The URL can be used to link to this page

Home My WebLink About1999-06-15 ResolutionRESOLUTION NO. 99-178 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: Mill Restaurant - 120 E. Fraternal Order of Eagles Holiday Inn Iowa City - Burlington Street - 225 Hwy. I West 210 S. Dubuque Street It was moved by Norton and seconded by as read be adopted, and upon rollcallthere were: Thornberry that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 15th day of June ,19 99 . City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-179 RESOLUTION TO ISSUE CIGARE'I'FE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 15th day of June ,19 99 CI~I~ERK MAY6F ' Approved by City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberr.y the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerkVes~cigperm.doc CIGARETTE PERMITS PRINTED ~ 13-APR-99 PAGE: 1 DOING BUSINESS AS APPLICANTS Nia24E PURPOSE A J MINI MART A&~~JJ]MINI MukRT INC O0GE% THE LARSON INVESTMENT COMPANY LICENSE # 97 00005 93 00012 AMERICAN LE<2ION, ROY L. CMOPEK POET ~17 ~rh~ 86 00025 ~qERICAN LEClON, ROY L. CIIOFEK POST H17 85 00074 S AMOCO SERVICE 86 00021 ~LHAUER ENTERPRISES INC CITY NEWS AND BOOKS R PAUL PENNINGROTH 94 00006 CCSTREET NEWS ZEADOW 96 00008 CO AL LANES ~L CORP 85 00003 INTERNATIONAL INC 95 00005 OSS MUSTANG MARKET PETROLEUM COMPANY OF IOWA CITY 86 00001 86 00022 85 00023 ~NDING 85 00092 ~~ CORP D~T #2 DELI MART CORP D~T#3 T CORP 87 00013 87 00018 98 00014 STICKER 01948 C 01949 C/Of7 019~0 C 01951 C o1952 c 01953 C 01954 C IO 20 01955 C 01956 C IO LZ 01957 C io23 o1958 c 01959 C/022 01934 V I0ol 01960 C IoZ6 01961 C 01962 C ;oZ5 CIGARETTE PERMITS PRINTED : 13-APR-99 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE D I MART #5 DE~LLIM~T CORPORATION ~TREET HANDIMART NORDSTROM OIL COMPANY E~C~ FOOD CENTER #157 STORES INC NOFOODS #473 ~~OODS #473 E RESSSTOP ~ & SHIELA BOYD STORES INC F ERNAL ORDER OF EAGLES #695 ~RNAL ORDER OF EAGLES #695 GA~~LONE'S LONE'S LC ~ING T WALL A~AYY~AND CHI HO GREEN ROOM TIIE eRB_B_B_B_B_B_B_B_B_~N ROOM INC TIIE LICENSE 99 00006 92 00006 85 00013 93 00001 90 00009 85 00004 87 00010 93 00002 95 00006 98 00003 99 00005 91 00008 95 00004 96 00009 93 00011 99 00007 STICKER c foz 01963 C /DSo 01964 C /D31 01935 V IooZ 01965 C fo32 01966 C loSS 01967 C 01968 C !0~ 01969 C/OS~ 01970 C /~') 01936 V I coS 01971 C 01972 C 01973 C C CIGARETTE PERMITS PRINTED ~ 13-APR-99 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # EY'S SOUTH SIDE PUB G~~TiGG~RUG STORE #10 RUG COMPANY INC H TOP LOUNGE ~OP TAVERN LTD A~AKKXTOP SINCLAIR PEC INC FOOD & DRUGSTORE #2 FOOD STORES INC ~--VEE FOOD STORE #1 HY-VEE INC y~~_-VV~ FOOD STORE #3 FOOD STORES INC ~,~O~:S GROCERY, INC. S GROCERY INC ~CORPORATION KW~NN~OD HAWKEYE CONVENIENCE STORE TRANSPORT CO KIT K, THE ~ING K & GO #422 OIL CORPORATION K~~U~E GENTLE 'LL~~&MMMIGHTY SHOP, INC. MIGHTY SHOP INC DRDER OF MOOSE LODGE #1096 ORDER OF MOOSE LODGE #1096 99 00004 98 00001 95 00003 85 00125 85 00010 85 00009 85 00011 91 00009 95 00007 85 00054 85 00140 85 00135 85 00097 85 00025 85 00045 87 00005 C 01974 C 01976 C 01975 C 01977 C 01978 C 01979 C 01980 C 01937 V ;0o ~ 01981 C 01982 C 01983 C 01938 V leoS 01984 C 01985 C 01986 C CIGARETTE PERMITS PRINTED :' 13-APR-99 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE Ei~LEL]TIS OP TAAVERN LTD FORMERLY ELLERS ~ING ~ING L~F~GAL TAP VENDING INC MINI MART BHADRASHEELA S PATEL M 'S SALOON & EATERY ~KEYE AMUSEMENT ONE-EYED JAKE'S ONE POOR STUDENT INC OS~C~ DRUG STORE DRUG INC OS RUG STORES #2393 ~AN DRUG STORES INC PA~~ULi~ OF IOWA CITY DISCOUNT OF IOWA CITY INC 'S DRUG STORE 'S DRUG STORE INC PE O-N-PROVISIONS ~BINS INC JOE & FAYE GROBIN LICENSE 99 00009 98 00007 91 00004 89 00004 99 00010 90 00006 96 00005 85 00062 98 00006 85 00116 94 00003 90 00001 85 00100 85 00048 98 00008 STICKER # C 01939 V Ioo~ 01940 V ,oo~ 01941 V ~oo 5 V I0o~ 01987 C 01988 C 01942 V C 01989 C '01990 C 01943 01991 C 01992 C 01993 C CIGA~RETTE PERMITS PRINTED :' 13-APR-99 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE Q , THE ~E AMUSEMENTW QUIKT RIP #509 ~CORPOR_ATION QUIK #548 ~CORPORATION ~~OR_ATION TON'S BAR & DELI I~~EO&NMARTY ENTERPRISES INC Y AMUSEMENT SANCT RESTAURANT & PUB THE INVESTORS LC A AMOCO-KEOKUK STREET INVESTORS, L.C. W~iL~cLET HANDIMART IAM D & DAVID V NORDSTROM T MINI MART ~F_ASKY TOM & MARILYN T.G.I. FRIDAYS HI~HLAlqDER INC' THIRD COAST ALLYN ELKIN LICENSE 85 00063 90 00007 85 00019 97 00003 85 00022 99 00011 96 00003 99 00008 85 00137 98 00006 97 00007 98 00012 93 00008 85 00085 98 00013 99 00003 STICKER 01944 V/D/Z 01945 V/~ 01994 C 01995 C 01996 C C 01946 V IOI ~- C 01997 C 01998 C 01999 C 02000 C 02001 C 02003 C 02002 C C CIGARETTE PERMITS PRINTED ~ 13-APR-99 PAGE: 6 DOING BUSINESS AS APPLICANTS NAME PURPOSE I AMOCO SERVICE INC AMOCO SERVICE INC T~~C~SR PLACE JAMES J O~YE AMUSEMENT COMPANY M/R#1721 STORES INC ~'~G~ALGR~SCOMpANy LICENSE 97 00008 91 00011 85 00042 93 00013 92 00012 85 00029 STICKER # 02004 C 02005 C 02006 C 01947 V 02007 C 02008 C TOTAL CIGARETTE PERMITS: 85 Prepared by: Jim Schoenfelder, Architect, 410 E. Washington St., Iowa City. IA 52240, (319)356-5044 RESOLUTION NO. 99-180 CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SENIOR CENTER FIRE SPRINKLER INSTALLATION AND CEILING REPLACEMENT 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. 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 29th day of June, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. , That 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. 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 15th ATTEST:C~:t~,r~E'2 ~. City Attomey's Office It was moved by Norton adopted, and upon roll call there were: pwengVes~s/drfice.doc and seconded by AYES: X X X X X X X NAYS: Thornberry the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef 06-15-99 2e(1) Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-181 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY98 CELL CONSTRUCTION PROJECT. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new landfill cell in accordance with all state and federal regulations as constructed by McAninch Corporation of Des Moines, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE It RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this l_Eth day of ,1999. ATTEST:Ci~~i~, ~) c~. ~)/~,,¢4) ~AYOR City Attorney's Office It was moved by Norton adopted, and upon roll call there were: AYES: X X X X X X x and seconded by NAYS: Thornberry the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT June 7,1999 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Landfill FY98 Cell Construction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Landfill FY98 Cell Construction Project has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids, Iowa. The final contract price is $1,167,326.81. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse~/~, P.E. City Engineer 410 EAST V~'ASHINGTON STREET · IO~'A CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA:52240 (319) 356-5145 RESOLUTION NO. 99-182 RESOLUTION ACCEPTING THE WORK FOR THE COLLEGE STREET PEDESTRIAN MALL WATER MAIN REPLACEMENT PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of College Street Pedestrian Mall Water Main Replacement Project, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated March 10, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are 'hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15t, h day of June ,19 99 Appmved by City Attomey's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ENGINEER'S REPORT June 15,1999 Honorable Mayor and City Council Iowa City, Iowa Re: College Street Pedestrian Mall Water Main Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the College Street Pedestrian Mall Water Main Replacement Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $249,922.68 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric~rl~d~. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CII'Y, IOWA 52240-1826 , (319) 356-5000 · FAX (319) 356-5009 Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-183 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASES IlIA AND IIIB. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and water main improvements for Mormon Trek Village, Phases IlIA and IIIB as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 15th day of June ,1999. ATTEST:Ci'i'i~'~"~ERi~-''') ~ ~ d by It was moved by Norton adopted, and upon roll carl there were: AYES: X X X X X X X and seconded by NAYS: Thornbetray the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef pweng/res/mormonii.doc June 7,1999 ENGINEER'S REPORT Honorable Mayor and City Council Iowa City, Iowa Re: Mormon Trek Village, Phases IlIA and IIIB Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Mormon Trek Village, Phases IlIA and IIIB, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Mormon Trek Village, Phase IlIA includes one (1) 12-plex. It is addressed as follows: 2568, 2570, 2572, 2574, 2576, 2578, 2580, 2582, 2584, 2586, 2588 and 2590 Rushmore Drive. Mormon Trek Village, Phase IIIB includes twelve (12)2-plexes, two (2)4-plexes and one (1) 18-plex. The twelve (12) 4-plexes are addressed as follows: 1435, 1437; 1445, 1447; 1504, 1506; 1509, 1511; 1514, 1516; 1519, 1521; 1528, 1530; 1529, 1531; 1539, 1541; 1549, 1551; 1559, 1561; 1601 and 1603 Ranier Drive. The two (2) 4-plexes are addressed as follows: 2609, 2611, 2613, 2615; 2625, 2627, 2629 and 2631 Rushmore Drive. The 18-plex is addressed 2562, 2564, 2566, 2568, 2570, 2572, 2574, 2576, 2578, 2580, 2582, 2584, 2586, 2588, 2590, 2592, 2594 and 2596 Cascade Lane. I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~~osse~''~ P. E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319} 356-5000 · FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-184 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SECURITY INTEREST AND A NO-INTEREST PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2254 RIVERSIDE DRIVE #25, IOWA CITY, IOWA AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THATCHER MOBILE HOME PARK OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY WHEREBY THE CITY OF IOWA CITY RELEASES ITS SECURITY INTEREST AND ITS' LIEN ON THE SUBJECT PROPERTY AND THATCHER MOBILE HOME PARK SELLS THE MOBILE HOME TO A LOW-INCOME HOUSEHOLD. WHEREAS, on August 1, 1997, the property owner of 2254 Riverside Drive #25 executed a Promissory Note in the form of a no-interest loan for the amount of ~ 1,469 through the City's Housing Rehabilitation Program; and WHEREAS, this document created a security interest on the mobile home and a lien against the property; and WHEREAS, the owner has passed away; and WHEREAS, the City will forgive the balance of the loan; and WHEREAS, the City of Iowa City has reached an agreement with Thatcher Mobile Home Park wherein the City of Iowa City will release its lien and if Thatcher Mobile Home Park acquires possession of the mobile home, that it will be sold to a low-income household; and WHEREAS, the security interest and lien need to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2254 Riverside Drive #25, Iowa City, Iowa from the Promissory Note signed on August 1, 1997 and releases its' security interest in the mobile home. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Conditional Waiver of Lien agreement. Passed and approved this 15th day of aune ,19 99 Approved by ,-_/~ City Attorney's Office It was moved by Nor'ton and seconded by Tho~'nberr'~v adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdrehab~res~22.54rvsd.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2254 Riverside,Drive #25, Iowa City, Iowa, and legally described as follows: .VIN # 744701589S TITLE NO. 52-W250659 from an obligation of the property owner, Gary McAtee, to the City of Iowa City in the amount of $1,469 represented by a Promissory Note signed on August 1,1 997. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CiT~y~LE~,,E.2 Approved by City Attorney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this /,~ ~'' day of '~ ,,, ,.,,, , A.D. 19 c/,) , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marjan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. tR-I~ ~(, adopted by the City Council on the ~_~ ,L day c~c ,~"'~,,~ , 19 c/? and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\2254rvrl.doc Notary Public in and for Johnson County, Iowa CONDITIONAL WAIVER OF LIEN The City of Iowa City, ("City") agrees to release its lien on the mobile home located at Thatcher Mobile Home Park, CThatcher"), 2128 Riverside Drive, lot #25, and owned by Gary McAtee, subject to the following conditions: o Thatcher will provide the family of Gary McAtee (deceased) notice and an opportunity to remove personal items from the unit until May 15, 1999. Thatcher agrees, should it acquire title to the mobile home pursuant to Chapter 555B of the Code of Iowa entitled "Disposal of Abandoned Mobile Homes and Personal Property", or through any other manner, that it will sell the unit to a household whose annual income is less than sixty (60) percent of the area median income as determined by the U.S. Department of Housing and Urban Development. A copy of said income guidelines is attached hereto and incorporated herein by this reference. Thatcher shall disclose to the buyer(s) of said mobile home, in writing, that the mobile home sustained some damage in the 1993 flood. Prior to purchase, Thatcher shall notify the buyer(s) in writing that the unit is ineligible for additional assistance from the City's Housing Rehabilitation program, due to the fact that said mobile home unit has already received rehab assistance exceeding $6000, the maximum amount allowable under the 1998 Housing Rehabilitation Manual. 5. Thatcher shall provide documentation to the City demonstrating compliance with all conditions set forth above. Thatcher Mobile Home Park Title: X-~J-~ ~ ~ Ernest W. Lehman, Mayor Attest: ~, ~- ~ City Clerk Approved by: ,,~f~ d'--~ "~ City Attome~rs Office Prepared by: Steven Nasby, Associate Planner, 410 E. Washington St., Iowa City IA 52240 (319) 356-5248 RESOLUTION NO. 99-185 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA HOMELESS SHELTER OPERATIONS 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 Homeless Shelter Operations Grant 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 Homeless Shelter Operations Grant Program funding in the amount of $140,220 available to the City of Iowa City for the support of the Domestic Violence Intervention Program, Emergency Housing Project, Greater Iowa City Housing Fellowship, Successful Living Inc., Table to Table, and Four Oaks (a.k.a.Youth Homes, Inc.). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Iowa Homeless Shelter Operations Grant Program funding (99-HES- 005), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Iowa Homeless Shelter Operations Grant Program funding. 3. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 15th day of June , 1999. -tA bFF' ' ATTEST:C~~- Approved by C~ty Attor~ey's Office jccoghsVes~agt-idedl .doc Resolution No. 99-185 Page 2 It was moved by Nnr't. nn and seconded by adopted, and upon roll call there were: AYES: NAYS: × X X X X X X Tho~'nbe~'~'y the Resolution be ABSENT: .. Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT HOMELESS SHELTER OPERATIONS GRANTS PROGRAM GRANT CONTRACT RECIPIENT: HSOGP CONTRACT NUMBER: AWARD DATE: CONTRACT EXPIRATION DATE: EFFECTIVE DATE: AWARD AMOUNT: City of Iowa City 99-HES-005 April 22, 1999 June 30~20.00 July 1, 1999 $140,220.00 THIS HOMELESS SHELTER OPERATIONS GRANTS PROGRAM CHSOGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309, ("Department" or "IDED") and City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse HSOGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing service providers for the homeless; and WHEREAS, the Grantee submitted an application for funding to the Department and the Department has approved the application; and WHEREAS, in approving the application the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining HSOGP funds is to improve the quality of existing service providers for the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT. "Act" means the 1999 Iowa Acts, House File 745. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B, Budget Summary and consistent with regulations and guidelines applicable to the HSOGP program. 1.3 AWARD DATE. "Award Date" means the date on which the Department approved the HSOGP participation as first stated. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon occurrence of the earliest of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the contract expiration date first stated; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. 1.5 EFFECTIVE DATE "Effective Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. Contract Number: 99-HES-005 Page 2 of 12 1.6 HOMELESS SHELTER OPERATIONS GRANTS PROGRAM (HSOGP "Homeless Shelter Operations Grants Program" means the grant program authorized by the Code of Iowa, Chapter 15, Section 15.349 and Chapter 16, Section 16.5(16), which includes funds transferredfrom the Iowa Finance Authority. 1.7 GRANT. "Grant" means the award of HSOGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACTS. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the HSOGP grant and a related shelter's grant application together with any related submittal documents. 1.9 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.10 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed or accomplished by the Grantee as described in this Contract and the HSOGP application approved by the Department. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a state appropriation for the Homeless Shelter Operations Grants Program (HSOGP), and funds transferred from the Iowa Finance Authority. 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient funds for the HSOGP program. Any termination, reduction or delay of HSOGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of HSOGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the effective date first stated and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before the contract expiration date first stated. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget as presented in Attachment B, "Budget Summary". It is further understood and agreed that the total of all payments to the Grantee by the Department for all Contract Number: 99-HES-005 Page 3 of 12 work and services required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 . ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Homeless Assistance Grants Manual, to be distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities and performance targets as described in Attachment B, "Budget Summary", and as further elaborated in the Joint Grant Application. 4.2 CALCULATION OF PROJECT. The Department has the final authority to assess whether the Grantee has met their performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment B, "Budget Summary". The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal as summarized in the Grantee's approved Homeless Shelter Operations Grants Program Budget Summary (Attachment B). 5.2 SPECIAL. None. 5.3 BUDGET REVISIONS. Budget revisions that would result in increases of budgeted line item amounts in excess of twenty percent (20%) of the total contract award shall be subject to approval of the Department through the contract amendment process. Budget line item decreases that would lower the Recipient's performance level required under this Contract must be approved by the Department through the amendment process. In no instance shall a budget revision result in total costs exceeding the total Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities. 5.4 COST VARIATION. (a) In the event that the total Project cost is less than the mount specified in the Agreement, Attachment A-1, "Program Description and Budget/Workplan," the HSOGP participation shall be reduced at the same ratio to the total project cost reduction as the ratio of the HSOGP funds to the total amount of funds provided by the Recipient and all funding sources requiring a proportional reduction of their financial contribution to the Project. Any disbursed excess above the reduced HSOGP participation amount shall be returned immediately to the Department. (b) In the event that the total Project cost is greater than the amount specified in the Agreement, Attachment A-1, "Program Description and Budget/Workplan," the Department shall, upon request, consider increasing the HSOGP participation in the same ratio to the total increase in project cost as the ratio of the HSOGP funds to the total amount of funds provided by the Recipient and all other funding sources able and willing to offer the Project an increase of funds. The consideration of an increase of HSOGP funds for a Project shall be subject to availability of funds, determination of reasonable and allowable costs, and all other applicable program rules. (c) The Recipient may request the Department to increase the HSOGP participation to an amount that is higher than the proportional ratio. The Department may permit such a higher increase if, in the Department's judgement, the Recipient has demonstrated financial hardship. Contract Number: 99-HES-005 Page 4 of 12 ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: 6. I GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. 6.3 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds, shall receive and review the subrecipient agreement between the grantee and approved subrecipient(s). ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that: 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract, has been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were submitted to the Department for HSOGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the Grantee submitted its HSOGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or arrangements of any kind, which are inconsistent with the Grant Contract. 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. Contract Number: 99-HES-005 Page 5 of 12 ARTICLE 8 COVENANTS OF THE GRANTEE 8. I AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the Joint application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless individuals and families in the construction, renovation, maintenance, and operation 0f facilities assisted under the Homeless Shelter Operations Grants Program. (b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of the month when due, and for final reports, within thirty (30) days after the Contract Expiration Date. The Grantee shall review all reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Payment Recluest/Status of Funds (Form 1) 10th of every month after submitting initial request (original and three copies) Summary Performance Report (CHIP Format where feasible or Form 3-D) Within 15 days of Contract completion and within 15 days of the end of a calendar year. Updates to the AISplicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1984. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Homeless Shelter Operations Grants Program. (c) RECORDS. The Grantee shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a five (5) year period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or ira claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time, permit the Department, its representatives or the State Auditor to examine, audit and/or copy (i) any plans and work details pertaining to the Project, (ii) all of the Grantee's books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or inspection. (e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. Contract Number: 99-HES-005 Page 6 of 12 DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (i) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete. and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee. (h) INDEMNIFICATION. The' Grantee shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performanc~ of this Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa Administrative Code, chapter 24. (ii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the IDED Homeless Funds Manual, the IDED Audit Guide. 8.2 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of the Grantee in connection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee. (b) NONCOMPLIANCE. lfthere is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Contract. (c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not completed on or before the Contract Expiration Date. (d) MISSPENDING. If the Grantee expends Grant proceeds for purposes not described in the application, this Contract, or as authorized by the Department. Contract Number: 99-HES-005 Page 7 of 12 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it to do one or more of the following: (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full mount of funds disbursed to the Grantee under this Contract plus interest. 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents that are hereby incorporated by reference: 1. Attachment B, "Budget Summary," dated April 22, 1999. 2. Attachment C, "General Provisions," dated June I, 1998. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of priority shall govern: 1. Articles I through 11 herein. 2. Attachment C, "HSOGP General Provisions", dated June 1, 1998. 3. Attachment B, "Budget Summary", dated April 22, 1999. ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgements, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. 'If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the project is completed as determined by the department. Contract Number: 99-HES-005 Page 8 of 12 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. l 1.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. I !. 10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRANTEE: BY: The Honorable Ernest W. Lehman Mayor, City of Iowa City 410 East Washington Iowa City, IA 52240-5248 DATE: IOWA DEPARTMENT ECONOM~ENT: BY: ~~S ON ADMINISTRATOR DATE: ;/~ ? ~ ~ IOWA HOMELESS GRANTS OPERATIONS GRANT ATTACHMENT B Contract Number: 99-HES-005 Grantee: City of Iowa City Address: City Hall, Iowa City, Iowa Homeless Agency(s): 52001 = DV Intervention Pgm; 52003 = Emergency Housing Project; 52004 = Gtr la City Hsg Fellowship; 52006 = Four Oaks; 52007 = Table to Table; 52020 ~ Successful Living Supp. Hsg. BUDGET SUMMARY PROJECT DESCRIPTION Activity 1: REHABILITATION I RENOVATION PERFORMANCE TARGET HSOGP PROGRAM DATE: To be filled in by DED Original Amendrnent if FId Rep Sgn AMOUNT BUDGETED OTHER TOTAL Activity 2: ESSENTIAL SERVICES SUBTOTAL: $0 52020 - $4,000 Assist ith the cost of a Counselor position $4,000 $4,000 Activity 3: MAINT., OPER., INSUR., UTIL, FURN. 52001 -$25,100 52003- $42,900 52006-$19,000 52007 o$22,000 52020- $ 7,200 Assist with day-to-day operating expenses that includes; staff salaries, maintenance, insurance, utilities, and furnishings SUBTOTAL: $4,000 $116.200 $116,200 Activity 4: HOMELESS PREVENTION 52001 -$5,000 52004-$5,000 52006- $5,000 One-time emergency payments to near homeless clients for rent, utility, and/or secudty deposit expenses. SUBTOTAL: $116,200 $15,000 $15,000 GRANTEE ADMINISTRATION: (Audit, Reporting, Local Coordination) TOTAL AMOUNT OF ALL FUNDS BUDGETED: SUBTOTAL: $15,000 :::::::::::::::::::::::::::::::::::::::::::::: .............1$5.020 $5.020 ~ .............:.:.::::::::~:~:i:iiiiii~!~!i $140,220 $140,220 ATTACHMENT C GENERAL PROVISIONS HOMELESS SHELTER OPERATIONS GRANTS PROGRAM (HSOGP) Approved June 1, 1998 1.0 2.0 3.0 4.0 5.0 6.0 7.0 AMENDMENT (a) (b) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the PrOject including, but not limited to, alteration of existing approved activities or inclusion of new activities. UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Corttract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicab]te federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. (C) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. AUDIT REQUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee receives $300,000 or more in federal funds within a fiscal year. If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report will be provided to the IDED. The IDED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. If requested, this audit and review will be at the expense of the IDED. COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other means or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall either be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the Joint Application for funding. Program income not used to further Project objectives will be deducted from the: total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. INTEREST EARNED. To the extent it can be determined that interest was earned on HSOGP funds, this interest shall be returned to IDED. ' SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of HSOGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A- 87. Contract Number: 99-HES-005 Page 10 of 12 8.0 TERMINATION. (a) (b) FOR CAUSE. IDED may terminate the Contract in wholc, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. FOR CONVENIENCE. IDED, the Grantee may terminate the Contract in whole, or in part, when all parties agree that 'the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. (c) DUE TO REDUCTION OR TERMINATION OF HSOGP FUNDING. At the discretion oflDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of HSOGP grant funds. 9.0 PROCEDURES UPON TERMINATION. (a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. (b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under the Contract shall, at IDED option, become the property of IDED. (c) RETURN OF FUNDS. The Grantee shall return to IDED all uncncumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. (a) GENERAL. Except for the use of HSOGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to HSOGP assisted activities or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a HSOGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which are receiving HSOGP funds. (c) CONFLICTS OF INTEREST. Chapter 68B, Code of lowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. HSOGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. Contract Number: 99-HES-005 Page 11 of 12 14.0 CIVIL RIGHTS. (a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The', Grantee agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. (b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local offices. (C) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, iowa Executive Order 15, Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-122][3, Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 7941, and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will fumish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. (d) PROGRAM NONDISCRIMINATION. The Grantee shall conform to requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 61(11 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an otherwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 7941, shall also apply to any such program or activity. (e) FAIR HOUSING. The Grantee shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq), generally known as the Fair Housing Act, NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. in the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 60 IA, Code of Iowa) or as otherwise provided by law. (g) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. 'The Grantee will take such action with respect to any subcontract as the State of lowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed[ in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 151. 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. Contract Number: 99-HES-005 Page 12 of 12 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690) The Grante~ will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO. 99-186 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN APPLICATION FOR HAZARD MITIGATION GRANT PROGRAM THROUGH IOWA EMERGENCY MANAGEMENT DIVISION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY BY THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City desires to undertake a project entitled the Riverside Drive/Arts Campus Stormwater Management Project in order to resolve a recurrent drainage and flooding problem; and WHEREAS, the City of Iowa City desires to make application through Iowa Emergency Management Division (EMD) to the Federal Emergency Management Agency (FEMA) for the Hazard Mitigation Grant Program, in the amount of $808,000 for the total project, of which $202,000 will be a 25% local match; and WHEREAS, the City of Iowa City recognizes the fact that the Hazard Mitigation Grant Prograrn is a 75% federal / 25% local matching grant; and WHEREAS, the City of Iowa City shall form an agreement with Iowa EMD and FEMA as to the date that said 25% shall be available to match the federal funds awarded; and WHEREAS, for the purpose of obtaining Federal/State financial assistance through the Iowa Emergency Management Division (IEMD) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the Code of Iowa, Chapter 29C it is necessary to designate a City of Iowa City authorized representative; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA, CITY, IOWA THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the designation of the City Engineer as the authorized representative of the City of Iowa City for the purpose of obtaining Federal/State financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the Code of Iowa, Chapter 29C, copy of which is attached hereto. The Mayor is hereby authorized to sign and the City Clerk to attest a local match agreement to fund 25%, or $202,000 of the total project cost, a copy of which is attached hereto. Passed and approved this 15th day of ,] une ,1999. ATFEST:Ci~_(--%~> ~ _. City Attorney's Office pwengVes~rant2.doc LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM WHEREAS, CITY OF IOWA CITY (subgrantee), County 9f JOHNSON , has made application through Iowa Emergency Management Division (EMD) to the Federal Emergency Management Agency (FEMA) for the Hazard Mitigation Grant Program, in the amount ors 808,000 for the total project, or $ 202,000.00 as the 25 % of local match, and WHEREAS, __CITY OF IOWA CITY Hazard Mitigation Grant Program is a 75 (subgrantee) recognizes the fact that the % federal / 25 % local matching grant, and WHEREAS, CITY OF IOWA CITY with Iowa EMD and FEMA as to the date that said federal funds awarded. (subgrantee) shall form an agreement 25 % shall be available to match the CITY OF IOWA CITY (subgrantee) agrees to provide $ 202.000.00 (_TWO HUNDRED TWO THOUSAND dollars) of local monies to be used as matching funds for the Hazard Mitigation Grant Program Project as outlined in the grant application. This resolution was passed and approved this 15th day of June ,19 99 Authorized Representative's Signature ATTESTED: match.res Colr) FEMA-DR- -L~. STATE OF IOWA DESIGNATION OF APPLICANT'S AUTHORIZED REPRESENTATIVE RESOLUTION BE IT RESOLVED BY CITY ENGINEER (Official Position) IOWA CITY COUNCIL (Governing Body) THE CITY OF IOWA CITY (Applicant Entity) THAT RICHARD FOSSE (Name of Representative) , is hereby authorized to execute on behalf of · the hazard mitigation project and to file it with Iowa Emergency Management Division (IEMD) for the purpose of obtaining Federal/State financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93-288, as amended) and the Code of Iowa, Chapter 29C. PASSED AND APPROVED THIS 15th DAY OF dune · 19 qq Ernest W. Lehman, Mayor (Signature) Chief Executive Officer I, Marian K. Karr of the City of Iowa City (Applicant Entity) CERTIFICATION , do hereby ce~ ~at ~e above is ~e ~d correct copy of a resolution passed and approved by Marian K. Karr (Printed Name) (319) 356-5041 (Area Code/Phone Number) , on the 15th Iowa City Council (Governing Body) day of June ,19 99 (Signature) 06-15-99 , 2e(7) Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-187 RESOLUTION FIXING THE TIME AND PLACE FOR RECEIPT OF BIDS AND DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENTS FOR BIDS FOR CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT. WHEREAS, the City Council on March 2, 1999 approved the plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Transit Facility Methane! Abatement Project, established the amount of bid security to accompany each bid, directed the! City Clerk to publish advertisements for bids, and fixed the time and place for receipt of bids; and WHEREAS, the City desires to modify time and place for receipt of bids from March 30, 1999 to June 24, 1999; and WHEREAS, as required by the Iowa Department of Transpodation, potential bidders must prequalify to submit bids and a deadline for submittal of Statements of Qualifications must be set. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in Iowa City. Statements of Qualifications are to be received by the City of Iowa City, Iowa at the office of the City Clerk, at the Civic Center, at 4:30 p.m. on the 18th of June, 1999. 3. The previously established time for receipt of bids shall no longer be applicable. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the office of the City' Clerk, at the Civic Center, at 4:30 p.m. on the 24th of June 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee and thereupon referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 p.m. on the 29th of June 1999, or at such later time and place as may then be fixed. Passed and approved this 15th day of June ,19 99 ATTEST:~ ~. pwengVesVnethane .doc City Attorney's Office Resolution No. 99-187 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X Thornberry the Resolution be ABSENT: ,- Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 99-188 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2000 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY2000 at a rate of $28,050. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The FY2000 agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code, Section 28E Passed and approved this ATTEST:C~_.) '~. 15th day of 'June ,1999. Approved by 'Cft~,ttorney's Office It was moved by Norton and seconded by Thornberry adopted, and upon roll call there were: the Resolution be AYES: NAYS: X X X X X ABSENT: Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef jccoCp/resrous28eic.doc Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 FY2000 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA h it ive ts, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: /, Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. /L Duration The term of this agreement shall commence July 1, 1999, and continue through and including June 30, 2000. On the mutual agreement of the parties, this agreement may be extended for a one-year renewal term commencing July 1, 2000, through and including June 30, 2001. ///. Term/nat/on This agreement may be terminated upon thirty calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $28,050 for the provision of public transit service as herein described during FY2000. Payment shall be made in twelve monthly payments of $2,377.50 each, to be received by the City of Iowa City on or before the 15th of each month. Y. Chapter 28E;, Code of lowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY Ernest W. Lehman, Mayor Attest: Approved by: ~ity Attorney's Office CITY OF UNIVERSITY HEIGHTS By: J> Donald S. Swanson, Mayor Attest: Patricia Birk, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /5 ~._k day of "'3"',.<n-_ 19 ':7~ before me, -e>c~r,,J~,~ -,_ ~-o,,Jr-- , a Notary Publi<~ in and for th;~ State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ((:3rrlipanO0) (Resolution) No. ?~- / ~ ~' passed by the City Council, on the /5 .,,L day of "3'u.n~_ , 19 '~? , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this [ 54'~ day Notary Public in and for the State of Iowa --rn1 · , 19 <:} CJ before me, , a Notary Publi<~ in and for th;~ State of Iowa, personally appeared Donald S. Swanson and Patricia Birk, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, 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 Co,u~ncil, as contained in (Resolution) No. I <~-3 passed by the City Council, on the 1 ..I.'~- day of ~ I , 19 ~',~ , and that Donald S. Swanson and Patricia Birk acknowledged the'?exe ution of the instrument to be their voluntary act and d d I and deed of the patio , i ' . '~ .~! r,f(COMMIS~ION EXPIRES ' ? -/(,, .~._0~ . Notary Public in and for the State of Iowa jccoglp/agt/28e-icuh.doc Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 99-3 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'i'i'EST THE FY2000 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY2000 at a rate of $28,050. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the FY99 28E Agreement between the City of University Heights and the City of Iowa City for transit service. It was moved by ~r'):~_,~"~ and seconded by~2~'~/''~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this From Gay Jacobson Jones Ma~in dayof ~J~ ,1999. Mayor, Donald S. Swanson ATTEST: ~.~, City Clerk, Patricia Birk CHESTER J. CULVER SECRETARY OF STATE ,~, OF to¢' HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 August 5, 1999 Marian Karr City of Iowa City 410 East Washington St Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the City of University Heights Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of August 5, 1999. Sincerely, Chester J. Culver Secretary of State CJC/skr Enclosures Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. Country Club Estates 1st addition RESOLUTION APPROVING FINAL PLAT OF COUNTY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S&J Development, filed with the City Clerk the final plat of Country Club Estates, First Addition, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Part of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian in Johnson County, Iowa City, Iowa and more particularly described as follows: Commencing at the Northwest Corner of Lot 17 of Southwest Estates Subdivision Part Two as recorded in the Johnson County Recorder' s Office; Thence South 00053, 42"West, Along the Westerly Line of said subdivision, a distance of 250.00 feet; Thence South 81°48'45'' West a distance of 171.60 feet; Thence Southwesterly, 67.94 feet, along a 50.06 foot radius curve, concave northwesterly, whose 62.83 foot chord bears South 30°44' 16" West; Thence South 20o20, 12"East a distance of 39.77 feet; Thence South 81010, 06"West a distance of 166.42 feet; Thence North 89005, 55"West a distance of 226.92 feet; Thence North 02o46, 50" East a distance of 126.16 feet; Thence Northwesterly 31.07 feet along a curve concave Northeasterly with a radius of 325.00 feet and a chord of 31.06 feet bearing North 81 °40' 08"West; Thence North 78055, 47"West a distance of 45.55 feet; Thence Southwesterly 39.27 feet along a 25 foot radius curve concave southeasterly whose 35.36 foot chord bears south 56°04'13'' west; Thence south 1 l°04'13'' west a distance of 5.00 feet; Thence north 78°55'47'' east, a distance of 60.00 feet; Thence North 1 l°04, 13"East a distance of 65.33 feet; Thence North 78o55, 47"West a distance of 120.00 feet; Thence South 1 l°04' 13"West a distance of 170.36 feet; Thence North 78°55' 47"West a distance of 287.00 feet; Thence North 17016, 57" West a distance of 83.79 feet; Thence North 00°21'05" East a distance of 80.00 feet; Thence North 33023, 52" East a distance of 170.83 feet; Thence South 78o55, 47" East a distance of 396.77 feet; Thence North 1 l°04' 13"East a distance of 294.12 feet; Thence South 78°55' 47" East a distance 60.00 feet; Thence South 1 l°04' 13" West a distance of 28.39 feet; Thence south 89o05, 55"East a distance of 479.18 feet; Thence South 00o53, 42" West a distance of 180.00 feet to a point on the Southerly right-of-way line of Phoenix Drive; Thence South 89o06, 18" East, along said right-of-way line, a distance of 115.01 feet to the Point of Beginning. Containing 10.45 acres and subject to easements of record. Resolution No. Page 2 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 an,d recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivi~sion has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with' Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY', IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets 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. e The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 1999. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: ppdadminVes'~dbesLdoc NAYS: MAYOR and seconded by the Resolution bc ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Jun-14-99 03:32P barker cruise kennedy etc 319 351 0605 MICHAEL W. KENNEDY ,JOHN D. CRUISE STEVEN C. ANDERSON KIRSTE:N H. FREY · KANDIE: K. BRISCOE: VIA FAX: 356-5009 Sarah E. Holecek Assistant City Attorney City of Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 KENNEDY, CRUISE, ANDERSON 8, F'REY, L.L.P. LAWYERS D2o $. DUBUQUE STREET- P.O. BOX 2000 IOWA CITY, IOWA June 15, 1999 JUN I 5 ]999 AREA CODE 319 TEL.EPHONE 351-8181 FAX 351-0G05 CITY ATTORN[Y'S OFFICE Re: Country Club Estates First Addition Dear Sarah: On behalf of S & J Development, L.L.P, the subdivider of Country Club Estates First Addition, we hereby request that consideration of the final plat of this subdivision be deferred to ~e June 29, 1999 meeting. Thank you very much. MWK/seg MK21 \L37a6698 Very ~ruly yours, Michael W. Kennedy STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0027. Country Club Estates First Addition - Final Plat GENERAL INFORMATION: Applicant: Contact person: 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: 60-day limitation period: Prepared by: Scott Kugler Date: March4, 1999 S&J Development 1040 Bryan Court Iowa city, Iowa 52245 Phone: 358-8730 Mike Speer Phone: 358-8730 Final plat approval To create a 20-lot residential subdivision with two outlet. At the west terminus of Phoenix Drive. 10.40 acres Undeveloped, RS-5 and RR-1 North: County Care Facility, P; East: Residential, RS-5 and RR-1; South: AgriCultural, undeveloped, RR-1; West: Agricultural, undeveloped, RR-1 and A1 (County) Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions October 15, 1998 Waived due to delays associated with preliminary plat Waived as per above BACKGROUND INFORMATION: The applicant, S&J Development, is requesting final plat approval of Country Club Estates First Addition, a 20-lot, 10.40 acre residential subdivision located at the west terminus of Phoenix Drive!. The plat also contains two outlots, one of which is to be the site of a private recreational facility which the Board of Adjustment has already approved by special exception. This plat covers a portion of a larger 111.16 acre property owned by the applicant. The Commission recommended approval of the preliminary plat for this property on August 20, 1998. After the Commission's review was complete, an access problem was discovered involving property at the southeast corner of the plat. Consideration of the preliminary plat was delayed at the City Council level pending resolution of this issue. At issue was an inconsistency between the design of the proposed plat and access considerations that had previously been granted to an adjacent property owner by a past owner of the subject property. This issue has been resolved through the creation of Outlot B on the plat, which is to be transferred to the adjacent property owner to provide the previously agreed upon access. As a result, the plat now includes 20 lots versus the previously proposed 21 lots. ANALYSIS: The proposed final plat is in conformance with the City's subdivision regulations. Legal papers and construction drawings will have to be approved by staff prior to City Council consideration of the plat. Infrastructure: The proposed preliminary plat includes the extension of one existing street, Phoenix Drive, as well as the platting of three new public streets. Phoenix Drive is a 31-foot wide collector street that connects directly to Rohret Road through the Southwest Estates subdivision. It would provide the only means of access to the lots being platted in this phase of the development. Lake Shore Drive is a proposed collector street, also 31 feet in width, that has been shown on concept plans as connecting to Rohret Road to the south. This portion of the 111.16 acre parcel is zoned RS-5 and can be developed with the single access under the City's secondary access guidelines. However, staff has some concerns about the development of this property proceeding from the north to the south toward Rohret Road rather than the other way around. Developing the property in this manner results in all of the traffic generated from the earl,./ phases of the development utilizing Phoenix Drive to the east through Southwest Estates. Staff feels that at some point early on in the development of the overall 111.16 acre property, a connection to Rohret Road via Lake Shore Drive should be required. This should be addressed in a conditional zoning agreement at some point as additional development approval is requested for other portions of this property. Lake Shore Drive is currently proposed to be constructed to collector street standards. The City typically pays for the cost of oversize paving of collector streets within residential developments., and will do so in this case given the expectation that Lake Shore Drive will function as a collector. However, a development proposal for the rest of the property has not yet been approved, and the design of the street system for the rest of the property may change. If Lake Shore Drive turns out not to be a collector street when the overall plans are approved, the oversize fees already spent by the City for the current portion of the street should be credited toward the construction of other collector streets within the development. The legal papers should provide for that possibility should the street system change significantly from that currently being used to guide the design of the First Addition. Sanitary sewer and water are available for this phase of the development of the property. Sanitary sewer is being provided through a 10-inch line that is located within the Southwest Estates development to the east of this property. While capacity exists for the proposed 20 residential lots, the development of other phases at the north end of the property will require a sanitary sewer connection to the north to connect with a trunk sewer located along Willow Creek. The proposed pool on Outlot A will be permitted to temporarily make use of the sewer line running through Southwest Estates, but will be required to tie into the northern connection to the trunk sewer when it is constructed. Much of the acreage to the south of the First Addition will require the installation of a lift station to provide sanitary sewer service. The details of how and where the lift station will be provided will have to be discussed as that area is considered for development. The approval of this plat does not require approval of the lift station. Water main extension fees of $395 per acre will be required for this development. In addition, sanitary sewer tap-on fees in the amount of $737.18 per acre will be required for property to be served by gravity sewer. Future phases of the development that cannot be served by gravity sewer will be subject to tap-on/lift station elimination fees of an amount to be determined. Neighborhood Open Space: The neighborhood open space requirement for 10.40 acres in an RS-5 zone is .23 acres. Staff recommends that the open space requirement be calculated for this phase, noted in the legal papers, but reserved for use in another phase of the development, as determined by the Parks & Recreation Commission when future phases of the development are proposed. At that time it can be determined whether open space should be dedicated or fees paid in lieu of the dedication of land. Storm Water Management: The property included in the First Addition is located within the Old Man's Creek watershed, for which no storm water management is required. The portion of the property lying north of the First Addition will require storm water management when it is developed, as it is located within the Willow Creek watershed. Sidewalks: Sidewalks are to be constructed along all of the proposed streets as individual lots are developed, as typical with any residential subdivision. However, the applicant is responsible for the construction of sidewalks along the outlot frontages. The legal papers should provide for the construction of sidewalks on Outlots A and B at the time of street improvements. STAFF RECOMMENDATION: Staff recommends that SUB98-0027. a request for a final plat of Country Club Estates First Addition, a 10.40 acre, 20-lot residential subdivision located at the west terminus of Phoenix Drive, be approved, subject to the approval of legal papers and construction drawings prior to Council consideration of the final plat. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IO~A CITY RR 1 RS 5 IDRS --.~ HUNTERS RUN PARK P III RS 5 )UCK "~' 1" eVlNG PDH ~R~ Jou~f .lI SITE LOCATION: Country Club Estates l SUB98-0027 VAAOI '~LIO VAAOI 'PPV :~sJlcl se~e}s~l qnlO fu}unoO lV'ld 'IVNI_-I Z (soo-53'42-w) (2~o,oo') t i STAFF REPORT To: Planning and Zoning Commission Item: SUB99-0011. ABCO 1st Addition, et al Preliminary Plat GENERAL INFORMATION: Applicant: Contact person: 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: Prepared by: Scott Kugler Date: June 3, 1999 Maxwell Development c/o Jeff Maxwell PO Box 1802 Iowa City, Iowa 52240 Phone: 3545858 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval To create a five-lot commercial subdivision At the intersection of Naples Avenue and Sierra Court 8.81 acres Commercial, C1-1 North: East: South: West: Commercial, C1-1; Undeveloped, C1-1; Agricultural, County RS; Commercial, County CP-2. General Commercial Chapter 14-7, Land Subdivisions April 29, 1999 June 13, 1999 BACKGROUND INFORMATION: The applicant, Maxwell Construction, is requesting a preliminary plat of ABCO 1st Addition, a resubdivision of portions of W.B. Development and subsequent resubdivisions. The proposed subdivision is an 8.81 acre, five-lot commercial subdivision located at the intersection of Naples Avenue and Sierra Court. All of the property included in the application was originally platted as part of the W.B. Development subdivision. Several resubdivisions of property included within W.B. Development have occurred, affecting portions of the subject property. The applicant has purchased a number of these parcels and would now like to adjust property lines to be in line with how he intends to develop the area. Lot 4 has already been developed, and Lot 3 is currently being developed. ANALYSIS: Preliminary Plat: The proposed preliminary plat appears to be in general conformance with the City's subdivision regulations. Public Works has not yet completed its review of a revised plat submitted shortly before the finalization of this report. Staff recommends deferral until the plat is fully reviewed and any deficiencies corrected. It is anticipated that this review will be completed prior to the June 3 meeting. The proposed plat involves adjusting lot lines in several areas. This includes the south ends of Lots 1 and 2 (formerly Lot 3 of the Resubdivision of Lot 7, W.B. Development, and Lot 4 of the Resubdivision of Lots 3, 4, 5, and 6 of W.B. Development), bringing them south to the north edge of Sierra Court, a private drive that is to provide access to all of the parcels. In addition, the south and east lines of Lot 3 (formerly lot 1 of the Resubdivision of Outlot A, W.B. Development) are being established to make this lot consistent with a site plan that has been approved for this property. The building and site improvements are currently under construction on this lot. The remaining portions of former Lot 8 of W.B. Development would also be split into two large lots, one containing an existing building (Lot 4) and one not yet developed (Lot 5). Sensitive Areas: No new grading is being proposed in conjunction with this plat. Rather, it involves adjusting lot lines within the areas previously approved for development. Environmentally sensitive features present on the site are shown on the preliminary plat. The critical slope areas shown on Lot 5 were included within a recent Sensitive Areas Overlay rezoning, and were determined to be non-build areas. It should be noted on the plat that these areas will not be disturbed. Erosion control measures will be reviewed during the site plan review process for Lot 5, at which time construction fencing should also be required to demarcate these areas that should not be disturbed. Sanitary Sewer Capacity: Sanitary sewer capacity has been a major issue associated with previous development applications on this area. This plat would create no new building sites than previously considered, but will result in changes being necessary to the sanitary sewer allocations for each lot. This should be closely monitored at the time of final plat approval. Staff has been informed that the developer of the W.B. Development subdivision is considering doubling the size of the force main serving this property, which would help to alleviate many concerns regarding the provision of sanitary sewer service to this development. Staff will continue to monitor the sanitary sewer capacity in this area to ensure that the system is not overburdened as development occurs in this area. The approval of this plat should not alter the current situation in terms of sewer capacity, but revised sanitary sewer allocations for the altered lots should be submitted and reviewed by Public Works prior to the Commission's vote on this item. Staff anticipates that this issue will be resolved prior to the June 3 meeting. Summary: Although numerous changes to the original lot configurations that have occurred since this area was annexed and platted have made for a somewhat confusing trail of property records, and this plat will add somewhat to this situation, the plat will help to bring property boundaries in line with the actual development occurring on the property. This should provide for a more clear property record for this area for the future. Provided deficiencies are addressed in a satisfactory manner, staff recommends that the proposed preliminary plat be approved. STAFF RECOMMENDATION: Staff recommends that SUB99-0011 be deferred pending the resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a preliminary plat of ABCO 1st Addition, an 8.81 acre, 5-lot commercial subdivision located at the corner of Naples Avenue and Sierra Court, be approved. DEFICIENCIES AND DISCREPANCIES: Revised sanitary sewer allocation figures for the lots within the subdivision need to be submitted and reviewed by staff. The critical slopes contained on Lot 5 should be identified as areas that will not be disturbed by development on Lot 5. 3. Public Works' review and approval of the revised plat is needed prior to the Commission's vote on this item. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: Ka~ri~~, Dir~ecto~r''~''LE Department of Planning and Community Development CITY OF IO~A CITY CI 1 SITE LOCATION: ABCO 1 st Addition SUB99-0011 PRELIMINARY PLAT ABCO FIRST ADDITION a resubdiv~sion of Lot 8, W.B. Development a resubdivision of Lot 3, of the resubdivision of Lot 7, W.B. Development a resubdivision of Lot 4, of the resubdivision of Lots 3,4,5 and 6, W.B. Development a resubdivision of LoL 1, of the resubdivision of Outlot A, W.B. DevelopmenL I OWNER/SUBDIVl])ER OWNER'S ATTORNEY ~ DE~ME~ JOHN BE~Y P.O. ~X 1~ IOWA C~. IA __[ iOWA C~, IOWA 52240 Iowa City. Iowa WNS CONNULTA]~I~ INC. ,,,v so~ cu~ iOWA CITf. IOWA. 5~40 :i LOCATION MAP NOT TO SCALE of beglnnTng 4 5i Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 99-189 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ABCO FIRST ADDITION, A RESUBDIVISION OF LOT 8, W.B. DEVELOPMENT, A RESUBDIVISION OF LOT 3 OF THE RESUBDIVISION OF LOT 7, W.B. DEVELOPMENT, A RESUBDIVISION OF LOT 4 OF THE RESUBDIVISION OF LOTS 3, 4, 5 AND 6, W.B. DEVELOPMENT, AND A RESUBDIVISION OF LOT I OF THE RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Maxwell Development, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of ABCO First Addition, a resubdivision of Lot 8, W.B. Development, a resubdivision of Lot 3 of the resubdivision of Lot 7, W.B. Development, a resubdivision of Lot 4 of the resubdivision of Lots 3, 4, 5, and 6, W.B. Development, and a resubdivision of Lot 1 of the resubdivision of Outlot A, W.B. Development Iowa City, Iowa; 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 subject to the legal papers for this subdivision requiring the installation of construction fencing on Lot 5 around areas of critical slopes prior to site development; 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: The preliminary plat of ABCO First Addition, a resubdivision of Lot 8, W.B. Development, a resubdivision of Lot 3 of the resubdivision of Lot 7, W.B. Development, a resubdivision of Lot 4 of the resubdivision of Lots 3, 4, 5, and 6, W.B. Development, and a resubdivision of Lot 1 of the resubdivision of Outlot A, W.B. Development, Iowa City, Iowa, is hereby approved subject to the legal papers for this subdivision requiring the installation of construction fencing on Lot 5 around areas of critical slopes prior to site development. 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. Resolution No. 99-189 Page 2 Passed and approved this 15 th ATTEST: Ci~C4~ERK~ '~- ~ It was moved by Thornberr.y adopted, and upon roll call there were: AYES: day of June , 1999. '1~21AYO R ~ '" ' and seconded by ed by 0' Donnel I the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin/res/abcolsl.doc Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-190 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LORA M. ALBERHASKY FOR CONDOMINIUM UNIT 1A IN THE TO-BE CONSTRUCTED IOWA AVENUE MULTI-USE PARKING FACILITY AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'i'i'EST ANY DOCUMENT OF CONVEYANCE REQUIRED BY SAID AGREEMENT. WHEREAS, the Iowa Avenue Multi-Use Parking Facility Project to be built on the north half of Block 61 in Iowa City, Iowa requires the acquisition of Lora M. Alberhasky's property at 14 S. Linn Street, locally known as "The Cottage" and displaces Ms. Alberhasky from her business at that location; and WHEREAS, the City and Ms. Alberhasky have negotiated agreements whereby the City will purchase Ms. Alberhasky's property at 14 S. Linn Street and sell her Unit 1A in the to-be constructed Iowa Avenue Multi-Use Parking Facility; and WHEREAS, attached hereto as Exhibit A is the purchase agreement for Ms. Alberhasky's purchase of Unit 1A in the to-be Iowa Avenue Multi-Use Parking Facility, which agreement requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The purchase agreement attached hereto between the City of Iowa City and Lora M. Alberhasky for Unit 1A in the to-be constructed Iowa Avenue Multi-Use Parking Facility is hereby approved. The City Attorney is hereby directed and authorized to take all action necessary by the City to effectuate the conveyance of real estate required by said agreement. At the direction of the City Attorney, the Mayor is hereby authorized to sign and the City Clerk to attest any document of conveyance required by said agreement. Passed and approved this 15th day of June ,1999. eleanor/res/alberha2.doc Resolution No. 99-190 Page. 2 It was moved by Thor'nbe~'t'y and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X 0 ' Donnel 1 the Resolution be ABSENT: ,- Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Iowa City. Iowa, SELLER 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in County, Iowa, and legally-described as follows: JOHNSON Unit 1A of the horizontal property regime to be constructed on Lots 1 through 4, Block 61 of the Original Town of Iowa City, (the North Half of Block 61), said Unit 1A to be constructed in substantial conformity with the plans attached hereto as Exhibit "A" and to consist of 3,992 square feet, which includes 165 square feet of stairway area on the southeast corner of the unit and approximately 310 square feet on the second floor mezzanine level, more or less. The final recorded Declaration of Condominium which shall submit said real estate to a horizontal property regime as defined by Iowa Code Chapter 499B shall be in substantial conformity with the draft Declaration of Condominium attached hereto as Exhibit "B". Said unit shall be finished to "vanilla Box" finish which includes the following: sheet rocked, insulated and painted perimeter interior walls; a minimal suspended acoustic ceiling with minimal lighting; a mechanical system providing heating and cooling with minimal duct work necessary for connection by occupant; a sprinkler system; and, a sealed concrete floor. Said unit shall have capacity for future construction of a mezzanine having 1,627 square feet, as shown on the attached plans as "Second Level Alternate Floor Plans". with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others.) designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: commercial - bakery and dell/restaurant 2. PRICE. The purchase price shall be $246,000.00, payable at JOHNSON County, Iowa, as follows: purchase price to be paid in full upon possession and closing. REAL ESTATE TAXES. a. Seller shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Seller shall pay its prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2000) due and payable in the subsequent fiscal year (commencing July 1, 2000). Buyer shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the -2- current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. a. Soilor shall pay all spocial assessments which arc a lien on the Real Est3to as of tho dato of closing. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. IF a. IS STRICKEN, Seller shall maintain ~ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyer after Seller has performed under this paragraph and notified Buyer of such performance. Buyer, if she desires, may obtain additional insurance to cover such risk. 7. ENVIRONMENTAL MATTERS. Seller warrants, to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels of radon gas, asbestos or urea-formaldehyde foam insulation which require remediation under current environmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Seller also shall provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely performance of all obligations herein, closing shall be held no later than May 15, 2000, and -3- possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 12. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer or her assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of the deed. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 14. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. -4- 16. REMEDIES OF THE PARTIES. If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to her. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before it shall become void and all payments shall be repaid to the Buyer. 23. OTHER PROVISIONS. a. This agreement is subject to approval of the Iowa City City Council. Seller, in connection with its acquisition of the property known as 14 South Linn Street, Iowa City, Iowa, under threat of condemnation, offered in accordance with City Council Resolution 99-141 to provide a temporary location for Buyer to continue to conduct her business activities. Buyer instead has made her own arrangements for a temporary location and for the expenses she will incur in locating to the temporary location and in relocating back to the new facility being purchased hereunder. Rather -5- than Seller expending funds for Buyer's temporary relocation, Buyer prefers the purchase price for reacquiring the business premises be as reasonable as possible to permit Buyer to re-establish Buyer's business in essentially the same location. Buyer has therefore made this offer at market value reduced by an amount equivalent to the expenses Seller estimated it would have incurred, in accordance with Resolution 99- 141, to provide temporary facilities for Buyer's business operations. Seller's acceptance of the lower purchase price is in recognition that as a result of Buyer assuming her own temporary location and relocation expenses, Seller has saved an amount equivalent to such reduction in purchase price. Such reduction in purchase price (from $408,500 to 9246,000) is contingent upon Buyer relocating her business to the real estate being sold hereunder. At Buyer's option, Seller shall construct and sell to Buyer the 1,627 square feet mezzanine with the purchase price for said mezzanine to be Seller's cost of construction as determined by the bid submitted by the contractor to whom the City Council awards the project, Said option must be exercised by Buyer prior to the City Council's award of the project. Included in the purchase price shall be seven (7) City of Iowa City parking permits without fees for parking in the Iowa Avenue parking facility. Said permits shall be appurtenant to the real estate and defined as limited common elements in the condominium declaration and may not be transferred by Buyer independently of the real estate. Two (2) of said permits shall be spaces designated and located on the ground level in the south parking bay directly east of the transformer. The parties acknowledge that upon closing hereunder the parking facility portion of the condominium regime will not yet be completed and said permits will not be available. Between the date that Seller takes possession of Buyer's property at 14 S. Linn Street and the date on which the parking ramp opens, Seller shall provide Buyer with seven (7) permits for parking without fees in either the Chauncey Swan or Dubuque Street parking ramp. Buyer shall be entitled to access to the real estate for the purpose of making improvements to accommodate her business by January 15, 2000. Seller's contractor will not yet have completed Unit 1A and Buyer's occupancy for the purpose of making her improvements shall not be exclusive. Not withstanding paragraph 5 hereof the risk of loss of said improvements shall be on Buyer and any insurance for said risk shall be provided by Buyer. Each party hereto shall be responsible for any liability resulting from its negligence or the negligence of its contractors, employers or agents and shall indemnify and hold the other party harmless therefrom. The parties hereto acknowledge that the early occupancy date of January 15, 2000 and the possession date of May 15, 2000 are those included as the "tenant fit-out" and occupancy "for the conduct of normal public business" dates, respectively, in the contract specifications for the Iowa Avenue Multi-Use Parking Facility Project, and that said specifications authorize delay and excuse the contractor's meeting of those deadlines under certain circumstances. Said specifications are incorporated herein by reference and the parties agree that if delay is authorized thereunder, early occupancy and closing hereunder will be delayed accordingly. If Buyer is unable to secure mortgage financing for at least 90% of the appraised value of the real estate with Buyer's improvements, City will provide second mortgage financing on the following terms: the amount of financing necessary to close the gap between the conventional financing and 90% of the appraised value up to a maximum of 20% of the appraised value of the property at 6.75% interest amortized over 25 -6- ho years but due in full in 15 years. City shall subordinate its interest to that of the primary mortgage. Said financing by City shall be contingent on there being sufficient equity in the property to secure City's loan. In the event that Buyer chooses to forgoe a portion of the finish included in the definition of "vanilla box" finish herein, the purchase price' shall be reduced by the cost of those elements of vanilla box finish not constructed by Seller with said cost to be determined by the bid prices received by Seller in connection with the Iowa Avenue Multi-Use Parking Facility. For so long as Buyer or an entity owned or controlled by Buyer owns the real estate, Seller shall designate for her use the dumpster area immediately south of Unit 1A. Upon closing, the parties shall execute an easement agreement providing for permanent use of said dumpster area by the owner of Unit 1A with the area (one dumpster or two) subject to adjustment depending on the use of Unit 1A. Buyer may assign her interest hereunder to an entity owned and controlled by Buyer. A final declaration of condominium that differs in the following respects from that attached as Exhibit "B" shall be in substantial conformity therewith: (i) A change in the name of the facility; (ii) A metes and bounds legal description that corresponds to the footprint of the building. DATED: Lora M. Alberhasky Buyer This offer is accepted CITY OF IOWA CITY, IOWA, Seller ,19 By: Stephen J. Atkins, City Manager marym\land-acq\ia-ave .rmp\cott2off EXHIBIT "A" P.G.C. HHi~_L 5TOP DETAIL · (.~1~.,. .GECLjRI'I'h' ~ATE DETAIL Q IOWA CITY MULTI-USE P,Aft(ING FACI,ITY D~t'A ~ IOWA NeUITli:lJ'I~ Mortson PC PARAGON LOWER ~ A-101 r-'J~r__,,ONP LEVEL FLOOR PLAN SECOND LEVEL AlTERNATE FLOOR PLAN JOINT 5FGTION O EXHIBIT "A" Neumann /vlonson PC PARAGON ~..._-,-=_.-~- '_:: r-='-I · A -121 EXHIBIT "A" ('~ ~ 4J IOWA MI. L TI-~ PAF~Va FACILi'~' Neumann Monson PC PARAGON A-l,'.'.'.'.'.'.'.'.q~ DECLARATION OF CONDOMINIUM IOWA AVENUE MULTI-USE PARKING FACILITY EXHIBIT PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to a public housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Iowa Avenue Multi-Use Parking Facility, to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commercial units on the west end, as well as commercial spaces at the northeast corner of the building along Iowa Avenue, and along Gilbert Street. The commercial units on the street level along Linn Street shall be constructed so as to allow the later construction of a mezzanine. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE II UNITS The units of the condominium regime, being those areas susceptible of sep. arate ownership as described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. Definition of Space. Unit 1A is located at the southwest corner of the street level of the structure, consists of 3,827 square feet and allows for future construction of a mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1A from the remainder of the structure and from the outside. Unit 1A excludes the stairway located at the southeast corner, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the right of access to said unit over and across the portion of Unit 3 labeled on the plans as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and therefore devolving to succeeding owners of Unit 1A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. An undivided one-half interest in the stairway at the southeast corner of Unit 1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway· The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 2 Unit 1 B. 1. 4 Seven City of Iowa City parking permits for parking without fee in the parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1A. Definition of Space. Unit 1 B is located at the northwest corner of the street level of the structure, consists of 3,958 square feet and allows for future construction of a mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1B from the remainder of the structure and from the outside. Unit 1 B excludes the stairway located at the northeast corner, as such stairway exists between the bottom elevation of Unit 1 B and the top elevation of Unit 2A, which stairway is a limited common element to Units 1B and 2A as defined herein. Easements Appurtenant to Unit 1B. The owner of Unit 1 B shall have the right of access over and across that portion of Unit 3 labeled on the plans attached as Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. Limited Common Elements Appurtenant to Unit 1 oB. Appurtenant to Unit 1 B, and therefore devolving to succeeding owners of Unit 1 B without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. An undivided one-half interest in the stairway at the northeast corner of Unit 1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1 B and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1B and 2A, as they may determine. C. Unit 1C. Definition of Space. Unit 1C is located on the lower level of the north side of the building along Iowa Avenue having gross area of 4,044 square feet being defined on the bottom by finish floor elevation of 670.00, on the top b.y ceiling elevation varying between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls defining the unit as shown on the attached plans. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on the plans to be the hallway leading from the southeast corner of the unit connecting to the entrance court from Gilbert Street, and over the entrance court itself. 3. Easements to which Unit Ownership is Subject. None. Unit 1D. Definition of Space. Unit 1 D is located at street level of Gilbert Street at the northeast corner of the building. Unit 1 D has gross area of 3, 145 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall be entitled to an easement for ingress and egress to said unit over and across that portion of Unit 3 which is the hallway affording access to the southwesterly portion of Unit 1 D and over and across that portion of the entrance court off of Gilbert Street leading to the southeasterly entrance of Unit 1 D and to the entrance to the hallway described above. 3. Easement to which the Unit Ownership is Subject. None. Unit 1E. Definition of Space. Unit 1 E is located on the east side of the street level of the building along Gilbert Street, immediately adjacent to the south of the entrance court providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance court off of Gilbert Street· 3. Easements to Which Unit Ownership is Subject. None. Unit 1F. Definition of Space. Unit 1 F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface of the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1 E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly corner of the unit. The unit includes the parking gate equipment located therein. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1 F is an exclusive easement, existing for so long as Unit 1 F is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in Book 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1F over and across the stairway and elevator (with associated lobbies) described in Paragraph 1, immediately above. After release of the mortgage and regulatory agreement, this easement shall terminate. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit 1 F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1 F. Right of First Refusal. Unit 1F is intended to be appurtenant to the public housing project administered by The Ecumenical Housing Corporation located to the south across the alley abutting the building subject to the regime. In the event that The Ecumenical Housing Corporation wishes to sell their interest in Unit 1F separate from the real estate upon which the public housing project is located, the Declarant reserves a right of first refusal exercisable within 90 days a~ter receipt of written notice of a bona fide offer for purchase of Unit 1F separate from the public housing project by matching the terms for performance specified in the offer. The right of first refusal shall not apply to any sale or transfer of Unit 1 F as part of a combined sale of Unit 1 F with the public housing facility across the alley, Maintenance Responsibility for Stairway and Elevator. The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit 1 F. The owner of Unit 1 F shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1 F has an access easement. The City shall indemnify and hold the owner of Unit 1F harmless from damages resulting from the City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1 F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. G. Unit 2A. Definition of Space. Unit 2A is the commercial area located on the second full level at the west end of the building. Unit 2A has gross area of 7,674 square feet and is bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to 713.33 feet, and the inside surfaces of the exterior walls defining the area, not including the space labeled "Open to Below", (immediately below the clocktower) and excluding the elevator, stairway, and lobby area along the easterly side of the unit, and further excluding the stairways at the northeast and southeast corners of Unit 2A. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of ingress and egress over and across the entryway and stairway and elevators leading from the second level down into the exit court on the first level, and up to the parking levels. 3. Easements to which Unit Ownership is Subject. None. Unit 3. 1. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A, and therefore devolving to succeeding owner of Unit 2A without special reference to such rights appearing in the conveyance documents, are the following ownership rights, which are limited common elements of the condominium regime. An undivided one-half interest in each of the two stairways located at the northeast and southeast corners of Unit 2A, bounded on the bottom by the respective bottom elevations of Units 1A and 1 B, on the top by the top elevation of Unit 2A and on the sides by the inside surfaces of the concrete walls defining the respective stairwells. Maintenance responsibilities shall be apportioned, in the case of the northeast stairway between the owners of Units 1B and 2A, and in the case of the southeast stairway, between 1A and 2A, as these respective sets of owners may, from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for either stairway. The doors from each stairway to the exterior shall be part of Unit 3, but shall be maintained, as to the north door by the owners of Units 1 B and 2A, and as to the south door by the owners of Units 1A and 2A as they may respectively determine. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts of the structure not specifically defined as lying within any of the other unit~ Llnit 3 shall consist of all structural elements of the structure or limited commor~- olcmonts, including all walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. Easements Appurtenant to Unit 3. The City reserves right of access over and across Unit 1 F for access to the easterly-most space labeled "Landscaping", as shown by the plans to be north of Unit 1 F. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the commercial units 1 A, 1 B and 2A over and across the exit court adjacent to Linn Street and the elevator stairway core immediately adjacent to the exit court providing access to the commercial spaces and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. Provisions Applicable to all Units (Except Unit 3) Defining Surfaces of Units (Except Unit 3). The unit definitions above describe the boundaries of the various units (except Unit 3) to be the "inside surfaces" of the walls forming the units. Each of these walls is a poured co,ncrete wall, such that the unit boundary is to be the surface of the wall closest to the unit being defined. Similarly, the floors and ceilings are formed by poured concrete surfaces, such that the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close to the unit being defined. The implication of these definitions is that Unit 3 contains all concrete walls, floors and ceilings, but the individual units include all studs, drywall, subflooring, drop ceilings or other structural elements affixed to the concrete surfaces. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, due to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1 F and 2A may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: No division shall affect the exterior integrity of the structure without the express permission of the owner of Unit 3, as expressed by the City Manager or his designee. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. 8 Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of Condominium for Subdivision Purposes", which document shall contain the following provisions: A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1- A-1 and Unit 1-A-2. An allocation of easements to which the original unit is subject and which are appurtenant to the original unit among the respective subunits. An allocation among the proposed subunits of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit. Special Restrictions on the Subdivision of Unit 1F. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1 F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. Cross-Easements. Each unit is entitled to an easement over all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration. References to the City. Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. 9 ARTICLE III COMMON ELEMENTS General Common Elements. The general common elements of the .condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". The heating unit and cooling unit located within the Mechanical Room and associated ductwork from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. Basis of Allocation of Expenses Regarding Common Elements. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: Units % of Expense 1a 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions. Limited Common Elements. For description of limited common elements within this regime, see Articles IIA3, lIB3 and IIG4. 10 ARTICLE IV ADMINISTRATION OF COMMON ELEMENTS Council of Co-Owners. The body administering the common elements shall be known as the Council of Co-Owners, composed of all owners of units in this regime with one membership in respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the.~uncil of Co-Owners, the owner of the fee title of a unit shall be the memberjr~ respect ~.that unit, except in the event of a unit having been sold by recorded ~n I · sta Iment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership rights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co-owners may determine among themselves. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: For all issues concerning the common elements, except amendment of the declaration or termination of the regime: Units % of Total Vote 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% 11 2. For amendment of the declaration or termination of the regime: Unit % of Total Vote 1A 2.4% 1B 2.5% 1C 1.8% 1D 1.4% 1E 0.5% 1F 6.8% 2 3.4% 3 81.2% This allocation represents the percentage ownership interest of the respective units in the common elements. Recordkeeping. The City shall keep the records of all the meetings of the Council of Co- Owners. Information Regarding Common Expenses. All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as provided in Article III above and shall present statements for the same to the respective owners. Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declarant their res'pective shares of common expenses. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B.17 of the Code of Iowa (1999). Amendment to this Article. It is stated that amendment to this article, serving as by-laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 12 ARTICLE V MAINTENANCE RESPONSIBILITIES By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairways that are limited common elements appurtenant to Units 1 A, 1 B and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1F in a manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shall be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpster may be placed in the public alley. Any individual owner who fails to maintain the dumpsters and dumpster areas in a safe, sanitary and serviceable manner shall pay the expenses incurred by the City in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities within Unit 1 F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIF5. By Owners of Units 1A, 1B, 2A, 1C, 1D and 1E. Each unit owner of Units 1 A, 1 B, 2A, 1C and 1D shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City, provided that interior decorating may be performed without permission. No work on the exterior of the structure shall be permitted without the written permission of the City. 13 The owners of the units 1 A, 1 B, 2A, 1 C, 1D and 1E may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with the appearance of the structure as expressed by the City Manager, or his designee. Afte~ perm. itted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. The owners of Units 1 A, 1 B, 1 C, 1 D, and 1E shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1 E shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph V, C. 5. The owners of Units 1 A, 1 B, 2A, 1 C, 1D and 1E may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units. Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. Responsibility for Damage to Other Units. If because of the direCt cots i a unit owner or its agent, tenant, invitee or licensee, damage is caused to the ~ limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 14 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY Casualty Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for Casualty insurance for any damage occurring within their respective units. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non-/, declarant owners as described in Article IVC2 and the consent of ~%-elftheir mortgagees. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale, In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policies, or otherwise, as the owner may determine. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single unit remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit. 15 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS De Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms. No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A may be made available under the parking policies from time to time adopted by the City. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. The lease must provide that the leasee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease. The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. No lease shall allow relocation of the entrance to Unit 1F from Gilbert Street or shall allow the use of Unit 1 F for short-term parking. 16 ARTICLE VIII TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime, under Chapter 499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2. ARTICLE IX AMENDMENTS TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson C'ounty Recorder. 17 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS 18 Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-191 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2774 IRVING AVENUE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority has purchased a townhouse located at 2774 Irving Avenue, Iowa City, Iowa; and WHEREAS, families with income at or below 80% of the median income may qualify to purchase said townhouse; and WHEREAS, a qualified family has offered to purchase this home for the principal sum of $111,900, which is the appraised value of the property, with the City providing a second mortgage to the family in the sum of $29,900.00; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on May 18, 1999 the City Council adopted Resolution No. 99-169 declaring its intent to convey its interest in 2774 Irving Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2774 Irving Avenue, legally described as Lot 61 of the resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, according to the plat of said subdivision recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa to a family who meets the eligibility requirements to purchase said townhouse under the Iowa City Housing Authority's Affordable Dream Home Program. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family for a second mortgage from the City in the amount of $29,900.00. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 99-191 Page 2 of 2 Passed and approved this 15th day of ATTEST:C~if~"RK~ ~ June ,1999. City Att6rney's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X X and seconded by NAYS: Norton the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Director, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a,m, on the 8th day of July, 1999, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 13th day of July, 1999 or at such later time and place as may be fixed. Passed and approved this day of ,1999. A'I'rEST: CITY CLERK MAYOR pa~res/concess.doc Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 99-192 RESOLUTION AUTH{bRIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY PROVIDING FOR THE PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an arterial street plan for the Iowa City Urbanized Area; and WHEREAS, a 28E agreement was executed by Coralville, Iowa City, and Johnson County on July 31, 1997 for the purpose of preserving the Oakdale Boulevard corridor between First Avenue, Coralville and County Road W-66; and WHEREAS, a First Amendment to said 28E agreement is proposed in order to further preserve the Oakdale Boulevard corridor between County Road W-66 and Prairie du Chien Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the 28E agreement between the City of Coralville, the City of Iowa City, and Johnson County providing for the preservation of the Oakdale Boulevard Corridor between County Road W-66 and Prairie du Chien Road. 2. In conformance with Chapter 28E, Code of Iowa (1999) City Clerk is authorized to file the fully executed First Amendment to the original 28E agreement with the County Recorder and the Secretary of State. Passed and approved this :].51;h day of June ,1999. MAYOR I , _ ppdadm/res~oakda~x>rr.doc Resolution No, 99-192 Page .. 2 It was moved by Thot'n berf'y and seconded by adopted, and upon roll call there were: AYES: NAYS: X X Vanderhoef the Resolution be ABSENT: :. Champion Kub_by Lehman Norton O'Donnell ' Thornberry Vanderhoef RESOLUTION NO. 09-14-99-01 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE COUNTY AUDITOR TO ATFEST THE FIRST AMENDMENT TO THE 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY PROVIDING FOR THE PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an arterial street plan for the Iowa City Urbanized Area; and WHEREAS, a 28E agreement was executed by Coralville, Iowa City, and Johnson County on July 31, 1997 for the purpose of preserving the Oakdale Boulevard corridor between First Avenue, Coralville and County Road W-66; and WHEREAS, a First Amendment to said 28E agreement is proposed in order to further preserve the Oakdale Boulevard corridor between County Road W-66 and Prairie du Chien Road. NOW, THEREFORE, BE IT RESOLVED BY THE JOHNSON COUNTY BOARD OF SUPERVISORS THAT: The Chairperson is authorized to sign and the County Auditor to attest the First Amendment to the 28E agreement between the City of Coralville, the City of Iowa City, and Johnson County providing for the preservation of the Oakdale Boulevard Corridor between County Road W-66 and Prairie du Chien Road. In conformance with Chapter 28E, Code of Iowa (1999) the County Board of Supervisors shall file the fully executed First Amendment to the odginal 28E agreement with the County Recorder. It was moved by Stutsman and upon roll call there were: and seconded by Thompson the Resolution be adopted, AYES: NAYS: ABSENT: X X X X Passed and approved this COUNTY AUDITOR Duffy Jordahl Lehman Stutsman Thompson day of~2~-~ ,/Q_z. L) , 1999. ./ I:~odadrrdres/oakdalcou.doc RESOLUTION NO. 99-153 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'rrEST THE FIRST AMENDMENT TO THE 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY PROVIDING FOR THE PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an arterial street plan for the Iowa City Urbanized Area; and WHEREAS, a 28E agreement was executed by Coralville, Iowa City, and Johnson County on July 31, 1997 for the purpose of preserving the Oakdale Boulevard corridor between Rrst Avenue, Coralville and County Road W-66; and WHEREAS, a Erst Amendment to said 28E agreement is proposed in order to further preserve the Oakdale Boulevard corridor between County Road W-66 and Prairie du Chien Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORALVILLE, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the 28E agreement between the City of Coralville, the City of Iowa City, and Johnson County providing for the preservation of the Oakdale Boulevard Corridor between County Road W-66 and Prairie du Chien Road. In conformance with Chapter 28E, Code of Iowa (1999), the City Clerk of Iowa City shall file file the fully executed First Amendment to the original 28E agreement with the County Recorder and the Secretary of State. It was moved by ~'~7'~r,r~/2~-? and seconded by ,~4?,A'/,h~;~/ adopted, and upon roll call there'were: the Resolution be AYES: NAYS: ABSENT: V/ Herwig ~ Jacoby / Lundell C,/' Schnake ~//' Weihe Passed and approved this -J , day of ~, Z,-,,~// 1999. A'FrEST: ~LO_~¢ CITY CLERi~ Prepared by: Jeff Davidson, JCCOG Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 FIRST AMENDMENT TO THE 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY PROVIDING FOR THE PRESERVATION OF THE OAKDALE BOUI;EVARD CORRIDOR This First Amendment is made and entered into pursuant to Chapter 28E, Code of Iowa (1999) by the City of Coralville, Iowa, hereinafter referred to as "Coralville", the City of Iowa City, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereina~er referred to as "the County". WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments ("JCCOG") for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has an adopted Arterial Street Plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan has recently been amended to show that Oakdale Boulevard will eventually be extended between County Road W66 and Prairie Du Chien Road, but the artedal street plan does not set out a preferred corridor alignment; and WHEREAS, a 28E Agreement was adopted on July 31, 1997 between Coralville, Iowa City, and the County setting the preferred corridor alignment of Oakdale Boulevard between First Avenue Coralville and County Road W66, but the agreement does not address the Oakdale Boulevard corridor between County Road W66 and Prairie Du Chien Road; and WHEREAS, it is in the best interest of the citizens of Coralville, Iowa City, and the County to amend the original agreement in order to preserve the preferred corridor now identified for Oakdale Boulevard between County Road W66 and Prairie Du Chien Road; and WHEREAS, this First Amendment is intended to cladfy the more general language found in the JCCOG Arterial Street Plan regarding the alignment of Oakdale Boulevard between County Road W66 and Prairie Du Chien Road. NOW, THEREFORE, in consideration of mutual covenants and agreements set forth herein, Coralville, Iowa City, and the County agree as follows: Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR 'PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W-66 This Agreement is made and entered into pursuant to Chapter 28E, Code of Iowa (1997) by the City of Coralville, Iowa, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "the County". WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments ("JCCOG") for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an Arterial Street Plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Oakdale Boulevard will eventually be extended between First Avenue Coralville and County Road W-66, but the Arterial Street Plan does not set out a preferred corridor alignment; and WHEREAS, it is in the best interest of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred corridor now identified for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66; and WHEREAS, this agreement is intended to clarify the more general language now found in the JCCOG Arterial Street Plan regarding the alignment of Oakdale Boulevard between First Avenue Coralville and County Road Wo66. NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, CORALVILLE, IOWA CITY, AND THE COUNTY AGREE AS FOLLOWS: The attached Figure 1 illustrates the general preferred corridor which has been selected for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66. Actions taken by Coralville, Iowa City, or the County shall preserve a 1 O0 foot wide right-of-way as a general preferred corridor as shown in Figure 1. However, any specific action to secure actual right-of-way shall be undertaken by each separate governmental entity, namely Coralville, Iowa City, and Johnson County, and such actions in securing said right-of-way, by dedication or otherwise, shall be carried out by Coralville, Iowa City, and Johnson County, in a manner required by law. These actions by Coralville, Iowa City, and Johnson County shall include but not be limited to: the subdivision of property, annexations, conditional use permits, lot splits, farmstead splits, building permits, and the rezoning of property. 2 This agreement shall exist solely to preserve the general, preferred corridor for the eventual extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. It shall not obligate Coralville, Iowa City, or Johnson County to build any portions of the general, preferred corridor for the Oakdale Boulevard extension, nor shall this agreement in any way encumber the title or affect the rights of any property within the general, preferred corridor as depicted in Figure 1 attached hereto and incorporated by reference herein. This agreement shall remain effective unless and until the agreement is cancelled or modified by joint written agreement of the Coralville City Council, Iowa City City Council, and the Johnson County Board of Supervisors. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1997). Executed with approval and on behalf of the City of Coralv~e, the oC;ty~)l~owa City, and the Johnson County Board of Supervisors on this 3 / day ~, 1997. / CITY OF CORALVILLE, IOWA CITY OF IOWA CITY, IOWA ATTEST: ..~ ~ Arlys Hannam, City Clerk JOHNSON COUNTY, IOWA Sally Stuts{~fan, Chairperson Board of Supervisors ATTEST: County Auditor ATTEST: ,22~_-_~-4~/~. ~ J Manan K. Karr, City Clerk APPROVED BY: ~ City Attorney for Iowa City ~ -/?,°~)'~ 3 CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _~/Z_.t day of ,~N , 19 f27 , before me, ""7'/~/J/.2F~eea .,Z../:)"T-zZ~'~-i(] otary Public in and for the State of Iowa, personally ap red James Fausett and Arlys Hannam to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, 'passed by the City Council, and that James Fausett and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NOtary Pu~nd for the State of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) sS: JOHNSON COUNTY ) On this ( -/d~- day of "3'~q<. , 19 9"/ , before me, ~Z:Xr-F , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan 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 (Ordinoncc) (Resolution) No. 9 ? - Zll passed by the City Council, on the /~ ~ day of r3'~t , 19 f ? , and that Naomi J. Novick and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and' deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) .-- )ss: JOHNSON COUNTY) appe~ed S~y Smtsm~ ~d Tom Slocke~ to ~ personny ~om ~d, who, behg by me duly swo~ did say that they ~e the Bo~d of Supe~sors Cheerson ~d the Coun~ Auditor, respe~ively of Jo~son Count, Io~ that the se~ ~ed to the Bregohg instrument is the co~orate se~ of the co~o~o~ ~d that the hstmment wE si~ed ~d se~ed on behalf of the co~oratio~ by the ~o~ty of its Bo~d of Supe~rs, E con ined h a motion passed by the Bo~d of Supersors, on the ,~/'~ day of ~L~5 , 1997, and that S~ly Sm~ ~d Tom Slockett ac~owledged the ~ecut~of the ~stmment to be thek volun~ a~ and deed and the volunt~ act ~d deed of the co~oratio~ by it voluntdy exitS. RUST ENV1RONMEHT AND IHFRA~TRUCTURE, L e,e ~ .,,. 501 SYCAMORE STREET, WATERLOO, IOWA 1-319-232.-6531 .. I :'; '. Figure 1 Proposed Location for Oakdale Boulevard Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City. IA 52240; 319-356-5252 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W-66 This Agreement is made and entered into pursuant to Chapter 28E, Code of Iowa (1997) by the City of Coralville, Iowa, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "the County". WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments ("JCCOG") for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an Arterial Street Plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Oakdale Boulevard will eventually be extended between First Avenue Coralville and County Road W-66, but the Arterial Street Plan does not set out a preferred corridor alignment; and WHEREAS, it is in the best interest of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred corridor now identified for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66; and WHEREAS, this agreement is intended to clarify the more general language now found in the JCCOG Arterial Street Plan regarding the alignment of Oakdale Boulevard between First Avenue Coralville and County Road W-66. NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, CORALVILLE, IOWA CITY, AND THE COUNTY AGREE AS FOLLOWS: The attached Figure 1 illustrates the general preferred corridor which has been selected for Oakdale Boulevard which will eventually be extended between First Avenue Coralville and County Road W-66. Actions taken by Coralville, Iowa City, or the County shall preserve a 100 foot wide right-of-way as a general preferred corridor as shown in Figure 1. However, any specific action to secure actual right-of-way shall be undertaken by each separate governmental entity, namely Coralville, Iowa City, and Johnson County, and such actions in securing said right-of-way, by dedication or otherwise, shall be carried out by Coralville, Iowa City, and Johnson County, in a manner required by law. These actions by Coralville, Iowa City, and Johnson County shall include but not be limited to: the subdivision of property, annexations, conditional use permits, lot splits, farmstead splits, building permits, and the rezoning of property. 2 This agreement shall exist solely to preserve the general, preferred corridor for the eventual extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. It shall not obligate Coralville, Iowa City, or Johnson County to build any portions of the general, preferred corridor for the Oakdale Boulevard extension, nor shall this agreement in any way encumber the title or affect the rights of any property within the general, preferred corridor as depicted in Figure I attached hereto and incorporated by reference herein. This agreement shall remain effective unless and until the agreement is cancelled or modified by joint written agreement of the Coralville City Council, Iowa City City Council, and the Johnson County Board of Supervisors. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1997). Executed with approval and on behalf of the City of Coralv~e, the 2;ty~;l~owa City, and the Johnson County Board of Supervisors on this 3 / day ~, 1997. / CITY OF CORALVILLE, IOWA James Fausett, Mayor By: CITY OF IOWA CITY, IOWA ATTEST: ._~ ~ Arlys Hannare, City Clerk JOHNSON COUNTY, IOWA Sally Stuts4~fan, Chairperson Board of Supervisors ATTEST: County Auditor ATTEST: .2~_--_~_~,) ~. ~ ,Y Marlan K. Karr, City Clerk APPROVED BY: ~M/ City Attorney for Iowa City 3 CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ..-7/Z/~' day of ,~N , 19 I~;;77 , before me, "'7'/~/.,//JFFeea ,:J.../:)T'I,(S~--r9 otary Public in and f.or the State of Iowa, personally ap red James Fausett and Arlys Hannam to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, 'passed by the City Council, and that James Fausett and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pu~d for the State of Iowa --~-/9'° 9' 9~ CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ( :/~ day of ~'kn~ , 19 ~/'7 , before me, ~:::~rF , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan 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 (Ordinoncc) (Resolution) No. ~ ? - Z-/I passed by the City Council, on the /Q ~ day of ~u~t , 19 9 ? , and that Naomi J. Novick and Marjan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and' deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMEN'[' STATE OF IOWA ) .. )as: IOHNSON COUNTY) ub~c h ~d for ~e State of Iow~ pe~o~y appe~ed S~y Smtsm~ ~d Tom Slocke~ to m person~y ~o~ ~d, who, behg by me duly swoR did say that they ~e the Bo~d ofSupe~sors Ch~orson ~d the Coun~ Auditor, respe~ively of Io~son Count, Io~ that the se~ ~ed to the forogohg instrument is the co~orate se~ of the co~o~o~ ~d that the hstmment w~ si~ed ~d se~ed on behalf of the co~oratio~ by ~e ~ofiW of its Bo~d of Supe~rs, ~ coB[ ined h a motion passed by the Bo~d of Supersors, on the ~/'~ day of ~ , 1997, and that S~ly Smm ~d Tom Slockett ac~owledged the ~t~of the ~stmment to be the~ vohn~ a~ and deed ~d the volunt~ act ~d deed of the co~oratio~ by it vohnt~y exitS. RUST ENVIRONMENT AND INF~UCTURE, S01 SYCAMORE STREET, WATERLOO, IOWA 1--319-232--6531 :2.:':,:. ',.> .:., ;.',.:':::'?.. .:-.'. Figure 1 Proposed Location for Oakdale Boulevard CHESTER J. CULVER IOwA SECRETARY OF STATE HOOVER BUILDING, 2ND FLOOR DEs MOINES, IOWA 50319 SEPTEMBER 28, 1999 MARIAN K. KARR, CMC/AAE CITY OF IOWA CITY, CITY CLERK 410 E WASHINGTON ST IOWA CITY, IOWA 52240-1826 RE: Filing of 28E Agreement between the CITIES OF IOWA CITY & CORALVILLE and the JOHNSON COUNTY Dear MS. KARR, CMC/AAE: 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 SEPTEMBER 28, 1999. Sincerely, CJC/PM Enclosures Chester J. Culver Secretary of State TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Date: June 8, 1999 ITI e ITI O JCCOG To: From: Re: Iowa City City Council Jeff Davidson, Transportation Planner eee~// First Amendment to the 28E Agreement between the City of Coralville, the City of Iowa City, and Johnson County providing for the preservation of the Oakdale Boulevard Corridor On the agenda of your June 15, 1999 City Council meeting is a proposed First Amendment to the 28E Agreement between the City of Coralville, the City of Iowa City and Johnson County, providing for preservation of the Oakdale Boulevard corridor between First Avenue, Coralville and County Road W66 (Dubuque Street). The proposed First Amendment will further preserve the Oakdale Boulevard Corridor between County Road W66 and Prairie du Chien Road. The extension of Oakdale Boulevard between County Road W66 and Prairie du Chien Road was approved unanimously for inclusion in the JCCOG Arterial Street Plan at the May 26, 1999 meeting of the JCCOG Urbanized Area Policy Board. The area which would be served by the proposed extension of Oakdale Boulevard east of County Road W66 is not in the long-range growth area of either Coralville or Iowa City. This means there is not a commitment by either Coralville or Iowa City to extend other municipal services such as sewer and water to this area in the immediate future. In the short term the most important aspect of the proposed corridor preservation agreement is to allow Johnson County to preserve the preferred corridor when they are considering such things as conditional use permits, lot splits, farmstead splits, building permits, and rezonings. The County Attorney has stated that preservation of the corridor has a much stronger legal basis if the corridor is part of an adopted plan and corridor preservation agreement. The corridor preservation agreement has no impact on the continuation of the existing agricultural uses in the area. For your consideration of this matter I have attached the staff report which was used by the JCCOG Urbanized Area Policy Board in their consideration of the arterial street plan amendment. Please bring any questions you have regarding this matter to your July 14 work session. If approved by Iowa City, the proposed agreement will then be considered by Coralville and Johnson County. CC: Steve Arkins Karin Franklin Chuck Schmadeke Rick Fosse Area property owners jccogtpVnemos\l stamend.doc Johnson County Council of Governments 410 E, Woshlngton gt. bvvo City bv~ 52240 Date: To: From: Re: June 9, 1999 Property owners in the vicinity of the proposed extension of Oakdale Boulevard between County Road W66 (Dubuque Street) and Prairie Du Chien Road Jeff Davidson, Transportation Planner ~// Execution of corridor preservation agreement by the City of Iowa City At their May 26, 1999 meeting, the JCCOG Urbanized Area Policy Board unanimously approved adding the extension of Oakdale Boulevard between County Road W66 and Prairie Du Chien Road to the JCCOG Arterial Street Plan. The next step in assuring the preservation of the Oakdale Boulevard corridor is amending the existing Oakdale Boulevard corridor preservation agreement between Coralville, Iowa City, and Johnson County. The existing agreement preserves the Oakdale Boulevard corridor between First Avenue Coralville and County Road W66. The proposed First Amendment will extend preservation of the corridor to between County Road W66 and Prairie Du Chien Road. Enclosed are materials that will be discussed by the Iowa City City Council at their work session on June 14 and their formal meeting on June 15. This information is being provided to you as an interested property owner. The work session on June 14 is not an opportunity for public comment; however, you are welcome to attend the meeting and hear the City Councirs discussion. You are also welcome, of course, to contact members of the City Council regarding this matter prior to the meetings. As I have indicated to many of you who have contacted me, this issue is strictly a planning exercise at this stage. There are currently no plans by either Coralville, Iowa City, or Johnson County to construct Oakdale Boulevard between County Road W66 and Prairie Du Chien Road. The proposed corridor preservation agreement would in no way encumber any of the existing land uses occurring along the proposed corridor. The corridor preservation agreement will only be used if a redevelopment action is proposed which would negatively impact the proposed corridor. I would also point out that the precise corridor alignment is not yet engineered. What is shown is the general corridor alignment that was evaluated in the alternatives analysis. Oakdale Boulevard will intersect with the new alignment of Prairie du Chien Road. The staff report referred to in the enclosed City Council memo is the information most of you received in the April 8, 1999 mailing from me. Some of you have received it subsequently; for the remainder who have not received it a copy is enclosed. Feel free to contact me if you have any questions regarding this matter. My phone number is 356-5252; fax number 356-5009. jccogtp~mem~oakdale.doc --_JCCOG Ill e Ill 0 Date: March 16, 1999 To: JCCOG Urbanized Area Policy Board From: Jeff Davidson, Transportation Planner '~~ Re: Agenda Iten~ #4(e): Discuss a proposed amendment to the JCCOG Arterial Street Plan: eXtension of Oakdale Boulevard between County Road W-66 and Praide Du Chien Road The City of Coralville and the City of Iowa City have been negotiating a land use agreement for the past several months. The proposed agreement governs the authority of Coralville and Iowa City to review subdivisions proposed in the unincorporated area within the overlapping two mile extraterritorial review area between Coralville and Iowa City. The remaining issue to be resolved before the agreement is adopted deals with the potential extension of Oakdale Boulevard between County Road W-66 (Dubuque Street) and Prairie du Chien Road. The area between County Road W-66, River Heights, Prairie du Chien Road, and Rapid Creek is shown on the attached Figure 1 as the shaded Area A. This area is not within the long-range growth area of either Coralville or Iowa City, but it is within the overlapping two mile eXtraterritorial review area between the two cities. Another way of stating this is that neither city has made a commitment to annex or extend municipal services to this area for 20 to 30 years. However, it is within the two mile area surrounding Coralville and Iowa City that it is assumed will eventually be part of one city or the other. The proposed land use agreement between Coralville and Iowa City stipulates that Iowa City will have exclusive review privileges for county subdivisions proposed within Area A. Between County Road W-66 and the Iowa River, Iowa City will require any county subdivision to be constructed with sidewalks, curb and gutter, and storm sewers. Sanitary sewer and water lines are not required, with the intention that they would be assessed at a later date if annexed by a municipality. The Coralville City Council has asked that the proposed land use agreement also include a stipulation that the corddor for Oakdale Boulevard be preserved between County Road W-66 and Prairie du Chien Road. The Iowa City City Council has questioned this request, since the JCCOG Arterial Street Plan does not currently forecast the extension of Oakdale Boulevard between Cour~ty Road W-66 and Prairie du Chien Road. Attached is the current JCCOG Arterial Street Plan map which shows the extent of planning for Oakdale Boulevard, Many of you will recall the 1996-1997 planning study which was completed with the assistance of Rust consulting engineers, when the JCCOG Arterial Street Plan was amended to include the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. A specific alignment was adopted for the Oakdale Boulevard extension, which took into consideration engineering factors and environmental impacts. An agreement was adopted between Coralville, Iowa City, and Johnson County governing future accommodation of Oakdale Boulevard in this area. Agenda Item ff-4(e) March 17, 1999 Page 2 The 1996-1997 study also included an assessment of factors for the eventual extension of Oakdale Boulevard between County Road W-66 and Praide du Chien Road. Attached are three pages excepted from the final report which pertain to this issue: · A narrative summary of the screening factors for the study of altemative alignments for extending Oakdale Boulevard between County Road W-66 and Prairie du Chien Road. table with the screening factors for the four alternative alignments which were studied. A color figure showing the four alternative alignments and highlighting the preferred alignment, Alternative C. Based on the evidence presented, it is apparent that Alternative C is the favorable alignment for the extension of Oakdale Boulevard between County Road W-66 and Praide du Chien Road. It traverses the most favorable topography; has the least impact on the Iowa River floodway, the floodplain, and wetlands; it requires a lower bridge across the Iowa River; and does not displace any residential dwellings. It also ties in most easily with the preferred alignment for Oakdale Boulevard west of County Road W-66. The JCCOG Transportation Technical Advisory Committee considered this issue at their March 16 meeting. They voted unanimously to recommend to you that the JCCOG Arterial Street Plan be amended to add the extension of Oakdale Boulevard between County Road W-66 and Praide Du Chien Road. They further recommended that the existing agreement between the City of Coralville, the City of Iowa City, and Johnson County be amended to include specific language on preserving the Oakdale Boulevard corridor between County Road W-66 and Praide Du Chien Road. If the joint agreement is amended, this will allow the County to preserve the Oakdale Boulevard corridor when considering county development projects in this area. This issue is scheduled for discussion only at your March 24 meeting. Please be prepared' to discuss the vadous issues and give staff direction on whether or not you wish to have the JCCOG Artedal Street Plan and the agreement between Coralville, Iowa City, and the County amended. If desired, staff will schedule official action on the Adedal Street Plan amendment for the next JCCOG Urbanized Area Policy Board meeting. jccogtp~nmos~agit4e.doc / | I I I :,1~_~, JCCOG I / / / Figure la Coralville-lowa City Annexation Agreement \ \ I I I I I I I I me m mem me Future Artedal Streets · · I I I I I I I I I I I I I I I I JCCOG Iowa City Urbanized Area Arterial-Expressway Street System JCCOG ARTERIAL STREET PLAN Effective February, 1999 l I _j Oakdale Boulevard Extension Coralvilleo Iowa City and Johnson County, Iowa from the aerial photos and contour mapping. The number of wooded ravines that were crossed were also counted. Residential Displacements. An estimate of the number of homes that would be displaced was made for each alternative. Screening Factors East of County Road W66 As it was evident that several of the altematives were not compatible with a future extension across the Iowa River, the Level 2 screening analysis also considered the possibility of extending Oakdale Boulevard across the Iowa River to the vicinity of 3201h Street (see Figure 3). Several screening factors were investigated in this area: Topography East of County Road IV66. The existing topography between County Road W66 and the Iowa River varies considerably in the project corridor. In the northerly part of the corridor, County Road W66 is approximately 130 feet above the Iowa River flood plain elevation. Construction of Oakdale Boulevard in this area would result in steep grades and a very high bridge structure. In the southerly part of the corridor, some of the alternatives would pass through a hill approximately 70 feet high. Other alternatives would pass to the south of this hill, thereby reducing earthwork quantities, construction costs and right-of-way needs. Length Through Floodway. The estimated length of the roadway passing through the Iowa River floodway was compared by reviewing the FEMA flood plain mapping. The length of floodway traversed is an indicator of the length of bridge which may be required. Length Through Flood Plain. The length of each alignment through the 100-year flood plain was estimated from FEMA mapping. Height oflowa River Bridge. As discussed under topographic considerations, some of the alternatives will restfit in an extremely high bridge over the Iowa River. The bridge structure for the North Altematives was estimated to be 70 feet or more in height. The South Altematives would result in a lower bridge height. Screening Workshop The final step of the screening process was a screening workshop meeting held with the cities of Iowa City and Coralville and Johnson County on November 8, 1996. At this meeting, results of the consultant's screening analysis were presented and input from the cities and county was obtained. It was decided that the following alternatives would be retained for further evaluation: South Altemative (52C) South Alternative (53C) so~ t toooovai~t,. rss 10 January 1997 Oakdale Boulevard Extension Coralvi!le. lowa City and Johnson County. lowa TABLE 2 OAKDALE BOULEVARD EXTENSION EVALUATION EAST OF PROJECT AREA COUNTY ROAD W66 TO PRAIRIE DU CHIEN ROAD (LEVEL 2 SCREENING) Alternative lvvra, Topography East of County Road W66 Screening Factor Length Length Height of Length No. of Through Through Iowa River Through Residential Floodway Flood Plain Bridge Wetlands Displacements N3 Most 700 Ft. 2,300 Ft. High 1,200 Unfavorable South A i, A2, A3 Unfavorable 1,200 Ft. 1,900 Ft. Average 1,500 Ft. B 1, B2, B3 Unfavorable 1,200 Ft. 1,800 Ft. Avenge 1,600 Ft. CI, C2, C3 Favorable 700 Ft. 1,600 Ft. Average 600 Ft. NOTES: Refer to Figure 2 for locations of these alternatives. Alternatives not listed are not physically compatible with an extension across the Iowa River. ~s, t woa,n/cnu~. m,"-t January 1997 Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 356-5144 RESOLUTION NO. 99-193 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $521,344.27 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc. subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements· Passed and approved this 15th ATTEST: CI~L~RK,) -~. day of June ,1999. AYOR City Attorney's Office It was moved by Norton and upon roll call there were: and seconded by Thornberr'~vthe Resolution be adopted, AYES: NAYS: ABSENT: X X X X X X __ Champion __ Kubby Lehman Norton O'Donnell __ Thornberry Vanderhoef ADVERTISEMENT FOR BIDS WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 25th day of May, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7 P.M. on the 15th day of June, 1999, or at such later time and place as may be scheduled. The Project will involve the following: 1,941 LF of sanitary sewer, 816 LF of storm sewer, 4,002 SY of 7-in. and 361 SY of 8-in. PCC paving, 2,868 SF of PCC sidewalk, 294 SY of PCC driveways, 4,976 SY of pavement removal and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by Jeff McClure, P.E. of the Public Works/Engineering Dept., City of Iowa City, Iowa, which have here- tofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved. by the City Council, and shall guarantee AF-1 the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 50 Specified Start Date: June 21, 1999 Liquidated Damages: $500 per day Incentive Pay: $500 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Public Works/Engineering Dept., City of Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is re .quired for each set of plans and specifications provided to bid- ders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro- cal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 99-194 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATrEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER THIRD FLOOR ADDITION AND FIRST FLOOR RENOVATIONS PROJECT. WHEREAS, Contracting Corp. of Illinois of Moline, Illinois has submitted the lowest responsible bid of $1,286,800 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Contracting Corp. of illinois of Moline, Illinois, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of A'I'FEST: 7)'/L~) CITY CLERK June ,1999. MAYOR City Attorney's Office It was moved by Thor'nbe~'t'y and seconded by adopted, and upon roll call there were: 0'Donnell the Resolution be AYES: X X X X X X NAYS: ABSENT: X Champion Kubby Lehman Norton 0'Donnell Thornber~ Vanderho~ pwengVes~victr4,doc ADVERTISEMENT FOR BIDS IOWA CITY CIVIC CENTER THIRD FLOOR ADDITION AND FIRST FLOOR RENOVATIONS. Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 10' day of June, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 15' day of June, 1999, or at such later time and place as may be scheduled. The Project will involve the following: A third floor addition to Civic Center North and the remodeling of several department areas on the first floor of the Civic Center North. All work is to be done in strict compliance with the plans and specifications prepared by Wehner Pattschull Pfiffner Architects which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a pedod of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims AF-1 and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee tl~e maintenance of the improvement for a pedod of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 235 (337 calendar days) Specified Start Date: June 28, 1999 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the office of Wehner Pattschull and Pfiffner by bona fide bidders. A $25.00 refundable fee (provided plans and specs are retumed in good condition within 30 days of bid date) is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Wehner Pattschull Pfiffner Amhitects. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minodty business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minodty contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the dght to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK pweng~bidad-cc3rd.doc AF-2 CIVIC CENTER ADDITION PROJECTS City of Iowa City BID ANALYSES Remodeling H .I.S. City Clerk Personnel Asslsted Housing Planning and Community Development Total for Remodeling Finish of Shell Space Police Department New Construction Civic Center North Third Floor Document Services Public Works/Engineering Total Construction ORIGINAL FIRST TIME ARCH.'S EST. PROJECT LOW BID FOR REVZSED ESTIMATE PRO3ECT BZDS SECOND I'~ME LOW BTD 360,000 435,600 NOT BID NOT BID 713,900 862,730 i, 104,000 999,961 $1,559,0013 $1,886,389 , $1,390,839 $1,286,800 84,000 101,640 NOT BID NOT BID 13,740 16,625 17,400 17,400 36,640 44,334 46,806 46,806 178,620 216,130 222,633 222,633 173,000 209,330 NOT BID NOT BID $486,000 $588,059 $286,839 -$286,839 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 99-195 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS SOCCER PARK. WHEREAS, Moore Construction of Iowa City, Iowa has submitted a bid of $394,507 for the completion of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the above-named project is hereby awarded to Moore Construction, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of June , 1999. ATTEST:C~ Approved by It was moved by Thornberry and upon roll call there were: AYES: NAYS: X X X X X X X parksrec\res\concess.doc and seconded by 0' Donnel 1 ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be adopted, ADVERTISEMENT FOR BIDS FOR: CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS SOCCER PARK IOWA CITY, IOWA Notice is hereby given that there are now on file-with the City Clerk, City of Iowa City, Iowa, hereinafter referred to as the Owner, proposed plans, specifications, and form of contract for the above project prepared by Neumann Monson Architects and described in general as: Two 1700 SF buildings at the Iowa City Kickers Soccer Park. Each building will consist of a concession stand, public restrooms, a field office, and storage space. Payment for the proposed project will be made from money legally available for such purposes. Sealed proposals for the construction of the project will be received by the Owner until 2:00 p.m., on June 8th, 1999, at the City Clerk's Office at 410 E. Washington St., Iowa City, Iowa 52240. The bids will be opened and publicly read by the Owner at that time. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 p.m. on the 15t~ day of June, 1999, or at such later time and place as may be scheduled. Bid documents may be obtained from Neumann Monson Architects, 111 East College Street Plaza, Iowa City, Iowa 52240, upon payment of a $50.00 refundable deposit and a $5.00 nonrefundable handing charge per set. Each bid shall be made on the bid form which has been prepared for this purpose and included in the project manual. Each bid shall be accompanied by bid security attached in a separate envelope. Bid Security shall be U.S. Currency, a bid bond with corporate surety satisfactory to the Board, or a cashier's or certified check drawn and an Iowa Bank or Credit Union chartered under the laws of the United States in an amount equal to at least five per cent (5%) of the bid and made payable to the Owner. This bid security shall be forfeited as liquidated damages in the event the successful bidder fails or refuses, within ten (10) days after the acceptance of the bid, to enter into a contract and to file a bond acceptable to the Owner assuring the faithful performance of the contract and the maintenance of said improvements as herein required. The successful bidder will be required to furnish a corporate surety'bond, on a company authorized to do business in Iowa, equal to one hundred percent (100%) of the contract price. This bond shall be issued by a responsible surety approved by the Owner and shall guarantee the faithful performance of the contract and the terms, and conditions therein contained and the maintenance of said improvements in good repair for not less than one (1) year from the time of the acceptance of said project by the Owner. Payments will be made to the successful bidder based on monthly estimates and will be in amounts equal to ninety-five per cent (95%) of the contract value of the work completed, including materials and equipment delivered to the job during the preceding calendar month. The balance of five per cent (5%) due the . - successful bidder will be paid not earlier than thirty (30) days from the date of the Owner's final acceptance of the work, including the materials and equipment subject to the conditions of the contract and in accordance with the provisions of Chapter 573 of the Code of Iowa. Work under the proposed contract shall start upon issuance of the Owner's Notice to Proceed; all work is to be completed and all materials and equipment are to be placed in operation on or before the completion date noted on bid form by contractor, subject to any extension of time which may be granted by the Owner. The Owner would like at least one of the two buildings complete by September 15"', 1999 and both buildings complete by November 1st, 1999. All work is to be done and all materials and equipment are to be furnished in accordance with the proposed plans, specifications and form of contract now on file with the Owner, and said plans, specifications, and form of contract are by this reference made a part of this Notice as though fully set out and incorporated herein. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and to Iowa domestic labor, providing that the award of contract will be made to the responsible bidder submitting the lowest acceptable bid. The Owner reserves the right to reject any and all bids, to waive informalities and technicalities and to enter into such contract as it shall deem to be in their best interest. Published by the order of The City of Iowa City. MARlAN K. KARR, CITY CLERK parksrec~soccebid,doc Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, jA 52240 (319) 356-5139 RESOLUTION NO. 99-196 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHN F. AND VIRGINIA LEE STAMLER FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF MCLEAN STREET IN IOWA CITY, IOWA. WHEREAS, John F. and Virginia Lee Stamler are the fee owners of certain real estate addressed as 358 Lexington Avenue and described as follows: Beginning at the Northwest corner of Block 5 in Manville Addition to Iowa City, as shown by the recorded plat in Book 1, at page 149, in the Plat Records of Johnson County, Iowa; thence South 160 feet; thence east on a line parallel to the South line of McLean Street 150 feet; thence North 80 feet; thence West 10 feet; thence North 80 feet to the North line of said Block; thence West along said North line 140 feet to the place of beginning. WHEREAS, John F. and Virginia Lee Stamler, hereafter "Ownere," desire to construct a driveway along the north side of their property addressed 358 Lexington Avenue, as indicated in Attachment A; and WHEREAS, said driveway will extend approximately 25 feet into the right-of-way of McLean Street adjacent to the property; and WHEREAS, Owners agree to remove the driveway intruding into the McLean Street right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the McLean Street right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the driveway to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for temporary use of the McLean Street public right-of-way containing certain conditions has been negotiated; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Council finds that Owners' driveway, which extends approximately 25 feet into the McLean Street right-of-way constitutes a minimum intrusion, and will not adversely affect the City's interests in said right-of-way, so long as the driveway conferms to the conditions set forth in the accompanying agreement. Resolution No. 99-196 Page 2 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 15th day of June ,1999. ATTEST:Ci~LER~K ~- MAYOR Approved by City Attomey's Office It was moved by ThnrnhPrry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: X X x X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND JOHN F. & VIRGINIA LEE STAMLER FOR A PORTION OF MCLEAN STREET IN IOWA CITY, IOWA. This Agreement is made between John F. and Virginia Lee Stamler ("Owners") and the City of Iowa City, Iowa, a municipal corporation ("City"), WHEREAS, John F. and Virginia Lee Stamler are the fee owners of certain real estate addressed as 358 Lexington Avenue and described as follows: Beginning at the Northwest corner of Block 5 in Manville Addition to Iowa City, as shown by the recorded plat in Book 1, at page 149, in the Plat Records of Johnson County, Iowa; thence South 160 feet; thence east on a line parallel to the South line of McLean Street 150 feet; thence North 80 feet; thence West 10 feet; thence North 80 feet to the North line of said Block; thence West along said North line 140 feet to the place of beginning. WHEREAS, John F. and Virginia Lee Stamler, hereafter "Owners," desire to construct a driveway along the north side of their property addressed 358 Lexington Avenue, as indicated in Attachment A; and WHEREAS, said driveway will extend approximately 25 feet into the right-of-way of McLean Street adjacent to the property; and WHEREAS, Owners agree to remove the driveway intruding into the McLean Street right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the McLean Street right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the driveway to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein. NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: In consideration of the conditions herein, the City agrees to permit Owners to extend a ddveway into a portion of the McLean Street right-of-way, and that said extension into the right-of-way shall be approximately 25 feet. 2. Owners agree to comply with the conditions set forth herein. Owners agree that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of driveway, City is not responsible for the 2 restoration of, replacement, or payment of damages for said driveway, and it shall be the Owners' burden to restore the ddveway at their own expense if they choose. Owners agree that the City may, at its discretion, elect to give notice to Owners to remove the ddveway which extends into the McLean Street right-of-way, all as provided in Section 364.12, Code of Iowa (1997); and in the event Owners do not comply within the time pedod designated in the Notice to Remove, City may elect to remove, or direct removal of the ddveway and/or any other obstructions from the right-of-way,, and to charge the cost of such removal to Owners, which Owners hereby agree to pay. Further, any costs of removal may be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1997). Owners, together with their successors and assigns, agree to indemnity, defend and hold City harmless in connection with any liability whatsoever arising in regard to the installa- tion, maintenance, use, location, existence or repair of said driveway within the McLean Street right-of-way, including any liability which the City may incur as a result of its decision to allow placement of said driveway within the McLean Street right-of-way. Owners may later be required to carry liability insurance coverage, but such coverage is now waived by the City. If any required insurance is not maintained, the City shall have the right to remove the driveway pursuant to Section 364.12, Code of Iowa (1997). Owners acknowledge and agree that no property right is conferred by this grant of permis- sion to use the McLean Street right-of-way for placement of the driveway; that the City is not empowered to grant a permanent use of its street right-of-way for pdvate purposes; and that the City may order said portion of driveway removed at any time, if, for any reason, the City Council determines that the preperty on which the driveway is located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. = This Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Owners' expense. 8. This agreement shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest and assigns of both parties. Dated this '7- ""'day of z2~,4,/.~ ,1999. Emest W. Lehman, ayor Madan K. Karr, City Clerk Vi~~e Stamler Approved by City Attomey's Office CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /,,~ day of ,-) ,~ ~ ,19 ~'? , before me, --~o~=~-~ ~ - '~,,--F- , a Notary Public in and for the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, 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 (Ordinan.___~) (Resolution) No. cZ~-/f~,- passed by the City Council, +~ on the /_c; -- day of ~ ~.~, t_- ,19 c?2 , and that Emest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. _~ry ublic in and for thE State of Iowa OWNERS ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,74 L day of ,...'~nc , 1998, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John F. and Virginia Lee Stamler, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for said County and State CAROL McARTOR My ~r~n Expires I0 LEXINGTON AVENUE Y 91'Oe ~. .,0i',6£.00 S // /, I I F"' 06-15-99 20 J Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MICHAEL S., CHRISTINE M., MARC B. AND MONICA B. MOEN FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, Michael S., Christine M., Marc B. and Monica B. Moen am the fee owners of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa; and WHEREAS, Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the property; and WHEREAS, Owners will be undertaking the construction of a new building on their property located at 212 S. Clinton Street; and WHEREAS, Owners' construction will take place on their property along the east edge of Clinton Street, and Owners wish to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owners have requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 212 S. Clinton Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of 212 S. Clinton Street between Clinton Street and Dubuque Street to ensure the safety of passing pedestrian traffic; 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 request and finds the temporary use of a portion of the Clinton Street and adjacent alley right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Clinton Street and adjacent alley public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owners' property along the east edge of Clinton Street and the alley adjacent to and south of 212 S. Clinton Street in Iowa City, Iowa in order to assure a safe construction site for the construction of a building, and thereby ensure public safety. Such temporary right-of-way use shall take effect beginning June 16, 1999 and end upon substantial completion of the construction, but no later than December 31, 2000. Resolution No. Page 2 The Agreement for Temporary Use of Public Right-of-Way 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 Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this day of ,'1999. A'I'FEST: CITY CLERK MAYOR City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/dinton2 ,doc AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MICHAEL S., CHRISTINE M., MARC B. AND MONICA B. MOEN FOR A PORTION OF THE CLINTON STREET RIGHT. OF-WAY IN IOWA CITY, IOWA This Agreement is made by and between Michael S., Christine M., Marc B. and Monica B. Moen, hereinafter also referred to as "Owners", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, Michael S., Christine M., Marc B. and Monica B. Moen are the fee owners of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa; and WHEREAS, Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the property; and WHEREAS, Owners will be undertaking the construction of a new building on their property located at 212 S. Clinton Street; and WHEREAS, Owners' construction will take place on their property along the east edge of Clinton Street, and Owners wish to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owners have requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 212 S. Clinton Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of 212 S. Clinton Street between Clinton Street and Dubuque Street to ensure the safety of passing pedestrian traffic; 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 request and finds the temporary use of a portion of the Clinton Street and adjacent alley right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Clinton Street and adjacent alley public fight-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: Owners are the fee owners of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa, and Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the property. Further, Owners will be undertaking the construction of a new building located at 212 S. Clinton Street· In order to facilitate the safe execution of said construction, and to secure passing pedestrian traffic from the area of falling debds, Owner has requested the City permit the temporary use of a portion of the Clinton Street right-of-way between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of 2 212 S. Clinton Street between Clinton Street and Dubuque Street. In consideration of the City's permission herein to temporarily close a portion of the City sidewalk along the east side of Clinton Street and an alley adjacent to and south of 212 S. Clinton Street dudng the construction of the building, Owners agree to secure their construction site against pedestrian and public traffic by constructing a six foot covered pedestrian walkway adjacent to the east curb as detailed in Attachment "A", 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 an~ a safe construction site. In consideration for Owners' promises herein, the City agrees to allow Owners to temporarily use a portion of the right-of-way along the east side of Clinton Street 'and to temporarily close a City sidewalk and an alley adjacent to and south of 212 S. Clinton Street as detailed in Attachment "A". Owners agree 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. Owners agree 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 Owners' use of the public right- of-way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owners to temporarily close a portion of a sidewalk along the east side of Clinton Street adjacent to 212 S. Clinton Street and to dose an alley adjacent to and south of 212 S. Clinton Street, all as described herein. Owners further agree 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. Owners shall further fumish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After Owners' construction is complete, Owners agree to restore any and all portions of the east Clinton Street right.of-way, and any and all portions of the adjacent alley to their pre-construction condition, to the City's complete satisfaction. With respect to this agreement for use of public right-of-way and the temporary closure of a portion of the Clinton Street sidewalk and adjacent alley, City and Owners agree this agreement shall be in effect beginning June 16, 1999, and ending upon substantial completion of the work, but no later than December 31, 2000. Notwithstanding the above, Owners agree 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. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right--of-way is no 3 longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City given written notice of removal to Owners. If Owners fail to remove any obstructions, barricades or signage from the public right-of- way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owners for payment to City. Upon Owners' failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed ~gainst the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Owners acknowledge and agree 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 pdvate purposes; and, notwithstanding paragraphs six (6) and seven (7), 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. 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 ,1999. CITY OF IOWA CITY, IOWA OWNERS By Ernest W. Lehman, Mayor By Michael S. Moen Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office By Chdstine M. Moen By Marc B. Moen By Monica B. Moen 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of before me, Iowa, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly swom, 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 , l g , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF ) ) ss: ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael S. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: STATE OF ) ) ss: ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Chdstine M. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Marc B. Moen, to me known to be the identical person named in and who executed the within and for.egoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: STATE OF ) ) ss: ) 6 On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Monica B. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: pweng/a~gt/clinton2,doc loci June 1, 1999 Dear City Council and Staff.' The closing of part of the street and the entire sidewalk next to the Mid America Building is hampering our ability to do business downtown. We understand the necessity for a brief emergency closure until the building was stabilized but a continued blockage of the right of way just isn't working. A common complaint heard by all of us in business downtown is that of accessibility. Whether a real or a perceived problem, visitors are convinced it is hard to get around downtown and hard to park. The closure of one lane of traffic on Clinton Street, directly across from the main downtown parking facility (which is also under renovation), clearly adds weight to that perception. At present, the blocked lane is used as a flee parking area for workers from All-American Concrete and for the bricklayers working on the faCade of the Mid-American building. As an example of how the space is utilized we are enclosing several pictures for your review. Note that the dump track and trailer have not been moved for 5 days. They were parked there for the entire Memorial Day weekend. Staff has told us that the sidewalk will be closed for more than one year and that the street will be reduced to 3 lanes for the entire period. Cities all over the wo~d build skyscrapers with sidewalks and streets open next to the construction. You could certainly require the contractor to erect the necessary scaffold to ensure the safety of pedestrians during corntraction. Any City policy that allows the private sector extended use of public right away without compensation for the public needs to be reevaluated. Please restore Clinton Street to 4 lanes and provide at least a 6-foot sidewalk beside the Mid-America and Mondo's buildings. Sincerely, Jim Clayton, The Soap Opera Mark Weaver, Active Endeavors Ann Ashby, Lorenz Victoria Gilpin, Preferred Stock Shannon Anderson, Karlsberg Tanning Chris Burhans, Gringo's D. J. Rinner, D. J. Rinner Goldsmith Christiane Knorr, Iowa Artisans Gallery June 1 O, 1999 Jim Clayton, The Soap Opera Mark Weaver, Active Endeavors Ann Ashby, Lorenz Victoria Gilpin, Preferred Stock Shannon Anderson, Karlsberg Tanning Chris Burhans, Gringo's D.J. Rinner, D.J. Rinner Goldsmith Christlane Knorr, Iowa Artisans Gallery Dear Downtown Retailers: In response to your June 1, 1999, letter, I would like to say that the City appreciates your concerns regarding pedestrian and automobile accessibility in the downtown area during the streetscape construction project and the redevelopment of the former Mondo's site. The present closure of the northbound lane of Clinton Street is for the downtown streetscape project. In order to expedite the construction of the westerly College Street leg of City Plaza and provide an interior "cut-through", the construction documents allow All-American Concrete to close this lane of traffic so as to allow for the delivery of bricks, limestone, and other materials. To ensure that the area is available for deliveries, All- American often has to park its own vehicles in this location so that others do not park there. When the delivery vehicles arrive, All-American is then easily able to move their vehicles. These vehicles also provide tools and materials needed to accomplish the work. If all goes well and the weather behaves, the contractor hope to complete the "heavy construction" aspects of this part of City Plaza by the end of the week of June 14. The northbound lane of Clinton Street would then open at that time. After further review and your input, the City has directed the contractor for the former Mondo's site to construct a six-foot wide covered walkway over the sidewalk in front of the construction site. On the Council's June 15 agenda is a resolution authorizing temporary use of the public-right-of way for this purpose. If you have specific questions regarding the covered walkway, please contact Chuck Schmadeke, Director of Public Works, 356-5141. During the reconstruction of the building, the sidewalk and northbound lane of traffic should be open and accessible at most times. However, there will be times when a lane of traffic or the walkway may be briefly closed for delivery of materials of construction of a specific component of the building. I would like to thank you for your patience as we have worked out a solution to accommodate pedestrian and automobile accessibility in this area. As you are aware, the 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 construction of the streetscape and a multi-story building in a downtown setting is disruptive. With your assistance and input, we will work to minimize these disruptions. Thank you again. David Schoon Economic Development Coordinator Co; City Council & City Manager Chuck Schmadeke Rob Winstead F:\downtown\sd\sidewalk .doc Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-198 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MOEN GROUP FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, The Moen Group is the owner of certain real estate located at 103 College Street, Iowa City, Iowa; and WHEREAS, the loss of a building at 212 S. Clinton Street due to a fire on the property necessitates reconstruction; and WHEREAS, construction of a new building will be taking place on property located at 212 S. Clinton Street which is adjacent to and south of 103 College Street; and WHEREAS, construction will take place on property along the east edge of Clinton Street south of 103 College Street, and Owner wishes to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 103 College Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burlington Street to ensure the safety of passing pedestrian traffic; 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 request and finds the temporary use of a portion of the Clinton Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Clinton Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owner's property along the east edge of Clinton Street adjacent to 103 College Street in Iowa City, Iowa in order to assure a safe construction site for the construction of a building at 212 S. Clinton Street, and thereby ensure public safety. Such temporary right-of-way use shall take effect beginning June 16, 1999 and end upon substantial completion of the construction, but no later than December 31,2000. Resolution No. 99-198 Page 2 The Agreement for Temporary Use of Public Right-of-Way 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 Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 15th day of June ,1999. A"R'EST:C~~E~K~ 2~. MAYOR City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/moenoake.doc AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE MOEN GROUP FOR A PORTION OF THE CLINTON STREET RIGHT-OF-WAY IN IOWA CITY, IOWA This Agreement is made by and between The Moen Group, hereinafter also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, The Moen Group is the owner of certain real estate located at 103 College Street, Iowa City, Iowa; and WHEREAS, the loss of a building at 212 S. Clinton Street due to a fire on the property necessitates reconstruction; and WHEREAS, construction of a new building will be taking place on property located at 212 S. Clinton Street which is adjacent to and south of 103 College Street; and WHEREAS, construction will take place on property along the east edge of Clinton Street, south of 103 College Street and Owner wishes to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 103 College Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burlington Street and to ensure the safety of passing pedestrian traffic; 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 request and finds the temporary use of a portion of the Clinton Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: Owner is the fee owner of certain real estate located at 103 College Street, Iowa City, Iowa, and the property is adjacent to 212 S. Clinton Street where the loss of a building occurred due to a fire on the property. Further, construction of a new building located at 212 S. Clinton Street will occur. In order to facilitate the safe execution of said construction, and to secure passing pedestrian traffio from the area of falling debris, Owner has requested the City permit the temporary use of a portion of the Clinton Street right-of-way between the College Street Pedestrian Mall and Burlington Street. In consideration of the City's permission herein to temporarily close a portion of the City sidewalk along the east side of Clinton Street adjacent to 103 College Street during the construction of the building, Owner agrees to secure construction site against pedestrian and public traffic by constructing a six foot covered pedestrian walkway adjacent to the east curb 2 as detailed in Attachment "A", 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 Owner's promises herein, the City agrees to allow Owner to temporarily use a portion of the right-of-way along the east side of Clinton Street and to temporarily close a portion of City sidewalk adjacent to 103 College Street as detailed in Attachment "A". Owner 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. Owner 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 Owner's use of the public right- of-way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close a portion of a sidewalk along the east side of Clinton Street adjacent to 103 College Street, all as described herein. Owner 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. Owner shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After construction is complete, Owner agrees to restore any and all portions of the east Clinton Street right-of-way to its pre-construction condition, to the City's complete satisfaction. With respect to this agreement for use of public right-of-way and the temporary closure of a portion of the Clinton Street sidewalk, City and Owner agrees this agreement shall be in effect beginning June 16, 1999, and ending upon substantial completion of the work, but no later than December 31,2000. Notwithstanding the above, Owner 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. A breach of this 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; c. Within thirty (30) calendar days after the City given written notice of removal to Owner. If Owner fails to remove any obstructions, barricades or signage from the public right-of- way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal costs shall be 3 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). Owner 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 six (6) and seven (7), 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. 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 15th day of June ,1999. CITY OF IOWA CITY, IOWA THE MOEN GR Ernest W. Lehman, Mayor ~ . ,,,~ac!7J Attest: Ma~n/K. Karr, City Clerk Approved by: City Attorney's Office (,, -/o STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,,~'t''cL' day of "~,-,,v,-~_., 19 't '~ before me, ~_ ,,,v, ,,._ ~,,. ~J,~,,,r',\ , a Notary Pu~31ic in and f~r the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~ ,~ _~ I ~, passed by the City Council, on the-,le~IE~ day of '~"-~-~ , 19 ~c~ , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. No Pu 'c i~a~e of Iowa ~ , ~ (~-,. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ (~' day of ~"~LL,I,J~ ,19~F~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ['Y'~,F~ ~ ff'~OEA-) , and , to me personally known, who being by me duly sworn, did say that they are partners of "'("Ft~;, r~c>~>~3 ~P-,t-,~ ~P , a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners, and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the them voluntarily executed. NEANA M. SAYLOR My Commission Expires ~.~ June 6, 2000 Notary Public in and for the Stat oL~f lowa pweng/agt/moenoake.doc 22 Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-199 RESOLUTION TEMPORARILY CLOSING A PORTION OF DUBUQUE STREET RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, the University will be undertaking maintenance and renovation work at the University of Iowa Mayflower Residence Hall along the Dubuque Street right-of-way; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic during construction along Dubuque Street adjacent to Mayflower Residence Hall; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of Dubuque Street right-of-way in Iowa City, Iowa in order to assure a safe construction site for the University of Iowa and thereby ensure public safety. 2. The following public right-of-way shall be temporarily closed: The eastern bus lane along Dubuque Street adjacent to Mayflower Residence Hall. Such temporary closing shall take effect beginning June 16, 1999, and end upon substantial completion of the construction, but no later than August 31, 1999. The agreement for temporary use of public right-of-way attached hereto is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest said agreement for and on behalf of the City of Iowa City for recordation in the Johnson County Recorders Office, at University expense. Passed and approved this ].5th ATTEST:C~ day of June ,1999. City Attorney's Office pweng/res/dubuque.doc Resolution No. 99-199 Page. 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X × O'Donnell the Resolution be ABSENT: .. Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA This Agreement is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the University will be undertaking the maintenance and renovation work at the University of Iowa Mayflower Residence Hall along the Dubuque Street dght-of-way; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic during construction along Dubuque Street adjacent to Mayflower Residence Hall; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and Now, therefore, in mutual consideration of the promises herein, the University and City agree as follows: The University is directing maintenance and renovation work at the University of Iowa Mayflower Residence Hall along the Dubuque Street right-of-way in Iowa City, Iowa. Because construction will take place adjacent to the Dubuque Street right-of-way, it is in the best interests of both the University and the City to temporarily close a portion of Dubuque Street right-of-way in order to safely accommodate said construction. In order to protect the construction area from traffic, and also to protect the pedestrian vehicular traffic from the construction site, City agrees to temporarily close a portion of Dubuque Street right-of-way, namely: The eastern bus lane along Dubuque Street adjacent to Mayflower Residence Hall. In consideration of the University's use of Dubuque Street dght-of-way during construction, the University agrees to secure its construction site against pedestrian and vehicular traffic by providing adequate traffic control, and by fencing all open excavations while the contractor is not working. The University further agrees to provide and keep in place, and maintain in good working condition, signage necessary to: a) b) c) Route pedestrians. Provide advance warning. Provide for the orderly and predictable movement of vehicular traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Exhibit "A" shows the area of closure. 2 The parties agree that this agreement shall be in effect beginning June 16, 1999, and shall end upon substantial completion of the work, but in no event later than August 31, 1999. After construction is completed, University agrees to restore all rights-of-way to the City's complete satisfaction. This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising from University's use of the Dubuque Street right-of-way hereunder to the full extent permitted by Chapter 669, Code of Iowa (1997). Dated and signed this 1_'5, day of J,.~,,__ ,1999. CITY OF IOWA CITY, IOWA UNIVERSITY OF IOWA ATTEST: Maria~n'. Karr, City Clerk ATTEST: Dougla~s/~you~~~/ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /< .~L ?',~,,a,-~-.--- ~mH' day of ~.~ 19 ~ before me, , a Notary Public' in and for th'e State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordin;ncc) (Resolution) No. ?'7- r"Y?' passed by the City Council, on the /~ '~'- day of '~ , 19 q'~ , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On t~t~s ,~.~ day of i~~_/ 19 ~'~' before me, being by me duly sworn, did say that they are the Universi~ Business Manager and Secreta~ of the State of Iowa Board of Regents. Approved by City Attorney's Office pweng/agt/dubuque.doc ®' 0 0 0 il BJ II DUBUQUE STREET MAYFLOWER RESIDENCE HALL THE UNIVERSITY OF IOWA IOWA CITY, IOWA l,,4olne, L · B:~,~,,T~,~,,%L ,Ctw0ego, L Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-200 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RESOURCE ENHANCEMENT AND PROTECTION FUND GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES IN CONNECTION WITH THE SOUTH SYCAMORE REGIONAL STORMWATER AND GREENSPACE PROJECT. WHEREAS, the City Council has authorized property acquisition in connection with the South Sycamore Regional Stormwater and Greenspace Project; and WHEREAS, one purpose of the project is the acquisition, development, and protection ol" wetlands; and WHEREAS, the Iowa Department of Natural Resources has authorized a grant in the amount of $200,000 to assist the City in acquiring property for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it would be in the public interest for the City of Iowa City to enter into a grant agreement with the Iowa Department of Natural Resources in order to receive a grant for the acquisition and development of wetlands in connection with the South Sycamore Regional Stormwater and Greenspace Project. A copy of the grant agreement is on file in the City Clerk's office. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest a grant agreement with the Iowa Department of Natural Resources for the acquisition and development of wetlands in connection with the South Sycamore Regional Stormwater and Greenspace Project. Passed and approved this 15th day of June ,1999. ATTEST:Ci~~ERK~-~ ,~- Ap~~ City Attorney's Office Resolution No, 99-200 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X Vanderhoef the Resolution be ABSENT: ,'. Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef Grant #:99-R4-JB DEPARTMENT OF NATURAL RESOURCES RESOURCE ENHANCEMENT AND PROTECTION FUND GRANT A GREEMENT-A CQUISITION/DEVELOPMENT GRANTEE: PROJECT TITLE: CONTACT PERSON/PHONE #: GRAx'Cr AWARD: DNR CONTACT/PHONE #: City of Iowa City South Sycamore Regional Greenspace Project Terry Trueblood $ 200,000.00 KATHLEEN MOENCH 515-281-3013 PURPOSE. The purpose of this REAP Acquisition/Development Grant Agreement is to enable the Iowa Department of Natural Resources (DNR), acting for the State of Iowa, to assist the City of Iowa City (Grantee) in the acquisition and development of land for the enhancement and protection of open space areas. PARTIES/AUTHORITY. The parties to this Grant Agreement are the DNR, an agency of the State of Iowa, and the City of Iowa City. The parties make this Grant Agreement pursuant to 1989 Iowa Code Supplement Section 455A. 19(1)(a), which authorizes the Natural Resource Commission to spend certain state funds appropriated for projects to enhance and protect open spaces. 3. GENERAL DESCRIPTION OF PROJECT LANDS. This Grant Agreement is for your project described as: ACQUISITION OF 7.7 ACRES OF TO PROTECT HIGH QUALITY WETLANDS LOCATED ALONG THE CITY SOUTHERN CORPORATE BOUNDARY ON SYCAMORE STREET AND THE CITY SOCCER FIELD COMPLEX TO THE SOUTH. 4. GRANT AWARD AND REIMBURSEMENTS. The DNR will provide 100 percent of the acquisition costs, and development costs up to a maximum amount of $200,000.00. A. An advance reimbursement totaling 90 percent of the development grant award may be requested by submitting a letter of request to: REAP Grant Administrator Budgets & Grants Bureau Iowa Department of Natural Resources Wallace State Office Building D-es Moines, Iowa 50319 Included with this grant agreement are appraisal guidelines, and a groundwater hazard statement form which will need to be filed with the respective county recorder. Please submit the appraisal(s) and groundwater hazard statement(s) as soon as possible to the address mentioned above. C. Upon written approval of the appraisal(s), 100 percent advance reimbursement of the acquisition grant award may be requested by submitting a letter of request and the following documents: * title opinion showing title is clear and marketable; 2 Grant #:99-R4-JB offer to buy. D. Final payment and an on-site inspection will be made when the project is completed and the grantee submits a letter of request along with the following documents: · copy of the recorded deed naming the grantee as owner; · copy of the recorded groundwater hazard statement(s); · copy of the recorded "Notice of Use Restriction" document (call DNR Contact for details); · copies of billings and canceled checks for the acquisition and development costs; · final report, to include a description of the completed project and efforts made to procure goods and services from Targeted Small Businesses (TSBs). 5. ACQUISITION COSTS EXPLAINED. Acquisition costs include the lesser of the cost or value of the project lands, and the lesser of the cost or value of acquisition services as follows: Cost/Value of Project Lands. Acquisition costs include the lesser of the purchase price paid for the project lands by the grantee, or their fair market value established by an appraisal approved by the DNR. Cost/Value of Acquisition Services. Acquisition costs also include the lesser of the price paid by the grantee for acquisition services, or the fair market value of such services based on a written valuation approved by the DNR. Acquisition services include appraisals, surveys, abstracting, and other miscellaneous services reasonably required for acquisition of the project lands. Notwithstanding subparagraphs 5a and 5b, the DNR will not cost-share more than the appraised fair market value of any part of the project lands, and will not cost-share more than the substantiated fair market value of any acquisition services. RESPONSIBILITIES. The grantee is solely responsible for closing the acquisition tramaction, recording the transaction and Notice of Use Restriction with the appropriate county recorder. The grantee will make a concerted effort to procure goods and services from Targeted Small Businesses (TSBs) during the performance of this Grant Agreement. The DNR may provide assistance at the request of the grantee, or at the Director's recommendation. The grantee may choose at its own risk to acquire title to portions of the project lands if necessary to avoid expiration of an offer to sell or to facilitate fund raising, after obtaining a written waiver of retroactivity from the department. AMENDMENTS. This Grant Agreement may be amended only by written ADDENDA signed and dated by the DNR Director or DNR REAP coordinator. Requests for amendments shall be directed to the DNR REAP coordinator. EFFECTIVE DATE/TERMINATION. This Grant Agreement shall become effective when it has been signed and dated by the DNR Director and the grantee. All work specified in the project proposal will be completed by DECEMBER 31, 2000. 3 Grant #:99-R4-JB By signing this Grant Agreement, the grantee agrees agreement and all attachments listed below: · the REAP "General Provisions"; · the appraisal guidelines; · a budget sheet. to the terms and conditions set forth in this Date Larry J. Wilson, Director Iowa Depati~nent of Natural Resources Fed ID# Grantee Signature, Mayor or County Board Director Print Name, Mayor or County Board Director 4 IAC 19.2/9-6/90, 6/4/97 Natural Resource Commission[571 ] Ch33, p.1 CHAFFER 33 RESOURCE ENHANCE,x~[F~\~F kND PROTECTION PROGRAM: COUNTY, CITY AiN'D PRIVATE OPF~N SPACES GRANT PROGRAbIS P~rt l G ENE~U_ PRO V1S [ONS 571--33.1(455A) Purpose. The purpose of these rules is to define procedures for the administration of the private cost-sharing funds within the open spaces account, the county conservation account, and the city park and open spaces account of the re.source enhancement and protection fund. 571--33.2(455A) Resource enhancement policy. The resource enhancement and protection pro- gram and its various elements shall constitute a long-term integrated effort to wisely use and protect Iowa's natural resources through the acquisition and management of public lands, the up~_o-,'ading of public park and preserve facilities; environmend education, monitoring, and research: and other envi- ronmentaily sound means. Expenditure of funds from the county conservation account, the city park and open spaces account and the private cost-sharing portion of the open spaces account shall be in a~rd with this policy. 571--33.3(455A) Definitions. "Coun,ty resource enhancement committee" means the county resource enhancement committee created in !989 Iowa Acts, chapter 236, section 7 [Iowa Code section 455A.20]. "Department" means the depan'ment of natural resources created in Iowa Code section 455A.2. "Director" means the director of the depax'm'xent of natural resources. "Narurat resource commission" me:4ns the natural resource commission of the depaxm~ent created in Iowa Code section 455A.5. "Open spaces" means those natural or cultural resource areas that contain natural vegetation, fish, wildlife, or have historic, scenic, recreation and education value. Examples of open spaces in cities and towns include, but are not limited to, park.s, riverf:ront~ and town squares. In run/areas, open spaces include, but are not limited to, such areas a.s woodlands, prairies, masbJands, river corndots, lake shores, parks and wildlife areas. 571--33.4(455A) Restrictions. Funds allocated to cities and counties under this chapter shall not be used for sin~e or multipurpose athletic fields, baseball or softbail diamonds, tenms courts, golf courses, swimming pools, and other group or orgamzed sport facilitie.s. 571--33..5(455A) Grant applications, general procedures- 33.5(1) Any project submit'ted from a city or county for grant consideration must fimt have been reviewed and commented on by the county re.source enhancement committee from the county in which the projea is located. Application must include documentat'ion of that review and a summary of any comments made by the committee. 33..5(2) Applications for all grant programs shall be made on forms provided by the department. An original and five copies shall be subrmttexi by deadlines as specified in subrule 33 .5(4) of rhi~ chap- ter or as otherwise published by the department Ch 33, p.2 Natural Resource Commission[571 ] LAC 6/4/97 33.5(3) Applications shall provide' suf-tqcient detail as to clearly describe the scope of the project. A.ny application which is not complete at the time of project review and scoring, or for which additional pertinent information has been requested and not received, shall not be considered for funding. 33.5(4) Application deadlines are the same for county, city, and private open space _m-ant pro- ~ams. Appiicadons will be reviewed and projects selected for funding one time each year in Septem- ber. Applications must be received in acceptable form by the department t~y the close of business on the fifteenth day of August. Upon a 60-day notice to potential applicants, the depa, a,,ent may schedule additional review and selection periods to ex.mxtite the distribution of grant funds. 33.5(~ Joint applications are permitted. One entity must serve as the primary. applicant. Joint projects sponsored by entities competing for funds from different REAP ac~unts, e.g., a joint city/ county project, are allowable. Applicadons must clearly spell out the respective shares of project costs to be derived from various REAP accounts if the project is approved for funding. Any cooperative a~eement between joint applicants must be provided as a pan of the application. 571--33.6(455A) Appraisals. Appraisal reports must be approved or disapproved in writing by the director. Grants may include incidental costs as.sociated with the acquisition, including, but not limited to. costs for appraisals, abstracts, prorated t.P..xe.s, deed tax stamps, recording fees and any necessary surveys and fencing. 571--33.7(455A) Groundwater hazard statements. Grantees must obtain a properly completed _m-oundwater hazard statement on all proposed acquisitions before the acquisition is Completed. The statement must be filed with the department and county recorder pursuant to Iowa Cocte sect'ion 558.69. Prior to the acquisition of any property that has an abandoned or unused well. hazardous waste disposal site, solid waste disposal site, or underground storage tank the grantee must file with the de- partment a plan that details how these conditions will be managed to best protect the environment. This plan must be approved in writing by the director before the land is acquired. 571--33.8(455A) Rating systems not used. During any funding cycle when total grant requests are less than the allotment available, the rating system need not be applied. All applications will be re- viewed by the appropriate committee for eli~bility to ensure they meet minimum scoring require- merits and to ensure consistency with proSam policy and purposes. 571--33.9(455A) Applications not selected for grants. All applications for projects considered eli- gible but notscoring hi~ enou~ to'b~ awarded a grant immediately will be retained by the department until two months prior to the next regular submittal date during which time they may be funded. If not approved forfunding by that time. applicants will be notified by the depa~.ent in writing. The origi- nal application will be returned to applicants only upon request. The applicant may msubmit the proj- ec't or an amended version of the project for scoring and consideration during the next application cycle by resubmitting an original or amended application and five copies by the respective deadline. IAC 6/4t97 Natural Resource Commission[571] Ch 33, p.3 571--33.10(455A) Similar development projects. An application for a development project gant m. av include development on more than one area if that development is oe' a like type (e.g., tree and shrub planrings). 571--33.11(455A) Com'niissitn review and approval..The. director will present the recommenda- tions of the appropriate project review and seiecxion committee in recommended funding order to the natural resource commission at its next meeting following the ranking of projects for funding. The commission may approve or disapprove funding for any project on the list. The commission may change the order of the list. Reasons for change or rejection of any recommended project must be in- cluded in the motion to change the order of the list or reject any project. 571--33.12(455A) Timely commencement and completion of projects. Grant recipients are ex- pected to commence and complete projects in a timely and expeditious manner. A project period com- mensurate with the work to be accomplished will be established and included in the project a_m"'~ment. Project sponsors may receive up to 90 percent of approved grant funds at the stag of the project ~riod. Failure to initiate the project or to complete it in a timely manner may be cause for termination of the project., re,urn of unused grant funds at the dine of terrninadon, and cancellation of the grant by the department. 571--33.13(455A) Waivers of retroactivit7.. Normally .m-ants for acquisitions or develooments completed prior to application scoring will not be approved. However, an applicant may make written request for a waiver of retroactivity to allow project elements to be considered for ~ant assistance. W'aivers will be granted in writing by the director and receipt of a waiver does not ensure funding, but only ensures that the project will be considered for funding along with all other applications. 571--33.14(455A) Project amendments. Projects for which grants have been approved may be amended, if funds are available, to increase or decrease project scope or to increase or decre,,,.-se project costs and grant amount. All amendments must be approved by the appropriate project review and .~e. tection commit'tee and by the director. Amendments which result in an increase in the cost of the project in excess of $25,000 or 25 percent of the approved cost, whichever is greater, or which involve a change in the project purpose also must be approved by the commission. 571--33.15(455A) Payments. Ninety percent of approved grant amounts may be paid to project s.oonsors when requested, but not earlier than stax't-up of the project. Ten percent of the grant total shall be withheld by the alepat tment pending successful completion and final inspection, or until any irregu- laritie.s discovered as a result of a final site inspecaon have been resoivect. 571--33,16(455A) Record keeping and retention, Grant recipients shall keep adequate records re- lating to the administration of a project, particularly relating to all incurred expenses. These records si~all be available for audit by representatives of the depat a,,ent and the state auditor's office..All tee- on:is shall be retained in acc..ordance with state laws. Ch 33, p.4 Natural Resource Commission(571] L-XC 6/~,/97 571--33.17(455A) Penalties. Whenever any property, real or personal, acquired or developed with resource enhancement and protection funds passes from the control of the grantee or is used for put- poses other than the approved project purpose, it will be considered an unlawful use of the funds. If a grantee desires to use the approved funds for a purpose other than the approved project purpose that is an approved use of funds under the provisions of Iowa Code chapter 455A and these rules, the _mantee shall seek an amendment to the project purpose by following the provisions of 33.14(455A). The de- patu~ent shall notify the grantee of any such violation. .- 33.17(1) Remedy. Funds used without authorization, for purposes other than the approved project purpose, or unlawfully must be returned to the department for deposit in the ac.c~unt of the re.source enhancement and protecrion fund from which they were originally apportioned. I.a the case of diver- sion of property acquired with resource enhancement and protection fund assistance, property. of equal value at current market. prices and with similar open space benefits may be acquired with local. non- grant funds to replace it. Such repla~ment' must be approved by the appropriate review and selection committee and the director. In the case of diversion of personal property., the grantee shall remit to the deparm~ent funds in the amount of the original purchase price of the property. The grantee shall have a period of two years after notification by the deoartment in which to correct the unlawful use of funds. The remedies provided in this subrule are in addition to others provided by law. 33.17(2) Land disposal W'henever the department, and, ira city or county, the grantee, determine that land acquired or developed with resource enhancement and protection fund assistance is no longer of value for the program purposes, or that the _mantee can show good cause why the land should no longer be used in accord with the approved proj~-~'t purpose; the land may be disposed of with the direc- tot's approval and the proceeds therefrom used to acquire or develop an area of equal value, or all grant funds shall be returned to the state for inclusion in the account from which the grant .was originally made. If land acquired through the private grant program is determined to be no longer of interest by the state, the proposed dispersal of the property. shall be reviewed by the _mantee, and the grantee shall have the first right of refusal on an option to take title to the property in question. 33.17(3) ineligibility. Whenever the director determines that a grantee is in violation of this rule, that g'rantee shall be ineligible for further assistance until the matter has been resolved to the satisfac- tion of the commission. 571--33.18(455A) Rescinded LAB 6/4/97, effective 7/9/97. 571--33.19(455A) Property tax reimbursement. Political subdivisions of the state shall be reim- bursed for property tax dollars lost to open spa~ acquisitions made under the private cost-sharing pro- gram specified in part 4 of these rules based on the reimbur~ment formula provided for in Iowa Code section 465A.4. ' .... 571--33.20(455A). Public heating. An y project in excess of $2 million must be the subject of a public hearing in the area of the sate affected by the project before funds can be obligated to the project. 571--33.21(455A) Conflict of interesL ~ a project is submitted to a review and selection commArtee by a city, conservation board or private conservation interests, one of whose members or employe~ is on the review and selection committee, that individual shall not participate in discussion on and shall not vote on that particular project. [AC 1,n_4/90, 6/4/97 Natural Resourc~ Cornmission[57t] Ch 33, p.5 571--33.22 to 33.29 Reserved. Part 2 COUh'E'Y GP, A~NTS 571--33.30(455A) Count7 conservation accounL Alb'ftmds allocated to counties.under this pro- __o-n_m may be used for land easements or acquisitions, capital improvements, stabilization and protec- tion of resources, repair. and upgrading of facilides, environmental education, and equipment; except ~ restricted by 33.4(455A). 33.30(1) Allocation o/funds. The first 5350,000 in the resource enhancement and protection fund [s allocated annually to the conservation education board and 1 percent of the revenues to the fund are allocated to the administration fund. Twenty percent of funds remaining after that allocation shall be allocated to the county, conservation account. That 20 percent shall be distributed to courtdes as fol- lows: Thirty percent equally to each county b. Thirty. percent based on county population c. Forty percent on a competitive grant basis In determining the amount to be allocated to each county based on population, the deparnment will use the most current census data available from the department of economic development. 3330(2) L'Tvenditure 8~tidelines..All ex~nditures shall be in accord with the policy' stated in 33 .2(455A) and subject to the restrictions stated in 33.4(455A). Expenditure of funds for personnel costs from 33.30(1)"a" and "b" is allowable, but only when personnel are clearly directed toward the puC~:~se and policy of the resource enhancement and protection program. No personnel costs are al- lowable under 33.30(1)'c" grant program. Up to 20 percent of a total project's cost under 33.30(1) "c" may be used to cover costs of engineer- ing and design work or other consultant fees directly associated with the project. 33.30(3) Projectplanning and review cormnitree. The makeup of this committee is as follows: two reoresentatives of the department appointed by the director; two county conservation board directors appointed by the director of the department with input from the Iowa Associati6n of County. Conserva- t/on Boards; one member selected every three years by a majority vote of the direcmr's appointees. The members shall select a chairperson at the first meeting during each calendar year. Terms of ap- ~:fintment to the committee shall be on a three-year staggered term basis. Ch 33, p.6 Natural Resour~ Commission[571] - NC 5/26t'93.6/4/97 33.30(4) Project selection criteria. Under the competitive Fantit program, a project planning and review committee shall establish criteria and scoring systems to be utilized in project evaluation. Cri- teria and scoring systems must be distributed to all counties at least 90 days prior to project application deadline. Criteria wilt be reviewed at least annually to determine if amendments are needed. Criteria and weight factor(s) shall include. but are not limited to, the following: a. Public demand or need (2) b. Project uniqueness (2) c. Quality of site or project, or both (3) d-. Urgency of proposed action (2) e. Multiple benefits to be provided (2) (this includes multiple recreational benefits, environmental quality benefits, and or,her similar benefits) f.. Relationship to Iowa open spaces plan or Iowa statewide comprehensive outdoor recreation plan (3) ,, Conformance with local. redohal and state plans (1) Oo . ~ Economic benefits to local, regional or state area (1) Geographic distribution (3.) 33.30(~ Avaitabili~ offunds. Those funds ~ocated on a per capita basis and those awardeci in the competitive grant program shall be allocated only tO counties dedicating property tax revenue at least equal to 22e per $3.000 of the assessed value of the county's taxable property to conservation purposes. A.nnual certification from the county auditor of each county shall be made on forms provided bv the department. The certification shall include information on total assessed value of taxable property in the county; budget of the county conservation board, including a distinction of that which is derived from sources other than property taxes; a schedule of expenditures and staffing. A copy of this certifi- cation must be flied with the director. Resour~ enhancement and protection program funds received shall not reduce or replace county tax revenues zppropfiated for county conservation purposes. a. The term "county conservation pu.rposes" includes and is limited to the following a~vifies anti responsibilities: (3.) Operation and maintenance of real pro~rt'y~ and equipment under the jurisdiction and control of me county conservation board, and ufitized by the public for museums, parks, preserves, parkways, playgrounds, recreational centers, county fore.sts, county wildlife areas, establishment and mainte- nance of natural parks, multipurpose trails~ rest room facilities, shelter houses and picnic facilities and other county conservation and recreational pu.r'poses as provided in Iowa Code sect:ion 350.4. (2) The acquisition and development of real estate utilized for purposes authorized by Iowa Code chapter 350. The cost of planning, engineenng or architectural services directly related to acquisition and development is allowable as a-county conservation purpose. (3) The county conservation board's share of joint operations of facilities and programs as de- scribed in Iowa Code section 350.7. The cost of the county's weed control program, as required by Iowa Code chapter 317, may specifically be included as a county conservation purpose if the county conservation board director or a member of the county conservation board staff is appointed county weed commissioner by the board of supervisors., and is given full authority to pian and accomplish an environmentally sound vegetative management program. LAC 6/4/97 Natural Re.source Commission[571] Ch 33, p.7 (4) The administration of the county conservation program including and Limited to the expenses of board members, salary and expenses of the county conservation board director, and related clerical, technical and support costs charged directly to the county conservation board's budget. (5) Any reimbursement from t,%e county conservation board's budget for the actual expense of county-owned equipment, use of county equipment operators, supplies, and materials oE the county., or the reasonable value of county real estate made available for the use of 'dae county conser~,'adon board ~ provided by Iowa Code section 350.7. Such reimburs~:'t;n'i:nts shall be supported by daily dine and activity records detailing the hourly charge for equipment and operator use, the specific quantifies and cost of materials used, or a fee appraisal prepared by an independent fee appraiser and approved by the director. (6) No other costs, incl udi n g indirect costs as computed for purposes of federal ~an t programs or distribution of general county overhead, are allowable as a county conservation pu,r!:~se. b. Reserved. 3330(6) Certification procedures. The annual certification that a county is dedicating property tax revenue at least equal to 22¢ per $1000 of the assessed value of the county's taxable property to con-_ servation purpose,s shall be submitted by the county auditor to the department on forms provided by the deoartment. Certification is based upon actual expenditures for conservation purposes during the pre- vious fiscal year. Submission ofa certificadon by October 1 of any year will qualify the county for per capita funds reid in reserve for that county and establish eligibility for participation in the competitive g'r~,nt program. The certification will remain in effect through June 30 of the following year.. Counties that fail to meet this requirement for any ~ven fiscal year are ineligible for that fiscal year. 'A county that is ineligible can reestablish eligibility for a future fiscal year through the certification process. The levy o~T property taxes for county conservation board purposes shall be calculated in the follow- ing manner. First, the actual expenditures for all county conservation purposes for the fiscal year shall be determined. Next, the total of all receipts derived from county conservation activide-s and all grants and donations received or billed for from whatever source. for county conservation purpose,s shall be determined. The total of all receipts and ~rants shall then be subtracted from the total expenditures. This result shall then be divided by the total taxable value of all county property to determine the amount per thousand utilized to support county conservation purposes. Transfers of property tax receipts to the re,serve account established under Iowa Code se.cdon 350.6 shall be i ncl uded as expenditures in the ~sc..al year that transfers occur for purposes of the ca/culadon of the certified levy. Withdrawals from the re.serve account and expenditures and receipts reflected in the soecial resource enhancement account created as provided in Iowa Code section 455A. 19 shall not be included in the calculation of the certified levy. If a dispute arises over the appropriateness of a county expenditure as a county conservation pur- !:>ose or the accuracy and correcmess of the :rdfied levy by the county auditor, the director shall notify the state auditor and request that a recommendation be included in the next audit report. Upon receipt of the audit report, the director shall make a final determination and adjust subsequent distributions to the county or request reimbursement from the county as necessary. 33.30(7) Fund distribution schedule. Funds from the county resource account whictx ~ distr}b- uted on a per capita and per county basis shall be distributed by the department to each eligible county quarterly. Ch 33, p.8 Natural Resource Commission[571] LAC 6/4,97 3330(8) Special account. Each county board of supervisors shall create a special resour~ en- hance, merit account in the office of the county h'easu rer and the county treasurer shall credit all resource enhancement and protection funds from the state to that account ~ funds received by the county shall not be used to fund any program or activi.n, that was funded in prior years by other county revenues. Expansion of previously funded programs is per- mined. Each county board director, as pan of financial documentation regarding the special r-,~source enhancement and reserve account.s, shall document that county expenditures of REAp funds supported only programs and activities not funded in prior years by County revenues other than REAP funds- For purposes of this documentation, expenditures from the special resource. enhancement account for land ac~,uisition shall be viewed as a new progrim and not a conrinuafion of previous land acquisition pro- grams. Expenditures from the special resource enhancement account for routine maintenance of facil- ities must involve only facilities previously consu'ucted or otherwise acquired ,,vith REAP funds. ~ funds may be used for renovation. expansion or upgrading of facilities regardless of the source of funding for the ori~nal radii ties, except as prohibited by role 33.4(455A). Likewise, expenditures from the special resource enhancement account for equipment, supplies, materials, or staff salaries must directly relate to the establishment or expansion of programs or activities with REAP funds, and such programs or activities shall not have been previously funded with other county, revenues. Failure to adequately document expenditures from the special resource enhancement account or to provide the documentation as previously described regarding these expenditures upon reques~ by the state auditor or department staff will result in eie county losing its elig/bility to receive per capita and competitive grants from the REAP program for a period of one to three years. Acounty which loses its eli~bility may reestablish its eligibility by cermfying that the county tax dollars dedicated to county conservation purposes during the previous fiscal year were at least 22¢ per'S1000 of assessed taxable pro.Deny. 3330(9) Grant application schedule. Res.'-inded LAB 12/9_6/90, effective 1/30/91. 571--3331 to 3339 Reserved. Part3 571--33.40(455A) Competitive grants to cities. Fifteen percent of available ~nds in the resource enhancement and protection fund (after the 5350,000 annual allocation to the conservation education board and 1 percent of revenues to the fund are allocated to the administration fund) shall be allocated annually to the city park and open s. pa.ces grant account. That 15 percent shall be divided into tb. ree portions according to the percent of the state 's urban population in each category, with each portion available on a competitive basis to ciries falling within one of the following thre~ ~ categories: Citie~ of less than 2,000 Cities betw~n 2,000 and 25,000 Cities larger than 25,000 Funds shall be initially apportioned to each category as per this rule. If at the time of project review and scoring there are funds available in any category ~vhich exceed the requests for grants in that category, those funds may, at the director's discretion, be transferred to another category where requests exceed the funds available. b.~C 6/4/97 Natural Risource Commission[571] Ch 33, p.9 33.40(1) Eligible projects. Grants for up to 100 percent of project costs made to cities may be used for the acquisition, establishment and maintenance of natural parks, preserves and o~n spaces. Grants may include expenditures for multipurpose trails, rest room facilities, shelter houses and pic- nic facilities, museums, parks, presen'es, park'ways, city forests, city wildlife area.s as well as other oben space-oriented acquisition and development projects, subject to the restrictions in rule 33.4(455A). ' ' " 33.40(2) Eligible sponsors..My incorporated city or tOqm in the sate may make application for a ~_q"ant. 33.40(3) Grant ceilings. lmcor'p~rated dries and towns are eligible to receive annual grants from the resource enhancement and protection fund in ac. zordance with the following schedule: Population Maximum 0-1,000 $ 50,000 1,001- 5,000 75,000 5,001 -- 10,000 1130,000 10,001 -- 25,000 125,0(X) 25,001 -- 50,000 150,000 50,001 -- 75,000 200,000 over 75,000 300,000 The grant ceiling may be waived upen approval by the director if(I) the project is regional in nature or is projected to serve a minimum o/' 100,000 people; or (2) the project cannot be staged over a muir- year period so that a separate grant application might be submitted each year. 33.40(4) Review and selection committee. The direaor shall appoint a five-member review and selection committee to evaluate project applications. This committee shall include one member repre- senting each of the three size classes of cities (e.g., one from a city of less than 2,000, one from a city of 2,000 to 25,000, and one from a city of over 2.5,000). The director shall request a list of candidates from the league of Iowa cities and Iowa parB and recreation association. The remaining two members of the committee shall be a representative of the department and an at-large member. The committee shall elect its own chairperson from its members. Members shall serve three-year staggered terms. 33.40(~ Criteria for groject evaluation. Criteria and weight factors to be used in scoring projects shall include, but are not limited to, the following: 1. Quality of site or project, or both (3) 2. Direct recreation benefits (2) 3. Local need (2) 4. Number of people benfilled (2) 5. Relationship to state mad local plans 6. Relationship to Iowa open space protecaioo program (3) 7. Environmental benefits (2) Up to 2 bonus and 3 penalty points may also be assigned based on prior grants, the size and number of grants already underway or approved within the applicaat's community, or pefforman~ on past 33.40(6) Gram aplMi~rion schedule. Rescinded lAB 12/26/90, e~ective 1j30/91. Ch 33, p:lO Natural Resource Commissio'n(571 ] tAC 6/24/92, 6/4197' 571--33.41 to 33.49 Reserved. Pan 4 PRIVATE GRANTS 571--33.50(455A) Private cost-sharing program. At least 10 percent of the funds placed in the open spaces account shall be made available for cost sharing with private entities for cost sharing at a maximum ievel of 75 percent. 33.50(1) Protection defined. Protection is defined as the purchase of all or a portion of the rights associated with ownership of real property so as to ensure that open space values associated with that property are protected in perpetuity. Protection methods, in order of preference include, but are not limited to, fee title acquisition, purchase of easements, or other mechanisms that provide iong-term assurance of open space protection. Title for ac~auired properties shall be vested in the state of Iowa. 33.50(2) Eligibility to participate. Arty trust, foundation, incorporated conservation organization, private individual, corporation or other nongovernmental group able to provide funds or interest in land sufficient to equal at least ~ percent of a proposed protection project may submit or cause to have submitted a project for funding consideration. Except however, a private organization established to benefit a specific governmental entity is not eligible to submit a project. Governmental entities are aiso not eligible to submit a project. 33.50(3) Grant arnount. The department will provide grants for up to 75 percent of the appraised cost of the land plus incidental acquisition costs. Costs in excess of these must be borne by the grantee. 33.50(4) Project review and selection committee. The director shall appoint a commi tree to review and score projects. The committee shall include the following: three persons representing the private sector seiected from a pool of potential names as submitted by the various private eligible groups; ad- ministrator of the forests and forestry division of the department; administrator of the parks, recreation and preserves division of the department; and the administrator of the fish and wild[ire division of the department. The committee shall elect its own chairperson from its members. The director shall re- quest a list of candidates for the private sector members from groups eligible to participate in this pro- gram. The committee will report to the director the order in which proposed projects were ranked using criteria as specified in 33.50(5). 33.50(5) Criteria. The following criteria and their respective weights as defined and described in the 1.988 Iowa open spaces protection plan shall be used by the committee, along with other criteria which are determined by the committee to be relevant. !. Level of significance (3) 2. Resource representation (3.).,.. 3. Level of threat (3) ' 4. Relationship to existing public land (3) '2- bkC 6~4/97 Natural Resource Commission [571 ] Ch 33, p.ii 5. Rare or unique species or communities (2) 6. Public benefits (?.7.) 7. Tourism and economic development potential (1) 8. Geographic distribution (1) 9. Multiple use potential (1) 10..Available funds relative to project costs (1) 33.50(6) Department rejection of applications. The director may remove from consideration by the project review and selection committee any application for funding the acquisition of property that the department determines is not in the staro's best interest for the det~artment to manage. The det~art- ment's basis t~or determining such interest may include, Out not be limited to, inaccessibility to the proj- ect area, environmental contamination and unacceptable use restrictions, management cost, and the proximity to other governmental entities which may impose use restrictions or special tax '-_ssessments on the area. Examples of use restrictions can include prohibitions on hunting, trapping, timber harvest, vegetation management, and easements which affect the range o15 public use and activities which could otherwise be allowed. ' ' 33.50(7) Certification ofavaiiabiti.cy o[[unds. Applicants must certify at the time of application that sufficient funds, land, letter of credit, or other acceptable financial instrument is available from private sources to cover the private share of the project. 33.50(8) Project submission. Rescinded LAB 12~6/90, effective 1./30/9l. 33.50(9) Acquisition responsibilities and process. The ~antee is responsible for obtaining an ap- praisal that is approvable by the department and for obtaining the director's written approval or' that appraisal. The grantee is responsible for negotiating an option to purchase the property with the seller. If the option contains any requirements for action by the department or restrictions on the use of the land, those requirements or restrictions must be approved by the director and the commission before they are incorporated into the option. The grantee is responsible for closing the transac:ion, recording the transaction with the appropriate county recorder, and providing the department with a copy ol5 the deed naming the department as owner and a title vesting certificate. The commission may, under special conditions, allow title to ~ vested in ;he name of a city or county. Necessary assurances may include the placement o15 special conditions on ~.hat title, the existence orSart approved, tong-term management agreement brother measures asdeemed appropriate by the commission. The department may provide assistance at the request of the grantee, or at the director'5 recommendation. These rules are intended to implement Iowa Code chapter 455A. [Filed emergency 11/7/89, after Notice 9/6/89---published 11/29/89, effective !L,'7/89] [Filed 1/5/90, Notice 1.1/29/89--published 1/24/90, effective .3/1/90] [Filed 1.2/7/90, Notice 10/31./90 .published 1~J"2_6/90, effective 1/30/91.] [Filed 7/19/91, Notice 5/29/91--published 8/7/91, effective 9/11/911 [Filed 6/5/92, Notice 4~g/92--published 6/2_4/92, effective 8/12/92] [Filed 5"7/93, Notice 3/31/93---published 5/26/93, effective 6/30/93] [Filed 3/11/94, Notice 10~7/9..2---published 3/30/94, effective 5/4/94] [Filed 5/15/97, Notice 3/l~97--published 6/4/97, effective 7/9/97] FORMAL APPRAISAL GUIDELINES SPECIFICATIONS AND INSTRUCTIONS FOR PREPARATION OF APPRAISAL FORMAT The report shall be bound in a book-fashion, the le~ margin, in a durable cover with a typewritten or printed label on the face thereof, identifying the appraised property, the project number and name of the Local Authority. The paper used shall be good grade bond (the heavier, the better in order to withstand repeated usage), of a size 81/2" X 11 ". All pages shall be numbered consecutively from the beginning of the report to the end, including maps, plans, photographs and exhibits, and each important heading and subheading shall be shown in the Table of Contents. OUTLINE a. In order to facilitate professional review, easy reading, proper grouping and uniformity, the text shall be divided into three parts: Part I, Part II and Part III. The report shall contain brief tabulations (schedules) of computative, comparable and/or supporting data with brief explanations thereof, with references to fuller records or more extensive computations of discussion which are included in Part III. b. The outline, Instructions and Descriptions of Contents below specifies the general pattem for Appraisal Reports using accepted appraisal principles and practices, and represents as minimum the essentials which should be included. Any other data, information, approaches, etc., among other things which may be considered necessary or essential, should be included in the report. This outline may vary, dependent upon the type of property under appraisal and/or different parcels involved. Additional data may be recited with respect to the property or properties involved, as considered necessary, in an appropriate place within this outline. Any items omitted as being not applicable (such as information or valuation of improvements on vacant land) should be shown in the report with the statement "Not Applicable", and the justification or reason for its omission. INSTRUCTIONS AND DESCRIPTION OF CONTENTS NOTE: UNLESS OTHERVVISE INSTRUCTED, APPRAISER TO PROVIDE ORIGINAL PLUS ONE COPY OF THE REPORT PART I - INTRODUCTION 1. Title Page This shall include: a. Project Number(VVhere Applicable) b. Location of Subject Property c. Date of the Report d. For Whom Prepared e. Name of Appraiser 2. Letter of Transmittal page 2 The purpose of this is to transmit the report. It shall be addressed to the individual or Local Authority who requested the services, and should contain: a. Location of Property Appraised b. Statement of Interest being appraised and purpose of the appraisal. c. Statement that a valuation investigation and analysis was made, giving the name of the individuals making such investigation and the dates thereof. d. Total Valuation Estimate. e. Date as of which the valuation estimate applies. f. Signature of Appraiser(Seal if applicable) 3. Table of Contents This shall be arranged in accordance with the topical headings and subheadings with corresponding page numbers. 4. Photograph of the Area A large size aerial photograph 81/2" X 11" of the location with the specific property outlined thereon. 5. Statement of Limiting Conditions This shall include statements as to the following contingent and limiting conditions: a. That the Title is marketable(There can be no "market value" property that is not marketable). b. That no responsibility is answered by the Appraiser for legal matters, especially those affecting Title to the property (This may be qualified if legal advice has been obtained and included in the report concerning certain matters). c. That the Legal Description furnished him is correct. d. That certain opinions, estimates or other data furnished him by others(and properly identified) are correct. e. Any other limiting conditions or assumptions(completely spelled out). 6. Summary This summary of important conclusions is, in fact, a resume of the essential highlights of the report and its purpose is to offer an immediate and convenient reference, in bdef, which shall include the following: a. Parcel Number (where applicable) b. Owner's name or Local Representative, phone number and address c. Highest and Best Use. d. Type of Property (1) Weighted CSR e. Present Zoning f. Type of Improvements (if vacant, so indicate) g. Parcel Area (in acres) h. Breakdown of Valuation of the Parcel (1) Land (2) Indicated value per acre (3) Improvements (4) Severance or other damages if applicable (5) Total Value page 3 The above may be in tabulation or chart form on folding sheets, if necessary. 7. References List sources of data incorporated in the report; that is, records, documents, persons consulted and technical specialists utilized. PART II ~ ANALYSIS AND CONCLUSIONS This section comprises the analysis, valuation estimates and conclusions of the Appraiser. 8. Purpose of the Appraisal This section describes the concise statement of the problem. This sets the limits of the appraisal, eliminates any ambiguity about the nature of the assignment, and identifies the: 1. Real estate to be appraised 2. Property rights involved 3. Date of the value estimate 4. Use of the appraisal 5. Definition of Market Value 6. Other limiting conditions 9. Real Estate Market Conditions Market activity and level of the current real estate market conditions including supply and demand factors affecting the area as well as specific type of property and future indicated trends shall be discussed in detail and the extent to which they affect the value of the property being appraised. 10. Contamination Statement A contamination statement to include wells, solid waste and/or hazardous waste, waste disposal and underground storage tanks, in the area, that may have direct or indirect affect on the Subject Property. The Level I Survey, a Contaminant Survey Checklist of Proposed Real Estate Acquisitions, must be included in all appraisals. 11. Legal Description and copy of Deed and/or Contract of last conveyance of the Subject Property. 12. Subject Property Data A narrative description of the land, all improvements and other factors shall be included. a. Ownership - Name, address and phone numbers of owners of record. b. Area - This item shall incldde the shape, dimensions and land area in acreage as well as comparative effects of size or shape from a market value standpoint. A plot plan, indicating the location of utilities and easements, shall be included. c. Size - Under this item, a narrative discussion should include type of soil and soil bearing capacity, topography, grading or fill requirements, drainage, easements, fights-of-way, canals, streams, and any other characteristics which affect the parcel's value should be included. d. Improvements - Describe each structure and each utility or outside improvement, structural and page 4 construction details, number and type of units, ag and size of buildings, condition along with discussion of function in utility and analysis of layout. A plat of the building should be included. e. Assessed Value and Annual Tax Load - Include the current assessment of land and improvements separately and dollar amount of real estate taxes and tax rate. In this discussion, the Appraiser should reflect his opinion as to the effect of the Appraiser should reflect his opinion as to the effect of this tax burden upon the marketability of the property. Special assessments should be separately set out and discussed. The Appraiser should determine if the site area or any portion thereof is subject to special assessments. The nature of same and the total amount yet due each parcel should be so indicated. Inasmuch as special assessments are paid in full by the seller at the time of closing, the valuation of parcels involved with assessments should be made though the properties were free and clear of all assessments and the Appraiser should so indicate in his report. The Appraiser is therefore cautioned that comparable sales used should be carefully analyzed for such assessments and adjusted accordingly on a comparative basis with the Subject Property. f. Zoning - Indicate the existing zoning for the Subject Property or Properties including a definition and the restrictions of such zoning, including height limitations, parking requirements, etc. It should also be indicated if property is presently operating at a vadance to the existing zoning. The Appraiser should discuss the effects of such zoning related to the highest and best use upon the marketability of the property being appraised and whether or not any prospective change in zoning is indicated or probable. g. Property History - A ten year history of conveyance of the Subject Property shall be included. The date acquired by the present owner, price paid and whether such was considered a "Market Sale" at the time of acquisition. Where the Appraiser presents an estimate substantially at variance with the pdce paid by the present owner, the reason and justification for paid by the present owner, the reason and justification for such difference should be fully discussed and the adjustments which were made to bring this previous sale up to present date. The attitude of the owner towards sale of the property as well as the possibility or probability of condemnation shall also be included herein. h. Color Photographs of Property or Parcel - A color photograph or photographs of different views at least 3" X 5" in size shall be included for each parcel at the beginning of the parcel valuation of each parcel. In addition, an aerial photo of the parcel should be included here. NOTE: ORIGINAL PHOTOGRAPHS ARE REQUIRED ON ALL APPRAISALS, INCLUDING COPIES. i. Weighted CSR - This is requested for informational purposes only. j. Governmental Programs, Conservation Reserve Program (CRP), Wetland Reserve Program (WRP) Emergency Wetland Reserve Program (ERWP), which may have an affect on the Subject Property. 13. Analysis of Highest and Best Use This section should contain narrative discussion of the Appraiser's conclusions concerning the highest and best use and reasons therefore. If the property is presently developed to its highest and best use, it should be so stated and, if not, the highest and best use, it should be so stated and, if not, the Appraiser should indicate his opinion as to what the use should be and for which there is a market, along with his justifications and reasoning. This should also be related to the existing and/or prospective zoning of the property. The comparable sales should be of the same highest and best use as the Subject Property. 14. Value Estimate by Comparative (Market) Approach This shall recite the Appraiser's opinion of the property's value as substantiated by records of sales and offerings of comparable properties. All comparable recent sales should be listed and reflected in this valuation. Differences shall be weighed for time, size, terms and/or motivation, location, physical characteristics, improvements, highest and best use, and such factors as may be pertinent shall be clearly stated and explained in relation to its comparability and reflection of the value of Subject Property. Where there are no directly comparable or recent sales of properties, it may be page 5 necessary to utilize older sales, less comparable properties or go farther afield to secure an adequate number of sales to justify value and thus more extensive adjustments are necessary. A statement that there are no recent comparable sales in the area will not be acceptable. Sales that are not acceptable, are Sales to a condemning authority (USA, State, County, City, etc.). The Sales Comparison Analysis Sheet or Market Data Grid is required. 15. Value Estimate by Income Approach This shall include adequate factual data to support each figure and factor used and shall be arranged in detailed form to show at least (a) estimated gross rent or income; (b) an itemized estimate of total expenses including reserves for replacements. Capitalization of net income shall be at the rate prevailing for this type of property and location. The capitalization technique method and rate used shall be explained in narrative form supported by a statement of sources or rates and factors. 16. Value Estimate by the Cost Approach This section shall be in the form of computational data, arranged in sequence, beginning with the reproduction or replacement cost, and shall state the source (book and page if a national service) of all figures used. The dollar amounts of physical deterioration and functional and economic obsolescence, or the omission of same, shall be explained in narrative form. This procedure may be omitted on improvements, both real and personal, for which only a salvage or scrap value is estimated. 17. Partial Acquisitions - Federal Before and After Method. The Federal Rule requires only two appraisals, the before and after market values pertaining to the larger parcel and the remainder, however, the Appraiser is requested to give separate estimates for the property taken and the effect of the taking on the remaining property. It is also requested that the Appraiser provide a contribution value of the various components that make up the whole property which may occur in different proportions in the remainder and that part being acquired. 18. Severance Damage In the case of partial takings, as discussed above, severance damage must be fully described and discussed. If it is the Appraiser's opinion that there is none, it should be so stated with the reasons therefore. The method of estimation and the valuation therefore must be fully discussed and supported by justifiable evidence or persuasive argument. 19. Correlation and Interpretation of Estimates Under this item, the Appraiser shall include a narrative discussion wherein he has interpreted all the foregoing valuation estimates as well as all other pertinent factors affecting value, with his reasons why one or more of the conclusions of value reached is most indicative of the market value of the property. The scope of this final correlation is dependent upon the purpose of the appraisal and the complexity of the appraisal problem as well as the adequacy or inadequacy of pertinent data as well as the processing procedures and reasonableness thereof, which have been carried out_ This will be thoroughly discussed in order that his reasoning and conclusions are beyond question. The unit basis of value for land (acre) and for buildings should be included for the convenience of the reviewer in relating the value of the Subject land and improvements to historical transactions. 20. Certification of Appraiser page 6 If the Appraiser so desires, this certification may be included in the letter of transmittal; however, as a minimum, it shall include the following statements: a. That the Appraiser has no undisclosed interest in the property, or contemplated. b. That the Appraiser's employment and his compensation are not contingent upon the valuation found. c. That he has personally and thoroughly inspected the property. d. That according to the best of his knowledge, everything contained in the report is true and that no important facts have been witheld or overlooked. e. That the appraisal has been made in accordance with the standards of practice or code of ethics of the professional group or association in which he may hold membership. f. That the values required of the described property are a certain number of dollars as of a certain date. g. Signature of the Appraiser. Part III - Addenda Under this section shall be included all exhibits, charts, plans, graphs, maps, photographs, reports, documents, specifications, detailed estimates, etc., which may be referred to in this report or are used to further substantiate his findings or are considered pertinent thereto. All exhibits must be presented in a neat attractive and convenient manner. All charts, maps, graphs, etc., must be prepared in a professional and workmanlike manner. 21. Vicinag~ Map An adequate sized area map, the scale of which will readily identify the site location and other important facilities, as required or necessary. The site area should be shown in red and so indicated in the map legend. 22. Comparative Data Map The site area should be shown in red and all sales numbered and shown in yellow. The Subject Property and sales must be shown on the same map to indicate the relationship of location. 23. Detail of Comparative Data A sales analysis sheet shall be included for each sale and will include, among other things that may be necessary, the following: a. Photograph of the property - aedal and ground level. b. Grantor c. Grantee d. Date of Sale e. Recording Data f. Type of Transfer g, Amount of Internal Revenue Stamps h. Source of Information i, ved~ed Sales Price h. Source of Information j. By Whom Verified(a competent party) k. Breakdown of Sales Pdce (1) Amount to land (2) Amount to Improvements page 7 I. Terms of Sale m. Improvements at Time of Sale n. Highest and Best Use Zoning p. Description - Location of Property q. Assessment Data r. Remarks - Including Comparison Adjustments s. Weighted CSR t. Row Crop Capitalization Rate 24. Summary of Sales Comparative Analysis Sheet/Market Data Gdd 25. Land Owner Contact Statement This statement shall indicate that the land owner/representative was given the opportunity to accompany the Appraiser and gave him/her permission to view the Subject Property. 26. Qualifications of the Appraiser 27. Soil Conservation Practice Refund The County Soil Conservation Distdct should be contacted to see if the Subject Property is affected by any cost-share refund agreement relating to the installation of soil conservation practices. 28. Other Pertinent Exhibits - Charts, graphs, historical income and expense data, detailed estimates, abstracts of leases, etc. 29. Special Reports - Prepared by Technical Specialists hired by the Appraiser in connection with the appraisal. GENERAL REVIEW OF REPORTS - It should be understood by the Appraiser that the appraisal reports are subject to careful, professional review by the federal cost sharing agency. Therefore, they must be fully detailed, narrative reports with all items and factors clearly set forth, and fully substantiated and justified in every respect and is such a manner that there will be no doubt in the Reviewers mind as to his conclusions. All deficiencies or in the Reviewers mind as to his conclusions. All deficiencies or items which, in the Reviewers opinion, require further substantiation or justification must be performed by the Appraiser in the form of a supplemental report at the Appraisers own expense in accordance with the Appraisal Contract. FORMAT REQUIREMENTS FOR ESTIMATES ABOVE $25,000 AREA COUNTY APPRAISER LAND OWNER ACREAGE APPRAISED DATE PER ACRE {INTRODUCTION} -Title Page -Letter of Transmittal -Table of Contents -Photo of Subject -Statement of Limiting Conditions -Summary -References {ANALYSIS AND CONCLUSIONS} -Purpose of the Appraisal -Definition of Market Value -Real Estate Market Conditions -Contaminate Statement -Subject Legal Description -Copy of Deed/Contract of last conveyance of Subject -Property Data - Owner Name - Address & Phone Number -Area -Size -Improvements(Contributory & Salvage Values) -Assessed Value & Annual Taxes -Zoning -Subject 10 year History of Conveyances -Ground Level Color Photographs -Weighted CSR -Plot Plan indicating location Utilities/Easements -Analysis of Highest and Best Use {ESTIMATE OF VALUE} -Sales Comparison Approach -Income Approach -Cost Approach -Partial Acquistion-Federal Before & After Method -Severance Damages -Correlation and Interpretation of Estimates -Certification -Vicinage Map-overall and local location of Subject -Detail of Comparative Data -Map showing relation of Comparable Sales and Subject -Summary of Sales Comparative Analysis/Market Data Gdd -Land Owner Contact Statement-Indicating that Land Owner/ Representative was given the opportunity to accompany the Appraiser and gave the Appraiser permission to view Subject -Qualifications of Appraiser FORMAT REQUIREMENTS FOR APPRAISAL ESTIMATES BETWEEN $5,000 AND $25,000 AREA: APPRAISER: LAND OWNER: ACREAGE: DATE: COUNTY: APPRAISED: PER ACRE: 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25, 26. 27. Title page Letter of transmittal Table of contents Aerial phot6 of Subject Summary ANALYSIS AND CONCLUSIONS Contaminate Survey (Level 1) Subject Legal Description Copy of last Instrument of conveyance of Subject Property Data - owner name, address & phone number Improvements (contributory & salvage value) Assessed Value and Annual Taxes Zoning Subject ten year history of conveyance Subject ground level color photographs Weighted CSR (Where Applicable) Analysis of highest and best use ESTIMATE OF VALUE Sales Comparison Approach Income Approach (where applicable) Cost Approach (where applicable) Correlation and Interpretation of Estimates Certification Vicinage Map Detail of Comparative Data Comparable Sales location map Market Data Grid Land Owner Contact Statement Qualifications of Appraiser LETTER OF VALUE Where a parcel has of value of less than $5,000 and the expense of an Appraisal would be disproportionate to its benefit, a written finding of value by a qualified appraiser would be acceptable, as long as the report meets the following requirements: Review Date: Valuation Date: Project: County Appraiser. Owner: Appraised: Acreage: Per Acre 5. 6. 7. Based on the Appraiser's knowledge of land values. Description of factors considered and the means by which a conclusion was reached. Land owner contact statement, offedng the land owner the opportunity to accompany the Appraiser in his/her inspection of the Subject, and that permission was given to do same. Name, address & phone number of land owner. Weighted CSR (Where Applicable) Contaminate Statement (Level I Survey). Appraiser Qualifications REAP Grant #: 99-R4-JB South Sycamore Regional Greenspace Project City of Iowa City Terry Trueblood 220 S. Gilbert Street Iowa City, IA 52240 GRANT AMOUNT: EXPENSED: REMAINING GRANT: 319-356-5110 200,000.00 0.00 200,000.00 VENDER CODE #: 1st Pymt: CV542 BUDGET Payment # FY 1 2 3 4 5 Expenses Through 48,273.00 AGREEMENT DATE: END DATE: 151,727.00 0.00 Acquisition Developmem 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ o.ooI 2oo,ooo.ooI Actual Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0o00 Total Paid 0.00 0.00 0.00 0.00 0.00 ~I'O'I'AL EXPENSES BALANCE 48,273.00 151,727.00 0.00 0.00 200,000~00 Acquisition Stunmary property acres 0.00 0.00 0.00 Totals 0.00 cost p~chasepr. appr. value ~F./survey 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ title opin. offer deed costshare Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa IA 52240 (319) (319) RESOLUTION NO. 99-201 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1,1999, THROUGH JUNE 30, 2001. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1999, through June 30, 2001, 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. m Agreement. Passed and approved this The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the ATTEST: CI~T-'CLERK ~' C ass~res~afscme.doc 15th day of June ,1999. -.- Ap Resolution No. 99-201 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: 0 ' Donnel 1 the Resolution be ABSENT: Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef AGREEMENT BETWEEN CITY OF IOWA CITY CITY OF IOWA CITY I owa Ci Public Library IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL-CIO JUlY 1, 1999 TO JUNE 30, 2001 TABLE OF CONTENTS PAGE ARTICLE 1 -- RECOGNITION .......................................................................................................................2 ARTICLE 2 -- MANAGEMENT RIGHTS ......................................................................................................2 ARTICLE 3 -- NO STRIKE - NO LOCKOUT ................................................................................................3 ARTICLE 4 -- BUI ,I J~.TIN BOARD ................................................................................................................3 ARTICLE 5 -- BUSINESS AGENTS ...............................................................................................................3 ARTICLE 6 -- DUES CHECK OFF .................................................................................................................3 ARTICLE 7 -- HOURS OF WORK .................................................................................................................4 ARTICLE 8 -- OVERTIME ..............................................................................................................................6 ARTICLE 9 -- HOLIDAYS ..............................................................................................................................9 ARTICLE 10 -- VACATIONS ....................................................................................................................... 11 ARTICLE 11 -- SICK LEAVE ....................................................................................................................... 11 ARTICLE 12 -- SPECIAL!,F-AVES ..............................................................................................................13 ARTICLE 13 - SENIORITY .........................................................................................................................16 ARTICLE 14- DISCIPLINE .........................................................................................................................19 ARTICLE 15 -- INSURANCE ........................................................................................................................19 ARTICLE 16 ~- SAFETY ...............................; ................................................................................................21 ARTICLE 17 -- PERSONNEL TRANSACTIONS .......................................................................................21 ARTICLE 18 -- CLOTHING AND EQUIPMENT ........................................................................................22 ARTICLE 19 -- RECOVERY AND REHABILITATION PROGRAM ....................................................... 22 ARTICLE 20 - GRIEVANCE PROCEDURE ..............................................................................................22 ARTICLE 21 - PAY PLAN ...........................................................................................................................25 ARTICLE 22 -- AUTHORIZF~D REPRF_~ENTATION, ENTIRE AGREEMENT, AND WAIVER ............................................................................26 ARTICLE 23 -- GENERAL CONDITIONS ..................................................................................................26 ARTICLE 24 -- DURATION OF AGREEMENT .........................................................................................27 ARTICLE 25 -- SAVINGS CLAUSE ............................................................................................................27 APPENDICES AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOt-INSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: ARTICLE 1 RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent-for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the fights, 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: * C, d, h, 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 and retain 'employees within the operation of the City government and to develop and maintain qualifications, 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 fight 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 exercise all powers and duties granted to it by law. ARTICLE 3 NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. 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 reasonable efforts 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. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICI~ 4 BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the. Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE 5 BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Personnel Administrator after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE 6 DUES CHECK OFF Section 1. The City agrees to deduct Union membership 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 certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notaxized. Authorization for check off must be received by the 15th of the month in order to be withheld from the furst check of the next month. Section 2. Dues will be deducted from the furst pay check of each calendar month and will 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 calendar 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 written 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 individuars default. ARTICLE 7 HOURS OF WORK Section I. Definitions. Temporary Employees - Those who regularly work less than twenty (20) hours per week, regardless of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes of bidding pursuant to Section 4B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. Full-Time: Part-Time: Those who regularly work forty (40) hours per week. Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hours-per-week increments. The City shall provide the Union a list of names of temporary, seasonal, and casual employees of the City, along with hire dates, termination dates (if applicable), and account number of these employees. The Union will request this information under this provision no more than three times annually. Section 2. Regular Work Week. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. Permanent Full-Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. Pennanent Full-Time - Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is def'med as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second-day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Temporary and Part-Time Employees. A, Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to pennanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section 1 of this Article. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary employees. Special program employees include those funded by work study and similar programs. Such employees shall be considered as temporary employees. However, special program employees will receive benefits only for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, pennanent employees, regardless of length of service, shall be given seniority preference over special program employees. The supervisor shall make a reasonable effort to notify bargaining unit employees of any known special needs or requirements of special program employees. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break with pay from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: Arrange to make up the work with the approval of the immediate supervisor. Charge the time missed to accrued holiday, vacation, compensatory time, or personal leave. Take leave without pay for the time missed. Section 9. Travel Time ~ Transit. In addition to hours specified on the mn sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE 8 OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exceptions: A) B) Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. Employees who work more than eight (8) hours on a given day due to flex time mutually agreed upon by the employee and their supervisor will receive overtime for the time worked in excess of their scheduled flex hours on that day. e.g., Employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday hashe may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. B, Section 2. Overtime Equalization. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being crexlited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: A rest period of one-half hour immediately following the work day, or One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand-By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: Employee Assigned to Stand-by Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call-In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, hashe cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Any City employee required to appear as a witness in Court for work-related matters or at a municipal infraction hearing for work-related matters outside their work schedule will be paid for such appearance pursuant to minimum call-in provisions above. The employer will not alter work schedules solely to avoid this payment. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full- time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time Sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time 0r overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of an initial six (6) minute segment, and an employee must work the entire segment to be credited with one-tenth (I/10) hour for overtime. After the first six (6) minutes, overtime will be recorded and credited on a minute-for-minute basis. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before 10:00 p.m. shall receive an additional twenty cents ($.20) per hour during the first year of this agreement (FY2000) and shall receive an additional twenty-five ($.25) per hour during the second year of this agreement (FY2001). Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an additional thirty-five ($.35) per hour during the furst year of this agreement (FY2000) and shall receive an additional forty cents ($.40) during the second year of this agreement (FY2001). ARTICLE 9 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 Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (furst Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro-rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. 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 (or the Library Director for library employees) 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 or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. 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 and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been eamed will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at I 1:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro-rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (11/2) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive twelve (12) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part- time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carded over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE 10 VACATIONS Section l. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service Days Per Pay Month 0-5 years 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years more than 20 years 1 11/4 11/2 13/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE 11 SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shah have the fight to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of rust permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then 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. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. humanrel~unit~s~afscm~J~cl$3at da: ] ] Section 2. Use of Sick Leave. a, A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Requirement of such doctor's statement will not be used merely for the purpose of harassment of any employee. 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. (2) Serious 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 member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. Section 3. Notification. 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. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave, or if no such accruals exist, 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. Section 4. Sick Leave Bank. Permanent 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 (1440 hours or 180 days) at the rate of one day per month. b, Employees who use Sick Bank days will repay the bank at the regular sick leave accmal 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. 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 after exhaustion of sick leave before employees may borrow time, amount of time before which days must 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 bargaining unit and will develop policies to protect against abuse by individuals. humanrcl~unlc~s~d'sc4nedcc183a$.doc 12 The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accmal will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the fight to do so. Section 6. 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 may be given if the employee presents evidence from his/her physician to 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. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE 12 SPECIAL LEAVES Section 1. On-the-Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accmals if required to attend the funeral of his/her spouse, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step-sister or step-brother, or domestic parmer (as recognized by City ordinance or City policy). An employee will be granted one (i) day per occurrence with no loss of compensation nor loss of accmal from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father-in- law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city-paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return 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 during 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 shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. 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. During a leave of absence without pay, the employee: 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 the case of temporary medical disability or as otherwise specified by this Agreement. Shall not earn sick, vacation, or other leave. 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, life and disability 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: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 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 or at the employee's option may be billed on a monthly basis. 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 Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work-day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purtx~se of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and when such court appearance arises from the performance of his/her duties, obligations, or activities as a City employee, and the City' shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote at a polling place in the City of Iowa City or the City of Coralville 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. Section 8. Pregnancy Leave. A pregnant permanent 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 requiting such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within 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 leave pursuant to this section shall return to work as soon as she is medically able, retaining all rights granted by the federal Family Medical Leave Act or other applicable law. Section 9. Union Business Leave. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any three (3) employees and not more than ten (10) days may be taken by any two (2) employees under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided hashe gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d, Employees on Union leaves shall only be entitled to accmal of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 6 1 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a, The potential benefit to the employee. The potential benefit to the employer. The work-relatedness of training program, conference, workshop, class, or convention that is attended. Who in the affected class of employees went most recently. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE 13 SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, o~ layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: humaarel'~tnions'dfscmc~loc183ag.~h: 16 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: ao Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. The City will attempt to accomplish reduction in force by attrition. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non-promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid-off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid- off employees shall be offered the job first where the City determines the hurnanrrl~al~ms~fscrn~l~clg3alcloc ] 7 laid-off employee has the abilities to adequately perform the job under normal supervision. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid-off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid-off employee may bump the least senior employee in a job outside their classification within their department and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid-off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall furst bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. Recall from Layoff. The names of permanent employees laid off shall be placed on a re- employment list for the jobs affected in the layoff. Such persons shall be eligible for re- employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. d, Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will furst be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which hashe voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) huma~rr-J~ammns~kl'scm~%loc183a~.doc l 8 months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may remm to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than the equivalent of a one step increase based on their pay prior to the transfer. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE 14 DISCIPLINE Section 1. Purpose. All paxties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities 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. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. 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: a, Oral reprimand or warning. Written 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 ftrst offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE 15 INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (prorated 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," Alliance, 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 other 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 altemative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 20. 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," Alliance. If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance 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 $8,834, the face value of the life insurance policy is $9,000. 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. A description of the provisions of the negotiated Delta Dental 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. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long-term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Long Term Disability Insurance. Effective July 2, 1983, the City will provide long-term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. The paxties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE 16 SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article 20 Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. Section 6. The employer will provide required protective clothing or protective devices, including up to $I00.00 annually for the purchase of safety shoes. Employees required to wear shoes with puncture resistant soles will receive such reimbursement up to $150 annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 7. The employer will provide up to $100.00 during each fiscal year for the purchase of prescription safety glasses, as needed, for those employees who are required to regularly wear safety glasses. The employer may specify the source and type of safety glasses for which reimbursement will be made. Replacement of safety glasses shall be subject to approval by the supervisor. ARTICLE 17 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. The employee's copy will be forwarded at the time it is placed in the file. 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. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Upon request, written warnings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such waming was given. Upon request, such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE 18 CLOTHING AND EOUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out-of-doors. (Police Department employees see Appendix G.) Section 2. Commercial Drivers License. The employer will reimburse non-probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restfiction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE 19 RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE 20 GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article 9, Section 1, excluding the personal leave day, for purposes of this section. Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance heating or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article 20. Section 4. Procedures. 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 steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B, Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. humanrcl'~wli~!ls'~fscme~loclgla~dc~c 23 The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Directoi' shall issue a decision in writing within seven (7) working days following the meeting. C, Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). 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 other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be fumished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, 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 witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the fight to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration heating shall be in accordance 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 fight 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 heating. 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. Section 5. Labor-Management Committee. The Labor-Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. be "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor- Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non-working hours of the labor members unless mutually agreed otherwise. The function of the Labor-Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: No topics will come before the Labor-Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem-solving and more effective communication 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. ARTICLE 21 PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on June 25, 1999, shall be adjusted upward by three percent (3%) effective June 26, 1999. The pay plan in effect on June 23, 2000, shall be adjusted upward by three percent (3%) effective June 24, 2000. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next two years, for example, are as follows: June 26, 1999 June 24, 2000 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (1-6). Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by Deeember 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $275.00 10 years 450.00 15 years 600.00 20 years 750.00 25 years 1,000.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre-Tax Advantage Program. The Employer will offer employees a program, consistent with IRS regulations, through which employees may elect to make pre-tax reductions in taxable wages which will be paid to an account from which dependent care and health/dental premiums and expenses not covered by insurance will be paid. Section 7. Time Cards and Time Sheets. For all City employees, the City shall provide the employee an opportunity to review their time card and time sheet at the same time. ARTICLE 22 AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE 23 GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor-Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management 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 24 DURATION OF AGREEMENT This agreement shall be in effect between July 1, 1999, and June 30, 2001. Furthermore, this contract shall continue from year to year subsequent to June 30, 2001, unless written notice to change or modify it is mailed or hand-delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE 25 SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforeeable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement 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 Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL Zy:MPLO ES, LOC~AL#18 ~ By' ATTEST: humanre~nicns~fk-~neMc~ I S3ag.doc 2 ~ AFSCME JOB TITLE LIST FY00 (JUNE 26, 1999) APPENDIX A - Page 1 Custodian MW I - Recreation MW I - Senior Center MW I - Transit Facility 2 Cashier- Parking Central Services Info Clerk Kennel Assistant MW I - Government Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk MW II - Parks MW II - Public Housing MW II - Ramp/Meter Repair MW II - Recreation MW II - Transit Senior Library Clerk Senior Police Records Clerk Animal Control Officer Buyer I - Equipment Community Service Officer Library Assistant I MW II - Senior Center MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Clerk/Typist - Treasury Cashier - Treasury Clerical Assist - Cable TV Clerk/Typist- Parks & Forestry Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II -Govemment Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Customer Service Rep - Parking Housing Program Assistant Library Assistant II MW II - Landfill MW II - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment Plant Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater 4 Account Clerk - Accounting Account Clerk - Transit Account Clerk'- Treasury Clerld'l'ypist - Solid Waste MW I - Forestry MW I - Refuse MW I - Streets MW I - Water Distribution MW II - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk/Typist - Recreation Central Services Clerk Engineering Technician Interactive Specialist Laboratory Technician Library Assistant III MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk Technical Assistant - PCD AFSCME JOB TITLE LIST FY00 (JUNE 26, 1999) Buyer II Community Programmer Construction Inspector I Customer Service Rep Electrician Emergency Comm Dispatcher MW III - Library MW III - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant 10 Body Repair Mechanic Housing Inspector Housing Office Manager MW III - Water Distribution MW III - Water Plant Maintenance Operator - Wastewater Public Info/Educ Coord - Water TPO - Wastewater Treatment TPO - Water 11 Building Inspector Customer Service Coord Housing Rehab Assistant MW III - Streets MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Special Projects Inspector 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist 14 15 APPENDIX A - Page 2 Chemist Development Reg Specialist Elect Tech - Traffic Engineering FSS Program Coordinator Librarian I'1 Mechanic III Public Housing Coordinator Section 8 Coordinator Sr Accountant - Accounting Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Sr TPO - Water Survey Party Chief Program Specialist - Sr Center Rec Program Supervisor Rehab Officer Sr Construction Inspector Sr MW - Landfill Sr MW - Recreation Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Distribution Sr TPO - Wastewater Volunteer Specialist - Sr Center Associate Planner Civil Engineer Human Rights Investigator Human Services Ceord Sr Librarian Solid Waste Planner Sr MW - Cemetery APPENDIX B IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Hajor Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual,'Customary and Reasonable charges for: * One routine annual physical examinati'on in a doctor's office or clinic Home and office calls needed to diagnose or treat a m~dical condition Imnunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi-private room and board · Necessary services and supplies · Operating rooms, intensive care, coronary and burn care units · Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 · Home and office vists · One routine annual physical exam · Pre-natal and post-natal care in physician's office · Inmmnizations · Hospital visits and nursing facility visits Outpatient · Surgery · Diagnositc x-ray and laboratory services · Accident care HOME HEALTH CARE 90/10 NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 · Unlimited Room and Board · Services and supplies · Services provided by a .......... Registered Nurse · Services prescribed by a physician 8-2 THE ZOkfA 500 PLAN COVERS THESE OTHER SERVZCES: These"other. servtces are subject tO a $100 contract deductible per calendar year · Prescriptions Nursing Services · Anesthetics , Private-duty nursing services · Blood plasma · Casts Ambulance · Crutches . Atr . Durable medical equipment . Ground · .Other supplies when ordered by a physician DEDUCTZBLES AND COPAYHENT · Hospital - The Subscriber Is responsible for the first two days of semi- private room and board, "~Z~.~=:--~:=--:~-...~'.:L:~.,~.-,__z~.~r-~,~:_:. .... --.L.'-~ Per Hospital Aclmtsston, · Physician - The subscriber pays 10% of the phystctan's Usual, Customary and Reasonable charges Including office calls, ZOWA 500 coverage pays the remaining 90%, · Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces, Mhen the subscdber's expenditures for hospital, physician, and/or other services reach $500 per year, ZO~ 500 pays 100% of all remaining charges· If the subscrtber's'expendttures for hospital, physician, and/or other serfices do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500· (Outpatient treatment for nervous and mental conditions is paid 90/10 co-payment until the $10,000 Lifetime Maximum is met. Co-payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF-DEDUCTZBLE Expenses 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 the next calendar year's deductible. I or2day 90%/10% $100deduc~,'cte ALLIANCE Program Provisions 1 ) The ALLIANCE program consists of seven program components. They are: Pre-Admission Certification Blue Cross and Blue Shield must be notified prior to any non-emergency or planned inpatient admission to a hospital, skilled nursing facility. mental health institution, or use of home health care or hospice program services. Admission Review Blue Cross and Blue Shield must be notified of all emergency and maternity admissions within 24 hours. Continued Stay Review All hospital stays will be reviewed to ensure that continued hospitalization, home care, hospice or other services are medically necessary to meet the patient's ongoing health care needs. Individual Case Management Focus is placed on special needs of patients with severe illnesses or injuries. Arrangement may be made to waive standard coverage limitations or exclusions that might otherwise hinder alternative care arrangements outside the hospital. Mandatory Outpatient Surgery Certain surgeries and procedures can be safely performed on an outpatient basis without sacrificing the quality of care. This requirement will be waived if inpatient admission is medically necessary. Additional Home Health Care and Hospice Benefits Coverage is provided for services not usually offered in traditional coverage. Additional home health benefits provide expanded coverage for: · Skilled nursing services · Physical therapy · Speech therapy · Occupational therapy · Medical social services · Home health aide services · Enteral and parenteral nutrition · Prescription drugs and medicines administered intravenously or intramuscularly · Medical supplies B-2a Hospice care has been added to include respite care, a means by which services can be provided to relieve an individual caring for a terrainally ill patient at home. Also included under hospice care are continuous home care and general inpatient care services. Hospital Bill Audits Experienced Blue Cross and Blue Shield auditors will review a random sample of bills over $10.000. This ensures that the charges are appropriate and represent services actually received. 2) What happens if you fail to obtain prior approval for a non- emergency or planned admission? · Always obtain pre-admission certification prior to any non- emergency or planned inpatient admissions. Failure to do so will result in a substantial penalty, perhaps as much as 50 percent, after which any applicable deductible and coinsurance amounts will be applied to the remaining balance. Remember, it is your responsibility to make sure the call is placed. Remember that it is not necessary to contact Blue Cross and Blue Shield unless you are admitted as an inpatient to a health care facility or to receive home health or hospice services. For example, if you obtain care on an outpatient basis (i.e., visit the doctor's office or go to a hospital emergency room or clinic), and you are not admitted for inpatient treatment. you need not contact us. · Always notify Blue Cross and Blue Shield of all emergency and maternity admissions within 24 hours. If you fail to do so, you will be responsible for the room-and-board charges for any days it is determined your condition did not require inpatient hospitalization. 3) To appeal a possible reduction of benefits: · You or your physician may ask for a reconsideration of the decision. All requests should be made in writing and submitted by either you or your physician. · You must appeal a benefit reduction within six months of receipt of notice for failure to notify Blue Cross and Blue Shield of an emergency or maternity admission within 24 hours. ALLIANCE...working with you, for you! Summary of Benef DELTA DENTAL COVERAGE B-3 Delta Dental Plan of Iowa coverage not only provides e verleW of benefits but llIO encourage timely and effective dental maintenance. More then 80% of the dentim In lows participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, aubject to deductible and copayment provi- lions of the program, Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Uke Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you, That eliminates claims-handling chores for you and your employees -- and saves valuable time end money. To provide a program to meet your .company~ needs, Delta Dental Plan benefits ere available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits am combined to meet your needs: Pmventive Maintenance benefit includes: a Routine checkups at six-month intervals including bitewinG x-rays at 12-month intervals. · Teeth cleaning once avery six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides onGoinG care includinG: · ReGular caviW fillings. · Oral surgery {including pre- and post-operative care). · EmerGency treatment for relief of pain. Major Restorative benefit covers: · HiGh-cost fillings. · Cast restorations. · Root canal fillings. · Non-surGical treatment for Gum diseases. Delta Denal Pin of iowa NIts Dental Plan of Iowa RATE QUOTATION PLAN B-4 Program Benerff, s Deductible Single/Family (Annual) []Preventive Maintenance $ - ~] Routine Restorative $ 25/75 [] Major Restorative $ ['1 Dental Prosthetics $ E:) Periodontics $ F10rthodontics $ . !"l Dependents to age __ [] Full-time students E:) Adults Copeyment - % 50 50 % % % M*0111 ~ 2M Program Maximums Single $ 500 per year Family $ 500 per member. per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $_ . per month These rates guaranteed for 12 ..... months beginning on 7-1-85 (daTe) if purchased by 7-]-85 (date} *Rates quoted here are based upon Census information provided and acquiring and maintaining e man'mum ,enrollme.r~ of.90% Of total eli.gible employees for the duration of the contracl. /· coverage is subj .to the terms and cond,teons specjfied m and enrollment regulations in force when the contract becomes effective. Delta Dental Plan of iowa AFSCME PAYPLAN FY00 (JUNE 26, 1999) APPENDIX C - 1 Page I PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $10.39 $11.65 $12.00 $12.43 $12.82 $13.25 MW I - Recreation $831.20 $932.00 $960.00 $994.40 $1,025.60 $1,060.00 MW I - Sr Center $21,611.20 $24,232.00 $24,960.00 $25,854.40 $26,665.60 $27,560.00 MW I - Transit Facility 2 Cashier- Parking $10.70 $12.00 $12.43 $12.82 $13.25 $13.71 Central Services Info Clerk $856.00 $960.00 $994.40 $1,025.60 $1,060.00 $1,096.80 Kennel Assistant $22,256.00 $24,960.00 $25,854.40 $26,665.60 $27,560.00 $28,516.80 MW I - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk 3 Cashier-Treasury $11.06 $12.43 $12.82 $13.25 $13.71 $14.18 Clerical Assist - Cable TV $884.80 $994.40 $1,025.60 $1,060.00 $1,096.80 $1,134.40 Clerk Typist - Prks & Forestry $23,004.80 $25,854.40 $26,665.60 $27,560.00 $28,516.80 $29,494.40 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II -Govemment Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Water Services Clerk 4 Account Clerk - Acctng $11.44 $12.82 $13.25 $13.71 $14.18 $14.72 Account Clerk - Transit $915.20 $1,025.60 $1,060.00 $1,096.80 $1,134.40 $1,177.60 Account Clerk - Treasury $23,795.20 $26,665.60 $27,560.00 $28,516.80 $29,494.40 $30,617.60 Clerk/Typist- Solid Waste MW I - Forestry MW I - Refuse MW I - Streets MW I - Water Dist MW II - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk/Typist - Recreation 99afscme.xls AFSCME PAYPLAN FY00 (JUNE 26, 1999) PAYGRADE: STEP 1 5 MW II - Parks $11.85 MW II - Public Housing $948.00 MW II - Ramp/Meter Repair $24,648.00 MW II- Recreation MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $12.23 Buyer I - Equipment $978.40 Community Service Officer $25,438.40 Library Assistant I MW II - Senior Center MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Account Clerk - Treasury 7 Customer Serv Rep - Parking $12.67 Housing Program Assistant $1,013.60 Library Assistant II $26,353.60 MW II - Landfill MW II - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment PInt Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Trtmnt 8 Central Services Clerk $13.08 Engineering Technician $1,046.40 Interactive Specialist $27,206.40 Laboratory Technician Library Assistant III MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk Technical Assistant - PCD STEP 2 APPENDIX C-1 STEP3 STEP 4 STEP5 Page2 STEP6 $13.23 $13.64 $14.08 $14.60 $15.08 $1,058.40 $1,091.20 $1,126.40 $1,168.00 $1,206.40 $27,518.40 $28,371.20 $29,286.40 $3O,368.0O $31,366.40 $13.71 $14.18 $14.72 $15.20 $15.76 $1,096.80 $1,134.40 $1,177.60 $1,216.00 $1,260.80 $28,516.80 $29,494.40 $30,617.60 $31,616.00 $32,780.80 $14.18 $14.72 $15.20 $15.76 $16.33 $1,134.40 $1,177.60 $1,216.00 $1,260.80 $1,306.40 $29,494.40 $30,617.60 $31,616.00 $32,780.80 $33,966.40 $14.72 $15.20 $15.76 $16.33 $16.91 $1,177.60 $1,216.00 $1,260.80 $1,306.40 $1,352.80 $30,617.60 $31,616.00 $32,780.80 $33,966.40 $35,172.80 99afscme.xls AFSCME PAYPLAN FY00 (JUNE 26, 1999) PAYGRADE: STEP 1 9 Buyer II $13.48 Community Programmer $1,078.40 Construction Inspector I $28,038.40 Customer Service Rep Electrician Emergency Comm Dispatcher MW III - Library MW III - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant 10 Body Repair Mechanic $13.86 Housing Inspector $1,108.80 Housing Office Manager $28,828.80 MW III - Water Dist MW III - Water Plant Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water Building Inspector $14.79 Customer Service Coord $1,183.20 Housing Rehab Assistant $30,763.20 MW III - Streets MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Special Projects Inspector 12 Construction Inspector II $15.47 Electronics Tech - Wastewater $1,237.60 Librarian I $32,177.60 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Tuffgrass Specialist APPENDIX C - 1 STEP 2 STEP 3 STEP 4 $15.08 $15.59 $16.15 $1,206.40 $1,247.20 $1,292.00 $31,366.40 $32,427.20 $33,592.00 $15.50 $16.03 $16.55 $1,240.00 $1,282.40 $1,324.00 $32,240.00 $33,342.40 $34,424.00 $16.33 $16.91 $17.62 $1,306.40 $1,352.80 $1,409.60 $33,966.40 $35,172.80 $36,649.60 $16.90 $17.49 $18.13 $1,352.00 $1,399.20 $1,450.40 $35,152.00 $36,379.20 $37,710.40 STEP 5 $16.70 $1,336.00 $34,736.00 $17.16 $1,372.80 $35,692.80 $18.22 $1,457.60 $37,897.60 $18.79 $1,503.20 $39,083.20 Page 3 STEP 6 $17.30 $1,384.00 $35,984.00 $17.74 $1,419.20 $36,899.20 $18.92 $1,513.60 $39,353.60 $19.41 $1,552.80 $40,372.80 99afscme.xls AFSCME PAYPLAN FY00 (JUNE 26, 1999) APPENDIX C - I Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $15.97 $17.62 $18.22 $18.92 $19.63 $20.38 Development Reg Specialist $1,277.60 $1,409.60 $1,457.60 $1,513.60 $1,570.40 $1,630.40 Elec Tech - Traffic Eng $33,217.60 $36,649.60 $37,897.60 $39,353.60 $40,830.40 $42,390.40 FSS Program Coord Librarian II Mechanic III Public Housing Coordinator Section 8 Coordinator Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Sr TPO - Water Survey Party Chief 14 Program Spec - Sr Center $16.57 $18.22 $18.92 $19.63 $20.38 $21.02 Rec Program Supervisor $1,325.60 $1,457.60 $1,513.60 $1,570.40 $1,630.40 $1,681.60 Rehab Officer $34,465.60 $37,897.60 $39,353.60 $40,830.40 $42,390.40 $43,721.60 Sr Construction Inspector Sr MW - Landfill Sr MW - Recreation Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center t5 Associate Planner $17.30 $18.95 $19.66 $20.42 $21.06 $21.78 Civil Engineer $1,384.00 $1,516.00 . $1,572.80 $1,633.60 $1,684.80 $1,742.40 Human Rights Investigator $35,984.00 $39,416.00 $40,892.80 $42,473.60 $43,804.80 $45,302.40 Human Services Coord Sr Librarian Solid Waste Planner Sr MW - Cemetery 99afscrne.xls AFSCME PAYPLAN FY01 (JUNE 24, 2000) APPENDIX C - 2 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $10.70 $12.00 $12.36 $12.80 $13.20 $13.65 MW I - Recreation $856.00 $960.00 $988.80 $1,024.00 $1,056.00 $1,092.00 MW I - Sr Center $22,256.00 $24,960.00 $25,708.80 $26,624.00 $27,456.00 $28,392.00 MW I - Transit Facility 2 Cashier- Parking $11.02 $12.36 $12.80 $13.20 $13.65 $14.12 Central Services Info Cle~;k $881.60 $988.80 $1,024.00 $1,056.00 $1,092.00 $1,129,60 Kennel Assistant $22,921.60 $25,708.80 $26,624.00 $27,456.00 $28,392.00 $29,369.60 MW I - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk 3 Cashier-Treasury $11.39 $12.80 $13.20 $13.65 $14.12 $14.61 Cledcal Assist - Cable TV $911.20 $1,024.00 $1,056.00 $1,092.00 $1,129.60 $1,168.80 Clerk Typist - Prks & Forestry $23,691.20 $26,624.00 $27,456.00 $28,392.00 $29,369.60 $30,388.80 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Water Services Clerk 4 Account Clerk - Acctng $11.78 $13.20 $13.65 $14.12 $14.61 $15.16 Account Clerk - Transit $942.40 $1,056.00 $1,092.00 $1,129.60 $1,168.80 $1,212.80 Account Clerk - Treasury $24,502.40 $27,456.00 $28,392.00 $29,369.60 $30,388.80 $31,532.80 ClerkFrypist - Solid Waste MW I - Forestry MW I - Refuse MW I - Streets MW I - Water Dist MW II - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerkfl'ypist - Recreation 99afscme.xls AFSCME PAYPLAN FY01 (JUNE 24, 2000) PAYGRADE: STEP 1 5 MW II - Parks $12.21 MW II - Public Housing $976.80 MW II - Ramp/Meter Repair $25,396.80 MW II - Recreation MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $12.60 Buyer I - Equipment $1,008.00 Community Service Officer $26,208.00 Library Assistant I MW II - Senior Center MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Account Clerk - Treasury 1 Customer Serv Rep - Parking $13.05 Housing Program Assistant $1,044.00 Library Assistant II $27,144.00 MW II - Landfill MW II - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment PInt Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Trtmnt 8 Central Services Clerk $13.47 Engineering Technician $1,077.60 Interactive Specialist $28,017.60 Laboratory Technician Library Assistant III MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk Technical Assistant - PCD STEP2 APPENDIX C-2 STEP3 STEP4 STEP5 Page2 STEP 6 $13.63 $14.05 $14.50 $15.04 $15.53 $1,090.40 $1,124.00 $1,160.00 $1,203.20 $1,242.40 $28,350.40 $29,224.00 $30,160.00 $31,283.20 $32,302.40 $14.12 $14.61 $15.16 $15.66 $16.23 $1,129.60 $1,168.80 $1,212.80 $1,252.80 $1,298.40 $29,369.6O $30,388.80 $31,532.80 $32,572.8O $33,758.40 $14.61 $15.16 $15.66 $16.23 $16.82 $1,168.80 $1,212.80 $1,252.80 $1,298.40 $1,345.60 $30,388.80 $31,532.80 $32,572.80 $33,758.40 $34,985.60 $15.16 $15.66 $16.23 $16.82 $17.42 $1,212.80 $1,252.80 $1,298.40 $1,345.60 $1,393.60 $31,532.80 $32,572.8O $33,758.40 $34,985.60 $36,233.60 99afscme.xls AFSCME PAYPLAN FY01 (JUNE 24, 2000) PAYGRADE: STEP 1 9 Buyer II $13.88 Community Programmer $1,110.40 Construction Inspector I $28,870.40 Customer Service Rep Electrician Emergency Comm Dispatcher MW III - Library MW Ill - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant 10 Body Repair Mechanic $14.28 Housing Inspector $1,142.40 Housing Office Manager $29,702.40 MW III - Water Dist MW III - Water Plant Maintenance Operator- Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water 11 Building Inspector $15.23 Customer Service Coord $1,218.40 Housing Rehab Assistant $31,678.40 MW III ~ Streets MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Special Projects Inspector 12 Construction Inspector II $15.93 Electronics Tech - Wastewater $1,274.40 Librarian I $33,134.40 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Tuffgrass Specialist STEP2 APPENDIX C-2 STEP3 STEP4 STEP 5 Page 3 STEP6 $15.53 $16.06 $16.63 $17.20 $17.82 $1,242.40 $1,284.80 $1,330.40 $1,376.00 $1,425.60 $32,302.40 $33,404.80 $34,590.40 $35,776.00 $37,065.60 $15.97 $16.51 $17.05 $17.67 $18.27 $1,277.60 $1,320.80 $1,364.00 $1,413.60 $1,461.60 $33,217.60 $34,340.80 $35,464.00 $36,753.60 $38,001.60 $16.82 $17.42 $18.15 $18.77 $19.49 $1,345.60 $1,393.60 $1,452.00 $1,501.60 $1,559.20 $34,985.60 $36,233.60 $37,752.00 $39,04 1.60 $40,539.20 $17.41 $18.01 $18.67 $19.35 $19.99 $1,392.80 $1,440.80 $1,493.60 $1,548.00 $1,599.20 $36,212.80 $37,460.80 $38,833.60 $40,248.00 $41,579.20 99afscme.xls AFSCME PAYPLAN FY01 (JUNE 24, 2000) APPENDIX C - 2 Page 4 PAYGRADE: STEP 1 STEP 2 13 Chemist $16.45 $18.15 Development Reg Specialist $1,316.00 $1,452.00 Elec Tech - Traffic Eng $34,216.00 $37,752.00 FSS Program Coord Librarian II Mechanic III Public Housing Coordinator Section 8 Coordinator Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Sr TPO - Water Survey Party Chief 14 Program Spec - Sr Center $17.07 $18.77 Rec Program Supervisor $1,365.60 $1,501.60 Rehab Officer $35,505.60 $39,041.60 Sr Construction Inspector Sr MW - Landfill Sr MW - Recreation Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center 15 Associate Planner $17.82 $19.52 Civil Engineer $1,425.60 $1,561.60 Human Rights Investigator $37,065.60 $40,601.60 Human Services Coord Sr Librarian Solid Waste Planner Sr MW - Cemetery STEP3 STEP4 STEP 5 STEP6 $18.77 $19.49 $20.22 $20.99 $1,501.60 $1,559.20 $1,617.60 $1,679.20 $39,041.60 $40,539.20 $42,057.60 $43,659.20 $19.49 $20.22 $20.99 $21.65 $1,559.20 $1,617.60 $1,679.20 $1,732.00 $40,539.20 $42,057.60 $43,659.20 $45,032.00 $20.25 $21.03 $21.69 $22.43 $1,620.00 $1,682.40 $1,735.20 $1,794.40 $42,120.00 $43,742.40 $45,115.20 $46,654.40 99afscme.xls APPENDIX D Reclassification Procedures Section 1. Purpose The Job Evaluation Committee will be responsible for maintaining fair and equitable cla. ssification of all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Waters evaluation instrument used in the 1993 study and shall have responsibility for modification or interpretation of the evaluation instr.ument. Section 3. Committee Membership and Structure The Job Evaluation Committee shall be comprised of eight members, four to be selected by the City, including the Personnel Administrator, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetinqs The Committee will meet as necessary to hear all position reclassification appeals by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administrator). In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. The Personnel Administrator may vote in place of any absent Management Committee members. The Union officers may vote for any absent Union member. D-2 The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Appeals Employees will be informed of the procedures for appealing the classification of a position. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee· Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. The appealing employee will be compensated for time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. Classification appeals may be initiated by the Personnel Administrator. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions · Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section 8. Salary Adjustments 1. No new salary ranges will be created except for labor market impacted positions. If the classification of a position is decreased, the salary of affected employees will not be reduced. D-3 Employees in positions found to be under-classified will receive a salary adjustment equal to: a. the minimum of the new salary range, if below the minimum, or a one-step increase (step to be defined as the percentage difference between steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adiustments 1. Salary information will not be considered in the classification of a position. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. In the event that salary maximum of a position is shown to be under-paid by at least 15 percent (15%) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Electrician, Grade 8, Range ~1,000-~1,300, 15 percent off the market moved to Range 8A, ~1,150-$1,495. Range width remains the same, salary maximum increases by survey average.) Upon employee appeal, salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Fundine Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, D-4 with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Approval All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration The parties understand that this procedure is a continuation of an experimental program and is itself experimental. This procedure shall be used to determine reclassifications during FY97-99 and then shall become null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of April 6, 1987 humanrel~unions\afscme\appendix.d APPENDIX E CONTRACT SIDE LEITER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will he bid on three times annually to he effective January 1 to May 30, June 1 to August 31, and September 1 to December 31. Seniority will he used for the purpose of allowing employees to choose those weekends, those nights and those 9-6 shifts that they do not wish to work. Each Schedule period the senior employee in each participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9-6 shifts during the schedule perind. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling. all employees for a regular night or 9-6 shift, the senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule perind. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreemere of the employee involved. RE: November 27, 1978 E-2 AMENDMENTS TO CONTRACT SIDE I. EITER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one depaxtment electing the option to make it viable. For permanent full-time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees'working scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on beth sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 APPENDIX G-I MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL-CIO, Local 183 Re: Article XVIII Clothing and Equipment, Section I Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatchers/Police Desk Clerks, the parties have agreed to waive the provisions of Article 18, Section 1 in lieu of the following: The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. !. Community Service Officer Six winter and six summer permanent press regulation shirts. Four pairs of regulation trousers. One winter and one summer regulation jacket. One regulation raincoat. One regulation pants belt. Three regulation ties. Regulation hat/cap. Two pairs of regulation winter gloves. 2. Animal Control Officers Six winter and six summer permanent press regulation shins. Six pairs of regulation trousers. One regulation jacket. One regulation raincoat. One regulation pants belt. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks Six winter and six summer permanent press regulation shirts. Four pairs of regulation trousers. One regulation pants belt. Three regulation ties. B, Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. APPENDIX G-2 C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. re: March 11, 1991 humanrcl\unions~afscme~appcndix,g APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: Treatment Plant Operators - Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. For Unjo : President hemantel~unions\afscme\appendix .h For the City: Assistd~a~t City a~ SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1996-1999 Contract, the investigation and discussion of on-site childcare and/or childcare vouchers will be considered a proper topic for consideration by the Labor-Management Committee referred to in Article 20, Section 5. humanre~unions%afscme\sideltrs For the City: Assis~ta~nt"'C'~ity~ an~er~-~ SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective July 2, 1994. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of July 2, 1994, will receive an increase equal to 3.5% in addition to the across-the-board increase of 3%, provided that no employee will receive a wage rate that is lower than Step 1 or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee was placed on Step 1 or between steps 1 and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of July 1, 1994) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across-the-board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as followsi Position Old Range New Range Sr. Maintenance Worker - Water Distribution 15 Program Specialist - Senior Center 15 Sr. Maintenance Worker-Wastewater Treatment 14 Maintenance Worker III 9 - Wastewater Treatment Collection Buyer I - Purchasing 6 Senior Library Clerk (3 positions) 4 Maintenance Worker II - Government Buildings 4 14 14 13 8 5 3 3 For the Union: humanm~unions\afscme~tdeltrs For the City: ,." Assista CHESTER J. CULVER SECRETARY OF STATE HOOVER BUILDING ~ STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 JUNE 22, 1999 MARIAN K. KARR, CMC/AAE CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY, IOWA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY and the JOHNSON COUNTY Dear MS. KARR, CMC/AAE: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of JUNE 22, 1999. Sincerely, Chester J Culver Secretary of State CJC/PM Enclosures M006194 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-202 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA WHEREAS, Johnson County and the City both provide services requiring routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both parties and the public; and WHEREAS, it is mutually beneficial for the City and County to cooperate and to work closely together in the area of radio communications; and WHEREAS, Chapter 28E, Code of Iowa, (1997), permits state and local governments to make efficient use of their resources and powers in order to provide joint services through the use of a duly recorded agreement; and WHEREAS, the parties have negotiated such an agreement to provide cost sharing terms for maintenance and use of the City's emergency radio communications system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Chapter 28E Agreement for Radio Communications between the City of Iowa city, Iowa and Johnson County, Iowa attached hereto and incorporated by reference herein. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Agreement in the Johnson County Recorder's Office at City expense. Passed and approved this 15th 8 0 U n e CiTY CLERK Resolution No. 99-202 Page 2 It was moved by Thnrnherry and seconded adopted, and upon roll call there were: AYES: NAYS: X X X X X X X Norton the Resolution be ABSENT: :' Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA This agreement is made and entered into by and between the City of iowa City, Iowa, ("City"), and Johnson County, Iowa, ("County"), both municipal corporations, sometime collectively referred to as "Parties". WHEREAS Johnson County and the City both provide services requiting routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties; and WHEREAS, it is mutually beneficial for both the City and the County to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems wherever possible, for the mutual benefit of the citizens of the City of Iowa City and Johnson County; and WHEREAS, Chapter 28E, Code of Iowa (1997) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. NOW, THEREFORE, in consideration of their mutual promises herein, Johnson County and the City of Iowa City agree as follows: Johnson County acknowledges the City owns an eight hundred (800 MHz) radio trunking system C'System"), with sufficient capacity to allow the Johnson County Ambulance Service C'JCAS"), a department of Johnson County, to participate in the use of the system. 2. To that end, the City and the County agree more specifically as follows: The City shall allow the JCAS to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by the JCAS. b) The County will purchase all equipment needed by the JCAS, and the JCAS agrees to maintain any and all equipment so purchased by the JCAS pursuant to this Agreement. The City purchased as a gift of use, in 1993, three portables for the JCAS. The County will replace, at their expense, the three portables. c) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. d) Parties agree that the JCAS's cost for use of the 800 M/-lz trunking radio equipment system will be determined in September of each year, for implementation the following August of each year, and City agrees to submit a "user fee" billing to ICAS, to be paid within 60 calendai- days of the date of the billing. e) The County agrees to pay said user fee of $114 per radio unit per year billing on August 1 annually of each year to the City, within the time set forth above, and will also pay the proper amounts billed for any additional radio units added to the JCAS system during the year, which the County agrees to pay on a pro-rated basis, with payment also due on September 1 of each year. The' annual user fee may be increased, but not decreased, during the exterlded term by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and mean Groups Figures for All Urban Consumers July 1997, over the figures for the month of July 1996. Parties agree this Agreement shall be for a period of one (1) year continuing from August 1; 1997, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to August 1 of each successive year. However, this Agreement shall not extend beyond August 1, 2002, without review and re-execution of a new agreement, together with re-recording of said updated agreement. g) Parties agree this Agreement is not assignable. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (1997); and that this agreement, as such, will renew only upon execution by the City Council of the City of Iowa City and the Johnson County Board of Supervisors, and further upon filing with the Secretary of State of the State of Iowa, together with this Agreement being duly recorded with the Johnson county Recorder's Office, Johnson County, Iowa. Dated this 9--°c{'~ day of /¢~ C' r' / 1999. Ernest W. Lehman, Mayor ~~athan J ht~, Chair Johnson_ my Board o. Sup rvisors county Attom~r~ oiie7 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this /5 day of 0~-~e ,19 qc? , before me, the undersigned, a Notary. Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, beingby me duly sworn, did say that they are the mayor and city Clerk, respectively, of the City of Iowa city, Iowa; that the seal affuced 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. 7q - ,9c~ passed (the Resolution adopted )by the City Council, under roll Call No. '-- of the City Council on the /5 ~ '~ day of 74 ~ ~ ,19 qq , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) Ss: JOHNSON COUNTY) On this 9-q~t~ day of/4 ~-, ( .199~', before me, the undersigned, a Notary Public in and for said County and ~tate, personally appeared Jonathan Jordahl and ,//~ c~ Ft 6'("(e' F · to me personally known, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and [-Auditor] [Deputy Auditor], respectively, of Johnson County, Iowa; that the seal affixed hereto is the seal of said county; that this instrument was signed and sealed on behalf of said county b authority of its Board of Supervisors; and that the said Joe Botkt:um a~d :2f,~A'~'t"n /44 '~ k ~tt ~ 'h/e r' as such officers acknowledged the execution of said instrument to be the volumary act and deed of Johnson County by it and by them voluntarily executed. Notary~b~~c and for the State of Iowa