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HomeMy WebLinkAbout1999-11-09 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-364 RESOLUTION TO ISSUE CIGAREl'rE 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: Glass Lodge Pipe Emporium - 13 S. Linn Street Passed and approvedthis 9th O OV r MAYOR Approved by City Attorneys Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~dgperm.doc 11-O9-99 4e(1) Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 99-365 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE 1999 HIGHWAY TURN LANE IMPROVEMENT PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 1999 Highway Turn Lane Improvement project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated September 1, 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 IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 9th ATTEST:C~ ~. ~ day of November ,1999. Approved by City Attomey's Office It was moved by Thornberry adopted, and upon roll call thero wero: AYES: NAYS: X X X X x X X pweng/res/tumlan2.doc and seconded by ABSENT: Champion the Resolution be Champion Kubby Lehman Norton O'Donnell Thornber~ Vande~oef CITY OF I0 WA CITY November 3, 1999 Honorable Mayor and City Council Iowa City, Iowa Re: 1999 Highway Turn Lane Improvement Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1999 Highway Turn Lane Improvement Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's office. The final contract price is $60,262.70 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer pwenglmasters/engrpt.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: To: From: Re: November 1, 1999 Steve Atkins Kim Johnson. A,~ Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the October 19th Council meeting: 1) 1999 Highway Turn Lane Improvement Project Contractor: All American Concrete, Inc. · Project Estimated Cost: · Project Bid Received: · Project Actual Cost: · IDOT Funding (U-STEP) $ $ $ $ 71,100.00 55,626.00 60,262.70 33,144.49 Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-366 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE - PART SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. 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, storm sewer, and water main improvements for Walnut Ridge - Part Six, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Walnut Ridge - Part Six, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 9th day of November ,1999. ATTEST: ;I'~E'~~K ~ '2/~"~t") PP~:Uv'~'~bY It was moved by Thornberry and seconded by Champ'i on and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef pweng/resz~valnut6.doc the Resolution be adopted, ENGINEER'S REPORT October 29, 1999 Honorable Mayor and City Council Iowa City, IA Re: Walnut Ridge - Part Six Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Walnut Ridge - Part Six has 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, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-367 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 755 OAKLAND AVENUE, IOWA CITY, IOWA WHEREAS, on September 20, 1988, the owners of 755 Oakland Avenue executed a Promissory Note and a Mortgage in the form of a statement of life lien through the City's Housing Rehabilitation Program for the amount of $11,000; and WHEREAS, these documents created a lien against the property; and WHEREAS, the loan was paid off on October 19, 1999; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 755 Oakland Avenue, Iowa City, Iowa from a Promissory Note recorded on October 19, 1988, Book 1031, Page 548 and a Mortgage recorded on October 19, 1988, Book 1031, Page 550 through Page 551 of the Johnson County Recorder's Office. MAYOR Approved by CI City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call thero were: Champion the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab\res\755oakl.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 755 Oakland Avenue, Iowa City, Iowa, and legally described as follows: South 62 Y2 feet of Lot 12 and 13, A. E. Swisher's Addition to Iowa City, Iowa, from an obligation of the owners, Kathleen and Bob Young, to the City of Iowa City in the amount of 911,000 represented by a Promissory Note recorded on October 19, 1988 in Book 1031, Page 548 and a Mortgage recorded on October 19, 1988 in Book 1031, Page 550 through Page 551 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. AYOR ATTEST: C~ Approved by -,~"'/~ .Z~'.,'.,'.,'.,'.,'.,'~~ /,~,',./ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this q Wt day of AJo,,'.~..~ge, , A.D. 19 q~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan 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 Eouncil, as contained in Resolution No. ~?- ~(o ? adopted by the City Council on the c/* day ~c A]o~,~t ]~e~- , 19 q~ and tl~at 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\755oakrel.doc Notary. Public in andrfor Johnson County, Iowa 4e(4) Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-368 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 242 MAGOWAN AVENUE, IOWA CITY, IOWA WHEREAS, on March 20, 1996, the owner of 242 Magowan Avenue executed a Mortgage in the form of a conditional occupancy loan through the City's Housing Rehabilitation Program for the amount of $5,481; and WHEREAS, this document created a lien against the property; and WHEREAS, the loan was paid off on October 14, 1999; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 242 Magowan Avenue, Iowa City, Iowa from the Mortgage recorded on March 27, 1996, Book 2055, Page 202 through Page 206 of the Johnson County Recorder's Office. Passed and approved this 9th . ,19 . ' "MAYOR ' A'I'rEST:CI~_E.-f.~K Yff. It was moved by Thornberry and seconded by adopted, and upon roll call them were: Champinn ppdrehab\ms~242magow,doc AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 242 Magowan Avenue, Iowa City, Iowa, and legally described as follows: The south 60 feet of Lot 3, in Block 12, in Manville Addition, Johnson County, Iowa, according to the recorded plat thereof recorded in Plat Book 1, page 149, Plat Records of Johnson County, Iowa, from an obligation of the owner, Mary T. Lumsden, to the City of Iowa City in the amount of 85,481 represented by a Mortgage recorded on March 27, 1996 in Book 2055, Page 202 through Page 206 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CiTy'7~'4~K~ ~ ~ Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (// day of /~)~J~e~- , A.D. 19 L/L~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City .Council, as contained in Resolution No. eft- -~/~, adopted by the City 1 ~ da Council on the c y o*¢ /1]o~,~,~,~ ,19 f~ 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\242magrel .doc Notary Public in and for Johnson County, Iowa " t Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-369 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO RENTAL REHABILITATION LIENS FOR THE PROPERTY LOCATED AT 817 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on March 30, 1989, the owners of 817 Iowa Avenue executed a Rental Rehabilitation Lien in the form of a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $15,000; and WHEREAS, on April 27, 1989, the owners executed another Rental Rehabilitation Lien also in the form of a ten-year declining balance loan for the amount of $6,000; and WHEREAS, the terms of the loans have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 817 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on April 11, 1989, Book 1054, Page 35 through Page 37 and from the Rental Rehabilitation Lien recorded on May 8, 1989, Book 1057, Page 402 through Page 404 of the Johnson County Recorder's Office. Passed and approved this 9th ATTEST: 7')t~,z-,:-,-~-~ ~ CITY"CLERK Approved by It was moved by Thornberry and seconded by Champ1 on adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef ppdrehab/res/817iowa.doc the Resolution be Prepared by: Liz Osbome, 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 817 Iowa Avenue, Iowa City, Iowa, and legally described as follows: The East 43 feet of Lot 3, and the West 5 feet of Lot 2, all in Block 3, in Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the owners, Harvey D. and L. Maxine Miller, to the City of Iowa City in the principal amount of $21,000 represented by a Rental Rehabilitation Lien recorded on April 11, 1989 in Book 1054, Page 35 through Page 37, and a Rental Rehabilitation Lien recorded on May 8, 1989, Book 1057 Page 402 through Page 404 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Q ~ day of A,/cv ~ E ¢¢- , A.D. 19 <~?' , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan 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 authori,ty,, f its City Council, as contained in Resolution No. ~r/-3(,q, adopted by the City Council on the ~2 ~ day J A~v~-~e,- __, 19 ~ ? 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. pprehab/817iowa .doc N.y.~ry P~brlic in and for J son County I wa 4e(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319)356-5246 RESOLUTION NO. 99-370 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 815 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on March 30, 1989, the owners of 815 Iowa Avenue executed a Rental Rehabilitation Lien in the form of a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $7,500; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the loan are satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 815 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on April 11, 1989 Book 1054, Page 32 through Page 34 of the Johnson County Recorder's Office. Passed and approved this 9th day of ATTEST: ~~E~K~t~ ~. CI November ,1999. Approved by ~rn/~y,s O~~ce/~'~/" 77 It was moved by Thornberry and seconded by Champion adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef ppdrehab/res/815k:~wa.doc the Resolution be Prepared by: Liz Osbome, 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 815 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Beginning ten (10) feet East of the Northwest corner of Lot Three (3) in Block Three (3) in Iowa City, Iowa, according to the original plat thereof; thence East Twenty-seven (27) feet; thence South One hundred and fifty (150) feet to the alley; thence West twenty- seven (27) feet; thence North one hundred and fifty (150) feet to the place of beginning, from an obligation of the owners, Harvey D. and L. Maxine Miller, to the City of Iowa City in the principal amount of $7,500 represented by a Rental Rehabilitation Lien in the form of a ten-year declining balance loan recorded on April 11, 1989 in Book 1054, Page 32 through Page 34 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds MAYOR ATTEST: ~i~4¢~RK ~. CI Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ~/~ day of A.lo,,~-,-,-~,,- , A.D. 19 ?? , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the City Council on the ~ '/ day ~: contained in Resolution No.~-37~, adopted by the /~ , 19 R? 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/815iowa.doc Notary Public in and for Johnson County, Iowa / / Prepared by: Liz Osborne, Program Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-371 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCANTILE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1551 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $22,745, executed by the owner of the property on May 1, 1998, and recorded on June 22, 1998, in Book 2516, Page 207 through Page 226, in the Johnson County Recorder's Office covering the following described real estate: Lot 100, Southpointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat records of Johnson County, Iowa with the street address of 1551 Dickenson Lane. WHEREAS, Mercantile Bank, is in the process of financing a construction loan in the amount of $97,800 to the owner of 1551 Dickenson Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the construction loan in order to induce Mercantile Bank to make such a loan; and WHEREAS, Mercantile Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said construction loan with Mercantile Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Mercantile Bank, Iowa City Iowa. Passed and approved this 9th day of November ,19 99 · =I~AYOR '_ ._t '",-- Resolution No. 99-371 Page 2 ATTEST: ~ ~. ~ · CITY Approved by 'b~~'ey's omY'Y~*~'~ '/' ~' It was moved by Thnrnhprry and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdcdbgVes\1551 dicke.doc SUBORDINATION AGREEMENT THIS AGREEMENT ~UILL/AM of ~E~A-~I(.F. p-~,-IOY-~ , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain which at this time are in the amount of $ ~.2t'7'~ and were executed by ~N-~~7 I.:--. (herein the Owner), dated /'Y}c.y' / 19 ~ e , recorded '~ut-e- ~-~L 19 ~1~. , in Book ,=~.~_./.(~, Page through ~1~.~, Johnson County Recorders Office, property: is made by and between the City of Iowa City, herein the City, and covedng the following described real WHEREAS, the Financial Institution proposes to loan the sum of $ ql~.lY~o on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the }~l~r H~T(.N~¢. held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted ~'ll2.er' ~01zl-~,fe~ held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. SUBORDINATION AGREEMENT Page 2 Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the ~c~--T(-~F--, of the City. Binding Effect. This agreement shall be binding upon and inure to the benefit .of the respective heirs, legal representatives. successors, and assigns of the parties hereto. Dated this <~ day of /LJ~ ~,l;-e,f , .19 Mayor FINANCIAL INSTITUTION By ',Xb- By Attest: CITY'S ACKNOVVLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ '~ day of A/o~3~-m/~,-- 199f, before me, the undersigned, a Notary Public in and for the State 'of Iowa, personally appeared E~r r,~__-jr bJ. ) ~,.L,,~rx v~ 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 by authority of its City Council, as contained in (Ordinance) (Resolution) No. n on the c~ ~ YofC°u ' ' · . {,~,u, ftLha~ instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SUBORDINATION AGREEMENT Page 3 STATE OF4eWA ) CnKA~b// ) SS: -JOI IN~N COUN~ ) On this J4-~n day of iI~'O(3LY"J~ , A.D. 19 'J~ , before me, the ' eing by me duly sworn, did say that they are the t'f-~JdP/tc-, and ~~ Ki/A , respectively, 'of said corporation executing the within and " foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said ackn e execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~.,-., - I Notary Public in and for the State of I~,~subrdntn ,agm Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 356-5141 RESOLUTION NO. 99-372 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 WATER FACILITY IMPROVEMENTS, DIVISION h WATER TREATMENT PLANT, DIVISION 2: WELL HOUSES. WHEREAS, the City Council on October 19, 1999 approved the plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Water Facility Improvements, Division 1: Water Treatment Plant, Division 2: Well Houses, 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 for receipt of bids from 10:30 a.m. to 2:00 p.m. on December 7, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 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. 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 2 p.m. on the 7th day of December, 1999, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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 p.m. on the 7th day of December, 1999, or at such later time and place as may then be fixed. Passed ATTEST: and approved this 9th day of November- , 1999. MAYOR City Attorney's Office pwengVes\waterfac3.doc Resolution No. 99-372 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5141 RESOLUTION NO. 99-373 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CONTRACT 3 - SOUTH PLANT IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 23~d day of November, 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 project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 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 9th day of November' ,1999. ATTEST:~ ~. ~ MAYOR City Attorney's Office pweng/res/so-plant.doc Resolution No. 99-373 Page 2 It was moved by Thornber'r'y and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 99-374 RESOLUTION SE'I'rlNG A PUBLIC HEARING ON INTENT TO CONTINUE WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the City's intent to continue with a public improvement project and to acquire property rights for the Longfellow-Twain Pedestrian Tunnel project is to be held on the 7th day of December, 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 project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That documentation of the proposed location 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 9th ATTEST:Ci~i~R'~''~ day of November ,19 99 City Attorney's Office pweng\res\longtwai .doc 11/99 Resolution No. 99-374 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part Six, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter, of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'02"E, along the East Line of said Northwest Quarter, 50.00 feet, to a Point on the Southerly Right of Way Line of Melrose Avenue; Thence S89°24'24"W, along said Southerly Right of Way Line, 749.42 feet, to the Northwest Corner of Galway Hills Subdivision, Part Five, in accordance with the Plat thereof Recorded in Plat Book 40 at Page 282 of the Records of the Johnson County Recorders Office and the Point of Beginning; Thence S00°35'36"E, along the Westerly line of said Galway Hills Subdivision, Part Five, a distance of 196.27 feet; Thence S05°45'30"W, along said Westerly Line, 345.14 feet; Thence Southeasterly, 41.45 feet, along said Westerly Line on a 375.00 foot radius curve, concave Northeasterly, whose 41.42 foot chord bears S87~24'28"E; Thence S00°34'26"E, along said Westerly Line, 147.04 feet; Thence S88~43'34"W, 147.59 feet; Thence N61~47'59"W, 220.51 feet, to the Southeast Corner of Lot 35, of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office; Thence N09°48'17"E, along the Easterly Line of Said Galway Hills Subdivision, Part One, a distance of 249.40 feet; Thence N19°59'55"W, along said Easterly Line, 162.76 feet; Thence N00°35'36"W, along said Easterly Line, 185.36 feet, to its intersection with the Southerly Right of Way Line of Melrose Avenue; Thence N89°24'24"E, along said Southerly Right of Way Line, 346.76 feet, to the Point of Beginning. Said Tract of land contains 4.82 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The 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: NAYS: MAYOR and seconded by the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin~res~galplat6,doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART IOWA CITY, IOWA. EREAS, the owner, Dav~Ed Limited, filed with the City Ch ix, Iowa City, Iowa, Johnson County, Iowa; and the final plat of Galway Hills, Johnson said subdivision is located on the followir ~ty, Iowa, to wit: real estate in Iowa City, encing at the Northeast Comer of the Quarter of the Fractional st QurJrter, of Section 18, 79 .North, Range 6.~(est, of the :ipal Meridian; Thence S00'1, along the East Line of said Jartar, 50.00 feet, to e on the Southerly Right of Way Line of Melrose Thence S89'24'24' along said Southerly Right of Way Line, 749.42 feet, the Northwest of Galway Hills Subdivision, Port Five, in accordance the Plot the Records of the Westerly line 196.27 feet; Thence Southeasterly, 41.45 curve, concave Northeast, S00'34'26"E, along feet; Thence N61 Galway Hills Recorded in Plot Book ?? at Page ??? of 0 Recorders Office; Thence S 0'35'36"E, olon<J Hills Subdivision, Port Five. o distance of along said Westedy Line, 345.14 feet; Thence sold Westedy Line on o 375.00 foot rodlus whose 41.42 foot chord bears S87'24'28"E; Thence Line, 147.04 feet; Thence S88'43'34"W, 147.59 feet, to the Southeast Corner of Lot 35, of in accordance with the Plot thereof Recorded in Plot Boo~'31, at 247, of the Records of the Johnson County Recorder's Office; ~ence along the Easterly Line of Said Colway Hills Subdivision, ~art One, o of 249.40 feet; Thence N19*59'55"W, along said Easte "y Line, 162.76 feet; lance N00'35'36"W, elan9 said Easterly Line, 185.36 fe:~ to its intersection the Southerly Right of Way Line of Melrose Avenue; Thence N89'24'24"E, said Southerly Right of Way Line, 346.76 feats, to the Point of Beginning. Tract of land contains 4.82 acres, more:or less, and is subject to ~ts and restrictions of record. WHEREAS, the Department of Planning and Department examined the proposed final plat and Development and the Public Works and recommended approval; and WHEREAS, thai:Planning and Zoning Commission examined recommended that said final plat and subdivision be accepted .. WHEREAS,-';'a dedication has been made to the public, and the the free/c~/~sent and in accordance with the desires of the owners ar WHEREAS, said final plat and subdivision are found to conform with (1999) and all other state and local requirements. final plat and subdivision and approved; and has been made with proprietors; and :er 354, Code of Iowa Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF/145WA CITY, IOWA, THAT: on the above-described re~a~state be and the 1. sT;r%;~,ffinal plat and subdivision located hereby approved. 2. The City ~ccepts the dedication of the streets and easements a'S provided by law and s recording for public safety reasons. ~ Y 3. The Mayor an~[ City Clerk of the City of Iowa City, iowa, are hereby authorized and directed, upon ~}~aroval by the City Attorney, to execut~ all legal documents relating to said subdivision, ~pd to certify a copy of this resolution, which shall be affixed to the final plat after pa~age and approval by law. The City Clerk shall record the legal Passed and approved this ~\\ day of , 1999. \ , MAYOR i \ A d by ATTEST: .,, ~. CITY CLERK // / It was moved by adopted, and upon roll call there/ere: AYES: Y ppdadmin\res\galplat~'doc / / / / / / and seconded by the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT 'To: Planning and Zoning Commission Item: SUB99--0020. Galway Hills, Part Six Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Robert Miklo Date: October7, 1999 DavoEd Ltd. 317 N. Seventh Ave. Iowa City, IA 52245 Phone: 351-5000 Dave Cahill Final plat approval. A 13~lot residential subdivision. South of Melrose Avenue, west of West High School. 4.82 acres Undeveloped, RS-5 North - Vacant; P East- Vacant; OPDH-8 South- Vacant; RS-5 West- Residential; RS-5 2 to 8 dwelling units per acre September 28, 1999 November 12, 1999 November 27, 1999 City water service is available via a line in Melrose Avenue. Sanitary sewer service will be available from a new line being constructed for Galway Hills Part 5 and the Melrose Retirement Community. Police and fire protection will be provided by the City. Munidpal refuse and recycling service will be provided. 2 Transportation: The Hawkeye transit route is the nearest bus service. A bus stop is located approximately ¼ mile east of this subdivision. BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. has requested approval of the final plat of Galway Hill, Part 6, a 4.82 acre 13-lot subdivision located on the south side of Melrose Avenue west of West High School. The preliminary plat of Galway Hills Part 6 was approved by the City Council on July 26, 1999. The Galway Hills development began in 1991 with the rezoning and platting of portions of Galway Hills, Part One located to the west of this property. The most recent addition to Galway Hills was the rezoning to OPDH-8 and subdivision of part five to allow the development of Melrose Retirement Community and 7 single-family lots on Dublin Drive to the east of this property. ANALYSIS: Subdivision Design: The subdivision as submitted generally complies with the approved preliminary plat and zoning code. It consists of 13 single-family lots, which range in size from 9,569 square feet to 20,612 square feet. These lots comply with the requirements of the RS-5, Low Density Single-Family Residential zone. Kearney Lane and Keamey Court will provide street access. Legal papers are being reviewed by the City attomey's Office. Construction drawings are being reviewed by the Public Works Department. These items must be approved prior to City Council consideration. Sanitary sewer: A sanitary sewer line is proposed for construction to serve the Galway Hills Part Five subdivision located directly east of this property. The new sewer line will also serve Galway Hills Part Six. There is a tap-on fee of $2,017 per acre for the Northwest Trunk Sewer ($9,724.06 (4.82 acres x $2,017.44). A water main tap on fee of $1,903.90 (4.82 acres x $395.00/acre) is also required for this subdivision. The legal papers should address the payment of these fees. STAFF RECOMMENDATION: Staff recommends approval of the final Galway Hills. Part 6, a 13-1ot 4.82 acre residential subdivision located on the south side of Melrose Avenue west of West High School. Subject to staff approval of legal papers and construction drawings pdor to Council approval. ATTACHMENTS: 1. Location Map. 2. Final Plat Approved by: Kari Franklin, Director Planning and Community Development ppdadmin~stfT'ep~99-OO20.doc CITY OF IOWA P CITY MELROSE AVE GALWAY Pt. AC~: 5 UNIVER of IOWi P P SITE LOCATION: West Melrose, end of Kearney Lane SUB99-0020 FILED 122 G ALWAY HILLS TO FINAL PLAT SUBDIVISION IOWA CITY, IOWA Qt.7 of lm Ci1.7 117 - PART SIX f'.m' LEGEND AND NOTES ........ _- ........- Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 99-375 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN PART XVII, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green Part XVII, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Comer of the SoutheaSt Quarter of Section 13, Townshlp 79 Nodh, Range 6 West, of the Fifth Principal Meridian; Thence S89'53'53'W, along the South Line of said Southeast Quarter, 50.01 feet, to o Point on the Westsly RIght-of Way line of Scott Boulevard, and the POINT OF BEGINNING; Thence continuing S89'53'53"W, along sold South Line, 902.20 feet, to the Southwest Corner of Outlot 'A'0 of Village Green Port XV, h accordance with the Plat thereof Recorded in Plot Book 38, at Page 97, of the Records of the Johnson County Recorder's Office; Thence NOO'49'33'W, along the Westerly LIne of sold Outlot "A", 135.99 feet; Thence Southwesterly, 5.57 feet, along sold Westsly Line on o 746.66 foot radius curve, concave Northwesterly, whose 5.57 foot chord bears S89'23'16"W; Thence NOO'23'56"W, along said Westerly LIne, 60.00 feet; Thence NO6'O4'44"E, along sold Westerly Line, 250.33 feet, to the Southern Most comer of Lot 43, of said Village Green Port XV; Thence N64.'49'19"E, along the Southeasterly Une of sold Lot 43, a distance of 275.09 feet; Thence NO4'24'54"E, along sold Southeasterly LIne, 177.08 feet, to the Southwest Corner of Lot 45, of Village Green Port XVI, in accordance with the Plot ~ereof Recorded in Plot Book 40, at Page 72, of the Records of the Johnson County Recorder's Office; Thence N84'36'40"E, 'along the Southerly Line of said Village Green Port X%'1, o distance of 397.40 feet; Thence Northeasterly, 60.45 feet, along sold Southerly Une on o 700.00 foot radius curve, concave Northwestsly, whose 60.44 foot chord bears NO7'24'35"E; Thence NO4'56'OB"E, dang sold Southerly Lhe, 120.72 feet; Thence S85"03'52'F.., along sold Southsly Une, 60.00 feet; Thence NO4'56'O8"E, along sold Southerly LIne, 4.27 feet; Thence Northeasterly, 24.29 feet, along sold Southsly Line, on o 15.00 foot radius curve, concave Southeasterly, whose 21.72 foot chord be<re N51'19'36"E; Thence Southeasterly, 38.46 feel along said Southerly Line on a 350.00 foot radius curve, concave Southwestsly, whose 38.44 foot chord bears S79'08'05'E; Thence Southeasterly. 80.92 feet, along said Southsly Line on o 350.00 foot radius curve, concave Northeastsly, whose 80.74 foot chord bears S82'36'37"E; Thence S89'14'01'E, along sold Southsly Une, 25.00 feet, to o Point on the Westarty Right of Way of Scott Boulevard and o Point on the Easterly Line of Outlot "A' of sold Village Green Port XV; Thence S00'45'59"W, along sold Wentsly and Easterly Une, 949.12 feel to the Point of Beginning, Sold Tract of Land conbins 15.16 acres, more or lees, and is subject to easements and restrictions of record, WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. 99-375 Page 2 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. 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 9th day of ATTEST:C~ )~. It was moved by Thornberry adopted, and upon roll call there were: and seconded by November ,1999. A db rney's ~ Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes\villxvii,doc STAFF REPORT To: Planning & Zoning Commission Item: SUB99-0023. Village Green, Part XVII. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Prepared by: Robert Miklo Date: October 21, 1999 Village Partners c/o Franz Construction Co. 325 Third Street Iowa City, IA 52245 Phone: 338-7923 Final plat approval. To allow the development of 18 residential units. South of Wellington Drive and west of Scott Boulevard. 15.16 acres (Outlot A 8.7 acres) Undeveloped, RS-5 North: East: South: West: Residential and vacant, RS-5 Vacant, RS-5 Residential and vacant, OPDH-5 and RS-5 Residential, OPDH-5 Residential, 2-8 dwelling units per acre. September 29, 1999 November 13, 1999 November 28, 1998 City water and sewer will be provided. Municipal police and fire services will be provided. Private refuse service will be necessary. Transit service is available at the intersection of Wayne Avenue and Village Road via the Towncrest route. 2 Physical characteristics: This property is generally flat and until recently was farmed. Sensitive Areas Ordinance: A storm water detention basin has been built in the stream corridor. The stream corridor was altered as part of the construction of a storm water basin to the west. Hydric soils are located on Outlot A. BACKGROUND INFORMATION: The City approved the rezoning from RS-5 to OPDH-5 and the preliminary plat for Village Green, Part XVI and XVII in December 1998. The final plat for Part XVI was approved in January 1999. The applicant has now requested final plat approval of Lots 46 and 47 of Village Green, Part XVII. The final plat also includes Outlot A, which is designated for future development. ANALYSIS: The final plat as submitted is in compliance with the approved preliminary plat and the City's subdivision regulations. Legal papers and construction drawings have been submitted and are being reviewed by staff. These must be approved by the Public Works and City Attorney's office prior to Council consideration of the final plat. Outlot A is designated for future development. Prior to its development a preliminary plat and OPDH rezoning may be necessary. At that time provisions for developing within the area of hydric soils will be required. STAFF RECOMMENDATION: Staff recommends that the final plat of Village Green, Part XVII, be approved subject to legal papers and construction drawings being approved by staff prior to Council consideration. Approved by: ~ Karin Franklin, Director f Planning & Community Development Attachments: 1. Location map 2. Final plat ppdadmin\stfrep\980029rm,doc CITY OF IO~ CITY -rn_,--- L_J_L I 1- - :z_: .~;, 20 __ IqRAIIFQRD DR1VE ,---. pN~X~EW ' PARK PDH 5 PROCTOR &: GAMBLE I1 POHD -- COURT _ / \, / '// ' GENERAL MILLS // '// TECHNOLOGY AUTOMOI'IVE SITE LOCATION: Village Green, Part XVII SUB99-0023 final plat village green part xvii village green part 17 STAFF REPORT To: Planning and Zoning Commission Item: SUB99-0014. Windsor Ridge, Parts 10-14 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: July 15, 1999 Arlington, UC. 586 Highway 1 West Iowa City, Iowa 52246 Phone: 351-8811 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 72-1ot residential and commercial subdivision with seven outlots. South of Court Street, west of Taft Avenue 62.25 acres Vacant, RS-5, RS-8, CN-1 North: East: South: West: Vacant, RS-5 and RM-12; Agricultural, A1; Residential, RS-5; Park and vacant, P and ID-RS. Residential, 2-8 du/acre; neighborhood center Chapter 14-7, Land Subdivisions June 11, 1999 July 26, 1999 August 1 O, 1999 2 BACKGROUND INFORMATION: The applicant, Arlington, L.C., is requesting final plats of Windsor Ridge, Parts 10-14. The total area being platted includes 62.25 acres, and is to include 69 single-family lots, two lots intended for multi-family development, one lot for a neighborhood commercial development, and seven outlots. The platting of parts 10-14 will complete the subdivision of the applicant's property to the south of Court Street. The preliminary plat for this area was approved in September of 1997. ANALYSIS: The proposed final plats are consistent with the approved preliminary plat for this property in terms of the lot layout, street configuration, and the number of lots being proposed, with a few exceptions. There are some deviations within the notes and other errors and missing information that will need to be corrected prior to approval of the plat. Staff recommends deferral pending resolution of these items. Legal papers and construction drawings are under review, and will have to be approved by staff prior to City Council consideration of the plats. The final plats have been submitted as one application, but on five different drawings: · Part 10 includes 32 single-family lots and three outlots. It includes the platting of a new street, Dryden Court, and the extension of two existing streets, Huntington Drive and Court Street. Outlot K contains a stream corridor, Outlot Q is to provide for a trail connection between Dryden Court and a proposed neighborhood commercial zone east of Huntington Drive, and Outlot M is an open space within the Dryden Court cul-de-sac. The plan indicates that Outlot M will be maintained by a homeowners association. There is an inconsistency on the plat regarding Outlot K that will need to be corrected before the Commission votes on this plat. The plat indicates that it is to be dedicated to the City, but the notes on the plat indicate that it will be owned and maintained by a homeowners association. Staff recommends against acceptance of the outlot by the City (see discussion below). Notes on the plat restrict direct vehicular access from lot 196 to Court Street, and from lots 197 and 220 to Arlington Drive. · Part 11 includes 37 single-family lots and two outlots. Two new streets are proposed, Cumberland Lane and Buckingham Lane, as well as the extension of a small section of Arlington Drive. Outlots R and S would provide for a pedestrian trail from this portion of the neighborhood to a proposed trail within Outlot J to the north of this section. Notes on the plat restrict direct vehicular access from lots 237 and 257 to Arlington Drive. A temporary turnaround easement for emergency and service vehicles is provided on the plat at the end of Cumberland Lane. It appears that the plat for Part 11 is in technical compliance and is ready to be voted on. · Part 12 contains one multi-family development parcel and Outlot J, which will be dedicated to the City for open space. The Commission recently reviewed and recommended approval of a preliminary Planned Development Housing Overlay plan for this parcel. Outlot J is to include a trail leading from Arlington Drive west to Scott Park. An easement for the proposed trail on Outlot J will need to be added to the plat, since the trail will be developed and likely open for use prior to acceptance of Outlot J by the City. · Part 13 contains one multi-family development parcel and Outlot O, a "town square" type of open space that is proposed to be dedicated to the City. The Commission is currently reviewing a preliminary Planned Development Housing Overlay plan for this property. The applicant is proposing that Cardigan Lane, originally proposed as a private drive along the north side of Lot 259, become a dedicated public street. This is a deviation from the approved preliminary plat and, as noted in the July 9 staff memorandum regarding the preliminary PDH plan for this parcel, staff recommends that the City not accept this as a public street. The plat should be revised to include this area within Lot 259 or as a separate outlot to be owned and maintained by a homeowners' association. A watermain easement is also missing from the plat in this area. If the Commission is inclined to accept Cardigan Lane as a public street, it should be shown properly as a street on the plat, and may necessitate a new preliminary plat for Part 13. Part 13 also includes the dedication of right-of-way along Taft Avenue, as needed for the future improvement of that street. · Part 14 includes one development parcel and the extension of Court Street east to Taft Avenue. Lot 260 is zoned for neighborhood commercial development. The dedication of right-of-way for the future improvement of Taft Avenue is also provided for in Part 14. A note restricting access from Lot 240 to Taft Avenue is included on the plat. It appears that Part 14 is in technical compliance and is ready to be voted on. The legal papers for Part 14 should also note that the City is not obligated to allow more than one curb cut onto Court Street for Lot 260. Subdivision Phasing: For some reason, the boundaries of the phases being proposed have changed from the preliminary plat. For instance, Outlot J was previously included in Part 11, and is now included in Part 12, and a portion of Arlington Drive previously included within Part 10 is now included in Part 11. Although these are variations from the approved preliminary plat, they should result in no changes to the design and configuration of the development. The numbers attached to the phases within the subdivision do not necessarily mean that they will be developed in that order. They do detail the developer's responsibility for public improvements associated with the development of specific sections of the property, however. Open Space Issues: The proposed plats contain a total of seven outlots. Outlot M, which is an area within the Dryden Court cul-de-sac (Part 10), is to be maintained by a homeowners association. All of the others are proposed to be dedicated to the City, although there are inconsistencies on the plat regarding Outlot K, as noted above. The preliminary plat indicated that Outlot J would be accepted as a public open space. It will contain a trail from Arlington Drive west to Scott Park. Outlot O is a "town square" type of open space that would be appropriate for acceptance by the City. Outlots Q, R and S are small outlots that will help complete the neighborhood pedestrian circulation system. Each is to contain a segment of the trail system that is being developed within the neighborhood. As noted on the preliminary plat, they are to be dedicated to the City. Maintenance of the trail segments on these outlots will be the responsibility of the adjacent property owners. The trails in these areas, and on Outlot K leading from Dryden Court north to Court Street, should be constructed along with the street improvements to ensure that adjacent future property owners are aware of their location when they purchase their lots. When the preliminary plat was being considered, the applicant indicated that a pond may be constructed on Outlot K, although details regarding the pond were not provided. The applicant also indicated that the area was to be dedicated to the City as an open space area. Because no details were provided regarding the size and design of the pond, the preliminary plat indicated that the City would determine at the time of final plat approval whether or not it would accept this dedication. The applicant is again proposing the dedication of this outlot and a proposed pond. Staff recommends that this outlot be owned and maintained by the homeowners' association. There appears to be little public benefit associated with the acceptance of this outlot. The City has already agreed to assume the ownership and maintenance of a substantial amount of property within this subdivision. This parcel contains only a small segment of trail connecting from Dryden Court out to Court Street. The proposed pond is not required for storm water management, but is mainly an aesthetic amenity to help beautify the entrance to this development off of Court Street. Staff feels that it would be most appropriate for this outlot to be controlled and maintained by the homeowners' association. Sensitive Areas Ordinance: The proposed pond also raises Sensitive Areas Ordinance (SAO) questions. The stream that would be dammed and excavated to create the pond is a stream corridor. The SAO allows "essential public utilities" to be located within a sensitive area and buffer, and typically a storm water detention facility would qualify. However, in this case Scott Park provides for the storm water management for most of this development, and storm water management is not required. Therefore, it is hard to argue that a pond in this location would be an "essential public utility." On the other hand, a pond in this location, if designed appropriately, would still provide some storm water management benefits, could help improve water quality along the stream corridor, and could result in an improved habitat area - consistent with the intent of the SAO. As recommended with other applications, staff feels that the proposed pond could be justified under the SAO if efforts are made to replace or improve upon the environmental quality of the current stream corridor. This may involve the planting of a buffer strip of native vegetation around the pond and the creation of a "natural" pond edge. Turf grass leading to a rip-rap lined pond, for instance, would not be an acceptable solution. Staff recommends that the pond either be removed from the plans (it is illustrated on the grading plan), or that a revised sensitive areas site plan for Outlot K be submitted and approved by staff prior to Council consideration of the plat. Sidewalks: All streets within the subdivision will have 4-foot wide sidewalks on both sides of the street, with a few exceptions. Along Outlot M, within the Dryden Court cul-de-sac (Part 10), there is no need for a sidewalk within the interior of the cul-de-sac. Also, there will be an 8-foot wide sidewalk along the south side of Court Street, along the west side of Arlington Drive from Court Street south to the trail within Outlot J, and along the east side of Huntington Drive from Cardigan Lane north to Court Street. This will provide for an adequate connection between both the trail and the town square to the wide sidewalk along Court Street. The developer is responsible for installation of all sidewalks adjacent to outlot frontages at the time of the development of the street improvements within the subdivision. STAFF RECOMMENDATION: Staff recommends that SUB99-0014 be deferred pending the correction of deficiencies identified with the plats. Upon resolution of these items, staff recommends that the request for final plats of Windsor Ridge, Parts 10-14, a 72-1ot mixed use subdivision with seven outlots located south of Court Street, west of Taft Avenue, be approved, subject to the following: 5 1. The approval of legal papers and construction drawings prior to City Council consideration of the plat, and 2. The approval of a revised sensitive areas site plan for Outlot K, or the removal of the proposed pond from the grading plan, and 3. Cardigan Lane being designated as a private street to be maintained by a homeowners' association rather than being dedicated as a public street. DEFICIENCIES AND DISCREPANCIES: Part 10: Clarification is needed regarding the dedication of Outlot K. The culvert easement south of Court Street should be labeled as a 50' culvert easement. The Dryden Court and Arlington Drive frontages of Outlot K are missing from the notes indicating areas that the developer is responsible for installation of the sidewalks. Part 12: A trail easement should be included on Outlot J. Notes regarding the location of 8' vs. 4' sidewalks need clarification. Part 13: Cardigan Lane should be a private street within a public access easement, either on its own outlot or included within Lot 259· The note regarding access to Taft Avenue may need to be clarified depending on how this issue is addressed. ATTACHMENTS: 1. Location map. 2. Subdivision phase illustration. 3. Final plats, Windsor Ridge, Parts 10-14.. 4. Preliminary plat, Windsor Ridge, Parts 9-14. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IO~A CITY COURT ST .., ~: . ~ / ~o .... -~-__~., I' LOCATION MAP: Windsor Ridge Parts 10-14 SUB99-001 4 r Final tllinbsGr Ilibgt Iowa Plat -- Iowa City, M8 HIIh~my I West Iowa CIty, Iowa OWNKItS ATIORNEY 122 S Llnn Strut Iowa City, Iowa 1S4. NOTES: LEGEND AND NOTES 2s. aT* 148 / · PLAT/PlaN APPROVE[I by the City of Iowa r Final Plat, Iowa City, Iowa pLAT PREPARCh BY: OWNER/SUBDIVIDEI~ OWNEWS ATTORNEY MMS CONSULTANTS INC. Arlington l,C. Doullu Ruppert 1917 SOUTH GILBERT ST. 588 HighMay I West 122 S Llnn Street IOWA CITY, IOW~ 52240 Iowa City, Iowa Iowa City, Iowa ......... T,- ..... 245'244 24.1' 2~' 2~' 228 2~ 2~ 2~ ~2 2~ 2~ 2~ LEGEND AND NOTES EI~0R OF CLOSLIR[ fS LESS 114N4 I FOOT iN 20,000 FEET --? 50.01' // CI4 · Final Plat tllinbsar t!libge - 9art {XwHue Iowa City, Iowa PLAT pRL~PAp~II BY:OWNER/SUBDIVIDEIt:OWN~B ATFORNRY HII8 CONSULTANTS INC.Arlinlton LC. Doullu Ruppert 1917 80l)114 GILBBRT 81'.r~ HIIh~my I Vat1~2 S finn Bract IOWA CITY, lOW& 5~40Iowa City, Iowa Iom~ City. Iowa LEGEND AND NOTES CURVE CUR~ DELTA RADIUS .ENG1HTANGENTCHORDBEARING NOTES: 2. STREET 90EWALKS ~4ALL 8[ FRO1R0~D BY ~lE DEV[LOPER AT THE IrCl. LOtWlG A.} ALONG ~1[ NtLINGTON DRIIIE FRONTA(~ 0t OU/!.OT °J' C.) ALONG IHr ARLINGTON DRIVE OF 0UTLOT 'K', LOCATE0 IN MMOSOR RIOG~ PLAT/PLAN APPROV~D by the City of Iowa City Final Plat LEGEND AND NOTES Ilinbsar itib 9art 1Xl?irb n City Iowa , Iowa P~T PR~P~n BY: O~E~UBDI~E~ O~S A~ ............. IOWA C~, mW~ ~40 ~ City. Io~ 1o~ City, 1'-~ CURV~ TABLE CURVE DELLA RADIUS ~O..IrAN(~N'r CHORD BEARING LENGTH CI 13~0'10" 549,20' 124.37' N31~*15"E 124.64' 62.~g' NOTES: L ALL PROPOSED ELECTRICAL TELEPHONE ANO CABL[ TELE'IqSION $E:RVIC~ AND DISTRIBUTION LINES SHALL B[ INSTALLED UND6RGROUND. '~:;"%:'?" ; OUTLOT '0' "' B '"' ' s "~ ' ~ :' ' ~ O~f~ 205.09 feet, to the NortheDit Corner of ~ndsor Ridge, Port Nine " ' "" "' " ' """ "' ~ l~ Hiii ~ 6,61 ocres Final PlaiL linbsar ]fibg - ]Jar{ laurtffn Iowa City, Iowa plAT ppS~PAp,~n BY:OWNER/~3blDIRDEI~OIINER'S A~ M~ CO~ULTA~ INC. A~iq~n LC ~hs Rup~ 1917 ~ Gl~ ~, ~ H~y I ~t 122 S Unn 9~t ~WA C~, lOW& ~ b~ City, ~ ~m City, ~ I 'i LEGEND AND NOTES I certify thot during the month of May, 1999, at the direction of Arlington L.C., a survey was mode under my supervision of o Portion of the Northeost Quarter of the Northeast Quarter of Section 18, end o Portio~ of the Southeoet Quarter of the Southeast Quarter of Sectio~ 7, dl in Township 79 North, Range 5 west, of the Fifth Principal Marlallan, Iowa City, Johnson County, Iowa, the bounderlos of which ore described as follows: Beginning at the Northeast Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 west, of the Fifth Principal Marlallan; Thence S00'23'59"E, along the East Line of said Northeast Quarter, 471 36 feet Thence S89 41' 2"W, 307.67 feet; Thence N00'23 59'W, 320.27 feet; Thence S80'02'11"W, 361.67 feet; Thence NO3'45'29"E, 233,72 feet; Thence Northeasterly, 38.60 feet, along o 25.00 foot radius curve, concave S~utheasterly, whose 34.88 foot chord mrs N4T59'36"E; Thence NO2'13'42"E, 55.00 feet; Thence Southeasterly, 108.63 feet, alan9 a 1950,00 fo~t rodlus curve, concave Northeasterly, whose 108.62 foot chord beers S89'22'04'E; Thence N89'O2*ll"E, 441.82 feet; 1hence N~'theosterly, 39.29 feet, along o 25.00 foot radius curve, concovva Northwesterly, whose 35.3? foot chord bears N44'Ol*Og'E; thence N89'OO'O6"E, 45.00 feet, to o Point off the East Line of the Southeast Quarter of Section ?, Township> 79 North Range 5 Wesl, of the Fifth Principal Meridian; Thence 500"59 54 E, along said East Line, 215.12 feet, to the Point of Beginning, Sold Tract of land c~,qtoins 7,35 acres, more Or less, and is subject to easements md restrictlofts of recOrd. PLAT/PLAN APpROVCD by the City of Iowa City ii iiI ;r ~ine Iowa ~irvurteen Ii !i ETA CITY. IA LOCA~ONMAPNOTTO SCALE Sent by; MMS CONSULTANTS, INC. i%, C~T_Y OF IOWA CIT At: gG56500g 3193518470; 11/08/99 4;30PM;JeIFaX #226;Page 1/t FAX MEMO TO: Karin Franklin, dir PPD DATE: 11108/99 RE: Windsor Ridge. Parts Ten, Eleven, Twelve, Thirteen and Fourteen. (Items 6e, 6f, 6g, 6h, 6i on the November 9th Council Agenda) FROM: Larry R 5chni~jer MMS ConsultanLs, Inc The applicant, Arlington LLC, is requesting that the above agenda items be deferred unl~il your next regular council meeting. MMS has been directed 1~o remove three lots and redistribute the resulting additional street frontage, within Windsor Ridge, Part Eleven. This will necessitate renumDering of the subdivision lots in Pa~s Eleven through Fourteen, and some minor revisions to the construction plans. we anticipate that these revisions may be completed and reviewed by staff in time for the council's next regular meeting. If you have any questions regarding the above, please feel free to  e accordingly. Larry II 11-09-99 6e Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART TEN, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Ten, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the North One-half of the Northeast Quarter of Section 18, and a portion of the South One-half of the Southeast Quarter of Section 7, all in Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89°12'04'M/, along the North Line of said Northeast Quarter, 657.26 feet, to the Point of Beginning; Thence S03°45'29"W, 261.38 feet; Thence Southwesterly, 324.44 feet, along a 549.20 foot radius curve, concave Northwesterly, whose 319.74 foot chord bears S20°40'55"W; Thence S37036'20"W, 29.87 feet, to a Point on the North Line of Windsor Ridge, Part Nine, in accordance with the plat thereof Recorded in Plat Book 40, at page 42, of the records of the Johnson County Recorder's Office; Thence N52023'40"W, along said North Line 60.00 feet; Thence S37°36'20"W, along said North Line 8.00 feet; Thence N52°23'40"W along said North Line 136.49 feet: Thence S37°36'20"W, along said North Line, 154.36 feet; Thence S45°48'36'' W, along said North Line, 127.25 feet; Thence S74°13'41"W, along said North Line, 117.69 feet; Thence N88°31 '45"W, along said North Line, 115.60 feet; Thence N72°03'18"W, along said North Line, 155.38 feet; Thence N75°46'34"W, along said North Line 194.63 feet; Thence N14013'26"E, 120.49 feet; Thence Northeasterly, 27.23 feet, along a 570.00 foot radius curve, concave Southeasterly, whose 27.22 foot chord bears N15°35'32"E; Thence Northeasterly, 41.57 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 36.94 foot chord bears N64°35'33"E; Thence N19°12'52"E, 50.07 feet; Thence Northwesterly, 38.24 feet, along a 25.00 foot radius curve, concave Northeasterly, whose 34.62 foot chord bears N23°57'10"W; Thence Northeasterly, 363.86 feet, along a 630.00 foot radius curve, concave Northwesterly whose 358.82 foot chord bears N03°19'27"E; Thence Northwesterly, 155.62 feet, along a 466.97 foot radius curve, concave Northeasterly, whose 154.90 foot chord bears N03°40'27"W; Thence N05°52'22"E, 102.87 feet; Thence Northeasterly, 39.81 feet, along a 25.00 foot radius curve, concave Southeasterly whose 35.74 foot chord bears N51 °29'36"E; Thence N07°06'50"E, 85.00 feet; Thence Southeasterly, 310.21 feet, along a 2926.05 foot radius curve, concave Southwesterly, whose 310.07 foot chord bears S79°50'56"E; Thence S76°48'42"E; 293.93 feet; Thence Southeasterly, 373.02 feet, along a 1950.00 foot radius curve, concave Northeasterly, whose 372.45 feet chord bears S82017'30"E; Thence S02013'42"W, 85.00 feet; Thence Southwesterly, 38.60 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 34.88 foot chord bears S47°59'36"W; Thence S03°45'29"W, 65.34 feet, to the Point of Beginning. Said tract of land contains 19.40 acres, more or less, and is subject to easements and restrictions 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 and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1999. MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: ppdad min\res\windd 10.doc AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART ELEVEN, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Eleven, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Northwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Northwest Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°26'13"E, along the west line of said Northeast Quarter, 372.72 feet, to the Point of Beginning; Thence N89°42'53"E, 814.95 feet; Thence S66°40'23"E, 119.11 feet; Thence Northeasterly, 34.39 feet, along a 570.00 foot radius curve, concave Southeasterly, whose 34.39 foot chord bears N21°35'55"E; Thence S70°07'48"E, 60.00 feet; Thence Southeasterly, 38.24 feet, along a 25.00 foot radius curve, concave Northeasterly, whose 34.62 foot chord bears S23°57'10"E; Thence S19°12'52'M/, 50.07 feet; Thence Southwesterly, 41.57 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 36.94 foot chord bears S64°35'33'~N; Thence Southwesterly, 27.23 feet, along a 570.00 foot radius curve, concave Southeasterly, whose 27.22 foot chord bears S15°35'32"W; Thence S14°13'26"W, 120.49 feet, to a point on the North Line of Windsor Ridge, Part Nine, in accordance with the Plat thereof recorded in Plat Book 40, at Page 42, of the records of the Johnson County Recorder's Office; Thence N75°46'34"W, along said North Line, 60.00 feet; Thence S14°13'26"W, along said North Line, 110.00 feet; Thence N75°46'34"W, along said North Line, 92.78 feet, to the Northwest Corner of said Windsor Ridge, Part Nine, Thence S13°15'56"W, along the West Line of said Windsor Ridge, Part Nine, a distance of 152.57 feet: Thence Northwesterly ~.40 feet, ~long said West Line, on a 375.00 foot radius curve, concave Southwesterly, whose 5.40 foot chord bears N77°08'49"W, Thence S12026'25"W, along said West Line, 190.83 feet, to the Southwest corner of said Windsor Ridge, Part Nine, and a Point on the North Line of Lot 102 Windsor Ridge, Part Seven, in accordance with the Plat thereof recorded in Plat Book 36, at Page 310 of the records of the Johnson County Recorder's Office; Thence N75046'34"W, along said North Line, 8.31 feet; Thence N88°47'23"W, along said North Line, 125.23 feet, to the Northwest Corner thereof, and the Northeast Corner of Far Horizons Subdivision, in accordance with the Plat thereof Recorded in Plat Book 9, At Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53"W, along the North Line of said Far Horizons, and the Westerly projection thereof, 525.83 feet, to its intersection with the West Line of said Northeast Quarter of Section 18; Thence N00°26'13"W, along said West Line, 670.00 feet, to the Point of Beginning. Said tract of land contains 12.58 acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1999. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornber~ Vanderhoef ppdadminVes\winddl 1 .doc 6g Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART TWELVE, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Twelve, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Northwest Quarter of the Northeast Quarter of Section 18, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 7, all in Township 79 North, Rage 5 West, of the Fifth Principal Meridian; Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northwest Comer of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°29'10"W, along the West Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, 261.42 feet; Thence N79°41'30"E, 175.21 feet; Thence Northeasterly, 889,75 feet, along a 2926.05 foot radius curve, concave Southeasterly, whose 886.32 foot chord bears N88°24'10"E; Thence S07°06'50"W, 85.00 feet; Thence Southwesterly, 39.81 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.74 foot chord bears S51 °29'36'M/; Thence S05°52'22'~/, 102.87 feet; Thence Southeasterly, 155.62 feet, along a 466.97 foot radius curve, concave Northeasterly, whose 154.90 foot chord bears S03°40'27"E; Thence Southwesterly 363.86 feet, along a 630.00 foot radius curve, concave Northwesterly, whose 358.82 foot chord bears S03°19'27"W; Thence N70°07'48'M/, 60.00 feet; Thence Southwesterly, 34.39 feet, along a 570.00 foot radius curve, concave Southeasterly, whose 34.39 foot chord bears S21 °35'55"W; Thence N66°40'23"W, 119.11 feet; Thence S89°42'53"W, 814.95 feet, to a Point on the West Line of the Northeast Quarter of said Section 18; Thence N00°26'13'~N, along said West Line, 372.72 feet, to the Point of Beginning. Said Tract of land contains 16.30 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the flee 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, Resolution No. Page 2 IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, am 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 MAYOR It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin\res\windril 2.doc Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART THIRTEEN, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Thirteen, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Northeast Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Northeast Comer of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°23'59"E, along the East Line of said Northeast Quarter, 471.36 feet, to the Point of Beginning; Thence continuing S00°23'59"E, along said East Line, 205.09 feet, to the Northeast Corner of Windsor Ridge, Part Nine, in accordance with the plat thereof Recorded in Plat Book 40, at Page 42, of the records of the Johnson County Recorder's Office; Thence S89°41'12"W, along the North Line of said Windsor Ridge, Part Nine, a distance of 558.36 feet; Thence S52°07'00"W, along said North Line, 127.02 feet; Thence Northwesterly, 209.39 feet, along said North Line, on a 863.72 foot radius curve, concave Southwesterly, whose 208.88 foot chord bears N44°49'43"W; Thence Northwesterly, 39.00 feet, along said North Line, on a 25.00 foot radius curve, concave Northeasterly, whose 35.16 foot chord bears N07°05'03"W; Thence N37°36'20"E, 29.87 feet; Thence Northeasterly, 324.44 feet along a 549.20 foot radius curve, concave Northwesterly, whose 319.74 foot chord bears N20°40'55"E; Thence N03°45'29"E, 93.00 feet; Thence N89°02'11"E, 361.67 feet; Thence S00°23'59"E, 320.27 feet; Thence N89°41 '12"E, 307.67 feet, to the Point of Beginning. Said Tract of land contains 6.61 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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: Resolution No. Page 2 The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1999. A'i'I'EST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR // 7 and seconded by AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin\res\windril 3.doc   11-09-99 B 6i Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART FOURTEEN, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Fourteen, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Northeast Quarter of the Northeast Quarter of Section 18, and a portion of the Southeast Quarter of the Southeast Quarter of Section 7, all in Township 79 North Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northeast Comer of the Northeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°23'59"E, along the East Line of said Northeast Quarter, 471.36 feet; Thence S89°41'12"W, 307.67 feet; Thence N00°23'59"W, 320.27 feet; Thence S89°02'11 "W, 361.67 feet; Thence N03°45'29"E, 233.72 feet; Thence Northeasterly, 38.60 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 34.88 foot chord bears N47°59'36"E; Thence N02°13'42"E, 85.00 feet; Thence Southeasterly, 108.63 feet, along a 1950.00 foot radius curve, concave Northeasterly, whose 108.62 foot chord bears S89°22'04"E; Thence N89°02'11"E, 441.82 feet; Thence Northeasterly, 39.29 feet, along a 25.00 foot radius curve, concave Northwesterly, whose 35.37 foot chord bears N44°01'09"E; Thence N89°00'06"E, 45.00 feet, to a Point on the East Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°59'54"E, along said East Line, 215.12 feet, to the Point of Beginning. Said Tract of land contains 7.35 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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: Resolution No. Page 2 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. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authodzed 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. ATI'EST: CITY CLERK MAYOR Appro~t~l,. b ;J//,~_~ City Att ~c 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 ppdadmin\res~winddl 4.doc Prepared by: Jim Schoenfelder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 99-376 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR TO THE COURT-LINN PROJECT AT 338-398 LINN STREET. WHEREAS, the applicant, Neumann Monson Architects on behalf of Kroeger-Tigges LC has filed an application for the design approval of the exterior design of the Court-Linn Building, hereafter "Project;" and WHEREAS, given that the project consists of new construction occurring on a parcel that was part of urban revitalization known as Section 36-20.5 Central Business Support Zone (CB-5) and subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after due deliberation has recommended the design of the project be accepted and approved, subject to the following conditions: 1. That the final design of any canopy and signage be submitted to the Design Review Committee for approval. 2. That the handmils and balcony rails used be one of the two alternative designs shown at the October 26, 1999 meeting or be of all vertical balusters and not the style shown on the overall elevations. WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the exterior of the Court-Linn Building be approved, subject to the following conditions: The final design of the canopy and signage be submitted to the Design Review Committee for approval. That the handmils and balcony mils used be one of the two alternative designs shown at the October 26, 1999 meeting or be of all vertical balusters and not the style shown on the overall elevations. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances· Resolution No. 99-376 Page 2 Passed and approved this 9th day of November ,1999. City Attorney's Office It was moved by Champ'ion and seconded by Thornberr.y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry x Vanderhoef pweng/resJcourtlinn.doc DESIGN REVIEW APPLICATION · Urban Renewal · Urban Revitalization · City Plaza Preliminary Review ~' Final Review (Check one) Address of Project: ~P~ - ~Z '/ J_;~f. c=p/. Name of Applicant: (~l.~9 P./~.--~/N ......... ~-~ Phone number: Address: ~ ~ ~-- ' Z-b- ~; CiW: J Name of Prop.~ Owner: ~,~.p-~~ L C Address: ~ 5 ~- ~~ ~ k ~IV~ city: Contact Person: ~~ ~~~ Project Description: State: I J<- Zip: Phone number: State: I ~r Zip: Phone number: ~2~'1 Project Time Schedule: Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis &site plan ~ Landscaping plan Building elevations Sectional drawings Drawings of proposed signsm Lighting plan Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal require- ment. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5044. (1)If project includes signs, applicant must also submit a sign application. Signature of Applicant: Date: ecodev\drcapp,ure COURT LINN BUILDING 338 SOUTH LINN STREET IOWA CITY, IOWA Z ..7., COURT ST, ~ ~ITE PLAN (~ ,E~X.,P..o.ANSION JOINT DETAIL NEUMANN MONSON PC 111 E {:;~}e Sl. Plma COURT-LINN BUILDING 8~ ~N C-101X1 I 2 3 4 (2~) EAET ELEVATION I II /,,-- icr, E-r NO'lEE INEUMANN MONSON PC COUFIT-LINN BUILDING EXTERIOR ELEVATIONS A-201X1 2 NORTH FLEVATION Iq E] El E1 (:~ c-~PUTH ELEVATION ]i INEUMANN MONSON Pc COURT-LINN BUILDING B EXTERIOR ELEVATIONS A-202X1 4- 5 1 Ii tr Ii ~fl If' U U i I KEY ~ BNEUMANN MONSON PC COURT'-LINN BUILDING / BUILDING SECTIONS A-203X1 5 11 -O9-99 8 Prepared by: Jim Schoenfelder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 99-377 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR TO THE QUIZNO'S PROJECT IN OLD CAPITOL MALL AT THE CLINTON AND COLLEGE STREET ENTRANCE. WHEREAS, the applicant, Madison Realty Co. on behalf of Old Capitol Mall has filed an application for the design approval of the exterior design of the Quizno's entrance in Old Capitol Mall, hereafter "Project;" and WHEREAS, given that the project consists of remodeling construction occurring on a building that was part of an urban renewal parcel subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after due deliberation has recommended the design of the project and proposed signage be accepted and approved. WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the exterior of the Quizno's in Old Capitol Mall and proposed signage be approved. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 9th day of ATTEST:CiT~L'E"~~RK ~,"~' '~/_~_) November ,1999. 'MAYOR Approved by , ..zx/za ' ,,//,, City Attorney's Office pweng/res/quizno.doc Resolution No. 99-377 Page ~ It was moved by Nnrton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef DESIGN REVIEW APPLICATION · Urban Renewal · Urban Revitalization · City Plaza · Preliminary Review )~ Final Review (Check one) Name of Prope~y Owner: ~AH~ ~ ~ Phone number: Address: City: State: Zip: Contact Person: , ~/t')l~ ~E~,/~/^eu~ Phone number: ~- Project Description: Project Time Schedule: Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis & site plan Building elevations Drawings of proposed signs{" Additional information (as provided by the applicant): Landscaping plan Sectional drawings Lighting plan Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal require- ment. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5044. (1)If project includes signs, applicant must also submit a sign application. Signature of Applicant: I L t--~2~.,~ Date: ecodev\drcapp.ure ",:FOR AGENCY ,USE ONLY Design Review Committee Actiota ~'~ . Recommend approval Recommend approval with conditions: Recommend disapproval City Councn Action: Approval Approval with conditions: "--"~ Denial DESIGN REVIEW COI~NITTEE I~eeting Notes Of Tuescla~ November 2, 1999 4:00 p.m, Lobby Conference Room Attend/ng: Absent: Pub#c: Lisa Mollenhauer, David 'Schoon, Bob Miklo, 3im Schoenfelder Tim Hennes 3ohn Shaw, Architect (Quizno's), Art Sweeting, Owner (Quizno's) Act/on: Recommended approval of the outside ramp and entrance configuration for Quizno's in Old Capitol Nail and proposed signage. 1,3,F--..V4 -'" ARCHITECT - JOHN F. SHAW, AIA 505 Washin&ton ,St. Suite 101 Iovnl City, k 52240 Grade b/'7' b"",, / 1N~) 5 t~ nf ~nnfer qq R.'~ ~rnde 8 ,~ewnlk EAST ELEVATION PROPOSED MODIFICATIONS SCALE: 3/16" = 1'-0" - O.C.M.- SOUTH OF iI EAST ENTRY MALL ARCHITECT - JOHN F. SHAW, AIA 505 Washington SL Suite 101 Iowa City, la. 52240 RAMP UP 19" STEP UP NORTH ELEVATION PROPOSED MODIFICATIONS SCALE: 3/16" -- 1'-0" - O.C.M.- SOUTH OF EAST ENTRY ARCHITECT · JOHN F. SHAW, AIA 505 Washinlton St. Suite 101 Iowa City, Is. 52240 Prepared by: Eleanor Dilkes, City Attorney_, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-378 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OLIN L. LLOYD FOR A 20.78 ACRE PARCEL OF REAL ESTATE TO BE USED BY THE CITY AS A PUBLIC WORKS SITE AND A .10 ACRE PARCEL OF RIGHT-OF-WAY, ALL ADJACENT TO GILBERT STREET AND SOUTH OF NAPOLEON PARK WHEREAS, City staff has negotiated a purchase agreement with Olin L. Lloyd for purchase of property adjacent to Gilbed Street and south of Napoleon Park for use as a public works site; and WHEREAS, said purchase agreement is subject to City Council approval; and WHEREAS, it is in the public interest of the City of Iowa City, Iowa, to purchase said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City, Iowa, that the attached purchase agreement between the City of Iowa City and Olin L. Lloyd for purchase of said property be approved. 2. The attached purchase agreement is approved as to form and content. Passed and approved this 9th ATTEST: CI day of November ,1999. MAYOR //- 2'. ¢¢ City Attorney's Office It was moved by Thor'nberf'.,v 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 eleanor\res\lloyd .doc OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Olin L. Lloyd, SELLER 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate Johnson County, Io~va, and legally-described as follows: 1. Auditor's Parcel 99084, a 20.78 acre parcel as described on the attached plat of survey of Auditor's Parcel 99084; and, 2. A .10 acre parcel of right-of-xvay as described on the attached Right-of-Way Acquisition Plat, 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: public use 2. PRICE. The purchase price shall be $420,000.00, payable at JOHNSON County, Iowa, as follows: purchase price to be paid in full upon possession and closing. REAL ESTATE TAXES. 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 his 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 I, 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 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. -2- 4. SPECIAL ASSESSMENTS. a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date 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 it desires, may obtain additional insurance to cover such risk. 6. CONDITION OF PROPERTY. a. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if 5 .a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 7. ENVIRONMENTAL MATTERS. Seller warrants, to the best of his 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: -3- 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 December 3, 1999, and 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, a~vnings, 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 his 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 its 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. 16. REMEDIES OF THE PARTIES. a, 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. b. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. 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 10:00 a.m. on November 4, 1999, it shall become void and all payments shall be repaid to the Buyer. 23. OTHER PROVISIONS. a, Attached hereto is a Plat of Survey of Auditor's Parcel 99093, a 2.00 acre parcel being retained by Seller. The City agrees to extend the infrastructure for City water and sewer to this site at the City's cost. Said agreement shall survive the delivery of a warranty deed hereunder. DATED: CITY OF IOWA CITY, IOWA, Buyer By: b. This Offer is subject to City Council approval on or before Wednesday, November 10, 1999. c. This purchase offer, if accepted by Seller, shall be in lieu of condemnation. S t ~A~ City Manager, City of Iowa City This offer is accepted It / 'J Taxpayer ID No. marym\land-acq\misc\lloydofr ADDENDUM TO OFFER TO BUY REAL ESTATE BETWEEN CITY OF IOWA CITY, BUYER & OLIN L. LLOYD, S~.,L3p..-_/' City shall allow seller ~n~s~r~J~access for ingress egress on South Gilbert Street for the two acres being retained by seller. I~ ~d~~ ~+~ ~'~]~/~Ul~& City shall install manhole for sewer line to the retalned two acre trac~. Location of manhole to be at City's discretion. Sellers' conveyance to City is subject to tenants' rights. Rent will be pro-rated through date of closing. Leases for the tenants will be assigned to City at closing. Tenants on the property are Wholesale Roofing, Advanced Drainage Systems and Concrete Walls. There is one sand point well on property located near the northwest corner of the building being rented by Advanced Drainage Systems. Offer wit~ Addendum/.~/ce ted is ~ / /j~Olin~L.- Lroydy day of November, 1999. Offer with addendum accepted by City of Iowa City, Iowa, Buyer this ~ day of November, 1999. CITY OF IOWA CITY, IOWA, Buyer by: ~he~/,~ City M ager, City of Iowa City, Iowa · 0 ~J _J 0 : z z 0 ACgUISITION PLAT LEGAL DESCRIPTION A PORTION OF AUDITOR'S PARCEL 'A', LOCATED IN SECTION 22, TOWNSHIP 79 NORTI-I, RANGE 6 W[ST OF THE F1FTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOffiSHIP 79 NORTH, RANGE 6 WEST OF THE RFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88'30'27"E, ALONG THE SOUTHERLY LINE, AND ITS WESTERLY EXTENSION THEREOF, OF AUDITOR'S PARCEL 'A', AS RECORDED IN PLAT BOOK AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA, AND THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1140.81 FEET, TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEI~ THENCE N25'3J/48"W, ALONG THE EASTERLY UNE OF SAID AUOITOR'S PARCEL, 280.61 FEET, TO THE POINT OF BEGINNING; THENCE S64'25'12'W, 17.00 FEET; THENCE N25'3(48'W, 265.00 FEET; THENCE N64'25'12"E, 17.00 FEET TO A POINT ON SAID EASTERLY UNE OF SAID AUDITOR'S PARCEI~ THENCE S25'34'48'E, ALONG SAID EASTERLY UNE, 265.00 FEET TO SAID POINT OF BEGINNING, CONTAINING 0.10 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGEND AND NDTF"S - ~S$IONAL CORNER, FDUND - CI)IGR'[SSII:INAL C(]RNER, REt:STAgLISHED A - CONGRESSIONAL CDRNER, RECIIRDED LDCATIDN · - PROPERTY CORNER(S), FOUND (as no~ced) 0 - PRIIPERTY (::I3RI~RS SET (5/8' Irorl Ph w/yeatow, p(o. stlc LS Cap efi~sed wfth 'HI4~' ) - PRDP[RTy I,/or !/JN/)ARY LINES C~SII3NAI. SECTION LINES -- - RIGHT-{IF-VAY LINES - EA~ LINES, VII)TH I, PURP(:~ NOTED .............................. DGSTING EA.~ LINES, PURPOSE NDTED (R) - R[CORI~rs I)IIr. NSII~ -HEA,,~I) I)IHENSIDNS Caa-I - CURVE SEGIt-NT I~E'R ERRfiR II CL[1SIJRE IS LESS THAN I IrOl]T IN 20J)O0 FEET u~l.RY F.A~BTS 9tALL IHCI.UOE ALL R. ATIED RIGHT-OF-WAYS AND ARE PROVIDED FOR GAS, ELEC1RICITY, TELEPHORE, T.V. CAliI. E %RSIOR, SANITARY SEWERS, WATER MAINS. AND STORM ~ ORAlNAG[. SOUTH 1/'~ COR. FSOEUChD22~;::~,,N PROPRIETOR: OLIN TIES REC. IN BOOK 3,t. PA~E 1 NOTE: TO BE DEDICATED TO THE CITY OF IOWA CITY FOR SOUTH GILBERT STREET RIGHT- OF- WAY. ACQUISITION = 0.10 ACRES 17.00' AUDITOR'S PARCEL "A" AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON My Ilce~s~ riflewoe ~:te hi Decernber 31.19 POINT OF BEGINNING ..... N88'~'O;'27"E"" XttO..,_ X ~ SEC. 22-79-6 F~ND SCM , ~ 33, PAGE 1 ~-~ , _ N88~27 E ~ F~ND 5/8' 1510.50' PIN ~C~ ~ t 70~ LLOYD ~outh line of the t~_ I/'~ co F- Z _J :D 7 0 C3 of) m Ld n bJ CL PROPRIETOR: OLIN LLOYD LEGEND AND NDTES ..... CBqGRESSII]NAL SIKCTION LINES .... LOT LII{S, PLATTED DR BY DIED .............. EASEN~NT LIN~S, VIDTH I. PURPOSE NOTED .......... EXISTIN~ EA$EHENT LINES, PURPOSE NOTEB ERROR OF CLOSURE IS LESS THAN ] F[X]T ZN 20,000 FEET LEGAL DESCRIPTION A PORRON of AUD ITOR'S PARGEL 'A', AS REC(]RGED IN PLAT BOOK .% AT PAGE 72, RECORDS OF .JOHNSON COUNTY, IOWA, ARO LOCATED IN THE SOUTHWEST QUARTER Of 1HE SOUTHEAST QUARTER Of SEC'IION 22, TOWN~IP 79 NOR]H, RANGE 6 VEST Of ll~E FIFIH PBNQPAL MERIDIAN, IOWA CffY, ,JOHNSON COUNTY. IOWA, THE BOUNDARIES Of WHICH ARE DESCRIBED AS FOLLOWS: COk4k4ENCINC AT THE SOU1HEAST CORNER Of AUDITOR'S PARCEL 'A', AS RECORDED IN PLAT BOOK ~, AT PAGE 72, RECORDS Of JOHNSON COUNTY, ~OWA; THENCE N25'34'48'W, AI.ORG THE ~LY UNE OF SAJD AUOffOR'S PARCEL. 280.61 FEET TO THE SOUTHEAST CORNER Of AN ^CQUISIllCH PLAT; THENCE S64'25'12'W, ALONG THE SOUTHERLY UNE Of SAID ACC~IISHION PLAT, 17.00 FEET, TO THE POINT OF 8E:(~NNING; 1HENCE CONTINUING S64'25'12'W, 60.00 FEET; THENCE SOUTHVES1ERLY, .315.08 FEET ALONG AN ARC Of A 1174.26 FOOT RADIUS CURVE_, CONCAVE NORTHVES'E~LY, WH(:~E .314.15 FOOT CHORD BEARS S72'06'24'W; 'n-IENCE NlO'I2'2.3'W, 2.31.26 FEET; THENCE N64'25'12'E, 310.OO FEET TO THE NORTHVEST CORNER Of SAID ACQLqS411OR REAT; THENCE S25'.34'48'E, ALONO THE WES1ERLY UNE Of SAD ACQUIS~llON PLAT, 265.00 FEET TO SAID POINT Of BEaNNING, CONTAININ(~ 2.00 ACRES, ~0 IS SUB,ECT TO EASEldENTS AND RESIRICTIONS OF REOORD. SOUTH 1/4 COR. SEC. 22-79-6 FOUND 5/8" PIN TIES REC. IN BOOK 35. PAGE 1 N88'30'27"E AUDITOR'8 PARCEL 99093 2.00 ACRES POINT BEGINNING RID PIN LS # 8165 DELTA=I 5'22'25" R=1174.26' L=315.08' CH=314.13' CB=S72'O6'24"W ~outh Iine of the ee I/~ GLEN D. MEISNER, P.E. & LS Io~o Lic. NO 8~1S5 ACQUISITION PLAT 17.00 FOOT STRIP ~ GRAPHIC SCAL~ IN k 1"=1~' \ \ POINT OF M NT'~. C0ld ENCEME FOUND 5/8' PIN W\CAP LS ~ 7036 Revision No & 10~21-99 505,418 f'=100' 0559172 .T%t%fgRV FOUND SCM ~ES REC. IN BOOK 53, PAGE 1 GRAPHIC SCALE ~ FE~7 l'=lo0' AUDITOR'S PARCEL / 97090 ! BOOK 39, PAGE 35 / i / !. PROPRIETOR:"', OLIN AUDITOR'S ,o~.o s/,' PARCEL 95107 w~cju:, AS RECORDED IN PLAT LS t 9t75BOOK 35, AT PAGE 308. / RECORDS OF JOHNSON COUNTY, IOWA / . · ': - ' LLOYD FOUN0 5/8') W~C,P AUDITOR'S PARCEL 99084 20.78 ACRES PREPARED BY: MMS CONSULTANTS INC. - 1917 S, GILBERT STREET - IOWA CITY, IOW~A, 52240 - (319)351-8282 LEGAL DESCRIPTION A POR'BON OF 'file SOUI'rl HALF OF S~C*~CN 22,, AND A POR1}0N ON THE NOF HALF OF S~C11ON 27, ALL N TOWNSHIP 79 NOR1H, RANC~ 6 VF...ST OF 11.( F'IF '~ PRINCIPAL MERIDIAN, 10WA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES RHiCH ARE DF...~BED AS FCU. OWS: BEGINNING AT 1HE SCUTH QUAR1ER ~ ~ ~CTION 22, TOffiSHIP 79 NON RANGE 6 WEST OF THE F1FrH PRINC3PAL MERIDIAN, JOHNSON COUNTY, IO~ THENCe: N88'30'27*E., ALONG THE SOUTHERLY UNE, AN0 ITS W~STER ~90N 'IHERE:OF, OF AU01TOR'S PARC!~ 'A°, AS REC(tIDE~ N PLAT BOOK AT PAG~ 72, RE~ OF JC3ffiSON CI3UNTY, IOWA, AND 11,( SOUTH .LINE OF T -'/ SOUTHEAST QUARI[R OF SAID S[C11ON 22, A DISTANC[ OF 1140.81 FEET, TO T SOUTHEAST CORNER OF SAID AUDITOR'S PARCEl.; THENCE: N25'34'4,8"W, \ \ THE EASTERLY UNE OF SAID AUDITCR'S PARCEL 280.61 FEET; THEN N25'34'48'W, 280.61 FEET; THENCE S64"25'12'W, 77.00 FEET; THEN, \ 50U1HWES"E:RLY, 315.08 F'EEF, ALONG AN ARC OF A 1174.26 FOOT RAD~JS CUR CONCAV~ NORTHW[STERLY, WHOSE 314.13 FOOT CHORD BEARS S72'06'24' h THENCE N10'12'23'W, 231.26 FEET; THENCE N64'25'12'E, 327. OO FEET, TO POINT ON 11-1E EASTERLY UNE OF SAD AUDITC~'S PARC~I.; THE]ICE N25'34'48' ALONG THE EAS'I'LRLY UNE OF SND AUDITOR'S PARCEL 905.14 FEET TO T SOLr',.~ CORNER OF AUDtTO~'S P~ J 97089, AS REC(3RO(D IN PLAT BO \ \ 38, AT PAG~ 230, RECORDS OF JOHNSON COUNTt', IOWA; THENC[ S~4"54'3T \ ALONG THE SOUTHERLY UNE OF SAID AUDITOR'S PARCEL 206,12 FEET; THEN SOUTHV~ES~Y, 95.61 FEET, ALONG THE S.NO SOUTHERLY UNE AND AN ARC \ A 970.00 FOOT RADIUS CURVE, CONCAVE SOUTHEAS'Fr_RLY, WHOS[ 95.57 FO CHC~D BEARS S62'05'11"W; '~ENCE S59'15'46°W, ALONG SAID SOUTHER  UNE, 336.64 FEET; '~IENC~ SOU'NWESI'~Y, 24.61 F"E[T ALONG SAID SCUI'HE~ UNE AND AN ARC OF A 220.00 FOOT RADIUS CURV[ CONCAVE SOU'11'F_AS'ER: WHOSE 24.60 FOOT CHORD B~ S56"03'28"W, TO THE 5OUTHV~ST CO~ SAID AUDITOR'S PARCEL; THENCE 537'C)O'21'E. ALONG THE WEST[R: \ LJNE OF AUDITOR'5 PARCEL J 95107, AS RECORDED IN PLAT BOOK 35, \ PACE 308, RECORDS OF JOHNSON COUNTY, 10WA, 176.19 FEET; THEN S72'26'47'E, ALONG SAJD WESTERLY UNE, 149.96 FEET; THENCE S08"13'O1' \ ALONC SAID WESERLY UNE, 153.79 FELT; THENCE N81'46'59'W, ALONG V~STERLY UNE, 45.00 FE~T; THENCE S08'13'01'W, ALONG SAID WESTERLY  546.61 FEET; THENC[ S29'55'50'W, ALONG SAID W~S'F_:.RLY UNE, 101.49 FE[ THENCE S88'30'19'W, ALONG SAID WES'ERLY LINE, 20,72 FEET; THEN 531'ST35*W, ALONG SAID WESTERLY UNE, 564.01 FEET, TO Tt' SOUTHWESTERLY CORNER OF SAID AUDITOR'S PARCEL; THENCE S58'02'25 \ ALONG THE SOUTHERLY LINE OF SA3D AU01TO~'S PARCEL, 60.00 FEET, TO T \ SOUTHEASTERLY CORNER OF SAJD AUDffOR'S PARCEL; THENCE N31'ST35 ALONG THE EASTERLY ItNE OF S/dO AUENTOR'S PARC[L; 5.51.74 FEET TO \ POINT OF BEGINNING, CONTAJNING 2Q.78 ACRES, AND tS 5UBJE TO EASEMENTS AND RESTRICTIONS OF RECORD. AREA TABLE .NW I,/4 :- SE 1/4, SEC, 22-79-6 = 0.01 ACRE SEC. 22-79-6 = 0.18 ACRES NE 1/4 - NW 1/4, SEC. 27-79-6 = 0.70 ACRES \ TOTAL AREA = 20,78 ACRES AUDITOR'S PARCEL 95106 AS RECORDED IN PLAT BOOK 35, AT PAGE 308. RECORDS OF JOHNSON COLI'qTv, IOWA POINT OF BEGINNING \1k 5~5'30'19%% ~' 6" t? 2'5'.72'~ % - ;, t~ SOUTH 1/4 COB. SEE. 22-?9-6 FOUND 5/8" PIN llES REC. IN BOOK 33, PAGE 1 LEGEND A A NSE'30'27"E PARCEL A AS RECORDED IN PLAT BC~K 33, AT PAGE 72. RECORDS OF JOHNSON COUNTY, IOWA -<~ \! k AND NDTES -- - EASEMENT LIMES, VIDTH & PURPOSE FISTED .......... EXISTING EASENENT LINES, PURPOSE ~IaTED (R) - RECDRDE:D DIMENSIONS (M) - NEASL~ED DIMENSIONS C2~-1 - CURVE ~EGMENT NUMBER UfiLESS NOTE]) DTI~]SL ~LL DIMEN~)I~ ARE IN FE[~ AND h~TMS ERRDR DF CLOSURE IS LESS THAN I FnnT IN 20,0OO FEET UllUTY EASE]~ENTS SHALl. INCLUDE AlL PLAllED RiGHT-OF-WAYS AND ARE PROVIDED FOR GAS. ELECTR&CITY. TELEPHONE. T,V. CABLE VIS~ON, SANITARY SEV~E:RS, WATER MAINS, AND STERN SEWER DRNNAGE. % r LOT CURVE BEG MENT TABLE t CUR~E~E RADIUS [ LENGTHCHORD BEARING DELTA 1174,26' 315,08' 314.13' S72'06'24"W 15'22'25' 3 220.00' 24.6f 24.60 ...... · hereby certify t~ot this lond surve)ing document was prepored ond the retoted Survey wctt~ was perfo~rn~ by me o~ under my direct GLEN D. MEISNER, P.E. & LS. lowo Lic. NO. 8165 My ,i¢.... ....., dote i. D Poges or sheets covered by this seol: PLAT OF SURVEY AUDITORS PARCEL 99 CONSULTANTS, . - 084 PORTION OF THE SOUTH HAI_2 OF SEC. 22-79-6, AND NC Iowa City, Iowa (319) 551-8282 .oz JOHNSON COUNTY IOWA <> ~..s~ ,~.,~.~ <> _, , ~ <> SITE AND LAND DEVELOPMENT PLANNING <> \ rou~q> 5/e' 1510.50' LS ~ ?o~ SOUlEAST CO~. SEC. 22-7g-6 ~ FOUND SC~ ~ES REC. ~N BOOK 33, PAGE 1 Prepared by: Eleanor Dilkes, City Attorney_, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CI ACRE PARCEL OF RIGHT-OF-WAY ALL ADJACENT TO GILBERT REET AND SOUTH OF NAPOLEON PARK ' WHEREAS, City staff has negotiated a purchase agreement with Olin Ioyd for purchase of property adjacent to Gilbert Street and south of Napoleon Park for use a a public works site; and WH , i '~~ 7~b ase said real estate for park land. ~., /; ' NOW, THEREFORE, BE IT RESOLVED BYeTHE CITeCOUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: "' 1. It is in the public interest of the City of Iowa Cit~owa that the a~ached purchase agreement between the City of Iowa City and Olin L. Lloy~.~or purchase of said prope~y be approved. 2. The a~ached purchase agreement is appr~d as td'form and content. Passed and approved this ~:, ,1999. It was moved by i/c/a adopted, and upon rol II there were: AYES: / / / eleanoAres~lloyd.doc MAYOR and seconded by NAYS: City Attorn~'s Office ',, the Resolution be ABSENT: Champion Kubby Lehman No~on O'Donnell Thornber~ Vanderhoef ATTEST: CITY CLERK Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-379 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE INDEMNITY AGREEMENTS FOR POLICE AND FIRE TRAINING ON PRIVATE PROPERTY. WHEREAS, some private property owners have indicated a willingness to allow police and fire personnel to conduct training on their property, provided the City of Iowa City agrees to indemnify the property owner against property damage or personal injury which could arise from the training; and WHEREAS, it is in the public interest for police officers and fire fighters to be able to train on private property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager, after consultation with the City Attorney and Risk Manager, is authorized to execute indemnity agreements for police and fire training on private property. Passed and approved this 9th day of November ,1999. ATTEST:C~ ~' City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: dennis/res/pol-tran.doc and seconded by AYES: X X X X X X X NAYS: O'Donnell the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 11-09-99 11 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 99-380 RESOLUTION RESCINDING THE 1997 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. WHEREAS, federal law mandates alcohol and controlled substance testing programs for commercial drivers be developed; and WHEREAS, Resolution No. 97-309, adopted by the City Council on September 9, 1997, established the existing Commercial Driver's License Substance Abuse Prevention Program for drugs and alcohol; and WHEREAS, following the Triennial Review by the Federal Transit Administration changes were required to fully meet the FTA criteria for such programs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol established by Resolution No. 97-309 is hereby rescinded. The Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol attached to this resolution and by this reference made a part hereof are hereby established and adopted. Passed and approved this 9th ATTEST:C~ ~. It was moved by Vande~'hoef adopted, and upon roll call there were: AYES: x X X X X X X day of November' ,19 99 ' - IJIuv"~ and seconded ~biN~t~,~~he Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef NAYS: humanrel\res\cdl.doc COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL 11/99 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL TABLE OF CONTENTS SECTIONS 1 Purpose and Construction ..............................................................................................1 2 Applicability ..............................................................................................................1-2 3 Effect of Use, Refusal or Failure ....................................................................................2 4 Safety-Sensitive Function ............................................................................................2-3 5 Prohibited Conduct ....................................................................................................3-4 6 Types of Drug Testing .................................................................................................4-8 7 Drug Testing Procedures ...........................................................................................8-14 8 Alcohol Testing Procedures ....................................................................................14-21 9 Information and Training ........................................................................................21-22 10 Employee Referral, Evaluation and Treatment .........................................................22-23 11 Recordkeeping .......................................................................................................23-28 12 Access to Facilities and Records ..................................................................................28 APPENDICES A Employer's Substance Abuse Policy B Employee Positions Subject to Drug Testing Under 49 CFR Part 382 (FHWA) C Employee Positions Subject to Drug Testing Under 49 CFR Parts 653 and 654 (FTA) D Personnel Subject to Training Under 49 CFR Part 382 (FHWA) E Personnel Subject to Training Under 49 CFR Parts 653 and 654 (FTA) F Breath Alcohol Testing Form G Effects of Alcohol and Drug Use 11/99 SECTION 1. PURPOSE AND CONSTRUCTION This document describes the City of Iowa City's Substance Abuse Prevention Program for certain personnel required to hold a Commercial Drivers License. The purpose of the program is to establish procedures for the administration of the Department of Transportation (DOT) substance abuse prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CFR), Part 382. Part 382 requires employers to implement substance abuse prevention programs if they employ personnel who operate commercial motor vehicles and who are required to have commercial drivers' licenses. This program will be administered in a manner which respects the integrity and privacy of employees to the greatest extent possible. The contact person for this policy is: Sylvia Mejia Personnel Administrator City of Iowa City 410 E. Washington Street Iowa City, Iowa 356-5026 SECTION 2. APPLICABILITY The City has employees who drive commercial motor vehicles and who are required to have a commercial drivers' license. Employees who use a commercial motor vehicle and who are required to have a Commercial Driver's License are subject to this program effective January 1, 1995. A list of positions subject to drug and alcohol testing is attached as Appendix B. Employees and prospective employees shall be tested in accordance with requirements of the Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CFR), Part 382 and Part 40. For the purposes of this program, commercial motor vehicles include: A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed unit with a gross weight of 10,000 pounds; or b. A motor vehicle designed to transport 16 or more passengers, including the driver; or A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR Part 1 72, subpart F). The following categories of employees are exempt from the CDL drug and alcohol testing program. Mass transit employees subject to Federal Transit Authority drug and alcohol testing under 40 CFR Parts 653 and 654. These employees become subject to this policy on January 1, 1996 subject to the regulatory requirements of 49 CFR, Parts 653 and 654. A list of positions subject to drug and alcohol testing under FTA Authority is attached as Appendix C. b. Drivers waived from having a CDL (e.g., fire fighters). 11/99 In the event of a conflict between this program and the provisions of 49 CFR, Part 382 or Parts 653 and 654, the provisions of the federal regulations will prevail. SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE Any job applicant applying for a position with the City who refuses or fails a pre-employment drug test will not be hired. No employee covered by this policy who has engaged in prohibited drug use will perform safety-sensitive functions. The City will immediately remove from performing safety-sensitive functions covered by the DOT safety standards in 49 CFR Part 382 or Parts 653 and 654, any employee covered by this program who refuses or fails an alcohol or drug test. Any employee covered by this program who refuses or fails an alcohol or drug test may receive disciplinary action, up to and including termination, in accordance with the substance abuse policy of the City (see Appendix A). Furthermore, the City or employee who violates these requirements may be subject to the penalties found at 49 U.S.C. 521 (b), including: a. Employer 1. Civil penalties ranging from $500 to $10,000; and 2. Criminal penalties for knowing and willful violations with a maximum fine of $25,000 or imprisonment for up to one year, or both. b. Drivers with Commercial Drivers' Licenses 1. Civil penalties for knowing and willful violations ranging from $500 to $2,500; and 2. Criminal penalties with a maximum fine of $5,000 or imprisonment for up to 90 days, or both. SECTION 4. SAFETY-SENSITIVE FUNCTIONS Safety-sensitive functions under Federal Highway Administration (FHWA) Guidelines include: a. Waiting to be dispatched, unless the City has relieved the employee from duty; b. Inspecting, servicing, or conditioning any commercial motor vehicle at any time; c. Driving time; d. Time in or on any commercial motor vehicle; e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle, or remaining in readiness to operate the commercial motor vehicle; f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; Under Federal Transit Authority (FTA) Guidelines, safety-sensitive function means any of the following duties: a. Operating a revenue service vehicle, including when not in revenue service; 2 11/99 Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; c. Controlling dispatch or movement of a revenue service vehicle; d. Maintaining a revenue service vehicle or equipment used in revenue service. SECTION 5. PROHIBITED CONDUCT Prohibited Employee Conduct. Employees shall not engage in the following conduct: 5.1 5.2 5.3 Alcohol Concentration. Report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of .04 mg/liter or greater. Alcohol Possession. Be on duty or operate a commercial motor vehicle while possess- ing alcohol. On-duty Use. Consume alcohol while performing safety-sensitive functions. Pre-duty Use. Consume alcohol in the four hours prior to reporting for duty. Post-accident Use. Consume alcohol in the 8 hours following an accident or until undergoing a post-accident test. Refuse to Test. Refuse to submit to an alcohol or drug test. Refusal to test is classified as a positive test and subject to consequences of a positive test. Refusal to test includes, but is not limited to such behavior as failure to report in a timely manner to a collection site, refusal to sign any required consent form or otherwise fully cooperate in the collection of any breath/urine specimen, refusal to remove a coat, or carrying a bottle of unauthorized liquid into the collection room. Use drugs. Report for duty or remain on duty requiring the performance of safety- sensitive functions when the driver has used illegal drugs. Test Positive for Drugs. Report for duty, remain on duty, or perform a safety-function if tested positive for illegal drugs. Employees who engage in any of the preceding will be removed from safety-sensitive functions and referred to a substance abuse professional. i. Adulturate a Sample. Adulturate or substitute a specimen. Prohibited Employer Conduct. The City, if having actual knowledge that an employee is engaging in any of the conduct listed above, will not allow the employee to drive or perform any other safety-sensitive function. Other Alcohol Conduct. Other regulated conduct related to an employee's use of alcohol includes the following: An employee whose test results indicate an alcohol concentration of .02 or greater, but less than .04, will not be allowed to perform safety-sensitive functions until the 3 11/99 start of the employee's next regularly scheduled duty period, but not less than 24 hours following the alcohol test if under FHWA regulations or not less than 8 hours if under FTA regulations. The City will not discipline an employee based solely on alcohol test results of less than .04. This does not bar the City from imposing other discipline as appropriate and lawful. SECTION 6. TYPES OF TESTING Covered employees are subject to six types of drug and alcohol testing under the substance abuse prevention program. 6.1 Pre-employment Testing. A pre-employment drug test will be conducted as follows: A pre-employment drug test will be conducted when an individual is hired for a position covered in this program. This requirement applies to both new employees and current employees who transfer to a safety-sensitive position within the City. b. Drug Specific Requirements: The City will not hire any individual unless the applicant has taken a drug test with a verified negative test result. The City will notify the applicant of the results of a drug test if the applicant requests the results within 60 calendar days of being notified of the City's decision regarding the applicant's employment application. If the Medical Review Officer (MRO) cannot contact the applicant/employee to advise them of a positive test result, the Personnel Administrator will make reasonable efforts to contact and request each applicant/employee who sub- mitted a specimen under the City's drug testing program to contact and discuss the results of the drug testing program with the MRO. The Personnel Administrator will also immediately notify the MRO that they have notified the applicant/employee to contact the MRO within 24 hours. 6.2 Post-accident Testing. Under FHWA and FTA regulations, when an accident involving a commercial motor vehicle occurs, the City will require a drug and alcohol test on the operator who was performing safety sensitive functions with respect to the vehicle if the accident involved the loss of human life. "Accident" under the Federal Highway Administration is further defined as an incident where the driver receives a citation under State or local law for a moving traffic violation arising from the accident if the accident involved (1) bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (2) one or more motor vehicles incurred disabling damage as the result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicles. The Federal Transit Authority further defines an accident as an occurrence in which (1) an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident, or (2) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van or automobile, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck 4 11/99 or other vehicle, and states that the employer shall test each covered employee operating the mass transit vehicle at the time of the accident unless the City determines, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. The employer shall also test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. The employee(s) will be tested as follows: a. Drug Specific Requirements The employee will be tested as soon as practicable, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not re- main in the body for extended periods of time, testing should be conducted as soon as possible. If the drug test is not administered within 32 hours after the accident, the City will cease attempts to administer the drug test and will prepare and maintain records stating why the City did not administer the tests promptly. All reasonable steps will be taken to obtain a urine sample from the employ- ee after an accident. In case of a conscious but hospitalized employee, the City will request a hospital or medical facility to obtain a urine sample and if necessary, reference will be made to the DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as an employee covered by this policy. Alcohol Specific Requirements If the alcohol test is not administered within 2 hours post-accident the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours post-accident the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. An employee who is subject to post-accident drug and alcohol testing will remain readily available for such testing or may be deemed to have refused to submit to testing. However, the employee is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary to obtain assistance in responding to the accident. The City will provide employees with necessary information, procedures and instruc- tions so that employees will be able to comply. The City may use drug and alcohol (breath or blood) test results taken by Federal, State, or local officials if such test results conform to applicable requirements and the City obtains the results. 5 11/99 6.3 6.4 Random Testing. All employees subject to this program are subject to unannounced drug and alcohol testing based on random selection. Random testing will be conducted as follows: The City will ensure that random drug and alcohol tests are unannounced and spread reasonably throughout the calendar year· The City will maintain two selection pools based on the governing regulations B one pool for FHWA employees and one pool for FTA employees. Drug Specific Requirement For drug testing, the number of employees to be tested will be equivalent to at least fifty percent (50%) of the selection pool every twelve (12) months. Alcohol Specific Requirement For alcohol testing, the number of employees to be tested under FTA regulations will be equivalent to at least ten percent (10%) of the selection pool of employees every twelve (12) months. For alcohol testing of employees to be tested under FHWA regulations, the number of employees to be tested will be equivalent to at least twenty-five percent (25%) of the selection pool of employees every twelve (12) months. The percentage of employees to be tested for alcohol misuse can be adjusted by the FHWA or FTA Administrator to an amount between 10% and 50% of all drivers based on violation rates for the industry. All employees will be subject to random testing on each random testing date and will have an equal chance of being tested each time selections are made. The random selection procedure will employ a computer-based random number generator that is matched with the social security number of each employee in the pool. As a result of the random selection process, an employee may be tested more than once or not at all during the calendar year. The City will select a sufficient number of alternate employees for testing in each test period to ensure that testing is conducted at the required rate. Alternate employees will be tested in order of selection only if persons selected are unavailable for testing due to extended vacations, extended medical leave or other legitimate reasons. An employee selected for random drug or alcohol testing will proceed to the test site immediately. However, if the employee is performing a safety-sensitive function, the employee will stop performing the safety-sensitive function and will proceed to the test site as soon as possible. e. Alcohol Specific Requirement The City will administer a random alcohol test to an employee only just before, while, or just after the employee performs a safety-sensitive function. Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an employee covered by this program is using a prohibited drug, or is using alcohol in a prohibit- ed manner, the City will require the employee to take a drug and/or alcohol test (whichever is appropriate) as fol lows: 6 11/99 6.5 6.6 A decision to test must be based on specific contemporaneous, describable observa- tions concerning the appearance, behavior, speech or body/breath odors of the employee. The required observations for reasonable suspicion drug or alcohol testing must be made by a trained supervisor or a trained City official. The City will make a written record within 24 hours of the observations leading to a reasonable suspicion test or before the results of the test are released, whichever is earlier. The supervisor or City official who made the observations must sign this record. d. Alcohol Specific Requirements The person who makes the determination that reasonable suspicion exists to conduct an alcohol test may not conduct the alcohol test. The observations must be made just before, while, or just after the employee performs safety-sensitive functions. If the test is not administered within 2 hours following the supervisor's obser- vation and determination that a reasonable suspicion of alcohol violations exists, the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. The City will not permit an employee to perform or continue to perform safety-sensitive functions if the City has a reasonable suspicion the employee is using alcohol in a prohibited manner until: (a) (b) An alcohol test shows the employee's alcohol concentration as less than .02; or 24 hours have elapsed following the determination of reasonable suspicion. Other than requiring an employee to take an alcohol test, the Commercial Driver's License regulation (49 CFR Part 382) does not authorize the City to take any action against the employee based solely on the driver's behavior and appearance with respect to alcohol use until the employee takes, or refuses to take, an alcohol test. This does not bar the City from imposing other discipline as appropriate and lawful. Return to Duty Testing. Any employee who has engaged in prohibited drug or alcohol use must undergo a drug or alcohol test before returning to duty requiring the performance of safety-sensitive functions. The drug test must indicate a verified negative result for drug use. The alcohol test must indicate an alcohol concentration of less than .02 immediately prior to performing safety-sensitive functions. Follow-up Testing. An employee returned to duty in accordance with subsection 6.5 is subject to fol low-up testing: 7 11/99 Following a determination by a substance abuse professional that an employee needs assistance in resolving drug or alcohol abuse problems, the City will administer unannounced follow-up drug or alcohol testing as directed by a substance abuse professional. At least 6 tests are required in the first 12 months following the em- ployee's return to duty. The substance abuse professional may require the employee to undergo additional controlled substances and alcohol testing for up to 60 months. The City will conduct follow-up alcohol testing only just before, while, or just after the employee performs safety-sensitive functions. SECTION 7. DRUG TESTING PROCEDURES 7.1 General Guidelines. The drug testing portion of these procedures will be administered by Mercy Occupational Health (Mercy). Mercy will act as an authorized agent for the City. The following testing procedures will be followed in conducting tests under this program: When an employee/applicant arrives at Mercy, a staff person shall ensure that the employee/applicant is positively identified by use of a picture I.D. (driver's license, City I.D.) or identification by the employer's representative. Drug testing will be performed utilizing urine samples. A split sample method of collection will be used. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per- formed. An applicant who is offered a position covered by this policy will be required to report to Mercy for a scheduled test and provide a specimen of his/her urine. Upon notification that a drug test is required, an employee will report immediately to Mercy, and provide a specimen of his/her urine. The time allowed for employees to report for drug testing after receiving notice will be travel time. In the event of post-accident drug testing, employees will report to Mercy as soon as possible, but no later than 32 hours after an accident has occurred. g. Split Specimen Samples A sample of at least 45 ml of urine will be collected. Thirty ml will be collected for the primary sample and 15 ml for the split sample. The collection site personnel will divide the specimen into two specimen bottles in the presence of the donor. Both bottles will be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain of custody form, to the laboratory. If the test result of the primary specimen is positive, the MRO will, if requested by the employee within 72 hours after being notified of the test result, direct a DHHS- certified laboratory to test the split specimen. The result of the second test will be provided to the MRO. If the result of the second test fails to confirm the drugs found in the primary sample, the test will be cancelled. A cancelled test is neither a positive nor a negative test. 8 11/99 h. Privacy The Mercy staff person shall ask the employee to remove any outer garments that might conceal items that could be used to adulterate the employee's urine specimen. Unless there is a reason to believe that a particular employee may alter or substitute the specimen, procedures for collecting urine specimens will allow individual privacy. Whenever possible a higher-level supervisor of the collection site person, or a designated employer representative will review and agree in advance of any decision to obtain a specimen under the direct observation of a same gender collection site person. The following circumstances are grounds to believe the individual may tamper with a specimen and justify the use of monitoring procedures or direct observation of the donation of the urine specimen: The specimen falls outside the normal temperature range and the employee either declines to allow a measurement of oral body temperature or oral body temperature varies by more than 1.8 degrees Fahrenheit from the specimen temperature. The last urine specimen provided by the employee was determined by the lab to have a specific gravity of less than 1.00 and a creatinine concentration below .2g/L. The collection site person observes conduct clearly and unequivocally indi- cating an attempt to substitute or adulterate the sample. In the case of follow up testing, the employee has previously been deter- mined to have used a controlled substance without medical authorization. If there is reason to believe that the employee has altered or substituted the specimen, a second specimen will be obtained as soon as possible under the direct observation of a same gender Mercy staff person. Any employee who adulterates a sample will be subject to disciplinary action. The employee will be asked to read and sign a statement on the custody and control form· If specified by DOT agency or required by Mercy or the laboratory, the employee may be required to sign a consent or release form authorizing the collection and analysis of the specimen and release of the results. The employee may not be required to waive liability with respect to negligence on the part of any person participating in the collection, handling or analysis of the specimen or to indemnify any person for the negligence of others. If the employee refuses to cooperate with the collection process, the collection site person will inform the Personnel Administrator and will document the non-coopera- tion on the drug testing custody and control form. Samples that yield positive results and are confirmed positive by a second test must be retained by the laboratory in properly secured, long-term, frozen storage for at least 9 11/99 7.2 7.3 one year. Within this one-year period, the employee or the employee's representative, the employer, or the authorized federal or state agencies may request that the laboratory retain the sample for an additional period. If, within the one-year period, the laboratory has not received a proper written request to retain the sample for a further reasonable period specified in the request, the sample may be discarded. Since some analytes may deteriorate during storage, detected levels of the drug below the detection limits established in the DOT Procedures, but equal to or greater than the established sensitivity of the assay, must, as technically appropriate, be reported and considered corroborative of the original positive results. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Program. In the event of a conflict between this program and the federal regulations, the federal regulations shall prevail. Collection Agencies (For Urine Specimens). In order to provide maximum convenience to employees, the program will utilize the services of Mercy Occupational Health (Mercy), 540 E. Jefferson, Suite 205, Iowa City, Iowa. Mercy will comply with all methods and procedures of 49 CFR Part 40 and will provide required reports. The City and Mercy will develop and maintain a procedure for collection, shipment, and access to urine specimens which will include at a minimum: a, Use of a standard drug testing custody and control form which identifies data on the donor and on the specimen collection and transfer process. Use of a clean collection container that is securely wrapped until filled with the speci- men. The container will only be unwrapped immediately before being given to the employee and in the presence of the employee to be tested. c. Use of a tamper proof sealing for the split specimen bottles. d. Use of a shipping container that will prevent undetected tampering. Written procedures and instructions including: emphasis that the collection site person is responsible for maintaining the integrity of the specimen collection and transfer; carefully ensuring the privacy of the donor; avoiding any conduct or remark by the collection site person that might be understood as accusations or which are offensive or inappropriate. If a collection must be monitored by non-medical person- nel, or is directly observed, the collection site person will be of the same gender as the employee giving the sample. Medical Review Officer (MRO). The MRO for this policy is: Mr. Dale Minner Mercy Occupational Health 540 E. Jefferson, Suite 205 Iowa City, IA 52240 10 11/99 A list of the MRO's duties can be found at 49 CFR sections 382.407, 382.408, 653.7 and Part 40 of the federal regulations. Those duties include: a. Notifications to the Employer The MRO may report to the employer in any manner, but must forward a signed written notification within three business days of completion of the medical officer's review. The report shall include: 1. Indication that the drug test met the requirements of Part 40 drug testing procedures; 2. The name of the person tested; 3. The type of test; 4. The date and location of the specimen collection; 5. The identity of the MRO and the person performing collection and analysis; 6. The verified results of the drug test and, if positive, the identity of the drugs testing positive; and 7. The fact that the MRO made reasonable efforts to contact the person tested. b. Recordkeeping The MRO will keep the following records: 1. Positive drug test results for five years. 2. Negative and canceled drug test results for one year. c. Confidentiality The MRO cannot release individual drug test results other than to the employer without first obtaining a specific, written authorization from the person tested. Medical Review Duties The MRO is responsible for the following: 1. Review the results of drug testing before they are reported to the City. 2. Review the chain of custody to ensure that it is complete and sufficient on its face. 3. Review and interpret each confirmed positive test result as follows to deter- mine if there is an alternative medical explanation for the confirmed positive result: 11 11/99 (a) (b) (C) (d) Conduct a medical interview with the person tested. Review the person's medical history, or any other relevant biomedical factors. Review all medical records made available by the person tested to determine if a confirmed positive test resulted from legally prescribed meditation. Verify that the laboratory report and assessment are correct. If the MRO concludes there is a legitimate medical explanation, other than prohibited drug use, for a confirmed positive result the MRO will declare the test to be negative. Contact the tested person directly, on a confidential basis, to determine whether the person wishes to discuss the test result. If, after making all reasonable efforts and documenting them, the MRO is unable to reach the person directly, the MRO will contact the Personnel Administrator who will direct the person to contact the MRO as soon as possible. The MRO will not disclose to any third party any medical information provid- ed by the person tested, except the MRO may disclose such information to the City, a DOT agency or a physician responsible for determining the medical qualification of the person under an applicable DOT agency regula- tion only if: (a) (b) (C) An applicable DOT regulation permits or requires such disclosure; or In the MRO's reasonable judgment, the information could result in the person being determined to be medically unqualified under an appli- cable DOT agency rule; or In the MRO's reasonable judgment, the information indicates that continued performance by the person of a safety-sensitive function could pose a significant safety risk. Before obtaining medical information from the person tested as part of the verification process, the MRO will inform the person that information may be disclosed to third parties and the identity of any parties to whom the informa- tion may be disclosed. The MRO may verify a test as positive without direct communication with the person tested if the person expressly declines the opportunity' to discuss the test or if the Personnel Administrator has made and documented a contact with the person and more than five days have passed without the MRO receiving any communication from the person or if neither the MRO or the Personnel Administrator has been able to contact the employee within 14 days. If such a verification occurs, the person may present the MRO informa- tion documenting unavoidable circumstances which prevented the person from timely contacting the MRO. Based on this information, the MRO may reopen the verification. Following the verification of a positive test result, the MRO will, as provided in the City's policy, refer the case to the City's Personnel Administrator. 12 11/99 7.4 10. Before the MRO verities a confirmed positive result for opiates, the MRO will determine if there is clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate, or opium derivative. 11. The MRO will notify each person tested who has a confirmed positive test that the person has 72 hours in which to request an analysis of the second sample at the person's expense. However, if the second sample tests nega- tive, the City will bear the cost of the analysis. If the person makes such a request, the MRO will order, in writing, an analysis of the second sample. 12. If the MRO questions the accuracy of any test result, the MRO may require that the original specimen be reanalyzed. Testing laboratory. The testing laboratory for this program is: LabOne 8915 Lenexa Drive Overland Park, KS 66214 The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing compliance. In the event that the designated laboratory is unable to satisfactorily perform services required under this program, the City will designate an alternative laboratory. The City or its agent will have an agreement with the laboratory which will require the laboratory to: Maintain employee test records in confidence; and Disclose information related to a positive drug test to the person tested, the City, or the decision maker in a lawsuit or other proceeding initiated by or on behalf of the person and arising from a certified positive drug test. Drug testing laboratories must be secure at all times and must restrict access to specifically authorized individuals whose authorization is documented. Documenta- tion of individuals accessing drug testing areas, dates, and time and purpose of entry will be maintained. c. Reporting Results The laboratory will report test results to the MRO. Before any test result is reported, it will be reviewed and the test will be certified as an accurate report by the individual conducting the test. Only confirmed positive specimens will be reported positive for a specific drug. The laboratory may transmit results to the MRO by various electronic means so long as they are designed to ensure confidentiality by limiting access to the transmission. Results may not be provided orally by telephone. 13 11/99 The laboratory will provide a quarterly statistical summary of urinalysis testing for the City. This analysis will not include any identifying information so that it is not likely that information about an individual's tests can be inferred. d. Quality Assurance and Quality Control All drug testing laboratories must have quality assurance and control proce- dures to monitor each step of the drug testing process. As part of the quality control process the City will submit blind samples. The City will submit three blind performance test specimens for each 100 employee specimens it submits for testing, up to a maximum of 100 blind performance test spe- cimens per quarter. The City will maintain documentation showing the number of blind samples sent to the laboratory and the total number of samples submitted to the laboratory. e. Individual Access to Test and Laborato~, Certification Results Any employee who has undergone a drug test will, upon making a written request, have access to any records relating to the employee's drug test and any records relating to the results of any relevant certification, review, or revocation of certification proceedings. SECTION 8. ALCOHOL TESTING PROCEDURES 8.1 General Requirements. The alcohol testing portion of these procedures will be administered by Mercy Occupational Health (Mercy). Mercy will act as an authorized agent for the City and will provide testing services and certified Breath Alcohol Technicians (BAT). The general requirements for alcohol testing under this program are as follows: a. Alcohol testing will be performed using breath samples. Upon notification that an alcohol test is required, an employee will report for alcohol testing and provide a breath specimen. The time allowed for employees to report for alcohol testing after receiving notice will be travel time. Cw The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Program. 8.2 Testing Sites (for alcohol breath tests). In order to provide maximum convenience to employ- ees, the program will utilize the services of Mercy Occupational Health (Mercy), 540 E. Jefferson, Suite 205, Iowa City, IA. The following shall apply to alcohol testing sites used in this program: The testing location must provide the employee being tested with privacy sufficient to prevent unauthorized people from seeing or hearing test results. b, Access to the testing location will be limited to authorized people when the EBT is not in a secure place or when testing is being conducted. 14 11/99 8.3 8.4 The only time a test will be conducted outside of the selected testing site will be when it is essential to perform the test at the scene of an accident. The City will provide the employee with the greatest privacy possible under such circumstances in an effort to prevent unauthorized people from seeing or hearing test results. Screening Tests. Alcohol screening tests will be conducted in accordance with the following procedures: Only evidential breath testing devices (EBTs) will be used. A log book will be main- tained for each EBT which does not meet the requirements of an EBT used for confir- mation test. The Breath Alcohol Technician (BAT) and the employee will complete sections one and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If the employee refuses to sign this certification, the employee will be considered to have refused to take the alcohol test. An individually-sealed mouthpiece will be opened in front of the employee and the BAT and will be attached to the EBT. The BAT will tell the employee to blow forcefully into the mouth piece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. If the result of the test is an alcohol concentration of less than .02, the BAT will date and sign the certification in Step 3 of the Breath Alcohol Testing Form. The employee will sign the certification and fill in the date in Step 4 of the form. If the employee does not sign Step 4 of the form, the BAT will note such failure in the "Remarks" section of the form. The employee's failure to sign Step 4 of the form does not constitute a refusal to be tested. If a test result printed by the EBT does not match the result displayed on the EBT, the BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing Form. Both the employee and the BAT will initial the notation. In such a case, the test is invalid and the BAT will inform the City and the employee that the test is invalid. An invalid test is neither a positive nor a negative test. If the test result is an alcohol concentration of less than .02, no further testing is autho- rized for that particular test session. The Breath Alcohol Technician will transmit the results to the City in a confidential manner and the City will store the test results. Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater, another alcohol test will be completed to confirm the results. All EBTs used for confirmation tests must be capable of providing a printed result in triplicate and assigning a unique sequential number to each test. The confirmation test will be administered as follows: a. Waiting Period The BAT will wait at least 15 minutes, but no longer than 20 minutes, (FTA 30 minutes) after the completion of the initial test before administering the confirmation test. 15 11/99 Breath Alcohol Technician (a) The BAT will tell the employee to try to provide an adequate amount of breath. If the employee refuses to make the attempt, the BAT will immediately inform the City. (b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the "Remarks" section of the Breath Alcohol Testing Form and immediately inform the City. 2. Employer (a) The City will tell the employee to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. (b) If the physician determines as a reasonable medical judgment that a medical condition has prevented the employee from providing an ade- quate amount of breath, the employee's failure to provide an adequate amount of breath will not be considered a refusal to take the test. (c) If the physician is unable to determine that a medical condition has prevented the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will be considered a refusal to take the test. (d) The physician will provide the employer a written statement of the basis for the physician's conclusion. Invalid Tests A breath alcohol test will be invalid under the following circumstances: The next external calibration check of an EBT shows that the machine is inaccurate. In this event, every test result of .02 or greater obtained on the device since the last valid external calibration check will be invalidated. The BAT does not observe the minimum 15-minute wait period prior to performing a confirmation test. The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to or after the administration of the test. The BAT does not sign the Breath Alcohol Testing Form as required. The employee fails to sign the Breath Alcohol Testing Form or refuses to sign the form following the recording on or attachment to the form of the test results and the BAT does not note the refusal or failure on the "Remarks" section of the form. 17 11/99 6. The EBT fails to print a confirmation test result. 8.6 There is a difference between the sequential test number or alcohol test result displayed on the EBT and the sequential test number or alcohol test result on the printed result. Breath Alcohol Technician (BAT). The following shall apply to BATs under this program: a. Training The BAT must be trained to proficiency in the operation of the EBT used and in the alcohol testing procedures of 49 CFR Part 40. Proficiency is demonstrated by successful completion of a course which pro- vides training in EBT methodology, operation, and calibration checks; the fundamentals of breath analysis for alcohol content; and the procedures re- quired for obtaining a breath sample, and interpreting and recording EBT results. Courses must be equivalent to a DOT model course as determined by the National Highway Traffic Safety Administration (NHTSA). NHTSA will review a BAT instruction course for equivalency. The course must provide documentation that the BAT has demonstrated competence in the operation of the specific EBT(s) to be used. Any BAT who will perform an external calibration check of an EBT will be trained to proficiency in conducting the check on the particular model of EBT, to include practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in mainte- nance and calibration of the EBT. The BAT must receive additional training as needed to ensure proficiency concerning new or additional devices or changes in technology that the BAT will use. b. Parties Who May Act as a BAT Generally the direct supervisor of an employee may not act as BAT for that employee's alcohol test. However, a BAT-qualified supervisor of an em- ployee may conduct the alcohol test for that employee if, and only if, another BAT is unavailable to perform the test in a timely manner. Law enforcement officers certified by state or local governments to conduct breath alcohol tests are deemed to be qualified as BATs. Such officers must be certified to use the EBT that is used for the test to qualify under DOT alcohol testing requirements. The BAT will not leave the alcohol testing location while the testing procedure is in progress. 18 11/99 8.7 The BAT will require the employee to provide positive identification when the employee enters the alcohol testing location. Positive identification will be through the use of a photo I.D. card or identification by a City representative. The BAT will provide the employee with positive identification if the employee makes such a request. The BAT will explain the testing procedure to the employee before starting the testing process. If the EBT provides a printed result, but does not print the results directly onto the Breath Alcohol Testing Form, the BAT will show the employee the result displayed on the EBT. The BAT will then affix the test result printout to the Breath Alcohol Test Form using a method that will provide clear evidence if tampering occurs. hJ If the EBT prints the test results directly onto the Breath Alcohol Testing Form, the BAT will show the employee the result displayed on the EBT. i. Reporting of test results to the City. The BAT will transmit all test results to the Personnel Administrator in a confidential manner. If the results require the City to prevent the employee from performing a safety-sensitive function the BAT will ensure the results are transmitted immediately. Such transmission may be in writing, in person, by phone or electronically. If the initial transmission of test results is not in writing, the BAT will follow the initial transmission by providing the City with a copy of the Breath Alcohol Testing Form. Employer Responsibilities. The City's and/or its agent's responsibilities in conducting alcohol testing under this program include: a. Breath Alcohol Testing form The EAP will ensure that the BAT uses the three-part form required by federal regulations. The parts of the form are as follows: Copy 1 (white) will be kept by the BAT; Copy 2 (green) will be given to the employee; Copy 3 (blue) will be transmit- ted to the City for recordkeeping. The City will designate one or more employer representatives for the purpose of re- ceiving and handling alcohol testing results in a confidential manner. All communica- tions by BATs concerning alcohol test results will be to a designated employer representative. This representative will ordinarily be the Personnel Administrator. In the absence of the Personnel Administrator, test results may be transmitted to the Personnel General ist, Personnel Assistant or the Assistant City Manager. 19 11/99 8.8 If test results are reported in any way other than writing, the City will verify the identity of the BAT. The EAP will document the training and proficiency of each BAT used to test employ- ees. The EAP will comply with the NHTSA-approved quality assurance plan for each EBT used for alcohol testing including: ensuring that external calibration checks of each EBT are performed as re- quired; taking an EBT out of service if any external calibration check results in a reading outside tolerance levels; ensuring that inspection, maintenance and calibration of each EBT are per- formed by appropriate parties; ensuring that each BAT who performs an external calibration check is qualified to do so; and storing the EBT in a secure space when it is not in use at a testing site. Alcohol Testing Devices. The following shall apply to alcohol testing devices used by the City or its agent to administer this program: The EAP will use only Evidential Breath Testing devices (EBT) that meet the following requirements: 1. Initial Tests The BAT may use a device that meets the regulatory requirements for a confirmation device. If the BAT uses initial testing devices for screening tests that do not meet the regulatory requirements for confirmation EBTs, the EAP will: (a) Use a log book for each test performed with such a device. Log books must relate only to one device and cannot be used in conjunction with any other device. The log book must include the following columns: (1) (2) (3) (4) (5) (6) the test number; date of the test; name of the BAT; location of the test; quantified test result; and initials of the employee taking each test. (b) Ensure that the BAT and the employee complete the following steps: (1) The BAT will show the employee the result displayed on the EBT. 20 11/99 (2) (3) (4) The BAT will record the displayed result, test number, testing device, serial number of the testing device, time and quantified result on the Alcohol Testing Form. The BAT will complete the log book. The employee will initial the log book entry. Confirmation Tests The EBT used for confirmation alcohol tests must meet the following require- ments: (a) The EBT will have the capability of providing a printed result in tripli- cate of each breath test and associated identifying information. (b) The EBT will be capable of assigning a unique and sequential number to each completed test, with the number capable of being read by the BAT and the employee before each test and being printed out on each copy of the test result. (c) The EBT will be capable of printing out on each copy of the test result the manufacturer's name for the device, the device's serial number, and the time of the test. (d) The EBT will be able to distinguish alcohol from acetone at the .02 alcohol concentration level. (e) The EBT will be capable of testing air blanks prior to each collection of breath and performing an external calibration check. SECTION 9. INFORMATION AND TRAINING 9.1 Education. Every employee covered by this program will receive the following drug and alcohol use education prior to the start of testing: Person available to answer questions about the materials: Employee Assistance Program (Synchrony) b. Categories of drivers subject to testing: See CDL Program c. Description of safety-sensitive positions: See Job Description Specific information on conduct which is prohibited: See Substance Abuse Policy and Commercial Driver's License Program e. Circumstances when employees will be tested: See CDL Program Testing procedures to protect the employee and integrity of testing process: See CDL Program g. Requirement that testing is required: See CDL Program h. Explanation of refusal to submit to testing and the consequences: See CDL Program 21 11/99 Consequences of engaging in prohibited conduct: See Substance Abuse Policy and CDL Program Consequences of alcohol concentration of 0.02 or greater, but less than 0.04: See CDL Program ke Information on effects of substance abuse on an individual's health, work, and per- sonal life; signs of a substance abuse problem; and available methods of intervening when a problem is suspected: See CDL Program This program will be made available to each employee and displayed in the work area. Drug or alcohol counseling and/or rehabilitation is available through the Employee Assistance Program (Synchrony), 2570 Holiday Road, Suite 100, Coralville, IA, and information about such assistance will be displayed in the work area and given to each employee. 9.2 Training, Every supervisor covered by this policy who will determine whether an employee must submit to a reasonable suspicion drug or alcohol test will receive at least two hours of training on the specific, contemporaneous physical, behavioral, speech, and performance indicators of probable drug or alcohol abuse. One hour will cover alcohol misuse and one hour will relate to drug use. A list of each management or supervisory position which will be subject to training is attached as Appendix E. SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT 10.1 Employees Engaged In Prohibited Drug or Alcohol Use. An employee who has engaged in prohibited conduct (See section 5) will be: a. Immediately removed from the performance of safety-sensitive functions; b, Advised by the City or EAP (Synchrony) of resources available to the employee in evaluating and resolving drug or alcohol abuse problems including name, address, and phone number of substance abuse professionals at the EAP (Synchrony); Evaluated by a substance abuse professional to determine what assistance, if any, is necessary; de Subject to return-to-duty drug and alcohol tests. For drugs, the employee must have a negative test result before being allowed to perform safety-sensitive functions. For alcohol, the employee must have a test result of less than .02 before being allowed to perform safety-sensitive functions. 10.2 Employees Identified as Needing Assistance. Employees identified as needing assistance will be: Evaluated by a substance abuse professional to determine that the employee has followed any rehabilitation program properly; Subject to unannounced follow-up drug or alcohol tests under the following guide- lines: 22 11/99 The number and frequency of follow-up tests will be determined by a sub- stance abuse professional and will consist of at least six tests in the first twelve months; The City may direct the employee to undergo return-to-duty and follow-up drug or alcohol tests if the substance abuse professional determines such tests are necessary; , Follow-up testing will not exceed 60 months from the date of the employee's return to duty; and The substance abuse professional may end testing after the first six tests if such tests are no longer necessary. 10.3 Evaluation and Treatment Services. The following shall apply to evaluation and treatment sewices provided under this program: Evaluation and rehabilitation may be performed by a substance abuse professional provided by the employer; a substance abuse professional under contract with the em- ployer; or by a substance abuse professional not affiliated with the employer. The employer will ensure the substance abuse professional who determines an employee needs assistance does not refer the employee to the substance abuse profes- sional's private practice; an entity from which the substance abuse professional receives remuneration; or an entity in which the substance abuse professional has a financial interest unless such assistance is provided by a public agency, the employer or an entity under contract with the employer, the sole source of treatment under the driver's health insurance program, or the sole source of treatment reasonably accessi- ble to the driver. The cost of drug and alcohol tests will be paid by the City for pre-employment, post- accident, random and reasonable suspicion tests. If an employee requires return-to- duty or follow-up testing, such costs shall be paid by the employee. Sick leave accrual or other applicable accruals may be used for work time spent in counseling sessions if satisfactory documentation of attendance is provided. 10.4 Scope. The policies governing the referral, evaluation and treatment of individuals do not apply to applicants who refuse to submit to pre-employment tests or to applicants having a verified positive pre-employment drug test result. SECTION 11. RECORDKEEPING The City agrees to maintain all records in accordance with 49 CFR Parts 653.71,654.51 and 382.401. 11.1 Security and Inspection. The City and/or its agents will maintain records of its drug and alcohol programs in a secure location with controlled access for the periods specified. These records will be available for inspection at the employer's and/or its agent's principal place of business within two business days of a request by an authorized representative of the Federal Highway Admi n istration. 23 11/99 11.4 b. Records related to employee's test results: 1. Drug Specific Requirements (a) City's copy of the drug test chain of custody and control form; (b) Documents sent by the MRO to the City; 2. Alcohol Specific Requirements City's copy of the alcohol test form, including test results; 3. Documents related to employee's refusal to submit to a required test; 4. Documents submitted by employees to dispute test results. c. Records related to other violations of the law govern ing drug or alcohol programs; d. Evaluation records including records pertaining to a substance abuse professional's determination of an employee's need for assistance; and records concerning an employee's compliance with the recommendations of a substance abuse professional. e. Education and training records including: 1. Awareness records including the City's drug and alcohol abuse policy; 2. Documentation of compliance with education requirements including each employee's signed receipt of educational materials; 3. Documentation of supervisor training for reasonable suspicion testing; 4. Certification that all training complies with regulatory requirements. f. Drug testing records including: 1. Agreements with collection sites, labs, and MRO's. 2. Names and positions of officials and their roles in the City's testing program; 3. Quarterly lab statistical summaries of urinalysis; Management Information System. The City or its agent will prepare and maintain an annual calendar year summary of the results of its drug and alcohol testing program for the previous calendar year by March 15 of each year. If notified in January, the City is required to submit the report to the applicable agency (Federal Highway Administration or Federal Transit Authority) by March 15. a. Drug Specific Requirements of the Summary 1. Calendar year summaries that indicate one or more verified positive drug tests will include the following information: 25 11/99 (a) (b) (C) (d) (e) (f) (g) (h) (i) (k) (I) Number of employees subject to part 382 or 653; Number of employees subject to drug use rules of more than one DOT agency, organized by DOT agency; Number of urine specimens collected, organized by type of test; Number of positive drug tests, and type of drugs, verified by a MRO, organized by type of test; Number of negative drug tests verified by a MRO, organized by type of test; Number of persons denied a position by pre-employment test; Number of employees verified positive for multiple drugs; Number of employees who refused testing; Number of supervisors who received drug training during the year; Number of employees returned to duty who previously had a verified positive drug test; Number of employees given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; Number of employees violating non-testing provisions of the federal regulations and any responsive action. Calendar year summaries with no violations can report form containing: (a) (b) (C) (d) (e) (g) be recorded on an "EZ" Number of employees subject to part 382 or 653; Number of employees subject to the drug use rules of more than one DOT agency, organized by DOT agency; Number of urine specimens collected, organized by type of test; Number of negative test results verified by an MRO, organized by type of test; Number of employees who refused testing; Number of supervisors who received drug training during the year; Number of employees returned to duty who previously had a verified positive drug test. 26 11/99 Alcohol 1. Specific Requirements Calendar year summaries that indicate one or more alcohol test result of .02 or greater, or any other of the alcohol misuse provisions of Subpart B will include the following information: (a) (b) (c) (d) (e) (g) (h) (i) (j) (k) (I) Number of employees subject to part 382 or 654; Number of employees subject to testing under the alcohol misuse rules or more than one DOT agency, organized by DOT agency; Number of persons denied a position by pre-employment alcohol test; Number of employees who refused testing; Number of supervisors who received alcohol training during the year; Number of screening alcohol tests, by type of test; Number of confirmation alcohol tests, by type of test; Number of confirmation alcohol tests indicating alcohol of .02 or greater, but less than .04, by type of test; Number of confirmation alcohol tests indicating an alcohol concen- tration of .04 or greater, by type of test; Number of employees returned to duty who previously engaged in prohibited alcohol misuse under these regulations; Number of employees given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; Number of employees violating non-testing provisions of these regula- tions and any responsive action. Calendar year summaries with no alcohol screening tests of .02 or greater can file an "EZ" report form containing: (a) Number of employees subject to part 382 or 654; (b) Number of employees subject to the alcohol misuse rules of more than one DOT agency, organized by DOT agency; (c) Number of employees who refused testing; (d) Number of supervisors who received alcohol training during the year; (e) N umber of screen alcohol tests by type of test; and (f) Number of employees returned to duty who previously engaged in prohibited alcohol misuse. 27 11/99 Employers subject to more than one DOT alcohol or drug program will identify each driver covered by more than one DOT agency. The identification will be by the total number of covered functions. Prior to conducting any drug test on any such employ- ee, the employer will determine which agency rules authorize or require the test. The employer will direct the test results to the appropriate DOT agency or agencies. e. The City will prepare and submit annual calendar year summaries and reports. SECTION 12. ACCESS TO FACILITIES AND RECORDS 12.1 City Records. Access to facilities and records held by the City or its agent shall be as follows: The City will not release employee information that is contained in drug or alcohol program records except as required by law or expressly authorized by the employee. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of drugs or alcohol, including any test records. The City will give these records to the employee and will not make access to the records contingent upon payment for records other than those specifically requested. The City will permit access to all facilities utilized in complying with the drug and alcohol program laws to federal, state and local officials with regulatory authority over the City or its employees. The City will make all drug or alcohol test results and other program information available to federal, state and local officials with regulatory authority over the City or its employees when requested. The City will disclose information related to the City's administration of post accident tests when requested by the National Transportation Safety Board as part of a related accident investigation. The City will provide records to subsequent employers upon written request from an employee or former employee and only as expressly authorized by the terms of the employee or former employee's request. The City may provide information to an employee or decision maker when a griev- ance or other proceeding has been initiated by or on behalf of the employee which arises from the results of a drug or alcohol test given by the City, or from the City's determination that the employee engaged in prohibited conduct. Such proceedings may pertain, but are not limited, to workers compensation, unemployment compen- sation or other benefits sought by the employee. The City will release information regarding an employee's records as directed by the specific, written consent of the employee authorizing the release of the information to an identified person and only in accordance with the terms of the employee's consent. 28 11/99 THE CITY OF IOWA CITY Substance Abuse Policy APPENDIX A 1.0 POLICY The City of Iowa City is dedicated to providing safe, dependable, and economical services to our citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek profes- sional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2.0 PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of drugs or alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs. 3.0 APPLICABILITY This policy applies to all City employees including volunteers, contract employees and contractors when they are on City property or when performing any City-related business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. 4.0 PROHIBITED SUBSTANCES "Prohibited substances" addressed by this policy include the following: Substance Abuse Policy Page 1 1 f)lq ~ 4.1 Illegally Used Controlled Substances or Drugs Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 4.2 Legal Drugs The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought by the employee, as appropriate, before performing work-related duties. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be carried in their original container with a label which includes the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing City business is prohibited. 4.3 Alcohol City employees are prohibited from consuming alcoholic beverages and from possessing containers of alcoholic beverages with a broken seal while on City premises or on duty. 5.0 PROHIBITED CONDUCT 5.1 Manufacture, Trafficking, Possession, and Use City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on City premises, in City vehicles, in uniform, or while on City business or from reporting to work following use of a prohibited substance. Employees who violate this provision will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. Substance Abuse Policy Page 2 1 n/el ~ 5.2 Intoxication/Under the Influence Employees are expected and required to report to work on time in an appropriate mental and physical condition. Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be relieved of job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or employees who fail to pass a drug or alcohol test administered under federal or state regulations shall be removed from duty and subject to disciplinary action, up to and including termina- tion. 5.3 Alcohol Use No employee should report for duty or remain on duty when his/her ability to perform assigned safety- sensitive functions is impaired by alcohol. No employee shall use alcohol while on duty, or during the hours that they are on call. Violation of these provisions is prohibited and subject to disciplinary action up to and including termination. 5.4 Treatment The City recognizes that drug dependency is an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety and security problem. All employees are encouraged to make use of the Employee Assistance Program (EAP) for treatment for drug or alcohol misuse and illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with City requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination. Employees will be allowed to use accumulated sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program. 5.5 Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any criminal drug statute conviction for a violation occurring in the workplace or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinary action and/or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinary action, up to and including termination. Substance Abuse Policy Page 3 10/95 5.6 Proper Application of the Policy The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. 6.0 PRE-EMPLOYMENT DRUG TESTING PROCEDURES 6.1 Pre-Employment Drug Testing All applicants for positions covered by Federal regulations goveming workplace anti-drug and alcohol programs shall undergo urine drug testing following the offer of employment. Receipt by the City of a negative drug test result is required prior to employment. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of one year. City employees not currently in a position covered by Federal regulations governing workplace anti-drug and alcohol programs who apply for a position covered by Federal regulations must pass a urine drug test following the offer of a transfer into a position covered by Federal regulations governing workplace anti- drug and alcohol programs. 7.0 CONSEQUENCES FOR POLICY VIOLATIONS Violations of this policy or fai lure to pass a drug or alcohol test administered under federal regulations will result in disciplinary action, up to and including termination. humanrelNsubabus2.pcy Substance Abuse Policy Page 4 10/95 DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix B Employee Positions Subject to Drug and Alcohol Testing 49 CFR, Part 382 Title or description of employee position EQUIPMENT: Mechanic I Mechanic II Mechanic III Shop Supervisor Equipment Superintendent CEMETERY: MW II - Cemetery MW III - Cemetery Sr. MW - Cemetery FORESTRY: MW I - Forestry MW II - Forestry Sr. MW- Forestry CBD: PARKS: MW II - CBD Sr. MW - CBD MW I - Parks MW II - Parks MW III - Parks Sr. MW- Parks Sr. MW - Tuffgrass Parks & Forestry Superintendent WASTEWATE R: Elec. Tech. MW I MW II MW III - WW MW III - Collection Sr. MW - Collection Sr. MW- Plant Maintenance Operator TPO Sr. TPO LANDFILL MW I - Landfill MW II - Landfill MW III - Landfill Sr. MW - Landfill MW II- Landfill/Recycle SOLID WASTE: MW I - Refuse MW II- Refuse Asst. Solid Waste Superintendent STREETS: MW I - Streets MW II - Streets MW III - Streets Sr. MW - Streets Asst. Streets Superintendent Streets Superintendent TRAFFIC ENGINEERING: Electronics Tech Electrician TRANSIT: Body Repair Mechanic WAT E R: MW I Customer Service MW II Water Service TPO Senior TPO WATER DISTRIBUTION: MW I- Distribution MW II- Distribution Sr. MW- Distribution AIRPORT MWI Airport Manager DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix C Employee Positions Subject to Drug and Alcohol Testing 49 CFR, Part 653 and 654 Title or description of employee position Mass Transit Operator MW II - Transit MW III - Transit Transit Operations Supervisor Transit Manager Mechanic I - Transit Mechanic II - Transit Mechanic III - Transit Sr. Mechanic - Transit Shop Supervisor - Transit Parking Operations Supervisor (substitute Transit Operations Supervisor) Parking Manager (substitute Transit Manager) Parking and Transit Director Body Repair Mechanic DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix D Management or Supervisory Personnel Subject to Employee Assistance Program Training List below, by title or description, all positions in your organization for which Employee Assistance Program (EAP) training is required under 49 CFR, Part 382. Include the current number of employees for each position. Title or description of employee position Equipment: Cemetery: CBD: Parks & Forestry: Wastewater: Solid Waste: Streets: Water: Equipment Superintendent (1) Shop Supervisor (1) Sr. MW - Cemetery (1) Sr. MW - CBD (1) Parks & Forestry Superintendent (1) Asst. WW Superintendent (1) WW Superintendent (1) Asst. Solid Waste Supt. (1) Asst. Superintendent (2) Streets Superintendent (1) Asst. Water Superintendent (1) Water Superintendent (1) DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix E Management or Supervisory Personnel Subject to Employee Assistance Program Training List below, by title or description, all positions in your organization for which Employee Assistance Program (EAP) training is required under 49 CFR, Part 653 and 654. Include the current number of employees for each position. Title or description of employee position Transit Operations Supervisor (2) Parking Operations Supervisor (substitute Transit Operations Superintendent) (2) Transit Manager (1) Parking Manager (1) Transit Equipment Shop Supervisor (1) Parking and Transit Director (1) DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM APPENDIX G Alcohol Fact Sheet Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoy- ment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions. Signs and Symptoms of Use · Dulled mental processes · Lack of coordination · Odor of alcohol on breath · Possible constricted pupils · Sleepy or stuporous condition · Slowed reaction rate · Slurred speech (Note: Except for the odor, these are general signs and symptoms of any depressant sub- stance.) Health Effects The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], wh/skey [1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards: · Decreased sexual functioning · Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed "alcoholic") · Fatal liver diseases · Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malig- nant melanoma · Kidney disease · Pancreatitis · Spontaneous abortion and neonatal mortality · Ulcers · Birth defects (up to 54 percent of all birth defects are alcohol related). Social Issues · Two-thirds of all homicides are committed by people who drink prior to the crime. · Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. · Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetimes. · The rate of separation and divorce in families with alcohol dependency problems is 7 times the average. · Forty percent of family court cases are alcohol problem related. · Alcoholics are 15 times more likely to commit suicide that are other segments of the population. · More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. The Annual Toll · . 24,000 people will die on the highway due to the legally impaired driver. · 12,000 more will die on the highway due to the alcohol-affected driver. · 15,800 will die in non-highway accidents. · 30,000 will die due to alcohol-caused liver disease. · 10,000 will die due to alcohol-induced brain disease or suicide. · Up to another 125,000 will die due to alcohol-related conditions or accidents. Workplace Issues · It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. · Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. · A person who is legally into~cated is 6 times more likely to have an accident than a sober person. Arnphetamine Fact Sheet Amphetamines are central nervous system stimulants that speed up the mind and body. The physical sense of energy at lower doses and the mental exhilaration at higher doses are the reasons' for their abuse. Although widely prescribed at one time for weight reduction and mood elevation, the legal use of amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely manufactured in crude laboratories. Description · Amphetamine is sold in counterfeit capsules or as white, fiat, double-scored "minibennies." It is usually taken by mouth. · Methamphetamine is often sold as a creamy white and granular powder or in lumps and is packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be taken orally, injected, or snorted into the nose. · Trade/street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin, Speed, Meth, Crank, Crystal, Monster, Black Beauties, and Rits. Signs and Symptoms of Use · Hyperexcitability, restlessness · Dilated pupils · Increased heart rate and blood pressure · Heart palpitations and irregular beats · Profuse sweating · Rapid respiration · Confusion · Panic · Talkativeness · Inability to concentrate · Heightened aggressive behavior. Health Effects · Regular use produces strong psychological dependence and increasing tolerance to drug. · High doses may cause toxic psychosis resembling schizophrenia. · Intoxication may induce a heart attack or stroke due to spiking of blood pressure. · Chronic use may cause heart and brain damage due to severe constriction of capillary blood vessels. · The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre and violent acts. · Withdrawal from the drug may result in severe physical and mental depression. Workplace Issues · Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness because of unusual overtime demands or failure to get rest. · Low-dose amphetamine use will cause a short-term improvement in mental and physical functioning. With greater use or increasing fatigue, the effect reverses and has an impair- ing effect. Hangover effect is characterized by physical fatigue and depression, which may make operation of equipment or vehicles dangerous. Cocaine Fact Sheet Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation. Description · The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of northern South America. · Cocaine Hydrochloridc "snorting coke" is a white to creamy granular or lumpy powder that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per "line" (about 60 to 90 milligrams). Common paraphernalia include a single-edged razor blade and a small mirror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded paper packet containing the cocaine. · Cocaine Base -- a small crystalline rock about the size of a small pebble. It boils at a low temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and the vapor is inhaled. The effect is felt within seven seconds. Common parapher- nalia includes a "crack pipe" (a small glass smoking device for vaporizing the crack crystal) and a lighter, alcohol lamp, or small butane torch for heating. · Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow. Signs and Symptoms of Use · Financial problems · Frequent and extended absences from meetings or work assignment · Increased physical activity and fatigue · Isolation and withdrawal from Mends and normal activities · Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls · Unusual defensiveness, anxiety, agitation · Wide mood swings · Runny or irritated nose · Difficulty in concentration · Dilated pupils and visual impairment · Restlessness · Formication (sensation of bugs crawling on skin) · High blood pressure, heart palpitations, and irregular rhythm · Hallucinations · Hyperexcitability and overreaction to stimulus · 'Insomnia · Paranoia and hallucinations · Profuse sweating and dry mouth · Talkativeness. Health Effects Research suggests that regular cocaine use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing irreparable damage to critical nerve cells. The onset of nervous system illnesses such as Parkinson's disease could also OCCUr. 4 · Cocaine use causes the heart to beat faster and harder and rapidly increases blood pres- sure. In addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to ruptured vessels causing strokes or heart attacks. · Strong psychological dependency can occur with one 't~it" of crack. Usually, mental dependency occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest mental dependency of any known drug. · Treatment success rates are lower than for other chemical dependencies. · Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is rapid. ?fie fatal effects of an overdose are not usually reversible by medical intervention. The number of cocaine overdose deaths has tripled in the last four years. · Cocaine overdose was the second most common drug emergency in 1986--up from 11th place in 1980. Workplace Issues · Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction. · ' Lapses in attention and ignoring warning signals greatly increase the potential for acci- dents. · The high cost of cocaine frequently leads to workplace theft and/or dealing. · A developing paranoia and withdrawal create unpredictable and sometimes violent behavior. · Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed assignments. Cannabinoids (Marijuana) Fact Sheet Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use marijuana for the mildly tranquilizing and mood- and perception-altering effects it produces. Description · Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to light tan. The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly pointed end. Less prevalent, hashish is a compressed, sometimes ta~ike substance ranging in color from pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. It may also be sold in an oily liquid. · Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and incense. · Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are commonly found. Smoking "bongs" (large bore pipes for inhaling large volumes of smoke) can easily be made from soft drink cans and toilet paper rolls. · Trade/street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold, Sinsemilla, Thai Sticks, Hash, and Hash Oil. Signs and Symptoms of Use · Reddened eyes (often masked by eyedrops) · Slowed speech · Distinctive odor on clothing · Lackadaisical "I don't care" attitude · Chronic fatigue and lack of motivation · Irritating cough, chronic sore throat. Health Effects General · When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphyse- ma-like conditions. · One joint causes the heart to race and be overworked. People with undiagnosed heart conditions are at risk. · Marij uana is commonly contaminated with the fungusAspergillus, which can cause serious respiratory tract and sinus infections. · Marijuana smoking lowers the body's immune system response, making users more susceptible to infection. The U.S. government is actively researching a possible connection between marijuana smoking and the activation of AIDS in positive human immunodefi- ciency virus (HIV) carriers. Pregnancy Problems and Birth Defects The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in marijuana concentrate in the ovaries and testes. Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which can lead to temporary sterility. Occasionally, the onset of female sex charac- teristics including breast development occurs in heavy users. Opiates (Narcotics) Fact Sheet Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions, and, when taken in large doses, cause a strong euphoric feeling. Description · Natural and natural derivatives--opium, morphine, codeine, and heroin · Synthetics--meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Percodan) · May be taken in pill form, smoked, or injected, depending upon the type of narcotic used. · Trade/street names include Smack, Horse, Emma, Big D, Dollies, JUice, Syrup, and China White. Signs and Symptoms of Use · Mood changes · Impaired mental functioning and alertness · Constricted pupils · Depression and apathy · Impaired coordination · Physical fatigue and drowsiness · Nausea, vomiting, and constipation · Impaired respiration. Health Effects · IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of needles. · Narcotics increase pain tolerance. As a result, people could more severely injure them- selves or fail to seek medical attention after an accident due to the lack of pain sensitivity. · Narcotics' effects are multiplied when used in combination with other depressant drugs and alcohol, causing increased risk for an overdose. Social Issues · There are over 500,000 heroin addicts in the U.S., most of whom are IV needle users. · An even greater number of medicinal narcotic-dependent persons obtain their narcotics through prescriptions. · Because of tolerance, there is an ever-increasing need for more narcotic to produce the same effect. · Strong mental and physical dependency occurs. · The combination of tolerance and dependency creates an increasing financial burden for the user. Costs for heroin can reach hundreds of dollars a day. Workplace Issues · Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsi- ness place the legitimate user and abuser at higher risk for an accident. · Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause impairment of physical and mental functions. Phencyclidine (PCP) Fact Sheet Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects prevented its use except as a large animal tranquilizer. Pheneyelidine acts as both a depres- sant and a hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-altering effects. Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to excitation and aEitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or physical shocks may cause a "freak out" in which the person has abnormal strenEth, extremely violent behavior, and an inability to speak or comprehend communica- tion. Description · PCP is sold as a creamy, ~ranular powder and is often packaged in one-inch square aluminum foil or folded paper "packets." · It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine, a local anesthetic, and sold as imitation cocaine. · Trade/street names include Angel Dust, Dust, and Hog. Signs and Symptoms of Use · Impaired coordination · Severe confusion and agitation · Extreme mood shifts · Muscle rigidity · Nystagmus (jerky eye movements) · Dilated pupils · Profuse sweating · Rapid heartbeat · Dizziness. Health Effects · The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. · PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an overdose reaction. · Misdiagnosing the hallucinations as LgD induced, and then treating with Thorazine, can cause a fatal reaction. · Use can cause irreversible memory loss, personality changes, and thought disorders. · There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to three days and can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and distance perception are common. The second phase, which does not always follow the first, is a toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The third phase is a drug-induced schizophrenia that may last a month or longer. The fourth phase is PCP-induced depression. Suicidal tenden- cies and mental dysfunction can last for months. Workplace Issues · PCP abuse is less common today than in recent years. It is also not generally used in a workplace setting because of the severe disorientation that occurs. humanrel \ factsht.drg 9 Appendix H Drug and Alcohol Testing Substance Abuse Prevention Program Consequences DRUG TESTS The first time that a drug test on an employee is reported by the MRO as a positive test the employee will be referred to the Employee Assistance Program where they will be evaluated by a Substance Abuse Professional (SAP). The employee may not return to work until they have completed the treatment program recommended by the SAP and have successfully passed a return to duty drug test. During this period of time the employee will be required to use applicable accruals. If an employee runs out of applicable accruals before they are released to return to work they will be placed on an unpaid leave of absence for a limited time until the employee has successfully completed the recommended treatment program. In either case, an employee who cannot be at work and perform assigned duties will receive disciplinary action in the form of a written warning for inability to perform the assigned duties. If an employee continues to use a controlled substance while being treated by a Substance Abuse Professional or fails to comply with the recommended treatment the employee will be subject to disciplinary action up to and including discharge. Following return to work, the second time an employee tests positive for illegal drugs and cannot perform the assigned duties the employee will be terminated. If an employee is tested for drugs as a result of reasonable suspicion, the employee will be sent home following the test. If the test results are positive, the employee will be charged with use of applicable accruals for this time and will be subject to the guidelines and discipline described previously. If the tests results are negative however, the employee will be paid for time spent awaiting the results of the test and no accruals will be used. ALCOHOL TESTS An employee who tests positive for alcohol by having an alcohol concentration of .04 or greater will be subject to the same guidelines listed above for positive drug tests. An employee who has an alcohol concentration of .02 or greater but less than .04 will be sent home and not allowed to return to work until the appropriate time has passed per the regulations (8 hours for FTA, 24 hours for FHWA). While at home the employee will be required to use applicable accruals. Any employee who is unable to perform their assigned duties will generally receive disciplinary action in the form of a written warning the first time, a one day suspension the second time and termination the third time. humanrel\cdldrupol .doc I/, Human Resout'ces/Pe?sonnel A4emo DATE: November 2, 1999 TO: FROM: City Council Sylvia A. Mejia, Personnel Administrator/ RE: Revisions to Commercial Driver's License Program As required by 49 C.F.R. 5307, the Federal Transit Administration conducted a Triennial Review of the iowa City Transit program to assess compliance with federal requirements. Following a review of the City of Iowa City Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol it was required that the City provide additional information in the program document. Failure to correct these deficiencies could jeopardize future FTA funding· Following is a list of changes that were made as a result of the review: 3. 4. 5. Added the name of the contact person for the program. (Section 1, page 1) Added the number of hours prior to reporting to work in which a driver will not consume alcohol. (Section 5.1, page 3) Listed behaviors that constitute a refusal to test. (Section 5.1, page 3) Added a statement of compliance specifically identifying the applicable law regarding recordkeeping. (Section 11, page 23) Listed all records being maintained under the specific timeframe for such records. (Section 11.2, page 24) In addition, Appendix B was updated to reflect the current job titles of all positions subject to the policy. Following approval of the resolution adopting the new policy, a copy of the resolution will be included in the policy. The new policy will be forwarded to the FTA as documentation of our compliance with their requirements. If you have any questions, please contact me at 356-5026. Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 99-381 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE COMMUNITY DEVELOPMENT DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE HOUSING I~EHAB OFFICER POSITION AND ADDING ONE HOUSING REHAB SPECIALIST POSITION. WHEREAS, Resolution No. 99-70, adopted by the City Council on March 2, 1999, authorized permanent positions in the Community Development Division of the Planning and Community Development Department for FY00; and WHEREAS, ReSolution No. 99-275, adopted by the City Council on July 27, 1999, established a classification/compensation plan for AFSCME employees; and WHEREAS, due to the upcoming retirement of the Housing Rehab Officer, a review of work assignments and duties of the positions in the Housing Rehabilitation Program has been completed; and WHEREAS, this review has resulted in a decision to clarify and delineate cedain job duties; and WHEREAS, to increase productivity and efficiency a reorganization of the Housing Rehabilitation Program is recommended. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: Effective January 8, 2000 the budgeted positions in the Community Development Division of the Planning and Community Development Depadment be amended by: 1. The deletion of one full-time Housing Rehab Officer position, AFSCME pay grade 14. 2o The addition of one full-time Housing Rehab Specialist position, AFSCME pay grade 11. The AFSCME pay plan be amended by: 1. The deletion of one full-time Housing Rehab Officer position, pay grade 14. 2. The addition of one full-time Housing Rehab Specialist position, pay grade 11. day of November ,19 99 Passed and approved this 9th ATTEST:C~ ~ ~) AY Resolution No. 99-381 Page 2 It was moved by Tho~'nberr'.y and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell .l~ hornberry Vanderhoef City of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 28, 1999 City Council and City Manager Karin Franklin, Director of Planning and Commu ment Steve Nasby, Community Development Coordinatc~.~ Proposed Reorganization of the Housing Rehabilitation Office The Housing Rehabilitation Program, established by the City more than 20 years ago, has been serving the public by preserving the older and affordable housing stock. During most of that time Pare Barnes, Housing Rehabilitation Officer, has been with the program. Due to Pam's pending retirement we have an opportunity to review the work assignments and duties of the 2.5 FTE positions in the Housing Rehabilitation Program. Currently the positions in the Housing Rehabilitation Office consist of the following: · A Housing Rehabilitation Officer (Title 14) · A Housing Rehabilitation Assistant (Title 11 ) · A ~ time Program Assistant (Title 7) Our goal for this reorganization is to increase productivity and efficiency. We feel this may be accomplished by shifting additional supervisory duties to the Community Development Coordinator and eliminating the Housing Rehabilitation Officer position. To compensate for the workload we are proposing replacing the Housing Rehabilitation Officer position with a Housing Rehabilitation Assistant. Due to this change it will be necessary to amend the job description and change the title of the Housing Rehabilitation Assistant. The new title will be Housing Rehabilitation Specialist. After the reorganization is complete the Housing Rehabilitation Office will consist of 2.5 FTE positions as follows: · Two Housing Rehabilitation Specialists (Title 11 ) · A ¼ time Program Assistant (Title 7) Following the City Council's approval we will begin advedising for one Housing Rehabilitation Specialist. We anticipate interviewing candidates and hiring someone effective January 8, 2000. If you have any questions about this reorganization please contact Steve Nasby at 356-5248. Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-382 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, the City of Iowa City condemned a permanent easement and temporary construction easement for a sewer force main on property owned by the Lester and Mary Frances Kempf Trust on September 7, 1995; and WHEREAS, the Trust appealed the condemnation award entered by the compensation commission; and WHEREAS, the parties in this matter have settled their differences and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to the Lester and Mary Frances Kempf Trust in the amount of $30,000 in full satisfaction of any and all claims against the City, and in consideration of the Lester and Mary Frances Kempf Trust's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session, it is hereby ratified, for the total sum of $30,000, payable to the Lester and Mary Frances Kempf Trust and its attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon the Lester and Mary Frances Kempf Trust's execution of an appropriate release. Passed and approved this 9th ATTEST: day of November ,1999. "~'~-~..,. ,, city Attorney,s office Resolution No. 99-382 Page 2 It was moved by Norton 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