HomeMy WebLinkAbout2007-02-06 Resolution
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 07-11
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon hislher filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
One Eyed Jake's
18-20 S. Clinton Street
Passed and approved this 6th day of Februarv ,20 07
~ fA )..jL
MAYOR -
-
ATTEST:.7Jh':-~) k. ~
CI CLERK
Approved by
~~ \,~-Ol,..
City Attorney's Office
It was moved by Vanderhoef and seconded by
Resolution be adopted, and upon roll call there were:
Bailev
the
AYES:
-X.-
----X..-
~
----L-
~
X
~
NAYS:
ABSENT:
_ Bailey
_ Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
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Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053
RESOLUTION NO. 07-32
RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 20, 2007 TO
DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR
JULY 1, 2007, THROUGH JUNE 30, 2008, THE PROPOSED THREE-YEAR
FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS
PROGRAM THROUGH FISCAL YEAR 2011.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public
hearing on said proposal should be and is hereby set for February 20, 2007, at 7:00 p.m. in
Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to
be published as provided by law, to permit any taxpayer to be heard for or against the proposed
FY2008 Operating Budget and the Proposed FY2008-FY2010 Financial Plan and also the multi-
year Capital Improvements Program through Fiscal Year 2011.
Passed and approved this 6th
day of Februarv
,20 07 .
c;;L ( JA'O~
MAYOR ,- - .
ATTEST: 7J~;- ) -R. <~
CITY ERK
roved by (;\ .
~VM.-
City Attorney's Office , 81 07
It was moved by Vanderhoef and seconded by Bailey
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
X
x
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
finadm\budget\pubhrgFY08.doc
N1~1
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Prepared by: Mitchel T. Behr, Ass\. City Atty., 410 E. Washington S\., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-"
RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 20, 2007, TO
CONSIDER A FIFTH AMENDMENT TO A REAL ESTATE CONTRACT -
INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION
FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND
PARKING.
WHEREAS, Tower Place and Parking includes commercial space which has been marketed for
sale to the general public;
WHEREAS, In June of 2002, the City Council approved a Real Estate Contract - Installments
pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime
to United Action for Youth (UAY) for a total price of $500,000;
WHEREAS, the contract as most recently amended in January of 2006 provided for payment
of the $250,000 remaining balance of the purchase price in installments of $25,000 by March 1,
2006, $75,000 at the end of 2006 and $150,000 at the end of 2007; and
WHEREAS, UAY has paid all but $20,000 of the amounts due by the end of 2006, and is
requesting that the contract be amended to add said $20,000 to the amount due by the end of
2007, increasing the total balance due at that time from $150,000 to $170,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to consider the attached fifth amendment
to the real estate contract between the City of Iowa City and United Action for Youth for
Unit 1-C in Tower Place and Parking.
2. A public hearing on said proposed amendment to the contract should be and is hereby set
for February 20, 2007, at 7:00 p.m. in Emma J. Harvat Hall at City Hall, 410 E.
Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to
cause notice of publiC hearing to be published as provided by law.
Passed and approved this 6th
day of F"hrllRry
, 20..ll1.-.
9~u~ /1~
MAYOR
ATTEST: ~~.:. .J ,(/, ~.J
CIT ERK
APprv~ ~y ~
~ Cc t/z~/f)7
. City Attorney's Office
Resolution No.
Page ?
n7-11
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
Bailev
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St.,lowa City, IA 52240; (319) 356-5030
FIFTH AMENDMENT TO REAL ESTATE CONTRACT-INSTALLMENTS
WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth
("Buyers") executed a REAL ESTATE CONTRACT -INSTALLMENTS for the
sale of Unit 1C, Tower Place & Parking, as legally described therein, dated May
11, 2002, which is recorded at Book 3343, Page 137 of the records of the
Johnson County Recorder, and modified by amendments recorded at Book 3357,
Page 352 , Book 3785, Page 298, Book 3842, Page 237, and Book , Page
of the records of the Johnson County Recorder; and
WHEREAS, Buyers and Sellers wish to further amend said REAL
ESTATE CONTRACT -INSTALLMENTS to modify the provisions thereof
relating to payment of the purchase price as agreed to and understood by the
parties,
FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the
above-referenced contract is hereby further amended as follows:
Paragraph 1 (b) of the contract as amended is deleted in its entirety and
replaced with the following: "BALANCE OF PURCHASE PRICE.
$275,000 as follows: $25,000 on or before March 1, 2005; $25,000 on or
before March 1,2006, $55,000 on or before December 31,2006, and;
$170,000 on or before December 31,2007."
UNITED ACTION FOR YOUTH
CITY OF IOWA CITY
By: Jim Swaim, Executive Director
By: Ross Wilburn, Mayor
By: Don Carstensen,
Chairman of Board of Directors
By: Marian K. Karr, City Clerk
STATE OF IOWA
)
)ss:
)
JOHNSON COUNTY
On this , before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Jim Swaim and Don Carstensen to
me personally known, who, being by me duly sworn, did say that they are the
Executive Director and Chairman of Board of Directors, respectively, of the
corporation executing the foregoing instrument; that the instrument was signed
on behalf of the corporation by authority of its Board of Directors; that Jim
Swaim and Don Carstensen acknowledged the execution of the instrument to
be the voluntary act and deed of the corporation, by it, by them voluntarily
executed.
Notary Public in and for the State of Iowa.
STATE OF IOWA
JOHNSON COUNTY
)
)ss:
)
On this day of , 2007, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ross
Wilburn and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City
Council of said municipal corporation; and that the said Ross Wilburn and Marian
K. Karr acknowledged the execution of said instrument to be the voluntary act and
deed and said municipal corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
_ _~______'_____'_~"_'_"__'___ _ ____~,_____.____.__,_..___..,"______"___._,___.__.._._,._______....._.._......_..__.__....___.______.0-....._____,.~.m_..'_.____.____.____.__.
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Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 07-34
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE
DONKEYS, INC D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK
CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, William and Helen Byington, as landlord, and Little Donkeys, Inc, d/b/a Panchero's
Mexican Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way at
32 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2, The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this -2.th.... day of Februarv ,2007.
~( _ fA 'Ot-
MAYOR
~
ATTEST: ~.:"...J ~~
CI LERK
Approved by:
~'SJ~ ,.")0 - or
City Attorney's Office
Resolution No. 07-34
Page ?
It was moved by Vandf>rhoef and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
y
x
x
y
Bailey
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
r::iJ
HUMAN RESOURCES/PERSONNEL
MEMO
DATE:
January 29, 2007
TO:
Mayor and City Council Members
Sylvia A. Mejia, Personnel Administrator ~
Revised Commercial Driver's License (CDL) Policy
FROM:
RE:
The Omnibus Transportation Employee TestinQ Act of 1991 mandates that
the City have a program to test for prohibited drug use and alcohol misuse
by employees driving vehicles which require a commercial driver's license.
We were recently audited by the Federal Transit Authority to determine if
our drug and alcohol testing program met federal guidelines.
Following submission of written materials and a three day on-site review, the
auditors suggested a few minor changes to our policy; with those changes we
were found to be in compliance with the Federally mandated Drug and
Alcohol Testing Program requirements (see attached letter from the
Federal Transit Administration).
Attached is a copy of the revised City of Iowa City Commercial Driver's
License Substance Abuse Prevention Pro9ram for DruQs and Alcohol. The
revised policy has incorporated the changes required by the FTA auditors
which are minimal but mandated for compliance.
Federal regulations require that the City Council approve the policy.
Therefore the policy is being presented for your approval. Once the policy
has been approved copies will be provided to all affected employees.
If you have any questions, please c:ontact me at 356-5026.
CDLPolicyRevisions2007
o
u.s. Department
of Transportation
Federal Transit
Administration
Headquarters
400 Seventh St., S.W.
Washington, D.C. 20590
Ms. Sylvia Mejia
Personnel Administrator
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240-1826
November 9th, 2006
Via Email
RE: Compliance Letter
Substance Abuse Management Oversight Audit Compliance
Dear Ms. Mejia
The Federal Transit Administration has reviewed the City of Iowa City's
response to the formally submitted findings of the Substance Abuse Management
Oversight Program Audit Team. Based on the information provided, the Federal
Transit Administration has found Iowa City to currently be in compliance with the
Federally mandated Drug and Alcohol Testing Program.
It is important for you and your organization to diligently maintain all aspects of
the drug and alcohol testing program so that all will remain in compliance in the future.
Thank you for your cooperation and for being prompt in your response. Please
let me know if I can be of service to you.
Sincerely,
;t-/~
Jerry Powers
Drug and Alcohol Program Manager
Electron ic cc:
Mr. Mokhtee Ahmad, FTA Region VII Administrator
Mr. William Kalt, FTA Region VII, Regional Engineer
Mr. Michael Redington, Volpe National Transportation Systems Center
Mr. George Y. Gilpatrick II, Cahill Swift LLC
Ms. M. Denise Bailey, Milligan and Company, LLC
Page 2 of 8
I'v\~ L/~(d)
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 07-1';
RESOLUTION RESCINDING THE 2003 COMMERCIAL DRIVER'S LICENSE SUBSTANCE
ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A
NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM
WHEREAS, federal law mandates alcohol and controlled substance testing programs for
commercial drivers be developed; and
WHEREAS, Resolution No. 03-315, adopted by the City Council on October 14, 2003, and
amended by Resolutions 04-285 and 04-314, established the existing Commercial Driver's
License Substance Abuse Prevention Program for Drugs and Alcohol; and
WHEREAS, the Program has been updated to reflect changes required as a result of an audit by
the Federal Transit Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The existing Commercial Driver's License Substance Abuse Prevention Program for
Drugs and Alcohol established by Resolution No. 03-315 and amended by Resolutions
04-286 and 04-314 is hereby rescinded.
2. The Commercial Driver's License Substance Abuse Prevention Program for Drugs and
Alcohol attached to this resolution and by this reference made a part hereof is hereby
established and adopted.
day of February ,20-111-.
~C -1~~
MAYOR /}
ATTEST: ~_:..__) ,v. ~,J
CITY ERK
Passed and approved this 6th
It was moved by V~nnpr"npf
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
y
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
humanrel/reslcdl program 2ClO7.doc
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE
PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
1/07
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
TABLE OF CONTENTS
SECTIONS
1 Introduction/Purpose ... .......... ................ ............... .... ..... ... .............. ... ........... ............ ..... .....1
2 Appl icabil ity .... .......... ... ... ........... ..... ......... ............... .;..... ... ...... ... ..... .............. ............. .......1
3 Effect of Use, Refusal or Failure .........................................................................................1
4 Safety-Sensitive Functions. ......... ....... ......... ............. ....... ......... ........ ....:.......... ............... ......2
5 Proh ibited Conduct..... ............................................ ............. ... ... ... ..... ..... ................. ..... ... 2-4
6 Types of Drug Testing............ ................ ........... ......... ..... ..... .... ........ ..... ....... .... .......... ..... 04-8
7 Drug Testing Procedures...................................................,.....:......................................8-10
8 Alcohol Testing Procedures ........................................................................................11-13
9 Information and Education ...............................................................................................14
10 Employee Referral, Evaluation and Treatment............................................................ 14-15
11 Consequences of a Drug or Alcohol Positive Test ...................................................... 15-16
12 Recordkeeping and Access to Facilities and Records .......................................................16
APPENDICES
A' City of Iowa City Substance Abuse Policy
B Safety Sensitive Positions Subject to Drug and Alcohol Testing Under 49 CFR Part 382
(FMCSA) and Part 655 (FT A)
C Contact Names
D Substance Abuse Professionals
E Support Groups and Resources
F Breath Alcohol Testing Form
G Effects of Alcohol and Drug Use
1/07
SECTION 1.INTRODUCTION!PURPOSE
This document describes the City of Iowa City's Substance Abuse Prevention Program for personnel
required to hold a Commercial Drivers License. The purpose of the program is to establish proce-
dures for the administration of the Department of Transportation (DOT) substance abuse prevention
program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, 49
CFR, Part 382 and Part 655. These regulations require employers to implement substance abuse
prevention programs if they employ safety-sensitive personnel who operate commercial motor
vehicles and who are required to have commercial drivers' licenses. This program will be
administered in accordance with 49 CFR Part 40, Part 382 and Part 655 and in a manner which
respects the integrity and privacy of employees to the greatest extent possible.
The designated employer representative (DER) for this policy is found in Appendix B.
SECTION 2. APPLICABILITY
The City has employees who drive commercial motor vehicles and who are required to have a
commercial drivers' license. A list of safety-sensitive positions. subject to drug and alcohol testing is
attached as Appendix C.
Employees and prospective employees shall be tested in accordance with requirements of 49 CFR
Part 40, Part 382, and Part 655.
For the purposes of this program, commercial motor vehicles iriclude:
a. A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed
unit with a gross weight of 10,000 pounds; or
b. A motor vehicle designed to transport 16 or more passengers, including the driver; or
c. A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR
Part 172, subpart F).
In the event of a conflict between this program and the provisions of 49 CFR, Part 382 or Part 655,
the provisions of the federal regulations will prevail.
SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE
Any person applying for a position with the City who refuses or fails a pre-employment drug test will
not be hired. Any employee covered by this policy who has engaged in prohibited drug and/or
alcohol use will not be allowed to perform safety-sensitive functions. Any employee covered by this
program who refuses or fails an alcohol or drug test will immediately be removed from performing
safety-sensitive functions.
Any employee covered by this program who refuses or fails an alcohol or drug test will receive
disciplinary action, up to and including termination, in accordance with the consequences listed in
Section 11.
1/07
SECTION 4. SAFETY-SENSITIVE FUNCTIONS
Safety-sensitive functions under Federal Motor Carrier Safety Administration (FMCSA) Guidelines
include:
a. Waiting to be dispatched, unless the City has relieved the employee from duty;
b. Inspecting, servicing, or conditioning any commercial motor vehicle at any time;
c. Driving time;
d. Time in or on any commercial motor vehicle;
e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle,
or remaining in readiness to operate the commercial motor vehicle;
f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial
motor vehicle;
Under Federal Transit Authority (FT A) Guidelines, safety-sensitive function means any of the follow-
ing duties:
a. Operating a revenue service vehicle, including when noi iri revenue service;
b. Operating a non-revenue service vehicle, when required to be operated by a holder of a
Commercial Driver's License;
c. Controlling dispatch or movement of a revenue service vehicle;
d. Maintaining a revenue service vehicle or equipment used in revenue service.
SECTION 5. PROHIBITED CONDUCT
5.1 prohibited Employee Conduct. Employees who engage in the following conduct will be
removed from safety-sensitive functions and will be subject to disciplinary action up to and
including discharge. .
a. Alcohol Concentration. Report for duty or remain on duty requiring the performance
of safety-sensitive functions while having an alcohol concentration of .04 mg/liter or
greater.
b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while pos-
sessing alcohol.
c. On-duty Use. Consume alcohol while performing safety-sensitive functions.
d. Pre-duty Use. Consume alcohol in the four hours prior to reporting for duty.
e. Post-accident Use. Consume alcohol in the 8 hours following an accident or until
undergoing a post-accident test.
2
1107
f. Refuse to Test. Refuse to submit to an alcohol or drug test. Refusal to 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:
. Failure to report in a timely manner to a collection site. Once notified an
employee is to immediately go directly to the testing site
. Failure to remain at the testing site until the testing process is complete.
. Refusal to fully cooperate in the collection of any breath/urine specimen. Failure
to sign the certification at Step 2 of the Alcohol Test Form.
. Refusal to remove a coat.
. 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 specimen.
. 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;
. 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
"shy bladder" procedures.
. Failure or decline to take a second test the City or collector has directed you to
take.
. In the case of a directly observed or monitored collection in a drug test, failure to
permit the observation or monitoring of your provision of a specimen.
. Providing false information in connection-with a drugtest.
. Diluting, adulterating or substituting a specimen.
. Failure to refrain from consuming alcohol within eight (8) hours following
involvement in an accident without first having submitted to post-accident
drug/alcohol tests.
. Failure to remain at the scene of an accident prior to submission to drug/alcohol
tests without a legitimate explanation.
. 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.
g. Use drugs. Report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver has used illegal drugs.
h. Test Positive for Drugs. Report for duty, remain on duty, or perform a safety-sensitive
function if tested positive for illegal drugs.
5.2 Prohibited Employer Conduct. The City, if having. actual knowledge that an employee is
engaging in any of the conduct listed above, will not allow the employee to drive or perform
any other safety-sensitive function. .
The City will not require an employee to sign a consent, release, waiver of liability, or
indemnification agreement with respect to any part of the drug or alcohol testing process
including corrections, laboratory testing, MRO and SAP services.
3
1/07
5.3 Other Prohibited Conduct. An employee whose test results indicate an alcohol concentration
of .02 or greater, but less than .04, will not be allow.ed to perform safety-sensitive functions
until the start of the employee's next regularly scheduled duty period, but not less than 24
hours following the alcohol test if under FHW A regulations or not less than 8 hours if under
FT A regulations.
SECTION 6. TYPES OF TESTING
Covered employees are subject to six types of drug and alcohol testing under the substance abuse
prevention program. Employees must have a verified negative to pass a drug test.
6.1 Pre-employment Testing. A pre-employment drug test will be conducted as follows:
a. A pre-employment drug test will be conducted when an individual is hired for a
position covered in this program. This requirement applies to both new employees
and current employees who transfer to a safety-sensitive position within the City. All
job offers are contingent upon passing the pre-emptoyment drug test.
b. Drug Specific Requirements:
1. The City will not hire any individual unless the covered employee/applicant
has taken a drug test with a verified negative test result.
2. If a covered employee/applicant has previously failed or refused a DOT pre-
employment drug test administered under this part, the covered
employee/applicant must provide the City proof of having successfully
completed a referral, evaluation and treatment plan as described in Section
655.62.
3. If a covered employee has not performed a safety sensitive duty for 90
consecutive days or more regardless of the reason, and the employee has not
been in the City's random selection pool, the covered employee must take a
pre-employment drug test with a verified negative result before returning to
safety sensitive duties.
4. The City will notify the covered employee/applicant of the results of a drug
test if the covered employee/applicant requests the results within 60 calendar
days of being notified of the City's decision regarding the covered
employee/applicant's employment application.
5. If the Medical Review Officer (MRO) cannot contact the covered
employee/applicant to advise them of a positive test" result, the MRO will
notify the DER. The DER will make reasonable efforts to contact and request
each covered employee/applicant who submitted a specimen under the
City's drug testing program to contact and discuss the results of the drug
testing program with the MRO. The DER will also immediately notify the
MRO that they have notified the covered employee/applicant to contact the
MRO within 24 hours.
6. Failure of a pre-employment drug test will disqualify an applicant from
employment in a safety sensitive position for a period of at least one year.
4
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6.2 Post-accident Testing. Under FMCSA and FTA regulations, when an accident involving a
commercial motor vehicle occurs, the City will require a drug and alcohol test on the
operator who was performing safety-sensitive functions with respect to the vehicle if the
accident involved the loss of human life.
"Accident" under the FMCSA is further defined as an incident where the driver receives a
citation under State or local law for a moving traffic violation arising from the accident if the
accident involved:
(1) bodily injury to any person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident or .
(2) one or more motor vehicles incurred disabling damage as the result of the accident,
requiring the motor vehicle to be transported away from the scene by a tow truck or other
motor vehicle.
The FT A further defines an accident as an occurrence in which:
(1) an individual suffers a bodily injury and immediately receives medical treatment away
from the scene of the accident, or
(2) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric
bus, van or automobile, one or more vehicles incurs disabling damage as the result of the
occurrence and is transported away from the scene by a tow truck or other vehicle.
Regulations further state that the employer shall test each covered employee operating the
mass transit vehicle at the time of the accident unless the City determines, using the best
information available at the time of the decision, that the covered employee's performance
can be completely discounted as a contributing factor to the accident. The employer shall
also test any other covered employee whose performance could have contributed to the
accident, as determined by the employer using the best information available at the time of
the decision.
All employees subject to this program will be tested as follows:
a. Drug Specific Requirements
1. The employee will be tested as soon as practicable, but no later than 32
hours after the acCident. Because certain drugs or drug metabolites do not re-
main in the body for extended periods of time, testing will be conducted as
soon as possible. If the drug test is not administered within 32 hours after the
accident, the City will cease attempts to administer the drug test and will
prepare and maintain records stating why the City did not administer the
tests promptly. .
2. All reasonable steps will be taken to obtain a urine sample from the employ-
ee after an accident. In case of a conscious but hospitalized employee, the
City will request the hospital or medical facility to obtain a urine sample and
if necessary, reference will be made to the DOT drug testing requirements. If
an employee is unconscious or otherwise unable to evidence consent to the
procedure, the medical facility shall collect the sample.
5
1/07
3. If an employee who is subject to post-accident testing is conscious, able to
urinate normally (in the opinion of a medical professional) and refuses to be
tested, that employee will be removed from duty as.an employee covered by
this policy. . .
b. Alcohol Specific Requirements
If the alcohol test is not administered within 2 hours post-accident the City will
prepare and maintain on file a record stating the reasons. If the alcohol test is not
administered within 8 hours post-accident the City will stop attempts to administer the
test and will prepare and maintain a record stating the reason.
c. An employee who is subject to post-accident drug and alcohol testing will remain
readily available for such testing. Any employee who fails to remain available for drug
and alcohol testing, or who otherwise leaves the scene of the accident without
appropriate authorization will be deemed to have refused to submit to testing.
However, the employee is allowed to get necessary emergency medical attention for
injured people, or, if necessary, to leave the scene of an accident for the period
necessary to obtain assistance in responding to the accident.
d. The City will provide employees with necessary information, procedures and instruc-
tions so that employees will be able to comply.
e. The City may use drug and alcohol (breath or blood) test results taken by Federal,
State, or local officials if such test results conform to applicable requirements and the
City obtains the results.
6.3 Random Testing. All employees subject to this program are subject to unannounced drug and
alcohol testing based on random selection. Random testing will be conducted as follows:
a. The City will ensure that random drug and alcohol tests are unannounced and spread
reasonably throughout the calendar year.
b. The City will maintain two selection pools based on the governing regulations: one
pool for FMCSA employees and one pool for FTA employees. The City will conduct a
sufficient number of completed tests to equal an annual. rate not less than the
minimum annual percentage rate for random testing.
1. Drug Specific Requirement. For drug testing, the number of employees to be
tested under FTA regulations will be equivalent to at least 25 percent (25%)
of the selection pool of employees every twelve (12) months. For drug
testing of employees to be tested under FMCSA regulations, the number of
employees to be tested will be equivalent to at least fifty percent (50%) of the
selection pool of employees every twelve (12) months
2. Alcohol Specific Requirement. For alcohol testing, the number of employees
to be tested under FTA regulations will be equivalent to at least ten percent
(10%) of the selection pool of employees every twelve (12) months. For
alcohol testing of employees to be tested under FMCSA regulations, the
number of employees to be tested will be equivalent to at least twenty-five
percent (25%) of the selection pool of employees every twelve (12) months.
The percentage of employees to be tested for alcohol misuse can be adjusted
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by the FMCSA or FT A Administrator to an amount between 10% and 50% of
all drivers based on violation rates for the industry.
c. All employees will be subject to random testing on each random testing date and will
have an equal chance of being tested each time selections are made. The random
selection procedure will employ a computer-based random number generator. As a
result of the random selection process, an employee may be tested more than once or
not at all during the calendar year.
d. An employee selected for random drug or alcohol testing will immediately proceed
directly to the test site. Failure to proceed directly to the test site will result in
disciplinary action, up to and including discharge.
e. The City will administer a random alcohol test to an employee only just before, while,
or just after the employee performs a safety-sensitive function.
f. The City may administer a random drug test to an employee at any time during on-
duty hours.
6.4 Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an
employee covered by this program is using a prohibited drug, or is using alcohol in a
prohibited manner, the City will require the employee to take a drug and/or alcohol test
(whichever is appropriate) as follows:
a. A decision to test must be based on specific contemporaneous, articulable observa-
tions concerning the appearance, behavior, speech or bodylbreath odors of the
employee.
b. The required observations for reasonable suspicion drug or alcohol testing must be
made by a trained supervisor or a trained City official.
c. The City will make a written record within 24 hours of the observations leading to a
reasonable suspicion test or before the results of the test are released, whichever is
earlier. The supervisor or City official who made the observations must sign this
record.
d. Alcohol Specific Requirements
1. The person who makes the determination that reasonable suspicion exists to
conduct an alcohol test may not conduct the alcohol test.
2. The observations must be made just before, while, or just after the employee
performs safety-sensitive functions.
3. If the test is not administered within 2 hours following the supervisor's obser-
vation and determination that a reasonable suspicion of alcohol violations
exists, the City will prepare and maintain on file a record stating the reasons.
If the alcohol test is not administered within 8 hours the City will stop
attempts to administer the test and will prepare and maintain a record stating
the reason. .
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4. The City will not permit an employee to perform or continue to perform
safety-sensitive functions if the City has a reasonable suspicion the employee
is using alcohol in a prohibited manner until:
(a) An alcohol test shows the employee's alcohol concentration as less
than .02; or
(b) 24 hours have elapsed following the determination of reasonable
suspicion.
5. Other than requiring an employee to take an alcohol test, the Commercial
Driver's license regulation (49 CFR Part 382 and 655) does not authorize the
City to take any action against the employee based solely on the driver's
behavior and appearance with respect to alcohol use until the employee
takes, or refuses to take, an alcohol test. However, the City will impose other
discipline as appropriate and lawful.
6.5 Return-ta-Duty Testing. Any employee who has engaged in prohibited drug or alcohol use
must undergo a drug or alcohol test before returning to duty requiring the performance of
safety-sensitive functions. The drug test must indicate a verified negative result for drug use.
The alcohol test must indicate an alcohol concentration of less than .02 immediately prior to
performing safety-sensitive functions.
6.6 Follow-up Testing.. An employee returned to duty in accordance with subsection 6.5 is
subject to follow-up testing:
a. Following a determination by a substance abuse professional that an employee needs
assistance in resolving drug or alcohol abuse problems, the City will administer
unannounced follow-up drug or alcohol testing as directed by a substance abuse
professional. At least 6 tests are required in the first 12 months following the em-
ployee's return to duty. The substance abuse professional may require the employee
to undergo additional controlled substances and alcohol testing for up to 60 months.
b. The City will conduct follow-up alcohol testing just before, while, or just after the
employee performs safety-sensitive functions.
c. The City may administer a follow-up drug test at any time durin~ on-duty hours.
SECTION 7. DRUG TESTING PROCEDURES
7.1 General Guidelines. The collection site for the drug testing portion of these procedures is
listed in Appendix B.
The following testing procedures will be followed in conducting tests under this program:
a. When an employee/applicant arrives at the site, a staff person shall ensure that the
employee/applicant is positively identified by use of a picture I.D. (driver's license,
City I.D.) or identification by the employer's representative.
b. Drug testing will be performed utilizing urine samples. A split sample method of
collection will be used.
c. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per-
formed.
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d. An applicant who is offered a position covered by this policy will be required to
report to the site for a scheduled test and provide a specimen of hislher urine.
e. Upon notification that a drug test is required, an employee will report immediately to
the site, and provide a specimen of his/her urine. The time allowed for employees to
report for drug testing after receiving notice will be travel time.
f. In the event of post-accident drug testing, employees will report to the site as soon as
possible, but no later than 32 hours after an accident has occurred. If the site is closed
the employee will report to the alternate site noted in Appendix C.
g. If the test result of the primary specimen is positive, the MRO will, if requested by the
employee within 72 hours after being notified of the test result, direct a DHHS-
certified laboratory to test the split specimen. The result of the second test will be
provided to the MRO. If the result of the second test fails to confirm the drugs found
in the primary sample, the test will be cancelled. A cancelled test is neither a positive
nor a negative test.
h. PrivacyfTest Procedures
The staff person shall ask the employee to remove any outer garments that might
conceal items that could be used to adulterate the employee's urine specimen.
Unless there is a reason to believe that a particular employee may alter or substitute
the specimen, procedures for collecting urine specimens will allow individual
privacy. Whenever possible a collection site representative and the DER will review
and agree in advance of any decision to obtain a specimen under the direct
observation of a same gender collection site person.
The following circumstances are grounds to believe the individual may tamper or has
tampered with a specimen and justify the use of monitoring procedures or direct
observation of the donation of the urine specimen:
1. The specimen falls outside the normal temperature range.
2. The last urine specimen provided by the employee did not meet the federal
regulations for specific gravity and creatin concentration'.
3. The collection site person observes conduct clearly and unequivocally indi-
cating an attempt to substitute or adulterate the sample.
4. In the case of follow-up testing, the employee has previously been deter-
mined to have used a controlled substance without medical authorization.
If there is reason to believe that the employee has altered or substituted the specimen,
a second specimen will be obtained as soon as possible under the direct observation
of a same gender staff person.
i. Any employee who adulterates a sample will be subject to disciplinary action.
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j. The employee will be asked to read and sign a statement on the custody and control
form. If specified by DOT agency or required by staff or the laboratory, the employee
may be required to sign a consent or release form" authorizing the collection and
analysis of the specimen and release of the results.
The employee may not be required to waive liability with respect to negligence on
the part of any person participating in the collection, handling or analysis of the
specimen or to indemnify any person for the negligence of others.
k. If the employee refuses to cooperate with the collection process, the collection site
person will inform the DER and will document the non-cooperation on the drug
testing custody and control form.
I. Dilute Negative Tests. If the laboratory notifies the MRO that the results of a test are a
dilute negative, the employee will be required to immediately undergo a non-
observed recollection. The results of the second test will stand as the results of record.
m. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40,
Procedures for Transportation Workplace Drug Testing Program. In the event of a
conflict between this program and the federal regulations, the federal regulations shall
prevail.
7.2 Collection Agencies (For Urine Specimens). The collection site for this program is listed in
Appendix B. The site will comply with all methods and procedures of 49 CFR Part 40 and
will provide required reports.
7.3 Medical Review Officer (MRO). The MRO for this policy is listed in Appendix B; The MRO
will comply will all methods and procedures set forth in 49 CFR Part 40 and will maintain
records and provide reports as required.
7.4 Test Results.
Negative: no action
Negative-dilute: retest
Positive: rule violation
Positive-dilute: rule violation
Test Refusal: rule violation
Insufficient Volume (medical explanation): cancelled testlno action
Insufficient Volume (no medical explanation): test refusal/rule violation
7.5 Testing Laboratory. The testing laboratory for this program is listed in Appendix B. The testing
laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide
annual reports to the City showing compliance. In the event that the designated laboratory is
unable to satisfactorily perform services required under this program, the City will designate
an alternative laboratory.
7.6 Records. Any employee who has undergone a drug test will, upon making a written request,
have access to any records relating to the employee's drug test and any records relating to the
results of any relevant certification, review, or revocation of certification proceedings.
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SECTION 8. ALCOHOL TESTING PROCEDURES
8.1 General Requirements. The alcohol-testing portion of these procedures will be administered
by the site listed in Appendix B who will act as an authorized agent for the City and will
provide testing services and certified Breath Alcohol Technicians (BAT). The general require-
ments for alcohol testing under this program are as follows:
a. Alcohol testing will be performed using breath samples.
b. Upon notification that an alcohol test is required, an employee will report for alcohol
testing and provide a breath specimen. The time allowed for employees to report for
alcohol testing after receiving notice will be travel time.
c. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR
Part 40.
8.2 Testing Sites (for alcohol breath tests). The testing site for this program is listed in Appendix
B. The site will comply with all methods and procedures of 49 CFR Part 40 and will provide
required reports. The testing site, acting as the City's agent, will document compliance with
all requirements of 49 CFR Part 40 regarding EBT quality assurance.
8.3 Screening Tests. Alcohol screening tests will be conducted in accordance with the following
procedures:
a. Only evidential breath testing devices (EBTs) will be used.
b. The Breath Alcohol Technician (BAT) and the employee will complete sections one
and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If the
employee refuses to sign this certification, the employee will be considered to have
refused to take the alcohol test.
c. An individually-sealed mouthpiece will be opened in front of the employee and the
BAT and will be attached to the EBT. The BAT will tell the employee to blow
forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an
adequate amount of breath has been obtained.
d. If the result of the test is an alcohol concentration of less than .02, the BAT will date
and sign the certification in Step 3 of the Breath Alcohol Testing Form. The employee
will sign the certification and fill in the date in Step 4 of the form. If the employee
does not sign Step 4 of the form, the BAT will note such failure in the "Remarks"
section of the form. The employee's failure to sign Step 4 of the form does not
constitute a refusal to be tested.
e. If a test result printed by the EBT does not match the result displayed on the EBT, the
BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing
Form. Both the employee and the BAT will initial the notation. In such a case, the test
is invalid and the BAT will inform the City and the employee that the test is invalid.
An invalid test is neither a positive nor a negative test.
f. If the test result is an alcohol concentration of less than .02, no further testing is autho-
rized for that particular test session. The Breath Alcohol Technician will transmit the
results to the DER in a confidential manner and the DER will store the test results.
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8.4 Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater,
another alcohol test will be completed to confirm the results. The confirmation test will be
administered as follows:
a. Waiting Period
1. The BAT will wait at least 15 minutes, but no longer than 20 minutes, (~T A
30 minutes) after the completion of the initial test before administering the
confirmation test.
2. The BAT will instruct the employee not to eat, drink, put any object or
substance in his or her mouth, and not to belch during the waiting period
before the confi rmation test.
3. The BAT will explain to the employee that the reason for the waiting period
and the restrictions on the employee's activities during that time is for the
employee's benefit to prevent any accumulation of mouth alcohol leading to
an artificially high reading.
4. The BAT will also explain to the employee that the test will be conducted at
the end of the waiting period, even if the employee has disregarded the
instruction regarding the limitation of activities during the waiting period.
5. If the BAT becomes aware that the employee has not complied with the
waiting period instruction, the BAT will so note in the "Remarks" section of
the Breath Alcohol Testing Form.
b. A new mouthpiece will be used for the confirmation test and the same procedures
will be used for administering the test as were used in administering the initial test.
c. If the initial and confirmation test results are not the same, the confirmation test result
is considered to be the final result upon which any action in regard to the employee
will be based.
8.5 Problems With Testing. The following is a list of procedures to be followed in the event of
testing problems:
a. Refusals to test and uncompleted tests
1. Refusal by an employee to complete and sign the Breath Alcohol Testing
Form Step 2, to provide an adequate amount of breath, or otherwise to
cooperate with the testing process in a way that prevents the completion of
the test, will be noted by the BAT in the "Remarks" section of the Breath
Alcohol Testing Form. The BAT will end the testing process and will imme-
diately notify the DER.
2. If a screening or confirmation test cannot be completed, or if an event occurs
that would invalidate the test, the BAT will, if practicable, begin a new test
using a new Breath Alcohol Testing Form.
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b. Inability of Employee to provide an adequate amount of breath
If an employee claims an inability, because of a medical condition, to provide an
amount of breath sufficient to complete a breath test, the following procedures will be
followed: .
1. Breath Alcohol Technician
(a) The BAT will tell the employee to try to provide an adequate amount
of breath. If the employee refuses to make the attempt, the BAT will
immediately inform the DER. .
(b) If the employee attempts and fails to provide an adequate amount of
breath, the BAT will so note in the "Remarks" section of the Breath
Alcohol Testing Form and immediately inform the DER.
2. City
(a) The DER will tell the employee to obtain, as soon as practical after the
attempted provision of breath, an evaluation from a licensed physician
concerning the employee's medical ability to provide an adequate
amount of breath.
(b) If the physician determines as a reasonable medical judgment that a
medical condition has prevented the employee from providing an
adequate amount of breath, the employee's failure to provide an
adequate amount of breath will not be considered a refusal to take the
test.
(c) If the physician is unable to determine that a medical condition has
prevented the employee froni providing an adequate amount of
breath, the employee's failure to provide an adequate amount of
breath wi II be considered a refusal to take the test subject to
disciplinary action.
(d) The physician will provide the employer a written statement of the
basis for the physician's conclusion.
8.6 Breath Alcohol Technician (BAD. BATs under this program shall meet all requirements of 49
CFR Part 40. The BAT will transmit all test results to the DER in a confidential manner. If the
results require the City to prevent the employee from performing a safety-sensitive function
the BAT will ensure the results are transmitted immediately. Such transmission may be in
writing, in person, by phone or electronically. If the initial transmission of test results is not in
writing, the BAT will follow the initial transmission by providing the DER with a copy of the
Breath Alcohol Testing Form.
8.7 Employer Responsibilities. The City will designate one or more designated employer
representatives (DER) for the purpose of receiving and handling alcohol testing results in a
confidential manner. All communications by BATs concerning alcohol test results will be to a
DER. The DER and alternates are listed in Appendix B.
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SECTION 9. INFORMATION AND EDUCATION
Every employee covered by this program will receive a copy of this policy at the time of hire.
Drug or alcohol counseling and/or rehabilitation is available for permanent employees
through the Employee Assistance Program listed in Appendix E; information about such
assistance is also displayed in the work area. Additional information is available through the
agencies listed in Appendix E.
SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT.
10.1 Employees Engaged In Prohibited Drug or Alcohol Use. An employee who has engaged in
prohibited conduct (See section 5) will be:
a. Immediately removed from the performance of safety-sensitive functions.
b. Advised by the City of resources available to the employee in evaluating and resolv-
ing drug or alcohol abuse problems including name, address, and phone number of
substance abuse professionals (SAP), see Appendix D.
c. Evaluated by a SAP to determine what treatment is necessary and follow all
recommendations of the SAP. If the levels of drugs do not decrease in a timely
manner the SAP will report this to the DER and the employee will be subject to
disciplinary action. .
d. Subject to return-to-duty drug and alcohol tests. The SAP will notify the City when the
employee is ready to take a return-to-duty test. For drugs, the employee must have a
negative test result before being allowed to perform safety-sensitive functions. For
alcohol, the employee must have a test result of 'Iess than .02 before being allowed to
perform safety-sensitive functions. A positive on a return-to-duty test will be
considered a second positive and subject to disciplinary action.
10.2 Employees Completing Treatment. An employee completing treatment will be:
a. Evaluated by a substance abuse professional (SAP) to determine that the employee has
successfully completed the treatment program;
b. Subject to unannounced follow-up drug or alcohol tests under. the following guide-
lines:
1. The number and frequency of follow-up tests will be determined by a SAP
and will consist of at a minimum of six tests in the first twelve months;
2. The City will direct the employee to undergo follow-up drug or alcohol tests
as determined by the SAP;
3. The SAP may require testing beyond the first twelve months, however,
follow-up testing will not exceed 60 months from the date of the employee's
return-to-duty; and
4. The SAP may end testing after the first six tests if they determine that such
tests are no longer necessary.
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10.3 Testing, Evaluation and Treatment Costs. The following shall apply to evaluation and treat-
ment services provided under this program:
a. Evaluation and rehabilitation must be performed by a substance abuse professional
(SAP); see Appendix D. The cost of evaluation by the SAP is the responsibility of the
employee. The cost of any required treatment is also the responsibility of the
employee.
b. The cost of drug and alcohol tests will be paid by the City for pre-employment, post-
accident, random and reasonable suspicion tests. If an employee requires return-to-
duty or follow-up testing, such costs shall be paid by the employee.
c. Sick leave accrual or other applicable accruals may be used for work time spent in
required counseling sessions if satisfactory documentation of attendance is provided.
Sick leave may not be used for time away from work for a SAP evaluation or while an
employee is waiting to take a return-to-duty test.
10.4 Scope. The policies governing the referral, evaluation and treatment of individuals do not
apply to applicants who refuse to submit to pre-employment tests or to applicants having a
verified positive pre-employment drug test result.
SECTION 11. CONSEQUENCES OF A DRUG OR ALCOHOL POSITIVE TEST
11.1 Permanent Employees.
a. Drug Test. The first time that a drug test is reported by the MRO as a positive test the
employee will be referred to a Substance Abuse Professional (SAP) for an evaluation
and treatment recommendation. The employee may not return to work until they
have completed the treatment program recommended by the SAP and have
successfully passed a return-to-duty drug test. During this period of time the employee
will be required to use applicable accruals. If an employee runs out of applicable
accruals before they are released to return to work they will be placed on an unpaid
leave of absence (subject to terms and conditions of the city Personnel Policies,
applicable Collective Bargaining Agreement or applicable City policy) for a limited
time until the employee has successfully completed the recommended treatment
program. In either case, an employee who cannot be at work and perform assigned
duties will receive disciplinary action in the form of a written warning for inability to
perform their assigned duties.
If an employee continues to use a controlled substance while being treated by a
Substance Abuse Professional or fails to comply with the recommended treatment the
employee will be subject to disciplinary action up to and including discharge. It is
expected that the amount of a controlled substance will decrease on subsequent tests
given under the direction of the SAP. Following return to work, the second time an
employee cannot perform their assigned duties because they test positive for illegal
drugs or have an alcohol concentration of .02 or greater the employee will be termi-
nated.
If an employee is tested for drugs as a result of reasonable suspicion, the employee
will be sent home following the test. If the test results are positive, the employee will
be charged with use of applicable accruals for this time and will be subject to the gui-
delines and discipline described above. If the tests results are negative, the employee
15
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will be paid for time spent awaiting the results of the test and no accruals will be
used.
b. Alcohol Test. An employee who tests positive for alcohor by having an alcohol
concentration of .04 or greater will be subject tothe same guidelines listed above for
positive drug tests.
An employee who has an alcohol concentration of .02 (or greater) but less than .04
will be sent home and not allowed to return to work until the appropriate time has
passed per the regulations (8 hours for FT A, 24 hours for FMCSA). While at home the
employee will be required to use applicable accruals. Any employee who is unable to
perform their assigned duties will receive disciplinary action in the form of a written
warning the first time. Following return to work, the second time an employee cannot
perform their assigned duties because they have an alcohol concentration of .02 or
greater or they test positive for drugs, the employee will be terminated.
11.2 Temporary/Seasonal Employees. If a temporary/seasonal employee has a reported positive
drug test or a reported alcohol concentration of .02 or greater, their employment will be
terminated immediately.
SECTION 12. RECORDKEEPING AND ACCESS TO FACILITIES AND RECORDS
The City agrees to maintain all records in accordance with 49 CFR Part 40, Part 382, and Part 655.
The City will not release employee information that is contained in drug or alcohol program records
except as required by law or expressly authorized by the employee. An employee is entitled, upon
written request, to obtain copies of any records pertaining to' the employee's use of drugs or alcohol,
including any test records. The City will give these records to the employee and will not make access
to the records contingent upon payment for records other than those specifically requested. The City
will release information regarding an employee's records as directed by the specific, written consent
of the employee authorizing the release of the information to an identified person and only in
accordance with the terms of the employee's consent.
The City may provide information to an employee or decision maker when a grievance or other
proceeding has been initiated by or on behalf of the employee which arises from the results of a drug
or alcohol test given by the City, or from the City's determination that the employee engaged in
prohibited conduct. Such proceedings may pertain, but are not limited, to workers compensation,
unemployment compensation or other benefits sought by the employee.
The City will provide records to subsequent employers upon written request from an employee or
former employee and only as expressly authorized by the terms of the employee or former
employee's request.
A copy of 49 CFR Part 40, Part 382, and Part 655 is on file and available for review in the office of
the DER (see Appendix C.). They are also available on the internet:
49 CFR Part 40 - http://transit-safety. volpe.dot.gov/safety/datesting/regu/ations/pdf/49cfr40.pdf
49 CFR Part 382 - http://www.fmcsa.dot.gov/ru/esregs/fmcsr/regs/382.htm
49 CFR Part 655 - http://transit-safety. volpe.dot.gov/safety/datesting/regu/ations/pdf/49cfr655.pdf
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APPENDIX A
THE CITY OF
IOWA CITY
Substance Abuse Policy
1.0 POLICY
The City of Iowa City is dedicated to providing safe, dependable, and economical services to our
citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide
a healthy, satisfying working environment. In meeting these goals, it is our policy to (1) assure
that employees are not impaired in their ability to perform assigned duties in a safe, productive,
and healthy manner; (2) create a workplace environment free from the adverse effects of drug
abuse and alcohol misuse; (3) prohibit the unlawful. manufacture, distribution, dispensing,
possession, or use of controlled substances; and (4) to encourage employees to seek profes-
sional assistance any time personal problems, including alcohol or drug dependency, adversely
affect their ability to perform their assigned duties.
2.0 PURPOSE
The purpose of this policy is to assure worker fitness for duty and to protect our employees and
the public from the risks posed by the misuse of drugs .or alcohol 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 goveming workplace anti-drug and alcohol programs, including the
federal Drug Free Workplace Act of 1988.
3.0 APPLICABILITY
This policy applies to all City employees including volunteers, contract employees and contractors
when they are on City property or when performing any City-related business. This policy applies
to off-site lunch periods or breaks when an employee is scheduled to return to work. Compliance
with the terms and requirements of this policy is a condition of employment for all employees.
Nothing herein relieves employees subject to the City of Iowa City Commercial Driver's License
Policy of their responsibilities under the Commercial Driver's License Policy.
4.0 PROHIBITED SUBSTANCES/BEHAVIORS
4.1 Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through
1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine
(PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug
Substance Abuse Policy
Rev. 11/05
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.
4.2 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.
4.3 Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing
containers of alcoholic beverages with a broken seal while on City premises or on duty.
5.0 PROHIBITED CONDUCT
5.1 Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of prohibited substances on City premises, in City
vehicles, in uniform, or while on City business, or from reporting to work following use of a
prohibited substance. Employees who violate this provision will be subject to disciplinary action
up to and including termination of employment. Law enforcement shall be notified, as appropriate,
where criminal activity is suspected.
5.2 Alcohol Use
No employee shall report for duty or remain on duty when his/her 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.
5.3 Treatment
The City recognizes that drug dependency is an illness and a major health problem. The City also
recognizes drug abuse as a potential health, safety and security problem. All employees are
encouraged to 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 falls to comply with City requirements for treatment, after care, or return to duty shall be
Substance Abuse Policy
Rev. 11/05
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.
5.4 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.
5.5 Proper Application of the Policy
The City of Iowa City is dedicated to assuring fair and equitable application of this substance
abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased
and impartial manner. Any supervisor who knowingly disregards the requirements of this policy,
or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to
disciplinary action, up to and including termination of employment.
6.0 TESTING PROCEDURES
6.1 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 an offer of employment. Receipt by
the City of a negative drug test result is required prior to employment. Failure of a pre-
employment drug test will disqualify an applicant for employment fora 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 goveming workplace anti-drug and alcohol programs.
6.2 Intoxication/Under the Influence
Employees are expected and required to report to work on time in an appropriate mental and
physical condition. Any employee who is reasonably suspected of being intoxicated, impaired,
under the influence of a prohibited substance, or not fit for duty shall be relieved of job duties
pending an investigation and verification of condition. Employees found to be under the influence
of prohibited substances or employees who fail to pass a drugor 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.
Substance Abuse Policy
Rev. 11/05
6.3 Reasonable Suspicion Testing
The City reserves the right to test employees when there is reasonable. suspicion that their work
performance or on-the-job behavior has been affected in any way by drugs or alcohol.
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 the smell of alcoholic beverages or drugs emanating from the
individual, slurred or incoherent speech, lack of manual.dexterity, reddened eyes or dilated
pupils, lack of or poor coordination, deterioration of work performance, changes in
appearance and demeanor, drowsiness, errors and irregularities in work performance.
3. Unexplained changes in behavior or personality such as abusive and/or erratic behavior,
insolence, or unusual insubordination.
4. A report of alcohol or other drug use while at work provided by a reliable and credible
source.
5. 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.
6.4 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 towingtremoval 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.
Following an accident, the employee will be tested as soon as possible, but 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.
Substance Abuse Policy
Rev. 11/05
7.0 CONSEQUENCES FOR POLICY VIOLATIONS
7.1 Positive Test Results.
An employee who is in his/her initial probationary period and receives a positive drug and/or
alcohol test result will have his/her 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 comply with
the treatment plan will result in termination of employment.
7.2 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.
7.3 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 his or her shift and shall immediately be placed on administrative leave pending
disciplinary action up to and including termination of employment.
7.4 Follow-Up.
Once retumed 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.
7.5 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. A test result is also invalid if a dilute negative sample (a drug test that is
negative for the five drugs or drug metabolites but has a specific gravity value lower than
expected for human urine) is provided. An invalid drug test is considered a positive test.
7.6 Violations
Violations of this policy will result in disciplinary actior.l,up to and including termination of
employment.
~
Stephen J. kins, ity Manager
JI/I!>/OS""
Date
Substance Abuse Policy
Rev. 11/05
Appendix B
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
CONTACT NAMES
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
Sylvia Mejia or successor
Personnel Administrator
410 E. Washington Street
Iowa city, IA 52240
(319) 356-5026
(319) 356-5027 (FAX)
Alternate (if Personnel Administrator is not available)
Karen Jennings or successor
Personnel Generalist
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5025
(319) 356-5027 (FAX)
COLLECTION SITE FOR DRUG AND ALCOHOL TESTS
Mercy Occupational Health or successor
540 E. Jefferson Street
Iowa City, IA 52240
Alternate site (if Occupational Health is not open)
Mercy Hospital Emergency Room or successor
500 E. Jefferson Street.
(Emergency Room entrance is on Bloomington Street)
DRUG TESTING LABORATORY
Quest Lab or successor
8915 Lenexa Drive
Overland Park, KS 66214
MEDICAL REVIEW OFFICERS (MRO)
Charles Buck, M.D. or successor
Brian Johns, M.D. or successor
Mercy Occupational Health
540 E. Jefferson, Suite 205
Iowa City, IA 52240
9/06
Appendix C
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SAFETY SENSITIVE POSITIONS
49 CFR, Part 382
EQUIPMENT:
Mechanic I
Mechanic II
Mechanic III
Shop Supervisor
Equipment Superintendent
CEMETERY:
MW III - Cemetery
FORESTRY:
MW I - Forestry
MW II - Forestry
Sr. MW - Forestry
CBD:
SOLID WASTE:
MW I - Refuse
MW 11- Refuse
MW III - Refuse
Ass!. Solid Waste Superintendent
STREETS:
MW I - Streets
MW II - Streets
MW 111- Streets
Sf. MW - Streets
Ass!. Streets Superintendent
Streets Superintendent
TRAFFIC ENGINEERING:
Electronics Tech
Electrician
WATER:
MW I Customer Service
MW II Water Service
Maintenance Operator
Sr. TPO
Sr. MW - Water Plant
Utilities Technician
WATER DISTRIBUTION:
MWII - Distribution
MWIII - Distribution
Sr. MW - Distribution
AIRPORT:
MWI
MW II - CBD
PARKS:
MW II - Parks
MW III - Parks
Sr. MW - Parks
Sr. MW - Turfgrass
Parks & Forestry Superintendent
WASTEWATER:
MWI
MWII
MWIII-WW
MW III - Collection
Sr. MW - Collection
Sr. MW - Plant
Maintenance Operator
TPO
Sr. TPO
LANDFILL:
Landfill- Operator
MW III - Landfill
Sr. MW - Landfill
Ass!. Landfill Sup!.
49 CFR, Part 655
TRANSIT:
Body Repair Mechanic
Mass Transit Operator
MW II - Transit
Transit Operations Supervisor
Transit Manager
Mechanic II - Transit
Mechanic III - Transit
Shop Supervisor - Transit
All employees working in temporary positions requiring a CDL.
1/07
Appendix D
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SUBSTANCE ABUSE PROFESSIONALS (SAP)
Synchrony Employee Assistance Program
438 Southgate Avenue
Iowa City, IA 52240
(319) 351-9072
Employee and Family Resources
Substance Abuse Services
505 5th Avenue, Suite 600
Des Moines, IA 50309
(515) 243-4200
1/07
Appendix E
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
SUPPORT GROUPS AND RESOURCES
City of Iowa City Employee Assistance Program - 351-9072
AI-Anon/Alateen - 338-9111
Alcoholics Anonymous - 338-9111 (answered 24 hrs.)
Crisis Center - 351-0140 (Crisis line)
- 351-2726 (Business line)
Dept. of Veterans Affairs Medical Center - 338-0581
Dept. of Veterans Affairs Medical Center, Outpatient Substance
Abuse Treatment Program - 338-0581, x5447
Dept. of Veterans Affairs Medical Center, Psychiatric Unit - 338-0581, x5409
Iowa Substance Abuse Information Center - (319) 398-5133
Mental Health Institute (Chemical Dependency) (319) 385-7231
Mid-Eastern Council on Chemical Abuse (MECCA) 351-4357
Mid-Eastern Iowa Community Mental Health Center - 338-7884
Narcotics Anonymous - 338-6704
Sedlacek Treatment Center (Substance Abuse) - (319) 398-6226
Chemical Dependency Services; University of Iowa Hospitals and Clinics - 384-8765
TOLL FREE NUMBERS
Alcohol Abuse - 1- 800-344-2666
Alcohol and Drug Information Referral line - 1-800-252-6465
American Council on Alcoholism Hot line - 1-800-356-9996
Center for Substance Abuse Treatment - 1-800-662-4357
Mothers Against Drunk Driving (MADD) - 1-800-438-6233
National Cocaine Hot line - 1-800-262-2463
National Institute on Drug Abuse Hot line - 1-800-662-HELP (4357)
Substance Abuse Information Center - 1-800-247-0614
human relied Idrugpol.doc
1/07
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A. Employer Name, Address, 1.0. No.
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MERCV OCCUPATIONAL HEALTH
54~ E JEFFERSON ST
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IOUA CITY III 52245
PH=J19-339-3921 FX=J19-339-J858
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MERCY OCCUPATIONAL HEALTH
54_ E.JEFFERSON ST
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PH:319-339-3921 FX:319-339-3858
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Appendix G
Substance Abuse Prevention Program
For Drugs and Alcohol
Fact Sheets
Drug Detectiou Periods
Detection periods vary; rates of metabolism and excretion are different for each drug
and use. Detection periods should be viewed as estimates. Cases can always be found
to contradict these approximations.
Drug Detectiou Period
Alcohol 12-24 hours
Amphetamines
Amphetamine 2-4 days
Methamphetamine 2-4 days
Cocaiue
Benzoylecgonine 12-72 hours
Caunablnoids (Marijuana)
Casual Use 2-7 days
Chronic Use Up to 30 days
Opiates
Codeine 2-4 days
Hydromorphone (DiIaudid) 2-4 days
Morphine for Heroin 2-4 days
Phencyclidine (pCP)
Casual Use 2-7 days
Chronic Use Up to 30 days
Alcohol Fact Sheet
Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It
is considered a recreational beverage when consumed in moderation for enjoyment and relaxation
during social gatherings. However, when consumed primarily for its physical and mood-altering
effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively
impairs mental functions.
Signs and Symptoms of Use
. Dulled mental processes
.
. Lack of coordination
. Odor of alcohol on breath
. Possible constricted pupils
. Sleepy or stuporous condition
. Slowed reaction rate
. Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant substance.)
Health Effects
The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [1
ounce], or wine [6 ounce glass]) over time may result in the following health hazards:
. Decreased sexual functioning
. Dependency (up to 10 percent of all people who drink alcohol become physically and/or
mentally dependent on alcohol and can be termed "alcoholic")
. Fatal liver diseases
. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant
melanoma
. Kidney disease
. Pancreatitis
. Spontaneous abortion and neonatal mortality
. Ulcers
. Birth defects (up to 54 percent of all birth defects are alcohol related)
Social Issues
...
. Two-thirds of all homicides are committed by people who drink prior to the crime.
. Two to three percent of the driving population is legally drunk at anyone time. This rate is
doubled at night and on weekends.
o Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their
lifetimes.
o The rate of separation and divorce in families with alcohol dependency problems is 7 times the
average.
o Forty percent of family court cases are alcohol problem related.
o Alcoholics are IS times more likely to commit suicide than are other segments of the population.
o More than 60 percent of burns, 40 percent of faIls, 69 percent of boating accidents, and 76 percent
of private aircraft accidents are alcohol related.
The Annual ToU
o 24,000 people will die on the nation's highways due to the legaIly impaired driver.
o 12,000 more wiIl die on the nation's highways due to the alcohol-affected driver.
o 15,800 wiIl die in non-highway accidents.
o 30,000 wiIl die due to alcohol-caused liver disease.
o ]0,000 wiIl die due to alcohol-induced brain disease or suicide.
o Up to another ]25,000 will die due to alcohol-related conditions or accidents.
Workp]aee Issues
o It takes one hour for the average person (150 pounds) to process one serving of an alcoholic
beverage from the body.
o Impairment in coordination and judgment can be objectively measured with as little as two drinks
in the body.
o A person who is legaIly intoxicated is 6 times more likely to have an accident than a sober
person.
Amphetamine Fact Sheet
Amphetamines are central nervous system stimulants that speed up the mind and body. The physical
sense of energy at lower doses and the mental exhilaration at higher doses are the.reasons for their abuse.
Although widely prescribed at one time for weight reduction and mood elevation, the legal use of
amphetamines is now limited to a very narrow range of medical conditions. Most amphetamines that are
abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely
manufactured in crude laboratories.
Description
. Amphetamine is sold in counterfeit capsules or as white, flat, double-scored "mini-bennies." It is
usually taken by mouth.
. Methamphetamine is otten sold as a creamy white and granular powder or in lumps, and is packaged
in aluminum foil wraps or sealable plastic bags. Methamphetamine may he taken orally, injected, or
snorted into the nose.
. Trade/street names include Biphetamine, Delcohese, Desotyn, Detedrine, Chetrol, Ritalin, Speed,
Meth, Crank, Crystal, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
. Hyperexcitability, restlessness
. Dilated pupils
. Increased heart rate and blood pressure
. Heart palpitations and irregular beats
. Profuse sweating
. Rapid respiration
. Confusion
. Panic talkativeness
. Inability to concentrate
. Heightened aggressive hehavior
Health Effects
. Regular use produces strong psychological dependence and increasing tolerance to the drug.
. High doses may cause toxic psychosis resembling schizophrenia.
. Intoxication may induce a heart attack or stroke due to spiking of blood pressure.
. Chronic use may cause heart and brain damage due to severe constriction of capillary blood vessels.
. The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre and
violent acts.
. Withdrawal from the drug may result in severe physical and mental depression.
Workplace Issues
. Since amphetamines alleviate the sensation of fatigue, they may he abused to increase alertness
because of unusual overtime demands or failure to get rest.
. Low-dose amphetamine use will cause a short-term improvement in mental and physical
functioning. With greater use or increasing fatigue, the effect reverses and has an impairing
effect. Hangover effect is characterized by physical fatigue and depression, which may make
operation of equipment or vehicles dangerous.
Cocaine Fact Sheet
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental
stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster
and stronger, and the body bums more energy. The brain experiences an exhilaration caused by a large
release of neurohormones associated with mood elevation.
Description
. The source of cocaine is the coca bush, grown almost exclusively in the mountainous regions of
northern South America.
. Cocaine Hydrochloride - "snorting coke" is a white to creamy granular or lumpy powder that is
chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or
injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per "line" (about
60 to 90 milligrams). Common paraphernalia include a single-edged razor blade and a small
mirror or piece of smooth metal, a half straw or metal tube, and a small screw cap vial or folded
paper packet containing the cocaine.
. Cocaine Base - a small crystalline rock about the size of a small pebble. It boils at a low
temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and
the vapor is inhaled. The effect is felt within 7 seconds. Common paraphernalia includes a
"crack pipe" (a small glass smoking device for vaporizing the crack crystal) and a lighter,
alcohol lamp, or small butane torch for heating. .
. Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow.
Signs and Symptoms of Use
. Financial problems
. Frequent and extended absences from meetings or work assignment
. Increased physical activity and fatigue
. Isolation and withdrawal from friends and normal activities
. Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls
. Unusual defensiveness, anxiety, agitation
. Wide mood swings
. Runny or irritated nose
. Difficulty in concentration
. Dilated pupils and visual impairment
. Restlessness
. Formication (sensation of bugs crawling on skin)
. High blood pressure, heart palpitations, and irregular rhythm
. Hallucinations
. Hyperexcitability and overreaction to stimulus
. Insomnia
. Paranoia
. Profuse sweating and dry mouth
. Talkativeness
Health Effects
. Research suggests that regular cocaine use may upset the chemical balance of the brain. As a
result, it may speed up the aging process by causing irreparable damage to critical nerve cells.
The onset of nervous system illnesses such as Parkinson's disease could also occur.
. Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure. In
addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to
ruptured vessels causing strokes or heart attacks.
. Strong psychological dependency can occur with one "hit" of crack. Usually, mental dependency
occurs within days (crack) or within several months (snorting coke). Cocaine causes the strongest
mental dependency of any known drug.
. Treatment success rates are lower than for other chemical dependencies.
. Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose is
rapid. The fatal effects of an overdose are not usually reversible by medical intervention. The
number of cocaine overdose deaths has tripled in the last 4 years.
. Cocaine overdose was the second most common drug emergency in 1986 - up from II tb place in
1980.
Workplace issues
. Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction.
. Lapses in attention and ignoring warning signals greatly increase the potential for accidents.
. The high cost of cocaine frequently leads to workplace theft and/or dealing.
. A developing paranoia and withdrawal create unpredictable and sometimes violent behavior.
. Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed
assignments.
Cannabinoids (Marijuana) Fact Sheet
Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use
marijuana for the mildly tranquilizing and mood- and perception-altering effects it produces.
Description
. UsualIy sold in plastic sandwich bags, leaf marijuana wilI range in color from green to light tan.
The leaves are usually dry and broken into small pieces. The seeds are oval with one slightly
pointed end. Less prevalent, hashish is a compressed, sometimes tarlike substance ranging in
color from pale yelIow to black. It is usualIy sold in small chunks wrapped in aluminum foil. It
may also be sold in any oily liquid.
. Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and
Incense.
. Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are
commonly used. Smoking "bongs" (large bore pipes for inhaling large volumes of smoke) can
easily be made from soft drink cans and toilet paper rolls.
. Trade/street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold,
Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
. Reddened eyes (often masked by eyedrops)
. Slowed speech
. Distinctive odor on clothing
. Lackadaisical "I don't care" attitude
. Chronic fatigue and lack of motivation
. Irritating cough, chronic sore throat
Health Effects
General
. When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema-
like conditions.
. One joint causes the heart to race and be overworked. People with undiagnosed heart conditions
are at risk.
. Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious
respiratory tract and sinus infections.
. Marijuana smoking lowers the body's immune system response, making users more susceptible
to infection. The U.S. government is actively researching a possible connection between
marijuana smoking and the activation of AIDS in positive human immunodeficiency virus
(HIV) carriers.
Pregnancy Problems and Birth Defects
. The active chemical, tetrahydrocannabinol (THe), and 60 other related chemicals in marijuana
concentrate in the ovaries and testes.
. Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone, and an
increase in estrogen, the female sex hormone. The result is a decrease in sperm count, which
can lead to temporary sterility. Occasionally, the onset of female sex characteristics including
breast development occurs in heavy users.
. Chronic smoking of marijuana in females causes a decrease in fertility and an increase in
testosterone.
. Pregnant women who are chronic marijuana smokers have a higher than normal incidence of
stillborn births, early termination of pregnancy, and higher infant mortality rate during the fIrst
few days oflife.
. In test animals, THC causes birth defects, including malformations of the brain, spinal cord,
forelimbs, and liver and water on the brain and spine.
. Offspring of test animals who were exposed to marijuana have fewer chromosomes than
normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are
concluding that the use of marijuana by either or both parents, especially during pregnancy,
leads to specifIc birth defects of the infant's feet and hands.
. One of the most common effects of prenatal cannabinoid exposure is underweight newborn
babies.
. Fetal exposure may decrease visual functioning and causes other ophthalmic problems.
Mental Function
Regular use can cause the following effects:
. Delayed decision-making
. Diminished concentration
. Impaired short-term memory, interfering with learning
. Impaired signal detection (ability to detect a brief flash of light), a risk for users who are
operating machinery
. Impaired tracking (the ability to follow a moving object with the eyes) and visual distance
measurements
. Erratic cognitive function
. Distortions in time estimation
. Long-term negative effects on mental function known as "acute brain syndrome," which is
characterized by disorders in memory, cognitive function, sleep patterns, and physical conditions.
Acute Effects
. Aggressive urges
. Anxiety
. Confusion
. Fearfulness
. Hallucinations
. Heavy sedation
. Immobility
. Mental dependency
. Panic
. Paranoid reaction
. Unpleasant distortions in body image
Workplace Issues
. The active chemical, THC stores in body fat and slowly releases over time. Marijuana smoking
has a long-term effect on perfonnance.
. A 500 to 800 percent increase in THC concentration in the past several years makes smoking
three to five joints a week today equivalent to 15 to 40 joiI)ts a week in 1978.
. Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect,
increasing the impairing effect of both the depressant and marijuana.
Opiates (Narcotics) Fact Sheet
Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and reactions,
and when taken in large doses, cause a strong euphoric feeling.
Description
. Natural and natural derivatives - opium, morphine, codeine, and heroin.
. Synthetics - meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (percodan)
. May be taken in pill form, smoked, or injected, depending upon the type of narcotic used.
. Trade/street names include Smack, Horse, Emma, Big D, DoJlies, Juice, Syrup, and China White.
Signs and Symptoms of Use
. Mood changes
. Impaired mental functioning and alertness
. Constricted pupils
. Depression and apathy
. Impaired coordination
. Physical fatigue and drowsiness
. Nausea, vomiting, and constipation
. Impaired respiration
Health Effects
. IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of needles.
. Narcotics increase pain tolerance. As a result, people could more severely injure themselves or
fail to seek medical attention after an accident due to the lack of pain sensitivity.
. Narcotics' effects are multiplied when used in combination with other depressant drugs and
alcohol, causing increased risk for an overdose.
Social Issues
. There are over 500,000 heroin addicts in the United States most of whom are IV needle users.
. An even greater number of medicinal narcotic-dependent persons obtain their narcotics through
prescriptions.
. Because of tolerance, there is an ever-increasing need for more narcotics to produce the same
effect.
. Strong mental and physical dependency occurs.
. The combination of tolerance and dependency creates an increasing financial burden for the user.
Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
. Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place
the legitimate user and abuser at higher risk for an accident.
. Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause impairment
of physical and mental functions.
Phencyclidine (PCP) Fact Sheet
Phencyclidine (PCP) was original1y developed as an anesthetic, but the adverse side effects
prevented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant and a
hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-altering effects.
Low doses produce sedation and euphoric mood changes. The mood can change rapidly from sedation to
excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a
blank stare with the eyelids half closed. Sudden noises or physical chocks may cause a "freak out" in
which the person has abnormal strength, extremely violent behavior, and an inability to speak or
comprehend communication.
Description
. PCP is sold as a creamy, granular powder and is often packaged in one-inch square aluminum foil
or folded paper "packets."
. It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with procaine,
a local anesthetic, and sold as imitation cocaine.
. Trade/street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
. Impaired coordination
. Severe confusion and agitation
. Extreme mood shifts
. Muscle rigidity
. Nystagmus (jerky eye movements)
. Dilated pupils
. Profuse sweating
. Rapid heartbeat
. Dizziness
Health Effects
. The potential for accidents and overdose emergencies is high due to the extreme mental effects
combined with the anesthetic effect on the body.
. PCP is potentiated by other depressant drugs, including .alcohol, increasing the likelihood of an
overdose reaction.
. Misdiagnosing the hal1ucinations as LSD induced, and then treating with Thorazine, can cause a
fatal reaction.
. Use can cause irreversible memory loss, personality changes, and thought disorders.
. There are four phases to PCP abuse. The flTStphase is acute toxicity. It can last up to 3 days and
can include combativeness, catatonia, convulsions, and coma. Distortions of size, shape, and
distance perception are common. The second phase, which does not always follow the first, is a
toxic psychosis. Users may experience visual and auditory delusions, paranoia, and agitation. The
third phase is a drug-induced schizophrenia that may last a month or longer. The fourth phase is
PCP-induced depression. Suicidal tendencies and mental dysfunction can last for months.
Workplace Issues
. PCP abuse is less common today than in recent years. It is also not general1y used in a workplace
setting because of the severe disorientation that occurs.
Humanre1\manuals\appendixgCacts.doc
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Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5041
RESOLUTION NO. 07-36
RESOLUTION ESTABLISHING POLICY FOR MICROFilMING AND ELECTRONIC IMAGING;
AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE.
WHEREAS, Chapter 372.13(5) of the Code of Iowa expressly authorizes retention of documents, or accurate
reproductions; and
WHEREAS, subsequent chapters of the Iowa Code expressly mention microfilming; and
WHEREAS, microfilming and electronic imaging of records greatly reduce storage requirements and
reproductions satisfy statutory retention requirements; and
WHEREAS, Resolution No. 00-409 established a policy for microfilming of documents in the City Clerk's office;
and
WHEREAS, the Council wishes to formally establish a policy for electronic imaging in the City Clerk's office and
amend the existing procedure for microfilming and destruction of records and documents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA:
1) That Resolution No. 00-409 is hereby repealed.
2) That records and documents in the City Clerk's office be microfilmed, electronically imaged and
destroyed in accordance to the schedule attached.
Passed and approved this 6th
day of Februarv
,20 07 .
(?J L- ( _ )~{L.,.
MAYOR -
~
ATTEST: ~u~ _oJ 7'f/. ~
CIT LERK
Au:!y DM.
City AtlOr~:s Office ,/ rt/ >> 7
Clerk/res/microfilm.doc
Resolution No.
Page ?
07-1(;
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
y
y
x
x
y
Bailey
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilbum
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Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. n7-17
RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 20, 2007, TO
CONSIDER THE CONVEYANCE OF THE PORTION OF MCLEAN STREET
LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN
MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS
WHEREAS, On February 20, 2007, the City Council may consider final passage of an ordinance
vacating a 300' long by 25' wide portion of McLean Street located between Lexington Avenue and
Hutchinson Avenue in Manville Heights Addition;
WHEREAS, the adjacent properties on both sides of this portion of McLean Street, Ian and Laura
Law of 406 Lexington Avenue, Robert and Kathleen Staley of 405 Hutchinson Avenue, John and
Virginia Stamler of 358 Lexington Avenue and Kevin O'Brien of 351 Hutchinson Avenue, have
each made offers to purchase the half of the alley adjacent to their properties;
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area; and
WHEREAS, a private utility easement should be retained to protect a MidAmerican gas line
currently located in the right-of-way.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to consider the conveyance of the 300' long by
25' wide portion of McLean Street located between Lexington Avenue and Hutchinson Avenue
in Manville Heights Addition, subject to the necessary private utility easement, to the above-
referenced adjacent property owners.
2. A public hearing on said proposal should be and is hereby set for February 20, 2007, at
7:00 p.m. in Emma Harvat Hall of the Civic Center, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Passed and approved this 6 t h
d"m ~U2:&t.
MAYOR
-
,k"/cJ7 ATTEST: ~CL~R~.,f/. ~
Resolution No.
Page 7
07-17
It was moved by Chamoion and seconded by
adopted. and upon roll call there were:
O'Donnell
the Resolution be
AYES:
NAYS:
y
y
y
x
x
x
x
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M~
#
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Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00016)
RESOLUTION NO. 07-38
RESOLUTION APPROVING THE FINAL PLAT OF STONE BRIDGE
ESTATES - PART FIVE, IOWA CITY,IOWA.
WHEREAS, the owner/subdivider, Arlington Development LLC, filed with the City Clerk of Iowa
City, Iowa, the final plat of Stone Bridge Estates - Part Five, Iowa City, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of
the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal
Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as
follows:
BEGINNING at the Southeast comer of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with
the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's
Office; Thence NOoo29'10"W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the
Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof
Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence
Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of
a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54039'08"E; Thence
S58004'53"E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates,
Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the
Records of the Johnson County Recorder's Office; Thence S4300T03"W, along said West line, 27.89
feet, to the Southwest corner thereof; Thence S54042'57"E, along the Southerly line of said Stone Bridge
Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius
curve, concave Northwesterly, whose 88.76 foot chord bears S42039'50"W; Thence S3904T23"E, 130.07
feet; Thence N5503T36"E, 26.19 feet; Thence S41038'39"E, 122.07 feet; Thence Northeasterly, 22.54
feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears
N47"39'26"E; Thence S43002'28"E, 83.33 feet; Thence S76048'42"E, 120.00 feet; Thence N6600T50"E,
35.78 feet; Thence S58011'56"E, 189.00 feet; Thence S31048'04"W, 27.01 feet; Thence Southwesterly,
10.77 feet, along an arc of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord
bears S33033'53"W; Thence S54040'18"E, 233.77 feet, to a point on the Westerly line of Windsor Ridge-
Part Twenty-One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93,
of the Records of the Johnson County Recorder's Office; Thence S31048'04"W, along said Westerly line,
79.33 feet; Thence S09005'14"W, along said Westerly line, 141.13 feet, to the Southwest corner thereof;
Thence Northwesterly, 139.59 feet, along the Northerly Right-of-Way line of Court Street, and an arc of a
1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78051'45"W; Thence
N76048'42"W, along said Northerly Right-of-Way line, 293.93 feet; Thence Northwesterly, 601.06 feet,
along said Northerly Right-of-Way line, and an arc of a 2926.05 foot radius curve, concave Southwesterly,
whose 600.01 foot chord bears N82041'47"W, to said POINT OF BEGINNING, containing 12.92 acres,
and subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
after due deliberation, recommended acceptance and approval of the plat; and
Resolution No. n7-1R
Page 2
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The final plat of Stone Bridge - Part Five, Iowa City, Iowa located on the above-described
real estate is hereby approved.
2. The City accepts the dedication of the street, easements and public open spaces as
provided by and specifically sets aside portions of land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat
at the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this 6th
day of Februarv ,20--..O.L.
~ (_ JA~
MAYOR
ATTEST: ~J:_..:J ~ ~
CI CLERK
APprov~
.'&
,.fittor ey's Office
~I /fJ7
It was moved by Chamoion and seconded by
adopted, and upon roll call there were:
C.orrp-ia
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliot
O'Donnell
Vanderhoef
Wilbum
1<
1<
X
X
y
1<
1<
pcdIstaff reports/reslFinat-resSUB06-OO016 Stone Bridge Part 5.doc.doc
._.~-_.__._-_._~---------~.~----~.._._----_._.."- ------..-.-..--...---------.---.--..-..--
City of Iowa City
MEMORANDUM
c,(t
Date:
January 18, 2007
To:
Planning and Zoning Commission
From:
Robert Miklo
Re:
SUB06-00016 Stone Bridge Estates - Part 5
At your December 7 meeting, the Commission recommended approval of the final plat of
Stone Bridge Estates - Part 5. The Fire Marshall had raised a concern that the final plat
would result in an approximately 150 foot long temporary gap in the north and south portions
of Eversull Lane. The gap would have been paved with a future phase of the subdivision.
To provide for better emergency access the Fire Marshall requested that Eversull Lane be
completed with Part 5. The applicant agreed to provide temporary turn arounds at each
stub of Eversull Lane instead of connecting the street. Although not ideal, this was
acceptable to the Fire Marshall.
Prior to proceeding to the City Council, the applicant decided to submit a revised plat that
includes the connection of the two parts of Eversull Lane. Lots 36 and 37 have been added
to the northwest side of the street.
Staff recommends approval of SUB06-00016, the final plat for Stone Bridge Estates Part 5,
a 37-lot, 12.92-acre residential subdivision located north of Court Street, east of Camden
Road and west of Huntington Drive, subject to staff approval of construction drawings and
legal papers prior to City Council consideration.
Attachment:
Revised Final Plat
~--------------~-----_._---_._----~----_._-_._--
Final Plat
STONE BRIDGE ESTATES, PART FIVE
Iowa City, Iowa
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To: Planning & Zoning Commission
Item: SUB06-00016
Stone Bridge Estates - Part Five
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
60 Day Limitation Period:
STAFF REPORT
Prepared by: Sunil Terdalkar
Date: December 7,2006
Applicant: Arlington Development, Inc.
1486 S 1st Ave, Unit A,
Iowa City, IA 52240
(319) 338-8058
Duane Musser
MMS Consultants
1917 S Gilbert Street,
Iowa City, IA 52240
(319) 338-8282
Subdivision Final Plat
Development of a 35-lot residential subdivision
North of Court Street, east of Camden Road and
west of Huntington Drive
Approximately 12.37 acres
OPD-5
North: Undeveloped, Residential - RS-5, OPD-5
South: Residential - RS-5, OPD-8
East: Residential- RM-12
West: Residential-OPD/RM-12
Low Density Residential
Lower West Branch
November 30, 2006
January 15, 2006
January 30, 2006
2
BACKGROUND INFORMATION:
The applicant, Arlington Development, Inc., is requesting approval for a 35-lot, single-family
residential subdivision with two outlots, On approximately 12.37 acres of land located north of
Court Street, east of Camden Road, and west of Huntington Drive. The property is part of the
49.05-acre area, which was recently rezoned from Low Density Single-Family Residential (RS-5)
to Planned Development Overlay/Low Density Single-Family Residential (OPD-5) zone. The
OPD zoning was required due to the disturbance of more than 35% of the critical slopes on the
property. The City Council has also approved a preliminary plat for a 139-lot residential
subdivision on this land. The final plat under consideration is the first phase of the approved
preliminary plat.
ANALYSIS:
The final plat as submitted is, in general, consistent with the preliminary plat. With this plat, 35
single-family lots will be added to the overall Stone Bridge Estates development. Construction.
plans and legal papers have been submitted and are being reviewed by the City Engineer and the
City Attomey.
As part of this subdivision four new streets will be installed. Arlington Drive provides primary
access to the proposed subdivision and Whitechaple Drive will connect to the existing street
network on the north. Three of the streets however will be stub streets until future phases of the
development are completed. To facilitate better fire safety a temporary turnaround is required to
be constructed at the end of such streets. Temporary turnarounds are required at the north end
of Colchester Drive and Eversull Lane as part of the required improvements for the proposed
subdivision. The applicant has agreed to build temporary turnaround on both the dead ends.
When previous phase of Stone Bridge Estates was developed, a temporary turnaround was not
built at the southern end of Eversull Lane. Considering the distance between the two dead-ends
on Eversull Lane (approximately 170 feet) , the Fire Marshall has strongly recommended that
Eversull Lane should be completed to improve better access and fire safety. The applicant is
instead proposing to build another temporary turnaround on the southern end of the existing
portion of Eversull Lane.
A branch of the Ralston Creek runs though this property. Most of the area along the creek is to
be set aside as private open space. This phase of the subdivision includes Outlot D, which
extends from the Arlington drive on the east along Court Street to the west boundary on the
subdivision. Outlot D is to be controlled by a homeowner's association. A 15-foot wide trail
easement is located within Outlot D to allow the extension of the existing trail system. The trail
is to be built by the applicanUowner with an easement to allow public access. The trail will follow
the creek and will eventually connect to the wide sidewalk along Lower West Branch Road.
Building of this trail will partially fulfill one of the conditions in the Conditional Zoning Agreement
and the Northeast District Plan goals.
The applicant is also responsible for installing a sidewalk along the southern boundary of the
property. The portion of the sidewalk between Arlington Street and Huntington Drive should be
a wide (8-foot) sidewalk, to connect the exiting trail network south of Court Street to the
proposed trail along Ralston Creek. The City is responsible for the expense incurred to install
the additional width of the sidewalk.
The Comprehensive Plan and the subdivision regulations discourage double fronting lots and if
PCD\Staff Reports\sub06-00016 stonebridgepart5-final
3
the lots cannot be reconfigured to eliminate double frontage, the Comprehensive Plan states that
a dense landscape buffer or earthen berm should be provided rather than installing a privacy
fence. Outlot D has been designed to eliminate such double frontage and will have landscape
buffer, with a mix of evergreen trees along Court Street. Such landscape buffer will also be
installed for the proposed lot 9, as this is a double fronting lot. The trees and plants are to be
installed by the developer/owner prior to the issuance of any building permits for these lots. If any
fences are installed along Court Street, they should be installed to the north side of the landscape
buffer. The legal papers should specify the requirement regarding the fences and the landscape
buffer.
The applicant is providing onsite storm sewer infrastructure and drainage ways to convey storm
water to the creek, which will convey the 100-year storm water runoff to the public storm water
management facility-Scott Park Stormwater Detention Facility located on the south branch of
Ralston Creek. No separate storm water management facility on the property is required.
Infrastructure fees:
The applicant/owner is required to pay a water main extension fee at a rate of $395 per acre for
this development (a total of $ 4,886.15).
STAFF RECOMMENDATION:
Staff recommends approval for SUB06-00016, a final plat for Stone Bridge Estates Part 5, a 35-
lot residential subdivision, on approximately 12.37 -acre land located north of Court Street, east
of Camden Road and west of Huntington Drive, subject to staff approval of construction
drawings and legal papers prior to City Council consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
~~.
PCD\Slaff Reports\sub06-DOO16 slonebridgepart5-final
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SITE LOCATION: Stone Bridge Estates Part 5 SUB06-00016
Final Plat
STONE BRIDGE ESTATES, PART FIVE
Iowa City, Iowa
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CITY OF IOWA CITY
MEMORANDUM
crJ
Date:
To:
From:
January 29, 2007
City Council /1 U'
Wendy Ford 'V6
Economic Development Coo dinator
Economic Development Policies & Strategies, 2006-2007
Re:
On January 23, 2007, the Economic Development Committee approved the following
Policies and Strategies for Economic Development.
The policies, for the most part, are those that were initially adopted in August of 1995,
with a minor revision to Policy 2 which changed the focus of workforce development
from attracting the right jobs for people to developing people's skills for the jobs in our
market. Likewise, the targeted industries list has not changed from that adopted in
1995.
The first step in revisiting the strategies was an examination of the City's strengths,
weaknesses, opportunities and threats, which illuminated the landscape within which
economic development activities should be approached.
Next, the committee developed a vision statement. With the vision in mind, the
committee wrote a mission/goal statement and determined 4 (four) areas of focus, or
objectives to be used as an outline for a plan of work. The committee required that the
objectives include measurable outcomes and support the mission statement which in
turn, supports the vision.
VISION
Iowa City aspires to be a global community defined by the creativity, diversity and
innovation of its citizens and businesses.
MISSION/GOAL
To achieve a vibrant local economy.
OBJECTIVES
1. Foster the retention and expansion of primary sector existing business and attract
new business to Iowa City.
2. Support the development of downtown to ensure a healthy mix of retail, services,
entertainment, office, residential, lodging, and nightlife.
3. Assist in the development of entrepreneurial businesses in Iowa City.
4. Develop local work force to meet the needs of jobs in our market.
Finally, strategies to achieve the objectives were written and are being incorporated into
a two-year time and budget-based program of work for which the Economic
Development Coordinator is responsible and accountable.
'-"-'--"-~~'-_._--'-'._-~-----"'~---'--'----
M~
7
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington 51., Iowa City, IA 52240
(319) 356-5248
RESOLUTION NO. 07-39
RESOLUTION RESCINDING RESOLUTION NO. 95-258 AND ADOPTING NEW
ECONOMIC DEVELOPMENT POLICIES AND STRATEGIES FOR THE CITY OF
IOWA CITY.
WHEREAS, the Iowa City City Council decided that it is in the public's best interest to establish a
policy guiding the community's economic development activities, and
WHEREAS, the City Council Economic Development Committee has reviewed the policies
originally adopted on August 29, 1995 by Resolution No. 95-258; and
WHEREAS, the City Council Economic Development Committee, after due deliberation, has
recommended adoption of the document "Economic Development Policies and Strategies for the
City of Iowa City", which contains revisions to the originally adopted policies; and
WHEREAS, this document, including its policies, objectives and strategies, will be used to guide
the City Council's future economic development decisions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Resolution No. 95-258 be rescinded and the "Economic Development Policies and Strategies for
the City of Iowa City" attached hereto be approved and adopted.
Passed and approved this f\~h
day of
Februarv
, 20-111--
ATTEST: &A-'....,_~.J ;i!. ~A.../
~LERK
Resolution No.
Page 7
07-,:\Q
It was moved by ChalI\Pion and seconded by
adopted, and upon roll call there were:
AYES:
x
y
x
X
X
X
Correia
the Resolution be
NAYS:
ABSENT:
ABSTAIN:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
ECONOMIC DEVELOPMENT
Policies and Strategies
for the
City of Iowa City
Approved January 23, 2007
Council Economic Development Ccmmittee
Approved January 23, 2007
Council Economic Development Committee
City of Iowa City
Economic Development Policies
1. Diversify and increase the property tax base by 1) encouraging the retention and
expansion of existing industry and 2) attracting industries that have growth
potential and are compatible with existing businesses and industries.
2. Develop available labor force consistent with the needs of employment
opportunities.
3. Provide and protect areas suitable for future industrial and commercial
development.
4. Continue to cooperate with existing local and regional organizations to promote
economic development within Iowa City.
5. Improve the environmental and economic health of the community through the
efficient use of resources.
6. Consider financial incentives and programs to facilitate achieving the above.
City of Iowa City (January, 2007)
Economic Development Strategies (Calendar Year 2007-2008)
VISION
Iowa City aspires to be a global community defmed by the creativity, diversity and
innovation of its citizens and businesses.
MISSION/GOAL
To achieve a vibrant local economy.
OBJECTIVES (Areas offocus)
1. Foster the retention and expansion of primary sectorl existing business and
attract new business to Iowa City.
Measurables: 2 expansions; 2 new businesses; 0 business losses (of those we have
assisted); create/update marketing materials.
STRATEGIES
a. Have ability to respond as needed to infrastructure needs
. Plan and budget for Economic Development infrastructure in Capital
Improvement Plan, including roads, utilities, telecommunications, water and
sewer.
. Apply for RISE (Revitalize Iowa's Sound Economy) and other financial
opportunities for assistance
I See list following Objectives and Str'legies.
2
.._...._,___.___~_~_~__...~___,.,w..,~._._,____,.,,_____.".".__~____.____..,..,._____..____^"'_,~_.__._ ,.
Approved January 23, 2007
Council Economic Development Committee
b. Market new and existing land for development and redevelopment
. Fully utilize LOIS (Location One Info System) system to post information on
the community, buildings and sites in the market
c. Design comprehensive marketing and presentation package in concert with ICAD
(Iowa City Area Development Group)
. Updated Community Profile
. Updated "How to do Business in Iowa City" pamphlet, to market Iowa City
. Updated Financial Assistance package information
. Zoning map and available land
d. Develop system of regular communications about business in Iowa City
. Maintain positive relationships with existing businesses with public
recognition of accomplishments including long term business in Iowa City,
good corporate citizens in Iowa City and stability of permanent full time
employees of the labor force
. Act upon ICAD's annual retention surveys and gather information to evaluate
satisfaction with governmental and area support services.
. Build confidence of land owners for planning of commercial/industrial and
office growth
. Respond to selected set of targeted business leads
. Communicate through local media the positive economic climate in Iowa City
. Communicate through city's Economic Development web pages
e. Review use of tax and other incentives to increase tax base through construction
of new facilities and/or additions to existing improvements
. Review, refine and improve program policies
. Review, refine and improve program application processes
f. Propose redevelopment plans and/or invest in public spaces in areas' of the
community, such as South Riverside Drive, Towncrest, South Gilbert Street,
North Dodge Street and MuscatineIFirst Ave. Mormon Trek Extension, Aviation
Commerce Park commercial areas
g. Develop local, regional and state business network by active involvement and
presence with
. Chamber, Chamber government affairs committee, ICAD (Iowa City Area
Development Group), CVB (Iowa City/Coralville Convention and Visitors
Bureau), IDED (Iowa Department of Economic Development), PDI
(professional Developers ofIowa)
. University ofIowa departments
. Mid-American Energy
2. Support the Development of Downtown to ensure a healthy mix o.f retail,
services, entertainment, office, residential, lodging, and nightlife
Measurables: Begin implementation of program of marketing to commercial tenants;
retain existing retailers, gain 5 new businesses.
STRATEGIES
a. Facilitate market niche analysis for downtown
. Use as guide for implementing program of marketing available commercial
property
3
Approved January 23, 2007
Council Eccnomic Development Committee
b. Create a fa9ade renovation incentive program
c. Explore development of creative business incubatpr
d. Capitalize on the Cultural district designation
3. Assist in the development of Entrepreneurial Businesses in Iowa City
Measurables: support 10 new businesses
STRATEGIES
a. Market financial assistance programs via bankers, the web, & community
outreach
b. Explore possibilities of incubator development
c. Develop relationships with Technology Innovation Center (TIC) businesses and
opportunities for their expansion in Iowa City
d. Collaborate with the Chamber's Small Business Education and Entrepreneurial
Development (SEED) program to provide informational and/or coaching
resources for small businesses
e. Use $250,OOO/year in CDBG funds to assist new businesses
4. Workforce Development
(Measurables: ensure workforce/laborshed data is shared with targeted industries,
benchmark Iowa City based companies' use of Expo at UI Career Center,
complete annual public relations on permanent employment programs)
STRATEGIES
a. Be a partner in communicating the workforce business resources of the Cedar
Rapids I Iowa City Technology Corridor™ to business and industry.
b. Encourage and advocate local industries' use of VI Career Center's Expo for
internship and full time job postings to attract/employ young professionals to
Iowa City
c. Create recognition program/positive public relations opportunity for companies
employing permanent full time employees
d. Reserve dollars from City's CDBG (Community Development Block Grant)
funds for job training through companies' career development
e. Maintain information about and actively support workforce development
strategies of Kirkwood Community College, ICAD and Priority One and Skills
Advantage. .
4
Approved January 23, 2007
Council Economic Development Committee
City of Iowa City Primary Sector
Industries and Technologies Opportunity List
This list identifies industries and technology groups that are compatible with the Iowa
City community.
The purpose of the list is to focus the City's proactive economic development activities
and ICAD's efforts on behalf of the City ofIowa City.
The focus of the City's proactive economic development activities will use this as its
preferred industry and technology list:
. to focus efforts on retention or expansion of existing businesses,
. to focus efforts on attracting potential business,
. and focus on locating new businesses and expanding businesses as permitted under
current zoning,
. as a guide for considering the offer of financial assistance,
. and will not discourage other industries and companies from seeking assistance.
The list includes these industries and technologies
I. Biocatalysis and Bioprocessing Research and Development
2. Communications Services
3. Computer Software Development/Computer Simulations of Complex Systems
4. Drugs/Pharmaceutical
5. Educational Services
6. Electronic and Other Electrical Equipment
7. Environmental Technologies and Energy Resource Alternatives Research and
Development
8. Insurance Services
9. Human Health and Medicine (Alternative Health Care Systems)
10. Light Manufacturing
11. Medical Instruments/Instruments and Measuring Devices
12. Music Recording Studios/Audio-Visual Production
13. Printing and Publishing (Public Relations/Graphic ArtslDesign)
14. Value Added Agricultural Products
5
MJ3 LW
Prepared by: Terry Trueblood, Parks & Ree, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO.
07-40
RESOLUTION AWARDING CONTRACT FOR
THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT.
WHEREAS, Sezler Werderitsch Associates of Iowa City, Iowa has submitted the lowest
responsible bid of $211 ,200.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Selzer
Werderitsch Associates, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 6th
day of February
,2007
~_J.~
MAYOR -- -
--
ATTEST: ~_:.. ) ~ 7f/4-<A./
CITY ERK
Approved by ~ ~
~()'
thy At orne s Office
'/51/()7
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Bailev
the Resolution be
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
parksreclres/riverside improve.doc
~R'
SECTION 001113 -ADVERTISEMENT FOR BIDS
OWNER: CITY OF IOWA CITY
PROJECT: RIVERSIDE FESTIVAL STAGE IMPROVEMENTS
NOTICE TO POTENTIAL BIDDERS;
Notice is given hereby that the owner will receive sealed bids for construction of the above project
until 2 pm, local Time, on January 31,2007.
The Project is described in general as: a men's and women's restroom with attached open-air
shelter and concrete path. The building structure consists of a slab on grade, CMU walls, and wood
trusses with asphalt shingle roofing. The Work includes mechanical and electrical.
Offers shall be on a stipulated sum basis for a General Construction Contract, including respective
mechanical and electrical work; segregated bids will not be accepted.
Bid Security in the amount of five percent of the bid must accompany bid in accordance with the
Instructions to Bidders.
Bids will be received at: City Clerks Office, City of Iowa City, 410 East Washington Street, Iowa
City, Iowa 52240.
Bids will be opened and publicly read aloud immediately after the specified closing time. Bids
received after that time will not be accepted. All interested parties are invited to attend.
EXAMINATION OF PROCUREMENT DOCUMENTS:
As many as 4 sets of printed Procurement Documents may be obtained by PRIME BIDDERS only
from the Architect's office upon depositing the sum of $50.00 (refundable) for each set of
documents. The deposit amount will be refunded within ten calendar days following bid opening,
provided complete sets of documents in satisfactory condition are returned, postpaid, to:
Neumann Monson Architects, 221 E College Street, Suite 303, Iowa City, IA 52240.
Procurement documents may be examined on AE Plans website: www.aeplans.com. Any
interested party may log-on and register under the project name.
Printed sets of documents will not be issued to prospective subcontractors and suppliers;
however, printed sets or selected sheets/pages may be purchased through authorized printers
(indicated on the website) for the direct cost of printing and postage.
Related project information, including addenda, will be available only on AE Plans website; all
interested parties, including PRIME BIDDERS must log-on and register under the project
name.
Printed sets of Procurement Documents may be examined at:
Neumann Monson Architects
221 E College Street, Suite 303, Iowa City, IA 52240
Construction Update Plan Room
521 3rd Ave. SW, Cedar Rapids, IA 52404
McGraw Hill Dodge Construction
474 First Avenue, Coralville, IA 52241
Dubuque Builders Exchange
801 Cedar Cross Road, Dubuque, IA 52003
Master Buiiders of Iowa
221 Park Street, PO Box 695 Des Moines, IA 50309
Construction Update Plan Room
1406 Central Avenue, Box T, Fort Dodge, IA 50501
North Iowa Builders Exchange
25 West State Street, Suite B, Box 1154, Mason City, IA 50401
IlIowa Builders Exchange
520 - 24th Street, Rock Island, IL 61201
Construction Update Plan Room
612 Muiberry, Waterloo, IA 50704
FW. Dodge Corporation
939 Office Park Road, Suite 121, W. Des Moines, IA 50265
Marshalltown Construction Bureau
709 South Center, Box 1000, Marshalltown, IA 50158
OTHER REQUIREMENTS
Products and materials incorporated in the Work of this Project are Exempt from Iowa sales tax and
local option sales tax.
Performance Bond and Labor and Material Payment Bond will be required in the full amount of the
contract.
Work required by the proposed contract shall begin upon ISSUANCE OF THE OWNER'S "NOTICE
TO PROCEED"; the Work must be completed with all equipment placed in operation on or before
the completion date noted on the contractor's bid form, subject to an extension of time which may
be granted by the Owner.
Provisions in Articles 73.15 through 73.21 of the Code of Iowa seek to provide opportunities for
targeted small businesses to participate in the construction of this project. The Owner has
established a goal of five percent of the bid price for certified small businesses.
The Owner reserves the right to reject any or all bids, to waive irregularity in the bids and in the
bidding and to enter into such contract as shall be deemed to be in the Owners best interest.
SITE ASSESSMENT:
SITE EXAMINATION
Examine the project site before submitting a bid.
PREBID CONFERENCE
A bidders conference has been scheduled for 10 am on January 25,2007 at the City of Iowa City.
All general contract and subcontract bidders are invited.
Representatives of the Owner and Architect will be in attendance.
Information relevant to the Bid Documents will be recorded in an Addendum, issued to Bid
Document recipients.
END OF ADVERTISEMENT FOR BID