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HomeMy WebLinkAbout1997-05-20 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-148 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Suburban AMOCO - 370 Scott Court Passed and approved this 20th day of May , 1997. ATTE ST:~,(.4~/~"/ CITY CLERK MAYOR Ap p rove~,~ City Attorney's Office It was moved by Norton and seconded by be adopted, and upon roll call there were: Vanderhoef the Resolution AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerk\cigperm.res Pre WHEREAS, the required by law for BE IT RESOLVED BY granted and the City named persons and firms to ed by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. RESOLUTION TO ISSUE CIGARETTE PERMITS firms and persons have made application and of cigarettes, therefore CITY COUNCIL OF IOWA CITY, is hereby directed to i,, arettes: (319) 356-5( the mulct tax the applications be a permit to the following Suburban AMOCO - 370 Court Passed and approved this day ol ,199.7. MAYOR by ATTEST: CITY CLERK It was moved by be adopted, and up.u~ ES: Attorney's Office and seconded by ~ the Resolution roll call there were: NAYS: ABSENT: ~ Baker ~ Kubby % Lehman % Norton ~ Novick ~ Thornberry %, Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 97-149 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER 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, 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 3rd day of June, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 20th day of Hay 19 97. Attest: City Clerk pweng/wylde2.res Maydr (~/ Approved by '(~City Attorney s Office Resolution No. 97-149 Page 2 It was moved by Norton and seconded by adopted, and upon roll Call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Council Member Norton then introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AL AND MARY JO STREB, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhoef, Baker,Kubby, Lehman. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-150 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AL AND MARY JO STREB, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, this Council has set heating on a proposal found and determined that certain areas located within the City are eligible and should be designated as urban renewal areas under Iowa law, and approve and adopt the Scott - Six Urban Renewal Plan (the "Plan") for the Scott - Six Urban Renewal Area, which Plan is on file in the office of the City Clerk of Iowa City; and WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from A1 and Mary Jo Streb (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to pursue the development of an industrial park, dedicate an easement for sewer service and limit the price of land sold within the industrial park to encourage industrial development; and -2- WHEREAS, the Agreement further proposes that the City use up to 100 percent of the area incremental taxes for public improvements or financial incentives to businesses at the discretion of the Council and under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, Iowa Code Chapters 384 and 403 (the "Urban Renewal Law") and 15A authorize cities to provide infrastructure for economic development and offer grants, loans or other incentives for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapter, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein; and WHEREAS, neither the Urban Renewal Law nor any other Code provision sets forth any procedural action required to be taken before said economic development activities can occur under the Agreement, and pursuant to Section 364.6 of the City Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from 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: Section 1. That this Council meet in the City Hall, 410 E. Washington Street, Iowa City, Iowa, at 7: 00 o'clock p.M., on the 17th day of June, 1997, for the purpose of talcing action on the matter of the proposal to enter into a Development Agreement with A1 and Mary Jo Streb. Section 2. 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 -3- publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: -4- PASSED AND APPROVED this 20th day of May ,1997. ATTEST: Clerk -6- DEVELOPMENT AGREEMENT FOR THE SCOTT-SIX TAX INCREMENT FINANCING DISTRICT THIS CONTRACT and AGREEMENT, made and entered into this __ day of , 1997, by and between the CITY OF IOWA CITY, IOWA, a municipal corporation (hereinafter called "City"), and AL and MARY JO STREB, husband and wife, (hereinafter called "Developer") which expression shall include their successors in interest and assigns. WITNESSETH: WHEREAS, it is in Iowa City's public interest to foster the economic well-being of the community through industrial development in the City; and WHEREAS, the City and the region have found it difficult to carry out this purpose due to the high price of suitable land; and WHEREAS, the Developer and the City have concluded it is in the parties' mutual interest to pursue the development of an industrial park on land currently owned by the Developer; and WHEREAS, it is the intention and representation of the Developer that they shall undertake a project to develop and market industrial land at a price that is competitive for local industrial developments; and WHEREAS, the Developer desires that the City participate in the aforesaid project by facilitating the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the proposed industrial park; and WHEREAS, the City has a policy of encouraging economic development projects by finan- cially assisting businesses that generally comply with the financial assistance criteria as outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City"; and NOW, THEREFORE, in consideration of these premises and of the mutual promises and covenants hereinafter set out, the parties hereto agree as follows: Annexation, Rezonin.q, and Plattin.q. The City, in accordance with applicable laws and ordinances, has approved the Developer's applications for annexation, rezoning, and preliminary plat approval of the land described in Attachment A, attached hereto and incorporated by reference herein, such that said land may be zoned for intensive commercial and industrial land uses. The conditional zoning agreement adopted by Ordinance No.97-3779 and the preliminary plat approved by Resolution No. outlined the specific development conditions which must be met for the subject site. Urban Renewal Plan: The City has adopted, in accordance with applicable laws and ordinances, Resolution No. , implementing the Scott-Six Urban Renewal Plan, for the land described in Attachment A. The Scott-Six Urban Renewal Plan outlines the availability and criteria for the provision of tax increment financing through direct grants, loans, or rebates to those qualifying businesses engaged in light manufacturing or wholesale trade and warehousing as permitted in the Intensive Commercial (C1-1) Zone, as well as for those qualifying industrial businesses permitted in the General Draft - May 7, 'i997 Industrial (I-1) Zone. Qualifying businesses shall be determined by the City Council based upon the business substantially complying with the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". The Urban Renewal Plan also outlines the availability and criteria for the provision of tax increment financing for the purposes of financing public improvements, such as, but not limited to, sidewalks and arterial streets. Tax Increment Financin.q District. The City has adopted, in accordance with applicable laws and ordinances, Ordinance No. __., implementing the Scott-Six Tax Increment Financing District for the land described in Attachment A. Section z~03.19 of the Code. of Iowa, (1997) allows, in an economic development urban renewal area, the division of revenue for a period not to exceed twenty years from the calendar year following the calendar year in which the city first certifies to the county auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue as provided in section z~03.19. The parties hereto agree that the Scott-Six tax increment financing district shall be in place for the maximum time period allowed by law under Iowa Code Section 403.19 (1997), unless the City Council determines that the goals of the district under the plan have been accomplished, and there exists no outstanding debt under the district. Use of Tax Increment Financing. Pursuant to the authority granted by Iowa Code Section 403.19 (1997), it is agreed that up to one hundred percent of the incremental property taxes generated by the incremental value added to a site may be used for public improvements and/or for a business' project, at the City's discretion after review of the business' project under the guidelines included in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". A business qualifying for the use of tax increment financing in Paragraph 2 may receive the benefits of tax increment financing for a period not to exceed the maximum life of the tax increment financing district as outlined in Paragraph 3. Land Price Ceilin.q. The Developer agrees not to sell any of the land zoned I-1, Industrial, and described in Parcel II of Attachment A for a price greater than 5 per acre, plus an increase of __% per acre on , 1 of each year following , 1, 1997. Any individual or business may purchase land in the industrial park, subject to zoning and covenant restrictions. Only those businesses purchasing or leasing real property within the I-1 zoned industrial park and requesting the use of tax increment financing shall be considered to be within the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City." No Property Tax Exemption. The parties hereto acknowledge and agree that the Developer, its successors and assigns shall not without City of Iowa City Council approval apply for nor be eligible for the partial property tax exemption for industrial property provided by Iowa City City Code Title 3, Chapter 2, as adopted pursuant to Chapter 427B Code of Iowa, or for any other tax exemption that may be or may become available to the Developer or its successors with regard to the land described in Attachment A in its entirety. When approving or disapproving the allowance of such an application, the City Council shall consider the guidelines included in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City", as well as the financial condition of the Tax Increment Financing District. 2 Draft - May 7, 1997 Sanitary Sewer and Water Main Tap-On Fees. As a portion of Iowa City's public contribution to the industrial park, the City shall assume the obligation of payment for all sanitary sewer and water main tap-on fees as required under Iowa City development regulations for those lots zoned I-1, Industrial and described in Parcel II of Attachment A. This assumption of payment obligations by the City shall not apply to individual service connection fees. Scott Boulevard Trunk Sewer Easement. The Developer shall dedicate to the City, without compensation, the Scott Boulevard Trunk Sewer Easement as shown on the Scott-Six Industrial Park Preliminary Plat, which was approved by Resolution No. Covenant with the Land. This contract and agreement, and all promises and covenants herein expressed, shall be deemed a covenant running with the land and with title to the land described in Paragraph 1 hereof, and shall be binding on the Developers, their successors and assigns in interest. CITY OF IOWA CITY DEVELOPER By: By: Naomi J. Novick Mayor AI Streb Attest: By: Marian K. Karr, City Clerk Mary Jo Streb Draft - May 7, 1997 STATE OF IOWA ) } SS.' JOHNSON COUNTY ) On this day of , 19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick 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. passed by the City Council, on the day of , 19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this __ day of , 1 9 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared AI and Mary Jo Streb, husband and wife, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Draft - May 7, 1997 Attachment A Legal Description for the Scott-Six Tax Increment Financing District Consisting of a tract of land described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Sec- tion 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence continuing NOO°O3'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, con- cave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1 605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NO0°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence SO0°03'29"E, 300.25 feet; Thence Sl 1 °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence SO2°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence SO2°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01°12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot r@diu~ curv@, concave Southwesterly, whoge 175.59 foot chord bears N59°59'OS"W; Thence N60o50'54"W, along said Right-of-Way Line, 3:37.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restric- tions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Sec- tion 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'O8"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence NOO°21'22"W, 65.50 feet; Thence Northeast- erly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NOl°12'12"E; Thence NO2°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence NO6°OO'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence NOO°O3'29"W, 300.25 feet, to a point on the Draft - May 7, 1997 Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. ecodev\sctt6agt.doc 6 NOTICE OF MEETING OF THE COUNCIL O THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF HE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEM ',NT WITH AL AND MARY JO STREB AND THE HEARING )N IOTICE is hereby given that the City of Iowa City, Iowa, will hold a publicaring on the 3rd day of June, 1997 o'clock__.M., in the City Hall, 410 E. ungton Street, Iowa City, Iowa, which meeting the Council proposes to take addit action on the proposal toer into a Development Agreement (the "Agreement") with and Mary Jo Streb (the veloper"). The Agreement w( the Deve Improvements (as defined in Agreement) on Scott - Six Urban Renewal ProArea as defin Development Agreement, of an indu obligates the Developer to dedicate price of land in the industrial park. loans or other financial incentives to bu discretion; and in accord with its economic to construct certain Minimum real property located within the and legally described in the park. The Agreement further for sewer right...of-way and limit the Agreement, the City would offer grants, .es locating in the industrial park, at its policies. A copy of the Agreement is on fil hours in the office of the City Clerk, inspection during regular business City, Iowa. At the above meeting the resident or property owner of said Ci the Developer. After all objections at this meeting or at any will abandon the proposal to il shall oral or written objections from any to the to enter into the Agreement with been rece ~d considered, the Council will thereof, take additi, al action on the proposal or said Agreement. This notice is given by o of the Council Of Iowa Section 364.6 of the City )flowa. Iowa, as provided by Dated this of ,1997. City Clerk of Iowa City, Iowa (End of Notice) -5- 05/15/97 17:~0 243 2149 tilLERS LAW FIRlt[ Couacfi Member MARY seconded then intro( entitled "RESOLUTION FIXING DATE FOR A MEETING TO ENTER INTO A DEVRT.OPMENT AGREF_/VIENT STRF. B, AND PROVID]~IG FOR PUBLICATION OF same be adopted. Counca~ Member adopt. The roll was called and the vote was, AYES: NAYS: adopted as follows: R.ESOLUTION TO ENTER INTO A MARY J-0 STREB, NOTICE TI-IF~REOF DATE MEETING ON TIlE PROPOSAL AGREEMENT WITH AL AND ILICATION OF WI~.RI~.AS, thi.q Councu~l has set certain areas loc~ ~thin ~e Ci~ ~ew~ ~ ~der Iowa hw, ~d (~o 'TI~") f~ ~e Sco~- Sk ~ C~ Cl~ ~d on a proposal found and determined that and should be designated as urban adopt the Scott - Six Urban Renewal Plan which Plan is on file in the office of WHE~, frt is as part of the __ the Project Area be redeveloped and WltE~, the has receivcd a proposal from Mary Jo Strcb (the '~)eveloper'~), in the of a proposed Development A (the "Agreement") by and between the ?er, pu~uaut to ' other things, the Developer would pursue the development of an dedicate an easement for 5er~ce and limit the price of laud sold w/thin the park to ~acom~age development; and 05/15/97 16:26 8515 243 2149 AHLERS LAW FIRM ~004 Council Member then.intmducod the following Kesolution entitled '~,.ESOLUTION FEKING DATE FOR A MRF. TING ON TIlE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AL AND MARY JO STREB, AND PROVIDING FOR PUBLICATION OF NOTICE THRREOF", and moved that the same be adopted. Counofl Member seconded the motion to adopt. The ton was called and the vote AYES: NAYS: Whereupon, duly adopted as follows: RESOLUTION TO ENTER INTO A MARY JO STREB NOTICE TI-mREOF FOR A MEETING ON 17-1F. PROPOSAL AGtLEBMENT WITH AL AND ?ROVIDINO FOR PUBLICATION OF · WHEREAS, this Council certain areas located within the renewal areas under Iowa law, (the "Plan") for the Scott- the Recorder of Jolm~on and found and determined that and should be designated as urban Scott - Six Urban Renewal Plan which Plan is on file in the office of WI-IE~, it is properties w~;u theProject Area be rcdo~clopcd ~' of~e ove~[ red ~a ~vered by s~d PIa~: ~d De~I~"),.M ~e ~n ofa pr~osed Developer ~fi~t (~"A~e~t") by ~d be~e~ ~e ( ~ ~d ~e Dovel~, p~t m w~ch, ~ong o~ ~ngs, ~e Devdopcr w~d ~e to p~e ~e ~elopment of ~ ~du~ p~ ~~ ~ . ~ement ~ . ~ 'sc~ce ~d limk ~c p~ce ofl~d sold ~thin ~e'~du~ park to .mcomgc ~ s d~el~mg~d' ~ ~ -2- Prepared by: Steven Nasby, Community Development, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356- 5248 RESOLUTION NO. 97-151 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TOTHE 1994 SUPPLE- MENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (A.K.A. FLOOD #2) PROGRAM BUDGET. WHEREAS, the City of Iowa City is the recipient of Supplemental Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Public Law 103-211; and WHEREAS, on July 19, 1994, the Iowa City City Council adopted Resolution No. 94-250, authorizing filing of the 1994 Program Statement for the use of Supplemental CDBG funds; and WHEREAS, this amendment to the 1994 Supplemental CDBG Program Statement allows the City to under- take the Wylde Green Road Sanitary Sewer Project according to HUD guidelines; and WHEREAS, the funding allocated to this project will allow Iowa City to complete the 1994 Supplemental CDBG program; and WHEREAS, on April 17, 1997, the Housing and Community Development Commission recommended approval of this budget amendment, attached hereto as Exhibit A. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The amendment to the 1994 Supplemental CDBG Program Statement attached hereto as Exhibit "A" is hereby authorized and approved. The City Manager is hereby directed to file said amendment with the U.S. Department of Housing and Urban Development. Passed and approved this 20th day of Hay , 1997. ATTEST"~~ClT~Y C~LL Ei~K ' (/('/]~ ppdcdbg\budgamnd.res City Attorney's Office Resolution No. 97-151 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef EXHIBIT A SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SECOND ALLOCATION AMENDED PROGRAM BUDGET SUMMARY Project Activity Acquisition of Land Relocation Assistance Rehabilitation/Replacement/Demolition Infrastructure Improvements Administration & Planning TOTAL Sources of Funds Supplemental CDBG Fund #2 TOTAL July 1994 September 1995 May 1997 Ori.qinal Budget Amended Budget Proposed Budget $820,000 $820,000 $777,813 350,000 0 0 0 350,000 77,702 0 0 400,000 132,000 132,000 46,485 $1,302,000 $1,302,000 $1,302,000 $1,302,000 cdbg~budgsurnm.amd Prepared by: Steven Nasby, Associate Planner, z~10 E. Washington St., Iowa City, IA 522z~0 (319) 356-5248 RESOLUTION NO. 97-152 A RESOLUTION AUTHORIZING AND APPROVING ~85,000 IN CITY GENERAL FUND AND $100,000 IN FY96 HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING FOR A PROJECT TO PROVIDE HOUSING FOR WORKING PERSONS LIVING ALONE (SINGLE ROOM OCCUPANCY HOUSING). WHEREAS, the City of Iowa City is the recipient of HOME Investment Partnerships (HOME) funds under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 (P.L. 101-625), as amended; and WHEREAS, on February 20, 1997, the Housing and Community Development Commission recommended the reallocation of $100,000 in FY96 HOME funds for the acquisition of a building to be used for single room occupancy housing for working, low income individuals transitioning into self-sufficiency; and WHEREAS, the project addresses the housing needs of low income persons, in particular homeless and near homeless persons, and helps achieve the goals for affordable and supportive housing set forth in CITY STEPS, Iowa City's Consolidated Plan for 1995-2000; and WHEREAS, the City Council finds that the FY96 HOME funds and approval of $85,000 in General Fund monies as part of the City's required HOME match is an essential part of the CITY STEPS Plan and will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that The allocation of $85,000 in General Fund and t~100,000 in FY96 HOME funds for the provision of single room occupancy housing is hereby authorized and approved. Passed and approved this 20th day of Hay , 1 997. CITY CLERK ppdcdbg\sro2.res MAYOR( City Attorney's Office Resolution No. 97-152 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City ME / ORAN Date: To: From: Re: May 15, 1997 City Council Community Development Staff Purchase of 716 N. Dubuque Street for SRO Transitional Housing In FY96 HCDC and the City Council allocated $100,000 in HOME funds for the purchase of a building to be used for single room occupancy (SRO) transitional housing for persons worldng and living alone. This SRO project will assist people from the homeless shelter and other very low-income individuals. The funds were allocated to purchase a building similar in scope to the nine-room home at 416 S. Dodge Street. Staff, with the assistance of a local realtor, has been searching for suitable buildings since July, 1996, without much success. Several months ago a 21-room building located at 716 N. Dubuque Street came on to the market. Theresa Kopatich, of D&K Properties, approached us with a proposal for this property which presented a unique opportunity to expand the SRO program. Theresa and staff have worked through various financing scenarios which present a benefit to both parties. At present, the following financing breakdown is comprised of both private and public resources. 8190,000 8100,000 8 85,000 8375,000 Private market rate loan (Hills Bank) HOME grant City HOME match account (15 year 0% loan) TOTAL ACQUISITION COST This arrangement will allow the City to utilize F¥96 HOME funds, generate match and leverage private resources. For FY97 we have a HOME match obligation of about 8125,000. The HOME program requires the City to match 25% of all HOME dollars with private non- federal dollars. Funding this SRO project, with the City's HOME account, will help us to meet the federal requirement for FY97. In return for this investment we will have rent controlled units affordable to persons without rent assistance for 15 years [nine rooms at 81 25 - 8150 a month and 12 rooms at HUD Fair Market Rent (8248)]. To qualify for this program a person must be working and living alone. In addition, priority will be give to persons who are currently living in a homeless shelter and who are participating in the Early Bird program or similar program with support services. At its February 20 meeting HCDC recommended the allocation of $100,000 in FY96 HOME funds to be used for the acquisition of 716 Dubuque Street. The anticipated date of possession is May 30, 1997. ppdcdbg/sro-hsg.doc Prepared by: Liz Osborne, Housing Rehab., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-153 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THE MORTGAGES FOR THE PROPERTY LOCATED AT 326 EAST FAIRCHILD STREET, IOWA CITY, IOWA WHEREAS, on May 7, 1996 the property owners of 326 East Fairchild Street executed mortgages in the amount of $33,961 through the City's Housing Rehabilitation Program; WHEREAS, due to a typing error the legal description on said mortgages is incorrect; and WHEREAS, these documents created a lien against the wrong property; and WHEREAS, the mortgages need to be released. 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 legally described in said Mortgages from the Mortgage recorded on May 31, 1996 in Book 2091, Page 44 of the Johnson County Recorder's Office and the Mortgage recorded on May 31, 1996 in Book 2091, Page 49 of the Johnson County Recorder's Office. Passed and approved this 20th day of May ,1997. A ve. y ATTEST: j/f~./~ /~, ~,/._.)~/)~ ~~ ~Y~/~ ,~L(~-~7, CITY CLERK / City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdrehab/326efair. res/doc RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: The East 40 feet of the South 70 feet of Lot 8 in Block 55 in Iowa City, Iowa, according to the recorded plat thereof. It is also agreed that the purchaser accepts easement for the existing water line which serves No. 326 E. Fairchild Street for which the water pipe goes through the basement of this house at No. 328 E. Fairchild St., Iowa City, Iowa. from an obligation of the property owners, Sherry S. Long, Harry W. and Paulette P. Hinckley, to the City of Iowa City in the principal amount of $33,961 represented by Mortgages recorded on May 31, 1996 in Book 2091, Page 44 and Book 2091, Page 49 of the Johnson County Recorde¢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 documents. CITY CLERK Ap v,. by City Attorney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this £/://~ day of nd f~o' , A.D. 19 ¢7 , before me, the under- signed, a Notary Public in a said County, in said State, personally appeared Naomi J. Novick and Susan Ko ~/a'l sh to ~en~onally known, who being by me duly sworn, did say that they are the Mayor and"U---h'~vClerk, 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. 97-153 adopted by the City Council on the 20th day Ma~v ,19 97 and that the said Naomi J. Novick andSusan K,Wa¥.shas 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. ppdrehab\326efair. rel/doc Notary Public in and for Johnson County, Iowa Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319~356-5142 RESOLUTION NO. 97-154 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IIVIPROVEIVIENTS FOR LOTS 22, 23, 34 AND 35 OF WEST SIDE PARK, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer improvements for Lots 22, 23, 34 and 35 of West Side Park as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements Are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 20th day of Ma.y , 1997. Approved by It was moved by Norton and seconded by adopted, and upon roll call there were: ey s Office pweng\westside.res Vanden'hoer the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY May 12,1997 Honorable Mayor and City Council Iowa City, Iowa RE: Lots 22, 23, 34 and 35 of West Side Park Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer public improvements for Lots 22, 23, 34 and 35 of West Side Park has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the storm sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richai"d A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 o (319) 356-3000 · FAX (319) 3:56-5009 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 97-155 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC. D/B/A BLIMPIE & UNCOMMON GROUNDS FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Out to Lunch, Inc. d/b/a Blimpie & Uncommon Grounds applied for temporary use of the public right-of-way at 118 S. Dubuque St. for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the Easement Agreement for Temporary Use of Public Right-of-Way (hereinafter "easement agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said easement agreement, and direct copies of this resolution together with the application and signed easement agreement to the applicant. The City Clerk is hereby directed to record this Resolution and easement agreement with the Johnson County Recorder at City expense. Passed and approved this 20th day of Hay ,1997. MAYOR CITY CLERK clerk\outdoor. res Approved by Resolution No. 97-155 Page It was moved by Nor'ton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: May 7, 1997 To: Design Review Committee From: David Schoon, Economic Development Coordina~or_~,/. --'~ . Re: Sidewalk Cafe at 118 South Dubuque Street (Uncommon Grounds & Blimpie) Out to Lunch, Inc. has submitted a renewal application for a sidewalk care at 118 South Dubuque Street (Uncommon Grounds & Blimpie). The sidewalk cafe ordinance requires that the design of sidewalk cafes be subject to the design review process of the Design Review Ordinance. The applicant has verbally indicated that the design of the care is substantially the same'as the design approved last year. The Committee has indicated that if the design of a care is substantially the same as a previously approved design, the Committee does not need to review a renewal application. Therefore, the Committee will not be reviewing this application. CC: Laurie Tulchin....~ City Clerk ~-~ f:\drc\sidewalk Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 97-156 RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCREASE THE DENSITY FROM 2-8 DWELLING UNITS PER ACRE TO 8-16 DWELLING UNITS PER ACRE FOR AN APPROXIMATE 2.38 ACRE AREA LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD. WHEREAS, the subject property is located at the intersection of an arterial street and collector street; and WHEREAS, the Comprehensive Plan encourages the location of moderate intensity land uses in such locations; and WHEREAS, the Iowa City Comprehensive Plan, including the vision statement "Iowa City Beyond 2000"' encourages the inclusion of diverse housing types within neighborhoods; and WHEREAS, amending the land use plan to designate medium density residential development in this location would be in conformance with the policies stated in the Iowa City Comprehen- sive Plan and Iowa City Beyond 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Comprehensive Plan Land Use Map is hereby amended to indicate that medium density residential development at 8-16 dwelling units per acre is appropriate for an approximately 2.38 acre parcel located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. Passed and approved this 20th day of Flay , 1 997. ppdadmin\amendcp.res Resolution No. 97-156 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 522z~O (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Woods Associates II, L.L.P., filed with the City Clerk the final plat of Walden Hills, 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: Beginning at the Northeast Corner of the North One-Half of the Southeast Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, said Point being on the West Line of Walden Wood Parts 3-7, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 39, of the Records of the Johnson County Recorder's Office; Thence SO0° 14'02" E, along said West Line, 1 267.03 feet, to the Northeast Corner of the Tract of Land Conveyed to the City of Iowa City, Iowa, a municipal corporation, by Warranty Deed, Recorded in Deed Book 2059, at Page 97, of the Records of the Johnson County Recorder's Office; Thence S89°24'58" W, along the North Line of said Conveyed Parcel, 772.1 9 feet, to its intersection with the Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N45°O2'14"W, along said Easterly Right-of-Way Line, 708.80 feet, to a Point 225.0 feet Radially distant Northeasterly from Centerline Station 1'535 + 00, Thence N47 o 13' 55" W, along said Easterly Right-of-Way Line, 751.84 feet, to its intersection with the West Line of the East 15 Acres of the Northwest Quarter of the Southeast Quarter of said Section 18; Thence NO0°18'02"w, along said West Line 249.76 feet, to the North Line of the North One-Half of said Southeast Quarter; Thence N89°34'O4"E, along said North Line 1821.79 feet to the Point of Beginning. Said Tract of Land contains 40.54 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements and 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. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 1997. MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll calf there were: AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Venderhoer ppdadmin\waldenfi. res Form 653.C Page 2 FT:I~-~ ~ CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Johnson County, Iowa: The Council of the City of Iowa City, in said County met on May 20, 1997, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION NO. 97-157 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1997 (AS AMENDED LAST ON , 19 _). Be it Resolved by the Council of the City of Iowa City, Iowa: Section1. Following notice published May 13, 1997 and the public hearing held on May 20, 1997, the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 Less: Uncollected Property Taxes-Levy Year 2 = Net Current Property Taxes 3 Delinquent Property Taxes 4 TIF Revenues 5 Other City Taxes 6 Licenses & Permits 7 Use of Money & Property 8 Intergovernmental 9 Charges for Services 10 Special Assessments 11 Miscellaneous 12 Other Financing Sources: 13 Total Revenues & Other Sources 14 EXPENDITURES & OTHER FINANCING USES Community Protection 15 (police,fire,street lighting, etc.) Human Development 16 (health, library, recreation, etc.) Home & Community Environment 17 (garbage, streets, utilities, etc.) Policy & Administration 18 (mayor, council, clerk, legal, etc.) Non-Program Total Expenditures 19 Less: Debt Service 20 Capital Projects 21 Net Operating Expenditures 22 Transfers Out 23 Total Expenditures/Transfers Out 24 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 25 Beginning Fund Balance July 1 26 Ending Fund Balance June 30 27 Reason; Total Budget as Certified Total Budget after or Last Current Current Amended Amendment Amendment 19,766,220 0 19,766,220 19,766,220 0 19,766,220 62,000 440,000 581,450 1,971,132 14,496,115 27,660,552 2,747,243 42,573,890 110,298,602 1,830,754 6,934,902 112,265 102,263 (802,320) 46,643,857 54,821,721 10,676,835 395,457 9,993,165 180,561 55,618,707 33,114,287 5,950,085 (96,891 82,238,792 33,593,414 8,674,037 150,904 22,994,007 29,570,604 50,570,748 3,871,906 23,627,890 47,704,095 105,866,682 81,297,509 4,431,920 (26,475,788) 40,645,416 33,200,896 45,077,336 6,725,108 Increases in revenues and expenditures, including revisions to capital improvement projects as noted in the notice of public hearing. 62,000 440,000 581,450 3,801,886 21,431,017 27,772,817 102,263 1,944,923 89,217,747 165,120,323 11,072,292 10,173,726 88,732,994 5,853,194 115,832,206 8,824,941 52,564,611 54,442,654 71,331,985 187,164,191 (22,043,868) 73,846,312 51,802,444 Passed this 20th dayof May ,1997. C ty Cler~ Resolution No. 97-157 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 97-158 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW STREET RECON- STRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, atthe Civic Center, until 10:30 a.m. on the 10th day of June, 1997. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 17th day of June, 1997, or at such later time and place as may then be fixed. Passed and approved this 20th day of Ma.y , 1997. MAYOR '"CITY CLERK pweng\willow3.res City Attorney's Office Resolution No. 97-158 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 97-159 RESOLUTION RESCINDING THE 1991 PERSONNEL POLICIES MANUAL AND ESTABLISHING AN AMENDED PERSONNEL POLICIES MANUAL. WHEREAS, Section 1-6-1 of the City Code provides that personnel procedures, rules, and regulations for the employees of the City shall be established by resolution of the City Council; and WHEREAS, Resolution No. 91-243 adopted by the City Council on September 17, 1991 established the existing Personnel Policies Manual; and WHEREAS, the City Council deems it in the public interest to update the existing Personnel Policies Manual to present-day needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: The existing Personnel Policies established by Resolution No. 91-243 are hereby rescinded. The Personnel Policies Manual attached to this resolution and by this reference made a part hereof are hereby established and adopted. Passed and approved this 20th day of Ma~v ,1997. It was moved by Kubby MAYOR and seconded by adopted, and upon roll call there were: City Attorney's Office Lehman the Resolution be AYES: NAYS: ABSENT: X X X humanrel/manual,res/doc Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Human Relations/Personne/ /l//emo DATE: May 14, 1997 TO: City Council FROM: RE: Sylvia A. Mejia, Personnel Administrator~fl~) Revised Personnel Policies The Personnel Policies were last revised in August, 1991. We recently completed another revision of the polici.es and a copy is attached for your review. The policies have been updated to include and/or clarify new information which has been disseminated in the form of memos to all employees. Compiling all of this information into one source allows for easy reference on the part of employees and supervisors. A brief summary of changes includes: Section 3.a. (p.1) The definition of protected classes has been revised to reflect all classes covered by the local ordinance including the recent addition of gender identity. Section 6.b. (p.6) A paragraph has been added regarding casual day. Section 6.c.(1). (p.6) The section regarding Commercial Driver's License has been expanded to clarify the employees responsibilities to notify the City if their license is suspended, revoked or cancelled. Section 6.c.(2). (p.7) Notifies employees of our practice of checking driver's licenses every 6 months and the consequences of driving without a valid license. Section 6.c.(3). (p.7) Notifies employees of our policy on insuring employees who drive City vehicles. Section 6.d. (p.8) The section on weapons has been moved from the Discipline section to the section explaining policies. Section 8.a. (p.9) Clarifies some areas of conduct which could result in disciplinary action. Section 9.a. (p.11) States the policy on confidentiality of medical files in compliance with the ADA. Section 9.g. (p. 12) Clarifies the City's nepotism policy by adding domestic partners into the policy. Section 10. (p.14) Incorporates safety items which previously were covered by individual memos into the policy. Added a new section on Workplace Violence. We believe that these revisions will help incorporate many topics previously covered either verbally or by memo into one document. In addition, clarifications have been made in areas where experience has shown that the policy was not specific enough or more information was needed. Once the policies have been approved, a copy will be provided to all employees for their review. CITY OF IOWA CiTY PERSONNEL POLICIES Revised March 1997 Approved by Resolution of City Council The Personnel Policies are not intended to create any contractual rights in favor of you or the City of Iowa City. The City reserves the right to change the Personnel Poli- cies at any time. Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 TABLE OF CONTENTS Introduction ............................................... 1 Administration ............................................. 1 Equal a. b. Employment Opportunity ................................ 2 General Policy Harassment (1) Sexual Harassment (2) Racial, Ethnic, Religious, Age, Sexual Orientation, Gender Identity, Disability or National Origin Harassment Complaint Procedure Consequences of Harassment AIDS Labor Relations ............................................ 4 Civil Service Coverage ....................................... 5 a. Rights and Benefits b. Appeal Rights Employee Relations and Conduct ............................... a. Public Relations b. Appearance-Grooming c. Licenses and Certifications/Notice Requirements/Insurability (1) Commercial Driver's License (2) D~iver's License (3) Insurability d. Weapons e. Supplemental Employment f. Personal Activities g. Education h. Religious Holidays 5 Employee Assistance Program ................................. 9 Discipline ................................................. 9 a. Disciplinary Measures b. Causes for Discipline Personnel Transactions ..................................... a. Personnel Files b. Public Information c. Job Desm4ption d. Position Classification e. Probationary Period f. Budgeted Positions g. Employment of Relatives h. Termination of Employment (1) Resignation (2) Retirement (3) Benefits Termination 11 Personnel Policies 3/97 Section 10 Section 11 Section 12 Salty .................................................. Conflict of Interest a. b. C. d. e. Employment Gifts Impartiality Use of Information Use of Public Property Political Activity .......................................... a. Acceptable Activities b. Restrictions 14 15 16 Personnel Policies 3/97 1 SECTION 1 INTRODUCTION The purpose of this manual is to set forth the policies by which personnel-related decisions made by either supervisor or employee, will be guided, and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and effectiveness is dependent upon the capability and performance of its employees. The City will strive to provide a good working environment, emphasizing individual achievement, open communication, and sensitivity to employee needs. SECTION 2 ADMINISTRATION These policies generally cover all City employees, however, temporary employees may not be covered by all provisions. Iowa City Public Library employees are subject to Personnel Policies as approved by the Library Board. These policies work to ensure that decisions will be made consistently and in line with overall City goals regarding employee relations. Questions of interpretation should be addressed to Personnel. The City Manager or his/her designee shall be responsible for the final interpretation and application of these policies to issues which are not specifically covered using the principles expressed herein as a guide. This document should be read in conjunction with negotiated labor contracts, and operating procedures published by Personnel and other City departments. Upon appointment to a budgeted position all employees of the City shall be furnished a copy of the City Personnel Policies and shall be advised of any substantive changes or amendments. SECTION 3 EQUAL EMPLOYMENT OPPORTUNITY a. General Policy It is the policy of the City of Iowa City to provide equal employment opportunities for all employees or potential City employees regardless of race, creed, color, sex, ancestry, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, except where age, sex, or physical abfiity constitute a bona fide occupational qualification necessary for job performance. This impartial judgment shall extend to all areas of personnel administration, and shall be consistent with all protections afforded by applicable federal and state statutes. b. Harassment The City of Iowa City is committed to providing a work environment which is free of harassment. Harassment may take many forms including behaviors which are overt or very subtle. Harassment may occur between members of the same or opposite sex, between employees and the public, Personnel Policies 3/97 2 between co-workers or between subordinates and a supervisor. Harassing behavior has the effect of creating a hostile or offensive work environment and is prohibited behavior. (1) Sexual Harassment Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co-workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, ques- tions, representations or physical contacts of either a sexual or non- sexual nature which are unwelcome to the recipient. Even harass- ment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and lewd gestures or physical conduct, but it is not limited to such activity. It may also include more subtle actions which are directed at an individual. (2) Racial, Creed, Ethnic, Religious, Age, Sexual Orientation, Gender Identity, National Origin or Disability Harassment Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of employee misconduct and is prohibited for all employees. Such harassment may take the form of slurs, graffiti, derogatory names and jokes, physical conduct, or offensive behavior relating to an individued's origins, physical characteristics or beliefs. Complaint Procedure The City will actively pursue and investigate complaints of harassment or denial of civil rights, and appropriate action will be taken. Employees who Personnel Policies 3/97 3 do encounter conduct which they believe violates this policy are encouraged to bring it to their supervisor's attention, and if the supervisor is the involved party, or if the employee prefers, to the Personnel Administrator, Personnel Staff, the Assistant City Manager or the City Attorney's office. All such complaints and records of resulting investigations shall be kept as confidential as possible while allowing the City to meet its obligation to investigate such complaints. There will be no retaliation against any employee for filing a complaint either formally or informally, or against any person for participating in the complaint and investigation process. Each complaint will be thoroughly investigated and resolved in a manner designed to remedy any past harassment and prevent any future harassment. Consequences of Harassment Harassment is unacceptable conduct in any form, and can be a batis for a discrimination charge against the City and/or an individual employee. It is the City's position that every employee has the right to work in an environment totally free of any type of harassment. Consequently, any employee who engages in prohibited conduct will be subject to disciplinary action, up to and including discharge. All employees have an affirmative duty to prevent harassment in the workplace by producing an environment that exposes and discourages harassment of any kind. AIDS The City of Iowa City is committed to the provision of equal employment opportunities for all employees of the City of Iowa City. Individuals with Acquired Immune Deficiency Syndrome (AIDS) are not considered any differently than any other employee of the City of Iowa City who has a disability or life threatening medical condition. The City recognizes that employees with a life threatening medical condition should be treated with compassion and understanding. Discriminatory practices directed at employees with AIDS will not be tolerated. Evidence of discriminatory practices will result in disciplinary action, up to and including termination of employment. The City recognizes, based on the most current scientific evidence, that individuals with AIDS, AIDS-Related Complex (ARC) or Human Immuno- deficiency Virus (H1-V) do not pose a risk of transmission of the virus to co- workers through ordinary work place contact. For the purpose of this policy all of these conditions are covered. The City also recognizes the need for AIDS education, available to all City employees, to increase awareness and understanding of this medical condition. Written information on AIDS is available from Personnel which may address more specific questions. Personnel Policies 3/97 4 Because there is no imminent risk of HIV infection by a co-worker in the normal work setting, employees are expected to continue to function in the workplace and interact with all employees in a professional and non- discriminatory manner. No special consideration will be given to employees who feel threatened by a co-workers condition. Employees who have questions regarding the Policy are encouraged to discuss them with their supervisor or the Personnel Administrator. Employees who demonstrate discriminatory action/behavior toward an individual with AIDS will be subject to disciplinary action, up to and including discharge. Such behavior includes but is not limited to refusal to work with an employee with AIDS, withholding of services and verbal or other harassment. The City will actively pursue and investigate complaints of harassment or denial of civil rights and appropriate action will be taken. Employees who encounter conduct which they believe violates this policy are encouraged to bring it to their supervisor's attention, or if the supervisor is the involved party, or if they prefer, to the Personnel Administrator, the Assistant CiW Manager or the City Attorney's office. Employees with AIDS, ARC or HIV or employees with family members with AIDS, ARC or HIV will be treated in the same manner as any other employee with a disability or life threatening medical condition or illness. Blue Cross/Blue Shield medical insurance and Long-Term Disability are available for employees who have need of these insurances. Sick leave and leave of absence provisions will be administered under standard City policy. The Employee Assistance Program (EAP) is available as a confidential service for information, short-term support counseling and referral to other community based resources. In the event that a formal referral is made to the EAP, it will be due to work performance concerns, as per current policy. An employee's health condition is personal and confidential, and the City of Iowa City will not release such information without the expressed written consent of the employee, except as required by law. SECTION 4 LABOR RELATIONS The City recognizes its duty to bargain collectively only with those employee organizations certified by the Public Employment Relations Board, as provided by state law. Pursuant to this requirement, the duties, obligations and rights of the City and each certified employee organization are set forth in the collective bargaining agreements mutually entered between the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. Personnel Policies 3/97 SECTION 5 CIVIL SERVICE COVERAGE All City employees appointed to budgeted positions have civil service status with the exceotion of the following: City Manager; Assistant City Manager; the Directors of Finance, Public Works, Housing and Inspection Services, Planning and Community Development, Parks and Recreation, Parking and Transit, and the directors of any other City department as may be created by an ordinance of the City Council; Personnel Administrator; City Attorney; Assistant City Attorneys; Civil Rights Coordinator, City Clerk; Deputy City Clerk; all Division Heads; Administrative Assistants; Assistants to the City Manager and Secretaries to the Department Heads; and any other positions specifically excluded by the Code of Iowa. a. Rights and Benefits Applicants for entry level or promotional positions will be tested through impartial examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of oral interviews and/or written, practical or physical agility examinations, as are appropriate to the position. b. ADt~eal Rights Following completion of probation, an employee covered by Civil Service who is suspended, demoted or discharged may appeal the disciplinary action to the Civil Service Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the suspen- sion, demotion or termination. SECTION 6 EMPLOYEE RELATIONS AND CONDUCT The work of every employee is important. On-the-job performance has an effect on the employee's success with the City of Iowa City, as well as having an effect on the quality of service to the citizens of Iowa City. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently towards achieving high standards of public service. a. Public Relations It is the responsibility of each employee when dealing with members of the public as well as other employees, to act in a courteous, responsive, and prompt manner. Personnel Policies 3/97 b. Ap¢earance-Grooming Employees are expected to maintain personal appearance and a level of grooming which is considerate of other employees, and projects an image which inspires the confidence of citizens and others with whom the employee must associate in the course of work. For employees out i_~ the field during hot summer weather, dress shorts and a T-shirt are acceptable attire unless safety concerns require long pants for protection. For employees working in air-conditioned buildings, shorts are not allowed. All employees are expected to wear clothing appropriate for a business office and public. contact. Employees provided uniforms are required to wear the uniform provided. Dress down or casual day is an opportunity for employees to shed nylons, ties and suits for the day. Employees must dress appropriately for an office environment, even when casually dressed. Employees are required to adhere to health, safety and sanitation standards while at work. c. Licenses and Certifications/Notice Rec~uirements/Insurabilit¥ No City employee may operate a city vehicle without proper licensing. Any individual who operates a city vehicle on the public right-of-way without a valid license appropriate to the vehicle being driven will be subject to disciplinary action up to and including discharge. Certain positions within the City require the possession and maintenance of a license or certification. If a position has such a requirement, it will be listed in the job announcement when the job is posted~ If the requirement changes while an employee is in a position, the employee will receive notice of such change and will be given a reasonable amount of time to comply with the requirement. If an employee loses a license which is a require- ment of the position they hold, the employee will be subject to disciplinary action, up to and including discharge. (1) Commercial Driver's License Employees required to possess and maintain a valid Commercial Driver's License must meet the notification requirements established by the Federal Commercial Motor Vehicle Safety Act of 1986. Under this act an individual with a CDL must: a) Notify his/her employer within 30 days of a conviction for any traffic violation (except parking). This is true no matter what Personnel Policies 3/97 (2) (3) type of vehicle the individual was driving at the time of the infraction. b) Notify his/her employer if his/her license is suspended, revoked, or cancelled, or ff the employee is disqualified from driving. Such notice must be made immediately to the employer on the first working day following knowledge of the suspension, revocation, or cancellation. Employees must provide such notice to their immediate supervisor (or in his/her absence to the individual acting in that capacity). Driver's License Employees required to possess and maintain a vahd Iowa drivers license are responsible for checking the expiration date and renew- ing the license prior to the expiration date. If an employee's license is suspended, revoked, or cancelled, it is the employee's responsibili- ty to notify his/her supervisor at the beginning of the first working day after receiving notice of the action. Employees are not allowed to drive any City vehicle without the approriate valid license. The City routinely runs driver's license checks on employees. An employee who has a license which is current at the time of the check but whose record shows it was suspended, revoked, or cancelled in the period of time since the last check, is subject to disciplinary action if they drove a City vehicle during that time or failed to notify their supervisor of the suspension, revocation or cancellation. Insurability Employees required to possess and maintain a valid driver's license must also remain insurable under the City's liability insurance. Failure to remain insurable due to excessive or serious violations will subject an employee to disciplinary action up to and including discharge. Employees with a valid license at the time of hire will be covered by the City's policy. If an employee later loses his/her driving privLleges the employee will be required to be evaluated by Employee Assistance Program (EAP) and to successfully complete any recommended treatment program. Following evaluation by the EAP a decision will be made regarding the employee's insurability under the City's insurance. A work permit does not meet the City's requirement for a valid license. It will be accepted as a substitute only after an evaluation by the EAP and a determination of insurability by the City. In no event will the City install an ignition interlock device on any City vehicle to meet the requirements of a work permit. Personnel Policies 3/97 8 d. Weapons No employee of the City of Iowa City shall carry a weapon while on duty. No weapons (knives, guns, etc.) are allowed on City property or in employee vehicles when parked on City property. An employee may not indicate in any application for a permit that his/her employment with the City in any way necessitates, warrants, or justifies issuance of a permit to carry a concealed weapon. Sworn officers of the Iowa City Police Department are exempted from this section. e. Supplemental Employment Supplemental employment outside regular City working hours must in no way interfere or conflict with the satisfactory performance of City duties. Supplemental employment which either creates or gives the appearance of a conflict of interest is prohibited. No employee is to conduct any supplementary employment during their scheduled working hours unless they are using authorized leave which has been approved in advance. Supplemental employment is not encouraged. f. Personal Activities Conducting personal or non-duty related activities is prohibited during hours of employment except in emergencies and with the approval of the supervisor. If it is necessary to place personal phone calls, such calls should be made at designated break times or during lunch time when possible. Personal phone calls should be made from a phone remote from area that are used by the public to conduct business. g. Education Advance approval from the City Manager is necessary for an employee to engage in any educational effort during normal working hours, other than that which may be provided by the City. Consideration of the request will be based upon the direct benefit to the City, and a demonstrated ability of the employee to effectively carry out the responsibilities of their position. Employees are encouraged to schedule educational programs outside of regular hours, whenever possible. The expense of educational seminars and training sessions required by the City will be paid by the City, in accordance with Department/Division guidelines h. Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays or services. Personnel Policies 3/97 Personal leave days, accrued vacation time, compensatory time, or in the absence of any of these, unpaid leaves may be used to cover such absences. SECTION 7 EMPLOYEE ASSISTANCE PROGRAM The City recognizes that a wide range of personal growth and health problems can affect employees' job performance. Examples of such problems include marital, family or financial difficulties, mental or personal problems, substance abuse or alcoholism. It is also recognized that while these problems are serious, they can be successfully resolved if identified and treated early. The City sponsors the Employee Assistance Program (EAP) as a means of assisting employees and their family members. This program is preventative in that it attempts to correct potential job performance difficulties at the earliest possible time. The program is in no way meant to interfere with the private life of the employee. Employees are encouraged to contact the EAP to discuss a personal problem before it affects their work performance. Any voluntary involvement with the EAP will be strictly confidential. Employees may contact the EAP by calling 351-9072. In the event that work performance is affected, a mandatory referral may be made by an employee's supervisor. More information about EAP services is available from Personnel. Substance Abuse (Alcoholism and Drugs) All City employees are eligible for and encouraged to seek treatment and rehabili- tation for alcoholism, problem drinking or substance abuse through the City's referral service and other available community resources. Alcoholism or drug addiction themselves are not causes for discipline. However, if they impact on-the- job performance including attendance, work performance, inter-personal or public relations, etc., disciplinary action will be taken. Nothing in this section relieves employees of responsibility for their own conduct on the job. SECTION 8 DISCIPLINE a. Disciolinarv Measures The responsibility of the City to maintain efficient operations may require taking disciplinary action against employees. The objective of disciplinary action is to correct behavior and produce efficient City operations; however, failure of the employee, after notice, to modify behavior may result in disciplinary action up to and including termination of employment. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. Personnel Policies 3/97 10 Causes for Discipline The following list is Lllustrative of but does not include all types of behavior for which disciplinary action may be taken. (1) Insubordination. (2) Failure to maintain a satisfactory attendance record. (3) Failure to satisfactorily and consistently perform the duties of the position. (4) Violations of City Drug and Alcohol Policy. (5) Failure to pass a drug and/or alcohol test as required by Federal Law. (6) Willful violation of departmental rules, City Personnel Policies or any other rules or regulations promulgated by the City. (7) Incompetency, inefficiency or negligence in the performance of duty. (8) Acting in a careless or negligent manner with City money, property or vehicles. (9) Activity which involves conflict of interest. (10) Falsification, alteration, deletion of required information or failure to include material information on any application or City record. (11) Operating City equipment or vehicles without proper license or permit. (12) Failure to maintain any required license or permit or failure to notify the City of loss of any such license or permit. (13) Conviction of a crime closely or directly related to the ability of the employee to perform their job effectively. (14) Abusive or improper treatment during the performance of duty to any member of the public, fellow employee or city official, including harassment on the basis of race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical handicap or disability; or any behavior which has the effect of producing a hostile work environment. (15) Disregard for safety policies and procedures, including proper use of safety gear, clothing or equipment. Personnel Policies 3/97 11 (16) Lying or providing false, inaccurate or incomplete information either verbally or in writing. (17) Improper use of telephone lines, long-distance service, FAX/pho- tocopy services, computers or other City owned property. SECTION 9 PERSONNEL TRANSACTIONS a. Personnel Files It is the policy of the City of Iowa City to permit access by all City employees to their personnel file maintained in the Personnel office. Access to these files and the information contained in them will be limited to the employee and other authorized supervisory personnel. Information related to employment, benefits, job performance or business will be maintained in these files. Confidential medical records are maintained separately from an employee's personnel file. City employees will be permitted access to their personnel files during regular Personnel office hours. Employees will be permitted to examine, take notes and make copies of any materials in their file. Employees wishing to examine their files during work hours must have the permission of their supervisor to leave their work site. A Personnel staff member must be present during this examination. An employee may request correction of any alleged misinformation contained in the file. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep' their personnel files up-to-date with all job-related information such as degrees obtained, seminars attended, and certificates of completion. In addition, employees are required to update their personnel files when they experience a change of name, address, phone, or emergency contact. b. Public Information The following employee information is classified as "Public Information" and will be given upon request to any individual or institution by Person- nel: Employee name Employee salary Employee hire date Employee job title Personnel Policies 3/97 12 do Information such as address, telephone number, birthdate, social security number, etc. is not public information and will not be released unless requested in writing by the employee. Job Description A job description will be developed and periodically reviewed for each position. Copies of job descriptions will be maintained in Personnel, and are available for employee review. Position Classification All positions are classified according to job duties, responsibilities, entry requirements and departmental needs. A major change in any of these factors may necessitate a review of job classification. Requests for review of a job classification may be addressed to the Personnel Administrator by any employee, by a supervisor, or may be initiated by the Personnel Administrator. All position classification review requests will be reviewed in accordance with applicable labor contract provisions. Probationary Period All new or promoted employees in a budgeted position will serve a probationary period to be specified upon appointment. The probationary period shall be used to closely monitor employees' work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance at any time during this period does not meet the required standards. Employee performance will be formally evaluated at the completion of the probation period. Probation- ary periods may be extended if performance does not meet required standards and the supervisor is willing to provide additional time for improvement. Budgeted Positions An employee may not hold two budgeted part-time positions. A part-time employee may, under certain circumstances, work temporary hours. This will only be done if the employee is willing to accept such hours and it is to the benefit of City operations to allow such an arrangement. Such hours will not result in overtime being paid. Both supervisors must approve and the employee's first priority must be the budgeted position. The supervisors and the employee must monitor hours to avoid overtime. Employment of Relatives Generally, no person shall be hired, promoted or transferred to a depart- ment of the City or to a division thereof when, as a result, the employee would routinely be directly or indirectly supervising or receiving direct or . Personnel Policies 3/97 13 indirect supervision from a member of the employee's immediate family. For the purpose of this section members of the immediate family are defined as: employee's spouse or partner by cohabitation, domestic par~ner, children, mother, father, son-in-law, daughter-in-law, mother-in-law, father- in-law, brother, sister, brother-in-law, sister-in-law, grandparents and grandchildren, step-children and step-parents. When any of the above relationships is created by marriage (or cohabita- tion) following employment, reasonable efforts will be made to find an acceptable alternative, or to eliminate the situation by transfer of one of the employees. Affected employees will first be given the option of deciding which employee will transfer. If no indication is given, seniority will be the governing factor and the least senior employee will be subject to transfer. h. Termination of Employment (1) Resignation Every employee is expected to give at least ten working days notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Resignations must be accepted by the City to be effective for benefit payment purposes. Generally, employees will be required to be at work on their last day. Extended vacation time will not be approved in the ten-day period prior to termination. (2) Retirement Employees are eligible to retire in accordance with applicable pension or retirement programs. Employees in the Police and Fire Department will retire in accordance with provisions of the laws of Iowa. (3) Benefits Termination Upon notice of resignation or retirement being received by Person- nel, applicable information regarding continuation of insurance coverage, benefits payout, IPERS benefit or refund, ~nal check and other information will be forwarded to the employee. Personnel will provide information to terminating employees; answer questions and assist employees if requested, however, it is the employee's responsibility to complete and mail all forms to the applicable agency. Personnel Policies 3/97 14 SECTION 10 SAFETY All City employees are responsible for implementation of job assignments in the safest manner possible. Prime consideration will be given to the safety of the employee and the general public. Employees will not be required to work in areas or to operate equipment which is a safety hazard to themselves or the public. Employees will wear appropriate safety equipment/clothing as required. Employees will receive appropriate training and are expected to follow appropriate safety standards. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as provided by state law. Smoking is prohibited in all City vehicles. The Iowa Occupational Health and Safety Administration establishes industrial standards for many City work functions. The City is committed to compliance with applicable standards. No City employee shall wear or use radio headphones, earphones or other similar devices at any time while at work, unless such devices are authorized by the Depart- ment/Division Head as necessary for safety reasons. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action. Mercy Occupational Health Clinic or in the case of an emergency, Mercy Hospital Emergency Room, is the City provided and approved treatment facility for work related injuries. Treatment for work related injuries by another physician will be allowed only upon referral from Mercy Occupational Health. Workplace Violence Prevention Providing a safe work environment is essential to the City. Acts or threats of violence against any City employee will not be tolerated whether from employee to employee or from the public toward employees. Any City employee initiating a violent act against another City employee or a member of the public will be subject to disciplinary action. Workplace violence includes any act of physical, verbal, written or electronic aggression within the work setting as well as destruction or abuse of property. All reports of violence will be reviewed in a timely manner. Generally such reports should be made to the employee's supervisor, however, should the supervisor be involved the employee may make the report to the Division Head, Department Director or Personnel Administrator. Personnel Policies 5 / 9 7 15 1.11 CONFLICT OF INTEREST City employees are prohibited from engaging in any conduct which represents or could be reasonably interoreted to represent a conflict of interest. Employees must avoid any action which might result in or create the appearance of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting City business. If an employee determines that he or she has an outside interest which may be affected by City of Iowa City plans or activities, or result in a conflict of interest or the appearance of such conflict, the employee must immediately report the situation to his or her Supervisor. Violation of any provisions of this section may be cause for discipline or discharge of the employee. a. Employment City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest on any supplemental job. City employees may not work for or invest in business concerns with whom they must deal in the course of their employment with the City. b. Gifts. State law prohibits employees from directly or indirectly soliciting or accepting any gift having a value greater than $2.99. Lunches or other meals are not acceptable as gifts from persons with whom the City does business, unless it is a community or public affair to which other community representatives are invited for a purpose other than to conduct business. City employees shall not accept any payment, other than that which is provided by the City, for work performed on behalf of the City. c. Impartiality No City employee may grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to all citizens. City employees must not secure special privileges or exemption for themselves or their relatives beyond that which would be available to all citizens. Personnel Policies 3/97 16 d. Use of Information Employees must not use privileged information for their own financial advantage or disclose information which would provide friends and/or family members with financial advantages. Each employee is charged with the responsibility of ensuring that he or she releases only information that may be made available to the general public. e. Use of Public Property No City employee shall request, use or permit the use of any publicly- owned property, vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the personal convenience or advantage of the employee or any other person except for that use which is generally available to the public. SECTION 12 POLITICAL ACTIVITY City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws and to ensure that the City will operate effectively and fairly, some guidelines are necessary: a. Acceptable Activities (1) An employee is free to express honest opinions and convictions or make statements and comments concerning wages or other condi- tions of employment. (2) An employee is free to actively participate politically in both partisan and non-partisan activities on off-duty time so long as the following restrictions are adhered to (see below). (3) An employee whose position is not federally funded is permitted to be a candidate for a partisan or non-partisan office, while a federally funded employee may be a candidate for a non-partisan position only. (4) An employee has the right to vote as he/she chooses and to express his/her opinions on political subjects and candidates. b. Restrictions (i) An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason of his/her position, solicit in any manner contributions for any political party or candidate or engage in any political activity. Personnel Policies 3/97 17 (2) An employee shall not, by the authority of his/her position, secure or attempt to secure in any manner for any other person an appoint- ment or advantage in appointment to a position or an increase in pay or other employment advantage for the purpose of influencing the vote or political action of that person. (3) An employee who in any manner supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate seeking election, or a political party or a candidate's political committee. (4) An employee who becomes a candidate for any elected public office shall, upon request of the employee and commencing any time within 30 days prior to a primary, special or general election, automatically be given a leave of absence without pay. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. perspolc.mnl Personnel Policies 3/97 18 The preceding policies are not intended to create any contractual rights in favor of you or the City of Iowa City. The City reserves the right to change the Personnel Policies at any time. Personnel Policies 3/97 14 10 SAFETY City employees are responsible for implementation of job manner possible. Prime consideration will be given to the and the general public. Employees will not be required or to )crate equipment which is a safety hazard to themselw s will wear appropriate safety equipm receive appropriate training and are expected safety stan in the of the )rk in areas or the public. as required. appropriate Employees wear seatbelts in all vehicles that are as provided by law. Smoking is prohibited in )ed with seatbelts, vehicles. The Iowa ml Health and Safety standards for many work functions. The applicable standards. ~tion establishes industrial committed to compliance with No City employee shall devices at any time while Department/Division Head r or use radio he. work, unle, necessary earphones or other similar such devices are authorized by the safety reasons. Employees will handle appropriate to the nature of the act in a manner which endangers, to disciplinary action. equipment of the City with due care and equipment employed. Employees who e safety of themselves or others are subject Mercy Occupational Health or Emergency Room, is the provided related injuries. Treatme~ for work relate allowed only upon from Mercy case of an emergency, Mercy Hospital approved treatment facility for work iuries by another physician will be Health. Workr)lace Violence Providing a safe ,rk environment is essential to'he City. Acts or threats of violence a ;e [nsl/ ' City employee will not be tolerated whether from employee to employee or/fr the public toward employees. Any~ity employee initiating a violent act a 7Jim' another City employee or a member of~he public will be subject to discipliy cy action. ~ Workplea violence includes any act of physical, ,verbal, or,written aggression wit the work setting as well as destruction or abuse of pro~krty. All )rts of violence will be reviewed in a timely manner. Gener/~ly such reports be made to the employee's supervisor, however, should thek~upervisor be the employee may make the report to the Division Head,k~)epartment or Personnel Administrator. ~ Policies 3/97 Prepared by: via Mejia, Personnel Administrator, 410 E. Washington St., Iowa C IA 52240 (319) 356-5026 RESOLUTION NO. RESOLI ESTABLI,~ RESCINDING THE 1991 PERSONNEL MANUAL AND AN AMENDED PERSONNEL POLICE MANUAL. WHEREAS, Section regulations for the em: and 1 of the City Code provides .~es of the City shall be establ procedures, rules, and by resolution of the City Council; WHEREAS, Resolution No. established the existing -304, adopted by City Council on September 17, 1991 el Policies and WHEREAS, the City Council Policies Manual to present-day it in the interest to update the existing Personnel NOW, THEREFORE, BE IT RESOLVEE IOWA, THAT: CITY COUNCIL OF THE CITY OF IOWA CITY The existing Personnel Polici rescinded. ]blished by Resolution No. 91-243 are hereby The Personnel Policies M a part hereof are hereb' :o this resolution and by this reference made dopted. Passed and approved this day of ,1997. MAYOR ATTEST: CITY It was move adopt by and seconded by upon roll call there were: )roved by '~ City "s Office .5~-/-~-- ~ 7 humanrel/manual,res/doc AYES: NAYS: ABSENT: the Resolution 'be Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Marcia Klingaman, Neighborhood Services Coordinator, City of iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248 RESOLUTION NO. 97-160 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council allocated $25,000 for Fiscal Year 1998 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood, and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations have been responsible for: -developing the criteria and format for the grant application, -establishing a method of evaluating the applications, -reviewing and evaluating the applications, -submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year and reporting to the City Council, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council has reviewed the applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A attached hereto and incorporated by reference herein and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 1997. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Passed and approved this 20th day of rvla.y , 1997. CITY CLERK City Attorney's Office ppdcdbg\pingrant.res Resolution No. 97-160 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Representing 21 Iowa City Neighborhood Associations EXHIBIT,,.A. r4f.,ool SIeve & Jan Locher Mike and Terry Finley Carl & Kate Klaus Chuck and Margaret Felling MO~ Lo~ch Pool & Sharon McDonald MEMO Date: May 16, 1997 To · Iowa City City Council From: Neighborhood Council of Iowa City Re: 1998 Program for Improving Neighborhood (PIN) Grant Recommendations We have recently reviewed the 1998 grant applications presented by various neighborhood associations for funding through the Program for Improving Neighborhoods (PIN) Grant program. As you may recall, this is the third year the City has made $25,000 in PIN funds available to neighborhood associations to make improvements in their neighborhoods. We developed the program guidelines, the ranking criteria, and process for evaluating the applications, and have formulated a recommendation for your review and approval at the May 20, 1997 City Council meeting. This year, seven applications from eight neighborhood associations totaling $29,000 were reviewed. One application from the Ty'n Cae Neighborhood Association, for the planting of seeds in the soon to be developed Kiwanis Park was withdrawn when the neighborhood was informed that the park development schedule was delayed due to the sewer construction project in the park area. Another applicant reduced their request so that the total amount requested would not exceed the $25,000 available. The Neighborhood Council was responsible for reviewing the applications and making this recommendation to the City Council. The review process included: applicant presenting applications the Neighborhood Council asking questions or requesting additional information a follow-up meeting to allow time for the neighborhoods to respond to these comments/questions. The applications were ranked according to a scale developed by the Neighborhood Council. This year, all applications fell within 1.5 points (out of a possible 75 points) of each other. 410 East Washington Street Iowa Cily, IA 52240-1826 ATTN: Marcia ~llngarnan Neighborhood Services Coordinator (3 ] 9) 356-5237 Attached are the applications with supporting documentation. The following briefly describes each of the PIN grants recommended for funding by the Neighborhood Council: WEST HIGH WALKWAY - $9500 - Ty'n Cae, Waldon Woods, Penny Bryne and SW Estates Neighborhood Associations - Installation of a gravel walkway connecting the parking area of West High School to the Willow Creek Trail that will be constructed this summer. TREES FOR THE WETLAND ~ PHASE 2 - $500 - Grant Wood Neighborhood Association - 10 trees - 6-7' tall river birch and red maples to be planted in Whispering Meadows Wetlands Park SIDEWALK REPAIR - $5000 - Grant Wood Neighborhood Association - replacement of damaged sidewalks required by the City through the sidewalk inspection process. Emphasis to assist low and moderate income homeowners. NORTH MARKET SQUARE IMPROVEMENTS- $5000 - Northside Neighborhood Association - purchase and install playground equipment and park benches at North Market Square Park. Parks and Recreation Department to match funding. LONGFELLOW TREES III- PRESERVING OUR HERITAGE - $1000 - Longfellozo Neighborhood Association - purchase and plant approximately 10 trees along the east and west sides of Governor Street between Burlington south to the railroad tracks. Century trees and other unique specimens will be prioritized. LOWER SANDUSKY DRIVE TREE PLANTING PROJECT - $4000 - Pepperwood Neighborhood Association - purchase and plant approximately 16 trees along Sandusky Drive. The applications that involved park or tree planting projects were presented to the Parks and Recreation Commission at their April 9, 1997 meeting. The commission expressed favorable comments regarding the projects and offered their support in their funding pursuit. The Neighborhood Council of Iowa City will provide a brief presentation of the 1998 Program for Improving Neighborhoods (PIN) Grant at your May 20 formal City Council meeting. We look forward to discussing the 1998 PIN Grant applications with you then. 1998 PIN GRANT REVIEW FUNDING REQUEST SUMMARY KIWANIS PARK PRAIRIE (withdrawn) ($2000) (original estimate) WEST HIGH WALKWAY - $2000 - DESIGN 1500 - GRADING 3500 - ROCK 4500 - ROLL AND SPREAD 11500 - TOTAL TREES FOR THE WETLAND - PHASE 2 GRANTWOOD SIDEWALK REPLACEMENT NORTH MARKET SQUARE IMPROVEMENTS LONGFELLOW TREES III- PRESERVING OUR HERITAGE LOWER SANDUSKY DRIVE TREE PLANTING PROJECT (revised) $1500 $1ooo $2300 $4900 $97oo less $200 $95oo $5OO $5000 $5000 $1000 $4000 TOTAL $25,000 CFllr OF IOWA CITY Name of Project: Name of Neighborhood Association: Ty' , Name/Address/Phone Numbers of Contact Persons: Location of Proposed Project: Estimated Amount of Funds Requested: Time Period of Proposed Project: From: ~!] l))~',~'7 To: Ze~ General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years) ~)t~t~ ~ C.~ [~ b~: /~a~.~', AI~ ~-/Yt Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: , List the names of potential resources (neighborhood and other) that will be utilized in this project: ~NOr A~e,.,, u~ =~,e~.,~ ~ g0~+k~ b~o~k') Volunteer 3. Ices O e~~,~c~d~,~,s~,~'.'~w~s4~,~A Type · Add additional pages if necessary. Cash 'CA Status Anticipated Committed r--1. Page ~BOGt~tlM FOI~ ~I~Pf/OVING ~IGH~'Ot~HO005 What are the goals for this project and why is it needed? · ' t~ · ' " ,:.,. 't~ ~ ~ .~&.?. :.-,z~c,.,$ ,~s .,.~H ~ .{I~,~ ~ '~.',.,~, Add additional pages if necessary. Does this project benefit low.income, elderly, yout!. o,r other disadvantaged y~outh? If yes, please explain. ,; iI~,' ~W ~,"~ ~ ~1.," ,-~,'"~, ~/~,..,~r~ ~.~-,~t,,.? ~;t" ~c~,,.r ,'~C',.."/ Could the project occur without PIN funding? Add additional pages if necessary. ~'..,~- /c' ,~ ' 't ~$ -' :- .~ .' ,' .~.., r ' Add additional pages if necessary. Could the project operate with less funding? ),':y 1-.'. ~., .~ /z~ ~ ~' .~ ., '.~.? , ,,; :. '~. 4. / ~ ? .~,' .'~ ~ . , ,, . ,. - ,~ .~ , ,.:~,. ~-.~ s ~:' ~ .-' ' "~ "?*'~~ ..... ~"' ' ~' .~' ~ ~,0, ~oS~ ~J/// ~ ~.~'e ; ~c'~'~ ~c ~,~ · "'~ ' Add additional pages if necessary. Will the project continue after the PIN funds end? Yes ?% No (If yes, what sources of funding will you use?) ' ' Add additional pages if necessary. EXPENSE CATEGORY /~'/~t Equipment/Supplies d~/~v¢ Project Materials _ ¢v ~ Professional Services ~.~ Contracted Improvements Other Costs (List) PIN FUNDS OTHER FUNDS TOTALS LIST SOURCE OF OTHER FUNDS ADD ADOITIOmAL PAGES TO PROVIDE DETAILS OF BUDGET Y o~ IOl~A CITY Name of Project:. Name/Address/Phone Numbers of Contact Persons: Name of Neighbo~ho'od Association: Location of Proposed Project: Estimated Amount of Funds Requested: ~f o~C / _~ } General List and Description of ActiVities with estimated time line: '~' )3 ~;~ 9' ~ 7- b e s"p' 4'"'"~ ~ " A~ 5' ~ 1"~"~7- cr~,~, rock ~,,~Z~_J .- Time Period of Proposed Project: (please indicate if this project will or could be phased over number of years) Dr-.~,~. co-ld he I~,~', A~I Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Volunteer Add additional pages if necessary. Status Cash Anticipated Committed Page Whet are the goalo for thio project and why Is it needed? ~x~r ~.d~.~, ~w~<er do ,~ al/~ ~;~%~, Add additional pages if necessary. Does this project benefit low.income, elderly, youth o~ other disadvantaged youth? If yes, please explain. Add additional pages if necessary. Could the project occur without PIN funding? Add additional pages if necessary. Could the project operate with less funding? Will the project continue after the PIN funds end? Yes ~ No {if yes, what sources of funding will you use?) Add additional pages if necessary. Add additional pages if necessary. EXPENSE CATEGORY EquipnmntlSupplies A~v¢~, Project Materials -- C~r,~.s J~ec~ Professional Services -' ~ Contracted Improvements Other Costs (List) PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS TOTALS CITY OR IOIVA CITY . Name of Project: Name/Address/Phone Numbers of Contact Persons: ~ROGRAMFOR ~MPROVING ~EiGHBORHOOD$' Name of Neighborhood Association: LooatJon of Proposed Project: Estimated Amount of Funds Requested: ~ = ~ ~ Time Period of Proposed Project: Ueneral Ust anq uescn~on oT ~vmes-w~ ;e~mated t~me line: ' ~'h'v~5:2~e~d) . , ;t~ ~ ~,~, . ~, ," 1, ,~ (please indicate if this project will. or cenM be phased e~er a number of years) ~S~. Co~l~ be I~e~,,All~/¢C Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: List the names of potential resources (neighborhood and other) that will be utilized in this project: ~/H~r ~ L ~k~ ~¢¢r.wt5 r,. ~'a~+k~ ~ m~ p~&") Volunteer Cash Add additional pages if necessary. Status Anticipated ¢ommi~ed r-1. Page ' What are the genie for this project and why is it nontied? Does this project benefit low-income, elderly, youth ot other disadvan~Ded youth? If yes, please explain. Yes~e~;~w ~e~ss ~ ~11 ~..~. C/w~e o~ 5~.d;~3 ~r// e~~ AbA Add additional pages if necessary. Could the project ocour without PiN funding? Add additional PaDes if necessary. Could the project operate with lee? funding? /Of. ~)~ ,~ ~?~,~ ;~ 4~ ~;x;~.~/~ ~ ~r/~ ~ . ~ ~. ~ ffoO, Cos~ W;// be m~ve ;4 ~ed~ me~¢ ?g~ I~/~' Addadditionalpaoesif nece~ary. Will the proje~ con[nee after ~e PI~ funds end? Yes ~ No , (If yes, what sources of fundenD will you use?} Add additional pages if necessary. EXPENSE CATEGORY Equipment/Supplies Project Materials -- ¢¥~.$ Professional Services ,~ ~ Contracted Improvements Other Costs (List) PII~ FUNDS OTHER FUNDS TOTALS LIST SOURCE OF OTHER FUNDS t o o · ' ADD ADDITIONAL PAllES TO PROVIDE DE!'AIL$ OF BUDgEl' 5'00 0o~ :7 ~1.' ~'OWA CITY Namo of Project:. ~ROBilAM FOR ~MPROVIN~ · Name of Neighborhood Association: ~I~/t80RHOOD$ ~amelAddresslPhone Numbers of Contact Persons: ':'L ~:,..r ~,., i'~: b.~'.,-.., '.'~ Location of Proposed Project:. Estimated Amount of Funds Requested: r'oll ~J ~'~w~,,, ,~. Geaeral List and Description of Activ~ies with estimated time line: , Time Period of Proposed Project: From:3 a et, I; qq7 (please indicate if this project will or could he phased over a h Add 'additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Cash Add additional pages if necessary· Status Anticipated Committed BOGSAM Page What are the goals for this project and why is it needed? ~ ~,~.~. ~¢~C~$ ~o ~ a/]o~ ~7~, Add additional pages if necessary. Does this project benefit low.income, elderly, youth or other disadvantaged youth? If yes, please explain. 1~3;~ ~es~ ~ ~t1~.~. ~/..y~ o~ ~.~;~2 ~;// ~~ ~b~ ~,~/~. Add additional pages if necessary. Could the project occur without PIN funding? Add additional pages if necessary. Could the project operate with less funding? Will the project continue after the PIN funds end? Yes ~ No {if yes, what sources of funding will you use?) ce~,~l~oI Add additional pages if necessary. Project Materials - Professional Services ,.' Contracted Improvements Other Costs (List) Add additional pages if necessary. EXPENSE CATEGORY ]~[~, PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS Equipment/Supplies .... ~.~_ zoo TOTALS / oo o Ir,,.~9' ~,.,-~[,..p p,..,,, * IIjb'oo * ~. /ao · Neighborhoods bond over trail extension By Brian D. Sharp The Press-Citizen Efforts to pave a hiker-biker trail extension off the planned Willow Creek Trail behind West High School is bringing local neighborhoods together. The city plans to construct Willow Creek Trail, between Mormon Trek Boulevard and Highway 218, in late summer 1997. Neighbors want a north- south extension to West High School for students who walk. Judy Pfohl is president of the Ty'n Cae Neighborhood Associ- ati~?~"~-~filling from her neigh- borhood went out this week to all neighborhoods west of Sunset Boulevard, asking for support. The reason: $25,000 in city- financed Program for Improving Neighborhoods grants are at stake. Pfohl already has heard from neighboring Galway_.H~ills, S~_o. uthwest Estates ~nd Penny Bryn resid6n~'Xv-hnff~g to add al~pllc~ifi6ns to the pile. It's the' first time neighborhoods have paired up, submitting more than one application for the same project, said Neighborhood Ser- vices Planner Marcia Klingaman.' Time is running short, how- ever. The PIN grant application, due March 3, reqmres doc- umentation of how money would be spent within a one-year period. Pfohl said she expects PIN dollars could pay for design plans, but that the total projecl;. likely would total more than $100,000. The planned Willow Willow Creek Trail Meirose The city plans to build this trail rmx~ ~ar. Neighborhoods are trying to get school support , N. for a trail branch. :~'.:::p,;-C t,,'..,rt Oo~ P,~tton Creek Section will cost $200,000. Urban Planner John Yapp said a concept for tunneling under Highway 218 and continuing west has been discussed, but not planned. In this week's neighborhood mailing, residents are urged to write West. High Principal Jerry Arganbright and I0wa City Community Schools Superin- tendent Barb Grohe. Pfohl said the district has made this trail extension, which would route on school property, a low priority. Arganbright said he was per- plexed why neighbors were being told to write him. "We're sup- portive of these trails ... it's hard not to be," he seiki. MELROSE AVENUE = ROHRET ROAD Exciting Neighborhood News Members of the Iowa City and Coralville communities have been working for years to establish bike trails for recreation and transportation. Federal and local funds will be used to construct a section this trail (Willow Creek Trail) from Mormon Trek to HWY. 218 south of West High School and Fareway (see map) in late 1997. Several West Side Neighborhoods are interested in adding to Willow Creek Trail and are preparing grant applications for Program for Improving Neighborhoods (PIN) grant funds of $5000.00 each. This trail would provide not only a bike recreation trail access from West High's entrance to Willow Creek Park, but also a safe paved pedestrian access for the hundreds of students who must walk to West High from the south. The neighborhoods must first work with the Iowa City Community School District representatives to gain their support. We realize these grants can only get the ball roiling but with your support we can add priority to the request. You can help in this effort by: 1 .Writing letters of support to West High Principal Jerry Arganbright, 2901 Melrose Avenue, 52246, with a copy to 509 South Dubuque, 52240, Attention: School Board, Dr. Grohe, and Mr. Palmer. 2,Contributing donations you might care to make to the project by sending your check to: Iowa City Community School District Foundation, earmarked for the West High trail. 3.Contacting your neighborhood representative to.offer help in contacting other interested groups, collecting petition names, .etc. WORKING TOGETHER WE CAN MAKE A DIFFERENCE! THE RIVER PRODUCTS COMPANY, INC. Crushed Limestone Products, Sand & Gravel 103 Fmst College Street, Suite 220 Iowa City, Iowa 52240-4086 Telephone: (319) 338-1184 FAX: (319) 338-8510 Ms. Judy PCohl 2229 Abbey Lane Iowa City, Iowa STANDARD QUOTATION AND CONTRACT FORM March 28, 1997 52246 Dear Sirs: We are pleased to quote prices, terms and conditions on our products as ~ollows: PROJECT(S): QUANTITY 780 tons MATERIAL SOURCE(S): West High South Walkway CODE PRO~~PTION PRICE 1114 3/8" Base Material $ 2.95/ton Material Klein Quarry, Deer Creek Road, Coralville TERMS: Net by 15th. Service charge o~ 2% per month a~ter 30 days. All applicable taxes (sales, use, transportation, excise, etc.) properly assessable on any material sold under contract will be added to seller's charge for the material itself. CtIPIER CONDITIONS: 1) Price held through the completion of the project. No modilication of this contract, nor any representation or promise oi any agent, shall be binding upon the company unless such modification, representation or promise shall be in writing, signed and accepted by an authorized representative o~ the company, in the same manner as the original contract. Very truly~s, Thomas R Scott General Manager Proposal submitted to: Date: PROPOSAL , Job Location: 3507 Rohret Road Iowa City, Iowa 52240 Phone: 351.8395 Mobile Phone: 331-0012 We will furnish and perform, in accordance with the owner's specifications, all labor, material, equipment, and services, necessary. to com- plete the work itemized above. We agree to carry the necessary insurance coverages. Basis of payment is agreed to be based on actual ~quare yards of surfacing. Any asphalt depth stated above in ihches is understood to be an average depth of said inches. This Proposal may be withdrawn or canceled if not accepted within 30 days. Unless stated otherwise, prices are based on completion during the cur- rent cmtstruction season. Finance charges of 1'/2% per month may be added, if not pa)d when due. Payment termr~' Net within 10 days after receipt of invoice. /"' The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. D~te ............................................. By .......................................... 3 April 1997 Ty'n Cae Neighborhood Association c/o Judy Pfohl 2229 Abbey Lane Iowa City, lA 52246 Dear Judy: Re: West High Bike Path We applaud you for your efforts to have a functional and safe bike path constructed for bikers and walkers who live south and east of West High. It seems each year there has been discussion at our PSTO meetings about a safe way for pedestrians and bikers coming from those directions to West High. In fact, it was said last year that this has been a topic of discussion for near twenty years, but nothing has ever been done by the ICCSD due to monies being allocated for other higher priority projects. tn order to express our interest in this project, PSTO members voted at our meeting on 19 March 1997 to send a check for $75 to the ICCSD Foundation in support of this bike trail. We also urged members to send any indi¥idual donations to the Foundation as well. Thank you for your persistence and hard work on this project. There will be many who will benefit. Sincerely, Nancy Perkins President, West High PSTO 29 Acorn Court Iowa City, IA 52246 Petition I would like to see a hard surface sidewalk from the south end of the West High property up to the school. 5__.. ,12., 2!,.,, ~ ~~. 28. 29. 30. 32. 33. 34., TITION FOR WEST HIGH BIKE TRAIL/WALKING PATH ' Penny Bryn Neighborhood We, the undersigned, support the PIN grant application for funds to struct a bike trail/walking path linking West High with the Willow Creek e 'Frail. This will provide access to West High from the south via a crushed rock pathway. ADDRESS ~ ..~., .,. /,..",.'~ /9b 6,- PETITION FOR WEST HIGH BIKE TRAIL/WALKING PATH Penny Bryn Neighborhood We, the undersigned, support the PIN grant application for funds to construct a bike trail/walking path linking West High with the Willow Creek Bike Trail. This will provide access to West High from the south via a crushed rock pathway. NAME',." , ." ,~ ,%, :' *:- ," ,, ,t " / :'-~_'!' ADDRESS W..4J~ C ~I WO 0 ~ £ ~I~3 ~f~0t~.110 0 ~ We, the undersigned members of the Walden Woods Neighborhood Association, support the proposed Southwinds Walkway which would provide a bridge to cross the pond (between Walden Woods and Fareway) and connect with the walkway to West High School. .d Representing 21 Iowa City Neighborhood Associations March 18, 1997 Barbara Grohe, Superintendent Iowa City Community School District 509 S. Dubuque Street Iowa City, Iowa 529.40 Dear Ms. Grohe: As you may be aware, the Ty'n Cae, Southwest Estates; Walden Woods and Penny Bryne neighborhood associations have submitted a grant application, "West High Walkway" to the Neighborhood Council of Iowa City (NCIC). The grant proposes to install a walkway from the Willow Creek Trail (to be constructed this summer) to the parking area of West High School. The main goal of their grant is to provide a safe, hard surface, pedestrian walkway for students entering school property from the south. The existing gravel roadway, which is often used as a walkway has a steep grade; it is also used by maintenance vehicles making it potentially dangerous for pedestrians. The "Program for Improving Neighborhoods" is a grant program available to neighborhood associations to make improvements in their area. The grant applications are reviewed by and funding recommended to the City Council by the NCIC; representatives of the Neighborhood Associations in Iowa City. The NCIC reviewed the grant request for the West High Walkway at our March 13th meeting. We raised a number of concerns and questions regarding the application: is the budget adequate to cover the estimated improvements? 410 East Washington Street Iowa City, IA 52240-182~ AlfN: Marcia KIIngaman Neighborhood Services Coordlnato¢' L1319) 356-5237 would the walkway meet the Americans with Disabilities standards for accessibility? is there general and/or financial support from the Iowa City Community School District (ICCSD) and the West High School's Parent-Teacher Organization (PTO)? · is the dirt relocation from the new parking lot going to influence the grade of the proposed walkway? · is the ICCSD or West High willing to maintain the walkway overtime to the extent necessary to keep it safe and usable? can the entrance gate at the south east corner of the school property be relocated to a more southerly position to allow access to the new Willow Creek Trail? The NCIC is willing to provide support for the concept of this project; we encouraged the West High Walkway grant applicants to proceed with responses to the above concerns prior to our next NCIC meeting on Thursday evening, April 10. The NCIC expressed a strong interest to see that the location of the entrance gate be relocated in an effort to create a more efficient connection with the Willow Creek trail. NCIC feels that this new location has the potential to alleviate a conflict with the adjacent condominium association regarding loitering students. The January West High Student newspaper included an article supporting a hard surface, southern approach. The NCIC is aware of the conversations between derry Palmer, derry Arganbright and dudy Pfohl of the Ty'n Cae Neighborhood Association regarding this proposed walkway. The NCIC has determined that no commitment by the ICCSD or West high PTO has been made to adopt the concept of relocating the gate opening or offering financial assistance. The NCIC recognizes that financial assistance is unlikely due to limited resources, however a letter of support and hopefully some financial commitment from the ICCSD and West High PTO is strongly encouraged as part of this PIN grant application. The NCIC believes this PIN grant has tremendous potential. This proposed walkway will clearly serve the students of West High, the residents of the west side of Iowa City, and visitors seeking a recreational walkway between Willow Creek Park and West High School. Judy Pfohl, the coordinator for the West High Walkway PIN grant, will be contacting 'you in the near future. She would like to discuss this project and solicit your reaction to the concerns raised by the NCIC. The NCIC thanks you for your attention and cooperation with the West High Walkway PIN Grant. Sincerely, David Dawes, spokesperson on behalf of the Neighborhood Council of Iowa City and Coordinator of the Pepperwood Neighborhood Association cc: Jerald Palmer, Jerry Arganbright, West High PTO, ICCSD Board IOWA CITY COMMUNITY SCHOOL DISTRICT Barbara Grohe, Ph.D. Superintendent (319) 339-6890 Fax Number 509 S. Dubuque Street Iowa City, IA 52240 (319) 33%6800 April 8, 1997 David Dawes Neighborhood Council of Iowa City 410 E Washington Street Iowa City, IA 52240-1826 Dear Mr. Dawes: The Iowa City Community School District appreciates the efforts of Judy Pfohl the coordinator for the West High Walkway Pin Grant and others that have been involved in this project for their interest in the development of the proposed walkway to serve the students of West High School. Projects such as this are dependent upon efforts of people like Judy Pfohl. Although the Iowa City Community School District does not have the financial resources to fund a project like this project, the district is very supportive of it. Jerry Palmer, Jerry Arganbright and Bruce Greiner have had several conversations with Ms. Pfohl and others to specifically address the questions you raised in your letter of March 18, 1997: According to the information we have received from Judy Pfohl the budget is adequate to cover the estimated improvements. go It is our understanding that the walkway does not meet the Americans With Disabilities Standards for accessibility. Although accessibility is very important to the district we recognize that there are other ways for students to access West High School. As stated previously, although there is no financial commitment from the Iowa City Community School District there is support for the development of the walkway. D0 According to the informatin available to us dirt relocation from the new parking lot will not influence the grade of the proposed walkway. no The Iowa City Community School District will maintain the walkway in a effort to keep it safe and usable. My understanding is that there are still some discussions regarding the gates at the southeast corner. Information I have received is that the present entrance gate would be closed except for football games or other events and that discussions are taking place regarding movement of the permanent opening to a more southerly position. Again, the Iowa City Community School District appreciates the efforts of the Neighborhood Council of Iowa City in enhancing district facilities. Sincerely, Barbara Grohe C Judy Pfohl Jerry Arganbright Bruce Greiner John Cruise Jerry Palmer CITY OF IOWA C17~' ~ROGRAM /:OR ~I~fPROVI/iIG ~E/G/tB OR/tOOD$ Name of Project: Trees for the Wetlands · Phase 2 Name of Neighborhood Association: Grant Wood Neighborhood Association Name/Address/Phone Numbers of Contact Persons: Mary Lewis 56 Regal Lane Iowa City, Iowa 52240 (319) 354-2679 Location of Proposed Project: Whispering Meadows Wetlands Lakeside Drive Iowa City, Iowa Estimated Amount of Funds Requested: Time Period of Proposed Project: 8500.00 From: September 1997 To: October 1997 General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years) September 1997, Iowa City Landscaping will dig holes for 10 trees, 6-7 feet tall, at no cost. Volunteers will plant, mulch, stake and fence trees. Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: Project discussed at the January meeting of the GWNA. The decision was made at that time to apply for funds through the PiN Grant project. Add additional pages if necessary. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed Planning of project, scheduling, planting Holes for trees - Iowa City Landscaping Mulch, stakes, fences · Parks and Recreation Dept. ROGRA/I// Page 2 What are the goals for this project and why is it needed? To complete tree planting project started with PIN funds in 1996. Add additional pages if necessary. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, many of the low-income, youth and elderly use this park extensively and the trees will enhance the area, provide a natural habitat for wildlife and shade some of the sitting and walking areas in the park. Could the project occur without PIN funding? No, there is not funding available from any other source for this project. Add additional pages if necessary. Add additional pages if necessary. Could the project operate with less funding? The proposed budget for this project will enable the tree planting in this area to be completed. Less funding would mean re-applying next year to complete the project. Will the project continue after the PIN funds end? Yes No X (If yes, what sources of funding will you use?) Add additional pages if necessary. PROJECT COST BREAI(DOWIg EXPENSE CATEGORY Add additional pages if necessary. PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS Equipment/Supplies Project Materials 8500.00 Professional Services Contracted Improvements Other Costs (List) TOTALS 8500.00 Lanclsoal ,ng 520 Highway 1 Weal · 337-8351 Iowa C~b/, IA 52240 ~ -~ .............................a .............,~--,,ar~..~..~-.~ ................~. SUBMI~ED TO JOB NAME STREET CITY, STATE AND ZIP CODE PHONE WORK PHONE Proposal-Acceptance Page I of ~ Pages DATE DATE OF PLANS JOB LOCATION PROJECT DIRECTOR ,j DOLORS $ PAYMENT TO B~DE AS '~ ~{~ ~' } 3 FOLLOWS AUTHORIZED SI~NATU~ / ~ WITH EXISTING SCHEDULES AND WORKLOADS I THIS PROPOS~TO REM INVALID UNTIL: ~e above prices, apecificatlons, lerms and conditions are ~tlsfacto~ and are hereby accepted, SIGNATURE You are aulhorized to do the work as specified. Payment will ~ made as oullined above, WE HAVE READ AND FULLY UNDERSTAND THE SUPPLEMENTAL CONDITIONS OF CONTRACT LISTED ON THE BACK OF THIS DOCUMENT. SIGNATURE Date of Aoeeplance: Signed: Beturn Yellow Co~ To Accep~ Contract~ February 26, 1997 TO: FROM: RE: Members of the Neighborhood Council Terry Trueblood, Director of Parks & Recreation Grant Wood PIN Grant CITY OF I0 WA CITY PARKS & RECREATION DEPARTMENT It is my understanding that the Grant Wood Neighborhood Association is applying for PIN Grant funding to plant more trees in the Whispering Meadows Wetland Park. There is no doubt that more trees are needed in this park, and I support the association's efforts. We look forward to this, and future cooperative ventures with the Grant Wood Association, and other neighborhood associations who may want to pursue park-related projects. Should you have any questions, please feel free to contact me. 220 SOUTH OILBERT STREET IOWA CITY IOWA 52240-1632 PHONE (319)356-5100 FAX (319)356-5487 ¢17Y OF I0 WA CITY Name of Project: GWNA Sidewalk Repair Name/Address/Phone Numbers of Contact Persons: Jane Klitzka 2305 Hollywood Blvd. Iowa City, IA 52240 337-4027 Name of Neighborhood Association: Grant Wood Neighborhood Association Location of Proposed Project: Throughout the Grant Wood Neighborhood Estimated Amount of Funds Requested: Time Period of Proposed Project: ~5,000.00 From: May 1997 To:October 1997 General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years) Replace damaged sidewalks throughout the Grant Wood Neighborhood. 3-6 months. Several sidewalk squares in the neighborhood were marked by the City for repairs to be completed by May 15, 1997 and the entire East side of Iowa City will be checked for damaged sidewalks and marked for repair this year. The GWNA requested an extension on the deadline for these repairs until September 1997. Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: The project was described in the January newsletter and discussed at the January GWNA meeting. The residents agreed to apply for PIN Grant funds to assist with this project. A flier was mailed to the neighborhood in January and a flier went home with the Grant Wood school kids. Both fliers described the project and asked interested residents to call by February 1st with an extension of February 20th. Those that contacted us by February 20th will be considered for funds. Add additional pages if necessary. 1.Planning and implementing project. 2.Timothy Parris, Contractor - reduced rates List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed [] [] [] [] Page 2 What are the goals for this project and why is it needed? To assist low income residents with the cost of replacing damaged sidewalk squares. Sidewalks in the area have deteriorated and the City has marked several squares that must be replaced. The entire area will be marked this spring. Add additional pages if necessary. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Low income residents who meet HUD Guidelines will get first consideration for the funds to have the sidewalks replaced at no cost to them. The second consideration will be to assist those residents who need sidewalk replacement but don't meet the HUD Guidelines by paying a portion of the replacement cost (approx. 820.00 per square) and a lower cost "group" rate. We would be able to get a "group" rate for entire neighborhood because the contractor has agreed to replace the squares at a rate of 860.00 per square if they are all in the same general area. Add additional pages if necessary. Could the project occur without PIN funding? No, group rates may not be possible and there are no funds available for low income residents tq replace the sidewalks at no cost. (City assessments for sidewalk replacement run between 870.00 and 8120.00) Could the project operate with less funding? Yes, but would require low income residents to pay a portion of the replacement costs which may not be possible. Add additional pages if necessary. Will the project continue after the PIN funds end? Yes No X (If yes, what sources of funding will you use?) Add additional pages if necessary.. Add additional pages if necessary. EXPENSE CATEGORY Equipment/Supplies Project Materials Professional Services Contracted Improvements Other Costs (List) *Sidewalk squares replaced at no cost - 6O Sidewalk squares replaced with residents paying t/40.00 per square - PIN portion @ 820.00 per square - PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS 3,600.00 2,760.00 Resident's contribution 1,380.00 **Reduced rates? TOTALS ~ 4,980.00 ~ 2,760.00 t/ **with the reduced rates available to the neighborhood if the sidewalk project is approved, the total amount of contribution on the contractor's part is unknown at this time because he will make this rate available to as many residents as possible. i have been contracted by the Grant Wood Neighborhood Assocation to replace side walk squares in their neighborhood. I agree to charge $60.00 per square. It is my understanding that the PIN Grant will be paying in full for the people that meet the Hud guild lines. I am to charge the people who do not meet the guild lines $40.00 and the PIN Grant will pick up the $20.00 per square. I also understand that if awarded the PIN Grant the money will not be available until July 1, 1997. I will be starting this project in May 1997, and, weather permitting, finish the end of September 1997. Thank You Timothy R. Parris 1425 Sycamore St. Iowa City, Ia. 52240 319-351-7257 ClIY OF IOIgA CITY ~ROGRAM FOR LPRO VltVG ~EIGHBORHOODS Name of Project: North Market Square Improvements Name of Neighborhood Association: Northside Neighborhood Association Name/Address/Phone Numbers of Contact Persons: Joyce Barrett 604 Renalds St. Iowa City, Iowa 52245 337-3514 Location of Proposed Project: North Market Square Estimated Amount of Funds Requested: $5000.00 Time Period of Proposed Project: 7/97 - From: To: 8/97 General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years) Purchase and installation of playground equipment and park benches in cooperation with Iowa City Parks and Recreation Department during July and August 1997 A second phase(1998) is considered necessary to upgrade lighting in the park. Add additional pages if necessary. Describe the process used to solicit neighborhood input into this funding request and summarize results: NNA input was solicited in the following ways: The newsletter mailed in the fall of 1996 requested input on neighborhood improvements that neighbors would like to see. The only responses received requested improvements at North Market Square. The Horace Mann Elementary School PTO (located adjacent to North Market Square and in the center of the NNA) has discussed at their meeting several times their interests in seeing the park improved, as this is where the school children play during recess. A petition of support has been posted at the school Add additional pages if necessary. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volun- Cash Antici- Commit- teer pated ted 1. Northside Neighborhood Association Members 'J~ [] [] 2. Iowa City Parks and Recreation Div. [] [52. ~ [] 3, Horace Mann Elementary School-PTO .~. [] [] 4. [] [] [] [] 5. [] [] [] [] s. [] [] [] [] Page 2 ~ROGRAM FOR ~MPRO V/N(~ ~EIi~H, ORHOOD$ What are the goals for this project and why is it needed? The goal is to provide challenging. saI~. and accessible playground area primarily for preschool through l0 year olds. Additionally park benches will be installed so caregivers and other adults using the park will have some place to sit. Not only do neighbors use this park frequcutly during the year and summer with preschool and school aged children. but the park is also used by the adjacent Horace Mann School (300 sLt,dems)and lite a4iacem Preucil Preschool. Adult usage would also increase if pleasant benches were added into the landscape of the park. Add additional pages if necessary. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes. blease exDlain. The census data front the 1990 ccusus (updated in 1993) iudicatc titat over 50% of Lite residents are below the 50% median income level for Iowa City. At Horace Mann School 42% of the school population take advantage of the free and reduced lunch program, which also begins at the 50% median income level for Iowa Git3'. The addition of park benches to the park should inake the park more user friendly with the older populatiou tlmt live in the northside. Add additional pages if necessary. Could the project occur without PIN funding? Due to the cost of playground equipment, improvements will probably only be made if Lhe PIN gr;mt generates money for Parks and Rccreatiou Divisiou to match. Park beltcites might still be contributed by the Northside Neighborhood Association. Add additional pages if necessary. Could the project operate with less funding? Due to the nature of playground units $10,000 is a basic component, less funding would probably not support the basic improvements desired Add additional pages if necessary, Will the project continue after the PIN funds end? Yes ~/' No .... (If yes, what sources of funding will you use?) North Market Square will continue to be enjoyed by hundreds of children every. day for years to come. The Northside Neighborhood Association will continue to pursue upgrades in the lighting available at the park. Add additional pages if necessary. EXPENSE CATEGORY Equipment/Supplies Project Materials Professional Services Contracted Improvements Other Costs (List) NIP FUNDS OTHER FUNDS 5000.00 $ 5800.00 LIST SOURCE OF OTHER FUNDS Northside Neighborhood Association I.C. Parks and Recreation Division TOTALS nelot~bor ~olnfu~:l ,~pp ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET Ho~.ace Mann Elementa~'U ~chool Parent Teacher Organization 521 North Dodge gt~eet Iowa ¢it!]0 Iowa 5~45 To Whom it Ma§ Concern: A~ the current officer~ of the Horace Mann Paren~ Teacher Organization (PTO), we are enorrnou~l9 plea~ed to expre~ our alppo~c {or plagground renovation~ planned b9 the North~ide Neighborhood A.~ociatior~ Horace Mann i~ an excellent ~choot We are proud of man§ of the q~mlities of our ~chool that make us a unique place {or learning. For example, we have dedicated teachers who work with a verg diverse, multi-cukural and multi-lir~al populatior~ We a]~o have hardworking and committed parent~ who regularl9 volunteer the/r time and financial ~upport to extend children's learning experiences be9ond routine expec~tiona Our current PTO ha~ become determined to expand and improve our outdoor plawground and that of North Marke~ gquare Park so that it crffer~ children improved opportunities {or imagir~-,tive and phg~cal plag. Toward ~ end we have developed several new {undra'm4ng prograrna Our initiative~ have rai~ed $1£00.00 thu~ far. Clearl9, we will require a_~_~fi_~cance ~om outside the immediate ~chool communi~j to meet our ~oaL We hope that the requea £or grant ~uppo~c made b§ the Norths~de Neigluborhood A~ociation will be £avorab19 received and ~unded and we win be happg to provide any additional irn~orrnation request& gincerelg, The 1997 O~cer~ of the PTO ltome and Renee Tonning President PREUCIL SCHOOL of MUSIC Doris Preucil, Director February 28, 1997 To the North Side Neighborhood Association: This is a letter of enthusiastic support for future funding to improve the North Market Square Park. As director of the Preucil School of Music Preschool, the condition of the park is of great import. Three times a week the preschool children from Preucil make heavy use of the playground. In addition, the Preucil School of Music general population (elementary school age) use the park before and alter group classes and lessons. Twice a year the school as a whole (500 children enrolled) use the park for potlucks/ball games. Please consider supporting this grant to improve the North Side Neighborhood. Member National Guild of Community Schools of the Arts Res;ectfu!ly, SUZUKI AS,'~)CIA'I'ION THE AM ER IC,~q 524 North Johnson St. Iowa City, Iowa 52245 Phone (319) 337-4156 NORTHSIDE NEIGHBORHOOD ASSOCIATION The undersigned parents, staff and volunteers at Horace Mann School, located in the heart of the Northside Neighborhood Association, are supportive and encourage improvements to North Market Square, to increase the usability and safety in this neighborhood park. NAME ADDRESS CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT 1~{ EMOl~%N DUM TO: FROM: DATE: RE: Members of the Neighborhood Council Terry Trueblood, Director of Parks and Recreation March 3, 1997 Northside PIN Grant I write this letter in support of the Northside Neighborhood Association's PIN Grant application for improvements in North Market Square Park. It is my understanding that they wish to concentrate their efforts this year on playground equipment. There is definitely a need for such an effort, as the playground equipment in this park is quite old, and most is not accessible to persons with disabilities. We will be pleased to enter into a cooperative arrangement with the association in order to provide a quality, accessible playground in this park. PROGRAM FOR IMPROVING NEIGHBORHOODS Name of Project: Name of Neighborhood Association: Longfellow Trees II1: Preserving Our Heritage Longfellow Neighborhood Association Name/Address/Phone Numbers of Contact Persons: Location of Proposed Project: Ann Freeks 443 S. Governor Pam Ehrhardt 1029 East Court St. On the east and west sides of Governor Street, from Burlington, south to the railroad tracks 354-8671 351-6531 Estimated Amount of Funds Requested: Time Period of Proposed Project: $1000 From: June 1997 To: October 1997 General List and Description of Activities with estimated time line: We would buy., approximately 10 trees to be planted along the east and west sides of Governor Street between Burlington south to the railroad tracks. A citizen's advisory committee has identified appropriate trees and suitable sites for these trees. A group of residents along Governor Street have requested trees be planted along their street to replace the canopy of trees that have died over the years and not been replaced. Longfellow Trees I and II, has not provided trees for this street. At that time, the committee was unable to find residents willing to care for a tree planted on their property. In the meantime, interest in adding trees to the street has been sparked and there are at least ten properties needing and now wanting new trees. Species selection will be among some of the "century trees" and other unique specimens found in the neighborhood. Trees will be ordered in time for fall planting, weather permitting. Describe the process used to solicit neighborhood input into this funding request and summarize results: Interest has always been high for planting trees in our neighborhood, At our November potluck, the 45 residents attending identified and discussed needs in the neighborhood. Continued need for more trees to be planted in our neighborhood remained in the top priorities. The other three are not appropriate for PIN grant funding at this time. As mentioned earlier, a group of residents on Governor, initiated the request for trees along their street. They explained that an increasing number of properties which were previously rental have been bought by owner occupied single families. Interest to improve the look of the street as paralleled this transition. List of names of potential resources that will be utilized in this project: 1. Anne Freeks, contact person 2. Longfellow residents who will plant/care for trees 3. City of Iowa City Forestry Dept. Type Status Volun- Cash Antici- Com- teer pated mitted What are the goals for this project and ~vhy is it needed? This neighborhood is one of the oldest in the city. As trees have died due to age or disease or have been subjected to injury from invasive utility projects, they have not been systematically replaced. Consequently, there are areas which appear "naked" compared to adjacent areas where there are trees. On Governor the historical tree lined look is absent. A long-time resident of the street shows her neighbors pictures of the street in years past when elm and maple graced the entire span. Some of its newest residents are keen to begin to bring that look back. Maybe not in their life time but certainly for future generations to come. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. It benefits the entire neighborhood because tree-lined streets help to reduce summer cooling costs. The enhanced streetscape appearance will benefit the whole neighborhood. Additionally, newly planted trees will be featured in future fall tree walks to which the entire neighborhood is invited. Could the project occur without PIN funding? Some of the residents along Governor have recently added trees along their street, but most of the street is still in need of trees. The residents initiating this grant feel that some of their neighbors either can not afford to buy trees or will not plant trees on their own unless it is provided for by PIN funds. Other funding sources are not available for trees here. Could the project olDerate with less funding? Yes, the project would use and appreciate whatever funds were awarded. With less funding the less mature specimens could be purchased. Will the project continue after the PIN funds end? Yes, most definitely! Because of the success of "Longfellow Trees I and II" the word is out. The project's visible impact has encouraged private interest in tree planting throughout the neighborhood. Where we planted one tree the owners and neighbors have planted additional trees. EXPENSE CATEGORY Equipment/Supplies Project Materials Professional Services Contracted Improvements Other Costs (List) trees potting soil, peat, mulch NIP FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS $950 50 TOTALS $1000 CITY OF IOWA CITY ~ROGRAM FOR LPRO VIIVG ~FIGHBORHOOD$ Name of Project: Name/Address/Phone Numbers of Contact Persons: .--~--. o vd~ ~m--Y~ ~ ~4O-~ZO~ Name of Neighborhood Association: Location of Proposed Project: Estimated Amount of Funds Requested: ~ 4, 0oo. O0 Time Period of Proposed Project: From: To: \c3~ General List and Description of Activities with estimated time line: (please indicate if this project will or could be -Ft~ c_ ~!-¥ FOP.~-~'T~p,,' S 0 ~P-1 ~ ~ ~ ~ ~ phased over a number of years) d ccN~NV~)~Add additional pages if necessary. D~scribe the process used to solicit neighborhood input into this funding request and summarize results: u~0~ ~b ~F ~(~ ~ 5uDpsK% ¢~ %~9 P~CCAdd ~ddition~ pages if necessary, List the DaBes of p0teDti~l r~S0U~6~S {neighborhood and other) that will be utilized in this project: Type Volun- Cash teer 4. ~ D 5, ~ ~ 6, B B Status Antici- Commit- pared ted [] [] Page 2 What are the goals for this project and why is it needed? (eo~>~ ~oe~ Add additional pages if necessary. Does l~Js project b~n~fJl Io~-income, elderly, ~out~ or olBer disadvantaged youth? If yes, please explnin. Could the project occur without PIN funding? Add additional pages if necessary. ~ L_f:)-P,J ~ /~d~7/~ ~.. ~(/~... ~1 ~ I~ml ~ L LO ~ Add additional pages if necessary. Could the project operate with less funding? Add additional pages if necessary. Will the project continue after the PIN funds end? Yes ,~. No (If yes, what sources of funding will you use?) ~~ ~~[~ ~O~~ Add additional pages if necessary. PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS '~ zs'O. o © DO&. IG~ 'Z'~ Dt.O~,8~-l:~ ~ ,~-, 00o. ~ $ EXPENSE CATEGORY Equipment/Supplies Project Materials Professional Services Contracted Improvements Other Costs (List) CPrq"E'~ 00.1 eT, TOTALS " ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET n~ghbor~plnfu~d,app ®epperwoodHeigl orliood ssociation Representing Over 250 Residents In Southeast Iowa City Pepperwood Heig hbodood Association IO55 EIF~IAR DR~v[ Iowa CITY, IA 58240-2203 ATI'N: DAVID DAWES, COORDINATOR (3 I E)) 337-2634 520 Hwy. 1 West Iowa City, IA 52246 (319) 337-8351 March 1, 1997 Pepperwood Neighborhood Assoc. David Dawes 1055 Briar Dr. Iowa City, IA. 52240 RE: Neighborhood Tree Planting Sandusky Av. Dear David, This letter is in regard to planting 16 two (2) inch caliper trees on the lower part of Sandusky Av. in Iowa City. The Tree varieties would be determined by Terry Robinson, Iowa City Forester. The cost of these tree would be approximately $250.00 each depending on variety. Although this planting would be in the spring of 1998 1 think this would be a good approximation of cost. If you have any other questions please give me a call at Iowa City Landscaping. Si ~ ..