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HomeMy WebLinkAbout1997-06-17 ResolutionRESOLUTION NO. 97-192 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Mill Restaurant .- 120 E. Burlington Street It was moved by Kubby and seconded by as read be adopted, and upon roll callthere were: Norton that the Resolution AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Passed and approved this 17th day of June ,1997. ATTEST: Approved by O.ic \danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-193 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: SEE ATTACHED Passed and approved this 17th day of June , 1997. ATTEST: ~'~'~ ClT~ CLERK It was moved by Kubb.y be adopted, and upon roll call there were: MAYOR Approve/~ City Attorney's Office and seconded by Norton AYES: NAYS: ABSENT: X X X X X X the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerk\cigperm. res CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 1 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE STICKER 'RE/GAOL VENDING ~~& jJ MINI MART MINI MART INC ~INER THE ch~n~ ~ ~ce.,~ .~h~ ~'LOHAUS & LARSON INVESTMENT COMPANY  N LEGION, ROY L. CHOPEK POST #17 N LEGION, ROY L. CHOPEK POST #17 M~~PUS AMOCO SERVICE L/KE~j~D VILLHAUER ENTERPRISES INC ~/~ITY NEWS AND BOOKS PAUL PENNINGROTH .~cicLEGE STREET NEWS HAEL ZEADOW CORP DNDAFOODS LL'S INTERNATIONAL INC Do~USTANG MARKET TROLEUM COMPANY OF IOWA CITY D~ORT STOP CORPORATION GLASGOW DLB~XHEAD TAVERN Y DAVID L ~DE~~GA~OOD VENDING ;/E~IMART DELI MART INC . ~)'A~LIMART #2 ~ DELI MART INC 85 00104 97 00005 93 00012 86 00025 85 00074 86 00021 94 00006 96 00008 85 00003 95 00005 86 00001 86 00022 85 00023 85 00092 87 00013 87 00018 03643 V C 03644 .V 03589 C 03590 C 03591 C 03592 C 03593 C 03645 V 03594 C 03595 C 03596 C 03597 C 03646 V 03598 C 03599 C CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE FOOD STORES EGI N UNDE R G R O UND THE L VENDING oRD QUE STREET HANDIMART STROM OIL COMPANY EAE~~FOOD CENTER ~E~CKY ST~ INC#157 ~EAG~FOOD CENTER ~220 ~CKY STORES INC i EC~S ~473 ~-'ECONOFOODS ~473 ~~SSTOP V BILL & SHIE/~B~D ~E VENDING -F-I-R-S~--A~-E-NU-E CLUB No Lt~¢¢Se~l;,~% ~R~EGAPATRICK'S ALEHOUSE, INC. L VENDING FRATERNAL ORDER OF EAGLES, I.C. AERIE #695 FRATERNAL ORDER OF EAGLES I C AERIE ~695 ~GE~~GA~SvENDING ~BY'S FAP ENTERPRISES ~~SBY'S DOWNTOWN FAP ENTERPRISES LICENSE 92 00006 85 00013 93 00001 90 00009 85 00004 85 00005 87 00010 93 00002 95 00006 96 00007 97 00001 85 00094 85 00030 91 00008 95 00004 96 00009 STICKER 03600 C 03602 C 03647 V 03603 C 03604 C 03605 C 03606 C 03607 C 03608 C 03648 V 03649 V 03609 C 03650 V 03610 C 03611 C CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE ~ GR~~GE'S BUFFET %,,~EORGE'S BUFFET ~1Qc~A~n9 .~II~BE~ STREET CAFE tear ~e~_r~x~,-- u~!~ AwEN OLDIES EYE AMUSEMENT ~G~WALL L,~AY AND CHI HO _GR~LIN. D ROUN~ ~ ... T-H-~ ,,~.~.~F~R~Z- LTD . AVERN LTD IIOLIDAY INN-IOWA CITY ~ ~o~ ~ll '~ ~n$~ -HAWKEYE AMUSEMENT, %~1~ ~ ~ ~~ -V~~EE FOOD STORE ~1 ~Y-~/~~ H.~'y'~'VEE FOOD STORE #2 H -VEE FOOD STO ES ~'HY-~L~OOD STORE #3 FOOD STORES INC TJ~~HoM~CONNOLLY~S TOBACCO BOWL S J CONNOLLY ~ J~Q~'~LACE ~'7{AWKEYE AMUSEMENT J~HoHN'S GROCERY, INC. N'S GROCERY INC LICENSE 85 00017 --9-6 0~DO02 90 00001 93 00011 91 00001 97 00006 93 00003 85 00125 95 00003 85 0'0009 85 00010 85 00011 91 00009 95 00007 85 00054 STICKER 03651 V Q=q-612 C' 03652 V 03613 C 03653 V C 03655 V 03656 V 03614 C ~3657 V 03615 C 03616 C 03617 C 03618 C 03658 V 03619 C CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE Y/K-MART CORPORATION KN~D 76 TRANSPORT CO · ~EGT~Y HAWK, THE L VENDING K~GO ~422 GENTLE OIL CORPORATION LL~~& MM MIGHTY SHOP, INC. MIGHTY SHOP INC L DER OF MOOSE LODGE 1096 DER OF MOOSE LODGE #1096 E S ~EGAL VENDING ~M~S ENDING ~R~EGKES TAP AL VENDING LICENSE 85 00140 85 00135 85 00097 85 00025 85 00045 87 00005 88 00005 91 00004 89 00004 STICKER 03620 C 03621 C 03659 V 03622 C 03623 C 03624 C 03660 V 03661 V 03662 V MILL RESTAURANt, T~q-E-- ~AW~-EYE AMUSEMENT MiL~LLFE. RMA R T INC RMART INC ~~MART SHEELA S PATEL M~U~~ALOON & EATERY HAWKEYE AMUSEMENT ONE-EYED JAKE'S REGAL VENDING CO O~SC © DRUG STORE O DRUG INC DRUG STORES #2393 ICAN DRUG STORES INC 85 00065 90 00006 96 00005 85 00062 94 00002 85 00116 94 00003 03663 03625 C 03626 C 03664 V 03665 V 03627 C 03628 C CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE , PAUL~~OF IOWA CITY ~L'S DISCOUNT OF IOWA CITY ON'S DRUG STORE ON'S DRUG STORE INC ~ P~R BOWLING, INC. L/HAWKEYE AMUSEMENT Q~EAMuSEMENT Q~RIP ~509 IP CORPORATION Q~IP #548 IP CORPORATION QU~ ~552 CORPORATION RE~~G~LSvENDiNG YE AMUSEMENT Vi~TO' AMOCO SERVICE SH ROSALIE F~ANt~rUA~ Y RESTA~JRANT, RECAL VENDING- OHO~S OSAGE VENDING O~~S COLUMN CORP. REGAL VENDING 1 ./~iLSET HANDIMART ALBERHASKY TOM & MARILYN TL~~LYNDCOAST M ELKIN & BENJAMIN A ELKIN LICENSE 85 00100 85 00048 85 00063 90 00007 85 00019 97 00003 85 00022 85 00096 96 00003 85 00137 85 96 00006 85 00105 93 00008 85 00085 92 00002 STICKER # 03629 C 03630 C 03666 V 03667 V 03631 C C 03632 C 03668 V 03669 V 03633 C. 03670 V 03671 V 03672 V 03634 C 03635 C 03636 C CIGARETTE PERMITS PRINTED : 25-APR-97 PAGE: 6 DOING BUSINESS AS APPLICANTS NAME PURPOSE T~OWNCREST AMOCO SERVICE INC u~TOWNCREST AMOCO SERVICE INC T~Uc~'S PLACE ER JAMES J HAWKEYE AMUSEMENT COMPANY ~V~TAVERN, THE VENDING O'S ~R~VENDING ~SH AMOCO VITOSH RICHARD WA~~L_-~M~RT#1721 RT STORES INC ,, W~L~EENS L"~ALGREEN COMPANY , ~A~CO ~446 ~WARECO SSERVICE INC WIG & PEN PIZZA PUB HAWKEYE AMUSEMENT LICENSE 91 00011 85 00042 93 00013 85 00109 89 00012 85 00114 92 00012 85 00029 85 00016 96 00004 STICKER 03637 C 03638 C 03673 V 03674 V 03675 V 03639 C 03640 C 03641 C 03642 C 03676 V TOTAL CIGARETTE PERMITS: 90 Prepared by: Brad Neumann, Planning Dept,, City of Iowa City, 410 E, Washington St,, Iowa City, IA 52240 319-356-5235 RESOLUTION NO. 97-194 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION. WHEREAS, the City Council of the City of Iowa City, Iowa passed resolution No. 73-148 establishing a Riverfront and Natural Areas Commission for the City of Iowa City, Iowa; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City 'Riverfront and Natural Areas Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 17th day of June ,1997. It was moved by Kubby adopted, and upon roll call there were: and seconded by Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X ppdadmin\bylawres,do¢ Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ARTICLE I MEETINGS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. ARTICLE II MEMBERSHIP Section 1. BY-LAWS IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION Re.qular Meetings. Regular meetings of this Commission shall be held once each month. Special Meetin.qs. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson at the request of members of the Commission and as needed to meet development deadlines. Place of Meetin~qs. All meetings shall be held in a City accessible facility. Notice of Meetin.q. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to Commission members and members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Proxies. There shall be no vote by proxy. Public Discussion. Time shall be made available during all regular meetings for open public discussion. Membership. The Riverfront and Natural Areas Commission of the City of Iowa City, Iowa, shall consist of eleven (11) members or Commissioners. Six (6) of the members or Commissioners must be eligible electors of the City of Iowa City, Iowa; three (3) must be an eligible elector of Johnson County, Iowa, excluding residents of Iowa City and Coralville, and shall be recommended to the Iowa City City Council by the Johnson County Board of Supervisors, one (I) member must be an eligible elector of the City of Coralville, Iowa, and shall be recommended to the Iowa City City Council by the City of Coralville City Council, and one (I) member shall be a representative of the University of Iowa. The Commission members shall be appointed in the following manner: ten (10) of the members or Commissioners shall be appointed by the City Council of the City of Iowa City. One (I) member of the Parks and Recreation Commission shall be appointed by the City Council of the City of Iowa City, Iowa, upon the recommendation of the Parks and Recreation Commission. All members of the Commission shall serve without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Section 3. Section 4. ARTICLE III OFFICERS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Terms. All terms shall be three year, except the Parks and Recreation Commission representative shall be one year. All terms begin January 1. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through the subsequent regular term. Absences. Three absences of a Commission member without notification within the period of one (1) calendar year may result in a recommendation to the Council from the Commission to discharge said member and appoint a new Commission member. Orientation for New Members. New members shall be provided with copies of the pertinent portions of the City Code, Riverfront and Natural Areas Commission By-Laws, and other documents that would be useful to Commission members in carrying out their duties. An orientation session will also be required within sixty (60) days following the member's appointment. Attendance at meetings prior to a member's official appointment is encouraged. The orientation session will take place at a City facility. Number. The officers of this Commission shall be a Chairperson and Vice Chairperson, each of whom shall be elected by members of the Commission. Election and Term of Office. The Officers of this Commission shall be elected for one year terms at the regular meeting in January. Vacancies. 'A vacancy in either office shall be filled by the members for the unexpired portion of the term. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general, perform all duties of a Chairperson and such other duties as may be prescribed by the members from time to time. Vice Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Nominatin.q Committee: A nominating committee of three (3) Commission Members shall be appointed by the Chair at the regular meeting in December. One nominee for Chair and one nominee for Vice Chair shall be recommended to the commission at the regular meeting in January. 3 ARTICLE IV CONDUCT OF COMMISSION AFFAIRS Section 1. A.qenda. The Chairperson, or designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members and the media at least three days prior to the regular meeting. Section 2. Minutetaker. A minutetaker, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Pro.qrams. Periodically, the Commission shall review the policies and programs of the City relating to the river and riverfront, and to other natural waterways, and to woodlands and wetlands, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify Council of its disposition. Section 6. Attendance at Council Meetin.qs. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the domain of the Commission's responsibilities are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zonin.q Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Riverfront and Natural Areas Commission to act as a liaison between the two Commissions. 4 ARTICLE V AMENDMENTS Section 1. By-laws may be amended by a majority of all Members of the Commission at any regular or special meeting called for that purpose. All by-laws must be considered at two meetings of the Commission prior to submission to Council. Amendments must be approved by.the City Council to become effective. ppdadmin\rnac,byl ARTICLE I MEETINGS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. ARTICLE II MEMBERSHIP Section 1. BY-LAWS IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION Re.qular Meetin.qs. Regular meetings of this Commission shall be held once each month. Special Meetinc Chairperson and of the Commission Special meetings of the members may be called by the II be called by the Chairperson at the request of members ~d as needed to meet development deadlines. Place of Meetin.qs. Notice of Meetin.q. distributed to all mereben may be called upon notice at least 24 hours before a Open Meetings Law shall s shall be held in a City~ facility,. and agenda for all regular shall be of the Commission and the pre meetings Commission members and of the media )ecial meeting is held. provisions of the State followed. Quorum. A majority of the quorum at any meeting and th~ a quorum is present shall be embers of th, O shall constitute a cast at any meeting at which motion or election. Proxies. There shall be no vote b roxy. Public Discussion. Time shall open public discussion. Je available during all regular meetings for Membership. City, Iowa, s the City, low the Io (I) m be consist of eleven (11) or Commissioners must be three (3) must be an eligible ~ residents of Iowa City and Coralvii City City Council by the Johnson must be an eligible elector of the C to the Iowa City City Riverfront and Natural 'eas Commission of the City of Iowa or Commissioners. Six (6) of ible electors of the City of Iowa of Johnson County, Iowa, and shall be recommended to nty Board of Supervisors, one of Coralville, Iowa, and shall ,y the City of Coralville City C~ and one (I) member shall be a representat of the University of Iowa. Commission members shall be appointed in the f~llowing manner: ten (1 O) the members or Commissioners shall be appointed I~y the City Council of the City of Iowa City. One (I) member of the Parks andSRecreation Commission shall be appointed by the City Council of the City of IoWa City, Iowa, upon the recommendation of the Parks and Recreation Commissl~on. All members of the Commission shall serve without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-195 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THE REHABILITATION AGREEMENT, THE LOW INTEREST PROMISSORY NOTE AND THE MORTGAGE FOR THE PROPERTY LOCATED AT 847 RUNDELL STREET, IOWA CITY, IOWA WHEREAS, on December 21, 1994 the property owner of 847 Rundell Street executed a Rehabilitation Agreement, a Low Interest Promissory Note and a Mortgage in the amount of $11,000 through the City's Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, the balance of the loan, $9,620.32, was paid on May 29, 1997; and WHEREAS, the lien needs 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 located at 847 Rundell Street, Iowa City, Iowa from the Rehabilitation Agreement, the Low Interest Promissory Note and the Mortgage recorded on January 13, 1995 in Book 1858, Page 189 through Page 200 of the Johnson County Recorder's Office. Passed and approved this 17th day of dune , 1 997. CITY CLERK ppdrehab\847rures.doc ,~roved bY A City Attorney's Office Resolution No. 97-195 Page 2 It was moved by Kubb~v and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick T.hornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: Lot Nine (9) in Block Six (6) in Rundell, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the property owner, Gary Michel, to the City of Iowa City in the principal amount of $11,000 represented by a Rehabilitation Agreement, a Low Interest Promissory Note and a Mortgage recorded on January 13, 1995 in Book 1858, Page 189 through Page 200 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CITY"CLERK MAYOR L./ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~7 -/--L. day of ~J'~,~_ , A.D. 19 ¢? , before me, the under- signed, a Notary Public in and for said County, m said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City C. ouncil, as contained in Resolution No. ~'7'~/~'~, adopted by the City Council on the /'7 '~' day '~... , 19 ~ and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\847rurel,doc Notary Public in and for Johnson County, Iowa Prepared by Liz Osborne, Housing Rehab. 410 E. Washington. St. Iowa City. IA 52240, 356-5246 RESOLUTION NO. 97-196 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1625 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the amount of $14,342, executed by the owners of 1625 California Avenue, on May 30, 1997 and recorded on June 2, 1997 in Book 2279, Pages 42'through 46 and Book 2279 Pages 47 through 51 in the Johnson County Recorder's Office covering the following described real estate: The East 42 feet of Lot 190, and the West 18 feet of Lot 191, in Part 4, Hollywood Manor Addition to Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 8, Page 41, Plat Records of Johnson County, Iowa. WHEREAS, the balance of the City's lien totals $14,342; and WHEREAS, University of Iowa Community Credit Union, Iowa City, Iowa proposes to give a home equity loan in the sum of $77,500 to the owners of 1625 California Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgages to the University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 97-196 Page 2 Passed and approved this 17th day of June ,1997. MAYOR City Attorney's Office It was moved by Kubb~v and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Novick Thornberry Vanderhoef ppdrehab\1625cali.doc ~A¥-13-~? 1~:30 FROM.'CiLy o£ IO~A CITY ID:31-q3S~S00~ ~AGE SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City df Iowa city, herein the City, University...o.f Iowa Community Credit. Union of Iowa CityL Iowa _. ']"herein the Financial institution. - .... WHEREAg, the City is the owner and holder of a certain rehabilitation loans which at this time are in the amount of $14_.~.~. 4.2... _ and were executed by Geor. g.e & Richelle Davis._ (herein the Owner), dated Ma_y 30. ,19 97 ,recorded J-un'~ 2 '~ _..-...- .... 19 97 , in Book :~.279, Pa'.'ge A2_ ' through ~/,= , and dated ~4~.y. 3n , 19..q.7, recorded J.u. ng--g---~-:.--~ .v ., 19 o,7.., in Book .2,%2.9._, Page ~z~'~.'.- - through 51 '., Johnson County Recerder's O'ffice, covering the following described real property: The east 42 feet of Lot 190, and the west 18 feet of Lot 191, in Part 4 Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 41, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 77,5.0.0.00 on a promissory note to be executed by the Financial Instftution and the Owner, securing a mortgage coveting the real properby described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation roan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage abaut to be made by the Financial In~itufion. ~ Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein, M;%Y-13-~7 1(~:30 Fi~OM:CiLy oF IOWA CITY ID: 31.~3SGSO(D8 I=AGE 3 SUBORDINATION AGREEMENT Page 2 Consideration, The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150,00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation roan of the City, Binding Effect, This agreement shall be binding upon and inure to the benefit of the respective heim, legal representatives, successors, and assigns of the parties hereto. Dated this 23 day of May ......... 19 97 By CiTY OF iOWA CITY Attest; Mayor FINANCIAL INSTITUTION .... Chri. s~an 1st Vice President. By ~M/~ike~r~~. ~ice ~re-~ent CITY'S A_,QKNO...W%...EDGE MENT STATE OF IOWA ) ) ss: JOHN80N OOUNTY ) On thio /? day of '.('?~-n¢-- lggq, before me, the undoreigned, a Notary Public in and for the State of Iowa, personally appe2red 7~_~z~,; JT T)ou;c/f . . and Marian K. Karr, to me personally known, and, who, being by me duly swam, 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 Oity Council, as contained in (Ordinen6o) (Resolution) No. ¢F-- /% passed (the Resolution adopted). by the City Council, under Roll Call No. of the City Council on the /?wL day of '~ii~¢ , 19....~..2_....., and that '~7~.~',..~-7 '7q~,u;~l~ end Marian K. Karr acknowledged the execution of the instrument to be thcir voluntar~ act and deed and the voluntary act and deed of the corporation, by it volun~;eriJy executed. Notary Public in and for the State of Iowa ...... MA¥-i3-97 10:3~ FROM:CiLy oF IO~A CITY ID:31~3S6S00S PAGE SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) $8: JOHNSON COUNTY ) On this 23 day of May , A.D. 19 97 , before me, the undersigned, a Notary Public'in and for the State of Iowa, personally appeared Chris McLean ..... and Mike. ,M.,o...r~ison , to me personally known, who being by me duty sworn, did say that they are the 1st Vice President and Asst. Vice President , respectively, of said corporation executing the within and foregoing i~'~trument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said 1st Vice President and Asst. Vice Presided.t_ aS such officem ~cknowiedged the execution of' ~,aid instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa ppdcdbg~aubrdnt~.agt Prepared by: Pam Bames, Rehabilitation Officer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5128 RESOLUTION NO. 97-197 RESOLUTION APPROVING A NEW LEASE AGREEMENT BETWEEN THE IOWA CITY AIRPORT COMMISSION AND THE CITY OF IOWA CITY FOR THE LEASE OF AIRPORT I.AND BEING USED BY THE IOWA CITY SALVAGE BARN. WHEREAS, the City of Iowa City has a goal of conserving nonrenewable resources and preserving artifacts with historic and aesthetic value; and WHEREAS, the City Council wishes to further this goal by saving and recycling historic and reclaimable building materials by making these reclaimable materials available to the public for reuse in residential buildings; and WHEREAS, the City Council. adopted Resolution No. 92-180 approving the original lease agreement with the Iowa City Airport Commission to construct a building on airport land that was to be used as the Iowa City Salvage Barn; and WHEREAS, this lease agreement between the City Council and the Iowa City Airport Commission will expire on June 30, 1997; and .- WHEREAS, a new lease agreement between the City Council and the Iowa City Airport Commission for a two year term commencing July 1, 1997 has been negotiated; and WHEREAS, in order to continue with the salvage program at its current location said new lease agreement must be executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Iowa CITY, Iowa: 1. The Mayor and City Clerk are hereby authorized to execute said Lease Agreement, which is Passed and approved this attached hereto and incorporated by this reference. Said Lease Agreement is hereby approved as to form and content. 17th day of June ATTEST: CITY'CLERK MAYOR ,1997. App,,r, ejved by ~ City Attorney's Office ppdcdbg~salvageb.res/doc Resolution No. 97-197 Page 2 It was moved by Kubb.y 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 LEASE AGREEMENT THIS AGREEMENT made and entered into this 8 day of Hay , 1997, by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter called the "Lessor"), and the City of Iowa City, a municipal corporation (hereinafter called "Lessee"), whose address for the purpose of this lease is 410 E. Washington St., Iowa City, Iowa 52240. WITNESSETH: Property. In consideration of the mutual terms, agreements, and conditions herein contained, Lessor hereby leases unto Lessee the following described real property situated at the Iowa City Municipal Airport in Iowa City, Johnson County, Iowa, ("Airport"), to wit: A parcel of real estate not to exceed one hundred (100) feet by one hundred-fifty (150) in size, and located in the northeast quadrant of the Iowa City Municipal Airport. The specific location of said parcel will be marked and staked by the parties. A diagram showing the approximate location and configuration of said parcel is attached hereto and incorpo- rated by reference as Exhibit A. Term. The term of this agreement shall be two ( 2 ) years, and shall commence on July 1, 1997, and shall expire on 5une .50, ~.999 , unless terminated prior to said date pursuant to the provisions of paragraph 8 herein. Rent. Lessee agrees to pay Lessor rent for the Leased Property as follows: $1400o 00 per year, in advance, payable on the first day of July during the term of this lease. The rent shall be paid pro rata by the Lessee for any period of possession less than a full year. Possession. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the time and date of the close of this lease, except as herein provided. Should the Lessor be unable to give possession on said date, Lessee's only damages shall be a pro rata reduction of the monthly rent otherwise due. Use of Property. The parties agree that Lessee intends to construct at Lessee's expense a building with approximate dimensions of 50' x 60', upon a concrete slab. The building will conform to all relevant construction and maintenance codes. The building will be used, pursuant to written agreement between the City of Iowa City, Iowa and the Friends of Historic Preservation, a non-profit local organization, for the storage and resale of historic housing materials. The City will also store other reclaimable materials in the building. Storage of material outside of the building is not permitted. The specific terms for the use of the building are contained in a written agreement between the City and Friends of Historic Preservation, and said agreement is attached hereto as Exhibit B, and incorporated by reference. The parties to this agreement covenant that no use of the leased real estate shall be permitted except as agreed herein, or as provided in Exhibit B. 2 revised 6/16/97 10. 11. 10. 11. The parties further agree that during the term of this lease Lessee shall comply with all city, state and federal codes, including but not limited to Federal Aviation Administration rules and regulations, and that Federal Form 7460-1, Notice of Proposed Construction or Alteration, must be filed and approved before any improvements are made to the property. Parking and Access. The Lessee will provide hard-surfaced parking on the property as required by Chapter 8, Iowa City Code of Ordinances. The Lessee agrees to provide Lessor and/or Lessor's tenant farmer access to airport property across the Leased Property, and further agrees to maintain said access for reasonable use during inclement weather. Security. Lessee will be responsible for constructing and maintaining a security gate with a locking device to block access of vehicular traffic from the leased premises to the Iowa City Municipal Airport. Surrender of Premises. At the termination of this lease, the Lessee shall return said leased property to the possession of Lessor in as good condition as when Lessee took possession, normal wear and tear excepted. Termination of Lease. This agreement may be terminated by either party by giving written notice to the other party. Said notice to be given at least 90 calendar days prior to the intended termination date. Non-discrimination. Lessee covenants in consideration of the right to lease property and operate on the Iowa City Municipal Airport, that there will be no discrimination against any person for employment or public accommodation covered by this agreement because of race, religion, color, creed, sex, national origin, sexual orientation, mental or physical disability, marital status, age or gender identity. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Lessee shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. Insurance. The parties will each keep their respective interests in the premises reasonably insured against hazards and casualties, including fire and those items usually covered by extended coverage. In addition, Lessee will maintain reasonable insurance upon any building affixed to the real estate, and the personal property of said building. Lessee's agent, Friends of Historic Preservation, will be required by Lessee to maintain insurance coverage against personal injury liability for persons going upon the leased premises for a reason contemplated by the agreement entered by Lessee and Friends, and referred to at paragraph Five, herein. Assignment. This lease shall not be assigned without written permission of the Lessor. Severability. In the event any portion of this Lease is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. 3 IOWA CITY AIRPORT COMMISSION CITY OF IOWA CITY, IOWA Pat Foster, Chairpersor~ ¢ Sbcretary " ~" Approved By: City Attorney's Office Nao~ni J. f4t~vicl{, Mayor airport\cityls. agt i ~J N 89'Z3'12" E W%LS 7038 CAP ~ ' ' ¢ 5/8' I. PIN I°~ ; ~' W~L$ 70J6 CAP PARCEL NO. 3 4.94 acre-, ~ Commencing %' To~nshi~ 79 Nort~ .. S~B9' 38 ' 4 l~"N, a Iong; the Po~n~ o¢ Beg~' ~" Ri~ht-of-~ay LineJ .' ~ ~t' I. PIN FND ?8.89 fooc Chord,. ~ Line t54,80 fee~: ~. Radius Curve, Ca 539'22' 33"W: Then ~ .fee~; Thence N01' to the Point of B ~. or less, and is su POINT OF 8EGINNINC PARCEL NO. 3 S 89'36'16" % 114.35' ) L PIPE FND ,-- · J d~- ~',, f -- ~ ~ · i I HF.R[~Y C[RllFY 1HAl THIS PLA1, MAP,SURelY OR AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of June , 1992, by and between the city of Iowa City, Iowa, a municipal corporation (hereinafter called "City"), whose address for the purpose of this agreement is 410 E. Washington St., Iowa City, Iowa, 52240, and Friends of Historic Preservation, a not-for- profit local organization (hereinafter called "Friends"), whose address for the purpose of this agreement is Iowa city, Iowa, 52240. WITNESSETH: The City agrees to negotiate and enter an agreement with the Iowa City Airport Commission to lease a tract of land. Upon executing said agreement, City will build at its expense and on the Iowa City Municipal Airport in Iowa City, Iowa, a "pole building" having the approximate dimensions of 50'x60' Said building will be constructed and maintained in conformity with all applicable state, federal and local regulations° The City, by and through its Housing Rehabilitation Program, and Friends, will use a portion of the building and associated leased ground to establish and operate a facility for the storage and resale of historic and reclaimable housing materials. Rent for said leasehold; if any, will be paid by the City to the Iowa City Airport Commission. Friends shall not be obligated to pay rent to the City. The City will provide electrical service to the building and install a meter for measuring electricity actually used. Friends will be responsible for said electricity costs. The building will have no other utilities. In addition to the insurance held by the City which extends to all its property and operations, Friends agrees to provide liability insurance for its volunteer staff when engaged. away from the site in material reclamation, for its volunteers when engaged on the leased site in operations pursuant to this agreement,and for members of the general public who visit the leased site to inspect and/or purchase materials° Friends will be responsible for keeping the building and its contents in a neat and orderly condition, and free from fire hazard. All material shall be confined within the building. ALL.STATE LEGAL SuPPrY CO, The City will be responsible for maintenance of the building and for snow removal, as needed, in the parking area. Inventory. The~City agrees to notify Friends' when a house within the city having historic or reclaimable material is scheduled for demolition. Friends will salvage historic and reclaimable material from such locations, and the material .~ill be transported by Friends to the aforesaid building for storage and resale. The City will assist Friends in establishing and maintaining an inventory of materials stored and sold. Friends shall be responsible to determine resale value of material. Friends shall be entitled to purchase material for Friends' projects· city shall be entitled to use material for City projects at no cost. Hours of Operation. The aforesaid building will remain closed and securely locked at all times except when an authorized City or Friends staff person is present. Friends will be responsible for establishing regular hours of operation when interested persons may inspect and purchase material. The regular hours of operation shall be limited to two mornings per month, or a total of no more than eight (8) hours per month. Friends shall be entitled to use a portion of the building for the purposes stated herein so long as the City retains the leasehold in the building and associated real property from the Iowa City Airport Commission, according to the terms of the agreement between those parties entered on or about the 16th day of June, 1992. 10. This agreement may be terminated by either party by giving written notice to the other party at the address shown above. Said notice shall be given at least 90 calendar days prior to the intended termination date. 11/ The parties hereto agree that there will be no discrimination against any person for employment or public accomodation covered by this agreement because of race, religion, color, creed, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment· "Public accomodation" shall include but not be limited to providing goods, services, facilities, privileges and adavantages to the public. Nor shall either party violate the terms and requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 12. This agreement shall not be assigned. 13. If any portion of this agreement is found to be invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. CIiY O~~A CITY, IOWA Darrel G. Courtney,/Mayor Approved By: City Attorn~ey s office o ~ o 10. 11. 10. 11. The parties further agree that during the term of this leg Lessee shall comply with all city, state and federal codes, including but not limited Aviation Administration rules and regulations, and that Federal Form 7460-1 of Proposed Construction or Alteration, must be filed and approved before improvements are made to the property. Parking and Access. The Lessee provide h required by Chapter 8, Iowa City Code of O parking on the property as The Lessee agrees to provide Lessor an, property across the Leased Property, reasonable during inclement weat Lessor's tenant farmer access to airport further agrees to maintain said access for Security. Lessee with a locking the Iowa City be responsibl~ to block ,al Airport. constructing and maintaining a security gate of vehicular traffic from the leased premises to Surrender of leased property to the possession, normal of this lease, the Lessee shall return said of Lessor in as good condition as when Lessee took tear excepted. Termination of Lease. T[ written notice to the othel to the intended terminat agreement may be terminated by either party by giving Said notice to be given at least 90 calendar days prior re. Non-discrimination. operate. on the Iowa any person for em because of race, or physical disabilil to hiring, accepti "Public accomm, facilities, privile! with all re( Programs of tl ~ants in consideration of the right to lease property and Airport, that there will be no discrimination against ¢ment or lion, color, marital status g, registering, on" shall include and advantages to ents of 49 CFR Part Department of Trans ~blic accommodation covered by this agreement d, sex, national origin, sexual orientation, mental ge. "Employment" shall include but not be limited lying, upgrading, or referring to employment. Jt not be limited to providing goods, services, public. Lessee shall remain in compliance Non-Discrimination in Federally Assisted on, Insurance. reasonably usually co' insurance building. maintain leased Friends parties will each keep respective interests in the premises nsured against hazards and alties, including fire and those items by extended coverage. In on, Lessee will maintain reasonable any building affixed to the real and the personal property of said agent, Friends of Historic will be required by Lessee to coverage against personal in for persons going upon the for a reason contemplated by the a reement entered by Lessee and and referred to at paragraph Five, herein. Assi -nent. This lease shall not be assigned without sn permission of the Lessor. In the event any portion of this Lease is invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-50z~0 RESOLUTION NO. 97-198 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEYS, INC. D/B/A PANCHERO'S 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, Little Donkeys Inc. d/b/a Panchero's applied for temporary use of the public right- of-way at 32 S. Clinton Street 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 License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license 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 license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 17th day of June , 1 997. clerk\outdoor.res City Attorney's Office Resolution No. 97-198 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of iowa City MEMORANDUM Date: June 9, 1997 To: From: Design Review Committee David Schoon, Economic Development Coordin oa~r~~~~'~'~~.... Re: Sidewalk Care for Panchero's at 32 S. Clinton Street Little Donkey, Inc. has submitted a renewal application for a sidewalk cafe at 32 South Clinton Street (The cafe is actually located along the Washington Street side of Panchero's). 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 indicated that the design of the cafe is substantially the same as the design approved last year. The Committee has indicated that if the design of a cafe 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: Rodney Anderson City Clerk ~ Prepared by: Marian Karr, City Clerk, 410 E. Washington St. Iowa City, IA 52240 (319)356-5041 RESOLUTION NO. 97-199 RESOLUTION RESCINDING RESOLUTION NO. 94-254 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK WHEREAS, every citizen has a right to examine and copy public records and documents, as provided by state law; and WHEREAS, the Iowa Code provides that a city may require all expenses for providing such work shall be paid by the person desiring to examine or copy such records; and WHEREAS, the City Council of Iowa City, Iowa recognizes the need to ensure the protection of public records, and to prevent interference with orderly office routine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Prior City Council Resolution No. 94-25z~ is hereby rescinded in its entirety. 2. The following policy and fees are hereby established: a. All requests for records shall be made during normal business hours, b. Normal response time for retrievals shall not exceed three (3) working days. c. Copying and retrieval charges do not apply to City officials and employees of the City carrying out the normal duties of their office or position. d. The City of Iowa City shall provide copies in the same manner as they are kept in the City Clerk's office. Specifically, the City is not responsible for additional calculations or information not contained in or on the documents themselves. e. Certified copies of any documents which are approved for copying can be obtained at the Office of the City Clerk when copies are made. If copies are removed from the Office of the City Clerk and later returned to be certified, it is not permissible for a certification to be made of those copies. Certified copies must be made at the time the photocopy is first made. f. The charge for copies of records and documents shall be per item as follows: 1 ) Photocopy/Microfilm copy $ O. 1 0 Resolution No. Page 2 97-199 2) Duplicate, transfer or reissuance of cemetery deed ~ 10.00 3) Audio tapes of City Council meetings $ 3.50 4) Diskettes of City Council meetings ~ 1.85 g. No charge will be made for the first fifteen (15) minutes for the services of the City Clerk or staff in research, retrieval or copying of records. Retrievals of more than 15 minutes will be assessed in quarter-hour intervals at the rate of 85.00 per quarter hour. h. If the service requested cannot be completed during regular City Clerk office hours, a person may request the work be completed after hours. The charge will be based upon the overtime paid to the person providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk cannot guarantee the information will be provided in the time requested. Passed and approved this 17th day of June , 1997. , City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be legal\clerkfee,res Prepared by: Don Yucuis, Finance Director, 410 E, Washington St,, Iowa City, IA 52240 (319) 356-5052 RESOLUTION NO. 97-200 RESOLUTION TO SPECIFY THE USE OF ADDITIONAL TAX CREDIT REIMBURSEMENT WHEREAS, House File 726, as passed by the 77th General Assembly and signed into law May 15, 1997, by the governor, requires the State of Iowa to fully fund the homestead, military and elderly property tax credits; and WHEREAS, the amounts received by the City in FY97 for homestead, military and elderly property tax credits will be the base to calculate the additional funding to be received due to full funding of said credits; and WHEREAS, the law requires that at least 50 percent of the additional reimbursement will be used toward property tax relief as determined by the City and the remaining amount to be used for infrastructure needs; and WHEREAS, the City of Iowa City will earmark 50% of the additional credit reimbursement for property tax relief and 50% for infrastructure needs; and WHEREAS, the tax levy for the 1997-98 budget has been certified and cannot be changed, according to the Iowa Department of Management that recertification is not feasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That 50% of the additional funding for property tax credits be earmarked for the purposes of reducing property taxes. That the remaining 50% be earmarked for the purpose of paying for infrastructure needs in the 1998-99 budget. Passed and approved this 17th day of ~lune , 1997. ATTEST: ~~ ~. ~ CIT%CLERK finadrn\taxcred,res Resolution No. 97-200 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Maggie Grosvenor, Housing Administrator, 410 E. Washington St., Iowa City, IA 52240 (319)356- 5400. RESOLUTION NO. 97-201 RESOLUTION AUTHORIZING APPLICATION FOR 1997 COMPRFHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). 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 (HUD) has published a notice of fund availability for Comprehensive Improvements Assistance Program (CLAP) funds; 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 Programs; and WHEREAS, as required by HUD regulations, the Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the application and to request comments; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds; and WHEREAS, in order to receive said funds, a ClAP application must be signed by the Mayor and submitted to HUD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor is hereby authorized to sign said application to the Department of Housing and Urban Development for ClAP funds. 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 17th day of June , 1997. ATTEST: Cl~ ~ hisasst\resciap.res City Attorney's Office Resolution No. 97-201 Page 2 It was moved by Kuhhy and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Steven Nasby, Assoc, Planner, 410 E, Washington St,, Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 97-202 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of t~118,780 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, Table to Table, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for Iowa Emergency Shelter Grants Program funding (97-ES-002), a copy of which is attached hereto, is hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 17th day of 0une , 1997. CIT~-CLERK jccoghs\resolutn\agt-ided,res A~roved by City Attorney's Office Resolution No. 97-202 Page 2 It was moved by Kubb~v and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT ESGP CONTRACT NUMBER: AWARD DATE: EFFECTIVE DATE: AWARD AMOUNT: 97-ES-002 June 8,1997 July 1,1997 $118,780.00 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and the City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Grantee submitted an application for funding to the Department and the Department has approved the application; and WHEREAS, in approving the application the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the quality of existing emergency shelters for the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT.. "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B, Budget Summary; Attachment A, Application; and consistent with federal regulations and guidelines applicable to the ESGP program. 1.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the last date specified in Article 03.1; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. CONTRACT NUMBER 95-ES-002 PAGE 2 1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. 1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all o~'the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's grant application together with any related submittal documents. 1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: ® a supervised publicly or privately operated shelter designed to provide temporary living accommodations; ® an institution that provides a temporary residence for individuals intended to be institutionalized; or ® a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.11 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed or accomplished by the Grantee as described in this Contract and the ESGP application approved by the Department. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All pa.,,q-nents under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 3 ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the first day of July, 1997 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30,1998. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget as presented in Attachment B, "Budget Summary". It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed one hundred and eighteen thousand seven hundred and eighty dollars ($118,780.00) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such contribution shall be provided in accordance with the approved Budget Summary, Attachment B. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (b) In-Kind. If the grantee agrees to provide in-kind contributions to the Project, then said contribution shall be as shown in the approved Budget Summary.. Attachment B. (c) It is expressly understood by the Grantee that should local effort not at least equal grant funds expended, the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 08.1 (b)), the grantee shall identify the cash and in-kind local efforts contributed during the report period. 3.4 ADMINISTRATION. This'Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Iowa Emergency Shelter Grants Implementation Manual, which has been distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities and performance targets as described in Attachment B, "Budget Summary", and as further elaborated in Attachment A, ESGP Grant Application. 4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee has met their performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment B, "Budget Summary". The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 4 ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal (Attachment A) as summarized in the Grantee's approved 1993 Emergency Shelter Grants Budget Summary (Attachment B). 5.2 EXPENDITURE OF HOMELESS PREVENTION FUNDS. The Grantee shall ensure the use and expenditure of Contract fitnds for the purpose of homeless prevention within 180 days of the start of this Contract. Any funds remaining in the budget for this purpose after the expiration of the 180 days may be utilized for other purposes only after a formal budget amendment to this Contract. If the Grantee cannot utilize any funds remaining for other purposes, the Department may require the amendment of this Contract to reduce the award amount by a similar amount. 5.3 BUDGET REVISIONS. Budget revisions which would result in increases of budgeted line item amounts in excess often percent (10%) or ten thousand dollars ($10,000), whichever is less, shall be subject to approval of the Department through the contract amendment process. Budget line item decreases which would lower the Grantee's performance level required under this Contract must be approved by the Department through the amendment process. In no instance shall a budget revision result in total costs exceeding the total Contract amount. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: 6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL REOUIREMENTS. Funds shall not be released under this Contract until the Grantee has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as summarized in the Iowa Emergency Shelter Grants. Implementation Manual. 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. 6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies), shall receive and review the subrecipient agreement between the grantee and approved subrecipient(s). 6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction shall not begin prior to plan review and approval of disabled accessibility by the Building Code Program staff of the Ioxva Department of Public Safety. ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 5 ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that: 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract, has been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the Grantee submitted its ESGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Grant Contract. 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF THE GRANTEE 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the ESGP application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless individuals and families in the construction, renovation, maintenance, and operation of facilities assisted under the Emergency Shelter Grant Program. (b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of the month when due, and for final reports, within thirty (30) days after the Contract Expiration Date. The Grantee shall review all ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 6 reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Activity Status Report (Form 3) 10th of every month accompanying any funds request (original and one copy) Payment Request/Status of Funds (Form 1'} 10th of every month after submitting initial request (original and three copies) Summa .ry Performance Report (Form 3-D) Within 15 days of Contract completion and within 15 days of the end of a calendar year. Updates to the Applicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1984. The Department reserves the right to reqmre more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS. The Grantee shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain these materials for a period of three (3) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or ifa claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy (I) any plans and work details pertaining to the Project, (ii) all of the Grantee's books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or inspection. (e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. (f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (I) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee. ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 7 (h) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performance of this Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circular A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments"), OMB Circular A-128 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85. (ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100- 77) and regulations which implement this law. (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101-235), and implementing regulations. (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order # 15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213; ~ind related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended ( 12 U.S.C. 1701 u); and regulations which implement these laws. (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of 1986; and regulations which implement these laws. (ix) Fair Labor Standards Act and implementing regulations. ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 8 (x) implementing regulations. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and regulations. (xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing (xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resources Act (16 U.S.C. 3501) (xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601) and implementing regulations; (xiv) implementing regulations. (xv) and implementing regulations. Hatch Act (regarding political partisan activity and federally funded activities) and Government-wide Restriction on Lobbying Certificaiion [Section 319 of Public Law 101-121 ] (xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F. (xvii) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa Administrative Code, chapter 24. (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Iowa Emergency Shelter Grants Manual; the IDED Audit Guide. (xix) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate,and submit copies of the policies to the Department. 8.2 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of the Grantee in connection with this Contract or to induce the Department ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 9 to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee. (b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Contract. (c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not completed on or before the Contract Expiration Date. (d) MISSPENDING. If the Grantee expends Grant proceeds for purposes not described in the ESGP application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it to do one or more of the following: (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee under this Contract plus interest. 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "Application," dated January 15, 1997. 2. Attachment B, "Budget Summary," dated June 8, 1997. 3. Attachment C, "General Provisions," dated April 28, 1995. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of priority shall govern: ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 10 1. Articles I through 11 herein. 2. Attachment C, "ESGP Program General Provisions", dated April 28, 1995. 3. Attachment B, "Budget Summary", dated June 8, 1997. 5. Attachment A, "ESGP Application", dated January 15, 1997. ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in frill force until the project is completed as determined by the department. 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not ESGP Grant Format Revised April 28, 1995 CONTRACT NUMBER 95-ES-002 PAGE 11 contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. 11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRANTEE: City of Iowa City Th~-Honor~le Naomi Novick Mayor, Ci~ of Iowa 410 East Washington Street Iowa CiW, Iowa 52240 DATE: /9¢7 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: Approved_By CRy Attorney's Office BY: DATE: DAVID J. LYONS, DIRECTOR ESGP Grant Format Revised April 28, 1995 IOWA EMERGENCY SHELTER GRANTS PROGRAM ATTACHMENT B Contract Number: 97-ES.002 Grantee: City of Iowa City Address: Homeless Agency(s): (a) DVIP, (b) Emerg Hsg Pit, (c) Gtr IC Hsg Fellowship, (d) HACAP - Johnson Co., '(e) Four Oaks, (f) Table-to-Table BUDGET SUMMARY PROJECT DESCRIPTION PERFORMANCE TARGET ESGP DATE: June 10~ 1997 To be filled in by DED Original Amendment # Fid Rep Sgn AMOUNT BUDGETED OTHER TOTAL LOCAL MATCH Activity 2: ESSENTIAL SERVICES (a) VohJntaer hours (b) Staff Salades (c) Staff Salaries (d) Sta~ Salades (e) Sba'f Salades (f) Staff Salades $24.170 $24.170 $33,090 $33,090 $5,130 $5,130 $13.380 $13,380 $25.465 $25.465 $17.545 $17.545 SUBTOTAL: $118,780 Payments or the cost of staff salades (b) 28.000 $28.000 $28,000 Activity 3: MAINT., OPER., INSUR,, UTIL., FURNo SUBTOTAL: $28.000 Payments for normal operating costs (a) 23,500 (b) 4,200, (d) 13,000, (e) 21.100. (f) 17.100 $78,900 $78,900 Activity 4: HOMELESS PREVENTION SUBTOTAL: $78,900 Payments for normal homeless prevention activities (~5,000,(e) 3,700 $8.700 $8,700 GRANTEE ADMINISTRATION: (Audit, Reporting, Local Coordination) TOTAL AMOUNT OF ALL FUNDS BUDGETED: SUBTOTAL: $3,18o ';;;I $118,780 $118, $8.700 $3,180 $237,560 CONTRACT NUMBER 95-ES-002 ATTACHMENT C EMERGENCYSHELTER GRANTSPROGRAM(ESGP)CONTRACT GENERALPROVISIONS TABLE OF CONTENTS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 AMENDMENT. (a) WRITING REOUIRED ........................................................................................... 1 (b) UNILATERAL MODIFICATION .................................................................................. 1 (c) IDED REVIEW AUDIT REOUIREMENTS ................................................................................................. 1 COMPLIANCE WITH LAWS AND REGULATIONS .......................................................................... I UNALLOWABLE COSTS PROGRAM INCOME ..................................................................................................... 2 INTEREST EARNED ..................................................................................................... 2 SUSPENSION ............................................................................................................ 2 TERMINATION .......................................................................................................... 2 (a) FOR CAUSE .................................................................................................... 2 (b) FOR CONVENIENCE ............................................................................................ 2 (c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING ...................................................... 2 PROCEDURES UPON TERMINATION ...................................................................................... 2 (a) NOTICE .................................................. ...................................................... 2 (b) RIGHTS IN PRODUCTS .......................................................................................... 2 (c) RETURN OF FUNDS ............................................................................................. 2 ENFORCEMENT EXPENSES .............................................................................................. 3 INDEMNIFICATION CONFLICT OF INTEREST ................................................................................................ 3 (a) GENERAL (b) PERSONS COVERED ................................................................................... 3 (c) CONFLICTS OF INTEREST ............................................................................. 3 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS ..................................... 3 CIVIL RIGHTS. (a) (b) (c) (d) (e) (h) 6) DISCRIMINATION IN EMPLOYMENT ............................................................................ 3 CONSIDERATION FOR EMPLOYMENT ........................................................................... 4 CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT .................................................................. 4 CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING ................................. 4 PROGRAM NONDISCRIMINATION ............................................................................... 5 FAIR HOUSING SECTION 3 COMPLIANCE ....................................................................................... 5 NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS .............................................................. 5 INCLUSION IN SUBCONTRACTS .......................................................... i ...................... 5 POLITICAL ACTIVITY .................................................................................................. 6 MINORITY AND WOMEN BUSINESS ENTERPRISES ........................................................................ 6 DRUG ABUSE ............................................................................................................ 6 ESGP Grant Format Revised April 28, 1995 ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved April 28, 1995 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 AMENDMENT. (a) WRITING REOUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. (b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. (c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. AUDIT RE@UIREMENTS. (a) SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance xvith the Single Audit Act of 1984 (P.L. 98-502) as implemented at 24 CFR part 44, IDED's administrative rules for the ESGP program (261 Iowa Administrative Code 24), the Iowa Emergency Shelter Grants Program Manual and the IDED Audit Guide distributed by IDED. (b) ADDITIONAL AUDIT. As a condition of the grant to the Grantee, IDED reserves the right to require the Grantee to submit to a post Project completion audit and review in addition to the audit required above. Such an audit and review will be at the expense of the Grantee. COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit. closeout procedures or by other means or process that the Grantee has expended furtds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shb. ll either be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. INTEREST EARNED. To the extent it can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED. SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87. TERMINATION. (a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. ESGP General Provisions Page 2 Revised April 28, 1995 (b) FOR CONVENIENCE. IDED, the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. (c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. (a) NOTICE. [DED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If'there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share of noncancellab[e obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. (b) RIGHTS IN PRODUCTS. All finished and tinfinished documents, data, reports or other material prepared by the Grantee under the Contract shall, at IDED option, become the property of IDED. (c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys. experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. (a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted activities or who are in a position to participate in a decision making process or gain inside information with regard to'such activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which are receiving ESGP funds. (c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. 14.0 CIVIL RIGHTS. (a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-offer termination; rates of pay or other forms of ESGP General Provisions Page 4 Revised April 28, 1995 (h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa) or as otherwise provided by law. (i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to an5' subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690) The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. TERRY E. BRANSTAD, GOVERNOR June 11, 1997 DEPARTMENT OF ECONOMIC DEVELOPMENT DAVID J. LYONS, DIRECTOR The Honorable Naomi Novick Mayor, City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 SUBJECT: IDED HOMELESS FUNDS Award of Funds - Contract Number 97-ES-002 JUN 1 2 1997 City ANAgER'$ OFFICE Dear Mayor Novick, I am pleased to inform you that an award has been made through the Emergency Shelter Grants Program in the amount of $118,780. This award is based upon needs identified in applications for funds that were submitted earlier this year. Enclosed you will also find a packet of information. Please insure that all documentation is on file with the IDED as soon as possible, to expedite your ability to draw upon these funds. This contract will begin effective July 1, 1997. If you should have any questions or need further information concerning your contract, please contact Steve Deeds, Homeless Funds Coordinator at 515-243-5968. Sincerely, David J. Lyons, DireFor ~ Iowa Department offEconomic I~evelopment Enclosure Grantee File Senator Richard Drake Senator Mary Newhauser Rep. Mary Mascher Rep. Dick Myers Senator Robert Dvorsky Rep. Minette Doderer Rep. Barry Brauns Rep. Ro Foege 200 EAST GRAND AVENUE ! DES MOINES, IOWA 50309 ! TEL: 515/242-4700 / FAX: 5151242~4809 EMAIL:info@ided.state.ia.us ! TTY:515/242-4861 ! http://www. state.ia.us/ided Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-203 RESOLUTION ACCEPTING THE WORK FOR THE PARK ROAD STORM SEWER PROJECT, PHASE II. WHEREAS, the Engineering Division has recommended that the work for construction of the Park Road Storm Sewer Project as included in a contract between the City of Iowa City and Bockenstedt Excavating of Iowa City, Iowa, dated April 8, 1997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of June ,1997. ATTEST:ciT~ C~LER~ ~' ~ Approved by City Attorney's Office It was moved by Kubby and seconded by No~'ton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\parksew.res ENGINEER'S REPORT CITY OF I0 WA CITY June 17,1997 Honorable Mayor and City Council Iowa City, IA RE: Park Road Storm Sewer Project, Phase II Dear Honorable Mayor and Councilpersons: I hereby certify that the construction on the Park Road Storm Sewer Project, Phase II has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $69,089.11. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 3~6-$009 City of Iowa City O ANDUM Date: To: From: Re: City Council Karin Franklin, Director, Planning & Community Develo~i-ent/~"' David Schoon, Economic Development Coordinator Scott-Six Industrial Park City staff is still in the process of negotiating the development agreement for the Scott-Six Tax Increment Financing District. At this point in time, the only outstanding issue is the price ceiling for the industrial land in the industrial park. We are making progress in our negotiations but would request that the Council 1) defer consideration of the resolution adopting the urban renewal plan, 2) defer consideration of the tax financing district ordinance, and 3) continue the public hearing on the development agreement and defer consideration of the resolution executing the develop- ment agreement to the July 15th meeting (Items 6-8). CC: Bob Downer AI and Mary Jo Streb tp4-3.kf Council Member then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SCOTT - SIX URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote ff, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SCOTT - SIX URBAN RENEWAL PLAN THEREFOR. WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and -3- WHEREAS, a proposed Scott - Six Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists of: Parcel I (to be rezoned CI-1): Commencing at the Southwest Comer of Section 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 N00 o 03'29"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, concave Northwesterly, whose 385.04 foot chord bears N07 °23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°l 8'56"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 S00°03'29"E, 300.25 feet; Thence S 11 °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02 °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 o 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 radius curve, concave Southwesterly, whose 175.59 foot chord bears N5 9 © 59'08"W; Thence N60 o 50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. -4- Parcel II (to be rezoned I-1): Commencing at the Southwest Comer of Section 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; 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°59'08"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 N00°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01 o 12'12'"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11 °43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the 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 Kine 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. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Scott - Six Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Scott - Six Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefor; and -5- WHEREAS, creation of the Scott - Six Urban Renewal Plan Area and adoption of the Scott - Six Urban Renewal Plan therefor has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by this reference; and WHEREAS, by resolution adopted on ,1997, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Scott - Six Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Scott - Six Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the designated representative of the City filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public heating on the adoption of the proposed Scott - Six Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press - Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public heating has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Scott - Six Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Scott - Six Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. -6- Section 2. This Council further finds: a. A feasible method exists for the location of families who will be displaced from the Scott - Six Urban Renewal Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Scott - Six Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c. As to those areas of open land to be acquired by the City included within the Scott - Six Urban Renewal Plan Area: i. There is, at this time, no intention to develop any portion for residential purposes. ii. With reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Scott - Six Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Scott - Six Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Scott - Six Urban Renewal Plan for the Scott - Six Urban Renewal Plan Area"; the Scott - Six Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Scott - Six Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Scott - Six Urban Renewal Plan for the Scott - Six Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Scott - Six Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Scott - Six Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this day of ,1997. Mayor ATTEST: City Clerk JKOVACEVX85940\ 1 \ 10714046 ~ Aleroved By ~7 /2 ,4 -8- EXHIBIT A Scott-Six Urban Renewal Plan Table of Contents Section ! - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions Section 5 - Land Use Section 6 - Relocation of Families · Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Descript:ion Addendum No. 2 - Scott-Six Urban Renewal Project Area Map Introduction The Iowa City Comprehensive Plan - 1989 Update states as economic development goals the need to (!) diversify and increase the property tax base by encouraging the retention and expansion of existing industry, (2) increase employment opportunities consistent with the available labor force, (3) provide and protect areas suitable for future industrial and commercial development, and (4) provide for the extension of infrastructure which will induce development in areas designated for industrial and commercial growth. The Comprehensive Plan states that the City of Iowa City, referred to hereafter as the City, may provide financial incentives to encourage development that will help the City achieve these goals. The City and the region have found it difficult to foster the economic well-being of the community through industrial development due to the high price of land. The City has concluded it is in the interest of its citizens to encourage the' development of an industrial park in order to provide industrial land at a price affordable to industrial development. To assist with ensuring that the price of land is affordable, the City intends to make available the use of tax increment financing as a means to finance the' construction of some of the necessary infrastructure improvements within the Scott-Six Urban Renewal Plan Area, referred to hereafter in this Plan as the Urban Renewal Project Area. In addition, the City will make available the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 1997 Code of Iowa, as amended. Urban Renewal Plan Objectives The overall goal of the Scott-Six Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for industrial development. The following objectives have been established for the proposed Urban Renewal Project Area: o To encourage and support development that will ekpand the taxable values of property within the Urban Renewal Project Area. · To encourage the development of start-up firms, the expansion of existing businesses, and the attraction of new industries. · To provide for the orderly physical and economic growth of the city. · To enhance the availability of sites to accommodate the construction of new industrial buildings; To assist with the provision of infrastructure to enable competitive land prices and lease rates; To make public improvements as deemed necessary by the City to support new industrial development; To provide financial incentives and assistance to qualifying businesses. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. The location and general boundaries of the Scott-Six Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Scott-Six Urban Renewal Project Area. This area is approximately 140 acres. Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site improvements, public infrastructure improvements, and financial incentives to encourage industrial development. Private Site Improvements Site improvements may include, but are not limited to, design and construction of buildings, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, stormwater management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements. Public infrastructure i.mprovements may include improvements to that portion of 420th Street to the south and east of the Urban Renewal Area, which need for said improvements would be created by development projects within the Urban Renewal Area. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. Financial Incentives Tax increment financing shall be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in light manufacturing or wholesale trade and warehouse establishments allowed in the Intensive Commercial (CI-1) Zone, and the industrial uses allowed in the General Industrial (I-l) Zone. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendum A of the "Economic Devetopment Policies, Strategies, and Actions for the City of Iowa City". Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for industrial development which is consistent with this Urban Renewal Plan. Current Zoning The Project Area is presently zoned I-l, General Industrial Zone, and CI-1, Intensive Commercial Zone which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Project Area is presently used for agricultural purposes. The proposed land uses include commercial and industrial purposes which are consistent with the current zoning. Relocation of Families The Urban Renewal Area contains one single-family structure located in the northwest comer of the Area. The structure is presently rented as a residence on a month to month basis. When the northwest comer is ready for commercial/industrial development, the property owner shall give the tenant thirty days notice to move out of the premises. Given this arrangement, the tenant assumes the responsibility of relocating to a new residence. Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obligation Debt by Issue Issue Original Final Principal Date Amount Interest Rates Maturity Outstanding Notes 1988 $ 1,260,000 6.3%-6.4% 6/98 $ 260,000 (1) 1989 2,960,000 5.9%-6.1% 6/00 1,200,000 (2) 1990 2,300,000 5.7%-6.2% 6/01 1,125,000 (3) 1991 2,340,000 5.4%-5.6% 6/02 1,350,000 (4) 1992 4;870,000 4.45%-5.50% 6/02 2,695,000 (5) 1992 3,450,000 4.75%,5.20% 6/07 2,740,000 (6) 1994 7,370,000 4.6%-4.7% 6/04 5,875,000 (7) 1995 8,500,000 4.8%-5.125% 6/07 7,790,000 (8) 1996 6,100,000 3.6%,5.5% 6/15 6,100,000 (9) 1996 295,000 4.2%-5.0% 6/01 295,000 1997 5,200,000 Being issued 6/07 5,200,000 Total $34,630,000 (1) 23.8% abated by water revenue. (2) 41% abated by sewer revenues. (3) 14.95% abated by water revenues and 38.44% abated by sewer revenues (4) 9.40% abated by sewer revenues. (5) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (6) 100% abated by parking revenue. (7) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (8) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (9) 72.89% abated by water revenues. Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or .for any purpose, to an amount, in the aggregate, exceeding five per centurn on the value taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness." Debt Limit Computation Total Assessed Actual Valuation Legal Debt Limit of 5% of 1996 Assessed Actual Value Debt Chargeable Against Limit Legal Debt Limit Available $2,168,696,093 $108,434,805 34,630,000 $73,804,805 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 1997 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. A Resolution of Necessity was adopted by the City Council on · 1997. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of industrial park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (1997), was adopted by the City Council on ,1997 Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1989 Update on July 11, 1989. Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1989 Update. * The Planning and Zoning Commission recommendation was forwarded to the City Council on ,1997 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. The~ consultation with districts was held on regular mail on representatives from the affected taxing , 1997. The notice was mailed by · 1997. Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the mtmicipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written-response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Comments were (were not) received from the affected taxing districts by ,1997, which was seven days following the date of the consultation. On ,1997, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. The public hearing on the Urban Renewal Plan document pursuant to state law was held on , 1997. The public notice was published , 1997, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1989 Update. * The plan includes a feasible method for relocating families. On , 1997, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - !989 Update, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Parcel I (to be rezoned CI-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Jotmson 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. High- way No. 6 and the Point of Beginning; Thence continuing N00°03'29"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, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°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 S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°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%V, 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 radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'08"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-l): Commencing at the S~uthwest Corner of Section 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. High- way 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°59'08"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 N00°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01°12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the 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°38'37'3At 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\urbrev. pln ADDENDUM 2 Location Map SCOTT-SIX INDUSTRIAL PARK URBAN RENEWAL PROJECT AREA PDH 5 . ,..~---..! / ,:.i~ ~~~ '?' ~.. i~: ::::::::::::::::::::::::::::: ~ ~ ~~ .......i~"--~:.'~ ~:-~-~-~.~.~-~-~-~.~-~-~.~-~.~- ~~ :: ~.-.-.-.-.-.-.r.~-.-.-.-.-.-.-.- ~. ~ ~~ ~ ~. :::::::::::::::::::::::::::::: · ~o I%~:~~ i~ . -~-~-~-~.~-~-~-.-. , h'u~~ -',~: ........... I ': .~~ ~:.~.~?: ':':':':':':':-~:' I '~. Urban Renewal Project Area i~. i I I I' - Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JO STREB WHEREAS, by Resolution No. __ adopted ,1997 this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Scott - Six Urban Renewal Plan (the "Plan") for the Scott - Six Urban Renewal Project Area (the "Project Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; 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 Alvin and Mary Jo Streb (the "Develop- er"), in the form of a proposed Agreement for Private Redevelopment 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 as described in the Agreement. 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 Chapters, 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, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of a grant to the Developer in connection with the development 3 of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be 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. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, ap- proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this day of ,1997. Mayor ATi"EST: Clerk ~.-A!;)proved B~ / (~_.~.~ttorney~ ~)ffice ~_/~p.¢ DEVELOPMENT AGREEMENT FOR THE SCOTT-SIX TAX INCREMENT FINANCING DISTRICT THIS 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 ALVIN F. STREB and MARY JOAN STREB, husband and wife, (hereinafter called "Developer") which expression shall include their successors in interest and assigns. WITNESSETH: WHEREAS, it is in the 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 out- lined 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.m and Plattina. 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. 97-139 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 Industrial (I-1) Zone. Qualifying businesses shall be determined by the City Council based ,upon each such 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. 3. 'Fax Increment Financinq 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 403.19 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 403.19. 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 Financin.~. 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 Ceilinq. 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 the price per lot set out on the attached price list in Attachment B. The price listed shall increase by __% on July I of each year following July 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 Council approval apply for or be eligible for the partial property tax exemption for industrial property provided by 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 2 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. 7. 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. 97-139. 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: Naomi J. Novick, Mayor By: Alvin F. Streb Attest: By: Marian K. Karr, City Clerk Mary Joan Streb ecodev\sc~6agt,doc 3 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 , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Alvin F. and Mary Joan Streb, husband and wife, to me known to be the identical persons 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 4 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 Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO°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 and the Point of Beginning; Thence continuing N00°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, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO© 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°O9'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl 1 °43'38"W, 1240.47 feet; Thence S06°O0'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°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 radius curve, Concave Southwesterly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO°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°59'08"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 N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NO1°12'12"E; Thence N02°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 Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°O9'30"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.O0 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 Preliminary Plat Lot Number Lot 25 Lot 26 Lot 27 Lot 28 Lot 29 Lot 30 Lot 31 Lot 32 Lot 33 Lot 34 Lot 35 Lot 36 Lot 37 Lot 38 Lot 39 Lot 40 Lot 41 Lot 42 ecodev\sctt6agt.doc Attachment B Price List for Industrial Lots Scott-Six Industrial Park Number of Acres 1.29 1,33 3.21 3.77 10.09 7.27 11.49 12.02 10,79 10.68 4,12 4.78 2.57 2.34 2.66 2.65 2.34 2.76 Price , 1997 The City Council of Iowa City, Iowa, met in session, in the City Hall, 410 E. Washington Street, Iowa City, Iowa, at o'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: WHEREAS, the Council published notice and held a public hearing on the matter of the proposal to approve and authorize execution of an Agreement for Private Redevelopment (the "Agreement") by and between the of Iowa City and Alvin and Mary Jo Streb on June 3, 1997 and considered the extent of objections to said action; and WHEREAS, the Council has now determined to proceed with the authorization of the Agreement. Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREE- MENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JO STREB and moved: r-1 that the Resolution be adopted. F-1 to be held at o'clock __.M. on the day of 1997, at this place. Council Member seconded the motion. The roll was called and the vote was, AVES: to ADJOURN and defer action on the Resolution and the proposal to the meeting NAYS: 2 CIG-3 CERTIFICATE STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceed- ings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organiza- tion, existence or boundaries of the City or the right of the individuals named therein as of CIG-3C to their respective positions WITNESS my hand and the seal of said Municipality hereto affixed this , 1997. day of City Clerk, Iowa City, Iowa SEAL cadatI\legal\sarah\streb.not 5 Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., iowa City, IA 52240 (319)356-5141 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENT 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 headng 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 secudty 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, at the Civic Center, until 10:30 a.m. on t.he 9th day of July, 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 15th day of July, 1997, or at such later time and place as may then be fixed. Passed and approved this day of , 19 ATTEST: CITY CLERK pweng\iarivsew.res MAYOR City Attorney's Office Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)$56-5141 RESOLUTION NO. 97-204 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER 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, at the Civic Center, until 10:30 a.m. on the 8th day of July, 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 15th day of July, 1997, or at such later time and place as may then be fixed. Passed and approved this 17th day of June ,19 97 ATTEST: CI~K pweng\scotblvd.res MAYOR City Attorney's Office Resolution No. 97-204 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Prepared by James Brachtel, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5149 RESOLUTION NO. 97-205 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE 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% 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, at the Civic Center, until 10:30 a.m. on the 10th day of July, 1997. Thereafter the bids will be opened by the City Engineer or 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 15th day of July, 1997, or at such later time and place as may then be fixed. Passed and approved this :].7th day of June ,1997. pweng\southgat. res Approved by City Attorney's Office Resolution No. 97-205 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: I ¢.hrnan the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 97-206 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT, ESTABLISH- ING 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: 'i'he 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. 'l'he 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, at the Civic Center, until 10:30 a.m. on the 1 lth day of July, '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 15th day of July, 1997, or at such later time and place as may then be fixed. Passed and approved this 17th day of June ,19 97 ATTEST: CI~ CLERK pweng\sherisew.res MAYOR City Attorney's Office Resolution No. 97-206 Page 2 It was moved by Lehman 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: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 97-207 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT, [PROJECT NO. BRM-371 §(5)--8N-§§]. WHEREAS, this project involves the total reconstruction of the Brookside Drive Bridge, which spans the south branch of Ralston Creek. WHEREAS, the construction cost estimate is ~158,000, of which 80% of the construction cost will be funded by Federal-Aid Highway Bridge Replacement and Rehabilitation Program Funds; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids were accepted on May 2, 1 997, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law by the IDOT, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the construction are hereby approved. Passed and approved this 17th ATTEST: //~~ ~ '- CITY CLERK pweng\brookbrd.res day of June , 1997. Approved by City Attorney's Office Resolution No, 97-207 Page 2 It was moved by Kubby 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 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 97-208 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT, [PROJECT NO. BRM-3715(5)--8N-52]. WHEREAS, Iowa Bridge & Culvert, Inc. of Washington, Iowa, has submitted the lowest responsible bid of $183,129.90 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 Iowa Bridge & Culvert, Inc. of Washington, Iowa, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. 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 and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this ].7th day of ~]une , 1997. CITY CLERK MAYOR City Attorney's Office pweng\brkbrid.res Resolution No. 97-208 Page 2 It was moved by Thornberr.y 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: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 522z~0; 319-356-5236 RESOLUTION NO. RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY TRANSIT INTERCHANGE FACILITY WHEREAS, the applicant, Shoemaker & Haaland Professional Engineers, has filed an application for design review approval of the proposed Iowa City Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the Project consists of exterior alterations occurring in the public right-of-way which was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted, subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the proposed Iowa City Transit Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest in Iowa City, Iowa, be approved subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Resolution No. Page 2 Passed and approved this day of , 1997. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and upon roll call there were: AYES: and seconded by NAYS: ABSENT: the Resolution be adopted, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ecodev\transit,res City of iowa City MEMORANDUM Date: June 17, 1997 To: City Council From: David Schoon, Economic Development Coordmato~.r~- Re; Design Review Application for Iowa City Transit Interchange and Recommendation Regarding Projecting Signs At its June 16, 1997, meeting, the Design Review Committee recommended, by a vote of 4-1 (Woodson voting no), disapproval of the design review application for the Iowa City Transit Interchange Facility. In addition to this recommendation, the Design Review Committee recommended by a vote of 5-0 that the City Council reassess the location for the transit interchange facility due to the design impact and safety concerns of the facility. Also at its June 16 meeting, the Design Review Committee strongly recommended, by a vote of 4-1 (Swan voting no), that projecting signs continue to be prohibited. By a vote of 5-0, the Committee then recommended that if projecting signs are permitted, the Committee supports the staff's recommendation in the May 1, 1997, memo to the Planning and Zoning Commission with the following modifications: the width (thickness) of projecting signs be no wider than four inches and projecting signs not be illuminated. cc: Design Review Committee Steven Ford Ron Logsden Bob Miklo f:\transit2,cc IOWA CiTY TRANSIT INTERCHANGE FACILITY CITY OF IOWA CITY UNIVERSITY OF IOWA WASHINGTON STREET OLD CAPITOL CENTER MALL CLINTON STREET NORTH SCALE: 1" = 20' .',1 I()l MAKI_.K & t lf,z',t A..,[; f-'t-tOl IJ.~.~.,IONA[ LNOINt I IOWA CITY BUS TRANSIT FACILITY · ~-' ' ~ ' ~.~ L~..~ SOUTH SIDE ELEVATION 1/4" = 1'-0" EAST SIDE ELEVATION 1/4" = 1'-0" Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-209 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT. WHEREAS, Metro Pavers of Iowa City, Iowa has submitted the lowest responsible bid of 8388,1 63.50 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: That the contract for the construction of the above-named project is hereby awarded to Metro Pavers subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, 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 and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 17th day of June , 19 97 ATTEST: ~ ~. CIT%CLERK MAYOR City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\willawrd, res ADVERTISEMENT FOR BIDS WILLOW STREET RECONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10th day of June, 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 Engi- neer. 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 the 17th day of June, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: 5,500 S.Y. of P.C. concrete street, driveway and sidewalk removal and replacement plus an additional 3,150 S.Y. of P.C. concrete street replacement or, as an alternate, 1,900 L.F. of P.C. concrete curb and gutter with 2,730 S.Y. of full depth A.C. concrete street, 1,000 L.F. of various sized R.C.P. and P.V.C. storm sewer and street intakes, 1,400 L.F. of 6" watermain, 50 L.F. of 8 to 10 in. dia. sanitary sewer removal and replacement, and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by Rick Fosse, P.E., City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form. furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance 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 AF-1 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 hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved 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 mainte- nance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 80 Early Start Date: June 23, 1997 Late Start Date: July 14, 1997 Liquidated Damages: $500 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bid- ders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. 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 subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract 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 can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. 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 lawfutly re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO. 97-210 RESOLUTION ACCEPTING THE WORK FOR THE 1997 ASPHALT RESURFAC- ING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING WORK ON THE PROJECT WHEREAS, on April 22, 1997, the City Council approved Resolution No. 97-1 28 awarding the 1997 Asphalt Resurfacing Project Contract to L.L. Pelling Co., Inc. of North Liberty, Iowa; and WHEREAS, work on the 1 997 Asphalt Resurfacing Project ("Project") has been completed in substantial accordance with the plans and specifications prepared by the Engineering Division of the City of Iowa City; and WHEREAS, the remaining work in the contract, consisting of the completion of resurfacing work on Market Street from Gilbert Street to Clinton Street and on Dodge Street Court would best be delayed until the late summer of 1997 after the completion of water main work by the City of Iowa City crews; and WHEREAS, the prime contractor requests that the remaining work, accounting for approximately 5% of the Project Contract, be reconfigured in the form of a supplemental contract with the prime contractor, as provided in Section 573.27, Code of Iowa; and WHEREAS, the City Engineer finds this to be a reasonable request; and WHEREAS, the Engineering Division has recommended that the work for construction of the 1 997 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L.L. Pelling Co., Inc., dated April 23, 1997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City's Clerk's office, and the contractor's surety consents to supplemental contract and the bond shall remain in full force and effect until completion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. All improvements for the above-mentioned Project, excluding the items in the supplemental contract, are hereby accepted by the City of Iowa City, Iowa. The Supplemental Contract for the remaining work with L.L. Pelling Co., Inc. is hereby approved and, by mention, made a part of this resolution. Resolution No. 97-210 Page 2 The Mayor is hereby authorized to sign and the City Clerk to attest the Supplemental Contract. Passed and approved this 17th day of June , 1997. ATTEST: CITY CLERK MAYOR Apzl;~ved by C~ City Attorney's Office 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 pweng/aspha197.res CITY OF IOWA CITY SUPPLEMENTAL CONTRACT 1997 ASPHALT RESURFACING PROJECT CONTRACT AWARDED BY RESOLUTION NO. 97-128 KIND OF WORK: Asphalt Resurfacing This Supplemental Agreement, is entered into by and between the City of Iowa City, Iowa, and L.L. Pelling Co. of North Liberty, Iowa, hereinafter called 'Contractor'. The parties to this supplemental agreement have entered into a prior agreement on the 23rd day of April, 1997, which agreement, and all the terms and conditions therein, not heretofore performed, are by reference incorporated herein. Pursuant to §573.27, Code of Iowa (1997), the Contractor has made a request for payment after the completion of at least ninety-five percent (95%) of the work under the original contract. The bondsman has consented that the Contractor's bond filed in support of the original contract will remain in full force and effect. Both the said Request and Bondsman's Consent are by reference incorporated herein as though fully set out. The Contractor in consideration of Seventy Four Thousand Five Hundred Thirteen Dollars and Seventy Five Cents ($74,513.75) payable as set forth under the terms of the original contract and specifications, constituting part of this contract, does hereby agree to complete the following work in accordance with the plans and specifications and the original contract: ITEM NO. DIVISION I 1. 2. 4. 5. 6. 7. 16. 18. 19. 20. DIVISION IV 1. 2. 3. 4. 5. 6. 7. 8. ITEM QUANTITY & UNIT UNIT PRICE AMOUNT Leveling Course, Type A, ~ mix Surface Course, Type A, ½ mix Asphalt Removal Manhole Adjustment Remove & Replace Curb & Gutter Pavement Milling Cleaning & Preparation of Base Pavement Marking, Preformed Traffic Control Mobilization Cover Aggregate Binder Bitumen Chip Seal Scarification 1" Road Stone for Widening Asphalt Millings for Surfacing Class 10 Excavation Finish Grade, Seed, Fertilize & Mulch Driveway Removal 375 Tons 34.81 13,053.75 450 Tons 34.81 15,664.50 500 S.Y. 7.50 3,750.00 2 Each 350.00 700.00 300 L.F. 21.00 6,300.00 4500 S.Y. 2.95 13,275.00 0.25 Miles 3,500.00 875.00 2.5 Sta. 310.00 775.00 Lump Sum 5,000.00 5,000.00 Lump Sum 1,000.00 1,000.00 50 Tons 28.00 1,400.00 1,120 Gal. 1.15 1,288.00 1,100 Sy 0.85 935.00 220 Tons 9.50 2,090.00 150 Tons 9.50 1,425.00 325 Cy 12.50 4,062.50 Lump Sum 2,000.00 2,000.00 34 Sy 8.00 272.00 Page 1 9. P.C.C. Driveway 6" 24 Sy 27.00 648.00 TOTAL 74,5'! 3.75 It is further agreed by the parties to this supplemental contract that the above work shall be commenced within two weeks of notification from the City of Iowa City that water main work has been completed in the areas where this work is to be done, and the amount of liquidated damages, if any, will be determined under the terms of the original contract and by considering this supplemental contract and original contract dated April 23, 1997. Dated this \"'~ ~ of June, 1997. CITY OF IOWA CITY Mad'or Nao~:~/Not¢ick A'I-FEST: CONTIeR Title: ~~ ,/4~ ,-- erk Page 2 ENGINEER'S REPORT CITY OF I0 WA CITY June 12,1997 Honorable Mayor and City Council Iowa City, Iowa RE: 1997 Asphalt Resurfacing Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1997 Asphalt Resurfacing Project has been completed by L.L. Pelling Co. of North Liberty, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City with the exception of the completion of resurfacing work on Market Street from Gilbert Street to Clinton Street and on Dodge Street Court. As allowed in Section 573.27 of the State Code, the Contractor requested a supplemental contract be proposed to cover the remaining work. I find this request to be reasonable to allow City crews to complete water main work in these areas and therefore recommend approval of the supplemental contract included with the accepting resolution. The final contract price is $759,217.97 which includes additional work for the installation of speed humps on Teg Drive and a sidewalk on the east side of Sycamore Street from Lakeside Drive to Burns Avenue. The supplemental contract is in the amount of $75,513.75. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ch~rd A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. '97-211 RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR FOR THE EXTENSION OF OAKDALE BOULEVARD BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W-66. WHEREAS, Coralville, Iowa City and Johnson County participate in the JCCOG for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an Arterial Street Plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Oakdale Boulevard will eventually be extended between First Avenue Coralville and County Road W-66, but the Arterial Street Plan does not set out a preferred corridor alignment; and WHEREAS, it is in the best interest of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred corridor now identified for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66 as an urban arterial street; and WHEREAS, this agreement is intended to clarify the more general language now found in the JCCOG Arterial Street Plan regarding the Oakdale Boulevard alignment. 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 Iowa Code Chapter 28E Agreement with the City of Coralville and Johnson County which is attached hereto and incorporated by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interest of the citizens of Iowa City, Iowa. The City Clerk is directed to forward a certified copy of this resolution, together with the agreement, to Coralville and Johnson County for execution; and upon return of the fully executed document by all parties, is further directed to record the resolution and agreement in the Johnson County Recorder's Office and to file a copy of the resolution and agreement with the Secretary of State, as required by Chapter 28E Code of Iowa (1997). The City Clerk shall retain the returned, recorded document as a permanent file. , Resolution No. 97-211 Page 2 Passed and approved this 17th day of June ,1997. ATTEST: /,~~_~ ClT~ CLERK City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef jccogtp\28eoakda.res Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W-66 This Agreement is made and entered into pursuant to Chapter 28E, Code of Iowa (1 997) by the City of Coralville, Iowa, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "the County". WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments ("JCCOG") for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an Arterial Street Plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Oakdale Boulevard will eventually be extended between First Avenue Coralville and County Road W-66, but the Arterial Street Plan does not set out a preferred corridor alignment; and WHEREAS, it is in the best interest of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred corridor now identified for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66; and WHEREAS, this agreement is intended to clarify the more general language now found in the JCCOG Arterial Street Plan regarding the alignment of Oakdale Boulevard between First Avenue Coralville and County Road W-66. NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, CORALVILLE, IOWA CITY, AND THE COUNTY AGREE AS FOLLOWS: The attached Figure 1 illustrates the general preferred corridor which has been selected for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66. Actions taken by Coralville, Iowa City, or the County shall preserve a 100 foot wide right-of-way as a general preferred corridor as shown in Figure 1. However, any specific action to secure actual right-of-way shall be undertaken by each separate governmental entity, namely Coralville, Iowa City, and Johnson County, and such actions in securing said right-of-way, by dedication or otherwise, shall be carried out by Coralville, Iowa City, and Johnson County, in a manner required by law. These actions by Coralville, Iowa City, and Johnson County shall include but not be limited to: the subdivision of property, annexations, conditional use permits, lot splits, farmstead splits, building permits, and the rezoning of property. 2 This agreement shall exist solely to preserve the general, preferred corridor for the eventual extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. It shall not obligate Coralville, Iowa City, or Johnson County to build any portions of the general, preferred corridor for the Oakdale Boulevard extension, nor shall this agreement in any way encumber the title or affect the rights of any property within the general, preferred corridor as depicted in Figure 1 attached hereto and incorporated by reference herein. This agreement shall remain effective unless and until the agreement is cancelled or modified by joint written agreement of the Coralville City Council, Iowa City City Council, and the Johnson County Board of Supervisors. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1997). Executed with approval and on behalf of the City of Coral.~e, the City or_iowa City, and the Johnson County Board of Supervisors on this 2~/ day of /~".~ 1997. By: CITY OF CORALVILLE, IOWA JaCes Fausett, Mayor CITY OF IOWA CITY, IOWA Nabmi J. ~ovidk, Mayor Arlys Hannam, City Clerk JOHNSON COUNTY, IOWA BY: S~.~..,.~ 4~/~ ally Stutsl~an, Chairperson Board of Supervisors ATTEST: ~ /~'~- County Auditor MarFan K. Karr, City Clerk APPROVED BY: City Attorney for Iowa City 3 CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onethis .~/~.,~ day of ,~N , 19 ~-/~7 , before me, //~///'/D ~/' ~-../~'7-/~.¢~---~ otary Public in and f0~--t~-e' State of Iowa, personally appeared James 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 James 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 in ~nd for the State of Iowa ~/~- ,? ~ CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ! ~ ~ day of ~'-"~.~. ,19 ?? , before me, $onJ+~_.~ ~:~¢J¢ , 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 (Ordinancc) (Resolution) No. q 7- Z-/I passed by the City Council, on the !'7 ~ day of ~'~r~. , 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 JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) )SS~ JOHNSON COUNTY) :~.~ ,1997, before me/~,~/~/~ /'~-day of,/~ Nota~ Public in and for the State of Iowa, pe~onally appeared Sally Statsman and Tom Slockett, to me personally known and, who, being by me duly sworn, did say that they are the Board of Supervisors Chai0erson and the County Auditor, respectively of Johnson County, 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 the authority of its Board of Supe. rv~rs, as co~t/3ine{ in a motion passed by the Board of Supervisors, on the ~j/~' day of C/~_.r~...~/ , 1997, and that Sally Statsman and Tom Slockett acknowledged the ~xecutj~n of the instrument to be their volumary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. RUST ENVIRONMENT AND INFRASTRUCTURE, SCALE IN METERS ~0 s~o SCALE IN FEET 501 SYCAMORE STREET, WATERLOO, IOWA 1-319-232-6531 ~o . ,,.,~.'~~!'-. ,ooo ...,,. .... 'N" ~//'~" '~(' ' '" ....... ~.. ,,...:~.;,~Ag~i~.e~.~.~, ..... ~, ., .: .. :.,-g,.~ ,,,.~..,'. +::~['~r,t!~'~![ ........~;~, .,'~'~:l'.~X~-[l~,'"s ........ ,r~"~ .' · " ' ,' - , .............· ...........,~ . .. ,~,, , ....... ..~ · .~. ~-:;--:~ ................, ...........'g~: .., -~ . ~.,5',,,' .. ,,., ...... Y~, . ..... , . ,'. .. ~ ., ., .. · .... . ?'"~ . '....'~.: .....,] .......~:,.." ."',.-:, ,. ..~. .. ..' ., ~ . .~ ." ..,. , .. .. . . ¥,~..?~;~'¥ ~.,~,'~....~.:.,,./,.'.':~;....:,.4,,~.....?...:~...~...:~,~,:~,-;:,~..~::..,""..,:,. ~. ':,~, ,.'.., ': ,.., . ~::.?:~ ~:'~ :~.~ . : .. ....'.~,~ ,. ~,, . ..., ,~,'~ , . .. . · .. '.. . ~ ~ ~ ,~ ~ . · . .. ~ . ., ~.... . ~ ~": ... . ," . ' ,1'~ ~:' ':'"".".. ~.,'..,.,~., ~.':.:;~ . ,.,. . -~. ·, . ~;,; ....~ ,. ~:'~'...... ~. · , ,~ ~ .~ · . , ,,,: · . . .., ,.., ·" :' ~. ,.'..;. :...:,,,.-,~'.~~~~~~ .,..~ , , ., ,..~ .-. .., ; ~:,...., ...,....~..... ,.. ........ //[., ~'.. .~~ . I .",' ~, ,,,,~ '.., ,', ' ,,'"" ~ ..e" '. ' ' "' ' ' ' ,:, z,'.; ~ "' ~ ~. ~ .;'.. ~ ........ .. , ~,~.,~..~ ..:::'~ J '. '~'.o ;,,~',' ',', .',.',-':",':,,.X/'~? ~[;-::./::-;~ · .~ ~, ~.', ., ~ ,,.' ..,~/. I ~'"<~. '// "': /~ ' ' ' '~' ' // ~ .......~'~ ' ,, I · e '//~,, ,: ' i '; '.? "'".'. '. ~ ... .: . ',,,, , ,,, .,, ,,, · ~,~-~ ,,' ,, ::.., .,.'.r.:. ,,.:...~ .... . ...... ~ ,. ,,./..,.... ,. ,.. ....;;?,:,..., ....,.;...:[,.,.,:, '.'....,.,.~..... '.. [', ...,.; ./y.~,' ...,. .. " .... ' ' I " ' ....' '"; ' ~""' ' ...... ..,. :~ ~.~, ..... , ............. .,...'. ...~2..~ ,...· ,~-. . :. .......:..,...'.t., ~661~" '" ,,,',',:" "~' , ,':,',,":,.,,:"',"" ' .: ' i , ~1 ..,'.~" '?' ~ ,,:'"'?','~ ...... ' ~" '" ,,, .,:, .~. .~.',3..~. . ,' . .~, ', . , ~. .,. . . . . "~ ,,..~ .' ' .. Figure 1 ~ ......~.." '."": ....,~ '"' Propos,~d Location for '. " Oakclale Boulevard PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 August 12, 1997 Marian K Karr CMC/AAE City Clerk 410 E Washington St Iowa City, IA 52240 RE: Filing of 28E Agreement between the City of Iowa City and the City of Coralville Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of August 12, 1997. Paul D. Pate Secretary of State PDP/kfw Enclosures Prepared by: Leigh Lewis, Administrative Secretary, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5050 RESOLUTION NO. 97-212 A RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT AND OPERATION OF A JOINT ANIMAL CONTROL FACILITY. WHEREAS, the City of Iowa City and the City of Coralville recognize a need to provide adequate animal control services to their citizens; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this state may be exercised jointly with any other agency of this state having such power; and WHEREAS, the cities of Iowa City and Coralville, with the assistance of JCCOG, have negotiated the terms of a Chapter 28E Agreement for the Development, Use, Occupancy, Management and Operation of a Joint Animal Control Facility, a copy of which Agreement is attached hereto and made a part hereof; and WHEREAS, it is in the interests of the City of Iowa City and the City of Coralville to enter into said Agreement providing for a joint animal control facility, and to appoint representatives to the Animal Control Advisory Board, established pursuant to said Agreement, to assist in the development and operation of said facility; and WHEREAS, the City Council has determined that the approval and execution of said Chapter 28E Agreement would be in the interests of the citizens of the City of Iowa City. NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Chapter 28E Agreement for the Development, Use, Occupancy, Management and Operation of a Joint Facility Animal Control Facility, a copy of which is attached hereto and made a part hereof, is hereby approved as to form and content; and That the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said Chapter 28E Agreement for and on behalf of the City of Iowa City, Iowa; and The City Clerk be and is hereby authorized and directed to file said Agreement in the offices of the Secretary of State and the Johnson County Recorder, as provided by Chapter 28E of the Iowa Code. Resolution No. 97-212 Page 2 Passed and approved this 17th day of June , 1997. MAYOR Approved(~...~~ City Attomey's Office It was moved by Kubb.,v and seconded by be adopted, and upon roll call there were: Vanderhoef the Resolution AYES: NAYS: ABSENT: X X X X X x X Baker Kubby Lehman Norton Novick ThomberTy Vanderhoef animals~6Eres.wp5 28E Agreement Between The City of Iowa City and The City of Coralville Providing for the Use, Occupancy, Management, and Operation of a Joint Animal Control Facility WHEREAS, the City of Iowa City and the City of Coralville entered into a 28E Agreement in 1987 to develop, manage, and operate a joint animal facility; and WHEREAS, the City of Iowa City and City of Coralville want to continue to manage and operate a joint animal control facility. NOW, THEREFORE, the Cities of Iowa City and Coralville (hereafter "the parties") do hereby agree as follows: Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa Pursuant to Chapter 28E of the 1997 Code of Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise their respective powers to operate and manage an animal control facility (hereafter "facility") for the impoundment, adoption, licensing, and disposal of animals, and as a place to be used for public education. The parties hereby agree that this Agreement shall be effective upon its execution by both parties, and that it shall remain in effect until terminated by the parties, or either of them, as hereafter provided. .. The parties hereby agree that the City Manager of the City of Iowa City shall be designated as the administrator for purpose of this Agreement as provided by Section 28E.6 of the Code of Iowa, and that the City Manager shall administer the management and operation of the facility. The parties hereby agree that the operation and management of the facility shall be jointly funded by them as provided in Part Ill hereof. The parties hereby agree that the joint animal control facility is on property owned by the City of Iowa City as described in Exhibit A attached hereto, and that the joint animal control facility shall be owned by the City of Iowa City, subject to certain rights and interests herein granted to the City of Coralville as provided in Part III hereof. Upon termination of this Agreement as provided in Part IV, the City of Coralville's right to occupy and use the animal control facility shall cease, and the City of Iowa City shall thereafter have unencumbered ownership and use of the facility. The parties agree to establish a five-member Animal Control Advisory Board, consisting of two members from each municipality selected by each governing body and one additional member selected by majority vote of the members selected by the municipalities. The terms of the members of the Animal Control Advisory Board shall be for three years, except that when the Board is first created, one of the members selected by each municipality shall be appointed for a term of one year and one for a term of three years. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. The Animal Control Advisory Board shall provide such recommendations and advice as are required by this Agreement, or as may be requested by the City Council or City Manager of Iowa City or by the City Council or City Administrator of Coralville. The Board shall adopt bylaws containing general procedures and requirements pertaining to meetings and the conduct of its business which shall be consistent with regulations promulgated by state and local authority. Part II - Use, Occupancy, Management and Operation of Joint Animal Control Facility 1. Grant of Undivided Riqht'to Use and Occupy. In consideration of Coralville's contribution to the property and construction costs of the facility, and its commitment to contribute to the ongoing costs of operation and maintenance of the facility, the City of .Iowa City grants unto the City of Coralville an undivided right to the use and occupancy of the facility as hereafter provided. The parties agree that the City of Coralville's right to use and occupy the facility is not exclusive, it being the intent of the parties that the facility is to be shared and jointly used by them for the purposes hereafter provided. 2. Premises and Term. The City of Iowa City hereby agrees that the City of Coralville shall, during the term of this Agreement, have the right to use and occupy the premises for the purposes hereafter provided. The term of this Agreement shall be indefinite, termination thereof to occur as hereafter provided. The City of Coralville's right to use and occupy the premises shall commence when the City of Iowa City opens same for its use. 3. Possession and Use of Premises. The parties agree that the joint animal control facility shall be used for the impoundment, adoption, and disposition of small animals (dogs, cats, and the like), and for the administration of their respective animal control functions. The facility shall include sufficient office space for personnel charged with administering the facility and Iowa City's animal control function. A portion of said office space, sufficient to accommodate one person, shall also be assigned to the City of Coralville for purposes of administering its animal control function. One parking space in the parking lot adjacent to the facility shall be reserved for the use of Coralville animal control personnel or the Coralville Police Department. Space within the facility shall be assigned by the Animal Control Advisory Board in accordance with this provision. 4. Operation and Maintenance. The City of Iowa City shall have the responsibility for the physical operation and maintenance of the joint animal control facility. The City of Iowa City shall have responsibility to properly operate and maintain the facility, under such guidelines as are developed by the Animal Control Advisory Board and approved by the City Councils of Iowa City and Coralville. The City of Iowa City shall have the responsibility to properly operate and maintain the facility, including the building, grounds, and equipment, and shall have responsibility to provide general supervision of the entire facility during normal operating hours. The facility shall be under the general administration and supervision of the City Manager of the City of Iowa City, who may delegate responsibility for the day-to-day operation of the facility to the Chief of Police or Animal Control Supervisor, or such other' individual as the City Manager may from time to time designate. The parties further agree that personnel of the City of Iowa City shall intake all animals presented for impoundment by citizens of Iowa City, Coralville, or other cities or counties and will keep separate records for each city or county of all such impoundments. Iowa City personnel shall thereafter provide care and shelter for the animals impounded, and will administer the reclaiming, adoption, or disposal of such animals according to the respective ordinances, and rules and regulations of Iowa City, and will collect all fees associated therewith. The Animal Control Advisory Board shall review proposed detailed ordinances and rules and regulations for operation of the Animal Control Facility, governing impoundment, acceptance, adoption, licensing, and disposal of animals, and make recommendations for consideration and adoption by the City Councils of Iowa City and Coralville. Representatives of Iowa City and Coralville will strive to develop uniform animal control ordinances for consideration by the City Councils of Iowa City and Coralville. 5. Bud.qet and Cost Sharing. On or before January 1 of each year, a preliminary fiscal year budget estimate for the operation and maintenance of the joint animal control facility shall be prepared and submitted to the City of Coralville for their review. Each fiscal year budget for the facility shall reflect estimated expenses for operation and maintenance of the facility in, but not limited to, the expense categories shown on the Sample Budget for the facility, Exhibit B hereto. Cost share items in said budget shall include, but not be limited to, the following: personnel costs for operation (salaries, FICA, Social Security, IPERS, medical insurance); liability and property insurance; utilities (gas, telephone, electric); clerical supplies; maintenance supplies; food; and medical costs for impounded animals. Capital purchase items (equipment) which are to be purchased during 3 said fiscal year, the costs of which are to be shared by the parties, shall be set forth and similarly identified in the budget. The parties do hereby agree to annually budget and contribute monies during the term of this Agreement to defray the expense of operating and maintaining the joint animal control facility. The parties further agree that Iowa City shall have responsibility to budget for and pay all costs and expenses associated with operation and maintenance of the facility as they accrue, and to act as controller in that regard. Coralville hereby agrees, for so long as it shall retain the right to occupy and use the facility under this Agreement, to contribute monies to the City of Iowa City to assist in defraying Iowa City's costs and expenses in operating and maintaining the facility, which contribution shall constitute consideration for its continued use and occupancy of the facility. The parties agree that their respective cost share percentages for the facility shall be calculated on the basis of the current certified Residential Assessed Values per the Johnson County Auditor, as follows: (a) Iowa City's cost share percentage = Iowa City's Residential Assessed values + Total Residential Assessed Values in Iowa City and Coralville (b) Coralville's cost share percentage = Coralville's Residential Assessed Values + Total Residential Assessed Values in Iowa City and Coralville Coralville agrees that it shall be obligated to contribute annually during each fiscal year, as its share of said expenses, an amount equal to its cost share percentage of cost share items identified in the adopted budget for the facility. For purposes of this provision, cost share items shall mean those cost and expense items from the fiscal year budget for the facility which the parties have agreed to share, examples of which items are shown in Exhibit B. Coralville agrees to pay its annual fiscal year contribution in 12 equal monthly payments, each monthly payment equal to 1/1 2 of the appropriate percentage of the cost share items identified in the adopted budget for the facility for that fiscal year. Each monthly payment shall be made in advance, on or before the 20th day of the preceding month. The parties further agree that all fees paid, except for trap rental, shall be applied to pay the costs of operating and maintaining the animal control facility, and that the remainder of the costs of operating and maintaining the facility shall be paid by the cities of Iowa City and Coralville, as hereafter provided. Such fees collected by the City of Coralville from Coralville residents shall be retained by Coralville. Such fees collected by the City of Iowa City, whether paid by residents of Coralville or Iowa City, shall be retained by Iowa City. Annually Iowa City and Coralville shall account for and report all such fees collected, and shall send such report to the other party within 30 days of the close of the fiscal year. Coralville shall remit to Iowa City the amount of fees collected during the fiscal year. The City of Iowa City agrees that at the close of each fiscal year it will prepare a reconciliation report and that it will forward said report to the City of Coralville on or before August 31 of each year. Said report shall reflect: (1) actual costs and expenses for all line items in the budget for the facility for the preceding fiscal year; (2) actual costs and 4 expenses for cost share items in said budget; (3) unbudgeted costs incurred; and (4) the amount of all fees collected by Iowa City and Coralville, as provided in the preceding paragraph. Said report shall also reflect the adjusted contributions to be paid by Iowa City and Coralville for operation and maintenance of the facility. The adjusted contributions shall be calculated as follows: (1) Actual expenditures for cost share items (including if appropriate unbudgeted costs incurred), less (-) fees paid to Iowa City and Coralville, -- net cost of operation and maintenance. (2) Coralville's cost share percentage x net cost of operation and maintenance -- Coralville's adjusted contribution. (3) Iowa City's cost share percentage x net cost of operation and maintenance -- Iowa City's adjusted contribution. In the event that Coralville's actual dollar contribution for said fiscal year exceeds its adjusted contribution, Iowa City shall remit the difference to Coralville in the form of a refund payment. In the event that Coralville's actual dollar contribution for said fiscal year is less than its adjusted contribution, Coralville shall remit the difference to Iowa City in the form of a final payment. The City of Coralville shall either approve or object to said reconciliation report within 30 days of receipt thereof. Said report shall be deemed to be approved by Coralville if not objected to within said 30-day period. The parties agree that Coralville's final payment, or Iowa City's refund payment, as set forth in the reconciliation report, shall be due and payable within 30 days after Coralville's approval of the reconciliation report. Part III - General Provisions 1. Declaration of Default and Notice. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30-day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue its remedies as provided in paragraph 2 hereof. 5 2. Remedies Upon Default. In the event of default by the City of Coralville in its obligation to make contributions to the costs of operating and maintaining the joint animal control facility, as provided in Part II, or a default by Coralville in the performance of any material provision of this Agreement, the City of Iowa City may, at its option, after declaring default and giving notice thereof, terminate this Agreement and/or seek specific performance of its provisions. In the event that Coralville terminates this Agreement as hereafter provided, Coralville shall have the obligation to make contributions to the costs of operating and maintaining the joint animal control facility during the entire term of this Agreement, regardless whether or not Coralville continues to occupy and use the facility during the entire term, and Iowa City shall be entitled to specific performance to enforce this provision. In the event of default by the City of Iowa City in its obligation to operate and maintain the joint facility as provided in Part II hereof, the City of Coralville may, at.its option, after declaring default and giving notice thereof, terminate this Agreement and/or seek specific performance of its provisions. 3. Termination. The parties hereby agree: (a) that either party may terminate this Agreement by giving notice of termination as hereafter provided; (b) that this Agreement shall not terminate at other than the close of a fiscal year (July 1); and (c) that at least 15 months written notice of termination must be given the other party. If written notice of termination is given a party on or before March 15 of any year, termination of the Agreement shall be effective on and as of July 1 of the next calendar year. Upon termination of this Agreement, the City of Iowa City shall remit to the City of Coralville all amounts contributed by Coralville as its share of the original land value, design costs, and costs of construction. The amounts of such contributions shall be set forth in the reconciliation report for the final fiscal year of operation of the facility, and the total amount of all such contributions shall be remitted to Coralville within 30 days of its approval of that reconciliation report. Upon termination, the parties shall also enter into an agreement pursuant to which Iowa City shall either (a) remit to Coralville its share of the original cost of equipping the facility, and its share of capital costs identified in fiscal year budgets for the facility, or (b) turn over to Coralville its share of the equipment and capital items acquired, or perform such combination of (a) and (b) as the parties may agree. In the event that Coralville disputes Iowa City's calculation of land costs, design costs, or construction costs to be remitted to Coralville, or in the event that the parties fall to enter into an agreement regarding payment for or division of equipment and capital items, the matters in dispute shall be submitted to binding arbitration by a panel of three arbitrators. One arbitrator shall be appointed by the City of Iowa City, one shall be appointed by the City of Coralville, and the third shall be appointed by the two arbitrators appointed by Iowa 6 City and Coralville. The arbitration shall be conducted as provided in Chapter 679A of the 1997 Code of Iowa. 4. Indemnity and Hold Harmless. The City of Coralville hereby agrees to indemnify, defend, and hold harmless the City of Iowa City, its officers, agents and employees, against any and all claims, suits, actions, debts, damages, costs, charges and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of the City of Coralville, either active or passive, or those of its agents, .employees, assigns or any other person acting on its behalf in using or occupying the joint facility pursuant to the terms of, and for the purposes specified in, this Agreement, or arising from Coralville's supervision of any other use of the premises by Coralville, its agents, employees, assigns or any other person acting on its behalf, or arising from Coralville's supervision of any other activity which Coralville sponsors, suffers or allows to occur on the property. The City of Iowa City hereby agrees to indemnify, defend, and hold harmless the City of Coralville, its officers, agents and employees, against any and all claims, suits, actions, debts, damages, costs, charges and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of the City of Iowa City, either active or passive, or those of its agents, employees, assigns or any other person acting on its behalf in the design, construction, operation, maintenance or general supervision of use of the joint facility pursuant to the terms of, and for the purposes specified in, this Agreement, or arising from any other use of the premises by the City of Iowa City, its agents, employees, assigns or any other person acting on its behalf, or arising from any other activity which the City of Iowa City sponsors, suffers or allows to occur on the property. 5, Amendment of A.qreement. Amendments to this Agreement shall become effective upon the unanimous approval the governing bodies of Coralville and Iowa City. Dated this !"Z day of ~-'~ , 1997. CITY OF IOWA CITY By: Dated this ~t.~. day of Attest: City Clerk ,1997. 7 CITY OF CORALVILLE Attest: Clerk animals/28e,agt 8 Exhibit A Joint Animal Control Facility Property Description Beginning at a point which lies 27 feet East of the centerline of Clinton Street extended and 35 feet South of the centerline of Kirkwood Avenue; thence N 90o00'00" E, an assumed bearing, 321.82 feet; thence S 45053'06" W, 100.00 feet; thence S 02o15'24" E, 184.74 feet; thence N 50030'48" W, 331.33 feet; thence N 00°22'57" E, 44.95 feet to the Point of Beginning. Said tract contains approximately 39,377 square feet. animals/28e.ag! 9 EXPENDITURE DETAIL Exhibit B Sample Budget FYS9 JOINT ANIMAL CONTROL FACILITY EXPENDITURE 6100 Regular Salaries and Wages 6110 Permanent Full-time Staff 6130 Temporary Employees 6230 Longevity 63D0 Pensions and Retirement 6310 FICA 6320 IPERS 6400 Employee Insurance Benefits 6410 Health Insurance 6420 Life Insurance and Supplemental 6430 Disability Insurance Subtotal 7100 Office Supplies 7110 Office Supplies 7120 Books, Magazines, Newspapers 7150 Microcomputer Supplies 7200 Operating Supplies 7210 Agricultural Materials 7220 Chemical and Lab Supplies 7250 Building Operation Supplies 7260 Animal Supplies 7280 Misc. Conl~odities Subtotal 8150 Health Care Services 8200 Communications 8210 Telephone Communications 8220 Postal Communication 8300 Travel and Education 8310 Travel to Conferences 8350 Certifications 8500 Public Utility Services 8510 Gas and Electric Service 8520 Sewer and Water 8530 Landfill Use 8600 Repair and Maintenance 8630 Equipment Repair and Maintenance 8650 EDP Equipment Repairs 8700 Technical Services 8720 Uniform and Laundry 8740 Printing Services 8760 Other Technical Services 8930 Dues and Memberships Subtotal IOWA CITY CORALVILLE SHARE SHARE (@ 86.72%) (@ 13o28%} $61,042 $52,936 $ 8,106 848 735 113 514 446 68 4,680 4,059 621 3,453 2,994 459 3,026 2,624 402 159 138 21 362 314 48 $74,084 $64,246 $ 9,838 $ 226 $ 196 $ 30 378 328 50 150 130 20 52 45 7 299 259 40 476 413 63 2,037 1,767 270 700 607 93 $ 4,318 $ 3,745 $ 573 $ 687 $ 596 $ 91 1,079 936 143 86 75 11 2,210 1,916 294 290 251 39 2,279 1,976 303 274 238 36 6 5 I 267 232 35 250 217 33 TOTAL 797 691 106 540 468 72 550 477 73 80 69 11 $ 9,395 $ 8,147 $ 1,248 $87~797 $76~138 $11,659 N,Bo The expense items shown above on this exhibit are examples of the types of items which will be proposed for cost sharing in future budgets for the facility, and this exhibit does not exclusively limit or define such cost share items. PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES ~V~OINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 8, 1997 Marian K Karr City Clerk 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. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 8, 1997. Paul D. Pate Secretary of State PDP/kfw Enclosures Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 97-213 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1997, through June 30, 2000, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above-referenced Agreement between the City and the Union is hereby approved by the City. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this ].7th day of June , 1997. ATTEST: CIT'F"' CLERK MAYOR unions\police.res Resolution No. 97-213 Page 2 It was moved by Thornbe~'r.y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X , ,X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 1997 TO JUNE 30, 2000 TABLE OF CONTENTS ARTICLE Preamble .................................................... Article I -- Recognition .......................................... Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article II -- Management Rights .......... , .......................... III-- Check Off ........................................... IV -- Union Business Agents ................................. V -- Union Meetings ....................................... Vl-- Bulletin Boards ....................................... VII -- Seniority ........................................... VIII -- Daily and Weekly Hours of Work .......................... IX -- Overtime-Standby ..................................... X-- Holidays ............................................ XI -- Vacations ..................................... ' ..... XII -- Sick Leave ......................................... XIII -- Special Leaves ...................................... XIV -- Lay-Offs .......................................... XV -- Training ........................................... XVl -- Personnel Transactions - Rules ........................... XVII -- Watch Transfers .................................... XVIII--Insurance ......................................... XIX-- Equipment ......................................... XX -- Weapons and Special Equipment .......................... XXI -- Adequate Facilities ................................... XXII-- Uniforms .......................................... XXIII -- Duty Outside the City ................................ XXIV -- Supplemental Employment ............................. XXV -- Position Classification ................................ XXVl -- Grievance Procedure ................................. XXVII -- Effective Period .................................... XXVIII -- Compensation .................................... XXIX -- Public Emergency ................................... XXX -- General Conditions .................................. PAGE. 1 2 2 2 3 3 3 4 4 6 7 8 9 10 12 13 13 lZ~ 14 15 16 16 16 17 17 17 18 21 21 22 22 PR~A/I/IBL£ THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: ART/CLE I RECOGNIT/ON Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representa- tives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority nclude, but are not limited to, the following: fo To direct the work of its employees. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. To suspend or discharge officers for proper cause. To maintain the efficiency of governmental operations. To relieve officers from duties because of lack of work or for other legitimate reasons. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. To take such actions as may be necessary to carry out its mission. To initiate, prepare, certify and administer its budget. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize 3 in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (1 O) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. The City will 'not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained asaresult of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: ao Resignation. Discharge for just cause. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. Giving a false reason for leave of absence. Failing to report for work within fifteen (1 5) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. ARTICLE VIII DAILY AND W£EKL Y HOURS OF WORK Section 1. Work Week The work week for officers who are not working a continuous shift shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. 5 The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) (2) (3) (4) (5) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (z~) consecutive periods; and thereafter Six (6) consecutive eight (8) hour days followed by three (3) consecu- tive days off; and thereafter Five (5) consecutive eight (8) hour days followed by three (3) consecu- tive days off; and thereafter A repetition of the above schedule. The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1, subsection b. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (2z~) hours in advance if he/she is required to work on a day off. 6 Section 6. Strai.qht Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX 0 VERTII~IE - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1~2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: A rest period of at least one-half (½) hour immediately following his/her normal work day, or One additional one-half (~/2) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political.subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on acontinuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday 8 hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (z~0 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (z~) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section4. For the purpose of this Article, the holiday begins at 11:00p.m. ontheday preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE Xl VA CA TIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5-10 years .1 ¼ 10-15 years 1 15-20 years 1-3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (22z~) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (1 92) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE Xll SICK LEA VE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having aleave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (½) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. ao After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) (2) (3) Duty connected disability. Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on 'duty shall notify the watch supervisor before leaving duty. 10 Section 4.. In the event an officer is injured or disabled on the job requiring time from work, no deduc'tions shall be made from the officer's accumulated sick leave unless such officer requires nqore than two (2) working days in which to recuperate and return to work. ARTICLE Xlll SPECIAL LEA VES Section 1. On-the-Joblniurv. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: That the injury or illness is determined compensable by the Iowa'City Temporary Disability Review Board (the Board) and The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, children, mother, father, grandparents, stepparents, sister, or brother. An officer' will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/her supervisor. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (1 2) 11 months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. .d. Shall not accrue seniority during leaves exceeding thirty (30) days. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. o The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section z~.. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not 12 selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. MilitarvLeave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Votin.q Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. A R TICI_ E Xl V LA Y-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 13 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers .on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article Vla schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVl PERSONNEL TRANSACTIONS- RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. 14 Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVll WA TGH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police .will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (1 4) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay four percent (4%) per month of the monthly premium (prorated for part-time employees) toward the cost of such coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. 15 Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of t~1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XlX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of' assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speak- er/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. 16 ARTICLE XX WEAPONS AND SPECIAL EOU/PM£NT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bull'et-proof vest for each officer and will replace them as necessary. ARTICLE XXl ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). One (1) winter and one (1) summer regulation hat. Three (3) regulation ties. Six (6) winter and six (6) summer permanent press regulation shirts. Four (4) pairs of regulation trousers. One (1) winter and one (1) summer regulation jacket. One (1) raincoat, reversible, consisting of a black side and a rev. erse side of a reflective International Orange. Two (2) regulation hat covers. Two (2) pairs of regulation winter gloves. One (1) regulation pants belt. Section 2. Upon submission of receipts by a plain clothes officer, the City will reimburse the officer for the actual cost of clothing up to six hundred ($600.00) per year of assignment and the City shall pay for cleaning of uniforms or plain. clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and fifty dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. 17 Section 4. Replacement: ao Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE TNE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPL 0 YMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLA SSlFICA TION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. 18 ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition ~General Rules ao The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than atotal of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurri.ng on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step3 of Section 2 of this Article XXVl in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. do The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. 19 Steps of the grievance procedure may be waived by mutual consent of the parties. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. Step 3. Agrievance not adjusted by the Chief at Step 2maybe submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. Step4. Agrievance not adjusted at Step3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (S) working days of the completion of Step 3 or within fifteen (1 5) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. eo Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (1 5) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. 20 Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1)name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and reg~lations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. bo The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommenda- tion will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. Go A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 21 ARTICLE XXVll EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1997, and shall continue through June 30, 2000. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSA T/ON Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2.. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three percent (3%) at the beginning of the first fiscal year covered by this agreement; by three percent (3%) at the beginning of the second fiscal year covered by this agreement; and by three percent (3%) at the beginning of the third fiscal year covered by this agreement. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from dal:e of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Lon~evitv Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years 9300.00 10 years 9450.00 15 years 9600.00 20 years 9750.00 22 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. Section 4. Watch Differential. In the first year of this agreement, officers working the 3 to 11 watch on a regular basis will receive twenty (20) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive thirty-five (35) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. In the second year of this Agreement, officers working the 3 to 11 watch on a regular basis will receive twenty-five (25) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to7watch on aregular basis will receive forty (40) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chan.qes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. 23 Section 7. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures.. BY: CITY OF IOWA CITY MA~)R L/ POLICE LABOR RELATIONS ./~ANIZATION OF IOWA CITY PRESIDENT BY: Date: 40-01 POLICE OFFICER PAYPLAN ATTACHMENT A STEP1 STEP 2 12 mo. STEP 3 18 mo. STEP4 36 mo. STEP 5 54 mo. FY98 (June 28, 1997) $13.40 $1,072.00 $27,872.OO $13.74 $1,099.20 $28,579.2O $16.48 $1,318.40 $34,278.4O $18.06 $1,444.80 $37,564.8O $19.43 $1,554.40 $40,414.40 FY99 (June 27, 1998) $13.80 $1,104.00 $28,7O4.OO $14.15 $1,132.00 $29,432.00 $16.97 $1,357.60 $35,297.60 $18.60 $1,488.OO $38,688.00 $20.01 $1,600.80 $41,620.80 FYO0 (June 26,1999) $14.21 $1,136.80 $29,556.80 $14.57 $1,165.60 $30,305.60 $17.48 $1,398.40 $36,358.40 $19.16 $1,532.80 $39,852.80 $20.61 $1,648.80 $42,868.80 PPLAN.XLS SIDE LETTER OF AGREEMENT BETWEEN SITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF ~OWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage. provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge ~ncentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $$00 (pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance aDuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. Date: JT,~,~'Y J~I OWA C I TY, ~A_.WA . CITY MANAGER POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY CIVIC CEI'qI'ER 410 E. WASHINGTON ST. OWA IOWA CITY, IOWA 52240 C-Y [319] 356-5CE~ April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, ~ ,/ ~ ,,~ Michael E. GoldbergS' President, PLRO- IC bj3/9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: One routine annual physical examination in a doctor's office or clinic Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient · Semi-private room and board · Necessary services and supplies · Operating rooms, intensive care, coronary and burn care units · Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor · Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 · Home and office vists · One routine annual physical exam · Pre-natal and post-natal care in physician's office · Immunizations · Hospital visits and nursing faci 1 i ty vi s its Outpatient · Surgery · Diagnositc x-ray and laboratory services · Accident care HOME HEALTH CARE 90/10 NERVOUS AND MENTAL 90/10 Outpatient- 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 · Unlimited Room and Board · Services and supplies . Services provided by a Registered Nurse · Services prescribed by a physician THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These',othew services are subject to a $100 contract deductible per calendar year . Prescriptions Nursing Services · Anesthetics . Private-duty nursing services · Blood plasma · Casts Ambulance · Crutches . Air · Durable medical equipment . Ground . .Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT · Hospital - The Subscriber is responsible for the first two days of semi- private room and board. · .... -. --.~ ....= .....~.~-. ~ Per Hospital Admission. · Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA SO0 coverage pays the remaining 90%. . Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays lO0~ of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co-payment until the $10,000 Lifetime Maximum is met. Co-payment for outpatient Nervous and !~ental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used, tcraard satisfying the next calendar year's deductible. I ~ 2 day 90%/10°/. $100 deducible deducbl:de $umm ry of B nefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 80% of the dentists in Iowa participate in the Delta Dental program. Del~a Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a "medical necessity" provision which ensures coverage for dental ~ervices provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims-handling chores for you and your employees -- and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and rnaxi; mum payment allowances for covered services. These benef'rts are combined to meet your needs: Preventive Mmint~nmn~e benefit includes: ® Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. · Teeth cleaning once even/six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). ® Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. e Cast restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. M-0112-.A Z*'~4 2M D~t~ Dertry; Plan of ~ Delt~ Dental Plan of iowa RATE OUOTATION PLAN II Program Benefits ~ Preventive Maintenance [~ Routine Restorative [~ Major Restorative [] Dental Prosthetics I-I Periodontics [] Orthodontics l-'1 Dependents to age Deduotible Single/Family (Annual) $ $ 25/75 $ $ $ Copayment - % 50 % 50 % % _% % [] Full-time students [] Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics Program Rates* Single $ per month Family $ .... per month M.O111 3/~4 2M These rates guaranteed for 12 , months beginning on 7-1-85 (~te) if purchased by 7-1-85 [date) 'Rates quoted here are based upon census information provided and acquiring and maintaining a minimum enrollment of 90°- of total eligible employees for the duration of the contract. This is a general desdription of coverage. It is not a statement of contract. Actual coverage is subjec~ to the terms and conditions specified in the contract itself and enrollment reg~Jlations in force when the contract becomes effective. Delta Dental Plan of MEMORANDUM OF AGREEMENT October 2, 1990 WHEREAS, the City of Iowa CRy and the Police Labor Relations Organization of Iowa City have had a dispute concerning the proper Interpretation of certain provislone of their collective bargaining agreement. specifYally Article XVll, Section 3; and WHEREAS, the padJ~s desire to resolve their dispute by mutual agreement and without the necessity of arbitration; IT IS THEREFORE AGREED as follows: The phrase "due regard for seniority' In Article XVll, ,?~--tion 3, shall be Interpreted to have the same meaning a~ in Article XVll, Section 1, that is, the decision to make Involuntary transfers shall be based on seniority provided, however, the Chief may make a transfer decision based on one or more of the foaowlng criteria: The ability and experience of the officer(s), 'The nature and type of work to be performed on the watch, The need for personnel having certain qualifications on said watch. when necessitated by departmental needs as determined by the Chief. Kevin O. Prestegard President, Police Labor Relations Organization of Iowa City AUG ~3 1991 AUG Date Date SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall. be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall otherwise apply prospectively only to situations' arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this / / day of /~ ? ~--- , 1993. City of Iowa City, Iowa Police Labor Relations Organization By: mgr\asst\court.agt Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 97-214 RESOLUTION OF INTENT TO CALL A SPECIAL ELECTION WHEREAS, the City Council of Iowa City has resolved that it is in the City's best interest to pursue construction of a multi-purpose project on Parcel 64-1a, the last urban renewal parcel; and WHEREAS, this project will consist of an expansion of the public library, a cultural center, and a private development component; and WHEREAS, the library and cultural center, as public facilities, will require the City to contract indebtedness and issue general obligation bonds to provide funds to pay the cost of this general corporate purpose; and WHEREAS, Section 384.26 of the Code of Iowa, provides that before the Council of a city may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special City election to vote upon the proposition of issuing said bonds in accordance with the provision of said statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council will call for a special election to be held no later than the 3rd day of November, 1998, at which election there shall be submitted to the qualified electors of said City the question of whether the City of Iowa City should issue bonds for the purpose of constructing and equipping a multi-purpose cultural center including an expanded public library; a 500-seat auditorium; gallery and exhibit space; and a 100-space parking garage. Passed and approved this 17th day of June ,1997. ATTEST:_z:~~ CITY CLERK ppdadmin\64-1ares.doc MAYOR~;~'~(~.,~' ~~ City Attorney's Office Resolution No. 97-214 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubb.y AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Res. No. The meeting"~as called to order by the followingC0uncil Members were present: for, and on roll call Absent: The City Council then to discuss the matt~ calling a special city election. Council Member "RESOLUTION CALLING A Member and the vote was, AL CITY ELE( secor the following Resolution entitled and moved its adoption. Council ed the motion to adopt. The roll was called AYES: NAYS: Whereupon, the Mayor declared the f( :esolution duly adopted: Prepared by: Karin Franklin, ector, Planning & Community Developmt., 410 E. Washington St., City, IA 522z~0 (319) 356-5232 RESOLUTION NO. CALLING A SPECIAL CITY EL WHEREAS, the City obligation bonds to hereinafter described; Iowa City, Iowa, proposes to vide funds to pay costs of a g and issue general corporate purpose project WHEREAS, Section ~f the City Code of Iowa City may institute proceedin for the issuance of b shall call a special City to vote upon accordance with the provisions said statute; that before the Council of a for a general corporate purpose, it proposition of issuing said bonds in WHEREAS, neither the proposal for ~e other proposal incorporating any of the City for a period of more than provided; and of the bonds hereinafter set forth, nor any or will have been submitted to the electors prior to the date of election hereinafter WHEREAS, the Iowa City Press-Citizen the Code of Iowa, and is published in gal newspaper, as defined by Section 618.3 of and of general circulation therein; NOW, THEREFORE, BE IT RESOLV IOWA: BY THE 'Y COUNCIL OF THE CITY OF IOWA CITY, Section 1. That there is of November, 1997, at which City the following question, called a there shall be City election on Tuesday, the 4th day to the qualified electors of said "Shall the City of City, Iowa, issue its bonds amount not exceeding the amount of ~; O00 for the purpose of ructing and equipping a multi-purpose c tural center including an expanded blic library; a 500-seat performance ; gallery and exhibit space; an, a 100-space parking garage?" Section 2. the voting place or places for said shall be opened closed shall be as set out in the notice of prepared and )roved by the County Commissioner of Elections. and the hours the polls ction, said notice to be 3. That the form of ballot to be used at said election De printed on colored paper othe~ white, substantially in the form set forth in the notice election. That said notice she show the names of all candidates or nominees and the office ;ach seeks, if any, and if m than one public measure shall be submitted to the electors at time of the said all such measures shall be printed upon one ballot. solution No. 2 ;ection 4. That the Election Board for the voting precinct a by the County Commissioner of Eleotions, not less than of said eh a certified copy of which appointment shall be off office of Clerk of said City. precincts shall be days before the date placed on file in the Section That the Auditor of Johnson County, Iowa, the County Commissioner of Elections, is h directed to publish the notice of electi, once in the Iowa Press-Citizen, a legal news as defined by Section 618.3 of the C of Iowa, published in said City and of general therein, said publication to be less than four clear days nor more than twenty days to the date of said election. Section 6. That County Commissioner o shall cause to be prepared all such ballots and election isters and other suppli ; as may be necessary for the proper and legal conduct of said and the Clerk of sa City is hereby authorized and directed to cooperate with said loner of Election.~ to do and prepare all of the necessary proceedings in order to make fid election lec and valid. Section 7. That the hereby to file a certified copy of this resolution in the office of the County Elections, which filing shall also constitute the "written notice" to the County of Elections of the election date required to be given by the governing body under t ~rovisions of Chapter 47 of the Code of Iowa. Passed and approved this , 1997. ATTEST: CITY CLERK ty Attorney's Office It was moved by adopted, and upo and seconded by roll call there were: NAYS: ABSENT: the Resolution be pp, Kubb~ Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5025 RESOLUTION NO. 97-215 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKING SYSTEMS DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING FOUR PART-TIME CASHIER POSITIONS. WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1 997, authorized permanent positions in the Parking Systems Division of the Parking and Transit Department for FY98; and WHEREAS, Council has approved the conversion of the Linn Street Parking Lot from permit/metered parking to an attendant controlled lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Parking Systems Division of the Parking and Transit Department be amended by the addition of four Part-time (75%) Cashier positions, AFSCME, Grade 2. Passed and approved this 17th day of June , 1 997. ATTEST: /,~.,¢~ CIT'~,~.-CLERK MAYOR(, ¢...~roved by City Attorney's Office It was moved by Lehman 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 humanrel\parking.res