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Home My WebLink About1995-06-27 ResolutionRESOLUTION NO, 95-134 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 - 120 E. Burlington Street Fraternal Order of Eagles - 225 Hwy. 1S.W. Soho'~ - 1210-1212 Highland Court It was moved by Novick and seconded by as read be adopted, and upon roll call therewere: Throgmorton that the Resolution AYES: NAYS: ABSENT: x x x , )~ X Baker Horowitz Kubby Lehman Novick Pigott Throgmor~on Passed and approved this 27th day of ClT~--CLERK June ,19 95 \dancep[m.res RESOLUTION NO. 95-135 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 be and he/she is hereby directed to issue a permit to the following- named persons and firms to sell cigarettes: SEE ATTACHED LIST It was moved by Novick and seconded by adopted, and upon roll call there were: Throgmorton the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby ___3__ Lehman Novick Pigott __ Throgmorton Passed and approved this ?7th day of ,19 95...., ATTEST: ~ ~.. ~ CITYCLERK clerk\cigpermt,res AYOR Approved by ~ney's Offi~ DOING BUSINESS AS APPLICANTS NAME PURPOSE ROY L. CHOPEK POST #17 ROY L. CHOPEK POST #17 CIGARETTE PF.~MITS PRINTED : 20-APR-95 PAGE: I LICENSE 85 00104 93 00012 86 00025 85 00074 87 00019 86 00021 94 00006 STICKER # 04657 V O~Lg~ 04656 V o~1q 04649 C 0~l~. 04650 C OZSZO 04651 C oz~tJ 04652 C oZS~Z 04653 C ~3 6~GAL VENDING ~NER THE LOHAUS & LARSON INVESTMENT COMPANY A~E~ICANLEGION, ~/;(MERICAN LEGION, ~TIF LTD CA~ST~~58 BRANDED MARKETING INC i~IAL LANES L CORP DS Y RANDALL'S INTERNATIONAL INC ~ DA~S MUSTANG MARKET ~SS PETROLEUM COMPANY OF IOWA CITY , ~S FOXHEAD TAVERN L/ALBERHASKY DAVID L 85 00003 95 00005 86 00001 86 00022 85 00023 04654 04676 ¢ o~.~z&., 04655 C o~3Z~ 04677 VENDING · ~MART b/DELI MART INC 85 00092 87 00013 04658 V o~Zg~_ 04678 C~eF~&%. EL MART #2 MART INC L/PAUL ROZINCK 87 OOO18 92 00006 04679 04681 CIGARETTE PERMITS PRINTED : 20-APR-95 PAGE: 2 LICENSE STICKER DOING BUSINESS AS APPLICANTS NAME PURPOSE .D~ #1 85 00012 04682 ~HY-VEE FOOD STORES INC #2 85 00013 04683 u'HY-VEE FOOD STORES INC ~EGLIN UNDERGROUND THE AL VENDING RoRQUE STREET HANDIMART STROM OIL COMPLY LUCKY STORES INC EA~KcK~ FOOD CENTER #220 STORES INC ; ~ONOFOODS #473 [/ECONOFOODS #473 ,B/iL~ESSSTOP & SHIELA BOYD ~F~ STORES INC ~'FAREWAAY STORES INC 93 00001 90 00009 85 00004 85 00005 87 00010 93 00002 95 00006 04659 V 04684 04686 C oZ$o7 ; 04687 C 6~5~ "~'.-' 04680 C .~5~ C ,n¢.,3/1 "- , F~HOUSE, THE t.'HAWKEYE AMUSEMENT R~EGEG~PATRICK'S ALEHOUSE, INC. L VENDING F~TERNAL ORDER OF EAGLES, TERNAL ORDER OF EAGLES I.C. AERIE #695 I C AERIE #695 85 00073 85 00094 85 00030 04660 V O5Z%~ 04661 04688 REGAL VENDING G~COMPANY INN ~}{AWKEYE AMUSEMENT 91 00008 87 00002 04662 V 04663 V ~FASBY'S P ENTERPRISES 95 00004 G~E'S BUFFET E'S BUFFET 85 00017 04664 V_OZk~3 CIGARETTE PERMITS PRINTED : 20-APR-95 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE GI ERT S~ G~DEEN OLDIES YE AMUSEMENT AyAT WALL AND CHI HO GR~AM~U~D, THE SEMENT IS DISCOUNT IS THOMAS E & MARY ANN H HI~AL~vDER THE ENDING VNAKOPEC INC , ~TOP LOUNGE t/HILLTOP TAVERN LTD H~Y INN-IOWA CITY E AMUSEMENT FOOD STORE #1 FOOD STORES INC . Hv~_~EE F06D STORE #2 ~Y-VEE FOOD STORES INC ~/~y_vEE FOOD STORE #3 EE FOOD STORES INC /~NNOLLY'S TOBACCO BOWL J CONNOLLY LACE AMUSEMENT z/~0HN'S GROCERY, INC. JOHN'S GROCERY INC K-~ CORPORATION LICENSE # STICKER# 95 00002 ~c 90 00001 04724 V 93 00011 04689 C 91 00001 04665 85 00032 04690 C 93 00003 04666 V 85 00125 04667 V 95 00003 C 86 00011 04668 V Ozz~'i 85 00009 04691 C 85 00010 04692 C 85 00011 04693 C 91 00009 04694 C 95 00007 V 85 00054 04695 C 85 00140 04696 C CIGARETTE PERMITS PRINTED : 20-APR-95 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE TRANSPORT CO W'K, THE NDING GO #422 KRAUSE GENTLE OIL CO]{PORATION L ~ MIGHTY SHOP, INC. /~ & M MIGHTY SHOP INC L~OYALL ORDER OF MOOSE LODGE #1096 ORDER OF MOOSE LODGE #1096 E~GAL' ~ENDING 46RIES t EGAL VENDING LICENSE STICKER # 85 00135 04697 C 85 00097 04669 V o~25Cl 85 00025 04698 C 85 00045 04699 C 87 00005 04701 C 88 00005 04670 V 02290 91 00004 04671 V ~ M~.S" TAP '~EGAL VENDING 89 00004 04672 L)4~L RESTAURANT, THE HAWKEYE AMUSEMENT 85 00065 04723 u2~I~LERMART INC MILLERMART INC IW~K~ySEAMUSEMENT 'S SALOON & EATERY 90 00006 04702 C oz~$ 85 00062 04725 V o~kg~ ~EGEG~EYED JAKE'S L VENDING CO OSCO DRUG STORE ~(~SCO DRUG INC 94 00002 04727 V oA~9~ 85 00116 04703 C o~3~ OSCO DRUG STORES #2393 /AMERICAN DRUG STORES INC 94 00003 04704 C ~ pL~Au['S OF IOWA CITY 'S DISCOUNT OF IOWA CITY .P~'6~'S DRUG STORE uPF~SON'S DRUG STORE INC 85 00100 85 00048 04705 C O.Z39q 04706 C o~350 CIGARETTE PERMITS PRINTED : 20-APR-95 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE A OR BOWLING, INC. EYE AMUSEMENT LICENSE # 85 00063 STICKER 04726 V OZ2$~ POTTER'S PUB o4 ~ b=sm~c~ R~ UIiK TRIP #509 KTRIP CORPORATION QU~iKT~RI P #548 ~.5 IP CORPORATION 90 00007 04728 V o~89q 85 00019 04707 85 00021 04709 C ~35,& "' iKTRIP #552 KTRIP CORPORATION 85 00022 04710 C o~55~ v. EG'S L VENDING ~4~ANDALRA~DALL FOODS L'S STORES INC AMOCO SERVICE H ROSALIE ~GEG T~UARY RESTAURANT, THE AL 9ENDING 85 00096 85 00034 85 00137 85 00102 04729 V ozag~ 04711 C 0__5.5 I~ ~ 04712 C o~55% 04730 V oZ~oD SE~AToN'S CASH & CARRY MARKET N CLYDE R 85 00036 04713 iN CLAIR RETAIL STATION & CONV STORE #14005 CLAIR MAKETING INC 85 00126 04674 C oZS~ ~tNCLAIR SERVICE STATION & CONV STORE #14025 INCLAIR MARKETING INC 85 00127 04675 C 0Z$$~ CRAWl{EYE AMUSEMENT' , S/P~TS COLUMN CORP. C/REGAL VENDING iLSET HANDIMART LIAM D & DAVID V NORDSTROM 93 85 93 00009 00105 00008 04731 V CZ3ol 04732 V oA~Ok 04685 C OZ3/~ CIGARETTE PERMITS PRINTED : 20-APR-95 PAGE: 6 DOING BUSINESS AS APPLICANTS NAME PURPOSE MINI M3uRT T~D COAST t~ALLYN M ELKIN & BENJAMIN A ELKIN TO~EST AMOCO SERVICE INC ~-TOWNCREST AMOCO SERVICE INC T/u~KK' S PLACE ER JAMES J U~EYE AMUSEMENT COMPANY R~EGAE TAVERN, THE L VENDING V~GAL~s VENDING V/iTToOSH STANDARD SH RICHARD WAL- T #1721 WA~T STORES INC W~t~GREENS ~/~ALGREEN COMPANY WARE~CO ~ARE & MCDONALD OIL COMPANY -WATT' S FOOD MARK~Zl~ WATT CLARISSA ~.S WIG & PEN PIZZA PUB GFP INC LICENSE # 85 00085 --9~. 80005-- 92 00002 91 00011 85 00042 93 00013 85 00109 89 00012 85 00114 92 00012 85 00029 85 00016 93 00005 STICKER 04714 C 04673 C o4715 c 04716 C 04734 V 04735 V 04736 V 04717 C 04719 C 04718 C 04720 C 047~2-1 C 04722 C TOTAL CIGARETTE PERMITS: 94 RESOLUTION NO. 95-136 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE IOWA CITY SENIOR CENTER MASONRY RESTORATION PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 8th day of July, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection· Passed and approved this 27th day of June ,1995. ATTEST: .~~ ~ "~'~,~.~ CITY' CLERK YOR ity A t~by ffic~'e-I ~J It was moved by Nov±rk and seconded by adopted, and tipon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-137 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT, DIRECTING CITY' CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CiTY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public headng on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 lth day of July, 1995 at 6:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in the newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the cor,~truction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of CITY CLERK 'City Attd~ey's Office It was moved by .~,~,~r~ and seconded by Resolution be adopted, and upon roll call there were: Throgmorton the AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby X Lehman Novick Pigott Throgmorton pweng~g~ngl~v. res RESOLUTION NO. 95-138 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTEACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW AREA SANITARY SEWER REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the ~'lans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 lth day of July, 1995 at 6:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in the newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of Ju~e ,19 95 ~HTY CLERK Ai~mB,~y ~, - ~-~ ey's Office It was moved by ~,,ov~ o~ and seconded by · Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoff Throgmorton RESOLUTION NO. 95-139 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 lth day of July, 1995, at 6:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of ATTEST: ,,~~ ,~. '"'~ CITY'CLERK June , 1995. ice It was moved by Nov±ck and seconded by adopted, and upon roll call there were: ThroRmorton AYES: NAYS: ABSENT: X X x x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RESOLUTION NO. 95-140 RESOLUTION OF INTENT TO CONVEY CITyoOWNED PROPERTY AT 1109 FIFTH AVENUE TO A QUALIFIED BUYER AND SETTING A PUBLIC HEARING THEREON. WHEREAS, the City of Iowa City purchased a lot at 1109 Fifth Avenue and is constructing a modular home with the intent to sell the property as an affordable home pursuant to CITY STEPS, Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low-Income Residents; and WHEREAS,in conjunction with its intent to sell said property, the City advertised for income- eligible homebuyers; and WHEREAS, upon review of applications submitted to the City, an income-eligible homebuyer has been selected to purchase the property, subject to approval by a local lending institution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following property to a qualified buyer: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of ,Johnson County, Iowa Also described as follows: Commencing at the Nodheast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SO0 07'46"E, along the East line of said Lot 1,87.57 feet, to the Point of Beginning; Thence continuing SO0 07'46"E, along said East line 62.00 feet; Thence S89 53"i2"E, 39.94 feet; Thence S00 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. BE IT FURTHER RESOLVED THAT a public hearing on said proposal he set for July 18, 1995 at 7:30 p.m. in the Council Chambers of the Civic Center located in Iowa City, Iowa and the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 27th day of June ,1995. ATTEST: CITY' CLERK ~11~$th.ms ~3ity"At~h~y's Office Raeolufion No. 95-140 Paga 2 It was moved by _ NQV:[ek and seconded by adopted, and upon roll call there were: Th~qF~mnr~on · AYES: NAYS: ABSENT: Baker ~ Horowitz Kubby x Lehman ~ Novick ..... Pigott Throgmorton the Resolution be RESOLUTION NO. 95-141 RESOLUTION OF INTENT TO CONVEY CITY-OWNED PROPERTY AT 451 RUNDELL STREET TO A QUALIFIED BUYER AND BETTING A PUBLIC HEARING THEREON. WHEREAS, the City of Iowa City moved a house to City-owned property at 451 Rundell Street and rehabilitated the house with the intent to sell the property as an affordable home pursuant to CITY STEPS, Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low- Income Residents; and WHEREAS, the City holds this property under the provisions of the Resale Agreement entered into on September 11, 1992, by and between the City of Iowa City and John and Sally Callahan; and WHEREAS,in conjunction with its intent to resell said property under the Resale Agreement, the City advertised for income-eligible homebuyers; and WHEREAS, upon review of applications submitted to the City, an income-eligible homebuyer has been selected to purchase the property, subject to approval by a local lending institution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following property to a qualified buyer: All that portion of the vacated Grant Court right-of-way lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains O. 17 acres BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for July 18, 1995 at 7:30 p.m. in the Council Chambers of the Civic Center located in Iowa City, Iowa and the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 27th day of June ,1995. ATTEST: ~ CITY-CLERK ppdcdbg~451 int.res Resolution No. 95-141 Page 2 It was moved by Novick and seconded by _Throgmorton adopted, and upon rol~ call there were: the Resolution be · AYES: NAYS: ABSENT: X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-142 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CiTY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOP- MENT 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 $69,600 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, the Greater Iowa City Housing Fellowship, 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 (95-ES-015) funding, a copy of which is on file in the City Clerk's office, is hereby approved as to form and content. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Emergency Grants Program funding. Passed and approved this 27th day of .]iiT3~ , 1995. A~-FEST:cl C~ERK ~' App r//°,°~_~Y, _A Cit~, Attor/aj~y's Office It was moved by Nov~ ~-~ and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution X X X jccoghsVesolutn~agt-ided.res Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-143 WHER which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and ,.. WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter and related assistance to homeless individuals; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, the Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Emergency Housing Program's funding Agreement incorporates the Agreement bebNeen the City and the Iowa State Department of Economic Development (95-ES-015), approved by the City Council. 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 of the Emergency Housing Project, a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. The Mayor is hereby authorized to e;:~cute and the City Clerk to attest the Emergency Shelter Grants Program Agreement for the Emergency Housing Project. Passed and approved this 27th day of June , 1995. ATTEST:/~~~. CITY CLERK jccoghskesolutn~,ehp.esg {..',. f, :., Resolution No. 95-143 Page 2 and seconded by Throgmorton It wasmoved by Novick adopted, and upon rol~calltherewere: · AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RESOLUTION NO. 95-144 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST 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 for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Domestic Violence Intervention Program is an agency which provides emergency shelter and related assistance to those who are homeless because of domestic violence; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, the Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Domestic Violence Intervention Program's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (95-ES- 015), approved by the City Council. 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 of the Domestic Violence Intervention Program, a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention Program. Passed and approved this 27th day of June , 1995. CITY CLERK ~y's Office jccoghsVesolutn\dvip.esg Raaolution No. 95-144 Page 2 it was moved by Nov±ck and seconded by adopted, and upon rol~ call there were: ?hromaorton _the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-145 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. VVHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, Youth Homes, Inc. is an agency which provides emergency shelter and related assistance to homeless youth; and WHEREAS, the Iowa State Depadment of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, the Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Youth Homes, Inc.'s funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (95-ES-015), approved by the City Council. 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 of Youth Homes, Inc., a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency Shelter Grants Program Agreement for Youth Homes, Inc. Passed and approved this 27rh day of J.ne , 1995. CITY CLERK jccoghs~'esolutn\yhi.esg Raaolutlon No. 95-145 ~ Page 2 ~": ; -F'-: and seconded by Throgmorton It wasmoved by Novick adopted, and upon rol~calltherewere: · AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton l:. RESOLUTION NO. 95-146 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE GREATER IOWA CITY HOUSING FELLOWSHIP FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHO- RIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST 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 for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, tile Greater Iowa City Housing Fellowship is an agency which provides shelter and related assistance to those who are homeless; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, the Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Greater Iowa City Housing Fellowship's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (95-ES- 015), approved by the City Council. 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 of the Greater Iowa City Housing Fellowship a copy of which is on file in the City Clerk's Office, is hereby approved as to form and content. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa Emergency Shelter Grants Program Agreement for the Greater Iowa City Housing Fellowship. Passed and approved this 27t:h day of .~,,~. , 1995. CITY-CLERK jccoghsVesolutn~gich f. esg Resolution No. 95-146 Page 2 It was moved by }TOV~Lck and seconded by _ adopted, and upon rol~ call there were: Throgmorton the Resolution be · AYES: NAYS: ABSENT: X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-147 RESOLUTION AUTHORIZING EXECUTION OFAN AMENDATORY AGREEMENT TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO TOTAL DEVELOPMENT COST FOR PUBLIC HOUSING PROJECT NO. IAOSP022008. WHEREAS, the City of Iowa City, Iowa (the "Local Authority") proposes to enter into an Amendatory Agreement which revises the contract (the "Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Section 1. The Amendatory Agreement in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Agreement in five copies on behalf of the Local Authority, end the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms are used in this Resolution, the terms shall be construed, and are intended to have the following meanings, unless the context shall indicate another or different meaning or intent: (1) The term "Resolution" shall mean this Resolution. 12) All other terms used in this Resolution and which are defined in the Annual Contribu- tions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4.. This Resolution shall take effect immediately. Passed and approved this 27th CIT?' CLERK hisassBamdl 5acc.res day of June , 1995. Cify Attorne~-O-ffice '-.. Resolution.No. 95-147 ~..~.~: Page 2 ' '~ ~',,:'::' Thro~morton It was moved by Novick and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: the Resolution be x Baker x Horowitz -Lr--- __. Kubby _.g___ Lehman x __. Novick X' __ Pigott x Throgmo~on Increase Development Grant u.s. Department of Housing Amendment to Consolidated Annual Contributions Contract 2. Ameudmenl to Annual ContHbutioos Contract Number KC-9166 dated October 18, 1985 (tile Contract). 3. Tim Contract Is amended to provide a grant of additional fuads for d~,elopmcnt of tire ProJoeL This amendment Is part of the Contract, Undc~ Arereal Conidbtdlons Conh~ct Ameod- meet Number ~ HUD agrccd to provhlc (Ioaa~ and anmml contrlbntloas) (grants) for a Pro- Jcct with a M~hnum 'lb~l Development Cost ,1,842,900.00 which Is thsufflclcnt for complc~on of tim Project. 4. Tbc following provisions shEI be applicable to the provi- sion of a grant for addiltanE funds Er file Project: a. Date of Development Grant Amendment R~c~on: September 27, 1993 b. ~velopm~nt Mct~o~ and yousl~g '~c. Detached uonVe~0~8//RaW c. Prior Number of Unl~ ~0 d. New Number of Unl~ ~0 c. Prior Maximum ~lal Dcvclopment Cost: - $1,842,900.00 [. Dgvclopn~eat Grant Amendment Augertry: ~ I32,330.00 g. ew Maximum ~1 ~1,975,Z30.00 D~elopalcut Cost: 5. The New Mnximum ~tsl Dcvclopmest Cost of tim Prelect Is s(:1 fi.'th lu Section 4. g. of this amen(hneut. The PHA ~b~l coinplate the development of tim PmJcct at the lowest po~lble d~'cloputcnt cost withlu tim appwvcd D~,cloplucnt Cost Budget and In no cvcut In ~c~ of~c s~tcd New Ms.mum '~/al Dcvclopmcut Cost for ~c Project. 6. SubJcct to lha provisions of ~rt order to n~lst completion of d~cloplncnt of the Project. HUD agrccs k) disburse to the PHA, from thee to time as nccdcd, up to the amouot of the Maxtatum Gras( Commitment. The and Urban Development ~ Oilice el Pnblic and Indian Housing q 19 Lower Income Public Housing AMENDMENT NO. 15 lmum Grant Commitment sitall be equal to the difference bc- t~veen the Prior Maximum Total Development Cost and the New Maximum Total Development Cost, aa stated In Section 4, or the difference between tile Prior Maximum TOtal Development Cost and tile approved Actual Developstunt Cost or the Project. 7. After Inclusion In an audit and HUD approval of the Ac- tual Development Cost Certificate {In accordance with $cctlou 405 of Part II of the Contract), a copy of the Actual Develop- meet Cost Ccrtllleatc sitall be attached to this amendment aml nilall be deemed to further amend the Conb'act, where ncce.ssary, to reduce the amount of grant authority for tbc Pro- Ject to an urnoust equal to tbc difference between tim Prior Maximum Total Development Coat and the approvcd Actual · Development Cost for the Project. In no case shall the approved Actual Development Cost Ccrtlllcate amount exceed the New Maximum Total Development Cost stated In Section 4.g. of fids amcndmenL 8. Tile PIIA sitall coollnue to opcrglc the Development Great Project as lower income hoesing ia compliance with this Con- Iracl, the Acl and all tlUD regulations and requirerecurs for a period of forty years beginning on the Date of Full Availabiliiy of Ihe Developercut Grant Project: provided, however, that the provisions of Sealion 308(B) and (C) of the Contract shall remain ia effect for so 1oug as HUD determines tberc is any ontsianding indebtedness of the PHA to tlUD which arose bt coneaction with any project or projects under lite Cootract and which is not eligible for forgiveoess, sod provided further that, for a period of ten years following Ihe last payment of operating subsidy Io Ihe PHA, no disposilion of IIm Grant Project sball occur unless approved by HUD. 9. I[ rite PIiA does not comply with any of Its obligations under this amendrecur. IiUD may direct ti~e PtlA to terminate all flirther development activities. In sueif case. the PIIA shall onty thcur additional coals with HUD approval. 10. The PIIA shall exccule and file for record a Declaration of 'lYust as provided under Sectlint 420{B) of the Con~mt to pro- teat the righis and letorests of HUD throughout the forty-year period dnfing which the PI1A is obligated to operate the Development Grant Projec~ in accordance wilh the Coreracts, the Act and I'IUD mgulatiorm and rcqukcmeals. Tile parlies have caused IlsIs aincndment to be cffcctlvc as of the date of execution on behalf of tile United States, as stated below. (SEAL} Attest: IOWA CITY HOUSING AUTHORITY City of Iowa City By [ ~"-' tChalrman,~ Date SUSAN H, HOR0~ITZ, NAYOR UNITED BTAT~ OF AME~CA Sccrctary of Housing and Urban Development By__ liarl N. Hamblin, Director, Public Housin.q Date HUD.53010-E (6-89) HB-7417.1 RESOLUTION NO. 95-148 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY AGREEMENT TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO TOTAL DEVELOPMENT COST FOR PUBLIC HOUSING PROJECT NO. IA05P022009. WHEREAS, the City of Iowa City, Iowa (the "Local Authority") proposes to enter into an Amendatory Agreement which revises the contract (the "Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Section 1. The Amendatory Agreement in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor is hereby authorized and directed to execute said Agreement in five copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms are used in this Resolution, the terms shall be construed, and are intended to have the following meanings, unless the context shall indicate another or different meaning or intent: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contribu- tions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. Passed and approved this 27th day of ,Tune ,1995. CIT'~-CLERK hisasst\amdl 4acc.res Raaolutlon No. 95-148 Page 2 It was moved by Novick and seconded by adopted, and upon rol~ call there were: Thro~morton the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton U.S. Department of Housing and Urban Development Iowa State Office, Gmat Plains Region Federal Building 210 Walnut Street, Room 239 Des Moines, Iowa 50309-2155 July 17, 1995 Mr. Doug Boothroy Acting Housing Administrator Iowa City Housing Authority Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Boothroy: SUBJECT: Increase of Development Project Grant Amendment No. 14 to the Consolidated Annual Contributions Contract No. KC-9158, Project No. IA05P022009 Legal Technician, We are pleased to transmit herewith one fully executed amendment to the Consolidated Annual Contributions Contract dated July 17, 1995, which increases the total development cost to $1,261,811.00. Please forward the hard copies of the documents regarding the special meeting. If you should have any questions, please call 5ynette Shrum, at 515-284-4938. Sincerely, Chief Attorney Enclosures Increase Development Grant Amendment to Consolidated Annual Contributions Contract U.S. Department of Housing and Urban Development ~ Oilice el Public and Indian Housing q r Lower Income Public Housing AHENDMENT NO. 14 1. Prolect.Number: IAOSP022009 2. Amendment to Annual Confflbutions Contract Number KC-9166 dated October 18, 1985 (the Contract), 3. Tile Contract Is amended ta provide a grant of addlUonal funds for development of the Project. Tills amendment is part of the Contract. Under At~ual Can~buUons Contract Amend. mant Number HUD agreed to provide {loans and annual contributions) (grailis} for a Pro- Jcct with a Maximum Toial Development Cost off s 1,178,550.00 which Is Insufficient for corn. plOUGh of the Project. 4. Tile following provisions shall be applicable to tile previ- aloll eta grant for additional funds for the Project: a. Date of Development Grant Anlcndmest lteservation: September 27, 1993 b. Development Method and Housing 'PJI~ Detached Conventional/New Construction . c. Pdor Number of Units 13 d. New Number of Units 13 c. Prior Maxbriton 3blal Development Cost: $1,178,550.00 f. Dcvclonmcnt Orant Ai.ncndmcnt Authority: $ -83,261.00 g. New Maxhnum 'lbtal Developmant Cost: $1,261,811.00 5. The Hew Maximum qbisl Development Cust of the Project is set forfit hl Section 4. g. of this amendment. The PHA allall complete the development of the Project at the lowest po.,mlblc development cost within file approved Development Cost Budget and hl no event lit excess of tile stated New Maximum 'lbtal Development Cost for lite Project. 6. Subject to the provisions of Rtrt n of Illis Contract, and in order to assist completion of dcvelopmenl of the ProJect, HUD agrees to disburse to the PH^: from time to time as needed, up to the amount of the Maxlnmm Grant Commllment. The Max- lmum Grant Commlbnent shall be equal [o file difference be- tween the Prior Maximum Total Development Cost and the New Maximum Total Development Cost, a$ stated in SecUou 4, or the difference between the Prior Maximum Total Development Cost and the approved Actual Development Cost of Um Project. ?. After Inclusion in an audit and HUD approval of the tual Development Cost Certlllcate {in aeesrdanee with Section 405 of Part II of the Contract), a copy of file Actual Develop- mest Cost Certificate allall be attached to fitis amcndment and shall bc deemed to fur{her amend the Cantrant. whom necessary, to reduce the amount of grant authority for the Pro- Ject to an amount equal to file difference between the Prior Maximum Total Development Cost and the approved Actual · Development Cost for the PraJecL In no case shall tile approved Actual Development Cost Certificate amount exceed Lhe New Maximum Total Development Cost stated in Sectloll 4.g. of this amendment. 8, The PHA sitall continue Io opargte the Developmeet Grant Project as lower income housing in compliance with this Con- tract, the Act and all HUD regulations and reqoiremesis for a period of forty years beginning on the Date of Pull Availability of tile Development Grant Project: provided, however, that the provisions of Section 308(B) and (C) of lite Contract shall reslain in effect for so long as HUD determines tilere is any outstanding indebtedness of tile PHA to 14UD which arose in couoecfion with any project or projects trader the Contract and which is nol eligible for forgiveness, and provided furtiler thai, for a period of ten years following the last payment of operaling subsidy to the PHA, no disposition of the Grant Project sitall occur unless approved by HUD. 9. If the PHA does not comply with any of ILs obligations under this amendment, HUD may direct the PHA to terminate all further development acUvltles. In sueb ease, the PIIA shall only incur additional costs wRh HUD approval. 10. The PIiA shrill execute and file for reesrd a Declaration of T~ast as provided under SecUon 420[B) of tile Contract to pro. tent the rights and interests of HUD throughout lite forty*year pedod during which tile PHA is obligeted to oilerate the Development Grant lYe jeer in accordancc with the Contracts, the Act and HUD rcgulatians and requirements. Tile parties have caused fills amendment to be effective as of the date of execution on behalf of the United State.°., as stated below, · (SEAL) Attent: Iowa City Housing Authority Date J~,x~- 2% Nq5 SUSAN M. HOROWITZ, MAYOR UNITED STATES OF AMEHICA ~/Harl M. Hamblfn, Director, Public Housing HB4417.1 RESOLUTION NO. 95-149 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND PERPETUAL SAVINGS BANK, FSB FOR PROPERTY LOCATED AT 1807 G STREET. WHEREAS, the City of Iowa City, Iowa (the City) is the owner and holder of a certain Rehabilitation Life Lien executed by the owner of 1807 G Street on January 10, 1992, and recorded January 10, 1992, in Book 1315, Page 85 in the Johnson County Recorder's Office covering the following-described real estate: Lot Four (4) in Block Forty-Three (43), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, and WHEREAS, said Rehabilitation Life Lien is a lien in the amount of $5,966.52 against the subject property, and WHEREAS, Perpetual Savings Bank, FSB, Iowa City, Johnson County, Iowa, has agreed to loan the sum of $20,000 on a promissory note to be executed by the owner of 1807 G Street and secured by a first mortgage upon the real estate described above, and WHEREAS, Perpetual Savings Bank, FSB has requested that the City execute the attached subordination agreement, thereby making said rehabilitation lien held by the City subordinate to a mortgage of Perpetual Savings Bank, FSB, and WHEREAS, there is sufficient value in the above-described real estate to secure said Rehabilitation Life Loan 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, Iowa and Perpetual Savings Bank, FSB of Iowa City, Johnson County, Iowa. Passed and approved this 27th day of June , 1 995. ATTEST: ClTY'~LERK Resolutlon No. 95-149 Page 2 Throgmorton It was moved by Novick _ and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: the Resolution he X Baker __3_.- Horowitz ~, _ ~ Kubby X Lehman .x _ Novick X Pigott x Throgmorton SUBORDINA'RON AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and PF.~PgTUAL SAVTNGS BANK. FSB of IOWA CITY herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 5,966.52 and was executed by VINCENT & BARBAI~ WILSON (herein the Owner), dated JANUARY i0 1992 , recorded .TANTI~Y ]0 , 19 92, in Book 1315 . Page ,85 , Johnson County Recorder's Office, covering the following.described real property: LOT 4, IN BLOCK 43, IN EAST IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, the Financial Institution proposes to loan the sum of $ 2o,ooo.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessa~/ 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 pares hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 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 Finandal Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. '_,8ORDINATION AGREEMENT Page 2 Binding Effect, This.agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this Z? ,'4_ day of ..J~,,~ ,19 ~5 CITY OF IOWA CITY Attest: C ty /ENNIS ~L FITZ, ~E PRESIDENT CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Iq~5 On this 27'".~. .. day of ,J~ ,1~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ,%~ v,~. ~-t~-o,~'nt~ and Marian K. Kan', 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, an.d that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinam~) (Resolution) No. e~;- / q ~/ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the ??% . day of J,..,n., ,19 %5 ,andthat .~,: -¢rl. ,qorr~o,'~;- 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 . ) ) as: JOHNSON COUNTY ) On this ~fa day of 3unf. undersigned, a Notary Public in and for SCOTT ^. MEANS and DENNIS M. , A,D. 19 ~' , before me, the the State of Iowa,. personally appeared , to me personally known, who .~ ~1ORDINATION AGREEMENT Page being by me duly sworn, dld say that they are the PRESID]~N'~ arid VICe PIL~S[DSNT , respe~ively, of said corporation executing the within and foregoing instrument to which thla Is attached, that said instrument was signed ~ on behalf of said corporation by authority of its Board of Directors; and that the said P~SZ])EaT _ and 1/TCE pRF..~Tn~'1' ~ Such Officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarfiy executed, mary t~ublm in and for th~E~tate of Iowa RESOLUTION NO. 95-150 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1025 EAST BLOOMINGTON STREET, IOWA CITY, IOWA. WHEREAS, on August 15, 1990, the property owner of 1025 E. Bloomington executed a Promissory Note in the amount of $1,335 in the form of a 5-year no-interest loan through the City's Housing Rehabilitation Program; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the balance due on the note was paid in full on May 11, 1995. 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 affected property located at 1025 East Bloomington, Iowa City, Iowa, from an obligation of the property owner to pay to the City the amount of ~ 1,335, which obligation was recorded in Book 1330 Page 36 of the Johnson County Recorder's Office. Passed and approved this 27th day of June , 1995. CIT~-CLERK It was moved by ~o,,~rl~ and seconded by adopted, and upon roll call there were: the Resolution be AYES: x x X x X NAYS: ABSENT: Baker Horowitz Kubby y.. Lehman Novick Pigott Throgmorton ppdrehab\1025eblo.res RELEASE OF LIEN The City of Iowa City does hereby release the property located at 1025 E. Bloomington Street, Iowa City, Iowa, legally described as follows: The East 5 feet of Lots 2 and 3 and the West half of Lot 4, in Block 1, in Rose Hill Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the property owner to the City of Iowa City in the principal amount of $1,335 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on February 20, 1992, in Book 1330, Page 36. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the property above by reason of said prior recorded documents. THE CITY OF IOWA CITY A'I-rEST: By: Cit;('-~lerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 27 "'~- day of -3 ~.,~,, , A.D. 19 75 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Marian K, Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the wi!hin 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 pf its City Council, as contained Resolution No.75~15o adopted by the City Council on the g?~-day ,19.~5.; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa CITY OF IOWA CITY tllq~)"l --~ h'::!.. -. .- ~ Housing,.shab,,,tion Prcg, r'' li4qntemst Loan ~; Promlsso~Nole ~ 92F=B20 PIt 3:13 Case Name: Wells Case No.: 90-27-1 ...... Case Address: !.025 East.Sloomtngt:on' Date: 8-1§-90" Iowa City, Iowa 52240 Legal Description: The East 5 feet of Lots 2 and 3 and the Nest half of Lot 4, in 8lock 1. tn Rose Bill Addition to Iowa City. Iowa. accordthe to the recorded plat thereof. In the Amount of: $ 1,335.00 For value received, the undersigned jointly and severally promise(s) to pay to the order of the City of Iowa City (hereinattar called the "Ci¥) the sum ol$ !. 335.00 . There shall be no Interest rate on the unpaid principal amount of this nolo. The principal and interest charge on this note are payable on the fi~st day of each month in 60 monthly Installments, including principal, interest commencing with the payment ol $ 22.25 on Nov. t ,19 90,andoft 22,25 thafirstdayofeachmonth tar the remaining 59 months commencing on December I ,19 90 , In lawful money o{ the United States at the offices of the Iowa State Bank and Trusl Company or at such other place as may be designated by the City. The undersigned resewe(s) the right to prepay at any time all or any part of the principal amount of this note without the payment of penalties or premiums. In the event that a payment has not been received by the Iowa Slate Bank within 10 days after It is due, 5% intereel may be charged one time on each overdue payment. In the event the undersigned shall fail to pay any Installment payment on this note when due, and ti such failure be subsisting on the date the next installment payment under this note becomes due and payable, the unpaid principal amount o! Ihis note togelhsr with accrued so.ice charges shall become due and payable, at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not consalute a waiver of such default. No default shall exist by a reason of nonpayment of any required installment of principal as long as the amount at the optional prepaylents already made pursuant heruto equals or exceeds the amount of the required installments. If this note be reduced to judgment, such judgment shall bear the statutory interest rate on judgments. U suit is instiluted by the City to recover on this note, the undersigned agree(s) to pay all costs of such collection, including reanonablo a~tomey's fees and court costs. This note Is secured by Promi sear v Note , duly tiled for record tn the Johnson County Court House, · Demand, protest and notice of demand and protest am hereby waived, and the undersigned hereby waives to the extent authorized by law any and all homestead and other exemption right which otherwise would apply to the debt evidenced by this note, IN WITNESS WHEREOF, thi9 Note has been duly executed by the undersigned, as of its date. / STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this/.,.5-//~ day of ~t ~ ... ¢..~.a-~ , A.D., 19¢ o , belprs me the undersigned, a Notary Public In and for said County, in said Slate, persona~{y appeared A'10,q/'(it'-~'"d !./,~., ,.~z ~?./.~.~'.J , to me known to be the identical persons named in and who'~xeculed the wltbn and foregoing instr~t'~nl, and acknowledged that they executed the same as their voluntary act and de.~:l, Nota~/Public in ~nd for said County My Commission expires "~)~ (/' J.- NOTARIAL SEAL !;.." 133D ~;,. 36 RESOLUTION NO. 95-151 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE CONCERNING THE SUBDIVIDER'S OBLIGATIONS UNDER THE CONDITIONAL ZONING AGREEMENT AFFECTING WILD PRAIRIE ESTATES, PARTS I & I1, IOWA CITY, IOWA WHEREAS, on June 8, 1993, the Iowa City City Council passed and approved Ordinance No. 93-3577, recorded at Book 1559, page 103, Johnson County Recorder's Office, conditionally rezoning certain real property located in Wild Prairie Estates, Parts I & I1, an addition to the City of Iowa City, Iowa; and, WHEREAS, pursuant to the above-noted ordinance, the City of Iowa City, Iowa, a municipal corporation ("City") and Kennedy-Hilgenberg Enterprises ("Subdivider"), entered into a Conditional Zoning Agreement dated June 8, 1993, and recorded in the Office of the Johnson County Recorder, Book 1559, Pages 103-112, and as subsequently amended on March 26, 1994, and recorded in the Office of the Johnson County Recorder, Book 1748, Page 279, both relating to and affecting Wild Prairie Estates, Parts I & II; and WHEREAS, the Conditional Zoning Agreements contain conditions which create potential liens and clouds upon the title of the property, and has hindered the placement of permanent financing through the secondary mortgage market; and WHEREAS, the City Engineer has certified that the conditions outlined in the above-referenced agreements have been satisfied, namely, to pay all costs associated with the subdivision development, to pay a pro rata share of the Westside Trunk Sewer upgrade, to await building permits until the upgrade is complete, and to limit the number of building permits to 52 until December 31, 1995 or the completion of the Rohret Road upgrade; and WHEREAS, the issuance of a release of the above conditions is now proper under the terms of said Conditional Zoning Agreements, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk attest the attached Final Release Regarding Conditional Zoning Agreement Requirements, releasing all lots in Wild Prairie Estates, Parts I & II, from the liens created through the above-referenced ordinance and Conditional Zoning Agreements, Resolution No. 95-151 Page 2 Throgmorton the Resolution be ,,owck and seconded by It was moved by ~' ~ adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this ??rh day of .T,,.. ,1995, Approved by // /q ~ttorney ~ce ~-ZZ-~.~ CITY-CLERK FINAL RELEASE REGARDING CONDITIONAL ZONING AGREEMENT REQUIREMENTS Date: June 27, 1995 WHEREAS, the City of Iowa City, Iowa, a municipal corporation ("City") and Kennedy- Hilgenberg Enterprises ("Subdivider"), entered into a Conditional Zoning Agreement dated June 8, 1993, and recorded in the Office.of the Johnson County Recorder, Book 1559, Pages 103-112, and as subsequently amended on March 26, 1994, and recorded in the Office of the Johnson County Recorder, Book 1748, Page 279, both relating to and affecting Wild Prairie Estates, Parts I & II; and WHEREAS, the City Engineer has certified that the conditions outlined in the above-referenced agreements have been satisfied, namely, to pay all costs associated with the subdivision development, to pay a pro rata share of the Westside Trunk Sewer upgrade, to await building permits until the upgrade is complete, and to limit the number of building permits to 52 until December 31, 1995 or the completion of the Rohret Road upgrade; and WHEREAS, the issuance of a release of the above conditions is now proper under said Conditional Zoning Agreements; and NOW THEREFORE, in furtherance of said Conditional Zoning Agreements, the City of Iowa City hereby releases the following-described property in iowa City, Johnson County, Iowa: Wild Prairie Estates, Part I & II from the liens or clouds upon the title placed thereon by the Conditional Zoning Agreement and Amended Conditional Zoning Agreement between the City and the Subdivider, which agreements are recorded in the Office of the County Recorder, Book 1559, Page 103-112, and Book 1748, Page 279, respectively, to the extent that said Agreements created liens to pay all costs associated with the subdivision development, to pay a pro rata share of the Westside Trunk Sewer upgrade, to await building permits until the upgrade is complete, and to limit the number of building permits to 52 until December 31, 1995 or the completion of the Rohret Road upgrade. This release specifically excludes any of the requirements of the Subdivider's Agreement relating to sidewalks. The City of Iowa City, Iowa Attest: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z? ~'/~ day'of .),.~ , 19 ~5 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M, Horowitz 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 by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County RESOLUTION NO. 95-152 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR WILD PRARIE ESTATES, PARTS I&11 WHEREAS, the City of Iowa City, Iowa, a municipal corp~)ration (hereinafter "the City") and Kennedy-Hilgenberg Enterprises, (hereinafter "Subdivide~") entered into a Subdivider's Agreement and Stormwater Management Easement Agreement for Wild Prade Estates Part I, Iowa City, Iowa, both dated February 1, 1994 and recorded in the Johnson County Recorder's Office on Mamh 3, 1994, in Book 1713, Page 78, et. seq.; and WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Kennedy-Hilgenberg Enterprises, (hereinafter "Subdivider") entered into a Subdivider's Agreement for Wild Prade Estates Part II, Iowa City, Iowa, dated February 1, t994 and recorded in the Johnson County Recorder's Office on March 3, 1994, in Book 1713, Page 108, et. seq.; and WHEREAS, the Subdivider's Agreements and Stormwater Management Easement Agreement for Wild Prarie Estates Pads I & II obligate Subdivider to construct a stormwater management facility to serve said subdivisions; and WHEREAS, the City does not ordinarily release a subdivider from the construction requirements relating to a stormwater management facility until the City Engineer certifies that the facility is completed; permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; and substantially all lots within the tributary area in the subdivision have been developed; and WHEREAS, in the interim, a lien remains on Wild Prarie Estates Part I & II with a cloud on the titles to all the lots in the subdivisions; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to Wild Prarie Estates, Pads I & II, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the Subdivider's Agreements and Stormwater Management Easement Agreement will continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 95-152 Page 2 It is in the public interest to execute the Partial Release Agreement for Wild Prade Estates, Pads I & II in order to protect local property values. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement, a copy of which is attached hereto. Subdivider shall record this agreement in the Johnson County Recorder's Office at their cost. Upon certification from the City Engineer that construction of the stormwater management facility has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the subdivisions have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Nov±ck and seconded by be adopted, and upon roll call there were: Throgmorton AYES: NAYS: ABSENT: X X Baker Horowitz Kubby [.ehman Novick Pigott Thmgmorton Passed and approved this 27th day of June , 1995. the Resolution PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITIES FOR WILD PRAIRIE ESTATES, PARTS I & II This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Kennedy-Hilgenberg Enterprises, Inc., an Iowa Corporation (hereinafter "Subdivider"). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that by reason of a Subdivider's Agreement and Stormwater Management Easement Agreement for Wild Prairie Estates Part I, Iowa City, Iowa, both dated February 1, 1994 and recorded in the Johnson County Recorder's Office on March 3, 1994, in Book 1713, Page 78, et. seq.; and by reason of a Subdivideds Agreement for Wild Prairie Estates Part II, Iowa City, iowa, dated February 1, 1994 and recorded in the Johnson County Recorder's Office on March 3, 1994, in Book 1713, Page 108, et. seq., Subdivider is obligated to construct Stormwater Management Facilities as required by the City and as a benefit to the subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land..- The parties acknowledge that $5000.00 has been placed in escrow with the City for Wild Prairie Estates, Parts I & II. The parties further acknowledge that this escrow is being retained by the City pending completion of the Facilities, as certified by the City Engineer. The City acknowledges that construction of the Facilities herein has been substantially completed, but that final release of the Facilities by the City is not yet appropriate. For this reason, the Stormwater Management Easement Agreement and Subdivideds Agreements constitute a lien and cloud on the property in Wild Prairie Estates, Parts I & II. In consideration of the City's release of its lien on the property, Subdivider agrees that the lien on the property in Wild Prairie Estates, Parts I & II shall be transferred to and shall immediately attach to the escrow for this property, and that this lien shall remain attached to the escrow until such time as the Facilities have been completed; permanent groundcover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the City Engineer, substantially all land within the tributary area in the subdivisions has been developed. At such time, the City will issue a final release to the Subdivider for recordation. Dated Subdivider agrees that said escrow will be retained until all work on the Facilities has been completed and the Facilities are finally released by the City as provided above. In consideration thereof, the City does hereby release Wild Prairie Estates, Parts I & II, from any lien or cloud now placed on the title to the above property for the purposes stated in paragraphs 1 ~hrough 4 above, and arising out of the agreements referenced in paragraph 1 above. This Partial Release Agreement shall not be construed as a release of Subdivideds obligations to complete the stormwater management facilities and the site work incident thereto, which obligations shall remain the Subdivider's responsibility until th.e Facilities have been completed and finally released bythe City. Nor shaft this Partial Release Agreement in any way alter, amend or modify the Stormwater Management Easement Agreement and Subdivideds Agreements recorded in the Johnson County Recorder's Office as provided in paragraph 1 above, except as provided in this agreement. this ~-ff~-day of June, 1995 KE~Y-HILGENBERG ENTERPRISES, INC'. Jam~R. Kennedy, President J e r r y',,,L,,~ il g e n I~1~, Secr~'~a.~ / CITY OF IOWA CITY, IOWA Susah M. Horowitz, Mayor Marian K. Karr, C~ty Clerk STATE OF IOWA JOHNSON COUNTY ) )SS: ) On this 7_.~, day of June, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared James R. Kennedy, to me personally known, who being by me duly sworn did say that he is the President of Kennedy- Hilgenberg Enterprises, Inc., the Iowa Corporation executing the within and foregoing instrument; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that the President acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the Corporation, by it and by the Corporation voluntarily executed. ~s$~,~" i for the - - Notary Public'in and State of Iowa STATE OF IOWA ) )SS: JOHNSON COUNTY On this ~- ~. day of June, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jerry J. Hilgenberg, to me personally known, who being by me duly sworn did say that he is the Secretary of Kennedy-. Hilgenberg Enterprises, Inc., the Corporation executing the within and foregoing instrument; that said instrument was signed on behalf of the Corporation by authority of its Board of Directors; and that the Secretary acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the Corporation, by it and by the Corporation voluntarily executed. ~'~] ,,~,~"'-"~ and for the · . ~ ¢~1s$10~ EXP[R[S / State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 8?~day of June, 1995, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz 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 foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and State of Iowa for the PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITIES FOR WILD PRAIRIE ESTATES, PARTS I & II This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hp~e[nafter "the City") and Kennedy-Hilgenberg Enterprises (hereinafter "Subdivider"l)~ / IN CONSIDERATION OF TH~ MUTUAL P~ROMISES CONTAINED HEREIN, TI~E PARTIES AGREEASFOLLOWS: ~ ~ 1. The parties acknowled~}~that b~( reason of a Subdiv)der's Agreement and Stormwater Management~Easemet~t Agreement for Wild Prairie Estates Part I, Iowa City, Iowa, both dated FebrL~ary 1, 1994 and recorded in the Johnson County Recorder's Office od\March\3, 1994, in Book 1713, Page 78, et. seq.; and by reason of a Subdivider~ Agreement for Wild Prairie Estates Part II, Iowa City, Iowa, dated February 1;, 199z~ and recorded in the Johnson County Recorder's Office on March 3, 1994, in Book 1713, Page 108, et. seq., Subdivider is obligated to construct'Stormwater Management Facilities as required by the City and as a ben~!it t'O the subdivisions. The parties further acknowledge that this obligation is ~yemed a covenant running with the [and. 2. T~e parties acknowledge that $5000.,~,0 has been placed in escrow with the Qty for Wild Prairie Estates, Parts I &/11;\ The p..arties further acknowledge that this escrow is being retained by th~CiW\pendmg completion of the Facilities, as certified by the City Engineer.// / ,/ 3. The City acknowledges that/.'construction~f the Facilities herein has been substantially completed, budhat final release~f the Facilities by the City is not yet appropriate. For this' reason, the Storn~w..ater Management Easement Agreement and SubdiviCer's Agreements constitute a lien and cloud on the property in Wild Prair?,i:slates, Parts I & II.~ 4. In consideration pf,the Qty's release of its lien o~ the property, Subdivider agrees that the ,li~/on the property in Wild Prairie E~ates, Parts I & II shall be transferred to ~)n~i'shall immediately attach to th..e ~e~ ~s,c,,~,,w, for this property, and that this lien/s)~all remain atta.ched to the escrow ~ntil such time as the Facilities ha~'e/been com.p. leted, permanent groundco~r is established and mowable; erOSion and sedimentation are controlled; and,~i~n the opinion of the City Enginee~f, substantially all land within the tributary area~in the subdivisions has been dfveloped. At such time, the City will issue a final release to the Subdivider/for recordation. Dated Subdivider agrees that said escrow will be retained until all work on the Facilities has been completed and the Facilities are finally released by the City as provided above. In consideration thereof, the City does hereby release Wild Prairie Estates, Parts I & II, from any lien or cloud now placed on the title to the above property for the purposes stated in paragraphs ~t-through 4 above, and arising out of the agreements referenced in paragrapl~ 1 abov,~. This .P.artial Re!ease Agreement s~all not be construed as a release of Subd!wder's obligations to complete the stor'nwater management facilities and/ the site work incident thereto, whicl~ obligations shall remain the Subdivider'.s' responsibility until the Facilities have t~een completed and finally released by. tt~e City. Nor shall this Partial Release IAgreement in any way alter, am.e~d or modify the Stormwater Management Easer Agreements recorded in the Johnson Count paragraph 1 above, except as provided in tt this __ day of June, 1995 ent Agreement and Subdivider's Recorder's Office a~-~rovided in agreement. KENN )Y~HILGENBERG ENTERPRISES BY; James R. Kennedy, Partner BY: Jerry, J.' Hilgenberg, Partner CITY OF IOWA CITY, IOWA BY: Susan M. Horowitz, Mayor Attest: ~ Marian K. Karr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this day of June, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared James R. Kennedy, to me personally known, who being by me duly sworn did say that he is one of the partners of Kennedy~Hilgenberg Enterprises, the partnership executing the within and foregoing instrument; that said instrument was~igned on behalf of the partnership by authority of its partners; and that the partne/acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the partnership, by it an/d"by the partner voluntarily executed. STATE OF IOWA ) )SS: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this day of June, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally ap'peared Jerry J. Hilgenberg, to me personally known, who being by me duly sworn ~,did say that he is one of the partners of Kennedy-Hilgenberg Enterprises, the part'nership executing the within and foregoing instrument; that said instrument was signe~d on behalf of the partnership by authority of its partners; and that the partner acknowledged the execution of the foregoing instrument to be the voluntary act and de,ed of the partnership, by it and by the partner voluntarily executed. ; Notary Public in and for the State of Iowa STATE OF IOWA ) JOHNSON COUNTY ))SS: ///// n th~s __ day of June, 1. 95, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared ,S~san M. Horowitz and Marian K. Karr, to me personally t~nown, who being by metduly sworn, did say that they are the Mayor and City Cl~rk, respectively, of/s/aid municipal corporation executing the foregoing instrumenT; that the seal affi,~ed thereto is the seal of said municipal corporation; that said ins~trument was sigped and sealed on behalf of said municipal corporation by authority ~f City council ,of.said- municipal corporation; and that the Susan M. Horowitz and MaYJan K Karr adknowledged that execution of said instrument to be the voluntary act an~ deed of ,sa~d municipal corporation and by them voluntarily executed. ~, , ,/,' Notary Public in and for the .," \ State of Iowa RESOLUTION NO. 95-153 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC PARKWAY BETWEEN THE CITY OF IOWA CITY, AND ROGER AND NADIA ELLERHOFF FOR PLANTINGS ON THE PUBLIC PARKWAY AT 1233 DUCK CREEK DRIVE, IOWA CITY, IOWA WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Roger and Nadia Ellerhoff wish to beautify the public right-of-way described above by planting vegetation thereon; and WHEREAS, the City staff has reviewed the use and location of such plantings and found that use to be compatible with the public use thereof; and WHEREAS, it is in the publi~: interest to set forth the conditions regarding the continued use of the public right-of-way, as enumerated in this 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 to the City Forester and the applicant. Passed and approved this 27th day of 0une ,1995. ATTEST: ~ CITY-CLERK It was moved by Nnv'h-k and seconded by adopted, and upon roll call there were: Throgmorton AYES: NAYS: ABSENT: X Baker X __ Horowitz X Kubby X Lehman X Novick X __ Pigott X __ Throgmorton the Resolution be LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ROGER AND NADIA ELLERHOFF FOR PLANTINGS ON THE PUBLIC PARKWAY BEHIND ,1233 DUCK CREEK DRIVE, IOWA CITY, iOWA This License Agreement is made between ROGER AND NADIA ELLERHOFF, ("Applicant") and the City of Iowa City, Iowa, a municipal corporation {"City"), WHEREAS, Applicant wishes to beautify the public right-of-way described above by planting vegetation thereon; and WHEREAS, the City staff has reviewed the use and location of such plantings and found that use to be compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding the continued use of the public right-of-way, as enumerated in this license agreement. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant is the owner in fee simple of certain real estate abutting the public right-of- way located at 1233 Duck Creek Drive, Iowa City, Iowa, or Applicant has the consent of such owner for the proposed use; and The City staff has reviewed the past and proposed use of the right-of-way at such location, and finds that based on the City's needs for the public use of said right-of- way, Applicant's continued uses of portions of the described right-of-way, as modified and approved by the City, and attached hereto as Exhibit A, are compatible with the public use thereof, and will not significantly affect the City's interests. Based on this review, the City now agrees to permit and grant a license to Applicant for the use of portions of the right-of-way for plantings, subject to the approval of the City Forester. Applicant acknowlodgos a~d agrees thai this license is limited exclusively to the location, use, purposes and persons listed herein, that any other uses, locations, purposes or persoils are not contemplated herein, and that any expansion of said uses, purposes, locations or persons must be agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this grant of license for the continuing location and use of portions of the right-of-way, that the City is not empowered to grant permanent or perpetual use of its street right-of- way for private purposes, that the City may order said locations and/or uses within the street right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. 2 Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities, or damages, of whatever nature, including payment of reasonable attorney fees, which may arise from the use of the public right-of-way arising from this license, or which may be caused in whole or in part by any act or omission of the Applicant, or by any agent or employee of the Applicant, and shall show proof of insurance coverage for that purpose. Applicant further agrees to abide by the guidelines established by the City Forester, and to maintain said plantings in accordance with the approved diagram or schematic drawing and in compliance with the City Forester' guidelines. In the event of a breach of this License Agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, plants and/or obstructions from the City's right-of-way, as provided in §364.12, Code of Iowa (1993), said written notice to be given only after the City determines that the right-of- way is needed for a legitimate public purpose and/or where Applicant's continued location and use of said right-of-way is deemed to constitute a public nuisance or hazard under Iowa law. In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, plants, and/or any other obstructions from the right-of-way and charge the cost of such removal to Applicant. Dated this !~ {L day of '~.,-~ , 1995. CITY OF IOWA CITY, IOWA Susan M. HoroWitz, Mayor Attest:.~ 7/~'. Marian K. Kant, City Clerk A~"e~by: / (~ity Attorney's Office Roger Ellefhoff Nadia Ellerhoff STATE OF IOWA ) /~ -t~- ~7 ) JOHNSON COUNTY ) On this /~day of ~ ,1995, before me, the undersigned, a Nota~ Public in and for the State~f Io~a, personally appeared Roger and Nadm Ellerhoff, to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary P~lic l~ano or t e owa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ ~ day of ,~.~ , 1995, before me, ~ ~r3 , a Notary Public in and for the State of Iowa, personally appeared Susan M. Hordwitz 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 Cou.npil, as contained in Resolution No. 75 ~(..5:~ passed by the City Council on the ;~'7"/'~ day of ,J~m? , 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act a.nd deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 8 TILE 14 15 16 ~o~ PART TWO 29 28 P~R ' 25 26 43 38 112.00' _ ," --,-,w, ,; . -. so'5?'m'w a2e,55'|l.' :. lie.iS' r fd '"' "' A, 4'4~'~' ',~I'~ ~ ........ C~ · Ill ?0' ' ~ PART TWO ~.4~'~'w ' ' EAS[~NT~, ~'. 36 iO' UTILITY PAJ 139 47 46 \0'~o -Ni2Oi6'50'W {46.95' D"W 139.73' I0' UTILITY 6o01'50'W 12119' .......... 215.04' / O' UTiLITy EASE~(£HT 225.O~ 26.52' 1~.28' .... ........ ....... SINGLE FAMILY LOTS II- 34 8, SINGLE FAMILY LOTS 35- 45,4' PDN - 12 DU LOTS 50 I~ 5 RESOLUTION NO. 95-154 RESOLUTION AMENDING THE IOWA CiTY COMPREHENSIVE PLAN TO INCLUDE "IOWA CITY: BEYOND 2000 - IOWA ClTY'S VISION FOR THE FUTURE" WHEREAS, a Comprehensive Plan is a statement of goals and policies of the community; and WHEREAS, Iowa City adopted a Comprehensive Plan in 1978 which has been amended from time to time as the community has grown and changed; and WHEREAS, the Iowa City City Council decided in the spring of 1994 to create nine citizen task forces to envision the future of Iowa City; and WHEREAS, the vision statements these task forces developed were incorporated in the document "IOWA CITY: BEYOND 2000 - Iowa City's Vision for the Future"; and WHEREAS, "IOWA CITY: BEYOND 2000" expresses the collective view of the vision and goals of the people of Iowa City for the future of this community and will be used to guide future policy decisions of the City Council on the growth and development of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The iowa City Comprehensive Plan is hereby amended to include the vision expressed in "IOWA CITY: BEYOND 2000 - Iowa City's Vision for the Future." Passed and approved this 27th day of June , 1995. ATTEST:/~m,~,-~.,) CITY CLERK 'l~,ty It was moved by Novick and seconded by adopted, and upon roll call there were: Thro~morton the Resolution be AYES: NAYS: ABSENT: x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton IOWA TY: BEYOND 2000 Iowa City is an attractive city healthy economy, Iowa City grows, we will to identity of the communiO~ guiding new areas; protecting the population, in homing, andjobs; human development to Iowa inclu.~'ive, accessible, and races, cultures, li~sO/les, ages, giving particular attention to vital downtown, a in its people. the character and creation of compatible diversi~y in the offering opportunities for Iowa City will be an to all its citizens -- all socio-economic groups, while with disabilities. Revised 6-6-95 Iowa City CityCouncil CivicCenter 410E. Washington St. IowaCity, IA52240 Re: "Iowa City: Beyond 2000" Dear Council Members: Johnson County Coalition for Persons with Disabilities June 26, 1995 The Johnson County Coalition for Persons with Disabilities appreciates this opportunity to clarify its position regarding "IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future" (hereinafter, 'Msion statement"). The Coalition thanks the Council for its artentireness to the concerns of persons with disabilities and its efforts to ensure that these concerns are voiced and aired. Moreover, we applaud your revising the last sentence of the Preamble to read: "Iowa City will be an inclusive, accessible, and safe community to all its citizens, embracing persons with disabilities and all races, cultures, lifestyles, and socio-economic groups." This language reflects the City's policy of full inclusion and expressly acknowledges that persons with disabilities are an integral part of the community. The vision statement, as you know, is to inform and guide future public policy decisions. It is intended to be progressive as well as comprehensive. The Coalition, however, believes that the import, purpose, and structure of the vision statement are such that specific mention of persons with disabilities, in the preamble, and in select topical areas, is required to ensure that the vision is truly inclusive. The historical exclusion of persons with disabilities from mainstream public policy is well-documented. Persons with disabilities have been denied access to mainstream society through overt discrimination, ignorance, silence, and well-intentioned acts. Disability-based antidiscrimination laws are in their embryonic stages, enforced sporadically, and subject to review and repeal. Consequently, the rights and needs of persons with disabilities are not foremost in the public mind; nor are they immediately intuitive. Without explicit use of the phrase "persons with disabilities," future decision-makers and others not privy to the current Council deliberations and committee proceedings may not understand that the term "all citizens" is meant to include and embrace us. To that end, we request that the Council make the following changes in the vision statement before adopting it. The changes are addressed below, by topic area: Arts, Culture & Human Development: Change: To: Goal four: "Programs and services will be offered that meet the needs of all citizens." "Programs and services will be offered that meet the needs of persons with disabilities." This change restores the intent of the original goal, identifying a crucial issue of accessibility that must be addressed before programs and services can be "accessible to all." Without spedtic recognition in this area, it is unlikely that community programs, venues or facilities, for example, theatres, stages, art studios, classrooms, will be designed to meet the needs of artists, writers, entertainers and others with disabilities, or that the safety and entertainment of audience members with disabilities will be considered in the design of spectator areas. Housino: Goal one: Change: "Ensure that an appropriate supply of adequate, accessible, and affordable housing is available for all." To: "Ensure that an appropriate supply of adequate and affordable housing that is accessible to all citizens, including persons with disabilities. is available." In this section, as in others, the term "accessibility" is used without qualification. "Accessibility" is an ambiguous term, and may not immediately bring to mind the needs of persons with disabilities. By emphasizing accessibility and clarifying its scope, this goal calls attention to a housing problem that has been overlooked. The scarcity of accessible dwellings limits the opportunities for persons with disabilities not only in securing housing for themselves, but in visiting the homes of others as well. Builders and developers continue to construct inaccessible homes. Until the term "accessibility" routinely applies to the needs of persons with disabilities, explicit recognition is required. Parks, Recreation & Open Space: Goal two: Change: "Ensure that programs and facilities are accessible to all citizens." "Ensure that programs and facilities are accessible to all citizens, including persons with disabilities." 2 Specific recognition in this area acknowledges that it is not immediately apparent that "accessible" park services should include playground equipment designed for persons with disabilities, and bridges, trails, and paths that are free of steps and impassable slopes. Few Iowa City parks are currently designed and equipped for use and access by persons with disabilities. Just as the affordability of recreational facilities and the needs of low income residents are specifically identified, similar descriptive terminology is required when addressing the needs of persons with disabilities. Transportation: Goal five (Maintain): Change: "(Maintain) a transportation system which enhances the quality of life of all citizens." To: "(Maintain) a transportation system which enhances the-g: quality of life for persons with disabilities." .-~- This change addresses the challenges that persons with disabilities face in securing and using transportation services. Just as pedestrian and bicycle concerns are specified, explicit mention of persons with disabilities would be a recognition that a significant number of people are not being adequately served by our community's transportation system. The Transportation section currently includes a goal to "(maintain) our high level of transit and paratransit service." If the needs of persons with disabilities are not recognized in mainstream transportation goals, such as fixed-route bus service, this goal effectively continues to limit transpertation options for persons with disabilities exclusively to use of paratransit. While paratransit is an invaluable service, it cannot meet every need, nor, as a supplementary service, is it designed to do so. Specific recognition in transportation goals will he~p to ensure that the vision of Iowa City's future includes more choices and opportunities for persons with disabilities. Transportation: Goal two (Improve): Change: "(Improve) traffic control devices and street markings which are sensitive to the needs of all users of the street system; as well as motor vehicles (pedestrian access across major streets must be balanced with the need to move arterial street traffic efficiently);" To: "(Improve) traffic control devices and street markings which are sensitive to the needs and abilities of all users of the street system; as well as motor vehicles (pedestrian access across major streets must be balanced with the need to move arterial street traffic efficiently);" By adding the words "and abilities" to this goal, the needs of persons with disabilities are effectively presented. Traffic control devices, such as pedestrian "walk" buttons, need to be designed so that persons with disabilities can use them. Sidewalks and crosswalks must be designed so that persons with 3 disabilities can travel safely and comfortably. The Coalition acknowledges the underlying premise that "all citizens" should include every diverse type of person living in and visiting our community. We respectfully submit that when addressing the needs and concerns of persons with disabilities, the only assurance of full inclusion is specific recognition. Your consideration and action is appreciated. In anticipation of a favorable response, we remain, Sincerely yours, Tim Clancy, Chairperson 302 S. Gilbert St. #1216 Iowa City, IA 52240 (319) 3.....~067 Linda Carter, Co-Chah'person 2721 Museatine Ave. Apt. B Iowa City, IA 52240 (319) 337-8532 The Johnson County Coalition for Pe,'sons With Disabilities 4 RESOLUTION NO. 95-155 RESOLUTION ADOPTING DESIGN GUIDELINES FOR REVIEW OF EXTERIOR STAIRWELLS, CORRIDORS AND LIFTS FOR MULTI-FAMILY DWELLING UNITS AND DWELLING UNITS LOCATED ABOVE A COMMERCIAL USE. WHEREAS, the City has established a Site Plan Review procedure in order to review certain improvements of property to ensure orderly and harmonious development; and WHEREAS, development plans for multi-family apartment buildings and commercial buildings with dwelling units located above the ground floor are currently subject to review under the Site Plan Review procedure; and WHEREAS, the City wishes to ensure that exterior stairwells, exterior corridors and exterior lifts, when utilized on multi-family apartment buildings and commercial buildings containing dwelling units above the ground floor, are architecturally integrated into the design of the overall building; and WHEREAS, the City, in order to assure architectural integration of exterior stairwells, exterior corridors and exterior lifts into overall building design, wishes to adopt design guidelines to be applied when such structures are reviewed under the Site Plan Review procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the design guidelines for exterior stairwelts, exterior corridors and exterior lifts on multi-family residential buildings, attached hereto, are approved as to form and content and are hereby adopted. Passed and approved this ?71-h day of June ,1995, CITY CLERK it was moved by Kubb" and seconded by Nnv~rk adopted, and upon roll call tl~ere were: the Resolution be AYES: NAYS: ABSENT: x X x X X _ X X Baker Horowitz Kubby Lehman Novick PigoR Throgmorton GUIDELINES FOR REVIEW OF EXTERIOR STAIRWELLS AND CORRIDORS The design of exterior stairwells, exterior corridors and exterior lifts which provide access to dwelling units located above the ground or first floor of a building containing three (3) or more dwellir, g units or where any number of residential units are located above a commercial use, shall be approved by the Director of Planning and Community Development with respect to the following guidelines. Alternative designs may be approved if the Director of Planning and Community Development determines that the alternative design meets the intent of assuring that exterior stairwells, corridors and lifts are architecturally incorporated into the overall design of the building, or if a second exit is required on an existing building for the purpose of fire safety. For all dwelling units located above the ground floor, an interior circulation system, for the purpose of entering and exiting each unit, is preferred over exterior stairwells, exterior corridors and exterior lifts. preferred (internal circulation) discouraged (external circulation) Where exterior stairwells and lifts are utilized, they should be partially enclosed by a building wall(s) similar in materials and design to the exterior walls of the structure. Other than fenestration, said wall(s) should be solid from grade to the roof of the stairwell and lift and should be architecturally integrated into the design of the overall structure through the use of similar materials and style. Fenestration is encouraged, but should not constitute more than fifty percent (50%) of the total surface area of the wall. Exposed, unpainted or unstained lumber should not be utilized unless approved by the Director of Planning and Community Development. At a minimum, a wall should be provided on the side of the stairwell and lift opposite the wall of the struc- ture to which the stairwell and lift is attached. inappropriate 2 e Exterior stairwells, exterior lifts and exterior corridors should be covered with a roof similar in design and materials to the roof over the rest of the structure. Said roof should be incorporated into the overall roof plan of the structure. appropriate inappropriate %;,;;". · ~ '." ;;t Exterior corridors should not be located on the elevation(s) of the building that faces a street, except for an alley. When exterior corridors are utilized, they should be architecturally integrated into the design of the overall structure. Exposed, unpainted or unstained lumber should not be utilized unless approved by the Director of Planning and Community Development. When exterior stairwells and lifts are located on the elevation of a building facing a street, special care should be taken to integrate the enclosing wall(s) into the facade of the building architecturally. Architectural details such as fenestration and orna- mentation utilized on the facade should also be incorporated into the enclosing wall(s) of the stairwell and lift. appropriate inappropriate ~ pda drn[n~st ai~cot ,gdl 2 Exterior stairwells, exterior lifts and exterior corridors should be covered with a roof similar in design and materials to the roof over the rest of the structure. Said roof should be incorpor. ated into the overall roof plan of the structure. appropriate inapp~ Exterior corridors should not a street, except for an alley. architecturally integ or unstained lumber should and Community the elevation(s) of the building that faces exterior corridors are utilized, they should be design of the overall structure. Exposed, unpainted utilized unless approved by the Director of Planning When exterior stalrw ~ and lifts street, special be -~ea~section 44,5t. the fac~ details such as ! and incorporated located on the elevation of a building facing a to integrate the enclosing wall(s)4oquime in of the building architecturally. Architectural 3ntation utilized on the facade should also be the enclosing wall(s) f the stairwell and lift. app~ ,riate inappropriate RESOLUTION NO. 95-156 RESOLUTION APPROVING PRELlMARY AND FINAL PLAT OF ROBER SUBDIVI- SION, IOWA CITY, IOWA. WHEREAS, the owners, Richard and Julie Berry, filed with the City Clerk the final plat of Rober Subdivision, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Commencing at the Southwest Corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence NOO°40'20"E (A RECORDED BEARING), 159.29 feet, to the Point of Beginning; Thence continuing NOO°40'20"E, 40.00 feet, to a Point on the Southeasterly Right-of-Way Line of 7th Avenue, in accordance with the Plat of Subdivision, of Windsor Heights Fifth Addition, to Iowa City, Iowa, as Recorded in Plat Book 17, at Page 36, Records of the Johnson County Recordefts Office; Thence Northeasterly, 66.51 feet, along said Right-of-Way Line on a 140.33 foot Radius Curve, concave Southeasterly, whose 65.89 foot chord bears N36°OO'37"E; Thence N49°35'20"E, along said Right-of-Way Line, 70.00 feet; Thence Northeasterly 73.62 feet, along said Right-of-Way Line on a 175.00 foot Radius Curve, concave Northwesterly, whose 73.08 foot chord bears N37°32'14"E; Thence N25°29'O8"E, along said Right-of-Way Line, 57.62 feet; thence Northeasterly, 70.25 feet, along said Right-of-Way Line, on a 175.00 foot Radius Curve, concave Northwesterly whose 69.78 foot chord bears N 13 o 5 9'06"E; Thence NO2°29'O4"E, along said Right-of-Way Line, 1.46 feet, to it's Point of intersection with the South Line of said Windsor Heights Fifth Addition; Thence S89°03'56"E, along said South Line 83.00 feet, tothe Northwesterly Corner of Hidden Valley an addition to Iowa City, Iowa, as Recorded in Plat Book 30, at Page 290, of the Records of the Johnson County Recorder's Office; Thence S00°35'01 "W, along the West Line of said Hidden Valley, 314.78 feet, to the Northeast Corner of the Plat of Survey, Recorded in Plat Book 23, at Page 28, Records of the Johnson County Recorder's Office; Thence S89°37'40"W, along the North Line of said Plat of Survey, and the Westerly Projection thereof, 258.54 feet, to the Point of Beginning. Said Tract of Land Contains 1.19 Acres, more or less, and is Subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the proposed preliminary plat, final plat and subdivision and recommended that said preliminary plat, final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 95-156 Page 2 The preliminary plat, final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the designated easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 27th day of June ,1995. ATTEST:~.,~,) CITY'CLERK Resolution No. 95-156 Page 3 It was moved by Novick _ and seconded by adopted, and upon rol~calltheraware: · AYES: NAYS: ABSENT: X the Resolution be ~ Baker __. Horowitz __ Kubby x Lehman Novick Pigott Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0011; Rober Subdivision 224 N. Seventh Avenue GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: Prepared by: Charles Denhey Date: May 18, 1995 Richard and Julie Berry 224 N. Seventh Avenue Iowa City, IA 52245 338-6123 Approval of a preliminary and final plat. To allow development of a two lot residential subdivision. 224 N. Seventh Avenue 1.19 acres Residential; RS-5 North - Residential; RS-5 East - Residential; RS-5 South - Residential; RS-5 West - Parkland; P Residential, 2-8 dwelling units per acre Portions of the Zoning Chapter and the Subdivision Regulations. April 27, 1995 June 12, 1995 File date: 45-day limitation period: SPECIAL INFORMATION: Public ~Jtilities: Adequate water and sewer service is available to the site. Public services: City Sanitation service will be provided. Municipal police and fire protection will be provided, Transportation: Vehicular access is available via Sev- enth Avenue, Transit service is avail- able via the Rochester Avenue route, Physical characteristics: The site currently contains one single- family dwelling and a storm water detention facility, and is generally level, BACKGROUND INFORMATION: The applicants, Richard and Julie Berry, currently reside in a house that is located on the proposed Lot 1, and propose subdividing the property to create a second buildable lot. A storm water detention facility serving the surrounding subdivisions is located in the northern portion of Lot 1, Approval of both the preliminary and final plat is being requested. ANALYSIS: Zoning Chapter compliance The preliminary and final plat has been reviewed by staff and appears to conform with the general requirements of the RS-5, Low Density, Single-Family zone, Subdivision Ordinance Requirements Access, Due to the curvature and grade of Seventh Avenue, it may be difficult to locate an access point with adequate sight distance on Lot 2, It appears to be possible that the existing driveway on Lot 1 could serve both '*rs. Having a shared drive may be preferable to adding an access point for Lot 2, The City Tra,tic Engineer is reviewing the situation and should have a recommendation prior to the Commission's formal meeting. Nei¢]hborhood Open S~)ace. The proposed subdivision is located in the Hickory Hill open space district, which has an open space of deficit 0.22 acre. Staff recommends that a fee in lieu of dedication be paid for this subdivision due to the small amount of open space required. Based on an appraisal or the assessed value of the property, the fee should be established prior to City Council consideration of the plat. Leqal Papers and Constructs Drawinqs, Legal papers have been submitted and are being reviewed by the City Attorney's Office. Legal papers will need to be approved prior to City Council consideration of the plat. Construction Drawings are not required because no public improvements are being provided, Storm Water Detention. A storm water detention facility serving the Windsor Heights Fifth Addition subdivision, The detention basin was created through an agreement between the subdividers of Windsor Heights and a previous owner of the subject property, and no easement was placed on the area encompassing the detention facility, A storm water management easement should be placed over the area of the storm water detention facility to assure that the detention basin will not be altered, 3 STAFF RECOMMENDATION: Staff recommends that SUB95-0011, the preliminary and final plat of Rober Subdivision, be deferred, but that subject to resolution of all deficiencies and discrepancies, the plat be approved subject to approval of legal papers and determination of the neighborhood open space fee prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. The storm water detention basin should be labeled as a storm water management easement, and an easement agreement should be included in the legal papers. 2. The curve information for the southern most curve in the right-of-way line should be corrected. 3. All existing sanitary sewers should be shown and labeled. ATTACHMENTS: 1. Location Map. 2. Preliminary and Final Plat, Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP SUB95-001 1 PRELIMINARY & FINAL PLAT OF ROBER SUBDIVISION HICKORY HILL PARK REGINA HIGH SCHOOL SITE LOCATION J ROC~ES~R AV~ Ill ROAO NO$11)E CITY HIGH SCHOOL C:\~K~SUSI:~5 951'~?R 2'/ WAll: IO City of Iowa City MEMORANDUM Date: June 9, 1995 Planning and Zoning Commission Charles Denne~ssociate Planner To: From: SUB95-0011, Rober Subdivision Re: The City Traffic Engineer has reexamined the access for proposed Lot 2 of the subdivision and continues to recommend that access to the lot be provided via shared driveway with the existing lot. The plat should be revised to reflect a shared drive. As discussed in the staff report a fee in lieu of dedication is recommend to meet the neighbor- hood open space requirement for this subdivision. The additional one lot in this subdivision generates a need for 0.01 acre of open space. Based on the accessed value of the property an open space fee of $464.00 is recommended by staff, STAFF RECOMMENDATION Staff recommends that SUB95-0011, the preliminary and final plat of Rober Subdivision be deferred, but that if the plat is revised to show a shared drive, the plat be approved subject to approval of legal parera and agreement on the neighborhood open space fee prior to City Council consideration. Robert Miklo, Senior Planner Department of Planning and Community Development Approved by: City of Iowa City MEMORANDUM Date: June 13, 1995 To:. Charlie Denney, Associate Planner From: James Brachtel, Traffic Engineer Be: Driveway Location for the Proposed One-Lot Subdivision on North Seventh Avenue You had asked me to review tile proposed one-lot subdivision on North Seventh Avenue just north of Rochester Avenue. In particular, there is concern about the location of the driveway access to the proposed newly created residential lot. In considering the driveway location, I assumed conditions to be as would be found for intersection design of local roads in the AASHTO Policy of Geometric DesiQn, 1990. I assumed an at-grade crossing with the worst case condition of the vehicle leaving the driveway and left turning to go south on North Seventh Avenue. I used an assumed approach speed of 25 miles per hour. With those conditions, the required sight distance to the south would be 220 feet. I recalculated the sight distance requirement using an approach speed of 20 miles per hour, and at 20 miles per hour the required sight distance to the south would be 175 feet. Both distances suggest that the City should require that the driveway be located as far north as possible. As I now understand the configuration of the site, the most northerly practical location would be a common driveway with the existing household, In addition to the issue of the driveway location, the Traffic Engineering Division also conducted some traffic counts during the week of June 5, 1995. During that week the average weekday volumes on Seventh Avenue for both directions was found to be 775 cars. It is clear that as this neighborhood develops, the amount of traffic using North Seventh Avenue has increased and the City should be attentive to protecting the right-of-way along North Seventh Avenue. Should you require additional information or additional comments regarding this matter, please do not hesitate to contact me. bitdriveway RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN WOOD, PART 8, IOWA CITY, IOWA. WHEREAS, the owner, Myles Braverman, flied w~th the C~ty Clerk of Iowa C~ty, Iowa, application for approval of the preliminary plat of Walden Wood, Part 8; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the'preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: I. The preliminary plat of Walden Woods, Part 8, Iowa City, Iowa, is hereby app[oved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and spproval by law. Passed and approved this day of ,1995. ATTEST: CITY CLERK It was moved by MAYOR and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton To: Planning & Zoning Commission Item: SUB95-0014. Walden Wood Part 8. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: STAFF REPORT Prepared by: Scott Kugler Date: June 1 5, 1995 Myles Braverman Suite 400, Commerce Center Iowa City, Iowa 52240 Phone: 337-4195 Preliminary plat approval. To allow a 12-lot residential subdivision. West of Mormon Trek Boulevard, North of Walden Court. 4.3 acres. Vacant, RS-8. North: Retirement Center; PDH-12. East: Electrical substation; PDH-8. South: Residential; PDH-8. West: Residential; RS-8. This site lies at the projected boundary between low density (2-8 DU/A) and medium density (8-16 DU/A) residential areas. 14-6D-3: RS-8, Medium Density Single-Family Residential, Zone; 14-7B: Plats and Platting Proce- dures. May 10, 1995. June 26, 1995. City sewer and water are available to the site. Police and fire protection will be provided by the City. Transportation: Physical characteristics: This site is located near two transit routes: the Westwinds route at Mormon Trek and Benton Street; and the Plaen View route at Mormon Trek and Rohret Road. The Plaen View route has excess capacity to accommodate new develop- ment in this area. The site is located along a ridgetop, and includes the southern face of the ridge. There are a few existing trees of substantial size located along the ridgetop. The southwest corner of the site, which extends southward to Rohret Road, is wooded and contains a drainageway. BACKGROUND INFORMATION: The applicant, Myles Braverman, is requesting preliminary plat approval for Walden Wood, Part 8, a 12-1ot residential subdivision located west of Mormon Trek Boulevard, north of Walden Court. This is one of two applications for the same property currently being considered by the Commission. The other, an application for preliminary OPDH approval of a 27-unit, town house style condominium development, was filed on March 30, 199§, and is scheduled to be acted on by the Commission at its June 15, 1995, meeting. ANALYSIS: Zoning Chapter Compliance: The proposed subdivision appears to comply with the requirements of the RS-8 zone. The RS-8 zone permits single-family dwellings, duplexes on lots of 8,700 square feet or more, and zero-lot line dwellings. Six of the proposed lots will be large enough to accommodate duplexes, while the other six would be limited to single-family or zero-lot line dwellings. There could be between 12 and 18 dwelling units constructed in this subdivision if approved as submitted. Compliance with Subdivision Regulations: The proposed preliminary plat appears to be in general compliance with the City's subdivision regulations. The plat indicates that a sidewalk will be constructed only along the south side of the proposed street, Pointe Place. This seems reasonable given the fact that residential development will only occur on this side of the street. In addition, a walkway from Pointe Place to Mormon Trek Boulevard is being proposed to the north of Lot 12. The legal papers associated with the final plat for this subdivision should indicate that the owner of Lot 12 is responsible for maintenance of this walkway. Drainage/Erosion Control Plan: The applicant is proposing a storm sewer to collect surface water from Pointe Place and divert it to the southwest through Outlot A to Rohret Road. Also being proposed are five "bee-hive" intakes along the storm sewer as it passes along the south end of lots 1 - 10. Public Works has reviewed this proposal and has noted that some grading will be necessary to divert storm run off toward the intakes if they are to be effective in reducing run off from this site. Earth berms 18 inches in height are being proposed in response to this recommendation, and silt fencing is proposed along most of the south property line to help reduce siltation from the storm water that does flow off the site to the south. As part of its review Public Works is requiring silt fencing on the uphill side of each of all storm sewer intakes, existing and proposed, to protect them from siltation. Although the applicant has revised the plan to include silt fencing above the proposed intakes, the proposed fencing is not properly placed with respect to the contours shown on the plat and would be ineffective at protecting the intakes. No silt fencing has been shown around the existing intakes. In addition, the proposed intake between Lots 6 and 7 will have minimal effect in collecting surface water before it reaches the existing intakes to the south. The existing intakes are a part of the private storm sewer for the condominium development to the south. Additional measures need to be taken to divert the run off in this location into the public storm sewer rather than the private 3 system, unless an easement is obtained from the condominium association for the use of the private system. Because of these deficiencies, staff recommends that the approval of the preliminary plat be conditioned upon revised drainage and erosion control measures being approved by staff and Public Works prior to Council consideration. Open Space: The Neighborhood Open Space Plan indicates that there is a deficit of 9.41 acres of open space within this open space district. Six acres of open space are proposed to be dedicated within the Galway Hills subdivision located to the northwest of this site to meet a portion of this need. The Neighborhood Open Space Plan indicates that the extension of a trail system along Willow Creek will also meet a portion of this need. The applicant is proposing that the pipeline easement be dedicated as public open space to fulfill the open space requirements for this subdivision, however the Parks and Recreation Commission has already recommended that fees be accepted in lieu of the actual dedication of open space. A number of neighborhood residents have asked the Parks and Recreation Commission to reconsider this decision. This issue will have to be resolved prior to Council consideration of the preliminary plat. STAFF RECOMMENDATION: Staff recommends that SUB95-0014, a request for preliminary plat approval for Walden Wood, Part 8, a 12- iot residential subdivision, be approved subject to revised drainage and erosion control measures being approved by City staff prior to Council consideration of the preliminary plat. DEFICIENCIES AND DISCREPANCIES: 1. Design of silt fencing installation to protect intakes is inadequate. Silt fencing should generally follow the contours, and should be placed with respect to major flows toward the intakes - including water being diverted by the proposed herming. Very little protection is proposed for the existing intakes. 2. Additional measures need to be taken to divert the run off into the public storm sewer rather than the private system, unless an easement is obtained from the condominium association for the use of the private system. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development tsubO014.sk IRR1 IIII Z~ CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT M EMOl~.~%N D~ TO: FROM: DATE: RE: BOb Miklo, Senior Planner Terry Trueblood, Parks & Recreation Director June 15, 1995 Neighborhood Open Space Issues 1. Walden Wood, Part 9 2. Walden Wood, Part 8 3. Saratoga Springs Apartments At their meeting of June 14, 1995, the Parks and Commission took the following action, relative to N.O.S. issues: Recreation the above WALDENWOOD, PART 9 The Commission voted to accept the developer's proposal to dedicate Outlot A (1.73 acres) as public open space. Even though this area does not meet the criteria for a neighborhood park, as stipulated in the N.0.S. Ordinance, the Commission feels there is an overriding need for open space in this area. The neighborhood association encouraged the Commission to accept this property. One of the key interests of the Commission is to construct a trail along the west edge of the property to connect with the proposed Willow creek Trail. WALDEN WOOD, PART 8 The Commission declined to reconsider its previous action, which was to accept fees-in-lieu of the proposed property donation. SARATOGA SPRINGS APARTMENTS The Commission did not officially act on this, because it was not an agenda item. However, the Neighborhood Open Space Committee reviewed it, and unanimously agreed that fees-in-lieu is the appropriate action. There is no indication that the Commission disagrees with this. RESOLUTION NO. 95-157 RESOLUTION APPROVING FINAL PLAT OF PELSANG PLACE, IOWA CITY, IOWA. WHEREAS, the owners, Irene Pelsang, filed with the City Clerk the final plat of Pelsang Place, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Commencing at the Southwest Corner of Section 12, T79N, R6W of the 5th P.M.; Thence N00°00'00'~V along the West line of the Southwest Quarter, 1112.22 feet to the Point of Beginning; Thence continuing N00'00'00'~/along said west line 208.06 feet; Thence N89 °29' 10"E, 213.03 feet; Thence S00' 13' 14"E, 209.52 feet; thence S89°52'44'~/V, 212.21 feet to the Point of Beginning. Said parcel contains 1.02 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the designated right-of-way and easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The legal documents and the plat shall be recorded at the office of the County Recorder of Johnson County, Iowa, at the Owner's expense. Resolution No. 95-157 Page 2 Passed and approved this 27th AT]'EST: ' day of June , 1995. ppdadmln~elsang res Resolution No. 95-157 Page 3 It was moved by .--to. by and seconded by adopted, and upon rol~ call there were: Pigott · AYES: NAYS: ABSENT: X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton STAFF REPORT To: Planning & Zoning Commission Item: SUB95-0015; 1 14 S. First Avenue GENERAL INFORMATION: Applicant: Requested action: Purpose: Address: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Charles Denney Date: June 15, 1995 Irene Pelsang 2026 Glendale Rd. Iowa City, IA 52245 Phone: 337-9419 Approval of a final plat To allow a three lot residential subdivi- sion 114 S. First Avenue Southeast quadrant of First Avenue and Washington Street 1 acre Undeveloped, RS-5 North - Residential RS-5 East - Residential RS-5 South - Residential RS-5 West - School, Public Residential, 2-8 dwelling units per acre Provisions of the RS-5 zone and the Subdivision Ordinance May 11, 1995 June 26, 1995 July 10, 1995 Adequate water and sewer service is available to the site. City sanitation service, and municipal police and fire protection will be provid- ed. 2 Transportation: Vehicular access is available via First Avenue and Washington Street, Transit service is available to this site, Physical characteristics: Gently sloping, clear land. BACKGROUND The preliminary plat of Pelsang place was approved by the city council on April 25, 1995. During review of the preliminary plat questions were raised regarding the status of under- ground storage tanks on the site. The tanks were removed in 1990, and a soil analysis showed no contamination. The Iowa Department of Natural Resources has stated that no further action is required relative to the tanks at this time. ANALYSIS Zonin¢l Chapter Com~31iance The final plat has been reviewed by staff and appears to conform with the general require- ments of the RS-5, Low Density, Single-Family, zone, Com131iance with the Subdivision Requlations The proposed final plat for Pelsang Place appears to be in general compliance with the City's subdivision regulations and is consistent with the approved p~eliminary plat, Construction plans have been submitted and approved by the Public Works Department, Legal papers have been submitted and are being reviewed by the City Attorney's Office, Legal papers must be approved prior to City Council consideration of the final plat, As was agreed to during approval of the preliminary plat, a neighborhood open space fee of 9762.00 will be required to be paid prior to the issuance of the first building permit for any lot within the subdivision. STAFF RECOMMENDATION Staff recommends that SUB95-O015, the final plat of Pelsang Place, be approved subject to approval of legal papers by the City Attorney's Office prior to City Council consideration of the plat. Approved by: Robert Miklo, Senior Planner Department of Planning & Community Development ppdadmin\stf rep\SUB0015.cd LOCATION MAP SUBgS-.0015 PELSANG PLACE _~11111 ROAD TERRACE CITY HIGH SCHOOL COURT ST HOO~ER SCHOOL E, WASHINGTON ST, MAYFIELD F-I III II/~ III ROAD IIII II HiLL PARK a- 8U[NA , <[ RESOLUTION NO. 95-158 \i' RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLAND HEIGHTS, PART TWO, JOHNSON COUNTY, IOWA, WHEREAS, the owner, William Boyd, filed with the City Clerk the final plat of Highland Heights, Part Two, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Lot 5 - A resubdivision of Highland Heights Subdivision as recorded in Plat Book 30, page 211 of the records of the Johnson County Recorder's office. WHEREAS, th~ Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the proposed preliminary plat, final plat and subdivision and recommended that said preliminary plat, final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary plat, final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The preliminary plat, final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the designated easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 27th day of June , 1995. CORPORATE SEAL CIT'~CLERK pp~a~mb~,Mt~ts2.r~ w. 1934 Resolution No. 95-158 Page 2 It was moved by ~ and seconded by adopted. and upon rolF call there ware: the Resolution be · AYES: NAYS: ABSENT: Baker . Horowitz · , Kubby X Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLAND HEIGHTS, PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, William Boyd, filed with the City Clerk the final plat of Highland Heights, Part Two, Iowa City, Johnson County, Iowa; and WHEREAS, sa~Lsubdivision is located on the following-described real estate in Iowa City, Johnson County,"~a: / Lot 5 - A resu~ivision of Highland Heights Subdivision as recorded i~ =la[ Book 30, page 211 of the~ords of the Johnson County Reoorder's office/ WHEREAS, the Departmen~ of Planning and Community Developmen ~nd the Public Works Department examined the~proposed preliminary plat, final pl~'and subdivision, and recommended approval; and ~ / WHEREAS, the Planning and Zodi~ng Commission examined 1 e'propos~ ~d preliminary plat, final plat and subdivision and recomm~,nded that said preliminto Plat, final plat and subdivision be accepted and approved; and ~ WHEREAS, the subdivision has made consent and in accordance with the desires of the owners and and WHEREAS, said preliminary plat, final 354, Code of Iowa (1993) and I to conform with Chapter local requirements. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: -IE CITY COUNCIL OF THE CITY OF IOWA CITY, 1. The preliminary plat, fina and estate be and the same located on the above-described real 2. The City accepts th ;ation of the ( ignated easements as provided by iaw. The Mayor and directed, upon to said the final plat legal docun Iowa. Clerk of the City of City, Iowa, are hereby authorized and by the City to execute all legal documents relating and to certify a copy of resolution, which shall be affixed to owner/subdivider shall record the and the plat at the office of the 3unty Recorder of Johnson County, Passed and a[ this day of ,1995. ATTEST: CITY CLERK ppdadmln~hJdhgl$ 2. fe~ MAYOR STAFF REPORT Prepared by: Charles Denney Date: June 15, 1995 To: Planning and Zoning Commission Item: SUB95-0016. Highland Heights, Part 2 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: William Boyd 2917 Timberline Place Iowa City, IA 52240 337-3081 Approval of a preliminary and final plat. To allow a 3 lot residential subdivision. Southeast quadrant of the Dingleberry Road/Highway 1 intersection. 22.23 acres Undeveloped, County R-S Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: North - Agriculture, County A1 East - Residential, County R-S South - Residential, County R-S West - Agriculture, County A1 The Fringe Area 4 policy states that a limited amount of residential develop- ment will be approved east of Highway 1. Fringe Area Agreement for Area 4. as amended; City Subdivision Regulations. May 11, 1995 June 26, 1995 60-day limitation period: July 10, 1995 SPECIAL INFORMATION: Public utilities: Private water and sanitary sewer will need to be provide. Public services: Police protection is provided by John- son County with fire protection provid- ed the Solon Fire Department. Transportation: Vehicular access is available via dingle- berry Road. Physical characteristics: Gently sloping, open land. BACKGROUND INFORMATION: The applicant is requesting preliminary and final plat approval of Highland Heights, Part Two, a 22.33 acre, 3 lot subdivision located in Fringe Area 4 in the southeast quadrant of the intersection of Highway 1 and Dingleberry Road. The proposed subdivision is a resubdivision of Lot 5 of Highland Heights. The proposed subdivision creates Lots 6 and 7 and Outlot A, which contains the stormwater management area. ANALYSIS: The Fringe Area Policy for Area 4 states that a limited amount of residential development will be permitted east of Highway 1. When residential development does occur, the following conditions should be met: The development will not require construction of reconstruction of a public road by the City or County, No public road construction or reconstruction will be required by the proposed subdivision. Access is provided via Dingleberry Road, which according to the County Engineer is adequate to handle traffic anticipated from this subdivision. Access for Lot 7 should not be allowed onto Highway 1, and note should be placed on the plat stating that Lot 7 will only be allowed access to Dingleberry Road. 2. The Proposed development will not have a negative impact on surrounding properties. The proposed subdivision will result in one additional residential lot being created which should have minimal impact on the surrounding properties. 3, Conflicts between residential development and existing farm uses should be minimized, Because only one additional residential lot is being created it is not anticipated that any significant increase in conflicts between residential development and farm uses will result. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. No significant natural areas have been identified on the site. 3 The proposed preliminary and final plat for Highland Heights, Part Two appears to meet the four standards for permitting limited development east of Highway 1 in Fringe Area 4 No public improvements are being provided; therefore, contour lines and construction plans are not required. Legal papers have been submitted and are being reviewed by the City Attorney's Office. The legal papers will need to be approved prior to City Council consideration of the plat. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat of Highland Heights, Part 2 be approved subject to a note being placed on the plat stating that access for lot 7 will be limited to Dingleberry Road and approval of legal papers prior to City Council consideration of the plat. ATTACHMENTS: 1. Location Map. 2. Preliminary and Final Plat. Approved by: Robert Miklo, Senior Panner Department of Planning and Community Development ~sub9516.cd --1 LOCATOON MAP $U~395-0016 HIQHL~ND HEll3HTS PART 2 ~l~h ST I~QX ':31 'iF -41i's'~ ...~..o~ s~1I~l .............~.~.~..,,~ ...... ,~.., ~, I }i ~ '~ ~ ~.;~ 1111 )] ~ /~ , '~ ,; RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART TWO, IOWA CITY, IOWA. WHEREAS, the owners, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part Two, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Commencing at the Northeast Corner of the Northwest Fractional Quarter, of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°O7'30"W, along the Northerly Line of said Fractional Northwest Quarter, and the North Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 406.23 feet to the Point of Beginning; Thence S00°52'30"E, along the Westerly Line of said Galway Hills Subdivision, Part One, 50.11 feet; Thence S14°48'11 "E, along said Westerly Line, 334.48 feet; Thence N82°50'O7"W, along said Westerly Line, 142.91 feet; Thence S25°13'53"W, along said Westerly Line, 125.41 feet; Thence SO3°03'15"W, along said Westerly line, 330.50 feet; Thence S17°21'05"E, along said Westerly Line, 114.75 feet; thence S02°40'27"W, along said Westerly Line, 178.55 feet; Thence Northeasterly, 76.62 feet, along said Westerly Line on a 359.58 foot Radius Curve, concave Northwesterly, whose 76.47 foot chord bears N86°34' 12"E; Thence S09°32'03"E, along said Westerly Line, 130.00 feet, to the Southwest Corner, of said Galway Hills Subdivision, Part One; Thence S67°38'08- "W, 11.61 feet; Thence N86°O3'50"W, 173.05 feet; Thence S42°41 '26"W, 101.30 feet; thence N47018'34"W, 19.93 feet; thence Northwesterly, 99.82 feet; along a 179.64 foot Radius Curve, concave Northeasterly, whose 98.54 foot chord bears N31 o 23'28"W; Thence S74°31'39"W, 140.O5 feet; Thence NO6°47'23"E, 155.65 feet; Thence Northwesterly, 112.56 feet, along a 179.64 foot Radius Curve, concave Northeasterly, whose 110.73 foot chord bears N65 o 15'35"W; Thence N42 °41 '26"E, 50.00 feet; Thence N37°34'14"E, 70.34 feet; Thence N21 °37'22"W, 542.61 feet; Thence N32°47'55"W, 206.73 feet, to a Point on the Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N57° 15'00"E, along said Easterly right-of-Way Line, 201.06 feet; Thence N00°30'OO"W, along said Easterly Right-of-Way Line, 44.00 feet; to its intersectior~ with the Northerly Line of said Fractional Northwest Quarter; Thence N89°O7'30"E, along said Northerly Line, 624.87 feet, to the Point of Beginning. Said Tract of Land contains 14.71 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform' with Chapter 354, Code of Iowa (1993) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this day of ,1995. ATTEST: CITY CLERK MAYOR db ' \City A~orney~f~e . _~'...~ 06/28/95 09:02 '~319 354 8982 PHEL~ I:'HELAN, TUCKI~, MULI. BN, BRIGHT & WALKIe, L.LP. ~AX {3:L9) 356-5009 Ms. Sarah E. Holecek Assistant City Attorney City of iowa City Civic Center 410 East Washington Street Iowa City, IA 52240-1826 IOWA thT~ IOWA June 27, 1995 Galway Hflls ~art Two Plat Dear Sarahl DAV-ED Limited here~ waives the airy (60) d~ imitation on coneid~ation of the Final Plat of Galway Hills P~t Two and rejects that the Co,oil defer action on ~e plat until its next re~l~ly s~ed~led Council Meeting. C~ha,r~.,..s ve~ truly, Attorney for~V-ED Limited CA~/lm STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0017; Galway Hills Subdivision, Part 2 GENERAL INFORMATION: Applicant: Contact person: Prepared by: Charles Denney Date: June 15, 1995 Dave-Ed Limited 317 N. Seventh Avenue Iowa City, IA 52245 Dave Cahill 351-5000 Approval of a final plat. Requested actiota Purpose: To permit development of a 24 lot residential subdivision. Location: Size: Existing land use and zoning: Surrounding land use and zoning: Southeast quadrant of the intersection of U.S. Highway 218 and Melrose Avenue, at the end of Galway Drive. 14.71 acres. Undeveloped; RS-5 North - Residential; PDH-1 East - Residential; RS-5 South - Undeveloped; RS-5 West - Undeveloped; RS-5 Comprehensive Plan: Applicable Code requirements: File date: Residential, 2-8 dwelling units per acre. Provisions of the Zoning Chapter, the Subdivision Ordinance and the Grading Ordinance. May 11, 1995 45-day limitation period: June 26,1995 60-day limitation period: July 10,1995 2 SPECIAL INFORMATION: Public utilities: Adequate water and sewer service is available to the site. A tap on fee will be required for sanitary sewer service. Public services: City sanitation service, and municipal police and fire protection will be provid- ed. Transportation: Vehicular access is available to the site via Melrose Avenue and Galway Drive. Transit service is not currently available to the site. The nearest bus stop is located on the Hawkeye route approxi- mately one-half mile to the east. Physical characteristics: The site contains former crop land, with rolling to steep topography, a grove of oak trees and a small pond. BACKGROUND INFORMATION: The subject property was conditionally rezoned from ID-RS to RS-5 in 1 991 The preliminary plat of Galway Hills, Part Two was approved by the City Council in April, 1995. The Conditional Zoning Agreement, approved with the rezoning required the developer to pay all cost associated with development of the site including but not limited to extension of water and sewer lines, pavement of streets and sewer upgrade fees, and to dedicate six acres of open space within the site. The final plat will need to be reviewed for compliance with these conditions. The preliminary plat was approved subject to submission and approval of a tree protection plan for the grove of oak trees on Lots 43 and 44 prior to approval of the final plat. ANALYSIS: Zoning Chapter Compliance The proposed subdivision appears to comply with the requirements of the RS-5 zone. The Conditional Zoning Agreement requires payment of all costs associated with development of the property. These costs include, but are not limited to, fees for the extension of water and sewer lines, overwidth paving of streets. This issue will need to be addressed in the legal papers. The agreement also requires dedication of six acres of open space. This issue will be discussed later in the report. Subdivision Ordinance Compliance, The proposed final plat for Galway Hills, Part Two appears to be in general compliance with the City's subdivision regulations. However, approval of the preliminary plat for the subdivision included a condition that a tree protection plan be submitted and approved by the City Forester for lots 43 and 44. The tree protection plan applies to the ten oak trees located on Lots 43 and 44, and should provide for protection of the trees during construction of both public and private improvements. The tree protection plan has been approved by the City Forester. Legal papers have been submitted and are being reviewed by the City Attorney's Office. These documents must address neighborhood open space, payment of sewer, sidewalk and water main fees, establishment of a homeowners association, responsibilities for maintenance of Outlot "A" and the island at the end of Donegal Place, and construction and maintenance of sidewalks adjacent to Outlot "A." Construction Plans have been submitted and are being reviewed the Public Works Department. Both the legal papers and the constructions plans must be approved prior to City Council consideration of the final plat. Part 2 of the subdivision contains 14.63 acres, which results in an open space requirement of 0.33 acre. The open space shown on the plat within this part of the subdivision has been reviewed by the Open space Committee of the Parks and Recreation Commission and they found that the area did not meet the criteria spelled out in the ordinance and should not be credited toward meeting the Neighborhood Open Space requirements. The Conditional Zoning Agreement requires dedication of six acres of open space within the entire Galway Hill Subdivision. The legal papers should include a reference that the 0.33 acre of required open space will be provided as part of the six acres of open space required to be dedicated by the Conditional Zoning Agreement. STAFF RECOMMENDATION Staff recommends that SUB95-0017, the final plat of Galway Hills Subdivision, Part Two, be deferred, but that upon resolution of all deficiencies and discrepancies, the plat be approved subject to approval of legal papers by the City Attorney's Office and Construction Plans by the Public Works Department prior to City Council Consideration of the plat. DEFICIENCIES AND DISCREPANCIES 1. Correct labeling of all easements. 2. Street widths should be consistent with the preliminary plat. 3. Legal description should be corrected ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development · · LOCATOON ~AP $LJB95-00~7 GALWAY HILLS SUB. PT.2 The following materials regarding this item were submitted by neighboring property owners or other interested persons. Galway Hills Neighborhood Association, 29, Galway Circle, Iowa City, IA 52246-2766. June 13, 1995. The Planning and Zoning Cg. mmittee, I recently received the "Tree Protection Plan" for Galway Hills Subdivision - Part Two which has been approved by the City of Iowa City. The tree comments/observations does not appear to be a particularly learned report and now that the trees have come into their full foliage one could dispute the comments on leaf output. My overall view is that the ten measures to be taken to ensure that the trees are not damaged during construction are exactly what is needed and if adhered to would protect most of the trees, Those involved in the preparation of this plan have done an excellent job. As usual I have a few pertinent questions which I would be most grateful if you would address for me in writing, Firstly, I do not understand why parts of the "maximum buildable area" are depicted as being inside the proposed barrier if the object of the barder is to keep excavations outside of this area. Perhaps I misunderstood some aspect of the plan. Secondly, the ten measures suggested to protect the trees will only be of benefit if they are honored. I would like to know who would be responsible for implementing these measures and for overseeing the protection project as a whole. It would be great for the neighborhood to have a contact person if mistakes are inadvertently made. The plan is well thou[jht out and implementation is my major concern. Yours sincerely Lorna Jane Warnock RESOLUTION NO. 95-159 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN WOOD, PART 9, IOWA CITY, IOWA, WHEREAS, the owner, Tom Lepic, filed with the City Qerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walden Wood, Part 9; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walden Wood, Part 9, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 27th day of June , 1995. ATTEST:ciTY~LERK It was moved by NOVfLck and seconded by adopted, and upon roll call there were: Baker the Resolution be AYES: NAYS: ABSENT: X x x X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdadmin~waldnwd9,~es STAFF REPORT ? !"':"' ' Prepared by: Charles Denney Date: June 15, 1995 To: Planning and Zoning Commission Item: SUB95-0018; Walden Wood, Part 9 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Tom Lepic 500 S. Dubuque Street Iowa City, IA 53340 351-8811 Approval of a preliminary plat. To allow a six lot residential subdivi- sion. West side of Walden Road, South of Sylvan Glen Court. Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: 3.01 acres. Vacant; RS-8 North ~ Residential; PDH-12 East - Retirement Center; PDH-12 South - Vacant; RS-8 West - Residential; RS-8. This site lies at the projected boundary between low density (2-8 DU/A) and medium density (8-16) DU/A) residen- tial areas. Applicable Code requirements: Provisions of the RS-8, Medium Density Single Family Residential zone; and the Subdivision Regulations. File date: May 24, 1995 45-day limitation period: July 10, 1995 SPECIAL INFORMATION: Public utilities: City sewer and water are available to the site. Public services: Transportation: Physical characteristics: Police and fire protection will be provid- ed by the City. Sanitation service will be provided by the City. This site is located near two transit routes: The Westwinds route at Mor- mon Trek Boulevard and Benton Street, and the Plaen View route at Mormon Trek Boulevard and Rohert Road. The site is located along a hillside, sloping downward from south to north, with a total elevation change of 38 feet. There are some trees located on the southern one-third of the site. BACKGROUND INFORMATION: The applicant, Tom Lepic, is requesting preliminary plat approval for Walden Wood, Part Nine, a six lot, 3.O1 residential subdivision located on th-. west side of Walden Road, south of Sylvan Glen Court. This is the same property where the applicant requested a rezoning to OPDH-8, to allow a 24-unit condominium development, which was not approved by the Commission. ANALYSIS: Zoning Chapter Compliance The proposed subdivision appears to comply with the requirements of the RS-8 zone. All of the proposed lots exceed the minimum lot area of 8700 square feet required for duplex development in the RS-8 zone. Subdivision Ordinance Compliance Neighborhood Open Space. The proposed subdivision is located in the West High neighbor- hood open space district which has an open space deficit of 9.41 ac~es. Development of this site will require dedication of O.11 acre of open space. The applicant is proposing that Outlot "A", containing 1.73 acres be dedicated to the City for open space. The Parks and Recreation Commission previously endorsed dedication of a portion of proposed Outlot "A" for trail development. The Commission will consider whether to accept the entire parcel at their June 14 meeting. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Walden Wood, Part 9 be approved, noting that issues related to neighborhood open space will need to be resolved prior to City Council consideration of the plat. 3 ATTACHMENTS: I. Location Map. 2. Preliminary Plat Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development HIGH SCHOOL EELROSE PARK ROHRET R' ::':'"'~~ Preliminary Plat Walder~ Wood, Part, 9 A Fiesub, of Lot 78, Walden Wood Pt. 7, lows City, la Iowa City, Iowa 10~A CiTY LOCATION ~AP NOT TO SCALE LEGAL DESCRIPTION: I' LEGEND AND NOTES RESOLUTION NO. 95-160 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 HOME INVESTMENT PARTNERSHIPS PROGRAM BUDGET. WHEREAS, the City of Iowa City is the recipient of HOME Investment Partnership (HOME) funds granted by the U.S. Department of Housing and Urban Development (HUD); and, WHEREAS, on April 25, 1995, the City of Iowa City adopted Resolution 9549, authorizing filing of the 1995-2000 Consolidated Plan (CITY STEPS); and, WHEREAS, the use of certain 1994 HOME funds was an element of the funding detailed in the CITY STEPS Action Plan; and, WHEREAS, it is the objective of the HOME progran~ to address the needs of low and moderate income persons; and, WHEREAS, it is in the public interest and required by HUD to amend the 1994 HOME budget to accurately reflect the allocation of HOME funds as shown in Exhibit A attached hereto and hereby made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The amendment to the 1994 HOME budget as described in Exhibit A is hereby authorized and approved. The City Manager is hereby directed to file said amendment with the U.S. Department of Housing and Urban Development. Passed and approved this 27th day of June ,1995, ATTEST: ~.4~ CITY CLERK ,-ZZ g rney's Office plxtcdbg~homcamd.te* Raaolutlon No. 95-160 Page 2 It was moved by _ Kubb7 and seconded by adopted, and upon rol~ call there were: __Pigott · AYES: NAYS: ABSENT: X X ,the Resolution be Baker Horowitz Kubby x Lehman Novick ,, Pigott Throgmorton · · ~ Exhibit A 1994 HOME PROGRAM BUDGET (AME MENT) Budget As Amended US~ OF HOME FUNDS April 1994 June 1995 Administration $ 30,000 $ 30,000 Tenant Based Rent Assistan~ 0 $150,000 CHDO Set-aside $185,000 $ 0 Greater Iowa City Housing Fellowship - CHDO$ 0 $150,000 Hawkeye Area Comm. Action Program -CI-IDO $ 0 $ 35,000 Replacement and Reloeation oflVlanuf. Homes$150,000 $ 0 Moderate Rehab of Manufactured Homes $ 35,000 $ 0 Substantial and Moderate Rehab (Owner- occupied, single-family homes) $100.000 $135.000 TOTAL $ 500,000 $ 500,000 RESOLUTION NO. 95-161 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 PANCHEROS, INC. 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, Inc. applied for temporary use of the public right-of-way described above for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk care and found these to be in compliance with the regulations adopted by Ordinance 95-3676; 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 attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. 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 to the applicant. 2. The City Clerk is hereby directed to record this Resolution with the Johnson County Recorder at City expense. Passed and approved this 27th day of .Tune , 1995. ATTEST: ,/~~ CIT'P CLERK A~me¥'s Office Resolution No.95-161 Page 2 It was moved by Kubby and seconded by. Throgmorton adopted, and upon rol~ call tl~ere were: the Resolution be · AYES: NAYS: ABSENT: x x X ,x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND L~'~t=. ~)oAI~,/,=f.T~. FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF WAY AT ~,7. 5. d_~--{-~ IOWA CITY, IOWA This Agreement is made between Landowner (~O~t~,~'"~., t~. {~¥,~.,.=-t-~ .. and Tenant [.~r[~. j~,~.,f4~'~, ~ ~.,~-~-~,~;~-c. and the City of Iowa City, Iowa, a municipal corporation, WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk care; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk care, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions -~-~ fo ~rt~in this Agreement, said use is in the public interest, 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Landowner b~t~,. ~-9. ~9,,~,~'.~.. owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: ; and Landowner has given Applicant/Tenant permission to operate a sidewalk care as herein provided. Applicant/Tenant f_,~,~ J~,,~7.~,~.~. ~- ~.~--~.¢~.~r-~c. {hereafter "Appli- cant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk care, as permitted by City regulations. City staff and the Design Review Committee have reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- rary use of the public right-of-way as a sidewalk cafe in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk care, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by th~ City of Iowa City :.-:~.' Applicant further acknowledges and agrees that no property right is c~.~rre~--~y agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk care required by the City's schedule of Class II insurance coverage. 10. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor'.r~rnish~gs,.aQ~d equipment when the sidewalk care is not operating. In the event of a breach of this agreement, the City may, at its sole d?retiq~, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (1993). In the event Applicant does not' comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area ~.' no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza of abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A, 13, Dated this 5 Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continua in full force and effect as though severable from the invalid portion. /'~' day of ,1995, CITY OF IOWA CITY, IOWA Susan M, Horowitz, Mayor Attest; /~~ ,~, Maria'h K, Karr, City Clark '~ A/p, pl?nt\Te~ l~l,l'M]'~/Landowner d / Approved ~: , , ~/Landowner Applicant LANDOWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I~ day of ~1~,~' ,1995, before roe, the undersigned,.a Notary Public in a'nd for the State ~'lc~wa, personally appeared W' ~.m,v~ //~. '~.~1)'),~.'t~ , to me personally known, an('t-adknowledged the execution of the foregoing ~tru~ent to be his/her voluntary act and deed and by himlher voluntarj~"'~cuted. Notary(~Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT STATE OF iOWA ) ) SS: JOHNSON COUNTY) On this IS day of ~ ~-,, , A.D. 19 ~,~, before,,~ne, the undersigned, a Notary Public in and for ths(~te of Iowa, personally appeared /~F/¢~"A. ~ ' ~'r ' to me personally kno~yn, who, being by/me duly sworn, didsaythat~/heF~the ~.l?e..~.~;~rl~- and-"~q.~c~Fer"' ,eo~:,,~..~¥,of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed ~) on behalf of .~.~. ~ ,~'~,'lJ~,l~,, e~~l~,~.~-') said corporation by authority of its Board of Directors, and that the said ~. as such officer~¢acknowledged the execution of sai~'in§trument to be the voluntary act and deed of said corporation, by it and by .~voluntarily executed. Notary ~Jblic in and for the State of Iowa 7 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z"/~/t day of ,J~ , 1995, before me, ~z=f , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personafly 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 Resolution No. ~-/4~/ passed by the City Council on the ~.? +,L day of J~.~, , 199~, and that Susan M. Horowitz 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 City of Iowa City -MEMORANDUM Date: June 16, 1995 To: City Council From: Laura Hawks, Chair Design Review Committee Re: Sidewalk Care at 32 S. Clinton Street (Panchero's) At its June 12, 1995, meeting, the Design Review Committee, by a vote of 5-0, recommended approval of the design of the sidewalk care to be located at 32 S. Clinton Street along the Washington Street side of Panchero's. As part of the Committee's approval, it recommended approval of the substitute material for the tables shown by the applicant at the meeting. As with the sidewalk care application for Blimpie's, Committee members once again expressed concerns regarding the materials being used for the tables and chairs, but the Committee understands the applicants' desire to use lightweight material that can easily be removed every night. A,P ' .ICATION FOR SIDEWALK CAFE (Title 10, Chapter 3) Fee: The undersigned hereby applies for a Sidewalk Cafe: 2. 3. 4. Name of Applicant: Doing Business As: ,-~-.-~-C.~-.~o ~, --~. Street Address: ~'" sq. if. X $5.00 sq. if. = $ -.~ YS' Size of Sidewalk Cafe: REQUIREMENTS FOR SIDEWALK CAFE: B. To Be Completed Bv Applicant: Attach a diagram (no larger than 8½ x 14) cleady showing sidewalk care area; seating; and a picture or illustration of amenities and method of delineation. Attach Certificate of Insurance acknowledging insurance coverage specifically including an endorsement for use of public dght..of-way as a sidewalk care in the amounts shown below, (1) (2) Type Comprehensive General Liability (1) Bodily Injury (2) Property Damage Per Person Per Accident $500,000 $100,000 $250,000 b. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. (3) Attach a list stating the names and addresses of owners and tenants of three properties on each side of the establishment. For estab.hshmCnts with current beer or l~quor I~censes.only.· (1) . ~I State 'app!ioafion (2) Endorsement= front' your insurance company ac~nowl~lging dramshop insurance. 1 he person(s) makmD th~s al~p!,cat,on hereby agrees to comply at a.'~t~mes,.and observe all provisions 'of Chapter !23, Code ~f. Iowa,. and all laws of this State and the rules' and ragu!ati0ns pro'mulgated. by the Icw~ Beer and Liquor Departmeht relating to liquors, 'alcohol; and malt or brewed beverages. Each application must be reviewed by the Design Review Committee. Regular Design Review meetings are scheduled fo_r.the third Monday of each month. Applic~t Signature A minimum of ten (~ 0) working days is required for notification to property owners and tenants, and staff review (excluding Design Review schedule). Over cle,~,~fe.app C, To Be Reviewed Bv City Staff: " "*, THE SIDEWALK CAFE PLAN MEETS THE FOLLOWING REQUIREMENTS: (1) ~ Must be a restaurant and contiguous to premises [10-3-1]. '"~?~'~* (2) Proper delineation [10-3-3(B)(3)]. (3) Seating Accommodations [14-5], [10 3(F)(3) (4} Exit and Restroom Requirements 3 ; 10-3-3(F)(4)]. (5) Amplified Sound Equipment Prohibited [10-3-3(D)(1)]. (6) Advertised Signage Prohibited [10-3-3(F)(2)]. ~ .... (7) ,~ Unobstructed 8 foot Pedestrian Walkway [10-3-3(B)(1)] (8),~ Alley and Street Comer Requirements [10-3-3(B)(2)] -.. Fire [y~ Approved [ ] Denied ~ "" Size of Sidewalk Care: /rd~ sq. if. X $5.00 sq. if. = $ ? ~,.~,, Building Inspection Approved [ ] Denied Police [/~ Approved [ ] Denied .~95 8'/ city :! o,va C,! This endorsement modifies such insurance as is alforded by the provisions of the policy relating to the following designated insurance: r~ LIQUOR LAW LIABILITY May 25, 1995 In consideration of the premium charged, it is hereby understood and agreed that the preaises covered under the policy are exte~nded to include the outdoDr service area. O~/15/95-OW15/% Must Be Completed ENDT. NO. POLICY NO. 2 LLP133379052 This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below. at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement 15 Not Prepared with the Policy O._~r I$ .Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT dba Panchero's, Inc. 04/15/95 Ca~umb~ ~ Dom~n~ ¢NA Blank Endorsement C-17013-A Countersinned by EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND .:~_ ( . .~..,-,,-..T} ',-;. FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT :'. IOWA CITY, IOWA , . ,,. ,~.[ - This Agreement is made between Landowner .o .,.,: .... ~;; .~*.... and Tenant - ' - ' - ~.~-,.. ~f-~,, ,.:,-- r ~,.---. and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed. sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and - · = WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner .>~,, ~',, ~.~ .~,. ~-~¥? .-.~,-~., owns certain reel estate abutting the public right*of-way located in Iowa City, Iowa, at the following street address: ; and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided, cant"} occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe. as permitted by City regulations. City staff and the Design Review Committee have reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests, Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- rary use of the public right-of-way as a sidewalk care in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. 'City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred .by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and 'or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishir~gs and equipment when the sidewalk care is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other obje(~ts from the City's right-of*way, as provided in §364.12, Code of Iowa (1993). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (~.' no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza of abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. 1 3. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this .'-'-,.'t day of .}~ ',~,'- , 1995. CiTY OF IOWA CITY, IOWA By Susan M. Horowitz, Mayor Attest: Marian K, Karr, City Clerk Appli'c~nt/Tenant Applicant\Tenant ~/Landowner Applicant ,'.. &l~/Landowner Applicant Approved b~: City Attorney's Office ~. 21- 6 LANDOWNER'S ACKNOWLEDGEMENT STATE OF iOWA ) ) ss: JOHNSON COUNTY ) On this day of ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT STATE OF 10WA ) ) ss: JOHNSON COUNTY ) On this __ day of ,A.D. 19 ' , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and.: , to me personally known, who, being by me duly sworn, did say that they a~e the ' '... and , respectively, of said corporation executing the ~,ithin and f~regoing instrument to which this is attached, that (no seal has been.procured by the said) corporation; that said instrument was signed sealed) on behalf of ('~'~seat.affi~ed-thereto. is-the seat-o~said) said corporation by authority of its Board of Directors; and that the said as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by the. m voluntarily executed. Notary Public in and for the State of Iowa 7 CITY'S ACKNOWLEDGEMENT STATE OF IOWA JOHNSON COUNTY On this day of , 1995, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. passed by the City Council on the day of , 1994, and that Susan M. Horowitz 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 RESOLUTION NO. 95-162 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY95 PARATRANSIT SERVICE BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY. WHEREAS, there is an existing 28E Agreement for FY95 paratransit service between the City of Coralville, the City of Iowa City, and Johnson County; and WHEREAS, ongoing negotiations for FY96 paratransit service has produced the need to extend the FY95 Agreement; and WHEREAS, Section IV "Duration" of the FY95 Agreement permits an extension of the Agreement beyond June 30, 1995, by mutual agreement of the parties; NOW, THEREFORE, IT IS AGREED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. The Mayor is authorized to sign and the City Clerk to attest the extension Agreement for FY95 paratransit service between the City of Coralville, the City of Iowa City and Johnson County. 2. In accordance with Section 28E Code of Iowa (1993) the City Clerk is authorized to file said extension Agreement with the Secretary of the State of Iowa and County Recorder of Johnson County, Iowa. Passed and approved this. 27th day of June ,1995. CIT~' CLERK /~ov~Y~ by ~ov~ ~k adopted, and upon roll call there were: and seconded by ThroRmorton the Resolution be IccogtCptmextres AYES: NAYS: X X X ABSENT: Baker Horowitz X Kubby X Lehman Novick Pigott Throgmorton Extension Agreement for'FY95'Paratransit Service Between the City of Coralville, the City of Iowa City, and Johnson County This extension agreement is made and entered into by and between the City of Coralville, Iowa; the City of Iowa City, Iowa; and Johnson County, Iowa, WHEREAS, there is an existing 28E agreement for FY95 paratransit service between the City of Coralville, the City of Iowa City, and Johnson County; and WHEREAS, ongoing negotiations for FY96 paratransit service have produced the need to extend the FY95 agreement; and WHEREAS, Section IV, "Duration," of the FY95 agreement permits extensions of the current agreement beyond June 30, 1995, by mutual agreement of the parties, NOW, THEREFORE, it is agreed by and between the City of Coralville, the City of Iowa City, and Johnson County: That the existing 28E agreement for FY95 paratransit service between the City of Coralville, the City of Iowa City, and Johnson County is hereby extended for a period of thirty-one (31) calendar days to July 31, 1995. For the extension of the FY95 paratransit service agreement from July 1, 1995 to July 31, 1995, Johnson County shall be reimbursed 87,335 by the City of Coralville and $39,035 by the City of Iowa City. In all other respects, the terms of the FY95 28E agreement for paratransit service remain in effect. This extension agreement represents the entire extension agreement between the City of Coralville, the City of Iowa City, and Johnson County for paratransit service. It may be amended only by a written instrument signed by all parties. Dated this _ )~day of ,7.azl'~ Y : ORALVl WA Alloff A~een, Mayor ~ ,1995. CITY OF IOWA CITY, IOWA Susan M. Horowitz, Mayor Attest: City Clerk JOHNSON COUNTY, iOWA Attest: Charles Duffy, Chairper~ Board of Supervisors Attest: ~ /~ ~ County Auditor IOWA CiTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z,~& day of ~ , 19 ~/5 , before me, ~_ ~: , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 (Resolution) No. ~5~ f~,Z- passed by the City Council, on the ~?~' day of ~ ,19 ?.~ , and that Susan M. Horowitz 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 CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /~ day of '-~ /V , 19 P.5', before me, .- _~lea ~.~o.-~--~¢r- , a Notary Publ~c in and for the State of Iowa, personally appeared Allan Axe~n 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, as contained in (Ordinance) (Resolution) No. ~'--~ passed by the City Council, on the ~? ? day of ~'~/'1 ~'. ,19 ~,~', and that Allan Axeen 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 and for the State of Iowa '3 STATE OF IOWA ) ss: JOHNSON COUNTY , a'Notar/y' Public in and for the State of Iowa, personally appearel~ Charles D. Duffy and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and 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 inst)'ument was signed and sealed o,n behalf of the corporation, by authority of its Board of Supervisors, as,~o)~ta)~e~in )~O¢in,a'nc, e) {,ResFfut~n),No/ / / . /~as~'e¢ (trpe,Re~solu, t~o~3,~d,d'pt.~d) ~;~L.,the/Bqar~/ q,( $..,~p,~vi~'~rs~, u~de~ P~11 ~all~_~o// / //of/~'he,'~oa~ x~f ~'ul~r~sor~ on the , ~//.-~, d.ay .of .~.~.<.~'.~. , 19 ~.-~ , and that Charles D, Duffy and Tom Slockett acKnowleaged the ~ecutio,ff 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 PAUL D. PATE S~CRETARY OF S'I'AT~ HOOVER BUILDING STATE OF IO%VA DES ~¥IOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 27, 1995 Marian K. Karr City of Iowa City 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the City of Coralville, and Johnson County Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 27, 1995. Sincerly, Paul D. Pate Secretary of State PDP/skr Enclosures RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 92-329 AND APPROVING THE REVISED DESIGN OF CARNEGIE PLAZA, THE PROPOSED DEVELOPMENT AT THE CORNER OF COLLEGE AND GILBERT STREETS. WHEREAS, pursuant to Resolution No. 83-13, dated January 18, 1983, the City Council authorized execution of a contract for sale of the Old Public Library and adjacent parking lot; and WHEREAS, this contract obligated the buyer of the parking lot, G.W.G. Investments, to submit building designs for Council approval for any development of the parking lot; and WHEREAS, the City Council adopted Resolution No. 92-329, approving the building design for a building called Carnegie Plaza, and WHEREAS, revised design plans for a four-story mixed use building called Carnegie Plaza have been submitted and reviewed by the City staff, and WHEREAS, the City staff has recommended approval of the revised building design plans. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 92-329, approving the building design plans for Carnegie Plaza, is hereby rescinded. The City Council hereby approves the revised building design for Carnegie Plaza as shown on plans submitted by G.W.G. Investments dated May, 1995, as required under the contract for sale of the Old Public Library and adjacent parking lot. This Resolution shall supersede Resolution 92-329 as rescinded above. Passed and approved this day of ,1995. ATTEST: CITY CLERK MAYOR CLGILBERT STREET '-- 86' 87' 88' CLGILBERT STREET- C~GII~BERT STREET- U.I .U [,I [ILLI ]] LL~-UILU~_ JliLJ .... ._ _ _. I~' __ r~ ..% . ,;' ..:.-;., ;;. .. '~. . , ....... , . . .' City of Iowa City MEMORANDUM Date: To: From: Fie: June 22, 1995 City Council Karin Franklin, D~reclor, Carnegie Plaza Building Design R~view The Council is being asked to review and approve building design plans for Carnegie Plaza, a development project located on the old library lot. When this lot was sold to G.W.G. Investments in 1983, a condition of the sale was Council approval of any building design plans. In 1992, the Council approved by resolution design plans for a building called Carnegie Plaza. Construction of this building was delayed due to environmental problems on the site and lease negotiations with the primary tenant. The environmental problems have been resolved and the tenant, New Pioneer Cooperative, has worked through the lease negotiations sufficiently to warrant investment in building design plans. New Pioneer's plans result in a building design that is significantly different from the 1992 approved design. Therefore, review and approval of the new plans is necessary. The Design Review Committee has completed a courtesy review of the project; a memorandum from Laura Hawks, the Chairperson of the Committee, is included in the Council packet, Also included are the minutes of the May 10 Board of Adjustment meeting during which the Carnegie Plaza project was granted the right to have at-grade sheltered parking on-site, These minutes are included at New Pioneer's request, The project architect will make a presentation at the Monday night work session, A resolution of approval is on the Council's formal agenda, e · City of Iowa City MEMORANDUM Date: June 19, 1995 To: City Council From: Laura Hawks, Chair Design Review Committee Re: Courtesy Review of Carnegie Plaza At its meeting of June 12, 1995, the Design Review Committee held a courtesy review of Carnegie Plaza. Given that the review was a courtesy review and that the materials presented were preliminary in nature, the Committee is not forwarding a formal recommendation but is forwarding some general comments regarding the project's design. Concerns the Committee initially had about possible building walls without architectural detailing and traffic flow problems were quelled after the project architect presented his plan. The general consensus of the Committee is that the design of the project is unique and interesting and that it furthers the diversity of architecture in downtown. The parties involved in the project appear to have goals similar to that of the Committee, and the Committee encourages the applicant to complete the project as it was presented to the Committee. Though membem of the Committee expressed concern regarding the mass and height of the building, nearly all of the members applauded the project amhitect's attempt to break up the mass of the building through the use of various design elements. The Committee encouraged the applicant to continue to find additional means of visually reducing the scale of the building. Additional comments from Committee members regarding the design of the project are included in the June 1~, 19951 minutes. The Committee would like to thank the City Council for providing us with the opportunity to review the design plans for Carnegie Plaza. tpl-2.ds MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 10, 1995 - 5:30 P.M. CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Bill Haigh, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Anne Burnside, Jeff Haring OTHERS PRESENT: Theresa Carbarey, John Rummelhart, Jr., Dick Pattschull CALL TO ORDER: Chairperson Vogelzang called the meeting to or'der at 4:30 P.M. CONSIDERATION OF THE APRIL 12, 1995, MINUTES: MOTION: Bender moved to approve the minutes of the April 12, 1995, meeting of the Board of Adjustment as pdnted. Lehman seconded. The motion carried on a vote of 5-0. SPECIAL EXCEPTION ITEM: EXC95-0010. Public hearing on a request submitted by Carnegie Plaza Partners, on behalf of property owners GWG Investments, for a special exception to permit off-street parking for property located in the CB-10 zone at 315 E. College Street. Rockwell said the Board had previously approved a special exception on September 8, 1993, to permit 69 underground parking spaces on the site. Since that date, the Board .had granted three six-month extensions to allow the applicant to resolve soil contamination ~ssues and complete its negotiations with New Pioneer Co-op, the prospective commemial tenant for the proposed commercial/residential structure. The last extension was granted by the Board on April 12, 1995. Rockwell noted that except for hotels or motels, private off-street parking can only be provided in the Central Business (CB-10) zone through the granting of a special exception. She said the applicant now requests approval of a special exception to permit surface parking as well as underground parking to better serve the proposed grocery store by facilitating easier access to parking stalls. A marketing study completed by consultants for tim New Pioneer Co-op suggests that the proposed store should have close to 70 parking spaces on the site to be viable. The applicant requests that the Board consider allowing 48 underground parking spaces and permitting 18 surface parking spaces immediately west of the building, for a total of 66 on-site parking spaces. All but one of the 48 underground parking spaces and all 18 surface parking spaces are intended for the exclusive use of grocery store clientele. The actual number of parking spaces requested is for three fewer spaces (66 instead of 69) than the Board previously approved for the site. Rockwell said the applicant has submitted a revised plan that now incorporates a mezza- nine level restaurant above the sun'aca parking on the west side of the building. If the requested special exception was not approved, the applicant would not be able to provide Iowa City Board of Adjustment May 10, 1995 Page 2 surface parking on the property. The area now proposed for surface perking could be replaced with commemial floor area and/or open plaza area. The applicant has attempted to compensate for the space taken up by the surface parking by introducing a mezzanine level into the design of the building. The restaurant/kitchen area and the grocery store offices are now intended to be located on the mezzanine level rather than the ground level, The total amount of commemial floor area (approximately 20,000 square feet) has not changed with the redesign of the project to include surface parking. Rockwell noted that although the same amount of commercial floor area will be retained, the potential streetscape development for this property will be altered. The current building design does not have a continuous, ground-level commercial storefront along College Street. Also, the amount of pedestrian plaza open space will be diminished from what was to be provided with the previous design. However, the applicant does intend to include some amenities to enhance the remaining pedestrian plaza area. The applicant also intends to include a combination of screening techniques to meet the screening requirements of the Code. Rockwell said the revised plan appears to meet the screening requirements for both the underground and surface parking areas. Rockwell pointed out that the underground parking area will have an entrance from the alley to the south, and exits either to the alley or via a one-way exit drive onto College Street. The surface parking would be accessed using a one-way drive from College Street and exit to the alley. City staff have reviewed the proposed access points and have determined that they are acceptable, as long as the driveway from the underground parking to College Street remains a one-way exit. A sign cautioning drivers exiting the parking lot at College Street to yield to pedestrians should be provided, and City approval of the exit driveway design should be required to assure adequate sight distance for both pedestrians and vehicles at this point on College Street. Rockwell said the Board will need to weigh the value of having a grocery store downtown against the problems associated with allowing surface parking to exist. Overall, staff views the requested exception as balancing in favor of the public interest. Rockwell said staff recommends that EXC95.0010, a special exception to permit up to 66 on-site parking spaces; 48 underground parking spaces and 18 surface parking spaces for property located in the CB-10 zone at 315 E. College Street be approved, subject to 1) City approval of the screening provided for the surface parking area, 2) the applicant providing either a stop sign or a yield sign cautioning drivers exiting the underground parking lot onto College Street to yield to pedestrians, and 3) City approval of the College Street exit drive design to assure adequate sight distance. Public hearing: Theresa Carbarev, 4110 Winter EaQle Road SE, Education Director for the New Pioneer Co-op, said the Co-op wishes very much to remain downtown and would like to locate on the proposed site. She said it is important to the Co-op to attain a safe, active and pedestrian friendly facility. Carbarey said a grocery store downtown that includes a delicatessen is a great attraction for the downtown. Carbarey also stated that in retail foods, accessible parking is an essential. Carb,arey described the typical shopper and the impodance of accessibility. Iowa City Board of Adjustment May 10, 1995 Page 3 Carbarey described amenities to be included on the site to make it pedestrian friendly, both on the ground level and in the underground parking area. Carbarey explained that one-third of the New Pioneer Co.op clientele arrives at the store on foot. At the same time, the store feels it is important to supply accessible, surface parking that is exclusively set aside for store patrons. Carbarey described the sidewalk placement, open space design and several other amenities the Cooop has introduced to make the design attrac. rive, handicapped-accessible and user-friendly for all people, including families. Carbarey once again stated that the Co-op feels it is imperative to provide the surface parking. Carbarey said their research tells them that if significantly fewer than 70 parking spaces are provided on-site, the site will not be viable for the store, Haigh asked whether bicycle parking is to be provided on-site, Carbarey said yes, and deferred to Dick Pattschull, Dick Pattschull, 315 Fairview Avenue, architect for the Co-op, said the plan is to provide bicycle parking just to the side of the front entrance. Pattschull said the Co-op would look into the possibility of providing bicycle parking along the north side of the building as well. Pattschull explained the dilemma of trying to design for parking that was visible, yet invisible. Pattschull said the mezzanine would extend across the south side of the building as well as west side, and would include the stairway on the west side to and from the underground parking level, thus providing an alternative means of access. Pattschull said the Co-op is proposing angle parking, rather than 90 degree parking, as angle parking will be more user friendly. Lehman asked how the Co-op intends to control the parking in order to make it exclusive to store patrons. Carbarey said the Co-op had looked into several measures, but decided that Co-op employees, who could serve as on-site monitors, shopping cart attendants, shoppers' aides, and roving security eyes, would provide the best and most convenient measure. Lehman asked how many parking spaces in the City parking lot will be lost to construction on the site. Rockwell said the parking lot was never intended to be permanent; the parking spaces have been replaced by spaces located in the Chauncey Swan parking facility. Lehman was skeptical about providing 99 efficiency apartments in the structure in addition to the commercial space for a business that needs a good deal of accessible, on-site parking to be viable. He didn't feel there was a net gain in parking spaces. Lehman felt that a majority of the apartment dwellers will own an automobile and asked if this has been taken into consideration. Rockwell said the residential tenants will need to make other arrangements for storing their vehicles and some may not own a vehicle. Residential tenants will not be allowed to park on-site. Rockwell said these provisions are consistent with the intent of the CB-10 zone, which is to deter parking, especially surface parking, which is consumptive of land intended to have high intensity commercial uses. Rockwell added the policy also supports the provision of parking in public parking facilities and ramps in the downtown. Rockwell said it is likely that another public parking facility will be constructed south of Burlington Street. John R. Rummelhart, Jr., P.O. Box 3108, Iowa City, prospective developer of the site, said that if apartment dweller parking is a concern to the City, they would be more than happy Iowa City Board of Adjustment May 10, 1995 Page 4 to look into the possibility of providing another level of parking below the underground parking. Rummelhart also clarified that perhaps 10 of the approximately 99 apartment units will be one-bedroom units. Rummelhart described how, as opposed to most devel- opment downtown, the plan also intends to place the structure ten feet off of the alley in order to contribute to pedestrian and auto traffic flow. Rummelhart said the design of the revised plan works rather well in meeting all aspects of Code requirements and the Co- op's needs. Rummelhart said they can su~ive without the Co-op as the commercial entity for the site, but the Co-op has made extraordinary efforts and done significant research in order to work within the layout of this particular site. Rummelhart felt the proposed changes are not that much of an alteration from the original design plans, and are perhaps an improvement. The public hearing was closed, MOTION: Eckhardt moved to approve EXC95-0010, a special exception to permit up to 66 on-site parking spaces (48 underground parking spaces and 18 off-street surface parking spaces) for property located In the CB-10 zone at 315 E. College Street, subject to: 1) City approval of the screening provided for the surface park- ing area, 2) the applicant providing either a stop sign or a yield sign cautlonlng drivers exiting the underground parking lot onto College Street to yield to pedestri- ans and 3) City approval of the College Street exit drive design to assure adequate sight distance. Halgh seconded the motion. Haigh said it appears to him that the revised plan would provide an attractive amenity for the downtown district. There is an apparent need for a food outlet in the central downtown area. Haigh did voice his reservations about the practicality of having such a vast number of efficiency apartments, but said that aspect is up to the developer. Haigh said the plan meets the requirements and intent of the CB-10 zone. He said he'd definitely vote in favor. Eckhardt agreed with Haigh, She felt the plan had been well thought out. Eckhardt was a little dismayed about the lack of parking the Central Business zone requires, especially if tenants are allowed to live in the zone, but did agra[; that the policy helps support the City's philosophy of creating a good pedestrian environment, She felt the design now proposed by the applicant was a good solution for providing needed parking for the grecery store, Eckhardt said she would vote in favor of the special exception. Vogelzang commended the Co-op and the City planners for their attention to detail in the changes to the design of the development. Vogelzang said although he would rather do without the parking facility altogether, he does appreciate the idea of angling the parking spaces. Vogelzang felt the adjacent surface parking is a major contribution to the plan. Vogelzang said he is in favor of the changes. Bender agreed with her colleagues, She said as someone who regularly shops at the Co- op, the proposed store will be a vast improvement over the present facility. Bender said having a grocery store downtown was in the public interest, She felt the applicant was proposing a good design for the parking; that it was a well thought out plan. She said she would vote in favor, Lehman said his major hangup is the lack of adequate parking for a commercial entity that relies heavily on automobile traffic, as well as the complete lack of parking for 99 apart- Iowa City Board of Adjustment May 10, 1995 Page 5 ment units. Lehman said he does understand the intent of the CB-10 zone, but finds it tough to get around the parking issue. Lehman said staff had done a good job of reassur. ing him and he would also vote in favor of the special exception. The motion carried on a vote of 5-0. EXC95.0011. A request submitted by the Church of Jesus Christ of Latter Day Saints, on behalf of property owners Myles and Lorraine Braverman, for special exceptions to permit a religious institution to be established, to modify the off-street parking rsquire- i ments, and to modify the yard requirements for property located in the RS-5 zone at 503 · Melrose Avenue. Rockwell said that due to complications involved in the project, the applicant requested a deferral of this item to the June 14, 1995, Board meeting. Rockwell provided back- ground information to the Board, and noted that the applicant has expressed the desire to meet with neighboring property ownera and has set up a meeting for 7:00 p.m,, Mon. day, May 15, 1995, at the Latino/Native Amedcan Law Student Center located on Melrose Avenue. Rockwell said the applicant hoped to resolve several issues prior to the June Board meeting. MOTION: Bender moved to defer EXC95-0011 to the June 14, 1995, meeting of the Board of Adjustment. Halgh seconded the motion, Bender asked whether the application would affect the portion of Melrose that is to be widened. Rockwell said the widening will occur along this portion of Melrose, but the widening will occur within the right-of-way that already exists. If any more is needed, the University has agreed to allow more right-of-way on its side of the road. Eckhardt was pleased that efforts have been made to save the historic house. Rockwell said staff agrees, and is likely to request that a condition be placed on the proposal requiring that changes to the exterior of the structure be approved by the City's Historic Preservation Commission. The motion carried on a vote of $-0. BOARD OF ADJUSTMENT INFORMATION: Vogelzang announced that he will be resigning from the Board of Adjustment, effective at the end of the June 14, 1995, Board meeting. Vogelzang said he will be moving to Rochester, New York. Vogelzang said it has been an honor and privilege to serve on the Board and for the City of Iowa City. Rockwell said staff will miss the leadership Vogelzang has provided throughout his tenure with the Board. The Board agreed. OTHER BUSINESS: Rockwell proposed that the election of the Chairperson and Vice-Chairperson of the Board take place at the June 14, 1995, meeting. The Board decided not to wait as all members were present tonight. This would not be the case in June when Eckhardt would be absent. RESOLUTION NO. 95-163 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRINITY EPISCOPAL CHURCH FOR TEMPORARY USE OF PUBLIC RIGHT-OF- WAY FOR PORTIONS OF GILBERT AND COLLEGE STREETS IN IOWA CITY, IOWA. WHEREAS, Trinity Episcopal Church is the fee owner of certain real estate located at 320 E. College Street, Iowa City, Iowa; and WHEREAS, Trinity Episcopal Church will be undertaking renovations and construction of a new addition to its facilities located at 320 E. College Street; and WHEREAS, Trinity Episcopal Church's renovations and construction will take place adjacent to their property along the west edge of Gilbert Street and the north edge of College Street, and Trinity Episcopal Church wishes to facilitate the safe execution of said renovation and construction and to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, Trinity Episcopal Church has requested the City also permit the temporary closure of portions of the sidewalk and street on the north side of College Street between Gilbert and Linn Street; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the proposed construction plans of Trinity Episcopal Church and finds the temporary use of a portion of the Gilbert Street and College Street right-of-way for renovation and construction activities to be a minimal intrusion into the public right- of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk and street on the north side of College Street between Gilbert and Linn Street, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure to secure the construction site from pedestrian and vehicular traffic will ensure safe passage of such traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary use of the Gilbert and College Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to their property along the north edge of College Street in Iowa City, Iowa in order to assure a safe construction site for the Trinity Episcopal Church renovations and new addition construction, and thereby insure public safety. Such temporary sidewalk closing shall take effect beginning June 28, 1995 and end upon substantial completion of the construction, but no later than March 30, 1996, and shall conform to the siteplan approved by Public Works. It is in the public interest to allow Trinity Episcopal Church to temporarily erect a barricade eight (8) feet off the curb line adjacent to their property along the north edge of College Street, in order to assure a safe construction site for Trinity Episcopal Church's renovations I 11/o Resolution No. 95-163 Page 2 and new addition construction, and thereby insure public safety. Such temporary barricade shall take effect beginning June 28, 1995 and end upon substantial completion of the construction, but no later than March 30, 1996, and shall conform to the siteplan approved by Public Works. The Temporary Easement Agreement attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Trinity Episcopal Church's expense, Passed and approved this 27th day of June , 1995. ClT?'CLERK Resolution No. 95-163 Page 3 It was moved by Novick and seconded by adopted, and upon rol~ call thers were: Baker the Resolution be · AYES: NAYS: ABSENT: X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND TRINITY EPISCOPAL CHURCH FOR PORTIONS OF GILBERT AND COLLEGE STREETS, IOWA CITY, IOWA This Easement Agreement is made by and between Trinity Episcopal Church, hereinafter also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, Trinity Episcopal Church is the fee owner of certain real estate located at 320 E. College Street, Iowa City, Iowa; and WHEREAS, Trinity Episcopal Church will be undertaking renovations and construction of a new addition to its facilities located at 320 E. College Street; and WHEREAS, Trinity Episcopal Church's renovations and construction will take place adjacent to their property along the west edge of Gilbert Street and the north edge of College Street, and Trinity Episcopal Church wishes to facilitate the safe execution of said renovation and construction and to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, Trinity Episcopal Church has requested the City also permit the temporary closure of portions of the sidewalk and street on the north side of College Street between Gilbert and Linn Street; and WHEREAS, the City of Iowa City, iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the proposed construction plans of Trinity Episcopal Church and finds the temporary use of a portion of the Gilbert Street and College Street right-of-way for renovation and construction activities to be a minimal intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk and street on the north side of College Street between Gilbert and Linn Street, and finds the temporary closure to be a minimal intrusion into the public right-of- way, and also finds that such temporary closure to secure the construction site from pedestrian and vehicular traffic will ensure safe passage of such traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary use of the Gilbert and College Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, Trinity Episcopal Church and the City of Iowa City agree as follows: 2 Owner, Trinity Episcopal Church, is the fee owner of certain real estate located at 320 E. College Street, Iowa City, Iowa, and Trinity Episcopal Church will be undertaking renovations and construction of a new addition to its facilities located at 320 E. College Street along the west edge of Gilbert Street and the nortiq edge of College Street. In order to facilitate the safe execution of said renovation and construction, and to secure the construction site from pedestrian and vehicular traffic, Owner has requested the City permit the temporary use of portions of the west Gilbert Street right-of-way as well as the temporary closure and use of portions of the sidewalk and street on the north side of College Street between Gilbert and Linn Street. In consideration of the City's permission herein to temporarily close a City sidewalk and an eight (8) foot wide portion of City street along the north side of College Street between Gilbert and Linn Street during the renovation and construction of the Trinity Episcopal Church facilities, Trinity Episcopal Church agrees to secure its construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. In consideration for Trinity Episcopal Church's promises herein, the City agrees to allow Trinity Episcopal Church to temporarily use a portion of the right of way along the west side of Gilbert Street and to temporarily close a City sidewalk and an eight (8) foot wide portion of the City street adjacent to their property along the north edge of College Street. The Parties acknowledge that the closure of the eight (8) foot wide portion of City street along the north side of College Street, as currently dedicated to metered on-street parking, will be done to minimize interference with traffic flow along the north side of College Street. In consideration for Trinity Episcopal Church's promises herein, the City agrees to allow Trinity Episcopal Church to temporarily erect a barricade eight (8) feet off of the curb line adjacent to their property along the north edge of College Street at the location depicted in the previously submitted site plan approved by Public Works. Trinity Episcopal Church agrees to provide, keep in place, and maintain in good working condition certain signage necessary to: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Trinity Episcopal Church agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Trinity's use of the public right of way under this easement and license agreement, specifically including any and all claims and/or liabilities which may be 3 alleged against the City as a result of its decision to allow Trinity Episcopal Church to temporarily close a sidewalk adjacent to their property along College Street and to barricade a portion of College Street, all as described herein. Trinity Episcopal Church further agrees to carry Class II liability insurance in the amounts of 9500,000 each occurrence, 91 million aggregate bodily injury, and 9250,000 aggregate property damage with contractual liability coverage included. Trinity Episcopal Church shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After the Trinity Episcopal Church renovation and construction is complete, Trinity Episcopal Church agrees to restore any and all portions of the west Gilbert Street right- of-way, and any and all portions of the north College Street sidewalk right-of-way and eight (8) foot area off the north College Street curb line to their pre-construction condition, to the City's complete satisfaction. With respect to this Temporary License and Easement for use of public right-of-way and the temporary closure of the College Street sidewalk and street area 8 feet off of the curb line, City and Trinity Episcopal Church agree this Temporary License and Easement shall be in effect beginning June 28, 1995, and ending upon substantial completion of the work, but no later than March 30, 1996. Notwithstanding the above, Trinity Episcopal Church agrees to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: A breach of this easement and license agreement; The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; Within thirty (30) calendar days after the City given written notice of removal to Trinity Episcopal Church. If Trinity Episcopal Church fails to remove any obstructions, barricades or signage from the public right-of-way as required in this paragraph or in paragraph 7 above, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to Trinity Episcopal Church for payment to City. Upon Trinity Episcopal Church's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Tdnity Episcopal Church acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of*way for private purposes; and, notwithstanding paragraphs seven (7) and eight (8), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. 4 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this CITY OF IOWA CITY, IOWA TRINITY EPISCOPAL CHURCH .Susan M, Ho owitz, May~' '"-".~__~ Attest: Marian K. Karr, City Clerk ffice STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ?'7'/~- dayof ,~r~ ,19_~,beforeme, ,~r~4(v'4~,~. ~rP¢ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. ~)~-4~ passed by the City Council, onthe Zq Y-A. dayof J~-~ ,19 ~,~ , and that Susan M. Horowitz 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 ,..]zz~E , A.D. 19 ~'*, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Fatk&. ;atff[ ~.~in and, ~'j~,,~, AX~--'J~ ~ ~(~, to me personally kno,wn, who, being by me duly sworn, did say that they are the /,/f,~_ and .~.~ ~.~ ~ , respectively, of Trinity Episcopal Church, the non-profit corporation executing the within and foregoing instrument, that said.instrument was signed on behalf of said corporation by authorit)/of its Board of Directors, and that the said Fnther Jasen PaFkin and ~/~*~.~,~,~,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. Notary PubliE i~ and for the State of iowa · ,'1',, OFFICIAL SEAL ,~,~L! Maggie Elliott Notary Public. Iowa ~11,5091 EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND TRINITY EPISCOPAL CHURCH FOR PORTIONS OF GILBERT AND COLLEGE STREETS, IOWA CITY, IOWA referred to as "Owner", a referred to as "City." :is made by and between Trinity Episcopal Church, hereinafter also City of Iowa City, Iowa, a municipal Corporation, hereinafter WHEREAS, Trinity College Street, Iowa City, :hurch is the fee owner of certain real state located at 320 E. and WHEREAS, Trinity Episcopal new addition to its facilities ;h will be undertaking at 320 E. College Street; and construction of a WHEREAS, Trinity Episcopal renovations and co place adjacent to their property along the west : Gilbert Street a the north edge of College Street, and Trinity Episcopal Church wishes facilitate the ~cution of said renovation and construction and to secure the cc ~strian and vehicular traffic to assure safe passage of such traffic in the area; WHEREAS, Trinity Episcopal Church of portions of the sidewalk and Linn Street; and the City also permit the temporary closure ~orth side of College Street between Gilbert and WHEREAS, the City of Iowa City, of public right of way; and is )nsible for the care, supervision, and control WHEREAS, the Department ~blic Works ha'. Trinity Episcopal Church finds the tern College Street right-of-, for renovation into the public right- and also finds that materiall~ ~viewed the proposed construction plans of use of a portion of the Gilbert Street and truction activities to be a minimal intrusion :destrian and vehicular traffic will not be WHEREAS, the ;nt of Public Works has proposed temporary closure of portions of ~walk and street on the nc of College Street between Gilbert and Linn Street finds the temporary closure to be sion into the public right-of- way, so finds that such temporary closure ;ecure the construction site from pedestr and vehicular traffic will ensure safe passage )f such traffic in the area and is thus in the best interests; and 0£ an easement and license agreement for the use of the Gilbert and Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, Trinity Episcopal Church and the City of Iowa City agree as follows: 2 Owner, Trinity Episcopal Church, is the fee owner of certain real estate located at 320 E. College Street, Iowa City, Iowa, and Trinity Episcopal Church will be undertaking renovations and construction of a new addition to its facilities located at 320 E. College Street along the west edge of Gilbert Street and the north edge of College Street. In order to facilitate the safe execution of said renovation and construction, and to secure the construction site from pedestrian and vehicular traffic, Owner has requested the City permit the temporary use of portions of the west Gilbert Street right-of-way as well as the ' closure and use of portions of the sidewalk and street on the north side of coil ~ge Street between Gilbert and Linn Street. In consideration of the City's herein to temporarily close a City sidewalk and an eight (8) foot wide of City street along the north side of College Street between Gilbert and Linn ring the renovation and construction of the Trinity Episcopal Church facilities, piscopal Church ag 'construction site against pedestrian and public by providing adequate control, by providing adequate signage, and sncing all open excavation wh the contractor is not working, thereby ensuring safety and a safe constru site. In consideration for Trinity Episcopal allow Trinity Episcopal Church to tern the west side of Gilbert Street (8) foot wide portion of the City street of College Street. The Parties portion of City street along the north side metered on-street parking, will be done to r the north side of College Street. :hurch's promises he the City agrees to use a portior the right of way along ~porarily close sidewalk and an eight acent to the 3erty along the north edge ~sure of the eight (8) foot wide Street, as currently dedicated to ~terference with traffic flow along In consideration for Trinity Episcopal allow Trinity Episcopal Church to terr curb line adjacent to their proper location depicted in the previous h's promises herein, the City agrees to erect a barricade eight (8) feet off of the north edge of College Street at the site plan approved by Public Works. Trinity Episcopal Church working condition certain to provide keep in place, and maintain in good necessary ' a) route pedestrians. b) provide ~g. c) provide for y and predictable movemE traffic. All signag Uniform be in accordance with the Federal Control Devices. , Administration Manual on Trin )al Church agrees to indemnify, defend and hold the City harmless a~. any and all claims for bodily injury, death or property damage arising out of its and those of its contractors, subcontractors, agents, employees and assigns arising out of Trinity's use of the public right of way under this easement and license agreement, specifically including any and all claims and/or liabilities which may be 3 alleged against the City as a result of its decision to allow Trinity Episcopal Church to temporarily close a sidewalk adjacent to their property along College Street and to barricade a portion of College Street, all as described herein. Trinity Episcopal Church further agrees to carry Class II liability insurance in the amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Trinity Episcopal Church shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After the Trinity Episc~"~al Church renovation and construction is ¢omplete,,Trinity Episcopal Church agrees to restore any and all portions of the west Gil/bert Stre~ .t right- of-way, and any and all~oortions ,of the north College Street sidewalk/right-of-way and eight (8) foot area off ~he north College Street curb line to the/i'r pre-construction condition, to the City's_c,~r~plete satisfaction. With respect to thi~Temporary License and Easement for use of p~blic right-of-way and the tempo ry//closure of the College Street sidewalk and street~rea 8 feet off of the curb line, ~y and Trinity Episcopal Church agree this Temporar~/\License and Easement ha in effect beginning June 28, 1995, and ending upon substantial completion of work, but no later than March 30, 1996. Notwithstanding the above, Trinity Episcopal Ch~ temporary use and closure of the public obstructions from said right-of4way when an agrees to cease and desist its and to remove any and all of the following events occurs: A breach of this easement and license a(, The use of the property changes temporary use of the public right-of-way is no longer needed or a deterrgined by the City; Within thirty (30) calendar ~r the City given written notice of removal to Trinity Episcopal Church. .~ If Trinity Episcopal Churc,~ ) remove any obstructions, barricades or signage from the public right-of-way~s required in this paragrapher in paragraph 7 above, the City may remove the obs~Yucti( ~ns, barricade or signage, and the cost thereof shall be bille, d to Trinity Episcopa/l' Chur~:h for payment to City. Ul~n Trinity Episcopal Church s failure to pay sai,,d/billing, the removal costs shall be cer~fied to Johnson County as a statutory lien ~'d assessed against the property and collated in the same manner as a property t7 as provided in Section 364.12(2)(e)i..~wa'~de (1995). Trinity E~ ~col al Church acknowledges and ag.r. ees. t.ha~ n,o prbp,,e. rty right is conferred by this 'ant of permission to use the public right-of-way; that the City is not em to grant a permanent use of its right-of-way for private purposes; and, notwi ~g paragraphs seven (7) and eight (8), that the City may order the said tern 'use terminated at any time if, for any reason, the City Council determines th~ the property is needed for a public use and should be cleared of any and all ol :ructions, as provided by State law. 4 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this day of ,1 City OF IOWA CITY, IOWA,__ Susan M, Horowitz, Mayor Attest: /~ Approv~ K. Karr, City Clerk By TRINITY EPISCOPAL CHURC/~/j Father Jason Parkin By City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis 2'7 day ~r~ ,19 ~5 ,beforeme, ~qL , a Notary Public in and for the State of Iowa, personally appeared Susan M witz and Marian K. Ka~, to me personally known, and, who, being by me duly swor~, say that they are the Mayor and City Clerk, respectively, of the City of Iowa City I~ff~va that the seal affixed to the f(~regoing instrument is the corporate seal of the corpo!ati/e'n, and that the instrument was sigr~ed and sealed on behalf of the corporation, by authorit~ of its City Council, as contained in Resolution No. ?.~-/~,5 passed by the City Cou.~il, on the 27 ~ day of ~u~ \ ,19 ?5..., and that Susan M. Horow~ and Marian K. Karr acknowledged the\execution of the instrument to be their volun lry act and deed and the voluntary act and ~eed of the corporation, by it voluntarily exe ed. Notary Public in and for the State of Iowa 5 STATE OF IOWA ) ~ ) SS: JOHNSON COUNTY ) On this day of , A.D. 19 , before me, the ned, a Notary Public in and for the State of Iowa, persomally appeared Father Jasorand , to me personally known, who, being by me duly that they are the and , respe, of Trinity Episcopal Church, the non-profit corporation execuling the within andinstrument, that said instrument was signed on behalf of said corporation by autlof its Board of Directors; and that the said Father Jason Parkin a~d as such officers acknowledged the execution of said instrument to be the act and deed of said corporation, by it and by them voluntarily executec. Notary Public in and for the State of RESOLUTION NO. 95-164 CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MA~/OR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREE- MENT FOR USE OF PUBLIC PROPERTY AT 121-123 IOWA AVENUE FOR THE PLACEMENT OF A WHEELCHAIR-ACCESSIBLE RAMP ON THE IOWA AVENUE RIGHT-OF-WAY. WHEREAS, John H. Graham, Jane Graham, and Sarah Margaret Graham Bell are the fee owners of certain real estate located at 121-123 Iowa Avenue, Iowa City, Iowa, hereafter "Owners," and legally described as follows: BEGINNING on the North line of Lot 1, Block 80, in Iowa City Iowa, as per the recorded plat thereof, 79 feet West of the Northeast corner of said Lot 1; thence South 75 feet; thence in a Southwesterly direction to a point 100 feet South and 109 feet West of the Northeast corner of said Lot 1; thence West to the West line of the East 42 feet of Lot 2, Block 90, Iowa City, Iowa; thence North along the West line of the East 42 feet of said Lot 2; thence East along the North line of said Lot 2 and Lot 1, Block 80, Iowa City, Iowa, to the POINT OF BEGINNING. Also, an undivided one-half interest in the following: BEGINNING on the North line of Lot 1, Block 80, Iowa City, Iowa, as per the recorded plat thereof, 79 feet West of the Northeast corner of said Lot 1; thence South 75 feet; thence in a Southwesterly direction to a point 100 feet South and 109 feet West of the Northeast corner of said Lot 1; thence West to the West line of the East 42 feet of Lot 2, Block 80, Iowa City, Iowa; thence South 33 feet; thence East 30 feet; thence North 30 feet; thence in a Northeasterly direction to a point 80 feet South and 70 feet West of the Northeast corner of said Lot 1; thence East 2 feet; thence North 80 feet to the North line of said Lot 1; thence West on the North line of said Lot 1 to the POINT OF BEGINNING; which said described tract is to be used as a joint driveway for the property above together with that portion of the East 42 feet of Lot 2, Block 80, and the West 6 feet of the North 80 feet of said Lot 1 and the South half of said Lot lying and adjoining said driveway on the South and East thereof; be said measurements more or less. Also all of our right-of-way and easement of every kind and character to use and enjoy said driveway with the owners of the remaining undivided one-half interest as reserved in a certain conveyance to Arthur C. Harmon, recorded in Book 129, page 461, Deed Records of-Johnson County, Iowa. WHEREAS, G.A. Malone's (hereinafter "Lessee") has entered into an extended lease of the above-reference property with the above-named Owners; and WHEREAS, Lessee operates a restaurant/bar, G. A. Malone's, on the above-described property and the restaurant is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owners and Lessee seek City approval to construct a wheelchair-accessible ramp on the Iowa Avenue right-of-way; and Resolution No. 95-164 Page 2 WHEREAS, the Department of Public Works finds the construction of the wheelchair- accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow the temporary use of the Iowa Avenue right-of-way as a valid public purpose in order that the public accommodation at 121-125 Iowa Avenue may be made accessible to persons with disabilities, subject to the terms and conditions stated in the attached Agreement for Temporary Use of Public Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions contained in the Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated herein is approved as to form and content. The Mayor is authorized to execute, and the City Clerk to attest, the Agreement for Temporary Use of Public Right*of-Way for and on behalf of the City of Iowa City. Passed and approved this 27th day of June , 1995. CITY'CLERK Resolution No. 95-164 Page 3 It wasmoved by Kubb¥ and seconded by adopted, and upon rol~calltherewere: PiRott the Resolution be · AYES: NAYS: ABSENT: ~ Baker __. Horowitz Kubby ---x.--- Lehman Novick Pigott , Throgmorton AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between John H. Graham, Jane Graham, and Sarah Margaret Graham Bell, hereinafter referred to as "Owner," G.A. Malone's, hereinafter referred to as · "Lessee", and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate located at 121-123 Iowa Avenue, Iowa City, Iowa, and legally described as follows: BEGINNING on the North line of Lot 1, Block 80, in Iowa City Iowa, as per the recorded plat thereof, 79 feet West of the Northeast corner of said Lot 1; thence South 75 feet; thence in a Southwesterly direction to a point 100 feet South and 109 feet West of the Northeast corner of said Lot 1; thence West to the West line of the East 42 feet of Lot 2, Block 90, Iowa City, Iowa; thence North along the West line of the East 42 feet of said Lot 2; thence East along the North line of said Lot 2 and Lot 1, Block 80, Iowa City, Iowa, to the POINT OF BEGINNING. Also, an undivided one-half interest in the following: BEGINNING on the North line of Lot 1, Block 80, Iowa City, Iowa, as per the recorded plat thereof, 79 feet West of the Northeast corner of said Lot 1; thence South 75 feet; thence in a Southwesterly direction to a point 100 feet South and 109 feet West of the Northeast corner of said Lot 1; thence West to the West line of the East 42 feet of Lot 2, Block 80, Iowa City, Iowa; thence South 33 feet; thence East 30 feet; thence North 30 feet; thence in a Northeasterly direction to a point 80 feet South and 70 feet West of the Northeast corner of said Lot 1; thence East 2 feet; thence North 80 feet to the North line of said Lot 1; thence West on the North line of said Lot 1 to the POINT OF BEGINNING; which said described tract is to be used as a joint driveway for the property above together with that portion of the East 42 feet of Lot 2, Block 80, and the West 6 feet of the North 80 feet of said Lot 1 and the South half of said Lot lying and adjoining said driveway on the South and East thereof; be said measurements more or less. Also all of our right-of-way and easement of every kind and character to use and enjoy said driveway with the owners of the remaining undivided one-half interest as reserved in a certain conveyance to Arthur C. Harmon, recorded in Book 129, page 461, Deed Records of-Johnson County, Iowa. WHEREAS, Lessee operates a restaurant/bar, G. A. Malone's, on the above-described property and the restaurant/bar is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owners and Lessee seek City approval to construct a wheelchair-accessible ramp on the Iowa Avenue right-of-way; and WHEREAS, the Department of Public Works finds the construction of the wheelchair- accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow the temporary use of the Iowa Avenue right-of-way as a valid public purpose in order that the public accommodation at 121-123 Iowa Avenue may be made accessible to persons with disabilities, subject to the terms and conditions stated herein. 2 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH RELOW, IT IS AGREED AS FOLLOWS: Owner and Lessee shall be allowed to install, operate, and maintain a wheelchair- accessible ramp on City property abutting 121-123 Iowa Avenue as shown on the attached sketch marked Attachment A and approved by the City Engineering Division. Owner and Lessee agrees to remove the wheelchair-accessible ramp from the Iowa Avenue right-of-way when any one of the following events occurs: a. Within 30 days after being ordered to do so by the City. The use of the property changes and the wheelchair-accessible ramp is no longer needed. c. Upon completion of the Iowa Avenue Sidewalk Improvement project. If Owner and/or Lessee fails to remove the wheelchair-accessible ramp as required above, the City may remove it and the cost thereof shall be assessed against the property in the manner provided in Section 364.12(2)(e), Iowa Code (1995). Owner and Lessee agrees to maintain the wheelchair-accessible ramp in good and reasonable repair so as to minimize danger. In the event the said wheelchair-accessible ramp is ever replaced for any reason, Owner and/or Lessee agrees to replace it, subject to the approval of the Public Works Department. Owner and/or Lessee agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, or repair of said wheelchair-accessible ramp, including any liability which the City may incur as a result of its decision to allow placement of said wheelchair-accessible ramp on the Iowa Avenue right-of-way. Owner and/or Lessee is required and agrees to carry liability insurance, in minimum amounts of t~500,000- $1,000,000-$250,000, with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy, or a certificate of insurance for same, satisfactory to the City. Owner and/or Lessee agrees to maintain such insurance in force until the wheelchair-accessible ramp is removed from City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission .contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the wheelchair-accessible ramp following five (5) days prior written notice to the owners of the property. Cost of such removal shall be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1995). Owner and Lessee acknowledge and agree that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said wheelchair- accessible ramp removed at any time if, for any reason, the City Council determines that the property upon which the wheelchair-accessible ramp is located is needed for public use and/or should be cleared of any and all obstructions. 3 This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties, except as set forth in Paragraph 2 above. Dated this _~/) day of CITY OF IOWA CITY · Susan M. Horowitz, Mayor ~.~ Cit ! Clerk ,1995. J/~e Graham, Owner Sarah Margaret G~ham B'ell, Owner esse8 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~27 '"~' day of ,J~.~.~ ,19 75 ,beforeme, .~&¢~. [~-~- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 ~oregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~6- f~,~[/- passed by the City Council, on the ;~? ~ day of .J~.,_ , 19 ~ , and that Susan M. Horowitz and Marian K. Kerr 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 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis o~,(~ dayof ,_~"/J./o~_. ,19~. beforeme, the undersigned, aNotary Public in and for the State of Iowa, personally appeared Gerry Ambrose, to me personally known, who being by, me duly sworn, did say that he is a partner of - 2, ~./"~/--L/4~ ~/&~ an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledge the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. Notary Public in a~'d for said County and State STATE OF-~(Z)~z- ) ) SS: ~"~/q/q % f.,'fl COUNTY ) On this o~o~ day of -~/"/~-~ , 1995, before me, the undersigned a Notary Public in and for the State of ..~-p~/J~., personally appeared John H. Graham, to me personally known. Being duly sworn, they did state that he is the same person named and referred to in the instrument above; and that the instrument was signed as his voluntary act and deed, and by him voluntarily executed. /~ ~ Notary Public olde' State of -~)¢~. STATE OF -~/~' ) ._.~/,7 ~ $~7C 0 U NTY )SS: ) On thistle' day of '-~//') ~ , 1995, before me, the undersigned a Notary Public in and for the State of .~4/..)~-~ personally appeared Jane Graham, to me personally known. Being duly sworn, they did state that she is the same person named and referred to in the instrument above; and that the instrument was signed as her voluntary act and deed, and by her voluntarily executed, ,~'~-' 9, ~ Notary Public of tJ~ State of 5 STATE OF ~6 SS: C0]~ COUNTY On this ~ day of ,,TujI(_- ,1995, before me, the undersigned a Notary Public in and for the State of N~ , personally appeared Sarah Margaret Graham Bell, to me personally known, Being duly sworn, they did state that she is the same person named and referred to in the instrument above; and that the instrument was signed as her voluntary act and deed, and by her voluntarily executed. Notary~Public of the State of ~!.C~. __ RESOLUTION NO. 95-165 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BIG BROTHERS/BIG SISTERS OF IOWA CITY AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME, WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the Iowa City area who are between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides a service which matches volunteers with youths of these ages, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service, and WHEREAS, the City of Iowa City and Big Brothers/Rig Sisters Program have negotiated a Funding Agreement for the amount of $33,075. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and Big Brothers/Big Sisters of Iowa City, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June ,1995. CITY CLERK Appr.~ City ~Attomey'~ Office It was moved by Novick and seconded by .. be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmodon AGREEMENT THIS AGREEMENT, made and entered into on this '~"~_..5 day of ..~ ~_).~ ~ ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Big Brothers/Big Sisters of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, d~sab'lity, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status, All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY96. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $33,075 to assist Recipient in paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. The City shall transfer the funds to Recipient in quarterly payments of $8,268.50 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. Ill. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the Cib/copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. De 2 Duly authorized representatives of. the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding the methods used in such visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture; or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E, This contract may be terminated upon 30 days written notice by either party. IV, TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: WITZ, MAYOR ATTEST: ~A~AN K. KARR, CITY CLERK Appmv~~_~. ~' ' ~ ~'-~5" City Attorney's ~ffice contract~t>bs For Big Brothers/Big Sisters of Johnson County: /, RESOLUTION NO. 95-166 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CRISIS CENTER AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Crisis Center is an agency which provides short-term cdsis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Crisis Center is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Crisis Center have negotiated a Funding Agreement for the amount of $31,200. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and the Crisis Center, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June , 1995. ATTEST: ,,,~~ ,~. ,,~ CITY'CLERK Appr'~o Form Ci y Atto~e It was moved by. Nav~ r~ and seconded by be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this ~O {'~ day of ',~ ~e,,. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Crisis Center ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: ao To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b= To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, co[or, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals, including but not limited to: short-term crisis counseling, and information and referral services; emergency transportation and food for local residents; and assistance with emergency shelter, food and transportation for non-residents of the Iowa City area. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for F'Y96. II. FUNDING Ae As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $31,200 to assist Recipient in meeting its expenses for operation of the programs described herein. The City shall transfer the funds to Recipient in quarterly payments of $7,800.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. II1. GENERAL ADMINISTRATION Ao On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services, Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. iV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: USA~WITZ, MA~ A'CrEST: MARlAN K. KARR, OITY CLERK NAME TITLE contmct~lccic ATTEST: NAME,J TITLE RESOLUTION NO. 95-167 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Domestic Violence Intervention Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Intervention Program have negotiated a Funding Agreement for the amount of $44,100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and Domestic Violence Intervention Program, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June , 1995. CIT?' CLERK It was moved by Novt¢~ ~ and seconded by Pigott be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT ;~'"" ,.~d ~, ~ , THIS AGREEMENT, made and entered into on this day of 1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Domestic Violence Intervention Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, na. tional origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not be limited to: temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY96. II, FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $44,100 to assist Recipient in meeting its operating expenses. The City shall transfer the funds to Recipient in quarterly payments of $11,025.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. IIh GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without pdor written agreement of the other pady. For the City of Iowa City, Iowa: A'F]'EST: R, CITY CLERK For the Domestic Violence Inte,'yention Program: -, NAME TITLE / TITLE contract\dvip RESOLUTION NO. 95-168 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency shelter and food in Iowa City, and WHEREAS, the Emergency Housing Project is an agency which provides temporary emergency shelter and food to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Emergency Housing Project is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Emergency Housing Project have negotiated a Funding Agreement for the amount of $6,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and the Emergency Housing Project, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of 5une , 1995. CITY CLERK App ~~ City[Attorney,s Office ~ ~ r~'-9~ It was moved by Novick and seconded by Pigott adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X ces~e~p the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this '~.~"~ day of ~"~r~'~. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Emergency Housing Project ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, madtal status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to homeless persons, both local and transient, including but not limited to: temporary emergency shelter and food, and referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for 1996. II, FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,000 to assist Recipient in meeting its operating expenses. The City shall transfer the funds to Recipient in quarterly payments of $1,500.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all reasonable times, have access to and the dght to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Reciplent's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without p~ior written agreement of the other party. For the City of Iowa City, Iowa: For the Emergency Housing Project: NAME ATTEST: MARIAN K. KARR, CITY CLERK TITLE ATTEST: NAME TITLE contract\ehp RESOLUTION NO. 95-169 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE FREE MEDICAL CLINIC AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Free Medical Clinic provides free medical care to individuals without resources, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Free Medical Clinic is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Free Medical Clinic have negotiated a Funding Agreement for the amount of $5,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreement between the City of Iowa City and the Free Medical Clinic, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this ?7eh day of June , 1995. ATTEST: ~;~.~ '~, "~ CITY CLERK MAY~("~ ' & ~ It was moved by ~nv~ ,-~ and seconded by P~L. gott be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this .'~,~. day of -.) b' ~ ~. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Free Medical Clinic ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide the following services to residents of Johnson County: general outpatient care; limited financial assistance for medication, medical supplies, eyeglasses, cancer screening, and other preventive health needs; and HIV counseling and testing. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY96. I1. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $5,000 with the agreement that these funds shall be allocated toward the health care programs of the Free Medical Clinic. The City shall transfer the funds to Recipient in quarterly payments of $1,250.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all reasonabls times, have access to and the dght to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey 2 participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: Aq-rEST: MAF~AN K. KARR, CITY CLERK For the Free Medical Clinic: NAME ~ TITLE ATTEST: ~/ NAME ~',~ TITLE RESOLUTION NO. 95-170 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE HAWKEYE AREA COMMUNITY ACTION PRO- GRAM AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited-income families who are aged three to school age, and WHEREAS, the Hawkeye Area Community Action Program is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Hawkeye Area Community Action Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Hawkeye Area Community Action Program have negotiated a Funding Agreement for the amount of $6,240. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreement between the City of Iowa City and the Hawkeye Area Community Action Program, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June ,1995. ATTEST: ~,.~ CITY-CLERK It was moved by Novick and seconded by be adopted, and upon roll call there were: City Attorneys Office ?i~ott the Resolution 4! ';..', AYES: NAYS: ABSENT: X X X x x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this Z'74L day of ~ ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Hawkeye Area Community Action Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, cr handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmental programming for children of limited-income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are outlined in the Program Information and Goals and Objectives Statement portions of Recipient's request for FY96 City funding. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,240 to assist Recipient in meeting its operating expenses. The City shall transfer the funds to Recipient in quarterly payments of $1,560.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnemhip, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior wdtten agreement of the other party. For the City of Iowa City, Iowa: ATTEST: MARIAN K. KARR, CITY CLERK For th..e.,Hawkeye Area Community A/[°i P~_~.gram: · , NAME TITLE contract~hacap A'F]'EST: TITLE RESOLUTION NO, 95-171 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TIlE IOWA CENTER FOR AIDS/ARC RESOURCES & EDUCATION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME, WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons with HIV seropositivity (HIV) or AIDS, and to provide educational services and materials to the general community, high risk groups, and persons with HIV orAlDS to increase awareness and decrease high risk behaviors, and WHEREAS, the Iowa Center for AiDS/ARC Resources & Education is an agency which provides such assistance and educational activities, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Iowa Center for AIDS/ARC Resources & Education is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa Center for AIDS/ARC Resources & Education have negotiated a Funding Agreement for the amount of $8,925. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreement between the City of Iowa City and the Iowa Center for AIDS/ARC Resources & Education, attached hereto and made a part hereof by this reference, be approved; and The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this ATTEST: ,,~~ CITY CLERK 27th day of June , 1995. to Fo Cily Attor~y's Office It was moved by Novick and seconded by PiRott be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X x Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this ~.'~'//~ day of ~.~. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa Center for AIDS/ARC Resources & Education ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. be To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disab'l'ty, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals with HIV seropositivity (HIV) or AIDS, and to their families and loved ones. This assistance shall include emotional, financial and material support. Recipient shall also provide educational services and materials to the general community, high risk groups, and persons with HIV or AIDS to increase awareness and decrease high risk behaviors. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY96. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $8,925 to assist Recipient in meeting its operating expenses. The City shall transfer the funds to Recipient in quarterly payments of $2,231.25 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 Ce Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Furl:her, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either pa~, without prior written agreement of the other party. For the City of Iowa City, Iowa: For the Iowa Center for AIDS/ARC Resources & Education; · HOROWITZ, MAYOR NAME A'FrEST: MARfAN K. KARR, CITY CLERK TITLE ,~TTES~: NAME TITLE RESOLUTION NO. 95-172 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide disadvantaged Iowa City youth between the ages of 14 and 21 with meaningful, subsidized work experiences in public and private non-profit agencies; and WHEREAS, the Mayor's Youth Employment Program plans and provides such work experiences; and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Mayor's Youth Employment Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program have negotiated a Funding Agreement for the amount of $35,000. NOW, THEREFORE, BE IT RESOLVED BY THE CI7Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and the Mayor's Youth Employment Program, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June , 1995. ATTEST:_~,~.~..~ CITY'-CLERK MAYOR City Attorney's Office It was moved by Novick and seconded by be adopted, and upon roll call there were: Pi~ott the Resolution AYES: NAYS: ABSENT: x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmodon AGREEMENT THIS AGREEMENT, made and entered into on this ~__ day of ?)~ ~ ~o ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Mayor's Youth Employment Program (°Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: ao To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 21 who are socially or economically disadvantaged. Recipient shall also provide job training, vocational and career counseling, and related assistance to youth to develop positive work habits so that future employment opportunities will be enhanced. Recipient agrees to refer youth to appropriate agencies and programs in accordance with their needs. Recipient also agrees to assist youth who are not eligible for its programs to secure employment in the private sector through referral. Details of these services are outlined in Recipient's Information and Goals and Objectives Statement for FY96. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $35,000 to assist Recipient in meeting its expenses for the operation of the programs described herein. The City shall transfer the funds to Recipient in quarterly payments of $8,750.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. ao On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Mayor's Youth For the City of Iowa City, Iowa: Employment Program: Appro. v~ City Attorney'S' Office NAME A'Ff'EST: · KARR, CITY CLERK ATTEST: I NAME RESOLUTION NO. 95-173 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CiTY OF IOWA CITY AND NEIGHBORHOOD CENTERS OF JOHNSON COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME, WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of the Pheasant Ridge and Broadway Street Neighborhoods, and WHEREAS, Neighborhood Centers of Johnson County is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, Neighborhood Centers of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Neighborhood Centers of Johnson County have negotiated a Funding Agreement for the amount of $47,250. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and Neighborhood Centers of Johnson County, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 271:h day of .~tme , 1995. ATTEST: ~,~ CiTY CLERK It was moved by u,,,,~ ¢t, and seconded by be adopted, and upon roll call there were: Pigott the Resolution AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick -X---- Pigott .,~ Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this '~,.,-°O day of (~rl~___. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("l~ity"), and Neighborhood Centers of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICE~ During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the Recipient's Program Information and Goals and Objectives Statement for FY96. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $47,250 which shall be allocated for operating expenses of the programs of the Pheasant Ridge and Broadway Street Neighborhood Centers. Bq The City shall transfer the funds to Recipient in quarterly payments of $11,812.50 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. Ill. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quader, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all reasonable limes, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance wilh the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership~ joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: SUSAN M. HORrOWITZ, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK For Neighborhood Centers of Johnson County: NAM TITLE App/rp~o Form NAME TITLE RESOLUTION NO. 95-174 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE RAPE VICTIM ADVOCACY PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME, WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa, which is organized and operates under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have negotiated a Funding Agreement for the amount of $12,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreement between the City of Iowa City and the Rape Victim Advocacy Program, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June , 1995. ATTEST: City Atto~ey's Office It was moved by Novick and seconded by Pigott be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: x x x X X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton tqz7 AGREEMENT THIS AGREEMENT, made and entered into on this 26 day of June ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Rape Victim Advocacy Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient will provide emergency services for all victims of sexual assault, including counseling, medical and law enforcement advocacy intervention, and referral to other agencies. Community education will be provided, including current statistics and information on sexual crimes and prevention. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY96. 11. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $12,000 to assist Recipient in meeting its expenses for operation of the programs described herein. The City shall transfer the funds to Recipient in quarterly payments of $3,000.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. Ill. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. 2 Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: · HO'~{'OWITZ, MAYOR A'I-FEST: · KARR, CITY CLERK A~p~rm Ci~ Attorneys Office For the Rape Victim Advocacy Program: NAME Christie Munson Agency Director, RVAP TITLE ATTEST: NAME Meredith Jacobso~ Director of Rape Crisis Serivces, RVAP TITLE RESOLUTION NO. 95-175 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CiTY OF IOWA CITY AND THE JOHNSON COUNTY OFFICE OF THE GRANT WOOD AREA CHAPTER, AMERICAN RED CROSS AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and longer- term assistance to Iowa City residents, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, the Grant Wood Area Chapter of the American Red Cross is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross have negotiated a Funding Agreement for the amount of $4,410, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and the Johnson County Office of the Grant Wood Area Chapter, American Red Cross, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of June , 1995. ATT E S T: ,,~,,.z~.e~-.~-P CITY CLERK Ap, p~,~ as to Form'"'--..__~ (~ity Attorfiey's Office It was moved by Movick and seconded by Pigott be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X , X X Baker Horowitz Kubby Lehman Novick Pigoff Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this Z'l'~[' dayof ..~.., ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: 1. Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and longer-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster victims. It also includes maintaining a program of pre- and post-disaster education to assist the residents of Johnson County with disaster self-help. Recipient will provide instruction in First Aid in order to promote personal safety and health awareness, and training in cardiopulmonary resuscitation (CPR) techniques. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY96. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $4,410 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross. The City shall transfer the funds to Recipient in quarterly payments of $1,102.50 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. 2 On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Rec¥ient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with lhe terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or Rny association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Johnson County Office of the Grant Wood Area Chapter of the For the City of Iowa City, Iowa: American Red Cross~. ,~j ~ · .,,---"~..,'"'~..~ ,.~ . _ ~ SUSAN M. HOROWITZ, MAYOR ~ NAME A'I-rEST: MARIAN K. KARR, CITY CLERK Ap~ to Form (~ity Attorr~y's Office TITLE ATTEST: RESOLUTION NO. 95-176 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from traditional approaches to youth services, to help them identify their individual needs, and to facilitate meeting the same in the best interest of the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into such contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement for the amount of t~26,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreement between the City of Iowa City and United Action for Youth, attached hereto and made a part hereof by this reference, be approved; and 2. The Mayor be authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 27th day of .~une ,1995. CITY CLERK MAYOR Ci~ Attorn~'s Office It was moved by Nov±ck and seconded by adopted, and upon roll call there were: PiRott the Resolution be AYES: NAYS: ABSENT: jccoghs\res\uay x X 'x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT THIS AGREEMENT, made and entered into on this ~2 dayof ,.),.,.,..,.. ,1995, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United Action for Youth ("Recipient"). This Agreement shall be subject to the following terms and conditions, to-wit: Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creea, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY96. Specifically: Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. Maintain visibility and have planned and purposeful contact with youth in the community. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. do Maintain records of Outreach workers, including youth contacts, activities and referrals. Build and establish working relationships and communications with other agencies in the community. Recipient agrees to provide appropriate Outreach services to youth as dstermined by individual needs. At a minimum, such services shall include: Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. Crisis intervention by seeking out young people experiencing a crisis situation and being available to allewate their current s'tuation. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. t Recipient shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' pemeptions of Recipient's effectiveness, and service gaps among agencies. II. FUNDING As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $26,000 to be used for general operating expenses of its programs. B= The City shall transfer the funds to Recipient in quarterly payments of $6,500.00 each. The first payment will be made on July 15, 1995. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1996, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. Duly authorized representatives of the City shall at all masonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant sun/eys shall be done only 3 after consultation with Recipient's director regarding methods used in said visits and surveys. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1996, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For United Action for Youth, Inc.: SOSAN M. HOROWITZ, MAYOR ~ TITLE ATTEST: AI-rEST: MARIAN K. KARR, CITY CLERK TITLE contract\uay RESOLUTION NO. 95-177 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAID AGREEMENT. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to elderly people in Iowa City who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Elderly Services Agency of Johnson County to provide services for the elderly persons of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement between the City of Iowa City and the Elderly Services Agency of Johnson County for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. Passed and approved this 27th day of June , 1995. ATTEST: ~l~-~.~ 7~. ~ Approved~ b-/~'?~ CITY CLERK Cit~ Art. ore ye 'suOffice It was moved by Novick and seconded by be adopted, and upon roll call there were: Pigott the Resolution AYES: NAYS: ABSENT: X X X jccoghs~res~esa.hud Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA cl'rY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Iowa City, a municipal corporation ("City"), and the Elderly Services Agency of Johnson County ( Agency ), WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: The Agsncy shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 88% of the Executive Director's salary, 71% of the Chore Coordinator's salary and FICA for both. The Agency staff of approximately 5 FTEs shall provide assistance to 1,400 elderly persons during the year ending June 30, 1996. During the term of this Agreement, the Agency shall provide to elderly residents of Iowa City the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY96. Specifically: The Agency agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Iowa City which shall include the following components: Maintenance of a current information file on services and resources available to Iowa City elderly. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. 2 Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers are trained to monitor the lives of clients through in- home visits and telephone calls. Staff monitor volunteers' written reports and intervene as appropriate. The Outreach program will also include a case management team of professionals working for hospitals and agen- cies coordinating various levels of in-home care in complex cases. Out- reach also includes a Retired Senior Volunteer Program which acts as a clearinghouse for volunteer opportunities throughout the community with an emphasis on elderly~elping other elderly. and an CP_,.I outroach offoft to find e~igible eld o rly .,c~3'~/l,~.~.~.' a. The Agency shall publicize its Outreach service through available media resoumes on a systematic basis. The Agency shall provide a referral or liaison to community resourc- es where necessary and appropriate. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. Coordination shall include recruitment and screening of prospective independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the independent contractor. These workers will be referred to the elderly client who has request- ed help with yard work or non-licensed in-home care. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. Go A small repair program provides Iowa City residents who are over 62 years of age, who own their own homes, and who have low or moderate incomes with help in securing repairs necessary to their safety and comfort, The Agency agrees to coordinate a Shared Housing program for its elderly and handicapped clients, which shall match screened, compatible and supportive house mates who will provide some services in exchange for low/no rent. Coordination shall include finding homeowners who need either income and/or services in order to remain in their homes as long as possible. Tenant/homeowner living arrangements shall be monitored by the Shared Housing Coordinator to help ensure a successful living arrangement. li, ill. 3 The Agency agrees to serve as an advocate for the needs and concerns of Iowa City elderly on an individual and group basis as the need arises, including: Group advocacy with governmental policy makers, and with busi- ness and civic community groups on unmet needs brought to the Agency's attention through the provision of its services and on issues of concern raised by the elderly community. Individual advocacy in regard to the Agency's programs when a client has difficulty obtaining a service or when provision of a ser- vice is unsatisfactory. The Agency shall solicit and provide documentation of ongoing feedback from its clients and clients' families, and other appropriate agencies and individuals regard- ing the effectiveness of the programs offered by the Agency in serving elderly persons. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1996. PROPOSED PROJECT BUDGET: Amount IV. Salaries: Executive Director $32,423 Chore Coordinator FICA TOTAL PROJECT COSTS 17,294 3~783 $53,500 COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than Fifty-three Thousand and Five Hundred Dollars ($53,500.00) for performance under this Agreement as follows. Partial payments shall be made monthly, with the first payment to commence July 1, 1995. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. 4 The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agree- ment. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1996. In the event the Agency discontinues its services, and/or the projectJpmgram funded under this Agreement prior to June 30, 1996, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agree- ment shall revert to the City. If the properly has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal properly includes, but is not limited to, equipment, furnishings, and vehicles.) Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee behveen the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subre- cipient is an independent Subrecipient. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the cedificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insur- ance company shall notify the Community Development Coordinator within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. PART II PERFORMANCE AND REPORTING: The Agency shall direct all notices, reports, insurance policies, and other communi- cations related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, iowa City, iowa 52240. Notice by both Agency and City shall be given by ordinary mail. On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate-income, the racial composition and age range of the Agency's client group, and the number of female.headed households II. Ill. which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. Not later than July 31, 1996, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1996. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. For projects involving $25,000 or more, an audit report which meets the specifica- tions set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1996. OTHER REPORTS, AUDITS AND INSPECTIONS: The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C4 The Agency shall retain financial records, supporting documents, statistical re- cords, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. ADMINISTRATIVE REQUIREMENTS: A. Financial Manaqement 1. Accountin.q Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate intemal controls, and maintain necessary source documentation for all costs incurred. 2, Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; [and if the Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR Part 85, "Uni- form Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. Documentation and Record-Keepin~ 1. Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assis- tanca; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. National Obiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, cover- IV. VI. VII. 7 ing utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. Section 504 Compliance. The Agency confirms that no otherwise qualified individ- ual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment, Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment oppodunity statements, SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set fodh in 24 CFR 135. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cue pedod. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $53,500.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. 8 VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: IX. This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accom- plish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. No federal funds appropriated under this contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall cedify and disclose accordingly. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the servic- es to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. 9 ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Xll. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employ- ees involved in the performance of this contract. XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involve- ment with the City. IN ,.~.[TNESS WHEREOF, the Parties hereto have executed this Agreement on thi~Y~day of ,,.~r~ , 1995. CITY OF IOWA CITY, IOWA C ice ELDERLY SERVICES AGENCY OF JOHNSON COUNTY Board Merh'de'f 10 ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ' £'7'~ day of ,19 ?-5 , before me, .,,~on~r~.~--. , a Notary Public in and for said State, personally appeared Susan M. Horowitz 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 hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed, Notary Public in and for Johnson County, Iowa STATE OF IOWA ) ) SS: JOHNSON C(pUNTY ) On this ~)<~ dayof ~-'~'C.~ ~, 19~/~, bef_.f_.f~e me:Jhe undersigned, a Notary P. blic i .a for the State of Iowa, personally appe--~ and '~..~i /~,l~f~.A..~ .. ,t~mepersonallykn_own, whobeJngbyme'dulyswom, did say that the~/are the ~ ~and ~ , respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; !hat the i~,s.tJ'umerjt was signed on behalf ~'he co]por,a~on by authority of its Board of Directors, that ~'/ //~.j/'/~ and ~ ~ t~/[~"' acknowledged the execution of the instrument tT) be the voluntary act ~nd de~d of .the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. Notary Public in and for the State of Iowa contracts\esahud.agt RESOLUTION NO. 95-178 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE MID-EASTERN COUNCIL ON CHEMICAL ABUSE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SAID AGREEMENT. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City; and ~-IEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Mid- Eastern Council on Chemical Abuse (MECCA) to provide services to assist persons in need of substance abuse prevention and treatment programs in Iowa City. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement between the City of Iowa City and the Mid-Eastern Council on Chemical Abuse for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. Passed and approved this 27th day of ?igott , 1995. CITT CLERK It was moved by Novick and seconded by Pigott be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X jccoghskes~mecca.hud the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID-EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into thisZ? day of .-)u.n~.-- ,1995, by and between the City of Iowa City, a municipal corporation ("City"), and Mid-Eastern Council on Chemical Abuse ("Agen- cy"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Part I I. PURPOSE AND SCOPE OF SERVICES: The Agency shall use the CDBG funds disbursed under this Agreement for admin- istrative and operational expenses of the Agency. Specifically, these funds will be used for a portion of the Executive Director's and Medical Director's salaries. During the term of this Agreement, the Agency shall provide services to individuals who are in need of comprehensive substance abuse prevention and treatment programs. An individualized treatment plan may require the services of traditional outpatient treatment, intensive outpatient treatment, day treatment, halfway house, or residential services. The agency agrees to provide the following services: The Treatment Program shall provide residential treatment services to 55 female and 55 male clients and provide 2000 units of individual services and 8000 units of group services. 2. Provide detoxification and crisis stabilization services to 156 persons. 3. Provide 18,000 hours of formal substance abuse prevention programming. Provide a treatment alternative to prison sentence for third and subsequent drunk driving offenders through a contract with Sixth Judicial District, Department of Correctional Services. Provide aftercare programming for clients who choose to remain in the Iowa City area upon discharge from the treatment program. Details of the services to be provided are outlined in the Agency's Program Infor- mation and Goals and Objectives Statement for FY96. II. Ill. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1996. PROPOSED PROJECT BUDGET: Amount $12,250.00 12,250.00 $24,500.00 Salaries: Executive Director Medical Director TOTAL PROJECT COSTS IV. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than Twenty- four Thousand and Five Hundred Dollars and No Cents ($24,500.00) for perfor- mance under this Agreement as follows. Partial payments shall be made monthly. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. V, TERMS AND CONDITIONS: The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agree- ment. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1996. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subre- cipient is an independent Subrecipient. II. 3 Part II PERFORMANCE AND REPORTING: The Agency shall direct all notices, reports, insurance policies, and other communi- cations related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate-income, the racial composition and age range of the Agency's client group, and the number of female-headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. Not later than July 31, 1996, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of Becember, 1996. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility, For projects involving $25,000 or more, an audit report which meets the specifica- tions set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1996. OTHER REPORTS, AUDITS AND INSPECTIONS: The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. The Agency shall retain financial records, supporting documents, statistical re- cords, and all other records pertinent to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. Ill. 4 ADMINISTRATIVE REQUIREMENTS: A. Financial Manaqement 1. Account!ng Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; [and if the Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR Part 85, "Uni- form Administrative Requirements for G rants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record-Keepina 1. Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assis- tance; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3, National Objectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. IV. VI. C. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the pumhase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards and shall subsequently follow Attachment N, Property Management Standards, cover- ing utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. NON-DISCRIMINATION: Ao No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. Section 504 Compliance. The Agency confirms that no otherwise qualified individ- ual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135. 6 VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, of if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $24,500.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. Viii. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accom- plish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. No federal funds appropriated under this Contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connec- tion with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. /?3/ 7 X, CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the sewic- es to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. Xl, ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employ- ees involved in the performance of this Contract. XiV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involve- ment with the City, IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this ~ day of ~ ,1995. CITY OF IOWA CITY, IOWA ce MID-EASTERN COUNCIL ON CHEMICAL ABUSE By: Executive Dir ~tor~~ 8 ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 274~ day of ,.~,~,~-- ,19. ¢5 , before me, ~,4- , a Notary Public ir~and for said State, personally appeared Susan M. Horowitz 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 hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~lq~ day of ,.,~n.~-- , 19~5~' , before me, t~ under.signed, a Notary Public in and for th~State of Iowa, personally appeared /:~rh'~r -~' OC./,zu f' and ~l~ ,~ 3'. ~./~. , to me personally known, .who being by me duly sworn, did say that they are the ~_~,~ ~, u£ /),,~r.h.,~- and /~1 /'r,~.~/~,/-,respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corooration by authority of its Board of Directors; that/~,u~~- ~ -~/~f and .~/.~ ;~-' F~y¢ acknowledged the execution of the instrument to be the voluntary act and deed of th'e corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. .otaryPu cont ractsVneccahud,ag! Iowa ~.,o,. .. //.;¢.q RESOLUTION NO. 95-179 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNITED ACTION FOR YOUTH, AND AUTHORIZ- ING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAID AGREEMENT. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with United Action for Youth to provide services for the young people of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this The Agreement between the City of Iowa City and United Action for Youth for the use of Community Development Block Grant funds, attached hereto and made a pad hereof by this reference, is hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest tt,a Agreement. ?7rh ATTEST: ~.,~,.-~ CITY CLERK day of June ~, 1995. It was moved by ~v~ ~ and seconded by be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton jccoghsYes~uay.hud AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOOTH FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this ~-q day of ~,,,~- ,1995, by and between the City of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title 1 of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHER-F_AS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 39% of the Executive Director's salary, 11% of the Associate Director's salary, 12% of the Business Director's salary, a portion of the expenditures for taxes and benefits for the Executive Director, Associate Director, and Business Director, and a portion of the expenditures for utilities for the Youth Center. The Agency staff of approximately 22 FTEs shall provide assistance to 1800 young people and 400 parents during the year ending June 30, 1996. During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY96. Specifically: The Agency agrees to plan and conduct a comprehensive Counseling and Prevention Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Counseling and Prevention Program shall include the following compo- nents: a. Staff and maintain a walk-in center which will be open weekdays. Maintain visibility and have planned and purposeful contact with youth in the community, II. 2 Develop trust and rapport with young people to enable the Counsel- ing and Prevention staff to effectively perform their duties. Maintain records of Counseling and Prevention workers, including youth contacts, activities and referrals. Build and establish working relationships and communications with other agencies in the community. The Agency agrees to provide appropriate Counseling and Prevention services to youth as determined by individual needs. At a minimum, such services shall include: Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation, Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. WriRen records of all referrals will be maintained. Follow-up on all Counseling and Prevention provided to young people to evaluate individual situations and determine if furlher assistance is needed. The Agency shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Counseling and Prevention, including information regarding client needs, their level of trust and rapport with the Agency's staff, others' perceptions of the Agency's effectiveness, and service gaps among agencies. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1996. III. IV. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director Associate Director Business Director Benefits Utilities TOTAL PROJECT COSTS $16,000.00 3,900.00 2,800.00 3,300.00 1,000.00 $27,000.00 COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than Twenty- seven Thousand Dollars and No Cents ($27,000.00) for performance under this Agreement as follows. Partial payments shall be made monthly, with the first payment to commence July 1, 1995. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. Go Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1996. In the event the Agency discontinues its services, and/or the project/program funded under titis Agreement prior to June 30, 1996, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings and vehicles.) Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be pedormed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, 4 life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent Subrecipient. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the prope~. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 prope~ damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insurance company shall notify the Community Development Coordinator within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. PART II PERFORMANCE AND REPORTING: The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail On or before the first day of the second month following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate-income, the racial composition and age range of the Agency's client group, and the number of female-headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. Not later than July 31, 1996, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1995. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expendi- ture of CDBG funds allocated for this Project, shall be submitted by October 31, 1996. II. Ill. 5 OTHER REPORTS, AUDITS AND INSPECTIONS: The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. Go The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. ADMINISTRATIVE REQUIREMENTS: A. Financial Management 1. Accountinq Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; [and if the Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record-Keepin~ 1. Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; IV. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. National Objectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. C. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. D. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. NON-DISCRIMINATION: No person shall be excluded from or denied tho benefits of the Agency's service on the basis of age, race, color, religion, creed, national odgin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. 7 Section 504 Compliance. The Agency confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This includes, but is not limited to, programs and/or activities related to housing, employment, and the delivery of services. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of the low.a. Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135. VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $27,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VIII, TERMINATION OF AGREEMENT FOR CONVENIENCE: IX. This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, ad in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the XI. XII. 8 Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. No federal funds appropriated under this contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII, WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. XlV. LIMITATIONS OF CITY LIABILITY- DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third-party beneficiary, respondeat superior, limited or general partnership, joint venture or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this Z,/ day of .~,,~..- , 1995. CITY OF IOWA CITY, IOWA UNITED ACTION FOR YOUTH '. Cily Attorn~'s Office ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Ont~is ~.?'q' day of ~u,~¢ ,19 ~/5 , before me, ~,~ , a Notary Public in and for said State, personally appeared Susan M. Horowitz 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 hereto is the seal of said municipal corporate, and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa 10 STATE OF IOWA ) ) $S: JOHNSON COUNTY ) On this Z'~~"~' day of .~.<_ ,19 ~'~', before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared G;.,~_~ J)~-~ , and ,Jo 3o~.~.~ , to me personally known, who beifig by me duly sworn, did say that they are the ~ /(~s~,¢, ~¢~M~... and ~..~/ rr~.b..,.- ,respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the in,s. trument was signed on behalf of the corporation by authority of its Board of Directors; that. G,,~.~ /C),,.~,,. and -~ ,J~,~,~ acknowledged the execution of the rostrumerSt to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. contracts\uayhud.agt Notary Public in and for the State of Iowa RESOLUTION NO. 95-180 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TIlE IOWA CiTY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1996, THROUGH JUNE 30, 1996. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1995, through June 30, 1996, 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 27th day of June ,1995. ATTEST: ~~ CITY CLERK It was moved by Kubby adopted, and upon roll call there were: MAYOR "-- / A~/~ioved bf~f~ / ~ty Attomey'~ and seconded by ~ov~ck the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #-610 JULY 1, t995 TO JUNE 30, 1996 TABLE OF CONTENTS PAGE 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 1 2 II - Management Rights .......................................... 2 3 111 - No Strike - No Lockout ........................................ IV - Dues Check Off ............................................. 3 V - Hours of Work .............................................. 4 VI -- Overtime .................................................. 6 VII - Special Leaves ............................................. 7 VIII - Holidays ................................................. 9 IX - Sick Leave ................................................ 10 X -- Vacations ................................................. 12 XI -- Union Activities ............................................ 13 XII - Uniforms and Equipment .................................... 14 XIII - Insurance ............................................... 14 XIV -- Duty Outside the City ....................................... 15 XV -- Training Programs ......................................... 15 XVI - Bulletin Boards ............................................ 16 XVII -- Personnel Transactions .................................... 16 XVIII - Discipline .............................................. 16 XIX -- Transfer Procedures ....................................... 17 XX u Supplemental Employment ................................... 17 XXI -- Safety .................................................. 18 18 XXll - Grievance Procedure ..................................... XXIII - General Conditions ....................................... 20 XXIV -- Waiver ................................................ 21 Article XXV - Savings Clause .......................................... 22 Article XXVI -- Duration ................................................ 22 Article XXVll -- Wages ................................................. 22 Article XXVlII -- Other Compensation ...................................... 23 Article XXlX - Use of Time Off .......................................... 24 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The padies agree to the following specific provisions: ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, 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 express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: To direct the work of its employees. To develop, implement and enforce work rules, safety standards, performance and productivity standards. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. To discipline, suspend or discharge employees for just cause. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. To take such actions as may be necessary to carry out its mission. To initiate, prepare, certify and administer its budget. To exemise all powers and duties granted to it by law. ARTICLE Ill NO STRIKE-NO LOCKOUT Section 1. No Stdke. No employee covered by this Contract shall engage in any stdke at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membemhip fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made, The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the cslendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of wdtten notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. 3 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty- four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty- four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety- six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Tradin.~ of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: Two employees below the rank of Captain may make a mutual request in wdting to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their request directly to the Battalion Chief. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this oredime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period which exceeds 24 consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the second step rate of the rank being replaced, whichever is higher. Such pay adjustments will be retroactive to the odginal date of assignment. 4 If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. Such appointments will be made by the Fire Chief as follows: Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priodty in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out-of-rank assignment. Lieutenants acting out of rank: In making temporary out-of-rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out-of-rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out-of-rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2)fifteen (15) minute penalty-free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee' (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: Annual hours worked: Holiday time: 56 hours/40 hour = 1.4 2912 hours/2080 hours = 1.4 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro-rated basis. 5 ARTICLE Vl OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial consider- ations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situatior, occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call-In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2- 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the ovedime rate. Section 4. Calculation of Ovedime. Generally, ove~ime will be recorded on the basis of six (6) minute segments, and an employee must work anentire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of ovedime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. S ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift 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, grandparent-in-law, aunt or uncle, brother-in-law, sister- in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall raturn to work in the same range and step 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, dudng that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. Dudrig a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; shall not receive any other accruals or job benefits during the period of absence; shall not acquire additional seniority during said leave except in th~ case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; 7 must use all accumulated vacation to which he/she is entitled prior to the time~ that the leave without pay commences; ."~ 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 and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave ~' not exceeding ten calendar 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 calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 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 Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is nol excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pre.clnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work dudng pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. W~thin seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Bidhday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Fdday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift 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 employees 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, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $150 ($15.00 per holiday) will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis, Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the dght to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work dudng a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; 10 (2) Sedous illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. Pem~anent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. 11 A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period alter exhaustion of sick leave before employees may borrow time, amount of time before which days Inust be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 5years 1 day-10 years 10 years 1 day-15 years 15 years 1 day-20 years More than 20 yeare 12 hours (6 shifts/yr) 144 16 hours (8 shifts/yr) 192 18 hours (9 shifts/yr) 216 20 hours (10 shifts/yr) 240 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section '1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. 12 Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE Xt UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Training Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in wdting who will attend the convention ten (10) days pdor to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting ofthe Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Ne¢lotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. 13 ARTICLE Xll UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap (baseball style) Necktie 5 short-sleeve shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform tee shirts (annually) Department patches/badges Firefighting gloves Turn out coat Firefighting helmet SCBA facepiece Spring/fall jacket Belt 5 long-sleeve shirts 1 pair uniform shoes 1 uniform sweatshirt (annually) Firefighting boots Turn out pants Firefighting hood Personal Alert Safety Device Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need, The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (pro-rated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. 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, The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings 14 without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXll. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". 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 this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee 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. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of pdmary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. 15 The City and the Union agree to support and administer the Apprentice Program (Depadment of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in padicular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thidy (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVlil DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a cedain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibili- ties under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to 16 pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). Wdtten reprimand or warning. Suspension with loss of pay. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XlX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: Two (2) employees desire to trade battalions, OR, A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Adicle limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section I of this Article. 17 ARTICLE XXl SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more dsks than other employment or activities. Section 2. Pedodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4, Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: Conducting safety lectures as needed. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). Conduct safety checks in all stations and forward results to Fire Chief. Conduct Committee meetings quarterly if needed) to discuss Safety and related topics. Section 5. Druq Testinq. The City and the Union recognize the rights and responsibili- ties of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the dght to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. 18 Section 3. Representatives. The Union will certify to the City the names of three (3) .... representatives and three (3) alternate representatives for the purpose of representing fire.'".; department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief'; · gives permission for time to be used and provided that the grievance resolution does not :. · interrupt regular fire depadment work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms ofthis contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5..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 employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representa- tive), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract gdeved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the cdevant and/or representative within ten (10) calendar days. [f no response is received, the cdevant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the cdevant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the cdevant and his/her representative if such meeting is requested in writing. 19 Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both padies shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. 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 parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the padies selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed 20 by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Civic Center Io~ will be held in the names of fire 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 other City employees who park in the Civic Center parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Eadv Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXlV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate 21 to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tdbunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or po[~ion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten ('10) days unless extended by mutual wdtten agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1995, and June 30, 1996, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section '1. The effective date of compensation and benefit adjustments applicable to any risc91 year will be the first day of the pay pedod which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: July 1, 1995 June 29, 1996 June 28, 1997 June 27, 1998 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by three and one-quarter (3.25) percent at the beginning of Fiscal Year 1996, said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY96 is attached to this agreement as Exhibit A. 22 Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B ~ after six (6) months at Step A. Step C - after six (6) months at Step B. Step D - after one (1) year at Step C. Step E - after one (1) year at Step D. Step F - after one (1) year at Step E. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. ARTICLE XXVlll OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1995 for FY96. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Adicle XXVIII, Compensation of this Agreement. 23 Section 2. Lonclevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Len(]th of Service on December 1 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years 20 years 1 day - 25 years 25 years 1 day + $275.00 450.00 600.00 750.00 1,000.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in ~ny fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Defibrillator as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of two hundred and seventy- five dollars ($275.00) on the second pay day of the fiscal year. ARTICLE XXlX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: in emergency situations. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be gdevable under the provisions of this agreement. 24 The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. CITY OF IOWA CITY, IOWA ASSISTANT OITY/'MANAG~B~ ATTEST: ~.~_~.~) ~. ~ IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 Date: ..Ju, n~. Zq/ ~/'~.5 Date: 25 m w-z-O) 0 0 APPENDIX 8 / IOWA 500 [OWA 500 HEALTH CARE COV£~GE 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 copay~nt have bee~ satisfied, the dollar coverage and nu~er 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 $ubscriber's share never exceeds $500 per contract per year for covered services, regardless of the nLmt:er of family me~ers. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic Home and office calls needed to diagnose or treat a medical condition * InrmJntzattons required by a Subscriber or any person in a Subscrtber's family The idea behind IO~ SO0 coverage? To encourage continuing medical ~el-f-matntenan~e and help reduce the length and number oF unnecessary hospital stays· These efforts, of course, can help keep health care ~--and raEes--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE gO/10 Inpatient · Semi-private room and board · Necessary services and supplies · Operating rooms, intensive care, coronary and burn care units · Oelivery room for normal delivery, Caesarean section, miscarriage or admission for false labor · Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 · Npme and office vtsts . One routine annual physical exam Pre-natel and post-natal care in physician's office I~nunizations · Hospital visits and nursing facility visits .Outpatient · Surgery · Oiagnositc x-ray and laboratory services · Accident care HOME HEALTH CA~E gO/lO NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 . Unlimited Ro~m and hoard · Services and supplies · Services provided by a Registered Nurie · Services prescribed by a physician TIlE ! WA 500 PLAN COVERS TIlESE OTIIER TheseO'othe~. services ,~t~ subject tQ a $100 contract deductible per calendar year.:-. . PmscH~tons . Nu~tng Se~tces ~:.~ . ~sthettcs . Private-duty nu~tng sextus · ¢ru~ches · Durable ~dtcal e~utpment · .Other supplies when ordered by e physician DEDUCT'IBL~ AHD COPAYMENT · Air · Ground o Hospital - The Subscriber is responsible for the first two days of semi- private room and board.,'~-"- .... ~-.-~ ---:.: '-:*. ' --..-- Per Hospttal Admission. · Physician - The subscriber pay, s 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining gO%. · Other Supplies/Services - The subscriber pays the ftrst $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 servtces reach $$00 per year, iOWA 500 pays 100% of all remaining charges. If the subscriber's' expenditures for hospital, physician, and/or other services do not reach $5~, the subscriber pays 10% of all resaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mentel conditions is paid gO/10 co-pe~nent unttl the $10,000 Ltfettme Maximum is met. Co-payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE ~xpenses for covered services incurred during the months of October, November and Oecember and which are used to satisfy that year's deductible can be used toward satisfying tdie next calendar year's deductible. 1 o~ 2 day cllduc~ Summary of Benofi DELTA DENTAL COVERAGE h~ Oer~l Plan ef ~ coverage net only pmvld# a variety of ~n~ ~t I1~o e~urigfi ~ ~ ~ve ~1 miintenan~, More ~an ~ ~ ~e dentim In ~ ~cl~e in ~e ~l~ ~ntal prorim. ~ltl ~n~l ~mem ~ ~ on U.ull, ~oma~ Ind R~ble ~11~1~, ~bj~ to ~lble a~ ~p~ment prat. elo~ ~ ~ p~ram, ~r ~a ~n~l priam In~ud~ ~ 'm~l~l ~1~" provision ~ en~ ~e~e for ~n~l .~s pr~d~ ~hin generally Uke Blue Cm~ and ~lue Shield ¢ I~a, ~e ~ ~ntal Plan ~i~ ~atma direly ~om ~clp~ing dentim. ~d ~ ~y them dl~ for you. ~at ellml~ ~aimehandli~ ~or~ for you and ~ur employ~ -- and ~ ~luable Ume and mon~. To pr~lde a pr~ram to ~ ~ur ~mpan¢s ne~s, ~lta ~n~l ~an ~n~ are ~allable ~ d~u~bl~, ~en~ and maxi. mum p~ent all~an~ fo~ ~er~ ~. These benefits am ombined to meet your needs: Pmvm~e Malntetm~e benefit Includes: e Routine checkups at six.month l~a~als including b~ng 12~n~ Inte~al=. e Ta~ ~eaning on~ ~e~ six montht e Topl~[ fluoride appll~ions as pr~d b~ no more then once ~e~ ~ix mont~. e ~11-mo~ x.~ o~ In any ~r~y~r inte~al unle~ ~ is demon~r~ed. R~ne R~o~e ~n~ pro,des ongoing ~m including: e R~ular ~ fillings. · Oral ~rge~ (including pr~ and ~pe~ive e Emargen~ ~ea~em for roller d ~in. Major R~e ~n~t ~ve~: · High~ fillings. e R~t ~nal fi~lings. e Non-surgi~l ~e~ment for gum disuse, oflow~ Delta Dental Plan of Iowa RATE QUOTATION PLAN ]! Program Benefit~ [] Preventive Maintenance $ - [] Routine Restorative $. 25/75 [] Major Restorative $ " [] Dental Prosthetics $. [] Perlodontlcs $ [] Orthodontic~ $. [] Dependents to age .~_ [] Full.time ~tudents Single/Family (Annual) - % _$o _% % [] Adults Program Maximums Single $ 500 per year Family $ 500 ._ per member, per year Lifetime benefit maximum on Orthodontics Program Rates* Single $ per month Family $_ --- per month These rates guaranteed for !2 months beginning on 7-1-8§ (~tel if purchased by 7-1-85 (date) el[at . es quoted here ar~ based ul~n census fnformetion provided and a~luiting and meimaining ' mini,mum ~mllm,.~ of.9~,;, of total eligible employee* fm the clur~ion of the cataract. This is a genet,I desc~ption of c~overage. I~ is not e s~sement of contract. Amual coverage m subiccP.to the terms and conditions specified in ~ ~ i~elf and enmfimem regul~iarm in forc~ when the controt bec~ntes effective. Det~ D~nt~l Plan of ~ SIDE LI[Tll~R OF AGREEHEHT 8ETWEEH CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS [~FF, AFL-CIO, LOCAL 510 ~RCH Z7, t984 The gerttee agree that it is thetr intent that the following additions to the health insurance coverage provisions take effect. fro~ April t, [g84, until · odtfted by mutual agreenent of the parties: Mandatory Outpatient Surqery ~ocedu~es deslgnat~ by the Io~a Foundation and suitable to be perform~ on an outpatient basis must be performheel on an outpatient basis to be fully cover~ by the health insurance, ~tenuettng ctrcu~nstances which would make in-patient surgery ~tCally necessary will ~e revie~e(I by 8~ue C~oss/8~ue Shield ~f request~ ~y the physician. Oestgna~ surgeries ,~ich are not Cross/Blue ~ield, will be ~td only at a rate of 50% of charges. b. Matamity Len~h of Stay Incentive Following admission into t~e hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, prasenteU to the Human ~alattons Om~artment, the e~xployee will receive a check for $[00 (etnus necessary withholding). c. Overcharge Incentive FJ~l)loyees will receive Z5% of the correction of an over~harge or overpayment when the overcharga/overpa)n~nt is inttlat~ and successfully resolved ~y the enq)loyee. (Withholding ~ust be ~de on all payers to ~loy~s.) pa~n~ to ~1oyees ts S~OO (pro-withholding). O~c~ntatian ploy~ inttiat~ cor~tions shouiU be su~ltt~ to ~he H~ ~alattons Oafarrant when the co~action i~ acc~lis~. ~ross overcha~as resulting ~ c~putar a~or or ~tmtlar p~dbl~s will ~ot ~ eligible for payer {e.g. r~atv~ $100 wort~ of sa~tcas~ bill~ d. Out~atient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. E~nl)loyees wishing to utilize insurance coverage for purpoee~ of substance abuse treatment ~ust su~it to evaluation by a substance abuse treatment agency selected by the ~it).prior to treat- ~nt o ~-CtTY HANAGER IOWA CITY ASSOCIATION OF ~ROFESS IONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL ~5~0 FRE5 [[1EI~F SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: Annual Hours Worked: Holiday Time: 56 hours/40 hours = 1.4 2912 hours/2080 hours = 1.4 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. Pay Plan Step 1. Step 2. Step 3 FY94 18.14 18.87 19.74 1,451.20 1,509.60 1,579.20 37,731.20 39,249.60 41,059.20 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The palties agree that this side letter take effect from July 1, 1995, to June 30, 1996. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: By: Assistant City Manager President Date: fireside.ltr Date: