HomeMy WebLinkAbout2003-10-14 Resolution RESOLUTION NO. 03-300
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Mondo's -- 212 S. Clinton Street
It was moved by Champion and seconded by 0'Donnell that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
}( Vanderhoef
X Wilburn
Passed and approved this 14th day of October ,20 03 ·
ATTEST:
CIT'~CLERK City Attorney's Office
clerk\res\danceprm,doc
Prepared by: Bdan Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO, 03-301
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE WATERWORKS PARK BUTLER HOUSE/AMPHITHEATER TRAILS
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 28m day of
October, 2003, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. That the copy of the plans, specifications, form of contrect, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 14th day of October ,2003,
yor
A ST:
City~glerk
Approved by:
City Attorney's Office
Resolution No. 03-301
Page. 2
It was moved by Champion and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Nctnhor 14 ,2003
The City Council of Iowa City, Iowa, met in spec ia l session, in the
Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7: 00 o'clock P.M., on the
above date. There were present Mayor I ohm~ n , in the chair, and
the following named Council Members:
Champion, Kanner, Lehman. O'DOnnell. Pfab.
Vanderhoef. Wilburn
Absent: None
-1-
Council Member Champion introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF $3,925,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF", 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: £h~mplnn: ~anna~: Iohman: 0'Bnnnoll. Pfah:
Vanderhoef. Wilbur~
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 03-302
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF $3,925,000
GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City,
Iowa, should issue General Obligation Bonds to the amount of $3,925,000, as authorized
by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay
costs of carrying out an essential corporate purpose project as hereinafter described; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such bonds and
of the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections fi:om any resident or
property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa
City, Iowa, at 7:00 o'clock P_._.M., on the 28th day of October ,
2003, for the purpose of taking action on the matter of the issuance of $3,925,000
General Obligation Bonds for an essential corporate purpose of said City, the proceeds of
which bonds will be used to provide funds to pay costs of the construction,
reconstruction, and repairing of improvements to public ways and streets; the
construction, improvement, and repair of bridges; the construction of sanitary sewers and
storm water sewers and systems; the rehabilitation, improvement and equipping of
existing city parks; and the equipping of the fire, police and street departments.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said bonds on a basis favorable to the City and acceptable to the
Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than four clear days nor more than twenty days before the
date of said public meeting on the issuance of said bonds.
Section 4. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-3-
Publish 10/16
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
$3,925,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa,
will hold a public hearing on the 28th day of October, 2003, at 7:00 o'clock P.M., in the
Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council
proposes to take additional action for the issuance of $3,925,000 General Obligation
Bonds for an essential corporate purpose of said City, in order to provide funds to pay
costs of the construction, reconstruction, and repairing of improvements to public ways
and streets; the construction, improvement, and repair of bridges; the construction of
sanitary sewers and storm water sewers and systems; the rehabilitation, improvement and
equipping of existing city parks; and the equipping of the fire, police and street
departments.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City, to the above action. After all objections have
been received and considered, the Council will at this meeting or at any adjournment
thereof, take additional action for the issuance of said bonds or will abandon the proposal
to issue said bonds.
This notice is given by order of the Council of Iowa City, Iowa, as provided by
Section 384.25 of the City Code of Iowa.
Dated this 16th day of October, 2003.
s/Marian K. Kart
City Clerk of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 14th day of October
2003.
Mayor
ATTEST:
City Clerk
-5-
Council Member Champi on introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $360,000 OF GENERAL OBLIGATION
BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and
moved that the same be adopted. Council Member 0'aonnel 1 seconded
the motion to adopt. The roll was called and the vote was,
AYES: Champion, Kanner, Lehman~ O'Donnell, Pfab,
Vanderhoef. Wilburn
NAYS: Nnne
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 03-303
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $360,000 OF GENERAL OBLIGATION BONDS
(FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general
corporate purpose project as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $360,000 as
authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, said City has a population of more than 5,000, but not more than
75,000, and the amount of said proposed bond issue is not more than $700,000.00; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-6-
Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa
City, Iowa, at 7:00 o'clock ~__.M., on the 28~;h day of October
2003, for the purpose of taking action on the matter of the issuance of not to exceed
$360,000 of General Obligation Bonds, the proceeds of which bonds will be used to
provide funds to pay costs of targeted area housing rehabilitation improvements;
improvements to Fire Station No. 4; and the acquisition of art for public buildings and
areas and shall bear interest at a rate not exceeding the maximum specified in the
attached notice.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said bonds on a basis favorable to the City and acceptable to the
Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 4. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-7-
Cz)
Publish 10/16
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $360,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will
hold a public heating on the 28th day of October, 2003, at 7:00 p.m. o'clock P.M., in the
Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council
proposes to take action for the issuance of not to exceed $360,000 of General Obligation
Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to
be issued for the purpose of providing funds to pay costs of targeted area housing
rehabilitation improvements; improvements to Fire Station No. 4; and the acquisition of
art for public buildings and areas.
This Notice is given by order of the Council of the City of Iowa City, Iowa, as
provided by Section 384.26 of the City Code of Iowa.
At any time before the date of said meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of Section 384.26 of the City Code of Iowa.
Dated at Iowa City, Iowa, this 16th day of October, 2003.
s/Marian K. Karr
City Clerk of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 14th day of October
2003.
Mayor
ATTEST:
City ~lerk
-9-
Council Member Champion introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $585,000 OF GENERAL OBLIGATION
BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", 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: Champion, Kanner, Lehman. O'Donnell. Pfab.
Vanderhoef. Wilburn
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 03-304
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $585,000 OF GENERAL OBLIGATION BONDS
(FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general
corporate purpose project as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $585,000 as
authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, said City has a population of more than 5,000, but not more than
75,000, and the amount of said proposed bond issue is not more than $700,000.00; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-10-
Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center,
IowaCity, Iowa, at 7:00 . o'clock p__.M., on the 28th dayof October ,
2003, for the purpose of taking action on the matter of the issuance of not to exceed
$585,000 of General Obligation Bonds, the proceeds of which bonds will be used to
provide funds to pay costs of equipping and remodeling of city buildings, offices and
recreation centers and shall bear interest at a rate not exceeding the maximum specified
in the attached notice.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said bonds on a basis favorable to the City and acceptable to the
Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made ora notice of said meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 4. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-11-
Publish 10/16
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $585,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will
hold a public hearing on the 28th day of October, 2003, at 7:00 o'clock P.M., in the Emma
J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to
take action for the issuance of not to exceed $585,000 of General Obligation Bonds,
bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be
issued for the purpose of providing funds to pay costs of equipping and remodeling of
city buildings, offices and recreation centers.
This Notice is given by order of the Council of the City of Iowa City, Iowa, as
provided by Section 384.26 of the City Code of Iowa.
At any time before the date of said meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of Section 384.26 of the City Code of Iowa.
Dated at Iowa City, Iowa, this 16th day of October, 2003.
s/Marian K. Kart
City Clerk of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 14th day of October
2003.
ATTEST:
City'Clerk
-13-
Council Member Champi on introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION
BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", 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: Champion~ Kanner~ Lehman~ O'Donnell~ Pfab~
Vanderhoef, Wilburn
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 03-305
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS
(FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general
corporate purpose project as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $700,000 as
authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, said City has a population of more than 5,000, but not more than
75,000, and the amount of said proposed bond issue is not more than $700,000.00; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
-14-
Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa
City, Iowa, at 7:00 o'clock__P.M., on the 28th day of October ,
2003, for the purpose of taking action on the matter of the issuance of not to exceed
$700,000 of General Obligation Bonds, the proceeds of which bonds will be used to
provide funds to pay costs of the acquisition and construction of a transit intermodal
facility and shall bear interest at a rate not exceeding the maximum specified in the
attached notice.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the sale of said bonds on a basis favorable to the City and acceptable to the
Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than ten clear days before the date of said public meeting
on the issuance of said bonds.
Section 4. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-15-
Publish 10/16
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will
hold a public hearing on the 28th day of October, 2003, at 7:00 o'clock P.M., in the Emma
J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to
take action for the issuance of not to exceed $700,000 of General Obligation Bonds,
beating interest at the rate of not to exceed 9 per cenmm per annum, said bonds to be
issued for the purpose of providing funds to pay costs of the acquisition and construction
of a transit intermodal facility.
This Notice is given by order of the Council of the City of Iowa City, Iowa, as
provided by Section 384.26 of the City Code of Iowa.
At any time before the date of said meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of Section 384.26 of the City Code of Iowa.
Dated at Iowa City, Iowa, this 16th day of October, 2003.
s/Marian K. Karr
City Clerk of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 14th dayof October
2003.
Mayor
ATTEST:
City Clerk
MMCGINLEYX385534\1 \10714.080
-17-
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-306
RESOLUTION OF INTENT TO CONVEY A TWENTY FOOT WIDE BY SEVENTY-
SEVEN FOOT LONG VACATED PORTION OF THE ALLEY BETWEEN AND
ADJACENT TO LOTS 2 AND 7, BLOCK 9, COUNTY SEAT ADDITION, WHICH
IS LOCATED BETWEEN SOUTH DUBUQUE AND LINN STREETS, TO
UNIVERSITY VIEW PARTNERS, LARJ PROPERTIES AND JALIL &
MAHROOYEH MOSTAFAVl, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR NOVEMBER 25, 2003
WHEREAS, On November 25, 2003, the City Council will consider final passage of an ordinance
vacating the above-referenced alley, legally described as follows;
The south 77.00 feet of the platted alley bebNeen and adjacent to Lots 2 and 7, Block 9,
County Seat Addition, Iowa City, Iowa, containing 0.04 acre and subject to easements and
restrictions of record
and
WHEREAS, adjacent owners University View Partners, LARJ Properties and Jalil and Mahreoyeh
Mostafavi have offered to purchase said alley; and
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area, but does need to retain a utility easement over said property; and
WHEREAS, the disposition of the subject property, subject to a utility easement, is in the public
interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in the above-
referenced alley to the adjacent owners University View Partners, LARJ Properties and
and Jalil and Mahrooyeh Mostafavi.
2. A public hearing on said proposal should be and is hereby set for November 25, 2003, at
7:00 p.m. in Emma Harvat Hall of the Civic Center, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
day of October ,2003.
A'I-I'EST: ~)~/~.-) ~.
MAYOR 'CITY CLERK
City Attorney's Office
Mtb\B\512 S.Dubuque alley.doc
Resolution No. 03-306
Page 2
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 Vanderhoef
X Wilbum
NOTICE OF MEET1NG OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $585,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION~3xONDS (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ~, ISSUANCE OF SAID BONDS
Public Notice is hereb3.,given that the Council of the C/i~ of Iowa City, Iowa, will
hold a public hearing on the day of ./ , 2003, at
o'clock .M., in the Emma J. Harvat Hall, Ci, yi'c Center, Iowa City, Iowa, at
which meeting the Council proposes to take action rjr/the issuance of not to exceed
$585,000 of General Obligation Bonds, bearing i~I4rest at the rate of not to exceed 9 per
centum per annum, said bonds to be issued for)14e purpose ofprovid'lng funds to pay
costs of equipping and remodeling of city b~l'dings, offices and recreation centers.
This Notice is given by order of/th/4'~Eouncil of the City of Iowa City, Iowa, as
provided by Section 384.26 of the Ci~,ty'Cod6,,of Iowa.
At any time before the date of said meet~g, a petition, asking that the question of
issuing such bonds be submitted to the legal votes of said City, may be filed with the
Clerk of said City in the manner provided by Secfixon 362.4 of the City Code of Iowa,
pursuant to the provisions of Section 384.26 ofthe~ity Code of Iowa.
Dated at Iowa City, Iowa, this day ~f
2003.
City Clerk of Iowa City, Iowa
(End of Notice)
-12-
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will
hold a public hearing on the day of _, 2003, at
o'clock M., in the Emma J. Harvat Hall, Civic Center, Iowa Ci/ty, Iowa, at
which meeting the h r~ ,poses to take action for the issuance o~f/~l.o(to exceed
$700,000 of General k n Bonds, bearing interest at the rate.,ot'not to exceed 9 per
centum per annum, s~ ts to be issued for the purpose ofj~,ffviding funds to pay
costs of the acquisitic onstruction of a transit inte~al facility.
This Notice is I of the Counci.~ff the City of Iowa City, Iowa, as
provided by Section .ity Cod~/qfA'owa.
At any time before the a petition, asking that the question of
issuing such bonds be submitted voters of said City, may be filed with the
Clerk of said City in the manner: by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of S~ction 384. of the City Code of Iowa.
Dated at Iowa citY, Iowa, this __ of
2003.
City of Iowa City, Iowa
(End of Notice)
-16-
City of Iowa City
MEMORANDUM
Date: October 7, 2003
To: City Council
From: Mitchel T. Behr, Assistant City Attorney ~
Re: Alley between 512 S Dubuque Street, 517 S Linn Street and 219 Harrison Street
Owners of all the properties adjacent to this 77-foot long portion of the 20-foot wide alley
under consideration for vacation have offered to purchase the half adjacent to their
property. University View Partners has offered to pay $5,217.50 for the 770 square foot
piece adjacent to their property at 512 S Dubuque Street ($7.00 per square foot for the
southern 54 feet plus $6.25 per square foot for the northern 23 feet). LARJ Properties has
offered to pay $3,402 for the 540 square foot piece adjacent to their property at 317 S
Linn Street ($6.30 per square foot). Jalil and Mahrooyeh Mostafavi have offered to pay
$1,437.50 for the 230 square foot piece adjacent to their property at 219 Harrison Street
($6.25 per square foot). Based on the assessed values and zoning designations of the
adjacent properties, as well as the difficult topography of the alley property, Staff feels
these offers constitute adequate consideration. The property to the west is assessed at
approximately $6.25 per square foot and is currently zoned CB2, but University View
Partners has applied to rezone it to PRM. The property to the east is currently zoned
PRM and is assessed at approximately $12 per square foot.
Copies of the written offers, as well as a diagram depicting the alley to be conveyed, are
attached to this memorandum. You will note that in addition to their offers to purchase the
half of the alley adjacent to their properties, University View Properties and LARJ also had
offered to purchase the entire 20-foot width of the alley adjacent to the properties. In
accordance with the City's policy of providing the owners on each side of vacated right-of-
way with the opportunity to purchase the half adjacent to their property, and because the
offers for each half are in the same amount, Staff recommends that the west half of that
portion of the alley go to University View Partners and the east half to LARJ Properties,
as referenced above.
cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Eleanor Dilkes, City Attorney
Sarah Holecek, First Assistant City Attorney
Rick Fosse, Director of Public Works
Karin Franklin, Director of Planning and Community Development
Bob Miklo, Senior Planner, Dept. of Planning and Community Development
FILED
NO3 SEP 25 P~ 12:03
m ~ CITY CLERK I
IOWA Off'~,, IOWA
GRAPHD SCA[~ IN ~
¢=5o' A~EY VACATION EXHIBIT
A PORTION OP BLOCK 9, COUNTY SEAT ADDITION
IOWA CI~, IO~A
HARRISON STREET
~5o.~o'(u) ~5o'(~),
PROPRIETGR: CI~ OF IOWA C~ I PRENTISS STREET
SEAT CD'ION, IOWA CIE. I0~A MAS I MAS I GDM
HOLLAND & ANDERSON LLP ~ ~?, r- ~ ;,;, ~ r '~
~:~, ..~ , ~ c. Joseph Holland
' jholland~icialaw.com
123 N. Linn St., Suite 300 ti')i
P.O. Box 2820 - 7'~ ~, ~ ~_~r~,5
~ Lars G. Anderson
,~ ~ landerson~icialaw.com
Iowa City, IA 52244-2820 .... ~,~'-" ...... .~," ,,~,. ~.~.~.~
Phone: (319) 354-0331 ~!~ ~ [.~ ~(:[~;'~.~t ~ LeAnn Heun
Fax: (319) 354-0559 lheun~icialaw.com
September 25, 2003
Mitchel T. Behr
Assistant City Attomey
410 East Washington Street
Iowa City, IA 52240-1826
RE: 512 S. Dubuque Street
Vacated Alley
Dear Mitch:
On behalf of University View Partners I am enclosing an Offer to Purchase a portion of the
alley immediately abutting the east line of 512 S. Dubuque Street. As you may recall, the original
application was to vacate the entire 90 feet of the alley. That has not proven workable and at the
meeting of the Planning and Zoning Commission on the 18th, we reduced the requested vacation to
80 feet. The Planning and Zoning Commission unanimously approved a recommendation to vacate
that portion of the alley.
Since that meeting we have further refined the probable use of the property. To maintain
adequate clearance and entry at the rear of 512 S. Dubuque Street, we now desire to have only the
south 77 feet of the alley abutting 512 S. Dubuque Street vacated. That will leave the alley open to
Harrison Street for its north 83 feet.
I am enclosing an Offer in the amount of $9,625.00 for the entire 77 feet. This is based upon
a gross area of 1,540 sq. ft. The price offered is $6.25 per square foot, which is the same value as
the per sq. ft. assessed value of the land at 512 S. Dubuque Street. Obviously, that does not include
the buildings at 512.
We have elected not to discount this value. The Clark family is appreciate of the cooperative
spirit of the City and its staff. Rather than try to guess at an appropriate discount, we have simply
elected to use the per square foot assessed value of the abutting property. This may also help
expedite the proceedings.
We recognize there are a couple of matters which need to be addressed.
First, we realize that all or a portion of the property will be subject to a sanitary sewer
easement. There is already a sewer line in place and we recognize that the easement will need to be
retained. I was uncertain about the nature or extent of that easement, so I did not include that in the
purchase agreement. I assume that your office, in consultation with City Engineering, will advise
us of what easement you desire to retain.
I also understand that you will offer the portion of the alley to be vacated to the abutting
property owners to the east. The southerly 54 feet abuts property titled in LARJ Properties. The
Auditor lists their address as care of Kevin Kidwell, 2162 Sugar Bottom Road NE, Solon, Iowa
52333. The northerly 23 feet of the that 77 feet abuts property which the Auditor's records show as
owned by Jalil and Mahrooyeh Mostafavi, 3154 Galway Court, Iowa City, Iowa 52246.
We would like to see this proceed to Council as soon as possible. My client is filing an
Application to address these sensitive area issues related to the alley. We obviously need to have
title to that property prior to finalizing those arrangements. I would hope that you give the other
abutting property owners a reasonable, but brief time to act should they have an interest in acquiring
the easterly half of the alley.
If there is anything else I need to supply to you, or ifI can provide further information please
let me know.
CJH:ses
cc: Jim Clark
00T-03-2003 FEI 03:10 PH HHP FAX NO, 319 354 0559 P, O1
C, $os~pb Holland
I IO]LI,A NI') & A Ni)ERSON LLP jbol]a,~di~|cial~v.com
P.O. I~OX ~20 laffderson~icialaw.~m
Ionia City, lA 52244-2820
plaint: (~l'~) 3.S4-0331 0~ ~ 0 3 2~ ~ LeAnn llc~
Fnx: (319) 3S t-05~9 ~un~icinlaw. com
Ooto~er 3, :2003
~%t~h Behr, Assistant City Attorney Iowa City
F,~,Y~ NO, ~. 356-5008
Jo~ Hollan~
N~nbor of page~ plus this cover sheet: three
Mk~;ch~ hemc ~ tho Clark offer on the to be vacated alley, Please
double chuck the way I h~vo described the property. I can
p~ovidc a sig~ud o~fer os ~oon as you need one, along with
'2[1c~ OLfer i.s f:roni university View Partners, which is a Clark
Fah~il~ partnership. I thought I would clarify that since Jim has
been ~lle visible party on thi~ project.
Ob~JNICATION INTENDED oNLY TH~ INDMDUAL O~ ENTZT~
~D~SSED ~ CO~NS ~O~TION T~T IS PRaiSeD,
~ ~T ~OM DISC~S~ ~R ~PLIC~LE ~W. If
th~ in~ended recipient or re~onsible for ~livering
the inten~d re.pleat, you axe her~ no~ifi~
(lissemin~on, ~s~ution, or oop~ing of ~is co~u~ioation
I~ you hav~ received ~is oo~unioa~on in error,
~ i~ediately bY ~lephone (=olleot) , and return
message to u~ at ~ ~ov~ ~re~ via the U,S. postal
will reimburse ~ou for all reason~le oost~ of return.
0CT-03-2003 FRI 03:10 PH HI~P F~ NO. 310 354 055~ P. 02
OFFER TO BUY R~L E~ATE AND ACCE~ANCE
(NONRESIDEN~AL)
1 puac I ~,~ F, PRICE. ~'t~ F', i~'d~,t C,~ 76c..~ )lmll be l.~ 17JO .... ~ ~ ~ ol paying.., ahnil be a~ Iollows: $,100,O0.
00T-03-2003 FRI 03:11 PR HHP FAX NO. 319 354 0559 P, 03
00T-03-2003 ~RI 03:]2 P~ H~P ?~ NO. 319 354 0~59 P, 04
September 27, 2003
City oflowa City
410 East Washington St.
Iowa City, Iowa
52240-1826
Attention: ~tch Be~, Assist~t City Attorney
Re: Mley Adjacent to 512 S. Dubuque St., 517 S. Lm St. & 219 H~son Street
Dear ~. Behr:
Tha~ you for your phone c~s ~d letter of September 26~. L~ Prope~ies LLP does
ind~d Msh to purchase ~y potion of the alley we c~ buy at tbs time. ~ mentioned
to you on the telephone, at the ve~ ~mum we w~t the 540 square feet (10' wide by
54' long) adjacent to our prope~y at 517 S. Li~ St.
However, we ~e ~hng two (2) offers with tbs letter as follows:
~1. For the 540 sq. fi. as prehously mentionS, we offer $6.30 per ~. fi. for a tot~ of
$3402 for tbs property.
g2. For a pomion of the ~ey 20' Mde by 54' tong or 1080 sq. fl. tot~, we offer $7 per
sq. fi. or a tot~ of $7560 for tbs prope~.
We look fo~d to being from you regarding tbs purch~e. Do not hesitate to contact
us if you have any questions.
Sincerely,
~ch~d~ontros~ P~er
Tel~ho~ 351 - 0430/
E~ ~omross2~mEhskcom
F~351 -7111
Cc Ke~n ~dwell
I~IeARDON, SUEPPEL ~ DOWNER P.L.C.
WILLIAH I. HEARDON LAV~/YERS
.dAMES D MCCARRAGHER IOWA CIT~. IOWA 52240 - I 830
OAVIDd. BRIGHT OCT 0
October 2, 2003
HAND DELIVERED
Mitchel T. Behr
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240-1826
Re: Public Alley Adjacent to 219 Harrison Street
Dear Mitch:
I am writing you in response to your September 26, 2003 letter to my clients, Jalil and
Mahrooyeh Mostafavi. The Mostafavis do wish to purchase the 230 square foot portion
of the alley adjacent to their property at 219 Harrison Street as described in your letter.
The Mostafavis will offer $1,437.50 ($6.25 per square foot) for the adjacent alley.
Please let me know what, if any, additional documentation or information you may
need from me or the Mostafavis, Mitch. Thanks for your attention to this matter.
DDR/tw
cc: Jalil and Mahrooyeh Mostafavi
Lisa Mollenhauer
From: Mitch Behr
Sent: Wednesday, October 08, 2003 11:47 AM
To: Lisa Mollenhauer
Subject: FW: alley abutting 512 South Dubuque St.
..... Original Message .....
From: Joe Holland [mailto:jholland@icialaw.com]
Sent: Friday, October 03, 2003 4:05 PM
To: mitch-beh r@iowa-city.org.
Subject: alley abutting 512 South Dubuque St.
Mitch, as we discussed, University View Partners (Clarks) are very
interested in expediting the vacation and conveyance of the 77 feet of alley
behind Lot 7, Block 9, County Seat Addition (512 S. Dubuque St.). If the
process proceeds through a full three readings of the vacation ordinance and
is then followed by the disposition proceedings, that could take into
December.
Based upon the weather we have been having, we could have frost in the
ground early this year. My client needs to complete the acquisition process
so that excavation on the primary tract and work in the alley area can
commence before the weather makes that problematic.
We would greatly appreciate whatever can be done be done to expedite the
process. Specifically we ask that the Council consolidate the three
readings of the vacation ordinance into the same meeting if possible. This
is not a controversial item, as evidenced by the unanimous favorable vote
from Planning and Zoning - which waived that Commission's practice of
holding two public proceedings on matters and passing this on to Council
after a single meeting.
If there is anything else that can be done to expedite the process please
let me know and consider us to have requested such.
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
$3,925,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Io..wa City, Iowa,
will hold a public hearing on the day of ,/; 2003, at
. o'clock __.M., in the Emma J. Harvat Hail, Civic Center, I~a City, Iowa, at
which meeting fl~e Council proposes to take additional action for/Ode issuance of
$3,925,000 Gene/~l Obligation Bonds for an essential corporat/e/pt~rpose of said City, in
order to provide furies to pay costs of the construction, reco.~truction, and repairing of
improvements to pubt4,~ ways and streets; the constmctio~improvement, and repair of
bridges; the constructioh,~of sanitary sewers and storm~.ater sewers a_n_d systems; the
rehabilitation, improvemex[t and equipping of existi/o~ city parks, and the equipping of the
fire, police and street departments. /~
At the above meeting th&,Council shall receive oral or written objections from any
resident or property owner of saidxCity, tg~the above action. After all objections have
been received and considered, the C~un~il will at this meeting or at any adjournment
thereof, take additional action for the.:'t~{~uance of said bonds or will abandon the proposal
to issue said bonds. '~
This notice is given by order oftheX'~uncil of Iowa City, Iowa, as provided by
Section 384.25 of the Ci~ty.Code of Iowa. ~
Dated this ./' day of ~ ,2003.
//// (End of Notice) ,City Cler~owa City, Iowa
-4-
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
000 PRINCIPAL AMOUNT OF GENERAL
IONDS (FOR A GENERAL CORPORATE PURPI
AND ISSUANCE OF SAID BONDS
Public Notice is Council of the City of I( /, Iowa, will
hold a public hearing on the __ day of ,2003, at
o'clock __.M., in City, Iowa, at
which meeting the Council proposes of not to exceed
$360,000 of General Obligation Bonds. interest at rate of not to exceed 9 per
centum per annum, said bonds to g funds to pay
costs of targeted area housing rehabilitation improvements to Fire Station
No. 4; and the acquisition of art for public
This Notice is given by order of the ' of Iowa City, Iowa, as
provided by Section 384.26 of the City Code
At any time before the date asking that the question of
issuing such bonds be submitted to City, may be filed with the
Clerk of said City in the manner prO4qded by of the City Code of Iowa,
pursuant to the provisions of Section 384.26 of the City ~ of Iowa.
Dated at Iowa City, 3°/Wa, this day of
2003.
City Clerk of Iowa City, Iowa
End of Notice)
-8-
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 03-307
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 407 TERRACE ROAD, IOWA CITY, IOWA.
WHEREAS, on August 29, 2001, the owners of 407 Terrace Road executed two Mortgages for
a total amount of $35,091; and
WHEREAS, the loans were 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 407
Terrace Road, Iowa City, Iowa from two Mortgages recorded September 5, 2001, Book 3128,
Page 637 through Page 643 and Book 3128, Page 644 through Page 648 of the Johnson
County Recorder's Office.
Passed and approved this 14th dayof October ,20 03 .
Approved by
CI~LERK City Attorney's Office
It was moved by Champinn and seconded by. 0'donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 407 Terrace Road, Iowa City, Iowa,
and legally described as follows:
Lot 103 in Court Hill, an addition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Plat Book 4 Page 324, Plat Records of Johnson County, Iowa.
from an obligation of the owners, Kenneth J. Lamb and Cathy J. Lamb, to the City of Iowa City
in the total amount of $35,091 represented by two Mortgages recorded September 5, 2001,
Book 3128, Page 637 through Page 643 and Book 3128, Page 644 through Page 648 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 prior recorded document.
Approved by
CITY'CLERK City Attorney's Office
STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this ['~- day of ~)cTo~,_¢~2. , A.D. 20 oR , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, 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 sealedon behalf of the corporation by authority of its City Council, as
contained in Resolution No. ~,~3~'~, adopted by the City Council on the ,fZ~. day
0~__~/~.20 o~ and that the said Ernest W. Lehman and Marian K. Karr 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.
I,~-~1 SONDRAEFORT I
[~'~l~-~Commission Number 159791
Notary Public in and for Johnson County, Iowa
ppdrehab/407 ~rrace.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, hA 52240 (319)356~5246
RESOLUTION NO. 03-308
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 1426 PLUM STREET, IOWA CITY, IOWA,
WHEREAS, on October 14, 1999, the property owner of 1426 Plum Street executed two
Mortgages for a total of $12,082.05; and
WHEREAS, the loans have been 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 1426
Plum Street, Iowa City, Iowa from two Mortgages recorded November 27, 2000, Book 3020,
Page 384 through Page 390 and Book 3020, Page 391 through Page 395, of the Johnson
County Recorder's Office.
Passed and approved this lZtth dayof October ,2q fl3 ·
Approved by
CIT't~"'CLERK City Attorney's Office
It was moved by Champion and seconded by 0'Donne'll 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
ppdrehabfies/1426 plum.dcc
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 1426 Plum Street, Iowa City, Iowa,
and legally described as follows:
Lot ninety-four (94) in part three (3) Plum Grove Acres, subdivision, Iowa City, Iowa,
according to the plat thereof recorded in Plat Book 4, page 313.
from an obligation of the owner, Patricia Jean McNamer, to the City of Iowa City in the total
amount of $12,092.05 represented by two Mortgages recorded November 27, 2000, Book
3020, Page 384 through Page 390 and Book 3020, Page 391 through Page 395, 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 prior recorded document.
MAYOR
ATTEST: ~ ~, /~j~) /0- ~' O~
CITY'b%ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /'z~ day of ~C'r~,¢__~_ , A.D. 20 03, , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, 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. o&-3, O~', adopted by the City Council on the /,4- day
0¢ro0/;~20 O~ and that the said Ernest W. Lehman and Marian K. Karr 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.
o4- I SONDRAE FORT
I Commission Number 159791 ~ ~.~ ~
I~ mm, "l My Commission Expires I
I 'I'~1 J2, ,- '7 - 0.~ I Notary Public in and for Johnson County, Iowa
ppdrehab\1426 plum do=
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-309
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA
FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of three Mortgages in the total
amount of $11,584, executed by the owner of the property on January 3, 2003, and recorded on
January 10, 2003, in Book 3456, Page 221 through Page 225, and in Book 3457, Page 209
through Page 215, and in Book 3457, Page 216 through Page 220 in the Johnson County
Recorder's Office covering the following described real estate:
Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in
Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and
restrictions of record
WHEREAS, University of Iowa Community Credit Union is refinancing the home mortgage in
the amount of $100,500 to the owner of 15 Regal Lane and to secure the loan by a mortgage
covering the real estate described above; and
WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of University of
Iowa Community Credit Union secured by the proposed mortgage in order .to induce University of Iowa
Community Credit Union to make such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached
subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with
University of Iowa Community Credit Union; and
WHEREAS, there is sufficient v~lue in the above-described real estate to secure said lien as a second,
third, and fourth 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 University of Iowa Community
Credit Union, Iowa City, Iowa. ..
Passed and approved this ~.4~c'h ' day of 0ctohe~ ,20 03 .
Approved by
CITY'61_ERK City Attorney's Office
Resolution No. 03-309
Page 2
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 Vanderhoef
X Wilbum
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain MortRaqes which at this time is in the
amount of $11,584, and where executed by .Lillian Williams (herein the Owner), dated January
3, 2003, recorded January 10, 2003, in Book 3456., Page 221 through Page 225, and dated
January 3, 2003, recorded January 10, 2003, in Book 3457, Page 209 through Page 215, and
dated January 3, 2003, recorded January 10, 2003, in Book 3457, Page 216 through Page 220,,
Johnson County Recorder's Office, covering the following described real property:
Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in
Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements
and restrictions or record.
WHEREAS, the Financial Institution proposes to loan the sum of $ 10~ ~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
Mort,qaqes 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 Mort,qaqes 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 Mortqaqes 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 3z~l day of OcCober ,20, 03 .
CITY OF IOWA CITY FINANCIAL INSTITUTION
Mayor ~~fler First Vice President
Attest: B Y~%~--'-~e -P~esiden£
City ~'terk
CITY'S ACKNOWLEDGEMENT ,
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this f,~.: day of Oc'r~el~g- ,20 O"'.S , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ~aIF_sr'- ~, LF--HN~,~i and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. 13 ~ - 'Az)"? passed (the Resolution adopted) by the City Council, under Roll Call
No.- -- of the City Council on the /,4- dayof ~e'r~,l~_~: ,20 z)~ ,and
that E~.~5~'I- Q). L~.,4t,~A~ and Madan K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
~ Commission Numbe~ 1597911
I'.~."1 MyCommissi. onExplre~ !
I "G~I '~-w~.~ I Nota-----'~ Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 3rd day of October , A,D. 20 03 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Lane l,l. Lafler and David YanDusseldorp , to me personally known, who
being by me duly sworn, did say that they are the ~.-o~-v~,-,. p.-,..~a,...- and
v~,.,, p.-,..~.~,..,,- , 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
corporation bv authority of its Board of Directors; and that the said
n Lane 1{. L~fler
a d . .. as such officers acknowledged the execution of said instrument
to be~{8~ volL~r~t~'r~ a~a~ deed of sa d corporat on, by ~t and by them voluntarily executed.
Notary Public in and fc~Ce State of Iowa
Prepared by: Kevin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 03-310
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART-
MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR
5309, TO BE USED FOR FY2004 TRANSIT OPERATING AND/OR CAPITAL
ASSISTANCE FUNDING.
WHEREAS, the City of Iowa City operates a municipal transit system; and
WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary
of Transportation to provide grants for mass transportation projects; and
WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract
for financial assistance will impose certain obligations upon the City, including the obligation to
provide the local share of projects costs; and
WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department
of Transportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C.
requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of
1964 and the Department of Transportation's requirements under Title 53 U.S.C.; and
WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent
possible in conjunction with this project, and to establish and administer definitive procedures to
ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete
for contracts when the City procures construction contracts, supplies, equipment contracts,
consultants or other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Manager is authorized to execute and file an application with the U.S.
Department of Transportation, on behalf of the City of Iowa City, to aid in financing the
City's transit operations pursuant to 49 U.S.C. §5307.
2. The City Manager is authorized to execute and file with said application the required
assurances and any other documents required by the U.S. Department of Transportation
to satisfy the requirements of Title VI of the Civil Rights Act of 1964.
3. The City Manager, or the Johnson County Council of Governments (JCCOG)
Transportation Planning Division (Transportation Planner or Assistant Transportation
Planner) acting as the City Manager's representative, are authorized to furnish such
additional information required by the Department of Transportation in connection with
said application.
Resolution No. 03-310
Page 2
4. The City Manager is authorized to develop and execute affirmative disadvantaged
business policies with respect to the project and the project's procurement needs.
5. The City Manager is authorized to execute grant agreements with the U.S. Department of
Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and
capital improvements.
6. The Johnson County Council of Governments (JCCOG) - Transportation Planning
Division - Assistant Transportation Planner [Kevin L. Doyle] is authorized to: (a) submit
and review Federal Transit Administration grant applications, quarterly reports, and any
other required information; (b) electronically submit the FTA Annual Certification and
Assurances required from grantees electronically on behalf of the City of Iowa City and
Iowa City Transit with the Federal Transit Administration. An original copy of the FTA
Annual Certifications and Assurances will be kept by the City of Iowa City.
7. Upon approval of the grant application by FTA, the grant agreement may be executed
electronically by JCCOG Assistant Transportation Planner (Kevin L. Doyle) on behalf of
the City Manager, City of Iowa City.
Passed and approved this lZ~-h day of October ,20 03.
MAYOR
Approved by
CITY"CLERK City Attorney's Office
It was moved by £hamp'inn 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 . Wilburn
jccogtp't~o2ffa'~owares.doc
Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5'110
RESOLUTION NO. 03-311
RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE
OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE PROJECT.
WHEREAS, the Parks and Recreation Director has recommended that the work for the
construction of the Oakland Cemetery Deeded Body Memorial Site Project, as included in a
contract between the City of Iowa City and Ali American Concrete of West Liberty, Iowa, dated
May 20, 2003, be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 14th day of October ,20 03.
MAYOR
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 Wilbum
Prepared by: Brian Boelk, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 03-312
RESOLUTION ACCEPTING THE WORK FOR THE WATERWORKS PARK
TRAILHEAD PARKING PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of
the Waterworks Park Trailhead Parking Project, as included in a contract between the City
of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated May 20th, 2003,
be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, iOWA, THAT said improvements are hereby accepted by the City of Iowa
City, Iowa.
Passed and approved this ].4th day of tob_.~C,~_~.e..c~, 2003.
City i~lerk
Approved by:
City Attorney's Office
Resolution No. 03-312
Page 2
It was moved by £h~mp~nn and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 03-313
RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD
EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD
EXTENSION PHASE IV PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Scott Boulevard Extension - ACT to Rochester Avenue, F/K/A Scott Boulevard Extension Phase
IV Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc.
of Reinbeck, Iowa, dated February 5, 2002, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $2,341,886.11.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 14th day of October ,20 03
MAYOR
Approved by
CITY"C~ERK City Attorney's Office
It was moved by Champ'ion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
Z Lehman
X O'Donnell
X Pfab
X Vanderhoef
× Wilburn
pweng/res/scot t blvd-ACTpha seIV.doc
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. n3-.31~
RESOLUTION RESCINDING THE 1999 COMMERCIAL DRIVER'S LICENSE SUBSTANCE
ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A
NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM
WHEREAS, federal law mandates alcohol and controlled substance testing programs for
commercial drivers be developed; and
WHEREAS, Resolution No. 99-380, adopted by the City Council on November 9, 1999,
established the existing Commemial Driver's License Substance Abuse Prevention Program for
Drugs and Alcohol; and
WHEREAS, the Program has been updated to reflect changes at the federal level and to make it
more understandable for covered employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The existing Commercial Driver's License Substance Abuse Prevention Program for
Drugs and Alcohol established by Resolution No. 99-380 is hereby rescinded.
2. The Commercial Driver's License Substance Abuse Prevention Program for Drugs and
Alcohol attached to this resolution and by this reference made a part hereof is hereby
established and adopted.
Passed and approved this 14th dayof 0ctnh~t- ,20 03
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
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE
PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
9/03
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
TABLE OF CONTENTS
SECTIONS
1 Introduction/Purpose ...................................................................................................... 1
2 Applicability .................................................................................................................. 1
3 Effect of Use, Refusal or Failure ..................................................................................... 1
4 Safety-Sensitive Functions ............................................................................................... 2
5 Prohibited Conduct ..................................................................................................... 2-3
6 Types of Drug Testing .................................................................................................. 4-8
7 Drug Testing Procedures ........................................................................................... 8-10
8 Alcohol Testing Procedures ..................................................................................... 10-13
9 Information and Education ........................................................................................... 13
10 Employee Referral, Evaluation and Treatment .......................................................... 13-15
11 Consequences of a Drug or Alcohol Positive Test ......................................................... 15
12 Recordkeeping and Access to Facilities and Records .................................................... 16
APPENDICES
A City of Iowa City Substance Abuse Policy
B Safety Sensitive Positions Subject to Drug and Alcohol Testing Under 49 CFR Part 382
(FMCSA) and Part 655 (FTA)
C Contact Names
D Substance Abuse Professionals
E Support Groups and Resources
F Breath Alcohol Testing Form
G Effects of Alcohol and Drug Use
9/03
SECTION 1. INTRODUCTION/PURPOSE
This document describes the City of Iowa City's Substance Abuse Prevention Program for personnel
required to hold a Commercial Drivers License. The purpose of the program is to establish proce-
dures for the administration of the Department of Transportation (DOT) substance abuse prevention
program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, 49
CFR, Part 382 and Part 655. These regulations require employers to implement substance abuse
prevention programs if they employ safety-sensitive personnel who operate commercial motor
vehicles and who are required to have commercial drivers' licenses. This program will be
administered in accordance with 49 CFR Part 40, Part 382 and Part 655 and in a manner which
respects the integrity and privacy of employees to the greatest extent possible.
The designated employer representative (DER) for this policy is found in Appendix B.
SECTION 2. APPLICABILITY
The City has employees who drive commercial motor vehicles and who are required to have a
commercial drivers' license. A list of safety-sensitive positions subject to drug and alcohol testing is
attached as Appendix C.
Employees and prospective employees shall be tested in accordance with requirements of 49 CFR
Part 40, Part 382, and Part 655.
For the purposes of this program, commercial motor vehicles include:
a. A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed
unit with a gross weight of 10,000 pounds; or
b. A motor vehicle designed to transport 16 or more passengers, including the driver; or
c. A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR
Part 172, subpart F).
In the event of a conflict between this program and the provisions of 49 CFR, Part 382 or Part 655~
the provisions of the federal regulations will prevail.
SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE
Any person applying for a position with the City who refuses or fails a pre-employment drug test will
not be hired. Any employee covered by this policy who has engaged in prohibited drug and/or
alcohol use will not be allowed to perform safety-sensitive functions. Any employee covered by this
program who refuses or fails an alcohol or drug test will immediately be removed from performing
safety-sensitive functions.
Any employee covered by this program who refuses or fails an alcohol or drug test will receive
disciplinary action, up to and including termination, in accordance with the consequences listed in
Section 11.
9/03
SECTION 4. SAFETY-SENSITIVE FUNCTIONS
Safety-sensitive functions under Federal Motor Carrier Safety Adminstration (FMCSA) Guidelines
include:
a. Waiting to be dispatched, unless the City has relieved the employee from duty;
b. Inspecting, servicing, or conditioning any commercial motor vehicle at any time;
c. Driving time;
d. Time in or on any commercial motor vehicle;
e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle,
or remaining in readiness to operate the commercial motor vehicle;
f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial
motor vehicle;
Under Federal Transit Authority (FTA) Guidelines, safety-sensitive function means any of the follow-
ing duties:
a. Operating a revenue service vehicle, including when not in revenue service;
b. Operating a non-revenue service vehicle, when required to be operated by a holder of a
Commercial Driver's License;
c. Controlling dispatch or movement of a revenue service vehicle;
d. Maintaining a revenue service vehicle or equipment used in revenue service.
SECTION 5. PROHIBITED CONDUCT
5.1 Prohibited Employee Conduct. Employees who engage in the following conduct will be
removed from safety-sensitive functions and will be subject to disciplinary action up to and
including discharge.
a. Alcohol Concentration. Report for duty or remain on duty requiring the performance
of safety-sensitive functions while having an alcohol concentration of .04 rog/liter or
greater.
b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while pos-
sessing alcohol.
c. On-duty Use. Consume alcohol while performing safety-sensitive functions.
d. Pre-duty Use. Consume alcohol in the four hours prior to reporting for duty.
e. Post-accident Use. Consume alcohol in the 8 hours following an accident or until
undergoing a post-accident test.
2 9/03
f. Refuse to Test. Refuse to submit to an alcohol or drug test. Refusal to test is classified
as a positive test and subject to the consequences of a positive test.
Refusal to test includes, but is not limited to, such behavior as:
· Failure to report in a timely manner to a collection site. Once notified an
employee is to immediately go directly to the testing site
· Failure to remain at the testing site until the testing process is complete.
· Refusal to sign any required consent form or otherwise fully cooperate in the
collection of any breath/urine specimen.
· Refusal to remove a coat.
· Failure to cooperate with any part of the testing process (e.g., refusal to empty
pockets when so directed by the collector, behaving in a confrontational way
that disrupts the collection process) or verbal or written refusal to provide a
required urine specimen.
· Carrying a bottle of unauthorized liquid into the collection room.
· Failure to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
· Failure to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the City as part of the
"shy bladder" procedures.
· Failure or decline to take a second test the City or collector has directed you to
take.
· In the case of a directly observed or monitored collection in a drug test, failure to
permit the observation or monitoring of your provision of a specimen.
· Providing false information in connection-with a drug test.
· Diluting, adulterating or substituting a specimen.
· Failure to refrain from consuming alcohol within eight (8) hours following
involvement in an accident without first having submitted to post-accident
drug/alcohol tests.
· Failure to remain at the scene of an accident prior to submission to drug/alcohol
tests without a legitimate explanation.
g. Use drugs. Report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver has used illegal drugs.
h. Test Positive for Drugs. Report for duty, remain on duty, or perform a safety-sensitive
function if tested positive for illegal drugs.
5.2 Prohibited Employer Conduct. The City, if having actual knowledge that an employee is
engaging in any of the conduct listed above, will not allow the employee to drive or perform
any other safety-sensitive function.
The City will not require an employee to sign a consent, release, waiver of liability, or
indemnification agreement with respect to any part of the drug or alcohol testing process
including corrections, laboratory testing, MRO and SAP services.
5.3 Other Prohibited Conduct. An employee whose test results indicate an alcohol concentration
of .02 or greater, but less than .04, will not be allowed to perform safety-sensitive functions
until the start of the employee's next regularly scheduled duty period, but not less than 24
hours following the alcohol test if under FHWA regulations or not less than 8 hours if under
FTA regulations.
3 9/03
SECTION 6. TYPES OF TESTING
Covered employees are subject to six types of drug and alcohol testing under the substance abuse
prevention program. Employees must have a verified negative to pass a drug test.
6.1 Pre-employment Testing. A pre-employment drug test will be conducted as follows:
a. A pre-employment drug test will be conducted when an individual is hired for a
position covered in this program. This requirement applies to both new employees
and current employees who transfer to a safety-sensitive position within the City. All
job offers are contingent upon passing the pre-employment drug test.
b. Drug Specific Requirements:
1. The City will not hire any individual unless the applicant has taken a drug
test with a verified negative test result.
2. The City will notify the applicant of the results of a drug test if the applicant
requests the results within 60 calendar days of being notified of the City's
decision regarding the applicant's employment application.
3. If the Medical Review Officer (MRO) cannot contact the applicant/employee
to advise them of a positive test result, the MRO will notify the DER. The
DER will make reasonable efforts to contact and request each
applicant/employee who submitted a specimen under the City's drug testing
program to contact and discuss the results of the drug testing program with
the MRO. The DER will also immediately notify the MRO that they have
notified the applicant/employee to contact the MRO within 24 hours.
4. Failure of a pre-employment drug test will disqualify an applicant from
employment in a safety sensitive position for a period of at least one year.
6.2 Post-acciden! Testing. Under FMCSA and FTA regulations, when an accident involving a
commercial motor vehicle occurs, the City will require a drug and alcohol test on the
operator who was performing safety-sensitive functions with respect to the vehicle if the
accident involved the loss of human life.
"Accident" under the FMCSA is further defined as an incident where the driver receives a
citation under State or local law for a moving traffic violation arising from the accident if the
accident involved:
(1) bodily injury to any person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident or
(2) one or more motor vehicles incurred disabling damage as the result of the accident,
requiring the motor vehicle to be transported away from the scene by a tow truck or other
motor vehicle.
The FTA further defines an accident as an occurrence in which:
(1) an individual suffers a bodily inju~, and immediately receives medical treatment away
from the scene of the accident, or
4 9/03
(2) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric
bus, van or automobile, one or more vehicles incurs disabling damage as the result of the
occurrence and is transported away from the scene by a tow truck or other vehicle.
Regulations further state that the employer shall test each covered employee operating the
mass transit vehicle at the time of the accident unless the City determines, using the best
information available at the time of the decision, that the covered employee's performance
can be completely discounted as a contributing factor to the accident. The employer shall
also test any other covered employee whose performance could have contributed to the
accident, as determined by the employer using the best information available at the time of
the decision.
All employees subject to this program will be tested as follows:
a. Drug Specific Requirements
1. The employee will be tested as soon as practicable, but no later than 32
hours after the accident. Because certain drugs or drug metabolites do not re-
main in the body for extended periods of time, testing will be conducted as
soon as possible. If the drug test is not administered within 32 hours after the
accident, the City will cease attempts to administer the drug test and will
prepare and maintain records stating why the City did not administer the
tests promptly.
2. All reasonable steps will be taken to obtain a urine sample from the employ-
ee after an accident. In case of a conscious but hospitalized employee, the
City will request the hospital or medical facility to obtain a urine sample and
if necessary, reference will be made to the DOT drug testing requirements. If
an employee is unconscious or otherwise unable to evidence consent to the
procedure, the medical facility shall collect the sample.
3. If an employee who is subject to post-accident testing is conscious, able to
urinate normally (in the opinion of a medical professional) and refuses to be
tested, that employee will be removed from duty as an employee covered by
this policy.
b. Alcohol Specific Requirements
If the alcohol test is not administered within 2 hours post-accident the City will
prepare and maintain on file a record stating the reasons. If the alcohol test is not
administered within 8 hours post-accident the City will stop attempts to administer the
test and will prepare and maintain a record stating the reason.
c. An employee who is subject to post-accident drug and alcohol testing will remain
readily available for such testing. Any employee who fails to remain available for drug
and alcohol testing, or who otherwise leaves the scene of the accident without
appropriate authorization will be deemed to have refused to submit to testing.
However, the employee is allowed to get necessary emergency medical attention for
injured people, or, if necessary, to leave the scene of an accident for the period
necessary to obtain assistance in responding to the accident.
5 9/03
d. The City will provide employees with necessary information, procedures and instruc-
tions so that employees will be able to comply.
e. The City may use drug and alcohol (breath or blood) test results taken by Federal,
State, or local officials if such test results conform to applicable requirements and the
City obtains the results.
6.3 Random Testing. All employees subject to this program are subject to unannounced drug and
alcohol testing based on random selection. Random testing will be conducted as follows:
a. The City will ensure that random drug and alcohol tests are unannounced and spread
reasonably throughout the calendar year.
b. The City will maintain two selection pools based on the governing regulations: one
pool for FMCSA employees and one pool for FTA employees. The City will conduct a
sufficient number of completed tests to equal an annual rate not less than the
minimum annual percentage rate for random testing.
1. Drug Specific Requirement. For drug testing, the number of employees to be
tested will be equivalent to at least fifty percent (50*/0) of the selection pool
every twelve (12) months.
2. Alcohol Specific Requirement. For alcohol testing, the number of employees
to be tested under FTA regulations will be equivalent to at least ten percent
(10%) of the selection pool of employees every twelve (12) months. For
alcohol testing of employees to be tested under FMCSA regulations, the
number of employees to be tested will be equivalent to at least twenty-five
percent (25%) of the selection pool of employees every twelve (12) months.
The percentage of employees to be tested for alcohol misuse can be adjusted
by the FMCSA or FTA Administrator to an amount between 10'/o and 50% of
all drivers based on violation rates for the industry.
c. All employees will be subject to random testing on each random testing date and will
have an equal chance of being tested each time selections am made. The random
selection procedure will employ a computer-based random number generator. As a
result of the random selection process, an employee may be tested more than once or
not at all during the calendar year.
d. An employee selected for random drug or alcohol testing will immediately proceed
directly to the test site. Fai[ure to proceed directly to the test site will result in
disciplinary action, up to andincluding discharge.
e. The City will administer a random alcohol test to an employee only just before, while,
or just after the employee performs a safety-sensitive function.
f. The City may administer a random drug test to an employee at any time during on-
duty hours.
6.4 Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an
employee covered by this program is using a prohibited drug, or is using alcohol in a
prohibited manner, the City will require the employee to take a drug and/or alcohol test
(whichever is appropriate) as follows:
6 9/03
a. A decision to test must be based on specific contemporaneous, articulable observa-
tions concerning the appearance, behavior, speech or body/breath odors of the
employee.
b. The required observations for reasonable suspicion drug or alcohol testing must be
made by a trained supervisor or a trained City official.
c. The City will make a written record within 24 hours of the observations leading to a
reasonable suspicion test or before the results of the test am released, whichever is
earlier. The supervisor or City official who made the observations must sign this
record.
d. Alcohol Specific Requirements
1. The person who makes the determination that reasonable suspicion exists to
conduct an alcohol test may not conduct the alcohol test.
2. The observations must be made just before, while, or just after the employee
performs safety-sensitive functions.
3. If the test is not administered within 2 hours following the supervisor's obser-
vation and determination that a reasonable suspicion of alcohol violations
exists, the City will prepare and maintain on file a record stating the reasons.
If the alcohol test is not administered within 8 hours the City will stop
attempts to administer the test and will prepare and maintain a record stating
the mason.
4. The City will not permit an employee to perform or continue to perform
safety-sensitive functions if the City has a reasonable suspicion the employee
is using alcohol in a prohibited man~er until:
(a) An alcohol test shows the employee's alcohol concentration as less
than .02; or
{b) 24 hours have elapsed following the determination of reasonable
suspicion.
5. Other than requiring an employee to take an alcohol test, the Commercial
Driver's License regulation (49 CFR Part 382 and 655) does not authorize the
City to take any action against the employee based solely on the driver's
behavior and appearance with respect to alcohol use until the employee
takes, or refuses to take, an alcohol test. However, the City will impose o~her
discipline as appropriate and lawful.
6.5 Return-to-Duty Testing. Any employee who has engaged in prohibited drug or alcohol use
must undergo a drug or alcohol test before returning to duty requiring the performance of
safety-sensitive functions. The drug test must indicate a verified negative result for drug use.
The alcohol test must indicate an alcohol concentration of less than .02 immediately prior to
performing safety-sensitive functions.
7 9/03
6.6 Follow-up Testing. An employee returned to duty in accordance with subsection 6.5 is
subject to follow-up testing:
Following a determination by a substance abuse professional that an employee needs
assistance in resolving drug or alcohol abuse problems, the City will administer
unannounced follow-up drug or alcohol testing as directed by a substance abuse
professional. At least 6 tests are required in the first 12 months following the em-
ployee's return to duty. The substance abuse professional may require the employee
to undergo additional controlled substances and alcohol testing for up to 60 months.
b. The City will conduct follow-up alcohol testing just before, while, or just after the
employee performs safety-sensitive functions.
c. The City may administer a follow-up drug test at any time during on-duty hours.
SECTION 7. DRUG TESTING PROCEDURES
7.1 General Guidelines. The collection site for the drug testing portion of these procedures is
listed in Appendix B.
The following testing procedures will be followed in conducting tests under this program:
a. When an employee/applicant arrives at the site, a staff person shall ensure that the
employee/applicant is positively identified by use of a picture I.D. (driver's license,
City I.D.) or identification by the employer's representative.
b. Drug testing will be performed utilizing urine samples. A split sample method of
collection will be used.
c. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per-
formed.
d. An applicant who is offered a position covered by this policy will be required to
report to the site for a scheduled test and provide a specimen of his/her urine.
e. Upon notification that a drug test is required, an employee will report immediately to
the site, and provide a specimen of his/her urine. The time allowed for employees to
report for drug testing after receiving notice will be travel time.
f. In the event of post-accident drug testing, employees will report to the site as soon as
possible, but no later than 32 hours after an accident has occurred. If the site is closed
the employee will report to the alternate site noted in Appendix C.
g. If the test result of the primary specimen is positive, the MRO will, if requested by the
employee within 72 hours after being notified of the test result, direct a DHHS-
certified laboratory to test the split specimen. The result of the second test will be
provided to the MRO. If the result of the second test fails to confirm the drugs found
in the primary sample, the test will be cancelled. A cancelled test is neither a positive
nor a negative test.
8 9/03
h. Privacy/Test Procedures
The staff person shall ask the employee to remove any outer garments that might
conceal items that could be used to adulterate the employee's urine specimen.
Unless there is a reason to believe that a particular employee may alter or substitute
the specimen, procedures for collecting urine specimens will allow individual
privacy. Whenever possible a collection site representative and the DER will review
and agree in advance of any decision to obtain a specimen under the direct
observation of a same gender collection site person.
The following circumstances are grounds to believe the individual may (have) tamper
with a specimen and justify the use of monitoring procedures or direct observation of
the donation of the urine specimen:
1. The specimen falls outside the normal temperature range.
2. The last urine specimen provided by the employee did not meet the federal
regulations for specific gravity and cmatin concentration.
3. The collection site person observes conduct clearly and unequivocally indi-
cating an attempt to substitute or adulterate the sample.
4. In the case of follow-up testing, the employee has previously been deter-
mined to have used a controlled substance without medical authorization.
If there is reason to believe that the employee has altered or substituted the specimen,
a second specimen will be obtained as soon as possible under the direct observation
of a same gender staff person.
i. Any employee who adulterates a sample will be subject to disciplinary action.
j. The employee will be asked to read and sign a statement on the custody and control
form. If specified by DOT agency or required by staff or the laboratory, the employee
may be required to sign a consent or release form authorizing the collection and
analysis of the specimen and release of the results.
The employee may not be required to waive liability with respect to negligence on
the part of any person participating in the collection, handling or analysis of the
specimen or to indemnify any person for the negligence of others.
k. If the employee refuses to cooperate with the collection process, the collection site
person will inform the DER and will document the non-cooperation on the drug
testing custody and control form.
I. Dilute Negative Tests. If the laboratory notifies the MRO that the results of a test are a
dilute negative, the employee will be required to immediately undergo a non-
observed recollection.
m. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40,
Procedures for Transportation Workplace Drug Testing Program. In the event of a
conflict between this program and the federal regulations, the federal regulations shall
prevail
9 9/03
7.2 Collection Agencies (For Urine Specimens). The collection site for this program is listed in
Appendix B. The site will comply with all methods and procedures of 49 CFR Part 40 and
will provide required reports.
7.3 Medical Review Officer (MRO). The MRO for this policy is listed in Appendix B. The MRO
will comply will all methods and procedures set forth in 49 CFR Part 40 and will maintain
records and provide reports as required.
7.4 Test Results.
Negative: no action
N egative-d il ute: retest
Positive: rule violation
Positive-dilute: rule violation
Test Refusal: rule violation
Insufficient Volume (medical explanation): cancelled test/no action
Insufficient Volume (no medical explanation): test refusal/rule violation
7.5 Testing Laboratory. The testing laboratory for this program is listed in Appendix B. The testing
laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide
annual reports to the City showing compliance. In the event that the designated laboratory is
unable to satisfactorily perform services required under this program, the City will designate
an alternative laboratory.
7.6 Records. Any employee who has undergone a drug test will, upon making a written request,
have access to any records relating to the employee's drug test and any records relating to the
results of any relevant certification, review, or revocation of certification proceedings.
SECTION 8. ALCOHOL TESTING PROCEDURES
8.1 General Requirements. The alcohol-testing portion of these procedures will be administered
by the site listed in Appendix B who will act as an authorized agent for the City and will
provide testing services and certified Breath Alcohol Technicians (BAD. The general require-
ments for alcohol testing under this program are as follows:
a. Alcohol testing will be performed using breath samples.
b. Upon notification that an alcohol test is required, an employee will report for alcohol
testing and provide a breath specimen. The time allowed for employees to report for
alcohol testing after receiving notice will be travel time.
c. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR
Part 40.
8.2 Testing Sites (for alcohol breath tests). The testing site for this program is listed in Appendix
B. The site will comply with all methods and procedures of 49 CFR Part 40 and will provide
required reports. The testing site, acting as the City's agent, will document compliance with
all requirements of 49 CFR Part 40 regarding EBT quality assurance.
10 9/03
8.3 Screening Tests. Alcohol screening tests will be conducted in accordance with the following
procedures:
a. Only evidential breath testing devices (EBTs) will be used.
b. The Breath Alcohol Technician (BAT) and the employee will complete sections one
and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If the
employee refuses to sign this certification, the employee will be considered to have
refused to take the alcohol test.
c. An individually-sealed mouthpiece will be opened in front of the employee and the
BAT and will be attached to the EBT. The BAT wilt tell the employee to blow
forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an
adequate amount of breath has been obtained.
d. If the result of the test is an alcohol concentration of less than .02, the BAT will date
and sign the certification in Step 3 of the Breath Alcohol Testing Form. The employee
will sign the certification and fill in the date in Step 4 of the form. If the employee
does not sign Step 4 of the form, the BAT will note such failure in the "Remarks"
section of the form. The employee's failure to sign Step 4 of the form does not
constitute a refusal to be tested.
e. If a test result printed by the EBT does not match the result displayed on the EBT, the
BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing
Form. Both the employee and the BAT will initial the notation. In such a case, the test
is invalid and the BAT will inform the City and the employee that the test is invalid.
An invalid test is neither a positive nor a negative test.
f. If the test result is an alcohol concentration of less than .02, no further testing is autho-
rized for that particular test session. The Breath Alcohol Technician will transmit the
results to the DER in a confidential manner and the DER will store the test results.
8.4 Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater,
another alcohol test will be completed to confirm the results. The confirmation test will be
administered as follows:
a. Waiting Period
1. The BAT will wait at least 15 minutes, but no longer than 20 minutes, (FTA
30 minutes) after the completion of the initial test before administering the
confirmation test.
2. The BAT will instruct the employee not to eat, drink, put any object or
substance in his or her mouth, and not to belch during the waiting period
before the confirmation test.
3. The BAT will explain to the employee that the reason for the waiting period
and the restrictions on the employee's activities during that time is for the
employee's benefit to prevent any accumulation of mouth alcohol leading to
an artificially high reading.
11 9/03
4. The BAT will also explain to the employee that the test will be conducted at
the end of the waiting period, even if the employee has disregarded the
instruction regarding the limitation of activities during the waiting period.
5. If the BAT becomes aware that the employee has not complied with the
waiting period instruction, the BAT will so note in the "Remarks" section of
the Breath Alcohol Testing Form.
b. A new mouthpiece will be used for the confirmation test and the same procedures
will be used for administering the test as were used in administering the initial test.
c. If the initial and confirmation test results are not the same, the confirmation test result
is considered to be the final result upon which any action in regard to the employee
will be based.
8.5 Problems With Testing. The following is a list of procedures to be followed in the event of
testing problems:
a. Refusals to test and uncompleted tests
1. Refusal by an employee to complete and sign the Breath Alcohol Testing
Form Step 2, to provide an adequate amount of breath, or otherwise to
cooperate with the testing process in a way that prevents the completion of
the test, will be noted by the BAT in the "Remarks" section of the Breath
Alcohol Testing Form. The BAT will end the testing process and will imme-
diately notify the DER.
2. If a screening or confirmation test cannot be completed, or if an event occurs
that would invalidate the test, the BAT will, if practicable, begin a new test
using a new Breath Alcohol Testing Form.
b. Inability of Employee to provide an adequate amount of breath
If an employee claims an inability, because of a medical condition, to provide an
amount of breath sufficient to complete a breath test, the following procedures will be
followed:
1. Breath Alcohol Technician
(a) The BAT will tell the employee to try to provide an adequate amount
of breath. If the employee refuses to make the attempt, the BAT will
immediately inform the DER.
(b) If the employee attempts and fails to provide an adequate amount of
breath, the BAT will so note in the "Remarks" section of the Breath
Alcohol Testing Form and immediately inform the DER.
2. City
(a) The DER will tell the employee to obtain, as soon as practical after the
attempted provision of breath, an evaluation from a licensed physician
12 9/03
concerning the employee's medical ability to provide an adequate
amount of breath.
(b) If the physician determines as a reasonable medical judgment that a
medical condition has prevented the employee from providing an
adequate amount of breath, the employee's failure to provide an
adequate amount of breath will not be considered a refusal to take the
test.
(c) If the physician is unable to determine that a medical condition has
prevented the employee from providing an adequate amount of
breath, the employee's failure to provide an adequate amount of
breath will be considered a refusal to take the test subject to
disciplinary action.
(d) The physician will provide the employer a written statement of the
basis for the physician's conclusion.
8.6 Breath Alcohol Technician (BAT). BATs under this program shall meet all requirements of 49
CFR Part 40. The BAT will transmit all test results to the DER in a confidential manner. If the
results require the City to prevent the employee from performing a safety-sensitive function
the BAT will ensure the results are transmitted immediately. Such transmission may be in
writing, in person, by phone or electronically. If the initial transmission of test results is not in
writing, the BAT will follow the initial transmission by providing the DER with a copy of the
Breath Alcohol Testing Form.
8.7 Employer Responsibilities. The City will designate one or more designated employer
representatives (DER) for the purpose of receiving and handling alcohol testing results in a
confidential manner. All communications by BATs concerning alcohol test results will be to a
DER. The DER and alternates are listed in Appendix B.
SECTION 9. INFORMATION AND EDUCATION
Every employee covered by this program will receive a copy of this policy at the time of hire.
Drug or alcohol counseling and/or rehabilitation is available for permanent employees
through the Employee Assistance Program listed in Appendix E; information about such
assistance is also displayed in the work area. Additional information is available through the
agencies listed in Appendix E.
SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT
10.1 Employees Engaged In Prohibited Drug or Alcohol Use. An employee who has engaged in
prohibited conduct (See section 5) will be:
a. Immediately removed from the performance of safety-sensitive functions.
b. Advised by the City of resources available to the employee in evaluating and resolv-
ing drug or alcohol abuse problems including name, address, and phone number of
substance abuse professionals (SAP), see Appendix D.
13 9/03
c. Evaluated by a SAP to determine what treatment is necessary and follow all
recommendations of the SAP. If the levels of drugs do not decrease in a timely
manner the SAP will report this to the DER and the employee will be subject to
disciplinary action.
d. Subject to return-to-duty drug and alcohol tests. The SAP will notify the City when the
employee is ready to take a return-to-duty test. For drugs, the employee must have a
negative test result before being allowed to perform safety-sensitive functions. For
alcohol, the employee must have a test result of less than .02 before being allowed to
perform safety-sensitive functions. A positive on a return-to-duty test will be
considered a second positive and subject to disciplinary action.
10.2 Employees Completing Treatment. An employee completing treatment will be:
a. Evaluated by a substance abuse professional (SAP) to determine that the employee has
successfully completed the treatment program;
b. Subject to unannounced follow-up drug or alcohol tests under the following guide-
lines:
1. The number and frequency of follow-up tests will be determined by a SAP
and will consist of at a minimum of six tests in the first twelve months;
2. The City will direct the employee to undergo follow-up drug or alcohol tests
as determined by the SAP;
3. The SAP may require testing before the first twelve months, however,
follow-up testing will not exceed 60 months from the date of the employee's
return-to-duty; and
4. The SAP may end testing after the first six tests if they determine that such
tests are no longer necessary.
10.3 Testing, Evaluation and Treatment Costs. The following shall apply to evaluation and treat-
ment services provided under this program:
a. Evaluation and rehabilitation must be performed by a substance abuse professional
(SAP); see Appendix D. The cost of evaluation by the SAP is the responsibility of the
employee. The cost of any required treatment is also the responsibility of the
employee.
b. The cost of drug and alcohol tests will be paid by the City for pre-employment, post-
accident, random and reasonable suspicion tests. If an employee requires return-tm
duty or follow-up testing, such costs shall be paid by the employee.
c. Sick leave accrual or other applicable accruals may be used for work time spent in
required counseling sessions if satisfactory documentation of attendance is provided.
Sick leave may not be used for time away from work for a SAP evaluation or while an
employee is waiting to take a return-to-duty test.
14 9/03
10.4 Scope. The policies governing the referral, evaluation and treatment of individuals do not
apply to applicants who refuse to submit to pre-employment tests or to applicants having a
verified positive pre-employment drug test result.
SECTION 11. CONSEQUENCES OF A DRUG OR ALCOHOL POSITIVE TEST
11.1 Permanent Employees.
a. Drug Test. The first time that a drug test is reported by the MRO as a positive test the
employee will be referred to a Substance Abuse Professional (SAP) for an evaluation
and treatment recommendation. The employee may not return to work until they
have completed the treatment program recommended by the SAP and have
successfully passed a return-to,Jury drug test. During this period of time the employee
will be required to use applicable accruals. If an employee runs out of applicable
accruals before they are released to retum to work they will be placed on an unpaid
leave of absence for a limited time until the employee has successfully completed the
recommended treatment program. In either case, an employee who cannot be at
work and perform assigned duties will receive disciplinary action in the form of a
written warning for inability to perform their assigned duties.
If an employee continues to use a controlled substance while being treated by a
Substance Abuse Professional or fails to comply with the recommended treatment the
employee will be subject to disciplinary action up to and including discharge. It is
expected that the amount of a controlled substance will decrease on subsequent tests
given under the direction of the SAP. Following return to work, the second time an
employee cannot perform their assigned duties because they test positive for illegal
drugs or have an alcohol concentration of .02 or greater the employee will be termi-
nated.
If an employee is tested for drugs as a result of reasonable suspicion, the employee
will be sent home following the test. If the test results are positive, the employee will
be charged with use of applicable accruals for this time and will be subject to the gui-
delines and discipline described above. If the tests results are negative, the employee
will be paid for time spent awaiting the results of the test and no accruals will be
used.
b. Alcohol Test. An employee who tests positive for alcohol by having an alcohol
concentration of .04 or greater will be subject to the same guidelines listed above for
positive drug tests.
An employee who has an alcohol concentration of .02 (or greater) but less than .04
will be sent home and not allowed to return to work until the appropriate time has
passed per the regulations (8 hours for FTA, 24 hours for FMCSA). While at home the
employee will be required to use applicable accruals. Any employee who is unable to
perform their assigned duties will receive disciplinary action in the form of a written
warning the first time. Following return to work, the second time an employee cannot
perform their assigned duties because they have an alcohol concentration of .02 or
greater or they test positive for drugs, the employee will be terminated.
11.2 Temporary/Seasonal Employees. If a temporary/seasonal employee has a reported positive
drug test or a reported alcohol concentration of .02 or greater, their employment will be
terminated immediately.
15 9/03
SECTION 12. RECORDKEEPING AND ACCESS TO FACILITIES AND RECORDS
The City agrees to maintain all records in accordance with 49 CFR Part 40, Part 382, and Part 655.
The City will not release employee information that is contained in drug or alcohol program records
except as required by law or expressly authorized by the employee. An employee is entitled, upon
written request, to obtain copies of any records pertaining to the employee's use of drugs or alcohol,
including any test records. The City will give these records to the employee and will not make access
to the records contingent upon payment for records other than those specifically requested. The City
will release information regarding an employee's records as directed by the specific, written consent
of the employee authorizing the release of the information to an identified person and only in
accordance with the terms of the employee's consent.
The City may provide information to an employee or decision maker when a grievance or other
proceeding has been initiated by or on behalf of the employee which arises from the results of a drug
or alcohol test given by the City, or from the City's determination that the employee engaged in
prohibited conduct. Such proceedings may pertain, but are not limited, to workers compensation,
unemployment compensation or other benefits sought by the employee.
The City will provide records to subsequent employers upon written request from an employee or
former employee and only as expressly authorized by the terms of the employee or former
employee's request.
A copy of 49 CFR Part 40, Part 382, and Part 655 is on file and available for review in the office of
the DER (see Appendix C.). They are also available on the internet:
49 CFR Part 40- http://transit~safety.v~~pe.d~t.g~v/safety/datesting/regu~ati~ns/pdf/49cfr4~.pdf
49 CFR Part 382 - http://www, fmcsa.dot, gov/rulesregs/frncsr/regs/382.htm
49 CFR Part 655 - ht~p://transit~safety.v~~pe.d~t.g~v/safety/datesting/regu~ati~ns/pdf/49cfr655.pdf
16 9/03
APPENDIX A
THE CITY OF
IOWA CITY
Substance Abuse Policy
1.0 POI ICy
The City of Iowa City is dedicated to providing safe, dependable, and economical services to our
citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a
healthy, satisfying working environment which promotes personal opportunities for growth. In
meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to
perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace
environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful
manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to
encourage employees to seek professional assistance any time personal problems, including alcohol
or drug dependency, adversely affect their ability to perform their assigned duties.
The purpose of this policy is to assure worker fitness for duty and to protect our employees and the
public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited drugs. This
policy is also intended to comply with all applicable Federal regulations governing workplace anti-
drug and alcohol programs.
3.0 APPI ICABII ITY
This policy applies to all City employees including volunteers, contract employees and contractors
when they are on City property or when performing any City-related business. This policy applies to
off-site lunch periods or breaks when an employee is scheduled to return to work.
4.0 PROHIBITI:D SIJBSTANCI:S
'Prohibited substances" addressed by this policy include the following:
Substance Abuse Policy Page
9/03
4.1 Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled
Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This
includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine,
as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the
U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally
prescribed drugs, or use of illegally obtained prescription drugs.
4.2 Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.
However, the use of any substance which carries a warning label that indicates that mental
functioning, motor skills, or judgment may be adversely affected must be reported to supervisory
personnel and medical advice should be sought by the employee, as appropriate, before performing
work-related duties.
A legally prescribed drug means that individual has a prescription or other written approval from a
physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be
carried in their original container with a label which includes the patient's name, the name of the
substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal
drugs while performing City business is prohibited.
4.3 Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing containers of
alcoholic beverages with a broken seal while on City premises or on duty. City employees are
prohibited from consuming alcoholic beverages on breaks or at lunch when the employee is
scheduled to return to work.
~.O PROHIBITFD CONI')IJCT
5.1 Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of prohibited substances on City premises, in City vehicles, in uniform,
or while on City business or from reporting to work following use of a prohibited substance.
Employees who violate this provision will be subject to disciplinary action up to and including
termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.
Substance Abuse Policy Page 2
9/03
5.2 Intoxication/Under the Influence
Employees are expected and required to report to work on time in an appropriate mental and physical
condition. Any employee who is reasonably suspected of being intoxicated, impaired, under the
influence of a prohibited substance, or not fit for duty shall be relieved of job duties pending an
investigation and verification of condition. Employees found to be under the influence of prohibited
substances or employees who fail to pass a drug or alcohol test administered under federal or state
regulations shall be removed from duty and be subject to disciplinary action, up to and including
termination.
5.3 Alcohol Use
No employee should report for duty or remain on duty when his/her ability to perform assigned
safety-sensitive functions is impaired by alcohol. No employee shall use alcohol while on duty, or
during the hours that they are on call. Violation of these provisions is prohibited and subject to
disciplinary action up to and including termination.
5.4 Treatment
The City recognizes that drug dependency is an illness and a major health problem. The City also
recognizes drug abuse as a potential health, safety and security problem. All employees are
encouraged to make use of the Employee Assistance Program (EAP) for treatment for drug or alcohol
misuse and illegal drug use problems. Under certain circumstances, employees may be required to
undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to
comply with City requirements for treatment, after cam, or return to duty shall be subject to
disciplinary action, up to and including termination. Employees will be allowed to use accumulated
sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program.
5.5 Notifying the City of Criminal Drug Conviction
The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any
criminal drug statute conviction for a violation occurring in the workplace or off City premises while
conducting City business within five days after such conviction. The City will take appropriate
disciplinary action and/or require the employee to participate in a rehabilitation program within 30
days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this
provision shall result in disciplinary action, up to and including termination.
Substance Abuse Policy Page 3
9/03
5.6 Proper Application of the Policy
The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse
policy. Supervisors am required to use and apply all aspects of this policy in an unbiased and
impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who
is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary
action, up to and including termination.
6.0 PRE-EMPLOYMENT DRUG TESTING PROCEDLJRFS
6.1 Pre-Employment Drug Testing
All applicants for positions covered by Federal regulations governing workplace anti-drug and alcohol
programs shall undergo urine drug testing following an offer of employment. Receipt by the City of a
negative drug test result is required prior to employment. Failure of a pre-employment drug test will
disqualify an applicant for employment for a pedod of one year.
City employees not currently in a position covered by Federal regulations governing workplace anti-
drug and alcohol programs who apply for a position covered by said Federal regulations must pass a
urine drug test following the offer of a transfer into a position covered by Federal regulations
governing workplace anti~Jrug and alcohol programs.
7.0 CONSIFQUENCFS FOR POLICY VIOLATIONS
Violations of this policy or failure to pass a drug or alcohol test administered under federal regulations
will result in disciplinary action, up to and including termination.
humanre~subabus2.pcy
Substance Abuse Policy Page 4
9/03
Appendix B
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
CONTACT NAMES
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
Sylvia Mejia or successor
Personnel Administrator
410 E. Washington Street
Iowa city, IA 52240
(319) 356-5026
(319) 356-5027 (FAX)
Alternate (if Personnel Administrator is not available)
Karen Jennings or successor
Personnel Generalist
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5025
(319) 356.5027 (FAX)
COLLECTION SITE FOR DRUG AND ALCOHOL TESTS
Mercy Occupational Health or successor
540 E. Jefferson Street
Iowa City, IA 52240
Alternate site (if Occupational Health is not open)
Mercy Hospital Emergency Room or successor
500 E. Jefferson Street.
(Emergency Room entrance is on Bloomington Street)
DRUG TESTING LABORATORY
Lab One or successor
8915 Lenexa Drive
Overland Park, KS 66214
MEDICAL REVIEW OFFICERS (MRO)
Charles Buck, M.D. or successor
Brian Johns, M.D. or successor
Mercy Occupational Health
540 E. Jefferson, Suite 205
Iowa City, IA 52240
9/03
Appendix C
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SAFETY SENSITIVE POSITIONS
49 CFR, Part 382
EQUIPMENT: SOLID WASTE:
Mechanic I MW I - Refuse
Mechanic II MW II- Refuse
Mechanic III Asst. Solid Waste Superintendent
Shop Supervisor STREETS:
Equipment Superintendent MW I - Streets
CEMETERY: MW II - Streets
MW II - Cemetery MW III - Streets
MW III - Cemetery Sr. MW - Streets
Cemetery Superintendent Asst. Streets Superintendent
FORESTRY: Streets Superintendent
MW I - Forestry TRAFFIC ENGINEERING:
MW II - Forestry Electronics Tech
Sr. MW - Forestry Electrician
CBD: WATER:
MW II - CBD Electronics Tech
Sr. MW ~ CBD MW I Customer Service
PARKS: MW II Water Service
MW I - Parks Maintenance Operator
MW II - Parks Sr. TPO
MW III - Parks Sr. MW - Water Plant
Sr. MW - Parks WATER DISTRIBUTION:
Sr. MW - Turf§rass MW I - Distribution
Parks & Forestry Superintendent MW II - Distribution
WA$TEWATER: Sr. MW - Distribution
MW I AIRPORT:
MW II MW I
MW III - WW Airpor~ Manager
MW III - Collection
Sr. MW - Collection 49 CFR~ Part 655
Sr. MW - Plant TRANSIT:
Maintenance Operator Body Repair Mechanic
TPO Mass Transit Operator
Sr. TPO MW II - Transit
LANDFILL: MW III - Transit
MW II - Landfill Transit Operations Supervisor
MW III- Landfill Transit Manager
MW II - Landfill/Recycle Mechanic I -Transit
Mechanic II - Transit
Mechanic III - Transit
Shop Supervisor - Transit
All employees working in temporary positions requiring a CDL.
9/03
Appendix D
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SUBSTANCE ABUSE PROFESSIONALS (SAP)
Nancy Phelps
Family Resources, Inc.
805 W. 35~' Street, Suite 100
Davenport, IA 52806
(563) 445-0587
Employee and Family Resources
Substance Abuse Services
505 5~ Avenue, Suite 600
Des Moines, IA 50309
(515) 243-4200
9/03
Appendix E
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SUPPORT GROUPS AND RESOURCES
City of Iowa City Employee Assistance Program - 351-9072
AI-Anon/Alateen - 338-9111
Alcoholics Anonymous - 338-9111 (answered 24 hrs.)
Crisis Center - 351-0140 (Crisis Line)
- 351-2726 (Business Line)
Dept. of Veterans Affairs Medical Center - 338-0581
Dept. of Veterans Affairs Medical Center, Outpatient Substance
Abuse Treatment Program - 338-0581, x5447
Dept. of Veterans Affairs Medical Center, Psychiatric Unit - 338-0581, x5409
Iowa Substance Abuse Information Center - (319) 398-5133
Mental Health Institute (Chemical Dependency) (319) 385-7231
Mid-Eastern Council on Chemical Abuse (MECCA) 351-4357
Mid-Eastern Iowa Community Mental Health Center - 338-7884
Narcotics Anonymous - 338-6704
Sedlacek Treatment Center (Substance Abuse) - (319) 398-6226
Chemical Dependency Services; University of Iowa Hospitals and Clinics - 384-8765
TOLL FREE NUMBERS
Alcohol Abuse - 1- 800-344-2666
Alcohol and Drug Information Referral Line - 1-800-252-6465
American Council on Alcoholism Hot Line - 1-800-356-9996
Center for Substance Abuse Treatment - 1-800-662-4357
Mothers Against Drunk Driving (MADD) - 1-800-438-6233
National Cocaine Hot Line - 1-800-262-2463
National Institute on Drug Abuse Hot Line - 1-800-662-HELP (4357)
Substance Abuse Information Center- 1-800-247-0614
humanrel~dldrupol.doc
9/O3
29855058 .............................
STEP 1: COMPLETED BY COLLECTOR OR EMPLOYER REPRESENTATIVE
A. Employer Name, Address, I.D. No. B. MRO Name, Address, Phone and Fax No.
CITY OF IOUA CITY/TRANSIT ]~R. CHARLES R BUCK, fid
41¢ E i~At]HIN~,TOi~ MERCY OCCUPATIONAL HEALTH
PERSOMNEL ])EPARTMENT 54~ E JEFFERSO~ ST
lO~fl CITY
F'H:319-356-5¢26 FX: ~19-356-5~27 IOWA CITY IA 52~45
PH= 319-3~9-3921 FX = 319-'339-3858
C. OonorSSNorEm~o~el.D. No. C] ~ ~ ~ ~ ~_~ ~
D. Reason ~r T~t: ~ Pm~mploy~nt ~ RaCom ~ Rea~le Su~icio~ause ~ Poet A~ent
~ Return to Du~ ~ Follow-up ~ ~her (s~i~)
E. D~ Tests to ~ Pe~ormed: ~ THC, C~, ~R OPI, AMP ~ THC & CDC ~ly ~ ~her (~)
E Collation Sffe Addre~:
STEP 2: COMPLETED BY COL~OR
Read ~i~n tem~rature within 4 minutes. Is tem~rature Sp~imen Colle~ion: ~ Obse~ (Enter
~een ~ and 1~ F? ~ Yes ~ No, Enter Re~ ~ Split ~ Single ~ N~e Pm~d~ (Enter R~rk)
REMARKS
STEP 3: Coll~or affixes ~ffie ~N(s) to ~Ele(s). ~l~or dates s~l(s). ~nor ~itials ~al(s). Oo~r c~et~ STEP 5 on C~ 2 (MRO C~)
STEP 4: CHAIN OF CUSTO~ - INmATED BY COLLECTOR AND COMPLIED BY ~BORATORY
AM SPECIMEN B~LE(S) RELEASEDTO:
X
/ /
RECEIVED AT LAB: Pdmary S~clmen SPECIMEN BO~(S) REUSED
X ~ Boffle ~al Intact
/ /
(PRI~ ~s~s ~me (Fl~, ~, ~) ~ (~,~y~r.) ~ No, Enter R~a~ ~w
STEP Sa: PRIMARY SPECIMEN TEST RESUL~ - COMPLETED BY PRIMARY LABORATORY
~ NEGATI~ ~sm~ ~: ~ ~UUANA M~A~ITE ~ ~DEINE ~ ~PH~INE ~ ADULTE~O
~DIL~ ~ ~AINE M~A~LI~ ~ ~nPHINE ~ M~PH~INE ~ SUSST~O
~ R~E~D FOR TESTI~ ~p ~ ~AC~OR~IN~
REMARKS
x /
STEP 5b: SPL~ SPECIMEN TEST RESULTS - (IF TESTED) COMPLIED BY SECONDARY ~BORA~RY
/
~1 on an u~M SPECIMEN ID ~. CAP S~L
..... IIIIIIIIIIIIIIIIIIIIIIII
sPEC,. ,,D,o. 29854999 .............................
;TEP 1: COMPLETED BY COLLECTOR OR EMPLOYER REPRESENTATIVE
A. Employer Name, Address, I.D. No. B. MRO Name, Address, Phone and Fax No.
CITY Of-' IO~A CITY/CDI'II'I D~IVER~ DR~ CHARLES I~ BUCK,
41~3 E MASHiNGi'ON MERCY OCCUPATIONAL HERLTH
F'ERBONNEi. DEPARTMENT 54~ E JEFFER~0N ST
IOYh CITY I~ 5~24~ STE
D. Rea~n ~r Test: ~ Pre~m~me~ ~ Ran~m ~ Rea~nable Suspido~ause ~ Po~ A~ent
~ Ream to D~ ~ Follow-up ~ ~her (~i~)
E. Drug Tests to ~ Pedormed: ~ THC, C~, PCP, OPI, AMP ~ THC &COC ~ly ~ ~r (~)
E Coll~lon S~e Address:
Coll~or Fax No.
STEP 2: COMPLETED BY COLLECTOR
Read sp~imen tem~mture within 4 minutes. Is tem~rature Sp~imen Colle~ion: ~ Ob~w~ (Enter Re~)
~een ~ and 1~ F? ~ Y~ ~ No, Enter Re~rk ~ Split ~ Single ~ N~e Prodded (Enter Re~)
REMARKS
STEP 3: ~ll~or affixes ~e ~al(s) ~ ~a~(s). Coll~or dates seal(s). ~nor ~itials ~al(s). ~r co~let~ STEP 5 on
STEP 4: CHAIN OF CUSTO~ - INmATED BY COLLECTOR ANO COMPLETED BY ~BORATORY
AM SPECIMEN BO~(S) RELEASED TO:
X s~mm~ T~m PM ~
/ /
RECEIVED AT LAB: Pdma~ S~clmen SPECIMEN BO~E(S) REL~SED
X ~ Bo~le ~al Inta~
~ ~ ~ ~No, Enter R~a~ ~w
~EP Sa: PRIMA~ SPECIMEN TES~ RESULTS - COMPLETED BY PRIMARY ~BORATORY
~ NEGATI~ ~ ~SITIVE ~: ~ ~RUUA~ M~LI~ ~ CODEINE ~AMPH~INE ~ ~UL~D
~ DIL~E ~ C~AINE MET~I~ ~ ~RPHINE ~ M~PH~INE ~ SU~D
~ R~ECTED ~R ~ING ~ ~P ~ ~AC~PHINE ~ INV~IO RESULT
REMARKS
x / /
S~na~ of ~ ~ (PRI~ ~rt~ng ~l~s ~i (Fimt, ~. ~a) ~lt (~r.)
x
/ /
~1 on an upwa~ ~E~MEN ID NO. CAP SEAL
~54~ ~ ov~ SPEClaEN
~ ~ ~1 dl~fly SPECIMEN ID ~. (SPL~ CAP S~L
Appendix G
Substance Abuse Prevention Program
For Drugs and Alcohol
Fact Sheets
Drug Detection Periods
Detection periods vary; rates of metabolism and excretion are different for each drug
and use. Detection periods should be viewed as estimates. Cases can always be found
to contradict these approximations.
Drug Detection Period
Alcohol 12-24 hours
Amphetamines
Amphetamine 2-4 days
Methamphetamine 24 days
Cocaine
Benzoylecgonine 12-72 hours
Cannabinoids (Marijuana)
Casual Use 2-7 days
Chronic Use Up to 30 days
Opiates
Codeine 24 days
Hydromorphone (Dilaudid) 24 days
Morphine for Heroin 24 days
Phencyclidine (PCP)
Casual Use 2-7 days
Chronic Use Up to 30 days
Alcohol Fact Sheet
Alcohol is a socially acceptable drag that has been consumed throughout the world for centuries. It
is considered a recreational beverage when consumed in moderation for enjoyment and relaxation
during social gatherings. However, when consumed primarily for its physical and mood-altering
effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively
impairs mental functions.
Signs and Symptoms of Use
· Dulled mental processes
&
· Lack of coordination
· Odor of alcohol on breath
· Possible constricted pupils
· Sleepy or stuporous condition
· Slowed reaction rate
· Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant substance.)
Health Effects
The chronic consumption of alcohol (average of three servings per day of beer [ 12 ounces], whiskey [1
ounce], or wine [6 ounce glass]) over time may result in the following health hazards:
Decreased sexual functioning
· Dependency (up to 10 percent of all people who drink alcohol become physically and/or
mentally dependent on alcohol and can be termed "alcoholic")
· Fatal liver diseases
· Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant
melanoma
· Kidney disease
· Pancreatitis
· Spontaneous abortion and neonatal mortality
· Ulcers
· Birth defects (up to 54 percent of all birth defects are alcohol related)
Social Issues "
· Two-thirds of all homicides are committed by people who drink prior to the crime.
· Two to three percent of the driving population is legally drunk at any one time. This rate is
doubled at night and on weekends.
· Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their
lifetimes.
The rate of separation and divorce in families with alcohol dependency problems is 7 times the
average.
· Forty percent of family court cases are alcohol problem related.
· Alcoholics are 15 times more likely to commit suicide than are other segments of the population.
· More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent
of private aircraft accidents are alcohol related.
The Annual Toll
· 24,000 people will die on the nation's highways due to the legally impaired driver.
· 12,000 more will die on the nation's highways due to the alcohol-affected driver.
· 15,800 will die in non-highway accidents.
· 30,000 will die due to alcohol-caused liver disease.
· 10,000 will die due to alcohol-induced brain disease or suicide.
· Up to another 125,000 will die due to alcohol-related conditions or accidents.
Workplace Issues
· It takes one hour for the average person (150 pounds) to process one serving of an alcoholic
beverage from the body.
· Impairment in coordination and judgment can be objectively measured with as little as two drinks
in the body.
· A person who is legally intoxicated is 6 times more likely to have an accident than a sober
person.
Amphetamine Fact Sheet
Amphetamines are central nervous system stimulants that speed up the mind and body. The physical
sense of energy at lower doses and the mental exhilaration at higher doses are the reasons for their abuse.
Although widely prescribed at one time for weight reduction and mood elevation, the legal use of
amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are
abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely
manufactured in crude laboratories.
Description
· Amphetamine is sold in counterfeit capsules or as white, flat, double-scored "mini-bennies." It is
usually taken by mouth.
· Metlmn~hetamine is often sold as a creamy white and granular powder or in lumps, and is packaged
in aluminum foil wraps or sealable plastic bags. Methamphetamine may be taken orally, injected, or
snorted into the nose.
· TmdeJstreet names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin, Speed,
Meth, Crank, Crystal, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
· Hyperexcitability, restlessness
· Dilated pupils
· Increased heart rote and blond pressure
· Heart palpitations and irregular beats
· Profuse sweating
· Rapid respiration
· Confusion
· Panic talkativeness
Inability to concentrate
· Heightened aggressive beb, vior
Health Effects
· Regular use produces strong psychological dependence and increasing tolerance to the drug.
· High doses may cause toxic psychosis resembling schizophrenia.
· Intoxication may induce a heart attack or stroke due to spiking of blood pressure.
· Chronic use may cause heart and brain damage due to severe constriction of capillary blond vessels.
· The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre and
violent acts.
· Withdrawal from the drug may result in severe physical and mental depression.
Workplace Issues
· Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness
because of unusual overtime demands or failure to get rest.
· Low-dose amphetamine use will cause a short-term improvement in mental and physical
functioning. With greater use or increasing fatigue, the effect reverses and has an impairing
effect. Hangover effect is characterized by physical fatigue and depression, which may make
operation of equipment or vehicles dangerous.
Cocaine Fact Sheet
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental
stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster
and stronger, and the body bums more energy. The brain experiences an exhilaration caused by a large
release of neurohormones associated with mood elevation.
Description
The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of
northern South America.
· Cocaine Hydrochloride - "snorting coke" is a white to creamy granular or lumpy powder that is
chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or
injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per "line" (about
60 to 90 milligrams). Common paraphernalia include a single-edged razor blade and a small
mirror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded
paper packet containing the cocaine.
· Cocaine Base - a small crystalline rock about the size of a small pebble. It boils at a low
temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and
the vapor is inhaled. The effect is felt within 7 seconds. Common paraphemalia includes a
"crack pipe" (a small glass smoking device for vaporizing the crack crystal) and a lighter,
alcohol lamp, or small butane torch for heating.
· Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow.
Signs and Symptoms of Use
· Financial problems
· Frequent and extended absences from meetings or work assignment
Increased physical activity and fatigue
· Isolation and withdrawal from friends and normal activities
· Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls
· Unusual defensiveness, anxiety, agitation
· Wide mood swings
· Runny or irritated nose
· Difficulty in concentration
· Dilated pupils and visual impairment
· Restlessness
· Formication (sensation of bugs crawling on skin)
· High blood pressure, heart palpitations, and irregular rhythm
· Hallucinations
· Hyperexcitability and overreaction to stimulus
· Insomnia
· Paranoia
· Profuse sweating and dry mouth
· Talkativeness
Health Effects
· Research suggests that regular cocaine use may upset the chemical balance of the brain. As a
result, it may speed up the aging process by causing irreparable damage to critical nerve cells.
The onset of nervous system illnesses such as Parkinson's disease could also occur.
· Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure. In
addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to
ruptured vessels causing strokes or heart attacks.
· Strong psychological dependency can occur with one "hit" of crack. Usually, mental dependency
occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest
mental dependency of any known drag.
· Treatment success rates are lower than for other chemical dependencies.
· Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is
rapid. The fatal effects of an overdose are not usually reversible by medical intervention. The
number of cocaine overdose deaths has tripled in the last 4 years.
· Cocaine overdose was the second most common drag emergency in 1986 - up from 11t~ place in
1980.
Workplace issues
· Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction.
· Lapses in attention and ignoring warning signals greatly increase the potential for accidents.
· The high cost of cocaine frequently leads to workplace theft and/or dealing.
· A developing paranoia and withdrawal create unpredictable and sometimes violent behavior.
· Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed
assignments.
Cannabinoids (Marijuana) Fact Sheet
Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use
marijuana for the mildly tranquilizing and mood- and perception-altering effects it produces.
Description
· Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to light tan.
The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly
pointed end. Less prevalent, hashish is a compressed, sometimes tarlike substance ranging in
color from pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. It
may also be sold in any oily liquid.
· Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and
incense.
· Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are
commonly used. Smoking "bongs" (large bore pipes for inhaling large volumes of smoke) can
easily be made from soft drink cans and toilet paper rolls.
· Trade/street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold,
Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
· Reddened eyes (l>ften masked by eyedrops)
· Slowed speech
· Distinctive odor on clothing
· Lackadaisical "I don't care" attitude
· Chronic fatigue and lack of motivation
· Irritating cough, chronic sore throat
Health Effects
General
· When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema-
like conditions.
· One joint causes the heart to race and be overworked. People with undiagnosed heart conditions
are at risk.
· Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious
respiratory tract and sinus infections.
· Marijuana smoking lowers the body's immune system response, making users more susceptible
to infection. The U.S. government is actively researching a possible connection between
marijuana smoking and the activation of AIDS in positive human immunodeficiency virus
(HIV) carriers.
Pregnancy Problems and Birth Defects
· The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in marijuana
concentrate in the ovaries and testes.
· Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an
increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which
can lead to temporary sterility. Occasionally, the onset of female sex characteristics including
breast development occurs in heavy users.
· Chronic smoking of marijuana in females causes a decrease in fertility and an increase in
testosterone.
· Pregnant women who are chronic marijuana smokers have a higher than normal incidence of
stillborn births, early termination of pregnancy, and higher infant mortality rate during the first
few days of life.
· In test animals, THC causes birth defects, including malformations of the brain, spinal cord,
forelimbs, and liver and water on the brain and spine.
· Offspring of test animals who were exposed to marijuana have fewer chromosomes than
normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are
concluding that the use of marijuana by either or both parents, especially during pregnancy,
leads to specific birth defects of the infant's feet and hands.
· One of the most common effects of prenatal cannabinoid exposure is underweight newborn
babies.
· Fetal exposure may decrease visual functioning and causes other ophthalmic problems.
Mental Function
Regular use can cause the following effects:
· Delayed decision-making
· Diminished concentration
· Impaired short-term memory, interfering with learning
· Impaired signal detection (ability to detect a brief flash of light), a risk for users who are
operating machinery
Impaired tracking (the ability to follow a moving object with the eyes) and visual distance
measurements
· Erratic cognitive function
· Distortions in time estimation
· Long-term negative effects on mental function known as "acute brain syndrome," which is
characterized by disorders in memory, cognitive function, sleep patterns, and physical conditions.
Acute Effects
· Aggressive urges
· Anxiety
· Confusion
· Fearfulness
· Hallucinations
· Heavy sedation
· Immobility
· Mental dependency
· Panic
· Paranoid reaction
· Unpleasant distortions in body image
Workplace Issues
· The active chemical, THC stores in body fat and slowly releases over time. Marijuana smoking
has a long-term effect on performance.
· A $00 to 800 percent increase in THC concentration in thc past several years makes smoking
three to five joints a week today equivalent to 15 to 40 joints a week in 1978.
· Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect,
increasing the impairing effect of both the depressant and marijuana.
Opiates (Narcotics) Fact Sheet
Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions,
and when taken in large doses, cause a strong euphoric feeling.
Description
Natural and natural derivatives - opium, morphine, codeine, and heroin.
· Synthetics - meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Percodan)
May be taken in pill form, smoked, or injected, depencYmg upon the type of narcotic used.
· Trade/street names include Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and China White.
Signs and Symptoms of Use
· Mood changes
· Impaired mental functioning and alertness
· Constricted pupils
· Depression and apathy
· Impaired coord'mation
· Physical fatigue and drowsiness
· Nausea, vomiting, and constipation
· Impaired respiration
Health Effects
· IV needle users have a high risk fol contracting hepatitis and AIDS due to the sharing of needles.
· Narcotics increase pain tolerance. As a result, people could more severely injure themselves or
fail to seek medical attention after an accident due to the lack of pain sensitivity.
· Narcotics' effects are multiplied when used in combination with other depressant drugs and
alcohol, causing increased risk for an overdose.
Social Issues
· There are over 500,000 heroin addicts in the United States most of whom are IV needle users.
· An even greater number of medicinal narcotic-dependent persons obtain their narcotics through
prescriptions.
· l~eeause of tolerance, there is an ever-ineraasing need for more narcotics to produce the same
effect.
· Strong mental and physical dependency occurs.
· The combination of tolerance and dependency creates an increasing financial burden for the user.
Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
· Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place
the legitimate user and abuser at higher risk for an accident.
· Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause imp~m~ent
of physical and mental functions.
Phencyclidine (PCP) Fact Sheet
Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects
prevented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant and a
hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-altering effects.
Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to
excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a
blank stare with the eyelids half closed. Sudden noises or physical chocks may cause a "freak out" in
which the person has abnormal strength, extremely violent behavior, and an inability to speak or
comprehend communication.
Description
· PCP is sold as a creamy, granular powder and is often packaged in one-inch square aluminum foil
or folded paper "packets."
· It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine,
a local anesthetic, and sold as imitation cocaine.
· Trade/street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
· Impaired coordination
· Severe confusion and agitation
· Extreme mood shifts
· Muscle rigidity
· Nystagmus (jerky eye movements)
· Dilated pupils
· Profuse sweating
· Rapid heartbeat
· Dizziness
ltealth Effects
· The potential for accidents and overdose emergencies is high due to the extreme mental effects
combined with the anesthetic effect on the body.
· PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an
overdose reaction.
· Misdiagnosing the hallucinations as LSD induced, and then treating with Thorazine, can cause a
fatal reaction.
· Use can cause irreversible memory loss, personality changes, and thought disorders.
· There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to 3 days and
can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and
distance perception are common. The second phase, which does not always follow the first, is a
toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The
third phase is a drag-induced schizophrenia that may last a month or longer. The fourth phase is
PCP-induced depression. Suicidal tendencies and mental dysfunction can last for months.
Workplace Issues
· PCP abuse is less common today than in recent years. It is also not generally used in a workplace
setting because of the severe disorientation that occurs.
Human Resources/Personnel
Memo
DATE: September 15, 2003
TO: Mayor and City Council
FROM: Sylvia A. Mejia, Personnel Administrator
RE: Revised CDL Policy
The Omnibus Transportation Employee Testinq Act of 1991 requires that all employers who have
employees with Commercial Driver's Licenses have a program to test for prohibited drug use and
alcohol misuse. The City of Iowa City has since maintained a policy that meets the requirements
of the Federal Transit Authority (FTA) and the Federal Highway Administration, now know as the
Federal Motor Carrier Safety Administration (FMCSA). The City updated the policy in 1999 in
response to changes made at the Federal level.
Since 1999 further changes have been made at the federal level and the City has drafted an
updated policy to be in compliance with all of the federal regulations including 49 CFR Part 40
Procedures for Transportation Workplace Druq and Alcohol Testinq Pro,qrams, Part 382
Controlled Substance and Alcohol Use and Testinq, and Part 655 Prevention of Alcohol Misuse
and Prohibited Druq Use in Transit.
Attached is a copy of the revised City of Iowa City Commercial Driver's License Policy. The policy
that you have before you has been revised using the Implementation Guidelines for Druq and
Alcohol Regulations in Mass Transit, Best Practices manual and the quarterly FTA newsletter
Druq and Alcohol Requlation Updates. The revised policy represents an extensive rewrite based
on the previously mentioned "best practices". The revised policy has eliminated much of the
technical detail from our policy and incorporated those elements by reference. The revised policy
expands on the information that employees need to know to better understand and comply with
the requirements of the program. For example, the section on prohibited conduct has been
expanded to cleady list behaviors which would constitute a refusal to test, the interpretation of test
results is listed and the relevant contact persons have been added as appendices for ease in
keeping the information current. In addition, the appendix describing consequences has been
incorporated into the body of the policy and the consequences modified to provide for a written
warning for the first violation of the policy and termination for the second offense whether it is for
the same substance or a different substance.
Federal regulations require that the governing body of the city approve the policy. Therefore, the
policy is being presented for your approval by resolution. If you have any questions, please
contact me at 356-5026.
CDL Policy Revisions.doc
Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB03-00034)
RESOLUTION NO.
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES, IOWA
CITY, IOWA.
WHEREAS, the owner, K.G. Bird L.L.C., filed with the City Clerk the preliminary and final plat of
Oakmont Estates, 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:
Auditor's Parcel 95079, in accordance with the Plat thereof recorded in Book 35, at page 267
of the records of the Johnson County Recorder's Office. Said Parcel contains 8.70 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 preliminary and final plat and subdivision, and recommended
approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and 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
(2003) 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 preliminary and final plat and subdivision located on the above-described real estate
be and the same are hereby approved.
2. The City accepts the dedication of the streets, easements, public open space 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 certi~ 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
Resolution No.
Page 2
MAYOR
Approved by
CITY CLERK Ci{y-Atto~ney's' Office'
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: SUB03-00034 Oakmont Estates Date: September 18, 2003
Final Plat
GENERAL INFORMATION:
Applicant: K.G. Bird L.L.C.
c/o Douglas Ruppert
122 S. Linn Street
Iowa City, IA 52240
Contact: MMS Consultants
Phone: 351 8282
Requested Action: Final plat approval
Purpose: 16-1ot residential subdivision
Location: West side of Foster Road
Size: 8.7 acres
Existing Land Use and Zoning: Undeveloped woodland, ID-RS
(pending rezoning to OSA-5)
Surrounding Land Use and Zoning: North: Woodland, ID-RS
South: Residential, OSA-5
East: Golf Course, ID-RS
West: Iowa River
Comprehensive Plan: Residential, 2-3 dwelling units per acre
File Date: August 14, 2003
45 Day Limitation Period: September 28, 2003
60-Day Limitation Period: October 13, 2003
BACKGROUND INFORMATION:
In July the Commission reviewed and recommended approval of a Sensitive Areas rezoning and
preliminary plat for this property. The rezoning is currently pending before the City Council. A
final vote on the rezoning and preliminary plat is anticipated in October. The applicant is now
seeking final plat approval assuming that the rezoning and preliminary plat will be approved.
2
ANALYSIS:
The final plat is in general conformance with the pending preliminary plat and Sensitive Areas
Development Plan as well as the subdivision regulations. Staff is reviewing construction plans
and legal papers, which accompany the final plat. They must be approved by staff prior the City
Council consideration of the final plat.
This subdivision includes an approximately 1.5-acre outlot to be dedicated to the City for parkland.
Based on the Neighborhood Open Space Ordinance this subdivision is required to dedicate
8,942 square feet of neighborhood open space or pay fees in lieu of. The ordinance also
stipulates that no more than 10% of the land given credit for dedication may exceed a slope of
15%. In this case 1500 sq. ft. of Outlot A has slopes of less than 15%. The subdivision will
also be given credit for 894 sq. ft., as the ordinance allows 10% of the required open space to
exceed slopes of 15%. The applicant will pay fees equivalent to 6548 sq. ft. of open space.
This should be addressed in the legal papers.
The Sensitive Areas Development Plan, pending before the Council, provides for the protection of
32% of the woodlands on the property as well as several large oak and hickory trees that are
located on individual lots. The note on the final plat should refer to the tree protection plan as
well as the tree replacement requirements. The tree protection and replacement requirements
should also be included in the legal papers.
The water main extension fee of $395 per acre applies to this subdivision and should be provided
for in the legal papers.
STAFF RECOMMENDATION:
Staff recommends deferral pending resolution of deficiencies. Upon resolution of deficiencies
staff recommends approval of SUB03-00034, the final plat of Oakmont Estates, an 8.5 acre 16-1ot
residential subdivision located on the west side of Foster Road, subject to Council approval of the
pending rezoning and preliminary plat and subiect to staff approval of legal papers and
construction drawings prior to City Council consideration.
DEFICIENCIES AND DISCREPANCIES:
1. A note on the plat should refer to the tree protection plan.
2. The legal papers should provide for payment of fees equivalent to 6548 sq. ft. of open
space.
3. The construction drawings should provide for a sidewalk between lots 10 and 11.
4. Replacement trees should be addressed in legal papers and on the plat.
ATTACHMENTS:
2. Final Plat.
Approved by K
Franklin,'Director,
Dep'artment of Planning and Community Development
ppdadm/stfrep/¢amelot.doc
SITE LOCATION: Oakmont Estates SUB03-00034
FINAL PLAT
OAKMONT ESTATF, S
.................... ,-,-~,-~ I0WA CITY, IOWA
::__ ...... ......... i ~~-_ ,...~..
~~/-
~ ~ '~'"' ' "4' / ""~
Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 03-316
RESOLUTION APPROVING THE GENERAL CONCEPT FOR THE
LONGFELLOW NEIGHBORHOOD ART PROJECT.
WHEREAS, the Iowa City City Council approved the Neighborhood Art Project at their
March 11, 2003 meeting; and
WHEREAS, four neighborhoods have been working through the neighborhood art process
since that time; and
WHEREAS, the Public Art Advisory Committee has reviewed and recommended for approval
the Longfellow neighborhood art proposal for the installation of between 6-8 historical
neighborhood markers around the neighborhood as well as a steel garden sculpture of birds
landing to be located at the entrance of Longfellow trail; and
WHEREAS, these projects are estimated not to exceed $12,650 which is within the funding
available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council approves the general concept proposal for the Longfellow neighborhood
art project and directs the neighborhood to proceed in creating final designs and
determining specific costs which will be reviewed by the City Council at a tater date.
Passed and approved this 14th dayof October ,20 03
Apj;x~ved~ by
ATTE ST: Ci~L ~ R% ~;//f). ~f.~ ~-'~-~
City Attorney's Office
It was moved by 6hampi on and seconded by PCab 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
Longfellow Neighborhood Public Art Project Proposals
The Longfellow Neighborhood Art Project had its genesis at a Longfellow Neighborhood
Association general meeting last January. The idea of some sort of neighborhood art program
was discussed, and generated enough interest to warrant a meeting of a group of interested
Longfellow residents in February At that meeting, and at another in April, a good deal of
brainstorming occurred.
Ideas for art in the neighborhood, such as dressing up some of Longfellow's many
bridges, sculptures on street signs, or some sort of gateway art at one or two of our busiest
intersections, such as Lucas and Burlington, percolated up. But at the April meeting we began to
focus more on the historic aspects of the Longfellow neighborhood, and how to use art to tell our
story. We also wanted to do something significant for our only "park", the Longfellow Nature Trail.
The group zeroed in on the following specific historic areas to represent with our art project:
· The old cannery site on Sheridan Ave.
· The AME Church on S. Governor St.
· The GrantWood House
· The Rundel[ St. trolleyline
· The Civil War encampment
· The old brickyard at the Longfellow School site
· The site of Strohm's Orchard, on which much of our neighbhorhood is
built, at Governor and Bowery.
The group contacted LNA resident and artist Will Thomson, who took our ideas and put
them to paper. When Will presented his sketches to the group in June, we were ecstatic. The
results, represented by the attached sketches, blend the art and history of Longfellow in an
attractive, inviting style, one which blends with our neighborhood. The "Waterfowl in Flight"
sculpture for the Longfellow Nature Trail head along Sheridan Ave. is a perfect focal point for our
neighborhood wildlife area. After a very brief discussion, the neighborhood decided to submit
both proposals for funding: the Waterfowl sculpture and the historic markers, since the costs
appear to be very reasonable.
If funded, the projects will be installed by neighborhood volunteers, coordinated by Will
Thomson, with the project under the general oversight of the Longfellow Neighborhood
Association. We intend to place the "sign art" on the public right-of-way near each designated
historic spot, with the advance agreement and cooperation of nearby property owners - no art will
be placed where it isn't wanted. Our timeline would have installation begin sometime in later
spring of 2004.
Methods, materials, descriptions, and costs are as follows:
1. Historical Markers: Each of six to eight historical neighborhood markers
(cannery, trolley, orchard, Civil War Camp, brickyard, Wood House, AME
Church, etc.) will be fabricated as follows:
frame: a mounting frame will consist of a perforated metal (53%, 1"
squares) welded to a 1" x 2" square tubular steel frame, as shown in drawings. This
mount will have a "roofline" and Arts and Crafts style design motif, with
room for a neighborhood logotype, all will be powdercoated enamel and affixed in
the ground with legs imbedded in concrete past the frostline. Siting will in
all cases be in the easement between street and sidewalk and will be coordinated with the City's
Public Works and Forestry departments.
Signage: the perforated screen panel will be a mounting surface for a
metal relief textured panel sculpture of the subject of the site, i.e. the
Rundell Street sign will have a Iow-relief cutout of a trolley car, ca. 1910.
Beneath these sculptural images will be a metal sign panel, affixed with security
bolts to the screen. This panel will be a short statement about the historic
heritage of the site. An alternate method will be to have an anodized or
etched metal panel with image and label on the same panel.
Cost: one complete piece, standard, signage and artwork, will not exceed
$750.00 per unit.
Production: entirely local talent. Welding in Coralville, Powder-coating
in Cedar Rapids, signage and artwork in Iowa City (Armadillo Arts Studio and
Signs and Screenprinters, signage).
2. Garden Sculpture, Longfellow Trail:
proposal: a steel garden sculpture of birds landing (see sketch) to be
mounted at gateway of Longfellow trail.
materials: three large birds (24 to 30" span) will be made from welded
steel and mounted to an elevated curve of metal, its base embedded in a
concrete footing. This "curve" of metal is a three sided welded semi-spiral of steel,
built to support enough weight that it could cantilever 200 to 300 lbs
(precautionary). Once this unit is welded up and finished, the birds are welded to
its outer tip and the whole is set in a concrete footing at the entry to the
trail.
Cost: approx. $4000.00
production: the unit would be fabricated in two or three parts: curved
support arm welded locally, birds sculpted and fabricated in studio, and the
whole assembled on site.
Artists' fee for both projects: (construction, coordinating, transporting, etc.) $1,500.
We should note one other project that the neighborhood is interested in: a Neighborhood
Sculpture Project for the Longfellow School Grounds, funded by the neighborhood residents and
the Longfellow Association. This project would produce a sculpture of cast-cement and foundry
glass and we hope to involve school-age children in the design, creation, and implementation,
thus making it a chance to take ownership in a major group project. Total cost is estimated at
about $300.
Narrative written by Michael Wright and Will Thomson.
Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 03-317
RESOLUTION APPROVING THE GENERAL CONCEPT FOR THE GOOSETOWN
NEIGHBORHOOD ART PROJECT.
WHEREAS, the Iowa City City Council approved the Neighborhood Art Project at their March 11, 2003
meeting; and
WHEREAS, four neighborhoods have been working through the neighborhood art process since that time;
and
WHEREAS, the Public Art Advisory Committee has reviewed and recommended for approval the
Goosetown neighborhood art proposal for the installation of between 25-30 bronze street markers above
existing street signs; and
WHEREAS, these projects are estimated not to exceed $12,210 which is within the funding available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA,
THAT:
1. The City Council approves the general concept proposal for the Goosetown neighborhood art project
and directs the neighborhood to proceed in creating final designs and determining specific costs which
will be reviewed by the City Council at a later date.
Passed and approved this 14th _dayof October ,20 03
MAYOR
Approved by
ClT~-CLERK City Attorney's Office
It was moved by t~i 1burn and seconded by Pfab the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
× O'Donnell
X Pfab
X Vanderhoef
× Wilburn
GOOSETOWN ART IN THE NEIGHBORHOOD PROPOSAL
IDEA
Goosetown proposes a two-part neighborhood art project: 1) graphically attrachve 1,~-*
street signs idenfil~ing Goosetown and the date of its origin; 2)-an-alley way ciemmF mM
b~aut! ~'i¢:a. th~n~ prt"~_'"lm. Though each of these parts is distinctly different from the other,
we think of them as courdmated efforts to create a more artful enviromnent throughout
the neighborM×)d, and by doing so to develop a greater sense of neighborhoca, t hism .ry.,
identity, and community, as explained in the following sections.
SIGNAGE
If you ask someone "Where do you live'?." they will probably tell you what street they live
on. Street signs provide us with that immediate sense of identification with the place
where we live. We would like to expand that sense of identification beyond individual
streets to the Goosetown neighborht×~d as a whole and to symbolize that identification
with distinctive Goosetown signs, not displacing the street signs but adding to them. Our
hope would be that this would not only promote greater neighborhood cohesiveness for
the future but also serve as a way of preserving the cultural heritage of Goosetown by
reminding us that this is a neighborhood with a rich history. Too often, it seems, the
places we live in aren't neighborhotxls to those who don't live there--they are simply
streets we drive through to get from one place to another. By identifying Goosetown on
our street signs, we can perhaps contribute to a greater sense of commtmi .ty in Iowa City
as a whole by making us all just a little less anonymous.
Project Goal:
The signs we propose would be fastened to the top of existing street signs but would be
distract from them so as not to create confusion (see attachment). Our vision is tbr a two-
sided cast metal, bas-relief sign with the name, Goosetown, and date, 1856, in English on
one side and the Czech name, Husi Mesto, and date on the reverse. The casting would be
done in bronze by a local arti~Tfi$ font would be highly polished for greater
visibility; the background would be treated with a darker pigment lbr contrast. Then the
signs would be treated with an industrial strength poly coating that will preserve the
sheen of the metal for 10-15 years. At that time, a second application can be brushed on,
if desired. If not retreated, the signs will slowly gain a patina, but will not deteriorate.
The finial of each of these cast signs will carry a two-dimensional metal silhouette of a
goose the symbol of our neighberhood past and present.
Plan:
We approached three people/businesses able to do the casting work, including a
Goosetown sculptor who is very interested in winning the bid for this project. He came to
our last meeting to give us his background, interests, and credentials, to answer questions
about the casting process, make sketches of possible decorative symbols, talk about the
upkeep and longevity of the signs, and share an example of his work with u.s.
We were impressed with his knowledge--graduate work in sculpture, with his
resources---he has his own founcky south of town, and with the fact that he lives in
Goosetown. He res~ted his interest in winning the bid.
The two other sources are local bus'messes able to fabricate metal projects and willing to
work within the eoustraints of the project.
The attached article from the Rock Island (I1l.) A~gus and Dispatch illustrates a similar
project and theix .mcr, ess story using signs to designate neighborhoods that are ~gnifieant
to a city's history. (http://www.qconline.com/quest2001/eommunity/oldchic.shtml)
If the project were approved by the City, bids would be requested, work would begin, and
mmetime in the spring or sammaer months a call would be made for a work force to help
fasten/bolt the signs to the e>hs~'mg poles. (Our Goosetown ,sculptor is exploring the
fasteners used in Rock Island.)
Costs: We estimate the need for some 20-25 signs for placement on existing street ,signs.
On the basis of our exploration with the three fabricators, the bid would come within the
range of the $10,000-$15,000 award for our neighborhood. If the bid were to come in
under this mount, rema'ming funds would support the following part of the project.
Goosetown Streetsign Proposal
Submitted by John Coyne
1127 E. Davenport St.
Iowa City, IA 52245
(319) 339-1742
This Project is for 25 bronze commemorative street markers that will be a permanent part
of the Goosetown neighborhood. I have included 4 sketches along with my portfolio.
Bronze Each sign will weigh approximately 4 lbs.
Price of bronze is approximately $2.50 per pound.
Total price, including extra bronze for 5 extra pieces = $300.
Mold Making Materials for mold making including sand, resin, catalyst, core
wash, flasks, oil clay and wax = $320.
Installation Special brackets are available through the City of Iowa City for
= $1,250.
Chasing Materials for finishing and chasing includes abrasives, cat-off
wheels, chemicals for patination and clear coat = $230.
Labor The projected time for each piece is 20 hours, which includes
modeling, mold making, casting, chasing and installation.
At $15 an hour, for 30 bronze castings, which will take
approximately 500 hours = $9,000.
Total bid mount includes labor and a 10% contingency fee = $12,210.
Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5232
RESOLUTION NO. 03-318
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE REDEVELOPMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS, L.L.C.
WHEREAS, the City of Iowa City, Iowa ("City") and Marc Moen, Monica Moen and Michael Moen,
comprising Plaza Towers L.L.C. ("Redeveloper") entered into an Agreement on July 16, 2002 for the
redevelopment of Urban Renewal Parcel 64-1A; and
WHEREAS, demonstration of a commitment for construction financing is a condition precedent to the
conveyance by the City to the Redeveloper of said Parcel 64-1A in Part I, Section 7(c) of said Agreement;
and
WHEREAS, Redeveloper has been unable to finalize construction financing commitments to date, but
anticipates that such financing will be in place on or before November 15, 2003; and
WHEREAS, in designing the project known as Plaza Towers, it was determined that the original overhead
clearance of eighteen feet (18') above the alley would make incorporation of the pedestrian overpass into
the existing parking ramp difficult, and that a fifteen foot, five inch (15' 5") clearance would be both
sufficient and a better design; and
WHEREAS, the parties to the agreement have determined that it is in the City's best interest to retain title
to the alley along the southern edge of the parcel, for traffic control and code compliance purposes; and
WHEREAS, it is necessary to formally amend the original Agreement to reflect the actual, changed
responsibilities and obligations between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY,
JOHNSON COUNTY, IOWA THAT:
The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the Agreement for the
Improvement and Sale of Land for Private Redevelopment by and between the City of Iowa City, Iowa,
and Plaza Towers, EEC., which is attached hereto and made a part hereof.
Passed and approved this ]4th day of 0cl:nbm' ,20 03 .
MAYOR
AP_,Rroved by .
ATTEST:
City Attorney's Office
Sarah/64-1a/641 a~agt amend 10-8 final Res.doc
Resolution No. 03-318
Page 2
It was moved by Chamoion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef,.
× Wilbum
FIRST AMENDMENT TO
AGREEMENT
FOR
THE IMPROVEMENT AND SALE OF LAND
FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA,
and
PLAZA TOWERS, L.L.C.
WHEREAS, the City of Iowa City, Iowa ("City") and Marc Moen, Monica Moen
and Michael Moen, comprising Plaza Towers L.L.C. ("Redeveloper") entered into
an Agreement on July 16, 2002 for the redevelopment of Urban Renewal Parcel
64-1A; and
WHEREAS, demonstration of a commitment for construction £mancing is a
condition precedent to the conveyance by the City to the Redeveloper of said
Parcel 64-lA in Part I, Section 7(c) of said Agreement; and
WHEREAS, Redeveloper has been unable to finalize construction financing
commitments to date, but anticipates that such financing will be in place on or
before November 15, 2003; and
WHEREAS, in designing the project known as Plaza Towers, it was determined
that the original overhead clearance of eighteen feet (18') above the alley would
make incorporation of the pedestrian overpass into the existing parking ramp
difficult, and that a fifteen foot, five inch (15' 5") clearance would be both
sufficient and a better design; and
WHEREAS, the parties to the agreement have determined that it is in the City's
best interest to retain title to the alley along the southern edge of the parcel, for
traffic control and code compliance purposes; and
WHEREAS, it is necessary to formally amend the original Agreement to reflect
the changed deadlines, responsibilities and obligations between the parties.
NOW, THEREFORE, on this It[th day of October, 2003 in consideration of the
premises of the original Agreement and the mutual obligations contained therein,
and in light of the changes in circumstance noted, each party agrees to and
covenants with the other as to the following amendments to the original
Agreement:
Part I, Section 1:
This Part and Section is amended by striking the second line of the second
paragraph referring to the clearance in the alley south of the project site and
inserting in lieu thereof.'
The alley shall be kept clear at all times and a minimum 15-foot 5-inch overhead
clearance shall be maintained.
2
Part I, Section 2(9): The date July 1, 2003 is hereby stricken in both occurrences
within said paragraph, and the date November 15, 2003 is inserted in lieu thereof
so the amended paragraph reads:
(9) The financing commitments which the Redeveloper will proceed with
due diligence to obtain to finance acquisition or construction of the Minimum
Improvements will be sufficient to enable the Redeveloper to successfully complete
the Minimum Improvements as contemplated in this agreement. Redeveloper will
obtain all financing commitments necessary for the construction of the Minimum
Improvements by November 15, 2003, and provide a copy of such commitments to
the City by such date. This agreement is contingent upon Redeveloper obtaining
financing upon such terms and conditions satisfactory to Redeveloper. In the
event such financing is not obtained by Redeveloper by November 15, 2003,
Redeveloper shall have the right to terminate this Agreement.
Part I, Section 5: The date November 1, 2003 is hereby stricken within said
paragraph, and the date December 1, 2003 is inserted in lieu thereof so the
amended paragraph reads:
The construction of the Project and Minimum Improvements referred to in
Section 301 of Part II hereof shall commence not later than December 1, 2003,
and shall be completed on or before November 1, 2005.
Part I, Section 6(e): The date July 1, 2003 is hereby stricken as it appears in said
paragraph and the date November 15, 2003 is inserted in lieu thereof so the
amended paragraph reads:
(e) Time for Submission of Evidence of Financing Ability. On or before
November 15, 2003, the Redeveloper shall submit to the City evidence satisfactory
to the City that the Redeveloper has the financial ability and commitments for
construction and mortgage financing necessary for construction of the Minimum
Improvements, as provided in Section 301 of Part II hereof.
Part I, Section 6(g): The date October 15, 2003 is hereby stricken as it appers in
said paragraph and the date November 28, 2003 is inserted in lieu thereof so the
amended paragraphs reads:
(g) Time and Place for Closing and Deliverv of Deed. If the conditions
precedent to closing set forth in Section 7 have been satisfied, the City shall
deliver the Deed and possession of the Development Property to the Redeveloper
on or before November 28, 2003, or on such other date as the parties hereto may
mutually agree in writing (the "Closing Date ",); provided, however that in the
event the conditions precedent to closing have not been satisfied, either the City or
Redeveloper may terminate this Agreement or waive or extend the time for
satisfaction of such conditions precedent. Conveyance of the Warranty Deed shall
be made at the principal office of the City on the Closing Date and the
3
Redeveloper shall accept such conveyance and pay to the City at such time and
place the Purchase Price in immediately available funds.
Exhibit E: Exhibit "E", "Legal Description of Redevelopment Property and Vogel
Property" of the Redevelopment Agreement is hereby amended by striking the
metes and bounds legal description contained therein and by substituting the
following legal description in lieu thereof:
Auditor's parcel 2002065, according to the plat thereof recorded in Book 44, Page
297 of the records of the Johnson County Recorder's Office, otherwise described
as follows:
A portion of Block 64 of the Original Town, Iowa City, Iowa, the boundaries of
which are described as follows:
Beginning at the Northeast comer of Block 64, Original Town, Iowa City, Iowa;
Thence S00°07'00"E, along the East line of said Block 64, a distance of 179.13
feet to the Northeast comer of an amended easement agreement recorded in Book
725 at Page 327 in the records of the Johnson County Recorder; Thence
S89°53'00"W, along a northerly line of said amended easement agreement and its
westerly extension thereof, 222.00 feet to a point on the easterly line of a parcel of
land described in a quit claim deed recorded in Book 1320 at page 5 in said
Recorder's records; Thence N00°07'00"W, along said easterly line, 179.54 feet to
the Northeast comer of said parcel; Thence N89°59'20"E, along the northerly line
of the said Block 64, a distance of 222.00 feet to the Point of Beginning,
containing 0.914 acre and subject to easement and restrictions of record.
All terms and conditions of the original Agreement not specifically amended by
this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this Amendment to
Agreement to be duly executed in its name and behalf by its Mayor and its seal to
be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has
caused this Agreement to be duly executed in its name and behalf by its authorized
representative, on or as of the day first above written.
(SEAL) CITY OF IOWA CITY, IOWA
Mayor
4
ATTEST:
Mar~tn K. Karr, City Clerk
L.L.C.
· M~oen, President
STA~ OF IOWA )
)
CO~Y OF JONSON )
On this /'4 day of C)cn-oe, rr.~ , 20.~.~ before me a
Notary Public in and for said County, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a
Municipal Corporation, created and existing under the laws of the State of Iowa,
and that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of
said Municipal Corporation by it voluntarily executed.
[~. I SONDRAE FORT [
~-,lll~'~f4 Corem sslon Number 1597911
3.q o6 J -
Not~ Public ~n ~ ~or ~e State o~ Iowa
STATE OF IOWA )
)ss
COUNTY OF JOHNSON )
On this ,,~ day of ~)e:t-o~-. , 20~ before
me, the undersigned, a Notary Public in and for the State of Iowa, personally
appeared Marc B. Moen, to me personally known, who being by me duly sworn,
did say that he is the President of Plaza Towers, EL.C, an Iowa limited liability
company, executing the within and foregoing instrument to which this is attached,
and that no seal has been procured by said limited liability company; that said
instrument was signed on behalf of the limited liability company by authority of
its members; and that Marc B. Moen as officer acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the limited liability
company, by it and by him voluntarily executed.
,,,~, SONDRAE FORT J
Commission Number 1597911
Ifl~"l ~ '7. ~'~ ~ Notary Public in and for the State oflowa
S;/....sarah/64-1a/first amendment to agreement 10-8 final.doc
6
City of Iowa City
MEMORANDUM
Date: October 8, 2003
To: City Council
From: City Manager
Re: Plaza Towers
Enclosed in your packets is a request from Marc Moen for a 45-day extension of
the deadline for conveyance of Parcel 64-1a and the start of construction of
Plaza Towers. A resolution authorizing a revised Agreement is on the formal
agenda.
The original Development Agreement stipulated that financing of the Plaza
Towers project be committed by July 15, 2003, the property be conveyed by
October 15, and construction begun by November 1. A financing commitment is
precedent to conveyance. As the Council can see from Mr. Moen's letter, he has
had some difficulties in obtaining the necessary financing for the project. The
staff became aware of these difficulties in July when the July 15th deadline was
not met. At that time, it appeared the developer could be successful in obtaining
financing in a timely manner such that the conveyance date of October 15 would
not be jeopardized. Unfortunately, that has not been the case.
Presently, the developer is working with a syndication company that appears to
hold promise for successful financing of this project. A representative of the
company will be present Monday evening for the work session.
Extension of the timeline within the Agreement will allow an additional 45 days for
this project to come together. The Council's choices at this juncture are to grant
the extension for the time period requested or terminate the Agreement with
Plaza Towers L.L.C. Within the next 45 days, there is little to nothing the City
could do to effectuate a change on this parcel to the benefit of the City.
Consequently, I would recommend the Council grant the extension.
Cc City Attorney
Director of Planning
//
PLAZA TOWERS
A COMMERCIAL 8,5 RESIDENTIAL DEVELOPMENT
SUITE 300, BREWERY SQUARE
123 NORTh1LnxrN STREET
IOWA C ITT, IOWA 52245-2147
E-MAlt.: mmoen@icialaw.eom
TELEPHONE: ~ACSIM1LE:
319.358.0400 319.338.2414
MOBILE:
319.430.3010
October 8, 2003
Mayor and City Council Members -- ~-'
CITY OF IOWA CITY (D c~
410 East Washington Street ' c->C=
Iowa City, Iowa ~ -< '~q ~
Re: 64-1a- PLAZA TOWERS rx~ -c~ ~
Dear Mayor and Members oftbe City Council: ~ ..
The Plaza Towers project has been bid and we are anxious to begin construction, u~
Financing has not been finalized and, understandably, the City will not transfer title to the land until financing
is finalized. We respectfully request an extension to close on the property fi.om October 15th to no later than
November 30th, 2003 with a start date on construction no later than December 1st rather than November 1~t.
I would like to give you a little background on the financing. We had a corunUtment fi.om Firstar hack in
October of 2001. We stayed in close contact with Firstar and its successor (osBank) on this project after that
point. We did not seek financing fi.om any other lender because of Firstar's and usBank's commitment to this
project. In April of 2003, we were advised for the first time that nsBank may not be willing to finance the
project and have since been advised in meetings with usBank that it placed a moratorium on loans for this
type project. This policy decision was made on a national level and has nothing to do with Iowa City or the
Plaza Towers Project directly. We have since negotiatmt terms and conditions for financing with BB
Syndication Services, Inc., a subsidiary of Banker's Bank in Madison, Wisconsin. Due to the late notice from
usBank, and the complexity of financing a project of this size, we need a short extension to finalize financing
and close on the property as outlined above.
We are totally committed to Iowa City and to this project. We have been working on this project for three (3)
years and have spent well over $1,000,000 on the project so far. The project has received overwhelmingly
positive support fi.om the community and beyond. A marketing office for this project is currently being
constructed at 105 East College Street and the interest in purchasing and leasing space at Plaza Towers has
far exceeded our expectations.
We are vepy appreciative of the support and cooperation you have shown us m the past and thank you for
your consideration of this request.
1427 East Davenport Street
Iowa City, IA 52245-3021
October 12, 2003
Dear Editor,
According to recent reports, Mark Moen has not yet obtained financing for the
'towers' he has proposed to construct on the lot just south of the library.
As some readers may not know, the city refused offers of approximately 1.7
million and one million dollars for this property. They may also be unaware that it would
have been obligated (by HUD) to spend sums realised in this way for the benefit of local
residents of modest means.
In July of 2002, the city then authorised Mr Moen to pay $250,000 for the lot--1.4
million dollars less than the higher bid mentioned above. It also granted him six million
dollars of tax-increment-financing ('T1F'), and set the stage for him to seek sixteen
million dollars more from a so-called "Bankers' Bank".
We have now learned that fifteen months haven't given Mr. Moen enough time to
raise this money, and the city manager has urged the Council to grant him a forty-five-
day extension.
We urge the Council to reject this recommendation, and seek friendlier
alternatives to the sleek structure Mr. Moen proposed, rather than throw good time after
bad. We also urge it to keep in mind that a million dollars in concrete assistance offer
more to poor people than spires in the sky when they die.
Sincerely,
Florence Boos
William Boos
Marian Karr
From: Ask Jim Knapp [askjimknapp@mchsi.com]
Sent: Tuesday, October 14, 2003 1:39 AM
To: council@iowa-city.org
Subject: The Edifice to The City
The Season To Be
While America Slumbers All Snug In Their Beds
With Visions of Sugar Plumbs
Dancing In Their Heads.
In The Third World Children
With Empty Stomachs Suck Their Thumbs.
They Have Little Food, Sleep and Few Meds.
The Season To Be Jolly?
A
Slave?
Not likely
I was born free.
I won't be a slave,
You see, I have a choice,
Born in the land of the brave
My birthrights give me a voice.
Slave master? Me? No, never i say.
Do you like my new necklace and shoes?
I bought them on sale just the other day.
There is nothing like shopping to cure the blues.
Yes Dear, Oh my, of course I'd like some more tea
And if you don't mind please pass me the paper too.
Of course not the front section., it's so depressing for me,
The ads will do.
Christmas
Is just a
Ways off.
I must start while the sales are on.
-Jim Knapp
Page 1 of 1
Marian Karr
$1,700,000 How many
homeless would that much money house?
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10/14/03
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139
RESOLUTION NO. 03-319
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET)/NORTHGATE
DRIVE TRAFFIC SIGNAL PROJECT.
WHEREAS, KWS, Inc. of Cedar Falls, Iowa, has submitted the lowest responsible bid of
$111,769.00 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 KWS,
Inc., 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 14th dayof October 20 03
MAYOR
Approved by _
cI'r~LERK ~;it~ Attorney's Office
It was moved by 0' Donne11 and seconded by Vanden'hoer the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
× Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
pweng~res\northgatetraff.doc
10/03
ADVERTISEMENT FOR BIDS
IOWA HIGHWAY 1 (DODGE STREET)
AND NORTHGATE DRIVE
TRAFFIC SIGNAL IMPROVEMENT PROJECT
IOWA CITY, IOWA
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 7th day of October, 2003, 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. Pro-
posals 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 14th day of October, 2003, or at
such later time and place as may be scheduled.
The Project will involve the following:
Construction of a new traffic signal system
including detectors, controller, master
controller, signal interconnect, and
miscellaneous appurtenances.
All work is to be done in strict compliance with
the plans and specifications prepared by
Anderson-Bogert Engineers & Surveyors, Inc., of
Cedar Rapids, 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
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 (1) year from and after its completion and
formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Calendar Completion Date: April 16, 2004
Specified Start Date: October 20, 2003
Liquidated Damages: $500 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Anderson-Bogert Engineers &
Surveyors, Inc., 4001 River Ridge Drive N.E.,
Cedar Rapids, Iowa 52402, by bona fide bidders.
A $15 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 Anderson
Bogert Engineers & Surveyors, Inc.
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 quantities,
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
CHESTER J. CULVER ~ LUCAS BUILDING, FIRST FLOOR
IOWA SECRETARY OF STATE DES MOINES, IOWA 50319
October 22, 2003
MARIAN KARR
%CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWA CITY, IA 52240-1826
RE: Filing of 28E Agreement between the CITY OF CORALVILLE and the
SOUTHGATE DEVELOPMENT COMPANY, JOHNSON COUNTY
Dear MS KARR
We have received the above described agreement which you have submitted
to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of October 22, 2003.
Sincerely,
Chester J Culver
Secretary of State
TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 03-320
RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY, THE CITY OF CORALVlLLE, AND SOUTHGATE
DEVELOPMENT COMPANY REGARDING CERTAIN OBLIGATIONS INVOLVING THE
DESIGN OF CAMP CARDINAL ROAD.
WHEREAS, Coralville, Iowa City, and Southgate desire to jointly design Camp Cardinal Road
from an area south of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City,
hereinafter referred to as the "Project"; and
WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2001), Iowa City, Coralville, and
Southgate desire to enter into an agreement outlining their respective duties and responsibilities
regarding said project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement
with Coralville, Iowa City, and Southgate Development Company, attached hereto and
incorporated by reference herein, and said agreement is hereby approved as to form and
content, and is found to be in the best interests of the citizens of Iowa City, Iowa.
2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement for
recording to the Offices of the Johnson County Recorder and for filing to the Iowa
Secretary of State, with recording and filing costs to be shared by both cities.
Passed and approved this 141:h dayof October ,20 03
.
CITY 'CLERK City Attorney's Office
It was moved by Vanderhoef and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E.Washington Street, Iowa City, IA 52240 (319) 356-5030
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVlLLE; THE CITY OF IOWA
CITY; AND SOUTHGATE DEVELOPMENT COMPANY REGARDING CERTAIN
OBLIGATIONS INVOLVING THE DESIGN OF CAMP CARDINAL ROAD FROM AN AREA
SOUTH OF CLEAR CREEK IN CORALVlLLE SOUTHERLY TO MELROSE AVENUE IN
IOWA CITY.
THIS AGREEMENT is made by and between the City of Coralville, Iowa, a municipal
corporation, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as "iowa City", and Southgate Development Company,
hereinafter referred to as "Southgate".
WHEREAS, Coralville, Iowa City and Southgate desire to jointly design Camp Cardinal
Road from an area south of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City,
hereinafter referred to as the "Project"; and
WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2001), iowa City, Coralville
and Southgate desire to enter into an agreement outlining their respective duties and
responsibilities regarding said Project.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. Purpose. The purpose of the agreement is to coordinate design of the Project and to fix
the financial responsibilities of each party.
I1. Consideration. The mutual consideration herein is the undertaking of the Project and
execution of this agreement by the parties.
Iii. No separate le,qal entity. No separate legal entity is created by this Agreement. The
City Council of each City will administer the City's duties hereunder.
IV. Desi,qn Services.
1. Consultant A,qreement. The parties have solicited proposals from numerous
engineering firms which are qualified and capable of providing engineering design
services including data collection, concept review, preliminary design, final design and
preparation of plats necessary for severance, annexation and acquisition. The parties
have selected the engineering firm of Snyder & Associates. Coralville shall enter into an
engineering consultant agreement with Snyder & Associates for said services in a form
acceptable to all parties. The total fee for all engineering design services shall not
exceed $475,000.00. With the exception of the cost of assessment plats and schedules
for work within Coralville, which shall be a separate line item in the contract and shall be
paid solely by Coralville, financial responsibility for payment of engineering services shall
be as follows:
iowa City: 28.9% of engineering fee
Coralville: 15.7% of engineering fee
Southgate: 55.4% of engineering fee
2. Payment of invoices and reimbursement to Coralville. Upon presentment of an
invoice by Snyder & Associates, Coralville shall review the same at its next regularly
scheduled City Council meeting and shall make payment in the ordinary course upon
approval by Coralville. After payment, Coralville shall present an invoice to Iowa City for
reimbursement of Iowa City's proportionate share of the previously approved invoice as
calculated in subparagraph (1) above and for 58% of Southgate's proportionate share,
which represents the percentage of the read traversing Southgate's property which lies
within Iowa City. Said invoice to Iowa City shall break down Iowa City's share and
Southgate's share and shall not include any financing costs incurred by Coralville. Iowa
City shall reimburse Coralville within 30 days of receipt of the invoice.
3. South,qate Reimbursement to Iowa City. Southgate promises to pay Iowa City all
amounts paid by Iowa City on Southgate's behalf pursuant to subparagraph 2 above,
together with interest at the rate of four percent (4%) per annum from the date each
payment is made by Iowa City. Said payment shall be made on or before July 1, 2004,
or the completion of engineering design services whichever is sooner, unless
subsequent agreement is reached between Southgate and Iowa City regarding the
financing of such amounts in connection with construction costs.
4. South,qate Reimbursement to Coralville. Southgate promises to pay Coralville all
amounts paid by Coralville on Southgate's behalf pursuant to subparagraphs 1 and 2
above, together with interest at a rate of four percent (4%) per annum from the date
each payment is made by Coralville. Said payment shall be made on or before July 1,
2004, or the completion of the engineering design services, whichever is sooner, unless
subsequent agreement is reached between Southgate and Coralville regarding the
financing of such amounts in connection with the construction costs.
Dated this 14th day of October ,2003.
ATTEST: ATTEST:
"~ncy J. Beuter Deputy City Clerk
SOUTH~
Title.
2
SOUTHGATE'S ACKNOWLEDGEMENT
STATE OF IOWA )
)SS;
JOHNSON COUNTY )
On this ~, day of ~2003, before me, the undemigned, a Notary Public in and for the
State of Iowa, pemonally appea"' red Teresa L. Morrow known, who, being by me duly sworn, did
say tha~ she is the Vice President of Southgate Development Company, Inc., the corporation
executing the within and foregoing instrument to which this is attached, that the seal affixed hereto
is the seal of the corporation; that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that Teresa L. Morrow,
as such officer acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by her voluntarily executed.
Io4~&l SHAR, WELDON I Notary Public in and for the State of Iowa
F~,~' Commisslo~ Nunll~' 1~81
r,,~' Mycom~o~r=~q~ I My commission expires; I,~,' I0' O_~
~' t~,.m.~ I
Iowa City's Acknowledgement
STATE OF IOWA )
) SS~
JOHNSON COUNTY )
On this /~- day of Oc-'rc, l~,E.~ ,2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr,
to me personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its City Council; and that Ernest W. Lehman and
Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed
and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed.
I,~l~al~,~.l mmtssionNumber 1597 I SONORAE FORT i '~'t-~.J~l.~. ~a-,~O
ff"~' ':'lC°~:'~or~missi°~'ExP'res"l| A Notary Public in and for the State of Iowa
I ~/~1 _-3 - ?- o ~- I My Commission expires: $ - ?- o/~
3
Coralville's Acknowledgement
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~ ,2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Henry C. Herwig and Nancy J. Beuter,
to me personally known, and who, being by me duly sworn, did say that they are the Mayor Pro-
tem and City Clerk, respectively, of the City of Coralville, 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; and that Henry C. Herwig
and Nancy J. Beuter acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily
executed. I.,~.1 LAURIE GOODRICH
~,~1 Commission Number 7114101 ~
A Notary Public in and for the State of Iowa
My Commission expires:
Eleanor~agt~cam pcardinalcontract designservices.doc
4