 2948 2637,2638 29 2949,2950 2639,2640 r34 2951,2952 2641,2642 39 2953,2964 2642.1 34 2955,2956 2643,2644 24 2957,2958 2645,2646 28 2959,2960 2647,2648 25 2961,2962 2649,2650 27 2963,2964 2651,2652 36 2965,2966 2653,2654 36 2967,2968 2654.1 36 2969,2970 2655,2656 27 2970.1 2657,2658 25 2971,2972 2659,2660 25 2973,2974 2661,2662 22 2975,2976 2663,2664 25 2977,2978 2664.1,2664.2 27 2979,2980 2665,2666 128 2981,2982 2667,2668 28 2982.1 2669,2670 28 2983,2984 2671,2672 19 2984.1,2984.2 2673,2674 25 2985,2986 2675,2676 27 2987,2988 2676.1 27 2989,2990 Supp. No. 40 [9] Supp. No. 25 19 19 19 19 19 19 39 OC 14 16 16 OC OC ;13 OC 2 5 7 13 19 24 24 27 34 37 40 OC 24 24 38 26 39 39 35 35 28 35 37 I I 'I II I �I I� II' , Page No. 2991,2992 2993,2994 2995,2996 2996.1,2996.2 2996.3 2997,2998 2999,3000 3000.1 3001,3002 3003,3004 3004.1 3005,3006 3006.1, 3006.2 3007. 3008.1,3008.2 3008.2.1 3008.3,3008.4 3009 3010.1, 3010.2 3011,3012 3013,3014 3014.1,3014.2 3014.3 3015,3016 3016.1 3017,3018 3018.1 3019,3020 3020.1, 3020.2 3021,3022 3022.1 3023,3024 3025,3026 3027,3028 3029,3030 .3031,3032 3032.1,3032.2 .3032.3 3033,3034 Supp. No. 40 cA� IOWA CITY CODE Supp, No. Nge No.: Supp. No. 37 3035,3036 35 37 3036.1 35 37 3037,3038 29 37 3039,3040 33 37 3041,3042 .28 34 3042.1,3042.2 37 38 3043,3044 38 38 3044.1 38 37 3045,3046 28 35 3047,3048 37 35 3049,3050 38 �28 3050.1 38 38 3051,3052 36 38 3053,3054 .37 33 3054.1, 3054.2 37 33 3055 34 `28 3056.1,3056.2 -16 28 3057,3058 . 34 5 3059,3060 ....18 31 3061,3062 34 34 3063,3064 2 38 3065,3066 18 38 3067,3068 18 28 3069,3070 38 28 3070.1 38 19 3071,3072 34 19 3073,3074 38 8 3074.1 38 31 3075,3076 :35 38 3076.1, 3076.2 38 38 3077,3078 38 33 3078.1, 3078.2 38 34 3078.3 38 37 3079,3080 19 37 3081,3082 19 .38 3083,3084 33 38 3085,3086 27. 38 3087,3088 37 35 3089,3090 27 1101 'ado 4% 77K ■ CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 27 3093,3094 37 24 --r ZONING .. 136-15 (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. Sec. 36.15. High-rise multifamily residential zone (RM -146). (a) Intent. It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential envi. ronment. It is intended that this zone provide an efficient ar- rangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments.. Since this zone will have high levels of pedestrian activity, special attention must he directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) reamers residing in each. dwelling. unit., Single- and two-family dwellings, whichi exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. (c) Provisional uses (1) Elderly housing subject to the requirements of section 3656. (2) Low-rise multifamily dwellings provided they are devel- oped in. accordance .with the dimensional requirements of the RM -44 zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 zone provided they are located on the ground level or below in a high-rise multifamily dwelling. Supp. No. 40 2629 9?4 198.16 IOWA CITY CODE (d) Special exceptionx i (1) Child care facilities. (2) Clubs. (3) Group,care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) . Public utilities. lk (5) Reli 'ons instit t i I. 61 u ons. (0. Restaurants.. , (7) Schools—Generalized private instruction. (8) Transient housing. (e) Dimensional requirements (1) Minimum lot area: 5,000 Square feet. (2) Minimum lot area per unit: None. (3) Minimum lot width: None. (4)' Minimum lot frontage: 35 feet on a public street or' an officially approved place. (5) Minimum yards:. Front—For high-rise dwellings, 0 feet; 20 feet for all other uses. Side—For high-rise dwellings, 0 feet; 5 feet for all other uses. Rear—For high-rise dwellings, 0 feet; 20.feet, for all other uses. (8)Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height -None. Building coverage -None. Floor area ratio—None. Supp. No. 40 2530 99-z ZONING 136-16 (f) General provision& All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles IIT and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article M. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: See section 36-59. e. Sign regulations: See section 36.60. E Fence regulations: See section 36-65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2... c. Performance standards: See Division 3. d. , Nonconformities: See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit build. ings higher than thirty-five (35) feet, no portion of any building in the RM -145 zone shall project through an imagi. nary plane leaning inward from thirty-five (35) feet above zone boundaries at an angle representing an increase of one foot of height for each foot of horizontal distance per. pendicular to the boundary. Where existing land in abut. ting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, - may expand without compliance with the dimensional re- quirements or the off-street parking requirements, (Ord. No. 88.3383, § IS, 6-28-88; Ord. No. 89.3403, § 1, 2.28.89) See. 36.16. Reserved. Supp. No. 40 2530.1 99z 636-17 IOWA CITY CODE 1 Sec. 36.17. Commercial office zone (CO -1). (a) Intent, The commercial office zone (CO -1) is intended'to provide specific areas where office functions, compatible busi- nesses, apartments and certain public and semipublic usearndy be developed. The CO -1 zone can serve as a buffer between real- dential and more intensive commercial or industrial areas. �- (b) Permitted uses (1) Clubs. i (2) Copy services.- (3).Florist shops. (4) Hospitals.. (6) Meeting halls. .I - (6) Nursing homes. (7) Office buildings in which no activity is carried on catering I to retail trade with the general public and no stock of i goods is maintained for sale to'customers except for those I, Supp. Nn. 40 2630.2 CODE COMPARATIVE TABLE Ord. No. Adpt. Dale 884386 7-1288 . 88.3387 `. 7.26.88 884389 8. 9.88 88.3392 8-23.88 884393 10- 4.88 884394 11- 1.88 88.3396 11.16.88 884399. 12.13-88 89-3403 2.2849 Supp. No. 40 2970.1 Section Section this Code 18 17-7(v) 19 17.7(y) 20 17.8(e) 21.22 17.86)U) 18 17.7(v) 19 177(y) -) . 20 17.8(e). - 21.22 17.8(i)U) 1 3&68(aX2)1.2. 1 32.1.63 ' 1 6.19(6X2.1) 1 Rpld 24-101-24.106, Added 24-101-24-108 ..'�. .. 1 3&23(c)(4), (d)(4.6) I 1 .. 5.1 2 68 9 Rpld - 643 4 541 6 6-16 . 8-9 549-652 10 ,�... Ch. 5. Art D3(note) 1 3652(cX3)b.2, ' (c)(3)c2.c. i - 1 38-16(8X6) II . RESOLUTION NO. 89-128 RESOLUTION OF INTENT TO CONVEY TO JACK MOYERS ET AL. THE VACATED LOOS STREET RIGHT-OF-WAY. WHEREAS, Loos Street, an unimproved right-of-way between Rocky Shore Drive and Black Springs Circle, was vacated by Ordinance 88.3398 on December 13, 1988; and WHEREAS, this heavily wooded and steep property serves only as a drainageway for the abutting lots and contains sanitary sewer lines; and WHEREAS, the City has no need for this property; and WHEREAS, the abutting property owners have requested that the City of Iowa City dispose of this vacated right-of-way to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. The City Council does hereby declare its Intent to convey its interest in the vacated 50 - foot right-of-way of Loos Street as platted in Chautagua Heights Subdivision and recorded in Plat Book 1, Page 148 to Jack Moyers, Carl Strub, Jr., Roger Giller, Richard DeGowin and Gene Claussen for the sum of $600 with the reservation of easements over the entire property for drainage and sanitary sewers. AND BE IT FURTHER RESOLVED THAT: A public hearing on said disposition be set for June 27, 1989 and that the City Clerk be and Is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the disposition proposal hereinabove set forth. { It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: s AYES: NAYS: ABSENT: X Ambrisco x Balmer X Courtney X Horowitz X Kubby _x Larson X McDonald Passed and approved this 13th day of June 1989. /006 21, �/ . - 1\t - AYOR Approv d as to Form *eglepartment - 7 dl /DOL I rl� i RESOLUTION NO. 89-129 RESOLUTION OF INTENT TO CONVEY TO GARY L. FREEMAN AND RALPH J. FREEMAN VACATED LAFAYETTE STREET RIGHT-OF-WAY BETWEEN RALSTON CREEK AND SOUTH GILBERT STREET AND A PORTION OF VACATED LINN STREET RIGHT- OF-WAY IMMEDIATELY NORTH OF THE VACATED LAFAYETTE STREET RIGHT-OF- WAY. WHEREAS, by Ordinance No. 2646, the City vacated that portion of Linn Street that lies north of the north line of Lafayette Street and south of the south line of Des Moines Street; and WHEREAS, by Ordinance No. 75-2768, the City vacated that portion of the Lafayette Street right-of-way lying between a line parallel to and 335.50 feet east of the centerline of Dubuque Street and a line parallel to and 480.50 feet east of the centerline of Dubuque Street; and WHEREAS, the City has set a public hearing on an Ordinance to vacate a portion of the Lafayette Street right-of-way lying between the line parallel to and 480.50 feet east of the centerline of Dubuque Street and the west right-of-way line of South Gilbert Street; and WHEREAS, Gary L. Freeman and Ralph J. Freeman (Freemans) have asked the City to convey portions of already vacated Lafayette and Linn Streets rights-of-way, in addition to portions now being considered for vacation, the total area of which is described as follows: Commencing at the Southeast Corner of Lot 4, of Block 22, County Seat Addition to Iowa City, Iowa, as recorded in Book 1 and 2, at Page 253 of the Records of the Johnson County Recorder's Office; thence N 90o00'00" W, an assumed bearing along the South Line of said Lot 4, 201.68 feet, to the Southwest Corner thereof; thence N 90oOO'OO" W, 20,00 feet to the Point of Beginning; thence S OOo00'00" W, 79,92 feet, to a Point on the Southerly Right -of -Way Line of Lafayette Street, which is 71.67 feet, S 89055130" W of a 5/8 -inch Iron Pin found at the intersection of said Southerly Line, with the westerly Right -of -Way Line of Relocated Gilbert Street; thence S 89055130" W, along said Southerly Right -of -Way Line, 28.35 feet, to a 5/8 -inch Iron Pin with L.S. 7036 Cap found at the Top of Bank of Existing Ralston Creek; thence N 05025'12" E, 66.25 feet, to a Point on said Top of Bank; thence N 26o51'55" E, 15.69 feet, to a Point on said Top of Bank; thence N 0701247" E, 25.20 feet, to a Point on said Top of Bank; thence N OOo22'32" E, along said Top of Bank, 55.00 feet, to its intersection with the westerly projection of the Northerly Line of said Lot 4; thence S 90o00'00" E, along said Westerly projection, 12.00 feet, to a Point which is 20.00 feet, N 90oOO'OO' W of the Northwest Corner of said Lot 4; thence S OOo22'32" W, 80,00 feet, to the Point of Beginning. Said tract of land contains 2920 square feet, more or less, and is subject to easements and restrictions of record; and /407 Resolution No. 89-129 Page 2 Commencing at the Southwest Corner, of Lot 4, of Block 22, County Seat Addition to Iowa City, Iowa, as Recorded in Books 1 and 2 at Page 253, of the Records of the Johnson County Recorder's Office; thence N 90000100" W, an assumed bearing along the South Line of said Block 22, 128.24 feet to a Point on the Westerly Right -of -Way Line on Relocated Gilbert Street, which is the Point -of -Beginning; thence S 15o15'20" W, along said westerly Right -of -Way Line, 82.74 feet, to a 5/8 -inch Iron Pin found at its intersection with the Southerly Right -of -Way Line of Lafayette Street; thence S 89055'30" W, along said Southerly Right -of -Way Line, 71.67 feet; thence N 00000'00" E, 79.92 feet, to a Point on the Northerly Right -of -Way Line of Lafayette Street; thence S 90o00'00" E, 93.44 feet along the Southerly Line of Lot 4 of said Block 22, to the Point of Beginning. Said tract of land contains 6,593 square feet, more or less, and is subject to easements and restrictions of record; and WHEREAS, the City has no need for property already vacated and now being considered for vacation; and WHEREAS, Freemans have agreed, after vacation, to have the City convey the entire vacated rights-of-way, subject to the City retaining certain public utility and conservation easements over all or a portion of the vacated property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the above-described City -owned property to Gary L. Freeman and Ralph J. Freeman in consideration of $1,000.00, subject to the City retaining easements over the entire above-described property to allow access to all public utilities located on the property, and to permit access to a 20 -foot wide conservation easement over a portion of the vacated rights-of-way contiguous to the banks of Ralston Creek. BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for June 27, 1989, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing on the matter set forth above to be published, as provided by law. It was moved by Am riand seconded by Balmer the Resolution be adopted, an upon roll call there were: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald /00% 0 11 � Resolution No. 89-129 Page 3 Passed and approved this 13th day of June 1989. R ApPrpvejoved as to Form ATTEST: —NCI �CLERK e al Department RESOLUTION NO. 89-130 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PART 8, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Braverman Development, Inc., has filed with the City aterk of Iowa City, Iowa, an application for approval of the preliminary p of Pepperwood Addition, Part 8; and WHEREAS, the Department of Planning and Program Development and the a PublicrecomWorks Department have examined the proposed preliminary p and ended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission, and after due deliberation the Commission has recommended that it be accepted and approved, and that the requirements for minimum block length and widthetcitydofoIowalcitysCodeeof9Ordinancspecified es,,be varied as follows f Chapter 32 of 1. Reduction of the 400 -foot minimum block length requirement for the three blocks on the north and west sides of Sandusky Drive between Keokuk Street and Cherry Avenue to the following dimensions: a. Keokuk Street to Ironwood Circle: 385 feet. b. Ironwood Circle to Ironwood Circle: 253 feet. C. Ironwood Circle to Cherry Avenue: 386 feet. 2 Reduction block between Pepper Drive minimum and Chestnut requirementock width feet if Chestnut C u t along the west side or theof Birch Street. uirements allow the 3 Modification of the cul-de-sac sac design proposed for Balsam ndiChe tnut Courts asoillustrated con the preliminary plat; and WHEREAS, with the exception of the modifications noted above, the preliminary plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Pepperwood Addition, Part 8, is hereby approvedhe ofltheing city offIowaions of the City Code ofequirements Oof Article Ordinances: lock th uirement for the (1) threeto blocks othe 0north and iwest mum bsides lof9SandusSaReucion of ndusky between Keokuk Street and Cherry Avenue to the following dimensions: a. Keokuk Street to Ironwood Circle: 385 feet. b. Ironwood Circle to Ironwood Circle: 253 feet. C. Ironwood Circle to Cherry Avenue: 386 feet. Resolution No. 89-130 Page 2 r: (2) Reduction of the 220 -foot minimum block width requirement to 115 feet for the block between Pepper Drive and Chestnut Court along the west side of Birch Street. t (3) Modification of the cul-de-sac design requirements to allow the cul- de-sac design proposed for Balsam and Chestnut Courts as illustrated on the preliminary plat. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. It was moved byand seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X_ Balmer —1L Courtney Horowitz X_ Kubby Larson i �L_ McDonald Passed and approved.this 13th day of June 1969. FOR Appr ved as to Form I, ATTEST:}~.. --.J ��n� (/CGGrs�t9T/ II CITY`CLERK Legal Department j STAFF REPORT To: Planning & Zoning Commission Items: Z-8903 & S-8912. Pepperwood Addition, Part 8 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning Comprehensive Plan: Applicable regulations: File date: 45 -day limitation period: Prepared by: Monica Moen Date: April 6, 1989 Braverman Development, Inc. 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 Rezone property from ID -RM to RS - 5 and approve a preliminary subdivision plat. To establish an 82 -lot, single- family residential subdivision. West of existing Pepperwood Additions development on Sandusky Drive extended. Approximately 22 acres. Agricultural; RS -5 and ID -RM. North - Mobile Home Court and undeveloped; RFBH and RM -12. East - Single-family residential; RS -5. South - Undeveloped; ID -RS and ID -RM. West - Undeveloped; ID -RM. Short-range: Residential at 2-8 DU/A and Residential at 8-16 DU/A. Long -Range: Residential. Zoning Ordinance, Subdivision Regulations, Stormwater Management Ordinance. March 6, 1989. April 20, 1989. 1�- �I I II II I a P i F w 6 STAFF REPORT To: Planning & Zoning Commission Items: Z-8903 & S-8912. Pepperwood Addition, Part 8 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning Comprehensive Plan: Applicable regulations: File date: 45 -day limitation period: Prepared by: Monica Moen Date: April 6, 1989 Braverman Development, Inc. 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 Rezone property from ID -RM to RS - 5 and approve a preliminary subdivision plat. To establish an 82 -lot, single- family residential subdivision. West of existing Pepperwood Additions development on Sandusky Drive extended. Approximately 22 acres. Agricultural; RS -5 and ID -RM. North - Mobile Home Court and undeveloped; RFBH and RM -12. East - Single-family residential; RS -5. South - Undeveloped; ID -RS and ID -RM. West - Undeveloped; ID -RM. Short-range: Residential at 2-8 DU/A and Residential at 8-16 DU/A. Long -Range: Residential. Zoning Ordinance, Subdivision Regulations, Stormwater Management Ordinance. March 6, 1989. April 20, 1989. 1�- �I I II II I a P i N SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: BACKGROUND: Adequate water and sewer service are available. Police and fire protection and sanitation and transit services are available. Access is provided via Keokuk Street and the extension of Sandusky Dri ve; secondary access is available via Broadway Street -Sandusky Drive - extension of Pepper Drive to Sandusky Drive extended. The site is characterized by moderate slopes which drain primarily to the north and east. The applicant wishes to rezone the westernmost portion of an approximate 22 -acre tract of land from ID -RM, Interim Development Multi -Family Residential, to RS - 5, Low Density Single -Family Residential. The tract is located immediately west of existing Pepperwood Additions development which is zoned RS -5. Due to difficulty in ascribing the location of the RS-5/ID-RM zoning boundary in the field, the applicant is requesting that the entire 22 -acre tract be designated for RS -5 use. He estimates that about ten acres in the western portion of the tract are presently zoned ID -RM. The attached location map illustrates the location of the current RS-5/ID-RM boundary within the 22 -acre parcel. The applicant also seeks preliminary plat approval for Pepperwood Addition, Part 8, an 82 -lot, single-family residential subdivision proposed on the subject 22 - acre site. The rezoning request will be considered first in this report. ANALYSIS: REZONING REQUEST: ID -RM TO RS -5 Comprehensive Plan: When a new wastewater pollution control plant (WPCP) was originally proposed in the location immediately east of South Gilbert Street and south of the corporate limits, the 1983 Comprehensive Plan Update anticipated that the western portion of the South Area would be developable as a result of direct tie-in opportunities to an 84 -inch Outfall Trunk Sewer which was designed to run along South Gilbert Street to the new WPCP. At such time as access to the new sewer system was possible, the 1983 Plan Update anticipated that the western portion of the South Area would develop for residential purposes at a development density of 8-16 dwelling units/acre. According to the Plan, "...the slightly higher than single-family housing density takes advantage of the relative ease of access to the downtown via Gilbert Street and Sand Road and allows a response to the projected demand for lower cost owner -occupied housing." (1983 Comprehensive Plan Update, Page S-4.) The land was subsequently zoned ID - RM, Interim Development Multi -Family Residential to permit higher density 3 residential development at such time as municipal services could be extended to the area. Since the 1983 Plan Update, the proposed location of the new WPCP has been shifted south and east of the original location and, without a private commitment to extend sewer lines into the South Area, development opportunities in the South Area, particularly along its western boundary, are limited. Development Sequence: In the accompanying subdivision plat, the applicant represents that the subject tract is sewerable via extensions of the sewer system serving existing development east of this tract. Given this parcel's location contiguous. to existing residential developmeht, the extension of municipal services to the area can be achieved in a manner consistent with the cost considerations reflected in the City's growth management policy. It is appropriate, therefore, to remove the Interim Development (ID) designation from the western portion of this 22 -acre tract of land. It should be noted, however, that, due to capacity constraints in the trunk sewer system serving the southern part of Iowa City, any further development west of the proposed subdivision will be delayed until such time as the proposed wastewater system improvements are on-line and the capacity of the South Side Trunk Sewer System can be evaluated. The opportunity to develop land west of the proposed subdivision by tapping into the South Side Trunk Sewer System will depend on the results of that evaluation. Land Use Density: The low density, single-family residential (RS -5) zoning classification sought by the applicant for the westernmost part of the tract permits residential development at a density slightly less than the development density recommended by the City's short-range plan. The Comprehensive Plan Maps outline in aeg neral fashion the location of different land uses. These maps are interpreted "...with flexibility at the boundaries of the designated uses to allow appropriate transitions between areas." (1983 Comprehensive Plan Update, Page 35.) The characteristics of the western portion of this site are indistinguishable from the qualities of the remaining part of the tract and of adjacent single- family residential neighborhoods. There are no features on the site that would detract from the livability of low density, single-family residences. With few exceptions, most of the newer housing in the adjoining development are assessed between $60,000-$90,000, substantially less than the assessed values of newer housing in other developing parts of the community. Because of physical similarities between the subject tract and nearby development, it is likely that the subject site will also develop for less expensive, owner -occupied housing. This land use would be consistent with the recommendation made by the 1983 Plan Update for the western part of the South Area to permit development that is responsive to the projected demand for lower cost owner -occupied housing. The proposed request to rezone the western portion of the approximate 22 -acre site under consideration from ID -RM to RS -5, therefore, appears to be consistent with the land use and development objectives of the 1983 Comprehensive Plan Update and the proposed 1989 Update of the Plan. SUBDIVISION PLAT Zoning Ordinance Compliance: The proposed plan is consistent with the dimensional requirements of the RS -5, Low -Density Single -Family Residential Zone. As permitted under Section 36-7(g)(1) of the Special Provisions of the zone, some 4 of the proposed lots have less area than the 8,000 square foot minimum required within this zone. The lots, however, satisfy the dimensional requirements of this special provision and the number of single-family lots proposed within this 22 -acre development (82 lots) is less than the maximum gross density of 5 dwelling units/acre or 110 dwelling units that this special provision would permit within this tract. Subdivision Regulations Compliance: The proposed subdivision design deviates from some of the standards and specifications of the City's Subdivision Regulations. Four of those deviations are discussed in the following analysis. Minor deficiencies and discrepancies are included in the composite list of plat deficiencies at the end of the report. 1. Block Length and Width: The Subdivision Regulations require that blocks be at least 400 feet long and 220 feet wide (Section 32-54(a)(5)). As illustrated on the subdivision plat, three blocks on the north and east sides of Sandusky Drive between Keokuk Street and Cherry Avenue measure between 253 feet and 397 feet in length. Similarly, the width of the block between Pepper Drive and Chestnut Court narrows to only 115 feet along Birch Street. Topographic considerations warrant waiving the minimum block length and width requirements for these four blocks. The proposed street layout is sensitive to natural features within the development and will permit street extensions that will minimize the impact on steeper sloped land west of the subject subdivision. These design variations are not expected to either inhibit development of lots within the subdivision or interfere with traffic circulation within or beyond the development. Consideration should, therefore, be given to waiving the block length and width requirements for these four blocks. 2. Side Lot Line/Street Line Angles: Section 32-54(a)(10) of the Subdivision Regulations specify that side lots lines "...shall approximate right angles to straight street lines and radial angles to curved street lines...". "Approximate right angles" means between 800 and 1000. Because houses are generally constructed parallel to the street, this requirement assures that the side yards adjacent to houses are the same width from front yard to back yard. Side lot lines which parallel building lines make the location of shared property lines less ambiguous which results in fewer property line disputes. Several lots within the proposed subdivision do not conform with this requirement. While the applicant has been advised to amend the plat to conform to this requirement, he maintains the proposed lot configurations do not conflict with the purpose and intent of the Subdivision Regulations. The applicant, however, has not demonstrated that compliance with the Subdivision Regulations results in extraordinary hardship to the subdivider or that strict compliance with the regulations would result in poor subdivision design or in substantial degradation of natural features. There is no justification, therefore, in waiving this requirement. 3. Collector Street Extension: Cherry Avenue is expected to function as a collector street. Collector streets facilitate traffic circulation by funneling traffic from local streets to other collector or arterial streets. Provisions should be made, with this subdivision, to permit construction of Cherry Avenue to collector street standards. The Cherry Avenue spur /D/f� 5 between Lots 179 and 180 should show a right-of-way width of 66 feet and a paved surface width of 36 feet. 4. Cul-de-sac Design: The detailed drawing for the two proposed cul-de-sacs within the subdivision suggests a cul-de-sac design that is not specified within the Subdivision Regulations. This design, however, permits the paved surface of the cul-de-sac turnaround to be as wide as a typical local street (28 feet) and allows uniformity in the placement of sidewalks in the turnaround and in the remaining portion of the cul-de-sac. As this design enhances the subdivision, the cul-de-sac design standards and specifications t; of the Subdivision Regulations should be modified to permit this variation. Stormwater Management Ordinance Compliance: As noted on the plat, the stormwater storage requirements for the proposed subdivision are satisfied by the existing stormwater management facility located east of Keokuk Street and north of the lots which front on Sandusky Drive. The plat shows, however, that proposed stormwater intakes within the subdivision are located within the radii of street intersections. It is a design standard of the Public Works Department to place intakes outside of the street radii. While this standard necessitates that additional intakes be installed, it is the City's experience that intakes outside street radii are more successful in trapping stormwater runoff. The plat should, therefore, be amended to conform to this standard. ECONOMIC IMPACT Given the assessed value of comparable residential development in the nearby residential area, the average assessed value of each developed lot within the proposed subdivision is approximately $78,000. Within the current tax period, the values of residential uses are rolled back to 80.5966% of their assessed values. The City's portion of the tax levy imposed upon a residential use located within Iowa City is $11.69523/$1,000 of assessed valuation. Assuming each of the 82 lots in the proposed subdivision is developed today with an assessed value of $78,000, the City would realize an annual increase in tax revenue of approximately $735 per dwelling or $60,270 for the 82 -lot subdivision. With this subdivision, the City will realize some construction costs in overwidth paving on Sandusky Drive and on the Cherry Avenue spur and oversized water lines that are proposed along Pepper and Sandusky drives. Indirect costs such as garbage pick-up, maintenance of streets and municipal utilities, and police and fire protection are also incurred. With increased residential development, local schools, parks, the public library, the transit system, and roadways outside the development are also affected. This subdivision is not expected, however, to impact the City's ability to provide municipal services. STAFF RECOMMENDATION: Staff recommends that the request to rezone the westernmost portion of the subject 22 -acre parcel, generally located west of existing Pepperwood Additions development on Sandusky Drive extended, from ID -RM to RS -5 be approved. Staff also recommends that consideration of the preliminary plat for Pepperwood Addition, Part 8, be deferred. Upon resolution of each of the deficiencies and discrepancies listed below, it is staff's recommendation that the plat be approved with the following Subdivision Regulation requirement variations: /O/y- 1 6 I. Reduction of the 400-foot minimum block length requirement for the three blocks on 'the north and east sides of Sandusky Drive between Keokuk Street and Cherry Avenue to the following dimensions: (a) Keokuk Street to Ironwood Circle: 385 feet. (b) Ironwood Circle to Ironwood Circle: 253 feet. (c) Ironwood Circle to Cherry Avenue: 397 feet. 2. Reduction of the 220-foot minimum block width requirement to 115 feet for the block between Pepper Drive and Chestnut Court along Birch Street. 3. Modification of the cul-de-sac design requirements to allow the design Proposed for Elm and Chestnut courts. DEFICIENCIES AND DISCREPANCIES: I. Amend the plat to show that all the sidelot lines approximate right angles to straight street lines and radial angles to curved street lines. 2. Redraw the Cherry Avenue spur to collector street standards. 3. Remove all storm sewer intakes out of the street intersection radii and provide additional intakes as required by the Public Works Department. 4. Expand the utility easements to 15 feet along the Pepper Drive frontages of Lots 222, 223, 241, and 152. 5. Identify the width of the drainageway easement between Lots 177 and 178. 6. Reroute sanitary sewer extensions proposed in the Ironwood Circle spurs to remove these extensions, as much as possible, from beneath the paved portion of this right-of-way. 7. Eliminate the sewer line extending east of the manhole between Lots 240 and 241. Instead, show an extension of the sewer from an existing manhole between Lots 151 and 152 to a new manhole to be placed between Lots 152 and 241. B. Extend the lot lines of Lots 167-169 to the southern boundary ofBlock 3, Braverman Center to incorporate the small triangular parcel presently located between these two subdivision boundaries. 9. Amend the typical street section to refer to Sandusky Drive versus Sandusky Avenue. 10. Label the territory west of the proposed subdivision as "Future Develop- ment." 11. Show the extension of the eight-inch water line through the Birch Street/Pepper Drive intersection. ATTACHMENT: 1. Location Map. /elf 7 ACCOMPANIMENT: I. Preliminary Plat of Pepperwood Addition, Part 8. J Approved by: r D nald S hmeiser, Director Department of Planning and Program Development i i i, i it 1 Ll t I LG=ti1LIV DLJL'/L!/, ,1 LI �S (\ Thomas Anthony, RLS SURVEYING AND ENGINEERING Ralph Stotler, PE, RLS PF 535 Southgate Avenue 11G1I Iowa city, Iowa 52240 k Phone (319) 3544984 h NI:crIVCD i May 31, 1989 JUN 02 1989 j Mayor McDonald and City Council P.P.D. DEPARTMENT City of Iowa City I 410 E. Washington Street Iowa City, Iowa 52240 Attn: Monica Moen Q Re: Z-8903 and S-8912, Pepperwood Part 8 and related rezoning. f Dear Mayor McDonald and City Council: I ' On behalf of the owner, Braverman Development, Inc., we request that secondoand aothesen of thirdreadingof the mrezoning eand econsideration eof thereliminar P y plat be considered at your June 13, 1989 Council meeting. , H , Sincerely, I� Ralph Stoffer, PE & IS ' II cc: Braverman Development, Inc. RS:kr I ' I 11 o RESOLUTION NO. 89-131 RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF RUPPERT SUBDIVISION, PART 1, AND THE RESUBDIVISION OF LOT 1, RUPPERT SUBDIVISION, PART 1. WHEREAS, the owner and proprietor, Charles Ruppert at al., has caused to be filed with the City Clerk of Iowa City, Iowa, an application for approval of an amended preliminary plat of Ruppert Subdivision, Part 1, and the resubdivision of Lot 1, Ruppert Subdivision, Part 1, a subdivision of Iowa City, Johnson County, Iowa, which is legally described as follows: Lot 1, Ruppert Subdivision as recorded in Book 27, at Page 15 of the records of the Johnson County, Iowa Recorder's Office and a portion the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 51h Principal Meridian, more particularly described as follows: Said tracts of land contain 34.49 acres, more or less, and are subject to easements and restrictions of record. Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; thence NO -51'23"E (an assumed bearing), along the east line of said Southwest Quarter, 230.00 feet, to the point of beginning; thence continuing, N0°51'23" E, along said east line of the Southwest Quarter, 921.17 feet, to a point which is 500.00 feet southerly of the intersection of said east line with the southerly right-of-way line of Iowa Primary Road Number 1, and is the i' southeast corner of the tract of land conveyed to the City of Iowa City, Iowa, by warranty deed, recorded in Deed Book 568, at Page 286, of the records of the Johnson County Recorder's Office; thence N69"8'37" W, 60.00 feet to the southwest corner of said tract; thence SO.51'23" W, along a line which is parallel with and 60.00 feet westerly of said east line of the southwest quarter, 133.69 feet, to the southeast corner of Lot 1, of Ruppert Subdivision, Part One, as recorded in Plat Book 27, at Page 15, p of the records of the Johnson County Recorder's Office; thence N89.08'3T' W, 503.31 feet, to the southwest corner of said Lot 1; thence North 0.51'23" E, 465.33 feet, to the northwest corner of said Lot 1, of Ruppert Subdivision; thence NO°51'23" E, 7.99 feet, ji to a point on the southerly right-of-way line of Iowa Primary Road Number 1; thence S74"57'52" W, along said southerly right-of-way, 44.17 feet; thence southwesterly, 193.10 feet, along said southerly right-of-way line, on a 2,231.9 foot radius curve, concave southeasterly, whose 193.04 foot chord bears S 72^29'09" W, to a point which is 156.2 feet radially distant southeasterly of the centerline of said Iowa Primary Road Number 1, at Station 146+50; thence S 58.21'18" W, along said southerly right-of-way line, 330.50 feet, to a point which is 160,00 feet, radially distant southeasterly of said centerline of Iowa Primary Road Number 1, at Station 143+00; thence S 48.18'47" W, along said southerly right-of-way line, 423,33 feet, to a point which is 180.00 feet, radially distant southeasterly of said centerline of Iowa Primary Road Number 1, at Station 138+50; thence S 44-0'46'W, along said southerly right-of-way Iine, 220.30 feet, f to a point which is on the northeasterly limits line of the existing Airport Clear Zone; thence S 49°57'39" E, along said northeasterly limits Iine, 926.91 feet, to a point on the north line of parcel conveyed to the City of Iowa City by warranty deed, recorded in Deed Book 185, at Page 321, of the records of the Johnson County Recorder's Office; thence N89"42'40" E, along said northerly line, 811.94 feet, to the Point of Beginning. Said tracts of land contain 34.49 acres, more or less, and are subject to easements and restrictions of record. L WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIN OF IOWA CITY, IOWA: 1. That the amended preliminary plat of Ruppert Subdivision, Part 1, and the resubdivision of Lot 1, Ruppert Subdivision, Part 1, is hereby approved. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. lw /� YOR Appr ved asioform ATTEST:—hpa ) k Kann) /! CITi''CLERK agal Department / b. a- rf I City of Iowa city MEMORANDUM May 18, 1989 TO: Planning & Zoning C mmission From: Karin Frank]' wau— Re: Westport Plaza All of the deficiencies and discrepancies noted in the staff report dated May 16,•1989 on the large scale. non-residential development plan for Westport Plaza have been resolved. The staff recommends that the plan be approved. �.0 City of Iowa city MEMORANDUM May 18, 1989 TO: Planning & Zoning C mmission From: Karin Frank]' wau— Re: Westport Plaza All of the deficiencies and discrepancies noted in the staff report dated May 16,•1989 on the large scale. non-residential development plan for Westport Plaza have been resolved. The staff recommends that the plan be approved. STAFF REPORT To: Planning & Zoning Commission Item: 5-8906. Ruppert Subdivision, Part 1, Amended Preliminary Plat & Resubdivision of Lot 1, and Westport Plaza, Preliminary LSNRD. GENERAL INFORMATION: Applicant: Requested action: Purpose: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: Prepared by: Karin Franklin Date: May 16, 1989 Joseph Company 5001 N. University Peoria, Illinois 61614 For subdivider/owner: Charles Ruppert 1406 N. Dubuque Rd., Iowa City Approval of an amended preliminary Plat, the resubdivision of Lot 1, Ruppert Subdivision and an LSNRD for Westport Plaza. To develop a shopping center. Subdivision - 34.49 acres. LSNRD - 28.084 acres. Under consideration for a change from industrial to general commercial. Car dealership, agriculture; CI -1 and I-1 (under consideration for rezoning to CC -2, see Z-8902). North - Highway 1 right-of-way, undeveloped; CC -2, RM -44, RS -5. East - Commercial, Iowa City Municipal Airport; CI -1, P. South - Airport; P. West - Agriculture, undeveloped; I-1. January 30, 1989. Waived to May '18,1989. j s 1 i. }i I y, 1 1% II t STAFF REPORT To: Planning & Zoning Commission Item: 5-8906. Ruppert Subdivision, Part 1, Amended Preliminary Plat & Resubdivision of Lot 1, and Westport Plaza, Preliminary LSNRD. GENERAL INFORMATION: Applicant: Requested action: Purpose: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: Prepared by: Karin Franklin Date: May 16, 1989 Joseph Company 5001 N. University Peoria, Illinois 61614 For subdivider/owner: Charles Ruppert 1406 N. Dubuque Rd., Iowa City Approval of an amended preliminary Plat, the resubdivision of Lot 1, Ruppert Subdivision and an LSNRD for Westport Plaza. To develop a shopping center. Subdivision - 34.49 acres. LSNRD - 28.084 acres. Under consideration for a change from industrial to general commercial. Car dealership, agriculture; CI -1 and I-1 (under consideration for rezoning to CC -2, see Z-8902). North - Highway 1 right-of-way, undeveloped; CC -2, RM -44, RS -5. East - Commercial, Iowa City Municipal Airport; CI -1, P. South - Airport; P. West - Agriculture, undeveloped; I-1. January 30, 1989. Waived to May '18,1989. I; c r; Applicable regulations: SPECIAL INFORMATION: f Public utilities: Public services: Transportation: Physical characteristics: BACKGROUND: 2 Zoning Ordinance, subdivision code, LSNRD requirements, Stormwater Management Ordinance. Sewer capacity is available, a lift station will be necessary to serve Lot 2 (Westport Plaza). For adequate water service, a 12 -inch trunk line will need to be extended along the north side of Highway 1 to complete a loop. Police and fire protection are available. Sanitation service will be provided by a private hauler. Access is from Highway I. Transit service can be provided with modifications to existing routes. Flat to sloping from Highway 1 to the southeast. Much of Lot 2 is included in the Willow Creek floodplain. The Joseph Company is requesting preliminary plat approval and approval of a preliminary LSNRD plan to move forward with the Westport Plaza project (refer to Z-8902). A Comprehensive Plan amendment and conditional rezoning of the site are under consideration by the City Council; approval of the land use change can be completed by June 13, 1989. Subdivision Plat: The subdivision plat is in substantial compliance with the Municipal Code. The plat itself ccontains onsisting ofconstruction of a signalized pintersection atthemajorrentrance on the west side of Lot 2 and improvement of public right-of-way to access the northeast corner of Lot 2 have been agreed to by the developer. As part of the conditional zoning of Lot 2, the Joseph Company will, at their cost, construct a left -turn lane for westbound traffic, acceleration and deceleration lanes at the entry drive, and install a traffic signal at the major entrance. The Joseph CompI toany thewill also improve, to northeast corner of Loty2. Access to ndards, a property ublic right-of-way o owned by theoIowagCitfrm y Municipal Airport will be available along this public right-of-way, north of Lot 2. Iowa Department of Transportation (IDOT) approval for any improvements in the Highway 1 right-of-way will be necessary prior to final plat or plan approval. 3 Development of the 28 -acre project site will necessitate extension of a water main along the north side of Highway 1 to complete a loop and provide adequate pressure for fire protection. This extension has been anticipated by the City but was not projected for completion within the current five-year Capital Improvements Program. Typically, the City tries to accommodate development by shifting priorities in water line extensions when development occurs sooner than anticipated. The developer of Westport Plaza has agreed to participate in the cost of the extension to the project site. Sewer service for Lot 2 will be provided via a private lift station on the site which will pump the effluent to the Southwest Interceptor running along Highway 1. Large Scale Non -Residential Development Plan: The conditional zoning of the Westport Plaza site, if approved by the City Council, will require the developers to provide landscaping along the entryway and screening on the west boundary of the project, and restrict signage and the type of lighting used. These requirements exceed those of the LSNRD regulations and the zoning ordinance (a copy of the executed agreement is attached). In addition to the conditions of the rezoning, the LSNRD plan and accompanying landscaping plan generally meet the requirements for a preliminary large scale non-residential development. A proposed layout of buildings with anticipated uses and approximate square footages has been submitted. The exact size and configuration of the buildings may vary with administrative approval of the final plan. Access to the site is planned at a major four -lane entrance on the northwest side of the property. Another entrance will extend from the existing unimproved public right-of-way at the northeast corner of the site; this entrance will be improved to two lanes on 30 feet of paving. The main drives throughout the project are 30 feet in width, 2 feet wider than Iowa City local streets, and should provide adequate traffic circulation on the site. Access to Neighboring Properties: The site plans shows the frontage road in front of Carousel Motors terminating near the west boundary of the Carousel property. This road was not continued through the Westport Plaza site in an effort to avoid creating a frontage road problem similar to that at Keokuk, Highway 6 and Hollywood Boulevard where insufficient distance exists between Hollywood Boulevard and Highway 6 for left - turning traffic to stack. To ensure that a private access between a development of the type and size of Westport Plaza and Lot 1 does not occur, resulting in a "short-cut" through Lot 1 (Carousel Motors) to the frontage road and Highway 6, access points on the property line between Westport Plaza and Lot 1 should be prohibited. Property to the west of the Westport Plaza site may gain access to Highway 1 over an access easement shown on the east/west drive serving the shopping center. With administrative approval of the final plan, a document granting access over the center's drive to the remainder of the Ruppert tract will be required. Transit Service: Transit service to Westport Plaza can be made available with modifications to an existing route. Bus service through the center will require that the bus lane be constructed to a higher standard than the other travel lanes. It is ■ 4 anticipated that the bus route would travel the outer lane, away from the stores, due to the fact that shoppers often park in the fire lane and obstruct bus service. An agreement with the Joseph Company holding the City harmless for any wear on the driveways due to bus traffic will be necessary prior to final plan approval. Airport Overlay: The proposed project is in the transitional and horizontal overlay zones and is therefore subject to only height restrictions, not use restrictions. The buildings and trees shown on the plan are in compliance with the overlay zone; all trees will need to be kept trimmed to a height not to exceed the overlay zone restrictions. Prior to final plan approval, Federal Aviation Administration (FAA) acceptance of the plan must be submitted. Economic Impact: Westport Plaza is valued by the developer at approximately $12 million. The City's portion of the tax levy imposed is $11.69523/$1,000 assessed valuation; this equates to $140,342 in anticipated tax revenue per year from this project. Immediate public costs associated with this project include approximately $85,000 for the extension of the water main along Highway 1; this cost may be recouped over time as other development in the area accesses the main line. Indirect costs of this development include police and fire protection and the extension of transit service. It is not expected however that this development will inhibit the provision of municipal services. STAFF RECOMMENDATION: The staff recommends that the amended preliminary plat for Ruppert Subdivision, Part 1 and the resubdivision of Lot 1, Ruppert Subdivision, Part 1 be approved and the preliminary large scale non-residential development plan for Westport Plaza be deferred pending resolution of the deficiencies and discrepancies listed below. DEFICIENCIES AND DISCREPANCIES: LSNRD 1. Use the same site plan base for landscaping and for site plan. 2. The title should read: "Preliminary Large Scale Non -Residential Development Plan - Westport Plaza." 3. Submit a letter outlining the time schedule for construction. 4. Submit documentation sent to and/or received from IDOT and FAA. 5. Include the future garden shop in the building data. 5 d 6. Include a note which reads: "The building footprints and dimensions shown on this plan are approximate. The uses shown on Outlots A and B are the intended uses; retail or office uses may be placed on these outlots with y administrative approval of the final plan." 7. Include on the label for "Proposed Buildings" - approximate sizes. i; j 8. Include a note reading: "No access shall be provided to Lot 1, Ruppert t? Subdivision Part One from Westport Plaza." j v i; ATTACHMENT: Conditional Zoning Agreement. i ACCOMPANIMENTS: t, Subdivision plat. H } Large scale non-residential development plan. Landscaping plan. ! i L. .. Approved by: Aaldchmeiser, Director 1 Department of Planning and Program Development II I /0/7 CONDITIONAL ZONING AGREEMENT This Agreement Is entered by and between The Joseph Company ('Joseph Companym) and the City of Iowa City, Iowa, a municipal corporation ('City. WHEREAS, Joseph Company has applied for rezoning a 26.084 acre parcel of land from Industrial, 1.1 to Commercial, CC -2 located on the south side of Highway 1 West and legally described In Exhibit 8 attached hereto and incorporated herein by reference. i WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway 1 West is a major entranceway to Iowa City from the southwest and increased traffic is anticipated if this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on granting Joseph Company's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the impact on this major entrance to the City, and acknowledges i responsibility for certain capital improvements to accommodate Increased traffic. THEREFORE, the Parties agree as follows: 2 A. General Condhions 1. Parties acknowledge Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company agrees and acknowledges this policy is reasonable, proper and appropriate under the circumstances. 2. Parties agree Highway 1 West Is a major entranceway to Iowa City from the southwest. Joseph Company acknowledges the City's policy concerning entranceways governs this rezoning request. To this end, Joseph Company agrees to provide certain amenities over and above City regulations In order to lessen the Impact on the surrounding area, more particularly described below. 3. Parties acknowledge and agree that the proposed rezoning from 1-1 to CC -2 will permit commercial uses, not otherwise contemplated under 1-1 zoning, and that the rezoning request herein will generate higher traffic than under I- 1. Joseph Company agrees that, In order to lessen the Impact on the surrounding area, it will construct certain capital Improvements, more particularly described below. B. Conditions - Amenities 4. Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed as a cohesive, Integrated development with one major entrance on Highway 1 West. 's 3 fr r; Nothing In this Agreement shall preclude a secondary entrance at the eastern t boundary of the Site Development. a r P 5. in order to lessen the Impact on one of the major entrances to the City, Joseph Company agrees that the Development Site will substantially conform to the i Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto. This Plan includes and shall satisfactorily address the following concerns: a. Joseph Company agrees that no more than two (2) free-standing signs will be permitted on the Development Site, as shown on the Conceptual Site Pian dated April 20, 1989 and incorporated herein by reference. b. Signage on the wall of Anchor No. 1 facing Highway 1 West is prohibited. C. Signage on the rear wail of Anchor No. 1 is prohibited. d. Arborvitae screening shall be placed along the southwest boundary of the Development South of the frontage road, as shown on the Conceptual i Site Plan. e. All lighting shall be downcast, and all signage shall be internally Illuminated. f. Plantings along the right-of-way shall be a mix of deciduous trees with varied groupings of evergreens, as shown on the Conceptual Site Plan. i i 2 9. Low -ging evergreen landscaping shall be deemed appropriate along the major entrance to the Development Site from Highway 1 West. 8. Parties agree that the Conceptual Site Plan dated April 2% 1989 will be subject to modifications within the general parameters of the Conceptual Site Plan, such as structural dimensions and tree species. Parties further agree that any modifications departing from this Conceptual Site Plan must and shall be subject to staff review and approval. Parties also agree that nothing in this Agreement shall be construed to require Joseph Company to conform to the Conceptual She Plan in every detail, since the Plan Is Intended as conceptual In nature due, In part, to the fact that only one of the anchors are currently identified. Dimensional changes are therefore anticipated. Parties further agree that the Conceptual Site Plan shall govern the Development She, and that neither Party may intentionally digress from this Conceptual Site Plan for any arbitrary reason. 7. Joseph Company agrees that the final design of the Development She shall provide facades In the retail centers that are compatible and that provide horizontal continuity, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. 6 C. Conditions - Off -Site Imorovements 8. Joseph Company agrees to assume total financial responsibility for the off-site Improvements required by this Development She, specifically: a. Any geometric changes in the Highway 1 West right-of-way associated with the major entrance; b. Signalization (traffic light) to be placed at the main entrance to the Development She on Highway 1 West as shown In the Conceptual Site Plan; and C. Improvement of the north -south right-of-way east of Carousel Motors from the existing frontage road to the north boundary of the Development Site. Joseph Company agrees these Improvements will be made to City standards. 9. Nothing in this Agreement shall be construed to relieve Joseph Company from complying with all applicable local and state regulations, and Joseph Company acknowledges this obligation. 8 10. Parties agree that this Conditional Zoning Agreement shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assigns of the property being rezoned herein. Parties further agree that this Conditional Zoning Agreement shall be incorporated by reference into the Rezoning Ordinance; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the above restrictions. Dated this day o1 CITY OF IOWA CITY By: Mayor 1989. JOSEPH 9OMPANY By: Attest: Attest: / : :4,"nL Marian K. Karr, City Clerk Secretary STATE OF IOWA ) as: JOHNSON COUNTY ) h On this 2day of' -Mali—, 19_, before me, a State Notary Public in and for the of Iowa, personally appeared John McDonald 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 seal of the corporation, and that the Instrument was signed and seated on behalf of the corporation, by authority of its City Council, as contained In (Ordinance) (Resolution) No, passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the _ day of , 19_ and that John McDonald and Marian 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. Notary Public in and for the State of Iowa 7 STATE OF ILLINOIS ) PEORIA COUNTY ) r ppqq On this day of , A.D. 1S 0 // before me, the undersigned, a Notary Public in and for the State of low , personally appeared David S. Joseph, to me personal known, who, being by me duly sworn, did say that he Is the President and —Secretary respectively, of said corporation executing the within and foregoing Instrument to whlch this N attached, that (no seat has been procured by the said) corpora, Wn; that said Instrument was signed (and sealed) on behalf of (the seal affixed thereto Is the seal of said) said corporation by authority of ft Board of Directors; and that the said President and 5=notary 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 executed. am Not and dfor sa(q Couhty and State ISP 'V'11D PORM -CL C LEGAL DEPARTMENT �/y /0/7 EXHIBIT B WESTPORT PLAZA Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence NOO-51'23"E (An Assumed Bearing), along the East Line of said Southwest Quarter 230.00 feet, to the Point of Beginning; Thence continuing NOO.51'23"E along said East Line of the Southwest Quarter, 927.17 feet, to a Point which is 500.00 feet southerly of the Intersection of said East Line with the Southerly Right -of -Way Line of Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land conveyed to the City of Iowa City, Iowa, by Warranty Deed, Recorded in Deed Book 568, at Page 286, of the Records of the Johnson County Recorder's Office; Thence N89.08'37"W, 60.00 feet to the Southwest Corner of said tract; Thence SOO.51'23"W, along a line which is parallel with and 60.00 feet Westerly of said East Line of the Southwest Quarter 133.69 feet, to the Southeast corner of Lot 1, of Ruppert Subdivision, Part One, as Recorded in Plat Book 27, at Page 15, of the Records of the Johnson County Recorder's Office; Thence N89.08'31"W, along the Southerly Line of said Lot 1, 225.71 feet; Thence N49.57'39"W, 638.66 feet, to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. 1; Thence Southwesterly 8.81 feet, along said Southerly Right -of -Way Line on a 2231.9 foot radius curve, concave Southerly whose 8.81 foot chord bears S70.07'13"W, to a Point which is 156.2 feet radially distant Southeasterly of the Centerline of said Iowa Primary Road No. 1, at Station 146+50; Thence 558.21118"W, along said Southerly Right -of -Way Line 330.50 feet, to a Point which is 160.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 143+00; Thence S48.18'47"W along said Southerly Right -of -Way Line, 423.33 feet, to a Point which is 180.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 138+50; Thence 544.00'45"W, along said Southerly Right -of -Way Line, 220.30 feet, to a Point which is on the Northeasterly Limits Line of the Existing Airport Clear Zone; Thence S49.57'39"E, along said Northeasterly Limits Line, 926.91 feet, to a Point on the North Line of the Parcel conveyed to the City of Iowa City by Warranty Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson County Recorder's Office; Thence N89.42'40"E, along said Northerly Line, 811.94 feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. 1017 ■ RESOLUTION NO. 89-132 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR WESTPORT PLAZA, LOT 2, RUPPERT SUBDIVISION, PART ONE. WHEREAS, the owner, Joseph Company, has filed an application for approval of a preliminary Large Scale Non -Residential Development plan for Westport Plaza on Lot 2, Ruppert Subdivision, Part One; and WHEREAS, Lot 2, Ruppert Subdivision, Part One, the site of Westport Plaza, has been conditionally.rezoned from I-1 to CC -2; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development plan and have found that it conforms to the conditions of the rezoning and therefore recommend approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Non -Residential Development plan for Westport Plaza is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary Large Scale Non -Residential Development plan for Westport Plaza, Lot 2, Ruppert Subdivision, Part One is hereby approved with a restriction that no access be provided from Westport Plaza to Lot 1, Ruppert Subdivision, Part One. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. OR �� // ie<ga �as�t� orm ATTEST: �/UAI Ani V. Ylnae)CI CLERK Department 6—G— I9 /018 City of Iowa City MEMORANDUM Date: June 8, 1989 To: City Council 6C�� From: Karin Franklin, Senior Plannar Jim Brachtel, Traffic Engineer �jr�J Re: Pedestrian Walk Light at Westport Plaza With the Planning and Zoning Commission's recommendation for approval of the Large Scale Non -Residential Development (LSNRD) plan for Westport Plaza, the Commission discussed the need for a pedestrian walk light with Installation of the signal at the main entrance to the shopping center. The Commission has recommended that a walk light be Installed when the traffic light is initially installed. We would caution the Council against this action. Westport Plaza, like the other businesses on Highway 1, is an autooriented development. It Is not anticipated or encouraged that people walk along Highway 1 West. This is not to say that some individuals won't. However, we do not feel that the City Is wise to encourage people to do so. Highway 1 West is Intended to function as a four -lane primary arterial, a major highway carrying 15,000 to 30,000 vehicles a day at speeds of 35 mph to 55 mph, With signalization along the corridor, the speed of traffic will be reduced but there is no expectation that the number of cars will diminish. None of the businesses along Highway i have sidewalks and there are no sidewalks which would tie into the walk light proposed. By installing the walk light, the City would be sending a message to people that it was appropriate to walk along the highway and cross it at the point of Westport Plaza's entrance. We recommend that the specifications for a traffic signal Include a fixture that would permit installation of a walk light In the future if and when there is a demand for it, and if and when the sidewalks are installed to provide a place for pedestrians to go. cc: Planning & Zoning Commission bc3-3 r s.. 5: Y gr:{ an tJ t, 8r1 tr� Z'I 1�7 CY ya City of Iowa City MEMORANDUM Date: June 8, 1989 To: City Council 6C�� From: Karin Franklin, Senior Plannar Jim Brachtel, Traffic Engineer �jr�J Re: Pedestrian Walk Light at Westport Plaza With the Planning and Zoning Commission's recommendation for approval of the Large Scale Non -Residential Development (LSNRD) plan for Westport Plaza, the Commission discussed the need for a pedestrian walk light with Installation of the signal at the main entrance to the shopping center. The Commission has recommended that a walk light be Installed when the traffic light is initially installed. We would caution the Council against this action. Westport Plaza, like the other businesses on Highway 1, is an autooriented development. It Is not anticipated or encouraged that people walk along Highway 1 West. This is not to say that some individuals won't. However, we do not feel that the City Is wise to encourage people to do so. Highway 1 West is Intended to function as a four -lane primary arterial, a major highway carrying 15,000 to 30,000 vehicles a day at speeds of 35 mph to 55 mph, With signalization along the corridor, the speed of traffic will be reduced but there is no expectation that the number of cars will diminish. None of the businesses along Highway i have sidewalks and there are no sidewalks which would tie into the walk light proposed. By installing the walk light, the City would be sending a message to people that it was appropriate to walk along the highway and cross it at the point of Westport Plaza's entrance. We recommend that the specifications for a traffic signal Include a fixture that would permit installation of a walk light In the future if and when there is a demand for it, and if and when the sidewalks are installed to provide a place for pedestrians to go. cc: Planning & Zoning Commission bc3-3 RESOLUTION NO. 89-133 RESOLUTION APPROVING THE FINAL PLAT OF CAMERON SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners, William T. & Vlasta Cameron, Edwin B. & Melodie D. Werth, Gary L. & Vicki L. Bishop, Craig M. & Susan Byers, Scott G. & Janice Byers, W. Boyd & Cathy J. Crosby, and Raymond J. Happel Trust H2, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Cameron Subdivision, a subdivision of Iowa City, in Johnson County, Iowa, which is legally described as follows: j'. Commencing at the southwest corner of the southeast quarter, of the I northwest quarter of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian; thence S 88°23'08" E, (an assumed bearing) along the south line of the northwest quarter of said 1 Section 17, 33.00 feet, to its intersection with the southerly ; projection of the easterly right-of-way line of Mormon Trek ..., Boulevard; then N O1044'23" E, along said easterly right-of-way d i ? line, 3.75 feet, to its intersection with the northerly right-of- way line of West Benton Street, and the Point of Beginning; thence } N 01044'23" E, along said easterly right-of-way line 305.21 feet; 3'L thence S 88015'37" E, 21.00 feet; thence N 01144'23" E, 32.00 feet; j thence N 88115'37" W, 21.00 feet; to a point on said easterly right- of-way line of Mormon Trek Boulevard; thence N O1044'23" E, along 3 said easterly right-of-way line, 992.18 feet, to its intersection with the westerly projection of the southerly line of Part Two, 1 ,i „ Macbride Addition to Iowa City, Iowa, as recorded in Plat Book 12 at Page 83,of the Records of the Johnson County Recorder's Office; thence S 830 39 22 E, along said southerly line, 585.14 feet, to the ! southeast corner of Lot 69 of said Part Two Macbride Addition; thence 62006'52" E, along said southerly line 75.51 feet, to the ' northwest corner of Lot 96 of Part Four Macbride Addition to Iowa City, Iowa, as recorded in Plat Book 23, at Page 77, of the Records of said Johnson County Recorder's Office; thence S 01144'23" W, 1,233.12 feet along the westerly line of said Part Four, Macbride Addition and the westerly line of Part Three, Macbride Addition to (!; Iowa City, Iowa, as recorded on Plat Book 19, at Page 66, of the Records of said Johnson County Recorder's Office, said line being l projected to a point on the northerly right-of-way line of West Benton Street, which is 33.00 feet normally distant northerly of the center line thereof; thence N 89°40'21" W, along said northerly right-of-way line 218.68 feet; thence N 00°19'39" E, 21.00 feet; thence N 89040'21" W, 32.00 feet; thence S 00°19'39" W, 21.00 feet to a point on said northerly right-of-way line of West Benton Street; thence N 89040'21" W, along said northerly right-of-way line, 400.52 feet, to the Point of Beginning. Said tract of land contains 19.30 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final plat of Cameron Subdivision and have recommended approval of same; and Resolution No. 89-133 Page 2 WHEREAS, the final plat of Cameron Subdivision has been examined by the Planning and Zoning. Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said plat and subdivision located on the above-described real estate be and the same are hereby approved and the dedication of the streets and easements is hereby accepted as provided by law. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law; and the owner/subdivider shall record the legal documents and the final plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. OR Appro dd as t Form ATTEST: ai Ko aw� O CITY CLERK Legal Department I City of Iowa City MEMORANDUM Date: June 1, 1989 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: S-8915. Cameron Subdivision As stated at Tuesday night's informal meeting, staff has revised its position regarding the installation of the eight (8) foot sidewalk on Mormon Trek Boulevard and the four (4) foot crosswalk extending south of Elliot Court between Lots 11 and 12. Staff concurs with the Commission's earlier recommendation on the preliminary plat of Cameron Subdivision, requiring the installation of the sidewalks up front with the other paving in the subdivision. The June 1, 1989, staff report, suggested delaying installation of these sidewalks until after homes are constructed on adjacent lots. It was felt by delaying construction of these sidewalks it would save in having to replace sections of sidewalk broken up during the construction process. Consideration was not given to the public function of these sidewalks which go far beyond providing pedestrian access to the adjoining lots. As a follow-up to Tuesday night's discussion, I communicated with Mr. William Happel and he has agreed to the Immediate installation of the eight (8) foot sidewalk on Mormon Trek Boulevard provided the four (4) foot crosswalk extending south of Elliot Court could be delayed until after homes are constructed on Lots 11 and 12. This is consistent with the Commission's discussion on Tuesday night. bj/pc2 �I y; II u . STAFF REPORT To: Planning and Zoning Commission Item: S-8915. Cameron Subdivision. GENERAL INFORMATION: Prepared by: Barry Beagle Date: June 1, 1989 Applicant: Bill Happel 510 S. Clinton Street Iowa City, Iowa 52240 Phone: 354-0581 Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Final plat approval of Cameron Subdivision. To establish a 33 -lot residential subdivision. At the northeast corner of the intersection of Benton Street and Mormon Trek Boulevard. Plat: 19.30 acres. Undeveloped; RS -5 and PDH -5. North - Single -Family Residential; PDH -8. East - Single -Family Residential; RS -5. South - Willowcreek Park; P. Undeveloped; RS -8. West - Commercial and Undeveloped; CNA and RM -12. Comprehensive Plan: 8; Applicable regulations: Provisions of the Zoning Ordinance, Subdivision y; Development Regulations, and Stormwater Management Ordinance. File date: April 12, 1989. Limitation periods: #i 60 -day: June 13, 1989, SPECIAL INFORMATION Public utilities: v1 Public services: Police and fire protection are available. Sanitation service for the single-family lots to be provided by the City, and by a private hauler for the condominium units. r: f. fr STAFF REPORT To: Planning and Zoning Commission Item: S-8915. Cameron Subdivision. GENERAL INFORMATION: Prepared by: Barry Beagle Date: June 1, 1989 Applicant: Bill Happel 510 S. Clinton Street Iowa City, Iowa 52240 Phone: 354-0581 Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Final plat approval of Cameron Subdivision. To establish a 33 -lot residential subdivision. At the northeast corner of the intersection of Benton Street and Mormon Trek Boulevard. Plat: 19.30 acres. Undeveloped; RS -5 and PDH -5. North - Single -Family Residential; PDH -8. East - Single -Family Residential; RS -5. South - Willowcreek Park; P. Undeveloped; RS -8. West - Commercial and Undeveloped; CNA and RM -12. Comprehensive Plan: Residential; 2-8 DU/A. Applicable regulations: Provisions of the Zoning Ordinance, Subdivision Regulations, Large Scale Residential Development Regulations, and Stormwater Management Ordinance. File date: April 12, 1989. Limitation periods: 45 -day: June 1, 1989, 60 -day: June 13, 1989, SPECIAL INFORMATION Public utilities: Adequate water and sewer service are available. Public services: Police and fire protection are available. Sanitation service for the single-family lots to be provided by the City, and by a private hauler for the condominium units. Page 2 Transportation: Vehicular access to the single-family units provided by Mormon Trek Boulevard and the extension of Spencer Drive; and to the condominium developments via Benton Street. The site is also located on the Mark IV transit route. Physical characteristics: The site is moderately sloping, draining to the south into Willow Creek which passes through the southwest portion of the site. BACKGROUND: Bill Happel has initiated application for final plat approval of Cameron Subdivision, a 19.30 acre, 33 -lot residential subdivision. The northern two-thirds (2/3) of the 19.30 acre site is subdivided Into 32 single-family lots zoned RS -5 with the southern one-third (1/3), Lot 33, the site of a proposed condominium development known as Willowbrooke Pointe Condominiums and zoned PDH -5. The preliminary PDH plan and zoning of Lot 33 was approved by the City Council on April 18, 1989, and was followed on May 2, 1989, with the approval of the preliminary plat for Cameron Subdivision and preliminary LSRD plan for Willowbrooke Pointe Condominiums, Application for final PDH plan approval is to follow the Commission's consideration of the final plat. ANALYSIS: The final plat of Cameron Subdivision is in compliance with the design of the approved preliminary plat and the requirements of the subdivision regulations, zoning ordinance and stormwater management ordinance. The legal papers and construction plans have been submitted and are currently under review by staff. The Planning and Zoning Commission had recommended the preliminary plat be approved subject to the Subdivider's Agreement, submitted at the time of final plat application, requiring the installation of an eight (8) foot sidewalk along Mormon Trek Boulevard and the crosswalk extending south of Elliot Court with the other paving in the subdivision. The Subdivider's Agreement deviates from this recommendation and only provides for the Immediate installation of the eight (8) foot sidewalk along Mormon Trek Blvd, across the frontage of Lot 33. The Installation of the balance of this sidewalk and the crosswalk extending south of Elliot Court would be delayed until after homes are constructed on the adjoining lots and a lien will be placed on the lots. Delaying the installation of these sidewalks until homes are constructed on the adjacent lots saves having to replace sections of sidewalks broken up during the course of construction. Only after the sidewalks are installed will a sidewalk release be Issued by Housing and Inspection Services Department; releases are required prior to bank approval of mortgages. The City is assured by this process that all the required sidewalks will be constructed. STAFF RECOMMENDATION: Staff recommends that the final plat of Cameron Subdivision be approved. /40021 Page 3 ATTACHMENTS: 1. Location map. Final plat of Cameron Subdivision. Approved by: D aid Schmeiser, Director Department of Planning and Program Development 1 S'. i:. "r All .. - d.; 1:}}� "t 1 q,`111j r 4i � �i t ltt� a Ir (k 4(5 1 �ta�l r� V ;1 � J 33 a, q, Page 3 ATTACHMENTS: 1. Location map. Final plat of Cameron Subdivision. Approved by: D aid Schmeiser, Director Department of Planning and Program Development LOCATION MAP Cameron Subdivision S-8915 /4002/ RESOLUTION NO. 89-134 RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR SYCAMORE MALL. WHEREAS, McDonald's Corporation, on behalf of JMB Properties, the owners of Sycamore Mall, has filed an application for approval of an amended preliminary Large Scale Non -Residential Development Plan for Sycamore Mall; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan for Sycamore Mall is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary Large Scale Non -Residential Development Plan for Sycamore Mall incorporating a McDonald's Restaurant is hereby approved. It was moved by Balmer and seconded by Horowitz the Resolution be adopted, antedupon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. 0 Appr � vedto Form Al. �a ATTEST: //�esqu� u� �,(.c, CI CLERK Lega Department �-6-G1r 6, STAFF REPORT To: Planning and Zoning Commission Prepared by: Karin Franklin Item: S-8918. Sycamore Mall Amended Large Scale Date: March 18, 1989 Non -Residential Development Plan. ( GENERAL INFORMATION: , Applicant: JMB Properties/McDonalds Corporation Requested action: Approval of amended Large Scale Non - Residential Development Pian. y Purpose: To redevelop a portion of Sycamore Mall. Size: Mall - 15.47 acres. Comprehensive Plan: General Commercial. ; Existing land use and zoning:Shopping center; CC -2. f i Surrounding land use and zoning: North - Single-family residential, various 4 commercial establishments, Oral-B ' Industries; RS -5, CC -2, 1-1. i East - Various commercial establishments; CC -2, v South - Highway 6 right-of-way, single-family i residential; RS -5. West - Single-family residential; RS -5. Applicable regulations: Zoning Ordinance, Large Scale Non -Residential Development regulations, Stormwater Management Ordinance. 45 -day limitation period: July 3, 1969 ' SPECIAL INFORMATION l ` ' Public utilities: Sewer and water service are provided to the site. Public services: Police and fire protection are available. Sanitation services will be provided by a private hauler. s Transportation: Direct access to the Mall is from Sycamore Street and Lower Muscatine Road. Transit r service is currently provided through the center. t Topography: Relatively flat. � I Page 2 ANALYSIS: The Large Scale Non -Residential Development (LSNRD) plan for Sycamore Mall requires amendment to place a McDonald's restaurant in the general location of the former Mobil Station site. The lease lot for McDonald's will be slightly northwest of the gas station site, allowing for parking and a landscaped area at the Mall entrance on Lower Muscatine Road and Mall Drive. The building layout and parking configuration of the McDonald's project generally comply with the LSNRD requirements and the Zoning Ordinance. Specific compliance will be required with final plan approval. Traffic Circulation and Parking An Increase in traffic at the Mall entrance and Lower Muscatine Road is anticipated with this project, particularly during the noon hour and in the early evening. Since the drive4hru area is at the northwesterly edge of the lease lot, approximately 208 feet from the main Mall entrance, the increase in traffic should not Impede the flow of traffic on Lower Muscatine Road. Traffic entering the Mall from Lower Muscatine Road will be able to make a right turn into the site at the entry which is placed 25 feet from the Intersection of the Mall entrance drive and Lower Muscatine Road. The site entry is 5 feet farther from the corner than the 20 foot requirement for placement of drives in proximity to the intersection of two streets (Sec. 31-60). In the drive-thru area there is space for approximately 10 cars to stack from the most easterly window without encroaching on parking spaces, To alleviate conflicts between drive-thru patrons entering from the westerly entrance of the Mall (near Randalls) and traffic which is northwestbound through the McDonald's parking area, a design has been submitted which would allow traffic from the northwest to approach the drive- thru service area by going around the building site and entering the northerly westbound aisle to the drive-thru without entering the main Mall entrance. This configuration may lead to an excessive variety of traffic movements at the southeast corner of the McDonald's site near the pick-up windows and adjacent parking. This additional lane should be removed as shown on the attached drawing. Additional raised medians are necessary to properly direct traffic and avoid congestion. Although there is a decrease in the number of parking spaces provided, the entire Mall remains In compliance with the Code requirements. Stormwater Management Stormwater management will not be required since the area Is already paved and there will be no Increase in impervious surface with this project. Economic Impact The value of the McDonalds project is approximately $340,000. With a levy of $11.69523/$1,000 assessed valuation, the anticipated tax revenue generated by this project will be $3,976 annually. There are no public capital costs associated with this project and it Is not anticipated that the development will inhibit the adequate provision of municipal services. /oIRX Page 3 The staff recommends that the amended LSNRD plan for Sycamore Mall be deferred pending resolution of the deficiencies noted below. DEFICIENCIES & DISCREPANCIES: 1. Provide additional raised medians to delineate traffic lanes. 2. Show stacking spaces from the easterly window. 3. Show traffic directional arrows for parking abutting the McDonald's site. 4. Delete lane at east end of site. ATTACHMENTS: 1. Letter outlining construction schedule 2. Proposed redesign. 1. Site plan. Approved by: onald chmeiser, Director Department of Planning and Program Development i �i 'll i pmcf Donj's D McDonald's Corporation 1650 West 82nd Street, Suite 900 Bloomington, Minnesota 55431-9888 612/884-4355 May 16, 1989 t Karin Franklin Senior Planner City of Iowa City Civic Center _ (' 410 East Washington Street „ Iowa City, Iowa 52240 Subject: McDonald's Proposed Restaurant L Sycamore Mall 1 I' I - - Iowa City, IA - ] J! Dear MS. Franklin: 1 ! The proposed construction schedule for the McDonald's Restaurant in Sycamore Mall is as follows: i� i I. Start Construction June 26, 1989 I �� 2. Site Work Complete July 31, 1989 3. Building Complete September 21, 1989 4. Landscaping Complete September 21, 1989 j F I� 5. Restaurant Open September 22, 1989 Should you have any questions, please contact me. Sincerely, i .Fre ynollds .. Construction Engineer Minneapolis Region jw/1247C i I i a cc COz cr a) ca (D c 0 E co rr - - - - - - - - - - IN pj c RESOLUTION NO. 89-135 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART 3, OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, A&A Coins, Inc., Thomas Wegman and Doris Marchael, have Tiled with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Prairie View Estates, Part 3; and WHEREAS, the proposed subdivision Is located in Johnson County and within Iowa City's two- mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development has examined the proposed preliminary plat and has recommended denial due to the lack of secondary access available to the subdivision; and WHEREAS, the Public Works Department has examined the proposed preliminary plat and has recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CrrY, IOWA: t. That the preliminary plat of Prairie View Estates, Part 2, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law. it was moved by Amhr;sco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald ;r.-�`c A R 4 Resolution No. 89-135 Page 2 t i I City of Iowa City MEMORANDUM Date: March 30, 1989 To: Planning and Zoning Commission iFrom: Barry Beagle, Associate Planner Re: S-8829. Prairie View Estates, Part Three The preliminary plat of Prairie View Estates, Part Three, has been deferred at the request of the applicant since November 17, 1988. The applicant has been working on resolution of six (6) deficiencies and discrepancies noted in the November 3, 1988, staff report. The plat proposed to resubdivide the balance of Lot 25, Prairie View Estates, Part One, into 39 residential lots. The sub- division would be made accessible by the extension of Devon Drive and Kyle Drive from within the development. As a development, access to Prairie View Estates would be limited to the intersection of Kyle Drive with Prairie du Chien Road. Enclosed is a revised preliminary plat for Part Three which proposes to resub- divide the northern 19.10 acres of the 57.39 acres, which compose Lot 25, into 13 residential lots. Access to the proposed subdivision is proposed from the extension of Devon Drive that would continue to the east boundary of the develop- ment. The balance of the area previously included in the preliminary plat is now labeled for "Future Development." The lot pattern and street layout of the revised preliminary plat is consistent with the original plat submittal. Of the six (6) deficiencies and discrepancies listed in the November 3, 1988 staff report, items 1 and 5 are no long applicable, item 4 has been satisfied and items 2, 3 and 6 have yet to be resolved. In addition, a stormwater drainage easement should be shown between Lots 40-41. In prior discussion regarding this application, the distinction between residen- tial development located in the City and County had been madewith respect to secondary access. In rural environments, a fire service provider must cover a larger geographical area for which the convenience and necessity of secondary access becomes more critical. It was for this reason and the reasons stated in the November 3, 1988 staff report, that staff is adamantly opposed to any further subdivision unless secondary access can be made available to the development. Reducing the number of lots proposed for Part Three does not diminish the necessity for secondary access to this development for the convenience of its residents and to assure accessibility for the rapid and efficient delivery of emergency and public services. If approved, a total of 48 lots would be served by a single access point onto Prairie du Chien Road. Lacking a means of secon- dary access for the development, staff continues to recommend that the prelimi- nary plat of Prairie View Estates, Part Three, be denied. tpl-1 Attachments: 1. Revised Preliminary Plat - Prairie *Estatt Three. Approved bDirectorPlanning and Program Development 10aR 3 Sl I,OCA=ON MAP S-8829 Prairie View Estates, Part Three I 4 I e STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Item: S-8829. Prairie View Estates, Date: November 3, 1988 Part 3 GENERAL INFORMATION: Applicant: Thomas Wegman Requested action: Purpose: Location: Size: Existing improvements: Existing land use and zoning: Surrounding land use and zoning: Fringe Area: Applicable regulations: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: 447 Douglas Court Iowa City, Iowa 52240 Phone: 338-6570 Owners: Thomas Wegman, AU Coins, and Doris Marchael Preliminary subdivision plat approval. To establish a 39 -lot residential subdivision. Immediately north of I-80 and east of Prairie du Chien Road in the County. 56.21 acres. None. Agricultural; RS. North - Agricultural; RS. South - I-80 (Iowa City Corporate limits); RR -1. East - Agricultural; RS. West - Residential; RS. Area 3; Residential development is encouraged. Provisions of the City's Sub- division Regulations, and Stormwater Management Ordinance, Fringe Area Policy Agreement, and City Rural Design Standards. October 12, 1988. November 28, 1988. Public utility systems are presently not available. Individual septic systems for /DA.3 'i �I i Page 2 sewage disposal are proposed. A Private common well and water distribution system is proposed. ten -foot front lot line utility easements are shown adjacent to each street. Public services: Police protection would be provided by Johnson County with fire protection provided by the Solon Fire Department. i Transportation: The subdivision is accessible via extension of Kyle Drive and Devon Drive. Access to the development is limited to the intersection of Kyle Drive with Prairie du Chien Road. Physical characteristics: The site is characterized by heavily wooded and steep side slopes with grades ranging from 5% to 40%. i BACKGROUND: i 1 The applicant is seeking esubdivide the remainder of Lot 25, Pririe View aEstates, Part o1, which roval to rrepresents the balance of the development. Altogether, Prairie View Estates comprises more than 97 acres with approximately 33 acres subdivided into 24 lots for Part 1 in 1983, and approximately 14 acres subdivided into 10 lots for Part 2 in j 1987. Lot 25 was identified for future development an the preliminary plat for Part One, and was included as part of the subdivision since the storm - water detention basins were located in this area. The proposed preliminary plat residential dilotss the known aasnce of PrairieoView Estates, Part .31 acres, TThe proposed subdivision includes the resubdivision of Lots 12, 13, 14, 15 and 16 in Part 1. ANALYSIS: The subject parcel is located immediately north of the Iowa City corporate limits within Area 3 of the Iowa City/Johnson County Fringe Area Policy Agreement. The development policy for Area 3 encourages residential development, and since annexation of this area is not anticipated in the foreseeable future, new subdivisions are to conform with the City Rural Design Standards. The proposed subdivision provides for 34 additional residential lots for a development total of 68 lots. The pattern of development and individual lot sizes are comparable with those of the previous two subdivisions. Access would be provided by the extension of Devon Drive and Kyle Drive both of which are proposed to be extended to the east boundary of the subdivision. Each lot within the subdivision conforms with the 40,000 square foot minimum lot size requirement of the RS zone (County). Page 3 That plat indicates that streets are to be constructed of six-inch stone base and chipseal surface 29 feet wide. This standard is consistent with City Rural Design Standards although only a 22 foot surface is required. The streets in previous additions are constructed with six inches of concrete. For the sake of continuity and because Devon Drive and Kyle Drive will serve as collectors for this area in the future, staff would suggest a uniform street standard exist throughout the development. The preliminary plat proposes a replat of Lots 12, 13, 14, 15 and 16 of Prairie View Estates, Part One. Banbury Circle, as originally platted, is proposed to be vacated and in lieu thereof an 18 -foot wide common access drive with chipseal surface would be constructed on Lot 13. Lots 12 and 14 would continue to have standard frontages on Kyle Drive with Lots 13 and 15 designed as "flag lots", each with 40 feet of frontage on Kyle Drive. The common access drive is intended to serve Lots 13 and 15 and may also be used by Lot 14 if a house is constructed in the southwest corner of the lot as identified on the plat. Staff does not object to the reconfiguration of the four lots since the drive will be constructed at a grade not over 10% with a chipseal surface consistent with City Rural Design Standards. An easement should be designated over the access drive granting the right of access to Lots 14 and 15, and include a mechanism to insure the perpetual maintenance of the drive. Lot 16, north of Kyle Drive is also proposed to be replatted. An additional 0.9 acres is to be added to the lot and provides the possible location of the building site. A drainageway with a 30 -foot drainage easement separates the possible building site from the possible septic system location shown on the site of the original Lot 16. This is an undesirable situation and may prevent the development of this lot. A note was placed on the preliminary plat for Part 1 which indicated that "Lot 16 may require something other than the conventional septic tank/absorption bed system of sewage treatment." The proposed method of sewage disposal should be identified and submitted to the Johnson County Health Department for review and approval. Transportation: A major issue associated with the subdivision of Part 2 concerned secondary access. Should Part 3 be approved, a total of 68 residences would be served by a single access onto Prairie du Chien Road. Secondary access is important for developing residential areas because as interior lots are platted further away from the primary street, the ease of providing emergency and public services and the convenience of access for the residents of the development diminishes. Recognizing these problems, the City took the position with the subdivision of Part 2 that no further resubdivision of Lot 25 be allowed until secondary access is established for the entire development. Providing more than one means of access to a developing residential area will inure to the benefit and convenience of its residents; assure accessibility for the rapid and efficient delivery of emergency and public service vehicles; and reduce the impact on existing neighborhoods by limiting through traffic on local streets. Without secondary access, all traffic will be forced to funnel through Kyle Drive. As a result, the efficiency of this local road will be reduced as congestion increases and the convenience of access for the residents diminishes. Restricting further development until secondary access is established is consistent with earlier positions taken by the City. Devon Drive is intended to function as a collector street, being designed with a right-of-way width of 66 feet. The preliminary plat for Part 1 provided for this collector road to tie the development with properties to 1&4123 f Page 4 the north and east. It was intended that Devon Drive provide the means of secondary access for the development as well as serve as the primary transportation link between Prairie du Chien Road and Highway 1 to the east for properties between Rapid Creek and I-80. To protect this function, the legal papers for Part 2 indicated that Devon Drive shall remain open to the public and accessible from adjoining property. It was assumed that Devon Drive would be extended north to intersect with Prairie du Chien Road to provide the means of secondary access for any further development. Stormwater Management: Stormwater management detention basins for the entire development were anticipated with the approval of Part One with stormwater management easements secured through the two previous sub- divisions. Additional calculations will be required to determine if the existing stormwater management plans continue to satisfy the storage requirements for the entire development. STAFF RECOMMENDATION: Consistent with past policy, staff recommends that the preliminary plat of Prairie View Estates, Part 3, be denied lacking a means of secondary access for the development. DEFICIENCIES AND DISCREPANCIES: 1. Identify common access drive easement. 2. Submission of stormwater management calculations. 3. Submission of a letter from the Johnson County Health Department granting tentative approval to the proposed well and water distribution system and septic system locations. 4. Submission of a letter from the developer's engineer establishing a fire rating for the area and a letter of transmittal from the Solon Fire Department. 5. Identify revised lot area of Lot 16. 6. Identify 20 foot minimum corner lot radii. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat - Prairie View EstaVaDd t 3. Approved by: c hmeiser,, Director Department of Planning and Program Development u �a k +A F x r. �5 r r. it f Page 4 the north and east. It was intended that Devon Drive provide the means of secondary access for the development as well as serve as the primary transportation link between Prairie du Chien Road and Highway 1 to the east for properties between Rapid Creek and I-80. To protect this function, the legal papers for Part 2 indicated that Devon Drive shall remain open to the public and accessible from adjoining property. It was assumed that Devon Drive would be extended north to intersect with Prairie du Chien Road to provide the means of secondary access for any further development. Stormwater Management: Stormwater management detention basins for the entire development were anticipated with the approval of Part One with stormwater management easements secured through the two previous sub- divisions. Additional calculations will be required to determine if the existing stormwater management plans continue to satisfy the storage requirements for the entire development. STAFF RECOMMENDATION: Consistent with past policy, staff recommends that the preliminary plat of Prairie View Estates, Part 3, be denied lacking a means of secondary access for the development. DEFICIENCIES AND DISCREPANCIES: 1. Identify common access drive easement. 2. Submission of stormwater management calculations. 3. Submission of a letter from the Johnson County Health Department granting tentative approval to the proposed well and water distribution system and septic system locations. 4. Submission of a letter from the developer's engineer establishing a fire rating for the area and a letter of transmittal from the Solon Fire Department. 5. Identify revised lot area of Lot 16. 6. Identify 20 foot minimum corner lot radii. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat - Prairie View EstaVaDd t 3. Approved by: c hmeiser,, Director Department of Planning and Program Development LO CAT2 ON MAP S-8829 H � A t -PZclrctv— u,EL�) EsS,T'ar�.rort Final Plat Iovt•a 1a aT3ntceg, ou jel ;IV x - ( n} rtx7u :a1rc x.rirc r..n e4r 91x, r \ / 0 k 1 i2° x.t, mt ' e. I 4-'(1 DEC 9 1983 11 10 IIIc euw. SO-'' s,-' NN «4i MARIAN K. KARR o y9 ,07•' .•°s / CITY CLERfs (1) alai i�•L �s•.�•�50 pl°/029 . 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IN..nn g..,' e - 1)'00'11' se • 0. 00' L • ) m 66dr' er • E)0'l9'11•L • f61.00• 13.11•I1• O 1}.00• • 6 l0' E31'SY551%1 • IP[ Srm_ .lo' utility v ' v Eeum.nl 4•"• r e 41'OD'00^ i. ei1:01' Ch 156 90' • Ir • !)1170'00"[ -1 • 10.00'00• 12 1 11.00' L • ]1.76' T • .00.. ' 2, SIS- tr � fr1'00'00"[ , 3 11\ _ f 1 a H•1}'ll" e • Ss1.0D' 1 L • 119.01' 11 1 T 116. ff' ° u 1 11 Ee.m.nl 1 fif°17'26"E 309.66' 1 Curv. M 9 41111 P m• �jn1 3 I Cur. N 3 ° Curv. M 9 - • 10~ Im9P L. w4• . Yr Curv. N S e. v4•n• ' «• Y Y44'[ Curve N 6 e. 4•u•If• ( y Curve N 7 A. •rw•Y9• �� .. a•III....II r . 4. 1a. 1: Curve M 6 1 e. �r r..• S 1 Cw N 9 .e 4e. 1 9P i a .lw.lr • r . (f 11 .1:., Y• Y YII ..•[ I Cur. N 9-A • .pvr4• ro' L ..AV b•bN Y•YlYl: 4'[ Curve xY 9"6 '. a: u. u•f.• I T•Uaf YI Yae•lia•'[ . Curve IN 10 a •. lii :10"o Ie IV ur•9nf. I RESOLUTION NO. 89-136 RESOLUTION ADOPTING A SCHEDULE OF FEES FOR PLANNING, ZONING AND BOARD OF ADJUSTMENT APPLICATIONS. WHEREAS, the City Council adopted an operating budget by Resolution 89-51 on March 7, 1989; and WHEREAS, that budget contains a projection of revenue to be generated by fees for applications to the Planning and Zoning Commission and City Council and the Board of Adjustment; and WHEREAS, a specific schedule of fees must be adopted to Institute collection of new fees beginning July 1, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the fees for planning and zoning and Board of Adjustment applications noted on the attached schedule, Exhibit A, are hereby adopted and shall be in effect July 1, 1989. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this 13th day of June ,1989. v I % YOR Approv d as to yorm ATTEST:- jnA, J Jl C CLERK gal Department 65-7 d-%` i EXHIBIT A FEES FOR REVIEW OF PLANNING, ZONING AND BOARD OF ADJUSTMENT APPLICATIONS Revised 1989 Subdivision Preliminary - Minor* $490 Preliminary - Major $490 + $15/lot Final $490 Combination - preliminary/final $540 + $15/lot Planned Area Development (OPDH) Preliminary $490 + $15/lot Final Administrative Review $65 Combination - preliminary/final $540 + $15/lot Large Scale Residential Development (LSRD) Preliminary $490 Final $490 Combination - preliminary/final 540 Large Scale Non -Residential Development (LSNRD) Preliminary $490 Final Administrative Review $65 Combination - preliminary/final $ 540 Combination - PAD, LSRD, LSNRD or Subdivision Preliminary $490 + $15/lot Final $490 Combination - preliminary/final $540 + $15/lot Final Administrative Review (OPDH + LSNRD only) $65 Rezoning and Voluntary Annexation $330 Actions of the Board of Adjustment Variance $160 (refundable if Special Exception $265 granted) Other actions $105 Combination - variance, special exceptions $265 + $50/additional action Street Vacations Disposals of Public Property *Minor - subdivisions without streets. $120 $65 + appraisal costs + land costs + chargeback of staff time in excess of $65 1 P F Street Vacations Disposals of Public Property *Minor - subdivisions without streets. $120 $65 + appraisal costs + land costs + chargeback of staff time in excess of $65 Iowa City Plastic Bottle and Jug Recycling Program ifin locations • HyVee Food Store (1201 N Dodge) • Econofoods (1987 Broadway St.) • City Carton Company (3 E Benton). • Robert A. Lee Recreation Center (220 S Gilbert St.) • Streets and Refuse Collection Service Building (1200 S Riverside Drive) • Coralville location—to be determined • Hills Elementary School (Hills) Instructions: Bins are for the collection of plastic bottles and jugs. Yes plastic bottles that once held liquids including: milk and juice jugs, liquid detergent containers, and shampoo bottles NOI No clear plastic containers; No motor oil ''containers; no styrofoam,- and no containers which once held toxic materials 1. Rinse thoroughly. 2. Remove caps. 3. Stop on container to flatten it. If you have questions or would like more information, call 338-8017,337-9109 or 356-5180. Sponsored by: 0 Environmental Advocates and the City of Iowa City I Other Local Recycling centers—lune 1989 Paper Products City Carton Company, 3 E. Benton, Iowa City, 351.2848. City Carton recycles all water-soluble paper products including newspapers, cardboard, plain envelopes, office and computer paper. They cannot accept magazines, envelopes with plastic windows, or certain types of glued paper. The American Cancer Society newspaper drop boxes are handled by City Carton. ; Metal Russell's Salvage, 2750 S. Riverside, Iowa City, 351.4663. Russell's Salvage recycles all types of metal including cars, auto parts, food and beverage cans, and other miscellaneous metals. Petersen Iron & Metal Company, 420 1st St., Coraluille, 351.1331. Petersen's recycles metal including industrial scrap, iron and non- ferrous metals (copper, brass, aluminum and lead), food and beverage cans, etc. Capitol Oil Company, 729 S. Capitol St., Iowa City, 338.8136. Capitol Oil recycles only non-ferrous metals. They cannot accept iron or steel. They also recycle newspaper and corrugated cardboard. Used Waste Oil/Car Batteries Iowa City Street Division Yard, 1200 S. Riverside Drive, 356.6180. The city property on the southeast corner of Highway land S. Riverside Drive has a white shed labeled "Automotive Oil Reclamation." Citizens may dispose of waste oil and car batteries here. For more information contact: Environmental Advocates PO Bar 1831, Iowa City, IA 52244.1831 (337.9109 or 338.8017) Once is not enough, RECYCLE! po? L 3 i Other Local Recycling centers—lune 1989 Paper Products City Carton Company, 3 E. Benton, Iowa City, 351.2848. City Carton recycles all water-soluble paper products including newspapers, cardboard, plain envelopes, office and computer paper. They cannot accept magazines, envelopes with plastic windows, or certain types of glued paper. The American Cancer Society newspaper drop boxes are handled by City Carton. ; Metal Russell's Salvage, 2750 S. Riverside, Iowa City, 351.4663. Russell's Salvage recycles all types of metal including cars, auto parts, food and beverage cans, and other miscellaneous metals. Petersen Iron & Metal Company, 420 1st St., Coraluille, 351.1331. Petersen's recycles metal including industrial scrap, iron and non- ferrous metals (copper, brass, aluminum and lead), food and beverage cans, etc. Capitol Oil Company, 729 S. Capitol St., Iowa City, 338.8136. Capitol Oil recycles only non-ferrous metals. They cannot accept iron or steel. They also recycle newspaper and corrugated cardboard. Used Waste Oil/Car Batteries Iowa City Street Division Yard, 1200 S. Riverside Drive, 356.6180. The city property on the southeast corner of Highway land S. Riverside Drive has a white shed labeled "Automotive Oil Reclamation." Citizens may dispose of waste oil and car batteries here. For more information contact: Environmental Advocates PO Bar 1831, Iowa City, IA 52244.1831 (337.9109 or 338.8017) Once is not enough, RECYCLE! po? L 3 E Environmental Advocates PO Bos 183 %- &16 1, Iowa City, Iowa 52244.1831 June 5, 1989 To: Interested Persons From: Joe Bolkcom, Chairman i Re: Summary Report on Plastic Jug and Bottle Recycling Project I I The plastic jug and bottle recycling project of the past fifteen weeks has provided an abundance of environmental educational opportunities, 50,000 plastic containers, and terrific cooperation between teachers, students and their families, local businesses and Environmental Advocates. As with any successful project, there is regret in seeing it end. However, the ending of this particular project also marks the beginning of a more comprehensive approach to community recycling in Iowa City. That 1 is no small feat and there are many people to thank for the success of this project. Special thanks to the diligent work and Commitment of the following teachers who made this j project not only possible, but most successful: Jeannette Banks, Rollin Bannow, Barb Gingrich, Karen Jennings, Jeanne Jones, Jerry Mennenga, Steve Miller, Barb Papenthicn, David Quegg, Chris Rohret, Ed Sachler, Tom Wendt and Hobert Yoder. In addition, a most special thank you to all of the students and their families who accepted the challenge to actively participate in this hands-on educational/recycling project. School administrators at the participating schools and the Iowa City Community School District Board also deserve our thanks for taking a chance on plastic recycling. The following financial contributors provided the necessary resources to construct the collection bins: Iowa State Bank, First National Bank, Payless Cashways, Getman Optical, Hills Bank and the Iowa City Kiwanis. Once again, our gratitude for this generous support. Special thanks to Norm and Pat Bickford for the long hours spent servicing the bins and prepar- ing the plastics for market. i Finally, a most hardy thank you to all Environmental Advocates members who assisted in facilitating this project. They are: Jo Ann Beard, Karen Kubby, Feather Lacy, Mary Lohse, Can- dida Maurer, Jerry Mennenga, Steve Miller, John Moreland, Nathan Shepherd, Chris Soldat, Mary Stevenson, Steve Thayer, Ron Vogel, and Tom Wendt. While plastic recycling may be ending at these eight schools, the project will take on new signif- icance as the bins are moved to new "community accessible" locations in Iowa City and Coralville. Detailed information regarding the next phase of plastic recycling in Iowa City and Coralville will be forthcoming, In the meantime, keep saving these plastic bottles and jugs and watch for details about new bin locations! r Summary Plastic Jug and Bottle Recycling Project in Iowa City Schools Started: February 15, 1989 Ended: June 7, 1989 Particivating Schools Pounds Collected Southeast Junior High 1762 Lucas 1070 Lemme 941 Coralville Central 926 Kirkwood 760 Hoover 732 Longfellow 694 CEC 456 TOTAL POUNDS 7341 Approximate number of containers................................50,000 959 of containers collected were milk jugs .Approximate volume diverted from landfill...............25 cubic yards Revenues from project .............................:......$204.69 Revenues will be used to purchase educational materials on recycling for the school district and to assist with other recycling efforts of Environmental Advocates. �I i. i II •til r RESOLUTION NO, 89-1 37 RESOLUTION AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF AN EASEMENT OVER PARCELS NO. SIRC 1.03, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. WHEREAS, this City Council did, pursuant to Resolution No. 89-78, authorize the acquisition of a temporary construction easement over Parcel No. SIRC 1.03 at the appraised value therein provided; and WHEREAS, it has been determined that the construction of the sewer adjacent to Parcel No. SIRC 1.03 may in the future effect two trees located on said parcel; and WHEREAS, the City's appraiser has recommended that the City's offer be amended to provide for compensation in the amount of $100 per tree for removal in the event that said trees die within two years due to sewer construction. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and directed to amend the City's offer to purchase to provide for additional compensation to the owner of Parcel SIRC 1.03 as provided in the preamble hereof. AND BE IT FURTHER RESOLVED that in the event such easements cannot be acquired by doappraised value therefor, fchereby authorized and directed to Initiate condemnationproeedingsor the acquisition of such easements. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer x Courtney R Horowitz % Kubby Larson x_ X McDonald Passed and approved this 13th day of June , 1989• ky YOR fAp ed a t Form ATTEST: C CLERK Legal Department RESOLUTION NO. 89-138 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SIRC1.20, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. WHEREAS, pursuant to Resolution No. 89-78 adopted April 18, 1989, this City Council did authorize the acquisition of certain easements and property Interests in conjunction with the Southeast Interceptor/Ralston Creek Segment, Phase I Sewer Construction Project; and ii WHEREAS, the appraised value heretofore approved by this City Council included compensa- tion to the owner for moving a fence at the rear of said property; and WHEREAS, under the present circumstances it appears that the City will be responsible for moving said fence twice, initially from its present location on the property line to the temporary E; easement line, and after completion of construction from the temporary easement line back to }; the property line; and %? WHEREAS, it would be in the City's best interests to have the City's contractor perform said work, rather than pay the owner to have it done; and j ' WHEREAS, the City's offer should be reduced by $1,280.00 to delete compensation to the owner for moving said fence, and should be amended to include the City's commitment to move said fence in lieu of compensating therefore, bringing the City's offer of compensation for the temporary construction easement on said parcel to $1055,. �a NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized to amend the City's offer for the acquisition of said easements over Parcel No. SIRC1.20 and to accept conveyance of a temporary construction easement at the revised compensation figure, all as indicated in the preamble ^i hereof. AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired at the appraised value Indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of said easements. It was moved by Balmer and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1' _x Ambrisco X Balmer R Courtney 1 x Horowitz X Kubby X Larson X McDonald i Resolution No. 89-138 Page 2 Passed and approved this 13th day of June , 1989. CITY`CLERK AYOR Ap ved as o Form Legal Department i (f ; i i i ■ Y.Y RESOLUTION N0, RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SIRC1.20, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. WHEREAS, pursuant to Resolution No. 89-78 adopted April 18, 1989, this City Council did authorize the cqulsition of certain easements and pro-erty interests in conjunction with the Southeast Inte eptor/Ralston Creek Segment, Phase Sewer Construction Project; and WHEREAS, the praised value heretofore a roved by this City Council included compensation to the owner for moving a fence the rear of said property; and WHEREAS, under the p sent circumstances appears that the City will be responsible for moving said fence twice, I itially from its pre nt location on the property line to the temporary easement line, and after cc pietion of con ruction from the temporary easement line back to the property line; and WHEREAS, it would be in the s b st interests to have the City's contractor perform said work, rather than pay the owner ve it done; and WHEREAS, the City's offer shoul b reduced by $1,280.00 to delete compensation to the owner for moving said fence, a sh Id be amended to Include the City's commitment to move said fence in lieu of com ensatin therefore i NOW, THEREFORE, BE IT R OLVED BY E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manage is hereby au ed to amend the City's offer for the acquisition of said easements over orcel No. SIRC1.2 and to accept conveyance of a temporary construction easement a the revised compens tion figure, all as indicated in the preamble hereof. AND BE IT FURTHER ESOLVED that in the event s ' easements cannot be acquired at the appraised value iodic ted above, the City Attorney be a he is hereby authorized and directed to initiate condZmnIon proceedings for the acquisition f said easements. It was moved band seconded by the Resolution be adopted, and uoll call there were: 77 - AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald 103� Y Resolution No. Page 2 k i r Passed and approved this day of g 1989. MHTUM Ap ed as o Form ATTEST: CITY CLERK Legal apartment d a ; I, I RESOLUTION NO. 89-139 RESOLUTION AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCEL NO. SIRC 1.19, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. i WHEREAS, pursuant to Resolution No. 89.78 adopted April 18, 1989, this City Council did authorize the acquisition of certain easements and property Interests in conjunction with the Southeast Interceptor/Ralston Creek Segment, Phase I Sewer Construction Project, at the appraised values therefore as indicated in the exhibit accompanying said resolution; and WHEREAS, in preparing the purchase offer for the easements and in reviewing the appraisals for Parcel No. SIRC 1.19 with the City's appraisers, it was determined that the appraisers 1 included compensation for trees and landscaping improvements which won't be affected by construction; and WHEREAS, the City's appraisers have recommended that the compensation for acquisition of easements on Parcel No. SIRC 1.19 be reduced from $5,110.00 to $3,860.00. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and directed to negotiate the purchase of the permanent sewer easement and temporary construction ' easement over said parcel at the revised appraisal value as Indicated in the preamble hereof. AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired by 1 negotiation at the revised appraisal value Indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of I said easements. I It was moved by Cnnrtn�� and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney x Horowitz X Kubby X Larson X McDonald I i /03✓r �l f„ Y' e17 At 4 I RESOLUTION NO. 89-139 RESOLUTION AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCEL NO. SIRC 1.19, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. i WHEREAS, pursuant to Resolution No. 89.78 adopted April 18, 1989, this City Council did authorize the acquisition of certain easements and property Interests in conjunction with the Southeast Interceptor/Ralston Creek Segment, Phase I Sewer Construction Project, at the appraised values therefore as indicated in the exhibit accompanying said resolution; and WHEREAS, in preparing the purchase offer for the easements and in reviewing the appraisals for Parcel No. SIRC 1.19 with the City's appraisers, it was determined that the appraisers 1 included compensation for trees and landscaping improvements which won't be affected by construction; and WHEREAS, the City's appraisers have recommended that the compensation for acquisition of easements on Parcel No. SIRC 1.19 be reduced from $5,110.00 to $3,860.00. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and directed to negotiate the purchase of the permanent sewer easement and temporary construction ' easement over said parcel at the revised appraisal value as Indicated in the preamble hereof. AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired by 1 negotiation at the revised appraisal value Indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of I said easements. I It was moved by Cnnrtn�� and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney x Horowitz X Kubby X Larson X McDonald I i /03✓r Resolution No. 89-139 Page 2 Passed and approved this 13th day of June Jf 1989, OR Ap ATTEST: A UFFY CLERK Legal Department f; Pit RESOLUTION NO. 89-140 }' RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN APPLICATION FOR MEMBERSHIP IN THE CENTRAL IOWA TRAINING ASSOCIATION (CITA). WHEREAS, this City Council has been advised and does believe that It would be in the best interests of Iowa City to obtain membership In the Central Iowa Training Association in order to secure fire safety and prevention and firefighting training for members of the Iowa City Fire Department. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized and directed to execute said ;n Application for an on behalf of the City. j AND, BE IT FURTHER RESOLVED that the Fire Chief Is hereby authorized and directed to make payment to CITA in the amount of $25,00 for a one year membership in CITA, and to continue said payments and membership pursuant to annual budgetary appropriations. I It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson McDonald ?'{ Passed and approved this 13th day of June 1989. t AYOH Ap o ed Form k: ATTEST:_ fP AA) 110IF? C LERK Legal Department )i I r y. 1034 APPLICATION FOR MEMBERSHIP/RENEWAL OF MEMBERSHIP IN THE CENTRAL IOWA TRAINING ASSOCIATION Iowa City does hereby make application for membership by said political subdivision in the Central Iowa Training Association (hereafter "CITA") in order to secure fire prevention and safety training, and firefighting training for members of the Iowa City Fire Department, and does hereby authorize members of its Fire Department to participate in such training. In making said application, it is hereby acknowledged and agreed that Iowa City is not relying in any way on CITA, or on any other members of the Association, as to the efficacy of the training, or as to the efficacy of the firefighting methods or techniques suggested, taught, or demonstrated during training. It is further acknowledged and agreed that Iowa City has employed and/or appointed qualified and experienced firefighting personnel who do and are expected to exercise independent judgment in the choice of methods or techniques for fighting fires within, or at the direction of, that jurisdiction. Accordingly, and in consideration of the training provided pursuant thereto, Iowa City does hereby agree to defend, indemnify, and hold harmless CITA from and against any and all claims, losses, debts, damages, demands, suits, or judgements brought, asserted, or rendered against CITA arising out of the fire training activities of CITA, which activities cause or result in damage to the property or injury to the person, including death resulting at any time therefrom, (1) of Iowa City, or of its firefighting personnel participating in such training, or (2) of any other persons or entities participating in or affected by such training activities involving its firefighting personnel. By: . 4bhn McDonald, Mayor City of Iowa City Attest: )hp AJ'AA0 . Marl -an K. Karr, City Clerk City of Iowa City Approved: •re C ief City of Id4a City C6nj70 FORM I LEGAL DEPARTMENT /o3L .r. lA «y f� APPLICATION FOR MEMBERSHIP/RENEWAL OF MEMBERSHIP IN THE CENTRAL IOWA TRAINING ASSOCIATION Iowa City does hereby make application for membership by said political subdivision in the Central Iowa Training Association (hereafter "CITA") in order to secure fire prevention and safety training, and firefighting training for members of the Iowa City Fire Department, and does hereby authorize members of its Fire Department to participate in such training. In making said application, it is hereby acknowledged and agreed that Iowa City is not relying in any way on CITA, or on any other members of the Association, as to the efficacy of the training, or as to the efficacy of the firefighting methods or techniques suggested, taught, or demonstrated during training. It is further acknowledged and agreed that Iowa City has employed and/or appointed qualified and experienced firefighting personnel who do and are expected to exercise independent judgment in the choice of methods or techniques for fighting fires within, or at the direction of, that jurisdiction. Accordingly, and in consideration of the training provided pursuant thereto, Iowa City does hereby agree to defend, indemnify, and hold harmless CITA from and against any and all claims, losses, debts, damages, demands, suits, or judgements brought, asserted, or rendered against CITA arising out of the fire training activities of CITA, which activities cause or result in damage to the property or injury to the person, including death resulting at any time therefrom, (1) of Iowa City, or of its firefighting personnel participating in such training, or (2) of any other persons or entities participating in or affected by such training activities involving its firefighting personnel. By: . 4bhn McDonald, Mayor City of Iowa City Attest: )hp AJ'AA0 . Marl -an K. Karr, City Clerk City of Iowa City Approved: •re C ief City of Id4a City C6nj70 FORM I LEGAL DEPARTMENT /o3L Es4 Y3 r 3y �d . Sd r.� Y n. �I i STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 13th day of June , 19 89 before me, rina n, a Notary Pu is in ani —far the State of Iowa, personMT%ared John McDonald 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 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 (9K{iRlORidCiE) (Resolution) No. 89-140 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 13th day of TLme , 19 —89, and that John McDonald and Mararr acknowledged the execution of Me—instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. MA H 4 O4 Notary Public in an forte State of Iowa RESOLUTION NO. 89-141 RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY89, ENDING JUNE 30, 1989, FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05PO22005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA -022003, IA05PO22004 and IA05PO22005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The budget for the referenced projects as shown on the attached forms be adopted. 2. Th proposed expenditures are necessary in the efficient and economical operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expenditures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. C. All proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract. 4. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon -r—oMcall there were: n ;I AYES: NAYS: ABSENT: X Ambrisco X Balmer X X Courtney X Horowitz X Kubby X Larson McDonald Passed and approved this 13th day of June 1989. Approved as to Form ATTEST:. WJ S 1/0? PIT��CLWK Legal Department 11037 I iIf U.S. Department of Housing and Urban Development II,I�It''II1rr1tt'' Dos Moines Office, Region VII Federal Building 210 Walnut Street, Room 259 Des Moines, Iowa 50309.2155 June 19, 1989 Mr. Lyle G. Seydel Housing Coordinator Iowa City Housing Authority 410 East Washington Street Iowa City, IA 52240 Dear Mr. Seydel; SUBJECT: Operating Budget Revision #2, Fiscal Year End: June 30, 1989, IA022001, et al, Iowa City, Iowa Enclosed is your copy of Revision #2 of the Operating Budget for the Fiscal Year Ending June 30, 1989, which has been modified and approved. The modification was made due to an arithmetical error. If you have any questions or if we can be of any further assistance, please contact John Johnson at (515) 284-4840. Enclosure CCC Benjamin J. Moore, Chairman siin/ ereflfy, [[marl M, 'Hamblin Chief, Assisted Housing Management Branch A i; i i I I111j� i iIf U.S. Department of Housing and Urban Development II,I�It''II1rr1tt'' Dos Moines Office, Region VII Federal Building 210 Walnut Street, Room 259 Des Moines, Iowa 50309.2155 June 19, 1989 Mr. Lyle G. Seydel Housing Coordinator Iowa City Housing Authority 410 East Washington Street Iowa City, IA 52240 Dear Mr. Seydel; SUBJECT: Operating Budget Revision #2, Fiscal Year End: June 30, 1989, IA022001, et al, Iowa City, Iowa Enclosed is your copy of Revision #2 of the Operating Budget for the Fiscal Year Ending June 30, 1989, which has been modified and approved. The modification was made due to an arithmetical error. If you have any questions or if we can be of any further assistance, please contact John Johnson at (515) 284-4840. Enclosure CCC Benjamin J. Moore, Chairman siin/ ereflfy, [[marl M, 'Hamblin Chief, Assisted Housing Management Branch A fi i i I I111j� i Hill) -57564 Form Approved J -m -v 1972 OMIT No. 63-ROB08 Paps 1 01 2 U.S. DEPARTMENT OF MOUSING AND URBAN DEVELORMENT TYPE OF HUD -ASSISTED PROJE OT151, 'LtiN-RENT HOUSING PROGRAM LHA-Owned Rental Housing ............... gRl OPERATING BUDGET LHA-Leased Housing -Section 23 or 10(c), ..... Q Fiscal Year Endin7 June 30 19 L LHA-Owned-Homeownership............. Q For _ LHA-Leased-Homeownership............. Q Y j 1 Of11GINAL �.' REVISIOIJ NO. 2 LHA-Conveyad Project-Adminirtralion Contract. Q CONTRACT N0.131: Nn MI. UI' LOCAL AUT ,ION IT r•---��- Iowa City Mousing Authority KC -9166 PROJECT NO.ISI, IA02003, IA05P022004, IA05PO22005 "`Iry"` -Civic Center - 410 East Washington Street NO. OF O.U. NO. OF UNIT MONTHS OF AVAILABILITY, Iowa City, IA 52240 Phone: (3_1_9_) 356-5_4_04 62 744 .F4 OFFICE: _ 'If) NFI:IONAL OFFICE: �• ACTUALS ESTMAT REQUESTED BUDGET ESTIMATES LAST FISCAL >.4n Des Moines YEAR CURRENT "sas City OUDGET LHA ESTIMATCS HUD MODIFICATIONS YEAR ( BB 89_ AMOUNT AMOUNT IS_ PUM PUM PUM yToNeerarr fro PUM To Neeru1J10� LnIF. No. r__------- 111 121 1 131 ICI 151 I61 ITI Ilomebu,c,, Mun,hly Poymeni, For: 001_ OPermmg Expenses 007 _ Name Payments Account 1003_ _c-urned Nonroutine Aluinrenance Reserve 004 Total Brea4-Evan AmountfSun, el Line. 001, 002, 6 003 005 Exe ns ( or Deficit) in Orea4-Even Amount 006 hl.mebuyers Monthly Payments (Contra) OPERATING RECEIPTS: DwaThng Rentals 164.60 140.98 144.42 107,450 to Excess Utilities L F- h Nandwalling Rentais w V Total Rental Income 164.60 140_98 144.42 107 450 a. w z Inlereft on General Fund Investmants 6.86 6.05 6.05 4 500 1060 m Other Operating Receipts _ _ 4.41 3.76 _ 2.69 2,000 1090 TOTAL OPERATING RECEIPTS EXCLUDING HUD CONTRIB. 175.87 150.79 153.16 113,946 /9 3 - EXPENDITURES, _OPCRATING ADMINISTRATION: LI ID Selorbs_-- _..__--.-_- 2S.21 27,49 2S.2 18,790 120 - _ Administration Expenses Other Than Salaries 15.83 13.40 15.63 11,630 40.891 30,420 190 l Total Adminisnauan_Expenses 41.74 40.89 TENANT SERVICES: 110 Salaries--- - - --- _---_ _ 22 0 _ Recroal ion, Pubhlm _cans and Other Services 130 Centmct_Costs - Training end Other_ 19 _ 0 _ _ __'i. .1 Teno_n1 Services Expenses UTILITIES: 310 N Lobar--------_-_- ---- 3217 rcl Utilities 6.33 G.45 6.45 4,800 X70- f _ Total UtiliNu Expenses 6.33 6.45 6.4 4 800 o w ORDINARY MAINTENANCE AND OPERATION: 410 w Z Labor 24.58 28.36 27.82 20,700 420 x Mntrriols -_--•- ----- 6.63 9.74 4.44 3,300 430 U, D Contract Costs 18.39 33.97 51.2 38.140 750 i D Total Ordinary Maintenance and Operation Expenses 49.60 71.47 83.52 62 140 <� PRO fECTIVE SERVICES; _ 760 Wm Labor 770 p Malarial, IRO Contract Costs 70 Total Protective Services Expunses GENERAL EXPENSES. _ i10 Ill,uronce 11.02 13.40 9.41 7,000 i20 Payments in Lieu of Texas 15.80 13.92 13.80 10,270 530 Terminal Leave Payments I 340E oyee Oene6t Contributions 6.21 G.05 6.05 4,500 .50. Co ee0on Losses .74 1.34 1.34 1,000 i60 Other General Expenses .90 Total General Expanses 33.79 34.71 30,60 22.700 '> D 100 TOTAL ROUTINE EXPENSES 730 86 153.52 161.47 120,130 110_ 'RENTS TO OWNERS OF LEASED DWELLINGS .90 TOTAL OPE RAT!NG EXPENSES _ NONROUTINE EXPENDITURES, 10 Exlraordinar Maintenance 14.84 Z20 Re loeemenl of E ui menl 12.08 30 a Ba Oermenls oyd AddNions 40 OZ Other Nonruu,ine Expenditures Ip 1 IZ TOTAL NOIIROJTINE EXPENDITURES 39,96 HUD -52.'64 it L���t ■ NUD-57564 l ..... v 1972 f �;•, R R Ilnn... Ifn iVpr alae CI] Page 2 a1 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AUTHOnITYILOW-RENT HOUSING PROGRAM Housing AuthorstyOPERATING BUDGET E"AME01CAL For Fiscal Year Ending June 30 19 89 -I Iy10 E. ,Washington St. Civic CghterF.,,. _ Iowa City'��;IA 522401 1_)ORIGINAL j-XIREV1510N NO. 2 Phone: (119) 356-5404 OIITnACi NO. SI: �— KC9166 ACTUALS IMT REQUESTED BUDGET ESTIMATES LAST FISCAL OR ASX PROTECT NOASI: 11022003 fA05P022004 111SP022005 YEAR CURREN BUDGET YEAR LHA ESTIMATES HUD MODIFICATIONS TyPF tIF HUO-ASSTS TEU PROJFCTISII LIIA•Own.d.Remal HwHna ix� LHA•le.ud.MemeeNnenhiP ❑ 1p BB IS 89 AMOUNT AMOUNT L lln•LeweJ-Seetlon 23 0. IOfcl ' LHA-Conveyed Project PUM PUM PUM (Tory .....ISIO) PUM (ToN.u..rf 1p LHA•Owned.HomeawnenL�p (_) Adminlurofion Cemmc I (_] ---- 1 IN NO. (it 121 (31 (4) (SI (0) (7) OTHER EXPENDITURES: Prior Vs., Adlvstmenls Funds ro.i tt.d by PHA in erro 010 FY 87 88 (7.94) (5,910) 820 Other Deductions 83D Total Other E.pendilvres 890 TOTAL OPERATING EXPENDITURES 170.82 153.52 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE HUD CONTRIBU• 900 TIONS AND PROVISION FOR OPERATING RESERVE: 910 Oasic A_.. I C.mrebution (Leased Project)5.05 2.73 .36 270 RESID'. AL RECEIPTS (OR DEFICIT) BEFORE OTHER :IUD CON. 920 TRIC.ITIONS AND PROVISION FOR OPERATING RESERVE: 5,05 (2.73) (.36) (270) OTHER HUD CONTRIBUTIONS 93D 4.16 4.16 3,090 Op.roting Subsidy Ins.payments from HUD 940 Special Family Subsidy -- 950 960 Total Other HUD Contributions 1 4.16 4.16 3,090 .97(1 Residual Receipt (or Deficit) before Ross". 5.05 .1.43 3.79 2 820 X980 Provision for Oparotiny Reserve 5,05 1.43 3.79 2 820 990 Residual Receipts (or Dolic it) . OPERATING RESERVES FOR A CONTRACT OR PROJECT u NI: Part I - Maximum Operating Reserve - NO' End of Current Budget Year _.__SECTION A,- LHA•OWNED RrNTAL HOUSING $ b ` i 0oe 01 One-half (50•:) of Lin600 -Column 5 -Form HUD -52564 for a Contract 60-1365 SECTION B - LHA•LEASED HOUSING - SECTION 23 OR 10(C) If 02 One-half (50:) of Line 600 -Column 5- Form HUD -52564 for a Protect SECTION C - LHA•OWNED OR LEASED HOUSING - HOMEOWNERSHIP 03 One-half (50^.) of Line 600- Column 5- Farm HUD -52564 for o Project 04 One-third (33.1/3%) of Line 004 - Column 5- Form HUD -52564 for a Protect Total (Sum of Lines 03 and 04) Part If - Provision for and Estimated or Actual Operating Reserves at Year End 06 Reserve at End of Pravlous Fiscal Year - Actual 51,195 07 Provlslon far Reserve - Current Budget Year _ Estimated or Actual 2,820 08 Reserve at End of Current Budget Year- Estimated or Actual 54,015 09 Provision for Reserv- - Requested Budget Year- Estimated 10 Reserve of End of Requested Budget Year - Estimated 511.015 HA APPROVAL: /y Lyle G. Saydel, Housing Coordinatorljej6-13-89 —C/—a,\-/,(r, (N.me .nd TRI.) I (Sgnerure (0-b) ',REA OFFICE APPROVAL Norman F:, Hulscher 6-19-89 Director, Housing Management �J �f (N.m. end Title) (Sllnaruro) (Date) I o3) RESOLUTION NO. 89-142 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE TWELFTH RENEWAL OF A 2BE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICE. WHEREAS, it is in the public interest to provide transit service to Iowa City residents who have special transit needs due to age or disability, and WHEREAS, the Johnson County SEATS program is designed to provide special transit service for elderly persons and persons with disabilities, and WHEREAS, Iowa City and Johnson County did, on August 23, 1977, enter into a 28E Agreement for the purpose of providing such service, which agreement has been recorded in the Johnson County Recorder's Office at Book 501, Page 303; and WHEREAS, a Twelfth Renewal Agreement has been negotiated by said parties in order to continue delivery of special transit service to Iowa City residents in FY90, and a copy of said agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said Renewal Agreement. 2. That the City Clerk is directed to file said Renewal Agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer Courtney X Horowitz' Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. R Ap roved to Form ATTEST:] „�, j -k. 7�.aJ y , ✓ . /�_ / 111 CLERK Lega Department W/,- --J'r TWELFTH RENEWAL OF A 28E AGREEMENT FOR TRANSIT SERVICES This Twelfth Renewal Agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. WHEREAS, the parties hereto wish to renew their Agreement for Transit Services which is recorded in Book 501 at Page 303 in the Office of the Johnson County Recorder: BE IT AGREED by and between Johnson County, Iowa, hereinafter referred to as the County, and the City of Iowa City, Iowa, hereinafter referred to as the City, as follows: 1. The twelfth renewal term of the 28E Agreement referred to above, as amended, shall commence July 1, 1989, and continue for one year through and including June 30, 1990. 2. The County shall continue to operate the service within the corporate limits of Iowa City from 6:00 a.m. until 11:00 p.m., Monday through Friday; 6:00 a.m. to 7:30 p.m. on Saturday; and 8:00 a.m. to 2:00 p.m. on Sunday; except for holidays established by the Johnson County Board of Supervisors. All specific operational decisions shall be made by the Board of Supervisors and the SEATS Manager to maximize responsiveness to demand and productivity. 3. The County shall continue to request a donation from City residents using the SEATS system. All such donations will be retained by the County to help defer operating costs. The average donation per passenger in FY90 will be used to establish a basis for payment by the City to the County in FY91. During FY90 the County shall provide the City with daily data sheets which include the origin, destination, and time for each City trip, and a total of City donations for each day. 4. For service operated from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday and Sunday, the City agrees to pay the County $3.10 per one-way trip for each City passenger carried. All remaining service shall be charged to the City at a rate of $12.96 per vehicle hour of service. Total funding by the City for service during FY90 shall not exceed $163,225. 5. The City agrees in FY90 to provide indoor storage of 11 SEATS vans at the Iowa City Transit garage. SEATS personnel will have access to vans parked at the Iowa City Transit garage during Iowa City Transit's regular hours of operation. Iowa City Transit personnel shall be permitted to move SEATS vans which are parked at the transit garage, if needed. This section of the Agreement will be void if fleet expansion by Iowa City Transit utilizes all available vehicle storage space. 6. The City shall make its fueling facility available to SEATS. The City shall determine the specific scheduling arrangements for this service. The County agrees to pay fuel costs based upon the invoiced cost to the City. The City shall invoice the County monthly, providing itemized fuel usage by vehicle. Payment shall be made by the County within 30 days from date of invoice. The City shall not be held liable for delays in fuel ra shipments, supplying fuel during periods of equipment malfunction, or fuel shortages. 7. The County shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way be made or claimed against the City in consequence of this agreement. The County shall, at its own expense, provide insurance protection with respect to this indemnification agreement. 