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HomeMy WebLinkAbout1981-11-10 ResolutionF i" - RESOLUTION NO. 81-282 RESOLUTION ADOPTING SUPPLEMENT NUMBER TEN TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the ten .h supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number t _ by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That supplement number ten to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Vevera and seconded by Perret the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: x Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 10th day of November, 1981. ATTEST: �tiv C LER MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Received h Approvod By The Legal Depaliment SUPPLEMENT NO. 10 CODE OF ORDINANCES City of IOWA CITY, IOWA i Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 81-3034, enacted September 8, 1081. See Code Comparative Table, page 2957. Remove old pages Insert new pages [11 through [4] [11 through [41 187, 188 187, 188, 188.1 537 through 538.2 537 through 538.2 538.5, 538.6 538.5, 538.6, 538.6.1 1529, 1530 1529, 1530 1533, 1534 1533, 1534 1543, 1544 1543, 1544 1568.1 through 1572 1569 through 1572.2 1577, 1578 1577, 1578 2297, 2298 2297, 2298 2519,2520 2519, 2520, 2520.1 2553 through 2556 2553 through 2556.1 2569, 2570 2569, 2570, 2570.1 2957 2957 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida October, 1981 Note—Fpr checklist of up-to-date pages in Code, see page [l] following Table of Contents. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 4- R Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The lettere "OC indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. ^' In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 121-126 OC Iii OC 177-186 OC V, vi OC 187-188.1 10 vii 3 189-198 OC ix—xiv OC 199-201 6 xv, xvi 2 261-263 OC xvii—xviii.i b 303-312 OC xix, xx 2 363, 364 1 xxi, xxii 7 366-368 2 1-4 OC 36972 3 6-6.1 1 373-374.2 6 7-16 OC 376, 376 OC 17, 18 1 377-378.1 1 19, 20 OC 379-381 OC 71 1 431, 432 OC Supp. No. 10 [1] 101ir MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 4811-398 8 1351-1356 OC 517-524 7 1407-1416 OC 526--536 9 1467-1477 OC 537-536,2 10 1527, 1528 2 538.3, 538.4 9 1529, 1530 10 638.5-538.6.1 10 1631, 1632 3 538.7 9 1533, 1534 10 639-44 7 9 1534.1 1635, 1536 3 OC 546--546.1 547-654 7 1537-1640 6 555-� 8 1640.1 1 659-5B7 OC 1541, 1542 OC 617, 618 OC 1543, 1544 10 639-00 1 1545, 1546 OC 669-674.1 1 1547-1648.1 1 676--"6 OC 1549-1562 OC 737-744 1 1663, 1564 3 745, 746 3 1565, 1566 1 747-750 1 1567, 1568 8 811, 812 OC 1569-1572.2 10 813-818 8 1573-1576 OC 867, 868 OC 1577, 1578 10 919-920.1 6 1578.1 3 921-930 OC 1579-1590 OC 931-932.2 b 1591, 1592 1 933-980.16 1 1593-1597 2 981-986.1 3 1643, 1644 2 987-988.1 1 1645-1646.1 1 989, 990 OC 1647-1662 O1 991-994.1 3 1663 995-998 1 1713, 1714 999 OC 1714.1 1 1049 OC 1715-1724 OC 1149-1164 8 1725-1727 3 1156-1156.1 9 1775-1780 OC 1157-1193 8 1831-1840 OC 1229-1250 2 1841-1842.1 1 1297-1301 OC 1843-1853 OC Supp. No. 10 [21 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES c' .7 CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No. Supp. No. Page No. Supp• No. 1903-1916 1967-1970 7 2491-2492.1 1 2021 OC 2493, 2494 OC OC 2121-2128 2495-2498.1 OC 2499-2506 1 2129-2132 3 2607-2510.4 OC 2153-2138 2139-2140.1 OC 2511-25161 OC 2141-2147 9 2617, 2618 OC 2519-2520.1 1 2197-2208 2209-2210.1 OC 2621-2628 10 1 2211, 2212 1 2629-2630.01 OC 2530.1, 2530.2 2213-2217 2267-2270 3 2631-2538 1 1 OC 2271-2274.7 7 2639-2640.1 9 2541-2542.2 a 2276-2276.1 1 2643-2660 2 OC 2277-2280 2281-2282.13 OC 2661, 2662 g 2283-2290 7 2663-2556.1 OC 1 J 2291-2292.1 2667-2568.1 6 2669-2568 6 6 2293-2296 2297, 2298 OC 2669-2670.1 OC 10 2299, 2500 10 2571, 2572 6 6 23 2573, 2574 OC 235511 2362 OC 2575-2576.1 9 , 2369-2368 1 2577-2580 OC 2581-2582.1 OC 2369, 2364 2361-2364 9 2583, 2584 2 3 2566--2370 OC 2585-2588 1 6 2419-2420,1 2589, 2590 1 3 2421-2424 2591, 2592 OC 2593-2612 5 2426' 2426 1 2913, 2914 OC 8 2427, 2428 2429 OC 2935-2040 OC 2479-2982.1 1 2941-2960 3 OC 2983, 2984 2951, 2952 2 2 2486-2488.2 2963, 2954 3 5 2489, 2490 2966, 2956 7 2 2967 10 Supp. No. 10 [3] MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3'^ kin IOWA CITY CODE Page No. Supp. No. page No. 2971-2976 OC 3036.1 2977, 2978 2979, 2980 OC 3037, 3038 2981-2992.2 3 8 3039, 3040 2993, 2999 1 3041, 3042 3042.1, 3042.2 2996-2998 8 3043, 3044 2999, 3000 3001-3008.3 1 3046-9048 3009, 3010 8 30498060.2 3010.1, 3010.2 1 6 3061, 3062 3063-3064.1 3011 3012.1, 3012.2 6 30668062 3012.3, 8012.4 1 3 3063_4064.01 3064.1, 3064.2 3013-3020.2 8 3066, 8066 3021, 3022 3023, 3024 OC 3067-3068.1 3026, 3026 1 8 3069, 3070 3027, 3028 7 30713072.1 3029-3032.1 1 3078, 8074 3074.1 3033, 3034 30364036 OC 3076-4076.1 8 3077-4081 Supp, No. 10 [U MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Supp. No. 2 1 8 1 6 OC 2 4 OC 8 1 2 1 2 3 1 8 9 7 1 OC I 4- V;_ ^ ADMINISTRATION § 2.100 the city, such statement to include a list of all claims allowed and a summary of all receipts. (Code 1966, § 2.08.6; Ord. No. 2669) Secs. 2-80-2-86. Reserved. DIVISION 6. PERSONNEL PRACTICES Sec. 2.87. Establishment. Personnel procedures, rules and regulations for the em- ployees of the city shall be established by resolution of the city council at a regular or special meeting thereof. Such pro. cedures, rules and regulations may be amended by resolution of the council at a later meeting and the adoption of any procedures, rules and regulations shall not operate to estab- lish any contract between the city and any employee. The city may, also, by collective bargaining, adopt rules and regu- lations in regard to personnel practices. (Code 1966, § 2.40.1; Ord. No. 2661, § 2) Sec. 2.88. Notice. Copies of the procedures, rules and regulations referred to in section 2.87 shall be filed in the office of the city clerk, and the city library. The city manager is hereby authorized and directed to establish such procedures as are necessary to give notice to and familiarize the city employees and prospective employees of such procedures, rules and regulations. (Code 1966, § 2.40.2; Ord. No. 2661, § 8) Secs. 2-89-2.99. Reserved. ARTICLE IV. BOARDSAND COMMISSIONS DIVISION 1. GENERALLY Sec. 2.100. Membership, compensation and tenure. All members of boards and commissions shall serve with- out compensation, and shall be qualified voters of the city. Supp. No. 10 187 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Alf §'2-100 IOWA CITY CODE The appointing authority may remove any member for cause, except in the case of ex officio members, and as otherwise Provided for by state law or city ordinance. Three (3) consecutive unexplained/unexcused absences of a commission or board member from regular meetings m be cause for removal of said member. The chairperson of thaye board or commission shall inform the city council of any such occurrence. (Code 1966, § 2.26.1; Ord. No. 81-3034, § 2, 9-8-81) Sec. 2.101. Meetings. (a) Regular meetings, All meetings of all boards and com- missions of the city shall be held in public buildings of the city, in rooms or chambers designated by such commission by a vote of a majority of members of the board or commission. Regular meetings shall be held at regular times and places and consistent with the necessity for such meetings, shall be at regular days of the week, regular weeks of the month regular days of the montand h. The time and place of regular meetings of boards and commissions shall be filed in advance in the office of the city clerk, and shall be available for inspec- tion by any citizen and notice of such schedule shall be given to the communications media. (b) Special meetings. Each board or commission shall estab. lish its own rules and regulations governing the calling of special meetings and such rules and regulations shall be filed in the office of the city clerk, for inspection by any citizen. These rules and regulations shall provide for the giving of reasonable notice of any special meetings whenever possible. (c) Public meetings. Any person shall have the right to be Present at any meeting of any board or commission of the city, except when closed meetings are permitted by state law. How- ever, any public agency may make and enforce reasonable rules and regulations for the conduct of persons attending its meetings. (d) Dfinutes. Each board or commission shall keep minutes Of all its meetings, showing the time and place, the members Supp. No. 10 188 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES V_ ADMINISTRATION § 2.102 Present and the action taken at each meeting. The minutes shall be filed with the city clerk and shall be public records, open to public inspection. (Code 1966, § 2.26.2; Ord. No. 2649) Sec. 2-102. Service. Boards and commissions given responsibility for the con- trol and management of property, equipment facilities, and 188.1 j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 1101f \ \ 4- .I BUILDINGS AND BUILDING REGULATIONS 98-17 Section 1005, Light, ventilation and sanitation, is amended to read as follows: (a) Light, ventilation and sanitation. All portions of Group I occupancies shall be provided with natural light by means of exterior glazed openings with an area equal to one-tenth of the total floor area, and natural ventilation by means of exterior openings with an area not less than one -twentieth of the total floor area, or shall be provided with artificial light and a mechanically operated ventilat- ing system as specified in Section 605. For other requirements on water closets, see Section 1711. (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2,5-5-8l) Section 1008, Special hazards, is amended to read as follows: ^� Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Motion picture machine rooms shall conform to the requirements of Chapter 40. Storage of volatile flammable liquids shall not be allowed in Group I occupancies and the handling of such liquids shall not be permitted in any Group I occupancies in quantities more than one gallon unless such handling complies with U.B.C. Standard No. 9-1. All exterior openings in a boiler room or room containing central heating equipment if located below openings in another story, or. if less than ten (10) feet from other doors or windows of the same building, shall be protected by a fire assembly having a three -fourths -hour fire -protection rating. Such fire assemblies shall be fixed, automatic and self-closing. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than a one-hour fire -resistive occupancy separation. Supp. No. 10 - ` 537 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4" § 8.17 IOWA CITY CODE %— Exception: Boilers or central heating plants where the largest piece of fuel equipment does not exceed four hundred thousand (400,000) Btu's per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies in- stalled in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. (Ord. No. 80-3005, § 3, 8-26-80) Section 1204, Exit facilities, is amended to read as fol- lows: Stairs, exits and smokeproof enclosures shall be as specified in Chapter 33. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of five and seven - tenths (5.7) square feet. The minimum net clear openable area shall have no dimension less than twenty-two (22) inches or shall not have less than a twenty -inch horizontal or a twenty -four -inch vertical dimension. Where windows are provided as a means of egress or rescue, they shall have a finished sill height not more than forty-four (44) inches above the floor. (Ord. No. 80-3005, § 3, 8-26-80) Section 1205, Light, ventilation and sanitation, subsection (a) is amended to read as follows: (a) Light, ventilation and sanitation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior i glazed openings with an area not less than eight (8) per cant of the floor arca of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet Supp. No. 10 538 MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS•bES MOINES BUILDINGS AND BUILDING REGULATIONS § 8-17 compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twenty- fifth of the floor area of such room with a minimum of one and one-half (11/2) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twenty-fifth of the Floor area of such rooms with a minimum of four (4) square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determin- ing light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than eight (8) per cent of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exceptions: (1) Required windows may open onto a roofed porch, where the porch: a. Abuts a street, yard, or court; b. Has a ceiling height of not less than seven (7) feet; and Supp. No. 10 538.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ...7 S § 8-17 IOWA CITY CODE c. Has the longer side at least sixty-five (65) per cent open and unobstructed. (2) Kitchens need not be provided with natural light by means of exterior glazed opening provided that a mechanical ventilation system capable of providing two (2) air changes per hour and artificial lighting is provided. (Ord. No. 80-3005, § 3, 8-26-80; Ord. No. 81-3020, § 2, 5-5-81; Ord. No. 81-3028, § 2, 7-28-81) Section 1207, Room dimensions, subsections (a) and (b) are amended to read as follows: (a) Ceiling heights. Habitable space shall have a ceiling height of not less than seven (7) feet six (6) inches except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight (48) inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight (48) inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven (7) feet above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than six (6) feet, eight (8) inches. The main support beam shall be considered the same as a furred ceiling. (Ord. No. 81-3020, § 2, 5-5.81) Supp, No. 10 538.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES S --� BUILDINGS AND BUILDING REGULATIONS § 8-17 Exception: (1) A one-story wood or metal frame building not used for human occupancy and not over one thousand (1,000) square feet in floor area need not be provided with a footing extending below the frost line. (Ord. No. 80-3005, § 3, 8.26-80) Table No. 29-A, Foundations for stud -bearing walls— Minimum requirements, is amended to read as follows: Thickness of Foundation Wall Width Thickness Of (inches) Of o °f Footingf Stories Concrete Masonry (inches) Footing s) (inches) 18 8 16 i 2 3 8 8 16 8 8 8 18 8 Notes: Where unusual conditions or frost conditions are found, footings and foundations shall be as required in Section 2907(x). The ground under the floor may be excavated to the elevation of the top of the footing. (Ord. No. 81-3020, § 2, 5.5-81) Section 3205, Attics: access, draft stops and ventilation, subsection (a) is amended to read as follows: (a) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed to be readily accessible. The opening shall be not less than twenty-two (22) inches by thirty (30)inches. Supp, No. 10 538.5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES A F I $ 817 IOWA CITY CODE Thirty -inch minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access openings. (Ord. No. 80-3005, § 3, 8-26-80) Section 3305, Stairways, subsection (b) is amended to read as follows: (b) Width. Stairways serving an occupant load of more than fifty (50) shall be not less than forty-four (44) inches clear tread width. Stairways serving an occupant load of fifty (50) or leas may have a clear tread width of thirty-six (36) inches. Stairways serving an occupant load of less than ten (10) may have a clear tread width of thirty (30) inches. Handrails may project into the required width a distance of three and one-half (3'/x) inches from each side of a stairway. (Ord. No. 81-3028, § 2, 7-28.81) Section 3305, Stairways, subsection 0) is amended to read �. as follows: 0) Handrails. Stairways shell have handrails on each side, and every stairway required to be more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eighty-eight (88) inches of required width. Intermediate handrails shall be spaced approximately equal within the entire width of the stairway. Exceptions: (1) Stairways forty-four (44)inches or less in width and stairways serving one individual dwelling unit in Group R, Division 1 or 3 occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides. (2) Private stairways thirty (30) inches or less in height may have handrails on one side only. Supp. No. 10 538.6 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES L. If .F I BUILDINGS AND BUILDING REGULATIONS $ 8.17 (3) Stairways having less than four (4) risers need not have handrails. Handrails shall be placed not less than thirty (30) inches nor more than thirty-four (34) inches above the nosing of the treads. They shall be continuous the full length of the stairs and, except for private stairways and Group R. Division 3 occupancies, at least one handrail shall extend not less than six (6) inches beyond the top and bottom risers. All handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails projecting from a wall shall have a space of not less than one and one-half (11/2 ) inches between the wall and the handrail. The handgrip portion of handrails Supp. No. 10 538,6.1 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES A MOTOR VEHICLES AND TRAFFIC § 23.1 Commercial district. The territory within the city as de- fined in the zoning ordinance of the city. Commercial vehicles. Means every single vehicle designated, maintained or used primarily for the transportation of prop- erty. Every such vehicle shall display either a sign or other insignia which is attached permanently to the exterior of the vehicle indicating that it is commercial in use. Council. The city council of the city. Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or, any portion of a roadway dis- tinctly indicated for pedestrian crossing by lines or other markings on the surface. Farm tractors. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry. r \ Frontage. The linear measure of the plot of ground upon which the building is located abutting upon the highway shall be deemed frontage occupied by the building," and the phrase "frontage on such highway for a distance of three hundred (300) feet or more" shall mean the total frontage on both sides of the highway for such distance. House trailer, mobile home. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or tempo- rarily, and is equipped for use as a conveyance on streets and highways. Intersection. The area embraced within the prolongation or connection of curblines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, rigHt angles, or the area within which vehicles traveling upon different highways join- ing at any other angle may come in conflict. Jaywalking. A pedestrian crossing a highway at any point other than a marked crosswalk or unmarked crosswalk at an intersection. Supp. No. 10 1529 All MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Id01NES 1 23-1 IOWA CITY CODE Junk and obsolete motor vehicles. A motor vehicle or por- tion thereof not in running condition or not licensed for the current year as provided by law and not legally placed in storage with the treasurer of the county. Loading zone. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Median strip. That portion of the street right-of-way de- signed and improved for pedestrian or park use, located within the street right-of-way and which has improved lanes for traffic on either side and which is not a part of the road- way improved or setaside for vehicular traffic, whether or not the same may be improved through the construction of curb- ing. Motor truck. Every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over seven (7) persons as passengers. Motor vehicle. Every vehicle which is self-propelled but not including vehicles known as trackless trolleys which are pro- pelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "car" or "automobile" shall be synonymous with the term "motor vehicle." Motorcycle. Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three ) wheels in contact with t motor scooter and a bicycle with motor attached but excluding a tractor. Motorized bicycle, motor bicycle, and moped. Means a two.wheeled motor vehicle with an engine having a displace- ment no greater than fifty (60) cubic centimeters as fixed by the State of Iowa Department of Transportation and not Supp. No. 10 1630 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4' Vi_ 1� MOTOR VEHICLES AND TRAFFIC § 28.1 protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. School district. The territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a schoolhouse in a city. Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. A "semitrailer" shall be considered in this chapter separately from its power unit. Sidewalk. That portion of a street between the curblines or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Special mobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, in- cluding road construction or maintenance machinery and ditch -digging apparatus. The foregoing enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this subsection; provided, that, nothing contained in this section shall be con- strued to include portable mills or cornshellers mounted upon a motor vehicle or semitrailer. Stop. Complete cessation of movement. Stop, stopping, or standing. Any stopping or standing of a vehicle whether occupied or not. Street or highway. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. Suburban district. Means all other parts of a city not in- cluded in the commercial, school or residential districts. Traffic control signal. Any device, whether manually, elec- trically or mechanically operated, by which traffic is alter- nately directed to stop and to proceed. Supp. No. 10 1683 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES It n i i t ; s g 23-1 IOWA CITY CODE Traffic signals, official. All signals, not inconsistent with this section, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning, or regulating traffic. Traffic signs, official. All signs, markings and devices other than signals, not inconsistent with this section, placed or erected by authority of a public body or official having juris- diction, for the purpose of guiding, directing, warning or regu- lating traffic. Trailer. Wherever the word "trailer" is used in this chapter, the same shall be construed to also include "semitrailer." Truck tractors. Means every motor vehicle designed and used primarily for drawing other vehicles and not so con- structed as to carry a load other than a part of the weight of the vehicle and load so drawn. Such term shall include the term "road tractor" which is a vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Vehicle. Every device in, upon or by which any person or ^ property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. (Corle 1966, §§ 6.01.01-6.01.04, 6.01.06-6.01.47; Ord. No. 77-2836, § II, 6-10-77; Ord. No. 78.2888, § 1, 4-4-78; Ord. No. 78-2908, § 2, 6-27-78; Ord. No. 79-2963, § 2(a), 7-31-79; Ord. No. 81-3026, § 2, 6-30-81) Cross reference—Rules of construction and definitions generally, g 1.2. State law reference—Similar provisions, I.C.A. g 321.1. See. 23-2. Use of coasters, roller skates and similar devices restricted. No person upon roller skates, or riding in or by means of any waster, toy vehicle, or similar device, shall go upon any road- way except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside Supp. No. 10 1634 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES _1 1�. MOTOR VEHICLES AND TRAFFIC § 28-86 turning right at such intersection shall yield the right- of-way to a pedestrian lawfully entering such intersec- tion. (d) Red with green arrow. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk. No pedestrian facing such signal shall enter the roadway unless he/she can do so safely and without interfering with any vehicular traf- fic. (e) Flashing signals, Whenever flashing red or yellow signals are used they shall require obedience by ve- hicular traffic as follows: (1) Flashing red (Stop signal)- When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be sub- ject to the rules applicable after making a atop at a stop sign. (2) Flashing yellow (Caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the inter- section or past such. signals only with caution. (Code 1966, § 6.04.22; Ord. No. 77-2835, § Il, 5-10-77) Crow references --Electrical regulations, Ch. 11; parking regulations, Ch. 23, Art. VIII; streets, sidewalks and public places, Ch, 81; utilities, Ch. 88. State law reference—Similar provisions, LCA. § 821.257. Sec. 23-35. Unauthorized signs, signals or markings. No person shall place, maintain, or display upon or in view of any highway, street, or alley any unauthorized sign, signal, marking, or device which purports to be or is an Imitation of or resembles an official parking sign, curb or other marking, Supp. No. IO 1643 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4- S § 23.35 IOWA CITY CODE traffic control device or railroad sign or signal, or which at- tempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain upon any highway or street or alley any traffic sign or signal bearing thereon any commercial advertising. This .Ball not be deemed to prohibit the erection upon private property adjacent to highways any signs giving useful directional information of a type that cannot be mis- taken for official signs and subject to the zoning laws as provided in the ordinances of the city. (Code 1966, § 6.05.08; Ord. No. 77-2836, § II, 5-10-77) State law referenee—Similar provisions, I.C.A. § 321.259. Sec. 23.36. Interference with devices, signs or signals. No person without lawful authority shall attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any in- scription shield, or insignia thereon or any other part thereof. (Code 1966, § 6.05.09; Ord. No. 77-2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.260. Secs. 23.37-23.47. Reserved. ARTICLE III. ACCIDENTS Sec. 23.48. Written report of accident. The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total damage to all property to the extent specified in the state law shall within ten (10) days after such accident forward to the police department a copy of any report filed with the state department of transportation. (Code 1966, § 6.03.07; Ord. No. 77-2835, § II, 5-10-77) State law reference—Simllar provisions, I.C.A. § 321.266. Sea 23-49. When driver unable to report. Whenever the driver is physically incapable of making a written report of an accident as required in section 23-48 and Supp. No. 10 1544 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MOTOR VEHICLES AND TRAFFIC § 23.189 Maximum Name of street speed limit (mph) Where limit applies First Avenue 36 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. Gilbert Street 30 From the intersection of Burlington to the in- tersection of Highway 6. Gilbert Street 26 From the intersection with Highway 6 to a point two thousand one hundred (2,100) feet south of said intersec- tion. Gilbert Street 36 From a point two thou- sand one hundred (2,- 100) feet south of the intersection with High- way 6 to a point three thousand nine hundred (3,900) feet south from said intersection. Iowa Highway 1 66 From the city limits east to a point eight hundred (800) feet west of the intersection of Miller Avenue. Iowa Highway 1 46 From a point eight hun- dred (800) feet west of the intersection of Miller Avenue to a point five hundred (600) feet east of Hudson Avenue. Supp. No. 10 1669 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES AW .� e Ir - M1 , J�tH i J l c a 3 �r� l „�y t aKrMrw:ti+ xry IYsti3tin q r: B § 23.189 IOWA CITY CODE bfazimum Name of street speed limit (mph) Iowa Highway 1 30 Where limit applies From a Point hun- dred (600) feet east of Hudson Avenue to the intersection o and Highway Highway I. Iowa Highway 1 45 From the intersection of N. Dubuque Road to a point six hundred (600) feet south of the city limits. Iowa Highway 1 66 From a point six hun- dred (600) feet south of the city limits to the city limits. Melrose Avenue 35 From the intersection of Emerald Street to a point four thousand five hundred (4,500) east of the city limits. Melrose Avenue 50 From a point four thou - sand five hundred (4,- 4;500) feet east of the nits 500) limits to the city Morman Trek 35 From the intersection of Melrose Avenue to the city limits. Muscatine Avenue S6 From a point one hun- dred (100) feet east of the intersection with Juniper Drive to the city limits. Park Road 25 From the intersection with Rocky Shore Drive Supp. No. 10 1570 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4- 7 J -- MOTOR VEHICLES AND TRAFFIC § 23.189 Maximum Name of street speed limit (mph) Where limit applies east to the intersection with North Dubuque Street. Rochester Avenue 35 From the intersection with First Avenue east to the city limits. U.S. Highway 6 55 From the city limits to a point one hundred (100) feet east of Indus- trial Park Road. U.S. Highway 6 45 From a point one hun- dred (100) feet east of Industrial Park Road to a point seven hundred (700) feet east of the intersections of U.S. Highway 6, U.S. High- way 218 and Iowa High- way 1. U.S. Highway 6 30 From a point seven hundred (700) feet east of the intersection of U.S. Highways 6, 218 and Iowa Highway 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the inter- section with Riverside Drive. U.S. Highway 6 35 From a point one thou- sand one hundred fifty (1,150) feet west of the intersection with River- side Drive, west to the Supp. No. 10 city limits. 1571 /6/r _i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3 523-189 IOWA CITY CODE Maximum Name of Street speed limit (mph) Where limit applies U.S. Highway 218 50 From the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits. U.S. Highway 218 45 From a point one thou- sand six hundred (1,- 600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 From a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. (Code 1966, § 6.07.02; Ord. No. 77-2835, § II, 5-10.77; Ord. No. 78.2929, § 2, 10-24-78; Ord. No. 81-303, § 2, 7-28-81) Sea 23.190. Control of vehicle. The person operating a motor vehicle or motorcycle shall have the same under control and shall reduce the speed to a reasonable and proper rate: (1) When approaching and passing a person walking in the traveled portion of the public highway. (2) When approaching and passing an animal which is being led, ridden, or driven upon a public highway. i, Supp. No. 10 1572 1 MICROFILMED BY 'JORM MICRO_ LAB i CEDAR RAPIDS•DES MOINES MOTOR VEHICLES AND TRAFFIC § 23-200 (3) When approaching and traversing a crossing or inter- section of public highways, or a bridge, or a sharp turn, or a curve, or a steep descent, in a public highway. (4) When approaching and passing a fusee, flares, red re- . flector electric lanterns, red reflectors or red flags dis- played in accordance with the Code of Iowa. (Code 1966, § 6.04.31; Ord. No. 77.2835, § II, 5-10-77) State lav reference—Similar provisions, I.C.A. § 321.448. Secs. 23.191-23.197. Reserved. DIVISION 6. TURNING MOVEMENTS Sec. 23-198. Authority to place devices altering normal course for turns. The city traffic engineer is authorized to place official traffic -control devices within or adjacent to intersections indi- cating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. (Code 1966, § 6.06.01; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-199. Authority to place restricted signs The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are per- mitted. (Code 1966, § 6.06.02; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-200. Turning at intersections. (a) Right turns. The operator of a vehicle intending to turn to the right at an intersection or turn into an alley or driveway shall approach the point of turning in the lane of traffic nearest the right-hand edge or curb of the street, and Supp. No. 10 1572.1 4/1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 923-200 IOWA CITY CODE in turning, shall keep as closely as practicable to the right- hand curb or edge of the street. (b) Left tunas. The driver of a vehicle intending to turn left at any intersection or into a driveway shall approach the point of turning in the extreme left-hand lane lawfully avail- able to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being en- tered. Whenever practicable the left tarn shall be made in that portion of the intersection to the right of the center of the intersection. The approach for a left turn from a two (2) way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line there- of and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into two (2) way street shall be made by passing to the right of the center line of the street being entered upon leaving the Supp. No. 10 1572.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4' I 7- Y'.. —� MOTOR VEHICLES AND TRAFFIC § 28.296 (4) Within fifteen (15) feet from the intersection of curb lines, or if none, then within fifteen (15) feet of the 'intersection of property lines at the intersection except at alleys. (5) Within ten (10) feet upon the approach of any flashing beacon, stop sign or traffic control signal located at the side of the roadway. (6) Within five (5) feet of a f ire hydrant. (7) In front of a public or private driveway. (8) On a sidewalk. (9) Alongside or opposite any street excavation or obstruc- tion when standing, stopping or parking would ob- struct traffic. (10) On a bridge except when authorized. (11) No commercial vehicles used for pickup or delivery of merchandise or goods or passengers shall be stopped or parked in a lane of traffic when a parking space, loading zone or any other space is available at the curb or in an alley within one hundred fifty (150) feet of any building where pickup or delivery is to be made. (12) Within fifty (60) feet of the nearest rail of a railroad crossing. (13) Within one block of any fire. (14) At any place where official signs prohibit stopping and parking. (15) Within twenty (20) feet of the driveway entrance to any fire station. (16) Upon the median strip within the corporate limits of the city. (17) During a snow emergency, upon a street on which parking is prohibited by a snow emergency declaration [pursuant to section 28-297 hereof]. (18) On the parking [as defined in section 23-11. Supp, No, 10 1577 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES 44 /O 4' n § 23.235 IOWA CITY CODE (19) On a driveway between the curb lines or lateral lines of the roadway and the adjacent concrete sidewalk or, if there is no sidewalk, within six (6) feet of the lateral line of the roadway. (Code 1966, § 6.14.10; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 79-2941, § VIII, 1-30-79; Ord. No. 79-2952, § IC, 4-24-79; Q. No. 79-2963, § 2(b), 7-31-79; Ord. No. 81-3027, § 2, 6-30-81) Cross reference—Parking in City Plaza, § 9.1.5. State law reference—Similar provisions, I.C.A. § 821.85B. Sec. 23.236. Parking not to obstruct traffic. (a) All non-commercial districts. No vehicle shall, in any non-commercial district, stand, stop, or park upon any travel lane of a roadway in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. (b) Commercial districts. In commercial districts, standing, stopping, or parking in any travel lane of a roadway by non- commercial vehicles is prohibited. On two (2) way streets in commercial districts commercial vehicles may stop, stand, or park in a travel lane while engaging in the loading or unload. ing of property provided that ten (10) feet of width of road- way exists to the right of the center line for the free move- ment of vehicular traffic. On one-way streets in commercial districts, commercial vehicles may stop, stand, or park in a travel lane while engaging in the loading or unloading of property provided that ten (10) feet of width of the roadway Is open for the free movement of vehicular traffic. (c) Time limit. Vehicles stopped, standing, or parked in the travel lane of a roadway shall do so in accordance with the ll in instance be parked thanbove f fteeno(15)ns and minutes.aolonger (Code 1966, § 6.1401; Ord. 77-2835, § II, 5.10-77) Sec, 23.237. Blocking of alley prohibited. No person shall stop, stand, or park, attended or unattended, any motor vehicle so as toiloock0a/n7)alley. (Code 1966, § 6.14.02; Ord. No. 77-2835, § l Supp. No. 10 1578 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES l— L". UTILITIES § 33.163 will be made to cover the cost of making such test. If the meter is found to measure more than two (2) per cent fast, no charge shall be made for making the test; and there shall be a pro- portional deduction made from the last water bill preceding the test. A water meter shall be considered to register satis- factorily when it registers within two (2) per cent accuracy. (Ord. No. 75-2773, § XII, 7-22-75) Secs. 33-156-33-162. Reserved. DIVISION 4. RATES AND CHARGES Sec. 33-163. Rates. (a) Water will be furnished at the following rates, for the first two hundred (200) cubic feet, or less: %-inch meter ................................ $ 2.60 3/4 -inch meter ................................ 3.00 1 -inch meter .................................. 3.50 11/2 -inch meter ................................ 7.00 2 -inch meter .................................. 9.40 3 -inch meter .................................. 17.40 4 -inch meter .................................. 30.35 6 -inch meter .................................. 61.10 (b) The minimum for larger meters will be based on comparative costs to a six-inch meter. The minimum for a customer who furnishes the meter at his own cost will be based on the minimum for a five -eighths -inch meter regardless of the size. (c) The following rates shall be charged on all water used in excess of two hundred (200) cubic feet per month: Next 2,800 cubic feet, per 100 cubic feet ......... $ 0.60 Next 17,000 cubic feet, per 100 cubic feet ........ 0.36 All over 20,000 cubic feet, per 100 cubic feet ..... 0.32 (d) This rate shall apply only to properties located within the corporate limits of the city. Supp. No. 10 2297 t f MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i I § 33-163 IOWA CITY CODE (e) Where another municipal corporation has entered into a contract with the city, the rates provided for in such con- tract shall prevail. (f) For all areas outside the city corporate limits of the city for which there is no prevailing contract, the rates shall be established as fifty (50) per cent above those provided herein. (Ord. No. 75-2773, § II, 7-22-75; Ord. No. 81-3032, § 2,8-25-81) Editor's note—The rates as set by Ord. No. 81.3032 take effect with billings made after Nov. 1, 1981. Cron reference—Sewer rates, § 33.45. Sec. 33.164. Temporary use during construction. (a) When temporary water service is requested for a struc. ture under construction, the owner or contractor shall pay the following fees per month: (1) Single and two (2) family residences, five dollars ($5.00). (2) Multi -family residences, ten dollars ($10.00). 1 (3) Commercial structures, twenty dollars ($20.00). (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the depart- ment of public works may discontinue service to any owner or contractor who has failed to pay for water supplied or used contrary to the provisions of this section. (Ord. No. 75-2773, § III, 7-22-75) Sec. 33-165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of public works for that purpose. 'Vater purchased in tanks Supp. No. 10 2298 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES F APPENDIX A—ZONING § 8.10.20 (2) Where combinations of Preliminary Plats, Planned Area Developments, and/or Large Scale Residential Development are filed as one plat, the fee is __—_.$150 -1- $1 per lot and/ or dwelling unit. (Ord. No. 74-2714, § II (A), 4-16-74) B. Preliminary approval. Procedure for preliminary ap- proval of any planned area development plan shall be in ac- cordance with preliminary approval of subdivision and large scale residential developments. C. Final plait. The final plan shall meet all of the require- ments of the preliminary plan and meet the specifications of the subdivision and large scale residential development regu- lations where applicable. D. Final plan of sub -area. After preliminary approval of the entire planned area development is given, a final plan of a segment or sub -area within the planned area development may be given if: 1. The plan of the sub -area meets all requirements of a final plan. 2. The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (Ord. No. 81-3023, § 2A, 6-2-81) 3. It is conclusively shown that the sub -area can func- tion as an independent development unit with adequate access, services, utilities, open space, etc. 4. The developer dedicates all public rights-of-way neces- sary to support the sub -area. b. The following fees will be charged: (1) Final Plan -Planned Area or Sub -area De- velopment (2) Where combinations of a Final Plat, Planned Area or Sub -area Development and/or Large Scale Residential Development are filed as one plat, the fee is (Ord. No. 74-2714, § II (B), 4-16-74) Supp. No. 10 2619 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4' _1, -T .� § 81020 IOWA CITY CODE E. General requirements. 1. Land uses. Combinations of land uses including single family, multiple family and commercial uses are per- mitted and variations in building setbacks and lot area requirements planned areaas called for in eZoning developm Ordinancemay be approved for 2, [Dwelling unit density.] The overall dwelling unit density (total land minus street right-of-way) with the planned area development may be computed on the t permitted for the least restrictive use, dependingis of aupon the character of the develop - onn�whichunder gtclassificaori(s). (Ord. No.81-3023, § 213, 6-2-81) 3. Open space. Planned area developments shall take into consideration the need to provide open space for recre at onal purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must sub- mit a proposed legally binding instrument setting forth the procedures to be followed in maintaining said areas and the means for financing mainte- nance costs. b. All proposed dedications of land for public uses in- cluding that to be dedicated for recreational appropriate oaeuses shall be approved in writing by pp pr royal de- partments of the City government prior to app of the plan by the Commission. All land dedica- tions for public use shall conform to the require- ments of City Ordinances. 4. Ownership. At the tiro: of final approval of a planned area development by the Commission, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding exe- cuted option agreements for purchasing all of said property. Supp. No. 10 2620 j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4" �—� APPENDIX A—ZONING g 8.10.20 5. Dedication of public right -of -wag. All proposed dedi- cations of land for public uses including that to be Supp. No. 10 2520.1 i MICROFILMED By JORM MICROLAB f CEDAR RAPIDS -DES MOINES APPENDIX A—ZONING § 8.10.35.1 action or motion, flashing and/or changes. The herein de• fined shall not include wind actuated elements. G. Directional sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic. H. Directory sign. A sign containing the name of a build- ing complex, or center and two or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. I. Exposed light source. The use of exposed lamps or inert gas tubes or any combination thereof, provided that the ex- posed lamp does not exceed eleven watts or the inert gas tube does not draw more than sixty (60) milliamps. Where inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed twenty-five (26) watts. J. External lighting. Illumination by artificial light re- flecting from the sign face, the light source must not be visible from any street right-of-way. j K. Facia sign. A single -faced sign which is within the perimeter and parallel to or at an angle of not more than forty-five (46) degrees from the wall of the building on which it is mounted. Such signs do not extend more than one foot out from vertical walls or more than one foot out at the sign's closest point from nonvertical walls. (Ord. No. 81-303; § 2A, 8-11-81) L. Free standingsign. A gn. permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. L.I. Front wall. The wall of a building upon which a sign is mounted which defines the exterior boundaries of the aide of the building on which the sign is mounted and which has a slope of forty-five (45) degrees or greater with the horizontal plane. Where a building contains two (2) or more uses, the front wall of a building as used herein shall also mean the portion of the wall of the building that constitutes the exterior wall of each use. (Ord. No. 79.2960, § 2A, 7-3-79; Ord. No. 81-3031, § 213, 8-11-81) Supp. No. 10 2663 i /6/f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i 1 8.10.35.1 IOWA C17Y CODE M. Identification sign. An on -premises sign that dis 1a more than the name, numerical address, crest, insignia or trademark i ya no occupation or profession of an occupant or the premises or name of any building on the premises. N. Illuminated sign. Any sign in which a source of light is used in order to make readable the message shall be defined as an illuminated sign. 0. Institutional bulletin board. An on-premisea sign contain- rng a surface upon which is dis institution, a school, librarythe name of a religious , coplayed community center or similar in. titutioion and the announcement of its service or activities. R Internal lighting. Illumination by an artificial light source which is not visible but which reaches the eye through a diffusing medium. Q. Marquee sign. A sign attached to and contained within the perimeter of the face or valence of a marquee or an Jar projection from a building. *(Ord. No. 7g_2738 10-29-79) Y simi- § R. bfonument sign. A sign affixed to a structure, built on part of one another. a grade, in which the sign and the structure are an integral S. Nor: -conforming, signs. A sign which would be allowed in the proper zone but which is prohibited in the specific zone in which it exists. The elimination of said signs are for in this Ordinance. prescribed T. OJj_premisea sign. A sign that is not an on - premises premises U. On -premises sign. A sign the primary purpose of which is to identify or direct attention to a profession, business, service, activity, product, campaign or attraction factured, sold or offered upon the premises where such sign is located. manu- V. Prohibited sign, A sign prohibited in Iowa City, Iowa, by this Ordinance. Such a sign is prohibited in all zoni gardless of type of sign or its size . The removal of said signs esrre- are prescribed for in this Ordinance. 9aPP• No. 10 2559 MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES B 1_1� APPENDIX A—ZONING § 8.10.35.2 W. Projecting sign. A building or wall sign other than a facia sign, supported only by the wall on which it is mounted. X. Reflectorized lighting. The intensification of illumina- tion by reflectorized lamps or by external reflectors. Y. Revolving sign. A sign which revolves 360°. Z. Roof sign. A sign erected upon or above a roof or parapet of a building and affixed to that roof or parapet. AA. Sign. A sign shall mean any structure visible from the public right-of-way, including but not limited to a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the re- sult of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representations, emblems, trade- marks, inscriptions, and patterns, whether affixed to a build- ing, painted or otherwise depicted on a building, or separate from any building. BB. Sign area. The sign area shall be that area determined by using actual dimensions where applicable, or approximate dimensions when irregularity of sign shape warrants. Such area shall include the extreme points or edges of the sign, ex- cluding the supporting structure which does not form part of the sign proper or of the display. The area of the sign composed of characters or words attached directly to a building or wall surface shall be the smallest trapezoid or hexagon which en- closes the whole group. (Ord. No. 80-2986, § 2A, 2-19-80) CC. Under -canopy sign. A sign attached to the underside of a canopy, marquee, building projection or any similar pro- jection from a building protruding over public or private sidewalk or right-of-way. (Ord. No. 73-2683, § II, 8-25-73; Ord. No. 74-2744, § II, 11-12-74) 8.10.35.2 Signs permitted in all zones. Signs hereinafter designated shall be permitted in all zoning districts. Supp. No. 10 2665 /6/f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 8.10.96.2 IOWA CITY CODE A. Real estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One such nonilluminated sign not to exceed six (6) square feet, shall be permitted on each premise. Such signs shall not extend higher than four (4) feet above grade level or closer than five (6) feet to any prop- erty line unless located on the wall of a building. Such signs shall be removed within forty-eight (48) hours after the execution of an offer to buy or a contract of sale. B. Construction signs. Signs identifying the architects, en- gineers, contractors and other individuals involved in the con- struction of a building and signs announcing the character of the building enterprise or the purpose for which the building is intended but not including product advertising. In Residen- tial or R Zones, one such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade level or closer than five (6) feet to any property line unless located on the wall of a building. Such sign shall be removed within forty-eight (48) hours after the completion of con- struction or the execution of an acceptance of an offer to buy or a contract of sale. In all other zones, one such non - illuminated sign, not to exceed fifty (50) square feet, shall be permitted per street frontage. Such sign shall not extend higher than ten (10) feet above grade level or be closer than ten (10) feet to any property line unless located on the wall of a building on the premises or on a protective barricade surrounding the construction. Such signs shall be removed within one week following completion of construction or the execution of an acceptance of an offer to buy or a contract of sale. C. Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or signs containing other election information, such as "Vote Today" signs. Political signs are permitted in all zones subject to the following requirements: 1. In residential zones, one nonilluminated political sign not to exceed six (6) square feet in area for each Supp. No. 10 2666 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES V - APPENDIX A—ZONING § 8.10,862 candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than thirty (30) days prior to the date balloting takes place for the candidate or issue indicated on the sign, and any such sign shall be removed no later than two (2) days after said balloting date. 2. In other zones, political signs shall conform to the applicable regulations for other permitted advertising signs. Such signs shall not be erected earlier than forty- five (45) days prior to the date balloting takes place for the candidate or issue indicated on the sign, and any such sign shall be removed no later than seven (7) days after said balloting date. Political signs in the _ Supp. No. 10 2556.1 MICROFILMED BY ' JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES AW I i i1 APPENDIX A—ZONING § 8.10.35.9 2. No sign shall be erected within fifty (50) feet of resi- dential districts which abut C2 districts. In all instances as described above, all permitted signage shall be bound by all regulations and requirements of signage use in Cl districts. 3. In the event that five (5) or more business units are located in close contiguity with each other and pro- vided that owners of said business units reach unani- mous agreement, a common major sign in lieu of indi- vidual signs as listed below in Section B (Permitted Signs) may be permitted. Said sign shall not exceed 175 square feet. B. Permitted signs. 1. No more than one (1) of the following signs (a and b) shall be permitted. a. One (1) on -premises identification and/or adver- tising monument sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed fifty (50) square feet per sign face shall be permitted. Said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than a forty-five degree (45°) angle with each other and may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. b. One (1) on -premises identification and/or adver- tising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occu- pant and not to exceed one hundred twenty-five (125) feet per sign face shall be permitted. Said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than j a forty-five degree (45) angle with each other and may be non -illuminated or illuminated by an internal, external or exposed non -flashing light source. Supp, No. 10 2569 MICROFILMED BY 'JORM MICROLAB CEDAR RAPI DS•DES I401NES 11\ § 8.10.35.9 IOWA CITY CODE 2. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed ten percent (10%) of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage permitted shall be determined by using ten percent (10%) of the area of the face (or front wall) of the building that is occupied by the busi- ness. Said sign may be non -illuminated or illuminated by an internal, external or exposed non -flashing light source. 3. A facia sign not to exceed sixty-five percent (65%) of the maximum square footage allowed for facia signs in a C1 Zone shall be permitted in those instances where a commercial business shall have frontage on two (2) intersecting streets. 4. A wall -mounted billboard subject to the requirements of 8.10.35.13 of this C2 (Heavy Commercial) district. 5. No more than one (1) of the following signs (a or b) shall be permitted. a. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. Said sign shall consist of not more than two (2) faces, said faces to be parallel and may be non - illuminated or internally lighted with non -flashing white light. b. One (1) on -premises identification facia sign not to exceed six (6) square feet in area per sign face shall be permitted per building frontage. Said sign may be non -illuminated or internally or externally lighted with non -flashing white light. 6. On-site signs in the windows of buildings shall be al. lowed provided that they do not exceed four square feet in area, or twenty-five percent of the area of the window upon which the sign is affixed, whichever is less. These Supp. No. 10 2570 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES 4' T,:,_ L'. i j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES I401NES CODE COMPARATIVE TABLE Ord. No.Adpt. Date Beetlon Section this Code 80-3010 11- 4.80 2 23.188(c) 80.3012 11-18.80 2(a) 12-16 80-3013 12.2-80 2(b) 2 12-21 7-1-7.8, 7-17-7.24, 7-32-7-39, 7-47-7.49, 80.3014 12.16.80 2 7-57-7.62 17-1-17.9 8 0-3016 12-I6• 80 3 Rpld 2 17-1-17.14 8-59 81.3017 1.13-81 2A App, A. B8 2B A8.10.36.11 PP• A. 18.10.35.11 C2 2C App. A, § 8.10.35.11 C6 81-3018 2.24-81 2 8-17 (APP, 1712 1) 81.3019 4. 7.81 2 34-28(c) 81.3020 5- 5.81 2 8-17(605), r (705), (805), __. (905), (1005), (1205a), (1207a), (Table 29•A), (3305)) 81.3021 5.5.81 Arta. I -VI 33-42-33-47 81.3023 6- 2.81 2A App, A. § 8.10.20 D2 2B APP• A, 81.3028 6.30-81 2 § 8.10.20 E2 23-1 81.3027 6.30.81 2 23.235(11) 81.3028 7.28.81 2 8.17(1205 a), 81-3030 7-28.81 2 (3 23-189 81.3031 8-11.81 2A App. A § 8.10.35.1 K 2B APP• A, 81.3032 8-25-81 2 § 8.10.35.1 L.1 33.163 81.3034 9. 8.81 2 2.100 Supp. No. 30 I [The next page Is 2071] 2957 j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES I401NES V_ RESOLUTION M. 81-283 RESOLUTION ACCEPTING THE MRK FOR THE FY82 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY82 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. PallinqCompany. Inc- of Iowa r;+v Iowa dated July 16, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Vevera and seconded by Perret that the resolution as read be adopts ,- and upon roll call t Iere were: AYES: NAYS: ABSENT: f BALMER x ERDAHL x LYNCH x I NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 10th day of November 1981, v ayor ATTEST: City Clerk / Recelveci A Approval �jo Legal Deparfrnenl MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES V,- �1 � CITY OF IOWA CITY CNVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 4, 1981 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 specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The FY82 asphalt resurfacing project as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R spec full ubm'tted, Frank K. Farmer, P.E. City Engineer bj3/11 j MICROFILMED DY !JORM MICROLAB `'CEDAR RAPIDS•DES-MOINES - 4. RESOLUTION NO. 81-284 RESOLUTION ACCEPTING 111E WORK FOR THE CBD ALLEY PAVING - PHASE II, BLOCK 82, O.T. WHEREAS, the Engineering Department has recommended that the im- provement covering the CBD Alley Paving - Phase II, Block 82, O.T. as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated July 14, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such ,improvements, i AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. i It was moved by Vevera and seconded by Perret i that the resolution as re adoptR, a o and p , upon roll call tTere were: � i AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 10th day of November 1981 I ATTEST: City Clerk d Received 8, Approved BY The Legal Department MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D ENGINEER'S REPORT November 4, 1981 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 specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The CBD Alley Paving - Phase II, Block 82, O.T. as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Re a tfully s it ed, Frank K. Farmer, P.E. City Engineer bj3/11 MICROFILMED BY 'JORM MICROLAB CEDARRAPIDS•DES MOINES S RESOLUTION NO. 81-285 Passed and approved this 10th ATTEST: Vic' CITY CLERK Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of November , 1981 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Reyeived $ Approved BY The Legal Department ---�/ il�Sf•f31 i el .1 c RESOLUTION POSTPONING PUBLIC HEARING ON THE MATTER OF THE NOTICE OF VIOLATION, NOTICE OF CLAIM, AND ORDER OF COMPLIANCE ISSUED BY THE CITY OF IOWA CITY TO SHELLER -GLOBE CORP. ON JULY 1, 1981, AND DIRECTING CITY CLERK TO GIVE WRITTEN NOTIFI- CATION OF SAID POSTPONEMENT TO SHELLER -GLOBE CORP. BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the matter of the Notice of Violation, Notice of Claim, and Order of Compliance issued by the City of Iowa City to Sheller -Globe Corp. on July 1, 1981, relating to prohibited discharges into the City's sewer system, was to be held before the City Council on the 10th day of November, 1981, at 7:30 P.M. in the Council Chambers, I i Civic Center, Iowa City, Iowa. 2. That a principal witness for the City has become ill and will not be available for testimony until after January 1, 1982, and a new hearing f date shall have to be set for the month of February, 1982, with exact i date to be determined by Council regulation at least 30 days prior to said hearing. c 3. That the City Clerk is hereby authorized and directed to furnish a copy of this resolution to Sheller -Globe Corp. by certified mail. That the City Attorney shall furnish a copy of this resolution by ordinary mail to all attorneys of record. tIt was moved by Vevera and seconded by Perret the I Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 10th ATTEST: Vic' CITY CLERK Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of November , 1981 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Reyeived $ Approved BY The Legal Department ---�/ il�Sf•f31 i el .1 c __... ._....:... .. .... ..... ........... •y'iii�:i':.. i i flermgi,.! � - t f lyrlall'r5 fee $.. CEItTIFICATE OF PUMACATION STATE OF IOWA,.lohnson Counly,ss: THE IOWA CIT'PItIiSS•CI'I'I7.IiN 1. Ilroflwyn S. Van Fosse", heirsg duly sworn, sny that 1 am the cashier of the IOWA CI'T'Y PItESS•CI'1'I'/.I•:N. a news- paper published in said county, and that a notice, a printed copy of which is hereto at hcd, was published in said paper C...�'1C tinlelsl, on the fol• I tv F da efsf: ushier Subscribeeedd� and sworn to before me this l /—lllly nfL="1 A. 1). 19t / Notary I ublic No. /.9,3h�) JUuSLAY7A ERrAwl OFFICIAL PUBLICATION NOTICE Of M116 HARING , A puhllc Mmrinq on Nr -tu, of the Notic. of Vloutlon, Natice of eleu, •nE O 'Of Compll... I mgO d D1y tb City of Iwm City "0 SMllo-g1eM Elm MftiblUd rgtai'I into VM Citty" rmeurl lylu ,tv111 W Mid NovwWroreof 1901. City 7:30 cIP1.M. 10 tM Couath zil Ghphlrm, eivi. Cenur, 110 Garuhil" St—t, low. City, lo+m. , MI&d thlt !n+ Emy of dU", .I901. t o w, y e WOW L 1951 i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES pllttplNPIPyN,w� 4- F Proceedings Fixing Date for Hearing On Increased Amount of Bond Iowa City, Iowa 1981 I he City Council of Iowa City, Iowa, met in sessi on the day of 1981, at o'clock m., at the in Iowa City, Iowa. T meeting was called to order and ther were present Mayor, in the chair, and he following named j Council Memb rs: i Absent: Matters were diy9alled, concerning the issuance of Industrial Development Revenue ereup n, Council Member introduced a resolutled: "Resolution fixing a date for hearing on proposed in mount of Industrial Development Revenue Bond (Henry . roject)", and moved its adoption, seconded by Council After due consideration of the said resolutiCouncI , tie Mayor put the question upon the motion and the ralled, the following named Council Members voted: Ayes: Nays: Absent: Whereupon, the ayor declared the s 'd resolution duly adopted and approval was signed thereto. On motion and ote, the meeting adjourned. i i Mayor I Attest: City Clerk (Seal) -1- ISELIN. HARRIS, HELMICK 8 HEARTNEV. LAWVEnS. DES MOINES, IOWA A �I QL r j MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES I401NES 4., s F V_ RESOLUTION Resolution fixing a date for hearing on proposed increase in amount of Industrial Development Revenue Bond (Henry Louis Inc. Project) the City of Iowa City, in the County of Johnson, State of WHERE authorized and Iowa (the suer"), is an incorporated municipality of ter empowere d by a provisonissueCrevenue4bonds for the 19 of epurpose aof1981, as amended (the "Act") b construction or purchase, land, financing the cos of acquiring, ment or any interest therein, suitable buildings, improve ents and equip Council of the body, finds is consistent 31of theuCode ofnewal for the use of comm rcial enterprises which the Cityith an / Issuer as the govern ng Y 'an adopted by the issuer pursuant to Chapter ¢ P I Iowa; and Project No. WHEREAS, the Issuer nab adopted an Urba /]Renewal Re Plan, Iowa R-14 (the "Urban Rerwal Plan") for t Urban Renewal Area designated therein (the "Urban Renewal Ar a ) and in furtherance of its out the Ur an'Renewal P an the Issuer proposes to efforts to carry urs ant to the Act for the purpose of issue its revenue bonds and eq pment (the "Project") financing certain imp „� n any') in its commercial for use by Henry Louis Inc. (t e enterprise, located within the WIIEREAS, it is proposed to the Project through the issuance (Henry Louis Inc .Of t 0 (the "Bond") and to to Renewal Area; and nce all or a portion of the cost of Industrial Development Revenue Bond suer in an amount not to exceed amount to the company under $90,00 an upon mutually the Loan Agreement between the Iss er alld the Company P remium, \\iany, and interest on the Bond acceptable terms, the obligation of wHich will be sufficient to pay principal of and redemptionall a due and p yable7 and as and when the same s WHEREAS, the Issuer and the financing of the and will promote urban r Issuer and will enhance within the Issuer and ac and its citizens; and WHEREAS, a public proposal to issue the exceed $80,000 at the published. as required b other comments relati 9 nsiders that to undertaking of the Project 3me is consistentwith the Urban Renewal aofplan the awal, rehabilitation and redevelop a tax base of the i suer, erit rofse commerce the Issuer to the welfare and pL sp y hearing was held on May 19, 1981, on the and in the aggregate principal amount not to ime and place as specified in a notice duly y Section 419.9 of the Act and all objections or to the issuance of the Bond in that amount have been heard; and WHEREAS, this Council on May 19, 1981, determined it is necessary risueral amount not to exceed $80,000, as and advisable this council on proceed with the issuance and sale of the ncip Bond in the agg 9 te -2- eELIN. HARRIS, HELMICK 6 HEARTNEY. LAWYERS, DES MOINES, IOWA 1601; - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V_ B authorized and permitted by the Act to finance the cost of the Project, and such actions would be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bond in the said amount; and WHEREAS, before the Bond may be issued in an amount not to exceed $90,000, it is necessary to conduct a public hearing on the proposal to issue the Bond in said increased amount, a 1 as required and provided for by Sect' n 419.9 of the Act; NOW, THERE RE, BE IT RESOLVED by a C as follows: ity Council of the Issuer, Section 1. This ouncil shal meet at the Civic Center in Iowa City, Iowa, on e 7:30 o'clock, m. 8th ay of December 1981, at e e on the P ' t whit time and place a public hearing shall pro osal to ss the Bond in an amount not to exceed $90,000, at which hearing a"' Ocal residents who appear shall be given an opportunity to express th issue the Bond. views for or against the proposal to Section'Th The Cler is hereby directed to give notice of intention to issue the B nd,'setting forth the amount and purpose thereof, the time when nd place where the hearing will be held, by Publication at least o e not less than fifteen (15) days prior to the date fixed for the hea ing, in the Iowa Citv Press -Citizen newspaper published a having a general circulation within the —Issuera The notice shall be i substantially the following form: -3- 9ELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BOND (Henry Louis Inc. Project) The City Council of the City of Iowa City,/Iowa, (the "Issuer") Will meet on the 8th day of December 1,981, at the Civic Center' , in Iowa City, Iowa, at /, 7:3-0 o'clock, _p -.m., for the purpose of conductinga public hearing ?o the pproposal to issue Industrial Development Rd enue Bond (Henry�ouis Inc. Project) of the Issuer, in an amount not t exceed $90,000 (the "Bond"), and to loan said amount to Henry Louis nc. (the "Company"), an Iowa corporation,. for the purpose of defrayin all or a portion of the cost of certain improvements or equipment su table for Ae use of its commercial enterprise consisting of a re ail facility located within the Urban Renewal Area designated in th Issuer's Urban Renewal Plan, Project No. Iowa R-14. Following a public Barin on May 19, 1981, the City Council determined it to be nec ssar and advisable to proceed with the issuance and sale of the Bond in an ggregate principal amount not to exceed $80,000, but subsequently a been requested by the Company to increase the maximum amount of the and to $90,000. The Bond, if issued, will be a limited obligati and will not constitute a general obligation of the Issuer nor will t e payable in any manner by taxation, but the Bond will be pay ble solely and only from amounts received by the Issuer under a Lo n Agr ement between the Issuer and the Company, the obligation of wh ch wil Abe sufficient to pay the principal of and interest and re emption pLcemium, if any on the Bond as and when the same shall become d e. At the time and place fixeq for said public searing all local residents who appear will be gi en an opportunity to express their views for or against the propo 1 to issue .the Bond; and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bond. By order of the City Council, this _ day of , 1981. City Clerk -4- OELIN, HARRIS. HELMICK 6 HEARTNEY. LAWYERS. DES MOINES, IOWA MUM MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES 140INES V- City of Iowa Citr MEMORANUVM Date: November 5, 1981 To: City Council nn From: Rosemary Vitosh, Director of Finance Iv Re: Industrial Revenue Bonds (Henry Louis, Inc. Project) On May 19, 1981, Council approved a resolution to proceed with the issuance and sale of Industrial Revenue Bonds for the Henry Louis, Inc. Project in an amount not to exceed $80,000. The bond proceeds will be used to finance the leasehold improvements and equipment purchases for a camera store in the Old Capitol Center. i The projects costs have exceeded the original estimate and Henry Louis, Inc. is requesting that the City Council authorize an increase in the amount of bonds to "not to exceed $90,000." A review of the financial analysis done by City staff indicates that the increased amount of debt should cause no financial problems. Iowa State Bank and Trust will be purchasing the bonds and has no objections to increasing the amount. tp4/7 I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /662 0. 7 I NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (Marcia Kay Roggow Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 10th day of November, 1981, at the Civic Center, City Hall, in Iowa City, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project) of the Issuer, in an aggregate principal amount not to exceed $165,000 (the "Bonds"), and to loan said amount to Marcia Kay Roggow (the "Obligor"), for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of her commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan, the Neighborhood Development Plan. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Obligor, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 22nd day of October, 1981. �1ty-Llerk MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES /650 .—T kin L'. --, Neal Berlin Iowa City Colncilrembers Iowa pity Civic Center P'r. Berlin and Councilors: r� p L F Fn) U Neu 6 /M ABBIE STOLFlJS CITY CLERK November 5, 1981 I am writing to express my opposition to e request by "-aricia Ropgow that the city issue ;¢165,000 in industrial revenie bnn^s to finance a planned expansion of her real estate sales office. At the c-ltset let me state my concerns reflect my personal, ciaic interest in the city's actions and have no relation to my reportarial responsibilities. I believe the Rogow request for city assisted financing Is fla•wed in s several significant ways --chief among them her apparent admission she did not seek conventional financing for the project. (Oct. 9 memo from °finance Director #itosh:"The application form . does not indiceti that she had applied for conventional financing, bht that several Savings and Loans have recommended that she use the IRB program rather than conventional financing for this project.") Roggow's effort hardly eeemsto represent a good faith effort to secure money in the market- place. building plans on file for the project indicate the building expansion will consist of primarily frame construction. while I am mindf,xl of the terrific cost difference between frame construction and masonry load bearing or steel frame/masonry veneer construction, it seems to me the city's long terminterest is better served by the latter tvnes of construction. The b.iildinrs will last longer and generate More tax r:venue. It doesn't seen imreasonable for the city to expect a more substantial constnnction technique in exchange for the fi.nanci.n,, "favor" I uresame the owner did not propose a different type of constriction, 1 becense the size of her lot and the desire to reuse the esisting strub- t+ire, is not cost effective. That presumntinn, if valid, would indicate the city will encourage an inefficient land use if the request is approved. Rogrowts plans indicate a part of her lot will be given over to parking anY landscaping. It is unclear whether the council wishes to require c--mn"ercial redevelopment in the revitalization area to I:-eet the same standards set out in the Urban Renewal Plan in regard to lot coverage. But it seems to me that some sort of standards ought to be adooted to encourage lot consolidation and minumum coverage req'.Iirrents so Io de- velopvent does not oontiue existing land use patterns. Conur.e ricial lad lard ne"r the downtown is valuable --the city ought to encourage structures that recognize that, llhile I appreciate Rogi-ow's aesthetic reasons for including green space and parking in her desilrn, I think the city oufTht not provide her with low intr:rest money to do It. The intended use seems to be at odds with the ZgchElliI 11unterand Assoc- iates recomur.endations for reuse of the cold library building. "Our investigation leads to the conclusion that bad office market may be somewhiht soft at the present time."(Page 16) "Our survey of downtotim axes identified over 6,000 Sq. ft. of vacant first nuality snace and recent lease up experience in lass A office space en the not; downtown hes been less thah favorable. "(Page 1%;} Although apparently not sconside.in in nature, the Roggow request ought to p,ive the cite na»se in con siderina construction of new space. /6 SD MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 14OINES Rog=owls request for on site parking, b,,sed on a perceived need for front door convenience is also troublesome. Aside from the fact he r o@dice is across the street from a 4.90 snace narking ramp, it seems to me that accomadations could be made to orovide short term narking when designs are prepared to reconstruct rinn St. 'he problem of tenant parking arain points out the inadeouacy of the lot size for the intended use. The Roggowbuilding plans will requiz,e two variances to allow narking as planned, "h11e admittedly a minor aspect of thooroject i.ances ought to have been secured before the council acts , those var- request;on the IRB - I understand the owner has not even filed requests for the variances yet. The cite- ought not to be In the business of helping j to finance projects that do not meet city codes, esnecially when arrange- ments have not been made beforehand to accomndate the non conformities. i i Second hand reports of the action taken by the city's Design Review ommittee are also disapnointi.ng. I understand the comr.,ittee concluded the nogPow plan was a good design for the site, in light of what exists onthe corner now. hat rationale seems narrow and inconsistent with I the colomittee(.s work downtown. A siillilar rationale applied there might have effectively negated the commitbeels rosnonaibill ty--in lii-htof what existed, (bur -ren ground) anything would seemingly be acceptable. he city rightly insisted it bad a say inwhat now exists, even to specii,ying what color and oonfi;ui•ation the sighs should take. The city's interest in the revitalization area is no less imnortant. t''inally, I am disturbed at the amount of work that has been done at the site. I understand the importance of starting construction quickly because of weather c-•nsiderati.ons and the eroding influence or inflation. but the project is riddled with problems and the solutions may have significant ramifications for futare bend reouests. I trust the decisl6on to proceed with constzzuction on the part of the owner vias based on a real concern about her purchasing power, and not the arrogance of thinking once the project was started, tim city would not dare stop it,. In light of my concerns, I would urge the city council to reject the Roggow appliention for industttal revenue bonds,on -rounds that the nrOjo ct is so limited in scone, so burdened by the need for exceptions to city coDdes and such an unimaginative use of the space as to be a detriment to the development of downtown Iowa 0ity. I. believe all the parties can do a better job. 1 j� John hlorrissoy L� D 233 s, r,ilras 19 81 NOV S Iowa 0it,y, Ia. A B B I E STOLFUS CITY CLERK A6 SD i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES r" ) Proceedings to Proceed With Issuance and Sale Iowa City, Iowa November 10 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 10th day of November, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- MICROFILMED BY JORM MICROLAB CEONR RAPIDS -DES -MOINES A6 !rl 4. After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Roberts introduced a Resolution entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000" and moved its adoption, seconded by Council Member Neuhauser After due consideration of said Resolution by the Counci , the Mayor put I the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Roberta. VPVara Kalmar Frd hl I r _y I hanhanca, Nays: Perrot Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. ayor Attest: C7t�y (Seal) -2- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES L,, /6S/ 1'\ RESOLUTION 81- 286 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, the Neighborhood Development Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Marcia Kay Roggow (the 'Obligor") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Obligor in her commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) of the Issuer in an aggregate principal amount not to exceed $165,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor upon mutually agreeable terms, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on,the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all ob.iections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- 14601 MICROFILMED BY DORM MICROLAB CEDAR RAPIDS•DES MOINES ro>a�r V- L, Section 1. It is hereby determined that the undertaking of the project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Obligor regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 10th day of November, 1981. Attest: , L111", =&a, - ty Clerk li (Seal) `#A70M -4- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 110,5/ -.7 V State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000. WITNESS my hand and the corporate seal of said City hereto affixed this 10th day of November, 1981. (Seal) (/ - City Clerk -5- MICROFILMED BY 'JORM MICROLAB ... CEOAR RAPIDS•DES MOINES &V 4•. NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (Doe Beverage Company, Inc., Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 10th day of November 1981, at the Civic Center, City Hall, in owa City, Iowa, at 7:30 o'clock, P.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $434,000 (the "Bonds"), and to loan said amount to Gerald L. Doe (the "Obligor"), for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Obligor, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 22nd day of October , 1981. t[. 6 2 City C I erk /6501 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES I i W Proceedings to Proceed With Issuance and Sale Iowa City, Iowa November 10 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 10th day of November, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch Nguhauser, Perret Roberts Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -I- MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS•DES MOINES /653 - t- I After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the troduced proposal to issue the Bonds, Council Member Roberts on entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate Drincipal amount not to exceed $434,000" and moved its adoption, seconded by Council Member Vevera After due consideration of said Resolution by the Councl tle ayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Roberts Vevera Balmer Erdahl Lynch Nays: Neuhauser, Perret Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. n D � � tayor Attest: a,� City C er (Seal) i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES-140INES F RESOLUTION 81- 287 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed 5434,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest•therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multi -state business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor"), to issue its industrial development revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project") to be located within the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981, (Doe Beverage Company, Inc. Project) of the Issuer in an aggregate principal amount not•to exceed $434,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES L. 1663 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorized, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. ' Section 2. The Issuer will enter into all agreements prepared by i Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to j be entered into in connection with the issuance of the Bonds and such i agreements shall be authorized and approved after due consideration by i this Council prior to their execution by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are I hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately I upon its passage and approval. i Passed and approved this 10th day of November, 1981. 4 ayor � Attest: �aClerk ty (Seal) -4- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES i I State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000. WITNESS my hand and the corporate seal of said City hereto affixed this 10th day of November, 1981. City Clerk -5- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES -MOINES /6,53 7 Memorandum of Agreement i Iowa City, Iowa November 10 1981 The City Council of Iowa City, Iowa, met in regular session on the 10th day of November 1981, at 7:30 o'clock, �.m., at tTe Civic enter, Ity Hall, in Iowa City, Iowa. The meeting was called to order and there were present JohnR. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret Roberts Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Perret introduced a resolution entitled "A Resolution author z ng the execution of a Memorandum of Agreement with Juceco, Inc." and moved its adoption; seconded by Council Member Lynch . After due consideration of said resolut on by t e Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Vevera, Balmer, Erdahl, Lynch Neuhauser, Perret Roberts Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. i Upon motion and vote, the meeting adjourned. .yam i ayor Attest: J % , City Clerk (Seal) -1- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES /GS$e 4 B RESOLUTION 81- 288 A Resolution authorizing the execution of a Memorandum of Agreement with Juceco, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adodpted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. R-14 (the "Urban Renewal Plan") for the Urban Renewal Area des gnated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing j certain improvements and equipment (the "Project") suitable for use by i Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES L.,. /6sy Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 10th day of November 1981. ayor Attest: C ty Clerk- erc -3 - -3- MICROFILMED BY MICROFILMEDBY ,JORM MICRO_ LAB '-CEDAR RAPIDS•DES MOINES (Seal) 4• .F w.1 E EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Juceco, Inc. (the "Company"). 1. PreliminaryStatement. Among the matters of mutual inducement which have result in t e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designate t ere n (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. f(c) The Company wishes to obtain satisfactory assurance from i the Issuer that subject to the public hearing required by the Act and i upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to ! exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $100,000. -4- MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS -DES MOINES 1"- (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terns regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terns sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of -5- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 14.631 4- V1 L.,. the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policv and Procedures for the City of Iowa Dated this loth day of Nnvamhar , 1981. Iowa City, Iowa Mayor Attest: - i City Clerk (Seal) JUCECO, I I By liucf� O/Icf/ State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Juceco, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 10th day of November 1981. City Clerk (Seal) _(_ MICROFILMED BY 'JORM MICRO_ LAB 6EDAR RAPIDS -DES MOINES 1dsy I U ,J ` City of Iowa CV-, MEMORANDUM Date: November 5, 1981 To: City Council and City Manager From: Rosemary Vitosh, Director of Finance Re: Juceco, Inc. Application for Industrial Revenue Bonds i Juceco, Inc. has filed an application with the City for Industrial Revenue Bonds in the amount of $100,000 (see attached letter from Attorney Robert Downer). Staff review of the application has verified that the project i complies with all legal and City requirements such as meeting IRS guidelines for tax-exempt status, the maintenance or increase in employment opportunities in the community, environmental factors and community service factors. -The financial review of the project reveals no problem areas. The application. forms submitted by Juceco, Inc. did not indicate that they have applied for conventional financing. The reason stated on the application for applying for IRB's reads "the IRB financing will allow that adequate and proper improvements are made to the site to more nearly place this business in a position to succeed. Service to the customer will be better as a .result. The financing will additionally, make the project a sounder venture from a financial feasibility standpoint." Staff recommends that the Council proceed with the issuance of the bonds. tp4/8 j l I a j /6S MICROFILMED BY -JORM MICRO_ LAB CEDAR RAPIDS•DES ROINES WILLIAM L.MEARDON WILLIAM F. SUEPPEL ROBERT N. DOWNER JAMES P. HAYES JAMES D. MCCARRAGH ER THOMAS J. CILEH MARHT.HAMER THOMAS O. HOBART MARGARET T. LAINSON ANGELA M. RYAN MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH LINN STREET TELEPHONE 338-9222 IOWA CITY, IOWA 52240 AREA CODE 319 Honorable Mayor & Members of the City Council of the City of Iowa City, Iowa' Civic Center 410 East Washington Iowa City, Iowa 52240 October 29, 1981 Re: Juceco, Inc. Ap!lication for Industrial Revenue Bond Financing Dear Mayor Balmer, Mrs. Neubauser & Gentlemen: Enclosed herewith is a completed Application of Juceco, Inc. for Industrial Revenue Bond financing for a new "Orange Julius" on the second floor of Old Capitol Center in Iowa City, Iowa. The amount of Industrial Revenue Bond financing is $100,000. A Lease Agreement is in the process of final negotiations at this time, and the franchise has been comni.tted. Although this is a new business and this corporation has not been engaged in business previously, all of the principals in the corporation have substantial business experience in the IoYra City area, with two of these parties having been engaged in the food and bever- age business for a substantial period of time. Also enclosed is the application fee to the City of Iowa City in the amount of $2,000. If you have any questions with respect to this application please do not hesitate to contact either Mr. Zimmerman or the undersigned. A Mamrandinn of Agreement and Public Hearing Proceedings for your consideration will be furnished shortly. Thank you very much for jyour courd considy . RD= Enclosure cc: Mr. W. Richard Summrwill Mr. Charles Zimmerman MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES MOINES i N 7 V, Proceedings Fixing Date for Hearing I Iowa City, Iowa November 10 1981 The City Council of Iowa City, Iowa, met in regular session on the -3-0 of �.ock IN., at the Civic Center, C ty al , inlIowa Cit981, y Iowa. Theimeeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following name ounce Members: j Erdahl, Lynch, Neuhauser, Perret, Roberts. Vevera it Absent: None s Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Perret f introduced a resolution entitled: "Resolution fixing a date or hear ng on proposed Industrial Development Revenue Bonds, (Juceco, Inc. Project)", and moved its adoption; seconded by Council Member Vevera After ui Counci the Mayor put thequestioneuponof themotionthe aandrthe roll eso nbeinghe called, the following named Council Members voted: t ' Ayes: _Balmer. Erdahl Lynch Neuhauser, Perret Robertsp Vevera i Nays: SlDne # Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. AZ Attest: —c:;ay r ity ClerK I (Seal) i � -1- lir Jr51 j MICROFILMED BY 'JORM MICRO_ LAB -CEDAR RAPIDS -DES MOINES 4. Ny RESOLUTION 81- 289 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Juceco, Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area -des gn�tTierein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds, (Juceco, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct i a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; -2- Ao ss i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 8th day of ���_���_�� , 1981, at ] o'clock, 'p.m., at which t mei an�ace a public hearing shall be�feTa-on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa Cit Press -Citizen a newspaper published and having a genera circ a n on w t the issuer. The notice shall be in substantially the following form: -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES A5050 9 4- -.7 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Juceco, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the �g day of OarPmbe1981, at the r Civic Center, City Nall_in Iowa City, Iowa, at for the purpose of conducting a public hearing on the p oposalkto—s sues Industrial Development Revenue Bonds (Juceco, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Juceco, Inc., (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan Iowa R-14 The Bonds, when 13SUEJ, 171,171emeted o igat ons an w not consti- tute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. i At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. i By order of the City Council, this 10th day of November 1981. , I p City C er r 1 P i f c i -4_ �� 55 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L,. Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 1981. Passed and approved this 10th day of November i ayor Attest: QD -5- I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES'1401NES L,. State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds Nuceco, Inc. Project) in an aggregate principal amount not to exceed $100,000. RESOLUTION NO. 81-290 RESOLUTION ADOPTING AN AMENDMENT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Neighborhood Redevelopment Plan to meet the requirements of Chapter 403 of the i Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, hCode oIowa r,etoits area be ter oftheCodefIowa prior t July1,1979 eliigiblesfor IndustrialpRevenuue Bonds; ond October 21, e city of Iowa 1980, Resolution ltNo.do80-474ted ,1 andustrial amendedeVonuOtoberP61,1981,1 Resolution 81-266; and WHEREAS, the City of Iowa City wishes to encourage medium and high density t housing in and near downtown Iowa City as expressed in the City's Comprehensive Plan, adopted May 30, 1978. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City, r Iowa be amended as follows: i 1. To expand the designated area to include the area of Outlot 25 as shown on c Attachment A to be developed for medium to high density housing. . jVevera and seconded by Neuhauser the It was moved by Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: K t Balmer -� - Erdahl Lynch Neuhauser ' Perret Roberts -� Vevera Passed and approved this inrn day of November 1981• AO ATTEST: CITY ULERI MICROFILMED BY `JORM MICRO_ LAB —CEDAR RAPIDS -DES MOINES Received & Approved gy The {,egal Department 0 IG - W A ATTACHMENT A PROPOSED ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS i ELIGIBLE CH.403 AREA ' URBAN RENEWAL R-14 The southern and eastern boundary lines on outlot 25 are defined by a line beginning 330 South of the point of beginning on the western boundary of the large scale residential development plan, Ralston Creek Village, approved by the City Council 5/15/80, with said line proceeding east and south along the existing asphaltic concrete (as shown on the plan), and along 38' of the Abrams Furniture building to Ralston Creek and following a line along the west bank of Ralston Creek thdn across the Creek, north approximately 480' to the intersection of the center of the right-of-way of Van Buren St. MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES 1401NES /4651 City of Iowa Ci` #, MEMORANDUM Date: - November 6, 1981 To: City council From: CityY�Manager Re: Ralston Creek Village Several documents from the Ralston Creek Village file relating to the approval process and other issues are enclosed. On May 13, 1980, the City Council approved the Preliminary and Final Large Scale Residential Development resolution. There were two major concerns: 1. Parking area adjacent to Ralston Creek. 2. The easement for a City sanitary sewer. The Board of Adjustment granted a special use permit which allows a portion of the required parking to be located less than 32.8 feet from the Ralston Creek bank. As the City code provides that a special use permit is valid for six months, the developer would now be required to reapply for this permit if parking is still required within this area. The reduction in the number of dwelling units being proposed conceivably could change the necessity for the special use permit. In 1971, the City obtained an easement for a major trunk sewer through the area which gave the property owner permission to build buildings over the sewer. Further, the easement provided for City responsibility for damage to the buildings resulting from negligence. The acceptable alternatives were to move the sewer line or condemn an easement. As the easement runs diagonally across the property, it was determined that the cost of the easement could approach the value of the entire parcel, i.e. $200,000 to $300,000. The $75,000-$80,000 cost for moving the sewer line appeared -to be the least objectionable alternative. In conjunction with the proposal for the issuance of Industrial Revenue Bonds for this project the City Manager is attempting to negotiate a satisfactory settlement of the sewer easement question with the developer. The goal is to have the' developer assume all or as much of the cost of moving the sewer line as is consistent with maintaining the financial viability of the project. This project will be discussed at the informal Council session of November 10. cc: Jim Clark bj2/19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES /659 --7 MEMORANDUM -.City of Iowa Date: October 17, 1980 To: City Council` From: Doug Boothroy e Re: Large Scale Rial Development Plan of Ralston Creek Village The Resolution approving the preliminary and final LSRD plan for Ralston Creek Village was passed by Council at their regular meeting held May 13, 1980. A building permit has not been issued for the subject development. The LSRD provisions do not require compl.iance with the approved plan within any set period of time. The applicants sought and were granted pursuant to Section 8.10,02.12D.3 a special use permit to permit the required parking to be located less than 32.8 feet from the Ralston Creek bank in the floodway overlay zone. This permit was granted with the conditions that signs be posted in the parking areas and provisions made in each lease for apartments or parking spaces to give foreknowledge to occupants of parking spaces, to the effect that risk of flood damage to property exists. Further, the applicant shall provide a warning system to notify apartment occupants of potential risk occasioned by heavy downpours within the watershed. The design of such a system shall follow in principle the descriptions given the Board in the public hearing by the representatives of the applicant. Approximately 40% of the required parking spaces are affected by this requirement. No order or decision of the Board permitting a use of a premises is valid for a period longer than six months, unless such use is established within said period. The Board granted the special use permit for the required parking for the subject development March 15, 1979. Therefore, because the six month period has elapsed without establishment of the use pursuant to the order of the Board, it will be necessary for the applicant to reapply for a special use permit. The applicant is allowed to complete that portion of the LSRD plan that is not affected by the Board's decision. bc4/4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /6S9 I City of Iowa C y MEMORANDUM Date: April 27, 1979 To: Honorable Mayor and City Council From: Angela Ryan, Assistant City Attorney ati Re: Ralston Creek Village Facts On March 15, 1979, the Board of Adjustment considered a request by the owners of Ralston Creek Village for a special use permit pursuant to Section 8.11.02.1203 to permit parking within 32.8 feet from Ralston Creek in Flooding Overlay Zone. Questions Presented I. Was the Board authorized in granting the special use permit to Ralston Creek Village? 2. Will the City be liable for property damage resulting from the I issuance of the permit? Conclusions 1. Since evidence was presented by the applicant in support of the issuance of the permit and since the Board is expressly authorized to issue special use permits within the Floodway Overlay Zone, the trial court may not substitute its judgment for that of the Board. 2. A city is not liable for failure to assure that a building project would not injure its neighbors before issuing a permit for construction. Discussion Section 8.11.02.12D of the Code of Ordinances states: 'The following uses may be permitted within a Floodway Overlay Zone upon approval of a Special Use Permit: (3) Parking, loading areas and other similar uses when located less than 32.8 feet from the stream bank. Section 8.11.02.13E lists the factors which the Board must consider in determining whether to grant a special use permit: 1. The probability that materials may be swept onto other lands or downstream to the injury of others. 2. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3. The susceptibility of the"proposed facility and its contents to flood damage and the effect of such damage to the individual owner. 4. The availability of alternative locations not subject to flooding for the proposed use. 5. The safety of access' to the property in times of flood for ordinary emergency vehicles. 6. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. The Board discussed these factors and considered primarily the possibility that vehicles might be swept downstream. Board members pointed out that parking is expressly provided for as a special exception and therefore it must have been the intent of the Council to allow this use under some circumstances. The Board considered the standards set forth in Section 8.11.02.13B1 and made a finding that the proposed parking did not involve a structure which would reduce the water storage area or impede the stream flow, nor would it raise the grade. The Board imposed conditions to reduce the risk of flood damage:- signs in the parking area, notice in the lease and a warning system in the apartment building. Section 414.15 of the Code of Iowa pr -vides that any person may appeal a decision of the Board of Adjustment within 30 days by a petition setting forth that its decision is illegal, in whole or in part, specifying the grounds of the illegality. In appeals of decisions of the Board of Adjustment, it has been held that a trial judge could not substitute his judgment for that of the board in the absence of arbitrary, unreasonable or capricious action by the board, nor could the Supreme Court substitute its judgment for that of the trial judge if his determination rested on substantial evidence. The court also stated that there is a presumption of regularity in the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have discharged their duties. The board is presumed to have found the existence of such facts as were necessary to sustain its action. Had defendants presented no evidence, the court's decision would have been otherwise. Johnson v. Board of Adjustment, 239 NW 2d 873, 887 (Iowa, 1976). A review of Johnson and the cases cited therein indicate that the court is reluctant to substitute its judgment for that of the Board. It must be shown that the Board exceeded its authority or otherwise acted illegally. Since the applicant, Ralston Creek Village, submitted evidence in support of the special use permit, the City would have a difficult burden to show that the Board acted illegally. MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES L. /cS ? ,;"_ A "^ 3 With regard to the potential liability of the City as a result of the issuance of the special use permit, the holding in Miller v. Citi( of Brentwood, 548 SW 2d 878 (Tenn 1977), would seem applicabTe. In Miller, property owners in the lower part of a subdivision sought to enjoin the City from authorizing or issuing any further building permits for projects which would increase the storm water drainage flowing past or through their lots. Their principle argument was that the City was legally responsible for the flooding, nuisance caused by the collective adverse impacts of projects which it approved. The court noted that no authority was cited to support this argument and stated that none was found by independent research. "In spite of the recent propensity of some courts to undertake -to supervise and direct the activities of other branches of govern hent, none has yet been so bold as to hold a local government liable for failureto assure that a building project would not injure its neighbors before issuing a permit for construction. To initiate such a rule would make it necessary for every municipality to require indemnity bonds from builders in fantastic amounts before issuing permits for any construction.In short, the city would thereby be constituted the liability insurers upon each building constructed by permission of the city." Id, 882. bj4/11-13 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DLS MOINES X6,5,9 Mr. Doug Boothroy Re: Ralston Creek Village City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Boothroy: On behalf of the Owners, Sam Abrams and Gary Abrams, we have been authorized to - I prepare this letter advising the City that the Owners will cooperate with the City by granting various easements for the relocation of the 42 inch diameter sanitary sewer. j 1 We understand that the City proposes to relocate this sewer by constructing a + I new sewer along the westerly and northerly boundaries of the project and abandon- ing a portion of the existing 42 inch sanitary sewer that would lie under the pro - Posed buildings. The proposed easements required of the Owner would be as follows: I 1. A 10 foot wide easement along a portion of the westerly boundary of the project with the provision that no building construction be I permitted within the easement. 2. A similar easement, approximately 30 feet in length, north of the proposed'apartment buildings where the proposed sewer would connect to the existing sewer. 3. For the existing storm sewer and sanitary sewer easements north of the proposed apartment buildings, the existing easement agreements would be revised to add the provision that construction of buildings on these easements would be prohibited. 4. Grant a new easement for possible future construction running the entire j length of the 5 foot wide strip of land that connects to Burlington Street and entending this easement southerly to the point where the relocated sewer connects to the existing 42 inch sewer. This easement would also need to include the provision prohibiting the construction of buildings. I I CEDAR RAPIDS DAVENPORT DES MOINES DU13000E FT. MADISON IOWA CITY VINTON / /Ge7 9 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES JameaL Smug E 6LS R�cnaraD Kaamika PE 6 L 5 Pp SHIVE-HATTERV & ASSOCIATES RooerlJ De Wm PE Plan Allan R R$L HaOaoa PE Baker P E CONSULT/NG ENG/VEERS T Mcnael MCLbeen PE Jonn L wmers. P E Moan,a Cook PE DenmsE WNW PE HIGHWAY 1& 1-80 P.O. BOX 1050 M¢naelL Kammerer PE IOWA CITY. IOWA 52240 J E Hawks PE RaeenC Leneer PE TELEPHONE: (319) 354.3040 LarryF Morgan Pa Dar.L Jonnaan PE Donald Tnamas LS Ronald Saddens LS DavWH Comann PE April I7, 1979 Mr. Doug Boothroy Re: Ralston Creek Village City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Boothroy: On behalf of the Owners, Sam Abrams and Gary Abrams, we have been authorized to - I prepare this letter advising the City that the Owners will cooperate with the City by granting various easements for the relocation of the 42 inch diameter sanitary sewer. j 1 We understand that the City proposes to relocate this sewer by constructing a + I new sewer along the westerly and northerly boundaries of the project and abandon- ing a portion of the existing 42 inch sanitary sewer that would lie under the pro - Posed buildings. The proposed easements required of the Owner would be as follows: I 1. A 10 foot wide easement along a portion of the westerly boundary of the project with the provision that no building construction be I permitted within the easement. 2. A similar easement, approximately 30 feet in length, north of the proposed'apartment buildings where the proposed sewer would connect to the existing sewer. 3. For the existing storm sewer and sanitary sewer easements north of the proposed apartment buildings, the existing easement agreements would be revised to add the provision that construction of buildings on these easements would be prohibited. 4. Grant a new easement for possible future construction running the entire j length of the 5 foot wide strip of land that connects to Burlington Street and entending this easement southerly to the point where the relocated sewer connects to the existing 42 inch sewer. This easement would also need to include the provision prohibiting the construction of buildings. I I CEDAR RAPIDS DAVENPORT DES MOINES DU13000E FT. MADISON IOWA CITY VINTON / /Ge7 9 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES V - Kr. Doug Boothroy April 17, 1979 Page Two If we have misunderstood any of the requirements of the City or the proposed sewer relocation, please call our office. Yours very truly, SHIVE-HATTERY & SSO IATES hn .Vali lers JLW/kam cc: Gary Abrams Sam Abrams Bill Meardon Bruce Orr SHIVE•HATTERY& ASSOCIATES MICROFILMED BY `JORM MICROLAB i `CEDAR RAPIDS -DES I401NES 4'. Y tom.:.. Natural Resources Council Wallace State Office Building Des Moines, Iowa 50319 (515) 281-5913 Iowa a place to grow Mr. Douglas Boothroy Planner/Program Analyst Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Mr. Boothroy: April 5, 1979 JAMES It. WEee, oh.a., LOUIS E. GIESEKE, W.I., C.mmh.iona Reference is made to your letter of March 27, 1979 and attached material relevant to a special permit issued pursuant to Resources Council -approved Flood Plain Management Regulations. The requirement that parking areas located less than thirty-two and eight tenths feet from the streambank must obtain a Special use Permit is a requirement that was imposed by the City and does not reflect minimum Resources Council criteria. In other words, in the absence of local flood plain management regulations, the Council would not have any objections to the proposed parking area provided such did not involve significant amounts of fill or obstruct flood flows. Therefore, no further approval or concurrence of the Resources Council will be needed for this project. Thank you for coordinating this matter with our office and if you should have any questions, please feel free to contact me. Sincerely 61& 0 R�W�� Jack DRessen, P.E. Flood Plain Management JDR/pk Attachment COUNCIL MEMBERS: MERWIN D. DOUOAI, Chapman LEIGH R. CURRAN HUGH TEMPLETON Ames Mason City Knoxville PERRY CHRISTENSEN, Vlce•Chalrmm MARVIN A. DALCHOW JOHN P. WHITESELL Diagonal Maquoketa Iowa Falls JOYCE CONKLIN•REPP, Secretary E. EILEEN HEIDEN SANDRA A, YATES Mlnoum Denleon Ottumwa MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES I c1tv of Iowa Til A -A "- [ C � ;L TW - Date: March 29, 1979 To: Neal Berlin and City Council From: Eugene A. Dietz, City Engineer Re: Ralston Creek Village (a large cale residential development located south of Burlington Street, east of Gilbert, and west of Van Buren) Ralston Creek Village, an ISNRD composed of three apartment buildings, will be discussed by Council at the April 3 formal meeting. It is the opinion of Public Works that two problems surround this proposal and very definitely make the complex undesirable as proposed. These two problems are briefly: 1. The developer is proposing that two buildings be located over a 42" trunk sanitary sewer which carries flow from the major portion of east Iowa City. 2. . The developer has received permission from the Board of Adjustment to park vehicles very close to the bank of Ralston Creek. These cars will be damaged and/or floated away during flooding conditions - certainly more frequently than the 11100 -year storm". The following paragraphs attempt to more thoroughly define the two problems and perhaps suggest a solution to them: 1. Trunk sewer -- In approximately 1971 a major trunk sewer was built through this area. The City obtained an easement which gave the property owner permission to construct buildings over the top of the sewer. The easement further held the City responsible for any damage to the buildings which might be caused as a result of the City's negligence (a rather all-encompassing clause). Obtaining an easement of this type was not a wise move.by the City, but it did happen. One can only speculate that the construction contract moved more quickly than land acquisition and for some reason the City was reluctant to condemn. In any event the City is now in the position of watching a building being constructed over the top of one of the main trunk sewers in the community. This is intolerable. In twenty, thirty or forty years the sewer may sustain a failure and it is probable the City will pay for not only the sewer repair but for damage to the building. There are five alternatives: a. Negotiate a clear easement -- This could be attempted but the Planning and Zoning Commission was not successful in asking the developer to reorientate buildings so that they would not be over the sewer. It seems likely that the developer will have to maintain a high density on the site to maximize invest- ment potential; 165) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40INES b. Condemn an easement -- As with the previous alternate, condem- nation of an easement will render the site less valuable. It is possible that the cost of condemnation for only easements may approach the cost of acquiring the entire parcel; C. Condemn the entire parcel -- The estimated cost of this option is thought to be $200,000 - $300,000; d. Allow the buildings to be constructed as shown; and e. Relocate the sanitary sewer -- The cost of this option is estimated to be approximately $81,000 (this assumes no costs for easements). The above alternates, all clearly difficult choices, are compounded by other factors -- the same 42" sewer runs through other property between Ralston Creek Village and Burlington Street which is potentially developable; the same 42" sewer bisects the parcel of land which we recently forfeited to the Rock Island Railroad Company; and the same 42" sewer lies directly beneath the proposed University of Iowa Credit Union Building at the corner of Van Buren and Iowa Avenue. I am aware that there do exist some structures over the sewer upstream from the Credit Union parcel and i other potential problems may not have been discovered yet. I don't propose to offer solutions to each of these problems since the exact nature of each varies somewhat from the Ralston Creek Village matter. i However, the problems are interrelated and therefore you need to be aware of their existence. Board of Appeals -- The City Floodplain Management Ordinance pro- vides that nothing can be located in the floodway of the creek (the floodway is a 100 foot wide section along the creek) with only a few exceptions. One of the exceptions is that parking areas can be located in the floodway provided they are no closer than approximately 33 feet to the stream bank. Parking can be located closer than 33 feet if a Special Use Permit is obtained. This Special Use Permit was meant to provide for unanticipated eventualities that might occur. For example, if one side of a creek was very low while the other side of the creek was very high, it would not make any sense to prohibit parking next to the creek bank on the high side. Unfortunately the Board of Adjustment recently granted a Special Use Permit to the developer of Ralston Creek Village in an area which floods easily. The Floodplain Ordinance states that there are conditions that always apply to the granting of a Special Use Permit. A few of these that relate to this matter are as follows: (1) The purpose of a floodway is to prevent water from being backed up more than one foot higher then it otherwise might be. With cars parked in the floodway it is difficult to see how floodwaters will not be backed up upstream. 146.59 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 3 (2) In granting a special use permit the Board of Adjustment is directed by the ordinance to consider the following factors: a. The probability that materials may be swept onto other lands or downstream to the injury of others. b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to individual owners. C. The availability of alternative locations not subject to flooding for the proposed use. It is absolutely certain that car owners will sustain damage to their vehicles. In my mind the Board of Adjustment has made a mistake in granting of this variance. The Board was shown slides of the 1972 flood in which this entire area is clearly shown to be ender water. The Special Use'Permit still has to be approved by the Iowa Natural Resources.Council, but discussions with the INRC staff reveal that they expect the 1 local agencies to fully study the implications of a special use permit and.that they will generally concur with the local agency. In summary the City is faced with an undesirable development. The development is located in the floodplain of Ralston Creek and parking is being allowed in the floodway of the creek. The development has major structures located over a trunk sanitary sewer. Part of the problem results from past actions by the City and part of the problem results from present action by the Board of Adjustment. RECOMMENDATIONS Aside from being glad that I didn't work here in 1971, I do have some thoughts about the problems involved. My recommended procedure is as follows: A. For Ralston Creek Village, authorize staff to obtain a design for rerouting the sanitary sewer at an approximate cost of $81,000. Because this procedure would create a certain benefit to the property owner, it should be clearly understood that we will require non - buildable easements for this relocation at no expense to the City. There is undoubtedly a good argument to condemn the entire parcel since it may be desirable to purchase a portion of the property along the creek for flood protection at some later date. However, the channel improvement is a separate project and should be able to stand the test of cost/ benefit independent of this problem. Furthermore, none of these solutions have been budgeted, making the lesser expensive one somewhat more desirable; MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 140111ES /6-wT 4 !`1 B. Direct legal staff (as time and schedule allows) to discover our position on sewers in the other areas. It is not, in my opinion, necessary that the sewer be relocated in all instances. In some cases it may be possible to condemn easements or possible to win a lawsuit if we do nothing at all; and C. Override the Board of Adjustment's Special Use Permit approval for •allowing parking in the flood plain. We could write a letter to the Iowa Natural Resources Council asking that they not approve the Special Use Permit. The feature problem with this is that we would be asking a State agency to correct a mistake made by our own local agency. This recommendation would require that the owner reorientate his buildings which may cause some major changes in plan as submitted MICROFILMED BY ,JORM MICROLAB CEDAR RAPIDS•DES 1401NES ..I 1 ■ STAFF REPORT r To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: S-7841. Ralston Creek Village Date: March 15, 1979 GENERAL INFORMATION Applicant: Sam Abrams 408 S Gilbert Street i i I� Requested action: I Purpose: Location: Existing land use and zoning: Surrounding land use and zoning: i Applicable regulations: I, 45 -day limitation period: I SPECIAL INFORMATION Public utilities: Public services: Iowa City, Iowa 52240 Gary Abrams 4005 Yorkshire Lane Northbrook, Illinois Approval of a large scale resi- dential development plan To construct 72 multi -family units Between Gilbert and Van Buren just north of the Abrams Furni- ture Store Undeveloped and CBS North - commercial and C2 South - commercial and C2 East - commercial and C2 West - office and C2 Provisions of the LSRD and Stormwater Management Ordi- ances and the Tree Regulations. i MICROFILMED BY 'JORM MICROLAB , CEDAR RAPIDS -DES MOINES Waived Adequate water and sewer service is available. Sanitary service is available as well as police and fire protection. X0-10 Transportation: Physical Characteristics: ANALYSIS Access is via Gilbert and Van Buren Street. The entire site is located within the 100 -year floodplain of Ralston Creek. The topography level (0-2%). The applicant proposes to construct three 24 -unit apartment buildings, two of which are situated on City sewers: a 42" trunk sewer and a 2 -foot -by -3 -foot brick oval sewer. No other alternative for building location exists at the density proposed due to the floodway boundary. At the time of installation of the 42" trunk sewer, the City entered into an agreement (1970) allowing the applicant to build over the sewer. It is the staff's opinion that under no condition is it advisable to build on a sewer but because of the aforementioned agreement, the City has no legal recourse regarding building over the sewer. According to 'the Flood Management Regulations, parking cannot be located less than 10 meters (32.8 feet) from the Ralston Creek bank without the granting of a "Special Use Permit" by the Board of Adjustment. Approximately 40% of the proposed parking spaces are affected by this requirement. Application has been made to the Board regarding this matter and action will presumably be taken by the Board on March 15, 1979, before the Commission's formal meeting. If the applicants' request is denied then the LSRD would need to be substantially revised and action by the Commission, therefore, could not be taken. A common drive is proposed from Gilbert Street to serve as access to both the the residential development and Abrams' Furniture Store. It has been the Legal staff's opinion that in the event contiguous parcels are developed as part of a coordinated development (in this case, provision of a common access) then both parcels should be included within the LSRD plan. However, the Abrams' Furniture building is not required to meet either the provisions of the Tree Regulations (no alteration or change of use) or the Stormwater Management Ordinance (building permit not required). RECOMMENDATION It is the staff's recommendation that action on the LSRD revision of the plan incorporating the deficiencies below, the staff recommends the plan be approved. DEFICIENCIES AND DISCREPANCIES plan be deferred. Upon and discrepancies noted 1. Signatures of the utility companies should be provided on the plan. 1655? MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES It 1"" AML 3 2. Certification of a registered land surveyor should be provided. 3. A metes and bounds discription of the property should be provided. 4. The total acreage of the property should be indicated in the legal de- scription. 5. The plan does not comply with the Tree Regulations and an innovative parking area design plan would need to be approved by the Commission. 6. The furniture store parcel should be integrated into the proposed LSRD plan. 7. Furniture store should be fully dimensioned and the total retail floor area indicated. 8. The drive access from Van Buren Street should be narrowed to 24, in width with the necessary curbs and sidewalks provided within the right-of-way. 9. A note should be added to the plan indicating that the 2 -foot -by -3 -foot brick oval sanitary sewer will be removed per the 1970 agreement. 10. A note should be provided as to the number of bedrooms the proposed apart- ment units will contain. 11. Curve radius for the streets and intersecting private drives should be indicated. •12. Building width of the proposed apartment buildings should be indicated on the plan. ATTACHMENTS Location map. ACCOMPANIMENT LSRD plan Approved by '�aj •QSCi'u^K fo✓ Dennis R. Kraft, Director Dept. of Planning and Program Development MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /6s'9 JONNJO.V Jr. FPwo%lecr J'/TE ti _� Y.ON SaPEw JT. � + o ti cicaE.�r Jr. L OCAr/O,y MAP .VO JC.QLE j MICROFILMED BY JORM MICRO_ LAB I CEOAR RAPI DS -DES 1401NES -S'78,41 I i i 4- as AGREEMilIT THIS AGREEMENT Is executed by the undersigned Owners of certain property hereinafter described, hereinafter called Owners, and the City of Iowa City, Imia, a municipal corporation, hereinafter called City, WITNESSETH: In consideration of the City approving the Preliminary L Final Large Seale Residential Development known and designated as Ralston • Creek Village, Iowa City, Iowa, a copy of which is attached, the Owners agree no occupancy permits will be issued by the City for any building until completion of the following pursuant to plans and specifications of the City, to -wit: I I. Completfon of. construction of the building involved. i 2. Installation and hook up of water mains, sanitary sewer, and storm sewer. I 3: Construction of concrete pavement and proper installation of j electrical, gas, and telephone service to the buildings. 4. The foregoing improvements shall be installed pursuant to the . existing plans and specifications and the ordinances and regulations of the City of Iowa City, Iowa. 5. The construction of the above described Improvements shall be completed within 6o days following the owner's application to the City for an occupancy permit. owners will give written notice to the City six months In advance of starting construction so that the City can • begin work to abandon the existing brick sewer and Construct a new sewer as provided for In Paragraph 7 bales. 6. Upon completion of the improvements and compliance with this Agreement, the City file a Release with the Recorder of Johnson County, Iowa, signifying compliance with this Agreement by the Owners for the Purpose of removing any cloud upon the title of the real estate. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES Received S Approved Rv Th- Legal D^esrtM-nf /65? S . I. 4xM1 mNh cv _ 2_ 7. rimers request that the City abandon the use of the existing brick sewer line referred to in a Perranent Sewer Ba:^.e t recorded Nova�ber 24, 1970, in Book 359, Page 107, records of the Recorder of Johnson County, Iowa, as Omen have granted the City a new Permanent Sewer Easement or at no cost to Owners, construct a naw sewer line and ahvxbn the brick sewer line and 42 inch sanitary sewer and execute the necessary instnumJnts to accomplish such purpose M MED Owners shall assume any liability for property damage or personal injury thereafter due to any collapse of abandoned portions of said sewer lines as shown on the attached large Scale Residential Development. S. The City shall rot be required to issue an occupancy permit u nti.1 the proposed storm water control structure and site work incident thereto have been oenpleted according to plana and specifications approved by the City. Owners shall be responsible for the continues operation, maintenance. and repair of said ,storm water oontrol structure in a manner which is con- sistent with the Iowa City Storm Water Management Ordinance, which obliga- tion shill be a covenant running with the land and enforceable by the City against the Owarrs and the Owners' successors in interest. 9. COVIDUM. This Agreement shall be binding upon the parties hereto and their successors in interest and shall be construed as d covenant I running with the title to the land described herein as though the same were incorporated into each subsequent conveyance of the land describai ' herein. IN Wr1TMM WFaMEOF, the parties have caused this Agreement to be executed at Io+a City, Iowa, on this c'KIR)k day of _, 1980. CM or IOTA C=Y, I= Dv l �' �BJ,mLaia Sam,`'^'-'' V—� Dahmer, Mayor—.. By By ty jge Abram yus, C ty .lark . Dy n4 �Y / Dy LN 5 a roma /659 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4' -;- STAT,- OF IaVL ) SS. JOHNSON COO= I On this day of 1980, before gym, the undersigned, a Notary public N and for sa County in said State, personally appeared . Sam Abrams and VD -,o Abrams, husband and wife, to We Ynosn to be the identical persons named in and who executed the foregoing Agreen:nt end acknowledged that they executed the sane as their voluntary act arca deed. � C:4 aN C N OL Sal •Sty and SL�ate 1: I Ss. COOK C=M O7 thiseZ day of _�2L.X 1990, before me, the undersigned, a Notary Public in and for s31d County in said State, personally appeared Gary Abram and Sandra Abrams, husband and wife, to me known to be the identical persons nmied in and who executed the foregoing Agrearcnt and acknowledged that they executed the same as their voluntary act and deed. Notary public and for County and State MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES M0114ES /Gje _i - 4• yr- THIS ACRJEEZEHf is executed by Sam Abrams and lbse Abram, husband and wife, and Guy Abram and Sandra Abrams, husband and wife, hereafter called "Abrams" and the City of Iowa City, Iowa, hereafter called "City". IT IS HUM AGREED: For the sum of $1.00 and other valuable consideration the receipt of which is acknowledged, Abrams grants to the City a non-exclusive eesenent for the Purpose of excavating for and the installation, replace et, mainten- ance and use of each sewage lines, pipes, mains, and conduits as the City shall fzmh tLae m• tine install to convey sewage with all necessary appli- T. 'awn and fittings for 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, ever across and order the area described w in Exhibit "A" attached and by this reference made a put hereof. Abrams further grants the City: 1. The right to grade the eesecent area to such extent as the City may find reasonably necessary- 2. The right frac time to time to trim and to cut dam and clear away any trees and brush on the easement area and to trim and to cutdown and clear away any trees on either side of said area which may overhand and interfere with the City's use of the area for the purpose granted. 3. The City shall indemify Abrams fron any loss and damage which shall be ,caused by the exercise of the rights granted herein or by any wrongful or negligent act, or anission of the City or of its agents or enployees in the course of their enployneht. 4. Abram reserves; the right to construct sidewalks, retaining walls, Parking lots, landscaping, and other similar irproverents over and arrow the easenent granted herein. Received a B Y Tho 4HN Da P�Ymoni MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 16 e - 2 - Abram represents that they an the real estate abova described and have the right to convey it, or any part thereof. Tae 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 i 1980. SAM S �/may\/J V.CS EY�EMC ., u n I SS. JOHNSON CO= I O7 this day of , 1980, before me, the undersigned, a Notary Public and for said County, in said State, personally appeared Sam Abrams and ibse Abram, husband and wife, to re Newwn to be the identical persona named in and ut o executed the within and foregoing instnaent, and adamledged that they executed the sane as their voluntary act and deed. 46 PUBLIC M AVD R SAID OS7TY AND STATE STATE OF If1=1S I I SS. CDOR COLIN Y I On this Q57 day of, 1980, before urs, the undersigned, a Notary Public in and for County, in said State, personally appeared Gary Abrams and Sandra Abraos, hush" and wife, to mN Ionan to be the identical , persons named in and who executed the within and foregoing instr t, and admowledged that they executed the sane �as� their voluntary act and deed. NC ARY FLIBLIC IN AND NUR SAI AND STATE MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES 1415? \ 4 _—I •-vc„✓r er SAN/TARY JEWEQ EASEMENTS RC/U/Ke �Awgrowisr"tr caxwu EXH/B/T A" LOr / LY. A4 &Ox's J✓OO/v/a/ON O/ OdrtOr /dO.CrNIALY LWE LOT 1 t/MAN G 25COOKY see,/✓/J /oL/ O, q 0✓/LOT IS ,.' f ue• /a a, ,„ ,ve+•sz'zi w n.os' '0 xwu./'•ar G o 'w w00.00. s.00' �•4 �I ,W JO.OI'00'! S e�.AO � zt JVHlA/e.FLY '5 S LOT 5 f •.. S , �C \ 4 R V vor dv COOK'J J✓AOMS/ON N LE00' \ OF Ot/1LOr IS /O/Nr N 0 3 v 0 I \ eCO/JN//M:) MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Exhibit "A" Page 3 of 4 DESCRIPTION OF ENTIRE PARCEL Parr. of Lyman Cook's Subdivision of Outlet. 25, Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat. Sock 4, Page 79, and part of Berry Hill and Pierce Addition to lova City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 12, Page 180, more particularly described as follows: Comnepei ng as a point, of reference at. the Nort.lmesterly corner of Lot 1, Lyman Cook's Subdivision of Outlot 25, as recorded in Johnson County Recorder's Office Plat Book 4, Page 79; thence South 380.00 feet, along the Westerly line of said Lyman Cook's Subdivision to a point of intersection with the Northerly line of. Lot, 5, said Lyman Cook's Subdivision and point, of beginning of tract herein described (this is an assunwd bearing for purposes of this dcserip- tion,only); thence continuing South 463.92 feet to a point of intersection with the Southerly line of Lot 6 Berry Hill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat. Book 12, Page 180; thence South 09" 45' 40" East 41.00 feet along said Southerly line of Lot. 6 Berry hill and Pierce Addition to a point,; , thence North 36" 31' 55" Cast. 425.93 feet to a point; thence East 25.20 feet to a point of intersection with the Easterly line of Lot 1 said Berry Will and Pierce Addition; thence llort.h 00 04' 00" West, 12507 feet along the Easterly line of said Berry Will and Pierce Addition to a point, of intersection with a line 20.00 feet liortheasterly frail as measured at right angles t•o the conterline of the Cliicago, Rack Island and Pacific Railroad Company's Northerly eye track., as shown on plat prepared by Donald L. Slothcwer, Registered Land Surveyor ;;o. 4971, dared January 23, 1970, recorded In the Johnson County Recorder's Office Plat. Ooel: 9, Page 73; thence Ilortlriesterly along said nine parallel with and measured in a Northeasterly direction 20.00 feet perpendicularly from said contertino of the Chicago, Rock Island and Pacific Railroad. Company's Northerly wye track (Chord North 36- 51' 41" hest 91.41 feet) to a point, of Int,er- soct.,on with the Northerly line of Lot 9 said Lyman Cook Subdivision; thence North 09" 52' 37" Must 95.05 feet along said Northerly line of Lot 9 to a paint of intersection with the Westerly line of said Lot 9; MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L" C -.1 m Exhibit "A" Page 3 of 4 thence South 0. 02' 00" East. 77.00 feet to a Point of intcrsecr.ton With the Northerly line of Loi; 5 said Lyman CeOVS Addition ext,onded Easterly; thonco North 09. 52' 37" 'lest 169.76 feet along said Northerly line of Lot 5 and said Northerly line extended Easterly to a Point of beginning, Easement 1 SANITARY SEINER EASUtENT DESCRIPTION Commencing as a point of reference at the Northwesterly corner of Lot 1, Lyman Cook's Subdivision of outlet 25, as recorded in Johnson County Recorder's Office Plat Book 41 Page 79; thence South 380,00 feet along the Westerly line of said Lyman Cook's Subdivision to a Point of intersection with the North. erly line of Lot 5, said Lyman Cook's Subdivision (this is an assumed bearing for purposes of this description only); thence South 89. 52' 37" East 149.76 feet along said Northerly line of Lot 5 and said Northerly line extended Easterly to point of beginning of easement herein described; ce Northerlynlineiextended Easterl to a South 89' 52' 3a 20.00 feet along said Y poo int; thence North 0. 02' 00" IVost 39.00 feet to a point; thence South 89. 52' 37" East 27.00 feet along the line parallel with and measured in a Southerly direction -38.00 feet perpen- dicularly from the Northerly line of Lot 9 said Lyman Cook's Subdivision to a point; thence North 0. 02' 00" lfest 38.00 feet to a point of inter- section with said Northerly line of Lot 9; thence South 89. 52' 37" Last 20.00 feet along said Northerly line of Lot 9 to a point; thence South 0. 02' 00" East 86.00 feet to a point of inter- section with n line parallel with and measul•ed in a Southerly di rgetion 90.00 feet perpendicularly from said Northerly line of Lot 5; thence North 89. 52' 37" Nest 67.00 feet along said line parallel with and measured in a Southerly direction 90.00 feet perpendicularly from said Northerly line of Lot S to a point; thencc North 0. 02' OO" IVost 9.00 feet to a point of inter- section with said Northerly line of: Lot 5 and point of beginnin or easement description herein described. g Easemont 2 Commencing as a point of reference nt the Northi;osterly corner of Lot 1, Lyman Cook's Subdivision of Outlet 25, Iowa City, Iowa as recorded in Johnson County Recorder's Office, Plat Book 4, Page 79; . MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 11 4- Exhibit "A" Page 1 of 1 thence South 380.00 feet along the h'esterly line of said Lyman ' Cook's Subdivison to a point of intersection with the Northerly line of Lot 5, said Lyman Cook's Subdivision and point of beginning of easement herein described (this is an assumed bearing for purposes of this description only); thence continuing South 365.00 feet to a point; thence South 89° 52' 37" East 15.00 feet along a line oarallol with and measured in a'Southe rly direction-365.00 feet perpen- dicularly from said Nortlic rly line of Lot 5 to a point; thencerly line of Loc S; on with said North 365.00 feet to Northea point of intersection - j thence North 890 s2' 37". Nest 15.00 feet along said Northerly line of Lot 5 to point of beginnine e£ rr RESOLUTION NO. 81_291 RESOLUTION STATING THE DESIRE OF IOWA CITY, IOWA, THAT THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS BE DESIGNATED THE METROPOLITAN PLANNING ORGANIZATION. WHEREAS, as a result of the 1980 Census the United States Census Bureau has designated Iowa City and its surrounding densely developed area an Urbanized Area, WHEREAS, the United States Code requires that a Metropolitan Planning Organization be designated by the Governor of Iowa for the purpose of carrying out urban -wide transportation planning requirements, WHEREAS, the City of Iowa City has entered into an agreement with other jurisdictions in the Iowa City Urban Area establishing the Johnson County Council of Governments and is a member of said organization, NOW THEREFORE BE IT RESOLVED, that the City Council of Iowa City, Iowa, desires that the Johnson County Council of Governments be designated the Metropolitan Planning Organization for the newly established Iowa City Urbanized Area. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer z Erdahl } x Lynch x Neuhauser (( x Perret x Roberts x Vevera Passed and approved this 10th day of November 1981• i ff �DIAYOR f ATTEST: CITY CLERK Received & Approved sy The Legal Department ii MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i - 4' .1 i Johnson Cc' Ity Council of Govern— is 410 EVWshing[ona bvvo City lows 52240 r r / o Date: November 3, 1981 To: Iowa City City Council & City Manager Coralville City Council & Mayor i Johnson County Board of Supervisors From: John Lundell, Transportation Planner i Re: Resolution Concerning MPO Designation I The Iowa Department of Transportation has requested that jurisdictions within the Iowa City Urban Area pass a resolution j stating their desire that the Johnson County Council of Governments be the Metropolitan Planning Organization (MPO) for transportation planning issues. Upon passage of this resolution by each ,jurisdiction the Governor of Iowa will be requested by the Iowa DOT to designate JCCOG as the MPO. The appropriate resolution is included in your meeting packet. Should you have any questions please feel free to call me. Thank you. tpl/9 cc: Don Schmeiser MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES /(6 D 1 I 1 f 1 4. 11) may, i f/ L.'. RESOLUTION NO. 81-292 RESOLUTION APPROVING FY '83, '84, '85, '86, '87 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1982, TO JUNE 30, 1987 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1982, to June 30, 1987, be approved. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 10th day of November , 1981. Mayor`' ATTEST: iLf City Clerk j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Received & Approved By The Le al Department i� F 11; lows Depmmenl of TnmDorttlron Form 220D01 549 A OFFICIAL STREET CONSTRUCTION PROGRAM FOR ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES - Pop. 5,000 & over (five-year comprehensive) CITY Iowa City COUNTY Johnson FROM JULY 1, 1982 TO JUNE30, 1987 e t Abbie Stolfus city clerk of the City of Iowa City , do hereby certify that the city council has by resolution approved this official report as Its fiscal July 1, 1982 to June 30, 1987 oneyearllive•year comprehensive Street Construc• tion Program this Month Day , Year Clty Clerk nuutc awllu� r i>un.ir - ✓vtrtir-caa� Mailing Address 410 E. Washington Street Iowa City, Iowa 52240 Daytime Phone No. (319)356-5041 Hours Available 8:00 a.m. - 5:00 p.m. (At., Coeel _ MEMBERS OF THE COUNCIL John Balmer Clemens Erdahl Larry Lynch Mary Neuhauser David Perret Glenn Roberts Robert Veyera Cities -Pop. 5,000 & over shall file, on or before December 1 of each year, two copies of this report with the Iowa Department of Transportation. Cities -Pop. 1,OD0-0,999 shall file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. DISTRIBUTION: white • OIIIte et Tnnspen im In,q Y.IIo. • Cllr Copy; RIM • OWN= T,.mponenpn 19anne, I MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS - DES MOINES 0 FOHM ]71100] OHO STATE TYPE OF CONSTRUCTION FUNCTIONAL 1, RIGHT OF WAY JLASSIFICATION J. GRADE AND DRAIN 0/ ARTERIAL EXTENSION 0. PAVE 05 ARTERIAL CONNECTOR EXTENSION c. RECONSTRUCTION 06 TRUNK 1 EXT. OF 5. PAVEMENT WIDENING 07 TRUNK RURAL a RESURFACING COLLECTOR SY57EMS 7. SHOULDER WIDENING 10 MUNICIPAL ARTERIAL B SURFACE RESTORATION SYSTEMS O. BRIDGE OR CULVERT ONLY 11 MUNICIPAL COLLECTOR 10. INTERSECTION LIGHTING SYSTEMS 11. STREET LIGHTING 17 MUNICIPAL SERVICE It. MISCELLANEOUS SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 82 To June 30, 19 87 Pop. 1,000.4,999 [I1 year program Pop. 5,G00 i over M 5 year program a R.U.T.4 r SHEET I OF 2 CITY Iowa City I COUNTY Johnson i nMUltnillun: WhII, -Office of TMn,. Inv; Yellow . CIIY COPY Pink . DI,IfNI Pl,nn,f MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES TOTAL` PROJECT LIMITS STATE FUNC. EXISTING TYPE OF PROJECT LENGTH ESTIMATED COST FROM TO Fly PJ. NO.. PRO STREET NAME CLASS. SURFACE CONSTR. (MILES) (DOLLARS) 83 1 Highway N1 West City Limits dwy #6, 218, 8 1 04 P.C.C. 1,2,3 1.40 (City share�t 440,000 �.. Improvements Intersection 83 2 Benton/Riverside Intersection 10 P.C.C. 1,4,10 0.30 (Cit 800000e) 83 3 Iowa Avenue Bridge at I wa River 10 P.C.C. 9 0.10 960,000 83 4 Dubuque Street Park Road Iowa Avenue 10 Asphalt 6 0.70 300,000 83- 5 Asphalt Resurface (miscellane us locations) 10,11,12 P.C.C. 6 Unknown 300,000 510,500, 00 87 or 83- 6 Street and (miscellane us locations) 10,11,12 4 Unknown 5 @ 100,000 500,000 87 Curb Repair or P.C.C. 83 7 Governor/Burling- Intersection 10 NA 10. NA 24,500 ton Signalization 84 8 Burlington Street Bridge at I wa River 10 P.C.C. 9 0.10 '. 1,106,000 84 9 Dubuque Street Washington Street Iowa Avenue 11 Asphalt 8 0.10 175,000 84 10 Clinton Street Washington Street Iowa Avenue 11 Asphalt 8 0.10 125,000 84 11 Linn Street Burlington Street Washington Street 11 Asphalt 4 0.20 250,000 nMUltnillun: WhII, -Office of TMn,. Inv; Yellow . CIIY COPY Pink . DI,IfNI Pl,nn,f MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES FORM 730101.180 STATE TYPE OF CONSTRUCTION FUNCTIONAL 1. NIGHT OF WAY JLASSIFICATION 7. GRADE AND DRAIN OA ANTERIAL EXTENSION 3. PAVE 05 ANTERIAL CONNECTOR EXTENSION 4. RECONSTRUCTION 01 TRUNK tEXT. OF 5. PAVEMENT WIDENING 01 TRUNK RURAL 1. RESURFACING COLLECTOR SYSTEMS 7. SHOULDER WIDENING 10 MUNICIPAL ANTERIAL B. SURFACE RESTORATION SYSTEMS B. BRIDGE OR CULVERT ONLY Il MUNICIPAL COLLECTOR 10. INTERSECTION LIGHTING SYSTEMS 11. SWEET LIGHTING 13 MUNICIPAL SERVICE 13. MISCELLANEOUS SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19.$2— To June 30,19-AZ-- Pop. 0,19-ALPop. 1,000. 4,909 01 year program Pop. 5,000 L over IN 5 year program .-7 R.U.T. 4 SHEET 2 OF 2 CITY Iowa City COUNTY Johnson FN PROD. NO. STREET NAME PROJECT LIMITS STATE FUND. CLASS. EXISTING SURFACE •TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 86 12 Camp Cardinal Rd. Bridge at Lear Creek 12 Timber 9 NA 290,000 • i I t • !I niNrlNullon: WNIH • Office of Tum. Inv.; Yellow • CITY COPY: Pink • DI,INCI Planer MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES 1101NES i i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES By The Legal Dopa"n'"t 'y— I —.7 1 RESOLUTION NO. 81-293 RESOLUTION AMENDING THE AUTHORIZED PERMANENT POSITIONS IN THE PLANNING AND PROGRAM DEVELOPMENT DEPARTMENT. WHEREAS, Resolution 81-45 adopted by the City Council on March 10, 1981 establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, elimination of the Development Programs Division will create changes in staff assignments and in the level of job classification required, and WHEREAS the amendment to the authorized permanent positions will not require additional funding in the FY82 operating budget. i NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the authorized positions in the Planning and Program Development department be amended as follows: 1. Deletion of: 1 Development Programs Coordinator 1 Planner I position 2. Addition of: 2 Planner II positions It was moved by, Lynch and seconded by Neuhauser Troll the Resolution be adopted, and upon there were: AYES: NAYS: ABSENT: I x Balmer x Erdahl x Lynch _— x Neuhauser x Perret x Roberts € x Vevera F Passed and approved this 10th day of November 1981. r i. t k YOR ATTEST: i CITY CLERK Recaived & App,ovcd i i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES By The Legal Dopa"n'"t 'y— I —.7 ',City of Iowa Cif= , MEMORANDUM Date: November 5, 1981 To: City Council From: Human Relations Director I L Re: Personnel Manuals Early in 1975 the City Council adopted the Personnel Rules and Regulations now in existence. This manual included pay plans, benefits, procedures and policies specific to 1975 which have since been outdated, primarily through the collective bargaining process and by action of the City Council. The manual encompassed 44 pages - not conducive to readability and retention by the average employee. The Human Relations Director has revised and updated the Personnel Rules and Regulations to make them compatible with these changes and consistent with collective bargaining agreements and current practice. During this process three separate manuals were created as follows: 1. Personnel Policies 2. Administrative and Confidential Employees Rights and Benefits 3. Human Relations Department Procedures. All three manuals are enclosed for your information. The subjects covered in the Administrative and Confidential Employee Rights and Benefits manual and the Human Relations Department Procedures manual generally have been previously approved by the City Council and will continue to be addressed as yearly budget items and pay plans or represent administrative policy. Therefore, these two manuals do not require your approval and will be approved by the City Manager. However,. the Personnel Policies will require approval of the City Council and repeal of the existing Personnel Rules and Regulations. A resolution covering these actions appears on the Council agenda for November 10. If you have any questions the City Attorney, the City Manager and I will be pleased to discuss this with you at an informal session. Personnel Policies This manual replaces the existing Personnel Rules and Regulations. It contains many areas of City policy in relation to its employees - Equal Opportunity/Affirmative Action, sexual harassment, discipline, safety, employee assistance; requirements regarding employee conduct - public relations, appearance, conflict of interest, political activity; and areas of employee rights - Civil Service protection, labor relations, access to personnel files, job descriptions, etc. All of the areas covered apply equally to all employees without conflicting with any subjects covered by collective bargaining agreements, or the specifics of /".150 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V,- 2 r.y benefits, or procedures that are subject to frequent change. This manual would be distributed to all City employees. Administrative and Confidential Employee Rights and Benefits This manual provides, for those employees not subject to the bargaining process, information similar to that found in the City's collective bargaining agreements. It contains specific information regarding benefits and their use, leaves of absence, hours of work, salary informa- tion relating to the administration of merit increases, and a grievance procedure modeled on that found in the Affirmative Action Policy. This manual was designed to be updated frequently as specifics change and will eliminate the problem of administrative and confidential employees having to rely on the AFSCME contracts for information in a number of these r, areas. This manual will be distributed to all administrative and confidential employees. Human Relations Department Procedures a This manual describes specific Human Relations Department operational s procedures and is a "how to" manual: steps to be taken in hiring, discipline, compensation adjustments, etc. The procedures are specific to each bargaining unit, where necessary. This manual will be distributed to all supervisory employees and will be accessible to all City employees. I bj5/2-3 /bGS' MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES MOINES i V - CITY OF IOWA CITY PERSONNEL POLICIES I Approved by Resolution of City Council I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 !`1 November 1981 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 !`1 November 1981 Safety. . . . . . . . . . . . . . . . . . . . . . . . . 8 Conflict of Interest . . . . . . . . . . . . . . . . . . 8-9 Employment Gifts Impartiality Use of Information Use of Public Property Political Activity . . . . . . . . . . . . . . . . . . . 9-10 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 1401NES 4 TABLE OF CONTENTS Purpose . . . . . . . . . . . . . . . . . . . . . . . . . 1 Administration . . . . . . . . . . . . . . . . . . . . . 1 Equal Employment Opportunity/Affirmative Action. 2 General Policy Sexual Harassment Complaint Procedure Labor Relations . . . . . . . . . . . . . . . . . . . . . 2-3 Civil Service Coverage . . . . . . . . . . . . . . . . . 3 Rights and Benefits Appeal Rights Employee Relations and Conduct . . . . . . . . . . . . . 3-4 Public Relations Appearance -Grooming Supplemental Employment Education Religious Holidays Employee Assistance Program . . . . . . . . . . . . . . . 4-5 Referral Service Substance Abuse Discipline . . . . . . . . . . . .' . . . . . 5-6 Disciplinary Measures Causes for Discipline Personnel Transactions . . . . . . . . . . . . . . . . . 6-8 Personnel Files Job Description Position Classification Probationary Period Promotions Employment of Relatives j Termination of Employment Resignation Retirement Exit Interview Safety. . . . . . . . . . . . . . . . . . . . . . . . . 8 Conflict of Interest . . . . . . . . . . . . . . . . . . 8-9 Employment Gifts Impartiality Use of Information Use of Public Property Political Activity . . . . . . . . . . . . . . . . . . . 9-10 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 1401NES 4 r-, PURPOSE The purpose of this manual is to set forth the policies by which all personnel -related decisions, made by either supervisor or employee, will be guided. A policy is not a rule or a procedure - specific rules and procedures may be found in negotiated labor contracts and in operating procedures published by the Human Relations Department and other City departments - but rather a guide to thinking and decision-making. These policies define the area within which decisions should be made, and guarantee that the decision made will be in line with overall City goals regarding employee relations. Policies provide for necessary flexibility within a framework of guidance that will assure consistency in personnel decisions. ADMINISTRATION These policies shall cover all City employees, except that temporary employees may not be covered by all provisions. Iowa City Public Library employees are excluded. Questions of interpretation should be addressed to the Human Relations Department. The City Manager or designee shall be responsible for the final interpretation of the application of these policies to issues which are not specifically covered by using the principles expressed herein as a guide. All permanent employees of the City shall be furnished a copy of the City Personnel Policies upon appointment, and shall be advised of any changes or amendments. /6 4jt' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION General Policy As established in the Affirmative Action Policy of the City of Iowa City, it is the policy of the City to provide equal employment opportunities for all employees or potential employees of the City regardless of race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job performance. This impartial judgment shall extend into all areas of personnel administration. Sexual Harassment Sexual harassment is a form of employee misconduct which undermines the integrity of the employment relationship. Sexual harassment is deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of an intimate sexual nature which are unwelcome to the recipient. Sexual harassment can take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. Sexual harassment can also take the form of conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment is unacceptable conduct in anyform, and can be a basis for a sex discrimination charge. Employees who engage in sexual harassment can expect serious disciplinary action. All City employees have an affirmative duty to prevent sexual harassment in the workplace by producing an environment that exposes and discourages sexual harassment of all kinds. Complaint Procedure The City is receptive to receiving complaints of sexual harassment or denial of civil rights and appropriate action will be taken. Employees charging sexual harassment or denial of their civil rights may use grievance procedures outlined in the City's Affirmative Action Plan or may appeal informally to appropriate and impartial supervisors and to the Human Relations Department. LABOR RELATIONS The City recognizes its duty to bargain collectively only with those employee organizations certified by the Public Employment Relations Board as provided by State law. Pursuant to this requirement, the duties, obligations, and rights of the City and each -certified employee organization are set forth in the collective bargaining agreements /66.5r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES c F 3 mutually entered into between the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. CIVIL SERVICE COVERAGE All City employees appointed to permanent positions are eligible for civil service status with the exception of the positions of: City Manager, Assistant City Manager, the Directors of Finance, Human Relations, Public Works, Housing and Inspection Services, Planning and Program Development, Parks and Recreation, and the directors of any other City department as may be created by an ordinance of. the City Council; City Attorney, Assistant City Attorneys, City Clerk, Deputy City Clerk, and City Engineer. Riqhts and Benefits Applicants for entry level or promotional positions will be tested through impartial examinations which fairly test each applicant's ability to I perform in the position. Examinations may consist of oral interviews, written, practical or physical examinations as are appropriate to the position. Appeal Rights An eligible employee, following completion of probation, who is suspended, demoted or discharged may appeal the disciplinary action to the Civil Service Commission and will be entitled to a hearing before the Civil Service Commission. Appeals shall be filed with the Clerk of the Commission and must be filed within 20 days of occurrence of the action contested. EMPLOYEE RELATIONS AND CONDUCT The work of every employee is important. On-the-job performance has an effect on the employee's success with the City of Iowa City, as well as having an effect on the quality of service to the citizens of Iowa City. Employees have a right to expect fair treatment, fair compensation, and individual consideration from the City and in return, employees are expected to work diligently towards achieving the high standards of public service desired by Iowa City citizens. Public Relations It is the responsibility of each employee when dealing with members of the public to act in a courteous, responsive, and prompt manner. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES /66Je 4' Appearance -Grooming Employees are expected to maintain personal appearance and a level of grooming which is considerate of other employees, and projects an image which inspires the confidence of citizens and others with which the employee must associate in the course of work. Employees are also required to adhere to safety and health standards. Supplemental Employment Supplemental employment engaged in outside of regular City working hours must in no way interfere or conflict with the satisfactory performance of City duties. No employee is to conduct any supplementary employment during regular working hours unless authorized leave has been approved in advance. Supplemental employment is not encouraged. Education Advance approval from the City Manager is necessary for an employee to engage in any educational effort during normal working hours, other than that which may be provided by the City. Consideration of the request will be based upon the direct benefit to the City, and a demonstrated ability of the employee to effectively carry out the responsibilities of his/her position. Employees are encouraged to schedule educational programs outside of regular hours whenever possible. Approval of any educational effort during regular working hours will be the exception. Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays. Personal leave days, accrued vacation time, compensatory time, or unpaid leaves may be used to cover absences. EMPLOYEE ASSISTANCE PROGRAM Referral Service Employees who believe that they may have a work or personal problem which affects job performance, which may be helped by professional treatment or counseling, are encouraged to seek treatment or counseling. Supervisors are encouraged to refer employees demonstrating poor job performance which may be improved by counseling. The City provides a voluntary referral service for employees with personal problems. Interested employees may contact the Human Relations Department and all requests and referrals will be treated in a confidential manner. Substance Abuse (Alcoholism and Drugs) All City employees are eligible for treatment and rehabilitation for alcoholism, problem drinking or substance abuse through the City's 16650, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ',:_ 5 referral service and other available community resources. Alcoholism or drug addiction as illnesses are not causes for discipline, but if assistance is offered and job performance is not raised to an acceptable level, disciplinary action will be taken. Nothing in this section relieves employees of responsibility for conduct on the job. DISCIPLINE Disciplinary Measures The responsibility of the City to maintain efficient operations occasionally may require taking disciplinary action against employees. The objective of disciplinary action is to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary action against employees will be taken only for just cause. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. Causes for Discipline The following list is illustrative of, but not limited to, the types of behavior for which disciplinary action may be taken. 1. Insubordination constituting a serious breach of discipline. 2. Being under the influence of narcotics or alcohol on the job, or possessing narcotics or alcohol on the job. 3. Wilful] violation of departmental rules. 4. Incompetency, inefficiency, or negligence in the performance of duty. 5. Acting in a careless or negligent manner with monies or property of the City. 6. Activity which involves conflict of interest. 7. Falsification, alteration, deletion of required information, or lack of inclusion of material information on any application or City record. 8. Operating City equipment or vehicles without proper license or permit. 9. Conviction of a crime which cirsts doubt on the ability of the employee to perform the job effectively. 10. Abusive or improper treatment during the performance of duty to any member of the public, fellow employee or city official, including MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES M46S harassment on the basis of race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability. 11. Disregard for safety policies and procedures including proper use of safety gear, clothing or equipment. 12. Failure to maintain a satisfactory attendance record. PERSONNEL TRANSACTIONS Personnel Files It is the policy of the City of Iowa City to permit access by all City employees to their own personnel files and to provide for correction of any erroneous information maintained in such file. Access to these files and the information contained in them will be limited to authorized personnel. Only information related to job performance or business necessity will be maintained in these files. City employees will be permitted access to their personnel files during normal office hours in the Human Relations Department and in their own department. Employees will be permitted to examine , take notes and make copies of any details contained in their file. Employees wishing to examine their files must have the permission of their supervisor or department head to leave the job. A member of. the Human Relations Department or own department staff must be present during this examination. An employee may request correction of any alleged misinformation contained in these files. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep their personnel files up-to-date with all job related information such as degrees obtained, seminars attended, and certificates of completion. Job Description A job description will be developed and periodically reviewed for each position. Copies of job descriptions will be maintained in all depart- ments and in the Human Relations Department and are available for employee review. Position Classification All positions are classified according to job duties, responsibilities, entry requirements and departmental needs. A major change in any of these factors may necessitate a change in job classification. Requests for review of a job classification may be addressed to the Human Relations Department by any employee or supervisor, or may be initiated by the Human Relations Department during periodic classification reviews. 46 01-T MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES a._ Ir - Probationary Period All new or promoted permanent employees will serve a probationary period to be specified upon appointment. The probationary period shall be utilized for closely monitoring employees' work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance at any time during this period does not meet the required standards. Employee performance will be formally evaluated at the completion of the probation period. Promotions Among equally qualified applicants, permanent City employees will receive preference in fob appointments. Employment of Relatives No person shall be employed, promoted or transferred to a department of the City or to a division thereof when, as a result, he/she would be supervising or receiving supervision from a member of his/her immediate family. Members of immediate family for the purpose of this section are defined as: employee's spouse or partner by cohabitation, children, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents, uncles, aunts, nieces, nephews, and first cousins. When any of the above relationships is created by marriage (or cohabitation) following employment, reasonable efforts will be made to transfer one of the employees. Affected employees will first be given the option of deciding which will transfer. If no indication is given, seniority will be the governing factor and the least senior employee will be subject to transfer. Termination of Employment Resignation Every permanent employee is expected to give at least ten working days notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Retirement Generally, employees will retire when they are no longer able to work as a result of age or disability or at 70 years of age, whichever comes first. Employees in the Police and Fire Departments will retire in accordance with provisions of the laws of Iowa. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES AO4,45 F Upon written application of the employee, the City Manager may temporarily appoint persons beyond the maximum age of retirement on a year-to-year basis if the manager determines that they are qualified to work. Exit Interview All terminating employees are asked to participate in an exit interview through which they are asked to comment about their employment experience with the City. SAFETY All City employees shall be responsible for implementation of job assignments in the safest manner possible. Prime consideration will always be given to the safety of the employee and the general public. Employees shall not be required to work in areas or to operate equipment which is a safety hazard to themselves or the public. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Employees who act in a manner which endangers the safety of others are subject to disciplinary action. Employees will be thoroughly advised, instructed, and supervised in necessary safety policies, practices, and procedures. CONFLICT OF INTEREST City employees are prohibited from engaging in any conduct which could be construed to represent a conflict of interest. Employees must avoid any action which might result in or create the appearance of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting City business. If an employee determines that he or she has an outside interest which may be affected by City of Iowa City plans or activities, or result in a conflict of interest, the employee must immediately report the situation to his or her department head. Violation of any provisions of this section may be cause for discipline or discharge of the employee. Employment City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest on any supplemental job. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES L., /6 65 4. I 9 City employees may not work for or invest in business concerns with whom they must deal in the course of their employment with the City. Gifts City employees are prohibited from soliciting or accepting any gifts, gratuity, favor, entertainment, loan or any other item of monetary value for personal benefit under circumstances which directly or indirectly involve improper influence upon the manner in which the employee performs work, makes decisions or otherwise discharges duties as a City employee. City employees will not accept any payment, other than that which is provided by the City, for work performed on behalf of the City. Impartiality No City employee may grant or make available to any person any consider- ation, treatment, advantage or favor beyond that which it is the general practice to grant or make available to all citizens. City employees must not secure special privilege or exemption for themselves or their relatives beyond that which would be available to all citizens. Use of Information Employees must not use privileged information for their own financial advantage or disclose information which would provide friends and acquaintances with financial advantages. Each employee is charged with the responsibility of ensuring that he or she releases only information that may be made available to the general public. Use of Public Property No City employee shall request, use or permit the use of any publicly owned property, vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the personal convenience or advantage of the employee or any other person except for that use which is generally available to the public. POLITICAL ACTIVITY City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws- and to ensure that the City will operate effectively and fairly, some guidelines are necessary: Acceptable Activites 1. An employee is free to express honest opinions and convictions or make statements and comments concerning wages or other conditions of employment. laaF,50 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES f,:- ZO 2. An employee is free to actively participate politically in both partisan and non-partisan activities on off-duty time so long as the following restrictions are adhered to (see below). 3. An employee whose position is not federally funded is permitted to be a candidate for a funded employee may partisan be acandidate non-partisan t orasnon-partiswhile federally non-partisan 4. An employee has the right to vote as he/she chooses and to express his/her opinions on political subjects and candidates. Restrictions 1. An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason of his/her position, solicit in any manner contributions for any political party or candidate or engage in any political activity. 2. An employee shall not, by the authority of his/her position, secure or attempt to secure in any manner for any other person an appointment or advantage in appointment to a position or an increase in pay or other advantage of employment for the purpose of influencing the vote or political action of that person. 3. An employee who in any manner supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate seeking election, or a political party or a candidate's political committee. 4. An employee who becomes a candidate for any elected public office shall, upon the request of the employee and commencing anytime within 30 days prior to a primary, special, or general election shall automatically be given a leave of absence without pay. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES .1 /665 V„ 7 HUMAN RELATIONS DEPARTMENT PROCEDURES MICROFILMED BY JORM MICRO_ LAB 'CEDAR RAPIDS -DES MOINES i Human Relations Department Procedures Table of Contents Introduction 1 Hiring Procedures - Permanent Employees 2 Hiring Procedures - Temporary Employees 6 New Employee Orientation 8 Termination of Employment 9 Disciplinary Action 10 Position Classification - Reclassification 12 Salary Plan Administration 14 Maintenance of Salary Ranges 14 Payroll Change Form 14 Compensation Adjustments 14 Hiring Salaries 14 Probationary Increase 16 Merit Increase 17 Bonus System 18 Transfer 19 Transfer Across Bargaining Unit Lines 20 Acting Appointment 20 Promotion 21 Demotion 21 Reclassification 22 j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES .-I /64,5 _i HUMAN RELATIONS DEPARTMENT PROCEDURES INTRODUCTION This document has two purposes: to serve as a working guide for supervisors and employees in the day -today administration of City personnel procedures, and to ensure that procedures will be administered on a uniform, non-discriminatory and equitable basis. While primarily intended for supervisors as a guide to Human Relations Department procedures and practice, this manual will also be available to individual employees requesting information. The Human Relations Department strives to provide service and guidance without unnecessarily hindering the operations of other City departments and divisions. Please let us know if we may provide any additional assistance not specified in these procedures. On occasion, the best interests of the City are served by deviation from these established procedures, which may be approved, upon request, by the Human Relations Director.. The City Manager or designee shall be responsible for the final interpretation of the application of these procedures to issues which are not specifically covered by using the principles expressed herein as a guide. This document should be read in conjunction with the Personnel Policies of the City and negotiated labor contracts. Questions of interpretations should be addressed to the Human Relations Department. These procedures were authorized by the City Manager on November 1981. AA0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES HIRING PROCEDURES Permanent Employees The following procedures should be followed when hiring permanent employees: 1. Notice of Position Vacancy When a vacancy occurs in your department/division a "Notice of Position Vacancy" form must be completed and routed through the Human Relations Department and the City Manager's office for approval to fill the position. Position Requirements Minimum requirements of the position will be posted in a job announcement. The Human Relations (HR) Department staff will review and update minimum requirements prior to posting. 3. Internal Posting All positions subject to union contract or Civil Service provisions will be posted internally for a minimum of five working days. All current City employees.who have completed the required probationary period may apply for the vacant position during this period however, if the opening is a promotion any employee regardless of completion of probation period may apply. Temporary employees may also apply. 4. External Posting If no internal applicants are available and/or qualified, or simul- taneous interviewing of internal and external applicants is desired, the position will be advertised to the public. Hiring departments will be asked to recommend advertising sources. Costs of advertising are paid by HR Department, except for some federally funded positions. 5. Screening of Applications After the closing date, the HR Department will screen all applications to determine possession of the qualifications necessary for successful job performance and forward qualified applications to the hiring department for review. All internal applicants will be forwarded to hiring department. 6. Interview Format Before interviews are conducted the hiring supervisor must develop a structured interview format and submit it for approval of the HR Director. The Human Relations staff will assist departments in developing and conducting structured interviews, as requested. A4� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 3 A structured oral or written interview has the following characteristics: a. The knowledge, skills and abilities most necessary for successful job performance are identified and questions are designed to assess the degree to which the applicant possesses these knowledge, skills and abilities. b. The design of the interview may include: Job knowledge/experience questions - These questions assess job knowledge or experience tat is both essential to job performance and must be possessed prior to entering the job, e.g.,Please describe your experience in budget preparation..." Hypothetical situation questions - i.e. "You have just received a phone ca rom an irate citizen..." Job sam le/simulation - Applicant performs example duties from the job- keypunching, drafting, completing forms, preparing an investigative report, operating a piece of street maintenance equipment, etc. Worker requirement questions - May include questions on the applicant's willingness to work in various environmental conditions, perform repetitive physical work, travel, etc. These types of questions will typically be asked as the charac- teristics and duties of the job are explained at the beginning of the interview, and also may serve as a realistic job preview for the applicant. C. Prior to the interview, the interviewer(s) should develop and agree on the most appropriate answer to interview questions and be sure that applicant's answers are rated on their relation to the knowledge, skills, and abilities required, and that raters are consistent in their evaluation of responses. d. Each applicant is asked every question, and questions are phrased consistently for all applicants. e. Applicants are evaluated using a previously prepared and written format. Notations of applicant's answers to each question are made during the interview, and they are evaluated using a point scale - i.e. 5 - very good, 3 - satisfactory, 1 - does not meet standards. 7. Interviews The hiring department may contact and schedule interview appointments for the applicants determined by the hiring department to be most qualified. /0,45 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 Internal applicants who meet the position qualifications must be interviewed. Internal applicants who do not meet the minimum requirements for the position should be notified and advised of deficiencies in qualifications. B. Criteria for Selection Affirmative Action Goals: The City is committed to the provision of equal employment opportunity for all employees or potential employees of the City without regard to race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability except where age, sex, or physical ability constitute a bonafide occupational qualification necessary for job performance. The City may hire qualifiable persons when the goals of Affirmative Action may be advanced. Qualifiable persons are those who have demonstrated adequate potential to meet job requirements but who lack some aspect of training or experience. However, no person shall be hired who cannot, through training, attain the expected level of job performance within a reasonable period of time. Seniority Seniority will be considered for internal applicants as is required by union contract. Refer to the applicable union contract for details. Residency Residency requirements may be established for particular positions and enforced at the time of initial employment. Any residency requirement will be specified in the job announcement. Veterans Preference As specified by the Iowa Code - Civil Service - Iowa residents who are qualified veterans honorably discharged from the United States military or naval forces whose service was within the periods specified by Iowa law, shall be hired first from any entry level certified Civil Service list. To be eligible for this preference military service must have occurred: Between December. 7, 1941 and December 31, 1946 (WW II), or /6015 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4_� Between June 25, 1950 and January 31, 1955 (Korean Conflict), or Between August 5, 1964 and May 7, 1975 (Vietnam Conflict). 9. Civil Service Certified Lists For positions covered by Civil Service two lists of up to ten qualified external applicants each may be compiled for future hire. When a certified list exists, applicants may be hired, Without further advertising, from the list after internal posting procedures, if required, are accomplished. The appointing authority may hire any applicant from the certified list however, qualified veterans must receive preference in appointment. 10. Reference Checks Hiring authorities are urged to check references and credentials prior to extension of a job offer, as this information may often prevent expensive hiring mistakes. The reference check should attempt to verify information contained in the application or resume or related in the applicant's interview concerning previous job duties and the level of their performance, skill level, work habits, academic credentials andother areas related to the City position for which the applicant is being considered. Preferably information should be obtained from persons having had direct experience with the applicant's work performance. Please contact the Human Relations Department if assistance is required. 11. Job Offer - Salary Before extending any salary offer to a candidate, which is above the minimum of the salary range, concurrence of the Human Relations Director is necessary. 12. �pointment Procedures The department head must complete a "Payroll Change" form and forward it to the HR Department prior to the new employee's start date. (See also Employee Orientation.) I 13. Notification of Applicants Following Interview The following materials should be forwarded to the HR Department following selection of the new employee: applications sent to hiring department, notation of applicants interviewed and to be certified, copy of completed interview forms, and one blank interview form. It is preferable that the hiring department contact all applicants who were interviewed. The HR Department will notify all other applicants of their current status. /0A 5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4" HIRING PROCEDURES Temporary Employees The following procedures should be followed in hiring temporary employees: 1. Notice of Vacancy When a temporary vacancy occurs in your department/division a "Notice of Position Vacancy" form must be completed and a notice attached which should include a brief summary of job title, duties, hours of work, education or experience requirements, rate of pay, number of positions to be filled, and a desired length of posting. 2. Posting The temporary opening will be posted in the HR Department and regular referral sources will be contacted to recruit applicants. Hiring departments may continue to contact, or advise us to contact, those recruiting sources used in the past. Applications will only be accepted in the Human Relations Department. 3. Screening of Applications If requested by the department, applicants will be screened by the Human Relations staff for possession of the requirements necessary for successful performance, prior to forwarding the applications to the department for interviews. 4. Hiring Lists Following interviews, supervisors are encouraged to compile a list of those applicants most qualified to fill the position. As vacancies arise, applicants may be hired, without re -posting, however, a "Notice of Position Vacancy"form should be submitted prior to the vacancy being filled. Reference Checks Hiring authorities are urged to check references and credentials prior to extension of a job offer, as this information may often prevent expensive hiring mistakes. The reference check should attempt to verify information contained in the application or resume or related in the applicant's interview concerning previous job duties and the level of their performance, skill level, work habits, academic credentials and other areas related to the City position for which the applicant is being considered. Preferably information should be obtained from persons having had direct experience with the applicant's work performance. /6 65 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Id DINES F 7 Please contact the Human Relations Department if assistance is required. 6. Appointment Procedures The department head must complete a "Payroll Change" form and forward it to the HR Department prior to the new employee's start date. 7. Notification of Applicants The hiring department must contact all applicants who were interviewed. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES• MOINES r s• - n NEW EMPLOYEE ORIENTATION Permanent Employees 1. During the employee's first work week the immediate supervisor shall: a. Make an appointment for the employee with the Human Relations staff Personnel Generalist. b. Review with the employee the "Employee Checklist" furnished by the Human Relations Department which details City personnel policies, rules and procedures, support services provided by the City, and job related information necessary for successful job performance. 2. The Human Relations Personnel Generalist will: a. Review all City benefits and insure that all necessary forms are submitted. b. Make an appointment for a medical exam with the City physician who will verify that the employee possesses any physical capabilities necessary for job performance. Employees who do not possess the required capabilities may be subject to transfer or termination if accommodation to their physical limitations is not possible. C. Issue the employee an I.D. card. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES X665 - 4. J. ,-IN t TERMINATION OF EMPLOYMENT At least one week prior to termination date, when possible: 1. Send Payroll Change form to Human Relations Department and attach a copy of resignation letter if supplied. 2. Schedule an exit interview with the Human Relations Department or advise the employee to do so. (Permanent employees only) The exit interview should be held within the last three days of employment. On employee's last day: 1. Check in all uniforms, keys, equipment, City property, etc. in the employee's possession. 2. Inform the employee that: a. His/her last payroll check will be issued on the regular payday and that forwarding arrangements should be made. b. The termination check which is payment for accrued benefits will be issued with the last paycheck. c. Medical insurance coverage paid by the City will extend to the end of the month in which termination is effective, e.g., if the employee terminates August 5, 1981, insurance coverage will extend until August 31, 1981. f Former employees are not eligible to continue coverage under the City group BC/BS plan. However, the employee may continue BC/BS coverage on an individual basis. (Consult the local BC/BS office for specific details). El. Life insurance coverage provided by the City terminates on the employee's last day of employment. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES /645 I 10 DISCIPLINARY ACTION Permanent Employees 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 following order: 1. oral reprimand 2. written reprimand 3. suspension 4. discharge Serious violations may be dealt with by any of the above disciplinary measures on the first offense. The following procedures must be followed in taking disciplinary action. In all disciplinary action the department head or supervisor shall keep a written record of all employee and employer actions and responses. The department head or supervisor shall also fill out the "Disciplinary Action "form furnished by the HR Department which indicates the type of action taken and the reasons for such action. A copy of the completed form should be forwarded to the Human Relations Department. I. Oral i If the action is an oral reprimand the Human Relations Department copy of the D.A. form will be placed in the Discipline log with a notation in the employee's file. (See applicable collective bargaining agreements) 2. Written If a written reprimand is warranted, the supervisor or department head shall provide a copy of the D.A. form to the employee. The D.A. form may be supplemented by a memo to the employee informing him/her more specifically of the action and reasons for it. The D.A. form or other written notice should inform the employee that this action will be recorded in the employee's personnel file. Also inform the employee that further serious action may be taken if the reasons for the reprimand continue. Place a copy of the notice in Department files and forward a copy to the HR Department. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES V;- 3. Suspension and Discharae While department heads and supervisors must necessarily determine the need for disciplinary action, no suspension or discharge should take effect without approval of the Human Relations Director. If immediate removal from the worksite is required, the employee should be placed on leave of absence pending investigation and determination of the appropriate disciplinary action. In such instances, the Human Relations Director shall be immediately notified. Leave of absence will be paid or unpaid depending on the outcome of the investigation. The Human Relations Director will confer with the Department Head or supervisor concerning the final action to be taken. If disciplinary action is taken, follow section 2 procedures. i MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES /66S ..1 1 12 POSITION CLASSIFICATION A. Terms used: 1. Position (job) Each employee has an individual position, i.e., a Senior Maintenance Worker - Streets, Clerk/Typist - Accounting, etc. A position is defined in terms of specific duties, responsiblities and qualifications. 2. Classification Positions having substantially similar duties, responsibilities and qualifications are considered to be a classification, i.e., all Senior Maintenance Worker positions, all Clerk/Typists. 3. Classification title Each classification in the City has been assigned a title. These titles are the official designations for salary plan administration. Classification titles do not preclude the use of different working job titles as appropriate within a department or division. 4. Classification description The written description of the specific duties, tasks, and responsibilities to be performed. 5. Salary grade A salary grade includes all classifications determined by evaluation to be of equal relative value to the City on the basis of inherent responsibilities, the knowledge, judgment, and decision making skills required. 6. Salary Grade Range A salary grade range is defined by a minimum and maximum salary which may be broken into steps. B. Reclassification Periodically changes in position, scope, responsibility and/or minimum entry qualifications will warrant a review of individual position classification and/or salary grade assignment. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES L, /66.5 i 13 Recommendations for reclassification must be based upon characteristics of the position and operational needs of the department and will not be based upon employee seniority or performance. Reclassification reviews may be originated by the employee, a supervisor or by the Human Relations Department and generally will only be conducted during the budget process. 1. Procedures Employee or supervisor requests for reclassification shall be r submitted to the Human Relations Director. The individual requesting the reclassification will be asked to complete a questionnaire and participate in an interview by the Human Relations staff to facilitate audit of the position. 2. Review of Request Information submitted in writing and through interviews of employee and supervisor will form the basis for determination of proper classification. Review of reclassification requests will be conducted by the Human Relations Director. Review of administrative reclassification requests may be conducted by the Benchmark Committee. Administrative employees will have appeal rights to the Benchmark Committee. All reclassifications must be approved by the City Manager and City Council. MICROFILMED DY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES /649::!� rw� a A 14 SALARY PLAN ADMINISTRATION Purpose The purpose of the salary plan is to compensate all personnel equitably and consistent with applicable collective bargaining agreements, the relative worth of positions within the organization, and with salaries of comparable jobs in the public sector. Administration The overall program will be administered by the City Manager. Operational responsibility for implementation and maintenance consistent with these guidelines rests with the Human Relations Director. Maintenance of Salary Ranges A. No employee's salary shall be below the minimum assigned to the salary range. B. No employee will receive a salary increase which places that employee's salary over the maximum of the assigned salary grade. C. Salary range minimum and maximum will be enforced in all compensation adjustments except with prior approval or negotiation. Payroll Change Form In order for a payroll change to be processed within a specific ;pay period, the HR Department must receive the Payroll Change form by 5:00 p.m. on the second Wednesday of the pay period. Payroll Change forms received later will not be processed until the following pay period. Increases will be retroactive to the effective date regardless of the date processed. COMPENSATION ADJUSTMENT A. Hiring Salaries 1. Administrative, Confidential, AFSCME positions a. Generally, new employees will be hired at the minimum of the applicable salary grade range. Exception: For competitive and/or economically imposed reasons, several types of exceptions may be considered in determining hiring salaries. MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES MOINES 166.5 7 I 15 i) Exceptional qualifications An applicant with qualifications which clearly exceed the minimum requirements for the assigned classification and which are directly related to the ability to more successfully perform the job may be hired at a salary higher than the appropriate range minimum. Such qualifications include: additional education, certification, registration, or licensure and previous work experience. The Human Relations Director, in consultation with the hiring supervisor will determine the relative worth of these additional qualifications. ii) Unusual Market Conditions. Unusual market conditions may necessitate use of i premium hiring rates for specific, isolated classifications. b. Authority for Setting Hiring Salaries over Minimum The Human Relations Director in consultation with the hiring supervisor will confer to determine salaries of new I employees up to the first quartile or step B of the ; assigned salary grade. Any salary offer above the first quartile or step B must have prior approval of the City ji Manager. i 2. Fire Unit Personnel New employees will be hired only at step A. it 3. Police Unit Personnel New employees will be hired only at step A. 4. Market -Impacted Condition - Administrative positions a. Definition A job classification is market impacted if employees cannot be attracted and retained with hiring salaries up to the mid -point of the assigned salary grade. b. Salary Action If the classification is verified as market impacted, a temporary salary grade may be created. If such a grade is created these guidelines will be followed: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 1401NES M i) A supplemental grade will retain its identity with the basic structure, e.g, a grade C (market -impacted) classification will be identified as grade CI The grade will automatically expire at the end of each fiscal year. •5• Temporary Positions I Starting salaries for temporary positions will be determined through consultation between the Human Relations Department and the hiring department. B. Probationar Increase — Initial Appointment L Administrative Employ Following the established probationary period (typically six months) administrative employee performance will be evaluated and the employee will be eligible for a probationary increase of UP to 5% determined by successful progress and performance in the job. Z. AFSCME Em_ plVyees AFSCME employees hired at step A will be reviewed and are eligible for an increase to step B after six months of successful progress and performance in the job. 3. Confidential Emplovees Same as AFSCME employees. Display of exceptional performance during a probationary period may warrant shortening the period and early award of the increase. Please confer with the Human Relations Director for approval. 4. Police Unit Em�eS Police unit employees will be reviewed and are eligible for an increase to step B after one year of successful progress and ,performance in the job. 5. Fire Unit Employees Fire unit employees will be reviewed and are eligible for an increase during probation to step B after six months of successful progress and performance in the job. The probation period is usually one year and employees are eligible for an additional increase after successful completion of probation. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /6055 -.7 f I 17 C. Merit Increase 1. Administrative Employees Successful performance by administrative employees in achieving established public service objectives will be recognized and rewarded through the use of the merit base compensation increase. Performance evaluation to determine the award of merit compensation increases will. be conducted annually prior to July 1. 2. AFSCME Employees Performance evaluation to determine the award of compensation increase warranted by individual merit will be conducted annually upon the employeee's completion of probation date. The normal increase is equal to one step. Highly exceptional performance may warrant award of a two step increase, which must have the prior approval of the Human Relations Director. 3. Confidential Employees Performance evaluations to determine the award of compensation increases warranted by individual merit will be conducted annually upon the confidential employee's completion of probation date. The following options are available in awarding merit increses: One and One/half Ste Increase: Work performance which consistently excee s e expectations for the position and displaying a high degree of excellence in quality and quantity of work produced, demonstrated initiative in working towards department/goals, and is recognized throughout the department and city as exceptional. One Step Increase: Work performance is completely satisfactory - meets all standards of job performance. One/Half Ste Increase: Employee needs substantial improvement in qua ity or quantity of work, attendance, relations with fellow employees or members of the public, or other standards of performance. No Increase: Work performance fails to meet established per Frmance standards in a number of areas. /G6 S j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Supervisors wishing to award one and one-half step increases must consult with the Human Relations Director prior to discussing the increase with the employee; however, it is advisable that any adjustment other than the normal one step increase be discussed with the Human Relations Director prior to its award. Increase amounts are limited by the top of the salary range and availability of funds within the department/division salary budget. 4. Police Unit Employees Performance evaluation to determine the award of compensation increase warranted by individual merit will be conducted at 18 month intervals from employee's appointment date. 5. Fire Unit Emplo ees Performance evaluation to determine the award of compensation increase warranted by individual merit will be conducted annually upon the employee's completion of probation date. General In awarding merit increases to employees, only the employee's performance should be considered - not longevity, pervisorvolume or difficulty of work, job classification, su's opinion on the adequacy of the salary range, or any other area which has already been addressed through the establishment and administration classification/compensation program. of the At any time that an employee's performance warrants either a half- step increase or no increase at all, a performance improvement program, outlining performance deficiencies, required corrective action, and a timetable for performance improvements must be established during the performance evaluation. At the supervisor's option, award of the increase may be considered later following substantial performance improvement. Later award of a merit increase will not affect timing increases. of eligibility for consecutive Bonus S stem. The bonus system for Administrative employees is esigne to motivate and reward the achievement of superior perfor- mance not recognized through the general merit increase - (which is based on cumulative performance in all areasof job responsibility), and which is above and beyond that performance normally achieved. All administrative employees will be eligible to receive bonuses based on performance, regardless of whether they are at the maximum on the salary range. Bonuses will be paid in a lump sum, will not %665' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I <w� W increase the employee's base salary and generally will range from $100 to $1,000. The following list is illustrative of, but not limited to, the types of performance which will be considered eligible for a bonus. 1. Successful completion of a project or assignment: a. which involvesabove-average contribution from the employee in time, initiative, or creativity, and/or b. resulted in an end product qualitatively or quantitatively superior to original expectations of the supervisor, and/or C. involved overcoming substantial externally imposed obstacles or constraints, and/or d. was completed with substantial cost savings (or "capture" of funds) directly attributable to the employee's efforts, and/or e. was completed ahead of schedule when time was a critical factor. 2. Productivity increases/cost savings suggested or implemented by the employee. 3. Successful completion of a temporary and substantial increase in workload previously uncompensated for by salary or classifi- cation change. Bonuses may be awarded by the City Manager following nomination by 1 the employee's Department Head, or in the case of Department Heads, by the City Manager. Self -nomination by employees is permissable. Nominations should be forwarded to the City Manager and address the reasons why a bonus is warranted, with suggestion of a bonus amount. Nominators are encouraged to time recommendations for bonuses as closely as possible to accomplishment of the performance which warrants bonus award. D. Transfer A transfer is the assignment of an employee to another classification in the same salary grade as that to which the employee is currently assigned. 1. Administrative Employees When an employee transfers, his/her salary will be established with consideration of the employee's skills, abilities and experience related to the new position. I MICROPIIMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES 20 2. Confidential and Bargaining Unit Employees When an employee transfers to another position within the same or lower range he/she shall move to a step and at a rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience, and seniority. Generally transfer within the same classification - i.e., MW I to MW I, or transfer within the same salary range, i.e. Water Meter Reader to Clerk Typist, will not result in any compensation adjustment. E. Transfer Across Bargaining Unit Lines When a current City employees transfers to a position in a bargaining unit different from that which the employee previously held, salary will be established with consideration for transferrable knowledge and skills and longevity with the City as permitted by the applicable union contract. F. Acting Appointment 1. Administrative, Confidential AFSCME Positions When an employee is temporarily required to assume the full responsibilities of a position in a higher classification he/she shall be paid at a higher rate appropriate to the acting assignment no later than the completion of a minimum of. 20 continuous working days. Employee's life insurance coverage will be adjusted in instances when the acting status has an expected duration of three months or longer. The rate of pay for all employees shall be the greater of the following: a. The beginning rate of pay for the higher classification to which the employee is temporarily assigned. b. One step (10% for Administration position status) higher than the employee's current rate of pay, or C. One step (10% for Administrative position status) more than persons supervised in a acting assignment. The salary for an acting appointment must be established with prior concurrence of the Human Relations Director. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES 4' Bo 21 2. Police and Fire Unit Personnel See applicable union contract. G. Promotion A promotion is the assignment of an employee to a classification in a higher salary grade than that to which the employee is currently assigned. 1. Administrative Employees When an employee is promoted, he/she shall receive an increase upon appointment which is at least enough to reach the minimum of the new salary grade. Salary following promotion must be established with prior concurrence of the Human Relations Director. Establishment of probationary period following promotion, and eligibility for salary review will be decided individually. 2. Confidential and Bargaining Unit Employees When an employee is promoted to a higher range, his/her pay shall fall within that range and in no event will be less than one step higher. Generally, the one step increase is defined as the next highest dollar amount which will yield a full step increase in the current step (not based on letter grade). After promotion, performance evaluations will be conducted annually on anniversary date of promotion. A probationary period not to exceed forty (40) days may be established following promotion and generally will not result in eligibility for a salary increase. H. Demotions - All positions. A demotion is the assignment of an employee to a classification in a I lower salary grade than that to which the employee is currently assigned. When an employee is demoted, salary reduction will not be automatic. However, the employee's salary will be established with consideration of the skills and abilities, experience, seniority of the employee in question and of other employee's in the same classification. Generally, the employee's salary following demotion will not be allowed to exceed the maximum of the salary range. i i MICROFILMED By JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES - 4- 22 I. Reclassification Salary Adjustments 1. Administrative Employees When an employee's job is reclassified upward, the employee will be be moved at least to the minimum of the newly assigned salary grade range. Downward reclassification will not result in any immediate decrease in compensation. 2. Bargaining Unjt Employees When an employee's job is reclassified upward, the employee will be placed at their current step in the new salary range, i.e., from grade 10 step C to grade 12 step C. Downward reclassification will not result in any decrease in compensation. 3. Confidential Employees Same as bargaining unit. Reclassification of position will not automatically result in an immediate salary adjustment and does not effect the employee's evaluation date. MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 1665 R i 7 F 7 TABLE OF CONTENTS SECTION I. Equal Employment Opportunity II. Sexual Harassment III. Benefits A. Coverage B. Medical Insurance C. Life Insurance D. Deferred Compensation E. Retirement F. Vacation G. Sick Leave H. Holidays I. Longevity J. 'Credit Union IV. Special Leaves -Personal Leave Day, Religious Holidays -Pregnancy Leave, Funeral Leave, Voting Time, and Jury Duty -Education, Supplemental Employment, Military Leave, and Unpaid Leave of Absence V. Hours of Work VI. Salary Administration -Bonus System VII. Grievance Procedure MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES PAGE 1 1 2 2 3 3- 3 3 4 5 5 6 [i M. 7 8 9 10 November, 1981 /66 � -7 I The City's ability to manage and provide public services with the greatest efficiency and effectiveness is heavily dependent upon the capability and performance of its administrative and confidential employees. The City recognizes that special demands are placed on administrative and confidential employees, creating different expectations with regard to the employment relationship on the part of both these employees and the City. It is the terms and conditions ofal to employment behis set that those tors affecting forth clearly. This document has two purposes: to provide information on the terms and conditions of employment which differ from those of bargaining unit employees, and to assure that policies, regulations, and benefits will be administered on a uniform, non-discriminatory and equitable basis. This document should be read in conjunction with the personnel policies which apply to all City employees. Questions of interpretation should be addressed to the Human Relations Department. i This manual was authorized by the City Manager on November 1981. 445 MICROFILMED By 'JORM MICROLAB CEDAR RAPIDS -DES MOINES EQUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION A. General Policy As established in the Affirmative Action policy of the City of Iowa City, it is the policy of the City to provide equal employment opportunities for all employees or potential employees of the City regardless of race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job performance. This impartial ,judgment shall extend into all areas of personnel administration. B. Responsibility It is the responsibility of each and every employee to produce an environment in which a program of equal opportunity and affirmative action can be achieved. It is also the respon- sibility of administrative employees to implement the Affirma- tive Action policy in good faith and in so doing eliminate artificial barriers to equal employment opportunities. II. SEXUAL HARASSMENT Definition Sexual harassment is a form' of employee misconduct which undermines the integrity of the employment relationship. Sexual harassment is deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of an intimate sexual nature which are unwelcome to the recipient. Sexual harassment can take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. Sexual harassment can also take the form of conduct that has the. purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment is unacceptable conduct in any form, and can be a basis for a sex discrimination charge. Employees who engage in sexual harassment can expect serious disciplinary action. B. Duties of Administrative Employees All administrative employees covered by this agreement have an affirmative duty to prevent sexual harassment in the work place by producing an environment that exposes and discourages, sexual harassment of all kinds. 1(o455r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES .-I 2 C. Complaint Procedures 1. The City is responsive to receiving complaints of discrimination or sexual harassment and appropriate action will be taken to remedy any incident. 2. Employees charging discrimination or sexual harassment may file a grievance in accordance with the procedures outlined in the City's Affirmative Action Plan. 3. Employees who do not wish to exercise formal avenues to achieve resolution of their grievances may appeal informally to appropriate supervisors and to the Human Relations Department. III. BENEFITS A. Coverage Permanent full-time employees receive full benefits. Permanent part-time employees receive benefits on a prorated basis. Police and fire management shift employees frequently have different benefit provisions. These employees should consult the applicable benefit sheet prepared by the Human Relations Department. B. Medical Insurance The City pays the cost of medical insurance for you and your dependents. Employees are covered under Blue Cross and Blue Shield. Your insurance coverage: i 1. Pays for 365 days of semi -private care with no deductible i for all basic hospital expenses. (Per confinement) 2. Pays for basic surgfcal expenses when they are usual, customary, and reasonable. 3. Pays for 365 days of in-hospital medical care. 4. Pays unlimited amount for out-of-hospital diagnostic x-ray and laboratory expenses (DXL). F _ 5. Pays $250,000 per benefit period (January 1 -December 31 of calendar year) for major medical expense. $100 deductible for single plan and $200 deductible for family plan. 6. Allows members enrolled in Medicare to be eligible for a Blue Cross and Blue Shield contract which supplements Medicare. For more specific coverage information please consult your Blue Cross -Blue Shield booklet or contact the Iowa City BC/BS office. i i /66S MICROFILMED BY : JORM MICROLAB CEDAR RAPIDS -DES 140INES C. Life Insurance After ninety (90) days of continuous employment the City provides life insurance coverage equal to your annual salary. If your salary is a fraction of a thousand dollars, coverage is rounded up to the next thousand dollars. Deferred Compensation Administrative and confidential employees may voluntarily join a deferred compensation program administered by the City. Deferred compensation provides for the setting aside of income (up to 25% of gross salary) into a private investment plan, whereby the amounts deferred and investment earnings are not subject to current personal income taxes. Taxes on these monies are paid when funds are withdrawn from the plan. Deferred funds are available for withdraw when employees are: a) disabled, b) retired, c) deceased, d) terminated, or e) in financial difficulty. The City currently has agreements with the I.C.M.A. Retirement Corporation and the League of Iowa Municipalities for deferred compensation plans. Employees, with approval from the City, may set up their own deferred compensation plans with other companies. For more specific details or enrollment information contact the Finance Department. E. Retirement and Pension Benefits Both Iowa Public Employment Retirement System (IPERS) and Social Security (FICA) are deducted from your paycheck. IPERS is a mandatory retirement system for all public employees unless excluded by law. Employees contribute at a rate of 3.7% -of covered wages and the employer's contribution rate is 5.75%. The covered wage maximum is $20,000 per calendar year. Employees must obtain vested status and reach the age of 55 in order to receive retirement benefits. To become vested employee termination must have occurred: either on or after July 1, 1973, after completing at least four years of service; or after the age of 55 regardless of date of termination or length of service. If the employee leaves IPERS covered employment before reaching vested .status he/she is only entitled to the employees own contributions. For more specific converage information please consult your IPERS booklet or contact Human Relations Department. F. Vacation Administrative and confidential employees accrue vacation at the following rates: /6A!5� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I 4 r Years of Service 0 to 5 years 1 day/month 5 to 10 years 1 1/4 days/month 10 to 15 years 1 1/2 days/month 15 to 20 years 1 3/4 days/month 20 years + 2 days/month Vacation time may be used after six months of continuous employment. Vacation will be scheduled to best meet the needs of the department. A maximum of 192 hours (24 days) of unused and accumulated vacation time may be carried over after July 1 of each year. Payment for unused vacation time up to a maximum of 192 hours will be made upon retirement, resignation, or discharge. Professional Librarians. Professional librarians receive 22 days of vacation per year regardless of length of service. G. Sick Leave Accrual. Permanent full-time employees accumulate one day of sic eave for every month worked (3.70 hours/pay period) up to a maximum of 180 days or 1,440 hours. Use of Sick Leave. A day of sick leave shall be used for each ay an emp oyee is sick and off work during a work week. Sick leave also may be used on an hour -to -hour basis for doctor appointments or other health maintenance needs. In addition sick leave may be used for: -on-the-job injury -serious illness or hospitalization of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Pa ment. Payment for one-half of your unused sick leave up to 1446_ 44 ours (180 days), at your current hourly salary equivalent will be made upon retirement or resignation. An employee must have been employed by the City at least one year in order to be eligible for this payment. /06.51 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES v I 5 _ H. Holidays All permanent employees receive ten paid holidays plus one personal leave day. The following days are declared paid holidays: 1. The first day of January (New Years Day). 2. The third Monday of February (Washington's Birthday). 3. The last Monday of May (Memorial Day). 4. The fourth day of July (Independence Day). 5. The first Monday of September (Labor Day). 6. Eleventh day of November (Veteran's Day). 7. The fourth Thursday of November (Thanksgiving Day). 8. The day after Thanksgiving. 9. Twenty-fifth day of December (Christmas Day). 10. Employees shall be granted the day before or after Christmas, or the day before or after New Years Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the City Manager fails to make such designation by December 15 of the calendar year, employees may select a day between December 24 and January 2. 11. One personal leave day. Holidays which occur on a Saturday will be observed on the preceding Friday. Holidays which occur on a Sunday will be observed on the following Monday. Federal holidays shall be observed unless the City Manager issues a directive indicating that another holiday will be observed. I. . Longevity Permanent employees who have completed the required number of years of continuous service by December 1 of the calendar year shall receive longevity pay as follows: 5 years $200.00 10 years $275.00 15 years $375.00 20 years $475.00 Payment will be made on the last payday in November. Employees who terminate will receive a pro rata share on their final check. 10,51 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES J. Credit Union Permanent full-time and permanent part-time employees may voluntarily join the University of Iowa Credit Union. IV. SPECIAL LEAVES Personal Leave Day. One day of personal leave is accrued upon commencement of employment. Personal leave may be used as a holiday or on an hour -to -hour basis at any time mutually agreeable between employee and supervisor. The personal leave day must be used during the fiscal year in which it is granted. Religious Holidays. Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays. Personal leave days, accrued vacation time, comp time, or unpaid leaves may be used to cover absences. Jury _Dust . Any employee summoned for jury duty shall receive regular stated time pay during any period of jury service and shall earn and be entitled to all benefits as if working without charge against sick or vacation leave. The City shall receive the pay earned from such jury service. Votinq Time. An employee shall be permitted to vote during the work ay 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. Funeral Leave. An employee shall be granted up to three (3) days wit no oss of compensation, accrual from sick, annual or 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, or permanent member of the immediate household. If additional time is needed an employee shall be permitted to use up to three days of his/her accumulated sick leave with the approval of his/her supervisor. Pre nanc Leave. A pregnant employee shall be entitled to a pregnancy leave of absence without pay if all other accumulated leaves are exhausted. An employee requiring such leave shall notify her supervisor prior to anticipated date of birth and shall substantiate her condition by a doctor's statement. An employee may work during pregnancy with permission of her physician. An employee granted leave under this section shall present a doctor's statement as to pregnancy and recovery therefrom and within seven days following birth, miscarriage, or abortion the employee shall advise' the City of the date by which the employee will return to work. The employee will return to work as soon as she is medically able to do so. /66.5' MICROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES 7 Un aid Leave of Absence. With the approval of the Department Head an unpal eave of absence may be granted to an employee. Leaves which exceed five (5) working days must be approved by the City Manager. If the leave is medically necessary and all other accrued leaves are exhausted the leave will be automatic. Generally, such leaves shall not exceed twelve (12) months. Upon termination of such leave of absence, the employee may return to work in the same position as when he/she left and will receive compensation on the same basis as if he/she had continued to work without leave, provided that the position is vacant or that the position has not changed such that the employee on leave is no longer qualified for the position. In the event an employee is displaced or replaced he/she will be offered vacancies in related areas or vacancies for which the employee is otherwise qualified, to the extent that such vacancies exist. During a leave of absence without pay, the employee: 1. Cannot pay retirement contributions if the leave exceeds one month in duration. 2. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired. 3. Must pay premiums for coverage under the group life insurance plan if coverage is desired. 4. Shall not receive any other accruals or job benefits during the period of absence. 5. Shall not earn sick, vacation or other leave. 6. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The City Manager may waive the above conditions for leaves of absence without pay not exceeding ten (10) working days. Mili�tar Leave. Employees belonging to or called by any 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. Supplemental Em to ment. No employee is to conduct any supplementary employment during regular working hours unless authorized leave has been approved by the City Manager. Supplemental employment engaged in outside of regular City working hours must in no way interfere or conflict with the satisfactory performance of City duties. Supplemental employment is not encouraged. Education. Advance approval from the City Manager is necessary for an em�oyee to engage in any educational effort during normal working /66.� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES :w._r kin A er than that which m Consf hours, eratilon of the request will beabased upon the direct benefitbe rovided bthetto the City, and the demonstrated ability of the employee to effectively encouragedcarry out e toscheduleleducationalfprograms outside of their osition.Eeglular hours whenever possible. V. HOURS OF WORK The normal work week shall consist of a minimum of forty (40) hours. The Department Head shall schedule the working hours for all employees in a manner to most efficiently meet the needs of the department, which may include flex -time scheduling. A. Overtime I. Confidential Employees. Overtime is work performed by a confldenM employee in excess of forty (40) hours per week. Employees may be periodically required to work overtime but may request not to perform work because of personal needs. Such requests will be considered by the supervisor. Compe_ non, At the Department Head's discretion, compensation will be made either at the rate of one and one-half times the current base hourly rate or by granting equivalent compensatory time off. 2. Administrative Em to ees. Administrative employees are not specs I Icia y compensated for overtime in either pay or compensatory time off, although salary ranges for administrative positions have been developed with consideration of overtime requirements. Additionally, in recognition of the fact that job responsibilities of admthelemployeevwork employees thanathepon ormalcasion work week,uire timetoff from work may be granted by the Department Head. All employees will be expected to average a minimum of forty (40) hours per week. B. Rest Periods Employees will be provided with two fifteen (15) minute rest periods during the regular work day. These rest periods may be scheduled by the immediate supervisor, with consideration of employee preferences. C. Meal Periods Employees will be provided with an unpaid lunch period of not less than thirty (30) minutes during the regular working day. Meal periods may be scheduled to accommodate staffing needs of the department with consideration of employee preferences. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES /66s' 9 0. Inclement Weather Employees are expected to come to work regardless of weather conditions if they can reasonably do so. Generally, City operations will not be suspended, however, the City Manager may close down operations in severe conditions. Employees may use vacation, holiday, compensatory time, or personal leave to insure regular straight pay on these occasions. VI. SALARY ADMINISTRATION Confidential Employees Total Com ensation. Adjustments to total compensation levels of confidential employees will be recommended to the City Council which, at minimum, maintain the comparability of confidential positions with those of similar positions within the bargaining unit. Salary Increases. Confidential employees are eligible for an annual a or market adjustment July 1, as approved by the City Council. Confidential employees are also eligible for merit increases, which will fall on their completion of probation date, to be based on performance evaluation. Merit increases are awarded in the following ways: One and one-half step increase: Work performance consistently exceeds expectations for the position and displays a high degree of excellence in quality and quantity. One stere increase. Work performance is completely satisfactory. One-half ste increase. Employee needs substantial improvement in qua tty or quantity' of work, attendance, relations with fellow employees or members of the public, or other standards of employment. No increase. Work performance fails to meet established Stan ar sin a number of areas. Administrative Employees Solar Increases. Administrative employees are eligible for an annus ago or market adjustment July 1, as approved by the City Council. Administrative employees are also eligible for merit increases effective July 1 based on job performance. � Bonus �S stem. The bonus system for Administrative employees is esigo ned to motivate and reward the achievement of superior perfor- mance not recognized through the general merit increase - (which is based on cumulative performance in all areas of job responsibility), and which is above and beyond that performance normally achieved. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES 10 r All administrative employees will be eligible to receive bonuses based on performance, regardless of whether they are at the maximum on the salary range. Bonuses will be paid in a lump sum, will not increase the employee's base salary and generally will range from $100 to $1,000. The following list is illustrative of, but not limited to, the types of performance which will be considered eligible for a bonus. 1. Successful completion of a project or assignment: a. which involves above-average contribution from the employee in time, initiative, or creativity, and/or b. resulted in an end product qualitatively or quantitatively superior to original expectations of the supervisor, and/or C. involved overcoming substantial externally imposed obstacles or constraints, and/or d. was completed with substantial cost savings (or "capture" of funds) directly attributable to the employee's efforts, and/or e. was completed ahead of schedule when time was a critical factor. i j 2. Productivity increases/cost savings suggested or implemented by !I the employee. 3. • Successful completion of a temporary and substantial increase in workload previously uncompensated for by salary or classifi- cation change. Bonuses may be awarded by the City Manager following nomination by the employee's Department Head, or in the case of Department Heads, by the City Manager. Self -nomination by employees is permissable. Nominations should be forwarded to the City Manager and address the reasons why a bonus is warranted, with suggestion of a bonus amount. Nominators are encouraged to time recommendations for bonuses as closely as possible to accomplishment of the performance which warrants bonus award. VII. GRIEVANCE PROCEDURE The following procedure is available for grievances filed pursuant to this document. A. Definition A grievance is a dispute between the employee or group of employees over application of the rules, procedures, by the City. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES City and a particular an interpretation or or policies promulgated /4 O/Y _—I i Ir - Any administrative or confidential employee of the City of Iowa City alleging a violation of his/her rights as an employee may at his or her option request a hearing before the City-wide grievance committee (see Section Q. Procedure For purposes of calculating time period, "working days" shall not include days when either party to the grievance is absent. Parties may also agree to extend time periods. Step 1 The grievance shall be presented in writing by the grievant to the grievants immediate supervisor within ten (10) working days of the event giving rise to the grievance. The supervisor shall deliver a response to the grievant within five (5) working days of receipt of said grievance. If no response is receivedthe , othergwise satisfactorily resolved o proceed to Step 2, unless Department heads and employees reporting to the City Manager shall proceed immediately to Step 3 of the Grievance Procedure. Any resolution of grievance between the City and the grievant at Step 1 of the grievance procedure shall be considered as non - precedent setting. 2. —Step 2 If the grievance is not resolved at Step 1, the grievant shall, Within five (5) working days, present a written copy of the grievance, signed by the grievant, to the department director and to the Human Relations Department. The grievance shall contain a statement of the facts and the sections of the rules or or provisions nelief isdesired. Pa t es maviolatedy mutually and shalagr ea to extend l stte what etime periods. The Department Director, the Human Relations Director, and the grievant will meet within ten (10) working days of receipt of a Step 2 Department evance in an attempt resolve Director willresoer� respond writing to ngrievant within five (5) working days after such meeting. Step 3 A grievance not resolved by Step 2 shall be submitted to the City Manager or his or her designee within ten (10) working days of the receipt of the Step 2 response. The City Manager will respond in writing within ten (10) working days. The grievant may request a meeting with the City Manager before a decision is rendered. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /6W ? , 12 4. Step 4 A grievance not resolved in Step 3 shall, at the option of the grievant, be submitted to the City-wide Grievance Committee. The Grievance Committee, at a time mutually convenient to the grievant and Committee members, shall receive oral and written testimony, evidence relating to the grievance being heard, question witnesses, receive reports, conduct itself as a full hearing board and protect appropriate due process rights of all parties to the grievance. Within ten (10) working days of the conclusion of such hearing, the Grievance Committee shall issue a written decision, sustaining, modifying or revoking the grievance in whole or in part, and specifying the relief to be granted the grievant. C. City-wide Grievance Committee 1. Structure The City-wide Grievance Committee shall consist of three voting members, with the Director of Human Relations sitting as Chair and ex -officio, non-voting member. The City Manager will appoint one member. The grievant shall appoint one member. The first two members appointed, as above, shall appoint the third member. All members of said Committee shall be current City employees. 2. Voting on Decisions Arising from Hearings Majority vote (two out of three members) must be noted in i written ballot to sustain Committee decisions arising from grievances. 3. Procedure Before Committee - Step 4 The written grievance shall state the following: Grievant's name. Department and Division Job Classification Statement of Grievance Summarization of Previous Steps in Grievance Relief or Resolution Sought by Grievant .Signature of Grievant A copy of the written decisions and all prior grievance steps must be attached and become part of the record. 1"5111 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 140INES 13 The grievant may obtain representation or legal counsel for such hearing, provided that said counsel be at grievant's own expense. The Chairperson of the City-wide Grievance Committee shall preside at the hearing. A hearing before the Committee shall not be open to the public unless a public hearing is requested by the grievant. Hearings shall be informal, and technical rules of evidence shall not apply. All due process rights of parties to a grievance hearing shall be protected. All individuals, except witnesses concerned with the grievance, may appear in person or may designate a representative to appear in their behalf and present the appropriate position. Witnesses must appear in person. The City-wide Grievance Committee shall have the power to request witnesses. If witnesses are not requested, a decision may be given on the basis of information available. If no decision can be given without additional information or witnesses, the hearing may be recessed for up to three working days. When the necessary witnesses or information is available the parties involved will be notified and the information or witnesses obtained in a scheduled continuation of the hearing. Oral testimony, facts, documents or other materials presented in hearings must be relevant to the original incident which gave rise to the grievance. Any evidence, testimony, documents or materials that do not meet this criteria may be excluded upon decision of the Chair with majority vote of members of the Committee. The Committee shall not consider any materials beyond those presented orally or in writing. The Committee will make no assumptions of guilt or innocence of any party to the grievance, but will be guided solely in the decision by the facts presented at the hearing; and decisions will be determined from all the evidence presented on the record as a whole. The results of the hearing will be given in writing to all parties involved, to the City Manager and to the affected department and division heads. Any action taken by the City-wide Grievance Committee shall be considered a class action, and no punitive recourse shall be taken by supervisors, department or division heads. THERE WILL BE NO RETALIATION FOR FILING A GRIEVANCE; and any such retaliation may be the subject for grievance hereunder. MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES 140INES __3 14 i Employees who do not wish to exercise formal avenues to achieve resolution of their grievances may appeal informally to appro- priate and impartial supervisors and to the Human Relations Department. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES s