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Home My WebLink About2003-05-20 Resolution Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-145 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SIXTEEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Sixteen, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part Sixteen, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 20th day of t4a,y ,20 03. MAYOR Approved by DEPUTY CI~'Y-CL'~=~K City' AVtt ~'~n ~y'~ice It was moved by Champion and seconded by 0'Donne1] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderheef X Wilburn ENGINEER'S REPORT May12,2003 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Sixteen Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Windsor Ridge - Part Sixteen have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, R~chard Fosse, P.E. City Engineer 410 EAST WASHINGTON S'IREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) $56-$009 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356~5053 RESOLUTION NO. 03-146 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 225 South 6th Street 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodleft Farms Pkwy. 150 E. Court St. 35,000,000.00 35,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same 20,000,000.00 20,000,000.00 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. 50,000,000.00 50,000,000.00 Bank Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank 666 Walnut St. 101 3rd Avenue SW 50,000,000.00 50,000,000.00 Iowa, N.A. Des Moines, IA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same 25,000,000.00 25,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same 15,000,000.00 15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Farmers & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 702 S. Gilbert, Suite 109 0.00 15,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 Passed and approved this 20 l;h day of Approved by DEPOTY CITY CLERK City Attorney's Office Resolution No. 03-146 Page 2 It was moved by Chamoion and seconded by 0'Donne11 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilbum Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-147 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT 1664 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $61,400, executed by the owner of the property on February 12, 1998, and recorded on February 27, 1998, in Book 2429, Page 221 through Page 224 in the Johnson County Recorder's Office covering the following described real estate: Lots #86, #93, and 101, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, Nationwide Advantage Mortgage Company is refinancing a mortgage in the amount of $93,500 to the owners of 1664 Dickenson Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, although said modgage covers the above real estate, Nationwide Advantage Mortgage Company is refinancing a mortgage on only said Lot 93; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Nationwide Advantage Mortgage Company secured by the proposed mortgage in order to induce Nationwide Advantage Mortgage Company to make such a loan; and WHEREAS, Nationwide Advantage Mortgage Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Nationwide Advantage Mortgage Company; and WHEREAS, there is sufficient value in said Lot 93 to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Nationwide Advantage Mortgage Company, West Des Moines, Iowa. Passed and approved this 20th dayof Nay ./~ .~ ,20 03...~ MAYOI~, DEPUTY 'h:~ITY CLERK City Attorney's Office ppdrehab/res/1664dickensonln.doc Resolution No. 03-147 Page 2 It was moved by Champion and seconded by 0*:Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Nationwide Advanta.qe Mort.qa.qe Co. of West Des Moines, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqaqe which at this time is in the amount of $61,400, and where executed by Greater Iowa City Housinq Fellowship (GIHCF) (herein the Owner), dated February 12~ 1998, recorded February 277 1998, in Book 2429, Page 221 through Page 224, Johnson County Recorder's Office, covering the following described real property: Lot 93, South Pointe Addition, Part 5, Iowa City, Iowa, According to the Plat thereof Recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $93,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortqaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortqaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~5~' day of ,/f¢~ ,20.j2~. ' / CITY OF IOWA CITY FINANCIAL INSTITUTION By. Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of N~kv ,20 ~ , before me, the undersigned, a Notary Public in and for the State of 16wa, personally appeared F_~,~r~s~- ~O. I..-~.~.,~3 and Jul ie K. Vop~ri 1 ~j~ersonally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clem, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. O~, -/u~-~ passed (the Resolution adopted) by the City Council, under Roll Call No.-~ . _ of the City Council on the ~ dayof /~?. ,20~).3 ,and that E~_..e~"T LO. /-~q~,~,~ an~r~l~ acknowledged the execution of the instrument to be their voluntary act and deed and the~oluntary act and deed of the corporation, by it voluntarily executed. --~,'-J SONDRAE FORT I ~ O'~C~,J~ '~r-~) ICommission Number 159791J J',.~'l My Commission E,x~ire$ I Notary Public in and for the State of Iowa STATE OF IOWA ) ~,, ) SS: ...... COUNTY ) On this [~' day of ["~0.\1~ , A.D. 20~ , before me, the undersigned, a. Notary Public' in/ and for the State of Iowa, personally appeared ~ki::::t~q~' F ~1"~)%~F%1 and , to m..e pqrSOnrally known, who being 'by m~ duly ,¢worn, did say that they are the VI3 - ~r'/L-~.JJO~E-10n and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporati2n ,-. by , au,thority of its Board of Directors; and that the said and- ~ ~ P¢/~'!I }~0J'l .)b~. as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. . ~1~/'~;~~1 N°t~ry~Pub~i~ ~n ~nd'f°r the State °~r~°wa Prepared by: Liz Osbome, CD Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-148 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT 1664 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $3,000, executed by the owners of the property on August 3, 2000, and. recorded on August 23, 2000, in Book 2998, Page 618 through Page 621 in the Johnson County Recorder's Office covering the following described real estate: Lot 93, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. WHEREAS, Nationwide Advantage Mortgage Company is refinancing a mortgage in the amount of $93,500 to the owners of 1664 Dickenson Lane and to secure the loan by a mortgage c(~vering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Nationwide Advantage Mortgage Company secured by the proposed mortgage in order to induce Nationwide Advantage Mortgage Company to make such a loan; and WHEREAS, Nationwide Advantage Mortgage Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Nationwide Advantage Mortgage Company; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Nationwide Advantage Mortgage. Company, West Des Moines, Iowa. Passed and approved this 20th __day of May~ 20. 03 ._ MAYOR Approved by ATTEST: ~'~,~ ~,,..~ ~ DEPUT~"~:~TY CLER¢, City Attorney's Office Resolution No. 03-148 Page 2 It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Nationwide Advantaqe Mort.qa.qe Co. of West Des Moines, Iowa, heroin the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqaqe which at this time is in the amount of $3,000, and where executed by Pieter Elzinqa & Sarah Elzinqa (heroin the Owner), dated August 3, 2000, recorded Au,qust 23, 2000, in Book 2998, Page 619 through Page 621, Johnson County Recorder's Office, covering the following described roal property: Lot 93, South Pointe Addition, Part 5, Iowa City, Iowa, According to the Plat thereof Recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $93,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the MortRaRe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agroe as follows: 1. Subordination. The City hereby covenants and agroes with the Financial Institution that the above noted Mort,qaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is heroby acknowledged as a lien superior to the Mortqaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ dayof ~.~)u ,20 CiTY o. OWA . NANClAL NST,TUTION B~ Attest: Deputy L'"ih~le rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~) day of ['AA, V ,20 03 , before me, the undersigned, a Notary Public in and for the State of I(~wa, personally appeared ~c~_s~- ~-O. LSANAM and ~e K. Vopari ] nt~.~.personally known, and, who, being by me duly sworn, did say that they are the Mayor and Ci~A, respectively, of the Ci~ of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the ~rporate seal of the ~rporation, and that the instrument was signed and sealed on behalf of the corporation, by authod~ of its Ci~ Council, as ~n~ined in (Resolution) No. ~ ~ IN ~ passed (the Resolution adopted) by the Ci~ Council, under Roll Call No. ~ , of the Ci~ Council on the ~o day of ~X ,20 ¢ ~ , and that c~ ~. ~~ and Ju]~ev~ar~] acknowledged the execution of the instrument to be their volunta~ act and deed and the vbrdn~ act and deed of the ~oration, by it voluntarily executed. [~1 SOND~E FORT I~'~ ~lCommi~on Num~ 1597011 ~ ~ F~I MyOomml~ion~es I I ~1 ~- ~- ~ & I Nota~ Public in and for the State of Iowa S~)~O F IOWA ) ) SS: On this l~ day of h~O~ ,A.D. 20~),~ , before me, the u~dersi~ned, a ~Ngtary Public in/and for the 8tare of Iow~, pemonally appeared ~ ~ ~ and __ .tR ~e p~rsooally known, who being by me duly ~orn, did say that they are the ~ ~1~1~ and , respectively, of said ~rporation executing the within and foregoing instrument to which this is a~ached, that said instrument was signed and sealed on behalf of said ~rpor~o~ ~by , aut~grity of its Board of Directors; and that the said ~ ~P ~[~ as such o~cers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, by it, d by them voluntarily executed. /~,~ I ..... ,,-SIONNO ~712~ Nota~-Publici~ a~for~he State of Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-149 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 313 WOODSlDE DRIVE, IOWA CITY, IOWA. WHEREAS, on May 30, 1997, the owner of 313 Woodside Drive executed a Mortgage for $3,000; and WHEREAS, the loan was paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 313 Woodside Drive, Iowa City, Iowa from a Mortgage recorded May 30, 1997, Book 2278, Page 298 through Page 301 of the Johnson County Recorder's Office. Passed and approved this ;~O'chA~'~'day of.~,~ Ma,y_. _ /~~..~ -- MAYOR Approved by DEPUTY~.'~Y CLERK ~ City Attorney's Office It was moved by ChamDt on and seconded by 0' Donne1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/313woodsidedr, doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 313 Woodside Drive, Iowa City, Iowa, and legally described as follows: Unit 7-B, Melrose on the Lake Condominiums, a Horizontal Property Regime, according to the Declaration thereof recorded July 23, 1986, in Book 865, Page 1, Records of the Johnson County Recorder, together with an undivided one-thirty-fourth (1/34) interest in the common elements. from an obligation of the owner, Michael George, to the City of Iowa City in the total amount of $3,000 represented by a Mortgage recorded May 30, 1997, Book 2278, Page 298 through Page 301 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prio~~um, ent.,~ ~'~ Approved by DEPUTY C-~....~RK ~ ~ City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~0 day of N~Ay , A.D. 20 O$ , before me, the undersigned, a Notary Public in and for said Ce'unty, in said State, personally appeared Ernest W. Lehman and i e Ko Vopari 1-i3~%~ev personally known, who being by me duly sworn, did say that they are the Mayor and Cify-rC]~k, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said 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. b 3- /'P~' , adopted by the City Council on the ,=1~ day of ,20~'~' and that the said Ernest W. Lehman and L]ul ~e K. Vopar~i 1 as s(Jch officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehabt313woodsierel.doc I Commission Number 159791[ I; ~ "| My Commission F--~ires I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-150 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 913 NORTH GILBERT STREET, IOWA CITY, IOWA. WHEREAS, on September 18, 1998, the owners of 913 North Gilbert Street executed a five- year Mortgage for $6,000 and another Mortgage in the amount of $8,723 for a total of $14,723; and WHEREAS, the balance of the loans was paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 913 North Gilbert Street, Iowa City, Iowa from a Mortgage recorded October 2, 1998, Book 2588, Page 320 through Page 324, and from a Mortgage recorded October 2, 1998, Book 2588, Page 325 through Page 329 of the Johnson County Recorder's Office. Passed and approved this 20th day of Na,,v ,20 03 MAYOR Approved by ATTEST: DEPUT~ CLERK City Attorney's Office It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Yanderhoef X Wilbum Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 913 North Gilbert Street, Iowa City, Iowa, and legally described as follows: Lot 3, Gilbert Woods Addition, an Addition to Iowa City, Iowa according to the plat thereof recorded in Book 10, Page 61, Plat Records of Johnson County, Iowa. from an obligation of the owners, Sid T. and Bonnie S. Bradley, to the City of Iowa City in the total amount of $14,723 represented by a Mortgage recorded October 2, 1998, Book 2588, Page 320 through Page 324, and from a Mortgage recorded October 2, 1998, Book 2588, Page 325 through Page 329 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said pdor recorded document. Approved by A'FI'EST: ~r-~ I 0~ -oJ DE PUTYCi'I-¥'GL-~RK '~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,¢o day of /V~A~v , A.D. 20 ~..~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and ~1ul ie K. Vopari ll~(~j~¢ personally known, who being by me duly sworn, did say that they are the Mayor and C[b~ "CFe'rk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said 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. oA ~ I~0, adopted by the City Council on the ,~47 day ~ , 20 ~ ~ . and that the said Ernest W. Lehman and ~lul~eopaK¢..il as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S~ I~4Ju~,] SONDRAE FOR~'~IO[~ry Public in and for Johnson Count, Iowa ~13 gIl~.d~ ~ ~ ~1Commi~lon Num~ I~'1 MyComml~ioq~ / Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 03-151 RESOLUTION AMENDING THE SOUTH CENTRAL DISTRICT PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM OFFICE PARK/COMMERCIAL TO INTENSIVE OR HIGHWAY COMMERCIAL FOR PROPERTY GENERALLY LOCATED EAST OF MORMON TREK BOULEVARD EXTENDED, WHEREAS, the South Central District Plan identified the property west of the Iowa City Airport, east of Mormon Trek Boulevard and south of Highway 1 as appropriate for Office Park/Commercial development in part to minimize the appearance of strip commercial development along Highway 1, and also to provide opportunity for office development; and WHEREAS, the Iowa City Airport has purchased property on the south side of Highway 1 east of Mormon Trek Boulevard, thereby eliminating the opportunity for strip commercial development to emerge along the south side of Highway 1 in this vicinity; and WHEREAS, the City has identified the property east and north of Mormon Trek Boulevard Extended as appropriate for industrial and commercial development, in order to grow the tax base; and WHEREAS, intensive commercial zoning provides more opportunity for commercial development, and also allows office development to occur; and WHEREAS, intensive commercial zoning is more compatible with the planned industrial area at the southwest side of the Iowa City Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The first paragraph on Page 24 of the South Central District Plan is hereby amended as follows: In the southeast quadrant of the Highway 218/Highway 1 intersection, a highway commercial and office area with a hotel would be appropriate as development occurs in this part of the subarea. The highway commercial businesses would be well situated in this area to serve motorists on the highways; 3nd *~'" "m"" ~ .......... The Iowa City Airport has purchased much of the land on the south side of Highway 1, east of Mormon Trek Boulevard, which limits the opportunity for commercial development with frontage on Highway 1. intensive commercial or commercial uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. 2. Staff is hereby authorized and directed to amend the Future Land Use Scenario map to reflect Intensive or Highway Commercial land uses east of Mormon Trek Boulevard Extended in place of the Office Park/Commercial designation. Resolution No. 03-151 Page 2 Passed and approved this 20th day of Ray ,20. 03 MAYOR Approved by DEPUTY CI~C.~E RK ' City A~ It was moved by Champion and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum REVISED Prepared by John Yapp, PCD, 410 E. Washington, Iowa City, IA 52240; 319-356-5247 (ANN03-000011ANN01-O0004) RESOLUTION NO. 03-152 RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 150 ACRES OF PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City of Iowa City is coordinating and initiating the annexation of approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both North and South of Highway 1; and WHEREAS, each of the property owners of. property proposed to be annexed to the City of Iowa City have applied for annexation or have consented to annexation in writing; and WHEREAS, the properties proposed for annexation are within the City of Iowa City Growth and Long Range' Planning Boundary;, and WHEREAS, the Iowa City Planning and Zoning Commission recommended approval of said annexation; and WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, the Iowa Department of Transportation, and the East Central Iowa Council of Governments; and WHEREAS, the City Council of the City of Iowa City wishes to transition the imposition of the City property tax levy, as is permitted in State Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The fciiowing described land should be and is hereby annexed to the City of Iowa City:. Hargrave COM 300' S OF NE COR S 89° W 25.5', S35° W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26? W 229.95' N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and COM 300' S OF NE COR 20-79-6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45°.W 196.67', N 64° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E TO BEG, identified as Johnson County, Iowa parcel #1020105001. City of Iowa City (North side of Hwy 1) Commencing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1., thence south 35 degrees 20 minutes O0 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seCOnds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes O0 seconds west of the point of beginning, thence south 54 degrees 40 minutes O0 seconds east to the point of beginning; Resolution No. 03-152 Page 2 subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE comer of said Section 20; thence S0~33'vV, 377.5 ft. along the east line of the NE Y, of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 ½'W, 1838.6 ft. along said centedine and centedine tangent; thence N54~29 ½'VV, 101.3 ft. to the Point of Beginning; thence continuing N54°29 ½~/, 231.0 ft. to a point on the west line of the E ½ NE % of said Section 20; thence S0°27 ½~/V, 328.7 ft. along said west line; thence N44"26 ½'E, 272.4 fL to the Point of Beginning; containing 0.71 acre (31,088 sq: ft.), more or less. Wade COM 300' S OF NE COR SECTION 20, T79N, R6W, S 89" W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W TO C/L HWY, SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54°, W TO W LINE E ½ NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified as Johnson County, Iowa parcel #1020177002. IDOT All of the Highway 1 right-of-way southeast and northwest of the corporate boundaries of Iowa City on April 1, 2003. Davis North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W Jirsa BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAsT LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. Dane In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as ~ in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway;, Said parcel is also identified as Johnson County Parcel #1020176009. City of Iowa City (airport-south of Hwy 1) That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County~ Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01°44'47, W (S 01045, W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. I a distance of 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the Resolution No. 03-152 Page 3 intersection with the centedine of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64°31'47" W along said centedine 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10°26'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45" E along said right-of- way line 199.94 feet (200.1 feet record); thence N 41°36'00" E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36042'20" E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28°55'53" E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58°00'48" E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36°42'10" E along said right-of- way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84°23'41" E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 56.14 feet (58.1 feet record) to a point on the centedine of said Dane Road; thence S 36017'50" E along said centedine 84.53 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence southeasterly along said centerline 215.65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of said Section 20 is assumed to bear S 01°44'47" W. The above described parcel is the same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter; thence South 88°34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast comer of said parcel; thence North 04°04'00" East along the east line of said parcel 159.18 feet to the point of beginning; thence North 48°18'05- West 210~60 feet to the southeasterly right of way line of Iowa State Highway No. 1; thence North 48°35'35" East along said right of way line 237.85 feet to the east line of said parcel; thence South 04°04'00" West along said east line 298.16 feet to the point of beginning, containing 24,864 square feet, subject to easements and restrictions of record, if any. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 8 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter;, thence North 88°34'01' West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast comer of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04°04'00' East (North 02°50. East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06°41'08, and having a chord bearing South 43°19'05" East 109.92 feet to the point of beginning; thence North 62°27'56" East 30.54 feet; thence South 48°27'49" West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of- way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27'02" and having a chord bearing North 39045'00" West 7.39 feet to the point if beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter; thence North 01 °44'47' East Resolution No. 03-152 Page 4 (North 01°45, East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63°52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30" West 298.8 feet record); thence North 19°00'13" West (North 19°00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62027'56" West 810.16 feet; thence North 19°00'13" West 174.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence North 04°04'00" East (North 02°50, East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44°46'50- East along said right-of-way line 385.18 feet (North 43°33' East 389.1 feet record) to the centedine of odginal Iowa State Highway Number 1; thence North co4°31'47" East (North 04°32' East record) along said centedine 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19°00'13' East along said west line 468.66 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5~' Principal Meridian in Johnson County, iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01°44'47" East (North 01°45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63°52'17- West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30- West 298.8 feet record); thence North 19°00'13" West (North 19000' West record) along the west line of said parcel 198.73 feet to a point on the south right-of-way line of proposed relocated Dane Road and the point of beginning; thence North 88°15'13- West along said right-of-way line 97.71 feet; thence North 62°27'56" East 92.39 feet to a point on said west line; thence South 19°00'13" East along said west line 48.32 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5t~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter; thence North 88°34'01, West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04°04'00" East (North 02°50' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly rk:jht-of-way line of proposed Mormon Trek Boulevard and the point of beginning; thence continuing North 04°04'00" East along said east line of that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19°00'13" East 136.90 feet to a point on a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly;, thence northwesterly along said curve and said southwesterly right-of-way line of proposed Mormon Trek Boulevard 71.59 feet through a central angle of 04°21'50" and having a chord bearing North 44°28'43" West 71.58 feet to the point of beginning. and That part of the West ½ of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW comer of said Section 21; thence S 01°45' W along the West line of said NW % a distance of 743.0 feet to the point of beginning; thence continuing S 01°45' W along said West line 1571.3 feet; thence N 71°00' E parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 1408.6 feet to the East line of said W ½ of the NW %; thence N 01°49' E along said East line 1267.8 feet, thence S 71°00' W parallel with and 560.0 feet from said centerline extension of Runway 24-6 a distance of 890.8 feet; thence N 74°22, W 500.4 feet to the point of beginning. Containing 40.04 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the West line of the NW % is assumed to bear S 01°45' W. Resolution No. 03-152 Page 5 and That part of the SE ~ of the NE ~ of Section 20, Township 79 Northl Range 6 West, lying South of the original State Highway No. 1, in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20, thence S 01°45' W along the East line of said NE ~ a distance of 1327.4 feet to the NE comer of said SE ~ of the NE ~; said comer being the point of beginning; thence continuing S 01°45' W along said East line 954.6 feet; thence S 63°52'30" W 298.8 feet; thence N 19000' W 715.7 feet to the centerline of the odginal State Highway No. 1; thence N 54°32' E along said centeriine 232.6' to the beginning of a tangent curve to the left; said curve having a radius of 572.96 feet; thence northeasterly along said curve on said conterline 432.4 feet through a central angle of 43°14'10" to a point on the North line of said SE ~ of the NE ~; thence S 89045' E 33.0 feet to the point of beginning. Containing 7.59 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE ~ is assumed to bear S 01°45' W. and That part of the NE ~ of the NE ~ of Section 20, Township 79 North, Range 6 West, lying southeasterly of present State Highway No: 1, westerly of the original State Highway No. 1, and northeasterly of the county mad, in Johnson County, Iowa, described as follows: Commencing at the NE comer of said Section 20; thence S 01°45, W along the East line of said NE ~ a distance of 743.0 feet to a point on the southeasterly right-of-way line of present State Highway No. 1; thence S 38°04' W along said right-of-way line 261.5 feet; thence S 24°59'30. E along said right-of-way line 102.0 feet; thence N 36°18' W along said right-of-way line 87.3 feet; thence S 11°59' W along said right-of-way line 67.0 feet to a point on the centerline of the county read; thence S 36°18' E along said centerline 85.9 feet to the beginning of a tangent curve to the right; said curve having a radius of 572.96 feet; thence southeasterly along said curve on said centeriine 216.1 feet through a central angle of 21°30'50. to a point on the centerline curve of said original State Highway No. 1; said curves not being tangent; thence northerly along the second curve 165.4 feet on the center line of said original State Highway No. 1, said second curve having a chord bearing N 10°01' E, a radius of 572.96 feet, and concave Westerly, through a central angle of 16°32'15. to the point of tangency on the said East line of the NE Y,; thence N 01°45' E along said East line on said center line of original State Highway No. 1 a distance of 393.6 feet to the point of beginning. Containing 1.18 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE ~ is assumed to bear S 01°45' W. . and That part of the SE ~ of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW comer of said Section 21; thence N 89°55'30" E along the North line of said NW ~ a distance of 1320.2 feet to the NE comer of the NW ~ of said NW ~; thence S 01°49' W along the East line of said NW ~ of the NW ~ a distance of 1334.8 feet to the NW comer of said SE ~ of the NW ~, said comer being the point of beginning; thence S 89°45' E along the North Line of said SE ~ of the NVV ~ a distance of 248.0 feet; thence S 55°11' E 703.6 feet; thence N 82°05'30"VV 356.7 feet; thence S 71°00' W parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 517.1 feet to the West line of said SE ~ of the NW ~; thence N 01°49' E along said West line 522.4 feet to the point of beginning. Containing 5.20 acres, more or less. Subject to easements of record. For the purpose of this description, the North line of the NW ~ is assumed to bear N 89°55'30" E. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. Resolution No. 03-152 Page 6 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. 4. The City Council will transition the imposition of the City property tax levy according to the following schedule for the annexed properties: City Property Tax Transition First Year: 75% discount Second Year: 60% discount Third Year: 45% discount Fourth Year: 30% discount Fifth Year: 15% discount Sixth Year: 0% discount 5. Appropriate City staff are hereby authorized and directed to certify and file all documents necessary for the transition in the imposition of the City property tax levy for the parcels described and outlined herein. Passed and approved this 20 day of Ma,y ,20 03 CITY '~3~_ERK Approved by Resolution No. 03-152 Page 7 It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: I',IAYS: ABSENT: X Champion X Kanner X Lehman. X O'Donnell X Fffab X Vanderhoef X Wilbum Prepared by John Yapp, PCD, 410 E. Washington, Iowa City, IA 52240; 319-356-5247 (ANN03-00001/ANN01-00004) RESOLUTION NO. 03-152 RESOLUTION APPROVING THE ANNEXATION OF APPROXll 150 ACRES OF PROPERTY\GENERALLY LOCATED EAST OF HIGHWAY OF THE IOWA CITY AIRPORT, AI~ BOTH NORTH AND SOUTH OF HIGHWAY 1, WHEREAS, the Cit~,of Iowa City is coordinating and initiating of approximately 150 acres of property generally located east of Highway 218, west of th~ and both North and South of Highway 1; and WHEREAS, each of the ~pperty owners of to be annexed to the City of Iowa City have applied for annexation or ha e consented ~ and WHEREAS, the properties pro~p.?ed the City of Iowa City Growth and Long Range Planning Boundary; and '.,. WHEREAS, the Iowa City Planning x approval of said annexation; and WHEREAS, pursuant to Iowa Code and Section 368.7 (2001), notice of the application for annexation was sent by cedifled mail County Board of Supervisors, the Johnson County Attorney, each affected public Council of Governments, the Iowa Department of Transportation, and the East Central of Governments; and WHEREAS, the City City wishes to transition the imposition of the City property tax levy, as is permitted i NOW, THEREFORE, BE IT ~,~SOLVED BY T~E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ~// 1. The following describe~ land should be and is ~t~reby annexed to the City of Iowa City: Hargrave COM 300' S OF/NE COR S 89° W 25.5', S35o\W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 457/W 159.31' s 26° w 229.95' N 5~o W TO W LINE EX NE, N ALONG SAID W LINE TO POINT N 5~o W TO BEG, identified as Johnso~ County, Iowa parcel #1020105002; and COM ,3,00' ~ OF NE COR 20-79-6 S 89°W 25.5~ S 35° W 893.31' TO POG, THENCE S 35° W 106.64, S 45° W 196.67', N 54° W TO W LINE E% ~,IE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 5~.o E TO BEG, identified as Johnson Count~,, Iowa parcel #1020105001. City of I~/wa City (North side of Hwy 1) Comm~ncing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5~ P.M., thence~ south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northv~esterly right of way line of Iowa Highway #1, thence south 36 degrees 20 minutes 00 seconds west ~9.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of Resolution No. 03-152 Page 2 beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion, State of Iowa for highway purposes by deed records in Book 544, Page 100, Iowa. and .. / Commencing at the NE corner Section 20; thence 377.5 ft. along the east line of the NE ¼ of said Section 20, to the Primary No. 1; thence S35°30 WW, 1838.6 ft. along said centerline and thence 101.3 ft. to the Point of Beginning; thence continuing N54°29 ~'W, ft. to a point on ' line of the E ',/= NE % of said Section 20; thence S0°27 ~'W, 328.7 ft. said N44°26 ~'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre Wade COM 300' S OF NE COR SECTION R6W, S 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54°, W TO W E ~ NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified ,, Iowa parcel #1020177002. IDOT All of the Highway 1 right-of-way southeas northwest of the corporate boundaries of Iowa City on April 1, 2003. Davis North 18.56 chains of the North half of the ~arter East of Highway right-of-way Section 20, T79N, R 6W Jirsa BEG AT A POINT N 89° E 1135.7' FROM THE ;NTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, identified as Johnson County, Iowa parcel #10201590; and COM SW COR SE NE E 194', N 649', SW 330', ) beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less as Johnson County, Iowa parcel #10201760. Dane : · -/ In S~tion 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 iPG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Run~ay; Said parcel is also identified as Johnson County Parcel #1020176009. City of Iowa City {airport-south of Hwy That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01044'47'' W (S 01°45' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of Resolution No. 03-152 Page 3 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centedine of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64°31'47" W along said centedine 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10o26'45'' E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45'' E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36042'20'' E along, said right-of-way line 49.93 feet (50,X) feet record); thence N 28°55'53'' E along said right-of-way line 11.07 feet (111.0 feet record); th 58°00'48" E along said right-of- way line 96.64 feet (96.6 feet thence N 36o42'10'' E ~ I said right-of-way line 168.10 feet to a point on the right-of-way line of Dane thence N 84°23'41'' E along said southeasterly right-of-way State Highway No a distance of 58.14 feet (58.1 feet record) to a point on the centerline Road; thence ,~ E along said centerline 84.53 feet to the beginning of a curve the right, said cur having a radius of 572.96 feet, concave southwesterly; said 215.65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road record. For the purpose of this description, the east line of the NE 1/4 of said 01o44'47'' W. The above described parcel is the same parcel as to trust as recorded in Book 2244, Page 116 in the Johnson County Rec¢ Dffice. and That part of a parcel of land described in 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast of Section 20, Township 79 North, Range 6 West of the 5 Principal Meridigri in County, Iowa, described as follows: Commencing at the southwest corner of d Southeast Quarter of the Northeast Quarter; thence South 88o34'01'' East along t~e south Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast corner of said parcel; North 04o04'00" East along the east line of said parcel 159.18 feet to the point of beginning; North 48018'05" West 210.60 feet to the southeasterly right of way line of Iowa State Hi No. 1; thence North 48°35'35" East along said right of way line 237.85 feet to the east line of thence South 04004'00" West along said east line 298.16 feet to the point of beginning, 24,864 square feet, subject to easements and restrictions of record, if any. and That ip 79 North, Range 6 West of the 5th Principal Meridian in described as follows: Commencing at the southeast corner of said Southeast Quarter of the Quarter; thence North 88o34'01" West along'the south line of said Southeast Quarter , Northeast Quarter 1,129.73 feet to the southeast Corner of a parcel of land Page 205, in the Office of the Johnson County Recorder; thence North 04o04'00" East (North record) along the east line of said parcel ~58.70 feet to a point on the southwesterly line of proposed Mormon Trek Boulevi~rd and a non-tangent curve to the right, said curve radius of 940.00 feet, concave southv~terly; thence southeasterly along said curve and said , right-of-way line 109.68 feet through a central angle of 06°41'08" and having a ¢ South 43019'05'' East 109.92 feet to the point of beginning; thence North 62027'56'' East 30.54 ;outh 48o27'49' West 29.86 feet to the beginning of a non-tangent curve to the right, having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27'02'' and having a chord bearing North 39o45'00" West 7.39 feet to the point if beginning. and Resolution No. 03-152 Page 4 That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30" West 298.8 feet record); thence North 19°00'13" West (North 19o00' West record) along the west line of said parcel 247.05 thence South 62°27'56" West 810.16 feet; thence Nodh 19o00'13" ¢.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the, County Recorder; thence North 04°04'00" East (North 02°50' East record) along 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number ~g said right-of-way line 385.18 feet (North 43°33' East 389.1 feet record) centerline of original Iowa State Highway Number 1; thence North 64o31'47" East (North East record) along said centerline 371.76 feet to the west line of said parcel described in Book Page 204; thence South 19o00'13'' East along said west line 468.66 feet to the point of beginning. and That part of the Southeast the Northeast Quarter of Section 20, Township 79 Nodh, Range 6 West of the 5th Principal Meridian Johnson County, Iowa, described as follows: Commencing at the southeast ~ ~uarter Of the Northeast Quarter; thence North 01o44'47" East (North 01o45' East along the line of said Southeast Quarter of the Northeast Quarter 372.80 feet; along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office Johnson County Recorder 298.84 feet (South 63°52'30'' West 298.8 feet record); thence ~'13" West (North 19°00' West record) along the west line of said parcel 198.73 feet to a point on th~ right-of-way line of proposed relocated Dane Road and the point of beginning; thence North ,15'13" West along said right-of-way line 97.71 feet; thence North 62°27'56" East 92.39 feet to said west line; thence South 19o00'13" Fast along said west line 48.32 feet to the ,Ooint of and " That part of the Southeast Quarter of the Northeast ( ,f Section 20, Township 79 North, Range 6 West of the 5th Principal Meed an n Johnson Iowa, described as follows: Commencing at the southeast corner of said.Southeast Quarter Northeast Quarter; thence North 88o34'01" West along the south line of'said Southeast Quarter the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 205, in the Office of the Johnson County Recorder; thence North 04°04'00" East ( East record) along the east line of said parcel 158.70 feet to a point on the southwesterly rigl line of proposed Mormon Trek Boulevard and the point of beginning; thence ~ 04°04'00'' East along said east line of that parcel of land described in Book 1908, Page 205 a of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the a radius of 940.00 feet, concave southwesterly; thence northwesterly along said and said southwesterly right-of- way line of proposed Mormon Trek Boulevard 71.59 feet a central angle of 04o21'50'' and having a chord bea~ng North 44°28'43" West 71.58 feet to the ~nning. 2. The City Clerk is~ereb¥ authorized and directed to certify, file, and all necessary documents as required by Iowa ~w under Section 368.7 (2001) at L~ Further, the City Clerk is authorized and directed to certify and file a~necessary documents for 3. certification of the population of the annexed territory to Johnson County and thee State Treasurer. 4. The City Council will transition the imposition of the City property tax levy according to the following schedule for the annexed properties: (~if.v Pr~.n~rt.v T~r Tr~n_,~ifi~n First Year: 75% discount Resolution No. 03-152 Page 5 ~ Second Year: 60% discount Third Yea~;~ 45% discount Fourth Year~, 30% discount Fifth Year: ~ 15% discount Sixth Year: ~.~ 0% discount 5. Appropriate City ~ are hereby authorized and, certify and file all documents necessary for the transition in herein. Passed and approved this __ 20. 03 ATTEST: CI; Approved by Resolution No. 03-152 Page 6 It was moved by Vand and seconded urn the Resolution be ad°pted' and up°n r°ll call there we% / -- AYES: NAY~x' / ABSENT: × ~ Champion _ . X /~ Kanner X ~ ~ --Lehman _w i / \ -- O'Oo.ne, X / ~ -- Pfab X / ~- Vanderhoef X , / ~ Wilbum Prepared by John Yapp, PCD, 410 E. Washington, Iowa City, IA 52240; 319-356-5247 (ANN03-00001/ANN01-00004) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF APPROXI~IATELY 150 ACRES OF PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218,/VVEST OF THE IOWA CITY AIRPORT, AND BOTH NO~RTH AND SOUTH OF HIGHWAY 1. / WHEREAS, the City coordinating and initiating the an of approximately 150 acres of property generally located east of 218, west of the Iowa Airport, and both North and South of Highway 1; and WHEREAS, each of the of property proposed 1 , of Iowa City have apr ~ annexation in writin( WHEREAS, the are withir Iowa City Growth and Long Range Planning Boundary; and WHEREAS, the Iowa City Planning and Zonir recommended approval of said annexation; and WHEREAS, pursuant to Iowa Code Section 368.5 Section 368.7 (2001), notice of the application for annexation was sent by certified mail to the County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson Council of Governments, the Iowa Department of Transportation, and the and WHEREAS, the City Council of the City transition the imposition of the City property tax levy, as is permitted in State Code. NOW, THEREFORE, BE IT RESOLVED CIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should is hereb~ ~ the City of Iowa City: Hargrave ~, COM 300' S OF NE CO?, S--8~° W 25.5', ,S35o W 999.95', S ~5o W 196.67' TO POINT OF BEG., THENCE S 45°oW~/ 159.31 S./26o W 229.95 N 54° W TO W LINE~ E% NE, N ALONG SAID W LINE TO POINT N 54 W TO BE~', identified as Johnson County, Iowa p~'cel #1020105002; and / COM ,3,00' S OF NE CO,,~ 20-79-6 S 89° W 25.5', S 35° W 893.~"~' TO POG, THENCE S 35° W 106.64, S 45° W 196.6.~', N 54° W TO W LINE E% NE, N ALONG SA[D W LINE TO PT N 54° W OF BEG., S 54° E TO BE/G, identified as Johnson County, Iowa parcel #102,,0105001. / City of Iowa City(North side of Hwy 1) ~ Commencing at the northeast corner of Section 20, Township 78 North, R~t~ge 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 secon~tts, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of Resolution No. Page 2 beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and /" Commencing at the NE corner of said Section 20; thence S0°33'W;'377.5 ft. along the east line of the NE ¼ of said Section 20, to the centerline of Primary Road Ne,,: 1; thence S35°30 %'W, 1838.6 ft. along said centerline and centerlir~e tangent; thence N54°29 w,W, 101.3 ft. to the Point of Beginning; thence continuing N54°29 ~'W, 23~,.0 ft. to a point on the we~t line of the E ~ NE ¼ of said Section 20; thence S0~27 %'W, 328.7 ft. along said west line; thenee N44~26 WE, 272.4 ft. to the Point of Beginning; containing 0.71 acre (31,0~8 sq. ft.), more or les,e! Wade ~ / COM 300' S OF NE COR SECTION T79N, 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54°, N ALONG W LiNE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified as Johns~q C~ lty, Iowa parcel #1020177002. IDOT All of the Highway 1 right-of-way southeast a Northwest of the corporate boundaries of Iowa City on April 1,2003. Davis North 18.56 chains of the North h; Southeast\~quarter East of Highway right-of-way Section 2O, T79N, R 6W Jirsa o BEG AT A POINT N 89 E FROM THE CENTE~R OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, N 30° E 140.4' TO E~ST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO ~ LINE OF SAID SW NE~S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, )~ ~ic is .51 acres, more or less, ~dentified as Johnson County, Iowa parcel #10201590; and COM SW COR E 194', N 649, SW 330, S 412' TO!beg EX. Land conveyed to City of I.C. in 2727-90 which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. Dane In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. City of Iowa City (airport-south of Hwy 1) That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01o44'47'' W (S 01o45' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of Resolution No. Page 3 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64o31'47" W along said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10o26'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45" E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00'' E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36o42'20'' E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28°55'53" E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58°00'48'' E along said right-of- way line 96.64 feet (96.6 feet record); thence N 36o42'10'' E along said right-of-way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; '~hence N 84o23'41" E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distCnce of 58.14 feet (58.1 feet record) to a point on the centerline of said Dane Road; thence S 36o17'5¢" E along said centerline 84.53 feet to the beginning of a curve to the right, said curve having/a radius of 572.96 feet, concave southwesterly; thence ! along said centerline 215.~5 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road and easements purpose of this description, the east line of the NE 1/4 Section 20 is assumed te 01°44'47" W. The above described parcel is the same parcel the deed to trust as recorded in Book 2244, Page 116 in the Johnson Count, Office. and That part of a parcel of land Book Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter , Township 79 North, Range 6 West of the 5th Princi aunty, Iowa, described as follows: Commencing at the southwest corner ~ ~id Southeast Quarter of the Northeast Quarter; thence South 88o34'01" East along the south lin~ ~id Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast corner of said ice North 04o04'00'' East along the east line of said parcel 159.18 feet to the point of North 48o18'05'' West 210.60 feet to the southeasterly right of way line of No. 1; thence North 48°35'35'' East along said right of way line 237.85 feet to the parcel; thence South 04o04'00'' West along said east line 298.16 feet to the pein beginning, dning 24,864 square feet, subject to easements and restrictions of record, ~ and ~ That of the Northeast Quart%r of Section 20 Township 79 North Range 6 West of the 5th Pr Meridian in Johnson County, I~,a, described as follows: Commencing at the southeast co~ of said Southeast Quarter of the N~(theast Quarter; thence North 88o34'01" West along the~)u line of said Southeast Quarter of the~4ortheast Quarter 1,129.73 feet to the southeast cor~er of a parcel of land described in Book 1908, I~age 205, in the Office of the Johnson County Re/cdrder; thence North 04°04'00" East (North 02~50' E~st record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way/ line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve havin¢ a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06o41 '08" and having a chord bearing South 43o19'05" East 109.92 feet to the point of beginning; thence North 62°27'56" East 30.54 feet; thence South 48°27'49" West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27'02'' and having a chord bearing North 39°45'00" West 7.39 feet to the point if beginning. and Resolution No. Page 4 That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 Nodh, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01045' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30'' West 298.8 feet record); thence North 19o00'13'' West (North 19o00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62°27'56'' West 810.16 feet; thence North 19o00'13'' 33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the J ~nson County Recorder; thence North 04°04'00'' East (North 02°50' East record) along said east point on the southeasterly right-Of-way line of Iowa State Highway Number 1; thence ,rth 44046'50'' East along said right-of-way line 385.18 feet (North 43033' East 389.1 feet record) to centerline of original Iowa State Highway Number 1; thence North 64o31'47" East (North 64°32' record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, 204; thence South 19o00'13'' East along said west line 468.66 feet to the point of beginning. and That part of the Southeast ¢ Northeast Quarter of~ection 20, Township 79 North, Range 6 West of the 5th Principal Meridian ohnson County, Iow~, described as follows: Commencing at the southeast corner of said Southeast, arter of the Nortb~ast Quarter; thence North 01o44'47" East (North 01o45' East record) along the line of said ~'outheast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West the so, u~theasterly line of a parcel of land described in Book 871, Page 204, in the Office of the ,hnson,¢ounty Recorder 298.84 feet (South 63°52'30" West 298.8 feet record); thence North (North 19o00' West record) along the west line of said parcel 198.73 feet to a point on the line of proposed relocated Dane Road and the point of beginning; thence North West along said right-of-way line 97.71 feet; thence North 62o27'56'' East 92.39 feet to nt on said west line; thence South 19o00'13" East along said west line 48.32 feet to the point dng. and That part of the Southeast Quarter/f)f the Northeast ~ader of Section 20, Township 79 North, Range 6W h est of the 5 Pr, nc,pal Meri,dC~n in Johnson Cc ¥, Iowa, descr,bed as follows: Commencin,g, a! the southeast corner of said/~outheast Quarter of ~ Northeast Quarter; thence Nodh 88°34 01 West along the south line ¢'said Southeast Quarter o't the Northeast Quarter 1,129.73 feet to the southeast corner of a par~,,_l ~o~f I,,a,n_d,,d,,e,,s~ribed in Book 1 08,, Page 205, in the Office of the Johnson County Recorder; thenc/e'North 04~04'00 East (North 0; 50 East record) along the east line of said parcel 158.70 feet ~' a point on the southwesterly r ,t-of-way line of proposed Mormon Trek Boulevard and th~.~lSoint of beginning; thence continuing ,rth 04°04'00'' East along said east line of that parcel of ladd described in Book 1908, Page 205 a ~ce of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along curve and said southwesterly right-of- way line of proposed Mormon Trek Boulevard 71.59 feet t6rough a central angle of 04°21'50" and having a chord bearing North 44°28'43'' West 71.58 feet to the point of beginning. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. 4. The City Council will transition the imposition of the City property tax levy according to the following schedule for the annexed properties described above, excepting the Dane property described as follows: Resolution No. Page 5 In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Pad DESC as AP#2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. City Prn.n~_rty Tax Tran~itinq First Year: 75% discount Second Year: 60% discount Third Year: 45% discount Fourth Year: 30% discount Fifth Year: 15% discount Sixth Year: 0% discount / 5. Appropriate City staff are hereby authorized and directed to certify and file alld,g~uments necessary for the transition in the imposition of the City property tax levy for the parcels descried and outlined herein. Passed and approved this __ dal 20___ MAYOR ,,' / ATTEST: DEPUTY CITY CLERK Approved by City A[to~ney's Office Prepared by John Yapp, PCD, 410 E. Washington, Iowa City, IA 52240; 319-356-5247 (ANN03-00001/ANN01-00004) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 150 ACRES OF PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 2'18, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City of Iowa City is coordinating and initiating the annexation of approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both North and South of Highway 1; and WHEREAS, each of the proper~y,,0wners of property proposed to be annexed to the City of Iowa City have applied for annexation or have con{e, nted to annexation in writing; and WHEREAS, the properties proposed fo?,annexation are within the City of Iowa City Growth and Long Range Planning Boundary; and WHEREAS, the Iowa City Planning approval of said annexation; and WHEREAS, pursuant to Iowa Code Section Section (2001), notice of the application for annexation was sent by certified mail to the of the Johnson County Attorney, each affected public utility, the Johnson the Iowa Department of Transportation, and the East Central and WHEREAS, the City Council of the City of Iowa Cit the imposition of the City property tax levy, as is permitted in State Code. NOW, THEREFORE, BE IT RESOLVED BY THE : THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be annexed t, of Iowa City: Hargrave COM 300' S OF NE COR S S35o W 999.95', S 45° W .67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26° ' N 54° W TO W LINE E~ ALONG SAID W LINE TO POINT N 54° W TO BEG as Johnson County, Iowa 105002; and COM 300' S OF NE COR S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45o W 196.67', N TO W LINE E¼ NE, N ALONG SAID W LINE TO PT N 54o W OF BEG., S 540 E TO BEG, identified as Johnson County, Iowa parcel #1020105001. City of Iowa City (North side of Hwy Commencing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5'h PM., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of Resolution No. Page 2 beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the nodherly right of way line of iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE corner of said Section 20; thence S0"33'W, 377.5 ft. along the east line of the NE ¼ of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 WW, 1838.6 ft. along said centerline and centerline tangent; thence N54°29 ~'W, 101.3 ft. to the Point of Beginning; thence continuing N54"29 ~'W, 231.0 ft. to a point on the west line of the E ~ NE ¼ of said Section 20; thence S0°27 ~,~'W, 328.7 ft. along said west line; thence N44°26 WE, 272.4 ft. to the Point of Beginning; containin§.O.71 acre (31,088 sq. ft.), more or less. Wade COM 300'S OF NE COR SECTION 20, T79N, R6W, ~ 89ow25.5', S 35°w 999.95', S45°w 355.98', S 26° W 229.95', S 5~,..W TO C/L HWY, C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54o, W T~.~.W LINE E ~ NE ALONG W LINE TO POINT N 54° W OF #1020177002. BEG., S 54 W TO BEG, identified as ~,~n IDOT All of the Highway 1 right-of-way southeast of the corporate boundaries of Iowa City on April 1,2003. Davis North 18.56 chains of the North half of the ,< r East of Highway right-of-way Section 20, T79N, R 6W Jirsa BEG AT A POINT N 89° E 1135.7' { 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', E 140.4' TO : SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH L E OF SAID SW NE, S ,,,,.X3' ALONG SOUTH LINE TO THE POINT OF BEG, which is acres, more er less, identified as J'e, hnson County, Iowa parcel #10201590; and COM SW COR SE NE E 1! SW 330', S 412' TO beg EX. Land cor~yed to City of I.C. in 2727-90 is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. Dane In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Pamel #1020176009. City of Iowa City (airport-south of Hwy 1) That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01o44'47" W (S 01o45' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of Resolution No. Page 3 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64031'47'' W along said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10026'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45'' E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36042'20" E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28055'53'' E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58000'48'' E along said right-of- way line 96.64 feet (96.6 feet record); thence N 36o42'10" E along said right-of-way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84o23'41'' E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 58.14 feet (58.1 feet record) to a point on the centerline of said Dane Road; thence S 36017'50'' E along said centerline 84.53 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thenc.,e southeasterly along said centerline 215.65 feet to the point of beginning, and containing 6.314 acre'S~ Subject to Dane Road rigRt,gf-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of saJ~l,~Section 20 is assumed to bear S 01044'47'' W. The above described parcel is the same ibed in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County and That part of a parcel of land described in 1908, 205, in the Off'~ca of the Johnson County Recorder, in the Southeast Q of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson described as follows: Commencing at the southwest corner of said ~ ~east Quarter of the Northeast Quarter; thence South 88o34'01" East along the south Quarter of the Northeast Quarter 194.00 feet to the southeast corner of said parcel; t East along the east line of said parcel 159.18 feet to the point of begin~ thence 48o18'05" West 210.60 feet to the southeasterly right of way line of Iowa No. 48035'35'' East along said right of way line 237.85 feet to the east parcal; ~ South 04°04'00'' West along said east line 298.16 feet to the point of containing uare feet, subject to easements and restrictions of record, if any. and That part of the Southeast ( ~f the Northeast Quarter of Section 20 79 North, Range 6 West of the 5th in Johnson County, Iowa, described as Commencing at the southeast corner of said Quarter of the Northeast Quarter; North 88o34'01" West along )uarter of the Nodheast Quarter 1,129.73 feet to the southeast corner of a described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04°04'00'' East (North 02°50' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06o41'08" and having a chord bearing South 43o19'05" East 109.92 feet to the point of beginning; thence North 62027'56'' East 30.54 feet; thence South 48027'49'' West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00o27'02" and having a chord bearing North 39°45'00" West 7.39 feet to the point if beginning. and Resolution No. Page 4 That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01 °44'47" East (North 01045' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30'' West 298.8 feet record); thence North 19o00'13" West (North 19o00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62027'56" West 810.16 feet; thence North 19o00'13'' West 174.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence North 04004'00'' East (North 02050' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44046'50'' East along said right-of-way line 385.18 feet (North 43°33' East 389.1 feet record) to the centerline of original Iowa State Highway Number 1; thence North 64031'47'' East (North 64032' East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13" East along said west line 468.66 feet to the point of beginning. and ~ That part of the Southeast ~arter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5t~ Principal M~'idian in Johnson County, Iowa, as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast ¢ thence North 01o44'47" East (North 01045' East record) along~he east line of said Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17"~¥est along the line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson Coul Recorder 298.84 feet (South 63052'30'' West 298.8 feet record); thence North 19~00'13" West 19o00' West record) along the west line of said parcel 198.73 feet to a point on the' line of proposed relocated Dane Road and the point of beginning; thence North West along said right-of-way line 97.71 feet; thence North 62027'56'' East 92.39 feet to a on said west line; thence South 19o00'13'' East along said west line 48.32 feet to the point of b and That part of the Southeast ~ Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian Johnson County, Jescribed as folloWs: Commencing at the southeast corner of said of the Northe"a6,.t Quarter; thence North 88o34'01" West along the south line of ~uarter of the Nortl'~,.ast Quarter 1,129.73 feet to the southeast corner of a parcel of I described in Book 1908, Page 20,5, in the Office of the Johnson County Recorder; thence North/' 4'00" East (North 02°50' East recb~d) along the east line of said parcel 158.70 feet to a poi)~'t on the southwesterly right-of-way line'~f proposed Mormon Trek Boulevard and the point of ~'eginnir g; thence continuing North 04o04'00'' Be, st along said east line of that parcel of lan, ~ ¢ ~ in Book 1908, Page 205 a distance of 78.57 feet~hence South 19o00'13" East 136.90 feet to on a non-tangent curve to the right, said curve ha~,ng a radius of 940.00 feet, concave: thence northwesterly along said curve and said s~uthwesterly rig,ht-of- way line of Trek Boulevard 71.59 feet through a central angl~ of 04o21'50 and having a chord I North 44028'43" West 71.58 feet to the point of beginning. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. 4. The City Council will transition the imposition of the City property tax levy according to the following schedule for the annexed properties described above, excepting the Dane property described as follows: Resolution No. Page 5 In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as APfl2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. Cit.v Prn.n~rt~v '1'~ Tr~n~itinn First Year: 75% discount Second Year: 60% discount Third Year: 45% discount Fourth Year: 30% discount Fifth Year: 15% discount Six'th Year: 0% discount 5. Apprbpriate City staff are hereby authorized and directed to codify and file all documents necessary for the transition in the imposition of the City property tax levy for the parcels described and outlined herein. Passed and approved.~his day of ,.-' , 20__ MAYOR ATTEST: DEPUTY CITY CLERK // Approved by City A Steve Atkins From: Mitch Behr Sent: Tuesday, May 20, 2003 8:57 AM To: Steve Atkins Cc: Eleanor M. Dilkes; Ross Spitz Subject: Land Acquisition costs for Mormon Trek BIvd Extension Project Importance: High You had asked me to summarize the land acquisition costs for this project and any IDOT or FAA funding involved with the project. The land acquisition and relocation assistance costs, itemized below, total $857,120. Approximately $1 Million had been budgeted. Rock's II LLC: 6,100 John Dane & David Larson 36,500 James Davis, Robert Davis & Jan Smith 191,200 George Dane 64,970 John & Allegra Dane 39,850 Tom & Karen Williams 485,000 Jebb LLC 33,500 TOTAL $857,120 The IDOT is to provide approximately $1.8 Million toward the construction contract cost for the project. I believe the FAA is supposed to reimburse the City for some of the cost of building a connection to Dane Road, which would also be part of the construction contract cost. Please let me know if you would like any additional information. ..... Original Message ..... From: Andy Matthews Sent: Tuesday, May 20, 2003 7:52 AM To: Mitch Behr Subject: City Manager ~_~.~ ~ wants to see you when you get in... ~ ..~.. / Steve Atkins From: Ron O'Neil Sent: Tuesday, May 20, 2003 11:02 AM To: Steve Atkins Subject: Relocate Dane Road In January of 1999, as part of the Master Plan, the Airport purchased 24,864 square feet (approximately 1/2 acre) of property from John Dane. The property is directly east of Rock's Roadhouse, on the south side of Highway 1, at the intersection of Mormon Trek and Highway 1. The purchase price was $184,000, with a grant from the FAA paying for 90% of the acquisition. The plan at the time was to construct a chip seal road at the southern edge of the Runway Protection Zone to relocate Dane Road out of the safety area. After purchasing the property, we negotiated with the FAA to combine the Mormon Trek project with the relocation of Dane Road. Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF HOLLYWOOD MANOR, PART 8, IOWA CITY, IOWA. WHEREAS, the owner, ST Enterprises, LC, filed with the City Clerk the final plat of Hollywood Manor, Part 8, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A Portion of the Northeast Quarter of the Southwest Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Auditor's Pamel "B", in accordance with the plat thereof recorded in Plat Book 34, at Page 243 of the records of the Johnson County Recorder's Office; Thence N02°23'00"W, along the West line of said Auditor's Pamel "B", 320.05 feet; Thence N87°37'00"E, along said West line, 91.50 feet; Thence N02°23'00"W, along said West line, 280.00 feet; Thence S87°37'00"W, along said West line, 26.50 feet; Thence N02°23'00"W, along said West line, 175.00 feet, to the Northwest corner thereof; Thence N87°37'00"E, along the North line of said Auditor's Parcel "B", 345.64 feet, to the Northwest corner of Hollywood Manor - Part 7 in accordance with the recorded plat thereof, recorded in Plat Book 42 at Page 155 of the records of the Johnson County Recorder's Office; Thence S02°23'00"E, along the West line of said Hollywood Manor - Part 7, a distance of 175.00 feet; Thence N87037'00"E, along said West line, 10.38 feet; Thence S02°23'00"E, along said West line, 126.53 feet; Thence S89°21'11"W, along said West line, 37.55 feet; Thence S00°48'22"W, along said West line, 66.41 feet; Thence S03°24'34"E, along said West Line, 62.92 feet; Thence S07°43'40"E, along said West line, 62.92 feet; Thence S07°48'57"E, along said West line, 98.83 feet; Thence S02017'57"E, along said West line, 60.00 feet; Thence N87°42'03"E, along said West line, 32.63 feet; Thence S02°17'57"E, along said West line, 125.00 feet, to the Southwest corner of said Hollywood Manor - Part 7; Thence S87°42'03"W, along the South line of said Auditor's Parcel "B", 428.49 feet, to the Point of Beginning. Said Parcel of land contains 6.35 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. Page 2 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20 MAYOR Approved by ATTEST: DEPUTY CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB03-00012 Final Plat Date: May 1, 2003 Hollywood Manor, Part 8 GENERAL INFORMATION: Applicant: S.T. Enterprises, LC 2621 Catskill Court Iowa City, IA 52245 Contact Person: MMS Consulting 351-8282 Requested Action: Final plat approval Purpose: 22 single-family lots Location: West side of Wetherby Drive South of Burns Avenue Size: 6.35 acres Existing Land Use and Zoning: Agricultural: RS-5 Surrounding Land Use and Zoning: North: Residential, RS-5 South: Agricultural, ID-RS East: Residential, RS-5 West: Residential/VVetherby Park, RS-5, P Comprehensive Plan: Residential 2-8 dwelling units per acre File Date: 45-Day Limitation Period: May 25, 2003 604Day Limitation Period: June 9, 2003 SPECIAL INFORMATION: Public Utilities: Municipal water and sewer service is available to serve the property. The property is subject to a sanitary sewer tap- on fee, a water main extension fee and a storm water management fee. Public Services: Police and fire protection and sanitation service provided by the City. Transportation: The property is accessible via Sycamore Street and Wetherby Drive. There are two nearby transit routes, Broadway and Lakeside. 2 Physical Characteristics: The area is generally flat. Sensitive Areas Ordinance: An area of hydric soils is located on the south and central portion of the property. The Natural Resources Conservation Service (NRCS) has confirmed that the property does not contain wetlands. BACKGROUND INFORMATION: The Planning and Zoning Commission recommended approval of the preliminary plat of Hollywood Manor, Part 8, at your April 17 meeting. The Council will consider the preliminary plat at their May 6 meeting. ANALYSIS: The final plat conforms with the preliminary plat, which is anticipated to be approved at the May 6 City Council meeting. This property is subject to sanitary sewer tap-on fees of $1,796.50 per acre and water main extension fees of $395.00 per acre. A portion of the subdivision drains into the new South Sycamore Regional Drainage System and is subject to stormwater management fees of $2,775.68 per acre. Both the conditional zoning agreement and the neighborhood open space require that fees in lieu of park land be paid for the neighborhood open space. Payment of these fees should be addressed in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends that the final plat of Hollywood Manor, Part 8, a 6.35-acre, 22-1ot residential subdivision, located on the west side of Sycamore Street be approved subject to staff approval of legal papers and construction drawings prior to Council consideration. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: ~~-,~-~ ' Karin ~anklin, Director, Department of Planning and Community Development ppdadmin/st frep/sub03-00012 doc SITE LOCATION: Wetherby Drive SUB03-00012 Final Pla[ HOLLYWOOD MANOR PART Iowa Ci[y, Iowa Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-O0010) RESOLUTION NO.03-154 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WINDY MEADOWS ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the applicant Kristin Wingate, on behalf of owner Lois Wingate, filed with the City Clerk the final plat of Windy Meadows Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TM P.M., JOHNSON COUNTY, IOWA; THENCE N00°00'00"VV, 879.73 FEET TO THE POINT OF BEGINNING AT THE MOST SOUTHERLY CORNER OF A TRACT OF LAND AS SHOWN ON A BOUNDARY SURVEY RECORDED IN PLAT BOOK 12 AT PAGE 87 IN THE RECORDS OI~ THE JOHNSON COUNTY RECORDER; THENCE N56°22'13"W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT, 572.60 FEET, TO THE MOST EASTERLY CORNER OF AUDITOR'S PARCEL 2003007 AS RECORDED IN PLAT BOOK 45 AT PAGE 206 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE SOUTHWESTERLY, 66.27 FEET ALONG THE SOUTHWESTERLY LINE OF SAID AUDITOR'S PARCEL AND AN ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 61.52 FOOT CHORD BEARS S81°38'10"W; THENCE N61°03'I9"W, ALONG THE SOUTHWESTERLY LINE OF SAID AUDITOR'S PARCEL, 303.38 FEET; THENCE N56°22'13"VV, ALONG THE SOUTHWESTERLY LINE OF SAID AUDITOR'S PARCEL, 162.73 FEET TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL; THENCE N57°11'06"E, ALONG THE NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL AND THE CENTERLINE TANGENT OF ROHRET ROAD SW, 67.49 FEET; THENCE N46°31'56"E, ALONG SAID CENTERLINE TANGENT, 511.94 FEET; THENCE N65°57'42"E, ALONG SAID CENTERLINE TANGENT, 558.82 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE S0°00'00"E, ALONG THE EASTERLY LINE OF SAID TRACT, 1161.52 FEET TO THE POINT OF BEGINNING, CONTAINING 13.43 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Depadment examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 03-154 Page 2 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute ail legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall certify and send the plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All recording expense is the responsibility of the owner/subdivider. Passed and approved this 20th day of ~~__, .~, MAYOR C'ITM.~RK City Attorney's Office It was moved by Pfab and seconded by Champ'inn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ~red by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01- ) RESOLUTION NO. THE EXTRATERRITORIAL FINAL PLAT or MEADOWS ADDITION, iON COUNTY, IOWA. WHEREAS, the ~nt Kristin Wingate, on behalf of owner Lois ate, filed with the City Clerk the final f Meadows Addition, Johnson County, Iowa WHEREAS, said subdivi located on the following-described in Johnson County, Iowa, to wit: COMMENCING AT THE CORNER QF THE ONE-QUARTER OF THE SOUTHEAST ONE-Q )F SECTION 23, TOWI' RANGE 7 WEST OF THE 5TM P.M., JOHNSON C( IOWA; THENCE 00°00'00"W, 879.73 FEET TO THE POINT OF BEGINNING AT THE SOUTHERLY OF A TRACT OF LAND AS SHOWN ON A BOUNDARY IN BOOK 12 AT PAGE 87 IN THE RECORDS OF THE JOHNSON COUi' ~ECORDE THENCE N56°22'13"W, ALONG THE SOUTHWESTERLY LINE, TO THE MOST EASTERLY CORNER OF AUDITOR'S PARCEL 2003007 AS PLAT BOOK 45 AT PAGE 206 IN THE RECORDS OF THE JOHNSON COUNTY THENCE SOUTHWESTERLY, 66.27 FEET ALONG THE SOUTHWESTERLY LINE ,ID AUDITOR'S PARCEL AND AN ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE NOF ESTERLY, WHOSE 61.52 FOOT CHORD BEARS S81°38'10"W; THENCE N61°03'19"W THE SOUTHWESTERLY LINE OF SAID AUDITOR'S PARCEL, 303.38 FEET; THEN(: ALONG THE SOUTHWESTERLY LINE OF SAID AUDITOR'S PARCEL, 162.; IE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL; THENCE N57°11'( ALONG NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL AND THE CENTEF TANGENT ROHRET ROAD SW, 67.49 FEET; THENCE N46°31'56"E, ALONG SAI CENTERLINE iENT, 511.94 FEET; THENCE N65°57'42"E, ALONG SAID CENTE _INE TANGENT, FEET TO THE NORTHEAST CORNER OF SAID TRACT; THEI S0°00'00"E, ALONG EASTERLY LINE OF SAID TRACT, 1161.52 FEET TO THE OF BEGINNING, 4lNG 13.43 ACRES AND IS SUBJECT TO EASEMENTS AND S OF RECORD. WHEREAS, the Department and Community and the Public Works Department examined the 31 plat and subdivision, and ~pproval; and WHEREAS, the Zoning Commission examined the final and subdivision and recommended that said f >lat and subdivision be accepted and ~nd WHEREAS, a conditio/al dedication has been made to the public, and has been made with the free c~sent and in accordance with the desires of the own, roprietors; and / WHEREAS, said ?hal plat and subdivision are found to conform with Chapter of Iowa (1999) and all o~er state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. Page 2 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivLs, jon, and to certify a copy of this resolution, which shall be affixed to the final plat after pas'~,ge and approval by law. The City Clerk shall record the legal documents and the plat at tt~ office of the County Recorder of Johnson County, Iowa. All recording expense is the res~nsibility of the owner/subdivider. Passed and approved this __ day of MAYO R ATTEST: .¢'~ ~/'~::~,~ DEPUTY CITY CLERK It was moved by by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppda dmin/resfi~'*n d ymead-tlnalpla doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB03-00010 3125 Rohret Road SW Date: May 1, 2003 GENERAL INFORMATION: Applicant: Kristine Wingate 2801 Highway 6 East ff404 Iowa City, IA 52240 Phone: 338-8216 Property Owner: Lois Wingate 3125 Rohret Road SW Iowa City, IA Contact Person: MMS Consultants 1917 S Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Applicant's Attorney: Tom Gelman 321 E Market Street Iowa City, IA 52245 Phone: 354-1104 Requested Action: Final plat approval Purpose: To create a two-lot residentia~ subdivision Location: 3125 Rohret Road SW Size: 13.43 acres Existing Land Use and Zoning: Residential and open space; County RS5 Surrounding Land Use and Zoning: North: Agricultural; County A1 South: Agricultural; CountyA1 East: Agricultural; County A1 West: Agricultural; County A1 Comprehensive Plan: This property is in Fringe Area C of the Iowa City / Johnson County Fringe Area Agreement, outside of the City growth area File Date: April 10, 2003 45 Day Limitation Period: May 25, 2003 2 BACKGROUND INFORMATION: The applicant, Kristine Wingate, has applied for a final plat of Windy Meadows Addition, a two lot residential subdivision located at 3126 Rohret Road SW. This property is in Fringe Area C of the Iowa City / dohnson County Fringe Area Agreement, outside of the Iowa City growth area. This property w@$ rezoned to County RS§, Suburban Residential, in 2002. The preliminary plat was recently approved. ANALY$1S: The Fringe Area Agreement for Area C, outside the City growth area, specifies that rezoning to R$§ will be considered subject to the applicant setting aside a minimum of 80% of the property as an outlot for open space or agriculture. The rezoning concept plan approved in 2002 identified two residential lots (one of which is existing), with 80% of the property set aside as an outlot. Conformance with final plat' The final plat is generally consistent with the rezoning concept plan approved in 2002, and with the preliminary plat. The plat consists of two residential lots, a new road (Wingate Way) to provide access to the lots, and 81% of the property is set aside as two outlots identified as 'Greenspaca / Timber' outlots. The final plat is consistent with the approved preliminary plat. As part of the rezoning, at the request of the applicant, the City Council determined that a variation to the Rural Design Standards should be permitted regarding the design of Wingate Way. City Rural Design standards specify that the right-of-way or easement width for a local street shall be 60 feet wide to allow for future retrofit of sewer, water and sidewalks as necessary. The standards also specify a 22-foot wide chip-seal surface for the road surface. Wingate Way is proposed to be a gravel surface within a 40-foot wide easement. This is consistent with County road design standards for Iow-volume residential roads. There is language in the legal papers that any fudher subdivision of lots accessing Win§ate Way will trigger the requirement for Wingate Way to be designed to meet City Rural Design Standards. While two lots using a gravel road may not raise concerns, additional residential development will increase the need for a chip-seal surface within a wider easement. Win§ate Way is situated to serve as an access for future development if and when the adjacent property to the west and south subdivides in the future. STAFF RECOMMENDATION: Staff recommends that $UB03-00010, a final plat of Windy Meadows Addition, a 13.4;3 residential subdivision with two outlot$ located at 3126 Rohret Road, be approved, subject to approval of legal papers prior to Council consideration. ATTACHMENTS: 1. Location map 2. Preliminary plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\shared\PCD\Planning & Zoning Files\Sub\SUB03-00010 Windy Meadows,doc $I'T]~ I~OCA'TIO~L'q: 31 25 Rohret Rd. SW SUB03-00010 WINDY MEADOWS ADDITION ~o~,. ~. ~..~ ~ ~s~ ~ ~.~ ~ ..., ~s~ OUTLOT A ....... OUT~O ~CATION MAP NOT ~ SCA~ / ~_!1 ii ~ ~ {I d ~--' FINAL P~T ~ MM8 CONSULTANt, Il, }>ls~{ }l Il H ~.~ MEADO~ ADDITION I'1 1~1~1~ ~ mN-~W Or THE 5~ p.R. ~H~N COUNt, ~WA 4s Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 03-155 RESOLUTION APPROVING THE AMENDED FINAL MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK ADDITION, PART 2, LOTS 4, 5, 6, 7, & 8, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the amended final Manufactured Housing Site Plan of Saddlebrook Addition, Part 2, Lots 4, 5, 6, 7, & 8, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said site plan is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 4, 5, 6, 7 and 8 of Saddlebrook Addition, Part 2. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed site plan, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the site plan and recommended that said final site plan be approved; and WHEREAS, the site plan has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said site plan conforms with Title 14-4D of the Iowa City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said amended final Manufactured Housing Site Plan located on the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said Manufactured Housing Site Plan, and to certify a copy of this resolution, which shall be affixed to the final plan after passage and approval by law. The City Clerk shall record the legal documents and the plan at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Resolution No. 03-155 Page 2 Passed and approved, this 20th day of~~_v~.Mav/~-~ ~'20 03 __ CORPORATE SEAL DEPUTY CIT'~F'-C~L-~E R K It was moved by Vanderhoef and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmln~res~saddlebrk4~ doc City of Iowa City ME ORANDU Date: May 1, 2003 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: Saddlebrook The City Council approved the Preliminary and Final Manufactured Housing Site Plan for Saddlebrook Addition, Part 2, in February 2001. The applicant has now requested approval of an amended Manufactured Housing Site Plan. The revised plan realigns the intersection of Shire Lane and Paddock Circle to create a more distinct intersection. Otherwise, the plan is the same as the plan that was approved two years ago. Staff believes the revised plan will result in improved addressing. Staff Recommendation: Staff recommends approval of an amended Manufactured Housing Site Plan for Saddiebrook Addition Part 2. Attachments: 1. Location map 2. Amended Manufactured Housing Site Plan 3, Detail of proposed intersection design e~%_~.cf, .~.~~ 4, Detail of previously approved design Approv Kar/n Franklin, Director DCppartment of Planning And Community Development ,!Jl~ t ! ~ , , SITE LOCATION: Saddlebrook Addition, ~a~ Two BEZ03-00015 PROPOSED " 82 199 9~ PREVIOUSLY APPROVED 108 ' --- 9s .~'' ~100 ........ 182 18~ 2 ..... -'J ....... .... 196 ....... 94 10~ 101 20~ ~ _ 102 ..... ' '- 187 17z, .1.?.6, 177 19'1 7 -~. ~06 173 .... ---~ 190' 7-._ Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 03-156 RESOLUTION ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE AIRLINER WHEREAS, on April 8, 2003, in Johnson County District Court, Steven Glenn Johnsen was convicted of or pled guilty to violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Johnsen was an employee of the establishment operating under the retail cigarette permit issued to The Airliner, 22 South Clinton Street, Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette penmt may be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, on or about May 20, 2003, The Airliner waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by surrendering its retail cigarette permit for a period of thirty (30) days to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and surrender of the retail cigarette permit for service of a thirty (30) day suspension on behalf of The Airliner. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: I~a¥ 20, 2003 Mayor, City of Iowa City Deputy Ci~.~rk, City of)owa C'F~ Resolution No. 03-156 Page 2 It was moved by Vanderhoef and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum : Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, lA 52244, 319.339.6100 RESOLUTION NO. i CIVIL PENALTY OF EITHER THIRTY (30) DAY SUSPENSI OF OR $1500.00 AGAINST THE AIRLINER WHEREAS 8, 2003, Steven Glenn Johnsen was convicted/pled guilt3 District 136301 of violating Iowa Code § 453A.2(1); and WHEREAS the above conviction/plea, the establishment o issued to The Airliner, 22 ~ Street, Iowa City; and WHEREAS, there was a prior I(1) b~ floyees or agents within a two-year period. WHEREAS, pursuant to lowa Code l permit shall be subjected to a civil DO the , convicted of or pleads guilty to a violation of Iowa Code § penalty ora thirty (3 y suspension of its permit or $1500.00, at the permit holder's c ond time ~ convicted of or pleads guilty to and WHEREAS, a hearing was held on this date b, assess a civil penalty against The Airliner and at said hearin facts of the violation and the arguments of the perm/tee; and NOW, THEREFORE, BE IT RESOLVED BY THE OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to I e § 453A.22(2) hereby assesses a civil penalty of either $1500.00 or a thirt cigarette permit of The Airliner, at the option of The Airliner, pursuant to lowa Code BE IT FURTHER RESOLVED, that said x has ten (10) days from the date of this Resolution to either surrender its retail hold it for a period of thirty (30) days or pay the $1500.00, 1 § 453A.22(2). BE IT FURTHER RESOLVED City of this Resolution to the Johnson County Attorney's Office, wh provide a copy of the garette permit holder via regular mail sent to the place of business as it application for a retail cigarette permit. PASfi ,f Iowa City ATTEST: Deputy City Clerk, City Prepared by: Andrew Chapp¢ll, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION SUSPENDING RETAIL CIGARETTE PERMIT OF A & J MINI MART, INC., FOR A PERIOD OF THIRTY (30) DAYS AND ASSESSING $1500.00 CIVIL PENALTY WHEREAS, on March 26, 2003, Peter E. Telenson was convicted/pled guilty in Johnson County District Court, Docket No. STIC118625 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Telenson was an employee of the establishment operating under the retail cigarette permit issued to A & J Mini Mart, Inc., 2153 ACT Circle, Iowa City; and WHEREAS, them were, at least, two prior violations of Section 453A.2(1) by one of this business's employees or agents within a three-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1), a suspension of its permit for a period of thirty (30) days or a $1500.00 civil penalty the second time its employee is convicted of ur pleads guilty to such a violation within a two-year period, and a suspension of its permit for a period of thirty (30) days and a $1500.00 civil penalty the third time its employee is convicted of or pleads guilty to such a violation within a three-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against A & J Mini Mart, Inc., and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, atter notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby suspends the retail cigarette permit ofA & J Mini Mart, Inc., for a period of thirty (30) days and assesses a $1500.00 civil penalty, pursuant to lowa Code § 453A.22(2). BE IT FURTHER P~SOLVED, that said retail cigarette permitee has ten (10) days from the date of this Resolution to surrender its retail cigarette permit to the City Clerk who will hold it for a period of thirty (30) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: Deputy CityClerk, City ofIowa City I 05-20-03 ~ , 8 The City Council of Iowa City, Iowa, met on May 6, 2003, and held a public hearing on the proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan. The Council then deferred further action on the Plan until this time and place. Council Member Vanderhoef then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN LrRBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Vanderhoef~ Wilbur% Champion, Lehman~ 0'Donnell Pfab NAYS: Kanner Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 03-157 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS .APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE SYCAlvlORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR WHEREAS, by Resolution No. 00-295, adopted August 15, 2000, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Sycamore and First Avenue Urban Renewal Plan (the "Plan") for the Sycamore and First Avenue Urban Renewal Plan Area (the "Sycamore and First Avenue Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; and WHEREAS, the Sycamore and First Avenue Urban Renewal Area includes and consists of: Consisting of a tract of land described as follows: Commencing at the Southeast comer of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest comer of the Northeast quarter of Section 23; thence 33 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastern comer of Johnson County Auditor's Parcel 10-14-386- 003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of-Way line of Sycamore Street to the Northwestern comer of Johnson County Auditor's Parcel 10-14-457-004; thence Easterly 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Western comer of Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly 256.82 feet to the Northern comer of said parcel; thence Southeasterly 40 feet to the Eastern comer of said parcel; thence Northeasterly along the property line of Johnson County Auditor's Parcel 10-14-452-002 to its Northern comer; thence Southeasterly 150 feet along the property line of said parcel to its Eastern comer; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern comer and the Northern Right-of- Way line of Lower Muscatine Road. Thence Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastem line of Section 14 to it's intersection with the Eastern Right-of-Way line of First Avenue; thence Southwesterly along said Right-of-Way line to the Western comer of Johnson County Audtior's Parcel 10-13-353-003; thence Easterly to the Eastern line of Section 14; thence South along the Eastern line of Section 14 to the Northwest comer of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176 feet to the Eastern property line' of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer; thence Northwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast comer of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southwesterly 988.76 feet to the Northern Right-of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and the Northeastern comer of Johnson County Auditor's Parcel number 10-23- 105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line of U.S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of- Way along the Northern Right-of-Way of U.S. Highway 6 to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning. Said parcel contains approximately 61 acres; WHEREAS, a proposed Amendment No. 1 to the Plan has been prepared, which proposed Amendment is on file in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and include within the Plan additional land, as follows: Commencing at the northeast comer of Mall Drive Subdivision, which is the point of beginning. Thence northwesterly along the southern boundary of the Iowa Interstate Railway, to the northeast comer of Lafferty subdivision. Thence southerly along the eastern boundary of Lafferty Subdivision, to the centerline of Lower Muscatine Road. Thence southeasterly along said centerline of Lower Muscatine Road to a point on an extension of the westerly right-of-way of Sycamore Street. Thence southerly along said westerly right-of-way of Sycamore Street to the southeast comer of Johnson County Auditor Parcel #10-14-386-003; thence 66 feet to a point perpendicular on the eastern right-of-way line of Sycamore Street; thence northerly along the eastern right-of-way line of Sycamore Street to the northwestern comer of Johnson County Auditor's Parcel 10-14-457- 004; thence easterly 147.61 feet to an angle point of said Parcel; thence northeasterly 413.83 feet, thence northerly 57.36 feet to the southern right-of-way line of Lower Muscatine Road; thence northwesterly along the southern right-of- way line of Lower Muscatine Road to a point perpendicular 33 feet from the western comer of a parcel formerly known as Johnson County Auditor's Parcel # 10-14-452-004; thence northeasterly 223.82 feet to the northern comer of said parcel; thence southeasterly 40 feet to the eastern comer of said parcel; thence northeasterly along the property line of said parcel formerly known as Johnson County Parcel//10-14-452-002 to its northern comer; thence southeasterly 150 feet along the property line of said Parcel to its eastern comer; thence southwesterly 224.9 feet to the intersection of said Parcel's southern comer and the northern right-of-way line of Lower Muscatine Road. Thence southeasterly along the northern right-of-way line of Lower Muscatine Road to the northern right-of- way line of Mall Drive; thence northeasterly 1,533.09 feet along the northern right-of-way line of Mall Drive to the southern right-of-way line of the Iowa Interstate Railroad, which is the point of beginning. Said parcel contains approximately 51 acres. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Plan; WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and WHEREAS, adoption of Amendment No. 1 has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, by resolution adopted on March 11, 2003, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan and the division of revenue described therein, and that notice of said · consultation and a copy of the proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Community and Economic Development Coordinator filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the "Press Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the Plan and Amendment No. 1 thereto concerning the area of the City of Iowa City, Iowa described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the. findings of this Council for this area. Section 2. This Council further finds: a. A feasible method exists for the location of families who will be displaced from the Sycamore and First Avenue Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Plan and Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan of the City of Iowa City, Iowa, conform to the general plan for the development of the City as a whole; and c. As to those areas of open land included within the Sycamore and First Avenue Urban Renewal Area to be acquired by the City: i. With reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: A. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. B. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. C} That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii. With reference to those portions thereof which are to be developed for non-residential uses, the City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Sycamore and First Avenue Urban Renewal Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites undeq the provisions of Chapter 403 of the Code of Iowa, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan of the City of Iowa City, Io~va be and the same is hereby approved and adopted as "Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan for the City of Iowa City, Iowa"; Amendment No. 1 to the Sycamore and First Avenue Urban Renewal plan of the City of Iowa City, Iowa, is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 1 with the proceedings of this meeting. Section 5. That the Plan, as so amended, for the Sycamore and First Avenue Urban Renewal Area shall be in full force and effect from the date of this Resolution until the later of the date of termination set forth in the Plan as so amended, or the date on wlfich payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. Section 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 1 thereto, as well as Resolution No. 00-295 previously adopted by this City Council be and the same are hereby ratified, confirmed and approved in all respects. PASSED AND APPROVED this 20th day of May, 2003. ATTEST: ~rk \ - Deputy DLILLI~IlOk365030\I \10714.060 The City Council of Iowa City, Iowa, met on May 6, 2003, and held a public hearing on the proposed Highway 6 Commercial Urban Renewal Plan. The Council then deferred further action on the Plan until this time and place. Council Member Champi on then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE N ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member 0' Oonnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, kehman, 0'Donnell, Yanderhoef, I~ilburn NAYS: Kanner, Pfab Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 03-158 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC ttEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN THEREFOR. -2- WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a proposed Highway 6 Commercial Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists off Consisting of a tract of land described as follows: Commencing at a point where the centerline of Cross Park Avenue and Broadway Street intersect, which is the point of beginning. Thence northerly along the centerline of Broadway Street to a point where the extended southern boundary line of Braverman Center, Block 1, Lot 3 intersects. Thence northwesterly along said boundary line to a point on the western boundary of said Lot 3. Thence northeasterly along said western boundary to a point where the extended said boundary line intersects the centerline of U.S. Highway 6. Thence northwesterly along the centerline of U.S. Highway 6 to the Iowa River. Thence southerly along the east bank of the river to a point on the centerline of the Cedar Rapids and Iowa City Railway. Thence northeasterly along said centerline to a point where said centerline intersects with the centerline of Gilbert Street. Thence northeasterly to a point where the eastern boundary of the Cedar Rapids and Iowa City Railway intersects the eastern boundary of Gilbert Street. Thence continue northeasterly along the southern parcel boundary dividing blocks 208 and 276 to a point where said parcel boundary intersects the western boundary of Auditor's Parcel #98111. Thence northeasterly to a point where said western boundary line meets the eastern boundary of Waterfront Drive right-of-way. Thence westerly to a point on the centerline of Waterfront Drive. Thence continuing along the centerline of Waterfront Drive to a point where it intersects the extended boundary line of Lot 1, Resubdivision of Blocks 5 and 6, Braverman Subdivision. Thence easterly along the south boundary of the lots abutting and south of Southgate Avenue to the centerline of Keokuk Street. Thence southerly along the centerline of -3- Keokuk Street to a point where said centerline intersects the centerline of Cross Park Avenue. Thence easterly along said centerline to the point of beginning. Said parcel contains approximately 212 acres; WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Highway 6 Commercial Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Highway 6 Commercial Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefor; and WHEREAS, creation of the Highway 6 Commercial Urban Renewal Plan Area and adoption of the Highway 6 Commercial Urban Renewal Plan therefor has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by this reference; and WHEREAS, by resolution adopted on March 11, 2003, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Highway 6 Commercial Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Highway 6 Commercial Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Community and Economic Development Coordinator filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Highway 6 Commercial Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the "Press Citizen", which notice set forth the time and place for this hearing and the nature and purpose thereof; and -4- WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Highway 6 Commercial Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Highway 6 Commercial Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds: a. A feasible method exists for the location of families who will be displaced from the Highway 6 Commercial Urban Renewal Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Highway 6 Commercial Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c. As to those areas of open land to be acquired by the City included within the Highway 6 Commercial Urban Renewal Plan Area: i. With reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: A. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. -5- B. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. C. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii. With reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Highway 6 Commercial Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Highway 6 Commercial Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Highway 6 Commercial Urban Renewal Plan for the Highway 6 Commercial Urban Renewal Plan Area"; the Highway 6 Commercial Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Highway 6 Commercial Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Highway 6 Commercial Urban Renewal Plan for the Highway 6 Commercial Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Highway 6 Commercial Urban Renewal Plan or the date on which payment of all obligations issued -6- or advances made to carry out the purposes thereof shall be fully provided for. Said Highway 6 Commercial Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 20th day of May, 2003. Mayor ATTEST: Deputy City"~T'e~k - DLILLEB O~363167 \\ 10714.077 -7- Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 356-5437 RESOLUTION NO. 03-159 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING PROJECT. WHEREAS, All Amedcan Concrete, Inc., of West Liberty, Iowa, has submitted the lowest responsible bid of $94,300.95 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All American Concrete, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of ~,//,~ 03 Approved by It was moved by Champion and seconded by. 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn p¥~ng~res\wat e~workspkg.dc~ ADVERTISEMENT FOR BIDS WATERWORKS PARK TRAILHEAD PARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 13th day of May, 2003, or at a later date and/or time as determined by the Director of Public Works er designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 20th day of May, 2003, or at such later time and place as may be scheduled. The Project will involve the following: Shape existing site to proper gradient, Saw cut and remove existing asphalt trail paving, Construct 6-inch thick Portland Cement Concrete multi purpose trail, Construct 6-inch thick Portland Cement Concrete pedestrian walks, Construct 7-inch thick Portland Cement Concrete parking lot, Furnish, install and construct storm intakes, sewer pipes and manholes, Clear and grub existing vegetation and furnish and install seed, fertilizer, mulch and seed throughout project. All work is to be done in strict compliance with the plans and specifications prepared by DunbadJones PLC, of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, iOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and AF-1 tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of Five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 60 Specified Start Date: June 2, 2003 Liquidated Damages: $300 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City of Iowa City Engineering, Iowa, by bona fide bidders. A $35 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to 'City of Iowa City'. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 'i422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by Kurni Morris, Architectural Services, 410 E. Washington SL, Iowa City, IA 52240 319-356~,044 RESOLUllON NO. 03-160 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRE STATION #4 BUILDING PROJECT.. : WHEREAS, the City of Iowa City desires to construct the Fire Station #4 Building Project ("Project") which includes constructing a substation in the Northeast quadrant of the city with access to major road arteries; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultants, Rohrbach Carlson PC and Shoemaker and Haaland, Inc., has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Fire Station #4 Building Project ("Project') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of Resolution No. 03-160 Page 2 condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 20th day of Ma.y ,20 03 Approved by DEPUTY C~ERK ' City ~,~o~y~'Office It was moved by Champ'i on and seconded by Wi '1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 15 Prepared by: Marilyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 03-161 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. WHEREAS, All American Concrete of West Liberty, Iowa, has submitted the lowest responsible bid of $52,241.00 for construction of the above-named project. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All American Concrete, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of Fla,y ,20 03 App~ DEPUTY CITY-CL~K Cit~ A[torn~'y'~ Office It was moved by ~li 1 burn and seconded by 0' Donne1 '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ADVERTISEMENT FOR BIDS OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 13TM day of Ma,/ , 200:3, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 20th day of Ma,/ ,2003, or at such later time and place as may be scheduled. The Project will involve the following: Earthwork, PCC Walkwa,/s, PCC Curb and Gutter with Full Depth ACC Pavement, Special Stone and Granite Markers Installation, Gazebo and Timber Fabrication, ADS Drain System and Sodding, and all other related items. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Enqineers, of Coralville , Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish AF-1 a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (_!_) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 45 Specified Start Date: June 2, 2003 Liquidated Damages: $ 200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $ 35.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Enqineers . A Pre-Bid Conference for prospective bidders will be held at the Iowa City Parks and Recreation Department, 220 South Gilbert Street, Iowa City, Iowa, on Tuesday, May 6, 2003, at 10:00 a.m. Bidders are encouraged to attend to meet the design engineer and city representatives, to discuss project requirements. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 Prepared by: Steven Nasby, Comm. & Eco. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248. RESOLUTION NO. 03-162 RESOLUTION APPROVING LOAN TERMS FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND, WHEREAS, on May 6, 2003, in Resolution No. 03-136 the City Council approved $25,000 in funding for the proposed project submitted by The Rack BBQ; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a five (5) year amortized loan with an interest rate of three percent (3%) per year; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities and support micro-enterprise development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. CDBG Economic Development Fund monies for The Rack BBQ receive a loan in the amount of $25,000 that is repayable as an amortized loan with a term of five (5) years at three percent (3%) interest per year. Passed and approved this 20th day or__ga .. ,20 03 . Approved by DEPUTY C~-~LERK " "" City Attorney's Office It was moved by V~nderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA[N: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef Wi[bum X ecodev\resYackbbq doc City of Iowa City MEMORANDUM DATE: Flay 13, 2003 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinato RE: Recommendation on CDBG Economic Development Funding The Rack BBQ On Flay 6, the City Council voted to recommend $25,000 in funding for this project and requested that the Council Economic Development Committee make a recommendation on the terms of this assistance for further Council action. The Rack BBQ is a new owner-operated restaurant located in Pepperwood Plaza, 1911 Broadway Street, specializing in smoked meats and a variety of side dishes for eat in and carryout. Employment created by this project will be two full-time positions and one part- time position. in addition to local funding, The Rack BBQ has secured a $25,000 Targeted Small Business Loan from the State of iowa. The Council Economic Development Committee is recommending financing terms for The Rack BBQ as follows: · 3% interest rate · S year amortized loan A resolution approving these financing terms is on the May 20 Council agenda for your consideration, if you have questions regarding this project or need additional information please contact me at 356-5248. Cc: City Manager Karin Franklin, Director of Planning and Community Development Prepared by: Steven Nasby, Corem & Eco. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236. Resolution No. 03-163 RESOLUTION APPROVING THE PROPERTY TAX EXEMPTION APPLICATION FOR PROPERTY LOCATED AT t24 E. WASHINGTON STREET, IOWA CITY, IOWA WHEREAS, Steve Pajunen (~Owner") is the owner of a commercial building (the "Project") located on the land (the "Project Land") described in the Owner's Application for Property Tax Exemption under the Central Business District Urban Revitalization Plan (the "Application") attached hereto and incorporated herein in its entirety as Attachment 1, in the City of Iowa City, County of Johnson, State of Iowa; and WHEREAS, pursuant to the powers granted to it under Chapter 404 of the Code of Iowa, as amended, the City of Iowa City, a municipal corporation (the "City") has designated the Central Business District Urban Revitalization Area, and has adopted a plan outlining the qualifications for property tax exemption eligibility and a property tax exemption schedule for those qualifying improvements; and WHEREAS, the owner has applied to the City for a tax exemption under the Central Business District Urban Revitalization Plan; and WHEREAS, qualified real estate under the Central Business District Urban Revitalization Plan includes new construction of real estate assessed as nonresidential commemial property, which new construction did not require the demolition of structures identified in the Central Business District Urban Revitalization Plan as historic and/or architecturally significant; and WHEREAS, the Owner has represented to the City in the Application that a portion of the Project is qualified real estate assessed as nonresidential commercial property; and WHEREAS, the attached Application is for value to be added by eligible improvements made during calendar year 2003 and was submitted on April 30, 2003; and WHEREAS, the Application has been received, reviewed, and recommended for approval by the Council Economic Development Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that: 1) The Application for property tax exemption is hereby received. 2) The following findings shall be adopted: a) The Application was filed on or before February 1 of the assessment year for which the property tax exemption is being claimed. Resolution No. 03-163 Page 2 b) The Application is for a project located in the Central Business Distdct Urban Revitalization Area; the project is in conformance with the Central Business District Urban Revitalization Plan; and the improvements described in such application were made during the time the Central Business District Urban Revitalization Area was so designated. 3) The Application for property tax exemption schedule number 2 of the Plan is approved for the Project subject to review by the City Assessor under Section 404.5. 4) The City Clerk shall forward a certified copy of this resolution and the attached Application with its subparts to the City Assessor. Passed and approved this 20th da)~ of Mav~ . , ~,~2003. DEPUTY C'['FY-.C~K - x It was moved by Chamoion and seconded by 0'D0nnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ecodevVes~210clintonexemp,doc APPUCATION FOR PROPERTY TAX EXEMPTION UNDER THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN PROPERTY OWNER(S) NAME: DATE ON WHICH PROJECT RECEIVED IOWA CiTY HISTORIC PRESERVATION COMMISSION APPROVAL O~R COUNCIL APPROVAL OF THE PROPOSED EXTERIOR RENOVATION: ESTIMATED OR ACTUAL DATE OF COMPLET'~N: ~ S.,.~*m~,, ~., ~ u.~,.~y ~ ~"~ to ~,~,,t.? ___~. __No. ~'y~ ~.~, ~o~, a SIGHATURE OF PROPERTY OWNER:~ DATE: ~'~/~'~' TAX EXEMPTION SCHEDULES City of Iowa City MEMORANDUM DATE: May 13, 2003 TO: City Council r~'~c~- FROM: Steven Nasby, Community and Economic Development Coordinato RE: Property Tax Exemption Application for Property Located at 124 East Washington Street On your agenda is a resolution approving an application from Zephyr Copies &, Design for property tax exemption on commercial property located at 124 E. Washington Street. The purpose of this memorandum is to provide a brief history on property tax exemption in the Central Business District and outline the eligibility criteria for the property tax exemption. Central Business District Urban Revitalization Plan In September 1999, the City Council designated the Central Business District as a revitalization area to provide an incentive to private business owners to develop or improve their properties. [t is important to note that the tax exemption provision applies only to the portion of value in a structure that is added (not to the existing structure). Tn February 2001, the Council used this economic development tool to approve a property tax exemption for the property located at 210-202 Clinton Street (Whiteway Building). Eligibility Criteria According to the Central Business District Urban Revitalization Plan, projects within the revitalization area must meet the following criteria to qualify for property tax exemption: · Qualified real estate includes real estate assessed as commercial property. Only the non-residential commercial component if a commercial property would qualify for property tax exemption. However, any reuse of a historic structure assessed as residential (e.g. owner-occupied housing or condominium units), residential commercial (rental housing), or non-residential commercial property shall be considered qualified real estate and thus eligible for properb/tax exemption. The proposed project is a commercial property (no residential) so the whole structure is qualifying property, · Eligible construction includes rehabilitations, additions and new construction. However, new construction that requires the demolition of structures identified in the Central Business District Urban Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. The application for this project is for rehabilitation only and will not require the demolition of a historic or architecturally significant structure. · lin order to be eligible for property tax exemption and prior to the issuance of a building permit, the exterior design of any qualifying project must be either 1) reviewed by the staff design review committee and approved by City Council or 2) reviewed and May 13, 2003 Page 2 approved by the Historic Preservation Commission. The exterior design of this structure was submitted to the design review committee on Hay 1, 2003. The design review committee recommended approval of the project as proposed. Council approval of the design is also included on this agenda. · lin order to be considered eligible for property tax exemption, all improvements must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten percent (10%) in the case of real property assessed as residential properb/. Tn this case, the value of the improvements on the property as of January 2004 must be at least fifteen percent greater than the assessed value of the improvements on the property as of January 2003. The 2003 assessed value of the improvements is $246,920, and to be eligible for property tax exemption, the 2004 assessed value of the improvements must be at least $283,958. As provided for in State Code, the City Assessor will determine whether the project meets this criterion after the Council's approval of the application. The Council Economic Development Committee recommended this project for approval. Tf you have any questions or need additional information, please contact me at 356-5248 or via e-mail at steven-nasby@iowa-city.orq. Cc: City Manager Karin Franklin, Director of Planning and Community Development Steve Pajunen, Zephyr Denny Baldridge, City Assessor's Office Sara Holecek, City Attorney's Office Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 03-164 RESOLUTION APPROVING THE FA(~ADE RECONSTRUCTION OF 124 E. WASHINGTON STREET, ZEPHYRS COPIES. WHEREAS, the applicant, Steve Pijunen, has filed an application for the design approval of the exterior amhitectural design of "Zephyrs Copies and Design" located at124 E. Washington Street; and WHEREAS, the applicant has applied for tax exemption under the Central Business Urban Revitalization Plan; and WHEREAS, given that the project consists of new construction within the Central Business District Urban Revitalization Area, and is a non-historic structure, Section 4 of the Central Business District Urban Revitalization Plan requires the Design Review Committee to review this application and make a recommendation to City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Planning and Community Development Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of Chapter 14-4E of the Unified Development Code, Design Review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior architecture of "Zephyrs Copies and Design" located at 124 E. Washington Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this ?0th day of r, la.y ,2003. MAYO R Approved by DEPUTY ~RK " - CitC/A~o~ey's'Office Resolution No. 03-164 Page 2 It was moved by C..hampien and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman )~ O'Donnell X Pfab X Vanderhoef X Wilbum 8LAC~; A~OE~SED ALUM. 4. W~LOOWS A~D DOOR WI ~ LOW-E, ~NSU~TED G~SS, ~P. PA~HT~D E~, PL~OOD ~ SLOP~ I P~ SANDBLAST ALL EXT. CONC. SURFACES ~U'fT ~'O E×~ST. MASO~ARY OF AE~JASCE~T 8L~G. W/STRA~GF~T MORTAR JO~T Prepared by: Shelley McCafferty, Associated Planner, 410 E, Washington St,, Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 03-165 RESOLUTION AMENDING THE DESIGN OF THE EXTERIOR SIGNAGE FOR "THE CORE" LOCATED AT 1555 FIRST AVENUE, AND "WEST CORE" LOCATED AT 1621 FIRST AVENUE. WHEREAS, the applicant, Gerry Ambrose, has filed an application for the design approval amending the exterior signage for "The Core" and "West Core," hereafter referred to as Project; and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the amended signage, a copy of which is on file in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved with the following conditions: 1. Sign letters shall be mounted on geometrically-shaped, black metal panels. 2. Letters greater than 12" in height shall be internally-illuminated, three-dimensional channel ~etters. 3. Letters less than 12" in height may be flat, surface-mounted channel letters illuminated with neon or a similar technique, or they may cut from the metal panel and illuminated from the back. 4. Letters may extend beyond the field of the metal panel up to 15". 5. Graphic Iogos may be an internally-illuminated, cabinet-style sign if used in conjunction with channel letters. 6. All awnings shall be black, and the height and width shall be similar to the perforated metal panel dimensions of the building. 7. Directional signage that is mounted to the building facade may be internally-illuminated, cabinet-style signs, but must not exceed 4 square feet in area. 8. All signage shall comply with the above criteria unless the Franchisor requires an alternate style of signage. In this circumstance, the Franchisor must provide staff with a letter, explaining why the approve signage criteria cannot be met; and WHEREAS, the exterior signage amendment for the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The amended design of the exterior signage for "The Core" located at 1555 First Avenue and "West Core" located at 1621 First Avenue be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and Resolution No. 03-165 Page 2 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this ?0th day of May ,2003. MAYOR DEPUTY C"I-T-.Y._.~K "- "'- City~torney's Offic'i~ pweng\~s~amem.doc Resolution No. 03-165 Page 3 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 7'-9 I/2" 7'-10 3/8" 7'-0' ~ 4'-7 I/2 7' 5 1/2 \ 3'-10 i/2" FITNESS 2O Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 03-166 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1~ 2003~ THROUGH JUNE 30~ 2004. 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, 2003, through June 30, 2004, 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 20th day of Nay .. ,2003. It was moved by ChamDion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2003 TO JUNE 30, 2004 TABLE OF CONTENTS 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 XVII -- 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 XXVII -- 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 I 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 ail 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 II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and 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 exemise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those 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 wdtten notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages adsing by virtue of mistakes in connection with funds cellected under the previsions 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 VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City 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 seniodty and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive 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 pedods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of 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 VIII DAILY AND WEEKLY HOURS 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 pedod to occur between the second and third hour, and the second rest pedod 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. Straiqht 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%) 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 Chief's 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 (~) hour immediately following his/her normal work day, or b. One additional one-half (~) 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. ~. 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 pdvate 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 Fdday 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 date~ 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 I 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 Xl VA CA TIONS Section 1. Vacations shall be earned and accumulated by pay pedod according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5 years and one day-10 years 1.25 10 years and one day-15 years 1.5 15 years and one day-20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. 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 LEA VE Section 1. ~. 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 (~) of the officaCs then current houdy 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, ~. 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 maybe 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) Sedous 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. Nntific~tion. 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 XIII SPECIAL LEAVES Section 1. ~. 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 ara 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. F~n~.rals. 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 loss 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 Ahsenc.~. Withollt 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 retum 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 pedod, no officer shall eam sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if 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 pdor to the time that the leave without pay commences. d. Shall not accrue seniority dudng leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due dudng any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month dudng 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 dudng 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. JJJ~,L.Du~. Any officer summoned for jury duty shall receive regular standard time pay during any pedod 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. WifnP. R.~ FP.P..~ 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. MJlJIaD/._L~,a.v~. 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 Tim~.. 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. Pr~._nnancy 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 dudng 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 LA Y-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 houdy 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 officer~ 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 ali 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 XVll 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 XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay five percent (5%) per month of the monthly premium (prorated for pad-time employees) toward the cost of such coverage, subject to a cap of $35.00 per month for the first six months of FY04, and subject to a cap of $40.00 per month for the second six months of FY04. 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 XlX 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 propedy 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 shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in headng 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 X~ 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 a bullet-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 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. Upon submission of receipts by a plain clothes officer, the City will reimburse the officer for the actual cost of clothing up to six hundred ($600.00) per year of assignment and the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and t'n~y dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. 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 XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, dght, 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 GRIEVANCE PROCEDURE Section 1. D~.finition - C=~.n~.rRI 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 headng. Grievance procedures occurring on duty time will be scheduled so as not to inter[ere 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 adse 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. 17 e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the gdevant 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. Pm~-~.durP.. A grievance that may arise shall be processed and settled in the following manner: a. RtP. p 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 dse 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 ?. 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) wdtten 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 wdting thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. ~,,p_~. 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 Chief's Step 2 response. The City Manager will accept or reject the committee's wdtten recommendation within five (5) days after it is received. d. ,<:;rep 4. A grievance not adjusted at Step 3 may be submitted by the gdevant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arhitmti(3n. 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 gdevant 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. Both the City and the gdevant 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 headng and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required dudng the arbitration headng shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration headngs shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative. Confe. renr~.~ 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 XXVll EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2003, and shall continue through June 30, 2004. Thereafter, this Agreement shall continue from year to year unless wdtten notice to change or modify it is served by either party pdor to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVlII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay pedod which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date 'of the compensation pedod as defined in Section I of this Article, the City shall increase the pay of all officers by three (3%) at the beginning of the fiscal year covered by this agreement. (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. LDJ3g,e.v,J~/__P~. 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 5 years $300.00 10 years $450.00 15 years $600.00 20 years $750.00 25 years $1000.00 This payment will be pre-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 pre-ration. Section 4. ~. 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. Officersworking 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. 2O Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. ~zec, JaLDu~/_P_a~. 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, supplemental pay in the amount of five dollars ($5.00) per watch. 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 XX~ 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. Nnn-Hi.~crimin~tic)n. 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. WaivP. r. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticip~t~.d Chan?~ 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. P~rkinn_ 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 CITY Of IOWa CITY POLICE LABOR RELATIONS ORGANIZATION OF IOWa CITY ATT E ST~~'~X'~,,.~ ~ bY: D-I~PU'T-V.-~ I T Y CLERK' Date: ~&)/ ~0/ ~'~1:~.~ Date: POLICE OFFICER PAY PLAN (40-01) Step 1 Step 2 Step 3 Step 4 Step 5 FY04 $ 16.11 $ 16.51 $ 19.83 $ 21.71 $ 23.36 (July 5, 2003) $ 1,288.80 $ 1,320.80 $ 1,586.40 $ 1,736.80 $ 1,868.80 $ 33,508.80 $ 34,340.80 $ 41,246.40 $ 45,156.80 $ 48,588.80 SIDE LETTER OF AGREEMENT BEI~/EEN 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 b~ Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 {minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. {Withholding must be made on all payments to employees.) Maximum payment to employees is $500 {pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment {e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY , PLRO- By' By: ~ CITY MANAGER oate: Bate: OF IOWA OITY CIVIC CENI'ER4'10 E. WASHINGTON ST.IOWA CI1¥, IOWA 52240 (3'19) 356-5CCO April 18, 1985 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 Day 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 XVIII, Section i 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. b j3/9 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 shams in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's sham never exceeds $500 per contract per year for covered services, regardless of the number of family menl)ers. 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 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary 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 ~RE 90/10 PHYSICIAN SERVICES gO/10 Inpatient H~me and office vists · Semi-private room and board One routine annual physical · Necessary services and supplies exam · Operating moms, intensive cam, Pm-natal and post-natal care coronary and burn care units in physician's office · Delivery mom for normal delivery, Immunizations Caesarean section, miscarriage or Hospital visits and nursing admission for false labor facility visits · Necessary laboratory and x-ray services Outpatient NERVOUS AND MENTAL 90/10 · Surgery Outpatient - gO/10 to $10,000 · Diagnositc x-ray and laboratory Lifetime Maximum· services · Accident cam 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 IOI4A 500 PLAN COVERS THESE OTHER SERVICES: These"othe, services are subject tQ a $100 contract dedbctible per calendar year Prescriptions Nursing Services Anesthetics Private-duty nursing services Blood plasma Casts Ambulance Crutches Air Oureble medtcal equipment Ground · Other suppltes when ordered by a physician DEDUCTTBLES AND COPAYMENT · Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospttol Admission. · Physician - The subscriber pays 10~ of the physician's Usual, Customary and Reasonable charges Including office calls. IOk~A 500 coverage pays the remtnJng 90~. · Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year. for medical suppltes and services. These my include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces· ~hen the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IO~ 500 pays 100~ of all remaining charges. If the subscriber's' expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10~ of all remaining charges up to a total maximum expenditure of $500. (Outpatient treament for nervous and mental conditions ts paid 90/10 co-payment until the $10,000 Lifetime Maximum ts met. Co-payment for outpatient Nervous and Manta1 does not apply to the out-of-pocket maximum. CRRRYOVER OF OEOUCTIBLE Expenses for covered services incurred during the months of October, November and Oecember and ~htch are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. 1 ~2day ~,~-.:-a,ct Summary of Benefits DELTA DENTAL COVERAGE De~ Dental Plan of Iowa coveroge not only I~wide~ ·vartety of benafit~ but elto ·ncoureg# timely and effective dental maintenance. More then 80/. of the dentista In Iowa perticlpate in the Deli· Dental program. Delta Dental payment is be~d on Uaual, Customary and Reasonable allowances, aubject to deductible and copayment provio sion· of the program. Your Delta Dental program includes a 'medical necessity' provision which en~ums coverage for dental ~ervices provided within generally accepted dental practices. Uke Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates cleimr,-hendling chores for you and your employees -- end r~ves valuable time and money. To provide a program to meet your company% needs, Delta Dental Plan benaf'~s are available with deductibles, copayments end maxi- mum payment allowances for covered ~ervices. These benefits are combined to meet your needs: · Routine checkups et six-month intervals including bit·wing x-rays at 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-rays once in any thres-yoar interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. e Cast restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. I~ta Dent~l Plan Delta Dental Plan of Iowa RATE QUOTAI ON PLAH Program Benefits DodurUble Cop~ymem ~lngle/F~mlly Ul~nnu~l} ~ Preventive Maintenance $ - I~1 Routine Restorative $ 25/75 50 % [~ Major Restorative $ - " _ 50 % I-I Dental Prosthetics $, . I-I Periodontics $ _ I"1 Orthodontics $ _ _ % 1-1 Dependents to age [] Full-time students r'l Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year lifetime benefit maximum on Orthodontics $., Program Rates* Single $, per month Family $ ~ per month These rates guaranteed for, 12 months beginning on 7-Z-85 (~e! if purchased by. 7-1-85 (~te) *Rates quoted here are based upon census informetior~ provided and acquir ng and maintaining I mill)mum ;enrollme~ of 90% of total eEg;ble employees for the duration of the cOntract cOVera.,~ su,es~i.'~s~i~J°.n--°~ cove~rnge..~t.i, not ~, s?tement of contract. Actual and enrollment reguMt,ons m force w~en the contract becomes effective. Dental Plan of Iowa MEMORANDUM OF AGREEMENT October 2, 1990 WHERF..A~, fha City of Iowa City and lhe Police Labe~ Relations Organization of Iowa City have had · dispute concerning the ~ope~' inteq~'efatiorl of ce~laln provisions of their collective bargaining agreement, specifically Nticie XVII, Section 3; and WHEREAS, the parflas desire to resolve their dispute by mutual agreement and without the necessity of arbitration; IT IS THEREFORE AGREED as follows: The phrase 'due regard for eeoloHty' in .Nliole XWI, Section 3, shall be Intarpreted to have the same meaning as in A~cte XVII, Section 1, that Is, the declalon to make I,'woluntary ~'ansfers shall be based on seniority provided, however, the Chief may make a b'anefar decision based on one m' more of ~ following criteria: a. The ability and experience of the officer(s), b. 'The nature and type of work to be pedofmed on the watch, c. The need for personnel having certain quallflcetlo~s on said watch. ~ nece~altated by departmental needs as determined by the Chief. President, Police ~ Relations Organ .auon of AUG S 3 1991 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 //~/~7~ f , 1993. City of Iowa City, Iowa Police Labor Relations Organization mgr\asst\court.agt