8. The original Agreement between the parties shall, to the extent not inconsistent herewith, remain in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 40 Aa day of ,, 1v 1989. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By:By; hn McDonald, Mayor Robeft Burns, airperson Board of Supervisors Attest: U 'J , Cit Clerk 7] AP ROVE TO FORM EOAL DEPARTMENT Attest: (fnk -�1,r?-)C4 l County Auditor FILED Johnson Co. Iowa JUN 2('21989 CO U iv a iIo 0e� ,t i I i .i i I' ra shipments, supplying fuel during periods of equipment malfunction, or fuel shortages. 7. The County shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way be made or claimed against the City in consequence of this agreement. The County shall, at its own expense, provide insurance protection with respect to this indemnification agreement. 8. The original Agreement between the parties shall, to the extent not inconsistent herewith, remain in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 40 Aa day of ,, 1v 1989. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By:By; hn McDonald, Mayor Robeft Burns, airperson Board of Supervisors Attest: U 'J , Cit Clerk 7] AP ROVE TO FORM EOAL DEPARTMENT Attest: (fnk -�1,r?-)C4 l County Auditor FILED Johnson Co. Iowa JUN 2('21989 CO U iv a iIo 0e� i I' I i I 1 I i I - I I i I. /1, j Johnson County Council of Governments r f %% 410EWbshirgonSr. bhooly,lanva52240 S Date: June 1, 1989 i } To: Mayor, City Council, City Manager; City of Iowa City f From: Jeff Davidson, Transportation Planner Re: FY90 Renewal Agreement with Johnson County SEATS FY90 Supplemental Taxi Service Contract i :N At your June 13 City Council meeting you will be asked to approve FY90 contracts for the provision of paratransit service to Iowa City residents. Paratransitis transit service designed ; °c for persons who for reason of physical or mental disability are unable to use regular Iowa City Transit service. Paratransit service is mandated by Section 504 of the Federal Rehabilitation Act of 1973. It must be similar in scope to regular Iowa City Transit service. The 12th renewal agreement with Johnson County for SEATS service will provide most of II Iowa City's paratransit service in FY90. A cost per trip of $3.10 has been negotiated with SEATS for daytime service, a 1% decrease in the FY69 cost per trip. Night service will be provided at a cost per hour of $12.96, also a 1 % decrease from the FY89 cost. Night service 3 will be slightly cheaper in FY90 because University Heights will be participating in the hourly r cost of the service. The FY90 contract cap for Iowa City SEATS service is $163,225. I. The supplemental taxi service is administered by Johnson County SEATS and provides rides that SEATS is unable to serve. The rate is the same as in FY89. The contract cap is $6,000. j will be present at your June 13 meeting to answer any questions regarding this matter. a tp3-8 a I:LAINI; BASTER SEC]? OF .STATE a SF.CRETAIt1' OF ,ST,%.q,jse STAT1:110 VS1'. STATE or IOa;\ lha \LORI ti 5031.11 July 12, 1989 Marian K. Karr, CMC City Clerk City of Iowa City Civic Center, 410 E. Washington Iowa City, Iowa 52240 RE: Transit Services Agreement between the City of Iowa City and Johnson County (12th Renewal) Dear Ms. Karr: 515-181-5804 We have received the above described agreement(s) which You submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1989 Code of Iowa. You may consider the same filed as of July 10, 1989. C rdially' a1ne Baxter Secretary of State 1 i RESOLUTION NO. 89-143 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB COMPANY j FOR FY90 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Iowa City contract with Johnson County SEATS for transit service for persons with disabilities, and WHEREAS, based on a competitive bidding process, JCCOG staff recommends the award of a contract to Old Capitol Cab Company of Iowa City, Iowa, for the FY90 SEATS supplemental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this State may be exercised jointly with any other public agency of the State having such power, and I i WHEREAS, public agencies may enter Into an agreement with a private agency for Joint or cooperative action; and WHEREAS, Iowa City, Johnson County, and Old Capitol Cab Company have negotiated a 28E agreement for the provision of supplemental taxi service for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That a contract for supplemental taxi service to the Johnson County SEATS program Is hereby awarded to Old Capitol Cab Company. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County, and Old Capitol Cab Company for taxi service to supplement the Johnson County SEATS program. 3. That the City Clerk is directed to file the 28E agreement with the Secretary of State and record same with the Johnson County Recorder. It was moved by AmbriSCe and seconded by Balmer the Resolution be ! adopted, and upon roll call there were: i I �I Resolution No. 89-143 Page 2 AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X X Kubby _— Larson ' R McDonald Passed and approved this 13th day of June 1989, 4 i�, YOR Appro ed as to orm A17EST:_�� an CITY LERK (1Gd7A6 Le al Department d- d -F9 I I I I 3 � I' I I 4 i�, i i. 28E AGREEMENT FOR FY90 SUPPLEMENTAL TAXI SERVICE This 28E agreement is made and entered into on the/3trday of `%uk.2, 1989, by and between the City of Iowa City, Iowa, a municipal corporation hereinafter referred to as the City; Johnson County, Iowa, a municipal corporation hereinafter referred to as the County; and Old Capitol Cab Company of Iowa City, hereinafter referred to as Old Capitol Cab. Section I. Scope of Services As a supplement to the Johnson County SEATS program, Old Capitol Cab shall provide transportation for City residents who, for reasons of disability, are unable to use Iowa City Transit. Section If. General Terms 1. The origin or destination of all trips shall be within the corporate limits of Iowa City. The service area shall be the corporate limits of the Iowa City Urbanized Area. 2. The provision of transportation by Old Capitol Cab under this agreement shall be administered by Johnson County SEATS. Clients will call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the rider is eligible for the supplemental taxi service, and if so will notify Old Capitol Cab of the trip. Old Capitol Cab will not provide any trips directly requested from clients, 3. For the purposes of this program, a disabled person is defined as an individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his or her ability to obtain adequate transportation either through the use of a private automobile or fixed route public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The taxi service shall serve trips which cannot be served by Johnson County SEATS vehicles during SEATS' hours of operation. 5. Old Capitol Cab shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all Instances where a passenger Is refused service. 6. Old Capitol Cab shall notify the SEATS dispatcher If a scheduled pickup will be late, Old Capitol Cab shall also notify the SEATS dispatcher if they arrive to pick up a client and are unable to locate the person. 7. Old Capitol Cab shall assist passengers getting Into and out of the cab and also assist them In carrying groceries and packages. z f 2 III. Compensation 1. Each eligible participant shall pay Old Capitol Cab a donation for each trip and the City shall subsidize the remaining cost of the trip. No eligible participant without a donation shall be denied a ride by Old Capitol Cab. In this situation, the City shall subsidize the entire cost of the trip. A determination of the total trip cost shall be calculated from the rate submitted by Old Capitol Cab in their bid for the service: $1.60 per mile for the first mile, $.50 for each additional half•mile, $.50 for each additional stop, and $.25 for each additional passenger. 2• On a monthly basis Old Capitol Cab shall request reimbursement from the City for the i- amount of the trip subsidy. With this request, an itemization of the date, time, donation, origination and destination of each trip shall be provided by Old Capitol Cab, copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 3. Funding of $6,000 shall be allocated by the City for this program. This amount represents the City's total contribution for the supplemental taxi service from July 1, 1989, to June 30, 1990. None of these funds shall be allocated for advertising or i promotion. Any unused funds at the end of Fiscal Year 1990 will remain property of the City. IV. Indemnification Old Capitol Cab agrees to defend, indemnify and save harmless the City, Its oflicers, employees, and agents, from any and all liability or claims of damages arising from the provision of services under the terms of this agreement. V. Assignment Old Capitol Cab shall not assign, sublet, or transfer its Interest in this agreement without the written consent of the City. VI. Discrimination Old Capitol Cab shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. b. To discriminate against any Individual in terms, conditions or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. VII. Affirmative Action Old Capitol Cab agrees to complete an equal opportunity policy statement if requested by the City. Old Capitol Cab agrees to permit inspection of their records concerning the supplemental taxi service by a person representing the City or the County during normal working hours. /Dal / i i i VIII. Duration 3 This agreement shall be in effect from July 1, 1989 to June 30, 1990. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional 30 days. However, this agreement may be terminated upon 30 days written notice by either the City or Old Capitol Cab. IX. Renewal The City reserves the right to negotiate a one year renewal of this agreement at its discretion. X. Extent of Agreement This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City, the County, and Old Capitol Cab for supplemental taxi service as herein provided. It may be amended only by a written Instrument signed by all parties. CITY OF IOWA CITY, IOWA By: hn McDonald, Mayor Attest: City`Clerk By: Attest: OLD CAPITOL CAB COMPANY Robert Gusloff, Pres7deff JOHNSON COUNTY, IOWA By: Robert Burns, Chairpex Board of Supervisors Attest: County Audior FILED Johnson Co. Iowa --�JUUNN 2 2 1989 / COUNTY AUDI 0 PED AS NS I l FGAL DEPARTMENT X039 SPGRET/112Y or STATE STAT1:110U91: STATI•] OP I01VA Drs \ror SIL4 50319 July 121 1989 Marian K. Kam CMC ` City Clerk City of Iowa City { Civic Center, 410 E. Washington St. w Iowa City, Iowa 52240 I RE: FY90 SEATS Supplemental Taxi Service between the City '.;.I. of Iowa City, Johnson County and Old Capitol Cab Company (28E Agreement) .,i Deac Ms. Karr: i 4" I We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1989 Code of Iowa. -! You may consider the same filed as of July 12, 1989. EB/k1 Cordial / Elaine Baxter Secretary of State /03°1 y .DLAINE BAXTER SECRETARY OF STATI: i r — !. SPGRET/112Y or STATE STAT1:110U91: STATI•] OP I01VA Drs \ror SIL4 50319 July 121 1989 Marian K. Kam CMC ` City Clerk City of Iowa City { Civic Center, 410 E. Washington St. w Iowa City, Iowa 52240 I RE: FY90 SEATS Supplemental Taxi Service between the City '.;.I. of Iowa City, Johnson County and Old Capitol Cab Company (28E Agreement) .,i Deac Ms. Karr: i 4" I We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1989 Code of Iowa. -! You may consider the same filed as of July 12, 1989. EB/k1 Cordial / Elaine Baxter Secretary of State /03°1 y RESOLUTION NO. 89-144 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the are between the ages of 6 and 14, and Iowa City area who WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths between these ages, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service, and WHEREAS, the City of Iowa City and Big Brothers/Big Sisters Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Horowi and seconded b �_ Resolution be adopte , and upon ro call there were: y Ambrisco the AYES: NAYS: ABSENT: Ambrisco -X Balmer �_ Courtney -X Horowitz X Kubby -X Larson McDonald Passed and approved thisda 13tt>_ Y of _June1989. OR. 4IAppro,,,ed �Form ATTEST:CI IfCLERKu'`/epartment 6 - 7_P9 AGREEMENT THIS AGREEMENT, made and entered into on this -1) day of 1989, by and between the City of Iowa City, Iowa, a municipal corporatioration ("City"), and Big Brothers/Big Sisters of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, i creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $25,300 to assist Recipient in paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. B. The City shall transfer the funds to Recipient in quarterly payments of $6,325.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. i 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For Big Brothers/Big Sisters i For the City of Iowa City, Iowa: of Johnson County: A MCDONAD, MAYO NAME TITLE ATTEST: /J ATTEST: 7 e MARIAN K. KARR, CITY CLERK NAME u �^ AMRDAS M TITLE PA ENT /' l RESOLUTION NO. 89-145 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest toprovide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Iowa City Crisis Intervention Center is an agency which provides short-term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Crisis Intervention Center is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June // 1989. z!/ OR J _)' ) Appro ed an Form ATTEST: 40LAu. ) `r; . AA) CL CIT CLERK Le al Department -7-Py I AGREEMENT THIS AGREEMENT, made and entered into on this ja day ofAal ("Cit by and between the City of Iowa City, Iowa, a muniorporation ("City"), and the Iowa City Crisis Intervention Center ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective. project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES the erm of is During thelimited Recipient provide eiindivduals,including but not toshortto m crisis counseling, to and information and referral services; emergency transportation and food for local residents; and vouchers and arrangements for emergency shelter, food and transportation assistance for non-residents of the Iowa City area. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $18,500 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $4,625.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 1 PJ C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For 1he City of Iowa City, Iowa: MCDONALD, MAYOR ATTEST: �.. mmAN K. KARR, CITY CLERK A ROV 6 WNT 27LEGAL DEPAR For the Iowa City Crisis Intervention Center: ATTEST: NAME TITLE RESOLUTION NO. 89-146 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Intervention Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Intervention Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW BE IOWA, that the MayorlbeRESOLVED horiized toe execute and COUNCIL theOF THE CITY OF IOWACity Clerk to attestCITY said Agreement. It was moved byi z and seconded by Ambrisco the Resolution be adopte , an upon ro call there were: AYES: NAYS: ABSENT: i i i I I I Ambrisco X Courtney X XKubby Horowitz X i I i Larson j i I RESOLUTION NO. 89-146 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Intervention Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Intervention Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW BE IOWA, that the MayorlbeRESOLVED horiized toe execute and COUNCIL theOF THE CITY OF IOWACity Clerk to attestCITY said Agreement. It was moved byi z and seconded by Ambrisco the Resolution be adopte , an upon ro call there were: AYES: NAYS: ABSENT: — X XBalmer Ambrisco X Courtney X XKubby Horowitz X Larson —X-- McDonald Passed and approved this 13th day of June 1989. OR Approved as_t Form ATTEST: -k' CIT C EL RK a Department P9 /0'�2 i" � AGREEMENT THIS AGREEMENT, made and entered into on this _I _5 day of U n d- , 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Domestic Violence Intervention Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. j 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not be limited to: temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $24,000 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $6,000.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. l0�2 ■ 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: ON N MCDONALD, MAYOR ATTEST: 7e, 7(�4J MARIAN K. KARR, CITY CLERK I I OY[Eq AS TO FOgM LEGAL DEPARTMENT For the Domestic Violence ention Program: E !� T TLE ATTEST: �q NAME ITLE 1042' RESOLUTION NO. 89-147 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHNSON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEAD START. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited -income families who are aged three to school age, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Johnson County Hawkeye Area Community Action Program Project Head Start is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Hawkeye Area Community Action Program Project Head Start have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ Ambrisco X Balmer X Courtney X Horowitz XKubby X_ Larson X McDonald Passed and approved this 13th day of June tAppro 1989. RZeplrtmen-t Form ATTEST:�an;A2 ) -� qVaJ 7LCIT CLERK ga Gam- 7_ " 103 . AGREEMENT THIS AGREEMENT, made and entered into on this day of J LG - 1989, 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Johnson County Hawkeye Area Community Action Program Project Head Start ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmental programming for children of limited -income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for 1989. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $2,600 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $650.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /data C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts i its activities. i E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT it This Agreement may not be assigned by either party without prior written agreement of the other party. I! I �! For the City of Iowa City, Iowa: N MCDONALD, MAY ATTEST: Ai w� T "ei1 AA MARIAN K. KAU, CITY CLERK PR C��� F LEGAL DEPARTMENT For the Johnson County HACAP ProJecA Head Start: lrJ�iu�u��� NAME TI�TLEE ATTEST: �a.G4t�,� NAME RZA Sit ,tic or TITLE IoM3 RESOLUTION NO. 89-148 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City, and WHEREAS, Mid -Eastern Council on Chemical Abuse is an agency that provides comprehensive substance abuse prevention and treatment services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mid -Eastern Council on Chemical Abuse is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Mid -Eastern Council on Chemical Abuse have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June , 1989. OR I Appr ved as to Form ATTEST: '2.W., ) 7` icon l ti(� �tc� n.t � CIT CLERK e a Department c - 7- Al AGREEMENT THIS AGREEMENT, made and entered into on this � day of J �/yl �_ 1989, by and between the City of Iowa City, owa, a municipal corporation ("City"), and Mid -Eastern Council on Chemical Abuse ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual - orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs j provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide services to individuals who are in need of comprehensive substance abuse prevention and treatment programs. An individualized treatment plan may require the services of traditional outpatient treatment, intensive outpatient treatment, day treatment, halfway house or residential services. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $10,000 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $2,500.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. z C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: MC ONALD, MAYOR ATTEST: / I nn+�rn.cJ 7e V AA) MARIAN K. KARR, CITY CLERK PR ED 9 TO FOFK / LEGAL DEPARTMENT For the Mid -Eastern Council on Chemical Abuse: ekA , NAME 77— Board Board President TITLE ATTEST: NAME Executive Director TITLE IN4 RESOLUTION NO. 89-149 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides services for all victims of I sexual assault, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa, which is organized and operates under the laws of the State of Iowa, and i, WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have ` negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, `. IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. j It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: X Ambrisco II X Balmer X Courtney I' X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June , 1989. ATTEST: 7�IlgA�^-� 51� ��� CITY CLERK OR Appro ed Form , A gal Departmente. 7 6 -7 -Py i AGREEMENT THIS AGREEMENT, made and entered into on thisday of U n 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Rape Victim Advocacy Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient will provide emergency services for all victims of sexual assault, including counseling, medical and law enforcement advocacy intervention, and referral to other agencies. Community education will be provided, including current statistics and information on sexual crimes and Detaices to in the prevention. Program lInformat ons of the sand�Goals and eObjectives Statement forovided are r FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $11,000 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $2,750.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. q C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limitgd or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the ity of Iowa City, Iowa: �,4 PM MCDONAL , MAYOR ATTEST: MARIAN K. KARR, CITY CLERK AP ROV6D�- S TO FORM LEGAL DEPARTMENT 6 - 7-dv5 For the Rape Victim Advocacy Program: ATTEST: NAME TITLE i ATTEST: NAME TITLE i RESOLUTION N0. 89-150 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and longer-term assistance to Iowa City residents, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Johnson County Chapter of the American Red Cross is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Chapter of the American Red Cross have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this 13th day of June 1989. OR Appro. ed as, o Form C ATTEST: 4' W1Y CLERK e a Department �0;6lo ■ AGREEMENT THIS AGREEMENT, made and entered into on this 3 day ofJ u n P 1989, by and between the City of Iowa City,wa, Ioa municipal corporation ("City"), and the Johnson County Chapter of the American Red Cross ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, i marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or ( privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and longer-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster victims. It also incudes maintaining a program of pre- and post -disaster education to assist the residents of Johnson County with disaster self-help. Recipient will provide instruction in First Aid in order to promote personal safety and health awareness, and training in cardiopulmonary resuscitation (CPR) techniques. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $2,000 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Red Cross. B. The City shall transfer the funds to Recipient in quarterly payments i of $500.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. i 2 B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of j Recipient, and to make site visits and survey participants in order j to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying iinformation concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the j Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts j its activities. I E. This contract may be terminated upon 30 days written notice by either j party. i , IV. TERM i This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT I This Agreement may not be assigned b either art without Y 9 Y party prior written agreement of the other party. For the Johnson County Chapter j For the City of Iowa City, Iowa: of the American Red Cross: N MCDONALD, MAYOR NAME G41fifl'Ih6Al ED AS TO� TITLE LEGAL DEPARTMENT 10-7-�9 ATTEST: 777a�.�, L�QiL�i MARIAN . KARR, CITY CLERK 3 I 1 i RESOLUTION NO. 89-151 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR NEIGHBORHOOD SERVICES WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of the Pheasant Ridge and Broadway Street Neighborhoods, and WHEREAS, Neighborhood Centers of Johnson County is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Neighborhood Centers of Johnson County is a non-profit corporation j organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Neighborhood Centers of Johnson County have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. ;. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: II X Ambrisco X Balmer l X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. j Lt� OR Approved s�tjo Form / ATTEST: "�v��'�'✓"-�'*-�/' GITr CLERK L gal Department 1047 i,t AGREEMENT THIS AGREEMENT, made and entered into on this �3 day of �J l n 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Neighborhood Centers of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES i During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the Recipient's Program Information and Goals and Objectives Statement for FY90. II. FUNDING A. As its sole obligation under this Agreement, the City'shall pay to Recipient the sum of $16,000 which shall be allocated for operating expenses of the programs of the Willow Creek and Broadway Street Neighborhood Centers.' B. The City shall transfer the funds to Recipient in quarterly payments of $4,000.00 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of IIowaaa City, Iowa: MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK P . OV A3 TO, LEGAL DEPARTMENT For Neighborhood Centers of Johnson County: NAME D1 IGem e— TITLE ATTEST: " I. NAME ifo�S(arm CQmd;mak&L TITLE i /047 RESOLUTION NO. 89-152 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to elderly people in Iowa City who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and he City of withthetElderly Services wa City wishes utilize prov provide of such services ffors he contract elderly persons of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an Agreement (copy attached) with the Elderly Services Agency to provide such services. It was moved by Courtney y and seconded b Resolution be adopted, and upon roll call there were: y -Horowitz the AYES: NAYS: ABSENT: X X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson McDonald Passed and approved this 13th day of June , 1989. ATTEST:Z021dat)j) CITY CLERK I r K/ OR Waal ed has Form Department Cc -7-? AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 3 day of u de- 1989, by and between the City of Iowa City, a municipal corporation ("City"), and Elderly Services Agency of Johnson County ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I. PURPOSE AND SCOPE OF SERVICES: During the term of this Agreement, the Agency shall provide to elderly residents of Iowa City the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY90. Specifically: A. The Agency agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Iowa City which shall include the following components: 1. Maintenance of a current information file on services and resources available to Iowa City elderly. 2. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. 3. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. 4. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. B. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers will be trained to monitor the lives of clients through in-home visits and telephone calls. The Outreach program will also include a case management team of E professionals working for hospitals and agencies providing various levels of in-home care to provide its clients with efficient, appropriate care when they are being served by three or more agencies at the same time. I. The Agency shall publicize its Outreach service through available media resources on a systematic basis. 2. The Agency shall provide a referral or liaison to community resources where necessary and appropriate. C. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. I. Coordination shall include recruitment and screening of prospective independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the independent contractor. These workers will be referred to the elderly client who has requested help with yard work or non - licensed in-home care. 2. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. D. The Agency agrees to coordinate a Shared Housing program for its compatibleelderly nh andsupportive house mates who will andicaed clients, which hprovide someservicesin exchange for low/no rent. I. Coordination shall include finding homeowners who need either income and/or services in order to remain in their homes as long as possible. 2. Tenant/homeowner living arrangements shall be monitored by the Shared Housing Coordinator to help ensure a successful living arrangement. E. The Agency agrees to serve as an advocate for the needs and concerns of Iowa City elderly on an individual and group basis as the need arises, including: I. Group advocacy with governmental policy makers, and with business and civic community groups on unmet needs brought to the Agency's attention through the provision of its services and on issues of concern raised by the elderly community. 2. Individual advocacy in regard to the Agency's programs when a client has difficulty obtaining a service or when provision of a service is unsatisfactory. II. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the parties and shall terminate on June 30, Iggo. �7 3 j III. COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Thirty -Six Thousand, Nine Hundred and Twenty Dollars and No Cents ($36,920.00) to assist the Agency in meeting its expenses for administration, travel, equipment and supplies, as well as other operational expenses necessary for the operation of the programs described herein. It is understood that the Agency's administrative offices shall be located in the Senior Center. B. Partial payments shall be made monthly, with the first payment to be made in July, 1989. Requests for each monthly payment shall be submitted together with source documents by the fourth day following the end of each calendar month. quarterly reports shall continue to be submitted as required by this Agreement. IV. TERMS AND CONDITIONS: A. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. B. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1990. PART II I. PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the fifteenth day following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low- income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1990, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. For projects involving $25,000 or more, an audit report which meets the specifications set forth in Attachment F, Paragraph H of OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1990. i0�8 4 II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of applicable sections of: 24 CFR 85 "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A-110 and A-128 shall apply to the use of funds disbursed under this Agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A'(State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such I ki notice unless such default or defaults are remedied within such cure period. In the event of such termination, no further funding payments shall be made by the City to the Agency. VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. VIII. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. IX. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. X. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XI. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs which are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. M3 C IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this /.3 day of --:5,i nl e-- , 1989. CITY OF IOWA CITY, IOWA ELDERLY SERVICES AGENCY A I I _ i� RESOLUTION NO. 89-153 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City deems it in the public interest to provide Iowa City youth between the ages of 14 and 21 who are either current ADC recipients or who are otherwise disadvantaged, with meaningful subsidized work experiences in public and private non-profit agencies; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Mayor's Youth Employment Program to provide employment services for the young persons of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an Agreement (copy attached) with the Mayor's Youth Employment Program to provide such services. It was moved by Courtney and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 13th day of June 1989. OR AA ved as to Form ATTEST: //Ianin A� iS. oto �.iJ�G� CITY CLERK jLe1 Department AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this / 3 day of J ,� 1989, by and between the City of Iowa City, a municipal corporation ("City"), and the Mayor's Youth Employment Program ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing employment services to young people in Iowa City. I NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I i I. PURPOSE AND SCOPE OF SERVICES: During the term of this Agreement, the Agency agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 21 who are currently recipients of ADC or socially and economically disadvantaged. It shall also provide jab training, vocational and career counseling, and related assistance to youths to develop positive work habits so that future employment opportunities will be enhanced. The Agency agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for the Agency's programs to secure employment in the private sector through referral. Details of these services are outlined in the Agency's Information and Goals and Objectives Statement for FY90. II. TIME OF PERFORMANCE: I This Agreement shall commence upon execution by the parties and shall j terminate on June 30, 1990. II1. COMPENSATION AND NETHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Thirty Thousand, Five Hundred Dollars and No Cents ($30,500.00) to assist the Agency in meeting its expenses for administration, travel, equipment and supplies, as well as other operational expenses necessary for the operation of the programs described herein. i B Partial month, with shallayments monthly, of each the firstpayment to bemadd July 13, 1989.All source documents shall be submitted to the City of Iowa City by the 4th day of each month. 2 IV. TERMS AND CONDITIONS: A. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. B. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1990. PART II I. PERFORMANCE AND REPORTING: i A. The Agency shall direct all notices, reports, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program I Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the fifteenth day following the end of each calendar quarter, the Agency shall submit to the City copies of all board i minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low- income or moderate -income, and the racial composition and age range of the Agency's client group. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1990, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. For projects involving $25,000 or more, an audit report which meets the specifications set forth in Attachment F, Paragraph H of OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1990. i II. OTHER REPORTS AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. 'I: 3 C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: I The requirements of applicable sections of: 24 CFR 85 "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A-110 and A-128 shall apply to the use of funds disbursed under this Agreement. IV. NON-DISCRIMINATION: i No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, no further funding payments shall be made by the City to the Agency. VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. 4 VIII. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. IX. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. X. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XI. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs which are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this / 3 day of _J U n C=.- , 1989. CITY OF IOWA CITY, IOWA By: ayor ATTEST: city Clerc @CaOVED AS 0 LEGAL DEPARTMENT �o-7-'Pr MAYOR'S YOUTH EMPLOYMENT PROGRAM By: 11 1 ' I I L.� rC� Executive Director ATTEST: Title 1� RESOLUTION NO. 89-154 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with United Action for Youth to provide services for the young people of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an Agreement (copy attached) with United Action for Youth to provide such services. It was moved byfourtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco j �- Balmer �— Courtney ;. Horowitz �I �— Kubby Larson McDonald IL Passed and approved this 13th day of June 1989. I YOR j Appr ved as to Form ATTEST:� uenJ 9i �Y CLERK —" egal Department i X050 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 13 day of j14 PN e_ , 1989, by and between the City of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I. PURPOSE AND SCOPE OF SERVICES: During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY90. Specifically: A. The Agency agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: 1. Staff and maintain a walk-in center which will be open weekdays. 2. Maintain visibility and have planned and purposeful contact with youth in the community. 3. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. 4. Maintain records of Outreach workers, including youth contacts, activities and referrals. S. Build and establish working relationships and communications with other agencies in the community. B. The Agency agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: /00 i i I I 1 I i i I I I I I i AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 13 day of j14 PN e_ , 1989, by and between the City of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I. PURPOSE AND SCOPE OF SERVICES: During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY90. Specifically: A. The Agency agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: 1. Staff and maintain a walk-in center which will be open weekdays. 2. Maintain visibility and have planned and purposeful contact with youth in the community. 3. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. 4. Maintain records of Outreach workers, including youth contacts, activities and referrals. S. Build and establish working relationships and communications with other agencies in the community. B. The Agency agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: /00 i f1 1. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. 2. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. 3. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. 4. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. 5. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. C. The Agency shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with the Agency's staff, others' perceptions of the Agency's effectiveness, and service gaps among agencies. II. TIME OF PERFORMANC : This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990. III. COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Twenty -Three Thousand, Six Hundred and Thirty Dollars and No Cents ($23,630.00) to assist the Agency in meeting its expenses for administration, travel, equipment and supplies, as well as other operational expenses necessary for the operation of the programs described herein. B. Partial payments shall be made monthly, with the first payment to be made in July, 1989. Requests for each monthly payment shall be submitted together with source documents by the fourth day following the end of each calendar month. quarterly reports shall continue to be submitted as required by this Agreement. IV. TERMS AND CONDITIONS: A. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. B. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1990. 3 PART II I. PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the fifteenth day following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low- income or moderate -income, and the racial composition and age range of the Agency's client group. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1990, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under I this Agreement. D. For projects involving $25,000 or more, an audit report which meets the specifications set forth in Attachment F, Paragraph H of OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1990. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication I resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. i C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. r: 4 III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of applicable sections of: 24 CFR 85 "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations, and OMB Circulars A-110 and A-128 shall apply to the use of funds disbursed under this Agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. i V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that i it will comply with Chapter 18 (Human Rights) of the Iowa City Cade, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement In a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, no further funding payments shall be made by the City to the Agency. VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. VIII. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this w� i E Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. IX. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. X. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance i of this Agreement. XI. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs which are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day of u n , 1989. CITY OF IOWA CITY, IOWA By: �ir.— e� ayor ATTEST: 22l"D k 7(Q�,,, J City -clerk L .PROVED TO FOR LEGAL DEPARTMENT G - 7 ?9 UNITED ACTION FOR YOUTH By: 1yu. Exe ive DirectQor/ ATTEST:Cllt 9 G/ RESOLUTION NO. Rq-lgq RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from traditional approaches to youth services, to help them identify their individual needs, and to facilitate meeting the same in the best interest of the individual and the community, and j WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and ' operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement, a copy of which is attached hereto. i ESLVED BY THE CITY COUNIL IOWA, THEREFORE, FhattOhe MayorlbeRauthorized to execute andOtheOCityEClerk oCITY OFattestCITY Agreement. It was moved by CourtneyI' and seconded by Ambrisco Resolution be adopted, and upon roll call there were: the AYES: NAYS:�+ ABSENT: i XAmbrisco � _ Balmer X Courtney I XHorowitz XKubby X_ Larson McDonald Passed and approved this31 th day of June 1989. OR j Approved as to Form Z'DATTEST:7'.j e wwwCI CLERK gl ent ADS) 1 r RESOLUTION NO. Rq-lgq RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from traditional approaches to youth services, to help them identify their individual needs, and to facilitate meeting the same in the best interest of the individual and the community, and j WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and ' operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement, a copy of which is attached hereto. i ESLVED BY THE CITY COUNIL IOWA, THEREFORE, FhattOhe MayorlbeRauthorized to execute andOtheOCityEClerk oCITY OFattestCITY Agreement. It was moved by CourtneyI' and seconded by Ambrisco Resolution be adopted, and upon roll call there were: the AYES: NAYS:�+ ABSENT: i XAmbrisco � _ Balmer X Courtney I XHorowitz XKubby X_ Larson McDonald Passed and approved this31 th day of June 1989. OR j Approved as to Form Z'DATTEST:7'.j e wwwCI CLERK gl ent ADS) AGREEMENT THIS AGREEMENT, made and entered into on this 13 day of .JU r)4f— 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United Action for Youth ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. Specifically: I. Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. Ito SI i . i AGREEMENT THIS AGREEMENT, made and entered into on this 13 day of .JU r)4f— 1989, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United Action for Youth ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY90. Specifically: I. Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. Ito SI j 2 2. Recipient agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. i. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. i 3. Recipient shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectivenessof Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' perceptions of Recipient's effectiveness, and service gaps among agencies. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $17,370 to be used for general operating expenses of its programs. i B. The City shall transfer the funds to Recipient in quarterly payments of $4,342.50 each. The first payment will be made on July 15, 1989. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION I A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1990, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of j Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying I i651 3 information concernin gusin ersons Recipient's P 9 services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1990, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: MCDONALD, MAYOR ATTEST: 7)�14t� 9P lea� MARrAN K. KARR, CITY CLERK PPROK550 =MFQRM FQAL DEPARTMENT i 6--7-PS For United Action for Youth, Inc.: NAME TITLE �C ATTEST: NAME TITLE ■ WHiM Johnson County Council of Governments r 410E.\A/bshington5t, bvvC0tyb\Aa52240 Date: June 7, 1989 To: Iowa City City Council From: Marge Penney, Human Services Coordinator 04 Re: FY90 Aid -to -Agencies Funding for Human Service Agencies The City of Iowa City's FY90 budget as adopted by Council calls for funding Aid - to -Agencies assistance for human services partially with Community Development Block Grant monies and partially with monies from the General Fund. In order to minimize federal recordkeeping requirements, only three agencies will receive Community Development Block Grant funds; the remaining agencies will be supported by General Fund expenditures. Each agency will be funded for the exact dollar amount approved by Council. The pattern of support includes: Community Development Block Grant Funding (CDBG) A. Elderly Services Agency of Johnson County $ 36,920 B. Mayor's Youth Employment Program $ 30,500 C. United Action for Youth (partial) 23,630 General Fund CDBG TOTAL $ 91,050 , A. Big Brothers/Big Sisters of Johnson County $ 25,300 1 B. Iowa City Crisis Intervention Center $ 18,500 i C. Domestic Violence Intervention Program $ 24,000 D. Johnson County Hawkeye Area Community Action �I Program Project Headstart $ 2,600 A. Big Brothers/Big Sisters of Johnson County $ 25,300 B. Iowa City Crisis Intervention Center $ 18,500 C. Domestic Violence Intervention Program $ 24,000 D. Johnson County Hawkeye Area Community Action Program Project Headstart $ 2,600 E. Mid -Eastern Council on Chemical Abuse $ 10,000 F. Rape Victim Advocacy Program $ 11,000 ' G. Johnson County Chapter, American Red Cross $ 2,000 H. United Action for Youth (partial) $ 17,370 I. Neighborhood Centers of Johnson County* S 16,000 GENERAL FUND TOTAL $126,770 w GRAND TOTAL $217,820 *Formerly Willow Creek Neighborhood Center Please call me at 356-5242 if you have questions or concerns regarding any aspect of the City's FY90 Aid -to -Agencies funding for human services. /sp Y RESOLUTION NO. 89-156 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1989, through June 30, 1991, 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 BY THE 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 Larson and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Balmer Courtney _x Horowitz Kubby -x- Larson —x-- McDonald Passed and approved this 13th day of June , 1989. OR AP ;ed�o Form ATTEST: �� ��/ CI CLERK Legal Department TABLE OF CONTENTS PAGE PREAMBLE . ARTICLE I -- . . . . . . . . . . . . . . . . . . . . . . RECOGNITION . . . . . . . . . . . . . . 2 ARTICLE 11 . . . MANAGEMENT RIGHTS . . . . . . . . . . . . 2 ARTICLE III . . NO STRIKE - NO LOCKOUT . . . . . . . . . . 3 ARTICLE IV . BULLETIN BOARD . . . . . . . . . . . . . . 3 ARTICLE V . BUSINESS AGENTS . . . . . . . . . . . . . . 3 ARTICLE V1 . DUES CHECK OFF . . . . . . . . . . . . . . 4 ARTICLE VII -- . HOURS OF WORK . . . . . . . . . . . . . . 4 ARTICLE Vill . -- OVERTIME . . . . . . . . . . . . . . . . . 7 ARTICLE IX HOLIDAYS . . . . . . . . . . . . . . . . . 11 ARTICLE X . VACATIONS . . . . . . . . . . . . . . . . . . 12 ARTICLE XI SICK LEAVE . . . . . . . . . . . . . . . . . 13 ARTICLE XII SPECIAL LEAVES . . . . . . . . . . . . . . . 15 ARTICLE XIII . SENIORITY . . . . . . . . . . . . . . . . 19 ARTICLE XIV . DISCIPLINE . . . . . . . . . . . . . . 23 ARTICLE XV . . . INSURANCE . . . . . . . . . . . . . . . . . 23 ARTICLE XVI . SAFETY . . . . . . . . . . . . . . . . . 25 ARTICLE XVII . . -- PERSONNEL TRANSACTIONS . . . . . . . 25' ARTICLE XVIII . . . -- CLOTHING AND EQUIPMENT . . . . . . . 26 ARTICLE XIX . . . RECOVERY AND REHABILITATION PROGRAM. . 26 ARTICLE XX . . GRIEVANCE PROCEDURE . . . . . . . . . . . . 27 ARTICLE XXI . PAY PLAN . . . . . . . . . . . . . . . . 30 ARTICLE XXII . . AUTHORIZED REPRESENTATION, ENTIRE . AGREEMENT, AND WAIVER . . . . . . . . . 31 ARTICLE XXIII . GENERAL CONDITIONS . . . . . . . . . . 31 ARTICLE XXIV . . DURATION OF AGREEMENT . . . . . . . . . . 31 ARTICLE XXV . SAVINGS CLAUSE . . . . . . . . . . . . . 32 APPENDICES . . . 1 AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation .to work together in the public interest to provide improvement in the effective- ness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: ARTICLE I RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargain- ing excl ed tinfor Section C3tofothiIowa s Article. �Thise certificcationthose is based ion ian Order of Certification promulgated by the Iowa Public Employees Relations Board on February 2, 1976. Section Iowa ecizes the Johnson County Area Public Employees, Library Local of Tr183, asusteesrthe nsole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa City Public Employee Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the 1975 Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, finan- cially or otherwise, any other group 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. ii ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agree- ment, nothing herein shall be construed to restrict, limit, or impair the right, 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 are not limited to the following: 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, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency 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 financing, or for other legitimate reasons. 2 /pst g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime 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 duties granted to it by law. i ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any stri e a any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. ;I Section 2. No Lockout, The City agrees not to lock out employees during the term of this Agreement. !I' ARTICLE IV �I BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Relations Director. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employ- ees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who 'shall have access to City facilities only during regular working hours, for the purpose of investigat- ing matters relating to the administration of this Agreement. Section 2. The Union shall notify the Human Relations Director after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Depart- ment Director or designee when a business agent enters City property or facilities. City employees may not spend working time to, meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE VI 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 authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled 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. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancella- tions received by the 15th of the month will become effective on the first of the next month. Section d blameles for damage arisi g byTvirtuey�b of mistakes inlc nnectioniable and wwith ill be ds collectedsunder the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1. Definitions. Tem orar Em to ees - Those who regularly work less than twenty (20) hours per wee c, regar ess of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes 4 of bidding pursuant to Section 58 of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Employees - Those who work in positions which relate to regular perio3u weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Em to ees - Persons who are appointed to authorized budgeted pose ions and who have completed a probationary period upon initial employ- ment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hour -per -week increments. Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and minig , wenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Da 0 erations - The regular work week for permaneO TUll-time employees shall eg n on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full -Time - Continuous Shift Operations - (Work is regularly sc e u e 24 ours per ay, seven ays per wee . The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day operations - The regular work week for permanent u I 1-time-&-PTo—ye-e-s-s-ga7T-c-o-n-slst of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of -this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3 ui ing. on departmental bulle5n_ alr s withingular each division.work sc Anysperform ncewill beposted change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. 5 AIM_ 0 To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. ql-ng thi( Regular Ho UnionnSection advance —� Permanent chang surF—t of eorregu ar workThe Citywilweeknandfywithe ll discuss such changes if requested. Section 5. Temporary and Part -Time Employees. A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits throw h the rieance procedure. Nothing in this section shall require a permanent part-time i employee to regularly work more than his/her assigned hours. B. Tem orar Em to ees. Temporary, seasonal, and casual employees are not ent t e o s cc eave, vacation, insurance benefits, seniority, holi- days, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section I of this Article. employer. heir seniority ees may shallpete be computedor with theirilest withdatthe hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary employees. C. Special program employees include those funded by CETA, work study, and similar programs. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. ployees Special program em become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shall be given seniority preference over special program employees. The supervisor shall make a reasonable effort to notify bargaining unit employees of any known special needs or requirements of special program employees. D. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 6. Rest Periods. Except for the transit drivers the City will provide a fifteen (15) m nute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate 6 /OFOX supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 7. Meal Periods. The City will provide an unpaid lunch period of not less than it y ) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. Full-time bus drivers will be provided a thirty minute lunch break from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be negotiated. Section 8. Clean-up If the nature of work performed requires it, employees will be a owll ed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 9. Inclement Weather. Employees are expected to cone to work regardless of weather con i ions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. ARTICLE VIII OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee n excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the.regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. 7 Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from Performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. me will be ted timesvtheicurrent base ourlyarateaof therate remployeesnor by compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the desirreatofperformsthedability of the overtime service,nandithelemployeees seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the.need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. N ��SOL, During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours imme is e y a er the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. I Section 4. Stand -By Time. Employees who are on stand-by time are required to be at a place designated by then which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: Employee Assigned to Stand-by Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require 7 hours pay employee to take vehicle) 3. Cannot be provided with a vehicle due to 10 hours pay lack of vehicle availability 4. Is not provided with a vehicle because 10 hours pay employee resides outside city limits Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. 9 ��.SiZ Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call -In. An employee who has completed an eight (8) hour work day and­wTo—Ts—`caTTU in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Section 7. Professional Em to ees. No overtime will be paid or credit given for overtime work o pro ess onal employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Li ra'b ry w-17 receive six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments -' an an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay c ec s. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fisca year o ono er shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. 10 �OS� ARTICLE IX HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanks- giving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro -rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager 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 supervi- sor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty (80) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of consider- ing separation pay. e.g., Employee A receives credit for eighty (80) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours o of -h-Ti a� pay (Independence Day and Labor Day). e.g., Employee 8 receives eighty (80) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independenceany an�c Labor Day) have occurred prior to termination therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. 11 /D.S2. ■ 1 For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1 1/2) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which the are assigned are operating or open to the public will receive twelve (12� hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:0 P.M. and 7:5FAX ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Lenath of Service 0-5 years 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years more than 20 years Days Per Pay Month 1 1 1/4 1 1/2 1 3/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. 12 The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a Period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. moment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section leavecreditlper Accumulation. shallnhaveetheees shall rightbtogranted accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any err ployeegranted a paid leave shall continue to earn sick leave. Accumula- tion of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of amounthe �of employee's paymenten current be uphourly butbase shall snot exceed ethe amounthat the that dollar an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave, a. A day of accumulated sick leave shall be used for each day an .employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be horequred if abuse is on an uritotlh our basis for doctor'sdappointments . Sick aor thve erbhealth dmainte- nance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. 13 (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness of illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, 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 leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. 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 (1440 hours or 180 days) at the rate of one day per month. 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 back the Bank from other accrued leave or in cash. 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. minewhensickleave mayebeank used,dapplica application procedures, ittee will the leter- ength of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria 'for using Bank days. The Bank for serious or catastrgophicitillnesstofnindividualthe seinritof the thy e entire units and will develop policies to protect against abuse by individu- als. 14 iosa', d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work, performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guarantees the right to do so. Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE %II SPECIAL LEAVES Section 1. On -the -Job In'ur Upon application the City may grant a leave of absence wi Pay7n e 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, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when. the injury occurs and for a period of two (2) working days thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to .recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. 15 Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, or brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employ- ees, by the Library Director, except in cases of medically necessary disabil- ity leaves which shall be automatic provided the employee has exhausted all other accrued leave city -paid and submits the oea employer). Generexamali , such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same 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 shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. 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, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the Period of absence. c. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 16 /JXZ 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder 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 or at the employee's option may be billed on a monthly basis. 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 been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. I iSection 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 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 the employee is neither plaintiff nor defendant in the action and the City shall receive the witness fees up to the amount of compensation paid by the employee by the City for days testified. 6. Forcesctofnthe Military at se shall,owhen es corderedy toy active servicbranch of thee rmbe entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom.. The City shall comply with applicable law in regard to military leave. Employment subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of deter- mining seniority' and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employ- ment with the City. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasona- bly possible for him/her to vote during off hours. 17 nasi Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leaves a s�sence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, 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 employee who takes leave pursuant to this section shall return to work as soon as she is medically able. Section 9. Union Business Leave. I a. Any employee elected to office in the International American Federa- tion of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. !I b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating.to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any one employee under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. c. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the.operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. 18 e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of iabsence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at ion for such leave at leastnten (10) workme. The ingdaysee �inst make advanceaoflthe commencement of this leave. The provisions of Subsection d. above shall apply. Section 10. Professional Leave. The City and the Union agree that professional developmen is o ene it to employees designated as "profes- sionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for profes- sional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. c. The work -relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently, e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable jl immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned.a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disabil- ity as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave.without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will e s x ) continuous months. 19 The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appoint- ment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniorit An employee who has successfully completed an initial City probation per ad of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which escribes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experi- ence of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those jobs titles listed in Appendix A) will be laid off prior to permanent employees. 20 /os�. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non -promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid -off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid -off employees shall be offered the job first where the City determines the laid -off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classifica- tion within their department; but, if no such person or position exists, the laid off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid off employee may bump the least senior employee in a job outside their classification and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librar- ian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. The Union shall hold the City harmless and indemnify it for all suits,judgments, costs, fees or other expenses incurred due to any challenge made to the proper application of this Article, provided the Union is given prior notice of any such legal action and the opportunity to defend. 21 c. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. City Option. The length of the trial period for a person who is trans- ferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. C�omppensation after Transfer. When an employee transfers to another position within the same -or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined ori the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Senioritv. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. 22 ARTICLE XIV DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount ofi�iscippline 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 penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrong- doers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. c. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section 1. Medical Insurance. The City will provide the health insur- ance policy known as a ue ross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share 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 coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. 23 The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. 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 salary is $8,834, the face value of the life insurance policy is $9,000 In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dente if nsurance will be made 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 are 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. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. Section 5. Carrier Change. The parties agree that the employer may change insurance carriersp ded the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Section 6. Long Term Disability Insurance. Effective July 2, 1983, the City will provide long-term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the 24 AUX Parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. Theparties ot and confer regarding ora disabledCityemployeein order todiscuss the terms and conditions of such retraining and reassignment. ARTICLE XVI SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment w 1ch presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to Director. Ohe/she therdisputes shallfile safetythazardsgwill nbe processede throughDeartmthe regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Secti employeesoas representatives to each department/division -- The Union shall salect two fety committepity e. ARTICLE XVII PERSONNEL TRANSACTIONS Section es hall receive a coy of performance valuations,,eand sother documents which willpterusedolltforspurposes of promotion, evaluation warded at the time it is por discipline. The employee's copy will be for - laced in the file. 25 Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section mnor infractios which are not over review twelve (12) months old tathegtimerofithe regularlyn nscheduled performance correctedlorbthereoved has been subsan tantial' improvementvided towardthe correction. been Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be pro- vided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Section 2. The employer will provide required protective clothing or safety protective devices, ertinclu ring upall to $7O.00 annually for the Purchase of prescribed safety shoes. All safety shoe he reasonable full cost of medically approval from the employee's immediate supervisorhases must receive prior Purchase is subject to the grievance procedre comnencingnatlStep safety shoe XIX RTICLE RECOVERY ANDA REHABILITATION PROGRAM Section 1, Voluntary Referral Service. The City will Possible a voluntary re erra servue ore to ees with provide where j Employees who suspect they may have a work p problem even inersonal the y oblems. are encouraged to seek treatment or counseling. All such requests astages nd/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2, 'Problem Orinkin . In the interest of providing efficient services to the pu c t e i y recognizes that employee alcoholism can and eshould be treated. Eduan cational materials on problem drinking may be re- ligibleffor treatment andarehabilitaition follaba holism ounit empl drinking through the City's referral service and other available comnunity�resources. Alcoholism as an illness is not a cause for discipline P per se; however, 26 I I interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who Iden fEf y personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence perform- ance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE XX GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday for purposes of this section. Section 2. Representation. An employee who is a member of the bargain- ing unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other confer- ences between supervisors and employees except with the supervisors's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolu- tion. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensa- tion arising out of the resolution of a grievance is limited to the period of 27 /OSi time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. S�te1. The grievance shall be presented orally for discussion between tke employee grievant, the steward if the employee chooses to be repre- sented by a steward, and the employee's inmediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Stepp 2. If the gvance is not resolved by Step 1, the aggrieved employee or his/herie r steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person; two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall met within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting: C. Step 3: A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working ,days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration., Grievances not resolved at Step 3 of the Grievance Proce- dure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3Copies of any such request will be furnished to the City and to the Union. 28 The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been 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 (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance 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 parties. 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 at arbitration hearings as the parties may 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 and 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. Section 5. Labor -Management Committee. The Labor -Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining, unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non -working hours of the labor members. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g.,. new demands, changed circum- stances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). 29 /oS�- 1 _. ARTICLE XXI PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect -on June 23, 1989, shall be adjusted upward by three and one-quarter percent (3.25%) effective June 24, 1989. The resulting pay plan shall be further adjusted upward by three and one-half percent (3.5%) effective July 7, 1990. The effective date of compensation adjustments 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. Effective dates over the next four years, for example, are as follows: June 24, 1989 July 6, 1991 July 7, 1990 July 4, 1992 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will—justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (A -F). Employees at,Step A are eligible for review and an increase to Step 8 after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular job title for which the wage is being set. Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. Section 4. Equipment mechanics Each of the equipment division employees who is required to provi e a complete set of mechanics tools will receive fifty dollars (=50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $275.00 10 years 350.00 15 years 450.00 20 years 550.00 30 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. AUTHORIZED REPRESENTATION, XXII ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions Union and the City. Agreements reached as a of this Agreement shall be conducted by authorized representatives of the shall become effective only when signed by the aresult of such negotiations the parties. uthorized representatives of This Agreement supersedes and cancels all previous agreements and practices between the Agreement between the parties andyer dconcludesthe ocoll ctiven and sbargainingtituts efortits duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE XXIII GENERAL CONDITIONS Section 1; This agreement shall be construed under the laws of Iowa; Section 2; The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council; Comments on rules and the need for rulesrevisions in and Committee but any n w negotiations namdiscussedy be andatoryitemsbortotherhe bitemsnwiillebe conducted only by authorized teams in compliance with this complete Agree- ment. Section 3; The City and the Union agree they will not act to discrimi- nate because of race; creed; color, sex, age, nationality; or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law; ARTICLE XXIV DURATION OF AGREEMENT This agreement shall be in effect between July 1, 1989, and June 30, 1991: Furthermore; this contract shall continue from year to year subsequent to June 30;y1991; unless written notice to change or modify it is served by eittheher expiratyon date of to the her thispagreementrto or any extensi ntember 5 of thereof. preceding 31 ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their Agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issues(s) in question. if 32 050 � 1:. i �' ��. I i;_ I � � II l �I, i -.�'�( ,. �. .. ,�Ir. � li I� i'. .,.. ' I'... '.' _ . .,. ..�, RESOLUTION NO. 89-157 RESOLUTION AMENDING BUDGETED POSITIONS IN THE RECREATION DIVISION OF THE PARKS AND RECREATION DEPARTMENT. WHEREAS, Resolution No. 89-50 adopted by the City Council on March 7, 1989, establishing an operating budget for FY90, authorizes all permanent positions. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The authorization of personnel in the Recreation Division of the Parks and Recreation Department be amended by the addition of one permanent part-time (20 hours per week) Maintenance Worker I - Recreation and Government Buildings position, grade 01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, It was moved by Ambrisco and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this 13th day of June 1989. 4!w YOR .,, =jpoeForm � ATTEST: 7A! CITY CLERK Legal Department /4X3 i RESOLUTION NO. 89-158 RESOLUTION AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT. WHEREAS, Resolution No. 89.50 adopted by the City Council on March 7, 1989, establishing an operating budget for FY90, authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The authorization of personnel in the Fire Department be amended by the addition of one permanent full-time Firefighter. It was moved by Ambrisco and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: �L_ Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald Passed and approved this 13th day of _ June , 1989. OR 617 cede t Form ATTEST:a an CITY -CLERK Legal Department r,qb I 1f I I ,I i I I' I I I. 11 j 4, i i RESOLUTION NO. 89-158 RESOLUTION AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT. WHEREAS, Resolution No. 89.50 adopted by the City Council on March 7, 1989, establishing an operating budget for FY90, authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The authorization of personnel in the Fire Department be amended by the addition of one permanent full-time Firefighter. It was moved by Ambrisco and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: �L_ Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald Passed and approved this 13th day of _ June , 1989. OR 617 cede t Form ATTEST:a an CITY -CLERK Legal Department r,qb I 1f ; I ,I i I I' I I I. 11 City of Iowa City MEMORANDUM TO: Steve Atkins, City Manager FROM: Larry Donner, Fire Chief DATE: June 2, 1989 RE: Replacement for Injured Firefighter On February 27, 1989, Firefighter Bill Crow aggravated an old back injury while on duty. After evaluation by Firefighter Crow's personal physician and University of Iowa physicians, it was determined that he needs back surgery. Given the nature of his surgery it will be 6-12 months before we will know if he can return to work as a firefighter. On Tuesday, May 30, 1989, Firefighter Crow was placed on temporary disability by the Iowa City Fire Pension Board in accordance with state law. His back surgery is scheduled for June 13, 1989. Because of our light staffing, we maintain a minimum staffing level of 13 personnel on duty. The long term absence of a firefighter increases our overtime as well as disrupting normal Fire Department activities. I would like to replace Firefighter Crow during his convalescence to reduce the difficulties caused by his absence. Assuming that Firefighter Crow fully recovers from his surgery, and assuming there are no other personnel losses during the year, there is a risk that the Fire Department will be one employee over authorized strength when Firefighter Crow returns to duty. The above mentioned risk is reduced with the projection of one additional fire position for training in FY91. The worst financial risk to the City occurs if Firefighter Crow returns to duty in 6 months leaving us with an unbudgeted person for 6 months. On the other hand, if Firefighter Crow's surgery isnot totally successful, we will replace him anyway with no additional financial risk for the City. Thanks for your consideration, i i J