HomeMy WebLinkAbout1981-11-10 ResolutionF
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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
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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.
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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.
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177-186
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^ 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.
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§'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
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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
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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 -
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§ 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
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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
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§ 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)
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--� 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.
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$ 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.
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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
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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.
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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
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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.
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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
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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,
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§ 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
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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.
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§ 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
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-- 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
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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,
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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
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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
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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.
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§ 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
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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.
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§ 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
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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
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§ 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
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�—� 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
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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
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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
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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
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§ 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
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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
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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
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§ 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
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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
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[The next page Is 2071]
2957
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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
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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
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Mayor
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Attest:
City Clerk
(Seal)
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ISELIN. HARRIS, HELMICK 8 HEARTNEV. LAWVEnS. DES MOINES, IOWA A �I
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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
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eELIN. HARRIS, HELMICK 6 HEARTNEY. LAWYERS, DES MOINES, IOWA 1601; -
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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:
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9ELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA
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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
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OELIN, HARRIS. HELMICK 6 HEARTNEY. LAWYERS. DES MOINES, IOWA
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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.
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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.
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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.
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Neal Berlin
Iowa City Colncilrembers
Iowa pity Civic Center
P'r. Berlin and Councilors:
r� p L F Fn)
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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.
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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.
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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
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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:
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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)
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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:
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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)
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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)
(/
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City Clerk
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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.
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City C I erk
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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:
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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)
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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;
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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)
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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
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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)
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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.
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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
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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.
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(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
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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)
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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
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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
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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
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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;
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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:
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A5050
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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
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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
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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
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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.
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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
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--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
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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.
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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.
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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
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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.
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CEDAR RAPIDS DAVENPORT DES MOINES DU13000E FT. MADISON IOWA CITY VINTON /
/Ge7 9
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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
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- 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
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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
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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)
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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
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(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;
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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
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■
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
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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.
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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?
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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
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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
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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
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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
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CEDAR RAPIDS -DES MOINES
L"
C
-.1
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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
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4.
11)
may,
i
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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
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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
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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
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i MICROFILMED BY
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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
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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
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CITY OF IOWA CITY
PERSONNEL POLICIES
I Approved by Resolution of City Council
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November 1981
Safety. . . . . . . . . . . . . . . . . . . . . . . . . 8
Conflict of Interest . . . . . . . . . . . . . . . . . . 8-9
Employment
Gifts
Impartiality
Use of Information
Use of Public Property
Political Activity . . . . . . . . . . . . . . . . . . . 9-10
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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HUMAN RELATIONS DEPARTMENT PROCEDURES
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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November, 1981
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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
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: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.
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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.
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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.
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City and a particular
an interpretation or
or policies promulgated
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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.
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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.
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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.
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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.
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