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Home My WebLink About1984-04-10 ResolutionRESOLUTION NO. 84-64 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: The Sports Column Corp. dba Steven G. Shullaw dba The Sports Column Coro. Needs, Inc. 12 S. Dubuque 18 S. Clinton Iowa City, IA 52240 Iowa City, IA 52240 Maid -Rite 1700 First Avenue Iowa City, IA 52240 It was moved by Zuber and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this loth day of April , 19 84 ayor Attest: City Clerk 4� 33 i r RESOLUTION NO. 84-65 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 j having a valid Class "B" Beer Permit or liquor control license, to wit: Amelia Corp. dba Amelia Earhart Deli 223 E. Washington St. Iowa City, IA 52240 It was moved byand seconded by Ambrisco T that the Resolution as res e a opted, and upon rol ca ere were: AYES: NAYS: ABSENT: Ambrisco X Baker % Dickson X Erdahl R A!cDonald X Strait X 7,.i,e, X Passed and approved this inti, day of April 19 84 . ayor l �gn_e2,✓ �� .•�iJ.i2� City Clerk Attest: �3�1 IOWA DEPA�NT OFTRANSPORTATION F,nm KIM... .... h...d WAY DIVISION 341 Application for use of i. Highway Right of Way for `�', Utilities Accommodation County Johnson Pcmit No. SZ -883 Applicant Northwestern Rall T 7 nhnnP Camp I pm[nl O�nnl 830 First Avenue N.E. Cedar Rapids Iowa 52402 IAdd,u,l WHO Istplel Rip OW[I Iowa Department of Transportation Ames, Iowa 50010 Gentlemen: Approval is hereby requested for the use of Primary Highway in Sec. 11 Iwme[n T 79N , R 6W I JOhneon County— 0 miles, Iowa City ID^¢tl^nl IP"ca. lm.n. r11.1 at Highway Station(s) No. Governor R ChUrCh_5t for the accommodation of an _telephone compsra�— line for the transmission of voi ra cianal The installation shall consist of placing buried cable as chnwn On atta rhed cketrh Wt A 1 n R0711' I fkmtl,d ikanpuonl ' minimum depth 36" below surface, and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company,corporation,applicant, permit holder or licensee, (hereinafter referred to as the permit holder) agrees that the following stipulations shall govern under this permit. I. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current Iowa Department of Transportation Utility Accommodation Policy. 2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regulations and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa Stale Department of Health, all rules and regulations of the Iowa Department of Transportation, and any other laws or regulations applicable. 3. The permit holder shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused by highway construction or maintenance operations. 4. The Iowa Department of Transportation shall give the permit holderat least 48 hours -written notice of any proposed construction or maintenance work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the permit holder in order that the permit holder may arrange to protect its facilities. 5. The State of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the permit holder's property occasioned by any construction or maintenance operations on said highway. 6. The permit holdcrshall takeall reasonable precaution during the construction and maintenance of said installations to protect and safeguard the lives and property of the traveling public and adjacent property owners. 7. The permit holder agrees to give the Iowa Department of Transportation forty-cight hours' notice of its intention to start construction on the highway right-of-way. Said notice shall be made in writing to the Engineer whose name is shown below. 8. The permit holdcragrecs to atoll times give the Iowa Department o(Transportation timely notice of intention to perform routine maintenance within the right-of-way. Said notice shall be to the Engineer whose name is shown below. 9. The permit holder, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety of the public. Traffic protection shall be in accordance with Part VI of the current Iowa Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. Flagging operationsare the responsibility of the permit holder. The original placement ofsignsand removal on completion of the work shall be accomplished by the permit holder. 10. Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to cause minimum of interference to or distraction of traffic on said highway, 4 ,35 II. The permit holder shall be responsiblc;-lany damage that may result to said highwa,--ause of the construction operatior'. or maintenance of said utility, and shall reimbl ;the State of Iowa or the Iowa Department t...ransportationany expenditure that the - State of Iowa or the Iowa Department of Transportation may have to make on said highway because of said Permit Holder's s utility having been constructed, operated, and maintained thereon. 12. The permit holder shall idemnify and save harmless the State of Iowa. and the Iowa Department of Transporta lion from any and all causes of action, suits at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of, or due to the acts or ommissions of said Permit holder's officers, members, agents, representa- lives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancyof thepublic highway under this permit. 13. Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be considered cause for shut -down of utility construction operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused to be performed by the State in removal of non -complying construction will be assessed against the permit holder. 14. A copy of the approved permit shall be available on thejob site at all times for examination by Department of Transportation officials. 15. This permit shall terminate 20 years from date of approval for gas and water mains outside the corporate limits of a municipality in accordance with the Code of Iowa. Chapter 320. Renewal may be requested. 16. The following special requirements will apply to this permit: APPLICANT: S Northwestern Bell Telephone Company By �jC. Enpr-Dist xnn,Cro.na Si,na...NS. E. Allen tin, 830 First Avenue N.E. Dale March 8. 1984 Addrru Cedar Rapids, Iowa 52402 APPROVAL OF CITY OR TOWN (If proposed 'ne is within an incorporated town or city, the Council of said town or city must grant approval for installation.) "The fill rsigned cit or own joins the grants embodied intheabove permitexecutcd bythe Iowa Department of Transportation on Gond' ton t at al of a cot mints and undertakings therein running to the Iowa Department of Transportation shall insure to the benefit f un cd cit r town. The permit is approve by thebelowdelegated city or town official. B y ' v l.�i Li Lm �m¢nt Dale S,mm,r ntr APPROVAL BY THE STATE FOR POLE LINE AND BURIED INSTALLATIONS Date anid,m Mninvmme rn,in,rr APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS Recommended aaarin Munamrc, rnpin,n W., Approved 'i D'nIII[I Mrim,nnn<r Enlinm Dnr .Notice of intention to start construction on the highway right-of-way shall be sent to: Notice of intention to start maintenance on the highway right-of-way shall be sent to: 5 Copia M Ihit ,ppliaunn •dl h, uuuirrd Im all rmulhunm �.1 E TYPICAL SECTION FDR BORING L u z S o z O f J i7 Q LL u,Db NOT DISTURB RDADWAY a k �_ INS IDE DITCH LINE W IT! -f Q GPEPI CST ic I� E PRDP6 SEG ENOASENENT -lh-_ N OT E S OI AREA TD 5E RESTORED TD TD DR I GINAL OR BETTER COND I TI DN. Q CABLE SIZE 1.9" DIAMETER PLASTIC CDVERED CABLE. (� S('ALE I" < I00'. 0 $A - CHUf RESOLUTION NO. 84-66 RESOLUTION ACCEPTING THE WORK FOR THE RELOCATION OF THE SANITARY SEWER AND STORM SEWER FOR 1000 OAKCREST STREET APARTMENTS WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, I For the relocation of the sanitary sewer and storm sewer for 1000 Oakcrest Street Apartments in Iowa City, Iowa as constructed by J. C. Construction Ltd. of Iowa City, Iowa AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Zuber and seconded by_ Ambrisco _ that the resolution as read be adopted, and upon roll calT —there were_: AYES: NAYS: ABSENT: Ambrisco R Baker X Dickson X Erdahl X McDonald X Strait R Zuber Passed and approved this lOtli day of April 19 84, MAYOR Recelvod & Appiovod ATTEST: yrn^,� (� - �.i,v By Zho L -Sal Depajilnent CITY CLERK. 4. 3 G36 1 CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) ENGINEER'S REPORT April 3, 1484 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Relocation of the sanitary sewer and storm sewer for 1000 Oakcrest Street Apartments in Iowa City, Iowa, as constructed by J.C. Construction Ltd. of Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. S ctfull s t CAi� ! Frank K. Farmer City Engineer bdw2/5 434 11 RESOLUTION NO. 84-67 RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT AN ADMINISTRATIVE CLERK TYPIST AS A SPECIAL DEPUTY CITY CLERK TO SERVE AS CLERK FOR THE CITY COUNCIL WHEN NEITHER THE CITY CLERK NOR DEPUTY CITY CLERK CAN ATTEND. WHEREAS, the City Clerk serves as Clerk of the City Council; and WHEREAS, the City Clerk has one Deputy City Clerk who is authorized to serve as clerk for the City Council; and i WHEREAS, there may be occasions when neither the City Clerk nor the Deputy City Clerk are able to attend and take minutes at City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The City Clerk is hereby authorized to designate an administrative clerk -typist employed by the City as a Special Deputy City Clerk to i serve as clerk of the City Council on those occasions when neither the City Clerk nor Deputy City Clerk is able to attend a meeting of the City Council. It was moved bylupu]�and seconded by Ambrisco the Resolu- tion be adopted, anan ll there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 10th day qf April 1984. i YAR ATTEST: CIT CLERK Received & Approved By The Legal Department 6.37 1' Y RESOLUTION NO. 84-68 RESOLUTION ESTABLISHING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S UMTA SECTION 3 GRANT AMENDMENT TO ALLOW THE PURCHASE OF TWO ADDITIONAL TRANSIT COACHES WHEREAS, the City of Iowa City has entered into a grant agreement with the Urban Mass Transportation Administration to purchase transit coaches and other equipment, and WHEREAS, adequate federal and local funds exist to allow the purchase of two additional transit coaches, and WHEREAS, interested citizens should be provided an opportunity to review and comment on the amended grant agreement to purchase these additional transit coaches, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said grant amendment be held at 7:30 P.M. on April 24, 1984, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish notice of said public hearing in a newspaper, published at least once weekly and having a general circulation in the city; and 3. That the City is hereby authorized and directed to place on file for public inspection the City of Iowa City's UMTA Section 3 grant application and agreement for financial assistance to purchase transit coaches and other equipment. It was moved by Zuber and seconded by Ambrisco the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this 10th ATTEST: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of April , 1984. ketcivocl J. ANPrr: r+ Ly Jal Ueparin:er.t t 3M RESOLUTION NO. 84-69 RESOLUTION SETTING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S FY85 STATE TRANSIT ASSISTANCE APPLICATION. WHEREAS, the City of Iowa City intends to file an FY85 application with the Iowa Department of Transportation for State transit financial assis- tance, and WHEREAS, interested citizens should be provided an opportunity to review and comment on this application, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a public hearing on said application be held at 7:30 p.m, on May 22, 1984, in the Council Chambers of the Iowa City Civic Center; and 2. That the City Clerk is hereby authorized and directed to publish two notices of said public hearing in a newspaper, published at least once weekly and having general circulation in the city, one notice not less than seven (7) or more than thirty (30) days before said hearing, and one notice at least thirty (30) but not more than sixty (60) days before said hearing; and 3. That the City is hereby authorized and directed to place on file for public inspection by May 1, 1984, the City of Iowa City's State transit assistance application for FY85. j It was moved by Zuber and seconded by Ambrisco the Resolu- tion be adopted, an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 10th day of April 1984. AYOR ATTEST: C1 CLERK Nwelvod S, Awravod8 B; T6a Legal De;.astmerf 637 -77-9 RESOLUTION NO. 81-23 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN, AND PRELIMINARY PLAT OF HUNTER'S RUN SUBDIVISION, IOWA CITY, IOWA. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the approval of the preliminary planned area development, large scale residential development plan and preliminary plat of Hunter's Run Subdivision, Iowa City, Iowa, be granted with the following conditions. 1. The preliminary plat for Hunter's Run Subdivision is approved• subject to the approval of the final plat, ,final planned area development plan and final large scale residential development plan for each of the eight parts provided for on said preliminary plat of the Hunter's Run Subdivision. 2. Obtaining and dedicating to the City of Iowa City, sanitary sewer easements so that the sewer lines from this subdivision can hook into the sewer which will serve the Johnson County Care Facility. 3. Provided that the Schedule of Completion set forth on the preliminary plat be adhered to. It was moved by . Roberts and seconded byyevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch x Neuhauser Perret X Roberts x Vevera Passed and approved this 10th day of February , 1981. 7 ATTEST: CITY CLERK Retahmd & Approved By Tho Legal Department � - 4z4z? i 41fz9 To: Planning & Zoning Commission Item: 5-8016. Hunters Run GENERAL INFORMATION I Applicant: i i Requested action: Purpose: i i Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: STAFF REPORT Prepared by: Doug Boothroy Date: January 15, 1987 Schaler Enterprises, Inc. 1550 S. Gilbert St. Iowa City, Iowa 52240 Preliminary plat, planned area development, and large scale residential plan approval. To develop 253 residential units. One-half mile west of Mormon Trek Boulevard along Rohret Road. Approximately 117 acres. Undeveloped and R1A. North - undeveloped and 111A. South - undeveloped and RIA. East - undeveloped and 111A. West - undeveloped and RIA. Area is designated for a density of between 2-8 dwelling units per acre. Requirements of the Subdivision Code, provisions of the Planned Area Development, Storm Water Management, and Large Scale Residential Development Ordinances. 1/21/81. 2/5/81. Adequate water service is available. Sewer service will be Provided via the extension of the Johnson County trunk sewer. �4Z9 Public services: Transportation: Physical characteristics: ANALYSIS Sanitation service and police and fire protection are available. Access is provided from Rohret Road. The topography is characterized by hilly, rolling terrain of moderate relief. The subject application is for preliminary plat, planned area development, and large scale residential development plan approval of a development, entitled Hunter's Run consisting of 117 acres and 253 units. The time schedule for completion of said plan is over a 8-9 year period with a projected completion date of 1989. The overall density of the development approximates 14,000 square feet of land area per unit which is a lower density than the 10,000 square feet per unit required by the present R1A zoning. In general, the design of the development is very good. Generous amounts of open space (11.5 acres) are provided within the development. These areas are suitable for both active and passive recreation. They also provide organization to the development and buffering between higher and lower density uses. The open space areas are located along public rights- of-way which maximizes their accessibility and 'visibility to the neighborhood. The parkway located along Willow Creek is of suitable size to permit development of playfields. The developer proposes to dedicate these areas to the City and has forwarded this proposal to the Parks and Recreation Commission for their comments and recommendations. The Parks and Recreation Commission will consider this proposal at their regular meeting of January 14, 1981. The area on the plat denoted as outlot D is for right-of-way acquisition and future development of Freeway 518. Because of the isolation of this development from the community resultant of the construction of Freeway 518, it is important that pedestrian and bicycle access be provided linking this neighborhood to existing and proposed neighborhood facilities (e.g. schools and a neighborhood commercial center) to the east. The subject development provides a means by which to accommodate this concern by proposing a 30 foot access easement along the northern boundary of said outlot. In order for access to be provided thorugh this area a highway underpass would be necessary approximately 200 feet in length. Construction of such an underpass should be pursued by the City with the development of Freeway 518. North -south continuity within the neighborhood west of Freeway 518 can be prOided for as development occurs. The future extension of Duck Creek Drive paralleling Freeway 518 and possible expansion of a linear parkway system along Willow Creek are important design factors to continue as development occurs north of Hunters Run. M Hunters Run Part 1, located south of Rohret Road, is designed at a rural density due to its present lack of sewer and water service. This part of the subdivision is located in a different watershed necessarily requiring sewer service to be provided from the south via a different trunk sewer. Because it is not economically feasible to develop Part 1 at rural densities and also meet City standards, eight lots have been proposed fronting on Rohret Road. The developer has limited points of access to four by the use of common drives. The Commission, in its consideration of traffic design standards, has suggested a standard for access along one side of an arterial street to be every 300 feet as measured centerline to centerline. In order for Part 1 to comply with this standard, either the subdivision would have to be redesigned backing lots onto the arterial street by the use of an interior street system or access to lot 5 could be provided in common with lots 6 and 7. When sewer service is finally provided to Part 1 there will be a strong incentive to resubdivide lot 8. As an alternative to requiring public improvements for lot 8 at this time, an agreement should be submitted which states that upon resubdivision of lot 8 the owner agrees to provide public improvements and comply with the Storm Water Management Ordinance. The preliminary plat and development plan of Hunters Run should not be approved until the applicant can obtain access to the trunk sewer being extended to the County Home. In order to gain access to said sewer it is necessary for the applicant to obtain easements from the adjoining property owner to the north on whose property the sewer is being located. Although the trunk sewer being extended to the Johnson County care facility could serve up to 655 acres of land, its present capacity will be constrained by the 10" sewer trunk line to which it connects. Based upon a population density of 12 people per acre and 350 gallons of capacity/person/day, the 10" line has the ability to accommodate only 168 acres. Approximately 47 acres of this capacity have already been utilized by existing developments in the northeast corner of the service area and an additional 3.5 acres of the capacity will be consumed by the Johnson County care facility. As a result, the remaining capacity of this line has been reduced to 116.5 acres. Once approved the subject development would reserve approximately 80 acres of the existing capacity. Therefore, obtaining access to the trunk sewer located on the adjacent property cannot be assumed. The City should not approve the preliminary plat, which in effect locks in the development density of the tract, without first obtaining easements from the developer for access to the sewer or alternatively approving the preliminary development plan subject to the provision of these easements. Another important consideration regarding planned area development plans is adherence to a time schedule of completion. As a condition of the preliminary plat and plan approval an agreement should be submitted providing for a review of the development in terms of its complying with the time schedule of completion and, if appropriate, consideration of revising the time schedule and other possible amendments or actions regarding the development. This review process would be transmitted to both the Planning and Zoning Commission and the City Council and processed in the same manner as other planned area development plan proposals. Details of such an agreement should be worked out between the staff and the applicant prior to Council action. 4 RECOMMENDATION The staff recommends that the.preliminary subdivision plat, planned area development and large scale residential development plan be deferred. Upon revision of the plan correcting the deficiencies and discrepancies noted below, and the incorporation of the concerns mentioned above, and -receipt of the Parks and Recreation Commission's recommendations concerning the dedication of park land, it is the staff's recommendation that the preliminary plat, planned area development and large scale residential development plan be approved. DEFICIENCIES AND DISCREPANCIES ocal 1 streetat should be with pavement rwidthdto of 28oPleasant backtofacurb tDrive oback-of-curb and.a right-of-way width of 50 feet. 2. Sewer and water easements on lot 135 should be 15 feet in width. 3. Private drive accesses along Rohret Road should be 300 feet centerline to centerline. 4. Hunters Run should align with the private drive access to lots 1 and 2. 5. The typical street cross-section should show the private drive standard of 6" P.C.C. or 8" equivalent asphalt surface. 6. Sewer easements should be provided for access to sewer located on the adjoining property to the north. 7. An agreement should be provided for review of the planned area development amendment within three years to determine compliance with the development time schedule. 8. A 20 foot utility easement between lots 132 and 133 should be provided. i ATTACHMENTS 1. Location map. i ACCOMPA NTS 1. Typical elevation of proposed condominium units. 2. Preliminary plat, planned area development and -large, scale resi ential l plan. / Approved by: Dona d Sc meiser Acting Director Department of Planning and Program Development 6 /?Z9 ACREEMf31T THIS AGREEMENT made by and between Shaler Enterprises, a partnership, the equitable nwners and developers hereinafter referred to as SMALER, and the City of lawn City, Iowa, a municipal corporation hereinafter referred to as CITY. WITIIESSE711: In consideration of the City approving tile. prellmluary plat, plaimed area development and large scale residential plan of Ilunter's Run Subdivision, Iowa City, Iowa, Shaler hereby grunts to the City of Inwo City, the rtghc to review the planned area development and large scale residential plan, four years after .the date of the City's approval of said preliminary plat. Tie review shall be limited to determine whether or not the planned area development and large scale residential plan as presented on the preliminary plat is being completed in substantial conpllsoce with the plana and agruments of said preliminary plat and plans. In the event that the development is not proceeding in substantial compliance with the planned area development, than the City of Iowa City, may cake the following actions 1. That the planned area development coning for the entire area be continued with revised time limits; or 2. That tiie planned area development zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category; or 3. That other appropriate amendments be made or actions taken. Tile agreement shall be binding on tilt parties, their successors in Interest or coigns. Signed this !/� day of February, 1981. CITY OF IOWA CITY, IOWA SIIALER ENTERPRISES, A PARTHERS111P mayorLa earn J. Sliay,/A�+rtner BY2Lk ark Ronald W. Scl,lntlar, A Portree[ � ..oft t - J ase RAZrt S IZntler, A Partner U If, FFQ 1 J.. •' Richard Joaglh Sclilntler, A Partner CITY Cl tp.!. I 4W9 City of Iowa CH17 MEMORANDUM Date: March 14, 1984 To: Planning and Zoning Commission From: Karin Franklin, Planner Re: Rezoning of One Acre - Highway 1 West, Southwest of Iowa City, Z-8405 The Johnson County Zoning Commission has received a request to rezone one acre of land in the County from Al to 113A. The change from the agricultural classification to multi -family is requested to permit the construction of a four-plex or a six-plex. The property is located south of Highway 1 West at the outermost extremity of Area 1 of the Fringe Area Policy Agreement. The policy statement for Area i indicates agriculture.. as the preferred use, with residential uses for farm family purposes being appropriate only when soil and site conditions permit. Annexation of most of Area 1 is not anticipated. The County Zoning Commission has reviewed this rezoning request and has recommended denial based on 1) inconsistency with the County's Comprehensive Plan, 2) incompatibility with adjoining farm uses, and 3) poor soils for on-site sewage treatment. Staff Recommendation: The staff recommends that the City reject the rezoning request as inconsis- tent with the policy set forth in Area 1 of the Fringe Area Policy Agreement. Approved by: Don Schmeser, Director Department of Planning and Program Development bj3/8 t City of Iowa Cite MEMORANDUM Date: March 14, 1984 To: Planning & Zoning Commission From: Karin Franklin, Planner Re: Rezoning of Sunrise Village Mobile Home Park, Z-8406 The Sunrise Village Mobile Home Park encompasses 27.7 acres east of Scott Boulevard just north of the Chicago, Rock Island and Pacific Railroad tracks. This property has been an established mobile home park for some time under CH zoning in the County. With adoption of the RMH zone by the County last year, various properties will be considered for rezoning from CH to RMH so that existing manufactured housing uses will be conforming. The Sunrise Park is within Area 5 of the Fringe Area Policy Agreement. Residential development at urban design standards is projected for a one mile area east of Scott Boulevard where annexation may occur as City services are provided: Rezoning of the property from CH, a commercial zone, to RMH, a residential zone, is consistent with the Area 5 policy. Since the develop- ment already exists, no comment regarding standards is necessary. Staff Recommendation: The staff recommends that the Commission advise the City Council to endorse the rezoning of 27.7 acres east of Scott Boulevard, known as the Sunrise Village Mobile Home Park, from CH to RMH. Approved by: ; � on Schqeiser, Director Departme t of Planning and Program Development bj3/5 (57 r .I 1.1�r �. _1 1 _ .I -_i1 � �• 77 I I 1 � l• _ -- r • I � � � � -�� :�, 1, � �� r !E�UESTp AREA i13 iJ� lid �� - / I I • tl. I �� --1 Ii i j � �!� •1� � i AY 7.- Y. � -cr. •"'- ~iT �+ Sw-� �rd.� a-__— .. H �._�:� i� • .nor a I I City of Iowa Cit' MEMORANDUM Date: April 4, 1984 To: City Council From: Karin Franklin, Planner Re: Off -Street Parking Design Standards - Parking Spaces on Alleys On April 12, 1983, the City Council adopted an amendment to the off-street parking regulations which established certain design standards for parking areas. Prior to adoption of that amendment, a use requiring up to 18 spaces could have Fn those spaces access directly off of an alley; no driveway or aisle would be required. With adoption of the amendment in 1983, no parking.area with more than eight spaces could be designed in such a manner that exiting a parking area would require backing into an alley. A parking area was defined as a facility intended for the parking of four or more vehicles. Potentially, a lot could have more than one parking area, with eight spaces in one parking area accessing directly off of an a1Tey and another separate parking area having access via a drive off of the alley or a street. The April 12 amendment was incorporated into the Zoning Ordinance adopted December 20, 1983, and is in force now. The proposal before the Council at this time would restrict the usage of an alley for direct access to those lots on which the maximum number of spaces required or provided was eight or less. In no case where more than eight spaces were required or provided could an of the 'parking spaces access directly off of an alley. A hypothetical case of a 90' X 150' lot with a use requiring 18 parking spaces is presented below in diagrams showing the maximum number of parking spaces which could access directly onto an alley under A) the 1974 Zoning Ordinance, B) the April 12, 1983,amendment, and C) the amendment proposed by the Planning and Zoning Commission. The illustrations are "worst case" situations; that is, they optimize use of the alley and assume that the builder will use the least amount of paving possible. bj3/2 65-2- a' tiur J A) 1974 ZONING ORDINANCE MLIC SMR a' uur B) WITH DESIGN STANDARDS, APRIL 1983 W aur C) PROPOSED AMENDMENT 65;2- RESOLUTION NO. 84-70 RESOLUTION APPROVING THE FINAL PLAT OF PEPPERWOOD ADDITION, PARTS 4, 5, 6 AND 7, A SUBDIVISION OF JOHNSON COUNTY, IOWA WHEREAS, the owners, Braverman Development Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Pepperwood Addition, Parts 4, 5, 6 and 7, which area is legally described in Attachment A; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recom- mended approval of same; and WHEREAS, the final 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 final plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. WHEREAS, approval of the final plat constitutes approval of overwidth pavement on Sandusky Avenue (36 feet in width), and in accordance with Chapter 32 of the Iowa City Code of Ordinances the City shall be required to pay for that paving in excess of 28 feet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Pepperwood Addition, Parts 4, 5, 6 and 7 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; and the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. 3. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized to enter into an agreement with Braverman Develop- ment Inc. for the overwidth paving of Sandusky Avenue and Keokuk Street and the subsequent reimbursement of said developer for that portion of the paving in excess of 28 feet, in accordance with Section 32-54(a)(12) of the Iowa City Code of Ordinances. 65141 I P 2 aye It was moved by Erdahl and seconded by Zuber the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x_ Zuber Passed and approved this 10th day of brit , 1984. ATTACHMENT A PEPPERWOOD ADDITION - PART 4 A subdivision in the SE 1/4 14E 1/4, Section 22, T.79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Beginning at a 5/8" rebar marking the N11 corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying 11 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40"W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89 degrees 33'40" W - 746.94 feet; thence S 0 degrees 26'20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45 degrees 26'20" W - 21.21 feet; thence S 0 degrees 26'20" W - 66.00 feet; thence S 89 degrees 33'40" E - 321.94 feet; thence S 0 degrees 26'20" W - 130.00 feet; thence N 80 degrees 58'36" E - 60.83 feet; thence S 89 degrees 33'40" E -380.00 feet; thence N 0 degrees 26'20" E - 321.00 feet to the Point of Beginning. Said Part 4 contains 4.69 acres. PEPPERWOOD ADDITION - PART 5 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79 N., R.6 W, of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the N14 corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; Thence S 0 degrees 26'20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12 degrees 59'16" W -165.78 feet; thence S 16 degrees 26'20" W - 170.00 feet; thence S 83 degrees 33'54" W - 199.65 feet; thence N 77 degrees 21'14" W - 111.80 feet; thence N 48 degrees 44'46" W - 108.65 feet; thence N 12 degrees 58'33" W - 93.37 feet; thence N 13 degrees 21'03" E - 117.98 feet; thence N 36 degrees 15'03" E -47.67 feet; thence N 80 degrees 58'36" E - 60.83 feet; thence S 89 degrees 33'40" E - 380.00 feet to the Point of Beginning. Said Part 5 contains 3.27 acres. PEPPERWOOD ADDITION - PART 6 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79 N., R.6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 N11 1/4, Section 23; thence N 89 degrees 33'40" W - 746.94 feet; thence S 0 degrees 26'20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45 degrees 26'20" W - 21.21 feet; thence S 0 degrees 26'20" W - 66.00 feet; thence S 89 degrees 33'40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0 degrees 26'20" W - 60.00 feet; thence S 11 degrees 47'29" W - 121.96 feet; thence S 9 degrees 15'50" W - 80.87 feet; thence S 0 degrees 44'59" E - 80.87 feet; thence S 10 degrees 45'48" E -80.87 feet; thence S 20 degrees 46' 37" E - 80.87 feet; thence S 30 Page 2 degrees 38'09" E -80.89 feet; thence S 37 degrees 33'40" E - 152.21 feet; thence S 66 degrees 42'01" E - 96.62 feet; thence S 89 degrees 59'17" E -195.00 feet; thence N 8 degrees 37'16" E - 253.82 feet; thence N 77 degrees 21'14" 14 -111.80 feet; thence N 48 degrees 44'46" W - 108.65 feet; thence N 12 degrees 58'33" W - 93.37 feet; thence N 13 degrees 21'03" E - 117.98 feet; thence N 36 degrees 15'03" E - 47.67 feet; thence N 0 degrees 26'20" E -130.00 feet; thence N 89 degrees 33'40" W - 306.94 feet to the Point of Beginning. Said Part 6 contains 5.48 acres. PEPPERWOOD ADDITION - PART 7 A subdivision in the SE 1/4 NE 1/4, Section 22, T.79N., R.6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0 degrees 01'45" E - 1205.49 feet and N 89 degrees 33'40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0 degrees 26'20" W - 321.00 feet; thence S 12 degrees 59'16" W - 165.78 feet; thence S 16 degrees 26'20" W - 170.00 feet to the Point of Beginning of Part 7 herein described; thence S 78 degrees 59'36" E - 118.21 feet; thence S 8 degrees 03'02" E - 109.38 feet; thence S 6 degrees 56'40" W - 126.19 feet; thence S 59 degrees 49'30" W - 43.61 feet; thence S 0 degrees 03'20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 89 degrees 47'40" W - 89.06 feet to the NW corner of said Part 3; thence S 0 degrees 12'20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book 691 , Page401 Johnson County Recorder's Office; thence N 89 degrees 59'17" W - 455.56 feet along said south line of NE 1/4; thence N 0 degrees 00'43".E - 173.28 feet; thence S 89 degrees 59'17" E - 34.00 feet; thence N 0 degrees 00'43" E - 120.00 feet; thence S 89 degrees 59'17" E - 195.00 feet; thence N 8 degrees 37'16" E - 253.82 feet; thence N 83 degrees 33'54" E - 199.65 feet to the Point of Beginning. Said Part 7 contains 5.25 acres. I Louis SHULMAN pcoG-waz) WILLIAM V. PHCLAN WILLIAM M.TUcnCR DANIEL W. BCYLE CHARLES A. MULLCN STEPHEN F BRIGHT BRUCE L. WALHCR RICHARD M.TUCnER THCMAs H.GELMAN v PHELAN, TUCKER, BCYLE & MULLEN ArTuRNEVE " LAw BREMER BUILDING P. a. Box 2150 IOWA CITY, IOWA 52244 April 16, 1984 Marian K. Karr City Clerk City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Pepperwood Parts 4,5,6 and 7 Dear Marian: TELEPHONE (CIG( 354-1104 I am returning herewith the original platting documents in connection with the above subdivision which were placed of record in the Johnson County Recorder's Office on April 12, 1984. I am also returning herewith originally signed copies of the reimbursement agreements in connection with the over - sizing of Keokuk and Sandusky which were not placed of record. The separate agreements were not in recordable form and since neither the City nor the Developer needs record notice for protection under these agreements, I saw no reason to place them of record as a part of the platting procedure. If you find you need any additional items to complete your file in connection with this platting, please feel free to contact me. Y9urs very truly, Charles A. Mul en CAM/lm Enclosure CC: Ralph Stoff.,_ Southgate Dev --ment I GG DEDICATION T PEPPERWOOD ADDITION, PARTS 4, 5, 6 AND 7 KNOW ALL MEN BY THESE PRESENTS: That Braverman Development, Inc. does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit: Pepperwood Addition, Part 4: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 33' 40" W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 321.94 feet; thence S 00 26' 20" W - 130.00 feet; thence N 800 58' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet; thence N 0° 26' 20" E - 321.00 feet to the Point of Beginning. and Pepperwood Addition, Part 5: commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 120 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet; thence S 83° 33' 54" W - 199.65 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46"'W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 360 15' 03" E - 47.67 feet; thence N 80° 38' 36" E - 60.83 feet; thence S 69° 33' 40" E - 380.00 feet to the Point of Beginning. and Pepperwood Addition, Part 6: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89` 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0° 26' 20" W - 60.00 feet; thence S 11° 47' 29" W - 121.96 feet; thence S 9° 15' 50" W - 80.87 feet; thence S 00 33' 31" E - 80.87 feet; thence S 10° 45' 48" E - 80.87 feet; thence S 200 46' 37" E - 80.87 feet; thence S 300 38' 09" E - 80.89 feet; thence S 370 33' 40" E - 152.21 feet; thence S 660 42' 01" E - 96.62 feet; thence S 89° 59' 17" E - 195.00 feet; thence N B° 37' 16" E - 253.82 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 12° 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 36° 15' 03" E - 47.67 feet; thence N 0° 26' 20" E - 130.00 feet; thence N 890 33' 40" W - 306.94 feet to the Point of Beginning. and Pepperwood Addition, Part 7: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet; thence S 12° 59' 16" W - 165.78 feet; thence S 160 26' 20" W - 170.00 feet to the Point of Beginning of Part 7 herein described; thence S 780 59" 36" E - 118.21 feet; thence S 80 03' 02" E - 109.38 feet; thence S 6° 56' 40" W - 126.19 feet; thence S 590 49' 30" W - 43.61 feet; thence S 0° 03' 20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 890 47' 40" W - 89.06 feet to the NW corner of said Part 3; thence S 0° 12' 20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book4a9/ , Page `rd/, Johnson County Recorder's Office; thence N 89° 59' 17" T-7 455.56 feet along said south line of NE 1/4; thence N 0° 00' 43" E - 173.28 feet; thence S 89° 59' 17" E - 34.00 feet; thence N 0° 00' 43" E - 120.00 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 83' 33' 54" E - 199.65 feet to the Point of Beginning. That the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with its free consent and in accordance with the desire of the proprietor. The streets in said subdivision are hereby dedicated to the public as provided by Chapter 409 of the 1983 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this 6th day of April , 1984. BRAVERMAN DEVELOPMENT, INC. , raverman,'res�i ern — y es. . raverman, ecre ary STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this 6th day of April , A.D. 1984, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N. Braverman -eadd- he is , to me personally elt known, who, being by me duly sworn, did say that-ey--etre the President and Secretary respectively, of said corpora- tion executing the within and foregoing instrument; that said instrument was Received a Approvtvl flyi t gal nepalIny-nf 6 � Pwr signed on behalf of said corporation by authority of its Board of Directors; and . that the said Myles N. Braverman -a-ad as CERTIFICATE OF COUNTY TREASURER I, Donald Krall, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: Pepperwood Addition, Part 4: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 33' 40" W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 321.94 feet; thence S 0° 26' 20" W - 130.00 feet; thence N 80° 58' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet; thence N 0° 26' 20" E - 321.00 feet to the Point of Beginning. and Pepperwood Addition, Part 5: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition _ Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet; thence S 83° 33' 54" W - 199.65 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 130 21' 03" E - 117.98 feet; thence Ij N 36° 15' 03" E - 47.67 feet; thence N 80° 38' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet to the Point of Beginning. and Pepperwood Addition, Part 6: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0° 26' 20" W - 60.00 feet; thence S 11' 47' 29" W - 121.96 feet; thence S 90 15' 50" W - 80.87 feet; thence S 00 33' 31" E - 80.87 feet; thence S 10° 45' 48" E - 80.87 feet; thence S 200 46' 37" E - 80.87 feet; thence S 300 38' 09" E - 80.89 feet; thence S 37° 33' 40" E - 152.21 feet; thence S 660 42' 01" E - 96.62 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 12° 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 36° 15' 03" E - 47.67 feet; thence N 0° 26' 20" E - 130.00 feet; thence N 89° 33' 40" W - 306.94 feet to the Point of Beginning. and Pepperwood Addition, Part 7: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205:49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet; thence S 12° 59' 16" W - 165.78 feet; thence S 160 26' 20" W - 170.00 feet to the Point of Beginning of Part 7 herein described; thence S 78° 59" 36" E - 118.21 feet; thence S 80 03' 02" E - 109.38 feet; thence S 6° 56' 40" W - 126.19 feet; thence Lo S 590 49' 30" W - 43.61 feet; thence S 0° 03' 20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 89° 47' 40" W - 89.06 feet to the NW corner of said Part 3; thence S 0° 12' 20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book (09/ , Page'V-a/ , Johnson County Recorder's Office; thence N 890 59' 17" W -- 455.56 feet along said south line of NE 1/4; thence N 0° 00' 43" E - 173.28 feet; thence S 89° 59' 17" E - 34.00 feet; thence N 0° 00' 43" E - 120.00 feet; thence S 890 59' 17" E - 195.00 feet; thence N 8' 37' 16" E - 253.82 feet; thence N 83° 33' 54" E - 199.65 feet to the Point of Beginning. and shown on the attached plat and known and designated as Pepperwood Addition, Parts 4, 5, 6, and 7, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this ,.z- day of 1 ^f 1984. onald Rral1, C u y Treasurer, Johnson County,. owa (Seal) Retrived $ 'r," i,„ed By f 30"1 Dapartm.nf i CERTIFICATE OF CLERK I, Mary Conklin, hereby certify that I am the Clerk of the District Court of Johnson County, Iowa, and that the property described as follows, to -wit: Pepperwood Addition, Part 4: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 890 33' 40" W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 321.94 j feet; thence S 0° 26' 20" W - 130.00 feet; thence N 80° 58' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet; thence N 0° 26' 20" E - 321.00 feet to the Point of Beginning. and Pepperwood Addition, Part 5: i Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89' 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet; thence S 83° 33' 54" W - 199.65 feet; thence N 77' 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 12° 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 360 15' 03" E - 47.67 feet; thence N 80° 38' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet to the Point of Beginning. and Pepperwood Addition, Part 6: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, ' Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0° 26' 20" W - 60.00 feet; thence S 11' 47' 29" W - 121.96 feet; thence S 9° 15' 50" W - 80.87 feet; thence S 0° 33' 31" E - 80.87 feet; thence S 10° 45' 48" E - 80.87 feet; thence S 20° 46' 37" E - 80.87 feet; thence S 300 38' 09" E - 80.89 feet; thence S 37° 33' 40" E - 152.21 feet; thence S 660 42' 01" E - 96.62 feet; thence S 890 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 360 15' 03" E - 47.67 feet; thence N 0° 26' 20" E - 130.00 feet; thence N 89° 33' 40" i W - 306.94 feet to the Point of Beginning. and Pepperwood Addition, Part 7: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet to the Point of Beginning of Part 7 herein described; thence S 78' 59" 36" E - 118.21 feet; thence S 80 03' 02" E - 109.38 feet; thence S 60 56' 40" W - 126.19 feet; thence 6.J 7 I ■ S 590 49' 30" W - 43.61 feet; thence S 0° 03' 20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 89° 47' 40" W - 89.06 feet to the NW corner of said Part 3; thence S 00 12' 20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book/ , Page 16 2/ , Johnson County Recorder's Office; thence N 89° 59' 17" W - 455.56 feet along said south line of NE 1/4; thence N 0° 00' 43" E - 173.28 feet; thence S 89° 59' 17" E - 34.00 feet; thence N 00 00' 43" E - 120.00 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 83° 33' 54" E - 199.65 feet to the Point of Beginning. and shown on the attached plat and known and designated as Pepperwood Addition, Parts 4, 5, 6, and 7, Iowa City, Iowa, is free from all judgments, attachments, mechanic's liens or other liens as appears in the records of my office. Dated at Iowa City, Iowa, this 1.L day of ak�j1984. (Seal) SEAL Diary Conkl#, Clerk of Court, Johnson County, Iowa :.d Received A Approved By �itffh)ee/ �Legal i)�,arhnent E �Jr L _n t^^^TM. q+j?�•••�,^{`.�i�T,! .�"�'. Jii�'i'"l�Ui`�,'d1Q.i�7di�+�r'Si..f ....:.a;T9�::�✓1TFVi�"".'�Y�.k7Q7(;.9'1 �. i!'^.AV.F.ff,"R. !'AhExJA':`dL6'+IaPRJ�� CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: Pepperwood Addition, Part 4: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 890 33' 40" W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 321.94 feet; thence S 0° 26' 20" W - 130.00 feet; thence N 80° 58' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet; thence N 0° 26' 20" E - 321.00 feet to the Point of Beginning. and Pepperwood Addition, Part 5: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet; thence S 83° 33' 54" W - 199.65 feet; thence N 770 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 360 15' 03" E - 47.67 feet; thence N 80° 38' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet to the Point of Beginning. and Pepperwood Addition, Part 6: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205'.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 15.00 feet to the Point of Beginning of Part 6 herein described; thence S 0° 26' 20" W - 60.00 feet; thence S 11° 47' 29" W - 121.96 feet; thence S 9° 15' 50" W - 80.87 feet; thence S 0° 33' 31" E - 80.87 feet; thence S 10° 45' 48" E - 80.87 feet; thence S 20° 46' 37" E - 80.87 feet; thence S 300 38' 09" E - 80.89 feet; thence S 37° 33' 40" E - 152.21 feet; thence S 660 42' 01" E - 96.62 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8' 37' 16" E - 253.82 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48" 44' 46" W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 130 21' 03" E - 117.98 feet; thence N 36° 15' 03" E - 47.67 feet; thence N 0° 26' 20" E - 130.00 feet; thence N 89° 33' 40" W'- 306.94 feet to the Point of Beginning. and Pepperwood Addition, Part 7: Commencing at a 5/8 rebar marking the NW cornet of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° O1' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet to the Point of Beginning of 6 53z Part 7 herein described; thence S 78° 59" 36" E - 118.21 feet; thence S 80 03' 02" E - 109.38 feet; thence S 60 56' 40" W - 126.19 feet; thence S 59° 49' 30" W - 43.61 feet; thence S 00 03' 20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 890 47' 40" W - 89.06 feet to the NW corner of said Part 3; thence S 0° 12' 20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book (0'1/ , Page iO/ , Johnson County Recorder's Office; thence N B9° 59' 17" T7455.56 455.56 feet along said south line of NE 1/4; thence N 0° 00' 43" E - 173.28 feet; thence S 890 59' 17" E - 34.00 feet; thence N 0° 00' 43" E - 120.00 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 83° 33' 54" E - 199.65 feet to the Point of Beginning. and shown on the attached plat and known and designated as Pepperwood Addition, Parts 4, 5, 6, and 7, Iowa City, Iowa, is in Braverman Development, Inc. and is free from liens and encumbrances. Dated at Iowa City, Iowa, this _ day of1984. (Seal) SEA! John E. O'Neill Recorder of Johnson County, Iowa s_. Rxelved 6 AppravM BY a Legal D pa UteH! Y lu .V OPINION OF ATTORNEY I, Charles A. Mullen, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: Pepperwood Addition, Part 4: Beginning at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 33' 40" W - 944.26 feet of the SE corner of the W 1/2 SE 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 321.94 feet; thence S 0° 26' 20" W - 130.00 feet; thence N 80° 58' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet; thence N 0° 26' 20" E - 321.00 feet to the Point of Beginning. and Pepperwood Addition, Part 5: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet to the Point of Beginning of Part 5 herein described; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet; thence S 830 33' 54" W - 199.65 feet; thence N 770 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 120 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 360 15' 03" E - 47.67 feet; thence N 80° 38' 36" E - 60.83 feet; thence S 89° 33' 40" E - 380.00 feet to the Point of Beginning. and Pepperwood Addition, Part 6: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205:49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence N 89° 33' 40" W - 746.94 feet; thence S 0° 26' 20" W - 120.00 feet; thence southwesterly - 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45° 26' 20" W - 21.21 feet; thence S 0° 26' 20" W - 66.00 feet; thence S 89° 33' 40" E - 15.00 feet to the Point of Beginning of Part 6 herein 'described; thence S 0° 26' 20" W - 60.00 feet; thence S 11° 47' 29" W - 121.96 feet; thence S 9° 15' 50" W - 80.87 feet; thence S 0° 33' 31" E - 80.87 feet; thence S 10° 45' 48" E - 80.87 feet; thence S 20° 46' 37" E - 80.87 feet; thence S 300 38' 09" E - 80.89 feet; thence S 37° 33' 40" E - 152.21 feet; thence S 660 42' 01" E - 96.62 feet; thence S 89° 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 77° 21' 14" W - 111.80 feet; thence N 48° 44' 46" W - 108.65 feet; thence N 12° 58' 33" W - 93.37 feet; thence N 13° 21' 03" E - 117.98 feet; thence N 36° 15' 03" E - 47.67 feet; thence N 0° 26' 20" E - 130.00 feet; thence N 890 33' 40" W - 306.94 feet to the Point of Beginning. and Pepperwood Addition, Part 7: Commencing at a 5/8 rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0° 01' 45" E - 1205.49 feet and N 89° 32' 40" W - 944.26 feet of the SE corner of the W 1/2 SW 1/4 NW 1/4, Section 23; thence S 0° 26' 20" W - 321.00 feet; thence S 12° 59' 16" W - 165.78 feet; thence S 16° 26' 20" W - 170.00 feet to the Point of Beginning of W Part 7 herein described; thence S 78° 59" 36" E - 118.21 feet; thence S 80 03' 02" E - 109.38 feet; thence S V 56' 40" W - 126.19 feet; thence S 590 49' 30" W - 43.61 feet; thence S 0° 03' 20" E - 115.00 feet to the NE corner of Lot 163, Pepperwood Addition, Part 3; thence S 89° 47' 40" W - 89.06 feet to the NW corner of said Part 3; thence S 0° 12' 20" E - 173.28 feet to a point on the south line of said NE 1/4 as described in Affidavit recorded in Book (o9/ , Page J( 1, Johnson County Recorder's Office; thence N 89° 59' 17" T-7 455.56 feet along said south line of NE 1/4; thence N 0° 00' 43" E - 173.28 feet; thence S 89° 59' 17" E - 34.00 feet; thence N 0° 00' 43" E - 120.00 feet; thence S 890 59' 17" E - 195.00 feet; thence N 8° 37' 16" E - 253.82 feet; thence N 83° 33' 54" E - 199.65 feet to the Point of Beginning. It is hereby certified that fee simple title to said property is in Braverman Development, Inc. and that the same is free from encumbrances. Dated at Iowa City, Iowa, this /02 day of tic 1984. Charles A. Mullen Bremer Building P. 0. Box 2150 Iowa City, Iowa 52244 1`�Vf-i ® Received S Approved By Tho Legal Ds artment N /s AGREEMENT THIS AGREEMENT made by and between Braverman Development, Inc., the Owner and Subdivider hereinafter called "Subdivider", and the CITY OF IOWA CITY, IOWA, a municipal corporation herein- after called the "City" WITNESSETH: Section 1. Consideration and Covenant. In consideration of the City approving the proposed sub- division, pepperwood Addition Parts 4, 5, 6 and 7, Iowa City, Iowa, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in the said subdivision unless and until concrete paving at least 28 feet in width on Pepper Drive, Hazel Court, Aspen Court and Hickory Court, 36 feet in width on Sandusky Drive, and 42 feet in width on Keokuk Street, water mains, storm sewers, and sanitary sewers have been installed in front of or adjacent to any lot on which a building permit has been requested, as required by the City of Iowa City, Iowa, under its subdivision ordinance. In addition, the subdivider will install paving 42 feet in width on Keokuk Street south from its present termination point to the north line of Pepperwood Addition Part 4, provided however that the subdivider shall not have the obligation to install such paving until the paving on Sandusky Drive has been installed. Section 2 Storm Water Management Ordinance Compliance and Covenant. In consideration of the City approving the Subdivider's Storm Water Management Plan, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until the proposed storm water control structure and the site work incident �0.5y ■ k . -2- thereto have been completed according to the plans and specifi- cations approved by the City. Section 3. Construction of Improvements. All such improvements as stated in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City of Iowa City, Iowa, with inspections by the City Engineer or desig- nate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to said plans and specifications. I Section 4. Sidewalks. The Subdivider agrees, within one year from the date of the 1 approval of the final plat of said subdivision, to install sidewalks in said subdivision abutting said lots, at least four (4) feet in width and according to the plans and specifications of the City and with inspections by the City Engineer or desig- nate as specified in Section 3. Section 5. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in any one of the four parts in said subdivision for which pavement, water mains, sanitary sewers and storm sewers, and storm water management facilities are not installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to t the cost of said improvement for said part plus 108 thereof as r F determined by the City's Engineer and in the case of the storm water management facility, the sum of $500.00 for each lot on which a building permit is requested. In addition to the escrow provided above, if subdivision erosion control measures have not been installed, with ground (OJT i -3 - cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 to cover the past or antici- pated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessi- tated as a result of erosion from any lot or lots owned by the Subdivider, its successors and assigns. The unused balance of the erosion cleanup escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. The City may also require, as a condition to the issuance of a building permit on any lot in the subdivision that the owner of such lot deposit in escrow with the City the sum of $500.00 for each lot, for which a permit is requested to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessi- tated as a result of erosion from said lot or lots during con- struction. The Subdivider or individual lot owners shall be responsible for the cost of such cleaning and to the extent that the Sub- divider or any lot owner fails to accomplish cleanup after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the escrow estab- lished for the lot from which the erosion came; provided that nothing herein shall be construed as requiring the City to do such cleanup. Upon request, the unused portion of any escrow established by a lot owner under this Section 5 shall be returned to such individual lot owner within 30 days after an occupancy permit has been issued for said lot, provided that all erosion control l0� i -4 - measures shall have been completed before the lot owner shall be entitled to demand the return of said escrow deposit. When the foregoing escrow funds have been deposited, then in that event the Building Inspector of the City shall issue a building permit, provided that the applicant complies with all other requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its dis- cretion may require the Subdivider, its assigns or successors in interest, to construct and install such improvements as stated in Sections 1 and 2. Section 7. Use of Escrow Monies. If after the issuance of an occupancy permit, the improve- ments as stated in Sections l and 2 have not been constructed and installed, the City may use funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots adjacent to or in front of which said improvements are made, or in the case .of the storm water facility, against all lots in said subdivision. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. Section 8. Waiver. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, storm sewers, water mains, sanitary sewers, and storm water management 1 -s - facilities, the City shall have the right to install and con- struct said improvements and the costs of said improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the 1983 i Code of Iowa, as amended, or in the case of the strom water facility against all lots in said subdivision. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. The City agrees when such improvements, other than the storm water facility, have been installed in a separate part (4 through 7) of Pepperwood Addition to the satisfaction -of -the City it will file in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release of the various lots in said separate part of said Addition so that this Agreement will not constitute a cloud upon the title to the lots in the other parts of said Addition. At such time as the storm water facility has been installed to the satisfaction of the City, the City will file in the office of the County Recorder of Johnson County, Iowa, a release of the entire subdivision so that the require- ments of this Agreement relating to said storm water facility will not constitute a cloud upon the title to the various lots in said subdivision. Section 9. Street maintenance. It is further provided that the Subdivider and its assigns and successors in interest agree that public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. 6 67Z Dated this 9vt day of /`T`112, " - , 1984, at Iowa 61 City, Iowa. STATE OF IOWA JOHNSON COUNTY ss: BRAVERhIAN DEVEI;9PMENT, INC. Yl est, raverman, rest ent BY I/ yles N.Braverman, becretary CITY OF IOWA CITY, IOWA to City Clerk On this 6th day of April , A.D. 1984, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N. Braverman and. to me personally known, who, he is being by me duly sworn, did say that they-sre the President and Secretary , respectively, of said corporation executing the within and foregoing instrument; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Myles N. Braverman .a*d.- as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by-tghem voluntarily executed. hi Or _ Notary Public and for the NOTARIA- SRA" State o Iowa U, Racclved F, Ap),rovr.;p L eYt(, l .legal Deportment 6.5-K "rRV^...:,'- a.�S"�w r'�si�.�.�'!.'::1."i11�TS:5!7A.",i�5'77"C@TS'ri1St. ..�. �Ri�."„•.!x.C,;�:Tl � -: .. _,.. ::rraraMran�xmx STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 4 1)"'tA.D. 19 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared I Al4A 1F and to me personally known, who, AAIkn Y ALA being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing is the within and foregoing instrument; that the seal attached } thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i Notary Fubhc in dad for the State of Iowa y NO TARIAL SEAS yrrar.+eerw�nr�w�—�+main+smo-� .,�.+e.�.....�. SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Braverman Development, Inc. (Braverman), which expression shall include its successors in interest and assigns and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Braverman hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as sanitary sewer easements on the final plat of Pepperwood Addition Parts 4, 5, 6 and 7, Iowa City, Iowa. Braverman further grants to the City: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and onto said lands along and outside of the said line to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said lines or may interfere with the exercise of the City's rights hereunder in any manner. i 3. The City shall indemnify Braverman against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or any wrongful or negligent act, omission of the City or of its agents and employees in the course of their employment. Braverman reserves the right to use said strips for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Braverman shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines. covenant with the City that it is Braverman does hereby lawfully seized and possessed of the real estate above described; that it has a good and lawful right to convey it, or any part hereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. da of /�/UC- 1984. Dated this Y ATTEST: Citt Clerk CORPOR�� SE�� , INC. Dy .My s,\ .%, Braverman, President By Myle Braverman, Secretary CITY OF IOWA CITYt II+OWA By Mayor i J � i RaCQIVCd & Apprav&j By T 6 leg il Der artment Ve /OJT -- ., ...� ......,n STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 6th day of April , A.D. 1984 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N Braverman and- , to me personally known, who, he is being by me duly sworn, did say that they -are the President and Secretary , respectively, of said corporation executing the within and foregoing instrument; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Myles N. Braverman end - 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. him STATE OF IOWA ) ss: JOHNSON COUNTY ) Notary Public n and for the State of wa On this /01h day of AZI A.D. 19-U, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 494041 PW _ and l/ to me personally known, who, 41 n m -led A being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �o' ARIA'. 'SEAQ: � — Ndthry Ppbiic in an for t State of Iowa's ?i V STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Braverman Development, Inc. (Braverman), which expression shall include its successors in interest and assigns and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Braverman hereby grants and conveys to the City an easement for the purposes of exca- vating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as storm sewer easements on the final plat of Pepperwood Addition Parts 4, 5, 6 and 7, Iowa City, Iowa. Braverman further grants to the City: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and onto said lands along and outside of the said line to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said lines or may interfere with the exercise of the City's rights hereunder in any manner. i 3, the City shall indemnify Braverman against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or any wrongful or negli- gent act, omission of the City or of its agents and employees in the course of their employment. Braverman reserves the right to use said strips for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Braverman shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said pipe lines. Braverman does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described; that it has a good and lawful right to convey it, or any part hereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this day of C_ � 1984. ATTEST: Cit •Clerk 0RUTIAIG S�A� BRAVERMAN DEVELOPMENT, INC. J L9 CY7 CITY OF IOWA CITY, IOWA By 4e" Mayor Recelved b Approved By Th Laq;k D^ a0menl q r,n �°*^ Af'A4%i?',"?oi4,.Ty:1:+7R'YT'X i4S!9,.FfS"'�'..-:A1:!�a^:Y,'S4i71'.vW.71:5RN'SO1S72MiAl:tK[lw�'J STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 6th day of April , A.D. 19__84, before me, the undersigned, a Notary Public in and for the State of Iowa, STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /V(A day of �nn�_, A.D. 19 9V, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared n w and to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. w N t NOTARIAL -SEAT `ub ` - in arKF t ry for the 6,�+ Stateate of of Iowa }{�eerrf¢imearwlrirti�eeatielnn••.-�,Y�•a•rr�rwe>�m+reaeu ..+o.e,�....w ri° - .�i+•�� ., . �.r�,.}y'y'i..a S+}4T.F �'�'�� n�t'i Ire a �!, k,.��w�,'wr�:?.�.YCi'�.itr�, ':r'in7l'i:1'.l`.. A,!'.i'�b°�T.J^.: Y'd!A2' 4ii'16:'.'AVf1Ii},.1�16,Ya personally appeared Myles N. Braverman azrd to me personally known, who, he is being by me duly sworn, did say that tixey-ure the President and Secretary respectively, of said executing the within and foregoing instrument; that , said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said t Myles N. Braverman end- as 1 such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them him 1 voluntarily executed. SEAL OL2 C' YAAtAt- �O I Notary Public in fnd for the State of Io STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /V(A day of �nn�_, A.D. 19 9V, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared n w and to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. w N t NOTARIAL -SEAT `ub ` - in arKF t ry for the 6,�+ Stateate of of Iowa }{�eerrf¢imearwlrirti�eeatielnn••.-�,Y�•a•rr�rwe>�m+reaeu ..+o.e,�....w ri° - .�i+•�� ., . �.r�,.}y'y'i..a S+}4T.F �'�'�� n�t'i Ire a �!, k,.��w�,'wr�:?.�.YCi'�.itr�, ':r'in7l'i:1'.l`.. A,!'.i'�b°�T.J^.: Y'd!A2' 4ii'16:'.'AVf1Ii},.1�16,Ya r STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT made and entered into by and between Braverman Development, Inc., hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable con- sideration, the receipt of which is hereby acknowledged, Subdivider hereby grants to the City an easement for 'the purpose of constructing, reconstructing, operating and maintaining a storm water control structure and storm water storage area (here- inafter described as Storm Water Management Easement) over and across the real estate described in Exhibit "A", attached hereto and by this reference made a part hereof. Subdivider further grants to the City the following rights in connection with the above easement grants: 1. The right to grade and regrade the area included within the Storm Water Management Easement provided that the City shall promptly reseed any areas upon which such grading or regrading has been accomplished. 2. The right from time to time to trim and cut down and clear away any and all trees and brush on said Storm Water Management Easement area which now or hereafter, in the opinion of the City, may interfere with the natural passage of storm water through the storm water storage area or access to any part of the storm water storage area, provided that any damage to the storm water storage area shall be promptly repaired by the City. 3. The right of ingress and egress over and across the area described in Exhibit "A" for the purpose of construction or ordinary maintenance within the Storm Water Management Easement area. Subdivider and its successors and assigns reserve the right to use the Storm Water Management area for any purpose which will not interfere with the City's full enjoyment of the rights herein granted; provided that Subdivider or its successors in interests shall not erect or construct any buildings, fences or other structures or obstructions on said areas, or substantially add to the ground cover on said areas. Subject to the easement rights granted to the City, the owner of the area described in Exhibit "A", whether said lot be improved or unimproved, shall keep said area free from weeds and debris and shall maintain the entire area so as to minimize erosion in and around the storm water storage area. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described; that it has a good and lawful right to convey the same. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this � day of t c , 1984. 1'. BRAVER14AN DEVELORMENT, INC. By My a r�verman, rest ent CITY OF IOWA CITY, IOWA IIy ,,J ' Mayor. C0RP ATTEST: ORA r C I City Clerk Racaved & Approved '. By The Legal DOI)MIMent �.v,. a.d.ata�emY�rWuw�wruy+�+raruaw ' 'Y�!v:k�: �..x K1 �:'��`I"FY ,�ruii�r �.'CJR' .w ',1 .�.: TM`':�21�Z5`+7�.,"��(�'R7rl.'Sid'iv,L_'72'P�'dJL"A1G5:!"•.'1l9MeMl ■ STATE OF IOWA ss: JOHNSON COUNTY On this 6th day of April , A.D. 19 84, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N. Braverman --and- to -and- to��me personally known, who, being by me duly sworn, did say that t-ne�sare the President and Secretary , respectively, of said , executing the within and foregoing instrument; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Myles N. Braverman -an& as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them him voluntarily executed.,_ NOTARIAL SEAL Notary Public id and for the State of a STATE OF IOWA ) ss: JOHNSON COUNTY ) On this _Jna day of �.pA,F , A.D. 19 211, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared n `& &Y? W and flAt/1 m nA to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. N�y V in n ®�� A � jn� o ar ate ,n in a for the H 14j Statenq ;Iowa. MlY�tly�1,0YM„t - _".m.:...u.n►v.,.-•.._ - �e...n.w.n.wcrYarw....n 1 STORMWATER MANAGEMENT EASEMENT A tract of land in the southwest corner of Block 1 of Braverman Center in Iowa City, Iowa, described as: Beginning at the southwest corner of Block 1 of Braverman Center in Iowa City, Iowa as recorded in Plat Book 7, Page 9, in the Johnson County Recorder's Office; thence N 0° 26' 20" E - 150.00 feet along the west line of said Block and the Keokuk Street right-of-way; thence S 89° 33' 40" E - 591.94 feet; thence S 59' 33' 40" E - 72.22 feet; thence S 29° 33' 40" E - 44.90 feet; thence S 0° 26' 20" W - 75.00 feet to the south line of said Block; AGREEMENT WHEREAS, Braverman Development, Inc., is the developer of Pepperwood Addition Parts 4, 5, 6 and 7, Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall install paving outside of the subdivision on Keokuk Street south from its present termination point to the north line of Pepperwood Addition Part 4, 42 feet in width measured back-to-back of the curb, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said paving in excess of the cost of paving 28 feet in width; said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000); that no bids are required, pursuant to Chapter 384 of the Code of Iowa; and the City of Iowa City has determined that the cost of $17.50 per square yard, but not to exceed Nineteen Thousand and 00/100ths Dollars ($19,000.00) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for the completion of said paving, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, the City of Iowa City shall pay to the Developer, the sum of $17.50 per square yard but not to exceed Nineteen Thousand and 00/100ths Dollars ($19,000.00) as full payment for its share of the improvement in excess of the width of 28 feet. 1�51V I -2- 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of i this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations E or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations ti and specifications of the City of Iowa City, and all of the laws t � of the State of Iowa. Dated at Iowa City, Iowa, this 7 14 day of �- 1984. 1 CITY OF IOWA CITY, IOWA !!E By Mayor City Clerk BRAVERMf�N DEVELOPMENT, INC. President i Myles N. Braverman j Received & Approved By Tie Legal D paMmenf Ni AGREEMENT WHEREAS, Braverman Development, Inc., is the developer of Pepperwood Addition Parts 4, 5, 6 and 7, Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall install paving on Sandusky Avenue 36 feet in width, and on Keokuk Street 42 feet in width, both measured back-to-back of the curb, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said paving in excess of the cost of paving 28 feet in width; said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000); that no bids are required, pursuant to Chapter 384 of the Code of Iowa; and the City of Iowa City has determined that the cost of $17.50 per square yard, but not to exceed Sixteen Thousand and 00/100ths Dollars ($16,000.00) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said streets and shall be responsible for the completion of said paving, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by' the City of Iowa City, the City of Iowa City shall pay to the Developer, the sum of $17.50 per square yard but not to exceed Sixteen Thousand and 00/100ths Dollars ($16,000.00) as full payment for its share of the improvement in excess of the width of 28 feet. (,.W -z- 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. p� //yy Dated at Iowa City, Iowa, this / day of 1984. CITY. OF IOWA CITY, IOWA By JVVW�,"— Mayor City Clerk 7By E AN DEV PMENT, INC. 1 President Myles N. Braverman Received $ Approve Dy r e legal Depad "Mew xy I STAFF REPORT I To: Planning & Zoning Commission Prepared by: Bruce Knight i Item: 5-8412. Pepperwood Parts 4-7 Date: March 22, 1984 Final Plat GENERAL INFORMATION: Applicant: South t Requested action: Purpose: Location: (r Size: + Existing land use and zoning: i Surrounding land use and zoning Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: ga a Development Company 325 E. Washington Street Iowa City, Iowa 52240 Approval of the final plat of Pepperwood Addition, Parts 4-7. To develop 72 single family residen- tial lots. West of Pepper Drive and south of the K -Mart area. Approximately 19 acres. Undeveloped and RS -5. North - undeveloped and RM -12. East - single family and RS -5. West - undeveloped and RS -5. South - undeveloped and ID -RS. Residential, 2-8 dwelling units per acre. Provisions of the Subdivision Code and Stormwater Management Ordinance. 4/20/84 5/5/84 Adequate water and sewer services are available. Sanitation service and police and fire protection are available. Vehicular access is proposed via Sandusky Drive and Keokuk Street. The topography is gently rolling with maximum slopes of 5%. I p ANALYSIS: The City Council approved the preliminary plat of Pepperwood Addition, Parts 4-7, on March 13, 1984. The applicant is now requesting approval of the final plat of Pepperwood Addition, Parts 4-7, which conforms with the approved preliminary plat. In approving this plat, the City will be approv- ing overwidth pavement on Sandusky Avenue (36 feet in width) and on Keokuk Street (42 feet in width). Section 32-54(a)(12) of the Subdivision Code states that "in the event arterial or collector streets are required in this subdivision, the City shall pay for the excess of pavement required over that required for a twenty-eight (28) foot local street." Because of the intended function of these streets, staff recommends that this overwidth paving be approved. The only other issue regards Keokuk Street. The paving on this street currently ends approximately 600 feet north of this proposed subdivision. In order to provide secondary access for this development, the applicant should be required to extend Keokuk Street to the subdivision at such time as Sandusky Drive is constructed. This extension should be provided for in the subdivider's agreement. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Pepperwood Addition, Parts 4-7, be approved, subject to the deficiencies and discrepancies listed below. I DEFICIENCIES AND DISCREPANCIES: 1. The legal papers have not received final approval. 2. The construction plans have not yet been approved by the Engineering i Division. ATTACHMENTS: 1. Location map. Approved by: and Program Development NIN'. w This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Council Member Zuber introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Ambrisco seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Dickson, Erdahl, McDonald, Strait, Zuber NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 84-71 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 2nd day of AprR , 1984, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, within the corporate limits; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. -2- A11L CR5. CooNf.Y. DoRWC1LCN, HAYNIC, SMIiN a ALL"CC. LAWYLn S. Df.S MoINCS, Io Wn 4-6-7 ■ 0 RESOLUTION NO. 84-72 RESOLUTION ESTABLISHING A COMMITMENT TO PROVIDE FINANCIAL SUPPORT TO THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS WHEREAS, financial support is necessary to assist the participating members in studies and planning, make recommendations to public agencies, coordinate planning for the various governmental units and provide such services as are agreed to by the Johnson County Council of Governments, herein referred to as "JCCOG," and its members; and WHEREAS, Section 1, Article VII of the Amended Articles of Agreement of the JCCOG requires that member agencies adopt a resolution of financial support, including a commitment to contribute the requested assessment for the two succeeding fiscal years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the City does hereby agree to provide financial support to the JCCOG for the fiscal years 1985 and 1986 in an amount agreed upon by the JCCOG for its member agencies upon consideration of the fiscal year budgets for each year. It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _x Baker X Dickson x Erdahl X McDonald x_ Strait x_ Zuber Passed and approved this loth day of A=il 1984. OR ATTEST: l GIlY CLERK BYRecefved $ Approvad 76 Le0a1 Dere annmrM M i RESOLUTION NO. 84=73 RESOLUTION DESIGNATING THE MAYOR AND CITY MANAGER AS CITY REPRESENTA- TIVES ON THE IOWA CITY DEVELOPMENT CORPORATION BOARD OF DIRECTORS AND PLEDGING CITY SUPPORT I WHEREAS, representatives of the City of Iowa City participated with represen- tatives from the University of Iowa and the Greater Iowa City Chamber of Commerce as members of an ad hoc committee on Economic Development, and WHEREAS, that committee has formulated recommendations regarding future economic development efforts to be undertaken within this community, and WHEREAS, these recommended efforts include the establishment of a permanent economic development organization to be known as the Iowa City Development Corporation, and WHEREAS, it is considered in the best interest of the City to participate fully in the activities of the Iowa City Development Corporation, and WHEREAS, the Iowa City Development Corporation will be a non-profit, tax-exempt organization directed by a nine member Board of Directors, and { WHEREAS, the University of Iowa Research Foundation, the Greater Iowa City Chamber of Commerce, and the City of Iowa City, as the three sponsoring or- ganizations, will designate representative members to serve on the Board of i Directors, and WHEREAS, it is the City's desire that the Mayor and the City Manager serve as its two representatives on the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Council hereby appoints the Mayor and the City Manager to serve as Iowa City's official representative members on the Iowa City Development Corporation Board of Directors. 2. That the City of Iowa City considers the success of the Iowa City Development Corporation as vital to the future growth and development of this community and pledges its resources, to the greatest extent possi- ble, in the pursuit of the goals which shall be set forth and agreed upon for the Iowa City Development Corporation. j It was moved by Erdahl and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON ERDAHL X MCDONALD -7— STRAIT X ZUBER G(a9 N 0 �e RESOLUTION NO. 84-74 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THE OOWNTOWN.HOTEL PROJECT (URBAN RENEWAL PARCEL 64-1b) WHEREAS, by Resolution No. 83-386, the City Council of Iowa City, Iowa, approved the Urban Development Action Grant Agreement between the City and the U.S. Department of Housing and Urban Development for the construction of a hotel on Urban- Renewal Parcel 64-1b (hereinafter referred to as "Project"; and WHEREAS, one requirement of the Urban Development Action Grant Agreement is that a Memorandum of Agreement be executed because of the adverse direct and indirect impacts of said Project upon the College Block Building, a National Regis'ter of Historic Places property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is authorized to sign and execute on behalf of the City of Iowa City and the City Clerk to attest the attached Memorandum of Agreement (Attachment A) or an agreement, which, in the opinion of the City Attorney, is substantially similar to the attached document and does not impose any obligations on the City greater than in the attached agreement. It was moved by Dickson and seconded by Ambrisco u the Resolon a —adOpted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber- Passed and approved this 10th day of April 1984. ll��G YOR ATTEST:CITY CLERKe�4 y i •c•iv�d �, Annedved Rf 71,1:: Lrprl Capartment 670 CITY OF IOWA CITY, IOWA URBAN DEVELOPMENT ACTION GRANT -DOWNTOWN HOTEL HUD PROJECT NB -83 -AA -19-0021 i is • • • • • • n•��a i� a• miEREAS; the City of Iola City, Iowa, submitted an application to the Departanent of Housing and Urban Development (HUD) for an Urban Development Action Grant on behalf of a private developer (Dr. Harry A. Johnson, Jr. dba Mid -City Hotel i Associates - Iowa City hereinafter referred to as Developer) for a hotel on Urban Renewal Parcel 64 -lb -in davmtown Iowa City and which application has been approved by HUD; and M RFAS, in accordance with the Urban Development Action Grant agreement between HUD and the City, the City of Iowa City has, in consultation with the state ofd Iowa Historic Preservation Officer, determined that the hotel would have an adverse inpact on an adjacent property - the College Block Building - which is listed in the National Register of Historic Places; and WREREAS, the City of Iowa City and the State Historic Preservation Officer have., consulted and reviewed the hotel project to consider feasible and prudent . alternatives to avoid or satisfactorily mitigate the adverse impacts of the. hotel project; and NtT.+T, THEREFORE, it is mutually agreed that the implementation of the undertaking in acoordance with the'following stipulations and attachments will mitigate the adverse impacts of the hotel on the adjacent National Register of Historic Places building. A. The City of Iowa City will ensure that the Developer has or will undertake the following measures to mitigate the direct adverse impacts of the hotel on the College Block Building:. (1) Establish witness points to mai.tor possible worsening' cracks in the College Block Building. (2) Establish a monitoring system to Treasure any novement of the earth retaining wall adjacent to the'College Block Building.. (3) Assure that the Developer will continue the activities set forth in Items 1 and 2 at his expense until ompletion of the hotel as evidenced by the issuance of a Certificate of Occupancy. (.4) Assure that the College Block Building is restored. Such restoration shall eliminate damage due to construction activity as specified in the February 23, 1984 Shive-Hattery Engineers report (Attachment A) and any damage subsequent to the date of such report as may be indicated by other reports from Shive-Hattery Engineers. it is understood that the Developer and College Block Partners, the Caner of the College Block Building, have negotiated an agreement setting forth the manner in which such restoration shall occur. 74 -2- B. The City of Iowa City will ensure that the Developer will undertake the following measures to mitigate the indirect adverse iTrpacts: . (1) Alteration of the College Block's surroundings: The College Block Building is surrounded by City Plaza (an all -brick) pedestrian walkway) on the north: the hotel parcel on the east, an alley to the south and an adjacent large four-story building to the west. A covered$ ten feet wide open air walkway will be Constructed directly east -of the College Block Building. This walkway will preserve the direct pedestrian access to the College Block Building. It will be constructed with brick pavement and a translucent roof. (2) Introduction of new visual elements near the College Block Building: The City evaluated exterior materials for the hotel based on their cmpatability with the College Block Building. while. creating an inviting appearance for .the hotel structure.. The portion of -.the hotel adjacent to the College.Block-Building facade will be c+n- structed primarily of clear insulating glass with dark bronze ocpings and flashings. A light gray, slightly rough to color re stucco_ s was chosen as the major exterior material; the gray the various brick colors eontained'in the College Block Building and the City Plaza. The City will also require the Developer to meet additional design requirenents as specified in Resolution 83-394. (See Attadunent B.) C. This Memorandum of Agreenent may be executed in counterparts, and shall be deemed in force and effect upon execution by all parties of this Merwrandwn, even though all parties' signatures do not appear upon any individual document. IN WITNESS wKERDDF, this party hes executed this Memorandum of Agreenent on the' date sham after the signatures. CITY OF. IUrTP. CITY, Iam By.� / City Manager Attest: 72"& Awee,�c/ 'L 44., city. Clerk y-/r-�fV Date Date 70 -3- q MTW— A. 4MZON, JR. a MID -CITY HOTEL ASSOCIATES - IMA CITY FDGEi MASSEY, Area Manager DeparbTent of Housing and Urban Develooarent li-� . /VL ANDMFN A. MMERSON, toric Preserva- tion Officer, State of Iowa Date Date 41 l i/, iy�y Date Executed as to the provisions of'Paragraph A.(4) only. .•IPRIMa77el .« • v, MI•.. '�4—/1— ?,V- Date It illistw a Approved AF ft ISW.DeWMment 6 70 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THE DOWNTOWN HOTEL PROJECT (URBAN RENEWAL PARCEL 64-1b) WHEREAS, by Resolution No. 83-386, the City Council of Iowa City, Iowa, approved the Urban Development Action Grant Agreement between the City and the U.S. Department of Housing and Urban Development for the construction of a hotel on Urban Renewal Parcel 64-1b (hereinafter referred to as "Project"; and WHEREAS, one requirement of the Urban Development Action. Grant Agreement is that a Memorandum of Agreement be executed because of the adverse direct and indirect impacts of said Project upon the College Block Building, a National Register of Historic Places property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is authorized to sign and execute on behalf of the City of Iowa City and the City Clerk to attest the attached Memorandum of Agreement (Attachment A) or an agreement, which, in the opinion of the City Attorney, is substantially similar to the attached document and does not'impose any obligations on the City greater than in the attached agreement. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this day of 14AYOR ATTEST: . CLERKCITY Amtirisco Baker Dickson Erdahl McDonald Strait Zuber 1984. R� -a ,=''� o ., P.p1)rovnd Ay Yin Le0al Dapar nnant 6 70 o ' r ATTACHMENT A: REVISED MOA SHIVE•HATTERY ENGINEERS ' 11,14, CA, Hignway t & inierstau: 50 PC, Iii., 1050 r 1m Rmuu: Iowa City IA 52240 Ut•n rm •,i•.., 319.35.1•at)a0 Dut ut:J•: Rai." Hinnry i t February 23, 1984 Adolfson b Peterson, Inc. Re: College Block Building P.O. Box 9377 "BushneIIIs Turtlea Minneapolis, Minnesota 55440 1 Attention: Mr. Al Vijums F Dear Mr. Vijums: G On January 16, 1984, you.requested our assistance to provide technical services to monitor and evaluate the behavior of the above captioned structure. This being in response to the building Owner's claim of damage resulting from. f construction operations at the Holiday Inn site on adjacent properties. y.` In response to your request, we have made continuing field observations commencing on January 17, 1984., The immediate preliminary evaluation permitted . the conclusion that some foundation movements had recently occurred. These movements would be reflected in conditions as observed and noted in the Owner's claim. This preliminary evaluation also permitted the conclusion that the stability of the structure and safety of the occupants of the building was not compromised and the functional usage only nominally impaired. We also concluded that the adjacent construction should be continued and desirably should be expedited. Recognizing that movements had occurred, it was deemed necessary to determine if movement was continuing and if so, the rate of movement. To this end, a monitoring program was initiated with daily observations for a two week period and thence with weekly observations. In our opinion, this monitoring should continue with bi-weekly observations until equilibrium is demonstrated or until restorative corrections are complete. FIELD MONITORING Twenty-three monitoring points on and in the structure are observed and reported. Additionally, sixteen points on the temporary earth retaining structure at the construction excavation have been monitored for horizontal movement. At the date of this reporting, most of the monitoring points within the structure have shown some minimal movement since the first observation. Magnitude of movement, typically, is too small to measure with one measuring point showing movements of about 1/16 inch. The survey monitoring of the temporary retaining structure has been discontinued as ,the backfilling of the excavated area to the new construction has commenced. During the monitoring efforts lateral movements of .01 feet were reported. to %d Adolfson & Peterson, Inc. February 23,.1984 v Page '2 The building owners, Mr. Bob Barker and Mr, Ed Zastrow, have been most cooperative throughout the investigation and monitoring period. They have supplied information as needed and as available with unrestricted access to the facilities. This spirit has permitted an orderly gathering of information and should promote an orderly progression to complete the satisfactory correction of the problems as they now exist. BUILDING MOVEMENT Based upon our observations and the information available to us, it is our opinion that the excavation for the Holiday Inn has influenced the behavior of the College Block Building. The cross-sectioned geometry of the site, the schedule of construction operations, the absence of execution of prerequisite construction details of the containment retaining wall, and the elastic flexibility of this retaining wall all contribute to the reduction of lateral containment to foundation materials at the edge of the excavation. The decreased lateral containment in combination with elastic lateral deformations permitted vertical settlements within the zone of influence of the retaining wall. It .is important to note that this is a predictable behavior, with the magnitude a function of the many contributing variables. With the partial completion of the compacted backfill between the new construction and the lines of excavation, lateral containment of the foundation materials has now been re-stablished. With the edge of the excavation frozen at the time of backfilling, and a natural moisture content of 20 to 25 percent, an expansion of 1/8 -inch to 1/4 -inch per foot of frost was possible: As"the frozen materials thaw, -a reduction of confining lateral pressure is possible with additional relaxation and vertical settlement within the zone of influence. In our opinion, the behavior of a structure that experiences foundation settlement may be cyclic with a time lag behind the subsurface movements and the structure movements. That is, as the supporting capacity of the foundation material reduces, these materials seek equilibrium and reconsolidate. As the supporting capacities of primary paths of resistance relax, secondary paths develop and support the superimposed loads with residual stresses within the structure. When these secondary stresses become excessive, local failures occur to re-establish equilibrium and reflect in structural movement. Our observations have permitted us to reach some probable conclusions relative to magnitude of movements since defineable times of normal building maintenance operations. The east side wall has moved out (east towards the new construction) about 3/8 -inch since the basement was painted as measured on the first floor joists. At the northeast corner, the east sidewall has moved down about 5/16 -inch in relation to the north endwall as measured internally on the foundation and externally on the joint calking. There is no discernable evidence to confirm or deny the settlement of the north end wall. The east side wall does not reflect any signs of differential settlement which may be expected since the adjacent new construction is nominally similar in length. The actual magnitude of movements may be academic and this report will address the probable 6 7o Adolfson & Peterson, Inc. February 23, 1984 Page 3 a direction of movement, the effects of such movements with resulting problems to the structure and finally, the correction of the problems. EFFECTS ON THE BUILDING Our visual observations and evaluation identify the following effects on the building and permit the development of the following hypothesis of movement: 1. The east foundation and bearing wall settled with rotation at the bottom of the footing to permit movement outward at the first floor ground line. 2. The north end wail foundation experienced little or no movement. 3. The north end wall from second floor line to top moved laterally to the east. 4. The south wall reflects the combination of several effects, as follows: a. The southeast corner of the foundation (new in 1978 restoration) remains intact as a unit with southeast corner settlement accommodated by rotation of the base at the joint with the original stone foundation near the building center. b. Diagonal shear failure in the masonry propagating from the re-entrant corners of window and door opening. c. Tension failure of the masonry to accommodate the eastward movement of the east wall. d. The interior of both the north and south walls refelct the stresses created by movement of the east wall through openings of vertical• joints and mitered joints in the wood trim. S. The center (north -south) foundation wall does not reflect transverse, longitudinal or vertical movement and is presumed to be unaffected by the new construction. 6. The north -south walls above the foundation are not affected by the new construction except as they may be subjected to lateral movement of the endwalls. With hypothesized movements, potential problems that have been identified, but which are not apparent with our evaluation, are as follows: 1. Racking windows on second floor; the apartment manager has opened one north and one south. Conclude that a possible problem may -exist and should be addressed in corrective restoration. 6 7e) Adolfson b Peterson, Inc. February 23, 1984 Page '4 P 2. Lateral movement of east wall from floor; visual evaluation on February 15th revealed that wall covering (paneling or base) projects over the floor covering and conceals the movements that may have occurred. 3. Tension failure of dry wall ceilings; visual evaluation revealed no problem. 4. Negative movement effects for first floor joint over interior support with the east wall depressed by bearing settlement; visual evaluation on February 15th reveals no evidence of loss of bearing on wall support, no visible distress in the floor joints, and no deflection reflection in the floor covering. S. Failures of the roof membrane; visual evaluation on February 15 reveals that this built up roof is sound and free of defects that could -be attributable to the recent• movements experienced. The flashing at the parapets and roof edges show no problem. Thus, we have concluded that there is no concern with this building element. I 6. The building front at the sidewalk shows no distress or movement that It, might permit future surface water penetration and resulting problems to the foundation and/or basement. Those reported problems that are not readily attributable to the movements of the structure, are as follows: 1. Verticai separation of the interior walls and/or wall coverings from the floor. 2. Vertical separation of the counter tops from the wall mounted splash boards (in second floor apartments). 3. Cracks in dry wall propagating from re-entrant corners on second floor hallway walls. 4. "Bulging" dry wall on second floor longitudinal walls. i S. Improper fit of door trim to drywall in southwest apartment. 6. Cracks in masonry, east wall, exterior, appear to be old cracks and shrinkage cracks in joint of 1918 construction appear to be old. CORRECTIVE ACTION The previously listed problems that are attributed to the foundation settlement and resulting building movements require a restorative corrections. The restoration procedures should be consistant with the character of the building, cost effective, reasonable, fulfill the functional requirements, utilize quality materials, and reflect high standards of workmanship. It is not the intent of these procedures to correct deficiencies not related to the movements 6 70 ■ Adol.fson & Peterson, Inc. February 23, 1984 P age, 5 v experienced or. to replace undamaged elements or to appreciate the value of the structure. Within these guidelines, we are proposing that the techniques of repair be as hereinafter described. I 1. Basement floor; Remove and replace existing damaged floor to existing surface profile; about 4 feet wide along east wall with additional widening as necessary at two north interior columns. Removal to.be to I saw cut edge. 2. Foundation wall joints: Northeast corner and at south wall construction joint; pressure grout with tubes to fill joint and hand tool inside finished surface. Exterior surface where visible to be ' neat and true. 3. Painting: At locations hereinafter required; paint to match existing Typically, spot touch up will not be the intent. Painting to icolor. extend over total area to existing wal'1 breaks, corners, trim, etc. 4. Doors: Correct all doors that are racked and/or not freely operating and all first floor doors such that door edges parallel the door opening. Typically, this to be accomplished by trimming and/or planing. If this would create excessive gap between door and frame, the frame to be reset As required. Finish raw edges with sealer and paint or stain. 5. Windows: All windows shall be checked and corrected if not freely operating or if they do not close and seal properly. Correction by planing and/or resetting. Finisn with paint or stain as appropriate. 6. Mitered Wood Trim: All applicable areas on first floor. a. Typical cornice and small open joints. Fill with wood filler, sanded to blend with surface, paint. b. Open cracks on window and door trim. Remove, refit, and remount or i replace with new matching trim cut to fit. Fill and paint. 7. Brick Masonry Walls (Exterior and Interior): Typical south end wall exterior.at windows and interior in southeast apartment. a. Rake full depth all cracked joints and extend 1/2 brick from crack. b. Remove in total all broken masonry units and replace with new units like in kind. c. If matching rew units are unavailable, broken units to be banded and reset as a singular unit. SHIVE.HATTERY ENGINEERS 6 %O Adolfson 6 Peterson, Inc. February 23, 1984 0 Page• 6 d. Mortar all raked and open joints. Mortar to match existing in color and texture. Shrinkage control shall be excercised. Joint tooling to match existing. 8. Broken Cap Stone: At northeast corner. Remove and bond broken elements with an epoxy adhesive. Seal crack with non staining sealant. Reset stone as singular unit. Caulk as appropriate. 9. Joints between masonary and wood trim; typical exterior south wall. Clean bond area and caulk with one part acrylic -latex cadlk. 10. Dry wall cracks: Typical end walls and intersection of walls to east wall; second floor. Sand crack area, tape and fill, sand with paint finish. 11. Masonry to Masonry Joint; at northeast corner exterior. Rake and clean ' joint, seal with one part, Type 1I, Class A urethane caulking:. Painting is not desired, Owner to select color of caulking materials.. 12. Masonry to Masonry Joint: Exterior to adjacent building. Clean joint, place backer rod as appropriate, prime bond areas, and seal with two part, Type II, Class A polysulfide caulking. Owner to select color of caulking materials. 13. Brick Masonry Wall (Exterior): At south end wall over and west of second floor exit. Visual evaluation of this joint suggest that this crack is not new and may well be a shrinkage crack of the 1978 construction or a thermal relief joint that developed before the recent building movement. The recent building movement is reflecting in an opening of this joint. This minimal wall cross section will remain a point of weakness for thermal stress relief. The projected corrective efforts for similar problem areas as in 7 above probably will not retain continuity. Therefore, we recommend the installation of a vertical relief joint in this area. This relief joint should be sawed through the outer width of the brick vertically up from the existing crack location (about 8 -inches west of the door cap stone). Joint nominal width would be 1/4 -inch to 3/8 -inch. Treatment of this artificai joint as in 12 above. Correction of the balence of the masonry crack as it angles up and to the west to be as in 7 above. The existing horizontal shear joint from •saw joint" to door opening to be surface raked and sealed with caulk. TIMING In our opinion, a final correction of the noted problems of the College Block Building should not be accomplished before fall, 1984. This will permit a minimum period for equilibrium to develop in the foundation materials and permit a thermal cycle in the structure to trigger any impending residual movements. This delay should minimize the opportunity for latent movement effects to surface. As an exception some of the first floor interior work may well be (�7D SHIVF.HATTFRY•ENG1NEERS 1:. Adolfson b Peterson, Inc. ° February 23, 1984 i -Page• 1 f scheduled at an alternate time so as to minimize interruptions to the normal business activities. In order to minimize water damage to the structure during the period until final corrective action is accomplished, we recommend the open joints in the exterior walls be temporarily closed by caulking. This concludes our report of findings and recommendations. If you have any questions or comments, please contact our office. BL:dh 184116-0 Yours very truly, SHIVE-HATTERY ENGINEERS Bob Lentfer, P.E./ 6 70 ATTACHMENT B --REVISED MOA RESOLUTION NO. 83- 394 RESOLUPION APPROVING PRELIMINARY DESIGN PLANS FOR URBAN RENFML PAH 64-1b (HOTEL SITE) WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal Parcel 64-1b; and WHEREAS, the City Council has under the terms of the land disposition agreement reserved the right to approve Preliminary Design Plans of the development to occur on Urban Renewal Parcel 64-1b; and WHEREAS, Dr. Barry A. Johnson, Jr. doing business as Mid -City Hotel.Associ- ates- Iowa City has submitted preliminary design plans for the redevelopment of Parcel 64-1b in the Iowa City Urban Renewal Project area; and WHEREAS, said Preliminary Design Plans have been reviewed by the Design Review Comaittee at its December 7, 1983, meeting and a reccamendation from the Design Review Committee has been received by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IONN CITY, ICWA, that the Preliminary Design Plans submitted by Dr. Barry A. Johnson, Jr, doing business as Mid -City Hotel Associates - Iowa City are hereby approved subject to the conditions and reservations set forth in Attachment A to this 'Resolu tions which attachment is by this reference hereby incorporated. It was moved by Perret and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch x_ McDonald x Neuhauser x_ Perret Passed and approved this 17th day of December , 1983. �' MAYOR ATTEST: Aly? , ;,e -y2 /: 7?" /P 4.d CITY CLERK Recefved a a pp+aved By The lege) DerArtmanf 670 ATPAC HKW A M RFSOEMON NO. 83- 394 The approval of the Preliminary Design Plans for the redevelopment of Urban Renewal Parcel 64-1b submitted by Dr. Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates - Iowa City is hereby made subject to the following conditions or reservations: 1. The City reserves the right to review and approve signage. 2. The City reserves the right to review and approve landscaping plans. 3.' The City reserves the right to review, and approve 'design plans for the exterior walkway between the College Block Building (Urban Renewal Parcel 82-1a) and.the interior walkway - 8 i i I f i;aeeived 8 Approved ay The legal De artrnen! (0 7a MEARDON, SUEPPEL, DOWNER & HAYES WILLIAM L.MEARDON LAWYERS i WILLIAM F. SUEPPEL ROBERT N. DOWNER 122 SOUTH LINN STPEET JAMES P. HAYES IOWA CITY, IOWA 52240 JAMES D. MCCARRAGHER THOMAS J. CILEH MARK T. HAMER I THOMAS D. HOBART I MARGARET T.LAINSON April 10, 1984 ANGELA M. RYAN I DOUGLAS O. RUPPERT The Honorable Mayor and mmbers of the City Council City of Iowa City Civic Center 410 East Washington Iowa City, Iowa 52240 Re: College Block Building Dear Mayor McDonald, Ms. Dickson and Gentlemen: The undersigned hereby certifies as follows: TELEPHONE 338-8222 AREA CODE 318 1. He is attorney for College Block Partners, an Iowa General Partnership, which partnership is the owner of the building known as the "Collage Black Building" and located at 127 East College Street, Iowa City, Iowa. 2. I was personally present and engaged in the negotiation and drafting of an agreement among College Block Partners, Harry A. Johnson, Jr. d/b/a Mid -City Hotel Associates - Iowa City, Adolfson & Peterson, Inc., and Bushnell's Turtle, Inc. on April 7, 1984. 3. An Agreement among said parties executed on that date contains, among other provisions, the following: The building shall be restored by Johnson and A & P to a condition substantially the same as existed immediately prior to the comnencevant of excavation upon the property upon which the hotel is located. Such restoration shall be designed or approved by Shive-Hattery Engineers, with the quality of such restoration being equivalent to that of the original restoration in 1977-78. All finish carpentry and other finish work covered by the restoration, both interior and exterior, shall be of high quality. The restoration may be executed by A & P, provided that it may subcontract all or a Dortion of the restoration to other cmpetent contractors who shall be subject to approval of (o 7a -z - Partners, which approval shall not be unreasonably withheld. The plans for such restoration shall be submitted to the Historic Preservation Division of the Iowa State Historical Department for review and approval prior to the oomnencement of any such restoration, and shall further be submitted to and approved by any other governmental agencies having jurisdiction of the restoration. ly submit , F Down RAID/j lb cc: Mr. Richard Peterson �o 70 MEMORANDUM OF AGREEMENT - REVISED WHREAS, the City of Iowa City, Iowa submitted an application to the Depart - men of Housing and Urban Development (HUD) for an Urban D elopment Action Grant on behalf of a private developer (Dr. Harry A. Johnson, Jr. dba Mid -Ci Hotel Associates - Iowa City hereinafter referr d to as Developer) for a go't@l on Urban Renewal Parcel 64-1b in downtown Iowa City and which applicatio has been approved by HUD; and WHEREAS, in a ordance with the Urban Developmen Action Grant agreement between HUD and a City, the City of Iowa City haY, in consultation with the State of Iowa Hist is Preservation Officer, det rmined that the hotel would have an adverse impa on an adjacent property the College Block Building - which is listed in the National Register of Historic Places; and WHEREAS, the City of Iow City and the Stap( Historic Preservation Officer have consulted and revie d the hotel project to consider feasible and prudent alternatives to avoi or satisfact rily mitigate the adverse impacts of the hotel project; and NOW, THEREFORE, it is mutually a reed t at the implementation of the under- taking in according with the fo owi stipulations and attachments will mitigate the adverse impacts of the h -tel on the adjacent National Register of Historic Places building. ONS A. The City of Iowa City will en re that the Developer has or will under- take the following measures t mitigate t e direct adverse impacts of the hotel on the College Block B 'lding: (1) Establish witness poin s to monitor poss le worsening cracks in the College Block Buildin . (2) Establish a monitori g system to measure any movement of the earth retaining wall adja ent to the College Block B ylding. (3) Assure that the D�eloper will continue the activities set forth in Items 1 and 2 a his expense until completion f the hotel as evidenced by th/�n ssuance of a Certificate of Occupan . (4) Assure that thollege Block Building is restored. Such restora- tion shall elate damage due to construction activity as speci- fied in thebruary 23, 1984 Shive-Hattery Engineers report (Attachment A)d any damagesubsequent to the date of such report as may be indicated by other reports from Shive-Hattery Engineers. The Develop& shall negotiate a satisfactory resolution of this matter with College Block Partners. Such agreement shall be executed before UDAG funding is allocated to the project. B. The City of Iowa City will ensure that the Developer will undertake the following measures to mitigate the indirect adverse impacts: 670 Page 2 (1') Alteration of the College Block's surroundings: The College Block Building is surrounded by City Plaza (an all -brick pedestrian walkway) on the north, the hotel parcel on the east, an alley to the south and an adjacent large four-story building to the west. A covered, ten feet wide open airkway will be constructed " rectly east of the College Block B ' ding. This walkway will p%r@gerve the direct pedestrian access o the College Block Building. It will be constructed with brick p ement and a translucent roof. (2) Introduc ion of new visual eleme s near the College Block Building: The City e.aluated exterior computability with the Co inviting appe� ante for hotel adjacent o the all strutted primaril of ear and flashings. A ght g chosen as the major terior various brick colo s c tai City Plaza. The City will also re ire the Oev. ments as specified in esolution 83- IN WITNESS WHEREOF this party has the date shown aft r the signatures. Neal Berlin, City.t1anager City of low Citv, Iowa aterials for the hotel based on their ege Block Building while creating an e hotel structure. The portion of the ege Block Building facade will be con - insulating glass with dark bronze copings ray, slightly rough texture stucco was material; the gray color complements the ned in the College Block Building and the to meet additional design require - (See Attachment B.) ed this Memorandum of Agreement on Received & Approved By �The' Legal yyD�eyyp�artmonf T-^ �- " 670 I RESOLUTION NO.84-75 RESOLUTIO AUTHORIZING EXECUTION OF AN AMENDED ACCESS EASEMENT FOR URBAN R NEWAL PARCEL 64-1b (HOTEL SITE). WHEREAS, the City f Iowa City, Iowa, acting as the Lo ca) a Public Agency, did by Resolution -419 authorize execution of an alle access easement for Urban Renewal Pa cel 64-1b (Hotel Site); and WHEREAS, it has been and that the alley access eas ent is inadequate to allow vehicle loading a d unloading for the hotel s' e; and WHEREAS, the easement are needs to be expanded. NOW, THEREFORE, BE IT RESOL ED that an amended asement agreement (Attach- ment 1) be approved by the ity Council of t City of Iowa City and that the Mayor of Iowa City, Iowa is authorized to sign the amended easement agreement and that the City Jerk is autho ized to attest to said agree- ment. It was moved by Dickson an seconded by Ambrisco the Resolution be adopted, and up roI call there were: AYES: NAY • ABSENT: X AMBRISCO BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this th day of 1 ATTEST: By 1I. u LeQol DQ1.'QNme 6%l u CITY OF IOWA CITY HARRY A. JOHNSON, JR. AMENDED EASEMENT AGREEMENT This agreement is entere into this loth day of A ri1 1984, between the City of IZ City, Iowa, a municipal corpo a ion, hereinafter referred to as City, and arry A. Johnson, Jr., doing usiness as Mid -City Hotel Associates - Iowa Cit hereinafter referred to as otel Associates. WHEREAS, Hotel Associates hak purchased land from th City on Urban Renewal Parcel 64-1b, Iowa City, upon ich to construct a hot l facility, and, WHEREAS, Hotel Associates wishes\ to purchase from he City a perpetual alley easement for access purposes thrd�gh a portion of Block 64, as more particu- larly defined in this agreement, and, WHEREAS, the parties to this agree m nt wish to et out the specific terms and conditions of their agreement concern ng this a Bement. NOW, THEREFORE, IT IS AGREED as follows 1. Easement Area. The easement a ea shall be a strip of land legally described as follows: Part of Block 64, Original Town, 19 , City, Iowa, as shown on plan recorded in Johnson County Recorders Office, Book 1, page 116, more particularly described as follows: Commencing as a point of referenc at the Northeasterly corner of said Block 64; thence South 89059'20" West 22 .00 feet al ng the Northerly line of said Block 64 to a point (thi is an assume bearing for purposes of this description only); thence South 0001100" East 44.54 feet along a line parallel with the Easterly line of said Block 4 to the point of b ginning; thence North 89053'00" Eas 50.00 feet to a point; thence South 45007'00" E t 49.50 feet to a point; thence North 89053'00" East 137.00 feet to the Wes erly right-of-way line of Linn Street; thence South 00007'00 East 17.35 feet along said Weste ly right-of-way line to a point; \ thence South 89051' 7" West 20.04 feet to a point; thence South 0000 '14" West 3.30 feet to a point; thence North 890, 5147" West 201.95 feet to a point; thence North 00007100" West 55.00 feet to the point of beginning. 671 ■ Page 2 ns are 2. Name and perms en Extent f Easemenonexcnt. usiveotel easementcifors and andigegress hereby g purposes across the surface of the easement area. City expressly reserves all rights to the airspace beginning twenty-five (25) feet above the surface of the easement area. This asement is to provide for service access to the hotel facility. The easemen�area also is intended to protide for access to other otheriownerseoflproperty B1ock 64 and the City Block 64 access to the a'lleysthe easement. to grant to 3. Dedication as Pubc Alle . The City/also reserves the right and ect totalis of theto icaterulesa and rregu atio s eofatheeC•tyrea of aIowa public governingbsuch alleys. 4. Pavement and Maintenance. The City green to pave the alley portion of the easement area within a reason le time after completion of construction of the hotel facility. Further, the city agr es to maintain the alley at the same level of maintenance as is provide for other public alleys in downtown Iowa City. 5. Easement Price. Promptly on execution of this agreement, Hotel Associates agrees to pay to the City h sum of $18,350.40. 6. Future Condemnation. Whil the City has granted to Hotel Associates the easement rights provided in th s agre ment on a perpetual basis, the City does reserve the right to instit to conde?nation proceedings if necessary in the future to retake possession q the alley. 7. Reversion to City. /n the event Ho�el Associates defaults upon its obligation to construct a ho>1 on Urban Rene al Parcel 64-1b, this easement granted by the City to Hotel Associates shallutomatically terminatethedall City rights granted hereunder sha 1 revert to the City If this happens, agrees to refund to Hotel Astociates any portion of the purchase price outlined in paragraph 5 above whic�has not already bee used for the purposes of constructing public facillies on or about the all y. In the event the use of Urban Renewal Parcel 64-1 changes from a hotel, the easement granted by the City to Hotel Associates shall automatically terminate and all rights granted hereunder shall revert tp the City. \ 8. Successors and �Assi ns. The provisions stated herein shall be for the benefit of and bi�rsonal representatives, heirs, successors and assigns of Hotel Associates nd the City, and the terms and conditions set forth above shall constitute covefnants running with the land. des 9. Effect on Prior Easement. This Amended Easement Agreement 66 of ethe and revo es a Asemen greement recorded in Book 682 \\ page 66 of the Johnson County Recorder's Office. Dated at Iowa City, Iowa, on the date first above given 67) Page 3 CITY OF IOWA CITY, IOWA BY: er U son, or. STATE OF IOWA ) / ) SS: JOHNSON COUNTY ) On this 10th day of A ril A.D., 1984, before me, a Notary Public du—mmissione and qqua fied n and for said County and State, personally appeared John McDonalp, Mayor of the City of Iowa City, Iowa, and Marian K. Karr, City Clerk of said City, each being to me personally known to be the identical persons and officOrs famed in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each' for himself/herself acknowledged the execution thereof to be his/her volt' tary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereu to sept my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. n STATE OF MINNESOTA ) ) SS: HENNEPIN COUNTY ) i On this day of Notary Publ-in and for_ to me known to be the id instrument, and acknowlec deed. 1984, befo State, personally appear :al person named in and w that he executed the same Notary Public in and for the State of Minnesota me, the undersigned, a Harry A. Johnson, Jr., executed the foregoing his voluntary act and Re owed a Approved Rv l'he lujal Dc, — ��--- edam 6-7( I City of Iowa City �- MEMORANDUM DATE: 28 March 1984 TO: Heal Berlin, City Manager FROM: Richard J. Boyle, Assistant City Attorney KK RE: Hotel Alley Easement Attached is a diagram showing the enlarged easement for the hotel. I understand Council has requested this. The earlier easement included the twenty foot strip between Linn Street and the transformer pad, so the additional area is that next to the hotel and north of the earlier easement. For your information, I am also enclosing a copy of Shive- Hattery's boundary survey of the new area. 71 i j i I 3 71 -7-7 i • d "i I 2 o•a4 H'W L �r17•w i s Ss, 4 -7-7 • I i s 3 � PARKING ,RAMP I i .fa. a ru•Io'w ]� IIol. •/6' LI G9•a5'47^W I 71DC4' V M",W47'W '�'Y• vn•.reY�e. if `''� 2 �... /� SJrt�rrarea raa.scn.,eur FOM1 SGrNiCL VGI�IG6ES p � ti 0 i( I�--__ _—_ •'- ------------- `T _�f i N _— p _ N n1 � \ p.•.0 ro u.t.' Moicn.-cs i P�� 1Gv3.1 /.M14 �\ FJ6Cvt =1 I I W v) � a � U I �' I BEAM :..- r .situ yeewe .r :smmv.e.aaalwr(er ♦ :RMIOO 1100011r..IyTr UN. .00001YYa T.(0(0r. O U(' ow.4" tee lsssl Q ;•s I AarteRwuell. UM L4L CIM.ue.e aw0.e Y( ■ W -Vfl0 e1 Samoa U.9 OTMle.11( wQ M O my -%- ( CpTMUOe Ly ..Cl .0 .sir .vUN� IJT O/ V 9ieS5'00;L :'Hr+ O.W. nuT Of AT .or wwwm pl runts 01.611810. "JE ^T3[.!T •SaHo`-Wz?r SHI'/E.HMEPY ENAINCEP.S J. Subacr'tad and sworn tc 6gfy^r nr by En d la d Surreyon �O°0 Pd :n J. 3 odor s this / / QeY of tC1363 a v wawa Peq rattan No. 7]63 Im 'rt)ry ruauc .n .na Sar the .ace Of w rURH�Oa j �� Shlh-H■tler} 6 Aswel■fes .— r� 2'14114 to j BOUugAtN SURV 'lLY I • �..11My Ellell.ert MM s. PAitr OF el.oce a S/�H I /-� era. war• w.. crew... =;tw5 y '. 50' . Q MIJAL.TOWNaR 10V^CJTY 3roR crtr 00 -oAFA e.tty ...... ' Z4 7/ e0'1 a) -1 90'<P) � Cb CII tl0't� '� I I I Q ;•s I •LI Y IJT O/ V 9ieS5'00;L P IIN4INf�)i i 40. m' 1p }----3 -T' -7 ib ewm* I I ' ( PARMA"& ■Ak4w ', aonall 1. Camels. registered land sunelm r In the State of Iowa. hereby certify :hat on February 16, 1964. 1 suoarelSN:4 survey of that following described property: Par: of Slick 5=, Or4linal 'Own, :w Cty, Iowa. ASShashi an plat ncOrded In Johnson :16. described 'oilaws: rc,Jnty recorder's CMCII. Hoek 1, Page nen particularly as Car.encmn as a point pf refareece at the lortheascarly corner of said Block 54; :rence 'cute 19' '.9' '^' asst 222.30 feet along the-.onnerly tine of Said ?lock 54 ' :: i int :his I: m )Ssueed Oearing 'or PurOOS" of :his deecrlption Oni Yl: thence South 0- 17' W' Slat 134,S4 feet slag a line parallel with tM Easterly 'Ire V Said 21cck 6::0 :to point of beginning; •r.vice ':or:n 39' S]' 00' East 50.00 feet to a Point; ••ante :outh =9' 37' CO' East 19.50 feet to a point; thence Soucn 39. 51' 00' West 85.00 flat to a paint ZZ -1.00 feet West of the Easterly line of slid Clock 64; trence 9nrth 0' 07' 00- West 35.00 feet along a line parallel with the Easterly' tine of said Clock 64 to the point of beginning. to r:olect to easewnts and restrictions of record, and containing 2•352 Square 'etc. ghee ar :ess. :n 3 resurvey is now •onumented and usep, I find the present awasurenents differ from :I.ensi.ns-Shown cis former Plats, lescriptlons and conveyances. which account for the di"aremces Shown on this Plat. SHI'/E.HMEPY ENAINCEP.S J. Subacr'tad and sworn tc 6gfy^r nr by En d la d Surreyon �O°0 Pd :n J. 3 odor s this / / QeY of tC1363 a v wawa Peq rattan No. 7]63 Im 'rt)ry ruauc .n .na Sar the .ace Of w rURH�Oa j �� Shlh-H■tler} 6 Aswel■fes .— r� 2'14114 to j BOUugAtN SURV 'lLY I • �..11My Ellell.ert MM s. PAitr OF el.oce a S/�H I /-� era. war• w.. crew... =;tw5 y '. 50' . Q MIJAL.TOWNaR 10V^CJTY 3roR crtr 00 -oAFA e.tty ...... ' Z4 7/ i RESOLUTION NO. 84-76 RESOLUTION ADOPTING THE ANNUAL BUDGET, FY85, ENDING JUNE 30, 1985, FOR PUBLIC HOUSING PROJECTS IA022003 AND IA05PO22004 WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Projects IA022003 and IA05PO22004, 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, in its capacity of the city of Iowa City Housing Authority that: 1. The proposed expenditures are necessary in the efficient and economi- cal operation of the Housing Authority for the purpose of service to low income families. 2. 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. 3. All proposed rental charges and expenditures will be consistent with provisions of law and the annual contributions contract. "Pursuant to the rent schedule approved by HUD, the Iowa City Housing Authority certifies that it is in compliance with the provisions of Section 860.407 of Part 860, Subpoena D of the Interim Rule published September 26, 1975, in that the aggregate annual gross rent of families residing in the dwelling units for the fiscal year beginning July 1, 1984, will not be less than an amount equal to one-fifth of the sum of the "Family Income," as defined in 24 CFR 860.403 (F), of all such families, as evidenced by the following estimate for the fiscal year: 1. Aggregate Annual "Family Income" $436,221.00 2. Total Annual Income Gross Rent 126,504.00 3. Annual Rent -Income Ratio 29% In addition, pursuant to Section 860.4 of the final rule, effective December 1982, 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 reexamining the incomes of families living in the project at least once a year. 6 7,2- i --- ...... _._ __......__._.. _ It was moved by Zuber and seconded by F.rdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco j X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this _10th_ day of _ April __ — 1984. 1N .w-52564 J— 1951 I—A... 0.9 N..0-00501 F.'.. 1 Y 1 U.S. OEPARTYENT OF MOUSING AND URBAN OEVELOPYENT 901 wu D- A'1',T E D '.O'1 CT O. LOY.RENT HOUSING PROGRAM ,ILHA-0...1 R..1 Nwn,w....... ....... y� OPERATING BUDGET LHA-L... .E Hw.,n1-S..n.N 13 Y I0011 ...... F., FI... ENI11 June 30 1185 LHA-Ow64_H.Y.awa,A............... __ Tu, LHA-L....9.n.«..n.r,ny............. - 1: mm... =.Rvl[ION NO. LMA -C ... AT. P,.IK.•AAY„I.,ry..N CMNN,. _ •.,[ JI GOL.l.V1.ON.., .Giwf.. [' •, O.�f., Iowa City Housing Authority KC 3166 Civic Center, 410 E. Washington St. Iowa City Ia 52240 IA022003 d IA05PO22004 Iowa City, Johnson County, Ia. 624 i2 .vD 5252 Rlncu •vR nomNA..9L¢R, iAe AU=WM REQUESTED BUDGET ESTIMATES Des Moines Kansas City QST ow ..]CAL ' ii Lw. BlnYwru Nuo Yomrlewnowl cUwwENruw RaN,9 11:OOBT1 .MOMMY .YOVYT IU'1 FUY .VY wUY .(T.M.�.., NRI FY T.NYNIO. lIM( NO. 11I 1]I I 111 1.1 I!1 I[I ITI HWwrY. YMINI ..Y.N,. MI 001 D.Y.rI ENrNN. xuo.s]su •."1.17 �U3. OEPARTMENT OF MOUSING NO URBAN DEVELOPMENT LOW -RENT MOUSING PROGRAM OPERATING BUDGET F., F1...1 Y... EW1.9 June 30 19 35 j0 ON1a1..A. —navmGN NG. .•w or wuueT•M.IT•+ Iowa City Housing Authority LY Iowa Iowa Ctty, Johnson County, Iowa c BUDGET ESTITES KC 9166 uSru1 0. ESTIMATES r•O/[Ci rOdEx IITCL I.CTUALR IA022003 S IA05POZ2004 i •Aw cu.Mo,n In. eanY. rc. xuD Yomnen noxi PUDGRTI ..[ or wD-.unnD r.RURT:m' I H-.'" Z: LW.L..MM1.wr.... rIA� II! EA�i •Youxr I .YouxT LNA4..A... Mr LNA•L...1.LIn.. I]w 101<I LHA 6 .IM N...'I U. .VY .uY I(T<X.wu//aN •Yx I(T.X.M..11o LW-0..M•MI�sAM/ r_ A1ren.MemC..e, C LINE NO.1 111 IEI IEI 171 Ito OTNl9 !}!! I7 R I PAI. Y. AJI.. 720 011. O.6A.MANA E-0 T.el 011e. E.rM61r.M 190 TOTAL OPERATING ERPENOTURES 900 RESIDUAL RELEIM IDR o9rlan BEFORE MW CONTRInN nONS AIn PROrDIa PORonunw Refe9vn11 7in 0 - I BAR.. An.1 CMII,B.NM ILM.W P.i.0IS 920 RESIDUAL RECEIPTS IOR DEFICITS 9[1`041[ OTHER MUD COM TRIBUTIONi ANO PR0YI11ON FOR OPERATING RESERVEI 9]0 MER MUD CONTRIBUTIONS WANY . .o_R l .e11r SAMNM 1 900 T..1 ON.r MUD CMM.Inde. 970 RM16M1 RMnm I. Oawm b.I RM...A 7wInM I. ORMw RMn.M 41N,1..1 6.N.e (. pMN111 AN OPERATING RRSRRvn . FOR A C014TRACT OR PROJECT uxa NG. Pont I - mmiW ORwe11•E Rft no - and of C1PIPIR BWW Year OI SECTION A - LH4 MED RENTAL MOUSING s 5 0 On.bell OORI N LIN. 600-C.IAnd, S -Fn. MUD -33361 ir. C.MANT 03 SECTION a - LNA•LEASED MOUSING - SECTION 33 09 1MC1 O.Pb.11 MEW Lt. 600 -CAI. 5- PAHA HUD -52581 I.. PeNM1 03 SECTION C. ,A,PMID OR LEASED MOUSING. HOYECINERSNIP O•M.I6130R1 M LI.. 600-C.I. S- P. MUD -32544 I.. Pn Ed I ondAHAIW (33•I/OR) .6 Lt. Ow-Cek. 5- F. HUD -53561 I.. Pn1AM T,1 (S.M At Lin.. 01 AW O Paw II - P.IRIeR h eW EINAAIIW AN Atrwl ow"INe ReRA.M At Y. Ed 06 R..w.. At End .1 P.J. III ... I Y..-Aa1W.1 f (22-3) 14,495 07 P.I.I. I. R. - CYMIII B WENS Y. - f.li..MeRMRRMRR 71 nF11 09 R......1 End .4 CHI.., BWM/ Ywr-Enamond*)WAV0 M Pr..i.IM I. R...TA - R..w.1W 8v69.I Y.- E.11-0" 11 510 t0 A...m M EW A6 RA.M./W B W9.r Y., - E.IIN.MN LW APPROVALI Lyle G. Se del, Housing Coordinator IN. Tian, f"IMMA.q (DAN, AREA OFFICE APPROVAL IN. x.I bN.) (nMMq Co.) 1 IIs., 1 .4 '1 kww<krrw K.1110.! S.W. 19,7 OwMting Budget IF.e,rl. FX.•15751 SlMewglr •1 Brldgw 0.n ad Juardi-dl.. IOwd CI tV HauliRR AIChaYI tY FNIM Y.el Edi.. lune in .HRS n.y.r L.ol Ill. .... ..rsal" 1•as.ln. OprM'.,A ....... O.rL- R.d, Enlx..-r. IRS . +a., F.. HUD..." Iew.M, n.0 m<, x.. rR.a S.x,.n 22 L ... IRS Muuq, nx. e.u. d Ino, I VJMb ,xd LHA ..vel, ..I -.1. 1-. .x.Mr .l b.ILng .nm ..e,lwl. I.I ..<.nnM .n. fb nu.. e«r,. lsr m. ,...MI. MI. Ci.. LHA ..liq ...nl.. MI -M.n<,n..MN bete,. worth ... ,...11 .n . Im1x ar b -x uxq•..,hi.... Milano. de a..,. n Buyer Yeen F., Swu. 23 Lw.w h.uung. cove• fh...... al ewe un.N 1 -ft. rlw FUM Inn rfo, ... .hnhN r e11h• ISIS d xf Ililu a Seidel. if le, included, mbin.wh.s IN ea..., .1.1UIry <•x. Is, LHA even/- rMMr. This is the first year of operation under a consolidated ACC. A total of 52 units available. Average tenant rent for the month of March. 1984 was $146.96. To allow for sow vacancy during unit turnover and selection of tenants with lower incomes,95S occupancy was utilized. 144.96 It .95 x 52 z 12 Is $85.932.29 or S85,900 — Emu UhlHinl (NOT Ir S.e,IM 21 Limited Muunp) Chnb •-r.uu M-• in il.w I, end M•Isin "Olb,", Ude H.2, eealsia M.I. r. .Miry crsren.. FN..•eclat Go idi.idwl dwk.wn as Ow.100.1, peri. d MMe ver e11 . w i OKIMS..r. CYft .K.1m. del• dare... Wilby dl.e-n. E-hin .isieald chpw- in •Ileac-- S, sow IoM .bwh.111 -eats • tall -r ch.p in rhe revel •N., el M -II .1111" hes". 4.im rM R-r•M sedge, Y.. j 1. UHIiry S.".. Sclilefted. Ge❑ ElnniciryF7 O,Iw❑ (sa-IIY) 2. C.... i All utilities to the dwelling units are separately metered and costs incurred paid by the occupant. Utility allowances were last reviewed in October, 1983 and are considered adequate. The Authority will incur utility expenses for security lights, water and sewer, gas and electricity for the ao,intedance building and office. w ' wp.disilin R, I,, W S.Iba 72. N heullA•1 550 Wr IM Ir leach's e -h. .iw-edr w dee, ed Ib r gia m�i.ale, �i-e.hry dll Uing Sa-e • Nlnerl Schwl • fSa Er 1-aXr. m. Ciw clw,yee ewlelM,d MIM the Re-n,M sedge. Y. dlnllrl..ol.,d N.f.d.dllq RMwI Inco.. ' I. $np R.wd To whew R.1 Terve. None 2. C..b.hM 1. ,M Elder .d Distill", X N 1w11M23 LNeed hea\Ing, 0..1 S, SWISS M F M..h.w.l cesmileflass 1.I he EI4NIYM rwXU 1 N, c.rurw unwln. w rb !.-tela .Iwxn bMw Th. •..I IM Iwx d Ilnea 7, d, -! lar .h cMaep b ,w e..u.r•I the•nI.W< In rNl,. TI..NIh.II subsidy le I -MTI IMIIIwIIIn dlwl..N IM "b"' he..... ed wMa r.rwwl IIM M a1 ehr fwnw- 27, HM' 1. "It' .ble MIS .h. 1IRS.1.p IMI.—n �..brp:.u.h i++111M .c. late Ih.n rb .,wap rem w b ch.gd.tila nwlded, 1MIII.., If. II I• nn am HM .ilds IM availability of this subsidy, 11 will be nneswry w INS,.heIhIM c.M" F.r dMlling a•I fa A •.an al sad I.bdb I•, dMlllms w b• -c.aid h Such dl -I -•d 1.111- deal n- Mend SID. h,e 411I.C. In •!rep rear•, .laid. Is ..I IN. In such vele amW In M errwhwMr dwell. •lila e..uwNM ler II,I..II.w •I lhl..ubily In•Idd In rM..awr wive. M NUO•!7!4 I. Cw+np Nair 1. e.11.w1 deficit in NMMI Oa.hn. d Crr•. adgil Y. s 1 s . S. EUl.wd aW.xx,.1 waled Mlw at d d C.., adpl Y., I. be Occupied by Elderly F.IIb. R • IS d. E.N.d..0-d d.11cu •IMbuwbl. w EWMIS F.Ill.q 11-2-111.IId b. 11.1 !. E.h.M lined Curly f.11l.. b -eyMq si ML1 f / 5 Cum. ed.. Y..III•lld Is, 1120. .10.57111 Ng612372 (Ps"2 I"? 1Opwetln9 0udy.1 ;F.r,r PXA.21]31 S..Ir.1 Sall,. Dom Good Justification, Iowa City Housing Authority Fl.. .1 Ya, Eno... ._lune 30 .1999 Do..,n, poor.. ICanunrl Inr.rou .n O,ar.l Fu.d Inwuww. SNu .h...u. aI.wanr Gard F.. in a.wnr.n. In..or<owo.d rho Gonwl FuM Ir nrw rnn. Ennis....uw.onar rune w<raud.r.wand...wua......a,daimon •onr, o..na oanurwu, rr.., .h..h.dl H., mru...n.,...wq awl iiwaa<n. m no pawuw S.W I.,. E.,4.. Mw Is, di.n6.N..1 w.o,m ,as, 6...s,. sons., ,w,s,w. Current FY budgets indicate approximately $21.000 in Operating Reserve will be on hand and available for investment. This will be invested for one year and at 9.255 or highest possible rate, income of $1.950 1s anticipated. Odor C.r.. On E.N...10. 0 p.aiow, Of.. •o...w a.11 oown, .19ndlan oo.w d law .616.111 rror. <Ir wrowoW of Oft LHA'S w..r1101q .I.w riw.tion dwW On eo.o.W eolwo Tr. Pr So,1. 23 LrY I.wW oghin Wb Ir aHww.6 ulli" dwa, No w.ww. Receipts from coin operated laundry equipment is projected at $500 and is reflectfld on line 060 as Other Operating Income. Oro,lw E.,oMIM. Su.r, .15.111" ad Solar, Doo Cool. On, ...awT Y.1...n N,. M., .1 1 ' No ohs,. r F.14110-52116, S.Mi,I..1 All P.M. and Sorbin., o Io inwo Cols (1) Ear 1b rwl waYr of rNlr da19aM.IN 0. oow.►wrd1" war Ila ps,6ol a olrn I. Cop. (1). I. HU063256C Col.. 121 E.. A o . .1 adwl.n MI -Ions ,o.,i..11.61. w MUO..IdM ls,wla In wa.orw. For .... 0. -- A. LHA M ,Mw ""T" pooN..s, o11osi6M w.oh hr W ON, 1M as, M SOIL M. o W US ro..oMonly. Tho. ",'obis.. Maks, will. is Iso. (9/10.7/10.3/10). Coles (3) E.r 1M MI. of wool ..lo„.gwo. ,loan I. Col. U) on, Glues (6). Foo HUD -32546..11.141. NO HUD..NY Ma W 1. nn../ws,w, .des .M. S..N. 22 Lo..Y I .aln9, Color NI Enos, Nes ,r,lr, .f 1."I al.w awes. shown in Gia (3) r C.Iw (a). I" HUD41364 dir6b NO SwNw 23 Loot h.l,00 In wnrnwl. Notes TM nos,Yorof aulaln, lulMW.oltion,ond"consist? .f WAYosow,a for dl N.I,Nno 4oipolM "Wo .n Fors, Hu"2546.wM wdookl, dl.nMwd w ooe..a If. OMI A1.iw.aw..M Oowtl., LW. e.nwrdian Y.Inw.00.o wor6►wlow..Y IM,.o.Mw oY AYIN. i --Prop. I/ Cow l..d NO ,M q,r.rMn Ila. HUD -52546, IM. 1.1 al., W.. h. In Glu. (3) a Ns, cw.,.Miw IIa.M... C.M load 1.don ,WWWM Ila on, HU0.52374, th nnoowl of ala] oa.o .ho.n in Colo. (dl. tM cr.wMlw Ila cM... 2/ Th...ar .l alo„ on w. dutribuwd to Gwrllaw Mol.w,wna work PnI....nd NO B.no.. oM Addition. wrk Pnlow I. NO w Lwkdd In 1M o01 M a.h IMMdoI ,wN<, is M .hod Im Nw LHA SMI, . chow o Po HUD -52167. HUD -525" (O%Z T,.I HUD -Aid" M.rAna1 Bons, f..wl. S.Ir. E.nw. NrMr own, .hr Moue Soaa 23 LoaM An. Lir P..1 �Mln�o 25 Lr.M Nonni" Ho.wa ONLY m m 01 al Adninlo.wral...hnral S.l.la J/ 6 .7 19,325 Adnlnl..Noo.Toohnlal MI.I., _( 0 adlar, AMlr.l.n,r,a a o,r.N.wl.6. i 1 .75 10,686 Ulllitlw.L.6or J( Or (sa.lh) (Loral, ow.) V Legal 1 .04 1,320 E.ardlaq Winl.m work Pr.m,.. j/ B..owrnw oM Addlrlwo work Is...... 21 I/ Cow l..d NO ,M q,r.rMn Ila. HUD -52546, IM. 1.1 al., W.. h. In Glu. (3) a Ns, cw.,.Miw IIa.M... C.M load 1.don ,WWWM Ila on, HU0.52374, th nnoowl of ala] oa.o .ho.n in Colo. (dl. tM cr.wMlw Ila cM... 2/ Th...ar .l alo„ on w. dutribuwd to Gwrllaw Mol.w,wna work PnI....nd NO B.no.. oM Addition. wrk Pnlow I. NO w Lwkdd In 1M o01 M a.h IMMdoI ,wN<, is M .hod Im Nw LHA SMI, . chow o Po HUD -52167. HUD -525" (O%Z . HUa.5197 tra. ] d n I.1967Opwgung Budget Y.W. 1 IF—ir IM. un spun of Bridget Mn a.d Jnlifianlrl Iowa Citv Housing Authority FMal Yar E.. a. June 3n. 19 AS 1 Dec."., En.nOW.. IC.nu.."I sw,oua.4 P.M.,.ou Sol." net. I...nnou.lo 5 .... r.11 W ...... ... .ouuen ..dell van. ouurro a a.nlu.N in M Raw,r.d uqaShe, C,m Pn.f HUD n r.ond udlln. cMnP, of el.unl,umlinucn it Such can...•'Mm PON MUD coWrna .n m.e,W ..Mn .n.rn..\ IW Ad ...... .nM 51.11 N. n. ..... (k."..n1.O4Mn1 axothe..0", M/u1W IIM. Ci1..IINU.. M.. Ir .W. am or. -d.... aa. IF.1.HU0.57159)." .11 1-1-11... Ls. Shut- The ..0The Iowa City Housing Authority will be administering two programs as follows: 434 units Section 8 Existing and 52 units Public Housing. Current staff authorization is shown below and will not be changed except that the Maintenance Worker i will be increased from 1/2 time to 3/4 time. .P.M. t Sec. 8 1 Housing Coordinator 20 80 1 Housing Management Aide 10 90 2 Housing Specialists 20 80 1 Clerk/typist 10 90 1 Permanent Part-time Housing Specialist 10 90 1 Permanent Part-time Maintenance Worker 100 -� 1 Attorney 2 hrs./mo. 4 hrs./mo. Taoul PuNiaHr,.. Mou hi, Ow. 1.w P.1- T.peh....N T.Iamh..N SonNl In Wwlr. "J.nllorl.11 1r L.ae Tall a com wra Nn l .Ntl.pe.e '• .hn I. MU0.57571, pou n oullwun d nbunnd RnuurN aNn, Ym..'ahad Inron e.a 1h, PUN Sea of nou.dlem Ica rlrr..,erre 1. rl. C. 8~ Yr. 1"I.i. Mel. Ir .IIo,Iou N a.h .1..1 Sec" r1... Travel costs incurred will.be pro -rated between the two programs administered 20S Public Housing and 805 Section 8. i uU11H.n bluer .. Iche"..1..h.ourlel Reeou...d eNwl Yar ..Viouad Laron ..er the PUN as J ,.rNIMm fee. ah will" .via In the cwrul Balt. Your. 0 .... I".N .w1. ",IrrN c..1 of hum), .6.1 .1 "other Ullnwn Caaan" oMI M.I.aouna a o.rHWMdou a w .r.. ol oiullrin uMw of nrMl Rou outaru d Bud", Yantsc. Ina.. ~ 11.'PUM rya. I .a . cormea , In nXe11t eNe„ your. The temporary part-time maintenance position has been converted to a permanent part-time and increased from 1/2 to 3/4 time. Experience indicates this is essential if we are to stay abreast of ordinary and routine maintenance. -e an r ;;Ah. Gift Sad Policy ; .rrl., PaPe,N 10 4. Rnou.M 16dw Your, e.PI,In ..i mehlel Reeu,red Bed,., Yw aW..,ou eat the PUM rre.1 aphonum Ir C..ee1-$ .I... In 111. CWra, eNa, Yar. 11 LMA b, ern., Ir molameae el .I.ouwr be, eire.ounnact Pr oh. The pest control contract will be renegotiated. Approximate cost will be $2,000. The remaining will be available for maintenance tasks beyond the capability of the Maintenance Worker I and will be contracted for on an as -needed job basis. MUo•51575 72, I N .UR 5203 .r.�cars IW r rxua931 OPranng BWm.I Suwwary al Budm.< Dan and Ju.wllanian. Flml Y.41ENIny0.-. Imgl_ [ora Cfty Housing Authority duu4 Or.nnn. EH«.num ICwanuwl i In.�_r Gh. w wd.wbw J uMr.nad RwwuN aWHr Tw nn.nN merw... m iM PUR nn al owndb.n. 1« iMw.wa .nr .b Cwnnr BuN.r Y.«. ciu <hwH. None - paid from development I ErwWwawNlr(J.MYrlw.l U.1.11 C.aI.Yw e...11r .Mw a.rr1.IHW In. GI.. iwrillnrlw Ir .11 rlw. n V InrNuW Ica Nr. R. _ .w.W .am.r r r.bi<n rrw MUD <.wwrrw hu car bwa anw. All are city employees (to include the City Attorney) and as such are covered under city personnel policies and union contracts. Employee benefits include paid vacation (varies with length of service) sick 'lease. Iowa Public Employees Retirement service (iPERS)r health and life insurance, long-term disability insurance and unemployment coepensation. rjLLOSUI LI.M._[r N wlrrw ... Nra.rwbw.N nwl �rr.l dl ....can rwM.rla lar bwlr w«wr..d wu.wd www. w .l rba Blah n "kh Nr wwwrn w. [.r and. No accounts receivable. Only $800 is projected. Tenants are required to pay a security and lttishanDlelPated«that 97%icies are occupancycan belmainta maintained. A walling list is maintained hrlwdiw IYlwwww. Rnl..wwr el lHlrwr..N a.rrrww..N V �IrIYrI..A�e rb. vD �[ww «~F.. xu0.s7Jr 0.�6 Mnn.rm. uw MMr u[ a In caw. a[Hr. r 70 r Jwul7lild InhrwNw IM.rar.W w>.m[hN n Fan. rU0.a9d7 n..d nH b rwwrN h«.. None. RUNM" are .W"I �J 7 (Q77 ra1Dd7W O►uDliny gxaa.l e.Ip, 4nr M.. Oiam Iowa C1tY ItOustn9 ��,,,,s 1985 ` ar„Iw 4cAadula of tF«.eh Fwmtawl AN foaiNoia oad fdorlaa ow IOwd OILY. IOwd 52210 allw.,lr A MIuM at 1"W” howr126 a ada., riw _ 4wrWl...d h,r.. 1PID•N4U,.xr py w mom„„ WrMw., D...ly.w,5 83"�'Sec. 8 1 Ileustng Taordlnator -NT 30,03012 31.096 204 6,1.220 0 3f- 24.876 Percentage of time HousingHanagment Inde -NT 18,51212 19,260 0% 104 0 904 11.334 Percentage of tlnie '1 Housing SpePlalists -NT (6a) 41,72412 (20,8626,678 43,390 204 0 9042 34.712 Percentage of time -NT 14.11812 15,104 104 1,51013,594 0 9041 Percentage of time Clerk/typist 1 Permanent Part -tine N) -NT 8,71512 9,911 104 0 904 8,920 Percentage of lino Housing Specialist I 991 I 1 Permanent part -tine (3/4)6,460 10,686 12 10.686 1004 0 lialntenance Worker One 10,686 334 614 2 hours per month Public 110u$1n9 2,100 1,000 12 4.000 1.320 21680 4 hours per month 50ctlOn 0 i 1 Attorney fees i 133,447 133,997 31,331 102,116 � TOTAL121,959 H i J ,I.IrTI r r.nl.w " Sec. 8 Existing 434 Units Ir J lel hlprx/ owr.tiw lora City HDusln, Authority Iv�.l. nl.ann L...awl vwu. nw.r. 2 persons OMatIM BINA1 Lw.un rlrl r. [N SIA.uJ1 .1 aLia1.MNM f..M.x OHM T60 Slarua I Iowa City ItsI 1985 nl .lot 'tt ,ll .D 8 days This represents the travel budget for the division. Total costs will be shared as follows: 20% Public Housing I T.M nUD•.1NN M1gr.r,� » i DwvxlNr i .rw•w D...I.Nr i ''�' I i l E ISw S I r I l a Ono 1.370 T. RAO ' TmJ I N.. Irrr• —.wxwx . 1 I I 1 TuP b Crlw.uN .M rwbAu D • 1 Sxll I T...4Dr.Mr..n..N See below I I .1 I Tr.l Trawl T. C�.M u...r DIM Lm Tnwll ' 11 Or oow J rlNNrlr• 1 I .IMM a.w J Lwa 1rINle1. I 1 0 I T Oa. Lra Trawl ID � T.nl Trawl I 1 I n • vuwiwow I 17'WrWb Drw rw F. I I 11 1 T.r.M..V T.141toollfloo I ,I.IrTI r r.nl.w " Sec. 8 Existing 434 Units Travel: 2 state Chapter of NAHRO Meetings 2 persons 6 days 1 National NAHRO Meeting I person 3 persons 3 days 9 days 3 Training sesinars 8 Area office visits I person 8 days This represents the travel budget for the division. Total costs will be shared as follows: 20% Public Housing 80% Section 8 600 400 600 200 1-1mu- bVIERAL CERTIFICATE I, Marian K. Karr, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: DATE OF DATE OF COM - ELECTION OR MENCEMENT OF NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE Mary Neuhauser Mayor 1/4/82 1/4/82 Councilmember 11/6/79 1/2/80 David Perret Mayor Pro tem 1/4/82 1/4/82 Councilmember 11/6/79 1/2/80 John Balmer Councilmember 11/6/79 1/2/80 Kate Dickson Councilmember 11/3/81 1/2/82 Clemens Erdahl Councilmember 11/3/81 1/2/82 Lawrence Lynch Councilmember 11/6/79 1/2/80 John McDonald Councilmember 11/3/81 1/2/82 Neal Berlin City Manager 1/14/75 1/14/75 Robert W. Jansen City Attorney 6/30/81 1/2/82 Marian K. Karr City Clerk 4/12/83 4/12/83 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/84 1/2/84 1/2/84 1/2/84 1/2/84 1/2/86 1/2/86 1/2/84 1/2/86 Indefinite 1/2/84 1/2/84 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. 6 /oZ Page 2 Gei 11 Certificate 8. Since January 4, 1982, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this _ day 1 19 7'I'/ou�e�J �• i�� MARIAN K. KARR CITY CLERK I i HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I the duly appointed, qualified and acting of do hereby certify that the attached extract from the mt+Ptin¢ of the minutes of the of the , held on ' is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said this day of , 19 (SEAL) al The following resolution was introduced by read in full and considered: moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS T' said r T' and s e VYM and date duly este The following answered and the following The iF 4 233978-P HUD -9012 (11-68) EXTRACT FROM MINUTES OF MEETING .w RESOLUTION NO. 84-77 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH THE CEDAR RAPIDS & IOWA CITY RAILWAY COMPANY AND THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa has negotiated three agreements with the Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation, a copy of said agreements being attached to this Resolution and by this reference made a part thereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements with the Cedar Rapids & Iowa City Railway Company and Iowa Department of Transportation for grade crossing surface repair on Riverside Drive, Waterfront Drive and Highland Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreements with Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ x Baker X _ Dickson . X _ Erdahl X _ McDonald X _ Strait X Zuber Passed and approved this 10th day of April 19 84 . MAYOR ATTEST: 111,ti,-.,.j -/ . CITY CLERK Racetvod & Approved By The Legal Depaiiment G 73 IN STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT County Johnson State Number Road Riverside Drive AAR-DOT Number 608-057-K THIS AGREEMENT, made and entered into by and between Ci of Iowa City, Iowa having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company rack wner with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Company. The Highway Authority and the Company agree on the necessity to repair the at - grade crossing located at the Company's railroad grade crossing of Riverside Drive in Iowa City, Iowa and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing. The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair of this crossing including railway and roadway approach modifications to conform to American Railroad Engineering Association Guidelines and Highway Authority Standards and will complete the repair as soon as possible and within twelve (12)months after the Highway Authority authorizes it to proceed. An itemized statement of the work to be performed and its estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to conform to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority maple opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. 6'73 If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billing to the Division along with a certification of project. acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. . Executed by: CEDAR RAPIDS AND iO',VA CITY RAILWAY COMPANY Company.. O. Box dcr Rcoids, !own 2406 APRIL 3. 198`1 Authorizing Agenz ulua P'- ami (Date) Hig ay Authority �/� ,ui� �pll�[/�� Reeelved & Approved R7prizing Agent Date 9y T e Legal 0 partmenm R 1 and Water Division 'r-1 -S1 % 4a&+an x : IDOT 4 4 ¢ wi o0 A.et sem.. w_ti/ 4 u &4&a"4. — ne.... A-4 i.. 1...+.•0 192q - Highway Authority Contact Person Frank K. Farmer Address 410 East Washington Street; Iowa City, Iowa 52240 Telephone No. 319-356-5143 9/83 (73 CQ^l LUM AND IOWA CRY RA.- My COMANY DETAILlZD LIST OR PROPERTY TO BE INVESTED sNuT Fait', O/ Or PNTa11 i w•n•II[o eY 2 Tracks reide.Drive - Iowa CitY, IOwa 2"-3" raise OU•MTITT INOTALLSO OgmNIPTIOM or IT=@ CeT1Y•TTe Con OU"TITY UNIT COTE AMOUNT MTERIAL i Rail (112251) 234' S5/ft 1170 Plates (112251) 156 $1.50/e '234 Anchors (112251) 312 $1/each 312 III I A % B or. 5275/ea 2200 NO SCALE COMMERCIAL DR. o AT THE SITE, THE CONTRACTOR SHALL PLACE AND MAINTAIN ALL LIGHTED "TYPE II" BARRICADES REQUIRED TO COMPLETELY CLOSE THE ROADWAY CONTRACTOR SHALL MAINTAIN PROPER POSITION AND PLACEMENT OF ALL CONSTRUCTION SIGNS SUPPLIED BY THE CITY. SUPPLIED BY CITY fI ! / / 1 ROAD CLOSED LOCAL TRAFFIC ONLY 2 ROAD CLOSED 3 ROAD CLOSED AHEAD RAILROAD CROSSING REPAIR S. RIVERSIDE DRIVE • 673 County. Johnson STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT State Number 13194 Road Waterfront Drive AAR-OOT Number 607-311-G THIS AGREEMENT, made and entered into by and between of I having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company (Track Owner) with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Company. The Highway Authority and the Company agree on the necessity to repair the at grade crossing located at the Company's railroad grade crossing of Waterfront Drive in Iowa City, Iowa (General Description and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing, The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair of this crossing including railway and roadway approach modifications to confonn to American Railroad Engineering Association Guidelines and Highway Authority Standards and will complete the repair as soon as possible and within twelve (12)months after the Highway Authority authorizes it to proceed. An itemized statement of the work to be performed and its estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to confonn to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. X73 If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section 3 and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billinn to the Division along with a certification of project. acceptance and completion (Form 6400033, and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each.of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. . Executed 6y6AR kAPIDS AND IOWA CITY RAILWAY COMPANY Company P. G. Box 351 Xedar Rapids, Iowa 52406 ,Gr Authorizing Agent uaum Hi ay A thority fi orizing Agent ail and Water Division '7_ iBY INe ng .a Date n4.1 Bseetved & Approved D e gy ha Lesi eperhnent xt�: /1!01 tdw_C0 4 4- A Highway Authority Contact Person Frank K. Farmer Address 410 East Washington Street; Iowa City, Iowa 52240 Telephone No. 319-356-5143 M 673 CEDAa RAPIDS AND IOWA CrrY RAMWAY COMPANY DETAILED LIST OF PROPERTY TO BE INVESTED sN[[r No. - --•- -- iTine or Peanci: u"[►A[[o QV sand Road — Iowa City, Iowa 1 /// . WCCk 1 2-3" track raise ESTIM�T[o COsr DUANIITr (- �•---- D[[C[vnoN or IT[MS--- 1.97.t Lro• UUANTIT', UNITCOST AMOUNT' • - MATERIAL: Rail (112254) Plates (112254) Anchors (112254) i Mud -Rail Welds Ties O Fabric t i i Bars (112254/854) << Xing signal pipe Spikes/Bolts/Washers F_ Ballast . _ 1 Asphalt Material 200 Overhead Total Material LABOR: Section: 10 men for 6 days shops: 1 man for 2 days Labor 50% Overhead Total Labor iMACHINERY/RENTALS Crane i Tamper Rent Barricades/Compactor Pickups Large Trucks I Pettibone Welder Air Compressor Ballast Car Flat car 1 Total Machinery • I Total Expenses Scrao Value I i TOTAL 1 1 I i 156' j $5/ft 104 1.50/ea 208 $1/ea i312' $1/ft 2 1$80/each 52 $18/ea. 1000 sq.f1 .15/sq. 4 prs $275/ea 50' $6/ft. Lot Chargr $125 30 ton 1$5/ton ,60 ton $40/ton II I � 480 hrs 16 hrs $12/hr $14/hr 1 4 hours $60/hr 2 days 1 $100/day !Lot Chargle $150 1 R days $30/day •10 days $40/day 3 days 5125/day i 4 days $15/day 3 days $35/day 2 days $25/day i 2 days $15/day i 780 OC 156 OC 208 OC 312 OC 160 OC 936 OC 150 OC 100 OC 300 OC 1251 OC 6777 OC 1555 4C 8132 4C 5760 OC 224 OC 5984IOC 2992 OC 897610( 2401 OC 200 OC 150 OC 240 OC 400 0( 375 0( 60 O( 105 0( 50 0( 302(. 1850 0( i 18,958 41 (400 0' 18,55814 1 97 !)n-vT;NS DR. 02 41 CaVMA=R SHALL MAINTAIN PROPER PcSrriw M) PLAMUM OF ALL CMMXCncN SIGNS SUPPLIED BY THE CM. SUPPLIED BY CITY I IVAD CLOSED LOCAL TRAFFIC CNLY 2 MAD CLOSED 3 MAD CLOSED AHEAD So(M (GATE AVE. AT TRE SITE, THE CONTRACTOR SMI PLACE AND MAINTAIN ALL LIGHM 'TYPE 11" RAMICADEs REQUIRED M CQ4P=LY ajos um nmwAy MI11M CROSSING REPAIR 11ATEURONr DRIVE 473 STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT County Johnson State Number 13193 Road_ Highland Avenue AAR-DOT Number 607-308-Y THIS AGREEMENT, made and entered into by and between City of City, Iowa having primary jurisdiction over the subject public highway, street, or alley hereinafter referred to as the Highway Authority, and the Cedar Rapids and Iowa City Railway Company rack owner with principal offices located at Cedar Rapids, Iowa hereinafter referred to as the Co..,,.,.,. The Highway Authority and the Company agree on the necessity to repair the at - grade crossing located at the Company's railroad grade crossing of in Iowa City, Iowa and further agree as follows. SECTION I. The Highway Authority and the Company each agree to pay twenty percent of the total cost to repair this crossing. The Rail and Water Division of the Iowa Department of Transportation, hereinafter referred to as the Division agrees the State's Grade -Crossing Surface Repair Fund shall be used to pay sixty percent of the total actual and necessary cost to repair this crossing. SECTION II. The Company and the Highway Authority have determined the extent of the repair f this crossing AmericanRailroad Engineering dAssociatio Guideli esanroadwayandpHighway AuthoritynStandardsoandtwill complete the repair as soon as possible and within twelve (12)months after the Highway Authority authorizes it to proceed. An itemized statement of the work to be performed and its estimated cost is shown in Exhibit "A" attached hereto and hereby made a part of this agreement. All costs eligible for reimbursement must be billed to conform to Section IV of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document the materials and labor required for the work covered hereunder. SECTION III. The Company and the Highway Authority further agree: X The highway be closed during repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit two-lane traffic during repair. 473 If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the completed work pursuant to this agreement. Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing and any subsequent reimbursement under this contract shall conform to Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section 3 and statements in the aforesaid reference, for purposes of this agreement, regarding the Federal Highway Administration shall mean Division. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billing to the Division along with a certification of project. acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Division, upon receipt of the billing shall review, audit, and determine the approved final reimbursable amount. The Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Division shall each process payment to the Company in an amount equal to twenty and sixty percent respectively, of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and all shall constitute but one and the same original. - CEDAR RAPIDS AMD :CW.11 City RA!l.WA*,' COMPANY Executed by: ? O box •15"j ":Ikir ?:,ai 7s, !owa 52,406 Company i 7 • RVRic. 3. • Authorizing Agerrtuu ;:::;; Date Hig ay A hority rizing gent O rD • e' S y T calx! ffi lappa ftw D to 9y 71�a legal CeraMment 1 and Water Division.1 POT ,q.�� 7-13- 8 Aman: sw 0 "te"� °"n`.C�.64 Highway Authority Contact Person Frank K. Farmer Address 410 East Washington Street; Iowa City, Iowa 52240 Telephone No. 319-356-5143 9/83 67-3 awwo assw vjww CM7 AA'"_14 iLy COMANY DE...ILED LIST O OMPERTY Tv pE INVESTED ilru er Peaman ellsar �,`. Hi hland 2-3" track rai.J ;"erzeo e► 9 Avenum - Iowa City, Iowa CY�IRIT II.�r�K[e Osaaewman O/ mmus, Reil (112250) Plates (112250) Anchors (112250) Mud -Rail Welds Ties Fabric Bars.(112256/650) Xing signal pipe SPikes/Bolts/Washers Ballast Asphalt ILABORt Sectianr 10 men for 6 days Shops' 1 man for 2 days MRCBIWLRY/RENTALS Crane Tamper Rent Barricades/Compactor Pickups Large Trucks Pettibone Welder Air Compressor Ballast Car Flat Car Material 20% Overhuad Total Material Labor 50% Overhuad Total Labor Total Machinery Total Expenses Lase Scrap valo, TOTAL U$40/ton rtGop uIOYMI SS/ft 780 C$1.50/ea 156$1/each 208 C S1/ft 312SOO/each 160$18/each 936 CFt $.15/SqF 150 Cs $275/ea 1100 C400 C $6/ft. 300 Crg $125 125 C$5/ton 150 C$40/ton 26777 C1355 48132 4rs $12/hr 5760 C 16 hrs $14/hr 224 C 5984 C II 2992 C 8976 C I 4 hours 560/hr 2 days $100/day ,ot Charg $150 8 days S30/day 10 days $40/day 3 days $125/day 4 days $15/day 3 days $35/day 2 days $25/day 2 days $15/day 2401C 200 C 150 C 240 C 400 C j 375 C 60 C 105 C 50 C , 30 C 1850 C � 18,958 4 (400 C 18,558 I4 CO / ■ FIRST ST. SECOND ST. THIRD ST. I I i I it i ...-- --._. --------I Ll� HIGHLAND AVE. v i l.. ...___..•-. �-•--_,SUPPLIED BY CITY \ �.S 01 ROAD CLOSED yMY, B LOCAL TRAFFIC ONLY / 2Q ROAD CLOSED ` ( ROAD CLOSED AHEAD CONTRACTOR SHALL MAINTAIN PROPER P*Gl AT THE SITE, THE CONTRACTOR SHALL AND PLACEMENT OF ALL CONSTRUCTION PLACE AND MAINTAIN ALL LIGHTED SUPPLIED BY THE CITY. .'TYPE II" BARRICADES REQUIRED TO COMPLETELY CLOSE THE ROADWAY. RAILROAD CROSSING REPAIR HIGHLAND AVENUE NORTH ! NO SCALE ca SECOND JI c7 I I I ca SECOND JI c7 I 10 RESOLUTION NO. 84-78 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1984 THROUGH JUNE 30, 1985. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1984, through June 30, 1985; a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, 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 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 Zuber and seconded by Erdahl the Resolution e adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson x Erdahl X McDonald x Strait ix_ Zuber + Passed and approved this loth day of April , 1984. I i I i OR ATTEST: CITY CLERK RSKnivr-d y Approvc-4 Dp Tfr, :. �a1 De73dR7YsiIP I 1 CONTRACT BETWEEN rTTY nF Tnta rTTV i 1 u TABLE OF CONTENTS ARTICLE PAGE Preamble . . . . . . . . . . . . . . . . . . . . 1 Article I -- Recognition . . . . . . . . . . . . . 2 Article II -- Management Rights . . . . . . . . . . . . . . . . 2 Article III -- Check Off . 2 Article IV -- Union Business Agents. 3 Article V -- Union Meetings .. . . . . . . . . . . . . . . . . 3 Article VI -- Bulletin Boards . . . . . . . . . . . . . . . . . 3 Article VII -- Seniority . . . . . . 4 Article VIII -- Daily and Weekly Hours of Work . . . . . . . . 4 Article IX -- Overtime -Standby . . . . . . . . . . . . 6 Article X -- Holidays ... . . . . .. .. . . . . . . . . . . 7 Article XI -- Vacations. . . . . . . . . . . . . . . . 8 Article XII -- Sick Leave . . . . . . . . . . . . . . . . . . 8 Article XIII -- Special Leaves . . . . . . . . . . . . 9 Article XIV -- Lay -Offs .. . . . . . . . . . . . . .. . . 12 Article XV -- Training 12 Article XVI -- Personnel Transactions. 13 Article XVII -- Shift Transfers . . . . . . . . . . . . . . . . 13 Article XVIII -- Insurance . 13 Article XIX -- Equipment . . . . . . . . . . . . . . 14 Article XX --Weapons and Equipment . . . . . . . . . . . . . . 15 Article XXI -- Adequate Facilities . . . . . . . . . . . . . . 15 Article XXII -- Uniforms .15 Article XXIII -- Duty Outside e�City th 16 Article XXIV -- Supplemental Employment. . . . . . . . . . . . 16 Article XXV -- Position Classification . . . . . . . . . . . . 16 Article XXVI -- Grievance Procedure . . . . . . . . . . . . . . 17 Article XXVII -- Effective Period . . . . . . . . . . . . . . . 20 Article XXVIII -- Compensation . . . . . . . . . . . . . . . . 20 Article XXIX -- Public Emergency . . . . . . . . . . . . . . . 20 Article XXX -- General Conditions . . . . . . . . . . . . . . . 21 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimina- tion. That parties specifically agree to the following Articles: ,O 7S4 2 ARTICLE I RECOGNITION Section 1, The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall in- clude all Iowa City police officers and does not include the Police Chief, Captains,, Sergeants, and any other individuals who are or may become con- fidential, administrative, supervisory, or less than halftime employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through au- thorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially 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. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and author- ity include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in per- sonnel by which its operations are to be conducted and to de- velop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mis- sion. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employ- ees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 7�e 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the de- ductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargain- ing unit. An officer may voluntarily cancel or revoke authoriza- tion for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper au- thorization from an officer, the sum of Five Dollars (#5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION 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 during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be lo- cated in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorse- ment or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. 6 7�4 4 Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City po- lice officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b Discharge for just cause. c. Absence from work for a period of three (3) consecutive sched- uled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Re- ceipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disa- bilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of senior- ity will be determined by lot. Section 5. Except as otherwise specifically provided herein, senior- ity shall be the controlling factor to be considered in making determina- tions for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. /0 7 `f 5 b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the sched- ule in Section 1, subsection b. For example: (1) For an officer assigned to the lam to 3pm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly sched- uled working day. (2) For the 3 pm to 11 pm shift, days off commence at 11 pm on the last regularly scheduled working day and end at 3 pm on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) con- secutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) min- utes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervi- sor. Section 5. Notification. To the greatest extent possible, an officer shall be not ie wen y- our (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In 6,%f w implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as herein- after defined. All overtime work shall be the sub7'ect of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disap- proved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1-1/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a mini- mum of two (2) hours of overtime. Section 4. Overtime Equalization a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual offi- cer, his/her availability, and his/her desire to per- form the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifiofficer, and showingations and shallkeep s chrlist cutime rrent with eaccumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). C. The parties agree that the above overtime equalization pro- visions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (1/2) hour immediately following his/her normal work day, or b. One additional one-half (1/2) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. 6 7f Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty 40 ours in any one fiscal year and any ex- cess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compen- sated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: 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); Thanksgiving Day (fourth Thursday in November); the Friday after Thanks- giving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers 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 may direct that officers 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, the officer may select a particular day subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any con- tinuous shift officer who begins work after July 1 of any year will re- ceive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. & %�z 8 e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of addi- tional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a pe- riod of twenty-four (24) hours thereafter. The shift starting time con- trols holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay pe- riod according to the following schedule: Length of Service Days Earned Per Month 0-5 years 5-10 years 1 1/4 10-15 years 1 1/2 15-20 years 1 3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate un- used sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any offi- cer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (1/2) of the officer's then current hourly base salary. An officer 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. 0 Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable noti- fication by the supervisor of the need for a doctor's state- ment will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. I (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor r on duty on the shift immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the offi- cer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and 10 b. The medical advisor of the I.C.P.P.B. 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 shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.B. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the I.C. P. P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence wiiF_no Toss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her 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 from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termina- tion of any such leave of absence, the officer shall return to work in the same step or capacity 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 such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if ap- plicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Must pay group hospitalization premiums falling due during any month the officer is not on the payroll, if coverage is de- sired. c. Must pay premiums for coverage under the group life insurance plan, if coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. f. Shall not accrue seniority during leaves exceeding thirty (30) days. 67f 11 The Chief of Police may make exceptions to the above conditions (a. through f.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the ury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to e a sen rom work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be 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. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary ad- vancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapaci- tated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of ex- tension granted by the City, the officer will be considered to have volun- tarily resigned or retired. The officer will return to work as soon as she is medically able to do so. k7f 12 ARTICLE XIV LAY-OFFS Section I. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be re- quired to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police.- Section olice. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as deter- mined by the Chief of Police. Section 6. This Article shall not be applicable to training pro- grams attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. 6 Ire 13 ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the pur- pose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regu- lations and provide each officer with a copy thereof. Upon promulga- tion of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make ap- plication to the Chief of Police. The Chief of Police will not unreasona- bly withhold permission to transfer after considering the ability and experience_ of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. No officer who is sick or vacation leave by virtue agreed by the officer and the City. transferred shall lose any days off, of such transfer unless mutually Section 3. The employer agrees to provide to each affected offi- cer written reasons for and reasonable notice of involuntary shift trans- fers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health 4, %tV 14 - 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. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. In the policy currently provided coverage does not become effective until ninety (90) days after employ- ment: ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehi- cles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with ade- quate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall prop- erly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employyment of an officer is terminated. Nonexpen- dable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. !o %# 15 ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being de- termined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other fa- cilities separately for male and female officers. ARTICLE XXII UNIFORMS i Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regu- lation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of seventy dollars ($70.00) per officer. Receipts shall be submitted to j the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. b;7 16 Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervi- sor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the sup- plemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other posi- tions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classifica- tion in which he/she is temporarily serving, whichever is higher, pro- vided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. 17 ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agree- ment. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union gener- ally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stew- ards and four (4) alternate stewards for the purpose of repre- senting officers in the investigation and presentation of grievances. The Union shall be given written notice to the City Man- ager and Chief of Police the names and address of stew- ards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to inter- fere with assigned police work. Permission to process griev- ances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determinati- on of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any griev- ance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specif- ically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a re- sponse to a grievance is not received within the time limita- tion hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. 6;y g Steps of the grievance procedure may be waived by mutual con- sent of the parties. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discus- sion between the officer involved, the steward, and the appro- priate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day. period, the grievance shall be processed pursuant to Step 2. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved per- son, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated repre- sentative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory griev- ance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representa- tives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiv- ing the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommenda- tion within five (5) days after it is received. d. Step 4, A grievance not adjusted at Step 3 may be submitted y f e -grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writ- ing. 07X_ 19 Arbitration. A grievance not adjusted at Step 4 may be sub- mitte to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Cop- ies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbi- trator, a request shall be made to the Federal Media- tion and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting 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 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 rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applica- ble. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meet- ings shall be held in City facilities, if available. 67X 20 d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A rep- resentative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1984, and shall continue through June 30, 1985. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation adjustments applicable to any fiscal year will be the first day of the. pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three and one-fourth percent (3-1/4%) based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is included as "Attachment A" to this agreement.) 1 Section 3. 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 the last pay check in Novem- ber 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 Section 4. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive ve (5) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. 67f1 ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, offi- cials, and employees. Section 3. Both parties affirm that the provisions of this Agree- ment shall be applicable to all officers regardless of race, color, relig- ion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all previous agreementseb�en the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chan es. The City shall give the Union as much advance notice as possible of any major change of working conditions. CITY OF IOWA CITY POLICE LABOR RELATIONS A ORGANIZATION OF IOWA CITY ATTEST: Z42A1, ) 7L Z zL, L/ Date: April 10, 1984 POSITION 40-01 Police 01 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent health insurance coverage provisions take modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery that the following additions to the effect from April 1, 1984, until Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on anoutpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive roiiowing admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). C. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. YE OJA CITE dA BY BY IT MA� Date; �� f �7 Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY 7� ^City of Iowa Cit. MEMORANDUM Date: March 30, 1984 To: City Council From: Dale Helling, Assistant City Manage Re: Side Letter of Agreement with Police & Fire Units One issue of major importance during recent contract negotiations with the Police and Fire unions was the pursuit of cost containment alternatives for health care. The result was agreement by all parties to initiate certain incentives at the earliest possible time. Language spelling out those incentives was presented to Council as part of both negotiated settlements. These are the same incentives previously agreed upon by the City and the AFSCME unit. It is desirable to not specifically include these in the principle contract (with the exception of the paragraph expressing mutual agreement to actively pursue cost containment alternatives) Rather, because it may be desirable to modify, add to, or delete from these alternatives during the term of any contract, it was deemed preferable to have them written out in the form of a side letter which could be modified without formally amending each contract. It seems likely that such modification may be desirable from time to time. No such modification can be- accomplished except by mutual consent of the parties. In any such circumstance; Council would be apprised of any proposed .changes or modifications. Copies of the side letters of agreement are included in your packet along with each contract. Staff will be present at your informal meeting on April 9, 1984, to address any questions or concerns you may have. tp/sp nv�q RESOLUTION NO. 84-79 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1984 THROUGH JUNE 30, 1985. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1984, through June 30, 1985, 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; i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I 1. The above -referenced Agreement between the City and the Union is hereby I 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 Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Ambrisco _ X Baker x Dickson Erdahl McDonald X Strait R Zuber Passed and approved this loth day of April 1984• AL I ATTEST: IT�4^.,,,,J ��✓a:�.! CITY CLEKK Received & R.ppraved By TI,? L ga•. Depadrnant tp7� i i i CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1984 TO JUNE 30, 1985 i (� 75 TABLE OF CONTENTS ARTICLE Preamble . . . . . . . . . . . . . . . . . . . . . Article I -- Recognition . . . . . . . . . . . . . . . . . . . Article II -- Management Rights . . . . . . . . . . . . . . . Article III -- No Strike - No Lockout . . . . . . . . . . . . . Article IV -- Dues Check Off . . . . . . . . . . . . . . . . . Article V -- Hours of Work . . . . . . . . . . . . . . . . . . Article VI -- Overtime . . . . . . . . . . . . . . . . . . . . Article VII -- Special Leave . . . . . . . . . . . . . . . . . Article VIII -- Holidays . . . . . . . . . . . . . . . . . . . Article IX -- Sick Leave . . . . . . . . . . . . . . . . . . . Article X -- Vacations . . . . . . . . . Article XI -- Union Activities . . . . Article XII -- Uniforms and Equipment . . . . . . . . . . . . . Article XIII -- Insurance. • • • • • . Article XIV -- Duty Outside the City . . . . . . . . . . . . . Article XV -- Training Programs . . . . . . . . . . . . . . . . Article XVI -- Bulletin Boards . . . . . . . . . . . . . Article XVII -- Personnel Transactions . . . . . . . . Article XVIII -- Discipline. . . . . . . . . . . . . . . Article XIX -- Transfer Procedures . . . . . . . . . . . . Article XX -- Supplemental Employment. . . . . . . . . . . . Article XXI -- Safety. . . . . . . . . . . . . . . . Article XXII -- Grievance Procedure . . . . . . . . . . . . . . Article XXIII -- General Conditions . . . . . . . . . . . . . . Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . Article XXV -- Savings Clause . . . . . . . . . . . . . . . . Article XXVI -- Duration . . . . . . . . . . . . . . . . . . . Article XXVII -- Wages . . . . . . . . . . . . . . . Article XXVIII -- Other Compensation . . . . . . . . . . . . . PAGE 675 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieuten- ants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representa- tion of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, finan- cially or otherwise, any other group, individual, or labor organization, for the .purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connec- tion with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but 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, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the 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. g. To determine the amounts, methods, and procedures for compensat- ing 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. 6?5 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employ- ees in the bargaining unit, while acting in the course of their employ- ment, 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 every reasonable effort 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. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the 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. Cancel- lations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds col- lected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduc- tion upon an individual's default. �%S 4 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battal- ion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are re- quired. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, which- ever comes first. i d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the numberer of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classisfication. If an acting temporary appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name 67,5 from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24)' hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compen- satory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is cal ed in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2 hours. If the emergency call-in takes more than two and one-half (2 M) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. 67S Section 4. Calculation of Overtime Generally, overtime will be recorded on the basis of six 6 minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., If a unit is called unable to return to the station until received authorization to answer the overtime. In the event that the crew (1 hour 20 minutes) the time in excess nearest one-tenth (1/10) hour and the overtime. out at 6:30 A.M. for a fire and are 7:20 A.M., each crew member who has call will receive one (1) hour of is required to stay until 8:20 A.M. of one hour will be recorded to the employee would receive 1.3 hours of ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, b. The City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per inc dent as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without. A leave of absence without pay is apredetermine amoun o lime off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, 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 �7S 7 at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or . other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; c. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to a absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. 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 reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave A pregnant employee shall be entitled to a leave of absence 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 Fire Chief prior to 6 75 M- B 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 a doctor's statement 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 a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independ- ence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional T holiday. Fe— City Manager 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 supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday 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. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. 675 ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumu- late unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, fa- ther-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervi- sor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. 67S Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disabil- ity leave. r^ 10 - Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disabil- ity leave. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he s e as been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) mom ss ofi—continuous service, an employee is eligible for payment of not more that two hundred eighty-eight (288) hours of accumu- lated vacation leave at the current base rate of pay. 6%S ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according To EFe foM owing schedule: Length of Service i Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours 8 shifts/yr 192 10 years 1 day -15 years 18 hours �9 shifts/yr; 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 more than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over after July 1 of any year shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he s e as been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) mom ss ofi—continuous service, an employee is eligible for payment of not more that two hundred eighty-eight (288) hours of accumu- lated vacation leave at the current base rate of pay. 6%S 11 ' ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Conven- tion. The Union will designate in writing who willattend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief.- Section hief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off u y o a end the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts winter coat 3 work pants Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. ro 75 12 Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents or its equivalent. When the City changes insurance carriers, it shall meet and confer with the union regarding the benefits of the new insurance plan. The parties agree to actively pursue incentives and/or 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 emp oyees the face value of which i.s an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based 6 %s 13 on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transac- tions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain 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. Employees shall elect to pursue 4715- 14 appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Lots of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two condi- tions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary trans- fers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. 6 75 15 ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their j duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommenda- tions to the Fire Chief on steps to take to prevent a recur- rence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) —representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one repre- sentative will represent a grievant for any one grievance. The represen- tative may use a reasonable amount of duty time to investigate grievances 6 75 16 providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this con- tract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following comple- tion of Step 1, present three. (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator far City (or designated repre- sentative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a state- ment from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. if the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her represen- tative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may esu mitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. if the parties fail to select an arbitrator, a request by 6 7s 17 either or both parties shall be made to the Federal Mediation and Con- ciliation 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. A coin toss will determine who strikes the first 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 Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent _.with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the 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. The cost of arbitration and recording the same shall be divided equally between the parties to this contract. The cost of a certified court reporter, 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 its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $6.00 per month for members of the bargaining unit during the life of this 675 IV Contract. The City will assume no increase in responsibility in admini- stering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union repre- sentative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if avai a e a times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. if the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and condi- tions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the author- ized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. 675- 19 ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1984, and June 30, 1985, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any exten- sion thereof. ARTICLE XXVII IMAGES Section 1. The effective date of compensation adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. The base pay of each step for the Iowa City Fire Depart- ment Firefighters, Lieutenants, and Captains will be increased by three (3) percent at the beginning of Fiscal Year 1985 said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY85 is attached to this agreement as Exhibit A. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2%) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1984. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1984) and for August, 1984 -November, 1984 -February, 1985 -May, 1985. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Further- more,any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. 675 e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1, 1984, to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275,00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $525 will be made to ..each permanent full-time bargaining unit employee as of December 1, 1984. In the event that an employee terminates for any reason after December 1, 1984; he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1985, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA Date: April 10 1984 IOWA CITY ASSOCIATION OF PROFES- SIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: 62e- y't .14((aa /5) BY: taU c Date: y- j 3 4 673- ! 20 e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1, 1984, to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275,00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $525 will be made to ..each permanent full-time bargaining unit employee as of December 1, 1984. In the event that an employee terminates for any reason after December 1, 1984; he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1985, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA Date: April 10 1984 IOWA CITY ASSOCIATION OF PROFES- SIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: 62e- y't .14((aa /5) BY: taU c Date: y- j 3 4 673- ! ATTACHMENT "A" FIRE PAY PLAN FY85 MINIMUM POSITION TITLE 1 2 35-01 Hr 6.29 6.56 Fire Fighter* Biwk 704.48 734.72 Ann 18,316.48 19,102.72 36-01 Hr 7.79 8.12 Fire Lieutenant* Biwk 872.48 909.44 Ann 22,684.48 23,645.44 37-01 Hr 8.51 8.86 Fire Captain* Biwk 953.12 992.32 Ann 24,781.12 25,800.32 *56 hour work week MID -POINT MAXIMUM 3 4 5 6 6.85 7.13 7.45 7.79 767.20 798.56 834.40 872.48 19,947.20 20,762.56 21,694.40 22,684.48 8.51 953.12 24,781.12 9.26 1,037.12 26,965.12 V SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 MARCH 27, 1984 The parties agree that it is their intent health insurance coverage provisions take modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery that the following additions to the effect from April 1, 1984, until Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 251. of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. CI OF A CIT By :CITY MANAGER Date: IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 By. 6;1 g (e(� Date: N— 2 - 7S