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Home My WebLink About2001-06-26 Resolution RESOLUTION NO. 01-171 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Etc. 118 S. Dubuque Street Sheraton Iowa City 210 S. Dubuque Street Fraternal Order of Eagles #695 225 Hwy. I West It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X __ O'Donnell X __ Pfab × Vanderhoef Wilburn Passed and approved this 26th day of June , 20 0_Z/~:~~,q,,,, Y ,by CI~,CLE~K City Attorney;s Office clerk\res\danceprm.doc Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO, 01-172 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 26 th day of J Approved by ER City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn clerkVes~cigperm.doc REVISED 6/26/01 ._~ r_, ~16) CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~Aa&/jJMINI MART 97 00005 01069 C MINI MART INC ~j~XX~ LIQUOR STORE 01 01086 01086 C LIQUOR STORE INC THE 93 000120 001C . LARSON INVESTMENT COMPANY / ~7q7 /~T~ WORLD G~ 01 00091 01091 C WQR-I=[~ CHILL INC ~AMES 85 00074 01068 C MOTIF LTD ~PUS AMOCO SERVICE 86 00021 01002 C \~KEITH D VILLHAUER ENTERPRISES INC SAND BOOKS 94 00006 01003 C {R PAUL PENNINGROTH CITY PLAZA HOTEL(CHAUNCEY'S) 00 00013 01074 V MERISTAR MANAGEMENT CO LLC- C EGE STREET OASIS 00 00011 01005 C \~ STREET NEWS [~LONIAL LANES 85 00003 01006 C PERSHELL CORP 95 00005 01004 C RJUqDALL ' S INTERNATIONAL INC i~S SHORT STOP CORPORATION 86 00022 01007 C, 2~67, DANIEL J GLASGOW V DDE~GA~OOD 85 00092 01063 V VENDING DE~L~'iILiIMART 87 00013 01009 C ~7~ MART CORPORATION ~D~E~I MART #2 87 00018 01066 C 3~17 MART CORP CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER APPLIC~tNTS NAME PURPOSE ~L~,~IMART #3 98 00014 01010 C ~7~ DELI MART CORP #5 00006 011c RT CORPO~TION 00 00017 01082 C EE INC VENDING D~UE STREET ~DI~RT 90 00009 01018 C TROM OIL COMPLY FOOD CENTER ~157 85 00004 01014 C STORES INC E EWAY STORES INC 95 00006 01015 C ~%Y STORES INC TERNAL O~ER OF EAGLES ~695 98 00003 01016 C F~TE~AL ORDER OF EAGLES ~695 G~S 91 00008 01061 V 3735 VEND I NG N ERPRISES G BY'S EAST 00 00004 01019 C ~'NTERPRISES INC C~SS LODCE PIPE EMPORI~ 00~t~--- 01085 C ~N V~-BEI~EN D CHI HO CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE ~TIG DRUG STORE #10 98 00001 01021 C HARTIG DRUG COMPANY INC IIAWKEYE VENDING ~00 00016 01083 C QUALITY VENDING MFV~U~ CAT 00 00014 01022 C RE FIBRE INC H LTOP LOUNGE 95 00003 01024 H~ILLLTTOP TAVERN LTD SINCLAIR ~f~_-~ Food STORE #~ 85000090~025C ~ FOOB STORE ~2 ~000100~02~C INC ~ Food s~o~ ~3 s5ooo~ o~o2~ c INC S~ROTHER'S BAR & GRILL 00 00015 01055 C R'S OF IOWA CITY INC GROCERY, INC. 85 00054 01070 GROCERY INC CORPO~TION CO KITTY ~WK, TRS ~S 00097 010B? V RECAL VENDING ~& GO ~422 8S 00025 01049 C ~USE GENTLE OIL CORPO~TION & GO ~B1 01 01087 01087 & GO LC GO ~52 01 01088 01088 GO LC CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS N.nj~IE PURPOSE K~/,~&&GO #53 01 01089 01089 C ~7~7 GO LC MIGHTY SHOP, INC. 85 00045 01030 C 37~B MIGHTY SHOP INC ORDER OF MOOSE LODGE ~1096 87 00005 01031 C 370~ ORDER OF MOOSE LODGE ~1096 N 'S IRISH P~ 00 00008 01081 C WN IOWA CITY ENTERTAINMENT LLC INI'S 00 00003 01056 V . L VENDING & ~USEMENT MEMORIES 91 0000~ 01058 V REGAL VENDING MI TAP 89 00004 01059 V ~~NDING ERESTAU~T THE 99 00010 01073 V YE ~USEMENT M~H~RT 96 00005 01033 C ~7~ NA INC ~'S SALOON & ~TERY 85 00062 01060 V ~WKEYE ~USEMENT H DODGE EXPRESS 01 01090 01090 C XPRESS INC TROM OIL COMP~ GO CO~ENIENCE STORES 00 00002 01035 C GO CO~ENIENCE STORES INC STeENT INC C~DRUG STORE ~448 (C{~ ~{a) 85 00116 01036 C C~ DRUG STORES INC OS~ DRUG D~RES ~2393 (~XC~r,~[] 94 00003 01037 C ~ERIC~ DRUC STORES INC ~e. REVISED 6/26/01 CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE OUTER LIMITS OF IOWA CITY 90 00001 01076 V }{AWKEYE AMUSEMENT PA~ULL'S OF IOWA CITY 85 00100 01038 C 37C] 'S DISCOUNT OF IOWA CITY INC PE O-N-PROVISIONS 98 00008 01080 C ~INS INC JOE & FAYE GROBIN WKOR BOWLING, INC. 85 00063 01077 V EYE ~SEMENT ~X THE 00 00009 01065 C JAY INC E 90 00007 01078 V ~USEMENT ~NTON'~ ~ DELI 99 O0O!! 010~2 ~ M-~E ~RTY ENTERPRISES INC ' ' ~OCO SERVICE 85 00137 01044 C, INC E X~T BL~ ~WKEYE CO~ENIENCE STORE 00 00007 01045 C, IN~D T~SPORT COMPLY I~ESTORS LC U~B~ ~OCO-KEOKUK STREET 98 00012 01047 C B~ I~ESTORS, L.C. ~ D & DAVID V NORDSTROM MINI ~T 85 00085 01051 C T CCO BOWL 91 00009 01084 C ~SIPPI VALLEY TOBACCO ~CO OUTLET PLUS ~537 97 00008 01052 C KWIK TRIP INC CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 6 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE -TUCK'S ~LACE 85 00042 01053 C' TUCKER JAMES J 0~2~ 93 000~3 01079 v YE AMUSEMENT COMPANY V~ETAVERN & EATERY 01 00092 C DY INVESTMENTS INC STORES INC LW/ALL~REENS 85 00029 01054 C REEN COMPANY THE OLD MARKET PLACE 02-0285 C THE OLD MARKET PLACE INC CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 1 DOING BUSINESS AS LICENSE # APPLICANTS NAME PURPOSE A~&&jJ MINI MART 97 00 01069 C MINI MART INC LIQUOR STORE INC S & ~RSON I~ESTMENT ATLAS W~ C~L -- 01 0009[ 01091 C ~-~RLD CRILL INC MOTIF LTD US ~OCO SERVICE 86 00021 01002 C H D VILL~UER ENTERPRISES INC C NEWS ~D BOOKS 94 00006 01003 C ~7~ ~~E~INGROTH CITY P~ZA HOTEL(C~CEY'S) 00 00013 01074 V MERISTAR ~]ACEMENT CO LLC - C EGE STREET OASIS 00 00011 01005 C .. ~~ STREET NEWS ~LONIAL ~ES 85 00003 01006 C 3~7~ . PERSHELL CORP / O~ 95 00005 01004 C INTE~ATI INC ' / D E'S FOXHE~ ~AVE~ ~5 00023 01008 C SKY DAVID L VEND!NG RT'/ 87 )0013 01009 C ~7~ ~ CORPO~TION LI ~RT ~2 87 018 01066 C 3~17 RT CORP / CIGARETTE PERMITS PRINTED : 30-APR-01 PAGE: 5 PURPOSE k OUTER LIMIT~ OF IOWA CITY 01 01076 V · HAWKEYE AMUSEMENT PA~ULL'S OF IOWA',\CITY 85 00100 01038 C 37~'] 'S DISCOUNTXOF IOWA CITY INC \ 00008 01080 C 37/~ INC &FAYE GROBIN WKOR BOWLING, ~/ 85 00063 01077 V EYE AMUSEMENT SSBOX THE 00 00009 01065 C W'WW~THE 90 00007 01078 V YE AMUSEMENT QUINTON'S DAR & DELI 99 00011 010~3 C SS~SS' AMOCO SERVICE 85 00137 01044 C, INC ~jTUARY RESTAUP, A~T ~ PUB THE 98 00O13 0~064 C. LIMITED ~! BLVD HAWKEYE COm~NIENCE STORE 00 O0O07 01045 C INLAND TRANSPORT COMPANY S2~UBURB~ AMOCO / 97 00007 01046 C ,37Z7' RBAN INVESTORS s T Di RT 930000801048c AM D & DAVID V NORDSTROM MINI MART 85 00085 01051 C T CCO~OWL 91 00009 01084 C ~TZ~ ~ VALLEY ~oio~uI~T ~LuE #537 97o0008~01o5~ c / / , Business Date Time Sale Officers Charged Inc # Case # F~ A&J Mini Mart, 2153 ACT Cir.(Sinclair) 2/26/01 1748 Y 43/60 Y 1011080 200101707 A&J Mini Mart, 2153 ACT Cir.(Sinclair) 5/16/01 1956 Y 27/24 Y 1028945 200104358 JUf126 10:00 AAJAXXX Liquor Store, 107 S. Linn St 3/3/01 1520 N 17/54 1012192 AAJAXXX Liquor Store, 107 S. Linn St 5/16/01 2028 N 27/24 1028955 CITY CLERK Airliner, 22S. Clinto. 2/26/01 1904N 43/60 1011101 ~OV%/A CITY, Airliner, 22 S. Clinton 5/16/01 2039 Y 27/24 Y 1028959 200104363 Atlas World Grill, 127IowaAve 6/15/01 2027 N 36/26 1035268 BoJames, 118 E. Washington St 2/26/01 1900 N 43/60 1011099 BoJames, 118 E. Washington St 5/16/01 2120 N 27/24 1028969 Campus Amoco, 102 E Burlington 2/26/01 1856 N 43/60 1011097 Campus Amoco, 102 E Burlington 5/16/01 2034 N 27/24 1028957 City News, 113 Iowa Ave 2/26/01 1614 N 43/60 1011071 City News, 113 Iowa Ave 5/20/01 1533 Y 36/26 Y 1029843 200104488 College St Oasis, 110 E. College 2/26/01 1724 Y 43/60 Y 1011072 200101706 College St. News, 116 E. College St 5/16/01 2140 Y 27/24 Y 1028972 200104365 Colonial Lanes, 2253 Hwy 921 2/26/01 1835 N 43/60 1011090 Colonial Lanes, 2253 Hwy 921 5/16/01 1900 N 27/24 1028930 Cub Foods, 855 Hwy 1 West 2/26/01 1622 N 43/60 1011053 Cub Foods, 855 Hwy 1 West 5/16/01 1850 N 27/24 1028928 Dan's Shortstop, 2221 Rochester 2/26/01 1805 N 43/60 1011083 Dan's Shortstop, 2221 Rochester 5/16/01 1944 N 27/24 1028939 Dave's Foxhead, 402 E Market 4/4/01 1844 N 43/55 1019278 Dave's Foxhead, 402 E Market 5/16/01 2020 N 27~24 1028950 Deadwood, 6 S Dubuque St (V) 3/3/01 1641 Y 17/54 Y 1012206 Deadwood, 6 S Dubuque St (V) 5/16/01 2055 Y 27/24 Y 1028962 Delimart#2, 1920 LowerMuscatine 2/26/01 1818 N 43/60 1011086 Delimart#2, 1920 LowerMuscatine 5/16/01 1918 N 27~24 1028934 Delimart#3, 2410 Mormon Trek 2/26/01 1615 N 43/60 1011049 Delimart#3, 2410 Mormon Trek 5/16/01 1818 N 27/24 1028921 Delimart, 525 Hwy 1 W 2/26/01 I626 N 43/60 1011056 Delimart, 525 Hwy 1 W 5/16/01 1845 N 27/24 1028927 Delimart, 828 N Dubuque 2/26/01 1640 N 43/60 1011060 Delimart, 828 N Dubuque 5/16/01 1910 N 27/24 1028933 Den, 207 E. Washington St 4/4/01 1929 N 43/55 1019288 Den, 207 E. Washington St 5/20/01 1547 N 36/26 1029844 Doc's Standard, 801 S. Riverside 2/26/01 1636 N 43~60 1011058 Doc's Standard, 801 S. Riverside 5/16/01 1905 N 27~24 1028932 Drugtown, 310 N 1stAve 4/4/01 1836 N 43/55 1019276 Drugtown, 310 N 1st Ave 5/16/01 1927 Y 27/24 Y 1028937 200104355 Dublin Underground, 5 S Dubuque St (V) 3/3/01 1655 N 17/54 1012204 Dublin Underground, 5 S Dubuque St (V) 5/16/01 2117 N 27/24 1028966 Eagle Foods, 600 N Dodge 2/26/01 1805 N 43~60 1011082 Eagle Foods, 600 N Dodge 5/16/01 2008 N 27/24 1028948 Eagle's Club, 226 Hwy 1 W 2/26/01 1840 N 43/60 1011094 Eagle's Club, 226 Hwy 1 W 5/16/01 1830 Y 27~24 Y 1028925 200104351 Fareway, 2530 Westwinds Dr 2/26/01 1609 N 43/60 1011048 Fareway, 2530 Westwinds Dr 5/16/01 1811 N 27/24 1028917 Gabe's, 330 E Washington St (V) 5/17/01 2156 N 43~27 1029242 Gabe's, 330 E Washington St (V) 4/4/01 1907 Y 43/55 Y 1019282 200102884 Gasby's, 1310 S. Gilbert 5/17/01 2010 N 43/27 1029218 Gasby's, 1310 S. Gilbert 2/26/01 1650 Y 43/60 Y 1011062 200101704 Gasby's, 2303 MuscatineAve 2/26/01 1814 N 43~60 1011084 Gasby's, 2303 Muscatine Ave 5/17/01 2049 N 43~27 1029229 Great Wall, 220 Stevens Dr 2/26/01 1825 N 43~60 1011088 Great Wall, 220 Stevens Dr 5/20/01 1442 N 36~26 1029845 Grizzley's, 1208 Highland Ct (V) 4/4/01 1820 N 43~55 1019274 Gdzzley's, 1208 Highland Ct (V) 5/17/01 2002 N 43/27 1029215 Handimad 1410 Willow Creek Dr 3/1/01 1705 N 26~2 1011714 Handimad 1410 Willow Creek Dr 5/17/01 2122 N 43~27 1029236 Handimad 204 N Dubuque 3/1/01 1847 N 26~2 1011740 Handimad 204 N Dubuque 5/17/01 1922 N 43~27 1029201 Handimarl 2545 N Dodge 5/17/01 1907 N 43~27 1029197 Handimad 2545 N Dodge 3/30/01 1605 Y 52/26 Y 1012248 200101887 Hartig Drug, 701 Mormon Trek 3/1/01 1717 N 26~2 1011716 Hartig Drug, 701 Mormon Trek 5/20/01 1506 Y 36~26 Y 1029846 200104489 Hawkeye Conv. Store 2875 Commerce Dr 3/1/01 1756 N 26~2 1011725 Hawkeye Conv. Store, 2875 Commerce Dr 5/17/01 2105 N 43~27 1029232 Hawkeye Conv. Store, 300 Kirkwood 3/1/01 1824 N 26/2 1011733 Hawkeye Conv. Store, 300 Kirkwood 5/17/01 1950 N 43~27 1029211 Hemp Cat, 114 1/2 E College 3/3/01 1740 Y 17/54 Y 1012222 200101881 Hemp Cat, 114 1/2 E College 6/21/01 1827 N 54~28 1036462 Hilltop Lounge, 1100 N Dodge 3/3/01 1550 N 17/54 1012199 Hilltop Lounge, 1100 N Dodge 6/15/01 1911 Y 36/26 Y 1035268 200105283 Hilltop Sinclair, 1123 N Dodge St 3/3/01 1540 N 17/54 1012196 Hilltop Sinclair, 1123 N Dodge St 5/17/01 1850 Y 43~27 Y 1029192 200104400 HyVee#1, 1720WaterfrontDr 3/1/01 1738 N 26~2 1011721 HyVee#1, 1720WaterfrontDr 5/17/01 2013 N 43/27 1029231 HyVee #2, 812 S 1st Ave 3/1/01 1812 N 26~2 1011730 HyVee #2, 812 S 1st Ave 5/17/01 2051 N 43~27 1029231 HyVee#3, 1201 N Dodge 3/1/01 1546 N 17/54 1012197 HyVee#3, 1201 N Dodge 5/17/01 1833 Y 43~27 Y 1029186 200104398 John's Grocery, 401 E Market 3/1/01 1843 N 26~2 1011739 John's Grocery, 401 E Market 5/17/01 1925 N 43~27 1029203 Kittyhawk, 1012 Gilbert Ct (V) 3/3/01 1627 N 17/54 1012203 Kittyhawk, 1012 Gilbert Ct (V) 5/17/01 1954 N 43~27 1029213 Kmart, 901 Hollywood Blvd 3/1/01 1747 N 26~2 1011723 Kmart, 901 Hollywood Blvd 5/17/01 2028 N 43/27 1029223 Kum and Go, 25 W. Burlington St 3/3/01 1525 N 17/54 1012193 Kum and Go, 25 W. Burlington St 5/17/01 1934 N 43~27 1029206 Kum and Go, 323 E Burlington 3/1/01 1835 N 26~2 1011735 Kum and Go, 323 E Burlington 5/17/01 1940 N 43~27 1029207 Kum and Go, 513 S. Riverside Dr. 3/1/01 1649 N 26~2 1011711 Kum and Go, 513 S. Riverside Dr. 5/17/01 2128 Y 43/27 Y 1029237 200104405 Kum and Go, 955 Mormon Trek 3/1/01 1712 N 26/2 1011715 Kum and Go, 955 Mormon Trek 5/17/01 2116 N 43~27 1029235 L & M Mighty Shop, 504 E Burlington 3/1/01 1839 N 26~2 1011737 L&M Mighty Shop, 504 E. Burlington 5/17/01 1942 N 43/27 1029209 Malone's, 121 Iowa Ave 5/17/01 2150 N 43~27 1029241 Malone's, 121 Iowa Ave 3/3/01 1700 Y 17/54 Y 1012211 200101877 Martini's, 127 E. CollegeAve (V) 6/15/01 1955 N 36/26 1035268 Martini's, 127 E. College Ave (V) 3/3/01 1725 Y 17/54 Y 1012220 200101879 Memories, 928 Maiden Ln (V) 5/17/01 1640 N 36~24 1029165 Memories, 928 Maiden Ln (V) 3/3/01 1602 Y 17/54 Y 1012100 200101875 Mike'sTap, 122WrightSt 3/1/01 1830 N 26~2 1011734 Mike's Tap, 122 Wright St 5/20/01 1525 N 36~26 1029849 Mill Restaurant, 120 E. Burlington (V) 5/17/01 1655 N 36~24 1029170 Mill Restaurant, 120 E. Burlington (V) 414101 1938 Y 43~55 Y 1019290 200102888 Mini Mart (Sinclair), 731 S Riverside 3/1/01 1653 N 26~2 1011712 Mini Mart (Sinclair), 731 S Riverside 5/17/01 1505 N 36~24 1029137 Morgan's, City Plaza Motel, 210 S Dub (V) 3/1/01 1718 Y 17/54 Y 1012214 200101878 Mumre's, 21 W. Benton St (V) 3/3/01 1632 N 17/54 1012205 Mumre's, 21 W. Benton St (V) 6/15/01 1928 N 36~26 1035294 North Dodge Express, 2790 N. Dodge St 3/3/01 1620 N 52~26 1012247 North Dodge Express, 2790 N. Dodge St 5/17/01 1617 N 36~24 1029161 On The Go Convenience Store 3/1/01 1805 N 26~2 1011727 On The Go Convenience Store 5/17/01 1550 N 36~24 1029154 One Eyed Jake's, 18 S. Clinton St 3/3/01 1722 N 52~26 1012249 Osco Drugs, 201 S. Clinton St 3/3/01 1852 N 52/26 1012250 Osco Drugs, 201 S. Clinton St 5/17/01 1706 Y 36~24 Y 1029173 200104394 Outer Limits, 1910 S. Gilbert St (V) 5/20/01 1448 N 36~26 1029852 Outer Limits, 1910 S. Gilbert St (V) 3/3/01 1755 Y 52/26 Y 1012252 200101888 Paul's, 424 Hwy 1 W 3/1/01 1657 N 26~2 1011713 Paul's, 424 Hwy 1 W 5/17/01 1426 Y 36/24 Y 1029131 200104384 Petro N Provisions, 2 Escort Ln 3/3/01 1815 N 52~26 1012253 Petro N Provisions, 2 Escort Ln 5/17/01 1453 N 36~24 1029146 PlamorLanes, 1555 1stAve(V) 5/20/01 1430 N 36~26 1029847 Plamor Lanes, 1555 1stAve (V) 3/3/01 1700 Y 52~26 Y 1012254 200101884 Pressbox, 1920 Keokuk St 1/6/00 1816 N 54~28 1036461 Que, 211 IowaAve(V) 5/17/01 1737 N 36~24 1029177 Que, 211 IowaAve(V) 3/3/01 1934 Y 52~26 Y 1012256 200101890 Quinton's, 215 E. Washington 3/3/01 1929 N 52~26 1012257 Quinton's, 215 E. Washington 5/17/01 1725 Y 36~24 Y 1029176 200104396 Russ' Amoco, 305 N Gilbert 3/3/01 1552 N 52~26 1012258 Russ' Amoco, 305 N Gilbert 5/17/01 1628 N 36~24 1029163 Sanctuary, 405 S. Gilbert St 3/3/01 1910 N 52~26 1012259 Sanctuary, 405 S. Gilbert St 5/17/01 1648 N 36/24 1029167 Suburban Amoco, 1905 Keokuk 3/3/01 1741 Y 52~26 Y 1012261 Suburban Amoco, 1905 Keokuk 5/17/01 1517 Y 36/24 Y 1029140 200104387 Suburban Amoco, 370 Scott Ct 3/3/01 1635 Y 52~26 Y 1012260 Suburban Amoco, 370 Scott Ct 5/17/01 1536 Y 36/24 Y 1029151 200104388 T&M Mini Mart, 2601 Hwy 6 E 3/3/01 1726 N 52~26 1012262 T&M Mini Mart, 2601 Hwy 6 E 5/17/01 1528 N 36~24 1029149 Tobacco Bowl, 111 S Dubuque 3/3/01 1900 N 52/26 1012263 Tobacco Bowl, 111 S Dubuque 5/17/01 1701 N 36/24 1029171 Tobacco Outlet Plus, 923 S. Riverside 3/3/01 1845 N 52~26 1012264 Tobacco Outlet Plus, 923 S. Riverside 5/17/01 1421 N 36~24 1029130 Tuck's Place, 210 N. Linn 3/3/01 1545 N 52~26 1012265 Tuck's Place, 210 N. Linn 5/17/01 1625 N 36~24 1029162 Union Bar, 121 E. College St (V) 4/4/01 2059 N 43~55 1019307 Union Bar, 121 E. College St (V) 5/16/01 2130 N 27~24 1028973 Vine, 330 E. Prentiss St 6/15/01 1946 N 36~26 1035295 Walgreens 3/3/01 1654 N 52~26 1012268 Walgreens 5/17/01 1555 N 36~24 1029156 Walmart, 1001 Hwy 1 W 5/17/01 1442 N 36/24 1029135 Walmart, 1001 Hwy 1 W 3/3/01 1824 Y 52/26 Y 1012267 200101893 Prepared by: Terry Trueblood, P&R Director, 410 E. WashingtDn St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. 01-173 RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RECONSTRUC- TION OF THE CITY PARK TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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 10th day of July, 2001, 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. 2. 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. 3. 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 Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 26'th day of Appreved by City Attorney's Office Resolution No. 01-173 Page 2 It was moved by Champ'ion and seconded by Vander-hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman 'X' O'Donnell X Pfab ~ Vanderhoef X Wilbum Prepared by: TemT' Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. 01-174 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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 10th day of July, 2001, 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. 2. 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. 3. 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 Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 26th day of June ,20 01 Approved by Resolution No. 01-174 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~( Kanner ;~ Lehman X O'Donnell X Pfab X Vanderhoef ~( Wilbum //, ~_ 06-26-0~ Prepared by: Liz Osborne, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-175 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AMERICAN RESIDENTIAL FUNDING, MT. VERNON, IOWA, FOR PROPERTY LOCATED AT 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and a Promissory Note in the total amount of $9,588.99, executed by the owners of 424 North Van Buren Street on August 21, 2000 and recorded on August 28, 2000, Book 2999, Page 677 through Page 681 and executed on February 13, 2001 and recorded on February 22, 2001, Book 3038, Page 36 through Page 42, in the Johnson County Recorder's Office covering the following described real estate: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, American Residential Funding is financing a first mortgage in the amount of $118,000 to the owners of 424 North Van Buren Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the lien of the proposed mortgage in order to induce American Residential Funding to make such a loan; and WHEREAS, American Residential Funding has requested that the City execute the attached subordination agreement, thereby making the City's lien subordinated to the lien of said Mortgage with American Residential Funding; and WHEREAS, there is sufficient value in the above described real estate to secure the City 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 American Residential Funding, Mt. Vernon, Iowa. Passed and approved this 26t, h day of June ,20. 0z Approved by dT~ Attorney's Office Resolution No.01-175 Page 2 It was moved by Champion and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/424nvanburen.dcc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and American Residential F, nd~n~ Of Mount Vernon, Iowa , herein the Financial Institution. holder of a cert ~ which at WHEREAS, the City is the owner and ainPro~oirs~oar~eNsote and this time is in the amount of $ 9,588.99 and were executed by James H and T.pAn'np T TIt-~'i ~?' (herein the Owner), dated August 21, 2000 , , recorded August Pg. ?nnn in Book 2999, Page7~ through 681 , and dated Febr,ary 1 t , ~nnL recorded February 22 , 2001, in Book 3038 , Page 36 through /.7 , Johnson County Recorder's Office, covering the following described real property: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $118.000 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 thePr°miss°rY Note and Mortgages 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: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted P~½~as~er~ Note and 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. 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. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in f!vor of the Financial Institution is hereby ~: of the City. acknowledged as a lien supedor to the ~o~-~ as~°e=sy I, loce & 4. 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 [ q'('~ day of JU, rl~_.. ,20 0 I Attest: · Mayor B~ z,//.,,. Ci~ ~eys0ffice CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~[~...,)~= , 20 oI , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared E:,-,~...s+ cO. L-e-6-,~.,~. and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Orj'5'Yance~ (Resolution) No. o I- ! 75 passed (the Resolution adopted) by the City Council, under Roll Call No. - ~ of the City Council on the e~, day of 3'~_,,,~ , 20 ~ I , and that _'~'r,-,.ts4 U,). L~ k,~.~. and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary aot and deed of the corporation, by it voluntarily executed. FefSONDRAE FORT ~ Notary Public in and for the State of Iowa Commission Number 159791 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~/? day of J/xA,'( , A.D. 20 O ! , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .~///t/ 77. ,,q~ 7',C//~ f..~,,~ a. nd , to me personally known, who s iv o on e e 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 J~/-/~ r,, ,'~/~',~/-/z,f/,(,~ and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o DAVID J. POWERS Notary Public i>~n~for the State of Iowa ppdcdbg~subrdntnagt.doc 06-26-01 3f(2) Prepared by: Liz Osborne, PCD, 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5246 RESOLUTION NO. 01-176 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'i'FEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1726 DOVER STREET, IOWA CITY, IOWA. WHEREAS, on January 25, 1995, the owners of 1726 Dover Street executed a conditional low interest loan for the amount of $1,700; and WHEREAS, the loan was paid off on June 7, 2001; 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 1726 Dover Street, Iowa City, Iowa from the Rehabilitation Agreement, the Promissory Note, and the Mortgage recorded on January 31, 1995, Book 1864, Page 79 through Page 90 of the Johnson County Recorder's Office. Passed and approved this 26th day of June ,20. 01. Approved by It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/1726dover.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 1726 Dover Street, Iowa City, Iowa, Iowa, and legally described as follows: Lot 111, Village Green South Addition Part Two, Johnson County, Iowa, according to the plat thereof recorded in Book 18, Page 67, Plat Records of Johnson County, Iowa. from an obligation of the property owners, Michael S. and Natalie A. Wakeman, to the City of Iowa City in the principal amount of $1,700 represented by the Rehabilitation Agreement, the Promissory Note and the Mortgage recorded on January 31, 1995, Book 1864, Page 79 through Page 90 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recor d documents. MAYOR Approved by CI'~LERK City Attorney's Office~' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this &t., day of ~ ~j , A.D. 20 ~,~ , before me, the undersigned, a u. F_._ 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..~- 17~,, adopted by the City Council on the ;& , day ~,-(' ,20 ol 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. Notary Public in and for Johnson County, Iowa t"lSONDRAE FORT rer-. mission Number 159T91 06-26-01 RESOLUTION NO. 01-177 P~SOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARiNG WHEREAS, on the 15th day of March, 2001, Lucas Mark Mayhew was convicted/pied guilty in Johnson County District Court, Case No. STIC116128 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Lucas Mark Mayhew was an employee of the establishment operating under the retail cigarette permit issued to A & J Mini Mart, Inc., 2153 ACT Circle, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on the 28th day of March, 2001, A & J Mini Mart, Inc., waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalfofA & J Mini Mart, Inc. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney' s Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: dune 26, 2001 City~'lerk, City of Iowa City C~ty Attomey's Office Resolution No. 01-177 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ){ O'Donnell X Pfab X Vanderhoef X Wilbum H}~ 06-26-01 Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-(SUB01- -~J'~ !5h f RESOLUTION NO. 01-178 RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF WALNUT RIDGE PARTS 9 AND 10, IOWA CITY, IOWA, WHEREAS, the owners, John W. Kennedy, Barbara F. Kennedy, and Dorothy Kisner, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walnut Ridge, Parts 9 and 10; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walnut Ridge, Parts 9 and 10, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 26 th day~./~. ATTEST:C,T ; - TM/~ It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman 1' O'Donnell X Pfab X Vanderhoef X Wilburn ppdadrnnlres/walnutg&10.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 01-179 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF WHITE BARN ESTATES, JOHNSON COUNTY, IOWA. WHEREAS, the owner, the Ethel Cole Estate, c/o Hills Bank and Trust, filed with the City Clerk the preliminary and final plat of White Barnes Estates, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE NOO°30'07"E, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 1813.42 FEET TO A POINT ON THE SOUTHERLY LINE OF A PLAT OF SURVEY AS RECORDED IN PLAT BOOK 31, AT PAGE 224, RECORDS OF JOHNSON COUNTY, IOWA, AND THE POINT OF BEGINNING; THENCE N90°00'00"W, ALONG THE SOUTHERLY LINE OF SAID PLAT OF SURVEY, 1831.06 FEET TO THE SOUTHWEST CORNER OF SAID PLAT OF SURVEY; THENCE N00°00'40"E, ALONG THE WESTERLY LINE OF SAID PLAT OF SURVEY, 329.99 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF CHURCH OF CHRIST SUBDIVISION TO JOHNSON COUNTY, IOWA, AS RECORDED IN PLAT BOOK 30, AT PAGE 280, RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°13'54"E, ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 380.01 FEET; THENCE N00°00'00"W, ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 605.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AMERICAN LEGION ROAD SE; THENCE S89°13'54"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 498.82 FEET; THENCE SOUTHEASTERLY, 267.19 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND AN ARC OF A 680.72 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 265.48 FOOT CHORD BEARS S77°59'13"E; THENCE S66°44'32"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 780.94 FEET TO A POINT ON SAID EAST LINE OF THE SOUTHWEST QUARTER; THENCE S00°30'07"W, ALONG SAID EAST LINE, 559.88 FEET TO SAID POINT OF BEGINNING, CONTAINING 30.44 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Depadment examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a conditional 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. 01-179 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. 3. 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 preliminary and 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 26th day o~~R~ ~ It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB99-0025, White Barn Estates Date: May 17, 2001 GENERAL INFORMATION: Applicant: Ethel Cole Estate c/o Hills Bank and Trust 1401 S. Gilbert St, Iowa City, IA 52240 (319) 338-1277 Contact Person: MMS Consultants, 1917 S. Gilbert St. Iowa City, IA 52240 (319) 351-8282 Requested Action: Preliminary and final plat approval Purpose: To create a 3-lot subdivision to settle an estate Location: 4675 American Legion Road Size: 30.44 acres Existing Land Use and Zoning: Residential and Agricultural, County RS Surrounding Land Use and Zoning: North: Residential and Agricultural; County RS South: Residential, County RMH East: Residential and Agricultural; County RS and A-1 West: Residential and Institutional; PDH8 Comprehensive Plan: Fringe Area B Applicable Code Requirements: Chapter 14-7 Land Subdivisions; Iowa City-Johnson County Fringe Area Agreement File Date: March 15, 2001 45-Day Limitation Period: April 29, 2001 BACKGROUND INFORMATION: The applicant, the Ethel Cole Estate, is requesting a preliminary and final plat of White Barn Estates, a 30.44-acre, three-lot subdivision located at 4675 American Legion Road just east of Iowa City's corporate limits. The property currently contains one single-family house. The property is located within Iowa City's growth area and Fringe Area B. The southwest corner of the property is contiguous to Iowa City's corporate boundaries. This application was initially made in 1999, and was deferred indefinitely at the request of the applicant, before the application was ever forwarded to the Planning and Zoning Commission. The applicant has now requested that the application be reactivated. 2 ANALYSIS: According to the applicant, this subdivision is being requested to settle an estate and divide the property amongst family members. Lot 1 contains the existing house. Lots A and B are proposed to be created to settle the estate, and would not be developed. No development is being proposed at this time. Fringe Area Agreement The policies of the Fringe Area Agreement for Area B stated that subdivisions within Iowa City's growth area shall conform to City urban design standards. These include, but are not limited to, City specifications for streets and roads, sanitary sewer lines, storm water management facilities, and water lines. Developments which are proposed prior to annexation shall be required to be served by a package sanitary sewer treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation'. The City will give favorable consideration to the voluntary annexation of this land and its development at an urban density upon annexation. Subdivisions which are approved prior to annexation are required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space or agricultural purposes. Subdivision Regulations Details normally addressed on a subdivision plat, such as utility locations, storm water management, topography, etc. are not shown on the White Barn Estates plat. Given that no development is being proposed, Lots A and B are designated as Outlots. Because the proposed Lots A and B are well over 50% of the property, designating them as outlots satisfies the requirement of the Fringe Area Agreement that at least 50% of the property be designated as an outlot for subdivision approval prior to annexation. The plat includes a note that states that any future development will need to conform to the requirements of the Fringe Area Agreement. American Legion Road right-of-way needs The County is requiring dedication of an additional 27 feet of right-of-way for American Legion Road. This is more than adequate for the City's right-of-way needs for the time when American Legion Road is annexed into Iowa City. There is a note on the plat that a 20-foot construction easement will be required at the time the property is annexed for the future reconstruction of American Legion Road. Legal Papers The legal papers associated with this subdivision should reflect that any future development of this property will need to conform to City urban design standards and to the standards enumerated in the Fringe Area Agreement between Iowa City and Johnson County. The legal papers should also address the need for future construction easement dedication for the future reconstruction of American Legion Road to City standards. STAFF RECOMMENDATION: Staff recommends that SUB99-0025, a 30.44-acre three-lot subdivision located at 4675 American Legion Road, be approved, subject to approval of legal papers prior to City Council consideration. 3 ATTACHMENTS: 1. Location map 2. Preliminary and final plat Robert Miklo, Senior Planner, Department of Planning and Community Development SITE LOCATION:White Barn Estates SUB99-0025 PRELIMINARY AND FINAL PLAT_,LA~ ,,.,,,~.D bY:o,~R/~,,,,,,.:,· TOJOHNSON COUNTYIOWA o~.~ ~o~_x,o..~ _ _~ ~ ICAN L~N ROAD SE i~ s*~a,,.~ .... "~=,t~ s ,, .,,,r ~- ~ LOCATION MAP NOT TO SCALE ~" J~ rg ~ LOT ~ '-, , ~ ~ ~,,' F3 - ,. ,~, ~,~ ~ g, OUTLOT B I 06-26-01 Prepared by: Mad[yn Kriz. Parks & Rec, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 01-180 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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 Feast once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 24th day of July, 2001, 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 his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 31st day of July, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 26th Approved by CIT~LERK ~ Z City Atto;n~ Resolution No.: 01-180 Page 2 It was moved by Wilburn and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vande~hoe~ X Wilbum 06-26-01 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-181 RESOLUTION AUTHORIZING CONVEYANCE OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C. WHEREAS, when Southpointe Addition Part 7 (a resubdivision of a portion of Southpointe Parts 2 and 3) was designed, a portion of right-of-way previously dedicated to the City was to be utilized for stormwater management purposes and would no longer be used as a street; and WHEREAS, due to oversight, the former dedicated right-of-way was not formally vacated, although the replatted Southpointe Addition Part 7 was approved in 2000; and, WHEREAS, this action will address any title objections raised as a result of the replatted right- of-way; and WHEREAS, as the replatting of the subdivision results in fewer lots, a better stormwater management design, and more open space on this property, it is recommended that the property be conveyed to the developer, Steve Kohli Construction, L.C., without compensation to the City; and WHEREAS, on June 12, 2001 the City Council adopted a Resolution declaring its intent to convey its interest in the property, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's interest in the portion of Hemingway Lane located west of Russell Drive to Steve Kohli Construction, L.C., without compensation. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Steve Kohli Construction L.C. The deed, and any other documentation required by Iowa Code §364.7 (2001), shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at the developer's expense. Resolution No. 01-181 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 26th day of 0une ,~0~~____~__~ R b Sarah~landuseLsouthpointe 7 res auth convey Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 01-182 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO A'I'rEST AN AGREEMENT WITH MIDAMERICAN SERVICES FOR THE FINANCING OF GREEN LED TRAFFIC SIGNAL EQUIPMENT, WHEREAS, the City of Iowa City has 544 12" green traffic signal lamps, 40 8" green traffic signal lamps, 169 green arrow traffic signal lamps, and 292 12" 'Don't Walk' pedestrian signal lamps; and WHEREAS, LED traffic signal lamps are much more energy efficient than the existing incandescent lamps; and WHEREAS, MidAmerican Services makes available an energy payback financing program enabling replacement of all of the City's existing incandescent green traffic signal lamps and 'Don't Walk' pedestrian signal lamps with LED signal lamps; and WHEREAS, participation in said program will result in energy savings to the City of Iowa City over the life of the financing program and for at least two years following. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest said agreement with MidAmerican Services. 2. That the Assistant Director of Planning & Community Development is authorized to sign all other related supporting materials for the program. Passed and approved this 26th day of June ~~,,~% Approved by CIEI~LERK City Attorney's Office It was moved by Vanderhoef and seconded by 0'Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~( Kanner x Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT , Master Equipment Lease/Purchase Agreement dated as of May I, 2001 , and entered into between Systems Finance Corporation . a Virginia corporation ("Lessor"), and the Cgy ot I City. a body corporate and politic existing under the laws of the State of Iowa ("Lessee"). I. AgnemenL Lessee agrees to lease from Lessor certain "Equipment" as described in each Equipment Schedule (Exhibit A), which together with a Rental Payment Schedule (Exhibit A-I) titme a ~Schedule". subject to the terms and conditions of and for the pros set forth in each Lease Items of equipfeint may be added to the Eqmpment from time to time by execution ot riohal Schedules by the purees hemto and as otherwise provided heroin Each Schedule and the letins and provisions of this Agreement (which includes all exhibits hemto, together with any ~dments and modifications pursuant thereto) which are incorporated by reference into such Schedule shall constitute a separate and independent lease and installmere pumhase of the Equipment ~in described and are referred to heroin as a "Lease" 2. Term. The "Commencement Date" for each Lease is the date when interest commences to accrue under such Lease which date shall be the earlier of(i) the date on which the Equipment I in such Lease is accepted by Lessee in the manner described in Section I 1. or (it) the date on which sufficient monies to purchase the Equipment listed in such Lease are deposited for that ose with an escrow agent, or lilt) the date sufficient monies are sel aside for acquisition of Equipment as evidenced in Exhibit D. if applicable The ~'Lease Term~I for each Lease means the inal Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terrainsled The ~'Original Term" means the period from ,'onunencement Date for each Lease until the end of Lessee's fiscal year or biennium (as the case may be) (the "Fiscal Period") in effect at such Commencement Date The "Renewal Term" for Lease is each term having a duration that is coextensive with the Fiscal Period g. Renreseatations and Covenants of Lessee. Lessee represents. covenants and warrants for the benefit of Lessor on the date hereof and as of the Cormmencemem Dale of each Lease as ,ws: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority under the constitution and laws of the where the Lessee is located ("State") to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of ha obl igations hereunder and under each L ease: ,essee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called and held in accordance with State law. or ther appropriate official approval. and all requirements have been met and procedures have occurred to ensme the validity and enforceability of this Agreement and each Lease; (c) Lessee will r cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and put itic; (d) Lessee has complied with such public bidding requirements as be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease; (e) during the Lease lenn, the Equipment will be used by Lessee y and exclusively for the purpose of performing essential govemmema[ or proprietary funclions of Lessee consistent with the permissible scope of Lessee's authority; (f') Lessee will annually ide Lessor with current financial statements, budgets. proof of appropriation for the ensuing Fiscal Period, and such other financial information relating to the ability of I.essee to continue each e as amy be requested by Lessor: and (g) Lessee has an immediate need f'or the Equipment listed on each Schedule and expects to make immediate use oflhe Equipment listed on each Schedule 4. Tax and Aeoltntge Representations. Lessee hereby represents as follows: (a) the estimated total costs of the Equipment listed in each Schedule will not be less than the total principal on of the Rental Payments listed in such Rental Payment Schedule, (b) the Equipment listed in each Schedule has been ordered or is expected to be ordered within 6 months nf the ,mencement Date. and all amounts deposited in escrow to pay for the Equipment, and interest earnings, will be expended on costs of the Equipment and the financing within 3 years ol ~mencement Date; (c) no proceeds of any Lease will be used to reimburse Lessee for expenditures made more than 60 days prior to the Commencement Date or, if esther, more than 60 days prior ~y official action taken to evidence an intent to finance; (d) Lessee has not c~,ated or established, and does not expect to create or establish. any sinking fund or similar fund (i) that is reasonably cted to be used lo pay the Rental Payments. or (it) that may be used solely to prevent a default in the payment of the Rental Payments; (e) the Equipment listed in each Schedule has not been is not expected to be sold or otherwise disposed of by Lessee, either in whole or in part. prior to the last maturity of Rental Payments; (0 Lessee will comply with all applicable provisions of the hal Revenue Code of 1986, as amended ("Code"), including withoul limitation Sections 103 and t48 thereof, and the applicable regulations of the Treasury Depariment to maintain the asion of the interest components of Rental Payments from gross income for purposes of federal income taxation; and (g) Lessee intends that each Lease not constitute a "true" lease for federal me tax ptmposes 5. Lease of E{luinment. Upon the execution of each Lease, Lessor demises. leases, transfers, and lets to Lessee, and Lessee acquires, rents. leases and hires from Lessor, the Equipment in rdance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding .~wal Term up to the maximum Lease Term set forth in such Lease At the end of the Original Term and at the end of each Renewal Term the Lease Term shall be automatically extended upon ~uccessive appropriation by Lessee's governing body of amolmls sufficient to pay Rental Payments and other amounts payable under the related Lease daring the next succeeding Fiscal Period all Rental Payments payable under such Eease have been paid in full, unless Lessee shall have terminated such Lease pursuant to Section 7 or Section 22. The terms and conditions during any .'wal Term shall be the same as the terms and conditions during the Original Term. except that the Rental Payments shall be as provided in the applicable Lease 6. Collfrlllatioll of Lease Term. Lessee currently intends, subject to Section 7. to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the al Paganeats thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make ull Rental Payments during the maximum Lease Term of each Lease can be ined. Lessee currently hatends to do all things lawfully within its power to obtain and maintain ~nds from which the Rental Payments may be made, including making provision for such aenta to the extent necessary in each budget or appropriation request submiiled and adopted in accordance with applicable provisions of law Notwithstanding the foregoing, the decision her or not to bedget and appropriate funds or to extend the applicable Schedule for any Renewal Term is within the discretion of the governing body of Lessee. 7. Nonannroo~ation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfifily be made from funds budgeted and appropriated for that purpose, Should Lessee to budget. appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be ned terminated at the end of the then current Original Term or Renewal Term Lessee agrees to deliver notice to Lessor of such termination at least 30 days prior to the end of the then current inal Term or Renewal Term, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, ee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor g. Conditions to Lessor's Performance. This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to ~se any obligation upon Lessor to enter into any prolmsed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. ee will cooperate with Lessor in Lessoes review of any proposed Lease Lessee understands that Lessor ~,equlres certain decumentution and information necessary to enter into any Lease and ee agrees to provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease Such documentation may include, without ,alton, documentation concerning the Equipment and its contempbtled use and location and documentation or information concerning the financial status of Lessee and other masters related to ee 9. Rental Payments. Lessee shall promptly pay "Rental Payments" as described in Exhibit A-1 to each Lease, exclusively from legally available funds, to Lessor on the dates and in such ~mts as provided in each Lease Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at the rate of 12% per annum or the maximum rate permitted tw, whichever is less. from such date until paid Rental Payments consist of principal and interest portions Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental nems under each Lease shah constitute a current expense of Lessee and shah not in any way be construed to be a debt of Lessee in contravention of any applicable constimtrpnal or ttory limitation or requirement concerning the creation of indebtedness by Lessee, nor shah anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds and additional insured, 3taposes of this Section. the term "Net Proceeds" shall mean (y) the amount of insurance proceeds received by Lessee for replacing, repaiftng, restoring, modi~,ing, or improving damaged or 25. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the ~ight, at its sole option without any further demand or notice, to take one or any combination of the .wing remedial s~eps: (a) by written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to md of the then current Original Term or Renewal Term to be immediately due and payable; (b} with or without terminating the Lease Term under such Lease, Lessor may enter the premises ~e the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the pessessio~ of or at inch place within the United States as Lessor shall slszcify, and sell or lease such Equiprental or, for the accotmt of Lessee, sublease such Equipment, continuing to hold Lessee liable for the rence between (i) the Rental Paymems payable by Lessee puBat to such Lease and other amounts related to such Lease of the Equipment listed therein that are payable by Le~e to the end of hen cttwent Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies ~r such Lease, including without limilarion all expenses of taking possession, storing, reconditit~ulng and selling or leasing such Equipment and all brokerage. auctioneer's and attomey's fees), :el, however, to the provisions of Section 7 hercol The exercise of any such remedies in respect of any such Event of Default shall not relieve Lessee of any other liabilities under any ~her e or the Equipment listed therein; and (c) Lessor may take whatever action at law or in equity may appear neeessa~ or desirable to enforce its fights under such Lease or as n secured part~? m any I of the Equipment Any net proceeds from the exercise of any remedy under a Lease (after deducting all costs and expenses referenced in the Section) shall he applied as follows: (i) if such :dy is exercised solely with respecl to a single Lease, Equipment Itsled in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts reinled to sueh Lease or Equipment; or iiU if such remedy is exercised with respect Io more Ihan one Lease, Equipment Itsled m more than one Lease or fighis under more than one Lease. shen to amounts due pursuanl 27. Notices. All notices or other commumcations under any Lease shall be su~ficiently given and shall be deemed given when delivered or mailed by regislured mail, postage prepaid, to the ~e registration books maims/ned by Lessee 28. Release and Indemnification. To the e~ent penntiled by State law, and subject to Section 7, Lessee shall indemnify, release, protect, hold harmless, save and keep harmless Lessor from ~d exluenses, penalties connected therewith imposed on interest received) arising out of or as result of (a) entering into any Lease, (b) the ownership of any item of Equipment, (c) the ordenng, 29. Miscellaneous Provisions. Each Lease shall mute Io the benefit of and shall he binding upon Lessor and Lessee and their respectwe successors and assigns References herein to "Lessor" IN %VITNESS WHEREOF. Lessor and Lessee have caused this Agreement to be executed in lheir names by their duty aulhori?ed representatives as of the date first above wriilen (LESSOR) (LESSEE) Systems Finance Corporanon City of Iowa City 14125 Pinnacle Drive 410 E, Washington St Withira KS 67230 Iowa City, IA 52240 By By Title Title By Name Title Aleroved By INSURANCE COVERAGE REQUIREMENTS LESSOR: Systems Finance Corporation LESSEE: City of Iowa City I In accordance with Section 17 of the Agreement, we have instructed the insurance agent named below: (Please fill in name, address and telephone number). Carl ton Johnson Te~epbo.e~ (319 / 887-3700 AW Insurance Group, Inc. 24 Westside Dr. roissue: Iowa City, IA 52246 a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificale oFlnsurance and Long Form Loss Payable Clause naming Systems Finance Corporation and/or its assigns. as loss payee Coverage Required: Full Replacement Value b. Public Liabili~ Insurance evidenced by a Certificate of Insurance naming Systems Finance Corporation and/or its assigns as Additional Insured. Minimum Coverage Required: $500.000.00 par person: $500,000.00 aggregate bodily injury liabili~; $100,000.00 property damage liabiliW OR 2. Pursuant to Section 17 of the Agreement, we are self-insured for all risk, physical damage, and public liability and will provide proof of such self-insurance in lena form together with a copy of the starate authorizing this form of insurance. 3. Proof of insurance coverage will be provided prior to the time the Equipment is delivered to us. LEASE PAYI~ENT INSTRUCTIONS Pursuant to the Master Equipment Lease/Purclmse Agr~ment dated May L 2001 (tile "Agr~ment"), Schedule of Properly No. I, dated May 1, 2001, betw~n Systems Finance Coq~oration (the "I~essor') and CiW oflowa Ci~ (the "lessee"), Lessee hereby acknowledges the obligations to make Rental Payments promptly when due, in accordance with Exhibit A-1 m the Agreement. LESSEENPd~IE: City of Iowa City TAXII~4:42-6004805 INVO1CEI~!AILINGADDRESS: 410 East Washington Street, Iowa City, IA 52240 Mail involces to the atmnfton of: Linda Kron - Accounts Payabl ephone(31~ 356-5080 Fax(319~ 356-5009 Approval of Invoices required by: Same Phone ( ) Fax (D Accounts Payable Contact: S affle Phone ( ) Fax ~ Processing time for Invoices: Approval: Checks: Do you have a Purchase Order Number that you would like included on the invoice? No Yes PO# Do your Purchase order numbers change annually? No Yes Processing time for new purchase orders: LESSEE: City of Iowa City By: Title: Data: EXHIB1T A SCHEDULE OF PROPERTY NO. I dated May 1, 2001 RE: MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT entered into as of May 1, 2001 CAgxeement"), between Systems Finance Corporation ("Lessor") and the City of Iowa City ("Lessee"). All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement. DESCRIPTION OF EQUIPMENT Quantity Description Model No. Serial No. 584 Green LED Traffic 433-2270-001 169 Green Arrow LED 430-2374-001 292 Don't Walk LED 430-5770-001 Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement are true and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms and provisions of the Agreement (other than to the extent that they relate solely Io other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. L.~ ssl~ ~., ~. ~, designates the Schedule as a "qualified tax-exempt obligation" as defined in Section 265(bX3XB) of the Code. The aggregate face amount of pt ~t: tigatfi,;:~ns (excluding p,, ,~:A ~iivi bends other than qualified 50 I(cX3) bends) issued or to be issued by Lessee and all suberdinate en ' ' urmg the calendar y¢irin'';thi~htheSchedu~eisexe~ut~sI~`~`^~`~nab~yexpe~todt~ex~eed$~. Lessoe and all subordinate entit' not issue th excess of$10,00 0,000 ........ . b,et under ,he Lessee: Ciiy of Iowa Ciiy Lessor: Systems Finance Corporation By By CERTIFICATE OF CLERK OR SECRETLY OF LESSEE 1, the undersigned, do hereby certify that (i) the officer of Lessee who executed the foregoing Lease on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signatore and has been authorized to execute the ~regoing Lease on behalf of Lessee, and (it) the Fiscal Period of Lessee is from to Dated: By: Title: ApptOVecl By EXHIBIT A-I RENTAL PAYMENT SCHEDULE Payment Date Payment Interest Principal Balance Purchase Amount Pdce 4/1/2001 $ 150,835.00 I 5/1/2001 $2,958.33 $ 829.59 $ 2,128.74 $ 148,706.26 $ 151,680.39 2 6/1/2001 $2,958.33 $ 817.88 $ 2,140.45 $ 146,565.82 $ 149,497.13 3 7/1/2001 $2,958.33 $ 806.11 $ 2,152.22 $ 144,413.60 $ 147,301.87 4 8/1/2001 $2,958.33 $ 794.27 $ 2,164.06 $ 142,249.54 $ 145,094.53 5 9/1/2001 $2,958.33 $ 782.37 $ 2,175.96 $ 140,073.59 $ 142,875.06 6 10/1/2001 $2,958.33 $ 770.40 $ 2,187.93 $ 137,885.66 $ 140,643.37 7 11/1/2001 $2,958.33 $ 758.37 $ 2,199.96 $ 135,685.70 $ 138,399.41 8 12/1/2001 $2,958.33 $ 746.27 $ 2,212.06 $ 133,473.64 $ 136,143.11 9 1/1/2002 $2,958.33 $ 734.11 $ 2,224.23 $ 131,249.42 $ 133,874.41 10 2/1/2002 $2,958.33 $ 721.87 $ 2,236.46 $ 129,012.96 $ 131,593.22 11 3/1/2002 $2,958.33 $ 709.57 $ 2,248.76 $ 126,764.20 $ 129,299.48 12 4/1/2002 $2,958.33 $ 697.20 $ 2,261.13 $ 124,503.07 $ 126,993.13 13 5/1/2002 $2,958.33 $ 664.77 $ 2,273.56 $ 122,229.51 $ 124,674.10 14 6/1/2002 $2,958.33 $ 672.26 $ 2,286.07 $ 119,943.44 $ 122,342.31 15 7/1/2002 $2,958.33 $ 659.69 $ 2,298,64 $ 117,644.80 $ 119,997.70 16 8/1/2002 $2,958.33 $ 647.05 $ 2,311.28 $ 115,333.52 $ 117,640.19 17 9/1/2002 $2,958.33 $ 634.33 $ 2,324.00 $ 113,009.52 $ 115,269.71 18 10/1/2002 $2,958.33 $ 621.55 $ 2,336.78 $ 110,672.74 $ 112,886.20 19 11/1/2002 $2,958.33 $ 608.70 $ 2,349.63 $ 108,323.11 $ 110,489.57 20 12/1/2002 $2,958.33 $ 595.78 $ 2,362.55 $ 105,960.56 $ 108,079.77 21 1/1/2003 $2,958.33 $ 582.78 $ 2,375.55 $ 103,585.01 $ 105,656.71 22 2/1/2003 $2,958.33 $ 569.72 $ 2,388.61 $ 101,105.40 $ 103,220.33 23 3/1/2003 $2,958.33 $ 556.58 $ 2,401,75 $ 98,794.65 $ 100,770.54 24 4/1/2003 $2,958.33 $ 543.37 $ 2,414,96 $ 96,379.69 $ 98,307.28 25 5/1/2053 $2,958.33 $ 530.09 $ 2,428.24 $ 93,951.45 $ 95,830.48 26 6/1/2053 $2,958.33 $ 516.73 $ 2,441.60 $ 91,509.85 $ 93,340.05 27 7/1/2053 $2,958.33 $ 503.30 $ 2,455.03 $ 89,054.82 $ 90,835.92 28 8/1/2003 $2,958.33 $ 489.80 $ 2,468.53 $ 56,586.30 $ 88,318.02 29 9/1/2003 $2,958.33 $ 476.22 $ 2,482.11 $ 64,104.19 $ 85,786.27 30 10/1/2003 $2,958.33 $ 462.57 $ 2,495.76 $ 81,608.43 $ 83,240.60 31 11/1/2003 $2,958.33 $ 448.85 $ 2,509.48 $ 79,098.95 $ 80,680.93 32 12/1/2003 $2,958.33 $ 435.04 $ 2,523.29 $ 76,575.56 $ 78,107.18 33 1/1/2064 $2,958.33 $ 421.17 $ 2,537.16 $ 74,038.50 $ 75,519.27 34 2/1/2064 $2,958.33 $ 407.21 $ 2,551.12 $ 71,467.38 $ 72,917.13 35 3/1/2004 $2,958.33 $ 393.18 $ 2,565.15 $ 56,922.23 $ 70,300.68 56 4/1/2004 $2,958.33 $ 379.07 $ 2,579.26 $ 56,342.97 $ 67,669.83 37 5/1/2004 $2,958,33 $ 364.89 $ 2,593.44 $ 63,749.53 $ 65,024.52 38 6/1/2004 $2,958.33 $ 350.62 $ 2,607.71 $ 61,141.82 $ 62,364.66 39 7/1/2004 $2,958.33 $ 338.28 $ 2,622.05 $ 58,519.77 $ 59,690.17 40 8/1/2064 $2,958.33 $ 321.56 $ 2,656.47 $ 55,883.30 $ 57,000.97 41 9/1/2004 $2,958.33 $ 307.38 $ 2,650.97 $ 53,232,33 $ 54,296.97 42 10/1/2004 $2,958.33 $ 292.78 $ 2,565.55 $ 50,566.78 $ 51,578.11 43 11/1/2004 $2,958.33 $ 278.12 $ 2,680.21 $ 47,886.56 $ 48,844.29 44 12/1/2004 $2,958.33 $ 263.38 $ 2,694.95 $ 45,191.61 $ 46,095.44 45 1/1/2005 $2,958.33 $ 248.55 $ 2,709.78 $ 42,481.83 $ 43,331.47 46 2/1/2005 $2,956.33 $ 233.65 $ 2,724.68 $ 39,757.15 $ 40,552.30 47 3/1/2005 $2,958.33 $ 218.56 $ 2,739.67 $ 37,017.49 $ 37,757.84 46 4/1/2005 $2,958.33 $ 203.60 $ 2,754.73 $ 34,262.75 $ 34,948.01 49 5/1/2005 $2,958.33 $ 188.45 $ 2,769.89 $ 31,492.87 $ 32,122.72 50 6/1/2005 $2,958.33 $ 173.21 $ 2,785.12 $ 28,707.75 $ 29,281.90 51 7/1/2005 $2,958.33 $ 157.89 $ 2,800.44 $ 25,907.31 $ 26,425.46 52 81112005 $2,958.33 $ 142.49 $ 2,815.84 $ 23,091.47 $ 23,553.30 53 9/1/2005 $2,958.33 $ 127.00 $ 2,831.33 $ 20,260.14 $ 20,665.35 54 10/1/2005 $2,958.33 $ 111.43 $ 2,846.90 $ 17,413.24 $ 17,761.51 55 11/1/2005 $2,958.33 $ 95.77 $ 2,862.56 $ 14,550.69 $ 14,841.70 56 12/1/2005 $2,958.33 $ 80.03 $ 2,878.30 $ 11,672.39 $ 11,905.83 57 1/1/2006 $2,958.33 $ 64.20 $ 2,894.13 $ 8,778.25 $ 8,953.82 58 2/1/2006 $2,958.33 $ 48.28 $ 2,910.05 $ 5,868.20 $ 5,985.57 59 3/1/2006 $2,958.33 $ 32.28 $ 2,926.06 $ 2,942.15 $ 3,000.99 60 4/1/2006 $2,958.33 $ 16.18 $ 2,942.15 $ (0.00) $ (0.00) City of Iowa City By Title Date EXHIBIT B PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT FINAL ACCEPTANCE CERTllqCATE Re Schedule of Property No I dated May I, 2001 to Master Equipment Lease/Purchase Agxeement. dated as of May I, 200 I, between Systems Finance Corporalton, as Lessor, and City of Iowa City, as Lessee In accordance w~th the Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (I) All of the Equipment (as such term is defined in the Agreement) [isled in Ihe above-referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on Ihe date hercoO (21 Lessee has conducted such inspection and/or tesling of the Equipment listed in the Schedule as d deems necessa~ and appropriate and hereby acknowledges Ihat ~t accepts the Equipment for all purposes 13 ) Lessee is currently matnta~mng the insurance coverage required by Section 17 of the Agreement t4 ) No event or condition thai constitutes, or with notice or lapse of u me, or both, would conshtule, an Event of Defauh ) as defined in lhe Agreement ) exists at the date hereof lESSEE City of Iowa City By: Title Acceptance Date: > OR< PAYMENT REQUEST and PARTIAL ACCEPTANCE CERIIIqCATE Systems Finance Corporation is hereby requested to pay the person or entity designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached hereto with mapact to the cost of the acquisition of the equipment and has not formed the basis of troy prior request for payment. The equipment described below is part or all of the "Equipment" listed in Exhibit A to the Master Equipment Lease/Purchase Agreement referenced above. Quantity Serial Number/Description: Amount: Payee: Payee's Federal ID Number: City of Iowa City PLEASE RETURN PAYMENT REQUEST TO: 14125 Pinnacle Drive Wichila, KS 67230 EXHIBIT C (TO be pul on Atlorney's Leilerhead) To: Systems Finance Corporation 14125 Pinnacle Drive Wichita, KS 67230 Re: Schedule of Property No. I dated May I. 2001 to Master Equipment LeasedPurchase Agreement dated as of May 1. 2001, between Syslems Finance Corporation, as Lessor, and City of lowa City, as Lessee, Ladies and Gentlemen: As legal counsel to City of Iowa City, (the "Lessee"l. I have examined (a) an executed counterpart of a certain Masler Equipmenl Lease/Purchase Agreement, dated as of May I, 2001. and Exhibits thereto by and between Systems Finance Corporationl (the "Lessor") and City of Iowa City (the "Agreement") and an executed counterpart of Schedule of Propeay No. I dated May 1. 2001. by and between Lessor and Lessee (the "Schedule"), which, among other things, provides for the lease with option to purchase to the Lessee of certain property listed in the Schedule (the "Equipment"), (bl an executed counterpart of the ordinances or resolutions of Lessee which. among other things, authorize Lessee Io execute the Agreement and the Schedule and (c) such other opinions. documents and matters of law as I have deemed necessary m connection with the following opinion The Schedule and the terms and provisions of the Agreement incorporated therein by reference logether with the Rental Paymere Schedule attached to Ihe Schedule are herein referred to collectively as the "Leas~" Based on the foregoing, l am of the following opimon; (1) Lessee is a public body corporate and politic~ duly organized and existing under the laws of the Stata~ and has a substantial amount of one the following sovereign powers: (a) the power Io tax. (b) the power of eminent domain. or (~c) police power: (2l Lessee has the requisite power and authority to lease and acquire the Equipment with an option to purchase and to execute and deliver the Eease and to perlbrm ils obligations under the Lease; (3) The Lease has been duly authorized, approved, executed. and delivered by and on behalf of Lessee and the Lease is a legal. valid and binding obligalion of Lessee enforceable in accordance with its terms: (4) The authorization, approval, execution. and delivery of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and (5) There is no proceeding pending or threatened in any court or before any governmental authority or arbilratjon board or tribunal lhat, if adversely determined. would adversely affect the transactions contemplated by the Lease or the security interest of Lessor or its assigns, as the case may be, in the Equipment thereunder, All capitalized terms herein shall have the same meanings as in the Lease unless otherwise provided herein. Lessor, its successors and assigns. and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments. are entitled to rely on this opinion. Printnd Name: Signature: Firm: Dated: Address: Telephone No.: EXHIBIT D ACCEPTANCE OF RENTAL PAYMENT OBLIGATION Re: Schedule of Properly No. I. dated May I. 200 I. to Master Equipment lease/Purchase Agreement. daled as of May I. 2001 between Systems Finance Corporation, as Lessor. and City of Iowa City. as Lessee In accordance with the Master Equipment Lease/Purchase Agreement (the "AgreemenF'). the undersigned hereby ackno',,ledges and represents that: 1 All or a portion of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Propert3s (the "Schedule") has not been delivered. installed, or available for use and has not been placed in service as of the date hereof: 2 Lessee acknowledges that Lessor has agTeed to set aside funds in an amount sufficient to provide financing (to the extent requested by I ,essee and agreed to by Lessor) for the Equipment listed in the Schedule (the '~Financed Amount"); 3 The Financed Amount is set forLh as the "Principal Component" of Rental Payments in the Rental Payment Schedule attached to Ihe Schedule as Exhibit A- I ('~Exhibit A-[")~ and 4 Lessee agrees to execute a Paymenl Request borm. auached to the Agreement as Exhibit B. authorizing payment of the Financed Amount, or a poaion thereot~ for each disbursement of funds NOTWITHSTANDING that all or a portion offue Equipment has not been delivered to, or accepted by. Lessee on the date hereof, Lessee warrants that: (a) Lessee's obligation to commence Rectal Payments as set furth in Exhibit A- I is abelute and unconditional as of the Commencement Date of the Schedule and on each date set forth in Exhibit A-1 thereafiter. subject to the terms and conditions of the Agreement; (b) Immediately upon delivery and acceptance of all the Equipment. Lessee will notif'j Lessor of Lessee's final acceptance of the Equipment by delivering to Lessor a ~Final Acceptance Certificate" in the form set forth as Exhibit B to the AgreemenE (c) In the evenl that any surplus amount remains fi'om the funds set aside or an event of nonappropriation under the Agreement occurs, any amount then remaining shall be applied or distributed in accordance with Lesso(s standard servicing procedures. which includes, but is not limited to, application of the remaining amount to the next Rental Payment and other amounts due; and (d) Regardless of whether Lessee delivers a Final Acceptance Certificate, Lessee shall ha obligated to pay all Rental Payments (including principal and interest) as they become due as set forth in Exhibit A-I. AGREED TO on May 1,2001. By Title Systems Finance Corporation 14125 Pinnacle Drive Wichita, KS 67230 Phone 316/733-6010 Fax 316/733-6090 June 12, 2001 Mr. Chuck Gibbs Competitive Resources 1019 Mound Street Suite 304 Davenport, IA 52803 Dear Chuck: This is to inform you that Systems Finance Corporation will pay invoices directly to the vendor three to five days after receipt complete signed documentation. Along with the invoice we will need to know how the vendor wants to be paid, either by check or wire (need wiring instructions), and the vendor's FID number. I look forward to closing this transaction with you. Sincerely, Susan L. White Vice President www.svstemsfinancecorporation .com ~ 06-26-01 13 Prepared by: Sarah Halecek, First Asst, City Attorney, 410 E. Washington St., ~owa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT- TERM FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TERRY L. STAMPER HOLDINGS, L.L.C. WHEREAS, in June, 2000, the City of Iowa City entered into an agreement with Terry L. Stamper Holdings L.LC. ["TLS"] for the development of the Peninsula Neighborhood; and WHEREAS, said agreement requires TLS to install the infrastructure necessary to support development within the Peninsula Neighborhood; and WHEREAS, the recent Elks' litigation concerning the Peninsula property created a cloud on the title to the property, thereby impairing the City's ability to transfer dear title to TLS and TLS' ability to obtain financing; and WHEREAS, this short-term financing agreement between the City and TLS will allow the developer to take full advantage of this construction season for the installation of public improvements while seeking financing based on the newly cleared title; and WHEREAS, the short-term financing agreement attempts to minimize the City's financial risk by providing that TLS shall not take title to the First Addition until such time as permanent financing is secured and all sums expended by the City are repaid; and WHEREAS, it is in the public interest for the City to provide short-term financing to TLS for the installation of infrastructure in the Peninsula Neighborhood First Addition for the purposes of forwarding the Peninsula Development during the prime construction season. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Peninsula Neighborhood First Addition Short-Term Financing Agreement between the City and Terry L. Stamper Holdings, L.L.C. Passed and approved this 261:h day of June ,20 Sarah~peninsula~resolution peninsula short term financing agreement. doc Resolution No. 01-183 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT-TERM FINANCING AGREEMENT A. INTRODUCTION This short-term Financing Agreement is hereby made and executed by, between and among the City of Iowa City (hereina~er "City"), 410 E. Washington Street, Iowa City, Iowa 52240, and Terry L. Stamper Holdings, L.L.C. (hereinafter "TLS" and/or "Developer"), 6399 Norton Street, Troy, Michigan, 48098. The City is a municipal corporation organized under the laws of the State of Iowa, and TLS is a Limited Liability Corporation organized under the laws of the State of Michigan. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City, as owner, and TLS, as developer, for short-term financing of the infrastructure necessary to support The Peninsula Neighborhood First Addition [hereinafter "First Addition"], a 12.09-acre site owned in fee by the City and platted as the Peninsula Neighborhood First Addition. For and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: B. LINE OF CREDIT, ELIGIBLE EXPENSES, AND METHOD OF ACCESS/ PAYMENT The City hereby agrees to extend and establish a "line of credit" in an amount not to exceed $690,000.00 on behalf of TLS for the payment of expenses directly associated with the installation of infrastructure within the First Addition. Said eligible expenses shall include costs of site preparation, grading, road construction, paving, installation of sanitary sewer (including lift station), water main, storm sewer, storm water detention and utilities, and shall also include those "soft costs" such as design, engineering and project management associated with the installation of said infrastructure. To access said line of credit, TLS shall submit a statement of charges for materials or services rendered for the above-stated purposes to Kevin O'Malley, Director of the City Finance Department. Said statements filed by TLS for payment shall include copies of the actual billing statements received by TLS from material suppliers, contractors, and/or other eligible service providers [hereinafter "eligible provider"]. City shall promptly review statements for eligibility, and upon approval, shall promptly issue a negotiable draft jointly payable to TLS and the eligible provider. Approval by City shall not be unreasonably delayed or denied. Upon issuance of said negotiable draft, the line of credit shall be debited for the amount of the draft. City shall have the right, but not the obligation, to pay any statement deemed by City to be ineligible without waiving any legal and/or equitable rights to the enforcement of the terms of this agreement. TLS shall be entitled to request conditional pre-Approval prior to incurring any expenditure provided such expenditure is reasonably documented as to vendor and amount. If conditional pre-Approval is given, the City shall promptly issue a draft upon presentation to City of billing statements received by TLS regarding such pre-approved charge. C. TERM AND ALTERNATIVE FINANCING This agreement shall become binding and effective when approved and executed by TLS and the Iowa City City Council, and shall remain effective for a term of 180 calendar days or until TLS secures construction financing for the installation of the infrastructure of the First Addition from an alternative source, whichever occurs first. TLS shall have the obligation to pursue, in good faith, construction financing from alternative sources, and shall submit documentation of attempts to obtain financing upon City's request. Upon TLS securing alternative financing, City's obligation for payment of statements as outlined in section B shall cease, and any statements which had been submitted to City but remain unpaid shall be promptly returned to TLS. The City shall have, as its sole option, the right to extend the term of this agreement upon further authorization of the Iowa City City Council through an appropriate written amendment executed by both the City and TLS. Notwithstanding anything to the contrary, the term of this agreement shall be extended to 1 year from its execution in the event of Economic Impracticality. "Economic Impracticality" means and includes (1) an economic depression, as determined by the United States government; (2) an increase of more than four percent (4%) in the Standard Federal Bank 30-year residential mortgage secured interest rate offered to borrowers of less than $200,000 paying two discount points and making a 20% down payment; (3) the unavailability of skilled housing labor, or the unavailability of building material; or (4) the unavailability of financing due to the outbreak of war or abnormal weather conditions. D. INTEREST AND REPAYMENT Sums expended by City on behalf of TLS under Section B above shall accrue interest at the rate of nine per cent (9%) per annum on each debit incurred under the line of credit beginning from the date each such debit is posted to the line of credit and ending on the date the debt is paid in full. There shall be no line of credit/finance origination fees due under this agreement. TLS shall repay to City all sums, plus accrued interest as outlined above, upon the earliest to occur of (a) when TLS secures alternative construction financing, or (b) the expiration of this agreement (180 calendar days, unless extended pursuant to Section C above). E. CONDITIONS PRECEDENT a. As a condition precedent to City having any obligations for the establishment of credit/payment under the terms of Section B above, TLS shall provide the City with a letter from an independent public accountant selected by TL8 to the effect that said accountant has reviewed financial statements of TLS which have been prepared in conformity with generally accepted accounting principles, that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards, and that TLS is financially capable of fulfilling its obligations under this agreement, provided the prospective lender is also entitled to secure any loan extended to TLS against the property and improvements within the First Addition upon closing on said First Addition. Should TLS fail to provide such a letter as outlined in this Section, City shall have no obligation to establish credit under the terms of this agreement and/or Section B above. b. As a condition precedent to City having any obligations for the establishment of credit/payment under the terms of Section B above, TLS shall provide to City documentation reasonably satisfactory to City of TLS' contractual relationships with contractors and/or builders who will be providing services and/or constructing buildings within the First Addition. Should TLS fail to provide such documentation as outlined above, City shall have no obligation to establish credit under the terms of this agreement and/or Section B above. F. RELEASE, INDEMNIFICATION AND CERTIFICATE OF INSURANCE Execution of this document by TLS shall hereby operate to release, acquit and discharge any and all claims for injuries, loss or damages, whether known or not, that TLS, its assigns, successors, and all other associated firms and corporations may have against the City of Iowa City, Iowa, its assigns, successors, and employees, based on and/or resulting from any real and/or perceived delay in the Peninsula Neighborhood Development Project arising out of or relating to any action or complaint by the Protective Order of Elks of the U.S.A. Corp. Lodge No. 590, including without limitation matters alleged in Johnson County Case Nos LACV061604 and LACV 061761. TLS hereby agrees to indemnify, defend and hold harmless City, its agents, assigns, successors and employees, from any and all claims and damages whatsoever resulting from TLS' construction, installation and operation of infrastructure and TLS' use and occupation of the First Addition property. Further, the parties agree that TLS shall not be acting as the City's agent during the original construction and installation of said First Addition infrastructure. Further, prior to TLS occupying said real property and/or commencing installation of infrastructure within the First Addition, TLS shall provide certificates of insurance to City for the amounts and types of coverage listed below: Type of Coveraqe a. Comprehensive General Liability Each Occurrence Aqqreqate (1) Bodily Injury & Property Damage$500,000 $1,000,000 b. Automobile Liability Combined Sinqle Limit (1) Bodily Injury &Property Damage $500,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. G. AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT BETWEEN CITY AND TLS REGARDING PURCHASE AND PAYMENT FOR LAND Section 1.7 of the original Peninsula Neighborhood Development between City and TLS dated June 29, 2000 and recorded July 11, 2000 at Book 2986, Page 49, is hereby modified and amended to extend the closing date on the real estate encompassed by the final plat for the Peninsula Neighborhood First Addition from thirty (30) days after City Council approval of said final plat to upon the occurrence of either: a. TLS securing construction and purchase money financing to acquire the First Addition and install infrastructure; or b. The expiration of the term of this agreement (180 calendar days, unless extended as provided in Section C above). TLS shall pay City in full for the real estate encompassed within the First Addition per the terms of the original Peninsula Neighborhood Development Agreement upon closing. All other terms of the original Peninsula Neighborhood Development Agreement not specifically modified by this section or the First Amendment thereto executed between the parties on or about May 3, 2001 shall remain in full force and effect. H. TERMINATION AND FORFEITURE City shall have the option to terminate both this agreement and the Peninsula Neighborhood Development Agreement upon the occurrence of either of the following: a. The failure of TLS to repay sums advanced under this agreement within 180 calendar days of its execution, unless extended pursuant to Section C above; Or b. The failure of TLS to close on the First Addition property as outlined in 4 Section G above. Upon the occurrence of either of the foregoing, City shall have the option to terminate both this agreement and the Peninsula Neighborhood Development Agreement. This option shall be effectuated by written notice to TLS. Termination shall result in and effect a forfeiture of any and all interest TLS has, whether equitable or inchoate, in the Peninsula Neighborhood Development Agreement between City and TLS dated June 29, 2000 and recorded July 11, 2000 at Book 2986, Page 49, and as amended by the First Amendment thereto executed between the parties on or about May 3, 2001, and any and all interest TLS has, whether equitable or inchoate, in infrastructure/improvements installed within the First Addition. In the event City elects to exercise this option, all sums advanced under this agreement shall become "non-recourse" and City shall release any claim for their repayment. I. NOTICES All notices, requests, demands and other communications that are required or permitted to be given under this Agreement will be in writing and will be deemed to have been sufficiently given for all purposes hereunder if (a) delivered personally to the party to whom the same is directed, or (b) sent by certified mail, postage prepaid, return receipt requested, at the addresses identified below; or to such other party at such other address as shall been given in writing in accordance herewith. If the City or City Authorities, to: City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Attention: Steve Atkins, City Manager With copies to: Eleanor Dilkes, City Attorney Karin Franklin, Director of Planning and Community Development If Terry L. Stamper Holdings, to: Terry L. Stamper Holdings, L.L.C. 6399 Norton Street Troy, Michigan 48098 Attention: Terry L. Stareper, President With a copy to: Lawrence Shoffner, Jaffe Raitt One Woodward, Suite 2400, Detroit, Mi, 48226 5 J. MISCELLANEOUS a. Successors and Assigns; Assignments. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; however, TLS will not assign this Agreement without the City's prior written consent, except that, without the City's prior written consent, TLS may assign its rights and obligations under this Agreement, to a commonly-owned corporate affiliate which expressly assumes all of the duties of TLS hereunder, it being agreed, nevertheless, that TLS will remain responsible for their performance. In the event that Terry L. Stamper ceases to own a controlling ownership interest in either TLS or a company which directly or indirectly owns a majority of the common stock of TLS (hereinafter, "Parent Company"), such event shall constitute a "Change in Control" and TLS promptly shall deliver to the City administration written notice thereof and identify the names and addresses of all of the direct and indirect owners in any way related to the Peninsula Development. Upon the occurrence of a Change in Control, at the City's option exercised by its Council and communicated in writing to TLS within thirty (30) days after the City's administration receives written notification of the Change in Control and the information identifying the new owners, the City may terminate this Agreement. b. Entire Agreement; Amendment; No Other Intended Beneficiaries. This Agreement represents the entire agreement as it exists at the time of the signing of this Agreement between the parties. This Agreement may not be amended, altered or modified unless the party against whom enforcement of any waiver, modification or discharge is sought does so in writing. No person not a party hereto is intended to be a beneficiary of or to have the right to enforce this Agreement. c. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Iowa. The invalidation of one or more of the terms of this Agreement will not affect the validity of the remaining terms. The parties acknowledge that the proper venue of any court action is in Johnson County, Iowa. d. Joint Drafting. The City and TLS have engaged in extensive discussions and negotiations over the terms of this Agreement and neither party has acted as the exclusive drafter of the language of these agreements and no inference or presumption or application of a rule of contract construction should be made based upon the premise that one party acted more than the other party as the draftsperson of these agreements. Dated this 26thday of June, 2001. 7 PENINSULA NEIGHBORHOOD FIRST ADDITION SHORT-TERM FINANCING AGREEMENT A. INTR~ODUCTION \ City of Iowa City (hereinafter "City"), 410 E. Wa Street This agreement outlines t terms and conditions, and he rel ~ive rights and First Addition [hereina~er "First ~ition"], a site owned in fee by the City and pla~ed as the Peninsula N~; For and in consideration of the mutual promises the pa~ies hereby agree as follows: B. LINE OF CREDIT, ELIGIBLE EXPEN~ 3, AND METHOD OF ACCESS/ PAYMENT The City hereby agrees to e~end al "line of credit" in an amount not to exceed $690,000.00 on behalf c for the of expenses directly associated with the installation the First Addition. Said eligible expenses shall include of site grading, road construction, paving, of sanjta~ sewer ~ i lift station), water main, storm sewer, detention and utilitiesI shall also include those "soft costs" such as ~esign, engineering and anagement associated with the instigation of said infrastructure. To access said line gfcredit, TLS shall submit a statement of,es for materials or se~ices rendered for the above-stated purposes to Director of the City Finance Depa~ment. Said statements filed by payment shall i~lude copies of the actual billing statements by TLS from material ~uppliers, contractors, and/or other eligible se~icelers [hereina~er "eligible provider"]. City shall promptly review statem~ eligibility,~ upon approval, shall promptly issue a negotiable draft payable o TLS and the eligible provider. Approval by City shall not be unrea nably delayed or denied Upon issuance of said negotiable draft '~ line a~ving any legal and/or equitable rights to the enforcement of the terms o eement. TLS shall be entitled to request conditional pre-Approval prior to / 1 incurring any expenditure provided such expenditure is reasonably documented as to vendor and amount. If conditional pre-Approval is given, the City shall promptly issue a draft upon presentation to City of billing statements received by TLS regarding such pre-approved charge. C. TERM AND'A~LTERNATIVE FINANCING ,/" This agreement sh~l become binding and effective when approved d executed by TLS and the Iow~,\City City Council, and shall remain effecti for a term of 180 calendar days or til TLS secures construction financing r the installation of the infrastructure of t e First Addition from an altemativ source, whichever promptly returned to TLS. ~ ~ / The City shall have, as its sole right to e~end the term of this agreement upon fu~her Iowa CiW City Council through an appropriate wri~en amendment ' both the CiW and TLS. No~ithstanding an~hing to the the term of this agreement shall be e~ended to I year from its le event of Economic Impracticality. "Economic ImpracticaliW" mean= (1) an economic depression, as determined by the United an increase of more than four percent (4%) in the Standard ~ed~ral residential mo~gage secured interest rate offered to b~wers of less paying ~o discount points and making a 20%/down payment; (3) navailabiliW of skilled housing labor, or the unavailability of building material or (4) the unavailability of financing due to the outbreak D. INTERESTsAND REPAYMENT / Sums exper~ded by City on behalf of TLS L shall accrue interest at'the rate of nine per cent (9%) per annum on each under the line~0f credit beginning from the date each such debit isthe line of credit"and ending on the date the debt is paid in full. ~e no line of cre~itJfinance origination fees due under this agreement. L/,~Le~ shall repay to City all sums, plus accrued interest as outlined upon earliest to occur of (a) when TLS secures alternative ancing, 2 or (b) the expiration of this agreement (I 80 calendar days, unless extended pursuant to Section C above). E. CONDI~'IONS PRECEDENT a. As a condition precedent to City having any obligations for the establishment of credifJpayment under the terms of Section B above, TLS shall provide the City with a letter from an independent public accountant selected by TLS~o the effect examination of such fin~ancial statements by such accountant~as been unde~aken in accordance with generally accepted auditing,.s~andards, and that TLS is financially capabF~, of fulfilling its obligations under~is agreement, provided the prospective I~d[er '; also entitled to secur~any Ioa e~ended to TLS against the prope~y im rovements within th~ First AddiSon upon closing on said First Addition. Shoul~ .TLS fail to provide such a le~er as outlined in this Section, City shall have no obligation to establisb~redit under the terms of this agreement and/or Section B abo~. ' b. As a condition precedent to Ci~baving .~ny obligations for the establishment of crediVpayment under the terms of~e on B above, TLS shall provide to City under the terms of this agreement and/or Se~ion B above. F. RELEASE, INDEMNIFIGATION AND CERTIFICATE OF INSU~NCE Execution of this document by TLS shall hereby ~erate to release, acquit and discharge any and all~aims for injuries, loss or da~ ges, whether known or not, that TLS, its assignS~successors, and all other assorted firms and corporations may have against' the Ci~ of Iowa Ci~, Iowa, its ~signs, successors, and employees, based on and/or resulting from any real and/0~perceived delay in the Peninsula Neighborhood Development Project arising out ~O~ or relating to any action or complaint by the Protective Order of Elks of the U.S~.' . Corp. Lodge No. infrastructure and TLS' use and occupation of the First Addition pr~e~y. Fu~her, the pa~ies agree that TLS shall not be acting as the City's agent du~ng the original construction and installation of said First Addition infrastructure. Further, prior to TLS occupying said real property and/or commencing installation of infrastructure within the First Addition, TLS shall provide certificates of insurance to City for the amounts and types of coverage listed below: TyPe of Coveraae a. Comprehensive General Liability Each Occurrence Aaareaate (1) Bodily Injury & Property Damage $500,000 $1,000,000 c. Worker's Comp~sation Insurance as required by ,Ghapter 85, Code of Iowa. The City requires th e Contractor's Insurance c~ai;rier be A rated or better by A.M. Best. \ Section 1.7 of the original Peninsu~hborhood Development between City encompassed by the final pla(for th~ninsula Neighborhood First Addition from r : , a. TLS securing construction and purchase ney financing to acquire the First Addition and in~ll infrastructure; or ~ b. The expiratio~of the term of this agreement (~calendar days, unless e~ended aS,~rovided in Section C above). ,~ upon closing. All other terms of the original Peninsula Nei~borhood H. TERMINATION AND FORFEITURE ~ / 4 following: a. The failure of TLS to repay sums advanced under this agreement within 180 calendar days of its execution, unless extended pursuant to Section,C above; Or b. The failure of TLS to close on the First Addition property as outlined in Section G above. , Upon the occurren e of either of the foregoing, City shall hm/e the option to Agreement between ity and TLS dated June 2g, Z000 and recorded July 11 2000 at Book 2986, P e 4g, and as amended b~ the First Amendment thereto executed be~een the a~ies on or about May'3 2001, and any and all interest In the event City elects to e~ rcise thi option, all sums advanced under this agreement shall become "no -recou e" and City shall release any claim for their repayment. I. NOTICES /.' All notices,/~equest demands and other communications that are required or permi~ed ,to be given nder this Agreement will be in writing and will be deemed to havebeen su~cien y given for all purposes hereunder if (a) delivered personally d the pa~ to wh the same is directed or (b) sent by ce~ified mail, posse prepaid, return eoeipt requested, at 'the addresses /~f City or City Authorities, to , ,' the Ci~ of Iowa City ~n~ 410 East Washington Street Iowa Ci~, Iowa 52240 Attention: Steve Atkins, Ci~ Manager Community Development /' If Terw L. Stamper Holdings, to: ,,, Terry L. Stamper Holdings, L.L.C. 6399 Norton Street Troy, Michigan 48098 Attention: Terry L. Stamper, President With a copy to: Lawrence Shoffner, Jaffe Raitt One Woodward, Suite 2400, Detroit, Mi, 48226 J. MISCELLANEOUS and thl 3ective successors and assigns; howe~er, TLS will not assign this without the City's prior written consent without the ~rior written consent, TLS may assign its ri and obligations this Agreement, to a commonly-owned cor whi~ 'assumes all of the duties of TLS hereunder, it ~g agreed, nE that TLS will remain responsible for their ance. In the event that Terry L. to own a controlling ownership interest in either TLS or acomor indirectly owns a majority of the common stock of TLS inafter, "Parent Company"), such event shall constitute a "Change inand TLS promptly shall deliver to the City administration writter t~ereof and identify the names and addresses of all of the d and indirect owners in any way related to the Peninsula Devele ~ Upon the occurren~ Change in Control, the City's option exercised by the identi~ing the new owners, the ity may terminate this Agreement. b. Entire ~greement; Amendment; No Other Intended neficiaries. This amended, altered or modified unless the pa~y against whom e ~rcement of any waiver, modification or discharge is sought does so in writing. o person / not a pa~y hereto is intended to be a beneficia~ of or to have th right to enforce this Agreement. / 6 c. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Iowa. The invalidation of one or more of the terms of this Agreement will not affect the validity of the remaining terms. The parties acknowledge that the proper venue of any court action is in Johnson County, Iowa. d. Joint Drafting. The City and TLS have engaged in extensive discussions and negotiations over the terms of this Agreement and neither party has acted as the exclusive dra~er o~ the language of these agreements and no inference or presumption or application of a rule of contract construction should be made based upon the premise that one party acted more than the other party as the draftsperson of these agreements. Dated this day of June, 2001. E/HOLD rnes '~ . e m~n,~~ ~ E t W L h ~yor Terry L. Stareper, President Marian Karr, City Clerk HOME BuLoems ASSOCIATION OF IOWA CITY P.O. Box 3396 .T~L,'le 26, 200] Iowa City, Iowa 52244 Phone: (319) 351-5333 Pax: (319) 35B-2443 The Iowa Ci~ Ci~ Council E - m a i l: 7 5 2 2 O, S 5 5 O ~compuserve.com CiW of Iowa Ci~ 510 E. W~ngton S~eet Iowa Ci~, Iowa 52240 De~ Co~cil Members: The Greater Iowa City ~ea Home Builders Association respect~lly asks the Iowa City Co~cil to ~swer ~e follow~g questions reg~d~g the Pe~nsula Project. O~ Association is ~ advocate of ~e Private Enterrise System ~d is concerned about ~e City approving a sho~-tem fin~cing a~eement ~ ~e mo~t of $690,000 to Developer Te~ L. Stmper, L.L.C. of Troy, Mic~g~, for the Peninsula Neighborhood Project. ~y is ~is project wo~hy ofsho~-tem tingeing iota the Ci~ of Iowa Ci~ Br $690,0007 The Association believes ~e contact ~ w~en wi~ Te~ L. Stmper provides alternative fin~cing in the event of "economic impracticality ", p~su~t to Section C of the First AdditiOn Sho~-Tem F~cing A~eement. ~s ~temative fm~cing is not available to local developers in the private sector. The local developer would need to obt~n tingeing for ~eir developments; pay cash or their project would not be cons~cted. ~at is the contingency pl~ if fin~cing is not obt~ned in the 180 days? The Association is concerned about ~ out-of-state developer ~at doesn't c~ently have the fin~cial reso~ces to begin ~e first ad~tion of~e project. Local b~s have not approved the fin~cing of this project. ~y should the Iowa Ci~ t~payers assme ~s risk? As professionals in the indust~ we believe the Pe~nsula is a high-risk project. As citizens ~d t~payers we believe the council should ~swer these questions publicly to ins~e the welf~e of o~ co~ty. We ask ~e co~cil to consider public discussion at the next co~cil meeting. Th~ you for your consideration. President Greater Iowa City ~ea Home Builders Association ~ht~ ~th NATION~ ASSerTION OF HO~ BUILDE~ & HOME BIDE~ ASSOCIATION OF IOWA Vhit our Website: ~.iowacityhomes.~m DRAFT / A. INTRODUCTION This short-term Financing Agreement is hereby mad~ and executed by, between and among theCity of Iowa City (hereinafter "City"),,1410 E. Washington Street, Iowa City, Iowa' 2240, and Terry L. Stareper Holdings, L.L.C. (hereinafter "TLS" and/or "Develope", 6399 Norton Street, Troy, Michigan, 48098. The City is a This agreement outline the terms and conditions, and the relative rights and responsibilities of the Cit as owner, and T~'S, as developer, for short-term financing of the infrastruct e necessary tc~support The Peninsula Neighborhood First Addition [hereinafter "Fit Addition" a 12.09-acre site owned in fee by the City and platted as the Penins a Neigh orhood First Addition. For and in consideration of the mutual pro 'ses s t forth herein, the parties hereby agree as follows: 'ittn~'stucte~~ B L · INE OF CREDIT, : NSES, AND METHOD QF ACCESS/ PAYMENT The City hereby ag~ ish a "line of credit" in an amount not to exceed $699,999.0 ; payment of expenses directly associated with the installatio the First Addition. Said eligible expenses shall inclu~ of site road construction, paving, instal ncluding lift station), water main, storm sewer, storm on and and shall also include those "soft costs" such engineering and ect management To access said line, e ,Of charges for materials or for the above-stated purposes to Kevin O'Malley, Director Department. Said statements filed by TLS for payment shall inc ~ies of the actual billing statements received by TLS from material su ~liers, contractors, and/or other eligible service providers [hereinafter "eli.,le ~rovider"]. City shall review statements for eligibility, and upon approval, ~sue a negotiable draft jointly payable to TLS and the eligible I Upon issuance of said negotiable draft, the line of credit shall be debited for 'the amount of the draft. City shall have the right, but not the obligation, to pay any statement deemed by City to be ineligible without waiving any legal and/or equitable rights to the enforcement of the terms of this agreement. C. TERM AND ALTERNATIVE FINANCING The terms of this agreement shall become binding and when approved and ~ted by TLS and the Iowa City City Council, and shaeffective for 120 calendar days or until TLS secures permanE financing for the First ~ from an alternative source, whichever occurs f TLS shall have the obli to pursue, in good faith, permanent fina~ from alternative sources, and ~all submit documentation of attempts financing upon City's request. Jpon TLS securing alternative City's obligation for payment of as outlined in section B shall and any statements which had been to City but remain unpaicJ promptly returned to TLS. The City shall have, its sole option, theht to extend the term of this agreement upon further of the City City Council through an appropriate written amE Jted by the City and TLS. D. INTI NT Sums expended by City on Section B above shall accrue interest at the rate of nine per annum on each debit incurred under the line of credit beginning from the such debit is posted to the line of credit and ending on the paid in full. There shall be no line of credit/finance originalion fees due un¢ agreement. TLS shall repay to City all sums, pll outlined above, under said line of credit upon the occurre of the following: a. TLS securing permanent or b. The expiration of this by the passage of 120 days as outlined above; or c. The termination of this agr, outlined section H below. E. CONDITIONS PRECED ~ \ a. As a condition precede to City having any obligatio for the establishment of credit/payment under terms of Section B above, TL shall provide the City with a letter from ~n ind pendent public accountant selecte by TLS to the effect that said a. ccount~ i. nt.h s.reviewed financial statements .of TL. w. hich have been undertaken in acc c~dance with generally accepted auditing stand rds, and that TLS is financia. lly ~apa.ble of fulfilling its obligat. ions .unde. r this a. gre ent. B above. 2 b. As a condition precedent to City having any obligations for the establishment of credit/payment under the terms of Section B above, TLS shall provide to City docum, satisfactory to City of TLS' contractual relationshi with con and/or builders who will be providing services and/or g buildinl ~in the First Addition. Should TLS fail to provide sL docum, ~ as outlined above, City shall have no obligatiolestablish credit under the of this agreement and/or Section B above. F. RELEASE, -'MNIFICATION AND Execution of this ~ment by TLS shall hereby oper to release, acquit and discharge any and all for injuries, loss or damawhether known or not, that TLS, its assigns, and all other asso and corporations may have against the of Iowa City, Iowa, assigns, successors, and employees, based on from any and/or perceived delay in the Peninsula Neighborhood Project. TLS hereby agrees to defend hold harmless City, its agents, assigns, successors and em and all claims and damages whatsoever resulting from TLS' installation and operation of infrastructure and TLS' use and of the First Addition property. Further, the parties agree that TLS Jot be acting as the City's agent during the original construction and installationFirst Addition infrastructure. Further, prior to TLS occupying said ~erty and/or commencing installation of infrastructure within the First hall provide certificates of insurance to City for the amounts listed below: Type of Coverac~e a. Comprehensive General ;rice Aq~reqate (1) Bodily Injury & Prol: Damage $500,000 $1,000,000 b. Automobile Liability Sincfie Limit (1) Bodily Injury & F ~erty Damage 000 c. Worker's Insurance as required by Cha 85, Code of Iowa. The City requires t Contractor's Insurance carrier be A or better by A.M. Best. G. AMENDMENT TO ORIGINAL DEVELOPMENT AGREEMENT BETWEEN 3 CITY AND TLS REGARDING PURCHASE AND PAYMENT FOR LAND Section 1.7 of the original Peninsula Neighborhood Development between City and TLS dated June 29, 2000 and recorded July 11, 2000 at Book 2986, Page 49, is hereby modified and amended to extend the closing date on the real estate encompassed by the final plat for the Peninsula Neighborhood,-'irst Addition from thirty (3') days after City Council approval of said final plat to L the occurren e of either: a. TLS se uring permanent financing; or b. The expl tion of this agreement without renewal b' e of 120 days from the dte of execution as outlined above. ' pTeLrSt~eh '~ . the First Addition upon closing. r terms of the original Peninsu hborhood t not specifically modifiedthis section or the First uted between the or about May 3, 2001 shall remain in full force and H. TERMINATION AND :EITURE This agreement shall upon any of the following occurrences: a. The failure of TLS to secure financing within 120 days of the execution of this agreemenl has not executed an extension and/or renewed this agreement; or b. The failure of TLS to repay sums c under this agreement; or c. The failure of TLS to close property as outlined in Section G above. Termination of this ag shall result in and effect a forfeiture of any and all interesthas, equitable or inchoate, in the Peninsula Neighborhood Deve between City and TLS dated June 29, 2000 and recorded 11, 2000 at Boc 2986, Page 49, and as amended by the First parties on or about May 3, 2001, and an interest TLS ha,, whether equitable or inchoate, in infrastrucl ~rovements installed the First Addition. I. NOTICES All notices, demands and that are required or permitted to be ,, iven under this Agreement will be writing and will be deemed to hTay~/e been sufficiently given for all purl if hereunder (a) delivered personally to the party to whom the same is d, or (b) sent by certified mail, postage prepaid, return receipt requested, the addresses 4 identified below; or to such other party at such other address as shall been given in writing in accordance herewith. If the City or City Authorities, to: City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Attention: Steve Arkins, City Manager With copies to: Eleanor Dilkes, City Karin Franklin, Di of Planning and Community Deve ~ment If Tern Stamper Holdings, to: Terr, Stamper Holdings, 6399 ~n Street Troy, an 48098 Attention: President With a copy to: J. MISCELLANEOUS a. Successors and Assigns; Assi This Agreement will be binding upon and inure to the benefit of the reto and their respective successors and assigns; however, TLS wi this Agreement without the City's prior written consent, except 1without City's prior written consent, TLS may assign its rights a, obligations ~nder this Agreement, to a commonly-owned col ;ssly assumes all of the duties of TLS hereunder, it agreed, less, that TLS will remain responsible for their In the event that Stare ~er ceases to a controlling ownership interest in either TLS ' which directl, irectly owns a majority of the common of TLS (hereinafter, "Parentsuch event shall constitute a ~n Control" and TLS shall deliver to the City administration notice thereof and iden the names and addresses of all direct and indirect owners in any ay related to the 'nent. Upon the occu~ , of a Change in Control, at the City's optio exercised by City's admin i the information identifying the new owners, the City may terminate this Agreement. b. Entire Agreement; Amendment; No Other Intended Beneficiaries. This Agreement represents the entire agreement as it exists at the time of the signing of this Agreement between the parties. reement may not be amended, altered or modified unless the party whom enforcement of any waiver, modification or discharge is sought doesin writing. No person not a party is intended to be a beneficiary have the right to enforce this Ac c. Choice of Law. Agreement will be by and construed in accordance with the of the State of The invalidation of one or more of the term~ reement will not : the validity of the remaining terms. The ~ that the pro venue of any court action is in Johnson County, Iowa. d. Joint Drafting. The City have en~ in extensive discussions and negotiations over the terms, and neither party has acted as the exclusive drafter of the I~ agreements and no inference or presumption or application of a rul,construction should be made based upon the premise that one pa acted more than the other party as the draftsperson of these agreements. Dated this day of June, 2001. CITY OF IOWA CITY IPER HOLDINGS, L.L.C. Ernest W. Lehman, Mayor Terry L. Stam / / / Attest: / Marian Karr, City Clerk / Approved by: " City Attorney's Office 6 /3- Page 1 of 2 Marian Karr From: JRBAIA@aol.com Sent: Tuesday, June 26, 2001 3:54 PM To: council@iowa-city.org Subject: Stamper bailout For sometime now I have been holding to myself my opinion that my benevolent city government has way overstepped it's mission to serve it's constituency. It appears to me that both the City Council and P & Z are of the opinion that the private sector cannot meet the development needs of the community. My disgust has peaked with the consideration to provide the developers of the peninsula with a "bridge loan," at a time when the infrastructure for the project has barely begun. 1. Consideration of the awarding of the project was in part determined by the developer's ability to demonstrate solid financial backing. It is no concern that local banks have exercised their prerogative not to participate. The request for financial assistance, at this early stage, clearly shows the developer has not met this criteria. 2. The legal issues with the EIk's also hold no sway. Projects of this magnitude rarely go without a hitch and thus any "experienced" developer would have a contingency allowance to provide for this unforeseen occurrence. While the dispute may be unique in nature to this project, and impediment of some sort should have anticipated that could thus be offset by the use of the contingency allowance. 3. If the unthinkable happens, and you do decide to accommodate Stamper, show that the legal fees incurred are in line with the request for the bridge loan. Or provide adequate time for response to any other excuse which arises as request for backing of this request. Early in the process, as the project was being :"sold" to us, it was indicated that local involvement would be utilized in the design, construction, and marketing of the project. I see little or no involvement of local architects or real estate agents, and only a newspaper reference to three contractors for the construction. Stamper has been quoted in the paper that this sort of development does not exist in IC, and that we are unfamiliar with the concept. I believe that it was my north side neighborhood that was photographed for inclusion in promotional literature developed for the sales job, as if this local reference added credibility. Seems to me we sight this only when it is convenient. And I could go on at length on how are existing neighborhoods are better than what is being proposed. How much money is the Council willing to put into the economic development of our existing neighborhoods? And no I don't favor zoning concessions for the Dubuque St. project, less it is not apparent this is not the kind of "contribution" that would contribute to this "gem of a neighborhood." Recently my sidewalks have been marked for replacement. Can you tell me how to apply for a subsidy so that I can more easily afford that work? I am also concerned that pedestrians traversing my walks will settle into a rhythm, anticipating only a smooth surfaces, devoid of even the most hairline cracks, chips, and changes in "elevation." What happens when they encounter the numerous potholes in the street as they transition from one smooth walk to another? When will you fix the street? Should I set a time limit for you, and if you don't comply fix it "myselF' and then send you the bill? What about the giant chunks of curbs that I am missing, when will they be fixed? 6/26/01 Page 2 of 2 You see now that you are heading down a path where you don't really want to go? Cut your losses now. Let Stareper do it on his own or send him on his way. No bailouts now, none in the future. You think the price for this "bridge loan" is significant, wait until it is "realized" that there is inadequate access to this land. Wait until the request for that bridge loan comes in! No more parking ramps for the university, no more city sponsored commercial and retail development, and little if any residential development on your part is demanded. Perhaps a review and overhaul of P & Z is warranted. Seems like we could save a lot of tax payer's money by streamlining that effort. If people (like Stamper) give you their word, then hold them to it. I will be watching, voting in November, and all other future elections. I am counting on you folks to do the "right" thing. Regards, Jim Barrett, Architect 604 Ronalds Street Iowa City, Iowa 52245 James R. Barrett, Jr., AIA T: (319) 887-1282 Architectural Design Services F: (319) 887-1283 123 North Linn Street, Suite 2A-2 T: (877) 822-1282 (toll free) Iowa City, Iowa 52245 6/26/01 E06-26-01 Prepared by: Kumi Morris, Engineering Division, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-184 RESOLUTION APPROVING THE EXTERIOR SIGNAGE AND FACADE TO DIAMOND DAVE'S IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicant, Stan White, on behalf of Madison Realty Group has filed an application for the design approval of the exterior signage and facade of Diamond Dave's in Suite 281 in the Old Capitol Town Center, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcol that is 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 a consensus vote has recommended the design of the project be approved; and 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: 1. The design of the exterior signage and facade of Diamond Dave's in Suite 281 in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 26th day of June ,2001. Approved by Ci Resolution No. 01-184 Page 2 It was moved by 0' Donne] '1 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion 'X' Kanner × Lehman X O'Donnell X Pfab X Vanderhoef Ir Wilburn Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-185 RESOLUTION APPROVING THE EXTERIOR SIGNAGE AND FACADE TO THE F.I.T. ZONE IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicants, Lois Etre, on behalf of The F.I.T. Zone, has filed an application for the design approval of the exterior signage design of The F.I.T. Zone in the Old Capitol Town Center, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is 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 a consensus vote has recommended the design of the project be approved; and 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: 1. The design of the exterior signage of The F.I.T. Zone in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable cedes and ordinances. Passed and approved this 26f, h day of June ,2001. Approved by ATTEST: CI'~LERK City Resolution No. 01-185 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman l(' O'Donnell X Pfab X Vanderhoef X , Wilbum ENTFP-,ANC, EE ELEVATIONS Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-186 RESOLUTION APPROVING THE EXTERIOR DESIGN AND AWNING TO THE ICE CREAM SHOP IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicant, Mike Krantz, on behalf of Ice Cream Shop, has filed an application for the design approval of the exterior awning design and facade of the Ice Cream Shop in Suite 105 in the Old Capitol Town Center, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is 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, with the condition that the awning extend a minimum of four feet out from the building at the bottom; and 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: 1. The design of the exterior signage, awning and facade of the Ice Cream Shop in Suite 105 in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 26th day of June ,2001. Approved by C Ci A Resolution No. 01-186 Page 2 It was moved by 0'Donne] ] and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~' Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn o" i 06-26-01 17 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-187 RESOLUTION APPROVING THE EXTERIOR SIGNAGE TO PLANET X IN THE OLD CAPITOL TOWN CENTER ON 201 S. CLINTON STREET, WHEREAS, the applicant, David Full, on behalf of Planet X, has filed an application for the design approval of the exterior signage design of Planet X in the Old Capitol Town Center, hereina~er "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is 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 a consensus vote has recommended the design of the project be approved; and 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: 1. The design of the exterior signage of Planet X in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 26th day of June ,2001. Resolution No. 01-187 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner 'X' Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 06-26-01 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-188 RESOLUTION APPROVING THE EXTERIOR SIGNAGE TO COUNCIL TRAVEL ON 116 S. LINN STREET. WHEREAS, the applicant, Paul Hoffman, on behalf of Council Travel, has filed an application for the design approval of the exterior signage design of Council Travel on 116 S. Linn Street, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is 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 a consensus vote has recommended the design of the project be approved; and 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: 1. The design of the exterior signage of Council Travel on 116 S. Linn Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 26th day of Oune ,2001. Approved by Resolution No. 01-188 Page 2 It was moved by 0'Donnel ] and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ]( Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum B 06-26-01 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa IA 52240 (319) (319) RESOLUTION NO. 01-189 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2001, THROUGH JUNE 30, 2003. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2001, through June 30, 2003, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 26th day of~ Approved b~y ' ATTEST: CI~LERK I ity Attorn ' asst'ves~afscme.doc Resolution No. 01-189 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ': X Kanner X Lehman ~' O'Donnell ;~ Pfab X Vanderhoef X Wilbum ITY LIBRARY BOARD OF ,FSCME, LOCAL#183 GREEMENT BETWEEN J the Iowa City Library Board ocal #183. Unless otherwise employee organization will be , re referred to as "employees". harmonious cooperation and '. under the laws of the State of lose of the City and the Union ~ of public funds and with the dge their cooperation to work )WA CITY LIBRARY BOARD OF TRUSTEES AND )ERATION OF ND MUNICIPAL EMPLOYEES ;IO JULY 1,2001 TO JUNE 30, 2003 TABLE OF CONTENTS PREAMBLE ....................................................................................................................................1 ARTICLE 1 -- RECOGNITION ......................................................................................................2 ARTICLE 2 -- MANAGEMENT RIGHTS .....................................................................................2 ARTICLE 3 -- NO STRIKE--NO LOCKOUT ................................................................................3 ARTICLE 4 -- BULLETIN BOARDS .............................................................................................3 ARTICLE 5 -- BUSINESS AGENTS ..............................................................................................3 ARTICLE 6 -- DUES CHECK OFF ................................................................................................3 ARTICLE 7 -- HOURS OF WORK ...............................................................................................4 ARTICLE 8 -- OVERTIME .............................................................................................................6 ARTICLE 9 -- HOLIDAYS .............................................................................................................9 ARTICLE 10 -- VACATIONS ......................................................................................................11 ARTICLE 11 -- SICK LEAVE ......................................................................................................11 ARTICLE 12 -- SPECIAL LEAVES .............................................................................................13 ARTICLE 13 -- SENIORITY ........................................................................................................16 ARTICLE 14 - - DIS CIPLINE ........................................................................................................19 ARTICLE 15 -- INSURANCE ......................................................................................................20 ARTICLE 16 -- SAFETY ..............................................................................................................21 ARTICLE 17 -- PERSONNEL TRANSACTIONS ......................................................................22 ARTICLE 18 -- CLOTHING AND EQUIPMENT ......................................................................22 ARTICLE 19 -- RECOVERY AND REHABILITATION PROGRAM ....................................... 22 ARTICLE 20 -- GRIEVANCE PROCEDURE .............................................................................23 ARTICLE 21 -- PAY PLAN ..........................................................................................................25 ARTICLE 22 -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER ............................................................................................................................26 ARTICLE 23 -- GENERAL CONDITIONS .................................................................................27 ARTICLE 24 -- DURATION OF AGREEMENT .........................................................................27 ARTICLE 25 -- SAVINGS CLAUSE ...........................................................................................27 APPENDICES AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL # 183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local/~183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: ARTICLE 1 RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE 3 NO STRIKE-NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE 4 BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE 5 BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during mgnlar working hours, for the purpose of investigating matters minting to the administration of this Agreement. Section 2. The Union shall notify the Personnel Administrator after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE 6 DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. On a monthly basis, and at no cost to the union, the Employer shall provide the Union with a computer disk, which, in a format agreeable to both parties, shows the bargaining unit employee's name, home address, and any other information mutually agreed to. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE 7 HOURS OF WORK Section 1. Definitions.. Temporary Employees - Those who regularly work less than twenty (20) hours per week, regardless of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes of bidding pursuant to Section 4B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. Full-Time: Those who regularly work forty (40) hours per week. Part-Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hours-per-week increments. The City shall provide the Union a list of names of temporary, seasonal, and casual employees of the City, along with hire dates, termination dates (if applicable), and account number of these employees. The Union will request this information under this provision no more than three times annually. Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full-Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full-Time - Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Temporary and Part-Time Employees. A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section 1 of this Article. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary employees. C. Special program employees include those funded by work study and similar programs. Such employees shall be considered as temporary employees. However, special program employees will receive benefits only for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shall be given seniority preference over special program employees. The supervisor shall make a reasonable effort to notify bargaining unit employees of any known special needs or requirements of special program employees. D. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break with pay from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shii~; i.e., no earlier than 3 hours into the shif~ and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to accrued holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. Section 9. Travel Time - Transit. In addition to hours specified on the run sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to retum the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE 8 OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or pan-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exceptions: A) Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. B) Employees who work more than eight (8) hours on a given day due to flex time mutually agreed upon by the employee and their supervisor will receive overtime for the time worked in excess of their scheduled flex hours on that day. e.g., Employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or morn in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division. C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand-By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: Employee Assilmed to Stand-by Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the StmelJSanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate often (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be fumished a call device, but no vehicle. Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum CalMn. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum calMn will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Any City employee required to appear as a witness in Court for work-related matters or at a municipal infraction hearing for work-related matters outside their work schedule will be paid for such appearance pursuant to minimum call-in provisions above. The employer will not alter work schedules solely to avoid this payment. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full- time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shit~ worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of an initial six (6) minute segment, and an employee must work the entire segment to be credited with one-tenth (1/10) hour for overtime. After the first six (6) minutes, overtime will be recorded and credited on a minute-for-minute basis. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 1 I. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before I0:00 p.m. shall receive an additional twenty-five ($.25) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before I:00 a.m. shall receive an additional forty cents ($.40) per hour. ARTICLE 9 HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro-rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section I of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:0l A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro-rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half(ll/~) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive twelve (12) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part- time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE 10 VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service Davs Per Pay Month 0-5 years 1 5years 1 day- 10years 11/4 10 years 1 day- 15 years 11/2 15 years 1 day - 20 years 13/4 more than 20 years 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE 11 SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amotmt of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligib|e for carry over from one fiscal year to the next shall be eight (8) hours. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Requirement of such doctor's statement will not be used merely for the purpose of harassment of any employee. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother- in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave, or if no such accruals exist, to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave ( 1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after retuming to work. Employees who do not retum to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the bargaining unit and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE 12 SPECIAL LEAVES Section 1. On-the-Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accrnals if required to attend the funeral of his/her spouse, domestic partner as recognized by City policy, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step-sister or step-brother. An employee wilt be granted one (1) day per occurrence with no loss of compensation nor loss of accrnal from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father-in-law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city-paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she leR and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. c. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. hilum to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work-day shall retum to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal surmnons when the employee is neither plaintiff nor defendant in the action and when such court appearance arises from the performance of his/her duties, obligations, or activities as a City employee, and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote at a polling place in the City of Iowa City or the City of Coralville during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will retum to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall retam to work as soon as she is medically able, retaining all rights granted by the federal Family Medical Leave Act or other applicable law. Section 9. Union Business Leave. a. Any employee elected to office in the Intemational American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any three (3) employees and not more than ten (10) days may be taken by any two (2) employees under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. c. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is govemed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. f. The City agrees to place Union supplied Union information in its new employee packets. This information shall not include political material, libelous material, or material which is injurious to the City or to employees. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. c. The work-relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE 13 SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinmy actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non-promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid-off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid- off employees shall be offered the job first where the City determines the laid-off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a morn senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid-off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid-off employee may bump the least senior employee in a job outside their classification within their department and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid-off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. c. Recall from Layoff. The names of permanent employees laid off shall be placed on a re- employment list for the jobs affected in the layoff. Such persons shall be eligible for re- employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to retum to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section I of this article and will be entitled to exemise seniority accrued prior to layoff after their mtum to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may retum to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement bet~veen the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntmy transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than the equivalent of a one step increase based on their pay prior to the transfer. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE 14 DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. c. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE 15 INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (prorated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 20. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500," Alliance. If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization, provided there is field capability and required deductions are not negatively affected. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The Employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of the employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. Section 5. Carrier Chan~e. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long-term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Lon~ Term Disability Insurance. The City will provide long-term disability insurance for permanent full-time bargaining unit employees and for permanent part-time bargaining unit employees who work or are on paid leave time an average of 30 or more hours per week, with sixty percent (60%) coverage of salary to a maximum of three thousand dollars ($3,000) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedures of this agreement. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. For the 2001-2003 collective bargaining agreement, the 10% increase language will only apply to the second year. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE 16 SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article 20 Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. Section 6. The employer will provide required protective clothing or protective devices, including up to $125.00 annually for the purchase of safety shoes. Employees required to wear shoes with puncture resistant soles will receive such reimbursement up to $175 annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 7. The employer will provide up to $100.00 during each fiscal year for the pumhase of prescription safety glasses, as needed, for those employees who are required to regularly wear safety glasses. The employer may specify the source and type of safety glasses for which reimbursement will be made. Replacement of safety glasses shall be subject to approval by the supervisor. ARTICLE 17 PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Upon request, written wamings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Upon request, such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE 18 CLOTHING AND EOU1PMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out-of-doors. (Police Department employees see Appendix G.) Section 2. Commercial Drivers License. The employer will reimburse non-probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE 19 RECOVERY AND REHABILITATION PROGRAM Section I. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees am eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resoumes. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE 20 GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article 9, Section 1, excluding the personal leave day, for purposes of this section. Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. In the absence of such certification the City will not be obligated under this Article to release any employee from duty for the purposes of investigating a grievance or representing another employee in any disciplinary or grievance proceeding. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data enUy or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article 20. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) ~vorking days the grievance will be processed pursuant to Step 2. B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration.. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5. Labor-Management Committee. The Labor-Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. c. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor- Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non-working hours of the labor members unless mutually agreed otherwise. The function of the Labor-Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor-Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem-solving and more effective communication and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. ARTICLE 21 PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on July 6, 2001, shall be adjusted upward by three and one quarter percent (3.25%) effective July 7, 2001. The pay plan in effect on July 5, 2002, shall be adjusted upward by three and one quarter percent (3.25%) effective July 6, 2002. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: July 7, 2001 July 5, 2003 July 6, 2002 July 3, 2004 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (1-6). Employees at Step 1 am eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 am eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of th is Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $325.00 10 years 500.00 15 years 650.00 20 years 800.00 25 years 1,050.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre-Tax Advantage Prom'am. The Employer will offer employees a program, consistent with 1RS regulations, through which employees may elect to make pre-tax reductions in taxable wages which will be paid to an account from which dependent care and health/dental premiums and expenses not covered by insurance will be paid. Section 7. Time Cards and Time Sheets. For all City employees, the City shall provide the employee an opportunity to review their time card and time sheet at the same time. ARTICLE 22 AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE 23 GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor-Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE 24 DURATION OF AGREEMENT This agreement shall be in effect between July 1, 2001, and June 30, 2003. Furthermore, this contract shall continue from year to year subsequent to June 30, 2003, unless written notice to change or modify it is mailed or hand-delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next ~vorking day thereafter. ARTICLE 25 SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. THE AMERICAN FEDERATION OF EMPLOYEES, LOCAla4fl-g3 .... A B SIDEN - MAYOR 7/_) LIBRARY BOA OF IOWA , IOWA ,,_ _~ '3-,,~, ~,~'-------- ~ -- By: ' _,~,_,,__~ ~ PRESDENT 7SECRETARY //~E MB S A By: [~ 6 ' ' humanrel\union~/fscme\local183 .agm . / i ~n-~ AFSCME JOB TITLE LIST FY02 (JULY 7, 2001) APPENDIX A - Page 1 r,r~,r- -' 1 Custodian 5 MWII - Public Housing MWI- Recreation MWII- Parks MWI - Senior Center MWII - Ramp/Meter Repair MWI - Transit Facility MWII - Recreation MWII - Transit 2 Cashier - Parking Sr Library Clerk Central Services Info Clerk Sr Police Records Clerk Kennel Assistant MWI - Government Bldgs 6 Animal Control Officer MWI - Meter Reader Buyer I - Equipment MWI - Parking Systems Community Service Officer MWI - Pools Library Assistant I MWI - Transit MWII - Water Service Mail Clerk Mass Transit Operator MWI - Library Sr Account Clerk - Accounting Landfill Clerk Sr Account Clerk - Treasury 3 Cashier - Treasury 7 Customer Serv Rep - Parking Clerical Assist - Cable TV Library Assistant II Clerk Typist - Prks &Forestry MWII - Landfill Library Clerk MWII - Landfill/Recycle MWI - Towing MWII - Pools MWI - Wastewater Treatment MWII - Refuse MWI - Water Customer Service MWII - Wastewater Treatment Plant MWII - Government BIdgs Parts/Data Entry Clerk Minutetaker Production Assistant Parking Enforcement Attendant Program Assistant Scalehouse Operator Sr Clerk Typist - Sr. Center Water Services Clerk Sr Clerk Typist - Streets MWII - Library Sr Clerk Typist - Wastewater Trtmnt Clerk Typist - Engineering Housing Assistant Clerk Typist - Recreation MWI - Airport 8 Engineering Technician Clerical Assist - PCD Interactive Specialist Equipment Clerk Laboratory Technician Library Assistant III 4 Account Clerk - Accounting MWII - Forestry Account Clerk - Transit MWII - Streets Account Clerk - Treasury MWIII - Cemetery Clerk Typist - Solid Waste MWIII - Landfill MWI - Forestry MWIII - Parks MWI - Refuse MWIII - Wastewater Collection MWI - Streets Sr Accounts Payable Clerk MWI - Water Distribution Sr Payroll Clerk MWII - Cemetery MWII - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk Typist - Recreation AFSCME JOB TITLE LIST FY02 (JULY 7, 2001) APPENDIX A - Page 2 9 Buyer II 13 Chemist Community Programmer Development Reg Specialist Construction Inspector I Elec Tech - Traffic Eng Customer Service Rep FSS Program Coordinator Electrician Librarian II Emergency Comm Dispatcher Mechanic III MWIII -Transit Public Housing Coordinator Mechanic I Section 8 Coordinator Office Coord - Recreation Sr Accountant - Accounting Sr Engineering Technician Sr Accountant - Treasury Sr Library Assistant Sr MW - Wastewater Collection Housing Program Assistant Sr Mechanic MWIII - Senior Center Survey Party Chief 10 Body Repair Mechanic 14 Program Spec - Sr Center Housing Inspector Rec Program Supervisor Housing Office Manager Sr Construction Inspector MWlll - Water Dist Sr MW - Recreation MWIII - Water Plant Sr MW - Streets Maintenance Operator - Wastewater Sr MW - Wastewater Plant Public Info/Ed Coordinator - Water Sr MW - Water Dist TPO - Wastewater Treatment Sr TPO - Wastewater TPO - Water Volunteer Spec - Sr Center Sr TPO - Water 11 Customer Service Coord Housing Rehab Specialist 15 Associate Planner MWIII - Streets Civil Engineer MWlll - Wastewater Human Rights Investigator Mechanic II Human Services Coord Microcomputer Specialist Sr Librarian Page Supervisor Solid Waste Planner Special Projects Inspector Sr MW - Cemetery Library Web Specialist 12 Construction Inspector II Electronics Tech - Wastewater Libarian I Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Tuffgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector APPENDIX B IOWA 500 IOWA 500 NEALTH C. ARE COVERAGE IOWA 500 coverage combines bastc Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deducttbles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and nu~ater of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for gO% of the covered Usual, 'Customary and Reasonable charges for: * One routine annual physical examinatt'on in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Imnunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays· These efforts, of course, can help keep health care costs--and rates--in line· THE IOWA SO0 Plan Covers These Extensive Services: HOSPITAL CARE gO/lO PHYSICIAN SERVICES gO/lO Inpatient Home and office vtsts · Semi-private room and board One routine annual physical · Necessary services and supplies exam · Operating rooms, intensive care, Pre-natal and post-natal care coronary and burn care units in phystcian's office · )livery room for normal delivery, Immunizations Caesarcan section, miscarriage or Hospital visits and nursing admission for false labor facility visits · Necessary laboratory and x-ray services Outpatient NERVOUS AND MENTAL 90/10 · Surgery Outpatient - gO/lO to $10,000 · Diagnositc x-ray and laboratory Lifetime Maximum. servtces · Accident care SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies · Services provided by a .......... Registered Nurse Services prescribed by a physician B-2 THE lDt~ 500 PLAN COVERS THESE OTHER SERVICES: These"other. servtces are subject tO a $100 contract dedbcttble per cal.endar year · Prescriptions Nutstrig Services · Anesthetics Private-duty nurstng services · Blood plasm · Casts Ambulance · Crutches Air · Durable medtcal equipment Ground · .Other supplies when ordered by a physician DEDUCTIBLES AND COPAYWlENT · Hospital - The Subscriber is responsible for the first t~o days of semi- private roam and board. "'- ~ ...... -.'-~Lj~."~-N,_;~-~ .: - L~ Per Hospttal Admission. · Physician- The subscriber pays 10~ of the phystctan's Usual, Customary and Reasonable charges Including office calls. iO~A 500 coverage pays the remaining 905, · Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medtcal supplies and services, These may tnclude prescription drugs, servtces of a Registered Nurse, ambulance services, home health care and braces· I~hen the subscrtber's expenditures for hospital, physician, and/or other servtces reach $500 per year, ZOI~A 500 pays 100~ of all remalntng charges, If the subscrther's expenditures for hospttal, physician, and/or other serrfces do not reach $500, the subscriber pays 10~ of 811 remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions ts petd 90/10 co-payment unit1 the $10,000 Llfettme Naxtmum is met. Co-pa~nent for outpatient Nervous and !¢ental does not apply to the out-of-pocket maxtm~. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. deductive B-2a I . Hospice care has been added to include respite care, a ' means by which services can be provided to relieve an · ~ .~ individual caring for a terrainally ill patient at home. Also ~.,~-: b ~t: included under hospice care are continuous home care and "' ' general inpatiem care services. ""~' .... > Hospital Bill Audits "' Experienced Blue Cross and Blue Shield auditors will review a random sampl · of bills over $ I0,000. This ensures that the , charges are appropriate and represent services actually - received. 2) Whathappens if you fail to obtain prior approval for a non- ALLIANCE Program Provisions emergency or planned admission? · Always obtain pre-admission certification prior to any non- 1 ) The ALLIANCE program consists emergc.cy or p~a.ned inpatien, admissions. Failure to do so will result in a substantial penalty, perhaps as much as of seven program components. 50percent. alter which ony applicable deductible and coinsumnce amount~ will be applied to the remaining Theyare: bal,,nce. Remember. it isyourresponsibility to make sure Pre-Admission Certification the calf is placed. Blue Cross and Blue Shield must be notified prior to any Remember that it is not necessary to contact Blue Cross non. emergency or planned inpatient admission to a hospital, and Blue Shield unless you are admitted as an inpatient to skilled nursing facility, mental health institution, or use of a health care facility or to receive home health or hospice home health care or hospice program services. services. For example, if you obtain care on an outpatient basis (i.e., visit the doctor's office or go to a hospital Admission Review emergency room or clinic), and you are not admitted for Blue Cross and Blue Shield must be notified o[ all emergency inpatient treatment, you need not contact us. and maternity admissions within 24 hours. · Always notify Blue Cross and Blue Shield of all emergency Continued Stay Review and maternity admissions within 24 hours. If you fail to do All hospital stays will be reviewed to ensure that continued so, you will be responsible for the room-and-board charges hospitalization, home care, hospice or other services are for any days it is determined your condition did not require medically necessary to meet the patient's ongoing health inpatient hospitalization. care needs. Individual Case Management 3) To appeal a possible reduction Focus is placed on special needs of patients with severe illnesses or injuries. Arrangement may be made to waive Of benefits: standard coverage limitations or exclusions that might otherwise hinder alternative care arrangements outside the * You or your physician may ask for a reconsideration of the hospital. decision. All requests should be made in writing and submitted by either you or your physician. Mandatory Outpatient Surgery · You must appeal a benefit reduction within six months of Certain surgeries and procedures can be safely performed on receipt of notice for failure to notify Blue Cross and Blue an outpatient basis without sacrificing the quality of care. Shield of an emergency or maternity admission within 24 This requirement will be waived if inpatient admission hours. is medically necessary. ALLIANCE...working with you. for you! Additional Home Health Care and Hospice Benefits Coverage is provided for services not usually offered in traditional coverage. Additional home health benefits provide expanded coverage for: · Skilled nursing services · Physical therapy · Speech therapy · Occupational therapy · Medical social services tome health aide services - Emeral and parenteral nutrition · Prescription drags and medicines administered intravenously or intramuscu[arly · Medical supplies :3 $umrnery of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of lows coverage not only provides · variety of I benerRs but also encourages timely and effective dante maintenance. More than I0% of the enlists in Iowa larticlpete In the Delta Dental program. Delta Dental payment ie Need on UmJel, Customary end Reasonable allowances, mubject to deductible end copayment provi- sions of the progem. Your Delta Dental program includes e 'medical nscer41ty" provision which ensures coverage for dental services provided within generally accepted dental practices. Uke Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claim~ directly from participating dentim. And we pay them directly for you. That eliminates claims-handling chores for you end your employees -- end saves valuable tim end money To provide · program to meet your compeny'e needs, Delta Dental P~an bener~ are eveliable with deductibles, copayments end maxi- mum payment ellowances for covered services. These benefits am combined to meet your needs: · Routine checkups at six-month intervals including bitewing x-reys at 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-reys once in any three-year interval unless special need is demonstrated. Rou~ne Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- end post-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cOst fillings. · Cam restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. Delta Dental Plan oilowe Delta Dental Plan Of Iowa - e-4 RATE QUOTATION PLAN II Pr~ram Benefits Ueduce~ CopaV~nt Singte~:amlly fAnnual) ~] Preventive Maintenance $ ~] Routine Restorative $ ~5/75 ., 50 % ~ Major Restorative S " .,, 50 % [~J Dental Prosthetics $ .. % r-I Periodontics $ [30rthodontics $ . F'l Dependents to age F'~ Furl-time students F'I AUults Program Maximums Single $ 500 per year Family $ 500 per member. per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ ~ per month These rates guaranteed for. ~2 months beginning on 7-1-85 if purchased by *Rates ¢luotecl here ere Based upon eensus information provided aM mcCluldng and maintaining e mi ' m ~nrOIIma,rL~ of ~0% of toMI eligible employees for the duration of the COntract. ; . . ptlon of COverage. h is nol · liaramain of contract. Actual loverage M subjec~ .to the terms end COndi;ions ~ led in the COntract else end enrollment regulation~ in rome w~en the iontract becomes effective, Della Dental Pin of lows B-4 (FY03) City of Iowa City Dental Benefit Plan 71'1102 through 6/30/03 Individual Annual Maximum $1,000 Orthodontic Lifetime Maximum NA Deductible Single $25 Family $75 Diagnostic & Preventive 100% Deductible Waived Routine and Restorative 80% Deductible Applies Perodontics 80% Deductible Applies Surgical Periodontics - Not Covered 50% Endontics Deductible Applies Cast Restorations 50% Deductible Applies ERSONNEL 3/26/01 AFSCME PAYPLAN FY02 (JULY 7, 2001) APPENDIX C - 1 Page 1 PAYGRADE: STEP I STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $I 1.05 $12.39 $12.76 $13.22 $13.63 $14.09 MW I - Recreation $884.00 $991.20 $1,020.80 $1,057.60 $1,090.40 $1,127.20 MW I - Sr Center $22,984.00 $25,771.20 $26,540.80 $27,497.60 $28,350.40 $29,307.20 MW I - Transit Facility 2 Cashier - Parking $11.38 $12.76 $13.22 $13.63 $14.09 $14.58 Central Services Info Clerk $910.40 $1,020.80 $1,057.60 $1,090.40 $1,127.20 $1,166.40 Kennel Assistant $23,670.40 $26,540.80 $27,497.60 $28,350.40 $29,307.20 $30,326.40 MW I - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk MW I - Library Landfill Clerk 3 Cashier-Treasury $11.76 $13.22 $13.63 $14.09 $14.58 $15.08 Clerical Assist - Cable TV $940.80 $1,057.60 $1,090.40 $1,127.20 $1,166.40 $1,206.40 Clerk Typist - Prks & Forestry $24,460.80 $27.497.60 $28,350.40 $29,307.20 $30,326.40 $31,366.40 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW tl -Library Clerk-Typist - Engineering Clerk-Typist - Recreation MWI - Airpod Clerical Assist - PCD Equipment Clerk 4 Account Clerk - Acctng $12.16 $13.63 $14.09 $14.58 $15.08 $15.65 Account Clerk - Transit $972.80 $1,090.40 $1,127.20 $1,166.40 $1,206.40 $1,252.00 Account Clerk - Treasury $25,292.80 $28.350.40 $29,307.20 $30,326.40 $31,366.40 $32,552.00 Clerk/Typist - Solid Waste MW I - Forestry MW I - Refuse MW I - Streets MW I - Water Dist MW I] - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk/Typist - Recreation FY02afscme2.xls AFSCME PAYPLAN FY02 (JULY 7, 2001) APPENDIX C - 1 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II - Parks $12.61 $14.07 $14.51 $14.97 $15.53 $16.03 MW II - Public Housing $1,008.80 $1.125.60 $1,160.80 $1,197.60 $1,242.40 $1,282.40 MW II - Ramp/Meter Repair $26,228.80 $29,265.60 $30,180.80 $31,137.60 $32,302.40 $33,342.40 MW II - Recreation MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $13.01 $14.58 $15.08 $15.65 $16.17 $16.76 Buyer I - Equipment $1,040.80 $1,166.40 $1,206.40 $1.252.00 $1,293.60 $1,340.80 Community Service Officer $27.060.80 $30,326.40 $31,366.40 $32,552.00 $33,633.60 $34,860.80 Library Assistant I MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Account Clerk - Treasury 7 Customer Serv Rep - Parking $13.47 $15.08 $15.65 $16.17 $16.76 $17.37 Library Assistant II $1,077.60 $1,206.40 $1,252.00 $1,293.60 $1,340.80 $1,389.60 MW II - Landfill $28,017.60 $31,366.40 $32,552.00 $33,633.60 $34,860.80 $36,129.60 MW 11 - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment PInt Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerkrrypist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Trtmnt Housing Assistant 8 Engineering Technician $13.91 $15.65 $16.17 $16.76 $17.37 $17.99 Interactive Specialist $1,112.80 $1,252.00 $1,293.60 $1,340.80 $1,389.66 $1,439.20 Laboratory Technician $28,932.80 $32,552.00 $33,633.60 $34,860.80 $36,129.60 $37,419.20 Library Assistant Ill MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk FY02afscme2.xls AFSCME PAYPLAN FY02 (JULY 7, 2001) APPENDIX C - 1 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $14.33 $16.03 $16.58 $17.17 $17.76 $18.40 Community Programmer $1,146.40 $1,282.40 $1,326.40 $1,373.60 $1,420.80 $1,472.00 Construction Inspector I $29,806.40 $33,342.40 $34,486.40 $35,713.60 $36,940.80 $38,272.00 Customer Service Rep Electrician Emergency Comm Dispatcher MW Ill - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center 10 Body Repair Mechanic $14.74 $16.49 $17.05 $17.60 $18.24 $18.86 Housing Inspector $1,179.20 $1,319.20 $1,364.00 $1,408.00 $1,459.20 $1,508.80 Housing Office Manager $30,659.20 $34,299.20 $35,464.00 $36,608.00 $37,939.20 $39,228.80 MW Ill - Water Dist MW III - Water Plant Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water 11 Customer Service Coord $15.72 $17.37 $17.99 $18.74 $19.38 $20.12 Housing Rehab Specialist $1,257.60 $1,389.60 $1,439.20 $1,499.20 $1,550.40 $1,609.60 MW III - Streets $32,697.60 $36,129.60 $37,419.20 $38,979.20 $40,310.40 $41,849.60 MW III - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Special Projects Inspector Library Web Specialist 12 Construction Inspector II $16.45 $17.98 $18.60 $19.28 $19.98 $20.64 Electronics Tech - Wastewater $1,316.00 $1,438.40 $1,488.00 $1,542.40 $1,598.40 $1,651.20 Librarian I $34,216.00 $37,398.40 $38,688.00 $40,102.40 $41,558.40 $42,931.20 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Tuffgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector FYO2afscme2.xls AFSCME PAYPLAN FY02 (JULY 7, 2001) APPENDIX C - 1 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $16.98 $18.74 $19.38 $20.12 $20.88 $21.67 Development Reg Specialist $1,358.40 $1,499.20 $1,550.40 $1,609.60 $1,670.40 $1,733.60 Elec Tech - Traffic Eng $35,318.40 $38,979.20 $40.310.40 $41,849.60 $43,430.40 $45,073.60 FSS Program Coord Librarian II Mechanic III Public Housing Coordinator Section 8 Coordinator Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Survey Party Chief 14 Program Spec - Sr Center $17.62 $19.38 $20.12 $20.88 $21.67 $22.35 Rec Program Supervisor $1,409.60 $1,550.40 $1,609.60 $1,670.40 $1,733.60 $1,788.00 Sr Construction Inspector $36,649.60 $40,310.40 $41,849.60 $43,430.40 $45,073.60 $46,488.00 Sr MW - Recreation Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water 15 Associate Planner $18.40 $20.15 $20.91 $21.71 $22.39 $23.16 Civil Engineer $1,472.00 $1,612.00 $1,672.80 $1.736.80 $1,791.20 $1,852.80 Human Rights Investigator $38,272.00 $41,912.00 $43,492.80 $45,156.80 $46,571.20 $48,172.80 Human Services Coord Sr Librarian Solid Waste Planner Sr MW - Cemetery FY02afscme2.xls AFSCME PAYPLAN FY03 (JULY 6, 2002) APPENDIX C - 2 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 '1 Custodian $11.41 $12.79 $13.17 $13.65 $14.07 $14.55 MW I - Recreation $912.80 $1,023.20 $1,053.60 $1,092.00 $1.125.60 $1,164.00 MW I - Sr Center $23.732.80 $26,603.20 $27,393.60 $28,392.00 $29,265.60 $30,264.00 MW 1 - Transit Facility 2 Cashier- Parking $11.75 $13.17 $13.65 $14.07 $14.55 $15.05 Central Services Info Clerk $940.00 $1.053.60 $1,092.00 $1,125.60 $1,164.00 $1,204.00 Kennel Assistant $24.440.00 $27,393.60 $28,392,00 $29,265.60 $30,264.00 $31,304.00 MW I - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk MW I - Library Landfill Clerk 3 Cashier-Treasury $12.14 $13.65 $14.07 $14.55 $15.05 $15.57 Clerical Assist - Cable TV $971.20 $1,092.00 $1,125.60 $1,164.00 $1,204.00 $1,245.60 Clerk Typist - Prks & Forestry $25,251.20 $28,392.00 $29,265.60 $30,264.00 $31,304.00 $32,385.60 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Minutetaker Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW II -Library Clerk-Typist- Engineering Clerk-Typist - Recreation MWI - Airpod Clerical Assist - PCD Equipment Clerk 4 Account Clerk - Acctng $12.56 $14.07 $14.55 $15.05 $15.57 $16.16 Account Clerk - Transit $1,004.80 $1,125.60 $1,164.00 $1.204.00 $1,245.60 $1,292.80 Account Clerk - Treasury $26,124.80 $29,265.60 $30,264.00 $31,394.00 $32,385.60 $33,612.80 Clerk/Typist - Solid Waste MW I - Forestry MW I - Refuse MW I - Streets MW I - Water Dist MW II - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk/'rypist - Recreation FYO3afscme2.xls AFSCME PAYPLAN FY03 (JULY 6, 2002) APPENDIX C - 2 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 6 MW II - Parks $13.02 $14.53 $14.98 $15.46 $16.03 $16.55 MW II - Public Housing $1,041.60 $1,162.40 $1,198.40 $1,236.80 $1,282.40 $1,324.00 MW II - Ramp/Meter Repair $27,081.60 $30,222.40 $31,158.40 $32,156.80 $33,342.40 $34,424.00 MW II - Recreation MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $13.43 $15.05 $15.57 $16.16 $16.70 $17.30 Buyer I - Equipment $1,074.40 $1,204.00 $1.245.60 $1,292.80 $1,336.00 $1,384.00 Community Service Officer $27,934.40 $31,304.00 $32,385.60 $33,612.80 $34,736.00 $35,984.00 Library Assistant I MW II - Water Service Mass Transit Operator Sr Account Clerk - Accounting Sr Account Clerk - Treasury 7 Customer Serv Rep - Parking $13.91 $15.57 $16.16 $16.70 $17.30 $17.93 Library Assistant II $1,112.80 $1,245.60 $1,292.80 $1,336.00 $1,384.00 $1,434.40 MW II - Landfill $28,932.80 $32,385.60 $33,612.80 $34,736.00 $35,984.00 $37,294.40 MW II - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment PInt Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Tdmnt Housing Assistant 8 Engineering Technician $14.36 $16.16 $16.70 $17.30 $17.93 $18.57 Interactive Specialist $1,148.80 $1,292.80 $1,336.00 $1,384.00 $1,434.40 $1,485.60 Laboratory Technician $29,868.80 $33,612.80 $34,736.00 $35,984.00 $37,294.40 $38,625.60 Library Assistant III MW II - Forestry MW II - Streets MW III - Cemetery MW Ill - Landfill MW Ill - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Sr Payroll Clerk FY03afscme2.xls AFSCME PAYPLAN FY03 (JULY 6, 2002) APPENDIX C - 2 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $14.80 $16.55 $17.12 $17.73 $18.34 $19.00 Community Programmer $1.184.00 $1,324.00 $1,369.60 $1,418.40 $1,467.20 $1,520.00 Construction Inspector I $30,784.00 $34,424.00 $35,609.60 $36,878.40 $38,147.20 $39,520.00 Customer Service Rep Electrician Emergency Gomm Dispatcher MW III - Transit Mechanic I Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center 10 Body Repair Mechanic $15.22 $17.03 $17.60 $18.17 $18.83 $19.47 Housing Inspector $1,217.60 $1,362.40 $1,408.00 $1,453.60 $1,506.40 $1,557.60 Housing Office Manager $31,657.60 $35,422.40 $36,608.00 $37,793.60 $39,166.40 $40,497.60 MW III - Water Dist MW III - Water Plant Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water 11 Customer Service Coord $16.23 $17.93 $18.57 $19.35 $20.01 $20.77 Housing Rehab Specialist $1,298.40 $1,434.40 $1,485.60 $1,548.00 $1,600.80 $1,661.60 MW III - Streets $33,758.40 $37,294.40 $38,625.60 $40,248.00 $41,620.80 $43,201.60 MW Ill - Wastewater Mechanic II Microcomputer Specialist Page Supervisor Special Projects Inspector Library Web Specialist 12 Construction Inspector II $16.98 $18.56 $19.20 $19.91 $20.63 $21.31 Electronics Tech - Wastewater $1,358.40 $1,484.80 $1,536.00 $1,592.80 $1,650.40 $1,704.80 Librarian I $35,318.40 $38,604.80 $39,936.00 $41,412.80 $42,910.40 $44,324.80 Special Projects Inspector II Sr MW - GBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector FYO3afscme2.xls AFSCME PAYPLAN FY03 (JULY 6, 2002) APPENDIX C - 2 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $17.53 $19.35 $20.01 $20.77 $21.56 $22.37 Development Reg Specialist $1,402.40 $1,548.00 $1,600.80 $1,661.60 $1,724.80 $1,789.60 Elec Tech - Traffic Eng $36,462.40 $40,248.00 $41,620.80 $43,201.60 $44,844.80 $46,529.60 FSS Program Coord Librarian II Mechanic III Public Housing Coordinator Section 8 Coordinator Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sr Mechanic Survey Party Chief 14 Program Spec - Sr Center $18.19 $20.01 $20.77 $21.56 $22.37 $23,08 Rec Program Supervisor $1,455.20 $1,600.80 $1,661.60 $1,724.80 $1,789.60 $1,846.40 Sr Construction Inspector $37,835.20 $41,620.80 $43,201.60 $44,844.80 $46,529.60 $48,006,40 Sr MW - Recreation Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center St. TPO - Water 15 Associate Planner $19.00 $20.80 $21.59 $22.42 $23.12 $23.91 Civil Engineer $1,520.00 $1,664.00 $1,727.20 $1,793.60 $1,849.60 $1,912.80 Human Rights Investigator $39,520.00 $43,264.00 $44,907.20 $46,633.60 $48,089.60 $49,732.80 Human Services Coord Sr Librarian Solid Waste Planner Sr MW - Cemetery FY03afscme2.xls APPENDIX D Reclassification Procedures Section 1. Purpose The Job Evaluation Committee will be responsible for maintaining fair and equitable cla. ssification of all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Waters evaluation instrument used in the 1993 study and shall have responsibility for modification or interpretation of the evaluation instr.ument. Section 3, Committee Membership and Structure 1. The Job Evaluation Committee shall be comprised of eight members, four to be selected by The City, including the Personnel Administrator, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetinc~s 1. The Committee will meet as necessary to hear all position reclassification appeals by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1. All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administrator). 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Personnel Administrator may vote in place of any absent Management Committee members. The Union officers may vote for any absent Union member. D-2 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Aooeals 1. Employees will be informed of the procedures for appealing the classification of a position. 2. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The appealing employee will be compensated for time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification appeals may be initiated by the Personnel Administrator. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions 1. Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section 8. Salary Adjustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected employees will not be reduced. D-3 3. Employees in positions found to be under-classified will receive a salary adjustment equal to: e. the minimum of the new salary range, if below the minimum, or b. a one-step increase (step to be defined as the percentage difference between steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adiustments 1. Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. 3o In the event that salary maximum of a position is shown to be under-paid by at least 15 percent (15%) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Electrician, Grade 8, Range $1,000-$1,300, 15 percent off the market moved to Range 8A, $1,150-$1,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. FundinQ 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures 1. The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, D-4 with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Al~oroval 1. All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an experimental : .: p.~'ogram and is itself experimental, This procedure shall be used to determine reclasSifications during FY97-99 and then shall become null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of April 6, 1987 APPENDIX E CONTRACT SIDE L~]]r..K ON LIBRARY S(:~IEDULING A~cr staffmS needs for public scarice areas have been determined by each dcpamncnt, permanent sclzdul~s for these areas will bc bid on three _,im~ armually to be effective laxmary I to May 30, $une 1 to Au~ntst 31. and September I to December 31. Seniority win be used for the puq~ose of allowing employees to choosc tlmse weekends. those nights an~ those 9-6 shifts that they do not wish to work. Each schedule period thc senior employee in each participaling deparUncnt will indicate thosc nights, weet~,'nds, and 9-6 shifts they do not wish to worl~ The seeted senior person will choose next, etc. Each employee will work s similar number of weekends, evenings and 9-6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, lhcir seniority will be used w decide their place in the selection process. In lhe event that the Library staffing needs can be met wilttout the necessity of scheduling all employees for a regular night or 9-6 shift, tic senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule period. When all employees have been offered axe first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the sppmval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the departmenL There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 E-2 AMENDMF_,NTS TO CONTRACI' SIDE LETrI~ ON LIBRARY SC~IEDULING Library employees may request to work ~ par~al days; for exsmple, one-half day on Saturday snd onc-hslf day on Monday, where staffmS permits. The basis to ~e_,mine adequate m/fin~ will be enough people wi(hin one department electing the option ~o mske it viable. For permanent full-time library employees who elea ~his ol~ion, work performed on ~he ?th day of fi~e work week shall be conside~d overtime. Library employees woddng scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be chartgod through mutoai agw. ement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change meir option of pay or time compensation wRhin a scheduling period may submit a request to thcir supervisor in lhc same manner as othcr scheduling and leave changes. 'I'nc Library will honor requests of this nature whenever staffing and financial resources penniL with the understanding on both sides fixat no/~asonable request will be unreasonably denied. RE: July 23, 1982 E-3 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Beginning with the fall 2001 Library scheduling period, such periods will be bid on three times annually effective the first Saturday after New Year's Day, the first Saturday on or after May 1~, and the first Saturday after Labor Day. The second paragraph of the November 27, 1978 Contract Side Letter on Library Scheduling is amended to clarify that the selection list to determine who works an evening in a scheduling period will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. To maintain seniority advantage, new employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. As a result, although the lists will originally be in seniority order, they may fall out of exact seniority order over time due to employee turnover. In accordance With A_rlicle 9, Section 6, when the Library is operating and open on City approved holidays, schedules will be selected as follows: The selection list for holiday shifts given compensatory time will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. New employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. During the departmental routing of the selection list of holiday shifts given compensatory time, part-time employees will select one shift before passing the list while full-time employees will select two. If not all shifts are filled after each employee has made their selection(s), the list will be routed again starting at the top of the list. No part-time employee may be required to work more than one shift per holiday. Conflicts will be resolved by the department manager and the affected employees. The selection list for paid holidays routes in seniority order. During its routing employees may select only one shift. If not all shifts are filled after the initial routing is complete, the list will be muted once again until all shifts are filled. If after re-routing all shifts are not filled, the manager will assign shifts in reverse seniority order. No employee may select nor be assigned more than one shift per paid holiday. Schedule period packets will include an opportunity for those who wish to accept extra Sundays to be identified. After Sunday shifts have been distributed equally, managers will distribute any extra Sunday shifts to those requesting additional ones. If no staff member accepts an extra shift, they will be distributed to departmental permanent staff in the Sunday rotation on a fair and impartial basis. In addition, staff may relinquish up to one additional Sunday shift per schedule period, if the department head determines that staff are available to accept such additional shifts. Extra shifts chosen through this voluntary process are available for pay only. Employees cannot regain their shift after it has been reassigned. RE: October 10, 2000 APPENDIX G-I MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL-CIO, Local 183 Re: Article XVIII ClothinR and Eauipment. Section I Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatchers/Police Desk Clerks, the parties have agreed to waive the provisions of Article 18, Section i in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. 1. Community Service Officer a. Six winter and six summer permanent press regulation shim. b, Four pairs of regulation trousers. c. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hat/cap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. c. (~ne regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shir~s. b. Four pairs of regulation trousers. c. One regulation pants belt. d. Three regulation ties, B. Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purehue of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his/her designee by the tirst day of the month and shall be paid by the City within 30 days. APPENDIX G-2 C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Reolacement: 1. Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. m: March 11, 1991 APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: Treatment Plant Operators - Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. or nio: For the City: SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL//183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1996-1999 Contract, the investigation and discussion of on-site childcare and/or ch~.dcare vouchers will be considered a proper topic for consideration by the Labor-Management Committee referred to in Article 20, Section 5. 'r~ For the City~er~_~ P an SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective July 2, 1994. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of July 2, 1994, will receive an increase equal to 3.5% in addition to the across-the-board increase of 3%, provided that no employee will receive a wage rate that is lower than Step I or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee was placed on Step 1 or between steps 1 and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of July 1, 1994) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across-the-board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as follows: Position Old Range New Range Sr. Maintenance Worker - Water Distribution 15 14 Program Specialist - Senior Center ~ 5 14 St. Maintenance Worker-Wastewater Treatment 14 13 Maintenance Worker III 9 B - Wastewater Treatment Collection Buyer I - Purchasing 6 5 Senior Library Clerk (3 positions) 4 3 Maintenance Worker II - Government Buildings 4 3 For the Union: For the City: / .~, t~. ,~, - ~t Assista Prepared by: Sarah Holecek, First Asst, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-190 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC., (FORMERLY AMERICAN COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT INC.'S MATER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY WHEREAS, ACT and City previously entered into an '~greement between the City of Iowa City and American College Testing Program (ACT) concerning ACT's Master Development Plan" dated December 15, 1992, as well as a Supplement and First Amendment thereto finally dated April 1, 1998; and WHEREAS, said agreements addressed issues concerning the extension of Scott Boulevard, f/ida Captain Irish Parkway, through ACT property; and WHEREAS, per the terms of the original Agreement and First Supplement, ACT conveyed to the City the real estate necessary for the extension of Scott Boulevard, f/ida Captain Irish Parkway; and WHEREAS, since that time, the City and ACT have agreed to a preferred southerly alignment for Scott Boulevard, f/ida Captain Irish Parkway, and have negotiated an agreement outlining the obligations of both ACT and City for the conveyance of the property and easements necessary under the new alignment in exchange for the return of unnecessary property to ACT; and WHEREAS. it is in the public interest for the City to execute the agreement with ACT as necessary to construct the preferred southerly alignment of Scott Boulevard, f/ida Captain Irish Parkway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Second Amendment to the Agreement between the City of Iowa City and ACT Inc., (formerly the American College Testing Program, Inc.) concerning ACT's Master Development Plan. 2. The Mayor is hereby further authorized to sign and the City Clerk to attest any and all legal documents necessary to carry out the terms and provisions of said agreement. Passed and approved this 26th day of June ,20 O]- Ci~i%~LERK A~,s ~~ Sarah~propacq~actcapnirish]econd amendment to anedal agreement res Resolution No. 01-190 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion ' .- X . Kanner X Lehman T O'Donnell X Pfab X Vanderhoef X Wilbum ORIGINAL SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC. (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. This Secoi~J Amendment ("Second Amendment") is made between ACT Inc. (formerly The Amer an College Testing Program, Inc.) an Iowa cor ion with its principal place of business in bwa City, Iowa ("ACT") and the City of Iowa Ci pal corporation ("City"). RECITALS 1, ACT and City have previously entered into between the City of Iowa City and American College Testing (ACT) concerto ACT's Master Development Plan" dated December 15, 1992, referred to herein as "Oril Agreement", and a Supplement and First Amendment thereto fina'l]y dated April 1, 1998, herein as "First Supplement". 2. The Original Agreu&rnent and First ~lement contemplated the construction of an east-west arterial th ACT prop said east-west arterial street heroinafter referred to as the Captain Irish ~y. The portion of Captain Irish Parkway is completed, with the easterly portion ~tructed. 3. As provided in the Origin : and First Supplement, ACT conveyed to the City real estate for the remaining pertic Irish Parkway through ACT's property. However, since such conveyance, the City a ACT have agreed to a preferred southerly alignment. In order to proceed with the new ali tent, ACT needs to convey to the City Auditor's Parcel #2000122 in exchange for which ity will convey back to ACT Auditor's Parcel #2000121, each such Auditors Parcel bein and described on the Auditors Parcel Plat as filed in Plat Book ~, at Page / ,=cords of Johnson County, Iowa, with a copy attached hereto. 4. ACT and City now wi (~ to further ~ ;nd the Original Agreement and First Supplement to appropriately change the ~reet alig ACT's property, through Captain Irish Parkway as outlined in paragraph ~ above, and to easements for additional infrastructure necessary to support Capt~n Irish Parkway. NOW, THEREFORE, If' CONSIDERATION THE FORGOING RECITALS, OF THE MUTUAL PROMISES HI AND OTHER AND VALUABLE CONSIDERATION, IT IS AGREED BY AND BE ,WS: 1. CONVEYANCE OF NEW RIGHT-OF-WAY TO ITY. Consistent with the terms of the Original Agreement ld First Supplement, ACT shall to the City, no later than , 20 , Auditor's Parcel No. 22. Said conveyance shall be by warranty deed in fee s mpleTree and clear of all liens ~mbrances. ACT will pay, before deh;~quency any real state taxes that may be assessed on lid Auditor's Parcel for the entire Jul 1 2000' June 31~1 fiscal year 2. CONVEYANCE OF OLD RIGHT-OF-WAY TO In consideration of and contemporaneous with the conveyance from ACT to the City pursuant to Section I above, the City shall convey to ACT no later than , 20__ Auditor's Parcel No. 2000121. Said conveyance shall be by warranty deed, in fee simple free and clear of all liens and encumbrances. The City will indemnify and hold harmless ACT from any real estate taxes that may be imposed on said Auditor's Parcel for the July 1, 2000 June 30, 2001 fiscal year. 3. TEMPORARY CONSTRUCTION EASEMENTS. Attached hereto as Exhibits "A" and B" are platsdepicting and describing the temporary construction easements (including work zone easement) on ACT property required for construction of the second phase of the Captain Irish Parkway Project, and the temporary construction easements (including work zone easement) on ACT property required for construction of the First Avenue Extension through ACT property, respectively . ACT agrees to grant to City, without compensation, no later than , 2001 said temporary construction easements in substantially the form of the agreement that is attached hereto as Exhibit "C". 4. PERMANENT STORM SEWER EASEMENT. Attached heretO as Exhibit "D" is a plat storm sewer and drair~ageway easement in substantiall/l<y/the form of the agreement that is attached hereto as ~it "E". / 5. UNDERGROUN 'UTILITY EASEMENT. A~ached hereto as Exhibits "F" and "G" are plats depicting and }ing the underground/'(~tility easements on ACT property necessary for the installation of iround public utilities along the right-of-way of the second phase of the Captain Irish Parkwa, ~nd the right-o/f*~vay of the First Avenue Extension, respectively. ACT agrees to grant to without co..mpensation, no later than 2001, said permanent undel }und uti]i!y' easements in substantially the form of the agreement that is attached "H". 6. CONFIRMATION OF ~INAL AGREEMENT AND FIRST SUPPLEMENT. Except as specifically modified in this Amendment, the Original Agreement and First Supplement entered into between the parties December 15, 1992 and April 1, 1998, respectively, shall remain in full force and effect. ACT, INC. CITY OF IOWA CITY Richard L. Ferguso~nt By Ernest W. Lehman, Mayor Thomas J. Goe'dken, Vice President arian K. Karr, City Clerk & Treasurer Approved bye" by: ,THj City Attorney's Office Tucker & ;lman, L.L.P. Attorneys for ACT, Inc. STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this ,),'~ day of ~'tg,-,--~ , 200__J before me. the undersigned, a Notary Public in and for the Star of Iowa, personally appeared Richard L, Ferguson and Thomas J. Goedken, Vice President & Treasurer , tO me personally known, who being by me duly sworn, did say that they are the President and . respectively, of the corporation executing the within and foregoing instrument; that (no seal has been procured by/the said corporation) (the seal affixed hereto i e seat of the said corporation) that said'instrument was signed (and sealed) on behalf of the corporation by authority of its Board o,f--Oirectors; and deed of the corporation, by it and by them voluntarily executed. Nota~ Pu c fo;~~State of Iowa COUNTY OF JOHNSON ) On this day of 20 ., before me, the undersigned, a Nota~ Public in and for the state of Iowa, perso~ Ernest W. Lehman and Marian K. Karr, to me personally known, who, being duly did say that they are the Mayor and City Clerk, respectively, of the City of a municipal corporation; that the seal affixed to the foregoing instrument is the c, ~orate seal :he corporation; and that the instrument was signed and sealed on behalf of corporation uthority of its City Council, as contained in Resolution of the City Council on the ~ day of y , 20 ; ~ Ernest W. Lehman and Madan K. Karr acknowledged the executio of the instrument to their volunta~ act and deed and the volunta~ act and deed of ~corporation, by it , executed. / Notan for the State of Iowa / ~ 06-26-01 Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-191 RESOLUTION OF INTENT TO CONVEY AUDITOR'S PARCEL NO. 2000121 TO ACT INC. IN EXCHANGE FOR THE CONVEYANCE OF AUDITOR'S PARCEL NO. 2000122 TO CITY BY ACT, INC. AND SETTING A PUBLIC HEARING FOR JULY 10, 2001 WHEREAS, per the terms of the Second Amendment to the Agreement between the City of Iowa City and ACT Inc., (formerly the American College Testing Program, Inc.) concerning ACT's Master Development Plan, the City and ACT have agreed on a preferred southerly alignment of Scott Boulevard, f/k/a Captain Irish Parkway; and WHEREAS, per the terms of said agreement, ACT shall deed to City the property comprising the preferred southerly alignment (Auditor's Parcel 2000122) in exchange for City deeding to ACT its interest in the previous Scott Boulevard f/k/a Captain Irish Parkway alignment (Auditor's Parcel No. 2000121), said exchange to be without compensation by or to either party; and WHEREAS, it is in the public interest for the City to convey its interest in the property comprising the former alignment to ACT, Inc. in exchange for the property comprising the new alignment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in Auditor's Parcel No. 2000121 to ACT, Inc., in exchange for the conveyance of Auditor's Parcel No. 2000122 to City by ACT, Inc. 2. A public hearing on said proposal should be and is hereby set for July 10, 2001, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 26th day of ,hjnp ,20 01 . CI~;LERK Sarah~propacq',act capirish\convey old captain irish alingrnent reslution.doc Resolution No. 01-191 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn