HomeMy WebLinkAbout2019-12-17 ResolutionItem Number: 6.b.
1 CITY OF IOWA CITY
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in � at
COUNCIL ACTION REPORT
December 17, 2019
Resolution accepting the work for the storm sewer, tile lines, drainage ways,
sanitary sewer, water main, and paving public improvements for Brookwood
Pointe Fifth Addition, and declaring public improvements open for public
access and use.
Prepared By: Josh Slattery, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Brookwood Pointe Fifth Addition is the fifth and final addition of the Brookwood Pointe
Development on the South side of town. It is a 17 -lot, 4.92 -acre residential subdivision located
west of Brookwood Pointe Fourth Addition. Brookwood Pointe Fifth Addition extends Terrapin
Drive and Covered Wagon Drive to the west of Russell Drive.
Background /Analysis:
The construction of the storm sewer, tile lines, drainage ways, sanitary sewer, water main, and
street paving improvements for Brookwood Pointe Fifth Addition have been completed in
substantial accordance with the plans and specifications on file with the Engineering Division of
the City of Iowa City.
ATTACHMENTS:
Description
Engineer's Report
Resolution
1 � i
� VIII p
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
ENGINEER'S REPORT (319) 356 - 5009 FAX
www.icgov.org
December 5, 2019
Honorable Mayor and City Council
Iowa City, Iowa
Re: Brookwood Pointe Fifth Addition
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water
main, and street paving improvements for Brookwood Pointe Fifth Addition have
been completed in substantial accordance with the plans and specifications on
file with the Engineering Division of the City of Iowa City. The required
maintenance bonds are on file in the City Clerk's Office for the sanitary sewer,
storm sewer, and water main improvements constructed by Maxwell
Construction, Inc. of Iowa City, Iowa and for the paving improvements
constructed by Streb Construction Co., Inc. of Coralville, Iowa.
I recommend that the above -referenced improvements be accepted by the City
of Iowa City.
Sincerely,
ason Havel, P. E.
City Engineer
Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
Resolution No. 19-295
Resolution accepting the work for the storm sewer, tile lines,
drainage ways, sanitary sewer, water main, and paving public
improvements for Brookwood Pointe Fifth Addition, and
declaring public improvements open for public access and use
Whereas, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications approved by the Engineering Division.
Sanitary sewer, storm sewer, tile lines, drainage ways and water main improvements for
Brookwood Pointe Fifth Addition, as constructed by Maxwell Construction, Inc. of Iowa
City, Iowa.
Paving improvements for Brookwood Pointe Fifth Addition, as constructed by Streb
Construction Co., Inc. of Coralville, Iowa.
Whereas, the maintenance bonds have been filed in the City Clerk's office; and
Whereas, the City of Iowa City has notified those contractors listed previously of the date on which
it will consider acceptance of the aforementioned public improvements; and
Whereas, the traffic control signs have been installed.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally
accepted and declared open for public access and use.
Passed and approved this 17th day of December , 2019
It was moved by Salib
adopted, and upon roll call there were:
Ayes:
Ma or
proved by
d IA I
j City Attorney's Office
in seconded by Taylor the Resolution be
Nays:
Absent:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
S
Item Number: 6.c.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
December 17, 2019
Resolution accepting the work for the Riverfront Crossings Park, Phase 2
Project.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
This project has been completed by Tricon General Construction, Inc. of Cedar Rapids, Iowa, in
substantial accordance with the plans and specifications prepared by Confluence, Inc. of Des
Moines, Iowa. The Engineer's Report and Performance and Payment bonds are on file with the
City Clerk.
• Project Estimated Cost: $ 385,000.00
• Project Bid Received: $ 427,750.00
• Project Actual Cost: $ 468,621.29
Background /Analysis:
This was Phase 2 of the overall project to fully construct a park on the former site of the City's
North Wastewater Treatment Plant. This phase involved the installation of a Nature Play Area,
including the following play areas:
• 2 -5 -Year -Old Play Area - Log slide, sand play and climbing features.
• Explorer Path — Obstacle course for children made from logs, boulders and other
constructed obstacles.
• Creek Access Patio and Stream Feature — Area for interaction and play with water. Design
includes Artful Rainwater Design to capture water for interaction.
• Tumble Mound and Tunnel — Sculpted earth hill with tunnel through middle.
• 5+ Year Old Play Area — Climbing, exploring and additional sand play for older children
• Zip -Line Area — Dual zip line allowing individuals with limited mobility to also experience the
playground zip line. Parent-child swings and a Tee Pee structure are also in this area.
ATTACHMENTS:
Description
Engineer's Report
Resolution
ENGINEER'S REPORT
December 6, 2019
City Clerk
Iowa City, Iowa
Riverfront Crossings Park Phase 2 Project
Dear City Clerk:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
I hereby certify that the construction of the Riverfront Crossings Park Phase 2 Project has been
completed by Tricon General Construction, Inc. of Cedar Rapids, Iowa, in substantial accordance
with the plans and specifications prepared by Confluence, Inc. of Des Moines, Iowa.
The project was bid as a unit price contract and the final contract price is $468,621.29.
There was a total of eleven (11) change or extra work orders for the project as described below:
1 All work necessary to modify the grading plans and minor
Total $ 40,871.29
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
layout revisions.
$
10,206.41
2
Additional playground materials.
$
17,339.31
3
Contract Times extended
$
0.00
4
Additional surveying costs due to site grading revisions.
$
3,064.77
5
Stainless steel pipe and plate for tee pee assembly
$
548.45
6
Change Sand to Pea Gravel
$
1,473.34
7
Additional Topsoil
$
1,785.87
8
Additional labor to adjust remnant outcropping along terrace
$
1,937.76
9
Deduct for Sand not installed.
$
(1,320.00)
10
gid Item 30 Quantity Adjustment - additional flagstone.
$
83.71
11
Change Seeding to Sod
$
5,751.67
Total $ 40,871.29
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
Resolution No. 19-296
Resolution accepting the work for the Riverfront Crossings Park,
Phase 2 Project
Whereas, the Engineering Division has recommended that the work for construction of the
Riverfront Crossings Park Phase 2 Project, as included in a contract between the City of Iowa City
and Tricon General Construction, Inc. of Cedar Rapids, Iowa, dated August 18, 2017, be accepted;
and
Whereas, the Engineers Report and the performance and payment bond have been filed in the City
Clerk's office; and
Whereas, funds for this project are available in the Park at Site of North WWT Plant account
#R4185; and
Whereas, the final contract price is $468,621.29
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 17th day of December _,2019
MaJ16r
Attest:
City 'lerk
Ap roved by
City Attorney's Office
It was moved by salih and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
Item Number: 6.d.
�, CITY OF IOWA CITY
-�"�'�� COUNCIL ACTION REPORT
December 17, 2019
Resolution accepting the dedication of Outlot G, Peninsula Neighborhood,
Second Addition as public open space.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
In connection with the Peninsula Neighborhood, Second Addition, the owner agreed to dedicate
Outlot G within said subdivisions to the City as public open space. The Parks & Rec. Dept. and
Public Works Dept. have inspected the property and determined it is suitable for dedication at this
time and recommends the City Council waive the contingency for all the plantings required by the
OPDH because the current plantings are sufficient and appropriate for the space.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Kellie Fruehlin
From: Karen Kubby <karen@beadologyiowa.com> Late Handouts Distributeu
Sent: Saturday, December 14, 2019 5:21 PM
To: Council
Subject: Emma Harvat Square
City Council, (Date)
In the consent calendar for your formal meeting on Tues. Dec. 17, item 6.6.e., there is an item to accept Emma
Harvat Square Park as city owned open space. Hope you vote to do this. I would request that the name of the
park be "Emma J. Harvat Square Park". You'll notice the official name of the council chamber is Emma J.
Harvat Hall. She was quite particular about her use of that middle initial. When in the peninsula
neighborhood, I have noticed this quirk for years and have resisted the temptation to make a spontaneous
change on my own. That would be inappropriate. Here is my opportunity to right this mistake.
If you should make this change, you will also need to amend the contract for maintenance. Many thanks for
your consideration.
Karen Kubby
1425 Ridge St.
Iowa City, IA 52240
This email is from an external source.
L,A
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 3565030
Resolution No. 19-297
Resolution accepting the dedication of Outlot G, Peninsula
Neighborhood, Second Addition as public open space.
Whereas, in connection with the Peninsula Neighborhood, Second Addition, the owner agreed
to dedicate Outlot G within said subdivision to the City as public open space; and
Whereas, the owner is now willing and able to dedicate said parcel to the City; and
Whereas, pursuant to Section 12 of the subdivider's agreement recorded at Book 3626, Page
616 in the records of the Johnson County Recorder, four contingencies must be satisfied prior
to the City accepting the dedication of Outlot G; and
Whereas, one contingency is that all plantings as required by the OPDH plan have been
completed and not all plantings have been completed;
Whereas, the Parks & Recreation Department and Public Works Department have inspected
the property and determined it is suitable for dedication at this time and recommends the City
Council waive the contingency for all the plantings required by the OPDH because the current
plantings are sufficient and appropriate for the space.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The dedication and conveyance of Outlot G, Peninsula Neighborhood, Second Addition,
Iowa City, Iowa, as shown on the final plat thereof, recorded at Book 46, Page 186 in the plat
records of the Johnson County Recorder, to the City for public open space, in a form of
conveyance approved by the City Attorney's Office, is in the public interest and hereby approved
and authorized.
2. The plantings in Outlot G are sufficient and the contingency that all plantings shown on the
OPDH is waived.
3. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the acceptance of said dedication and
record the same at Peninsula Development Company, LLC's expense.
Passed and approved this 17th day of December 2019
Ma or
Approved by
1 /—d � -(5 )
City Clerk City Attorney's Office
Resolution No. 19-297
Page 2
It was moved by Salih and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
Item Number: 6.e.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
December 17, 2019
Resolution naming the proposed park defined as Outlot G in Peninsula
Neighborhood, Second Addition as "Emma Harvat Square Park."
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission:
Ad Hoc Naming Committee approved the name
Attachments: Resolution
Executive Summary:
Council accepted the dedication of Outlot G in the Peninsula as public open space. City policy
requires the naming of parks to be approved by City Council and an adhoc committee
comprised of staff and the Parks & Rec. Commission. This resolution names the park "Emma
Harvat Square Park," in honor of the City's first female mayor as recommended by the ad hoc
committee.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
M,
Prepared by: Susan Dulek, Assistant City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 19-298
Resolution naming the proposed park defined as Outlot G in
Peninsula Neighborhood, Second Addition as "Emma J. Harvat
Square Park."
Whereas, in the Subdivider's Agreement for Peninsula Neighborhood, Second Addition
recorded August 28, 2003 in Book 3626, Page 616, in the office of the Johnson County
Recorder, the owner agreed to dedicate as open space Outlot G, which the City Council has
accepted in Resolution No. 19-297 ;
Whereas, Outlot G is bordered by Willenbrock Circle to the south, Martin Street to the
east, Walker Circle to the north, and Foster Road to the west;
Whereas, Outlot G is intended for a park;
Whereas, as required by the City Naming Policy approved in Resolution No. 11-70, an
ad hoc committee recommends that the park be named "Emma J. Harvat Square Park";
Whereas, Emma J. Harvat is the City's first female mayor; and
Whereas, the City Naming Policy requires the name of the park be approved by the ad
hoc committee and City Council.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
The proposed park defined as Outlot G in Peninsula Neighborhood, Second Addition shall
be known as "Emma J. Harvat Square Park."
Passed and approved this 17th day of December 2019.
Ma or
Approved by
��,,.�
Attest: <�t f 4''l
City Clerk City Attorneys Office
Resolution No. 19-298
Page 2
It was moved by salih and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
M
Prepared by: Susan Dulek, Assistant City Attonney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No.
Resolutio aming the proposed park defined as Outlot in
Peninsula ighborhood, Second Addition as "Emma arvat Square
Park.
Whereas, in the Subdi 'der's Agreement for Peninsula Ne' borhood, Second Addition
recorded August 28, 2003 inBo k 3626, Page 616, in the offic of the Johnson County
Recorder, the owner agreed to d irate as open space Outl G, which the City Council has
accepted in Resolution No. 19 -
Whereas, Outlot G is bordere by Willenbrock ircle to the south, Martin Street to the
east, Walker Circle to the north, and F ter Road t e west;
Whereas, Outlot G is intended fort@ par
Whereas, as required by the City Na ng Policy approved in Resolution No. 11-70, an
ad hoc committee recommends that the p e named "Emma Harvat Square Park'
Whereas, Emma Harv/thes firs female mayor; and
Whereas, the City Naquires a name of the park be approved bythe ad
hoc committee and City CounNow, therefore, be it ordaineduncil of the ity of Iowa City, Iowa that:
The proposed park Xefined as Outlot G in
be known as "Em a Harvat Square Park."
Passed and
day of
Mayor
Approved
Second Addition shall
2019.
City Attorney's
Item Number: 6.f.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
December 17, 2019
Resolution approving an agreement with the Peninsula Neighborhood
Homeowners Association, Inc. regarding use and maintenance of Emma
Harvat Square Park.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Juli Seydell Johnson, Parks & Rec. Director
Fiscal Impact: None.
Recommendations: Staff: Approval
Commission: None.
Attachments: Resolution
Maintenance agreement
Executive Summary:
In the previous items, the City Council accepted Outlot G, an area of land in the peninsula
neighborhood bordered by Willenbrock Circle, Martin Street, Walker Circle, and Foster Road, as
open space and named it Emma Harvat Square Park. The Peninsula Neighborhood
Homeowners Association, Inc. has maintained Outlot G as a public open space for the
neighborhood for over ten years and wishes to continue to provide some maintenance which is
acceptable to City staff. This resolution approves the attached maintenance agreement.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Maintenance agreement
�f
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 19-299
Resolution approving an agreement with the Peninsula
Neighborhood Homeowners Association, Inc. regarding use and
maintenance of Emma J. Harvat Square Park.
Whereas, in the Subdivider's Agreement for Peninsula Neighborhood, Second Addition
recorded August 28, 2003 in Book 3626, Page 616, in the office of the Johnson County
Recorder, the owner agreed to dedicate as open space Outlot G, which the City Council has
accepted in Resolution No. 19-297 ;
Whereas, Outlot G is bordered by Willenbrock Circle to the south, Martin Street to the
east, Walker Circle to the north, and Foster Road to the west;
Whereas, in Resolution No. 19-29$Council approved naming the park as Emma J.
Harvat Square Park;
Whereas, the Peninsula Neighborhood Homeowners Association, Inc. has maintained
Outlot G as a public open space for the neighborhood for over ten years and wishes to continue
to provide some maintenance which is acceptable to City staff; and
Whereas, the attached maintenance agreement should be approved.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
The City Manager is authorized to sign the attached Agreement between the City of Iowa
City and Peninsula Neighborhood Homeowner's Association, Inc. regarding the Use of
Emma Harvat Square Park and is further authorized to sign amendments thereto.
Passed and approved this 17th day of December , 2019.
/v�
Ma or
Approved by
Attest:_ St �) — t S
C' Clerk City Attorney's Office
Resolution No.
Page 2
19-299
It was moved by Salih and seconded by 'Taylor the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Cole
x
Mims
x
Salih
x
Taylor
%
Teague
x
Thomas
%
Throgmorton
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No.
Resolution proving an agreement with the Penin la
Neighborhoo omeowners Association, Inc. re rding use and
maintenance o mma Harvat Square Park.
Whereas, in the Subdivi is Agreement for Penins Neighborhood, Second Addition
recorded August 28, 2003 in Boo 3626, Page 616, in the ffice of the Johnson County
Recorder, the owner agreed to ded ate as open space utlot G, which the City Council has
accepted in Resolution No. 19-_;
Whereas, Outlot G is bordered
east, Walker Circle to the north, and F
Whereas, in Resolution No. 19-_,
Square Park;
Whereas, the Peninsula Neighbo
Outlot G as a public open space for th ne
to provide some maintenance which . act
Whereas, the attached ma' tenance agree)
Now, therefore, be it ordained by a City Council of
fck Circle to the south, Martin Street to the
o the west;
approved naming the park as Emma Harvat
owners Association, Inc. has maintained
J for over ten years and wishes to continue
City staff; and
should be approved.
:ity of Iowa City, Iowa that:
The City Manager is Othorized to sign the attachgreement between the City of Iowa
City and Peninsula Neighborhood Homeowner's Nsociation, Inc. regarding the Use of
Emma Harvat Squ a Park and is further authorized t9 sign amendments thereto.
Passed and
Glerk
day of
2019.
Approved
Attorney's
An Agreement between
the City of Iowa City
and
Peninsula Neighborhood Homeowners Association, Inc.
regarding
the Use of Emma Harvat Square Park
This agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a
municipal corporation ("City"), and the Peninsula Neighborhood Homeowners Association, hie.
("HOA").
WHEREAS, the City is the owner of Emma Harvat Square Park ("park") located at 904 Walker
Circle; and
WHEREAS, the park is the focal point of the Peninsula neighborhood; and
WHEREAS, the HOA wishes to assist the City in the care and maintenance of the park and
desires to enter into an agreement for such care and maintenance.
NOW, THEREFORE, THE CITY AND THE HOA AGREE AS FOLLOWS:
1. The HOA shall mow the park and maintain the park landscaping. Mowing and
landscaping shall be conducted by the HOA in a manner consistent with City ordinances
and policies. Landscaping means turg perennial plantings, and annual plantings.
2. The HOA shall plow snow on the park sidewalks consistent with City ordinances and
policies. The HOA shall not remove the snow to the street and not in a manner that
interferes with parking along the perimeter of the park. Other routine park sidewalk
repairs and maintenance, including but not limited to replacement of concrete panels,
crack filling, and repair of curb ramps, shall be the responsibility of the City.
3. The City shall maintain park equipment, including but not limited to the shelter, benches
and playground equipment, and replace said equipment consistent with the City's capital
equipment replacement program. Replacement of equipment shall be negotiated
between the City and the HOA.
4. The City shall maintain the trees in the park, and shall replace dead or dying trees in
accordance with standard City policies governing such. The HOA shall be allowed to
replace or add trees with the written permission of the Director of Parks and Recreation.
5. The City shall pay the electricity expense of the park.
6. The City shall be responsible for shelter reservations, and the HOA shall not be given
preference for shelter reservations.
7. The HOAshall not have exclusive use of the park or its amenities, except ifitreserves
the shelter.
8. Upon design approval ofthe Director of Parks and Recreation, whose approval shall not
be unreasonably be withheld, the HOA may place holiday lights in the shelter, at its
expense and maintenance from November through January. Holiday lights shallnot be
allowed in park trees.
9. The park irrigation system in the park may be operated by the HOA and the City, but the
City is under no obligation to maintain said system. The City shall allow the HOA to
repair or replace the park irrigation system at the sole expense of the HOA upon
obtaining a temporary construction easement from the City. The City may remove the
park irrigation system if the HOA fails to maintain the system or for other good cause as
determined by the Parks and Recreation Director.
10. This agreement shall become effective upon execution.
11. This agreement shall remain in full force and effect for a period of years, and will
automatically renew upon the same terms and conditions every 3 years unless either
party desires not to renew the agreement. Written notification ofthe desire not to
renew shall be provided 90 days prior to the renewal date via U.S. mail as follows:
Notice from the City to the HOA shall be provided to:
President, Peninsula Neighborhood Association, hrc.
address of the home office as shown on the Secretary of State's website
Notice from the HOA to the City shall be provided to:
City Clerk
City Hall
410 E. Washington St.
Iowa City, IA 52240
12. All amendments shall be in writing and require concurrence of both parties.
13. The HOA shall not assign this agreement without the City's written consent.
14. Each party agrees to release, indemnify and hold the other party, its officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all
costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or
charged to, the party by reason of any loss or damage to any property or injury to or
death of any person arising out of or by reason of any breach, violation or non-
performance by the other parties or their servants, employees or agents of any covenant
or condition of this agreement or by any act or failure to act of those persons.
15. If any provision of this agreement is held to be invalid, illegal or unenforceable, the
validity of the remaining provisions shall not be affected or impaired.
16. This Agreement sets forth all of the covenants, promises, agreements, and conditions
between the parties, and there are no other covenants, promises, agreements or
conditions, either oral or written.
Dated this 17th day of December 2019.
CITY OF IOWA CITY
By—---
GeoITF City Manager
PENINSULA NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC.
By
Adametori s, oard President
Aved By
cmc I r`�?
City Attorney's office
Item Number: 6.g.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
December 17, 2019
Resolution authorizing the City Manager to sign Lease Amendment #1 to a
Lease Agreement with the Iowa City Area Development Group for
commercial space within the Iowa City Public Library, extending the lease for
four years.
Prepared By: Eric Goers, Asst. City Attorney
Simon Andrew, Assistant to the City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: $2,000 per month in rental revenue
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Lease Amendment #1
Executive Summary:
The Iowa City Area Development Group, Inc. (ICAD) has been leasing City -owned office space
at 136 S. Dubuque Street for a number of years, as part of an entrepreneurial center and co -
working partnership with the University of Iowa called MERGE. The current lease expires in 2020.
This resolution authorizes the extension of this lease for four years. The lease extension includes
a $2,000 per month rental rate while maintaining all other terms of the current lease.
Background /Analysis:
City -owned space at 136 S. Dubuque Street, on the west end of the Iowa City Public Library, has
been leased to ICAD since 2015. ICAD's co -working space and MERGE have been an
important addition to our community's economic development ecosystem and contributes to the
vibrancy of City Plaza. Collaboration with the University, City, private businesses and startups,
Iowa City Downtown District, I CR, and Think Iowa City have been the hallmark of MERGE.
The City is one of many public financial sponsors of I CAD. Currently, the City contributes $70,000
per year in operational support. In addition to this operational funding, the City provides space at
136 S. Dubuque Street at a rent below market rate as part of our support for the organization.
Prior to renting the MERGE space, the City provided $100,000 operational funding for ICAD.
Reduced rent is considered to be part of the City's sponsorship.
The current four year lease, expiring in 2020, set rent levels at $2,000 per month for the first two
years and $2,500 per month in the second two years. The proposed lease extension would set
rent at $2,000 per month, recognizing the increase in overall property tax liability I CAD is
responsible for since the initial lease was drafted. The City's offering of below market rate rent will
continue to be recognized as an in-kind contribution to I CAD and will be factored in when
determining future cash contributions to the organization.
All other lease provisions will remain the same as the current lease.
ATTACHMENTS:
Description
Resolution
Lease Amendment #1
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution Number: 19-300
Resolution authorizing the City Manager to sign Lease Amendment #1
to a Lease Agreement with the Iowa City Area Development Group for
commercial space within the Iowa City Public Library, extending the
lease for four years.
Whereas, on December 151, 2015, after a public hearing, the City Council approved a
Lease Agreement (Lease) with the Iowa City Area Development Group (ICAD) for
approximately 4,935 square feet of main floor commercial space, as well as approximately
7,995 square feet of basement commercial space, all located in the Iowa City Public Library
Building, for ICAD's use; and
Whereas, the original term of the Lease ran from March 1, 2016 through February 29,
2020, with a stated opportunity for the parties to negotiate a second four-year term under the
same terms and conditions, save the amount of rent; and
Whereas, ICAD would like to extend the Lease by that four-year term, and has
negotiated with staff a rental amount of $2,000 per month; and
Whereas, it is in the best interests of the City to approve said Lease Amendment #1.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The attached Lease Amendment #1 to the Lease Agreement with the Iowa City Area
Development Group is approved by the City Council.
2. The City Manager is authorized and directed to execute the Lease Amendment #1 attached
hereto.
Passed and approved this 17th day of December , 2019
Attest: IA,
City Clerk �\\
Appro ed by:
City Attorney's Office
Mayor
Z
Resolution No. 19-300
Page 2
It was moved by Salih and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Nays:
Absent:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
Lease Amendment #1
Between the City of Iowa City and
the Iowa City Area Development Group, Inc.
This Lease Agreement Amendment #1 ("Amendment #1") is made by and between the City of Iowa
City ("City" or "Landlord") and the Iowa City Area Development Group, Inc. ("ICAD" or'Tenant") in Iowa
City, Iowa.
Recitals
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has
the authority to lease said premises.
B. The Iowa City Area Development Group, Inc., pursuant to a Lease Agreement ("Lease")
approved by the Iowa City Council in Resolution number 15-394 on December 15, 2016, has been using
the space for office purposes, as well as to collaborate with the University of Iowa in mentoring and
fostering entrepreneurial efforts.
C. Pursuant to the terms of said Lease, the parties have negotiated a second four-year term, to
run from March 1, 2020 through February 29, 2024, with rent payable monthly in the amount of
$2,000.00, with all other terms and conditions to remain the same.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Landlord and Tenant hereby agree as follows:
Agreement
1. Term. The term ("Term") of this Amendment #1 shall be from March 1, 2020 through
February 29, 2024.
2. Rent. Tenant agrees to pay to Landlord as rental for said Term, as follows: $2,000.00 per
month, in advance, the first rent payment becoming due upon the 1st day of March, 2020, and the same
amount, per month, in advance, on the 1st day of each month thereafter up to and including the 15' day of
February, 2024. All sums shall be paid at the address of Landlord, as above designated, or at such other
place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing.
3. All other Lease terms remain. All other terms and conditions of the Lease remain in full
effect.
In Witness Whereof, the parties hereto have executed this Instrument to be effective as of the
day and year first above written.
Landlord:
City of Iowa City
Ge Fruin, City Manager
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Tenant:
Iowa City Area Development Group, Inc.,
Mark Nolte, President
On this day of j Cf lw UL� , 2019, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Geoff Fruin, to me personally known, who being by
me duly sworn, did say that he is the City Manager of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council;
and that the City Manager acknowledged that the execution of said instrument is his voluntary act and
deed and that he is empowered to bind said corporation.
y KATHLEEN M THOmbar 76 003 l&w�
•'"µ Commission Number 7ti40D3
My Co fission Expires Notary Public in and for the State of Iowa
J
IOWA CITY AREA DEVELOPMENT GROUP, INC.
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this � day of 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Mark Nolte, to me personally known, who being by
me duly sworn, did identify himself as President of thewa City Area Development Group, Inc., and
acknowledge the execution of the instrument to be his v un act c I and that of the Iowa
City Area Development Group, Inc. � 7/
Notary
Appro
!:
City Attorney
2
in and for the State of Iowa
E
TCH BRINKLEY
rial Seal - Iowa
ion Number 79!700
on Expires Aug 12, 2022
Item Number: 6.h.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
December 17, 2019
Resolution amending the AFSCME pay plan by adding the position Storm
Water Specialist to grade 12.
Prepared By: Jason Havel, City Engineer
Reviewed By: Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $88,127 (step 1) to $101,681 (step 6) annually, based on current pay plan
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
As part of the FY20 budget, Council approved the addition of a position within Storm Water
Operations. This item formally adds a Storm Water Specialist position to the City's classification
and compensation plan for AFSCME employees to enable staff to proceed with the hiring
process for the new position.
Background /Analysis:
The adoption of the FY20 budget by City Council included the addition of a Storm Water
Technician position within Storm Water Operations. After evaluating the job description, and
comparing it to similar positions within other cities throughout the state, it was determined Storm
Water Specialist was a more appropriate title for the position.
This position did not previously exist within the City's classification and compensation plan for
AFSCME employees. The job description has been prepared by the Engineering Division,
reviewed by Human Resources, and evaluated for appropriate pay classification utilizing the City's
classification evaluation instrument. The Storm Water Specialist has been classified as an
AFSCME grade 12 position.
Staff recommends that City Council approve the resolution amending the AFSCME pay plan by
adding the position of Storm Water Specialist.
ATTACHMENTS:
Description
Resolution
Prepared by Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410
Resolution Number,
19-301
Resolution amending the AFSCME pay plan by adding the position
Storm Water Specialist to grade 12.
Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized
budgeted positions in the Engineering Division of the Public Works Department for Fiscal Year
2020 which included the newly created position of Storm Water Specialist; and
Whereas, Resolution No. 17-14 adopted by the City Council on January 2, 2017 established as
classification and compensation plan for AFSCME employees; and
Whereas, the duties, responsibilities and requirements of the Storm Water Specialist position
have been evaluated and grade 12 of the AFSCME pay plan has been determined to be the
appropriate classification;
Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The AFSCME pay plan be amended by addition of the position Storm Water Specialist to grade
12.
Passed and approved this 17th day of December 2019.
Ma or
prov y
Attest: 1' 9
Ci y Clerk City Attorney's Office
It was moved by salih and seconded by Tailor the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Cole
x
Mims
x
Salih
x
Taylor
x
Teague
x
Thomas
x
Throgmorton
Item Number: 61
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
December 17, 2019
Resolution amending the budgeted positions in the Development Services
Division of the Neighborhood and Development Services Department by
adding .5 FTE Associate Planner position to increase an existing Associate
Planner position from .5 FTE to 1.0 FTE.
Prepared By: Danielle Sitzman, Development Services Coordinator
Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director
Karen Jennings, Human Resources Administrator
Geoff Fruin, City Manager
Fiscal Impact: Increase in personnel costs of $53,883 annually
Recommendations: Staff: Approval
Commission: NA
Attachments: Resolution
Executive Summary:
The existing part-time Associate Planner position will be vacated at the beginning of the
year. After evaluating the needs of the organization, staff is recommending the position be made
into a full time position to allow for a wider pool of candidates meeting the needs of the Division
and to encourage a longer tenure. Therefore, staff seeks approval to add an additional .5 FTE to
the Development Services Associate Planner position.
Background /Analysis:
The existing part-time Associate Planner position currently serves as the primary staff liaison to
the Board of Adjustment and assists with special planning projects, research, and supports other
current planning caseload as time allows. This position will be vacated at the beginning of the year.
This is the second time this position has turned over in the last two years. In the past, it has been
difficult to find a qualified professional planner interested in only a part-time posting. Increasing
the staff level for an associate planner would allow Urban Planning staff to better balance long-
range and current planning tasks through the hiring of one Full Time planner. With the proposed
FTE increase, planning staff will better be able to meet expectations to accelerate their response
and capacity to special project requests such as climate action initiatives and provide more timely
research, reports, and proposed code amendments.
ATTACHMENTS:
Description
Resolution
2
Prepared by Danielle Sitzman, Development Services Coordinator, 410 E. Washington St.., Iowa City, IA 52240 (319) 356-5252
Resolution Number. 19-302
Resolution amending the budgeted positions in the Development Services Division of the
Neighborhood and Development Services Department by adding .5 FTE Associate
Planner position to increase an existing Associate Planner position from .5 FTE to 1.0
FTE.
Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized
budgeted positions in the Development Services Division of the Neighborhood and
Development Services Department for Fiscal Year 2020; and
Whereas, it was determined that the needs of the Division would be better served by a Full Time
Associate Planner position that can provide a variety of planning support.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The budgeted positions in the Development Services Division of the Neighborhood and
Development Services Department be amended by adding .5 FTE Associate Planner to
increase an existing Associate Planner position from .SFTE to 1.0 FTE.
Passed and approved this 17th day of December 12019
May6r
Attest:
ty Clerk
Appr�v d by
/a - la -Ig
City Attorneys Office
It was moved by Salih and seconded by Taylor the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Cole
X
Mims
X
Salih
X
Taylor
X
Teague
X
Thomas
X
Throgmorton
Item Number: 6.j.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
December 17, 2019
Resolution rescinding Resolution No. 17-198 and adopting updated
Personnel Policies.
Prepared By: Karen Jennings, Human Resources Administrator
Reviewed By: Geoff Fruin, City Manager
Ashley Monroe, Assistant City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission:
Attachments: Memo
Resolution
Personnel Policies
Executive Summary:
The City's Personnel Polices have recently been reviewed and updated. The revised Personnel
Policies are now being presented for adoption by the City Council.
Background /Analysis:
The City's Personnel Policies have been subject to a recent comprehensive review and update
process. Draft policy revisions have been shared with Department Directors, the City Attorney's
Office and City Manager's Office for feedback and further revision.
The Personnel Policies have been updated in their entirety and include the following key changes:
• Overall reorganization and update
• Workplace Violence Prevention Section updated and will replace existing standalone
program document.
• Firearms in the Workplace Policy added and will replace existing Administrative Regulation
on Firearms in the Workplace
• Employee Conduct and Ethical Standards of Behavior requirements added
• Appearance and grooming provision updated
• Scented products item added
• Whistleblower Policy and State Ombudsman Office policy added and will replace existing
Administrative Regulation
• Substance Abuse Policy Section added and will replace existing standalone policy
• License, Certification, and Insurability Requirements process for mandatory reporting of
driving violation for CDL employees updated
Staff recommends that City Council approve the Resolution rescinding the Personnel Policies
established by Resolution 17-198 and adopting the Personnel Policies as updated in November
2019.
ATTACHMENTS:
Description
Memo
Resolution
Personnel Policies
� r
®,.TO
CITY O F IOWA C1TY
MEMORANDUM
Date: November 25, 2019
To: City Council
From: Karen Jennings, Human Resources Administrator
Re: Revised Personnel Policies
As the City Attorney noted at your November 19, 2019 meeting, staff recommends removal of
Section 7.8 (Employee Response to Firearms) from the revised Personnel Policies. An updated
version of the Personnel Policies reflecting this change and resulting renumbering being
recommended for City Council adoption is attached.
The City Manager has forwarded the current and proposed versions of the Personnel Policies to
AFSCME and has offered to meet and discuss the changes if desired. As of the date of this
memo we have not received any feedback from AFSCME.
Prepared by: Karen Jennings, Human Resouroes Administrator, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5025
Resolution No. 19-303
Resolution rescinding Resolution No. 17-198 and adopting updated Personnel Policies
Whereas, Section 1-6-1 of the City Code provides that personnel procedures, rules, and
regulations for the employees of the City shall be established by resolution of the City Council
and
Whereas, Resolution No. 17-198, adopted by the City Council on June 20, 2017 established the
existing Personnel Policies; and
Whereas, the Personnel Policies have been reviewed by staff and updated with regard to best
practices and legislative updates, to streamline policy documents by incorporating other existing
standalone policies, and to better communicate organizational expectations.
Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that
1. The 2017 Personnel Policies established by Resolution No. 17-198 are hereby
rescinded.
2. The Personnel Policies attached to this resolution and by this reference made part
hereof are hereby established and adopted.
Passed and approved this 17th day of December / —,20 19
MayVr
Approv,el by
Attest: i
1,-
CiVCIerk WAttorni6e4 Office
It was moved by Salih
adopted, and upon roll call there were:
AYES:
N
X
X
X
X
X
X
and seconded by Taylor the Resolution be
�b1&91
ABSENT:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
('�
City of Iowa City
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Personnel Policies
Revised November 2019
Approved by Resolution of City Council: Resolution No. 19-303 on December 17, 2019.
This policy manual is not intended to create any contractual rights in
favor of you or the City of Iowa City. The City reserves the right, at
any time, to amend, delete, revise, or add to any provision in its sole
discretion.
Personnel Policies Rev. November 2019
TABLE OF CONTENTS
Section 1 Introduction.......................................................
Section 2 Administration...................................................
Section 3
Section 4
Equal Employment Opportunity
Labor Relations .........
Section 5 Civil Service Coverage
5.1 Rights and Benefits
5.2 Appeal Rights
.2
...................................2
Section 6 Harassment and Discrimination................................................................................3
6.1 Harassment
6.2 Sexual Harassment
6.3 Discrimination
6.4 Complaint Procedure
6.5 Confidentiality
6.6 Retaliation
6.7 Consequences of Harassment
6.8 Duty to Prevent and Report
Section 7 Workplace Violence Prevention.
7.1 Policy
7.2 Definition
7.3 Employee Responsibilities
7.4 Investigation and Follow -Up
7.5 Confidentiality and Retaliation
7.6 Post -incident Responses
7.7 Violent Situations Outside the Workplace
7.8 Workplace Security Suggestions and Recommendations
Section 8 Employee Relations and Conduct ......................................
8.1 Employee Conduct and Ethical Standards of Behavior
a. Impartiality
b. Use of Information
c. Use of City Resources
d. Gifts
e. Employment Conflicts
f. Political Activity
8.2 Discipline
8.3 Weapons
8.4 Appearance -Grooming
8.5 Scented products
8.6 Personal Activities
8.7 Supplemental Employment
8.8 Religious Holidays
8.9 Education
8.10 Medication/Work Restriction Notification
8.11 Breastfeeding Breaks
8.12 Criminal Convictions
................................7
Personnel Policies Rev. November 2019
Section 9 Whistleblower Policy & State Ombudsman's Office
9.1 Definition of Improper Governmental Action
9.2 Complaint Procedure
9.3 Retaliation Prohibited
9.4 State Ombudsman's Office
Section 10 Employee Assistance Program
Section 11 Substance Abuse Policy .......................................................
11.1 Policy
11.2 Purpose
11.3 Applicability
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
b. Misuse/Abuse of Legal Drugs
c. Alcohol
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
b. Alcohol Use
c. Treatment
d. Notifying the City of Criminal Drug Conviction
11.6 Proper Application of the Policy
11.7 Testing Procedures
a. Pre -Employment Drug Testing
b. Unfit for Duty/Impaired
c. Reasonable Suspicion Testing
d. Post -Accident Testing
e. Refuse to Test
11.8 Consequences for Policy Violations
a. Positive Test Results
b. Second Positive Test Results
c. Refusal Consequences
d. Follow -Up
e. Invalid Drug Tests
f. Violations
Section 12 License, Certification, and Insurability Requirements .......................
12.1 Maintaining a Valid License
12.2 CDL Notification Requirements
12.3 Insurability
Section 13 Personnel Transactions ............................................
13.1 Personnel Files
13.2. Medical Files
13.3 Public Information
13.4 Job Description
13.5 Position Classification
13.6 Fair Labor Standards Act (FLSA) Classification
13.7 Employment of Relatives
a. Management Conflict
b. Chain of Command Conflict
13.8 Termination of Employment
a. Resignation
b. Retirement
c. Benefits Termination
13
.............14
W
....20
.........................22
Personnel Policies Rev. November 2019
d. Exit Interviews
Section14 Safety ....................................................................................................................25
Personnel Policies Rev. November 2019
Section 1: Introduction
The purpose of this document is to set forth the policies by which personnel -related decisions,
made by either supervisor or employee, are to be guided and to express mutual expectations
for conduct in the workplace. The City's ability to manage and provide public services with
efficiency and effectiveness is dependent upon the capability and performance of its
employees. The City strives to provide a positive working environment which promotes and
supports diversity and inclusivity, professional development, open communication, and
sensitivity to employee needs.
Section 2: Administration
These policies generally cover all City employees. However, not all provisions may apply to
variable hour and seasonal staff. Iowa City Public Library employees are subject to Personnel
Policies as approved by the Library Board of Trustees.
These policies work to ensure decisions will be made consistently and in accordance with
overall City goals regarding employee relations. Questions of policy interpretation should be
addressed to Human Resources. The City Manager or their designee shall be responsible for
final interpretation and application of these policies. The principles expressed herein will be
used as a guide regarding issues not specifically addressed in these policies.
This document should be read in conjunction with negotiated labor contracts, administrative
regulations, and operating policies and procedures published by Human Resources and other
City departments.
Upon initial appointment to a budgeted position, all employees of the City shall be furnished a
copy of these policies. Any substantive changes or amendments shall be posted to the City's
website. Employees will be notified that updated policies are available online and hardcopies
will be provided upon request.
Section 3: Equal Employment Opportunity
It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and
to afford equal employment opportunities for all employees or applicants without regard to race,
creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital
status, mental or physical disability, genetic information, veteran status, or other class/category
protected by federal, state, or local law, except where age, sex, or physical ability constitute a
bona fide occupational qualification necessary for job performance. This extends to all areas
of personnel administration including but not limited to recruitment, employment, promotion,
transfer, training, working conditions, wages, benefits, and application of personnel policies,
and shall be consistent with all protections afforded by applicable federal, state and local law.
No personnel decision, action, term, condition or privilege of employment shall be unlawfully
influenced in any manner by consideration of an individual's membership in a protected class.
It is the goal of the City of Iowa City to ensure equitable and non-discriminatory treatment of all
applicants and employees, to remove barriers to employment for underrepresented populations
and to achieve a diverse and inclusive work force that reflects the diversity within our
Personnel Policies Page 1. Rev. November 2019
community.
The City of Iowa City shall also encourage or require equal employment opportunity efforts from
vendors, contractors, consultants, and firms with which the City does business.
The City will use recruitment and selection practices that support this policy by displaying
required equal employment opportunity posters in areas visible to employees and by identifying
the City as an Equal Opportunity Employer on its job advertisements, postings, self-service
employment opportunities site and online application form, website, and other recruitment
sources. The City will make efforts to inform individuals from historically disadvantaged
populations of both employment opportunities and the City's hiring process through targeted
distribution of job postings, general recruitment and hiring information and events such as job
fairs. The City will also periodically review its outreach efforts and recruitment, hiring, and
selection procedures, adjusting as appropriate to ensure best practices to promote diversity
and reduce implicit bias are being implemented and used as appropriate and feasible. City
personnel who have responsibility for selection and hiring shall be trained in and held
responsible for using legal interviewing and selection techniques and criteria.
Section 4: Labor Relations
The City recognizes its duty to bargain collectively with employee organizations certified by the
Public Employment Relations Board, as provided by state law. Pursuant to this requirement,
the duties, obligations, and rights of the City and each certified employee organization are set
forth in the collective bargaining agreements mutually entered into by the City and the employee
organization. Please refer to the appropriate collective bargaining agreement for specific
details.
Section 5: Civil Service Coverage
The rules and regulations as set forth in Chapter 400 of the Code of Iowa shall apply to all
permanent positions within the employment of the City of Iowa City with the exception of the
positions of:
City Manager, Assistant City Manager, the Directors of Finance, Public Works, Neighborhood
and Development Services, Parks and Recreation, Transportation Services, and the
Directors of any other city department as may be created; Police Chief*, Fire Chief`; Human
Resources Administrator; City Attorney; Assistant City Attorneys; Human Rights
Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Division Heads; Assistants to
the City Manager; Secretaries to the Department Directors; employees of the Library Board
or Airport Commission; and any other positions specifically excluded by the Code of Iowa.
*The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil
Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13
and 400.14.
5.1 Rights and Benefits
Applicants for entry level or promotional civil service positions will be tested through impartial
Personnel Policies Page 2 Rev. November 2019
examinations which fairly test each applicant's ability to perform in the position. Examinations
may consist of review of application materials, oral interviews, and/or written, practical, or
physical agility examinations as are appropriate to the position.
5.2 Appeal Rights
Following completion of probation, an employee covered by Civil Service who is removed,
discharged, demoted, or suspended may appeal the disciplinary action to the Civil Service
Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals
must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the
removal, discharge, demotion, or suspension.
Section 6: Harassment and Discrimination
The City of Iowa City is committed to providing a work environment in which people are treated
with dignity, decency, and respect, and which is free of harassment and unlawful discrimination.
6.1 Harassment
Harassment may take many forms, including behaviors that are overt or subtle. Harassment
may occur between or among members of the same or opposite sex or gender identity,
employees and the public, contractors or vendors, co-workers, or subordinates and
supervisors. Harassing behavior of any nature can have the effect of creating a hostile or
offensive work environment and is prohibited. This can include conduct occurring outside of the
workplace which has an impact on the work environment
For the purposes of this policy, harassment is any verbal or physical conduct that threatens,
intimidates, demeans, humiliates, or coerces an employee or any person working for or on
behalf of the City. Verbal taunting that impairs an individual's ability to perform their job is
included in the definition of harassment.
Harassment may take the form of, but is not limited to:
• Comments that are offensive or unwelcome regarding a person's race, creed, color,
sex, national origin, religion, age, sexual orientation, gender identity, marital status,
mental or physical disability, genetic information, veteran status, or other class/category
protected by federal, state, or local law, body, or appearance including epithets, slurs,
and negative stereotyping.
Abusive and offensive language, insults, teasing, name-calling, spreading rumor and
innuendo, unreasonable criticism, isolating people from normal work interaction,
excessive demands, and practical jokes.
6.2 Sexual Harassment
Sexual harassment is defined as unwelcome conduct that affects terms or conditions of
employment or creates an intimidating, hostile, or offensive work environments. Such
harassment is prohibited for all employees, regardless of status, including supervisors,
subordinates, administrators, and co-workers. No employee, regardless of gender identity,
should be subjected to such conduct. Sexual harassment may also occur between same
Personnel Policies Page 3 Rev. November 2019
sex employees.
Sexual harassment may take the form of, but is not limited to the following and may include
more subtle actions:
a. Deliberate or repeated unsolicited verbal comments, questions, representations, or
physical conduct of a sexual nature that is unwelcome to the recipient.
b. Making or threatening to make decisions affecting an employee's job on the basis of
the acceptance or refusal of a request for sexual intimacy.
c. Unwelcome sexually explicit, lewd, threatening or vulgar language, sexual jokes,
innuendo, or propositions; suggestive comments; lewd gestures; requests for any
type of sexual behavior (including repeated, unwelcome requests for dates); and
verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment,
including that which is sexual in nature.
d. Distribution, display or discussion or any written, electronic or graphic material,
including calendars, posters, cartoons, that are sexually suggestive or show
hostility toward an individual or group because of sex, suggestive or insulting
sounds; leering, staring; whistling; content in letters and notes, facsimiles, e-mails,
photos, text messages, Internet/social media postings; or other form of
communication that is sexual in nature and offensive.
e. Unwelcome, unwanted physical contact including touching, tickling, pinching
patting, brushing up against, hugging, cornering, kissing and fondling and forced
sexual intercourse or assault.
6.3 Discrimination
It is a violation of City policy to discriminate in the provision of employment opportunities,
benefits or privileges; to create discriminatory work conditions; or to use evaluative
standards that discriminate, in whole or in part, based on a person's race, creed, color, sex,
national origin, religion, age, sexual orientation, gender identity, marital status, mental or
physical disability, genetic information, veteran status, or other class/category protected by
federal, state, or local law. Discrimination of this kind may also be prohibited by federal, state,
or local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1975, and the Americans with Disabilities Act of 1990. This policy is
intended to comply with these laws.
6.4 Complaint Procedure
The City will thoroughly pursue and investigate complaints of harassment, discrimination, or
denial of civil rights and appropriate action will be taken. Conduct which may be in violation
this policy should be reported to the Human Resources Administrator, a department supervisor,
or the City Attorney's office. Human Resources, the City Attorney's office, and/or other
administrative staff as appropriate will investigate, including interviews of complainant,
respondent, and witnesses as necessary. If an investigation determines that an employee has
violated this policy, appropriate discipline will be issued.
Personnel Policies Page 4 Rev. November 2019
6.5 Confidentialit
Throughout the complaint process, the confidentiality of the information received, the privacy
of the individuals involved, and the wishes of the complaining person will be protected to the
extent possible, while allowing the City to meet its obligation to investigate such complaints.
The expressed wishes of the complaining person for confidentiality will be considered in the
context of the City's legal obligation to act on the complaint and the right of the respondent to
obtain information.
6.6 Retaliation
Retaliation against any person for filing or responding to a complaint either formally or
informally, for participating in the complaint and investigation process, or for participating as a
witness in an investigation is prohibited and will be considered a violation of this policy.
Employees who believe they are being retaliated against in violation of this policy should follow
the reporting process outlined in Section 6.4. The City will thoroughly investigate claims of
retaliation. Any person who is found to have engaged in retaliation in violation of this policy will
be subject to disciplinary action up to and including termination of employment.
6.7 Consequences of Harassment or Discrimination
Harassment and discrimination is unacceptable conduct in any form, and can be the basis for
a discrimination claim against the City and/or an individual employee. It is the City's position
that every employee has the right to work in an environment free of any type of harassment or
discrimination. Consequently, any employee who engages in prohibited conduct will be subject
to disciplinary action, up to and including termination of employment.
6.8 Duty to Prevent and Report
All employees have an affirmative duty to prevent harassment and discrimination in the
workplace by supporting an environment that discourages harassment or discrimination of any
kind and which promotes and supports diversity and inclusivity in the workplace and
community. This includes reporting any conduct that may constitute harassment,
discrimination, or denial of civil rights to a department supervisor, the Human Resources
Administrator or the City Attorney's Office. Supervisors are required to forward all reports to
Human Resources or the City Attorney's Office to ensure appropriate follow-up and
investigation.
Section 7: Workplace Violence Prevention
7.1 Policy
Providing a safe and healthy work environment is essential to the City of Iowa City. Violence or
the threat of violence by or against any City employee, or any other person, is prohibited. All
reports of violence will be promptly investigated and appropriate action will be taken.
7.2 Definition
The City defines workplace violence as any act of physical, verbal, written, or electronic
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aggression affecting the workplace. This includes the destruction or abuse of property and any
visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is
intended to intimidate or create fear, or has the purpose of unreasonably interfering with an
individual's reasonable expectation of a safe, non -hostile, or respectful work environment,
whether made in person, by telephone, mail, written or electronic communications, or other
means, including conduct that occurs outside of the workplace or during non -working hours.
7.3 Emolovee Responsibilities
All employees are required to refrain from any conduct that violates this policy, to promptly
report to the Human Resources Administrator, a department supervisor, or the City Attorney's
Office any incidents or threats of workplace violence, and to cooperate with any investigation
of workplace violence. Employees are also expected to report any situation or threats of
violence which may follow them into the workplace or otherwise impact other City employees.
Supervisors, with assistance from Human Resources, are responsible for ensuring proper
response, investigation and follow up on any reported or observed incidents of workplace
violence. Violence, the threat of violence or any other conduct that would fall under this policy
must be reported to Human Resources as soon as the reporting party becomes aware of it.
7.4 Investigation and Follow -Up
Any reported or alleged violation of this policy will be promptly investigated by the appropriate
management staff, Human Resources, and/or the City Attorney's Office. Violations of this policy
may result in disciplinary action up to and including termination of employment and/or a report
to law enforcement.
7.5 Confidentialitv and Retaliation
To the greatest extent possible, anonymity will be maintained during the investigation.
However, anonymity will be maintained at the discretion of those investigating and resolving
the complaint only to the degree that it does not compromise the investigation. There is no right
to or guarantee of anonymity.
Any employee who acts in good faith by reporting real, threatened, or implied violent behavior
will not be subjected to any form of retaliation or harassment. Any retaliatory behavior resulting
from a report of violence must be reported to the Human Resources Administrator or City
Attorney's Office for investigation and appropriate action.
7.6 Post -incident Response
Injured staff will receive prompt medical treatment and appropriate post -incident counsel.
Human Resources will assist the supervisor with coordination of appropriate post -incident
response which may include a critical incident debriefing session and/or counseling through the
Employee Assistance Program.
7.7 Violent Situations Outside the Workplace
In order to fulfill its obligation to protect employees from violence, the City requires that an
employee apprise their supervisor or Human Resources of any situation involving violence or
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the threat of violence that may cavy over into the workplace such as a restraining order issued
for the protection of the employee, harassing or threatening phone calls, email or other
electronic messages, being or suspicion of being stalked, and any other circumstance the
employee perceives as threatening to the health and safety of the employee or others in the
workplace.
7.8 Workplace Security Suggestions and Recommendations
Employees are strongly encouraged to offer recommendations for improving safety within work
sites throughout the City. These suggestions may be made directly to supervisors, Human
Resources, or Risk Management.
Section 8: Employee Relations and Conduct
The work of every employee is important. Employee performance and conduct have an effect
on an employee's success with the City and the work environment, as well as effecting the
quality of service to the Iowa City community. Employees have a right to expect fair treatment
and fair compensation from the City. In return, employees are expected to work diligently
toward providing high levels of public service and conducting themselves in a manner that
positively contributes to a respectful and productive work environment.
8.1 Employee Conduct and Ethical Standards of Behavior
City employees are expected to conduct themselves in a courteous, respectful, responsive
manner and in a manner which demonstrates high ethical standards, professionalism, and
inspires public trust. All City employees are required to:
• Refrain from engaging in conduct which could violate federal, state or local laws
and/or reflect unfavorably upon the City or their department.
• Refrain from engaging in conduct which represents or could reasonably be
interpreted to represent a conflict of interest.
• Put forth honest effort in the performance of their duties
• Carry -out and support the established policies of the City in the performance of
their job duties, regardless of their personal opinions of said policies.
• Decline any extraneous fee or gratuity for work performed on behalf of the City.
• Refrain from granting or making available to any person, any consideration,
treatment, advantage or favor beyond that which is granted or made available to
the public.
• Immediately report to their supervisor any outside interests that maybe affected
by City of Iowa City plans or activities or result in a conflict of interest or the
appearance of such conflict.
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a. Impartiality
Employees must:
Avoid any action which might result in or create the impression of using public
office, employment with the City for private gain, giving preferential treatment to
any person or entity, or losing impartiality in conducting City business.
Refrain from securing privileges or exemptions for themselves or others beyond
that which would be available to the public at large.
b. Use of Information
Employees may not use confidential information for their own financial advantage or to
provide others with financial advantages or information which could be used for financial
advantage. Each employee is charged with the responsibility for ensuring that they release
or provide only information that should be or already is available to the public at large.
c. Use of City Resources
Employees may not use or permit the use of any publicly owned resource (property, vehicle,
equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal
convenience or advantage of the employee or any other person other than what is generally
available to the public. No City -owned property may be removed from the workplace except
for the purpose of conducting City business. Use of City facilities, supplies, equipment, or
worktime for supplemental employment is prohibited.
d. Gifts
State law (Iowa Code section 686.22, as amended) restricts gifts that can be received by
public employees or their families. As the law states, "the acceptance of personal benefits
from those who could gain advantage by influencing official actions raises suspicions that
tend to undermine the public trust" Compliance with the law, for the reasons identified
therein, is of crucial importance to the City.
There are exceptions to the restrictions, including accepting nonmonetary items with a value
of three dollars ($3.00) or less, or accepting items made available free of charge to
members of the general public without regard to their employment. However, before
accepting any other gift, employees should consult with the City Attorney's Office for
confirmation of an available exception.
e. Employment Conflicts
City employees may not work for an outside employer whose interests might conflict with
those of the City. City employees may not use their jobs with the City to further their interest
in any supplemental job. City employees may not work for, or directly invest in, businesses
with whom they must deal in the course of their employment with the City.
f. Political Activity
City of Iowa City employees are free to exercise all rights of citizenship. However, in order
to obey federal and state laws, and to ensure that the City will operate effectively and fairly,
some guidelines are necessary. Therefore, the following restrictions have been
established:
(1) An employee shall not, while performing official duties or while using City equipment at
the employee's disposal by reason of their position, solicit contributions for any political
party or candidate, or engage in any political activity, including distribution of political
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messaging or materials. Employees shall also refrain from wearing hats, buttons, or
other items with political messaging while working, unless otherwise permitted under
Chapter 20 of the Iowa Code.
(2) An employee shall not attempt to influence the vote or political action of another by
advocating for an appointment, increase in pay, or other business or employment
advantage for that person with the City.
(3) An employee who supervises employees shall not directly or indirectly solicit the
persons supervised to contribute money, anything of value, or service to a candidate, a
political party, or a political committee.
(4) An employee who becomes a candidate for public office may request a leave of absence
without pay. An employee who is a candidate for any elective office shall not campaign
while on duty as an employee.
8.2 Discipline
The responsibility of the City to appropriately manage its operations may occasionally require
it to take disciplinary action against employees. The objective of disciplinary action is to correct
behavior that violates City policies, expectations or is otherwise inappropriate, and maintain
efficient City operations. Failure of the employee, after notice, to modify behavior may result in
further disciplinary action up to and including termination of employment. Furthermore, serious
infractions may result in disciplinary action up to and including termination of employment
without prior notice. Each case will be considered on its merits with due consideration as to the
nature of the offense, the cause, the background, and the attitude of the employee.
Employees in bargaining units should refer to the appropriate collective bargaining agreement
for further clarification.
Causes for Discipline:
It is not possible to list all forms of employee conduct that are considered unacceptable and
impact the workplace. The following list is illustrative of, but does not include all, types of
behavior or conduct for which disciplinary action may be taken.
a. Insubordination including disobedience, disrespect, failure to perform work assignments
or duties, or failure to accept direction from authorized personnel. Deliberately attempting
to undermine morale.
b. Theft of city property, money, or services or acting in a careless or negligent manner with
City money, property, or vehicles. Theft of personal property during the performance of
duty or on City property.
C. Violation of City policies including but not limited to Personnel Policies, Administrative
Regulations, the City of Iowa City's Substance Abuse Policy, and/or the City's Drug and
Alcohol Policy; violation of departmental rules, or any other rules, policies, or regulations
issued by the City.
d. Abusive or discourteous treatment during the performance of duty to any member of the
public, fellow employee or city official, including harassment on the basis of race, creed,
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color, sex, national origin, religion, age, sexual orientation, gender identity, marital status,
mental or physical disability, or genetic information; or any behavior, including behavior
occurring outside the workplace, which has the effect of producing a hostile work
environment.
e. Tardiness, failure to report to work, or failure to maintain a satisfactory attendance record;
failure to inform the appropriate person of the inability to report to work or the need to
leave work for any reason.
f. Working (straight time or overtime) without proper authorization. Failure to accurately and
timely report hours worked. Intentional abuse of the City's time keeping system, including
unauthorized punching in/out of another employee.
g. Failure to satisfactorily and consistently perform the duties of the employee's position;
incompetency, inefficiency, or negligence in the performance of assigned duties; loafing,
loitering, or engaging in unauthorized personal business during work hours; excessive
use of personal mobile devices.
h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for
the performance of job duties or failure to report any change or loss of said qualifications,
certifications or licenses.
L Unauthorized dissemination of non-public information acquired during the performance of
duties for the City.
j. Breach of confidentiality.
k. Violations of the Federal Drug Free Workplace Act or other state or federal regulations.
Lying or providing false or inaccurate information, either verbally or in writing; falsification,
alteration, deletion of required information, or failure to include material information on any
application or City record.
M. Cheating on an employment-related exam.
n. Inappropriate use of telephone lines, long-distance service, FAX/photocopy services,
computer or internet usage, cell phones, mobile or electronic devices or other City -owned
property.
o. Operating City equipment or vehicles without proper license or permit, failure to maintain
any required license or permit, or failure to notify the City of loss of any such license or
permit.
p. Failure to make payment in a timely manner for any employment related charges including
costs for retum-to-duty or follow-up drug tests.
q. Illegal activities and/or conviction of a crime that is closely or directly related to the ability
of employees to perform their job effectively or is otherwise job related, or failure of
employees in positions subject to criminal background checks to provide timely
notification of a criminal conviction to Human Resources.
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r. Disregard for safety policies and procedures, including improper use of safety gear,
clothing, or equipment; failure to report a workplace injury or illness to supervisory
personnel in a timely manner.
S. Preventable accidents; conduct resulting in damage to City equipment or property or the
injury of others. Willful destruction of property of the City or any employee.
t. Failure to provide required notification of over-the-counter or prescription medication that
may impact ability to drive or operate heavy equipment (when driving or equipment
operation is a required duty of the position); failure to provide copies of any work
restrictions applicable to the required duties of the employee's position; failure to comply
with work restrictions.
U. Activity which involves conflict of interest or use of city employment for personal gain.
V. Conduct which negatively impacts the City's ability to effectively conduct its operations;
disruptive behavior; sleeping or giving the appearance of sleeping during working hours;
engaging in horseplay, roughhousing, or disorderly behavior during work hours or while
on work premises.
8.3 Weapons
No employee of the City of Iowa City shall carry a weapon while on duty. Weapons include but
are not limited to firearms, knives, explosives, and tasers or other similar electronic
immobilizers. Weapons are not allowed on City property or in an employee's vehicle when
parked on City property. Issuance of a weapons permit does not exempt an employee from
these provisions. However, sworn officers of the Iowa City Police Department and the Fire
Marshal are exempt from this restriction.
8.4 Appearance -Grooming
Employees are expected to maintain a level of personal appearance and grooming that is
considerate of other employees, and projects an image that inspires the confidence of the
community and others with whom the employee must associate in the course of work.
(1) For employees in the field during hot summer weather, dress shorts and a T-shirt
appropriate for the workplace are acceptable attire, unless safety concerns require long
pants for protection. For employees working in air-conditioned buildings, shorts are not
allowed. All employees are expected to wear clothing appropriate fora business office
and public contact.
(2) Employees provided uniforms are required to wear the uniform provided.
(3) Dress down or casual day, generally observed on Friday unless otherwise designated
by the City Manager, is an opportunity for employees to deviate from more formal attire
for the day. Employees must dress appropriately for an office environment, even when
casually dressed.
(4) Employees should refrain from wearing clothing which depicts images or text that are
not appropriate when acting as a representative of the City such as images of guns,
political messaging, vulgar language, etc.
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Employees are required to adhere to health, safety, and sanitation standards while at work.
8.5 Scented products
The City aims to be sensitive to individuals with perfume and chemical sensitivities. Employees
should minimize use of scented personal products including but not limited to cologne, after-
shave, perfume, deodorant, lotions, hair products, air fresheners, room deodorizers or similar
products.
8.6 Personal Activities
Conducting personal or non -work related activities is discouraged during work hours, except in
emergencies and with the approval of the supervisor. Personal business should be conducted
during designated break times or during unpaid lunch breaks. When possible, personal phone
calls should be made from a phone away from areas used by the public to conduct business
and away from other employees who may be distracted by such personal calls.
8.7 Supplemental Employment
Supplemental employment outside the employee's assigned City working hours must in no way
interfere or conflict with the satisfactory performance of an employee's City duties. Supplemen-
tal employment that either creates or gives the appearance of a conflict of interest is prohibited.
No employee is to conduct any supplemental employment during their scheduled working hours
unless they are using pre -approved leave. Supplemental employment is not encouraged.
If an employee is unable to perform theirjob for the City due to injury or illness, work for another
employer during what would be the employee's City work hours is expressly prohibited. A
waiver of this provision may be given if the employee presents sufficient evidence to Human
Resources from their physician that the employee's medical condition would preclude fulfillment
of the employee's duties with the City, but that the nature of the condition would permit work at
alternative outside employment. Failure to comply with this policy will result in disciplinary action
up to and including termination of employment.
8.8 Religious Holidays
Every reasonable effort will be made to accommodate employee requests for release from work
to participate in bona fide religious holidays or services. Once approved, personal leave,
accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may
be used to cover such absences.
8.9 Education
Advance approval from the City Manager is necessary for an employee to attend or engage in
any educational program during normal working hours, other than that which may be provided
or directed by the City. Consideration of such requests will be based upon the direct benefit to
the City, and a demonstrated ability of employees to effectively carry out the responsibilities of
their positions. Employees are encouraged to schedule educational programs outside of
regular hours, whenever possible.
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8.10 MedicationMork Restriction Notification
Employees who are required to drive vehicles or operate heavy machinery are required to
inform their supervisor when taking over-the-counter or prescribed medication which carries a
warning label indicating that the medication may impact the ability to perform those duties
safely.
Employees who are issued work restrictions by a health care provider, including for conditions
which are not work-related, must provide a copy of those restrictions to their immediate
supervisor. Employees with questions about whether a physical restriction is considered a
work restriction should discuss the restriction with Human Resources before providing the
information to the employee's supervisor.
Failure to comply with these requirements will be grounds for discipline up to and including
termination of employment.
8.11 Breastfeeding Breaks
The City will provide reasonable break time for nursing mothers to express breast milk for a
nursing child for one year after the child's birth each time such employee has need to express
the milk. In addition, the City will provide a private space, other than a bathroom, which may
be used by the employee to express milk. If assistance is needed in coordinating the use of
private space, employees may contact Human Resources.
8.12 Criminal Convictions
Employees in positions which are subject to criminal background checks under the City's
administrative regulation on Criminal Background Checks in Hiring, as noted in the job
description, are required to notify Human Resources within ten business days of being
convicted of a crime other than a simple misdemeanor traffic offense. Human Resources will
conduct an individualized assessment to determine the impact a conviction may have on an
employee's ability to continue in their current role and will consult with appropriate supervisory
staff and the City Attorney's Office as necessary. Employees in a position designated as
sensitive under the Criminal Background Checks in Hiring policy who are convicted of a crime
which would have precluded them from being hired into the position, may likewise be
determined to no longer meet the requirements of the position and may be subject to
termination of employment or other discipline.
Section 9: Whistleblower Policy & State Ombudsman's Office
It is the policy of the City that all employees are encouraged to report information or conduct the
employee reasonably believes to be improper governmental actions by any City official or
employee, to the extent such a report is not expressly prohibited by law. The City prohibits
reprisal or retaliation against any employee who in good faith makes such a report.
9.1 Definition of Improper Governmental Action
Any action by any employee or official that:
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• Is undertaken in the performance of their duties, whether or not the action is within the
scope of the employee's or official's employment; and
• Is in violation of any federal, state or local law or rule;
• Is mismanagement;
• Is an abuse of authority;
• Is of substantial and specific danger to the public health or safety; or
• Is a gross abuse of public funds.
9.2 Complaint Procedure
The City will thoroughly investigate complaints of improper governmental action. Employees
should promptly report information or conduct they reasonably believe constitutes improper
government action to their supervisor, the City's Human Resources Administrator, or the City
Attorney's Office. Supervisors receiving reports of potential improper governmental action are
required to promptly notify the Human Resources Administrator or City Attorney's Office of the
report to ensure appropriate investigation, documentation and follow-up takes place.
9.3 Retaliation Prohibited
The City may not retaliate against an employee who makes a good -faith report of conduct the
employee reasonably believes to be improper governmental action, including an internal
report as outlined above or the disclosure of information the employee believes constitutes
improper governmental action to a member or employee of the general assembly, an official
of or person providing human resources management for that political subdivision or any
other public official or law enforcement agency.
9.4 State Ombudsman's Office
In addition to the reporting procedure described above, employees may contact the State
Ombudsman with reports of improper governmental action. Pursuant to the Iowa Ombudsman
Act, Iowa Code Chapter 2C, the State Ombudsman's Office has authority to investigate
complaints about improper action or inaction taken by governmental entities. The State
Ombudsman's Office is a non-partisan agency and may be reached at 1-888-426-6283.
Section 10: Employee Assistance Program
The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees
and their family members with a variety of challenges including marital, family or financial
difficulties, physical, emotional or personal problems, and substance or alcohol use. It is
available as a confidential service for information, short-term counseling, and referral to other
community resources. While the program is in no way meant to interfere with the private life of
the employee, employees are encouraged to contact the EAP to discuss a personal problem
before it affects their work performance. Any voluntary involvement with the EAP will be strictly
confidential and not reported to the City. Employees may contact the EAP by calling 319-
351-9072. In the event work performance is affected, a mandatory referral may be made by
an employee's supervisor. When a mandatory referral is made, the employee is required to be
Personnel Policies Page 14 Rev. November 2019
seen by an EAP Counselor who may report the employee's attendance, ability to work, and
completion of any recommended follow-up treatment to the City. The City is not provided a
diagnosis and all discussions between the employee and counselor remains confidential.
Substance Abuse
All City employees are eligible for and encouraged to seek treatment and rehabilitation for
alcoholism, problem drinking, or substance abuse through the City's Employee Assistance
Program, or other available community resources. Alcoholism or drug addiction as conditions
are not causes for discipline. However, if they impact job performance, including attendance,
work performance, ability to carry out required duties, inter -personal or public relations, etc.,
disciplinary action may be taken. Nothing in this section relieves employees of responsibility
for their own conduct on the job.
Section 11: Substance Abuse Policy
11.1 Policy
The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our
citizens. City of Iowa City employees are our most valuable resource and it is our goal to
provide a healthy, satisfying working environment. In meeting these goals, it is our policy to (1)
assure that employees are not impaired in their ability to perform assigned duties in a safe,
productive, and healthy manner; (2) create a workplace environment free from the adverse
effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substances; and (4) to encourage employees to
seek professional assistance any time personal problems, including alcohol or drug
dependency, adversely affect their ability to perform their assigned duties.
11.2 Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our employees and
the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited
drugs while balancing respect for individual privacy. This policy is also intended to comply with
all applicable Federal regulations governing workplace anti-drug and alcohol programs,
including the federal Drug Free Workplace Act of 1988.
11.3 Applicability
This policy applies to all City employees, as well as contractors or volunteers; when they are
on City property or when performing any City -related business. This policy also applies to off-
site lunch periods or breaks when an employee is scheduled to return to work. Compliance with
the terms and requirements of this policy is a condition of employment for all employees.
Nothing herein relieves employees also subject to the City of Iowa City Drug and Alcohol Policy
of their responsibilities under that Policy.
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11
through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates,
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phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the
U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally
obtained prescription drugs.
b. Misuse/Abuse of Legal Drugs
The appropriate use of legally prescribed drugs and over-the-counter medications is not
prohibited. However, the use of any substance which carries a warning label that indicates
that mental functioning, motor skills, or judgment may be adversely affected must be
reported to supervisory personnel and medical advice should be sought by the employee,
as appropriate, before performing work-related duties.
A legally prescribed drug means that individual has a prescription or other written approval
from a physician for the use of a drug in the course of medical treatment. Legally prescribed
drugs must be carried in their original container with a label which includes the patient's
name, the name of the substance, quantity/amount to be taken, and the period of
authorization. The misuse or abuse of legal drugs while performing City business is
prohibited.
The City reserves the right to take appropriate action (including relieving the employee from
work) if the use of a prescribed or over-the-counter medication is impairing or is deemed
likely to impair the employee's faculties or work performance.
c. Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing
containers of alcoholic beverages with a broken seal while on City premises or on duty.
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of prohibited substances while working, on
City premises, in City vehicles, in uniform, or while on City business, or from reporting
to work following use of a prohibited substance. Employees who violate this provision
will be subject to disciplinary action up to and including termination of employment. Law
enforcement shall be notified, as appropriate, where criminal activity is suspected.
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No employee shall report for duty or remain on duty when their ability to perform
assigned duties is impaired by alcohol. No employee shall use alcohol while on duty,
or during the hours that they are on call. City employees are prohibited from consuming
alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited
and subject to disciplinary action up to and including termination of employment.
c. Treatment
The City recognizes that drug and alcohol dependency is an illness and a major health
problem. The City also recognizes drug and alcohol abuse as a potential health, safety
and security problem. All employees are encouraged to use the Employee Assistance
Program (EAP) for treatment of drug or alcohol misuse and/or illegal drug use problems.
Under certain circumstances, employees may be required to undergo treatment for
substance abuse or alcohol misuse. Any employee who refuses or fails to comply with
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City requirements for treatment, after care, or return to duty shall be subject to
disciplinary action, up to and including termination of employment. Employees will be
allowed to use accumulated sick leave and other accruals as appropriate to participate
in a prescribed rehabilitation program.
The EAP provides a constructive way for employees to deal with alcohol or drug-related
problems before they interfere with continued employment. However, an employee
must continue to comply with City policies, meet attendance, job performance, and safe
and sober behavior standards while seeking assistance from EAP or another treatment
provider.
d. Notifying the City of Criminal Drug Conviction
The Drug Free Workplace Act of 1988 mandates that employees are required to notify
the City of any criminal drug statute conviction for a violation occurring in the workplace
or off City premises while conducting City business within five days after such
conviction. The City will take appropriate disciplinary action and/or require the employee
to participate in a rehabilitation program within 30 days of receiving notice of any
conviction under a criminal drug statute. Failure to comply with this provision shall result
in disciplinary action, up to and including termination of employment.
11.6 Proper Application of the Pollcv
The City of Iowa City is dedicated to assuring fair and equitable application of this substance
abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased
and impartial manner. Any supervisor who knowingly disregards the requirements of this
policy, or is found to have deliberately misused the policy in regard to subordinates, shall be
subject to disciplinary action, up to and including termination of employment.
11.7 Testing Procedures
a. Pre -Employment Drug Testing
All applicants for positions covered by Federal regulations governing workplace anti-
drug and alcohol programs shall undergo urine drug testing following a conditional offer
of employment. Receipt by the City of a negative drug test result is required prior to
starting employment. Failure of a pre-employment drug test will result in rescission of
the conditional offer of employment and will disqualify an applicant for employment for
a period of one year.
City employees not currently in a position covered by Federal regulations governing
workplace anti-drug and alcohol programs who apply for a position covered by said
Federal regulations must pass a urine drug test following the offer of a transfer into a
position covered by Federal regulations governing workplace anti-drug and alcohol
programs.
b. Reasonable Suspicion Testing
Employees are expected and required to report to work on time in an appropriate mental
and physical condition. The City reserves the right to test employees when there is
reasonable suspicion that the employee is impaired, that their work performance or on-
the-job behavior has been affected in any way by drugs or alcohol or the employee is
otherwise unfit for duty.
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Reasonable suspicion testing is drug or alcohol testing based upon the evidence that
an employee is using or has used alcohol or other drugs in violation of this policy. This
evidence is drawn from specific objective and articulable facts and reasonable
inferences drawn from those facts in the light of experience. For the purposes of this
policy and procedure, facts and inferences may be based upon, but not limited to, any
of the following:
(1) Direct observation of alcohol or drug use or abuse.
(2) Physical symptoms or manifestations of being impaired while at work due to alcohol
or other drug use such as, but not limited to, the smell of alcoholic beverages or
drugs emanating from the individual, reddened eyes, dilated or constricted pupils,
flushed or pale complexion, extensive sweating or skin clamminess,
unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding
nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or
nystagmus (involuntary jerky eye movement) deterioration of work performance,
errors and irregularities in work performance.
(3) Unexplained changes in behavior or personality such as, but not limited to,
hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow
reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on
the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a
lackadaisical attitude.
(4) Unexplained changes in speech such as, but not limited to, slurred/slowed,
loud/boisterous, quiet/whispering, incoherent/nonsensical, repetitious/rambling,
clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation
or cursing/inappropriate speech.
(5) A report of alcohol or other drug use while at work provided by a reliable and credible
source.
(s) Evidence that an employee has manufactured, sold, distributed, solicited,
possessed, used, or transferred illicit drugs or consumed alcoholic beverages while
at work for the City, or while operating City vehicles, machinery or equipment.
Employees found to be impaired by prohibited substances or employees who fail to
pass a reasonable suspicion drug or alcohol test administered under federal or state
regulations shall be removed from duty and be subject to disciplinary action, up to and
including termination of employment.
c. Post Accident Testing.
The City reserves the right to test employees for drugs and alcohol after a work-related
accident when one or more of the following conditions are present:
a fatality in which a City employee was involved;
any individual suffers bodily injury known at the time of the accident;
one or more vehicles incur disabling damage and require towing/removal from the
scene;
the accident results in cumulative property damage of $5,000 or greater as
reasonably estimated at the time of the accident;* or
the City employee receives a citation for a moving violation.*
If none of the above conditions are present, and the employee involved in the accident
would like to be tested voluntarily for drugs and alcohol, the employee may submit to
testing at the City's expense.
Personnel Policies Page 18 Rev. November 2019
Following an accident, the employee will be tested as soon as possible, but time elapsed
before testing may not to exceed eight (8) hours for alcohol and thirty-two (32) hours for
drugs. An employee subject to post -accident testing shall remain readily available or
may be deemed by the employer to have refused to submit to testing.
*Employees subject to DOT guidelines are subject to the post -accident testing
requirements of the Drug and Alcohol Policy.
d. Refuse to Test
Refusal to submit to an alcohol or drug test is classified as a positive test and subject to
the consequences of a positive test.
Refusal to test includes, but is not limited to, such behavior as:
(1) Failure to report in a timely manner to a collection site (except for a pre-
employment test). Once notified an employee is to immediately go directly to the
testing site.
(2) Failure to remain at the testing site until the testing process is complete (except
for a pre-employment test).
(3) Failure to provide a urine specimen for any drug test required by this part or DOT
agency regulations (except for a pre-employment test).
(4) In the case of a directly observed or monitored collection in a drug test, failure to
permit the observation or monitoring of provision of a specimen.
(5) Failure to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
(6) Failure or decline to take a second test the City or collector has directed them
to take.
(7) Failure to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the City as part of
the procedures for situations in which an employee does not provide a sufficient
amount of urine to permit a drug test.
(8) Failure to cooperate with any part of the testing process (e.g., refusal to empty
pockets when so directed by the collector, behaving in a confrontational way
that disrupts the collection process) or verbal or written refusal to provide a
required urine/breath specimen.
(9) For an observed collection, failure to follow the observer's instructions to raise
clothing above the waist, lower clothing and underpants, and to turn around to
permit the observer to determine if there are any types of prosthetic or other
devices that could be used to interfere with the collection process.
(10) Possess or wear a prosthetic or other device that could be used to interfere with
the collection process.
(11) Admit to the collector or MRO that the specimen was adulterated or substituted.
(12) Failure to sign the certification at Step 2 of the Alcohol Test Form.
(13) * The refusal to take a non -DOT drug or alcohol test or sign a non -DOT form is
not a refusal to take a DOT test.
Personnel Policies Page 19 Rev. November 2019
11.8 Consequences for Policy Violations
Violations of this policy resulting in personal injury, injury to another employee or member of
the public or violations resulting in damage to public or private property may result in
termination on the first offense.
a. Positive Test Results
An employee who is in their initial probationary period and receives a positive drug and/or
alcohol test result will have their employment terminated. A non -probationary employee's
first confirmed positive drug or alcohol test will result in a requirement that the employee be
evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure
to undergo the required EAP evaluation or to comply with the treatment plan, including
required testing, will result in termination of employment.
b. Second Positive Test Results
If an employee who has previously tested positive under the City's drug or alcohol testing
program tests positive on a second occasion, the employee will be terminated.
c. Refusal Consequences
An employee who refuses to submit to a reasonable suspicion or post -accident drug/alcohol
test will be treated as if the employee had a positive test result. The employee shall not be
permitted to finish their shift and shall immediately be placed on administrative leave
pending disciplinary action up to and including termination of employment.
d. Follow -Up
Once returned to duty, employees may be required to undergo unannounced follow-up
testing. Such testing will take place just before job duties are performed, during job duties,
or just after the employee performed job duties. The frequency and duration of the follow-
up testing will be recommended by the EAP counselor or treating entity.
e. Invalid Drug Tests
The result of a urine drug test is considered invalid if it contains an unidentified adulterant
or an unidentified interfering substance, has abnormal physical characteristics, or has an
endogenous substance at an abnormal concentration that prevents the laboratory from
completing or obtaining a valid drug test result.
f. Violations
Violations of this policy will result in disciplinary action, up to and including termination of
employment.
Section 12: License, Certification and Insurability Requirements
Certain positions within the City require the possession and maintenance of a specific license
or certification. If a position has such a requirement, it will be listed in the job announcement
when the job is posted and will be included in the job description. If the requirement changes
while an employee is in a position, the employee will receive notice of such change and will be
given a reasonable amount of time to comply with the requirement. If an employee loses or
fails to obtain a license or certification required for the position they hold, the employee may be
subject to discipline up to and including termination for failure to meet minimum job
requirements.
Personnel Policies Page 20 Rev. November 2019
No City employee may operate a City vehicle without proper licensing. Any individual who
operates a City vehicle on the public right-of-way without a valid license appropriate to the
vehicle being driven will be subject to disciplinary action up to and including termination.
12.1 Maintaining a Valid License
Employees required to possess and maintain a valid Iowa driver's license, chauffeur's license,
or Commercial Driver's License (CDL) are responsible for monitoring the expiration date and
renewing their license prior to the expiration date. If an employee's license is suspended,
revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the
beginning of the first work day after receiving notice of the action. Employees are prohibited
from driving any City vehicle without the appropriate valid license and are required to carry their
license with them while operating City vehicles or driving on behalf of the City.
The City periodically runs driver's license checks on employees who must have a license as a
job requirement, as well as employees who drive City vehicles in the course of their
employment. An employee who has a license that is current at the time of the license check,
but whose record shows it was suspended, revoked, or cancelled in the period of time since
the last check, is subject to disciplinary action if they drove a City vehicle during that time and/or
failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who
are required to have a valid license will be subject to disciplinary action up to and including
termination of employment if they allow their license to expire and are unable to perform their
work duties.
12.2 CDL Notification Requirements
Employees required to possess and maintain a valid Commercial Driver's License must meet
the following notification requirements:
a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation,
except parking (this includes pleading guilty and paying a fine). Notification is required
no matter what type of vehicle the individual was driving at the time of the infraction or
if the infraction occurred off duty. Such notice must be provided by filling out a
Notification of Conviction for Driver Violations Form and submitting to the Human
Resources Office.
b) Notify employee's supervisor if their license is suspended, revoked, or cancelled, or if
the employee is otherwise disqualified from driving. Such notice must be made at the
beginning of the first work day following knowledge of the suspension, revocation, or
cancellation. Employees must provide such notice to their immediate supervisor (or in
their absence to the individual acting in that capacity).
Failure to provide required notice of a traffic violation or license suspension, revocation
or cancellation may result in disciplinary action up to and including discharge.
12.3 Insurability
Employees required to possess and maintain a valid driver's license must also remain insurable
under the City's established standards for insurability. Failure to remain insurable due to
excessive or serious violations will subject an employee to disciplinary action up to and
Personnel Policies Page 21 Rev. November 2019
including termination of employment.
A work permit does not meet the City's requirement for a valid license. In no event will the City
install an ignition interlock device on any City vehicle to meet the requirements of a work permit.
Section 13: Personnel Transactions
13.1 Personnel Files
Personnel files are the property of the City. It is the policy of the City to permit access by all City
employees to their personnel file maintained in the Human Resources office. Access to these
files and the information contained in them is generally limited to the employee (or former
employee), appropriate supervisory personnel, appropriate administrative personnel and third
parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.). The file
information may also be accessed and utilized in situations involving business operations.
Information related to education, employment and job performance will be maintained in these
files. Confidential medical records and benefits information are maintained separately from an
employee's personnel file.
City employees are permitted access to their personnel files during regular Human Resources
office hours. Employees are permitted to examine, take notes, and make copies of any
materials in their file. Employees wishing to examine their files during work hours must have
the permission of their supervisor to leave their work site. A Human Resources staff member
must be present during this examination. An employee may request correction of any alleged
misinformation contained in the file. If this request is denied, the employee will receive an
explanation of the reason thereof, and will be permitted to place a concise statement of
disagreement in the file.
Employees are encouraged to keep their personnel files up-to-date with all job-related
information such as degrees obtained. Certification and training records can be maintained
through the Neogov learning management system. In addition, employees are required to
update personal information when they experience a change of name, address, phone, or
emergency contact. Employees may maintain this information through the Munis self-services
portal.
13.2 Medical Files
Employee medical records* are personal and confidential and will be maintained in a separate
medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA). The City of Iowa City will not release such
information without the express written consent of the employee, except as required by law.
*Worker's compensation files are maintained by Finance and are subject to Finance
Department policy addressing access and security of those records.
13.3 Public Information
The following employee information is classified as "Public Information" under Section 22.7 (11)
of the Iowa Code and will, upon request, be provided to any individual or institution by Human
Resources:
Personnel Policies Page 22 Rev. November 2019
• Employee name
• Employee compensation including any written agreement establishing compensation or
any other terms of employment excluding any information otherwise excludable from
public information pursuant to Iowa Code Chapter 22.7 or any other applicable provision
of law. Compensation includes any money, thing of value, or financial benefit conferred
in return for labor or services rendered by an official or employee plus the value of
benefits conferred including but not limited to casualty, disability, life, or health
insurance, other health or wellness benefits, vacation, holiday, and sick leave,
severance payments, retirement benefits, and deferred compensation.
• Dates of employment
• Positions held with the City
• Educational institutions attended and degrees and/or diplomas earned
• Previous employment information including names of previous employers, positions
previously held, and dates of previous employment
• The fact that an individual resigned in lieu of termination, was discharged, or was
demoted as the result of disciplinary action, and the documented reasons and rationale
for the resignation in lieu of termination, the discharge, or the demotion.
Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict
what employee information is classified as "Public Information" under Iowa law, the City will
modify its practices accordingly without further notice to employees.
Information such as address, telephone number, birth date, social security number, etc. is not
public information and will not be released unless requested in writing by the employee.
13.4 Job Description
Copies of job descriptions are maintained by Human Resources and are available upon request
or on the City's website. Job descriptions are periodically reviewed and updated as job duties
and requirements change.
13.5 Position Classification
All positions are classified according to job duties, responsibilities, entry requirements, and
departmental needs. A major change in these factors may necessitate a review of job
classification. Requests for review of a job classification may be addressed to the Human
Resources Administrator by any employee, by a supervisor, or may be initiated by the Human
Resources Administrator. All position classification review requests will be reviewed in
accordance with applicable labor contract provisions.
13.6 Fair Labor Standards Act (FLSA) Classification
All City positions have been classified as non-exempt or exempt under the Fair Labor
Standards Act (FLSA). Non-exempt positions are eligible for overtime at a rate of one -and -one-
half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions
are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-exempt employee
must perform 40 hours of work in a week; paid time off such as sick leave and vacation does
not count toward the 40 hours. Overtime is subject to supervisory authorization. Employees
who work overtime without appropriate authorization may be subject to disciplinary action.
Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are
Personnel Policies Page 23 Rev. November 2019
assigned to a 27-day/204 hour FLSA cycle and Police Officers are assigned to a 14-day/86
hour FLSA cycle.
To report a FLSA complaint or violation employees may contact the Human Resources
Administrator or City Attorney's office.
13.7 Employment of Relatives
a. Management Conflict
It shall be a violation of this policy for the spouse, domestic partner or partner by
cohabitation, children', mother, father, son-in-law, daughter-in-law, mother-in-law,
father-in-law, step-parent, brotherz, sister2, brother-in-law, sister-in-law, grandparents
and grandchildren, foster child, persons who are parents of the same child, and
persons with whom the employee is in an intimate relationship3 of the City Manager,
Assistant City Manager, Assistants to the City Manager, City Clerk, City Attorney,
Department Directors, Division Heads, or Human Resources staff to become
employed by any department of the City.
b. Chain of Command Conflict
It shall be the general policy of the City that no person shall be hired, assigned,
promoted, or transferred to a department of the City or to a division thereof when, as
a result, the employee would routinely be directly or indirectly supervising or receiving
direct or indirect supervision from a member of the employee's immediate family. For
the purpose of this subsection "members of the immediate family" include all of the
relationships identified under the Management Conflict provision (13.7 a) and also
include aunt, uncle, niece, nephew, and first cousin.
When a prohibited familial relationship is created during the course of employment,
reasonable efforts will be made to find an acceptable alternative or to eliminate the
situation by transfer or reassignment of one of the employees. Affected employees
will first be given the option of deciding which employee will transfer or be
reassigned. If no choice is indicated, seniority will be the governing factor and the
least senior employee will be subject to transfer, reassignment, or termination.
Individuals actively employed by the City in violation of this expanded policy on
November 1, 2011 will be grandfathered under the previous policy and allowed to
remain City employees.
'This includes step -children and children for whom the employee stands in loco parentis (assumes parental
responsibility).
2Brother and sister are defined to include step -siblings and half -siblings.
'An intimate relationship means a significant romantic involvement that need not include sexual
involvement. An intimate relationship does not include casual social relationships or associations in a
business or professional capacity.
Personnel Policies Page 24 Rev. November 2019
13.8 Termination of Employment
a. Resignation
Employees are expected to give at least ten (10) working days' notice prior to the effective
date of resignation. The notice should be in writing and directed to the immediate
supervisor. Generally, the termination date shall be the employee's last day in attendance
at work, except in cases of medical disability.
Generally, employees will be required to be at work on their last day. Use of extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendars weeks of paid time off within the same calendar month
immediately preceding the employee's resignation effective date.
b. Retirement
Terminating employees may be considered retirees if they have submitted the appropriate
forms to receive a retirement benefit from their applicable pension or retirement programs.
Sworn employees in the Police and Fire Departments will retire under the Municipal Fire
and Police Retirement System of Iowa (MFPRSI); other City employees will retire under the
Iowa Public Employee Retirement System (IPERS).
Employees must contact the retirement system directly to initiate the retirement application
process. Generally, employees will be required to be at work on their last day. Extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendars weeks of paid time off within the same calendar month
immediately preceding the employee's retirement effective date.
c. Benefits Termination
Upon notice of resignation, termination, or retirement being received by Human Resources,
applicable information regarding continuation of insurance coverage, benefits payout,
IPERS benefit or refund, final check, and other information will be forwarded to the
employee.
Human Resources will provide information to terminating employees, answer questions,
and assist employees. However, it is the employee's responsibility to complete and submit
all forms to the applicable agency.
d. Exit Interviews
Permanent employees will be provided an exit survey prior to their last day of employment.
If an employee wishes to participate in an exit interview in addition to or in lieu of providing
feedback via the exit survey, exit interviews will be conducted by Human Resources staff
or City Manager's Office.
Section 14: Safety
All City employees are responsible for completion of job assignments in the safest manner
possible. Prime consideration will be given to the safety of City employees and the public.
Employees will not be required to and should not work in areas or operate equipment which is
a safety hazard to themselves or the public. Employees are required to report unsafe working
conditions to their immediate supervisor. The Iowa Occupational Health and Safety
Administration establishes industrial standards for many City work functions. The City is
Personnel Policies Page 25 Rev. November 2019
committed to compliance with these and other applicable standards.
a. Employees must wear appropriate safety equipment/clothing, as required. Employees
will receive appropriate training and are expected to follow appropriate safety standards.
b. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as
provided by state law.
c. Smoking, including use of e -cigarettes or other vaping devices, is prohibited in all City
vehicles, equipment, buildings, and grounds.
d. City employees shall not wear or use radio headphones, earphones, or other similar
devices at any time while at work, unless such devices are authorized by the Depart-
ment Director/Division Head. Telephone headphones are permitted for business
phones with the supervisors approval.
e. Employees will handle property and equipment of the City with due care appropriate to
the nature of the work and equipment used. Writing, sending, viewing an electronic
message or talking on a hand-held communication device while driving is strictly
prohibited. Employees who act in a manner which endangers the safety of themselves
or others are subject to disciplinary action up to and including termination of
employment.
f. Treatment for work related injuries must be provided by the provider designated by the
City. Treatment by another physician will be allowed only upon referral from the City's
designated treatment provider. Failure to use the City's designated treatment provider
for a work-related injury may result in denial of payment of claims by Worker's
Compensation. Worker's Compensation questions should be directed to the City's Risk
Manager.
Personnel Policies Page 26 Rev. November 2019
Item Number: 7.a.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
December 17, 2019
Resolution setting a public hearing on January 7, 2020 on project manual
and estimate of cost for the construction of the McCollister Boulevard —
Gilbert Street to Sycamore Street Improvement Project, directing City Clerk
to publish notice of said hearing, and directing the City Engineer to place
said project manual on file for public inspection.
Prepared By: Melissa Clow, Special Projects Administrator
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $3,911,000, available in the McCollister Blvd. - Gilbert to Sycamore account
#S3934
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
The McCollister Boulevard — Gilbert Street to Sycamore Street Improvement Project includes the
extension of McCollister Boulevard from its intersection at Gilbert Street to the existing
roundabout on Sycamore Street. The new roadway will have a 100' right-of-way (ROW) with a 20'
center median and 17.5' B -B travel lanes consisting of 11' vehicular lanes and bicycle lanes. A 6'
sidewalk will be located on the north side of the roadway and a 10' sidewalk will be located on the
south side, connecting to the regional trail network. The project also includes new 16" water main,
storm and sanitary sewer, fiber and electric conduit and street lights in the corridor. A traffic signal
will also be installed at the Gilbert Street intersection.
Background /Analysis:
With more development occurring in the south district, McCollister Boulevard is being extended to
provide an arterial street between Gilbert Street and Sycamore Street.
The City contracted with AECOM of Waterloo, Iowa in May, 2018 for consulting services. The
plans, specifications and estimate of cost for construction of the McCollister Boulevard — Gilbert
Street to Sycamore Street Improvement Project have been filed in the Office of the City Clerk for
public examination. The estimated cost of construction is $3,911,000.00, and the project is
expected to be completed in the fall of 2020.
Project Timeline:
Set Public Hearing: December 17, 2019
Hold Public Hearing: January 7, 2020
Award Date: February 4, 2020
Final Completion: November 15 ,2020
ATTACHMENTS:
Description
Location Map
Resolution
McCollister Boulevard Extension
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Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413
Resolution No. 19-304
Resolution setting a public hearing on January 7, 2020 on
project manual and estimate of cost for the construction of the
McCollister Boulevard — Gilbert Street to Sycamore Street
Improvement Project, directing City Clerk to publish notice of
said hearing, and directing the City Engineer to place said
project manual on file for public inspection.
Whereas, funds for this project are available in the McCollister Blvd - Gilbert to Sycamore account
# S3934.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 7'" day of January, 2020, at 7:00 p.m. in the
Emma J. Harvat Hall, City Hall, 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. 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. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 17th day of December _'2019
rpoved b
Attest: ((� .`
City Jerk City Attorney's Office
It was moved by saiih and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
1'OL/
Item Number: 7.b.
1 CITY OF IOWA CITY
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in � at
COUNCIL ACTION REPORT
December 17, 2019
Resolution setting a public hearing on January 7, 2020 on the project
manual and estimate of cost for the construction of the Spruce Street Water
Main Replacement Construction Project, directing City Clerk to publish
notice of said hearing, and directing the City Engineer to place said project
manual on file for public inspection.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $277,878 available in the Spruce St. (1300-1400 Block) Water Main
Replacement Account #W3216
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This project includes water main replacement along the west side of Spruce Street between
Deforest Avenue and Friendly Avenue/Lower Muscatine Road. Approximately 900 feet of six-inch
cast iron pipe will be replaced with eight -inch polyvinyl chloride (PVC) pipe, and trenchless
installation methods will be used to minimize disturbances.
Background /Analysis:
Throughout the project, trenchless installation methods will be used to minimize disturbances to
roads, sidewalks, trees, and other surface features. The project will disturb portions of the right-
of-way during the restoration of water services, some sidewalks, and several curb ramps.
ATTACHMENTS:
Description
Location Map
Resolution
N
Spruce St Water Main Replacement
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Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, IA 52240, (319) 356-5144
Resolution No. 19-305
Resolution setting a public hearing on January 7, 2020 on the
project manual and estimate of cost for the construction of the
Spruce Street Water Main Replacement Construction Project,
directing City Clerk to publish notice of said hearing, and
directing the City Engineer to place said project manual on file
for public inspection.
Whereas, funds for this project are available in the Spruce St. (1300-1400 Block) Water Main
Replacement - Account #W3216.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
A public hearing on the project manual and estimate of costfor the construction of the above-
mentioned project is to be held on the 71 day of January, 2020, at 7:00 p.m. in the Emma J.
Harvat Hall, City Hall, 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. 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. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 17th day of December _'2019
4��
Maor
Attest: (— )
City Clerk
pfoved y
o -19
City Attorney's Office
It was moved by salih and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
F4
Nays:
Absent:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
J.b
Item Number: 10.a.
�r
CITY OE IOWA CITY
www.iogov.org
December 17, 2019
A resolution to annex approximately 35.29 acres of land located north of
American Legion Road and east of Eastbrook Street. (ANN19-01)
ATTACHMENTS:
Description
PZ Staff Report wAttachments
P&Z Minutes
Resolution
Pre -Annexation Agreement
STAFF REPORT - UPDATED
To: Planning & Zoning Commission
Item: ANN19-01/REZ19-09
GENERAL INFORMATION:
Prepared by: Ray Heitner, Associate Planner
Date: October 17, 2019
Updated: November 7, 2019
Applicant: Allen Homes, Inc.
PO Box 3474
Iowa City, IA 52244
319-350-8238
allenhomesinc@gmail.com
Contact Person:
Same as Applicant
Property Owner: Hieronymous Family Partnership, LLC
3322 Muscatine Avenue
Iowa City, IA 52240
Requested Action:
Annexation & Rezoning
Purpose: Annexation of 35.29 acres of land currently in
unincorporated Johnson County and rezoning it
from the County Residential (R) zone to Interim
Development — Single -Family Residential (ID -RS).
Location: East of Eastbrook Street and north of American
Legion Road
Location Map:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
K
35.29 acres
Farmland, County Residential (R)
North: P-1 — Neighborhood Public (Parkland)
South: R — County Residential (Farmland and
Religious Space)
East: RS -5 - Low Density Single -Family
Residential (Residential)
West: P-1 — Neighborhood Public (Parkland)
RM -12 - Low Density Multi -Family
Residential (Residential)
Iowa City/Johnson County Fringe Area
Agreement
District Plan: Southeast District Plan — Low/Medium Single -
Family Residential and Duplex; Medium/High
Density Single -Family Residential and
Townhouse
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
SE3
July 25, 2019
N/A since associated with an annexation
The applicant, Allen Homes, Inc., with the consent of the owners, Hieronymous Family
Partnership LLC., is requesting annexation and rezoning of 35.29 acres of property located
east of Eastbrook Street and north of American Legion Road. The applicant has requested
that the property be rezoned from County Residential (R) to Interim Development Single -
Family (ID -RS) for the entire 35.29 acres.
This area is located adjacent to Iowa City's current boundary and within Fringe Area B of
Johnson County's Fringe Area Agreement with Iowa City. The Southeast District Plan
shows this area within the City's growth area with a future land use of low/medium single-
family residential and duplex housing at a density of 2-8 dwelling units per acre. A western
portion of the property (shown below in Figure 1.0) is shown as having medium/high
density single-family residential and townhouse housing at a density of 8-13 dwelling units
per acre.
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
3
Fiqure 1.0 - Subiect Property within the Southeast District Plan Map
The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
Southeast District - Plan Map
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The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
ri
development and meets the goal of contiguous growth.
The Southeast District Plan pays specific attention to the subject area, calling it out as an
area that has been bypassed by past development in favor of leapfrog development to the
north and east. Within the subject area, the Southeast District Plan calls for single-family
and duplex residential development at low to medium densities, with some room for
medium/high density single-family residential and townhouse style development on the
property's west end. Development of this area will provide more efficiency for city services
and supply needed connections to existing surrounding development.
The proposed annexation will help to accomplish the City's larger goal of fulfilling the need
for expanded housing options to accommodate the City's growing population. Because of
this need, staff is recommending that as a condition of the rezoning, the developer satisfy
the Comprehensive Plan's amended Annexation Policy, as stated in Resolution 18-211. The
amended policy requires annexation of land for residential use of 10 or more dwelling units
satisfy the City's goal of creating and maintaining a supply of affordable housing by
providing affordable units equal to 10% of the total units in the annexed area, with an
assurance of long-term affordability.
3. Control of the development is in the City's best interest. The property is within the
Growth Area. It is appropriate that the proposed property be located within the city so that
residents of future development may be served by Fire, Police, water, and sanitary sewer
service. Annexation will allow the City to provide these services and control zoning so that
the subject area remains compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Zoning: The subject property is currently zoned County (R) Residential. This zone allows for
single-family residential dwellings to be built in the subject area. Because of the subject
area's location in Iowa City's Fringe Area within the growth boundary, all development in
this area must be constructed to City standards and it is unlikely that development would
occur prior to annexation.
The applicant is requesting rezoning of the subject property to Interim Development Single -
Family (ID -RS) for all 35.29 acres of the property. The purpose of the Interim Development
zone is to provide areas of managed growth in which agricultural and non -urban land uses
can continue until the City is able to provide services to support development. Under this
zoning, the only use that is permitted by right is agriculture. The applicant is currently
exploring options for subdividing and developing the property. Because the proposed
layout of the property is still undetermined, interim zoning is appropriate for this property.
Sanitary Sewer and Water: The developer will be required to pay a water main extension
fee of $456.75 per acre before public improvements are constructed. The subject property
is located outside of the sewer tap -on fee district, and will not be required to pay sanitary
sewer tap -on fees. There is a stormwater detention easement over the northwestern
portion of the property. It is anticipated that any future development will mostly be located
outside of this easement area.
Environmentally Sensitive Areas: The subject property does not contain any
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
5
environmentally sensitive features. The northern and western portions of the property
are located in the 100 and 500 -year flood plains.
Access and Street Design: To match existing right-of-way located to the west and east of
the subject property, staff is recommending that as a condition of the rezoning, the
developer dedicate 17 feet of additional right-of-way to the City when the property is
platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending another condition to
allow for the conveyance of a temporary construction easement to the City along the
north side of American Legion Road.
Since the proposed rezoning is only for Interim Development Single -Family residential
(ID -RS), the applicant does not yet have a design for street access and interior street
connectivity on the subject property. These designs will become available for analysis
upon subsequent rezoning and platting of the property.
NEXT STEPS:
Pending recommendation of approval of the proposed annexation and rezoning from the
Planning and Zoning Commission, the City Council will hold a public hearing. Before the
public hearing, utility companies and non -consenting parties will be sent the application via
certified mail. Pending approval of the annexation by the City Council, the application for
annexation will be sent to the Secretary of State's Office for final approval and
acknowledgement.
STAFF RECOMMENDATION:
Staff recommends approval of ANN19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim
Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
ATTACHMENTS:
1. Aerial Map
2. Zoning Map
3. Location Map
4. Applicants Statement
5. Temporary Construction Easement Map
Approved by: S,
e e Sitzman, AICP
Department of Neighborhood and Development Services
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
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An application submitted by Allen Homes,
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property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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An application submitted by Allen Homes,
Inc. for the annexation of 35.29 acres of
property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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COUNTY, IOWA, DESCRIBED AS FOLLOWS:
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Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
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along the South Line of the Northwest Quarter of said Section 18, a distance of
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Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said
West Line, and the West Line of Windsor West - Part One, in accordance with the
Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson
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County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor
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Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point
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of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
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Applicant Statement:
The property is proposed to be annexed and zoned as part of Iowa City, in order to meet the
continuing demand for residential housing. The property is adjacent to Iowa City corporate
limits, and within the growth area. With the pending American Legion Road reconstruction
project, urban infrastructure will be in place to serve this and surrounding properties.
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STAFF PRESENTATION TO FOLLOW:
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C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Item 10.a.: Annexation American Legion Road
ANN 19-01
A resolution to annex approximately 35.29 acres of land located north
of American Legion Road and East of Eastbrook Street.
SHAPAROCK PL
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An application submitted by Allen llomcs,
Inc. forthe annexation of 35.29 acres of
property located East of Eastbrook St and North ' R
° R
”
of American Legion Rd and rezoning of the subject � - -
property from County Residential [R) to Interim �-
n
Development - Single -Family Residential (ID -RS).
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CITY OF IOWA CITY
—cursBl_rLANC LN J
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Johnson Coun
Located within Fringe Area B (inside of the City
Growth Area)
Proposed rezoning to Interim Development
Single -Family Residential (ID -RS).
An additional rezoning will be required before
any platting and development takes place.
Good Neighbor Meeting not used -encouraged
with next rezoning after interim.
Staff has forwarded the application to the
County Board of Supervisors and Scott
Township Trustees, neither have expressed
concerns regarding the annexation/rezoning.
Comprehensive Plan Annexation Policy—
Voluntary Annexation Requests
Staff use 3 criteria to review voluntary
annexation requests:
1) The area under consideration falls within
the adopted long-range planning boundary.
2) Development in the area proposed for
annexation will fulfill an identified need
without imposing an undue burden on the
City.
3) Control of the development is in the City's
best interest.
Comprehensive Plan
Southeast District Plan:
• Property within City's growth area
• Intended Future Land Use:
• Majority Low/Medium Single Family
Residential and Duplex Housing
Density: 2-8 dwelling units per acre
• Small Western portion calls for Medium/High
Density Single Family Residential and
Townhouse Housing
Density: 8-13 dwelling units per acre
Southeast District - Plan Map
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IRONDistrict
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No
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The Area Under Consideration Falls
within the Adopted Long -Range
Planning Boundary
emm."H 5ERKHEY�N
N -0 SCOTT PARK __I�HLNZ
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RITA'
RANG
DOG PA
WINDSOR
RIDGE PARI
Leapfrog development
Development in the Area Proposed
for Annexation Will Fulfill an Identified
Need Without Imposing an Undue
Burden on the City
• The Comprehensive Plan encourages contiguous growth
that is connected to existing neighborhoods.
• The subject property is bordered by the city on its west,
north, and east sides.
The map above shows the "leapfrog" development
that occurred In the Windsor Ridge Neighborhoodremains in _
Areas shown IThe property is specifically highlighted in the SE District
In while represent land that remain •
the county. These areas do not rec*Ive city services Plan to help fill in development.
or city water and sewer. East of Scott Boulevard,
American Leglon Road remains a rural road, without
sidewalks, curb or storm sewer. The Windsor Ridge
neighborhood lacks east west street connections to • Annexation will also allow for implementation of the
other neigh borhoods.This createsanImpediment for City's affordable housing policy, upon development. Staff
pedestrians and bikers and Inefficlency for provision is recommending that satisfaction of this requirement is
of services such as bus service, garbage and recycling
services, and snow removal. a condition of the rezoning.
Control of the Development is
in the City's Best Interest
Annexation will allow for contiguous provision
of City services (Fire, police, water, sanitary
sewer, etc.). �
The City has an interest in administering
zoning in this area to make sure objectives
from the Comprehensive Plan are met.
Annexation into City & Zoned ID-RS-P&Z
recommendation to City Council (December
2019)
Rezoning from ID -RS to a Zoning District for
development-P&Z recommendation to City
Council
Preliminary Plat-P&Z recommendation to City
Council
Final Plat -City Council by Resolution
Planning &Zoning Commission
Recommendation
The Planning & Zoning Commission recommends approval of ANN19-01
and REZ19-09, an annexation of approximately 35.29 acres and a
rezoning from County Residential (R) to Interim Development— Single -
Family Residential (ID -RS) with the following conditions:
1) The developer satisfies the Comprehensive Plan's Affordable Housing
Annexation Policy, as stated in Resolution 18-211.
2) The dedication of 17 feet of additional public right-of-way along
American Legion Road, to be dedicated to the City at the time of final
platting.
3) Conveyance of a temporary construction easement to the City along the
north side of American Legion Road.
STAFF PRESENTATION CONCLUDED
� r
rrM as � h
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
MINUTES FINAL
PLANNING AND ZONING COMMISSION
NOVEMBER 7, 2019 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sarah Hektoen, Jesi Lile, Anne Russett
OTHERS PRESENT: John Yapp, Nicole Neal West, Siobhan Harman, Paul Esker,
Steve Gordon, Mike Pugh, Cordell Braverman, Ousainou Keita,
Gina Landau, Adam Jablaski
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0, the Commission recommends approval of ANN19-01 and REZ19-09, a
voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R)
to Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NOS. ANN19-01 AND REZ19-09:
Applicant: Allen Homes, Inc.
Location: North of American Legion Road and east of Eastbrook Street
An application submitted by Allen Homes, Inc. for an annexation and rezoning from County
Residential (R) to Interim Development — Single -Family Residential (ID -RS) for approximately
35.29 acres of land currently in unincorporated Johnson County and located north of American
Legion Road and east of Eastbrook Street.
Russett began the staff report showing a location map of the property, the property is currently
in the County zoned residential, it is surrounded by the City. To the north it is zoned P (where
there is a City park), to the east there is single family, to the west is multifamily and to the south
Planning and Zoning Commission
November 7, 2019
Page 2 of 5
is more single family. The property is located in the Fringe Area B, which is inside the City's
growth boundary, and the proposed rezoning is to Interim Development Single -Family
Residential. That zone allows very low density single-family, it also allows plant related
agricultural uses such as row crops and some other non-residential uses (allowed provisionally
or through special exception). Russett noted an additional rezoning will be required before any
platting or development of this site takes place.
The applicant did not hold a good neighbor meeting, but staff will recommend a good neighbor
meeting be held upon the next rezoning. Staff has forwarded this application to the Johnson
County Board of Supervisors and the Scott Township Trustees and neither have expressed
concerns regarding the annexation or the rezoning.
The project site is located in the Southeast District Plan area, which again is within the City's
growth boundary. In terms of intended future land use Russett noted the majority of this site is
intended for low to medium single family residential and duplex housing at a density of 2-8
dwelling units per acre. A small western portion of the site allows for medium to high density
single-family residential and townhouse housing at a density of 8-13 dwelling units per acre.
Staff uses three criteria to review annexation requests. The area under consideration falls
within the adopted long-range planning boundary. (1) A general growth area limit is illustrated in
the Comprehensive Plan and on the City's Zoning Map; (2) Development in the area proposed
for annexation will fulfill an identified need without imposing an undue burden on the City and;
(3) Control of the development is in the City's best interest. Regarding the first criteria, the
subject property is located within the City's long-range growth boundary and surrounded by City
property. In terms of the second criteria, the Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods. The subject property is bordered by the
city limits on the west, north, and east sides. The property is specifically highlighted in the
Southeast District Plan as an example of leapfrog development to the north and east. The
proposed annexation will allow for implementation of the City's affordable housing policy upon
development of the site. Therefore, staff is recommending the satisfaction of this requirement
as a condition of the rezoning. For the third criteria, that control of the development is in the
City's best interest, this annexation will allow for contiguous provision of City services such as
Fire, Police, water, and sanitary sewer service. The City has an interest in administrating zoning
in this area to make sure that the objectives of the Comprehensive Plan are met.
Russett reiterated the requested rezoning is to ID -RS, Interim Development Single -Family.
Agricultural and nonurban uses can be continued within this zoning until the property is
developed. Because the applicant is still exploring options on how to develop and subdivide the
property this interim zoning designation is appropriate. In terms of sanitary sewer and water, the
developer will be required to pay a water main extension fee of $456.75 per acre before
development. The subject property is located outside of the sewer tap -on fee district, and will
not be required to pay sanitary sewer tap -on fees. The subject property is located within 100
and 500 -year flood plains. In terms of access and street design, to match existing right-of-way
located to the west and east of the subject property, staff is recommending that as a condition of
the rezoning, the developer dedicate 17 feet of additional right-of-way to the City when the
property is platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending the developer pay 12.5%
improvement costs to the American Legion Road frontage. Staff is also recommending another
Planning and Zoning Commission
November 7, 2019
Page 3 of 5
condition to allow for the conveyance of a temporary construction easement to the City along
the north side of American Legion Road for the reconstruction of American Legion Road. The
improvements will extend from Scott Boulevard on the west side all the way to Taft Avenue on
the east side. The City is looking at installing a roundabout at the intersection of Scott
Boulevard and American Legion Road, the improvements will also include buffered bike lanes, a
10 -foot sidewalk along the north side of American Legion Road and a 5 -foot sidewalk along the
south side as well as a grade -separated crossing at Hoover Elementary School. In terms of the
City's timeline, the City is currently trying to acquire property in this area and may bid this
project in spring 2020 but it may be pushed to fall 2020 or winter 2021.
The role of the Commission in this rezoning and annexation is to determine if it satisfies the
conditions as stated in the Comprehensive Plan, whether the proposed annexation and
rezoning falls within the growth boundary, whether if development in the area proposed will fill
an identified need, and whether control of development in the City's best interest.
In terms of next steps, after the Planning and Zoning Commission makes a recommendation,
the City Council will hold a public hearing. Before the public hearing, utility companies and non -
consenting parties will be sent the application via certified mail. Pending approval of the
annexation by the City Council, the application for annexation will be sent to the Secretary of
State's Office for final approval and acknowledgement.
Staff recommends approval of ANN 19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development
— Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
Hensch sought confirmation that, since this was an ID rezoning, this property would definitely
come back before the Commission prior to development. Russett confirmed the Commission
would see it again when it is rezoned for development.
With regard to the improvements to American Legion Road, Hensch noted it is in the five-year
road plan. Russett confirmed that is correct and the latest the project would be bid is winter
2021.
Hensch noted to the west is a water detention area to combat flooding and asked if this property
was outside of that flooding area. Russett said a portion of that water retention area is in the
project site so that area will have to remain an outlot and not be developed.
Baker asked when this application comes back before the Commission on the next rezoning it is
possible the entire project could be developed at the higher density that is allowable in the
western portion. Russett stated that is not possible. When the applicant requests the rezoning,
they may just request one zone district but it is possible to request two zone districts, having the
Planning and Zoning Commission
November 7, 2019
Page 4 of 5
western portion at a higher density
Hensch opened the public hearing.
John Yapp (930 4th Avenue) is representing Allen Homes, the applicant, he wanted to speak
about the temporary construction easement that staff has recommended. Yapp said he talked
with staff about (and it's not reflected in the report) if his project moves faster than the American
Legion Road project they would grade that area where the temporary construction easement is
to meet both their purposes and the City's purposes. This would potentially reduce, or
eliminate, the size of that temporary construction easement and this was something staff was
agreeable to and would put in the conditional zoning agreement.
Hensch asked if the area was currently being row cropped. Yapp confirmed it was. Hensch
asked it was being farmed by the owner or leased. Yapp replied it was leased. Hensch asked
what the CSR was for the property. Yapp is unsure of the CSR.
Hensch asked about the flooding area. Yapp said there was a floodway easement
approximately where the 100 -year flood plain is. Hench noted that in the 1993 flood that whole
area was under water.
Hensch closed the public hearing.
Parsons moved to recommend approval of ANN19-01 and REZ19-09, a voluntary
annexation of approximately 35.29 acres and a rezoning from County Residential (R) to
Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north
side of American Legion Road.
Townsend seconded the motion.
Baker asked about the next steps and what was meant by "non -consenting parties" to the
annexation. Russett noted that is not applicable in this case, it is only required if there are any
non -consenting landowners that don't want to be annexed. In this case all of the parties are
consenting.
Parsons feels this application makes sense for the overall development along American Legion
road. Signs agreed.
Baker went on record to say he feels it will end up being higher density than what is discussed
here, but that can be reviewed at the next stage of rezoning.
A vote was taken and the motion passed 7-0
►O.G�
Deferred to 1/21/2020
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 358-5238
(ANN19-01/REZ19-09)
RESOLUTION NO.
A resolution to annex approximately 35.29 acres of land
located north of American Legion Road and east of Eastbrook
Street.
Whereas, Summit Ridge LLC and the Hieronymous Family Partnership LLP are the owners
and legal titleholders of approximately 35.29 acres located at Eastbrook Street and American
Legion Road; and
Whereas, the applicant, Allen Homes, Inc., with the consent of the owners, has requested
annexation of the approximate 35.29 -acre tract into the City of Iowa City, Iowa; and
Whereas, the aforementioned property is located within the Long -Range Planning Boundary
of the City of Iowa City, and
Whereas, control of the area proposed for annexation is in the City's best interest because it
will allow development in a manner consistent with the Comprehensive Plan; and
Whereas, pursuant to Iowa Code 368.5 and 368.7 (2019), notice of the application for
annexation was sent to the Johnson County Board of Supervisors, Johnson County departments
of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township,
the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of
Governments; and
Whereas, none of these entities have objected to the proposed annexation; and
Whereas, in accordance with adopted City annexation policy, the owners and developer have
executed a pre -annexation agreement committing to the provision of affordable housing on a
portion of the subject property; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along
the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to
the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof
Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's
Office; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition,
509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1
Resolution No.
Page 2
of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast
Corner thereof; Thence N01 *31'04"W, along the East Line of said Parcel 1, a distance
of 756.10 feet; Thence N20°10'51 "E, along said East Line, 209.78 feet; Thence
N50"29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof;
Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part
Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the
Records of the Johnson County Recorder's Office; Thence S00050'20"E, along said
West Line, and the West Line of Windsor West - Part One, in accordance with the Plat
thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County
Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part
One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence
N89°26'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said
Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of
record.
2. The City Clerk is hereby authorized and directed to certify and file all necessary documents
for certification of the population of the annexed territory to Johnson County and the State
Treasurer, said population being zero.
3. The Mayor is authorized to execute and the City Clerk to attest the attached Affordable
Housing Pre -Annexation Agreement.
4. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 and the attached agreement at
Owner's expense.
Passed and approved this day of 2019.
MAYOR
Approved by
ATTEST: "11ZA a 1���
CITY CLERK City Attorney's Office /Z /Z / I
Affordable Housing
Pre -Annexation Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") Summit Ridge, LLC and Hieronymus Family Partnership, LLP (hereinafter
collectively referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant").
Whereas, on behalf of the Owners, Allen Homes, Inc. filed an application for voluntary annexation
of some 35.29 acres, legally described below, located east of Eastbrook Street and south of
American Legion Road; and
Whereas, pursuant to Resolution 18-211, the City of Iowa City has adopted an Annexation Policy
that states:
If the annexation is for residential development that will result in the creation of ten (10) or
more new housing units, the development will support the City's goal of creating and
maintaining the supply of affordable housing. Such support shall be based on a goal of
providing affordable units equal to 10% of the total units in the annexed area with an
assurance of long-term affordability, preferably for a term of not less than 20 years.
Income targets shall be consistent with the City's existing program requirements. How the
development provides such support will vary depending on the particular circumstances
of the annexation, and may include, but is not limited to, transfer of lots/units to the City or
an affordable housing provider, fee -in -lieu paid to the City's affordable housing fund;
and/or participation in a state or federal housing program. In determining the most
desirable option, preference shall be weighted toward options that help achieve better
socio-economic balance among Iowa City neighborhoods and among schools in the Iowa
City Community School District. An agreement committing the Owner/Developer to the
affordable housing obligation shall be required prior to annexation, and shall be further
memorialized, if necessary, in a conditional zoning agreement.
Whereas, the Planning and Zoning Commission considered this application and recommended
approval subject to compliance with the adopted Annexation Policy; and
Whereas, it is in the public interest to execute this agreement consistent with the adopted
Comprehensive Plan Annexation Policy.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Summit Ridge, LLC and Hieronymus Family Partnership, LLP are the collective legal title
holders of the property legally described as:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79
NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along
the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to
the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof
Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's
Office; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition, 509.80
feet, to the Northeast Comer thereof, and a Point on the South Line of Parcel 1 of "Ralston
Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat
Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence
S89026'59"E, along said South Line, 373.32 feet, to the Southeast Comer thereof, Thence
N01031'0411V, along the East Line of said Parcel 1, a distance of 756.10 feet; Thence
N20010'51"E, along said East Line, 209.78 feet; Thence N50029'32"E, along said East
Line, 690.91 feet, to the Northeast Corner thereof, Thence N89°45'05"E, 177.85 feet, to a
Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof
Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's
Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West -
Part One,. in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of
the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest
Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest
Quarter of said Section 18; Thence N89"26'40"W, along said South Line, 1169.60 feet, to
the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
easements and restrictions of record.
2. In the event that the above-described property is annexed into the City of Iowa City, Owners
agree that it shall execute, prior to issuance of a building permit, an affordable housing agreement
committing to:
i. rent or sell 10% of the total units constructed on the above-described real estate to
income -eligible families for a period of 20 years from the date certificates of occupancy
are issued for each such affordable unit, to be administered in accordance with Iowa City
Code of Ordinance 14-2G-8, or a similar state or federal housing program; or
ii. convey 10% of the total units to the City or an affordable housing provider for such
affordable housing purposes; or
iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an amount
established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has
been rescinded at the time Owners apply for a building permit, as otherwise established
by Council resolution.
3. This Agreement constitutes the entire agreement between the parties with regard to annexation
of the subject property and supersedes all prior offers, agreements, arrangements and contracts,
whether oral or written, concerning the subject matter hereof. Owner acknowledges and agrees
that no representations have been made that would limit the City Council's ability to exercise its
powers delegated to it by Iowa Code Chapter 414.
4. This Agreement shall be deemed to be a covenant running with the land and with title to the
land, and shall remain in full force and effect as a covenant with title to the land, unless or until
released of record by the City of Iowa City. The parties further acknowledge that this agreement
shall inure to the benefit of and bind all successors, representatives, and assigns of the parties.
Dated this day of 2019.
City of Iowa City
Summit Ridge LLC
Jim Throgmorton, Mayor By:
Attest:
Kellie Fruehling, City Clerk
Hieronymus Family Partnership LLP
M
Approved by: Allen Homes, Inc.
Cify Attorney's Office By:
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
Johnson County )
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
Summit Ridge LLC Acknowledgement:
State of _
County of
This record was acknowledged before me on , 2019 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Summit Ridge LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
Hieronymus Family Partnership LLP Acknowledgement:
State of
County of
This record was acknowledged before me on , 2019 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Hieronymus Family Partnership, LLP.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
Allen Homes, Inc. Acknowledgement,
State of _
County of
This record was acknowledged before me on , 2019 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Allen Homes, Inc.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires: