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HomeMy WebLinkAbout2009-06-16 ResolutionV~-~-g 0 4c~7) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-~ as RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED Passed and approved this 16th day of ATTEST: ~ ~ ~C . .,~, CI CLERK ~n _ _ y~~ v42eG'yl cv27~/~'~:v ity Attorney's Office /a/7c7~ 7 It was moved by Wilburn and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey _ g Champion g Correia g Hayek X O'Donnell g Wilburn x Wright O'Donnell the DOING BUSINESS AS APPLICANTS NAME PURPOSE B I KMART MART CORPORATION C-S E THE LLY STUCKER C EY'S GENERAL STORE ##2761 ASEY'S MARKETING COMPANY C Y'S GENERAL STORE #2781. SEY'S MARKETING COMPANY CIG TTE OUTLET #18 ARETTE OUTLET INC CAR THE UZSTER INC CREEKS MARKET S R INC ORMERL T & M MINI MART CV /PHARMACY #8539 OWA CVS P i~MACY LLC CVS RMACY #8547 A CVS P MACY LLC bAN' SHORT STOP CORPORATION IEL J GLASGOW DEAD OD GER ENTERPRISES DE RT #1 LIMART PROPERTIES INC DEL MART #2 IMART PROPERTIES INC DELI T #3 E RT PROPERTIES INC ELI MA 5 EL RT PROPERTIES INC DEN S HERN DISCOUNT DEN ~d~~-~~ G~16 ~~~y CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 1 LICENSE # STICKER # 85 00140 00091 C (a"53 08 00068 00093 C /O- ~ 07 00073 00094 C 10-d 07 00074 00095 C io • 3 05 00007 00096 C 1O-4 08 00070 00097 C io- S 03 00005 00951 C /o -~ 06 00074 00098 C /O-? 06 00075 00099 C /O- B 86 00022 00910 C i~ - 85 00092 00911 V /t~- (p 87 00013 00912 C ~O-~i 87 00018 00913 C -v' ~a 98 00014 00914 C !D~/3 99 00006 00915 C /p_I¢ 00 00017 00916 C /n ~-~ CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE DUBL UNDERGROUND THE 93 00001 00956 C 10~/6 DU IN UNDERGROUND INC EL SO THE MEXICAN STORE 05 00001 00917 C 1D -I~ PASO TIENDA Y TAQUERIA INC FARE STORES #034 03 00007 00918 C /0 -~~ F EWAY STORES INC FAREWAY ES #950 95 00006 00919 C /O-~9 FAR STORES INC ~~,TF'RT~T2~T. nRT1FR nF FArL ES #h~~ ~n92r ~o 98 00003 00920 C T1Tl T-m T1Tl TT /'l TlTll"'ITl /1 T"~ T"~T /"9T T"~rt~ll/l'lT /~{I ~c /~ / S`.I'/n~... ~~G ~r C'I'~v l G Y' S #1 08 00074 00921 C /O- ~0 LB BAUER INC GA 'S #4 08 00075 00922 C 10-a1 LB BAUER INC HAR DRUG STORE #10 98 00001 00923 C /O-a~ TIG DRUG COMPANY INC ~HUNTERS GLASS INC 08 00071 00924 C ia--~3 ~ EAD HUNTERS GLASS INC HY- DRUGSTORE 85 00013 00925 C /p, dt4- -VEE INC HY= E FOOD STORE #1 85 00009 00926 C io-a5 VEE INC V FOOD STORE #2 Y 85 00010 00927 C /c7r~~o _ VEE INC HY= E FOOD STORE #3 85 00011 00928 C /p~~'l VEE INC Y-V GAS (#1) 03 00004 00929 C ~~-3 Y EE INC I. IT STOP 08 00064 00930 C /o-~ PIT STOP LLC ~S 07 00070 00931 C /O"3a B GAL INC CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE JOE' PLACE 08 00072 00932 C /a~31 CO OF IOWA CITY INC JO S GROCERY, INC. 85 00054 00933 C /p-3a HN'S GROCERY INC KAMODO KLUB 09 00061 RSJSIC LLC KO XION THE 08 00069 00958 C ID- 33 OKERS UNLIMITED & GO #422 ~ 85 00025 00934 C /D-3'4- & GO LC ~ K & GO #51 Ol 01087 00935 C /0-35 & GO LC K & GO #52 Ol 01088 00936 C /0-,3~ UM & GO LC KUM O #53 Ol 01089 00937 C / p _3'T & GO LC L & IGHTY SHOP, INC . 85 00045 00938 C /d,.,~~ L M MIGHTY SHOP INC LI OR DOWNTOWN 07 00072 00939 C /D ~.~ SON CAY R IQ HOUSE LTD 03 00008 00940 C ~~_ ~ Q UOR HOUSE LTD HRTMb_1 f+ Tll']i T /"1T r„n., T-tG _ ~a ~v Lvr~ ey- 08 00065 00941 C KT T1D TTT('' _ ~ Spll~~ 5 C~S~re.~s NO DODGE EXPRESS 01 01090 00942 C /D-~-) EXPRESS INC O HE GO CONVENIENCE STORES 00 00002 00943 C ~0--~ N THE GO CONVENIENCE STORES INC P H MINI MART INC 05 00003 00944 C /p- Q..3 ARTH MINI MART INC RED P ~~'~ 06 00070 00945 C /p- HI H MEARS CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE RJ EXPRESS WZ LLC RUSS' NORTHSIDE SERVICE RUSS'NORTHSIDE SEVICE S AUCE INC SCO BLVD HAWKEYE CONVENIENCE STORE KEYS OIL CO INC SU AN BP AMOCO BURBAN INVESTORS LC UBURBAN AMOCO KEOKUK STREET UB INVESTORS, L.C. ~--- Chip l.QN6 L` 2. TTT~"fl'S'7~TNL V~~~ ~~~~~ TO CO BOWL SSISSIPPI VALLEY TOBACCO TOB OUTLET PLUS #537 K TRIP INC ~T #1721 AL-MART STORES INC W REEENS #5077 ALGREEN COMPANY TOTAL CIGARETTE PERMITS: 59 LICENSE # STICKER # 07 00075 00946 C /D- 4'S 05 00005 00947 C 09 00060 00960 C /~- 00 00007 00948 C (Q- ~-7 97 00007 00949 C /0"'4-g 98 00012 00950 C /~-~ 09 00059 00959 C 91 00009 00952 C /Q - 50 97 00008 00953 C /p_,~~ 92 00012 00954 C 85 00029 00955 C gyp.. Sd ~~~1) CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME ` PURPOSE BI KMART 85 00140 00091 C ~a'S~ MART CORPORATION C-S E THE 08 00068 00093 C /o-~ LLY STUCKER C EY'S GENERAL STORE #2761 07 0007 00094 C /D-a ASEY'S MARKETING COMPANY C Y'S GENERAL STORE #2781. 0.7 00074 00095 C ion 3 SEY'S MARKETING COMPANY CIG TTE OUTLET #18 05 00007 00096 C 10-4 ARETTE OUTLET INC CAR THE 08 00070 00097 C io- S UZSTER INC '°, ~ CREEKS MARKET ' 03 00005 00951 C /o -~ S R INC ORMERLY: T & M MINI MART CV /PHARMACY #8539 06 00074 00098 C /o-? OWA CVS P ~MACY LLC CVS RMACY #8547 06 00075 00099 C /O - 8 A CVS P MACY LLC DAN' SHORT STOP CORPORATION 86 00022 00910 C /O-9 IEL J GLASGOW DEAD OD 8 00092 00911 V /a- (p GER ENTERPRISES, DE RT #1 87 0013 00912 C ~o-~i LIMART PROPERTIES INC DEL MART $k2 87 00 18 00913 C 1~~ /01 IMART PROPERTIES INC DELI T #3 98 0001 00914 C /D~/3 E RT PROPERTIES INC ELI MA 5 99 00006 00915 C ~p-/4 EL RT PROPERTIES INC `~ DEN 00 00017 ~'~. 00916 C l~~ /rj S HERN DISCOUNT DEN CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE DUBL UNDERGRO DU IN UNDERGRO EL SO THE MEX PASO TIENDA FARE STORES F SWAY STORES FAREWAY ES FAR STORES &B~.TFBAT~L C)RT1F'R 1 T~iTLZ'TSF1~-vicDT'~~~'---~ G Y'S #1 LB BAUER INC GA 'S #4 LB BAUER INC HAR DRUG STO TIG DRUG COM ~~HUNTERS GL EAD HUNTERS GL HY- DRUGSTOR -VEE INC HY- E FOOD STO -VEE INC Y=V FOOD S'I'O VEE INC ,~ HY- E FOO]~ STO -VEE II~.~ .~ Y EEr" INC UND THE UND INC ICAN STORE Y TAQUERIA INC #034 INC #950 INC nF FA LES h~~ vz~ n ~~i~~"_-fir ~ •~ rr •~ ,` RE #10 > PANY INC "~ ASS INC . ASS INC ,~' 0~ ,, E f' RF,~°` # 1 i ,° RE #2 RE #3 I. IT STOP IT STOP LLC B GAL INC ~S LICENSE # 08 00075 98 00001 08 00071 85 00013 85 00009 85 00010 85 00011 03 0004 0 08 00064 07 00070 STICKER # 00956 c ro-16 00917 C (0- l7 00918 C /0- ~~ 00919 C /p- 19 00920 C 00921 C /O' ~a 00922 C !O•a~ 00923 C /o- a~ 00924 C iD--~3 00925 C /D, a~- 00926 C io- a5 00927 C /L7~~~o 00928 C /p-~'j 00929 C ID-,j$ 00930 C /o-~ 00931 C /O' 3d CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE JOE' PLACE CO OF IOWA CITY INC JO S GROCERY, INC. HN'S GROCERY INC KAMODO KLUB RSJSIC LLC KO XION THE OKERS UNLIMITED ~~~& GO #422 UM & GO LC 1~~~& GO # 51 & GO LC K & GO #52 UM & GO LC KUM O #53 & GO LC L & IGHTY SHOP, INC. L M MIGHTY SHOP INC LI OR DOWNTOWN SON CAY R IQ HOUSE LTD UOR HOUSE LTD TRT 1~R T_ ~ n Tl'"~T - rT rn1 i--~ KT TlD TTT('' SPlijn 5 C'Sare.~fes NO DODGE EXPRESS D EXPRESS ,INC 0 HE GO CONVENIENCE STORES N THE GO CONVENIENCE STORES INC P H MINI MART INC Al~'T'H MINI MART INC R~D P HI H MEARS LICENSE # STICKER # 08 00072 0093/2' /D~31 85 00054 933 C /p- 3a 09 0006 0$'`00069 00958 C ~0-33 85 00025 00934 C /D-3'q- Ol 01087 00935 C /D-3rj Ol 01088 00936 C /D-3~o Ol 01089 00937 C /d-3? 85 00045 00938 C ~~,. ~~ 07 00072 00939 C /D~~ 03 00008 00940 C ~~_ 08 00065 00941 C 1 01090 00942 C /D-4-I 0000002 00943 C ~0--~ 05 0003 00944 C /0- Q-3 e, 06 000'x;0 00945 C /p ~ ,~ CIGARETTE PERMITS PRINTED 13-MAY-09 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE RJ' EXPRESS WZ LLC RUSS' NORTHSIDE SERVICE RUSS'NORTHSIDE SEVICE S AUCE INC SCO BLVD HAWKEYE CONV] KEYE OIL CO INC SU AN BP AMOCO BURBAN INVESTORS LC UBURBAN AMOCO KEOKU] UB INVESTORS, L.C TCB DTW INC TO CO BOWL SSISSIPPI VALLEY TOBAc TOB OUTLET PLUS #53' K TRIP INC WAL-MART #1721 WAL-MART "STORES INC W REEENS #5077 ,' ALGREEN COMPANY` TQTAL CIGARETT] LICENSE # STICKER # 07 00075 009 C /d- 4"S 1005 / 00947 C b~60 00960 C /~~ 1007 00948 C ~fl- ~-7 1007 00949 C /0'-9-g )012 00950 C /Q-~' )059 00959 C )009 00952 C /Q - +j0 )008 00953 C /p_,$f )012 00954 C )029 00955 C /p_ 5d `fc~ C ~) Purchase and Sale Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: City of Iowa City, an Iowa municipal corporation (hereinafter "City"). The University of Iowa (hereinafter "Buyer"), hereby offers to buy all the City's right, title and interest in the real estate legally described as follows: Lot 1 of the North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4, Iowa City, IA. According to plat thereof recorded in Book 45, Page 91, plat records of Johnson County, IA. together with all the City's right, title and interest in all Improvements, if any, located on the above- described real estate, and under any easement and servitudes for the benefit of the City, free and clear of all liens, encumbrances, reservations, exceptions and modifications except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": Zoning and building laws and ordinances; Buyer. 2. Subject to covenants, restrictions, reservations and easements of record approved by In consideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. The purchase price shall be 225 000 (the "Purchase Price"}, paid as follows: 2 000 in earnest which will follow this offer by separate submittal and be deposited upon acceptance of this offer, in the trust account of Iowa Realty Commercial, delivered to the City at the time of closing and transfer of possession, if any, and the balance payable in full at the time of closing and transfer of possession. 2. ABSTRACT AND TITLE. City shall promptly deliver to the Buyer for examination an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in City, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the City. The City shall pay all costs required to deliver marketable title to the Properly and City shall pay the cost of any additional abstracting and/or title work due to acts or omissions of City, including transfers or death of City or assigns. The abstract shall become the property of the Buyer when the Purchase Price is paid in full. 3. DEED. At the time of closing and upon payment of the Purchase Price, City shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances. ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 2 4. POSSESSION AND CLOSING. Subject to the Buyer's and City's timely performance of all obligations herein, closing shall be held at a time mutually agreed upon by City and Buyer, no later than one hundred eighty (180) days after formal approval of the agreement by the City Council of Iowa City pursuant to paragraph 16 of this agreement (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the Buyer shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 5. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from City regarding the condition of the properly or improvements thereon. Within one hundred twenty (120) days of formal approval of this agreement by the City Council for City pursuant to paragraph 16 of this agreement ,the Buyer, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property and conditions related to the Property, including but not limited to surveys, soil tests, well water tests and/or reports, environmental studies, review of zoning and/or other applicable legal regulations, costs of development, as it deems reasonable or necessary prior to closing. The City hereby grants the Buyer, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any environmental deficiencies, including hazardous materials, substances, conditions, or waste. Buyer shall indemnify and hold harmless City from and against any and all expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. Buyer may notify City in writing of any such deficiency. Failure to do so shall be deemed a waiver of Buyer's inspection and repair rights. In the event of any claim or demand by Buyer as a result of inspections, City shall declare and commence one of the following options: (a) curing the deficiency, or (b) amending this agreement by giving Buyer a credit for the cost of curing the deficiency, or (c) canceling this agreement. If prior to the Closing Date City does not promptly cure all such deficiencies in a manner mutually agreeable to the Buyer and City, then Buyer may declare this offer null and void. 6. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and City shall deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the Property is on City until the Buyer takes possession. Prior to possession by the Buyer, City shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either: (1) take possession of the Property and accept an assignment of all City's right, title and interest in and to any claims City has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 7. TAXES. City shall pay apro-rata share of any taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 3 calculation of taxes payable in the fiscal year commencing July 1, 2009. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. The parties agree and acknowledge that the Buyer intends to remove the Property from the tax rolls. 8. REMEDIES OF THE PARTIES. In the event of default hereunder, Buyer and City is entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 9. SPECIAL ASSESSMENTS. City shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 10. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 11. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 12. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 13. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 14. AGENCY DISCLOSURE. City is represented in this transaction by real estate agent Peggy Slaughter of NAI Iowa Realty Commercial. 15. NOTICE. Any notice required under this agreement shall be deemed perfected when it is received in writing either by personal delivery or upon the date of the posting of said notice posted by Certified Mail. Such notices to City shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa, 52240. Such notices to Buyer shall be sent or delivered to George Hollins, UI Business Manager, 2660 University Capitol Centre, Iowa City, Iowa, 52242. 16. IOWA CITY COUNCIL APPROVAL. City's obligations under this agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa. City shall seek said approval promptly after acceptance of execution of this agreement by the City Manager on behalf of the City. 17. TIME FOR ACCEPTANCE. City on or before 5:00 P.M returned to Buyer. 18. See Addendum 1. If this offer is not accepted by the City Manager on behalf of the on July 1, 2009, it shall become void and all payments shall be ACP PurchAgmt - Final.doc Purchase and Sale Agreement Page 4 This Offer is presented to the City on this 22"d day of May, 2.009. ~ ~ •~• j -~ jz•• - ~ ~ • - ~ •=~ - -• • • BUYER: _The University of Iowa _ BY: George M. Hollins University Business Manager This offer is accepte his ~rt~ day of /`"( «l y _ e~~o' ~ at CITY OF IOWA CITY, I City Manager ACP PurchAgmt - Final.doc ADDENDUM Addendum I Addendum to Offer to Buy Real Estate and Acceptance ,... Seller,;, CityAf Iowa.. City, . ,:. , .. Buyer: The University of Iowa BUYER CONTINGENCIES. Buyer's Offer to Buy is subject to and conditioned upon satisfaction of the following contingencies: a. Final approval by the Board of Regents, State of Iowa under the terms and conditions of this Offer to Buy. b. Buyer obtaining a written commitment for financing of the purchase price from one or more lenders of Buyer's choice under such terms and conditions as may be satisfactory to Buyer. Buyer shall use reasonable diligence to satisfy these conditions. If all of these contingencies have not been satisfied, in Buyer's sole discretion, or waived by Buyer within 90 days after the date of Seller's acceptance of this Offer to Buy ("Contingency Period"), then either Buyer or Seller may thereafter terminate this agreement, unless all contingencies are sooner satisfied and/or waived, by giving written notice to the other, in which event this Offer to Buy and Acceptance shall become null and void and any earnest money paid by Buyer shall be promptly returned. Buyer's acknowledgment of satisfaction of contingencies, or Buyer's waiver of contingencies, shall be effective only if given to Seller in writing. The Contingency Period for any one or more of the contingencies may be extended by written agreement of both parties. 2. ENVIIZONMENTAL MATTERS. a. Seller warrants to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous waste or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea- formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: City of Iowa City B M1f ,;.•. Ci ~,rl v ,Title By The U e ity Io a By George M. Hollins, University Business Manager Title By Title "'~ ac s Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-199 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Los Cocos - 1921 Keokuk Street Passed and approved this 16th day of une , 20 09 R Approved ATTEST: ~ `~ ~ ,~L~ ~P'~'~ CI LERK City Attorney's Office is ~ y~e) It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion _ g Correia x Hayek ~ O'Donnell _ x Wilburn -~~ Wright M+y 4d(1 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-200 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 30, 2009 TO CONSIDER A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR LOT 1 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. WHEREAS, The North Airport Development Subdivision Part Two includes commercial lots which have been marketed for sale to the general public; and WHEREAS, City has negotiated a purchase agreement with the University of Iowa, a copy of which agreement is attached, that requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached purchase agreement between the City of Iowa City and the University of Iowa for the above- referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for June 30, 2009 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 16th day of June , 2009. ATTEST: - CIT LERK City Attorney's Office Resolution No Page 2 09-200 It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: x x X X X NAYS: O'Donnell ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdatalglossary/resolution-ic. doc iv~~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 09-201 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 30, 2009, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 06-16-09 4d 2 That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 30T" day of June, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of ATTEST:/ /Io.-~sQ,~ ~___~.r.~,~ CITY~tERK 20 09 City Attorney's Office ~/9 /~~ Pweng/re/setph pavementmarking. doc Resolution No. 09-201 Page 2 It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-202 RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641)--8R-52 8r ER-3715(642)--8R-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and WHEREAS, bids will be accepted on July 21, 2009 at 10:00 a.m. by the IaDOT in Ames, Iowa; and WHEREAS, notice of public hearing on the plans, specifications, special provisions and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, special provisions, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount between 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by the IaDOT for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the IaDOT in Ames, Iowa, until 10:00 a.m. on the 21St day of July, 2009, or at a later date and/or time as determined by the IaDOT, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of August, 2009, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 16th day / / Ap roved b~;,J ATTEST: ' ~ ~ U lftu t~~ ity k City Attorney's Office ~ !w~ p I Resolution No. 09-202 Page 2 It was moved by o' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x X ~_ X x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc 06-16-09 7 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND STIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON / US 6 BRIDGES FLOOD REPAIR ROJECT [ER-3715(641)--8R-52 & ER 715(642)--8R-52], ESTABLISHING A OUNT OF BID SECURITY TO ACCO PANY EACH BID, DIRECTING CITY LERK TO PUBLISH ADVERTISEM T FOR BIDS, AND FIXING TIME AND P CE FOR RECEIPT OF BIDS. WHEREAS, this project will b bid by the Iowa Department of ransportation (IaDOT); and WHEREAS, bids will be accept don July 21, 2009 at 10: a.m. by the IaDOT in Ames, Iowa; and WHEREAS, notice of public hearin on the plans, sp cifications, special provisions and estimate of cost for the above-name project was blished as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVE BY E COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, speci p ovisions, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accom any each bid for the construction of the above- named project shall be in a amount b tween 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is her y authorized and dl ected to publish notice for the receipt of bids by the IaDOT for th construction of the ab ve-named project in a newspaper published at least once wee y and having a general ci ulation in the city. 4. Bids for the ab ve-named project are to be re eived by the IaDOT in Ames, Iowa, until 10:00 a.m. on he 21St day of July, 2009, or at later date and/or time as determined by the IaDOT, Ith notice of said later date and/or ime to be published as required by law. Thereafter a bids will be opened by the IaDO and thereupon referred to the Council of the Cit of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting, o be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the to day of August, 2009, or at a later date and/or time as determined by the Direct r of Public Works or designee, with notice of said later date and/or time to be publi hed as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed ~(nd approved this day of ATTEST: City Clerk 2009. Mayor Approved by: .,~~~, s. J~Z.c~rr~yn/~~fz~ rCity Attorney's Office ~ /7l0' ~ ~ Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-203 RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT [ER-3715(638)--8R-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and WHEREAS, bids will be accepted on July 21, 2009 at 10:00 a.m. by the IaDOT in Ames, Iowa; and WHEREAS, notice of public hearing on the plans, specifications, special provisions and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, special provisions, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount between 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by the IaDOT for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the IaDOT in Ames, Iowa, until 10:00 a.m. on the 215f day of July, 2009, or at a later date and/or time as determined by the IaDOT, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of August, 2009, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 16th day ATTEST: . ~~~s~ City rk city Attorney's Office ~~ ~~~? Resolution No, 09-203 Page 2 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey _~_ Champion x Correia x Hayek x O'Donnell x Wilburn ~_ Wright wpdata/glossary/resolution-ic. doc ~ --a 1 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA X2240 (319) 356-5145 RESOLUTION NO. RESOLUTION APPRO G PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CON TRUCTION OF THE RIVERSIDE RIVE FLOOD REPAIR PROJECT [ER-3715(63 )--8R-52], ESTABLISHING AMO NT OF BID SECURITY TO ACCOMPANY EA H BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR DS, AND FIXING TIME AND LACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid b~the Iowa Transportation (IaDOT); and WHEREAS, bids will be accepted on Jt~y 21, 2009 at 1 q~00 a.m. by the IaDOT in Ames, Iowa; and \\ / WHEREAS, notice of public hearing on the lans, s ecifications, special provisions and estimate of cost for the above-named proje was ublished as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY IOWA THAT: COUNCIL OF THE CITY OF IOWA CITY, The plans, specifications, special project are hereby approved. and estimate of cost for the above-named 2. The amount of bid security to ccompany a ch bid for the construction of the above- named project shall be in the ount betwee 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby aut orized and directed to publish notice for the receipt of bids by the IaDOT for the constr ction of the above-na ed project in a newspaper published at least once weekly and ving a general circulati in the city. 4. Bids for the above-nam d project are to be receive by the IaDOT in Ames, Iowa, until 10:00 a.m. on the 21St ay of July, 2009, or at a later ate and/or time as determined by the IaDOT, with notic of said later date and/or time t be published as required by law. Thereafter the bids ill be opened by the IaDOT, and ereupon referred to the Council of the City of low City, Iowa, for a recommendation faction upon bids at its next meeting, to be hel at the Emma J. Harvat Hall, City Ha Iowa City, Iowa, at 7:00 p.m. on the 4th day o August, 2009, or at a later date and/ r time as determined by the Director of Publ~ Works or designee, with notice of said later date and/or time to be published as r uired by law, or if said meeting is cancelle , at the next meeting of the City Council t reafter as posted by the City Clerk. Passed and approv ~d this day of , 2009. /~ Mayor Approved by: ATTEST: ~~ ~ ~~~ City Clerk City Attorney's Office /a~~ Prepared by: Wendy Ford, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 09-204 RESOLUTION APPROVING THE PLANS AND BUDGET FORA 50/50 COST-SHARE PROJECT WITH DAVIDSON HOTELS TO IMPROVE AND ENHANCE THE PUBLIC ACCESS EASEMENT FOR THE EXTERIOR WALKWAY CONNECTING THE CITY PLAZA TO DUBUQUE STREET AT THE SHERATON HOTEL WHEREAS, one of the objectives in the City-University Urban Renewal Area Plan is to provide a safe, efficient and attractive circulation system minimizing conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles, and WHEREAS, the City entered into an agreement in October, 2008 with RBD Iowa City, LLC, the owner of the Sheraton Hotel, allowing them to remodel and enlarge their lobby and restrict the size of the public access easement in the interior passageway, and WHEREAS, in exchange for the restriction in size and anight-time (11 pm to 6 am) restriction of access to guests only, the Sheraton agreed to a 50% cost share project to enhance the public access easement on the existing exterior walkway along the west side of the hotel; and WHEREAS, the Staff Design Review Committee (SDRC) reviewed and approved designs and revisions to plans for the enhancement of the exterior walkway on the public access easement on the west side of the Sheraton Hotel as required in the downtown Urban Renewal Area, and WHEREAS, the City Council Economic Development Committee (EDC) reviewed and recommended approval of the proposed design plans for the exterior walkway enhancement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The proposed Exterior Easement Improvements plan, as revised and recommended by the Staff Design Review Committee and the Economic Development Committee, is hereby approved by the Iowa City City Council as required by the terms of the Agreement for such improvements between the City and RBD, Iowa City, LLC dated October 2008. Passed and approved this 16th day of ATTEST: ~~~~ -~ ~./ C T CLERK 20~~ City Attorney's Office S:\att\legal\sarah\ecodev\sheraton hotel exterior ww design Reso.doc Resolution No. 09-204 Page 2 It was moved by 0' Donnell and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia X Hayek X O'Donnell X Wilburn ~_ Wright wpdata/glossary/resolution-ic.doc r ~-='~~l~.p`~~r CITY OF [01NA CITY _9_ MEMoRA~v~uM To: City Council From: Wendy Ford, Economic Development Coordinator Jann Ream, Karen Howard, Christina Kuecker, Staff Design Review Committee Date: June 5, 2009 Re: Sheraton Hotel Exterior Walkway Enhancement Project Last October, the City entered into an agreement with the Sheraton Hotel allowing them to remodel and enlarge their lobby and restrict the size of the public access easement in the interior passageway. In exchange for the restriction in size and anight-time (11 pm to 6 am) restriction of access to guests only, the Sheraton agreed to a 50% cost share project to enhance the public access easement on the existing exterior walkway along the west side of the hotel. The hotel presented designs by local architect, Neumann Monson to the Staff Design Review Committee (SDRC) and staff from public works and planning on April 23, and again, with revisions, on Tuesday, May 26. After two reviews and revisions, SDRC members approved the plans, a requirement for new construction in the downtown Urban Renewal Area. The key elements of the redesign, estimated to cost from $250,000 - $260,000 are: • An extension of the steel and glass structure canopy over the covered walkway • Interior lit signage on the canopy ends reading City Plaza on the south and Dubuque Street on the north • An increase in the number of light fixtures within the covered walkway. The type of light fixtures specified are those that are fully downcast and eliminate all glare to pedestrians. Through the review process, there was much discussion about the quantity and the quality of light. As important as providing swell-lit walkway, it is equally important not to provide too much light, which can be blinding for pedestrians and vehicles alike. • The addition of 10 lighted bollards along the sidewalk edge and up to the south side entrance of the walkway • New sidewalk surfaces o from the north entry in the walkway to the alley on the south. o a widened sidewalk on the south side of the walkway. o a stamped, colored concrete pedestrian walkway diagonally across Dubuque Street delineating the direction to the parking garage, and separating pedestrian from vehicular traffic. • New textured concrete retaining wall to replace existing railroad ties and concrete blocks along western edge of walkway. • New landscaping, trees and plant material in the green space south of the walkway. At their meeting on May 27, the City Council Economic Development Committee approved the plans 3 - 0 with one change -that the location of the ATM machine be moved further from the north side of the walkway. Subsequently, the City Attorney's office has determined that the location of the ATM machine falls outside of the scope of the project (see attached memo). We will discuss the design concept with you at the June 15 work session. cc: Dale Helling Jeff Davidson Sarah Holecek r ~~,~.:.®~~ CITY OF IOWA CITY •, ~~ Date: June 5, 2009 To: City Council From: Sarah E. Holecek, First Assistant City Attorney Re: Proposed improvements to the exterior walkway of the Sheraton Hotel As you may recall, the City and RBD Iowa City LLC, owner of the Sheraton Hotel, entered into an agreement which required the City and RBD to "reasonably and in good faith cooperate, participate and agree to the design for the improvements" to the exterior pedestrian access easement on the west side of the hotel, with each party paying one-half of the costs of such improvements. RBD has submitted proposed plans for the improvements which have been approved by the staff design review committee and the Economic Development Committee. However, there are some questions regarding the City's ability to require improvements to the wall to the west of the walkway owned by Martini's as well as prescribe the location of the ATM that is currently located in the interior walkway. As the wall that abuts the exterior walkway on the west is wholly owned by Martini's and is not subject to any easement for the benefit of the hotel or City, the City and the hotel are without any legal authority to do any improvements to the wall without the consent of the owner. If the hotel and/or City wished to improve the wall in any respect, such improvements would need to be agreed to by the owner. The agreement between the hotel and the City requires that the City review and in good faith cooperate and agree to the design of the improvements within ninety (90) days of their submission. Thus, it is imperative to continue the momentum on the exterior easement improvements and leave the possibility of reaching an agreement with the owner to improve the Martini's wall for the future. Additionally, the ATM that is currently located within the interior walkway was not contemplated or required as part of the original interior pedestrian access easement agreement or the current agreement to improve the exterior walkway. The inclusion of the ATM in the interior walkway was likely a business decision by the hotel to increase foot traffic and provide convenience to its patrons. As the proposed location of the ATM is outside of the exterior walkway easement area, the City has no authority to prescribe its location or relocation upon the hotel's private property. Similarly, as the ATM is outside the scope of the exterior walkway improvements project, the City will have no obligation to participate in the cost of its installation. If you have any questions regarding this matter, please feel free to contact me. Cc: Jeff Davidson, Director, PCD Wendy Ford, Economic Development Coordinator Eleanor M. Dilkes, City Attorney Hard copy provided to Council at their agenda packet Thursday, June 11 for Agenda item # 9 p C A m 1 ~ 1 D i D Z n m 0 c~ m m z m D n r mm ~ I `Lc- ~,.) V~~ a~~, N~,;~`IrV ,, ~ .~ ~ Sheraton (I I Y OF 1011 A CI (YI NEUMANN MONSON ARCHITECT S 4.29.09 No. 1 SITE PLAN HOTEL LOBBY ,~ • D / T RESTAURANT/BAR j MEETING RR MEETING ~ ,' ~ ~ RR ~ i MEETING ~ DUBUQUE STREET PLA7_A TOME RS EXISTING NEW No. 2 OVERALL VIEW FROM SOUTH NEW TREES NEW BUSHES NEW LIGHTED BOLLARDS NEW SOD NEW RETAINING WALL NEW CONCRETE SIDEWALK _~ ~-- -- --. - ~--..,-rf7 iT`i No. 3 VIEW FROM SOUTH ALPINE CURRANT FLOWERING PEAR No. 3a NIGHT VIEW FROM SOUTH EXISTING NEW BACKLIT ~:_, SIGNAGE - ~, 'y'r. NEW _ ~. EXTENDED CANOPY ~*--~~ ~:. ?; ~.',.,° ~ . ~: ~„w EXISTING ?z;;`~~s:'~y: WOOD FENCE NEW RETAINING WALL NEW LIGHTED BOLLARDS NEW CONCRETE SIDEWALK NEW No. 4 VIEW OF CANOPY NEW LIGHT FIXTURES REFURBISHE GLASS CANO ^~ i ~I 9 I~'~N~ ' ~ i~ EXISTING -~ _ NEW CONCR .. SIDEWALK EXTENDEDT BUILDING EC w~ No. 5 VIEW THROUGH WALKWAY NEW ^~l of ~~ I~~N~ ~~ EXISTING d _ ,. NEW No. 5a NIGHT VIEW THROUGH WALKWAY NEW BACKL SIGNAGE NEW EXTEN CANOPY NEW ATM LOCATION No. 6 VIEW FROM PEDESTRIAN MALL No. 6a NIGHT VIEW FROM PEDESTRIAN MALL Power point presentation to Council at their formal meeting Tuesday, June 16 for Agenda item # 9 p C A m 1 ~ 1 D i D Z n m 0 c~ m m z m D n r mm ~ I `Lc- ~,.) V~~ a~~, N~,;~`IrV ,, ~ .~ ~ Sheraton (I I Y OF 1011 A CI (YI NEUMANN MONSON ARCHITECT S 4.29.09 No. 1 SITE PLAN HOTEL LOBBY ,~ • D / T RESTAURANT/BAR j MEETING RR MEETING ~ ,' ~ ~ RR ~ i MEETING ~ DUBUQUE STREET PLA7_A TOME RS EXISTING NEW No. 2 OVERALL VIEW FROM SOUTH ~., ~~„; '~, ~. ~~~_~ f ~-~, _- - r ,; ~ _ ~ NEW TREES n_ New s+~srl~s ~`° ~ ~ ~w.~ ~.,, ~.t'~' ~"~ , ~ -- NEW LIGHTEp I NEW St3LY --~ ._ ~„F-~,t~ yti4~ NEW ,~~~~~ RETAINING WAL.~, ~ - ~~-~„ ~y~~C NEW CONCRETE -" "-- - 53DEWALK ~~ ~1~. ~ VIEW FRAM S+~UTH ALPINE CURRANT FLOWERING PEAR. _~ °4 ~ly N~, 3a NIGHT VIEW FRAM S~3l~TH ^ ~~ ~..~ ,~ i I ~'} ~~~ ~'' NEW L€GH7ED 60LLRR6S HEW GONGREF 5[9EWALK E}CISTfiVG h~EW NEW 8AGK~.IT S['GNAGE M€W E%.TEHI]EH CAP ExISrIHc 44'C7C36 FENCE HEW RETA]NIN+ J, u' t1 I '~ N~. 4 MEIN ~]F CAI~f~P`Y ~XI571f~G NEW LIGi~iT _ FIXTURES REPURB65HE0 GLASS CANOPY NEW PAINT NEW CC3NCRETE Si~DEWALFi - E%:TENpE.6 TQ BUILD6NG EDGE ~~~ N~. 511~E1N THRC~U~H IALKII'VAY ~~- ~'~, ~_ -~ .. ~;: ~ ~'~ ~. ~~ ~~~, ~~= t ~. ..~~ ~, ~~ ,.yam CF ~~ 67 r~ i- ~, ~. F i a : 3F t k. IF ~_ A A i ~~ ~~ '- E~fSTING r ~~~ NEW Vin. 5~ I~IGF~T 1~IE THR~DU+G~i UVALKA-Y 'NEW BACKLIT SIGNRGE NEW E~CTEN®E® CR~OPY IVY. ~ ~V" I E~I"'I1' F R+D M F' ~ ~ E STIR I-4~J IVIAL L No. ~~ NIGHT VIEVII FRC3M PEaE,ST~IAN ~u'IALL ~¢s+o,~. ~,; ~ ~a ~r 11 tom' ~ Marian Karr From: Mike Wright Sent: Tuesday, June 16, 2009 3:22 PM To: Marian Karr Subject: F1N: ATM Attachments: MikeFinllayson.jpg; Glacier Bkgrd.jpg J =J MikeFinllayson.jpg glacier Bkgrd.jpg (3 (6 KB) KB) -----Original Message----- From: Mike Finlayson [mailto:mfinlaysonc~westbankiowa.com] Sent: Tue 6/16/2009 9:30 AM To: Regenia Bailey; Amy Correia; Ross Wilburn; Matt Hayek; Mike Wright Subject: ATM Regenia and councilors, Just a comment on the ATM issue in the proposed revised walkway next to Sheraton, there are currently 2 ATM's on each end of the walkway within 10-20 yards. One of them is next to Brothers Bar (outside) and the other is at my branch of West Bank. Ours is well lit and has camera surveillance for safety. It seems kind of redundant to have one placed in the walkway when the service exists in close proximity. Mike Michael J. Finlayson Branch Manager/ Personal Banking Officer West Bank, Iowa City Telephone: 319-358-5643 Cell: 319-541-0354 Fax: 319-887-2551 mfinlayson@westbankiowa.com Investment products are not deposits of, or guaranteed by, a bank or any bank affiliate. Not FDIC insured. May lose value. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you. 1 M~-~ ~o Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 0 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 21st day of July, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 28th day of July, 2009, or at a special meeting called for that purpose. Passed and approved this 16th day o' "~ ATTEST: CI LERK pweng\res/SheratonPedWalk 6/09 Resolution No. 09-205 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X___ x x X ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc Michael A. Mauro N P1C OF IO~v9 Secretary of State N ~i..: W ~9f S Ay y° State of Iowa ra RY Of 28E Agreement c FILED WI N LL M502531 0 6/23/2009 11:25:47 AM W PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights. (Res 09-206) Item 4. The duration of this agreement is: (check one) Agreement Expires 6/30/2010 ^Indefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ^ NO m YES Filing # of the agreement: M501110 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttleC~iowa-city.org Phone 319-356-5043 nM ~ 21 Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 09-206 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2010 at a rate of $32,310, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2010 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code Chapter 28E. Passed and approved this 16th day of June , 20 09 ATTEST: CI ERK t- R Approved by ~~~ r City Attorney's Office Resolution No. 09-206 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X X -~ 5i' NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Ppdadm/res/28E-IC-UHeigMs.doc RESOLUTION NO. 09-05 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2010 at a rate of $32,310, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA: 1. The attached FY2010 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of University Heights. 2: The City Clerk is directed to file electronically a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 12th day of May , 2009 r' ou' e From, MAYOR ATTEST:. l.~v~'i ~ ~. i~-y~G~w~.4~') Christine Anderson, CITY CLERK jccogtp\res128e-Res-fromUH.doc Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319-356-5252 FY2010 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this /G day of JkNE , 2009, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: /. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. //. Duration The term of this agreement shall commence July 1, 2009, and continue through and including June 30, 2010. ///. Termination This agreement may be terminated upon thirty calendar days written notice by either party. /V. Compensation The City of University Heights agrees to pay $32,310 for the provision of public transit service as herein described during FY2010. Payment shall be made in twelve monthly payments of $2,692.50 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of /owa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF I By: Attest: cj' (` City rk, Marian K. Karr Approved by: City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS _.. B ~~ ~~ y; `, Louis From, Mayor Attest: ~~~ ~. ~ ~~ City Clerk, Christine Anderson On this f ra'`~ day of u>,~ 20~, before me, Sondrae. or-l- , a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Orf}it~at~ee) (Resolution) No. 09-~ passed by the City Council, on the /ro ~ day. of ~w.,e , 20 04 ,and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~a SONpRAE FORT _ ~ Commission Number 159791 My Commission Fires S~„~y ~~{~ Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 12th day of Mav 20~, before me, Steven E. Ballard , a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 09-05 passed by the City Council, on the 12th day of May , 20 09 ,and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the c rporation, by it voluntarily executed. ~'"~ ~, STEVEN E. EALLgRp ~. ~ -.~ COMMtssloN N0.161385 Notary Public in and for the State of Iowa '~ MSC MMISSI N D~1RE$ IOWA jccogtp/agU2 t ~ as Prepared by: Kristopher Ackerson, Assistant Transportation Planner, 410 E. Washington St. Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 09-207 RESOLUTION AUTHORIZING AND DESIGNATING THE CITY LANDFILL SUPERINTENDENT OR DESIGNEE TO SUBMIT THE CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CREATE AN ENERGY CONSERVATION PROGRAM WHEREAS, the City of Iowa City is currently creating an inventory of greenhouse gas emissions for all City operations and identifying opportunities to reduce pollution and increase energy efficiency; and WHEREAS, implementing and promoting energy efficiency programs and incentives is an economic development opportunity for the community; and WHEREAS, other communities in Iowa are implementing sustainability initiatives; and WHEREAS, the U.S. Department of Energy administers the federal Energy Efficiency and Conservation Block Grant Program (EECBG), the purpose of which is to fund improvements that increase energy efficiency and reduce energy consumption; and WHEREAS, the City of Iowa City desires to submit an application requesting $692,300 from said program to develop an energy conservation strategy and implement programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The City hereby officially endorses and directs the City Landfill Superintendent or designee to submit an EECBG application to the U.S. Department of Energy before the June 25, 2009 deadline and to implement certain energy conservation projects. 2. The City Manager or designee is hereby authorized to execute all necessary agreements and documents for said grant with the federal Department of Energy. 3. The City hereby authorizes the following staff to receive funds from said program: City Finance Director, City of Iowa City, 410 East Washington Street, Iowa City, Iowa 52245; phone: (319) 356-5053. 4. The City affirms that expenditures from said program will abide by the Davis-Bacon Act wage rates. and apprd~ed tl 16t ay of June 2009. CITY CLERK Approved b ~ ~ k- ~` ~""f~~~ City Attorney's Office~~ /~ 2o7j' C:\WINDOWS\Temporary Internet Files\OLKAOE\IA-City-Iowa City-Assurances.DOC Resolution No. 09-207 Page 2 It was moved by Wilburn and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x X___ x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic. doc 06-16-09 22 r CITY CJF IOWA CITY ~~~~~~ ~~ Date: June 10, 2009 To: City Council ' % o From: Dave Elias, Superintendent, Wastewater and Landfill ~~~~ John Yapp, JCCOG Executive Director ~'y-rv~- Re: U.S. Energy Efficiency and Conservation Block Grant Program In April, a new federal stimulus program called the Energy Efficiency & Conservation Block Grant (EECBG) program was created. The City of Iowa City was awarded $692,300 to create and implement an energy efficiency strategy. Planning and Public Works staff have been meeting weekly to outline a draft strategy to leverage these funds. The first priority of the committee was to look for opportunities to dovetail this grant with existing efforts that we are already committed to. These include: • Greenhouse gas inventory and emissions reduction action plan. The Council has joined the ICLEI / "Cool Cities" program and directed staff to engage their 5 Milestone process for carbon emissions reduction. (update to Council at an upcoming work session) • ECO Iowa City Program - through a Public Library Innovation Grant, of the International City/County Management Association, the Library and Landfill are partnering in a project which provides education and low-cost energy conservation materials such as weatherproofing kits • Eastside Recycling Center Programs Based on the funding level, eligible uses, three-year deadline to spend the funds, and opportunities to coordinate with the existing programs noted above, staff proposes the following four-pronged strategy to leverage the Energy Efficiency and Conservation Block Grant funds: A. Municipal Energy Conservation -Approximately $350,000 in EECBG Funds i. Request free energy audits from utility companies for eligible municipal structures. ii. Utilize $5,000 in grant funds to purchase energy audits for municipal buildings not eligible for free audits. iii. Implement energy conservation projects in municipal buildings identified by the energy audits: $345,000. B. Public Awareness of Existing MidAmerican Energy Audit Program -Approximately $12,300 in EECBG Funds i. Create public service announcements promoting the existing, free residential and commercial energy audits. ii. Partner with the ECO Iowa City Program to distribute weatherproofing kits and compact fluorescent light bulbs to residents. iii. Publicize energy savings achieved by municipal buildings to inspire community members to request energy audits. C. Energy Efficiency Revolving Loan Fund - Approximately $250,000 (maximum permitted) in EECBG Funds i. Identify application criteria and terms of the loans. ii. Entice economic development by offering low/zero interest loans to off-set costs for energy conservation upgrades for new and existing large commercial, industrial, or municipal structures. Potential projects include heat pumps, radiant heating, high efficiency motors, etc. iii. Consider identifying a local non-profit as the revolving loan program administrator. D. Environmental Coordinator -Approximately $75,000 in EECBG Funds over three years i. The Environmental Coordinator is already budgeted beginning in FY10 through the Landfill Enterprise Fund -not General Fund -and is a logical hub for administration of this grant. The opportunities and requirements of this grant will make it necessary to supplement this position with interns. The grant will fund these interns for three years. ii. Develop and implement a climate action plan. iii. Implement a new Sustainable Iowa City webpage. iv. Monitor municipal energy consumption. v. Implement energy savings programs in municipal departments. We believe this approach, in combination with leverages opportunities to improve municipal, efficiency and resource conservation efforts. Iowa City's other environmental initiatives, best residential, and commercial/industrial energy Council Action Required: The initial application is due to the U.S. Dept. of Energy by June 25'h. To submit this initial application, Council must approve the enclosed resolution at its June 16'h meeting. This summer, staff will continue to consult with MidAmerican Energy Co. and other project partners to flesh-out a detailed strategy. In August, prior to submittal and implementation, staff plans to present more specific strategy options to Council for approval. Feel free to contact us at Dave-Elias@iowa-city.org, 887-6106; or John-Yapp@iowa-city.org, 356-5252. We will also be at your June 15th work session to present this information and answer questions. Cc: Marcia Bollinger Jeff Davidson Wendy Ford Rick Fosse Jennifer Jordan Brenda Nations 2 M ~~, 23 Prepared by: Marcia Bollinger, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 09-208 RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE. WHEREAS, the City, for the purpose of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Peninsula Park Sculptor's Showcase on November 2, 2004 by Resolution NO. 04-306; and WHEREAS, the Peninsula Park Sculptor's Showcase, a concrete pad located adjacent to the Iowa River Dam Pedestrian Bridge in Iowa City, allows the opportunity for students of art to display their work for approximately a year; and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of an Iowa artist at their June 4, 2009 meeting; and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period of September 1, 2009 and ending no later than August 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and artist Jason Messier for the exhibition of his sculpture as described in the agreement on the Peninsula Park Sculptor's Showcase for a period of September 1, 2009 and ending no later than August 31, 2010 be approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 16th day of June ATTEST: ~ ~S ~ `~~r~r~+J CITY ERK 20 09 Ap oved by ~i L_~v-v~ City Attorney's Office wpdatalneighbor/res/messier-scuptroshowcase.doc Resolution No. Page 2 09-208 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x NAYS: Wilburn the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc CITY OF IOWA CITY PUBLIC ART PROGRAM PENINSULA SHOWCASE 2009/2010 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on June 16, 2009 between the City of Iowa City, hereinafter referred to as the CITY, and Jason Messier, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to various locations in the city and giving Iowa artists an opportunity to display their work in public, established the Peninsula Park Sculptor's Showcase in the Peninsula Park that will provide the venue to exhibit the work of student artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the Peninsula Park Sculptor's Showcase at the Peninsula Park. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad adjacent to the Iowa River Dam pedestrian bridge for an exhibition. period beginning no later than September 1, 2009 and ending no later than August 31, 2010. The ARTIST has voluntarily submitted the ART WORK described below for display on the Peninsula Park Sculptor's Showcase. Article 2. Description of art work Title: Simple Flight Material: Powder Coated/Painted Steel Height: 5 foot Approximate Weight: 300 Fair Market (insurance) value: $6500 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. 2 Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and will promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Peninsula Park Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Peninsula Park Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Peninsula Park Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from -the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Peninsula Park Sculptor's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not affected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall be included with the CITY as an insured on any policy covering such loss. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. Article 12. Interpretation and Conflict of Laws The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that he has full power to make this loan, that he has read the conditions contained in this agreement, and that he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ART T Ja Messier ATTEST . U~~~~ ari .Karr City Clerk a,3 ~ DRAFT CITY OF IOWA CITY PUBLIC ART PROGRAM PENINSULA SHOWCASE 2009/2010 MENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT i made on between the City of Iowa City, hereinafter referred to as the ITY, and Jason Messi r, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATI E shall be the Direc or of the Department of Planning and Community Development or h /her designee. Th COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for a purposes of ostering appreciation of the arts, bringing attention to various locations in the ity and giving Iowa artists an opportunity to display their work in public, established the Penin ula Park Sc ptor's Showcase in the Peninsula Park that will provide the venue to exhibit the wo k of studen artists, and WHEREAS, the CITY, on the r omme ation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter eferre to as the ART WORK, for the sculpture to be placed on the Peninsula Park Sculptor's Sho case at the Peninsula Park. A copy of said proposal as accepted is attached hereto as Ex ibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in conside contained herein, the parties agree as folio Article 1. Scope of Services of the mutual promises and undertakings The CITY will exhibit the ART WORK escribe below on the Iowa Sculptor's Showcase, a concrete pad adjacent to the Iowa fiver Dam edestrian bridge for an exhibition period beginning no later than September 1, 09 and endi g no later than August 31, 2010. The ARTIST has voluntarily submi ed the ART WO K described below for display on the Peninsula Park Sculptor's Showcas . Article 2. Description of art work Title: Simple Flight Material: Powder Coated Height: ? Approximate Weight: ? Fair Market (insurance) Article 3. (we can go up to $10,000) The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. DRAFT Article 4. Duration of Loan The ART WORK described by this agr of be released from loan from the time it is delivered to the CITY until the tim of removal fro the exhibition or the termination of the exhibition plus a reasonable peri d of time for remo al, except by prior written agreement between the parties. It is hereb agreed between th parties that the CITY is entitled to exclusive possession of the ART ORK until the ART ORK has been released from loan. Unless otherwise notified in writing y the ARTIST, the CI Y will surrender the ART WORK only to the ARTIST. If the CITY is able to return the RT WORK to the ARTIST within a reasonable period following the exp ation of the exhibiti n, and no special arrangements have been made, then the CITY shall ha a the right to disp se of the ART WORK in any manner whatsoever. In the event that owner hip changes durin the period of the loan, the new owner is required to establish his legal righ by proof satisf ctory to the CITY. This agreement is binding upon and shall inure to the enefit of the rties, heirs, executors, administrators, representatives, successors and assign . Article 5. Installation and Removal The ARTIST agrees to work with the CITY plan exhibition opening and will promptly rem vet ~ exhibition. The City reserves the right to m v~ Sculptor's Showcase for any reason whats ei agreed that the acceptance and installation o he feasibility of a safe and secure installation o he determined by the CITY, after arrival of t e F inherent qualities or attributes of the AR W F budgeting resources to safely and secur ly ins Sculptor's Showcase, the CITY shall be nder no WORK shall be retrieved from the CIT by the i CITY, but the ARTIST shall nevertheless/receive p ing for and installing the ART WORK prior to ART WORK after the conclusion of the :the ART WORK from the Peninsula Park .However, it is expressly understood and subject ART WORK is conditioned upon the Peninsula Park Sculptor's Showcase. If it is T WORK or before then, that because of ;K it is not feasible or consistent with the III the ART WORK on the Peninsula Park bligation to do so. In such case, the ART ~ TIST within 10 days of notification by the ~y ent of $500. Article 6. Transportation and Delive Transportation and delivery from tie ARTIST to the CI Y shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST deli rs and assists the CITY with the installation of the ART WORK qn the Peninsula Park Scu tor's Showcase. Return to the ARTIST shall occur at the same }location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-expose objects owned by the CITY, but CITY will assume no responsibility for loss or damaged to theft, malicious mischief, acts of God or other causes, unless specifically covered insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save a hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. ~ DRAFT Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to pre the ART ~ the ARTIST shall be given the first opportunity to make the necess repairs under CITY sup ision and within 30 days of notice by CITY of the need for repair If the ARTIST has not affected satisfactory repairs within 30 days after notification that such epairs are required, then th CITY reserves the right to repair the ART WORK or to remove it to a safe location for sto ge. Except for the repairs specified herein, the CITY will not cle n, retouch, or alter the A T WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to deter ine whether, a d for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against but the amount specified by the ARTIST must shall in no instance exceed $10,000 per ART insure the ART WORK, but in no instance s $10,000 per ART WORK. The ARTIST shall policy covering such loss. The ARTIST agr shall be limited to such amount, if any, de r from any further liability for claims arising f om the CITY from any and all losses, dams s, of any casualty to said ART WORK. Article 11. Publicity as Ity loss at a value specified by the ARTIST, of ct fair market value, and insurance coverage RK. At the CITY'S option, the CITY may self- II the CITY'S liability for casualty loss exceed included with the CITY as an insured on any es hat in the event of loss or damage, recovery min d by the insurer, hereby releasing the CITY the ss or damage, and save and hold harmless suits, ctions, or expenses of any kind arising out The ART WORK may be photogr hed and otherwise aphically reproduced by the CITY for noncommercial purposes. It is u erstood between the rties that ART WORKS displayed in the exhibition may be photograp d by the general public. Article 12. Interpretation and The agreement cannot be according to the laws of the of Laws ied expect by written instrum~t and it shall be interpreted of Iowa. ARTIST acknowledges th the has full power to make this loan, that he has read the conditions contained in this agreem nt, and that he agrees to abide by the terms and conditions contained herein. / ~ nrtaFr ° ~ `. ._~ Asa ~~ .. _~ £ - .`iH~ `~ ak~'yi x ,,. rf"s:z. .::. 1 rye r y ~~ ~. 1B _ ~ fi _ ~ aY' n L ~, _ n " ly !i ..... ~<~ ! i ~• „r ~~ ;~` ~„~ ~. ~'; ,,., '~; 4~i ~ ~ p~: A . ~.:. fY.,l.. 24 Prep by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 09-209 RESOLUTION APPROVING A PURCHASE AGREEMENT FOR 1807 LOWER MUSCATINE ROAD, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the property located at 1807 Lower Muscatine Road, Iowa City, Iowa, currently owned by Judith Swartzendruber, is currently used for residential purposes and recently came on the market for sale; and WHEREAS, this property will be significantly impacted by the Lower Muscatine Road Reconstruction Project as the City realigns the Sycamore St & Lower Muscatine Rd intersection; and WHEREAS, although the City has not yet begun the property acquisition phase of this project, Staff believes the acquisition of this property is in the public interest at this time since it is being voluntarily listed on the market; and WHEREAS, this purchase agreement anticipates paying $155,000, which is the asking price for the home, which will be paid out of the Project's CIP Budget; and WHEREAS, in order to comply with federal requirements governing this Project, the owner is voluntarily dedicating the right-of-way necessary for the project on the condition that the City acquire the remaining land at fair market value; and WHEREAS, the offer is contingent upon City Council Approval; and WHEREAS, it is in the best interests of the citizens of Iowa City for the City to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Offer to Purchase Real Estate and Acceptance attached hereto is approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the purchase agreement as approved herein. Passed ATTEST Resolution No. 09-209 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x x X x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic. d oc Prepared by: Sara F. Greenwood Hektoen, Assistant City Attorney, 410 E. Washington, Iowa City, Iowa 52240 RESIDENTIAL PURCHASE AGREEMENT TO: Judith Swartzendruber, Seller The City of Iowa City, a municipal corporation of the State of Iowa (herein "City") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Johnson County, Iowa, locally known as 1807 Lower Muscatine Road, Iowa City, Iowa 52240 and legally described as follows: (legal description to be approved by City Attorney- said legal description is not to include the land to be donated to the City for right-of--way purposes. See attached Exhibit A for general property boundary) together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property" The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; 2. covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $155,000 paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller pays its prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2009. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. Buyer shall be given a credit for such proration at closing. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Sellers. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. City may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the City takes possession. Prior to the City taking possession, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, closing shall occur after approval of title by buyer's attorney on or about June 30, 2009. Seller agrees to permit City to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. Seller shall be permitted to remain in possession of the Property pursuant to a separate lease agreement and shall deliver possession of the Property to the City on July 6, 2009. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: attached wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water softeners (except rentals), shutters, venetian blinds, awnings, storm windows, storm doors, screens, television antennas (including satellite dishes), air conditioning equipment (except window type), door chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs and plants. 7. NEW CONSTRUCTION: If the improvements on the subject property are under construction or are to be constructed, this Agreement shall be subject to approval of plans and specifications by the parties within 10 days of acceptance of this Agreement. New construction shall have the warranties implied by .law, those specifically made by suppliers of materials/appliances, and those specifically tendered by the contractor. 8: ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to City's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of City when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 9. SURVEY. City, at City's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of her knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos or urea-formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also. provide City with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, private burial sites, solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: (b) City may at their expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, City's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to City. However, in the event Seller is required to expend any sum in excess of $0 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to City all Earnest Money paid and declare this Agreement null and void. The expense of any inspection shall be paid by City. The expense of any action necessary to remove or otherwise make safe any. hazardous material, substance, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the purchase price, Seller shall convey the Property to City by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by City. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and City in the event of the death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If City intends to assume or take subject to a lien on the Property, Seller shall furnish City with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is contingent upon Court approval unless declared unnecessary by City's attorney. If the sale of the Property is subject to court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved prior to the date of closing either party may declare this Agreement null and void, and all payments made hereunder shall be returned to City. 17. REMEDIES OF THE PARTIES. A. If City fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of City's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, City has the right to have all payments made returned to them. C. City and Seller. are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 18. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Judith Swartzendruber, 1807 Lower Muscatine Road, Iowa City, Iowa 52240 19. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. ADDITIONAL PROVISIONS: A. TERMITE INSPECTION. City, at its expense, may have the Property inspected for termites or other wood destroying insects by a licensed pest inspector prior to closing. If active infestation or damage due to prior infestation is discovered, Seller shall have the option of either having the Property treated for infestation by a licensed pest exterminator and repaired to the Buyer's satisfaction or declaring this Agreement null and void and returning all earnest money to Buyer. This provision shall not apply to fences, trees; shrubs or outbuildings other then garages. Buyer may accept the property in its existing condition without such treatment or repairs. B. REAL ESTATE AGENT OR BROKER. Seller has used the services of a real estate agent or broker in connection with this transaction. Seller agrees to indemnify and save harmless City from and against all claims, costs, liabilities and expense (including court costs and reasonable attorney's fees) incurred by City as a result of a breach of this representation, which shall survive closing. C. CITY COUNCIL APPROVAL: This agreement shall be subject to formal approval by City Council. D. RIGHT-OF-WAY DONATION: Seller acknowledges receipt of "Statement of Property Owner's Rights" attached as Exhibit C hereto. Seller shall, by execution of the Offer to Donate attached as Exhibit D hereto, donate to the City the land generally represented on the attached Exhibit B, with the exact legal description to be determined by the City Attorney prior to closing and shall waive her rights to an appraisal of said land. The donation shall be at no cost to the City and shall be effectuated prior to or contemporaneous with the closing of the City's acquisition of the land shown in Exhibit A, as agreed to herein. 22. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to City on or before the 4th day of June, 2009, this Agreement shall be null and void and all payments made shall be returned immediately to City. This Offer is presented to the Seller on this y~ day of ~, 20 0 1 CITY OF IOW CITY, IOWA, BUYER BY: Dale Accepted this ~_ day of u r,e. , 20~_. Ju t M. Swartzendruber (SE LER) 180 ower Muscatine Road elling, I eri City M ager Iowa City, Iowa 52240 319-354-2382 (home) 319-530-3761 (cell) o Z o = A (~ S Q (~ {' D 1 0 R/W ~z <~ ~- ~ m ~ Sycamore St m m ~_ D Z D J ~ o R/W 0 \ ~'_ o ~ V rn ~ ~ ~m ~ D ~ W z c ~~ / ~ ~ ~o^ ~~ ~~ ~a DD D \~~~ ~~t`~ m z N ~~~ ~1 r m ~ 2~ o ~ Q'a D ~ O ~~ 1 000 ~ ~~ ~ I I ~ m D ~ Z Z 1~ X X m D .L7 ~ ~ ~ ~ ~ X 0 0 Z Z Z O Z N G7 G7 Z x Z r' N ~ 3_7 O D [, ~ m O ~ -~ ~ co Om -i (~ ~ C7 Z ~ m co m Q - ~ m ~ r ~ r rm m ~ Z < OC cn m ~ ~ m ~ Z m D O O D X ~ D 7J p X - ~ o X II N X ~ N X O D X n ~1 0 Z 0 A (f] -a ~ 2 ~ Q a' D ~ < R/W m X y _o m ~_ m < z z D N ~ ~ D ~ m D Sycamore St Z m ~ ~ n z ~ ~' ~ o R/W 0 ~ ~ o ~ CV \ g~~'- a ~ m 0o D ~ t` Z m \ ~ ,~J O ~ D Q~ o ~ ~ \ ~ ~ ~~~ i °°~ ~ ~ i m ~ ~ 1~ x x _^~x Dm Dm m O m O ~ ~ ~ ~ ~ o~ ~~ ~~ D O O Z Z~ Z O D Q O L7 O m O O D Q ~~_, ~- r N '~ JJ ~ ^' o c~ ,, ; -D-I D ~ D m No m S o0 ~~ m~ ° m ~ ~r ~O {O (T7 O nD oSD7 N~ Q ~ m~ r y m o m o m = r C7 Z -< ~ m D ~ D m m D m ~ Q W m D mi yk m cn x m O ~ o m .. X D o 0 ° x ii- m D o X O ~ ~ n X EXHIBIT "C" STATEMENT OF PROPERTY OWNER'S RIGHTS Just as the law grants certain entities the right to acquire private property, you as the owner of the property have certain rights. You have the right to: 1. Receive just compensation for the taking of property. (Iowa Constitution, Article I, § 18) 2. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code § 68.45 as amended by 1999 Iowa Acts, House File 476, § 18; Iowa Code § 66.54 as amended by 1999 Iowa Acts, House File 476, § 20) 3. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code § 66.45 as amended by 1999 Iowa Acts, House File 476, § 18) 4. An opportunity to accompany at least one appraiser of the acquiring agency who appraises your property when an appraisal is required. (Iowa Code § 68.54) 5. Participate in good-faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (1999 Iowa Acts, House File 476, § 3) 6. A determination ofjust compensation by an impartial compensation commission and the right to appeal its award to the district court if you cannot agree on a purchase price with the acquiring agency. (Iowa Code § 66.4; .Iowa Code § 66.7 as amended by 1999 Iowa Acts, House File 476, § 8; Iowa Code § 66.18) 7. A review by the compensation commission of the necessity for the ~. andemnation if your property is agricultural land being condemned for industry. (1999 Iowa Acts, House File 476, § 7) 8. Payment of the agreed -upon purchase price or, if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code § 66.25; Iowa Code § 66.26; Iowa Code § 66.54(11)) 9. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code § 66.33 as amended by 1999 Iowa Acts, House File 476, § 15; Iowa Code § 66.54(10)) 10. Reimbursement of certain litigation expenses:. (a) if the award of the compensation commissioners exceeds 110. percent of the acquiring agency's final offer before condemnation; and (b) if the award on appeal in court is more than the compensation commissioners' award. (Iowa Code § 66.33) 11. At least 90 days' written notice to vacate occupied property. (Iowa Code § 66.54(4)) 12. Relocation services and payments, if you are eligible to receive them, and the right to appeal your .eligibility for and amount of the payments. (Iowa Code § 316.9; Iowa Code § 68.42 as amended by 1999 Iowa Acts, House File 476, § 17) I acknowledge that I have read the above statements on this day of , 2009 Owner Owner EXHIBIT "D" OFFER TO DONATE PROJECT NUMBER: PARCEL NUMBER: ~ r ~~~~~~ ~t ~III~ ~'t.ii._ CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org AGREEMENT TO DONATE RIGHT-OF-WAY REAL ESTATE As owner(s) of real estate needed for the above referenced project and parcel, and acknowledging the fact that I (we) am entitled to just compensation based upon an approved appraisal of the subject real estate, nevertheless desire to donate the right-of-way. I (we) will execute the necessary conveyance instruments to transfer the right-of-way. This donation to the City of Iowa City is made without any coercive action of any nature. ..__ . . Owner Date Owner Date AGREEMENT TO WAIVE THE RIGHT TO AN APPRAISAL OF THE PROPERTY As owner(s) of real. estate needed for the above referenced .project and parcel, I (we) am entitled to just compensation, nevertheless desire to donate the right-of-way and waive the right to an appraisal. I (we) will execute the necessary conveyance instruments to transfer said right- of-way. This donation to the City of Iowa City is made without any coercive action of any nature. Owner Owner Date Date 25 Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 09-21 n RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2009, THROUGH JUNE 30, 2010. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 2009, through June 30, 2010, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 16t:h day of manna ATTEST: . '_7~4~ CIT LERK L al Dep m nt ~-io-C~ q It was moved by Wright and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X x X ~- X NAYS: ABSENT: Bailey x Champion Correia ~_ Hayek O'Donnell Wilburn Wright mgr/assVunions\police\policeres06-09. doc ~~ CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2009 TO JUNE 30, 2010 TABLE OF CONTENTS ARTICLE PAGE Preamble ............................................................................................................................... 1 Article I -- Recognition ........................................................................................................... 2 Article II -- Management Rights ............................................................................................. 2 Article III -Check Off ............................................................................................................ 2 Article IV -- Union Business Agents ....................................................................................... 3 Article V -- Union Meetings .................................................................................................... 3 Article VI -- Bulletin Boards .................................................................................................... 3 Article VII -- Seniority ............................................................................................................. 4 Article VIII -- Daily and Weekly Hours of Work ...................................................................... 4 Article IX -Overtime-Standby ............................................................................................... 6 Article X -- Holidays ............................................................................................................... 7 Article XI -- Vacations ............................................................................................................ 8 Article XII -- Sick Leave ......................................................................................................... 8 Article XIII -- Special Leaves ................................................................................................. 9 Article XIV -- Lay-Offs ............................................................................................................ 11 Article XV --Training ............................................................................................................. 12 Article XVI -- Personnel Transactions -Rules ....................................................................... 12 Article XVI I -Watch Transfers .............................................................................................. 13 Article XVIII -- Insurance ........................................................................................................ 13 Article XIX -- Equipment ........................................................................................................ 13 Article XX -Weapons and Special Equipment ..................................................................... 14 Article XXI --Adequate Facilities ........................................................................................... 14 Article XXII -- Uniforms .......................................................................................................... 15 Article XXIII -- Duty Outside the City ...................................................................................... 15 Article XXIV -- Supplemental Employment ............................................................................ 15 Article XXV -Position Classification ..................................................................................... 16 Article XXVI --Grievance Procedure ..................................................................................... 16 Article XXVI I -- Effective Period ............................................................................................: 19 Article XXVIII -Compensation .............................................................................................. 19 Article XXIX -- Public Emergency .......................................................................................... 20 Article XXX -.General Conditions ......................................................................................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: 2 ARTICLE 1 RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 11 MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of-Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. To suspend or discharge officers-for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g, To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE 111 CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City wilt not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE 1/ll SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The fist shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a speck provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE Vlll DAILYAND WEEKLYHOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter 5 (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. c. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than. thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. 6 ARTICLE IX OVERTIME -STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1'/z) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of .overtime. Section 4. Overtime Equalization. a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Occasions involving unexpected/non-scheduled overtime, the on-duty supervisor is only required to consider on-duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chiefs determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half ('/z) hour immediately following his/her normal work day, or b. One additional one-half ('/z) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time .spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. 8 ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service 0-5 years 5 years and one day-10 years 10 years and one day-15 years 15 years and one day-20 years 20 years plus Days Earned Per Month 1 1.25 1.5 1.75 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE Xll SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half ('/z) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. 9 (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE Xlll SPECIAL LEAVES Section 1. On-the-Job IniurY. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness. is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor Toss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to retum to work at the end of any such leave, he/she shall be deemed to have voluntarily .resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave. where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the. officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS -RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVlll INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who-elect to obtain family coverage will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: sixty dollars ($60.00) per month in FY 2010. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide., at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shalt provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. to addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish abullet-proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue -new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. c. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the clothing and/or cleaning allowance on the first paycheck in July. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXlll DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. 16 Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the .City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition -General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be .required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further 17 validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. F. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the .City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chiefs Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chiefs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the 18 City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five. (5) prospective arbitrators who are members of the National Academy of Arbitrators (NAA). Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2009, and shall continue through June 30, 2010. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three and one-tenth percent (3.1 %) at the beginning of fiscal year 2009-2010. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $425.00 10 years $750.00 15 years $900.00 20 years $1050.00 25 years $1300.00 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. 20 Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked-from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K-9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, 10% of their hourly pay for each hour of FTO duty. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE)O0C GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre-Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 7. Parkin . No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. 21 BY: POLICE LABOR RELATIONS ORGANI TION OF IOWA CITY BY: P ESIDENT ATTEST: ~'~~,L, - BY: Date: June 16 , 2009 Date: mgdassU~upions/policelpolicecon09-10.doc CITY OF IOWA CITY Q c L U (a Q `n o00 a rn co 0 ~ N M ~ N ~ N CO ff~ Eft ff? ~ d7 O O Q. 01 N N N N ~ ~ O O N d' ff3 ff3 Ef? r O O d' Z Q J a a a w U LL W U J O o. M Q ti N N ~ N 07 ~ 00 M O ~~~ CV LC') O O ~ I~ O O r O O O ~ r ~ ~ ~n o ~ ~ ~ r" rnoo Q. N N N ~ ~ dam' N ~ r ~ O d' EA ffl Ef? O O O N ti N O ~ ~ ~ ~ ~ LL SIDE LETTER OF AGREEMENT 6ETWEEN CITY OF IOWA CITY AND. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27 , 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed. by 81ue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by .Blue Cross/Blue Shield, will be paid only at a rate of 50x of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for 1100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25X of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is 3500 (pre-withholding), Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received 3100 worth of services, billed. for ;100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. Y OWA CITY A By Q`'`'l - - By Y MANA6 Date : ~ ~ j l ~ ~~ Date POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY CITY OF CHIC CENTER 410 E. WASHINGTON ST April 18, 1985 IOWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Oay Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XYIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Dale E. He ling Assistant City Manager ~~~ Michael E. Goldber President, PLRO-IC bj3/9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds X500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 covers e? To encourage continuin medical se -maintenance and he p reduce the length and number o unnecessar hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi-private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 . Home and office vists . One routine annual physical exam . Pre-natal and post-natal care in physician's office . Immunizations . Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 . Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies . Services provided by a Registered Nurse . Services prescribed by a physician THE IOWA 500 PLAN COVERS THESE 07HER SERVICES: These~other• services are subject tp a X100 contract deductible per calendar year . Prescriptions ~ ~ Nursing Services . Anesthetics Private-duty nursing services . Blood plasma . Casts Ambulance . Crutches Air . Durable medical equipment Ground .Other supplies when ordered by a physician DEDUCTIBLES AND COPA1fMENT . Hospital - The Subscriber is responsible for the first two days of semi- pri vats room and board. -~: __- ~ ~ __ . _. _ _-- t __ Per Hospital Admission. . Physician - The subscriber pays lOx of the physician's Usual, Customary and Reasonable charges including office calls., IOWA 500 coverage pays the remaining 90x. . Other Supplies/Services - The subscriber pays the first 5100 per contract per calendar year. for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach 5500 per year, IOWA 500 pays 100x of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach 5500, the subscriber pays lOx of all remaining charges up to a total maximum expenditure of =500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co-payment until the =10,000 Lifetime Maximum is met. Co-payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Ptrysidan Other Service service covered services I 1 I 90°i6~109'o I 5100 deductible I 110'°~/10'X un015500 per oor~rad rt>a~drrwxrr - ::~:_it7WA900 Summary of Benefht DELTA DENTAL COVERAGE Ostia Dsntsl Plan of Iotiva covsrpe not only provides • variety of benefits but al:o encoungss timely and affective dental maintenance. Moro than ~ of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customsry end Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delia Dental program includes a 'medical necessity' provision which ensuros coverage for dental services provided within generally accepted dental prsctices. Uke 61ue Cross and 61ue Shield of Iowa, the Doha Dental Plan receives claims directly from participating dentists. Md we pay them directly for. you. That eliminates daims-handling chores for you and your employees -and saves valuable time and moneX To provide a program to meet your company's needs, Doha Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits sne combined to meet your needs: Pnwnthre Msirrt•nanoe benefit indudes: • Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. • Teeth leaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • full•mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavtty fillings. • Oral surgery (including pre- and posf-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. Delta Dental Plan of lovva Mdtl!-A 71M JM Delta Dental Plan of lows RATE QUOTATION PLAN II Program benefits D•ductlbl• Copaym•M Slnpl•1F~mlly © Preventive Maintenance (Annual) = - - ®Routine Restorative S _ 25/75 5p .~ Q Major Restorative S 50 .~, ^ Dental Prosthetics s ~ ^ Periodontics t ,~ ^ Orthodontics S .,~ ^ Dependents to age ^ Full-time students ^ Adufts Program Maximums Single S ~ per year Family S - 500. pef member,. per year Lifetime benefit maximum on Orthodontics S Program Rates* Single S per month Family ~ _ per month These rates guaranteed for 12 months beginning on 7-1-85 tdatel if purchased by 7-1-85 (date) 'Rates quoted here are based upon census information provided snd acquiring and maintaining • min~mum enrollment of 90°,; of total eligible employees for the duration of the contract. I~ ~,C .~ Authorized Rep n five Date This is a general des iption of coverage. h is not a statement of contract. Actual coverage is subject to the terms snd conditions specified in the contras itself and enrollment regulations in force when the contract becomes effesive. Delta Dental Plan M-0,,,,tit ~ of Iowa SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and, the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall. otherwise apply prospectively only to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this ~~ day of /~~ ~ k s ~ , 1993. City of Iowa City, Iowa ey: -..-~ Police Labor Relations Organization mgr\asst\court.eQt U6-1~-~"'- . M-~~ 26 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 09-211 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TELEVISION DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT BY INCREASING THE POSITION OF CABLE TV ADMINISTRATOR FROM .75 FULL TIME EQUIVALENT (FTE) TO 1 FTE. WHEREAS, Resolution No. 09-75, adopted by the City Council on March 10, 2009, authorized permanent positions in the Cable Television Division of the Administrative Offices Department for FY10; and WHEREAS, the Cable TV Administrator, originally a full time position, was previously reduced to three- quarter time to accommodate a request from the incumbent in the position; and WHEREAS, this position will become vacant as of June 27, 2009, due to the retirement of the Cable TV Administrator; and WHEREAS, it is in the interest of the City at this time to return the position of Cable TV Administrator to a full-time position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Cable Television Division of the Administrative Offices Department be amended by increasing the position of Cable TV Administrator from .75 to 1 FTE. Passed and approved this 16th day of ATTEST: //tiJ.~Lr~~~ ~° ~~~ CIT CLERK It was moved by 0' Donnell and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: X X ~- -~ --~- /pumanrellres/cabletvadmin6-09.doc NAYS: ABSENT: Bailey Champion _~_ Correia Hayek O'Donnell Wilburn Wright Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 09-212 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated. herein by this reference; WHEREAS, Iowa Code § 364.136 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on July 24, 2009. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until July 24, 2009 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. M+Y~ 27 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 09-212 RES LUTION ADOPTING AN ASSESSMENT SCHEDULE OF UN ID MOWING, CLEA -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK RE IR, AND STOP BOX R AIR CHARGES AND DIRECTING THE CLERK TO CE IFY THE SAME TO THE JO SON COUNTY TREASURER FOR COLLECTION I THE SAME MANNER AS PROP RTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an ass sment schedule providing the amount to be assess against certain lots for the actual un aid abatement costs of mowing, cleaning up property, r oving snow, repairing sidewalks, d repairing stop boxes in the same manner as property taxe WHEREAS, said schedule attached as Exhibit A to his resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364. 3B authorizes e City Council to assess against the property said abatement costs in the sam manner as roperty taxes; and WHEREAS, the City Council finds at t property owners listed in Exhibit A have received a written notice of the date and time a public hearing on the adoption of said assessment schedule, in substantially the same fo attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESfbLVED CITY, IOWA: Exhibit A is adopted as the find' assessment THE CITY COUNCIL OF THE CITY OF IOWA pursuant to Iowa Code § 384.60(1). The amounts listed in Exhi It A for unpaid mowing arges, clean-up property charges, snow removal charges, sidewal repair charges and stop b x repair charges as stated in Exhibit A are confirmed and levie against the properties listed i Exhibit A. All unpaid assessme snot paid within thirty (30) days aft r the first publication of the final assessment schedu shall bear interest at the rate of 9% p r annum, commencing on July 24, 2010. Assessments ar payable at Johnson Country Treasurer, 13 So th Dubuque Street, Iowa City, Iowa. Until Jul 24, 2009 payment may be made at the City Cler 410 E. Washington Street, Iowa City, low . The City CI k is hereby directed to certify the schedule as set out in xhibit A to the Treasurer of Johnson ounty, Iowa for collection in the same manner as propert axes. The assessment cannot be aid in installments. Res. No. 09-212 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 16th day of June , 2009. 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() 3 t .. ~ (~ i VI _ \~ t I V I U ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i i V 1 I I o o ~ co v ~ o o~ ~ ~ ~ ro ~ o ~ ~ rs~ m ~ ~ I~ N to ~ N O N N N N N N ~ N N p ^ ~ N ~ M N i O O O O O O O O O O O O O O O I I ~ O ~ ~ b9 ~ 64 ~ ~ O N EA ~ fA ~ Efl O ON O N O N O ON O N O N O N O N I IN \ I IN I IN I IN I I~ i IN / I I~ J J J J Q Q Q Q Q CL > O O O ~ O ~ ~ ~ ~ >Q ~> O O O O W O I Z Z Z Z Z ~_ Z Z W > Y = ~ J ~ Y ~ J OZ w~ Q J ~ z ~ O~ UJY W Z ~~ Z u i J Q OZ Q Q Z I O U ~ O U ~ m~ ~ ~ } Z~ ~ J J m m wcL ~ z z pp ~~ 00 J ~ p Q ~~ O~ Q w ~ Q w a ~~ Q Q w Q~ Z Z Q Q O O m m O m ~ m ~ m~ U U U I i I j ~ L o o 0 o of OJ EA 0 a 0 v OJ W fA 0 o 0 N O O EA 0 0 0 In W .~- EA 0 0 0 ~ M ~ EA 0 0 0 v M ~ EA 0 0 0 N EA 0 0 0 o ~ ~ EA ~ i I O O ~ V 7 O N O Ln 7 7 O N O O ~ M CO O I~ O O ~ 7 M O N O O ~ M V O ~ 00 ~ f~ O O O ~ N r O ~ ~ ~ M M O m ~ Q Z O (n ~ M w' Q ~ N } .- J v ~ d' c=n czn w > w"' ~ w wz~z a w U w U ~ = o m ~ a `~ _ O o U~ ~- ~ ~ i z O ~ 2 C7 ZM ~ O~ O ,r Z~w~ `r f- ~ w ~ w w = F fOO WJ >m w = tL~~ Om J~ ~ ~ ~ I- ~ mJ Q~,~ ~ ~Q~ W Q w w ¢ `°o w ~p ¢ ~~C~[n Z~ rn i ~~ ~ ~~ ~ o rn O ZJ Q~ ~ Z rn otS ~ w 0~ ~ U o Y Y Z W I a 0 a 0 °~ ~ = Z Y m~ O O w ~ ~ p~ I I a Z ~O N Z °O O O J N cn ~ Mo Q J ~~m J O Nz > ('~ ~> UZiV ~ m rn~ O~ O ~ F- M O ~ N W~ M> ~~ O V N Q ~ >_ _ >_ C7 c D w ^ O W r~ rn m ~ I N O N D O W N O J N Q O N I~ ~ N f- ~ ~ ~ W > ~ ~ i ~ ~ cn (n Z 0 W CC ~ ~ O W C7 Y O O ~ O ~ ~ ~ ~ O z Q ~ ~ Q z Q c i> Q > cn ~ cc W z w w ~ ~ m i ~ ~ M ~ W O ~ O N Z N Q~ m 7 CL V u7 O N N Q> N O O O O O O O O O O O O ~ C O ~ O pj O of O m m ~ ~ M N M ;~ f N ~ ~ EA N N fA C 10 N EA EA N EA EA EA EA Eli 3 a ~ O N N C (U ~ ~ E6 A m a _ N ~ N ~ N ~ O N O N N ~_ N N N ~ N ~ u ' N o c 0 ° 0 0 0 0 0 0 ° 0 o ~ ~ ai ~ m En 0 Sri N M M Z cp fH cp Ell N fA ~ EA ~ EH ~ N b9 N fA Eli O YI U V1 rn O ~ p N ~ p N p N O N O N O N ~ O N y V ~ Ep N \ Ep r N (O c0 M M Z N N N N O d O d A d d Z N J J J J J Q J J J J R' O O O O O O O O U N d 'Z ~ ~ ~ ~ ~ ~ ~ ~ O d 0 O O O O O O z O rn z m z m z m z ~ z m z r ~ a m ° o N A O aai ~ = J U LL J m ¢ Q a a~ J ¢ Q (n ~z wa ~ Z zEn z z ~ of d ~> Q Z Y Y Q G ~. ~ 3 W~ (n Q Q Z Q~ ~ Q y j w ~a z ~ Z Z oo Z w Z w CL a a T da ww aN cncn m m z O ~ a do ~ zz pwpw z~ ~~ J J ~- N 0 a 00 ~ oo ~~ 00 c~c~ ¢ ¢ __ _ _ _ ~ a C o ~ . o 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 a > o 0 0 0 0 0 rn 0 m ro ~ ~ m ~ ~ M O ED _ (O - N In In ~ m O Vi V ~ V 7 of tD M m O .~ O ~ m ~ N Q N Ef3 EA fA fA fA EA Vj EA Q N a E (D O m ~ V O u~ ~ N O rn ~ N O N M O_ O ~ co O O rn ~ O O ~ o O O o O ~ r ~ 2 7 ° M ~ 7 ~ Q N M N M M O ~ O O O O O O O O O V A a z Z 4- ~ ~ ~ F. ~ ~ ~ °' o ~ O F-- ~ a d d ~ F- O w Q Z Z j ~ w Z Z Q J p O (n (h ~ d ~ O ~ Z Z_ N p Z~ p ~ CC En H p p ~ c~ Y ¢ z p a Y a z~ ¢ a ~ ~ m ~~ ~ Z J p >~ mOY UJ ~ w'n 7 W H 00 J_ = _ = Q C 4 F- O U J ~ J O °~ ~ p~ O ~~ H J ~ p H ~ H ~ U` z 6 Q~ d' N Z ~ N _ 1- O J Q O O ~ ~ Qp~n VU~ O EnM w KJ Z a~ r _ ~ ~ p~ in ~ ~ O ~~ raw r` a ~ v0 °JO (~ J ~ N Ln ~ ~ ~O p oJM M ~ o~ M ~ ~ V ~ 10 M O O h m ~ In ~ o] ~ ~ O Q r `- O ~ O 7 O H M LTl tD ~ M 7 O O O) i~ W of O O N p W W J O J (0 O d J O>> N> ~f O O f- O ~ M J ~ Q O~ O o] O W M J ~ (~ W Z W Z Q ~ ~ U VI ~ W H ~ ^ Q n- ~ Z (~ Z W Z p _ = p Z_ F- ~ p ~ ~ N p ~ p _W v = Q Z ~ ~ Z Z Z ~ Q Q ~ ~ ~ J O W _W Q C ~ p ~ CJ J J Q Z CC [Y ~ m a w ro o ~ M ~ o o a N M N O N M N ~ O p Q OW N N ~ ~ N M M ~ CC . ~ ~ ~ O ~ 0 O 0 O 0 O 0 O 0 O 0 O 00 C N ~ N 7 <D M O ~ ~ r ~ N v> C +~.. M N ~ M EA M fA EA to V3 to ~ 7 ~ v O O N C M N 01 ~ t6 N m a o O ~ # ~ ~ ~ M ~ ~ m m N N N ~ M N N M M O V . O C ~ V .2 ~ ~ O O In M m N N M ~ O O M ~ O O O O O O N M O O ~ O O ~ N O O ~ ~ d M Fp ~ fA EA 69 fA fA EA (n N Hi w O N U °~ °' r o 0 0 0 0 0 0 0 O 0 O 0 O N N ~ O O O O 1 f ~ \ ~ ` ~ ~ CO tD .~- ~ N ~ N ~ N N N N N d ~ ~ O d A d ~ y a Z W Q a > > > > > > ~ U O ~ O O O O O O VI ~ J W W W W W W V ~ W W' Q ~ a' a' CC K a' ' a ~ w ~ ~ ~ ~ ~ ~ Z O O O O O O O N O a vzi o cn ~ uzi czn czn ~ ~ 0 N ~ ~ A 3 ~ W Z J J J J} ~ ~ Q J J J LL U ~ J > > ~ Z Z Z ~ Q J w o ~ p U O O_ O m > J K Z (n f- ~ H N ai ~ LL < = 2 ~ a W W w ; a = ~ m ~ ~ ~ ~ ~ Q O ~ U O O w W w W N T Q Z Z J J ~ ~ ~ ftl Z Z Q Q ? Z ~ ~ ~ N o ~ O Q¢ U O O O O O a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a r m a o ~ 0 0 0 0 0 0 0 0 0 0 A o 0 0 0 0 0 0 a > o 0 0 0 0 0 0 0 ro m ~ y ~ rn co ~ m o v m v c0 in w o~ ~ ~ ~ N . CO N ~ m O In M ~ M ~ M ~ ~ ~ M M ~ V e» ~ a9 c e» i» F» eA » F» e» Q N O co O v O co O N O O ° ° ~n N v~ O ~n O E ~ ~ M ~ M O ~ o 0 ~ Z M O ~ O N O O ~ O O O O O N N O N N O ~ V A a `~ z ~ _ M M `r ~ Z (n O ~ O ~ ~ ~ O O ~ O a o rn ~ Q w w w ~- z z a z O o a~ c~ c~ z z z W w U U U F- w ~ O O ~ ~ C7 _ > ~ } r ~ Q Q Q ~ ~ C7 ~ ~ ~ o t7 Z w¢ U m U m w C7 w w w - z_ Z a s ¢ ~ ¢ ~ = p~ O O O 0 0 ~_ a ~ K > ~ ~~ ~ J ~ O> 0 ~ W MO ~ W °O M M~ M o~n M o~ M o~n OI M~ ~ ~ ~ O O M M J M OJ ~ _~ M~ O N W O N W O O N J M J O 07 J O m J O d] ~ W ~ a U Z O ~ C7 Z F (n ~ (~ Q m o C7 _ ~ ~ D ~ cn ~ ~ Q ~ ~ d Q U U ~ Y O Y O Y O ~ ~ O = w Q Q U a ~ ~~ ~, a ~ M ~ ~ N o~ Q ~~ W N w N a ~ m r m ~ O d ~ a' p j N a N N ~ ~ ~n ~ o 0 0 0 0 0 0 0 ~ V (~~ M ~ ~ C A N r EA '- EA ~ b9 In E9 ~ 3 O N V C N A m a A °~ ~ v ro rn N o V 11~ N N N M N M N N .O C d r O O O O N Z ~- r ~ ~ 47 ~ EA fA EA fA HN N O N O U N rn O O O O O v~ O N O N O N O N O N t .1 ' ~ ~ ~ ~ ~ ~ N N N d O d A O m ` m ~ J J J J J ~ O p O O O O O N A } \ 3 a Y Q d' li ~ Q W W ~ ~ J _ Q } Q °' N d ~ w Z = ~ C7 ~ 3 o z O ~ ; Q O W O ~ d T (n (n ~ ~ ~ O a W ~ m m ~ w ~" ~ ~ w O O '^ w a a ~ ~ ~ ~ _ C a ~ 0 0 0 0 0 o A o 0 0 0 0 a > 0 0 0 0 y ~ O ~ a0 rn r o ~ N ~ N N ~ M r (O ~ ~ r Q 69 EA 69 to 69 Q ~ O ~ O N ~ O M N O O M O O 3 M N M M Z M N ~ ~ M V ~ O O O O O u m a o z M o W ,- a o W O O Y N o a o ~ ~W a ~ ~ _ ~ ~ ~~ ~ M ~ > D o c~ a> w W U S O W J S U~ ~ ~ W c ~~ ~ ~ U Z ~ Cf1Y O M O~ C f- ~ ~ U w Q Y O uvi a z ~~ Q O U Y z p ~n~ ~ o~U ~ ~~ ~~ N O~ I~ Q M W ~' r^ O ~aS ~¢ W Q j ~ Q W W Q ` Z ~ Q W Q f- Q ~ J v a w w ~ ~ U ~, = ~ ~ Z ~ ~ ~ S 6 7 O ~ M M N W M N O O N 1 O ~~ ~~~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 June 9, 2009 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on June 16, 2009 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. tf you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council If you have any questions about the resolution, please contact my office at 356- 5040. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. 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A ~ A ? ~ IV t D ~ ~ O O WO ~ O ~ O W O d ~ ~ O O O O O ° ° O O O O d C U O ° ° N I D ;l x x c> A °O °o ~ oo ~ ~ ~ m zz ~ c pp v c ~ ~ m Op rr a7 O A?7 m W u~C n Nr CC ~~ O Z ~`- '~ ~ O ~ N ~ ~ D O ~ Z D ~ ZD G <~ - Z D ~~ ~ ~ ~ Ax { Z3 Dm p i x ~ m ~ i u ~^ ~ Z ~ D~ Z(q D D D a m ~ r ~ D D m m m T r ~ ~ r a 2 ~ ~ c d N O O t0 T1 m ie ~ N N ~ z N ~ N ^ N ° ° O (°D (O (NO (O ~ . .. O n O ,N. ~ N ~ ..~ _` 6q ~ ~ b9 ~ ~ O N m N ~ m O - O O ~ ~ v n O ~ 00 ~ p O O ~ O 7 O N N N W ~ ~ ~ n N W ? O' A O v ~ W # ~ N d d ~ ~ ~ N ~ O O a c N { p E A fA b ~ 9 fA ~ 69 m d a E» ~ 0 0 0 0 0 '° 0 °o 0 0 0 0 0 O mN ~ o ~ T W OO T , OC D m ~; ~ j o O O W O O ~ ~~ v N ~ O N O A O p 0 Vt _ ~ W W p Z ~ D D _ < ~ ~7 Z ~7 %0 S r S D z a ~ mm z m m Z p ~ C ~ ° m Z ~ -~ c~ o = _ ° p m m ~ z z m N ~ W v~ r W r W N N O N r Cn W W O pp cD m A 01 ~ Cn O O ~~ W v { ~"A AA N O Oo 0 _ co Z 00 02 AO ? _ ~A ' -i ~ Z fn T1 -I ~ Z O ~ T D ~ .D Z Z Z < r G a. 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Z ~ ~ c i~ C ~ D Z ? C7 m z D ~ ~I V o s ~ A o ~ ~ J z m p m cDn O ~' z pc cn m o c ~ < m Z < < p ~ m ~ Orn D w ~ ~ <c roz a ~!' m ~ D w ~ ~ ~ Dao -i ~ O ~ ZD r ~~ chi, ~ Z '9 ~ ~ m~ ~ w N W Om -~ '~ wm ~ ~ p ~ g ~ W w `" ~' W ~ D m 3 n Z m ~ o_ o A W O O V T V N ~ N (00 ~ ~ N (00 ~ ~ O (00 N W O O ~ O ~ 4 r O O O ya ~ 0 fp O O 69 CTI A O fA (,~ ? O fH A O O fA N v (ll di N O EA O O 0 ~ ~ N pOC W W ~ O , W ~ A ~ v O cW0 ~ Fn ~ O ~ p O O , Fn A O O t~ A O t~ A O cn N CJ7 t ~ N O + ~ G C p O ~ C 00 ?~ O N ~ ~ H O ~ ~ W ~ f y m m ~ '~ N O a z r_ ~ m ~ Q o N O O t0 W N d (O d ~ 7 (T ~ O n cn ~ ~ 7~ Rachel Selden -T ~;~:a _., _ ~._ ._ 2714 Ferndale Drive ., Iowa City, IA ~ , _ 4 C ...» f 41~ _(~1 :~`7 _~, -.+- y ~.`.~ -- i': ~J Dear City Council, This letter is addressing my snow removal charge on January 20, 2009.On January 9, 2009 I received a notice from the city concerned about my snow removal on Friday, January 9, 2009. Earlier in the week I had been home in Des Moines, Iowa visiting my sister, in Hospice Care. Unfortunately, because of her turn for the worse when I left home on January 4, 2009 I did not plan my snow removal while I was gone. I was forced to come back to Iowa City from Des Moines on January 9, 2009 to come back to work at my job, Givanni's. I'm also a substitute elementary teacher. I discovered the notice and immediately took action. I called into my work and asked someone to cover my shift so that I could stay home and get the sidewalk cleared before the city came back-24 hours later according to the notice. My manager wrote a note verifying the situation, also enclosed. Next, my fiance and I went to Menards to buy materials to attack the ice. I've included the receipt with my papers to show that I addressed this immediately! II have also included in my paperwork a note from my next-door neighbor verifying that I took care of the issue as soon as I returned, as well as throughout the winter. Please also note that although my notice stated they would return in 24hours they did not come back until 11 days later. The days in between were the days that the schools closed for a week because of the cold. There was also 8.5 " of precipitation during those eleven days, 3" were on January 20, 2009. (Weatherchannel. Com.) As a substitute teacher, I had plenty of time to make sure that my sidewalk was clear. The day that the City came I was again home during the time frame given to me from calling about the bill with my two dogs. I did not see them. I'm sorry to take this bill this far, but I did call the City Clerk six times trying to negotiate the bill and explain the situation. I believe this bill to be an error. I'm not one to complain, nor ever not pay my bills, but I truly believe there was a mistake in sending me this charge. I'm a very responsible young woman with two jobs and in graduate school. Please note all of the information above in your decision. I appreciate your consideration in this matter. Sin erely, t~~~l'"- " ~ June 15, 2009 To whom it may concern, Rachel Selden is an employee at Givanni's in Iowa City she has been employed with us since July 2005. On the evening in question Rachel called in for her 5:00 serving shift to let us know that she had received a notice from the City that she needed to clear her property of snow and that she would not be able to work. Thank you, Heather DeBord manager Givvani's ~Y d . V~ ;~w J ~ <~- s: ,: .o :} ~,.n c>• ~ p v,) ~~o~M ~ ~ ~~O.v~ ~ OY1C ~~' h J ~Q~h~~ S~~a~e,~, my ne,~c~l~bb~, ~~as c1o~e o, sv.~-riot' jab ~~ Sao W her Y~0+ ~C~ . ~a~ ~~-l r~mava~ s~~nc~. .n `nee' house- avid ~ a~~e5 ~ r ~c~ e ~~arc~ . 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