~stra, Pres. ®epperwood' greig ~orgood~ssocia tion Representing Over 250 Residents In Southeast Iowa City t NORTH I PARK . AVFNUE I II SANDUSKY I DRIVE PEPPER DRIVE It :SANDUSKY DRIVE BURNS AVE Prepared by: Dale Helling, Assistant City Manager, 410 E, Washington St,, Iowa City, IA 52240 319-356-5013 RESOLUTION NO. 97-161 RESOLUTION ESTABLISHING TCI CABLEVISION'S "MAXIMUM PERMITTED RATE" FOR BASIC CABLE SERVICE WHEREAS, pursuant to public law and the regulations of the Federal Communications Commission ("FCC"), the City of Iowa City, Iowa ("City"), retains regulatory authority over basic cable television services provided by TCI Cablevision of Eastern Iowa ("TCI Cablevision") in the authorized franchise area encompassing the City; and WHEREAS, on March 1, 1997, TCI Cablevision filed FCC Form 1240 for the purpose of requesting and justifying an increase in its rates for basic cable services from ~11.05 per month to a level of $11.70 per month for a 12-month period beginning June 1, 1997; and WHEREAS, the City has determined that TCI Cablevision's calculation of its "Maximum Permitted Rate" incorporates excessive and/or unauthorized components and fails to utilize appropriate historical factors and, as a result, is overstated by 90.04 per month per subscriber; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: TCI Cablevision's "Maximum Permitted Rate" for basic cable service shall be set at ~11.66 per subscriber per month and this figure shall be the basis for the starting point in TCI Cablevision's next annual FCC Form 1240 filing. Passed and approved this 20th day of Hay , 1 997. MAYOR Appr~_oved,,by, _ ~ ,'x'~ City Attorney's Office cabletv/tci-rate,res Resolution No. 97-161 Page 2 It was moved by Kubb.v and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Maggie Grosvenor, Housing Authority Admin., 410 E. Washington St., Iowa City, IA 52240 (319)356-5401 RESOLUTION NO. 97-162 RESOLUTION AUTHORIZING APPLICATIONS FOR 100 UNITS OF SECTION 8 VOUCHER FOR MAINSTREAM HOUSING OPPORTUNITIES FOR PERSONS WITH DISABILITIES. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a Notice of Fund Availability for Certificates and Vouchers; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher, and Public Housing Program and wishes to provide housing assistance to persons with disabilities; and WHEREAS, the application is consistent with the Consolidated Plan for 1995-2000 (also known as "CITY STEPS"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for Section 8 Certificates and Vouchers. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 20th day of Ma.y , 1997. CITY CLERK / City Attorney's Office hisasst\mainstrm. res Resolution No. 97-162 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be ' AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Housing Authority Date: To: From: Re: May 15, 1997 City Council Maggie Grosvenor, Housing Administrator Application for Mainstream Housing Opportunities for Persons With Disabilities The iowa City Housing Authority application for 100 Section 8 rental vouchers for persons with disabilities is attached. The purpose of the mainstream program is to provide rental vouchers or certificates to enable persons with disabilities to rent affordable private housing of their choice. Eligible participants are defined as: 1) A family whose head, spouse, or sole member is a person with disabilities. The term "disabled family" may include two or more persons with disabilities living together, and one or more persons with disabilities living with one or more liveLin aides. A disabled family may include a person with disabilities who is elderly. 2) A person who: (a) has a disability as defined in Section 223 of the Social Security Act (42 U.S.C. 423), or (b) is determined to have a physical, mental or emotional impairment that: (I) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions, or (c) has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5)). The term "person with disabilities" does not exclude persons who have the disease of acquired immunodeficiency syndrome (aids) or any immunodeficiency syndrome (HIV). The thirty day comment period was required to begin on April 19, 1997, in order to meet the application deadline of June 9, 1997, and was published in the Press-Citizen on April 19, 1997. Comments are requested to be inwriting. As of May 15, 1997, no comments received. hisasst/vouchrap.doc Prepared by: Maggie Grosvenor, Housing Authority Admin., 410 E. Washington St., Iowa City, IA 52240 (319)356-5401 RESOLUTION NO. 97-163 RESOLUTION AUTHORIZING NEW REVISED PUBLIC HOUSING LEASE WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher, and Public Housing Program and wishes to comply with HUD regulatory and Housing Authority discretionary items included in the Public Housing Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively approve and attest said Lease for Public Housing residents. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 20th day of Hay , 1997. ATTE S%'~C-iTY CLERE~K App r.p. ved., by. City Attorney's Office hlsasst\phlease.res Resolution No, 97-163 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Funding Application u.s. DepartmentofHousing and Urban Development Section 8 Tenant-Based Assistance Office of Public and Indian Housing Rental Certificate Program Rental Voucher Program Send the original and two copies of this application form and attachments to the local HUD Field Office OMB Approval No. 2577-0169 (exp.8/31/95) Public reporting burden for this collection of information is estimated to average 2.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600 and to the Office of Management and Budget, Paperwork Reduction Project (2577-0169), Washington, D.C. 20503. Do not send this completed form to either of the above addressees. Name and Mailing Address of the Housing Agency (HA) requesting housing assistance payments IOWA CITY HOUSI'NG AUTHORITY CI'VIC CENTER - 4'10 E WASHINGTON ST IOWA CITY IA 52240 Do you have an ACC with HUD No Yes Date of Application for Section 8 Certificates? [] [] 6-1-97 for Section 8 Vouchers? [] [] A. Area(s) From Which Families To Be Assisted Will Be Drawn. Locality (city, town, etc.) I0WA CITY CORALVILLE NORTH LIBERTY SOLON SWISHER TIFFIN OXFORD UNINCORPORATED COUNTY 3. Proposed Assisted Dwelling Units. (Complete this section based on the unit sizes of the applicants at the top of the waiting list) O-BR 1-BR Certificates Legal Area of Operation (area In which the HA has authority under State and local law to administer the program) METROPOLITAN AREA County Congressional District JOHNSON 1ST Units Number of Dwelling Units by Bedroom Size Total 2-BR 3-BR 4-BR 5-BR 6+BR Dwelling Units Vouchers 60 35 5 '100 C, Average Monthly Adjusted Income. Complete this section based on actual incomes of current participants by unit size. Enter average monthly adjusted income for each program separately and only for the unit sizes requested in Section B. 0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6+BR Certificates $ $ $ $ $ $ $ Vouchers $ $ 537 $ 490 $ 655 $ $ $ D, Need for Housing Assistance, Demonstrate that the project requested in this application is responsive to the condition of the housing stock in the community and the housing assistance needs of low-income families residing in or expected to reside in the community. (If additional space is needed, add separate pages.) Included with this grant application are support letters, statistics, and client service agreements from the Evert Conner Rights and Resources Center for Independent Living, Mid- Eastern Iowa Community Mental Health Center, Systems Unlimited Inc., University of Iowa Hospitals and Clinics, Life Skills, and Emergency Housing Project Inc. The Iowa City Housing Authority currently has 641 on it's Federal Preference Waiting List. Of this total, 194 have designated disabilities. This application is consistant with the five year Consolidated Plan (aka CITY STEPS). form HUD-$2515 (1/96) Previous editions are obsolete Page 1 of 4 ref. Handbook 7420.8 E. Housing Quality Standards (HQS). (Check applicable box) [] HUD's HQS will be used with no modifications [] Attached for HUD approval are HQS acceptability criteria variations F. New HA Information. Complete this section if HA currently does not administer a tenant-based certificate or voucher program. Financial and Administrative Capability. Describe the experience of the HA in administering housing or other programs and provide any other relevant information which evidences present or potential management capability for the proposed rental assistance program. Submit this narrative on a separate page. Qualification as an HA. Demonstrate that the applicant qualifies as an HA and is legally qualified and authorized to administer the funds applied for in this application. Submit the relevant enabling legislation and a supporting legal opinion. Note: If this application is approved, the HA must submit for HUD approval a utility allowance schedule and budget documents. G. Certifications. The following certifications are incorporated as a part of lh is application form. The signatu re on the last page of this application of the HA representative authorized to sign the application signifies compliance with the terms of these certifications. Equal Opportunity Certification The Housing Agency (HA) certifies that: (1) The HA will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and regulations issued pursuant thereto (24 CFR Part 1 ) which state that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will take any measures necessary to effectuate this agreement. (2) The HA will comply with the Fair Housing Act (42 U.S.C. ,3601-19) and regulations issued pursuant thereto (24 CFR Part 100) which prohibit discrimination in housing on the basis of race, color, religion, sex, handicap, familial status, or national origin, and administer its programs and activities relating to housing in a manner to affirmatively further fair housing. (3) The HA will comply with Executive Order 11063 on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in housing and related facilities provided with Federal financial assistance and HUD regulations (24 CFR Part 107). (4) The HA will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations issued pursuant thereto (24 CFR Part 8)which state that no otherwise qualified individual with handicaps in the United States shall solely by reason of the handicap be excluded from participation in, be denied the benefits of; or be subjected to discrimination under any program or activity receiving Federal financial assistance. (5) The HAwill comply with the provisions of the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and regulations issued pursuant thereto (24 CFR Part 146) which state that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under a program or activity receiving Federal financial assistance. (6) The Housing Agency will comply with the provisions of Title II of the Americans with Disabilities Act (42 U.S.C. 12131 ) and regulations issued pursuant thereto (28 CFR Part 35) which state that subject to the provisions of Title II, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity. The following provisions apply only to housing assisted with Project-Based Certificates: (7) The HA will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-1) which state that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affirmative action to ensure equal employment opportunity. (8) The HA will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 u) and regulations issued pursuant thereto (24 CFR Part 135), which require that, to the greatest extent feasible, opportunities for training and employment be given to low-income persons residing within the unit of local government for metropolitan area (or nonmetropolitan county) in which the project is located. Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid orwill be paid, by cron behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any c~)operative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. form HUD-52515 (1/96) Previous editions are obsolete Page 2 of 4 ref. Handbook 7420.8 (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipienTs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certification Regarding Drug-Free Workplace Requirements Instructions for Drug-Free Workplace Requirements Certification: 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined l~hat the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 5. If the workplace identified to the agency oh anges during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees or subrecipients or subcontractors in covered workplaces). A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; form HUD-52515 (1/96) Previous editions are obsolete Page 3 of 4 ref. Handbook 7420.8 (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termin'ation, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, State, zip code) Check [] if there are workplaces on file that are not identified here. · Housing Agency Signature Signature of HA Representative Previous editions are obsolete Pdnt or ~pe Name of SignstoW NAOMI J. NOVICK, Phone No. (319) 356-5010 Page 4 of 4 MAYOR Date 5-20-97 form HUD-52515 (1/96) ref. Handbook 7420.8 Housing Authority Date: May 14, 1997 To: Mayor and Iowa City City Council From: Maggie Grosvenor, Housing Administrator Re: Revised Public Housing Lease Enclosed is a copy of the proposed new public housing lease for your approval. This lease was revised from the HUD model lease and the Iowa NAHRO model lease to better define the rental agreement for both the ICHA and its tenants. The lease is comprised of two parts. Part one establishes the terms and conditions of the lease. The lease includes many mandatory regulations enacted 1993-1996, which need to be included in the lease. This memorandum includes changes from the present lease which are discretionary and subject to local control. Part two is the lease contract. III. Other Charges (c) Late Charges: "...A late payment fee of $10.00 per day for each of the first 4 days after rent is delinquent shall be charged to the Tenant unless prior arrangements have been made." VII. Terms and Conditions (a) "This provision permits reasonable accommodation of a tenant's guests or visitors for a period not exceeding 14 days each year. Permission may be granted, upon written request to the Housing Authority, for an extension of this provision." (c)(3)(b) "If a reduction is granted, Tenant must report subsequent increases in income within 10 days of the occurrence, until the next scheduled re-examination. Failure to report within the 10 days may result in a retroactive rent charge." (d)(2) "In the case of a rent increase, when an increase in income occurs after a prior rent reduc- tion and is reported within 10 days of the occurrence, the increase will become effective the first day of the second month following the month in which the change was reported. (e) Transfers. This section pertains to transfers from one public housing unit to another and documents the requirements for a tenant or the Housing Authority to request or authorize a transfer. The rules within this section document current practice. IX. Tenant Obligations Currently the tenant obligations under Section IX are provided to tenants in a separate document. This revision incorporates tenant obligations within the lease. Two specific changes are listed below: (b)(2) "Not to give accommodation to long term guests (in excess of 14 days) without the advance written consent of the Authority." (n) "To give prompt prior notice to the Authority of Tenant's leaving dwelling unit unoccupied for any period exceeding 7 days." X. Defects Hazardous to Life, Health and Safety (b) "Tenant shall accept any replacement unit offered by the authority." XIV. Termination of the Lease (a)(2) "Four such late payments payment;" within a 12 month period shall constitute a repeated late XVI. Housekeeping Standards "In an effort to improve the livability and conditions of the apartments owned and managed by the Authority, uniform standards for resident housekeeping have been developed for all tenant families." (Please refer to Section XVI.) The City Legal Department has reviewed and approved the lease. Also included is the Tenant Newsletter which was sent to public housing tenants on May 2. tp4-1 mg,doc ADMINISTRATIVE COPY HOUSING AUTHORITY OF IOWA CITY RESIDENTIAL LEASE AGREEMENT THIS LEASE IS IN TWO PARTS: Part I establishes the Terms and Conditions of the lease. These apply to all residents; Part II is a sample lease contract. This is executed by the resident and the Authority, includes Part I Terms and Conditions (by reference) and the following information specific to each family's circumstances: · Identification of all members of Tenant household by relationship to the Head of the House- hold their social security numbers, ages (at the time of lease execution) and dates of birth (BOB); · Unit address, occupancy date, project name and number; · Pro-rated and full monthly rent amount, security deposit required, pro-rated and full monthly utility allowance provided (if any), pro-rated and full monthly utility reimbursement (if any) and the amount of any other charges due under the lease; · Utilities and appliances provided by the Authority with the unit; · All pamphlets or informational materials provided to Tenant; · Signature line for the parties to the lease (all adult members of Tenant household must sign the lease); · Emergency telephone number for Tenant to use if maintenance problems arise with the unit outside of normal Authority working hours. Part I, Page 1 PART I of the RESIDENTIAL LEASE AGREEMENT: TERMS AND CONDITIONS Iowa City Housing Authority THIS LEASE AGREEMENT (hereafter "lease") is between Iowa City Housing Authority of Iowa City (hereafter "Authority') and Tenant named in Part II of this lease (hereafter "tenant'). [966.4 (a)] I. Description of the Parties and Premises: [966.4 (a)] (a) The Authority, using data provided by Tenant about income, family composition, and needs, leases to Tenant, the property (called 'premises' or 'dwelling unit' described in Part II of this Lease Agreement, subject to the terms and conditions contained in this lease. [966.4 (a)] (b) Any additions to the household members named on the lease, including Live-in Aides and foster children, but excluding natural births, require the advance wdtten approval of the Authority except in emergency situations. This approval will be granted only if the new family members pass the Authority's screening cdteda and a unit of the appropriate size is available. Permission to add Live-in Aides and foster children shall not be unreasonably refused. [966.4 (a)(2) & (d)(3)(i)] The Tenant agrees to wait for the Authority's approval before allowing additional persons to move into the Premises. Failure on the part of Tenant to comply with this provision is a sedous violation of the material terms of the lease, for which the Authority may terminate the lease in accordance with Section XIV. [966.4 (f)(3)] (c) Deletions (for any reason) from the household members named on the lease shall be reported by Tenant to the Authority in writing, within 10 days of the occurrence. [966.4 (c)(1) & (2) & (f)(3)]. Failure on the part of Tenant to comply with this provision is a serious violation of the material terms of the lease, for which the Authority may terminate the lease in accordance with Section XlV. [966.4 (l)(3)] II. Lease and Amount of Rent (a) Unless otherwise modified or terminated in accordance with Section XlV, this Lease shall automatically be renewed for successive terms of one calendar month. [966.4 (a)(1)] The rent amount is stated in Part II of this Lease. Rent shall remain in effect unless adjusted by the Authority in accordance with Section VII. [966.4 (c)] The amount of the Total Tenant Payment and Tenant Rent shall be determined by the Authority in compliance with HUD regulations and requirements and in accordance with the Authority's Admissions and Occupancy Policy. [966.4 (c)] (b) Rent is DUE and PAYABLE in advance on the first day of each month and shall be considered delinquent after the 5th calendar day of the month. Rent may include utilities as described in Section VI, and includes all maintenance services due to normal wear and tear. [966.4 (e)(I) & (3)] When the Authority makes any change in the amount of Total Tenant Payment or Tenant Rent, the Authority shall give written notice to Tenant. The notice shall state the new amount, and the date from which the new amount is applicable. Rent redeterminations are subject to the Administrative Grievance Procedure. The notice shall also state that Tenant may ask for Part I, Page I an explanation of how the amount is computed by the Authority. If Tenant asks for an expla- nation, the Authority shall respond in a reasonable time. [966.4 (c)(4)] III. Other Charges In addition to rent, Tenant is responsible for the payment of certain other charges specified in this lease. The type(s) and amounts of other charges are specified in Part II of this Lease Agreement. Other charges can include: [966.4 (b)(2)] (a) Maintenance costs: The cost for services or repairs due to intentional or negligent damage to the dwelling unit, common areas or grounds beyond normal wear and tear, caused by Tenant, household members or by guests. When the Authority determines that needed maintenance is not caused by normal wear and tear, Tenant shall be charged for the cost of such service, either in accordance with the Schedule of Maintenance Charges posted by the Authority or (for work not listed on the Schedule of Maintenance Charges) based on the actual cost to the Authority for the labor and materials needed to complete the work. If overtime work is required, overtime rates shall be charged. [966.4 (b)(2)] (b) Excess Utility Charges: At developments where utilities are provided by the Authority, a charge shall be assessed for excess utility consumption due to the operation of major tenant supplied appliances. This charge does not apply to Tenants who pay their utilities directly to a utility supplier. [966.4 (b)(2)1 (c) Late Charges: A late payment fee of $5.00 per day (maximum $20) for each of the first 4 days after rent due becomes delinquent shall be charged to the Tenant unless prior arrange- ments have been made. Payment of rent postmarked on or after the due date and checks returned by the Tenant's bank will be considered late rent payment. The Authority shall provide written notice of the amount of any charge in addition to Tenant Rent, and when the charge is due. Charges in addition to rent are due no sooner than two weeks after Tenant receives the Authority's written notice of the charge. [966.4 (b)(4)] IV. Payment Location Rent and other charges can be paid at the Main Office located at the Civic Center, 410 E. Washington Street or at other locations specified in Part II of this Residential Lease. V. Security Deposit (a) Tenant Responsibilities: The dollar amount of the security deposit is noted on Part II of this Residential Lease. [966.4 (b)(5)] (b) Authority's Responsibilities: The Authority will use the Security Deposit at the termination of this Lease: To pay the cost of any rent or any other charges owed by Tenant at the termination of this lease. To reimburse the cost of repairing any intentional or negligent damages to the dwelling unit caused by Tenant, household members or guests. The Security Deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. No refund of the Security Deposit will be made until Tenant has vacated, and the dwelling unit has been inspected by the Authority. Part I, Page 2 The rerum of a security deposit shall occur within 30 days after Tenant moves out. The Authority agrees to return the Security Deposit plus accrued interest (subject to applicable laws), if any, to Tenant when he/she vacates, less any deductions for any costs indicated above, so long as Tenant furnishes the Authority with a forwarding address. If any deductions are made, the Authority will furnish Tenant with a wdtten statement of any such costs for damages and/or other charges deducted from the Security Deposit. VI. Utilities and Appliances [966.4 (b)(1)] (a) Authority-Supplied Utilities: The Authority will provide a cooking range and refrigerator. Other major electrical appliances, such as air conditioners, freezers, extra refrigerators, may be installed and operated only with the wdtten approval of the Authority. A monthly service charge will be payable by Tenant for the electricity used in the operation of such appliances. At Muscatine unit only, water and sewer of washing machines service is paid by the Authority. Garbage is also included. (b) Tenant-paid Utilities: If Tenant resides in a development where the Authority does not supply electricity, natural gas, or heating fuel, an Allowance for Utilities shall be established, appropri- ate for the size and type of dwelling unit for utilities Tenant pays directly to the utility supplier. The Authority may change the Allowance at any time dudng the term of the lease, and shall give Tenant 60 days written notice of the revised Allowance along with any resultant changes in Tenant Rent or Utility Reimbursement. [965.502 (c)] (c) Tenant Responsibilities: All utilities not supplied by the authority shall be the responsibility and expense of the tenant. Tenant further agrees to pay all utility deposits and to pay such bills as are rendered by utility companies with respect to the dwelling unit. Tenant agrees to maintain sufficient heat to prevent freezing of piped water. Tenant agrees to notify manage- ment immediately if heat cannot be fumished for any reason and will be charged for any damages resulting from failure to maintain heat or to so notify management unless such occurrence is cleady beyond Tenanrs control. VII. Terms and Conditions The following terms and conditions of occupancy are made a part of the Lease. (a) Use and Occupancy of Dwelling: Tenant shall have the dght to exclusive use and occupancy of the dwelling unit for Tenant and other household members listed on the lease. With the pdor written consent of the Authority, members of the household may engage in legal profitmaking activities in the dwelling unit. [966.4 (d) (1) & (2)] This provision permits reasonable accommodation of Tenanrs guests or visitors for a period not exceeding 14 days each year. Permission may be granted, upon wdtten request to the Housing Authority, for an extension of this provision. [966.4 (d)(I)] (b) Ability to comply with Lease terms: If, dudng the term of this Lease, Tenant, by reason of physical or mental impairment, is no longer able to comply with the matedal provisions of this lease and cannot make arrangements for someone to aid him/her in complying with the lease, and the Authority cannot make any reasonable accommodation that would enable Tenant to comply with the lease; THEN the Authority will assist Tenant, or designated member(s) of Tenant's family, to find more suitable housing. If there are no family members who can or will take responsibility for moving Tenant, the Authority will work with appropriate agencies to Part I, Page 3 (c) secure suitable housing and will terminate the Lease in accordance with Section XIV of this lease. [966.4] At the time of admission, all Tenants must identify the family member(s) to be contacted if they become unable to comply with lease terms. Redetermination of Rent, Dwelling Size, and Eligibility. The rent amount as fixed in Part II of the Lease Agreement is due each month until changed as described below. (1) The status of each family is to be re-examined at least once a year. [960.209] (2) Tenant shall supply the Authority, when requested, with accurate information about: family composition, age of family members, income and source of income of all family members, assets, and related information necessary to determine eligibility, annual income, adjusted income, and rent. [966.4 (c)(2)] Failure to supply such information when requested is a serious violation of the terms of the lease, and the Authority may terminate the lease. All information must be verified. Tenant agrees to comply with the Authority's requests for verification by signing releases for third-party sources, presenting documents for review, or providing other suitable forms of verification. [966.4 (c)(2)] The Authority shall give Tenant reasonable notice of what actions Tenant must take and of the date by which any action must be taken for compliance under this section. This information will be used by the Authority to decide whether the rent amount should be changed, and whether the dwelling size is still appropriate for Tenant's needs. This determination will be made in accordance with the Admissions and Occupancy Policy, which is publicly posted in the Authority's Office. A copy of the policies can be furnished on request at the expense of the person making the request. (3) Rent as stated in Part II shall remain in effect between regular re-examinations, UN- LESS during such period: [960.209 (b)] (a) A person with income joins the household. (b) Tenant can verify a change in his/her circumstances (such as decline in or loss of income) that would justify a reduction in rent. [913.107] If a reduction is granted, Tenant must report subsequent increases in income within 10 days of the occurrence, until the next scheduled re-examination. Failure to report within the 10 days may result in a retroactive rent charge. (c) It is found that Tenant has misrepresented the facts upon which the rent is based so that the rent Tenant is paying is less than the rent that he/she should have been charged. The Authority then may apply an increase in rent retroactive to the first of the month following the month in which the misrepresentation oc- curred. (d) Rent formulas or procedures are changed by Federal law or regulation. Part I, Page 4 (4) All changes in family composition must be reported to the Housing Manager within 10 days of the occurrence. Failure to report within the 10 days may result in a retroactive rent charge. [966.4 (c) (2)] This Lease will NOT be revised to permit a change of family composition resulting from a request to allow adult children to move back into the unit unless it is determined that the move is essential for the mental or physical health of Tenant AND it does not disqualify the family for size unit it is currently occupying. (d) Rent Adjustments: Tenant will be notified in writing of any rent adjustment due to the situa- tions described in Section C. All notices will state the effective date of the rent adjustment. (~) In the case of a rent decrease, the adjustment will become effective on the first day of the month following the reported change in cimumstances or change in Federal law or regulations, provided Tenant reported the change in a timely manner, as specified above (when change is based on new circumstances). (2) In the case of a rent increase, when an increase in income occurs after a pdor rent reduction and is reported within 10 days of the occurrence, the increase will become effective the first day of the 2nd month following the month in which the change was reported. (3) In the case of a rent increase due to a change in Federal law or regulations, the increase will become effective the first day of the second month following the month in which the Authority notifies the tenant of the law or regulatory change. (4) In the case of a rent increase due to misrepresentation, failure to report a change in family composition, or failure to report an increase in income (after a reduction in rent per the fixed rent policy), the Authority shall apply the increase in rent retroactive to the first of the month following the month in which the misrepresentation occurred. (e) Transfers [966.4 (3)] (1) Tenant agrees that if the Authority determines that the size or design of the dwelling unit is no longer appropriate to Tenant's needs, the Authority shall send Tenant written notice. Tenant further agrees to accept a new lease for a different dwelling unit of the appropriate size or design. (2) The Authority may require a Tenant to move into another unit if it is determined neces- sary to rehabilitate or demolish Tenant's unit. (3) If a Tenant makes a wdtten request for special unit features in support of a documented disability or handicap, the Authority shall modify Tenant's existing unit. If the cost and extent of the modifications needed are similar to those required for a fully accessible unit, the Authority may transfer Tenant to another unit with the features requested at the Authority's expense. (4) A tenant without disabilities who is housed in a unit with special features may be required to transfer to a unit without such features should a Tenant with disabilities need the unit (at the Authodty's expense). (5) In the case of involuntary transfers, Tenant shall be required to move into the dwelling unit made available by the Authority. Tenant shall be given 10 days time in which to move following delivery of a transfer notice. If Tenant refuses to move, the Authority may terminate the Lease. [966.4 (c)(3)] Part I, Page 5 (6) Involuntary transfers are subject to the Administrative Grievance Procedure, and no such transfers may be made until either the time to request a Grievance has expired or the procedure has been completed. [966.4 (c)(4)] (7) The Authority will consider any Tenant requests for transfers in accordance with the transfer priorities established in the Admissions and Occupancy Policies. VIII. Authority Obligations [966.4 (e)] The Authority shall be obligated: (a) To maintain the dwelling unit and the project in decent, safe and sanitary condition; [966.4 (e)(1)] (b) To comply with the requirements of applicable building codes, housing codes, and HUD regulations materially affecting health and safety; [966.4 (e)(2)] (c) To make necessary repairs to the dwelling unit; [966.4 (e)(3)] (d) To keep project building, facilities, and common areas, not otherwise assigned to Tenant for maintenance and upkeep, in a clean and safe condition; [966.4 (e)(4)] (e) To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators supplied or required to be supplied by the Authority; [966.4 (e)(5)] (f) To notify Tenant of the specific grounds for any proposed adverse action by the Authority. (Such adverse action includes, but is not limited to, a proposed lease termination, transfer of Tenant to another unit, or imposition of charges for maintenance and repair, or for excess consumption of utilities.) When the Authority is required to afford Tenant the opportunity for a hearing under the Authority's Grievance Procedure for a grievance concerning a proposed adverse action: (1) The Notice of the proposed adverse action shall inform Tenant of the right to request such hearing. In the case of lease termination, a notice of lease termination that complies with federal HUD regulations shall constitute adequate notice of proposed adverse action. (2) In the case of a proposed adverse action other than a proposed lease termination, the Authority shall not take the proposed action until time to request such a hearing has expired and (if hearing was timely requested) the grievance process has been complet- ed. [966-4 (e)(8)] IX. Tenant's Obligations Tenant shall be obligated: (a) Not to assign the Lease, nor sublease the dwelling unit. [966.4 (f)(1)] (b) (1) Not to give accommodation to boarders or lodgers; [966.4 f)(2)] (2) Not to give accommodation to long term guests (in excess of 14 days) without the advance written consent of the Authority. Part I, Page 6 (c) (d) (e) (f) (g) (h) (i) (J) (k) To use the dwelling unit solely as a pdvate dwelling for Tenant and Tenant's household as identified in PART II of the Lease, and not to use or permit its use for any other purpose. With the prior written consent of the Authority, members of the household may engage in legal profitmaking activities in the dwelling unit. [966.4 (f)(3)] This provision does not exclude the care of foster children or live-in care of a member of Tenant's family, provided the accommodation of such persons conforms to the Authonty's Occupancy standards, and so long as the Authority has granted pdor written approval for the foster child(ren), or live-in aide to reside in the unit. [966.4 (d)((3)(i)] To abide by necessary and reasonable regulations promulgated by the Authority for the benefit and well-being of the housing project and Tenants. These regulations shall be posted in a conspicuous manner in the Housing Authority office and incorporated by reference in this Lease. Violation of such regulations constitutes a violation of the Lease. [966.4 (f)(4)] To comply with the requirements of applicable state and local building or housing codes, materially affecting health and/or safety of Tenant and household. [966.4(f)(5)] To keep the dwelling unit and other such areas as may be assigned to Tenant for exclusive use in a clean and safe condition. [966.4(0(6)] This includes keeping front and rear entrances and walkways for the exclusive use of Tenant, free from hazards and trash and keeping the yard free of debds and litter. Exceptions to this requirement may be made for Tenants who have no household members able to perform such tasks because of age or disability. [966.4 (g)] To dispose of all garbage, rubbish, and other waste from the dwelling unit in a sanitary and safe manner only in containers approved or provided by the Authority. [§ 966.4(f)(7)] To refrain from, and cause members of Tenanrs household or guest to refrain from, littering or leaving trash and debds in common areas. To use only in reasonable manner all electrical, sanitary, heating, ventilating, air-conditioning, and other facilities and appurtenances including elevators. [966.4(f)(8)] To refrain from, and to cause household and guests to refrain from destroying, defacing, damaging, or removing any part of the dwelling unit or project. [966.4 (f)(9)] To pay reasonable charges (other than for wear and tear) for the repair of damages to the dwelling unit, project buildings, facilities, or common areas caused by Tenant, household members or guests. [§ 966.4(f)(10)] To act, and cause household members or guests to act in a manner that will: (1) Not disturb other residents' or neighbors peaceful enjoyment of their accommodations; and (2) Be conducive to maintaining all Authority projects in a decent, safe, and sanitary condition. [966.4 (f)(11)] To assure that Tenant, any member of the household, a guest, or another person under Tenant's control, shall not engage in: (1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Authodty's public housing premises by other residents or employees of the Authori- ty, or, Part I, Page 7 (m) (n) (o) (P) (q) (r) ($) (t) (u) (v) (2) Any drug-related criminal activity. Any criminal activity in violation of the preceding sentence shall be cause for termination of tenancy, and for eviction from the unit. (For the purposes of this lease, the term drug-related criminal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufac- ture, sell, distribute, or use, of a controlled substance as defined in Section 102 of the Federal Controlled Substances Act.) [966.4 (f)(12)] (3) Any alcohol abuse which interferes with the health, safety, or right to peaceful enjoy- ment of the premises. Because evictions are civil, not criminal, matters, criminal activity may be cause for eviction even in the absence of conviction or arrest. To make no alterations or repairs or redecorations to the interior of the dwelling unit or to the equipment, nor to install additional equipment or major appliances without written consent of the Authority. To make no changes to looks or install new locks on exterior doors without the Authority's written approval. To use no nails, tacks, screws, brackets, or fasteners on any part of the dwelling unit (a reasonable number of picture hangers excepted) without authorization by the Authority. To give prompt prior notice to the Authority of Tenant's leaving dwelling unit unoccupied for any period exceeding 7 days. To act in a cooperative manner with neighbors and the Authority's Staff. To refrain from and cause members of Tenant's household or guests to refrain from acting or speaking in an abusive or threatening manner toward neighbors and the Authority's staff. Not to display, use, or possess or allow members of Tenant's household or guests to display, use or possess any firearms, (operable or inoperable) or other offensive weapons as defined by the laws and courts of the State of Iowa on the property of the Authority. To take reasonable precautions to prevent fires and to refrain from storing or keeping flamma~ ble materials upon the premises. Not to obstruct sidewalks, areaways, galleries, passages, elevators, or stairs, and to avoid using these for purposes other than going in and out of the dwelling unit. Not to erect or hang radio or television antennas on or from any part of the dwelling unit. Tenant must follow Authority's specification for cable installation. Not to place signs of any type in or about the dwelling except those allowed under applicable zoning ordinances and then only after having received written permission of the Authority. Tenant or any member of Tenant's household shall not keep, maintain, harbor, or board any dog, cat, livestock, or pet of any nature on the premises of any Authority property, unless a verified disability warrants the possession of a pet, which may be either a service animal or a companion animal. In accordance with the Authority's Pet Policy, pets may be kept in building or units designated by the Authority for the elderly or persons with disabilities. To remove from Authority property any vehicles without valid registration and inspection stickers. To refrain from parking any vehicles in any right-of-way or firelane designated and marked by the Authority. Any inoperable or unlicensed vehicle as described above will be Part I, Page 8 removed from Authority property at Tenanrs expense. Automobile repairs are not permitted on project site. (w) To remove any personal property left on Authority property when Tenant leaves, abandons or surrenders the dwelling unit. Property left for more than 30 days shall be considered abandoned and will be disposed of by the Authority. Costs for storage and disposal shall be assessed against the former Tenant. (x) To maintain yards and sidewalks in a reasonable manner which includes cutting grass and scooping snow. (Y) To use reasonable care to keep the dwelling unit in such condition as to ensure proper health and sanitation standards for Tenant, household members and neighbors. TENANT SHALL NOTIFY THE AUTHORITY PROMPTLY OF KNOWN NEED FOR REPAIRS TO THE DWELL- ING UNIT, and of known unsafe or unsanitary conditions in the dwelling unit or in common areas and grounds of the Project. Tenant's failure to report the need for repairs in a timely manner shall be considered to contribute to any damage that occurs. (z) (1) Not to commit any fraud in connection with any Federal housing assistance program, and (2) Not to receive assistance for occupancy of any other unit assisted under any Federal housing assistance program dudng the term of the lease. (aa) To pay promptly any utility bills for utilities supplied to Tenant by a direct connection to the utility company, and to avoid disconnection of utility service for such utilities. X. Defects Hazardous to Life, Health or Safety In the event that the dwelling unit is damaged to the extent that conditions are created which are hazardous to the life, health, or safety of the occupants: [966.4 (h)] Authority Responsibilities: (a) The Authority shall be responsible for repair of the unit within a reasonable pedod of time after receiving notice from Tenant, provided, if the damage was caused by Tenant, household members, or guests, the reasonable cost of the repairs shall be charged to Tenant. [966.4 (h)(2)] (b) The Authority shall offer Tenant a replacement dwelling unit, if available, if necessary repairs cannot be made within a reasonable time. Tenant shall accept any reasonable replacement unit offered by the Authority. The Authority is not required to offer Tenant a replacement unit if the hazardous condition was caused by Tenant, household members, or guests. [966.4 (h)(3)] (c) In the event repairs cannot be made by the Authority, as described above, and alternative accommodations are unavailable, then rent shall abate in proportion to the seriousness of the damage and loss in value as a dwelling. No abatement of rent shall occur if Tenant rejects alternative accommodations or if the damage was caused by Tenant, household members, or guests. [966.4 (h)(4)] (d) If the Authority determines that the dwelling unit is uninhabitable because of imminent danger to the life, health, and safety of Tenant, and alternative accommodations are refused by Tenant, this Lease shall be terminated, and any rent paid will be refunded to Tenant. Part I, Page 9 Tenant Responsibilities: (a) Tenant shall immediately notify the Housing Authority of the damage and intent to abate rent, when the damage is or becomes sufficiently severe that Tenant believes he/she is justified in abating rent. [966.4 (h)(I)] (b) Tenant agrees to continue to pay full rent, less the abated portion agreed upon by the Authority, during the time in which the defect remains uncorrected. Xl. Move-in and Move-out Inspections (a) Move-in Inspection: The Authority and Tenant or representative shall inspect the dwelling unit prior to occupancy by Tenant. The Authority will give Tenant a written statement of the condition of the dwelling unit, both inside and outside, and note any equipment provided with the unit. The statement shall be signed by the Authority and Tenant and a copy of the statement retained in Tenant's folder. [966.4 (i)] Any deficiencies noted on the inspection report will be corrected by the Authority, at no charge to Tenant. (b) Move-out Inspection: The Authority will inspect the unit at the time Tenant vacates and give Tenant a written statement of the charges, if any, for which Tenant is responsible. Tenant and/or representative may join in such inspection, unless Tenant vacates without notice to the Authority. [966.4 (i)] Xll. Entry of premises During Tenancy (a) Tenant Responsibilities (1) Tenant agrees that the duly authorized agent, employee, or contractor of the Authority will be permitted to enter Tenant's dwelling during reasonable hours (8 A.M. to 5 P.M.) for the purpose of performing routine maintenance, making improvements or repairs, inspecting the unit, or showing the unit for releasing. [966.4 (j)(1)] (2) When Tenant calls to request maintenance on the unit, the Authority shall attempt to provide such maintenance at a time convenient to Tenant. If Tenant is absent from the dwelling unit when the Authority comes to perform maintenance, Tenant's request for maintenance shall constitute permission to enter. (b) Authority's Responsibilities (1) Authority shall give Tenant at least 24 hours written notice that the Authority intends to enter the unit. Authority may enter only at reasonable times. [966.4 (1)] (2) The Authority may enter Tenant's dwelling unit at any time without advance notification when there is reasonable cause to believe that an emergency exists. [966.4 (j)(2)] (3) If Tenant and all adult members of the household are absent from the dwelling unit at the time of entry, Authority shall leave in the dwelling unit a written statement specifying the date, time and purpose of entry prior to leaving the dwelling unit. [966.4 (~)(3)] Xlll. Notice Procedures (a) Tenant Responsibility: Any notice to Authority must be in writing, delivered to Authority's central office. [966-4 (k)(I)(ii)] Pa~l, Page 10 (b) Authority Responsibility: Notice to Tenant must be in writing, delivered to Tenant or to any adult member of the household residing in the dwelling unit, or sent by prepaid first-class mail addressed to Tenant. [966.4 (k)(I)(i)] (c) Unopened, cancelled, first class mail returned by the Post Office shall be sufficient evidence that notice was given, whether signed or unsigned. (d) If Tenant is visually impaired, all notices must be in an accessible format. L966.4 (2)] XlV. Termination of the Lease In terminating the Lease, the following procedures shall be followed by the Authority and Tenant: (a) This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set forth in Section IX above, or for other good cause. [966.4 (1)(2)] Such serious or repeated violation of terms shall include but not be limited to: (1) The failure to pay rent or other payments when due; [966.4 (1)(2)] (2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th day of each month. Four such late payments within a 12 month period shall constitute a repeated late payment; [966.4 (1)(2)] (3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities; [966.4 (1)(2)] (4) Misrepresentation of family income, assets, or composition; [966.4 (c)(2)] (5) Failure to supply, in a timely fashion, any certification, release, information, or documen- tation on Family income or composition needed to process annual reexaminations or interim redeterminations. [966.4 (c)(2)] (6) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site; [966.4 (1)(2)] (7) Any activity by Tenant, household member, guest, or other person under Tenant's control, including cdminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority's public housing premises by other residents or employees, or any drug-related cdminal activity. [966.4 (1)(2)] (8) Weapons or illegal drugs seized in an Authority unit by a law enforcement of officer [966.4 (1)(2)] (9) Any fire on Authority premises caused by the tenant, household members or guests' actions or neglect. [966.4 (1)(2)] (b) The Authority shall give written notice of the proposed termination of the Lease of: (1) Three (3) days if the tenant has created a threat constituting a clear and present danger to the health and safety of other tenants or employees of the Authority. includ- ing a drug-related criminal activity on or off the premises. Pad I, Page 11 (c) (d) (e) (2) 14 days in the case of failure to pay rent; (3) A reasonable time, but not to exceed 30 days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened; (4) 30 days in any other case. [966.4 (1)(3)(i)(A), (B) & (C)] The notice of termination: (1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform Tenant of his/her right to make such reply as he/she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction. [966.4 (1)(3)(ii)] (2) When the Authority is required to offer Tenant the opportunity for a grievance hearing, the notice shall also inform Tenant of the right to request such a hearing in accordance with the Authority's Grievance Procedures. [966.4 (1)(3)(ii)] (3) Any notice to vacate (or quit) which is required by State or local law may be combined with, or run concurrently, with the notice of lease termination under this section. [966.4 (1)(3)(iii)] The Notice to Vacate must be in writing, and specify that if Tenant fails to quit the premises within the applicable statutory period, appropriate action will be brought against Tenant, and Tenant may be required to pay the costs of court and attorney's fees. (4) When the Authority is required to offer Tenant the opportunity for a grievance hearing under the Authority's Grievance Procedure for a grievance concerning the lease termi- nation, the tenancy shall not terminate (even if any Notice to Vacate under State of local law has expired) until the period to request a hearing has expired, or (if a hearing is requested) the grievance process has been completed. [966.4 (1)(3)(iv)] (5) When the Authority is not required to offer Tenant the opportunity for a hearing under the grievance procedure and the Authority has decided to exclude such grievance from Authority Grievance Procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination (b) specify the judicial eviction procedure to be used by the Authority for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in a court that contains the basic elements of due process as defined in HUD regulations; and (c) state whether the eviction is for a criminal activity that threatens health or safety of residents or staff or for drug-related criminal activity. [966.4 (1)(3)(v)] (6) The Authority may evict the Tenant from the unit only by bringing a court action. [966.4 (1)(4)] Tenant may terminate this Lease at any time by giving 30 days written notice as described in Section XlII, above. In deciding to evict for criminal activity, the Authority shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participa- tion by or awareness of family members, and the effects that the eviction would have both on family members not involved in the proscribed activity and on the family's neighbors. In appropriate cases, the Authority may permit continued occupancy by remaining family mem- bers and may impose a condition that family members who engaged in the proscribed activity will neither reside in nor visit the unit. The Authority may require a family member who has Part I, Page 12 engaged in the illegal use of drugs to present credible evidence of successful completion of a treatment program as a condition to being allowed to reside in the unit. [966.4 (1)(5)] (f) When the Authority evicts a tenant from a dwelling unit for criminal activity the Authority shall notify the local Post Office serving that dwelling unit that such individual or family is no longer residing in the unit so the Post Office will stop mail delivery for such persons and they will have no reason to return to the unit. [966.4 (I)(S)(ii))] XV. Waiver No delay or failure by the Authority in exercising any dght under this lease agreement, and no partial or single exercise of any such dght shall constitute a waiver (post or prospective) of that or any other dght, unless otherwise expressly provided herein. XVl. Housekeeping Standards In an effort to improve the livability and conditions of the apartments owned and managed by the Authority, uniform standards for resident housekeeping have been developed for all tenant families. (a) Authority Responsibility: The standards that follow will be applied fairly and uniformly to all Tenants. The Authority will inspect each unit at least annually, to determine compliance with the standards. Upon completion of an inspection, the Authority will notify Tenant in wdting if he/she fails to comply with the standards. The Authority will advise Tenant of the specific correction(s) required to establish compliance, and indicate that training may be available from other agencies. Within a reasonable pedod of time, the Authority will schedule a second inspection. Failure of a second inspection will constitute a violation of the lease terms. (b) Tenant responsibility: Tenant is required to abide by the standards set forth below. Failure to abide by the Housekeeping Standards that results in the creation or maintenance of a threat to health or safety is a violation of the lease terms and can result in eviction. (c) Housekeeping Standards: Inside the Dwelling Unit General: (1) (2) (3) (4) (5) (7) (8) (9) Kitchen: (1) (2) Walls and ceilings: should be clean, free of holes. Floors: should be clean, clear, dry and free of hazards. Windows: should be clean and not nailed shut. Shades or blinds should be intact. Woodwork: should be clean, free of dust, gouges, or scratches. Doors: should be clean. Doorstops should be present. Locks should work. Heating units: access should be uncluttered. Trash: shall be disposed of propedy and not left in the unit. Entire unit should be free of rodent or insect infestation. Stove: should be clean and free of food and grease. Refrigerator:. should be clean. Freezer door should close properly and freezer should be defrosted routinely Part I, Page 13 (d) (3) Cabinets: should be clean. Cabinet surfaces and countertop should be free of grease and spilled food. Cabinets should not be overloaded. Storage under the sink should be limited to small or lightweight items to permit access for repairs. Exhaust Fan: should be free of grease. (5) Sink: should be clean, free of grease and garbage. (6) Food storage areas: should be neat and clean without spilled food. (7) Bathroom: (1) (2) (3) (4) (S) Trash/garbage: should be stored in a proper container until removed to the disposal area. Toilet and tank: should be clean and odor free. Tub and shower: should be clean and free of excessive mildew and mold. Where applicable, shower curtains should be in place, and of adequate length. Lavatory: should be clean. Exhaust fans: should be clean. Floor: should be clean and dry. Storage Areas: (1) Storage areas: should be clean, neat and free of hazards. No highly flammable materials should be stored in the unit. Housekeeping Standards: Outside the Dwelling Unit The following standards apply to family and scattered site development only; some standards apply only when the area noted is for the exclusive use of Tenant: (1) (2) (3) (4) (5) (6) (7) (8) (9) Yards: should be free of debris, trash, and abandoned cars. Exterior walls should be free of graffiti. Porches (front and rear): should be clean and free of hazards. Any items stored on the porch shall not impede access to the unit. Steps (front and rear): should be clean, and free of hazards. Sidewalks: should be clean and free of hazards. Storm doors: should be clean, with glass or screens intact. Parking areas: should be free of abandoned cars. There should be no car repairs in the lots. Hallways: should be clean and free of hazards. Stairwells: should be clean and uncluttered. Laundry areas: should be clean and free of hazardous materials. Remove lint from dryers after use. (10) Utility room: should be free of debris, motor vehicle parts, and flammable materials. Part I, Page 14 TENANT AGREES THAT ALL THE PROVISIONS OF THIS LEASE HAVE BEEN READ AND ARE UNDERSTOOD AND FURTHER AGREES TO BE BOUND BY ITS PROVISIONS AND CONDITIONS AS WRI'n'EN. ( SIGNATURE REQUIRED ON PART II OF THE LEASE.) Signature Date ~ass~eas~x I w~5 Part I, Page 15 ADMINISTRATIVE COPY HOUSING AUTHORITY OF IOWA CITY · ~k, RESIDENTIAL LEASE AGREEMENT  THIS LEASE IS IN TWO PARTS: Part I establishes%~ Terms and Conditions of the lease, These apply to = residents; Part II is a sample le~e contract, This is executed by the resident and ~ ~ Authority, includes Part I Terms and Conditions (b~,~,erence)and the following information specifiF'e ,(h family's circumstances: · Ide tificn ation of ~1 members of Tenant household by 'el ¢ns ~il to the Head of the House- hold their social s'e,,~urity numbers, ages (at the time of ase execution) and dates of birth o (BOB); ~ Unit address, occupancy date, project name and Pro-rated and full monthly ~t amount, security utility allowance provided (if pro-rated and the amount of any other char, due under )osit required, pro-rated and full monthly monthly utility reimbursement (if any) and lease; Utilities and appliances provided with the unit; · All pamphlets or informational mated rovided to Tenant; Signature line for the parties to the the lease); all adult members of Tenant household must sign Emergency telephone number f( outside of normal Authority wo hours, se if maintenance problems arise with the unit Part I, Page 1 PART I o~,the RESIDENTIAL LEASE AGREEMENT: TERMS AND COl 'IONS ~, Iowa City Housing Authority / THIS LEA,,SE AGR.E,,,E~M_~. (hereafter "lease")is between Iowa City Ho,,usir ~_.,,A, uthority of Iowa City (hereafter Authority") and ~.ant named ,n Part II of this lease (hereafter "t/~nt ). [966.4 (a)] I. Description of the Par~nd Premises: [966.4 (a)] / (a) The Authority, using ~ta provided by Tenant about incom/, family composition, and needs, leases to Tenant, the p~perty (called "premises" or "dwe~ng unit"' described in Part II of this Lease Agreement, subje~o the terms and conditions Contained in this lease. [966.4 (a)] (b) Any additions to the househ,,old members named or ~e lease, including Live-in Aides and foster children b, u et xcludin~ natural births, re the advance written approval of the Authority. This approval will boa ranted only if the family members pass the Authority's screening criteria and a unit ~e appropriate is available. Permission to add Live-in Aides and foster children shall n, be unreasor refused. [966.4 (a)(2) & (d)(3)(i)] The Tenant agrees to wait for the move into the Premises. Failure serious violation of the material terms lease in accordance with Section XlV )roval before allowing additional persons to of Tenant to comply with this provision is a lease, for which the Authority may terminate the 6.4 (f)(3)] (c) Deletions (for any reason) from the hou by Tenant to the Authority in writing, (f)(3)]. Failure on the part of Tenant material terms of the lease, for wh the with Section XI.V. [966.4 (f)(3)] members named on the lease shall be reported days of the occurrence. [966.4 (c)(1) & (2) & ith this provision is a serious violation of the ty may terminate the lease in accordance II. Lease and Amount of Rent (a) Unless otherwise modified inated in automatically be renewed fi successive terms of one Section XlV, this Lease shall ldar month. [966.4 (a)(1)] (b) The rent amount is Part II of this Lease. Rent shall main in effect unless adjusted by the Authority in accol race with Section VII. [966.4 (c)] The amount of the T Tenant Payment and Tenant Rent s~11 be determined by the Authority, in complian~ with HUD regulations and requirements an~in accordance with the Authority s Admiss? ~nd Occupancy Policy. [966.4 (c)] ~ Rent is DUE and/PA ABLE in advance on the first day of each A[onth and shall be considered delinquent after the 5th calendar day of the month, Rent h~ay include utilities as described in }Section Vi, and includes all maintenance services due to'~ormal wear and tear. [966.4 (e~) & (3)] ~ When the Au~0rity .makes any change in the amount of Total Tenant Paymb~t or Tenant Rent, the Au~ority shall give written notice to Tenant. The notice shall state the n~w amount, and the dat~ from which the new amount is applicable. Rent redetermm' ations are',~ubject to the Admin ;trative Grievance Procedure. The notice shall also state that Tenant maX ask for an expla :ion of how the amount is computed by the Authority. if Tenant asks for artkexpla- nation, Authority shall respond in a reasonable time. [966.4 (c)(4)] ~~ Part I, Page 1 III. Other Charges In addition to~,rent, Tenant is responsible for the payment of certain other specified in this lease. The type(s) ar~ amounts of other charges are specified in Part il of this L~ Agreement. Other charges can include: [96~,x(b)(2)] (a) ' : ..... (b) charge shall be assessed',{,or excess utility con ml~tion due to the operation of major tenant supplied app!! nc_a es. Thi? ~'!~rge does not a to Tenants who pay their utilities directly to a utility. supplier_. [966.4 .(b)(2~. . (c) Late Charges: I acn cordance with~ Subsection 7, Code of Iowa, a late payment fee of $10.00 per day for each of charged to the Tenant unless prior marked on or after the due date and late rent payment. The Authority sh addition to Tenant Rent, and when sooner than two weeks after Ter [966.4 (b)(4)] days after rent due becomes delinquent shall be ements have been made. Payment of rent post- ;cks returned by the Tenant's bank will be considered )vide written notice of the amount of any charge in e is due. Charges in addition to rent are due no the Authority's written notice of the charge. IV. Payment Location Rent and other charges can be paid Main Office at the Civic Center, 410 E. Washington Street or at other locations specified ir Part II of this Residentia V. Security Deposit (a) Tenant Responsibil Residential Lease. The dollar amount of the (b)(5)] deposit is noted on Part II of this (b) Authority's Resl this Lease: ;abilities: The Authority will use the Deposit at the termination of 1. To pt this cost of any rent or any other charges owed at the termination of 2. T~ 9 the cost of repairing any intentional or es to the dwelling caused by Tenant, household members or guests. The Security Dep( No refund of the inspected by tb The return of to return the he/she f not be used to pay rent or other charges while ies the dwelling unit. Deposit will be made until Tenant has vacated, and the ling unit has been Authority. deposit shall occur within 30 days after Tenant moves out. The ~thority agrees Deposit plus accrued interest (subject to applicable laws), if any, to'kTenant when less any deductions for any costs indicated above, so long as Ten Part I, Page 2 Authority with a forw~ding address. If any deductions are made, the Authority will furnish Tenant with a written statement of ~y such costs for damages and/or other charges d, educted from the Security Deposit. Vl. Utilities and Appl~nces [966.4 (b)(1)] ~ (a) Utilities: The Authority such as air con( the written a the electricity provide 'a cooking range and refrigerator. ~Dther major electrical appliances, loners, freezers, extra refrigerators, may b/e installed and operated only with of the Authority. A monthly service ch~trge will be payable by Tenant for in the operation of such appliances. At Muscatine Garbage is also water and sewer of washing mac service is paid by the Authority. (b) Tenant-paid Utilities: If electricity, natural gas, ate for the size and type ;nant resides in a developm, fuel, an Allowance unit for utilities t where the Authority does not supply ies shall be established, appropri- pays directly to the utility supplier. The Authority may change give Tenant 60 days written in Tenant Rent or Utility Allowance at any ice of the rsement. [965. during the term of the lease, and shall along with any resultant changes (c)] (c) Tenant Responsibilities: All expense of the tenant. Tenant as are rendered by utility maintain sufficient heat to prevent merit immediately if heat cannot be damages resulting from failure to ma occurrence is clearly beyond Tenant's not suppli, by the authority shall be the responsibility and to pay all utility deposits and to pay such bills )ect to the dwelling unit. Tenant agrees to of piped water. Tenant agrees to notify manage- ;hed for any reason and will be charged for any tin heat or to so notify management unless such ntrol. VII. Terms and Conditions The following terms and conditions of occu a par[ of the Lease. (a) (b) Use and Occupancy of Dwelling: shall the right to exclusive use and occupancy of the dwelling unit for Tenant. other ~old members listed on the lease. With the prior written consent of the A membe of the household may engage in legal profitmaking activities in the d, ~11ing unit. [966.4 (1) & (2)] This provision permits reaso~ accommodation o~,Tenant's guests or visitore for a period not exceeding 14 days eao~ Permission may I~e granted, upon written request to the Housing Authority, for an~l a of this provision. [9~6.4 (d)(I)] Ability to comply with Le¢se terms: If, during the term b~f this Lease, Tenant, by reason of physical or mental impair/Her t, is no longer able to comply~with the material provisions of this lease and cannot make ¢rrar ;lements for someone to aid hf~n/her in complying with the lease, and the Authority cann(~t make any reasonable accommoda~on that would enable Tenant to comply with the leasee THEN the Authority will assist Tena~, or designated member(s) of Tenant's family, to fire 'more suitable housing. If there are no f~mily members who can or will take responsibility fo moving Tenant, the Authority will work ~ith appropriate agencies to secure suitable hou,, ~g and will terminate the Lease in accordalice with Section XlV of this lease. [966.4] '~. Par[ I, Page 3 ~ (o) At the'time of admission, all Tenants must identify the family member(s) to be contacted if they become unable to comply with lease terms. the ination of Rent, Dwelling Size, and Eligibility. The rent amount as fixed in Part II of \greement is due each month until changed as described below. (1) The of each family is to be re-examined at least once a year. [960.209] (2) Tenant lall supply the Authority, when requested, with accurate information about: family )osition, age of family members, income and source of income of all family members, and related information necessary to determine eligibility, annual income, ad income, and rent. [966.4 (c)(2)] Failure to su y such information when requested is serious violation of the terms of the lease, the Authority may terminate the All information ;t be verified. Tenant agrees to for verification by Ining releases for third- review, or providin! }ther suitable forms of verif 'with the Authority's requests presenting documents for ation. [966.4 (0)(2)] The Authority shall and of the date Tenant reasonable n any action must be of what actions Tenant must take for compliance under this section. This information will be be changed, and ~d by the to decide whether the rent amount should he dwelling si: is still appropriate for Tenant's needs. This determination will be Policy, which is publicly furnished on request at the tde in accwith the Admissions and Occupancy Office. A copy of the policies can be the person making the request. (3) Rent as stated in Part II shall n in effect between regular re-examinations, UN- LESS during such period: [960.2, (b)] (a) A person with income jo~n household. (b) Tenant can verify a cha~ of income) that would circumstances (such as decline in or loss luction in rent. [913.107] (4) If a reduction is gran ;d, Tenant r~ust report subsequent increases in income within 10 days of thee ..cu 'rence, untOthe next scheduled re-examination. Failure to report within the/( days may rest~in a retroactive rent charge. (c) It is found that Ten/Ant has misrepresentb~d the facts upon which the rent is based so that the rent T/ena'~t is paying is lessKhan the rent that he/she should have been charged. T/he Authority then may al~ly an increase in rent retroactive to the first of the/tnonth following the month'~n which the misrepresentation oc- curred. I ~ (d) Rent formu /or procedures are changed by'k~eral law or regulation, All changes in far y composition must be reported to theHousing Manager within 10 days of the occu Failure to report within the 10 days~may result in a retroactive rent charge. [9( (¢) (2)] Part I, Page 4 (d) This Lease will NOT be revised to permit a change of family composition resulting from a request to allow adult children to move back into the unit unless it is determined that the move is essential for the mental or physical health of Tenant AND it does not disqualify the family for size unit it is currently occupying. ~t Adjustments: Tenant will be notified in writing of any rent adjustment due to the situa- described in Section C. All notices will state the effective date of the rent adjustment. (1) In the case of a rent decrease, the adjustment will become effective on the first day of le month following the reported change in circumstances or change in Federal law or ulations, provided Tenant reported the change in a timely manner, as specified ~ve (when change is based on new circumstances). (2) in re case of a rent increase, when an increase in income on and is reported within 10 days of the occurrence the first day of the 2nd month following the Jrs after a prior rent increase will become which the change was (3) In the increase which the A of a rent increase due to a change in become effective the first day of the sec~ notifies the tenant of the law or law or regulations, the month following the month in lulatory change. (4) In the case of rent increase due to misre family or failure to report an incre. per the fixed rent licy), the Authority shall a first of the month the month in whi failure to report a change in in income (after a reduction in rent the increase in rent retroactive to the the misrepresentation occurred. (e) Transfers [966.4 (3)] (1) Tenant agrees that if the unit is no longer apl~ notice. Tenant further a appropriate size or design. Jthority that the size or design of the dwelling needs, the Authority shall send Tenant written a new lease for a different dwelling unit of the (2) The Authority may require a Ter sary to rehabilitate or demolis to move into another unit if it is determined neces- nt's unit. (3) If a Tenant makes a written disability or handicap, the extent of the modificatio~ unit, the Authority may the Authority's expen., needed are Tenant )ecial unit features in support of a documented modify Tenant's existing unit. If the cost and irailar to those required for a fully accessible another unit with the features requested at (4) (5) (6) A tenant without di required to need the unit (at who is a unit without such Authority's expense). in a unit with special features may be lures should a Tenant with disabilities In the case of transfers, Tenant shall I:~ required to move into the dwelling unit made av~ by the Authority. Tenant shall Re given 10 days time in which to move followi/d delivery of a transfer notice. If Tena'~t refuses to move, the Authority may termiCt~ the Lease. [966.4 (0)(3)] Involunta/fy, transfers are subject to the Administrative (~rievance Procedure, and no such t'ansfers may be made until either the time to request a Grievance has expired or the procedure has been completed. [966.4 (c)(4)] Part I, Page 5 The Authority will consider any Tenant requests for transfers in accordance with the transfer priorities established in the Admissions and Occupancy Policies. VIII. Authority igations [966.4 (e)] The Authority shall obligated: (a) To (e)(1)] the dwelling unit and the project in decent, and sanitary condition; [966.4 (b) To comply regulations the requirements of applicable buildir codes, housing codes, and HUD ally affecting health and safety; [96~ (e)(2)] (c) To make )airs to the dwelling unit; [9t (e)(3)] (d) To keep project maintenance and u facilities, and common in a clean and safe not otherwise assigned to Tenant for [966.4 (e)(4)] (e) To maintain in good and fe working ord heating, ventilating, and a to be supplied by the Authorlb (e), and condition electrical, plumbing, sanitary, including elevators supplied or required (f) To notify Tenant of the specific (Such adverse action includes, but Tenant to another unit, or imposition consumption of utilities.) When the a hearing under the Authority's Gri~ adverse action: any proposed adverse action by the Authority. limited to, a proposed lease termination, transfer of charges for maintenance and repair, or for excess )rity is required to afford Tenant the opportunity for Procedure for a grievance concerning a proposed (1) The Notice of the propose such hearing. In the ca: complies with federal adverse action. adverse of lease regulations on shall inform Tenant of the right to request ~ination, a notice of lease termination that :11 constitute adequate notice of proposed (2) In the case of a prop Authority shall not expired and (if hea ed. [966-4 (e)(8)] ed adverse action otl- han a proposed lease termination, the the proposed action time to request such a hearing has was timely requested) the '~evance process has been complet;- IX. Tenant's Obligations Tenant shall be obligated: (a) Not to assign the ,ase, nor sublease the dwelling unit. [966.4 (1)] (b) (1) Not to giw accommodation to boarders or lodgers; [966.4 '.)] (2) Not to adv~ accommodation to long term guests (in excess consent of the Authority. 14 days) without the (c) To use identified [966.4 (f)(3 elling unit solely as a private dwelling for Tenant and II of the Lease, and not to use or permit its use for ~t's household as other purpose. Pa~l, Page 6 (d) (e) (f) (g) (h) (i) (J) This vision does not exclude the care of foster children or ;-~n care of a member of tmily, provided the accommodation of such to the Authority's Occu and so long as the Authority has grante prior written approval for the foster childl or live-in aide to reside in tile unit. [966.4 (3)(i)] To abide by ;essary and reasonable regulations benefit and 4ng of the housing project and Tenants. in a conspicuous in the Housing Authority office Lease. Violation ;uch regulations constitutes a vi To comply with the materially affecting tated by the Authority for the regulations shall be posted incorporated by reference in this of the Lease. [966.4 (f)(4)] uirements of applicable local building or housing codes, and/or safety of Tenant al household. [966.4(f)(5)] To keep the dwelling unit other such areas a,~ be assigned to Tenant for exclusive use in a clean and tion. [966.4(f)(6)] Thincludes keeping front and rear entrances and walkways for the exclus use of Tenant from hazards and trash and keeping the yard free of debris and litter. to thi~ uirement may be made for Tenants who have no household members e to perform Jch tasks because of age or disability. [966.4 (g)] To dispose of all garbage, safe manner only in containers a from, and cause members of Tenant's trash and debris in common areas. waste from the dwelling unit in a sanitary and by the Authority. [§ 966.4(f)(7)] To refrain Jsehold or guest to refrain from, littering or leaving To use only in reasonable manner all and other facilities and a :al, sanitary, heating, ventilating, air-conditioning, ~g elevators. [966.4(f)(8)] To refrain from, and to cause hou ;hold lests to refrain from destroying, defacing, damaging, or removing any part o he dwelling ~it or project. [966.4 (f)(9)] To pay reasonable charges (oth< dwelling unit, project buildings, members or guests. [§ 966.4(f) than for wear ~cilities, or commo o)] tear) for the repair of damages to the areas caused by Tenant, household (k) To act, and cause household lembers or guests to act manner that will: (1) Not disturb other and or neighbors peaceful en ~ent of their accommodations; (2) Be conducive to condition. [966.4 (f'. 1)] all Authority projects in a cent, safe, and sanitary To assure that Tenant, ny member of the household, a guest, Tenant's control, shall engage in: 3other person under (1) (2) Any criminal acti that threatens the health, safety, or right to enjoyment of the Authority's ~blic housing premises by other residents or employ6 . of the Authori- Any drug-rela/ted criminal activity. Any criminal activity in violation of thee preceding sentence shall be cause for termination of tenancy, and for eviction from th~,,unit. (For the purposes of this lease, the term drug-related criminal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufac- Part I, Page 7 (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) ture, sell, distribute, or use, of a controlled substance as defined in Section 102 of the Federal Controlled Substances Act.) [966.4 (f)(12)] (3) Any alcohol abuse which interferes with the health, safety, or right to peaceful enjoy- ment of the premises. tecause evictions are civil, not criminal, matters, criminal en in the absence of conviction or arrest. be cause for eviction To ake no alterations or repairs or redecorations to the intel of the dwelling unit or to the equ~l nor to install additional equipment or major appli without written consent of the AL ority. To make no changes to locks or install new ',ks on exterior doors without the written approval. To use no nails, tacks, or fasteners on any part of the ;ing unit (a reasonable number of picture han rs excepted) without authorization by the ~rity. To give any period notice to the Authority of Tenan leaving dwelling unit unoccupied for 7 days. To act in a coo cause members of abusive or ve manner with neighbors ~nant's household or gue., ~ner toward neighbin Authority's Staff. To refrain from and to refrain from acting or speaking in an and the Authority's staff. Not to display, use, or use or possess any by the laws and courts of ;ess or allow (operable or in( State of Iowa of Tenant's household or guests to display, or other offensive weapons as defined n the property of the Authority. To take reasonable ~ ble materials upon the and to refrain from storing or keeping flamma- Not to obstruct sidewalks, using these for purposes other than passages, elevators, or stairs, and to avoid in and out of the dwelling unit. Not to erect or hang radio or telev Tenant must follow Authority's sp~ as on or from any part of the dwelling unit. for cable installation. Not to place signs of any type in about except those allowed under applicable zoning ordinances and then onl after havin, ~ceived written permission of the Authority. Tenant or any member dog, cat, livestock, or pet of verified disability warrants a companion animal. household nature on the possession of a pet, not keep, maintain, harbor, or board any rises of any Authority property, unless a lich may be either a service animal or In accordance with the by the Authority for the ¢'s Pet Policy, pets may or persons with disabilities. in building or units designated To remove from A property any vehicles Without d registration and inspection stickers. To refrail parking any vehicles in any or firelane designated and marked by the Any inoperable or unlicensed s described above will be removed from ~,'bthority property at Tenant's expense. \repairs are not permitted on project site. ~ To remove any personal property left on Authority property when Tenant leaves, abandons or surrenders the dwelling unit. Property left for more than 30 days '~all be considered Part I, Page 8 ~ abandoned and will be disposed of by the Authority. Costs for store and disposal shall be assessed against the former Tenant. To maintain yards and sidewalks in a reasonable manner whic includes cutting grass and scooping snow. (Y) use reasonable care to keep the dwelling unit in such co~ as to ensure proper health ~d sanitation standards for Tenant, household members neighbors. TENANT SHALL PROMPTLY OF KNOWN NEE REPAIRS TO THE DWELL- UNIT, and of known unsafe or unsanitary conditio; in the dwelling unit or in common and grounds of the Project, Tenant's failure to )ort the need for repairs in a timely shall be considered to contribute to any e that occurs. (z) (1) to commit any fraud in connection with and Federal housing assistance program, (2) Not to assistance for occu housing sistance program during th any other unit assisted under any Federal of the lease. (aa) To pay promptly utility bills for utilities, )lied to Tenant by a direct connection to the utility company, :o avoid disconnec~n of utility service for such utilities. X, Defects Hazardous to Life, or Safety / / In the event that the dwelling unit is aged to extent that conditions are created which are hazardous to the life, health, or safety of the OCCL (h)] Authority Responsibilities: (a) The Authority shall be resport: for repair of the unit within a reasonable period of time after receiving notice from Tenar /ided, if the damage was caused by Tenant, household members, or guests, the cost of the repairs shall be charged to Tenant. [966.4 (h)(2)] (b) The Authority shall offe,~enant a re ~ement dwelling unit, if available, if necessary repairs cannot be made withir~'a reasonable ~e. Tenant shall accept any replacement unit offered by the Authority. nT~'e Authority is : ~,equired to offer Tenant a replacement unit if the hazardous conditio/~ was caused by na~ household members, or guests. [966.4 (h)(3)] (c) In the event rep..a~,¢s cannot be made by the'~uthority, as described above, and alternative accommodation~ are unavailable, then rent sh~,11 abate in proportion to the seriousness of the damage and Io)~s in value as a dwelling. No al~atement of rent shall occur if Tenant rejects alternative acc/0mmodations or if the damage w)~s caused by Tenant, household members, or guests. [,~6.4 (h)(4)] ~ (d) If the AuthCrity determines that the dwelling unit is ur~nhabitable because of imminent danger to the life, health, and safety of Tenant, and alterd live accommodations are refused by Tenan~,[his Lease shall be terminated, and any rent aid will be refunded to Tenant. Tenant Respons.~i~ities: (a) Tenant shall immediately notify the Housing Authority damage and intent to abate rent, v~en the damage is or becomes sufficiently severe ~nt believes he/she is justified in //~bating rent. [966.4 (h)(I)] / Part I, Page 9 (b) Tenant agrees to continue to pay full rent, less the abated portion Authority, during the time in which the defect remains uncorrected. upon by the Xl. Move-in and Move-out Inspections (a) Move-in Inspection: The Authority and Tenant or representative prior to occupancy by Tenant. The Authority will give Tenan1 condition of the dwelling unit, both inside and outside, and note the unit. The statement shall be signed by the Authority statement retained in Tenant's folder. [966.4 (i)] Any deft. report will be corrected by the Authority, at no charge to inspect the dwelling unit written statement of the equipment provided with Tenant and a copy of the noted on the inspection (b) ve-out Inspection: The Authority will inspect the nt a written statement of the charges, if any, )resentative may join in such inspection, un [966.4 (i)] the time Tenant vacates and give Tenant is responsible. Tenant vacates without notice to the Xll. Entry of premises uring Tenancy (a) Tenant Res ities (1) Tenant s that the duly will be d to enter Tenant's for the performing roL inspecting the or showing agent, employee, or contractor of the Authority during reasonable hours (8 A.M. to 5 P.M.) maintenance, making improvements or repairs, unit for releasing. [966.4 0)(1)] (2) When Tenant provide such dwelling unit when the maintenance shall consl ~ance on the unit, the Authority shall attempt to time convenient to Tenant. If Tenant is absent from the .rity comes to perform maintenance, Tenant's request for permission to enter. Xlll. (b) Authority's Responsibilities (1) Authority shall give at le~t 24 hours written notice that the Authority intends to enter the unit. Auth! may ente~ only at reasonable times. [966.4 (1)] (2) The Authority i~a/nte, Tenant's dwelling unit at any time without advance notification when there is ~sonabl9 cause to bede that an emergency exists. [966.4 (j)(2)] (3) If Tenant and/all adult members of the h0~sehold are absent from the dwelling unit at the time of eCtry, Authority shall leave in the'~welling unit a written statement specifying the date, t~he and purpose of entry prior tot~ving the dwelling unit. [966.4 (j)(3)] Notice Procedures / (a) Tenant Resp?nsibility: Any notice to Authonty must beX~n writing, delivered to Authority's central office [966-4 (k)(I)(ii)] (b) Authority ~esponsibility: Notice to Tenant must be_ in wr!tin~ delivered to Tenant or to any adult me~hber of the household residing in the dwelling unit, or .~ent by prepaid first-class mail addres/~d to Tenant. [966.4 (k)(I)(i)] (c) Unop~..ned, can ec lied, first class mail returned by the Post Office &[qail be sufficient evidence that n~tice was given, whether signed or unsigned. Part I, Page 10 (d) V. Termination of the Lease In (b) If Tenant is visually impaired, all notices must be in an accessible format. L966.4 (2)] / the Lease, the following procedures shall be followed by the This Lease may be terminated only for serious or repeated viok Lease, such as failure to make payments due under the leas~ set forth in Section IX above, or for other good cause. [966., and Tenant: of material terms of the to fulfill Tenant obligations ',h serious or repeated violation of terms shall include not be limited to: (1)'he failure to pay rent or other payments when [966.4 (1)(2)] (2) late payment, which shall be defined failure to pay the amount of rent or (3) (4) (5) (6) (7) ,'harges due by the 5th day of each mon mon! )eriod shall constitute a repeated late Failure utility bills when Tenant is res supplier of lities; [966.4 (1)(2)] Misre[ of family income, ass, Failure to supply, in tation on Family interim Serious or repeated unit, common areas, Any activity by Tenant, Four such late payments within a 12 ayment; [966.4 (1)(2)] paying such bills directly to the Iimely fashion, ar or corn [966.4 or composition; [966.4 (c)(2)] certification, release, information, or documen- needed to process annual reexaminations or dwelling unit, creation of physical hazards in the areas of any project site; [966.4 (1)(2)] member, guest, or other person under Tenant's control, including criminal acti threatens the health, safety or right to peaceful enjoyment of the Authority's sing premises by other residents or employees, or any drug-related crimina 5.4 (1)(2)] Weapons or illegal drugs/seized in an Au~ority unit by a law enforcement of officer (8) [966.4(1)(2)] / ~, (9) Any fire on Authority 15remises caused by the t~-N~ant, household members or guests' actions or neglect. [,/9~6.4 (1)(2)] '- i'~ The Authority shall give ,¢vritten notice of the proposed termRation of the Lease of: (1) Three (3)day~fif the tenant has created a threat cons~t uting a clear and present danger to the/health and safety of other tenants or employe~s of the Authority, includ- ing a drug-r~fated criminal activity on or off the premises. ~ (2) 14 days i~/the case of failure to pay rent; ~ (3) A reaso¢able time, but not to exceed 30 days, considering the seriousness of the situatio/when the health or safety of other tenants or Authority staff is threatened; (4) 30 da~s in any other case. [966.4 (1)(3)(i)(A), (B) & (C)] Part I, Page 11 (c) The notice of termination: (1) The notice of termination to Tenant shall state speci inform Tenant of his/her right to make such reply right to examine Authority documents directly [966.4 (1)(3)(ii)] reasons for the termination, shall he/she may wish, and of Tenant's to the termination or eviction. (2) When the Authority is required to offer Tenan1 the notice shall also inform Tenant of the with the Authority's Grievance Procedures. opportunity for a grievance hearing, request such a hearing in accordance (1)(3)(ii)] (3) Any notice to vacate (or quit) which is re( by State or local law may be combined ,ith, or run concurrently, with the notice lease termination under this section. [966.4 The Notice to Vacate writing, and specify that if Tenant fails to quit ~remises within the applicable period, appropriate action will be brought a Tenant, and Tenant may be uired to pay the costs of court and attorney's fees. (4) When the [hority is required to under the AL ority's Grievance nation, the icy shall not te local law has ed) until the is requested) the 'evance p Tenant the opportunity for a grievance hearing for a grievance concerning the lease termi- (even if any Notice to Vacate under State of to request a hearing has expired, or (if a hearing has been completed. [966.4 (1)(3)(iv)] (5) When the the grievance [ Authority Grievance Pr~ Tenant is not entitled to eviction procedure to bE determined that this evk that contains the basic state whether the evi, residents or staff or uired to offer Tenant the opportunity for a hearing under the Authority has decided to exclude such grievance from ure, the notice of lease termination shall (a) state that tievance hearing on the termination (b) specify the judicial by the Authority for eviction and state that HUD has cedure provides the opportunity for a hearing in a court due process as defined in HUD regulations; and (c) is criminal activity that threatens health or safety of druc. .-riminal activity. [966.4 (1)(3)(v)] (6) The Authority may the Tenant (1)(4)] unit only by bringing a court action. [966.4 (d) Tenant may terminate is Lease at any time by in Section XIII, ng 30 days written notice as described (e) In deciding to evict criminal activity, the Authority have discretion to consider all of the circumstances the case, including the seriousness ~e offense, the extent of participa- tion by or awaren, of family members, and the effects he eviction would have both on family members involved in the proscribed activity ~n the family's neighbors. In appropriate cas the Authority may permit continued occu by remaining family mem- bers and may ~ose a condition that family members who en( in the proscribed activity will neither re.'in nor visit the unit. The Authority may require member who has engaged in illegal use of drugs to present credible evidence of ~cessful completion of a treatment ram as a condition to being allowed to reside in the [966.4 (1)(5)] (f) When the evicts a tenant from a dwelling unit for criminal activity Authority shall notify the Post Office serving that dwelling unit that such individual is no longer residing the unit so the Post Office will stop mail delivery for such persons Id they will have n( reason to return to the unit. [966.4 (I)(S)(ii))] Part I, Page 12 XV. Waiver No delay or failure by the Authority in exercising any right under this lease a and no partial or single exercise of any such right shall constitute a waiver (post or prospective) of or any other right, unless other~se expressly provided herein. XVl. Housek~ing Standards In an effort to impl'~ve the livability and conditions of the apartments owned managed by the Authority, uniform standards ~,or resident housekeeping have been developed for all .nt families. (a) AuthorityResponsibility: The standards that follow will be/~a~ ~lied fairly and uniformly to all Tenants. T~e Authority will inspect each unit at least ann/[lall~, to determine compliance with the standa¢~,s. Upon completion of an inspection, the/~thori y will notify Tenant in writing if he/she fails t~ comply with the standards. The Authority will advise Tenant of the specific correction(s) rCguired to establish compliance, and in~llcate that training may be available from other agencies.%Within a reasonable period of tirr){~, the Authority will schedule a second inspection. Failurb.~f a second inspection will ~itute a violation of the lease terms. (b) Tenant responsibilitv~, Tenant is required to ab/Fde by the standards set forth below. Failure to abide by the Hous'~keeping Standards tl~t results in the creation or maintenance of a threat to health or s~k,ety is a violation/~f the lease terms and can result in eviction. (c) Housekeeping Standards: t~de the Dw~ ng Unit General: ~ / (1) Walls and ceilings: s~, be clean, free of holes. (2) Floors: should be clear clear, dry and free of hazards. (3) Windows: should be and not nailed shut. Shades or blinds should be intact. (4) Woodwork: clean, of dust, gouges, or scratches. (5) Doors: should lean. Door )ps should be present. Locks should work. · (7) Heating units: should be ~cluttered. (8) Trash: shall b disposed of properly~,r)d not left in the unit. (9) Entire unit/~luld be free of rodent or i~ct infestation. Kitchen: (1) Stove: sl,~uld be clean and free of food a~ grease. (2) Refrigerator: should be clean. Freezer door~$~hould close properly and freezer shoul~e defrosted routinely (3) Cabi}4ets: should be clean. Cabinet surfaces andk,countertop should be free of gre~'se and spilled food. Cabinets should not be ov~rloaded. Storage under the si~/~ should be limited to small or lightweight items to'l~mit access for repairs. (4) ~/xhaust Fan: should be free of grease. (5) ,/Sink: should be clean, free of grease and garbage. (6) /Food storage areas: should be neat and clean without spilled food. Part I, Page 13 (d) (7) Bathroom: (1) (2) (3) (4) Storage (1) Trash/garbage: should be stored in a proper container until removed to the disposal area. Toilet and tank: should be clean and odor free. Tub and shower: should be clean and free of excessive applicable, shower curtains should be in place, and Lavatow: should be clean. Exhaust fans: should be clean. Floor: should be clean and dry. e areas: should be clean, neat and aterials should be stored in the unit. Ftousekeeping The following apply only when the (1) dew and mold. Where adequate length. (2) of hazards. No highly flammable tndards: Outside the Dwelling Un apply to family and scatt~ .~a noted is for the Yards: should be free of graffiti. e of debris, Porches (front and should porch shall not impede (3) Steps (front and rear): shot (4) Sidewalks: should be clean (5) Storm doors: should be ck (6) Parking areas: should be lots. (7) Hallways: should be (8) Stairwells: should b (9) Laundry areas: dryers after use. d site development only; some standards use of Tenant: abandoned cars. Exterior walls should be and free of hazards. Any items stored on the unit. .~ clean, and free of hazards. free of hazards. glass or screens intact. ~doned cars. There should be no car repairs in the and free of zards. ;lean and unclutte ~ld be clean and free hazardous materials. Remove lint from .~k parts, and flammable materials. (10) Utility room: be free of debris, motor TENANT AGREES THAT AL ,' PROVISIONS OF THIS LEASE~HAVE BEEN READ AND ARE UNDERSTOOD AND ~ AGREES TO BE BOUND BY ITS PRO~q, SIONS AND CONDITIONS AS WRITTEN. ( SIGNATURE UIRED ON PART II OF THE LEASE.) '~~ Signature Date hisasst\leasepl 1 .wp5 Pa~l, Page 14 /5 This iSslle of the Public Housing Tenant Newsletter is devoted to the revised public housing lease. As you may 'know, the period for commenting on the revised lease began April 7, 1997 and ends May 7, 1997. If you would like to offer any comments, please submit them in writing to the Iowa City Housing Authority (ICHA). If you have any questions regarding the lease or the comment period, please call us at 356-5400. New Public Housing Lease Under Consideration Overview of Proposed Changes The Itousing and Community Development Commission, the advisory gro~up to the ICHA, has requested that a general statement regarding the proposed changes to the Public Housing Lease be distributed to all public housing tenants. This newsletter highlights changes that are important to public housing tenants. Ira tenant's rent payment is late, late fees of $10.00 per day shall be charged for each of the first four days after rent is due, with a maximum penalty of $40.00 per Iowa Tenant-Landlord law. Any income increase must be reported to the ICHA within ten days of the occurrence. Any resulting rent increase would not take effect for 30 days if reported. If not reported, the rent increase would be retroactive. Tenants may be asked to transfer to another dwelling unit if the ICHA determines that.the dwelling unit has features that are needed to accommodate another tenant with a documented disability. Tenant obligations are now listed as part of the Public Housing Lease and include 'the following provisions: Tenants must not give long-term accommodation (in excess of 14 days) to guests, without the advance written consent of the ICHA; Tenants must give prompt prior notice 'to the ICHA of Tenant's leaving the dwelling unit unoccupied for any period exceeding 7 days. The lease may be terminated for serious or repeated violations of the material terms of the lease, including repeated late payment (payments not made by the 5th day of each month) occurring four times within a 12 month period. New, uniform standards for resident housekeeping have been developed for all tenant families. Inside the dwelling unit, tenants must keep the unit clean, and free of rodent or insect infestation. Outside the dwelling refit, 'tenants must keep the area free fi'om debris, trash and abandoned cars. All areas inside and outside the dwelling unit must be kept free of hazards. This overview is a brief, incomplete glance at the changes to the Public Housing Lease. The other changes in this lease not highlighted above are those which explain in detail the current terms and conditions of the lease and addendum. The full text of the lease is available at the ICHA from 8:00 am to 5:00 pm Monday through Friday. We would encourage you to pick-up a copy for your review and contact our office with any questions. Tenants who wish to comment on the revisions must submit their comments in writing to the ICHA before May 7, 1997. Prepared by: Jeff McClure, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 97-164 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, the University of Iowa ("University") is the fee owner of certain real estate located at 301 N. Clinton Street, Iowa City, Iowa; and WHEREAS, the University will be undertaking construction of a new entrance to Burge Hall located at 301 N. Clinton Street; and WHEREAS, the University construction will take place adjacent to their property along the west edge of Clinton Street, and the University wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, the University has requested the City also permit the temporary closure of portions of the sidewalk and street on the west side of Clinton Street between Bloomington and Davenport Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of the public rights-of-way which includes Clinton Street; and WHEREAS, the Department of Public Works has reviewed the proposed construction plans and concurs that such temporary closure is in the City's best interest; and WHEREAS, an easement agreement for the temporary use Of the Clinton Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk and street adjacent to the University of Iowa's property along the west edge of Clinton Street in Iowa City, Iowa as set out in the attached agreement, and also to allow the University to temporarily erect a barricade ten feet (1 0') off the curb line adjacent to the University's property along the west edge of Clinton Street, such temporary closure and barricading to take effect May 19, 1997, and end upon substantial completion of the construction, but no later than August 1, 1997. The Temporary Easement Agreement attached hereto and incorporated herein by reference is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at the University's expense. Resolution No. 97-164 Page 2 Passed and approved this 20th day of May , 1997, CITY CLERK MAYO R'~'~?' ~'~ Approved by City Attorney's Office It was moved by Vanden-hoe1~ and upon roll call there were: and seconded by Thornberry the Resolution be adopted, AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\ui-clint.res Prepared by: Linda Woito, City Attorney, City of Iowa City, 410 E. Washington St., Iowa City, IA 522z~0 (319)356-5030 EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND TIlE UNIVERSITY OF IOWA FOR A PORTION OF CLINTON STREET, IOWA CITY, IOWA This Easement Agreement is made by and between the University of Iowa, hereinafter referred to as "University," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, the University of Iowa ("University") is the fee owner of certain real estate located at 301 N. Clinton Street, Iowa City, Iowa; and WHEREAS, the University will be undertaking construction of a new entrance to Burge Hall located at 301 N. Clinton Street; and WHEREAS, the University construction will take place adjacent to their property along the west edge of Clinton Street, and the University wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, the University has requested the City also permit the temporary closure of portions of the sidewalk and street on the west side of Clinton Street between Bloomington and Davenport Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of the public rights-of-way which includes Clinton Street; and WHEREAS, the Department of Public Works has reviewed the proposed construction plans and concurs that such temporary closure is in the City's best interest; and WHEREAS, an easement agreement for the temporary use of the Clinton Street public right-of- way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, the University of Iowa and the City of Iowa City agree as follows: The University of Iowa is the fee owner of certain real estate located at 301 N. Clinton, Iowa City, Iowa, and the University will be undertaking construction of a new streetscape entrance to Burge Hall located at 301 N. Clinton Street along the west edge of Clinton Street. In order to facilitate the safe execution of said construction, and to secure the construction site from pedestrian and vehicular traffic, the University has requested the City to permit temporary use of portions of the west Clinton Street right- of-way, and also to allow temporary closure of portions of the sidewalk between Bloomington and Davenport Streets. In consideration of the City's permission herein to temporarily close a City sidewalk and a portion of Clinton Street between Bloomington and Davenport Streets during the construction of the streetscape entrance to Burge Hall, the University agrees to secure 2 its construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavations while the contractor is not working, thereby ensuring public safety and a safe construction site. In consideration of the University's promises herein, the City agrees to allow temporary closure of a portion of a City sidewalk and a ten foot (10') wide portion of the street adjacent to their property along the west edge of Clinton Street. The parties acknowl- edge that the closure of this portion of City street along the west side of Clinton Street, now currently dedicated to on-street parking, will be done to minimize interference with traffic flow along the west side of Clinton Street. In consideration for the University's promises herein, the City agrees to allow the University to temporarily erect a barricade ten feet (10') off the curb line adjacent to the University's property along the west edge of Clinton Street. The University also agrees to provide, keep in place, and maintain in good working .condition certain signage necessary to a. route pedestrians. b. provide advance warning. c. provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. The University agrees to assume responsibility for this agreement and any claims arising out of this agreement, including any claims and/or liability which might arise as a result of the decision to permit construction of the new streetscape and entrance construction in and along Iowa City's Clinton Street right-of-way to the full extent permitted by Chapter 669, Code of Iowa (1997), entitled "Tort Claims," and according to the procedures set forth therein. The University agrees to assume responsibility for property losses and personal injuries and claims of such damages arising out of its use of the Clinton Street right-of-way noted herein, which injuries or losses are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 669, Code of Iowa (1997), entitled "Tort Claims," and according to the procedures set forth therein. After the University's construction is complete, the University agrees to restore any and all portions of the sidewalk right-of-way and the ten foot (10') area off the Clinton Street curb line to the pre-construction condition, to the City's complete satisfaction. With respect to this Temporary Easement for use of public right-of-way and the temporary closure of the Clinton Street sidewalk and street, City and the University agree this Temporary Easement shall be in effect beginning May 19, 1997 and shall end upon substantial completion of the work, but no later than August 1, 1997. Notwithstanding the above, the University agrees to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way if a breach of this easement agreement occurs; or after notice to remove has been given by the City and if the University fails to remove any obstructions, barricades or signage from the public right-of-way, the City may remove the obstruc- tions, barricade or signage, and the cost thereof shall be billed to the University for payment to City. 10. The University acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for purposes other than right-of-way; and, in addition to paragraphs seven (7) and eight (8), that the City may order said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by state law. 11. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this ~' ~ day of /~ , 1997. CITY OF IOWA CITY, IOWA STATE BOARD OF REGENTS By A ttest:~ ..~,.~ //t/~]it~y Cl~erk; ~(,~ Approved by: Ci~y~ Attorney's Office ~___./-¢ i ~rf~negan, Unive?sity Business Mgr. EXECUTIVE COUNCIL By Karen Sinclair, Secretary STATE OF IOWA JOHNSON COUNTY On this Z D~'/~ day of ) ) SS: ) mq~ , 1997, before me, , a taw Public in and for the State of Iowa, personally appeared Naomi J. Novick and Susan K.Wa]sh to m~. personally known, and, who, being by me duly sworn, did say that they are the Mayor an~u~:-YClerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~-/~¢ passed by the City Council, on the Zo-v-~_ day of J-Q , 1997, and that Naomi J. Novick andSusanK.Wa]sh acknowledged thee/xe~ution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: i~X(~)Y JOHNSON COUNTY ) P Y Y Y , ' y · . . ~ ~)f thc $tatc~oard of Rogontc and who ic authorized to execute the foregoing instrument to -~\~ which this acknowledgement is attached~by votc of thc $tatc Board of Rcgcnts at its mc~ting on , 10 , and who acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the $t~tc Boarc~ of Rogontc, State :University of Iowa. STATE OF IOWA ))'/~ ~ ~F~ ?- ~O-~). ) SS: POLK COUNTY ) 'On this day of , A.D. 1997, before me, a Notary Public, personally appeared Karen Sinclair, Secretary to the Executive Council of Iowa, to me personally known and who by me duly sworn did say that she is the Secretary of the Executive Council, and who is authorized to execute the foregoing instrument to which this acknowledgement is attached by vote of the Executive Council of Iowa at its meeting on , 19__, and who acknowledged the execution of said instrument to be her voluntary act and deed and the voluntary act and deed of the State Board of Regents. Notary Public in and for said County and State pweng\ui-clint,agt Prepared by: Charles Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 522z~0 (319) 356-5141 RESOLUTION NO. 97-165 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF RAW WATER MAIN PROJECT - CONTRACT 1 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES IMPROVEMENTS PROJECT. WHEREAS, Maxwell Construction Co. of Iowa City, Iowa, has submitted the lowest responsible bid of 9750,765 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Maxwell Construction Company of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificate, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of Hay , 1 997. ATTEST: [~ Y~CL(~ ERK pwadmin\rawater.res City Attorney's Office Resolution No. 97-165 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION RAW WATER MAIN - PHASE I PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 13th day of May, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on May 20, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: 16" raw water main from water plant at Madison along the river to Dubuque Street and up to Foster Road, horizontal and directional boring, 10 foot wide bike trail, sidewalk, pavement removal, and replacement. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 325 East Washington Street, Suite 101, Iowa City, IA 52440-3959, 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 and post bond satisfactory to the City insuring 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 until a contract is awarded, 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 Council, 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 two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to Proceed Date: May 27. 1997 Completion Date: December 15. 1997 and 138 working days Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, Consulting Engineers, 325 East Washington Street, Suite 101, Iowa City, IA 52440-$959, by bona fide bidders. A $100.00 deposit 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 Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. 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. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by calling 319-356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. 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 Council Member Lehman introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $10,600,000 SEWER REVENUE BONDS," and moved its adoption. Council Member Kubby seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 97-166 RESOLUTION DIRECTING SALE OF $10,600,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: Bidder: Piper daffray, the terms orsaid bid being: Price 5.35; 2022 $10,600,000 SEWER REVENUEBONDS: Inc. of Minn~apnliq of $10,441,000. Interest rates of 5.15: 5.25; 5.40; 5.45 and 5.50 percent for 1998 through maturities. Net interest rate is 5.5373%. -4- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 20th day of May ,1997. ATTEST: Clerk Mayor PGOODRIC\89507\l\10714045 -5- NOTICE OF BOND SALE Time of Sealed Bids: Sealed bids for the sale Iowa City, Iowa, be received at the office of the Finance Dire~ City, Iowa (the at o'clock .M., on the 1997. The bids will be publicly opened and referred for City Council as stated the City of n the City of Iowa of , to the meeting of the Sale and Award: Chambers, Civic Center, the above date at sale and award of the bonds Washington Street at o'~ .M. be held at the Council ~eeting of the City Council on The Bonds: The bonds to offered are the g: SEWER REVENUE to be dated June 1, 199 in amount of $10,600,000, , the "Bonds). Official Statement: The Issuer pertaining to the Bonds to be offered, an Official Bid Form, which is ' Official Statement may be obtained Center, 410 E. Washington Street, the City's Financial Consultant, Minneapolis, MN 55402, City, (612) an Official Statement of information a statement of the Terms of Offering and reference as a part of this notice. The addressed to the Finance Director, Civic 52240, Telephone: (319) 356-5052; or 601 2nd Avenue South, Suite 5100, 5. Terms of Offering: All .ds shall be in accord with the Terms of as set forth in the with and the sale shall be in cial Statement. Legal Opinion: The will be sold subject to Dorweiler, Haynie, Allbee, P.C., Attorneys of Des legality and their opini, will be furnished together with the the purchaser and all ds will be so conditioned. Except to their opinion as to legality of the bonds, the attorneys will express any opin~o~ with respect to the accuracy or completeness or statements m/aide or furnished in connection with the sale, issuance bonds. The/nion will be printed on the back of the bonds. . Ri~Sts Reserved: The right is reserved to reject any or all bids, irregu~ies as deemed to be in the best interests of the public. ofAhlers, Cooney, oines, Iowa, as to the bonds without cost to necessary to issue or review or , materials marketing of the waive any By ity Council of the City of Iowa City, Iowa. City Clerk of the City~of City, Iowa nd PGOODRIC\88739\I\10714045 ~ Council entitled "RE BONDS," and seconded the introduced the following Resolution DIRECTING SALE OF $10,600,000 SEWER REVENUE adoption. Council Member to adopt. The roll was called and the vote was, NAYS: Whereupon, the Mayor de~ the following Resoluti~ duly adopted: RESOLUTION SEWER REVENUE B( SALE OF 000 WHEREAS, pursuant to notice public sale for the bonds described as be the following: law, bids have been received at the best bid received is determined to $10,600,000 BONDS: Bidder: the terms of said bid being: ~TT~? .~oo ~. ~ee - Even~en Dodge Inc. NEWS FROM MOODY'S INVESTORS SERVICE County Iowa City Sewer Iowa MOODY'S RATES IOWA CITY WASTEWATER NEW YORK, May 16, 1997 -- Assignment of the A2 rating on the Iowa City's sewer revenue bonds is based upon the followinE credit factors: Significant Recent And Future Borrowrings To Fund Major Capital Needs The city owns and operates a sewage collection, treatment, and disposal system. Currently, two treatment plants, the North and South plants, provide secondary treatment and have state-permitted MGD treatment capacities of 10 MGD and 5 MGD, respectively. The bonds now offered in concert with a $18.3 million offering last March, $17.5 million of additional sewer revenue bonds to be issued in 1998 and 1999 and approximately ~7 million in surplus cash on hand will finance major overall sewer system capital improvements designed to comply with a state administrative order deadline of 2002 and to more efficiently meet future system demands. Stage 1 capital improvements totaling $53 million include: the upgrading of treatment quality at both plants to meet all state effluent standards, particularly a~J~uonia removal standards by 2002; the construction of a sewer interceptor from the North to the South plant, a 8e~er interceptor connecting western portions of the city with the South plant~ the South plant's expansion from 5MGD to 10MGD coupled with the North plants capacity downsizing from 10 MGD to 5 MGD, in order to provide more efficient treatment capacity in the overall system. Stage 2 improvements for which there are no specific cost estimates, and which are expected to commence in 2015, include the expansion of tke South plant from 10 MGD to 20 MGD, coupled with the eventual closing of the North plant, to meet the system's planned needs for beyond 2020. Healthy Economy Supports Sizable Recent And Forecast Rate Increases Implementation of timely rate increases, modest customer base growth and the presence of a large institutional customer have resulted in satisfactory debt service coverage and the development of relatively sizable working capital reserves. In order to provide sufficient system net revenues to meet increased debt service, and fund a portion of the Stage 1 improvements from surplus net revenues, city officials have increased sewer rates 71% since 1995. Additionally, city officials expect future rate increases of 10% in fiscal 1998 and fiscal 1999 and 5% in fiscal 2000. The growth in the number of sewer customers totaled 13.3% beEween 1992 and 1996. The system serves Iowa City where favorable employment opportunities at the University of Iowa and its medical center, related service industries, and some light manufacturing have combined for a healthy overall economy. The University of Iowa, accounted for approximately 22% of fiscal 1996 operating revenue. Vulnerabilities usually associated with one large customer are mitigated due to the stability of the institution, the state's largest university and the flagship component of the state university system. .~u. ll¥ Eunded Debt Service Reserve A~c[ Adequate Rate Covertant Provide Comfort The system serves Iowa City where favorable employment opportunities Added at the University of Iowa and its medical center, related service industries, and some light manufacturing have combined for a healthy overall economy. A fully funded Debt Service Reserve equal to maximum annual debt service coupled with a rate covenant requiring annual net revenues to be at least 1.1 times annual debt service provide enhanced security. OUTLOOK: The outlook for Iowa City's sewer revenue bond rating is stable. Despite significant recent and future borrowings to finance large scale capital needs to meet state mandates by 2002, the system has positioned itself to afford such borrowings by virtue of sound management coupled with timely implementation of sizable recent and prospective rate increases. DEBT AFFECTED: ISSUE RATING Iowa City Sewer Revenue Sale Amount $10,600,000.00 Expected Sale Date 05/20/97 Rating Description Sewer Revenue A2 ANALYSTS: Peter Reagan, Analyst, Public Finance Group, Moody's Investors Service Steven Levine, Senior Credit Officer, Public Finance Group, Moody,s Investors Set ce I Brad Gewehr, Director, Public Finance Group, Moody's Investors Service i CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1625 REPORT OF BIDS CITY OF IOWA CITY JOHNSON COUNTY, IOWA $10,600,000 SEWER REVENUE BONDS May 20, 1997 TO: Iowa City Council Members/Administrative Staff FROM: Wayne Burggraaff/David Dirks EVENSEN DODGE, INC. SUBJECT: $10,600,000 Sewer Revenue Bonds Today, May 20, 1997, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER ADDRESS $ NIC (%)NIR Piper daffray Minneapolis 9,305,994.79 5.5373 Griffin Kubik Chicago 9,366,905.73 5.5736 Chiles Heider Omaha 9,434,722.92 5.6139 WE RECOMMEND AWARD TO: Piper daffrav, Inc. of Minneapolis Thank you for the opportunity to be of service to the City of Iowa City. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 B ond Buyer 20 Bond Index Monthly Data 1982-1997 7.5% < .... Weekly Data-05/97 ALL TIME HIGH 13.44% on 1/14/82 05/08/97 05/15/97 7.0% 5.71% 5.67% _ 12.5% ~ 6.5% ' % 5.0% '' ' ' ' ' Month 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Source: "The Bond Buyer" EVENSEN DODGE, INC. Year Contact Person: Chuck Schmadeke, Public Works Dept., 410 E. Washington St., Iowa City, IA 52240; 319-356- 5140 RESOLUTION NO. 97-167 FIESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING THE IOWA RIVER POWER DAM RENOVATION PROJECT. WHEREAS, the City of Iowa City owns the Iowa River Power Dam located on the Iowa River, a short distance upstream from the mouth of Clear Creek; and WHEREAS, the City Of Iowa City desires to renovate the Dam to ensure the permanence of the water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water pool, and the pedestrian bridge will benefit both communities; and WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam Renovation Project; and WHEREAS, Iowa City is requesting certain obligations be met by Coralville prior to commencement of construction, all as set forth in a 28E Agreement attached hereto, pursuant to Chapter 28E, Code of Iowa (1 995). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with Coralville, Iowa, 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. 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 ?0th day of Hazy , 1 997. MAYOR pweng\irpda~i~~Cs ?TY CLERK ~'~ City Attorney's Office Resolution No, 97-167 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Contact Person: Chuck Schmadeke, Public Works Department, Z~l 0 E. Washington St., Iowa City, IA 522z~0; 319- 356-51 z~O CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING RENOVATION OF THE DAM AND INCLUDING CONSTRUCTION OF A PEDESTRIAN BRIDGE ATOP THE IOWA RIVER POWER DAM AND INSTALLATION OF A BOAT RAMP IN CORALVILLE THIS AGREEMENT, made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City," pursuant to Chapter 28E of the Code of Iowa, regarding certain obligations involving the renovation of the Iowa River Power Dam ("Dam"). WHEREAS, the City of Iowa City owns the Iowa River Power Dam located on the Iowa River, a short distance upstream from the mouth of Clear Creek; and WHEREAS, the City of Iowa City desires to renovate the Dam to ensure the permanence of the water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water pool, and the pedestrian bridge will benefit both communities; and WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam Renovation Project; and WHEREAS, Iowa City is requesting certain obligations be met by Coralville prior to commencement of construction, all as set forth in a 28E Agreement attached hereto, pursuant to Chapter 28E, Code of Iowa (1 995). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Purpose. The purpose of this Agreement is to define specific responsibilities for construction and maintenance of the Iowa River Power Dam, the pedestrian bridge atop the Dam and pedestrian approach walks, as well as improvements to Coralville's boat ramp to the Iowa River. Consideration. The mutual consideration herein is undertaking the improvements which include Dam renovation, pedestrian bridge, approach walks and boat ramp. Further, it is noted that no separate legal entity is created by this Agreement, and the City Council of each city will administer each cit¥'s duties and responsibilities hereunder. 2 Responsibility - Iowa City. It shall be the responsibility and duty of Iowa City to: Renovate and maintain the Dam at its sole expense so long as Iowa City holds title to same. This in no way restricts Iowa City from securing funds from entities other than the City of Coralville. Design and construct or cause to be constructed the pedestrian bridge, the necessary pedestrian approach walks and the improvements to the Coralville boat ramp to the Iowa River. Maintain the pedestrian bridge and the easterly approach walk to the pedestrian bridge. Secure on behalf of the City of Coralville all easements necessary to construct and maintain the westerly approach walk. Pay all costs, except ~125,000.00, associated with the construction of the pedestrian bridge, the boat ramp and necessary pedestrian approach walks. Provide Coralville City Engineer with the opportunity to review and approve the plans and specifications of the boat ramp, the pedestrian bridge and the westerly pedestrian approach walk prior to the commencement of construction of same, said approval not to be unreasonably withheld. Responsibility - Coralville. It shall be the responsibility and duty of Coralville to: Authorize Iowa City to secure, on the behalf of Coralville, all easements necessary to construct and maintain the boat ramp, the pedestrian bridge, the westerly pedestrian approach walk. Said authorization shall be deemed given upon Coralville's execution of this Agreement. Maintain the boat ramp and the westerly approach walk to the pedestrian bridge. Review by Coralville City Engineer of plans and specifications for pedestrian bridge, westerly pedestrian approach walk and boat ramp. Pay $125,000 as Coralville's portion of the renovation project. Iowa City acknowledges and agrees that said payment has been made and paid in full by Coralville's application for a Resource Enhancement and Protection ("REAP") grant from the Iowa Department of Natural Resources and Iowa City's prior receipt of such grant in the amount of ~150,000.00. Consent. Upon completion of the construction, no changes in the physical features of the pedestrian bridge or the pedestrian approach walks shall be undertaken without mutual consent of the parties to this Agreement. Filing. This Agreement shall be filed with the Secretary of State and recorded in the office of the Johnson County Recorder as required by Section 28E.8 of the Code of Iowa, with costs to be shared equally by both parties. Dated this 20th day of May ,1997. Ji '~au~e~tt, Mayor Arlys Hannare, City Clerk CITY OF IOWA CITY, IOWA Nabmi J, ~ovi~;k, Mayor ATTEST:~.~~ C/~it~ C~elerk~~ Susan[<'.Wal sh; ' Office of the Iowa City City Attorney CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ,N~ot~ry , 19 ~Y , before me, ~/'~/~2~/ ~//7-~£,~/:] Public in and for the State of Iowa, personally af3peared Jim Fausett and Arlys Hannam 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 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, passed by the City Council, and that Jim Fausett and Arlys Hannam 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. Notary Public irfand for the State of Iowa 4 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2~ ~ day of -/~ , 19 97 , before me, ~z::~'~ , a~ Public in and for the State of Iowa, personally otary appeared Naomi J. Novick and Susan K. Walsh to m e[s~o. nally known, and, who, being by me duly sworn, did say that they are :the Mayor an~et~/~lerk, 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 contair)ed in (Ordinance) (Resolution) No. ~7-/'/~ ~ passed by the City Council, on the 2o +~- day of ~')~_~ , 19 ?~ , and that Naomi J. Novick and Su.san K. t~a]s!~ acknowledged the ex(.~cution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa pweng\irpdam.agt PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 June 4, 1997 Susan K Walsh City of Iowa City 410 E Washington St Iowa City IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the City of Coralville Dear Ms. Walsh : 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 June 4, 1997 Sincerely, Paul D. Pate Secretary of State PDP/klw Enclosures