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HomeMy WebLinkAbout1989-05-30 ResolutionRESOLUTION NO. 89-113 RESOLUTION ACCEPTING THE WORK FOR U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for improvements covering the U.S. 6 Keokuk Street Intersection Improvement Project as included in a contract between the City of Iowa City and Metro Pavers Inc. of Iowa City, Iowa, dated December 12, 1988, be accepted. i NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i f U.S. 6 and Keokuk Street Intersection Improvement Project. The final contract price is $113,730.58. of this amount the Iowa Department of Transportation paid $52,724.74 with Urban -State Traffic Engineering Program (U -STEP) funds. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. TY ■ i RESOLUTION NO. 89-114 RESOLUTION APPROVING THE PRELIMINARY SUBDIVISION PLAT OF HIDDEN VALLEY SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, John P. Muller and Daniel L. Haaf, contract purchasers, have filed with the City Clerk of Iowa City, Iowa an application on behalf of property owner Lloyd Mills for approval of the preliminary plat of Hidden Valley Subdivision; i and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning ' Commission; and after due deliberation, the Commission has recommended that the plat be approved; and WHEREAS, the preliminary plat was found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Hidden Valley Subdivision is hereby approved. i 2. That the Mayor and City Clerk of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. It was moved by Ambrisco and seconded by Balmer the (t,. Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco I II X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 30th day of May 1989. D1�ee� OR '/ Approved as tt Form � ATTEST: yT�.w /`Ow�xcw��" CITY CLERK Kgal Department 9�� STAFF REPORT To: Planning & Zoning Commission Prepared by: Melody Rockwell Item: S-8909. Hidden Valley Subdivision Date: March 16, 1989 GENERAL INFORMATION: Applicants: Requested action:. Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: John P. Muller and Daniel L. Haaf on behalf of Lloyd Mills, Property Owner 1710 5th Street Coraiville, Iowa 52241 Phone: 351-8166 Preliminary plat approval of Hidden Valley Subdivision. To establish a 5 -lot single-family residential subdivision. North of Rochester Avenue along the proposed westerly extension of Windsor Court. 1.90 acres. Residential; 2-8 DU/A. Undeveloped; RS -5. North - Single-family residential; RS -5. South - Single-family residential; RS -5. East - Single-family residential; RS -5. West - Single-family residential; RS -5. February 22, 1989; revised preliminary plat submitted April 26, 1989. Waived by applicants Municipal water and sanitary sewage disposal systems are presently available. Police and fire protection, including sanitation service, are available. The site is accessible to Rochester Avenue directly from Lot 1, and via Windsor Court and Windsor Drive for Lots 2-5, I i L i STAFF REPORT To: Planning & Zoning Commission Prepared by: Melody Rockwell Item: S-8909. Hidden Valley Subdivision Date: March 16, 1989 GENERAL INFORMATION: Applicants: Requested action:. Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: John P. Muller and Daniel L. Haaf on behalf of Lloyd Mills, Property Owner 1710 5th Street Coraiville, Iowa 52241 Phone: 351-8166 Preliminary plat approval of Hidden Valley Subdivision. To establish a 5 -lot single-family residential subdivision. North of Rochester Avenue along the proposed westerly extension of Windsor Court. 1.90 acres. Residential; 2-8 DU/A. Undeveloped; RS -5. North - Single-family residential; RS -5. South - Single-family residential; RS -5. East - Single-family residential; RS -5. West - Single-family residential; RS -5. February 22, 1989; revised preliminary plat submitted April 26, 1989. Waived by applicants Municipal water and sanitary sewage disposal systems are presently available. Police and fire protection, including sanitation service, are available. The site is accessible to Rochester Avenue directly from Lot 1, and via Windsor Court and Windsor Drive for Lots 2-5, I Page 2 Transit service: Rochester route, 2 blocks away, Physical characteristics: The site is a wooded valley with moderately steep slopes. ANALYSIS: The subject addition submitted by John P. Muller and Daniel L. Haaf subdivides a 1.90 acre tract of land into five lots. The proposed preliminary plat is in general compliance with the requirements of the subdivision regulations. i Each lot complies with the dimensional requirements of the RS -5 zone to permit construction { of detached single-family residences. Stormwater management, in terms of on-site detention, Is not required for properties less than two acres in size. The City Fire Department considers I the proposed turnaround in private driveways sufficient for emergency vehicular access/egress. Economic Impact: Given the value of comparable development in the nearby residential area, the assessed value of each lot within the proposed subdivision is estimated to be approximately $78,610 for Lot 1 on Rochester Avenue and $109,751 for Lots 2.5 on Windsor Court. For tax purposes, the value of residential uses within this tax year are rolled back to 80.5966% of their assessed values. The City tax levy Imposed upon a residential use within the City Is $11.69523/$1,000 of assessed valuation. Assuming Lot 1 in the proposed I " subdivision is developed with an assessed value of approximately $78,610, and Lots 2-5 at an assessed value of approximately $88,456, the amount of annual tax generated to the City would be $741 for Lot 1 plus $1,035 per lot for Lots 2.5. If all five lots in the subdivision were developed today, the City would realize an annual Increase in City revenue of approximately $4,881. The proposed subdivision will not have an adverse Impact on the City's financial ability to provide municipal services. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of the Hidden Valley Subdivision be approved. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat of the Hidden Valley Subdivision. I i i Approved by: Wald chmeiser, Director apartment of Planning and Program Development 7OF LOCATION MAP Hidden Valley Subdivision S-8909 \"OUM 0.E CINC4 IOWA CITY HIGH SCHOOL 7.r �, SCMOOC F PLAT/PLAN APPROVED by II¢ cl(y ....Of.IoWa• city PRELIMINARY PLAT HIDDEN VALLEY ey AN ADDITION TO i I IOWA CITY, IOWA 5-8909 LNSTON \ \ III 1.ni.�il i?io^��J/iNL'LriQR i4F_\ n 'Q���/T1vP7 IIJ I-ll'TII I 11, AcG qQW N 2265' (D i♦♦ _� 21.5• ` � I . --1 J ♦ 1 ♦ I �.I%1 i \ O ♦ cltun �n Y.. 1 ♦ P I wrr.. in.r I L � 11r' I % .. 9e• IYVITYI.I I— isy� • I" B r I 1 ��r-Cvlir. I ' W106 Vf... rti 7 _ I IYVITYI.I I— isy� • I" B )i v RESOLUTION NO. 89-11S i RESOLUTION APPROVING THE FINAL PLAT OF ROCHESTER HEIGHTS, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Robert D. Lumpa, Dorothy Lois Lumpa, Paul S. Lumpa, Phyllis M. Lumpa, Mabel E. Hobart, Howard W. Hobart and E.L.H. Ltd., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Rochester Heights, a subdivision of Iowa City, in Johnson County, Iowa, which is legally described as follows: Commencing at a cut "X" found in the pavement of Scott Boulevard at the southeast corner of the northeast quarter of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; thence N OOo35'42" E, (A Recorded Bearing) along the east line of said northeast quarter of Section 12, 317.25 feet; thence N 89o24'18" W, 50.00 feet, to the intersection of the westerly right- of-way line of Scott Boulevard with the northeasterly right-of-way line of Lower West Branch Road and also being the Point of Beginning; thence northwesterly, along said northeasterly right-of- way line, 119.38 feet, on a 215.43 foot radius curve, concave northeasterly, whose 117.86 foot chord bears N 73o31'48" W; thence N 57039'18" W, along said northeasterly right-of-way line, 1,002.49 feet; thence northwesterly, along said northeasterly right-of-way line, 61.25 feet, on a 762.50 foot radius curve, concave southwesterly, whose 61.24 foot chord bears N 59057123" W, to the intersection of the easterly right-of-way line of Amhurst Street; thence N 22o41'50" E, along said easterly right-of-way line, 16.80 feet; thence northerly, along said easterly right-of-way line, 268.44 feet, on a 366.66 foot radius curve, concave westerly, whose 262.48 foot chord bears N 01043'25" E; thence N 19015'00" W, along said easterly right-of-way line, 76.30 feet, to the intersection with the southeasterly right-of-way line of Rochester Avenue (formerly known as West Branch Road); thence N 70047102" E, along said southeasterly right-of-way line, 413.12 feet, to the northwesterly corner of a tract of land as described in Warranty Deed Book 1008, at Page 236, of the records of the Johnson County Recorder's Office; thence S 19012'58" E, along the southwesterly line of said tract, 125.00 feet, to the southwesterly corner thereof; thence N 70047'02" E, along the southeasterly line thereof, 90.00 feet, to the southeasterly corner thereof, thence N 19012'58" W, along the northeasterly line thereof, 125.00 feet, to the northeasterly corner thereof; and the southeasterly right-of-way line of said Rochester Avenue; thence N 70047102" E, along said southeasterly right-of-way line, 80.00 feet, to the northwesterly corner of a tract of land as described in Warranty Deed Book 565, at Page 35, of the records of the Johnson County Recorder's Office; thence S 19o12'58" E, along the southwesterly line of said tract, 125.00 feet, to the southwesterly corner thereof; thence N 70047102" E, along the southeasterly line thereof; 90.00 feet, to the southeasterly corner thereof; thence N 19012'58" W, along the northeasterly line thereof, 125.00 feet, to the northeasterly corner thereof, and the southeasterly right-of-way line of said Rochester Avenue; thence N 70047102" E, along said southeasterly right-of-way line, 166.80 feet; thence northeasterly 93.26 feet, on a 5,696.58 foot radius curve, concave southeasterly, whose 93.25 foot chord bears N 71015'10" E, to the intersection with the westerly right- of-way line of Scott Boulevard; thence S 17046'32" E, along said 9� Resolution No. 89-115 Page 2 westerly right-of-way line, 339.36 feet; thence southeasterly, along said westerly right-of-way line, 304.60 feet, on a 950.00 foot radius curve, concave southwesterly, whose 303.29 foot chord bears S 08035'25" E; thence S 00035'42" W, along said westerly right-of- way line, 633.72 feet, to the Point of Beginning, said tract of land contains 18.24 acres, more or less, and is subject to easements and restrictions of records. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final plat of said subdivision and have recommended approval of same; and WHEREAS, the final plat of said subdivision has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said plat and subdivision located on the above-described real estate be and the same are hereby approved and the dedication of the street and easements is hereby accepted as provided by law. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law; and the owner/subdivider shall record the legal documents and the final plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Balmer and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 30th day of May 1989. M /� �//—�ved as to 11 Form ATTEST: %/Inw.i,,.� vG�W `"'�`' CI CLERK Lea Department Q i STAFF REPORT To: Planning and Zoning Commission Item: S-8913. Rochester Heights. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: File date: Limitation periods: SPECIAL INFORMATION: Public utilities: Prepared by: Barry Beagle Date: May 18, 1989 Clarence E. Sewell c/o Century 21 1927 Keokuk Street Iowa City, Iowa 52240 Phone: 351-2121 Final plat approval of Rochester Heights. To establish a 60 -lot residential subdivision. Between Rochester Avenue and Lower West Branch Road, and between Amhurst Street and Scott Boulevard. 18.24 acres. Vacant; RS -5. North - Vacant; ID -RS. South - Single -Family Residential; RS -5. East - Vacant; RS -5. West - Single -Family Residential; RS -5. Residential; 2-8 DU/A. Provisions of the Zoning Ordinance, Subdivision Regulations, and Stormwater Management Ordinance. April 12, 1989. 45 -day: May 29, 1989, 60 -day: June 12, 1989. Adequate water and sewer service are available with sewer service provided by connection to an adjacent drainage area as permitted by the City. 9�f i 1� ' r r i II i I i STAFF REPORT To: Planning and Zoning Commission Item: S-8913. Rochester Heights. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: File date: Limitation periods: SPECIAL INFORMATION: Public utilities: Prepared by: Barry Beagle Date: May 18, 1989 Clarence E. Sewell c/o Century 21 1927 Keokuk Street Iowa City, Iowa 52240 Phone: 351-2121 Final plat approval of Rochester Heights. To establish a 60 -lot residential subdivision. Between Rochester Avenue and Lower West Branch Road, and between Amhurst Street and Scott Boulevard. 18.24 acres. Vacant; RS -5. North - Vacant; ID -RS. South - Single -Family Residential; RS -5. East - Vacant; RS -5. West - Single -Family Residential; RS -5. Residential; 2-8 DU/A. Provisions of the Zoning Ordinance, Subdivision Regulations, and Stormwater Management Ordinance. April 12, 1989. 45 -day: May 29, 1989, 60 -day: June 12, 1989. Adequate water and sewer service are available with sewer service provided by connection to an adjacent drainage area as permitted by the City. 9�f i 1� ' r r i II ;f 2 Public services: Transportation: Physical characteristics: ANALYSIS: Police and fire protection and sanitation service are available. Vehicular access is provided from Amhurst Street, Lower West Branch Road and Rochester Avenue. The site is situated on the Rochester transit route. Site is moderately sloping, draining generally to the east. The applicant seeks approval of the final plat for Rochester Heights permitting the subdivision of an 18.24 acre tract into 60 single-family residential lots. By a vote of 6-0, the Planning and Zoning Commission recommended in favor of the preliminary plat for Rochester Heights and on February 21, 1989, the plat was approved by the City Council. The final plat as proposed conforms with the design of the approved preliminary plat and is in compliance with the requirements of the subdivision regulations, zoning ordinance and stormwater management ordinance. Construction plans have been submitted and have been approved by the Public Works Department. Legal papers have been submitted and are currently under review by the Legal Department. Consistent with the approved preliminary plat, the final plat provides for a 15 - foot walkway easement between Heron Circle and Scott Boulevard and a second 10 - foot walkway easement between Heron Circle and Lower West Branch Road. Since the proposed crosswalks are intended to benefit all residents in the subdivision, the Subdivider's Agreement accompanying this application provides that no building permits shall be issued for Lots 21-60 until the crosswalks are constructed by the subdivider. The preliminary plat was approved with the stipulation that no lot shall be permitted direct access to Rochester Avenue and Scott Boulevard with the exception of Lot 60. Lot 60 would be permitted to utilize an existing driveway onto Rochester Avenue from the adjoining lot to the east. Accordingly, the Subdivider's Agreement prohibits individual lot access to Rochester Avenue and Scott Boulevard and provides that the subdivider shall establish an easement with the adjoining lot owner to the east for the purpose of providing access to Lot 60. As noted with the preliminary plat, sanitary sewer service is not currently available from within the drainage district of which the subdivision is a part. The subdivision would be allowed to tie into an adjoining drainage district to the south provided the subdivider agrees to provide for the extension of a sanitary sewer on Scott Boulevard if and when sanitary sewer service becomes available from within the drainage area to the east. According to the Subdivider's Agreement, the subdivider is responsible for establishing a sewer escrow that would provide for future extension of a sanitary sewer line along Scott Boulevard and its connection to the drainage district to the east if and when sewer service becomes available. Mo i l 2 Public services: Transportation: Physical characteristics: ANALYSIS: Police and fire protection and sanitation service are available. Vehicular access is provided from Amhurst Street, Lower West Branch Road and Rochester Avenue. The site is situated on the Rochester transit route. Site is moderately sloping, draining generally to the east. The applicant seeks approval of the final plat for Rochester Heights permitting the subdivision of an 18.24 acre tract into 60 single-family residential lots. By a vote of 6-0, the Planning and Zoning Commission recommended in favor of the preliminary plat for Rochester Heights and on February 21, 1989, the plat was approved by the City Council. The final plat as proposed conforms with the design of the approved preliminary plat and is in compliance with the requirements of the subdivision regulations, zoning ordinance and stormwater management ordinance. Construction plans have been submitted and have been approved by the Public Works Department. Legal papers have been submitted and are currently under review by the Legal Department. Consistent with the approved preliminary plat, the final plat provides for a 15 - foot walkway easement between Heron Circle and Scott Boulevard and a second 10 - foot walkway easement between Heron Circle and Lower West Branch Road. Since the proposed crosswalks are intended to benefit all residents in the subdivision, the Subdivider's Agreement accompanying this application provides that no building permits shall be issued for Lots 21-60 until the crosswalks are constructed by the subdivider. The preliminary plat was approved with the stipulation that no lot shall be permitted direct access to Rochester Avenue and Scott Boulevard with the exception of Lot 60. Lot 60 would be permitted to utilize an existing driveway onto Rochester Avenue from the adjoining lot to the east. Accordingly, the Subdivider's Agreement prohibits individual lot access to Rochester Avenue and Scott Boulevard and provides that the subdivider shall establish an easement with the adjoining lot owner to the east for the purpose of providing access to Lot 60. As noted with the preliminary plat, sanitary sewer service is not currently available from within the drainage district of which the subdivision is a part. The subdivision would be allowed to tie into an adjoining drainage district to the south provided the subdivider agrees to provide for the extension of a sanitary sewer on Scott Boulevard if and when sanitary sewer service becomes available from within the drainage area to the east. According to the Subdivider's Agreement, the subdivider is responsible for establishing a sewer escrow that would provide for future extension of a sanitary sewer line along Scott Boulevard and its connection to the drainage district to the east if and when sewer service becomes available. Mo 3 STAFF RECOMMENDATION: Staff recommends the final plat for Rochester Heights be approved. DEFICIENCIES AND DISCREPANCIES: I. Indicate name and address of owner. ATTACHMENTS: 1. Location Map. ACCOMPANIMENTS: 1. Final Plat of Rochester Heights. Approved by: Vondid Sc eiser, Director Department of Planning and Program Development It f' 81,.. i 91f, LOCATION MAP Rochester Heights S-8913 gid 4ofuu Pepartinent of (�Srirulture arab 'Xartbr 4teforzr�silip DALE M. COCHRAN SHIRLEY DAHSNIN WHITE SECRETARY OF AGRICULTURE ,yA- 4\� OEPUTYSURETARYOZICULTURE IF HENRY A WALLACE BUILDING DESWINES. IOWA 50319 May 13, 1987 Mr. Rim Wilkins Tru Green 712 58th Avenue Court SW Cedar Rapids, IA 52401 RE: Case File No. 86.441 Dear Mr. Wilkins: This letter is in response to a complaint filed by Mr. Leonard Yeggy of Iowa City regarding pesticide drift to his property related to commercial application of pesticides to his neighbor's property. Richard Colwell, pesticide investigator for the department, investigated Mr. Yeggy's complaint and found that your company and another lawn care company applied pesticides to lawns bordering Mr. Yeggy's east property line. Samples collected by Mr. Colwell revealed small amounts of 2,4-D residues in soil and plant samples and the. presence of Dursban (chlorphyrifos) on a rug that was in Mr. Yeggy's backyard. According to Mr. Colwell's report, your company applied a tank mix of mecAmine D, Dursban and fertilizer to a property owned by Mr. Robert Ellet of 1611 Prairie DuChien Road in Iowa City on June 16, 1986. This investigation did not confirm the party responsible for pesticide drift to Mr. Yeggy's property; but two of the four chemicals you applied to the Ellet property were recovered. This letter is intended to inform you that Chapter 206 of the Code of Iowa deems it unlawful for any person to use a pesticide contrary to its labeling. The label for MecAmine D states in part: w9mr1ronmental Hazards. Do not apply when weather conditions favor drift away from target area." "Avoid drift of spray mist to vegetables, flowers, ornamentals, shrubs, trees and other desirable plants." "Do not spray when air temperature exceeds 85 degrees Fahrenheit.■ ti tin also revealed that our applicator records do not list the brand name Th nves ga o y of the pesticides applied or indicate weather conditions at the time of application. Section 30-10.26 of the Iowa Administrative Code requires that every licensed pesticide applicator make records showing the following information: Mr. Kim Wilkins Page 2 May 13, 1987 1. The name and license number of the licensee; 2. The name and address of the landowner or customer; 3. Address of the place of application of restricted use pesticide; 4. Date of pesticide application; 5. Trade name of pesticide product used; 8. The quantity of pesticide product used and the concentration or rate of application; 7. if applicable, the temperature and the direction and estimated velocity of wind at time of application to any outdoor area; B. Use of "restricted use" pesticide. PaIlure to correct these record keeping deficiencies could result in further regulatory action. If you have any further questions regarding this investigation, feel free to contact me. CAE/sr cc .. Richard Colwell Kevin Clark Leonard Yeggy PST/pc-2037 9iw RESOLUTION NO. 89-116 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CENTRAL STATES CAN CO./SILIGAN CORP. RAIL SPUR RAP-RR89(5)--9T-52 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 20th day of June, 1989. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at, 7:30 a.m. on the 27th day of June, 1989 or at such later time and place as may then be fixed. It was moved by Balmer and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X__ Larson X McDonald Passed and approved this 30th day of May, 1989. YOR ATTEST: CrTY CLERK APPROVED APPROVED AS TO FO:tl Legal Department IS d'f/37 9�0 RESOLUTION NO. 89-117 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CIVIC CENTER POLICE & FIRE EXPANSION, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk at the Civic Center until 10:30 a.m. on the 29th day of June, 1989. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 11th day of July, 1989. It was moved by Horowitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby _ X Larson X McDonald Passed and approved this 30th day of May , 1989. ATTEST: 14' 7(&tJ CI CLERK 1_- RESOLUTION NO. 89-119 RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET AMENDMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1989. WHEREAS, a public hearing, held on May 30, 1989, allowed the public to consider the Capital Projects Fund Budget Amendments; and WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest and In the Interest of good and efficient government for the City of Iowa City, Iowa, to adopt the Capital Projects Fund Budget Amendments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council hereby adopt the Capital Projects Fund Budget Amendments for FY89 which is attached to this resolution and by this reference made a part hereof. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: —x x x x x _ x x ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this 30th day of Mav , 1989, ATTEST: 0+ow,.,,J ,{-). y CITY CLERK YOR A roe a t Form s/asp/0 Legal Department i 907e fi3 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES SUMMARY - FY89 BEGINNING BALANCE 380,557 30,565,006 (26,590) 209,659 31,128,632 AMENDED BUDGET RECEIPTS EXPENDITURES 1,105,168 1,105,168 755,097 719,083 2,014,074 24,302,801 2,936,651 2,910,061 1,436,304 1,645,963 8,247,294 30,683,076 ENDING BALANCE 416,571 6,276,279 I 8,692,850 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET WATER PROJECTS Beginning Balance Receipts: G.O. Bonds: Water Computer System Bloomington St. Water Tank Total G.O. Bonds Operations: Water Computer System Bloomington St. Water Tank Total Operations Total Receipts Expenditures: Water Computer System Bloomington St. Water Tank Total Expenditures Ending Balance ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS FY89 BUDGET 400,000 (100,000) 300,000 360,00026) 2 346,774 760,000 11313 226) 646,774 218,394 218,394 240,000 - - 240,000 240,000 218,394 458,394 . 1,000,000 1051168 1,105,168 400,000 118,394 518,394 600,000 (13,226) 586,774 1,000,000 105,168 1,105,168 9a4 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET BRIDGE PROJECTS Beginning Balance Receipts: G.O. Bonds: Benton St. Bridge Bridge Decks - Melrose Total G.O. Bonds Federal Aid: Benton St. Bridge Interest Income: Benton St. Bridge Total Receipts Expenditures: Benton St. Bridge Bridge Decks - Melrose Total Expenditures Ending Balance ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS FY89 BUDGET -i i 380,557 1,206,848 (526,455) 680,393 41000 - - 45,000 1,251,848 (526,455) 725,393 220,210 (220,210) - - 3,000 26,704 29,704 1,475,058 (719,961) 755,097 1,806,043 (1,131;960) 674,083 45,000 - - 45,000 1,851,043 (1,131,960) 719,083 416,571 9a � I' �j :i -i i I CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET POLLUTION CONTROL PROJECTS Beginning Balance Receipts: Interest Income: Wastewater Treatment Facility Operations: Plant Design - V&K Total Receipts Expenditures: Wastewater Treatment Facility Ending Balance ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS FY89 BUDGET 910,000 1,090,000 30,565,006 2,000,000 14,074 14,074 910,000 _1,104,074 2.014,074 28,321,214 (4,018,413) 24,302,801 8,276,279 9a� II CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET Operations: Curb Cuts 1.000 (1,000) gat ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS FY89 BUDGET STREETS PROJECTS Beginning Balance (26,59 0) j Receipts: G.O. Bonds: Benton Area Storm Sewer Scott Boulevard 506,201 (45,111) 461,090 Washington Area Storm Sewer 453,501 400,000 (421,905) - - 31,596 Dubuque St. -Iowa Ave. to Park Rd. - - 200 400,000 Total G.O. Bonds 1.359.702 466 816) 200 892.886 �!'` State Aid: II i Scott Boulevard Crandic RR Crossings 136,000 313 54,281 196,594 Hwy. 6/Keokuk Intersection 64,000 " " 36,000 I N. Hwy. 1 Widening Local Road 350,314 25,886 64,000 376,200 Dodge/Church Signals - - 857,908 857,908 Can Co. Rail Spur _ : 8,184 8,184 Hwy. 6 Signals Interconnection_ _ 9,200 88'028 9,200 Total State Aid 592.627 1.0 43.487 88.028 63 _f, _6 U Contributions: Crandic RR Crossings 2,000 Can Co. Rail Spur 2,000 Heinz Road - - 2,300 2,300 i - - 8.956 8.956 2.000 11,256 13.256 j Road Use Tax: Crandic RR Crossings 2,00 i Hwy. 6/Keokuk Intersection 86,000 2,000 Local Road 50,000 86,000 Extra -Width Paving 600 50,000 Clinton/Market Signals 4,600 Iowa Interstate RR Crossings - - - - 12,289 5,000 12,289 Maiden Lane Improvements Maiden Lane Pedestrian Bridge - - - 10,000 5,000 10,000 '5,000 Dodge/Church Signals - 5,000 Hwy. 6 Signals Interconnection - - - - 6,696 696410 6,696 Park Road Storm Sewer - - 4.600 410 4,600 Total Road Use Tax 142.600 43.995 186.595 Operations: Curb Cuts 1.000 (1,000) gat I I i CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS FY89 BUDGET STREETS PROJECTS (con't.) Federal Aid: N. Hwy. 1 Widening 366,633 (366,633) - - CDBG: Curb Cuts Benton Area Storm Sewer 5,000 99.889 (5,000) Total CDBG 104.889 45,111 40.111 145,000 145,000 UDAG: N. Hwy. 1 Widening 224,877 (162,077) 62,800 Total Receipts 2,794,328 142,323 2,936,651 Expenditures: Scott Boulevard ` Curb Cuts 5 595,814 (367,624) 228,190 ' Extra -Width Paving ,000 4,600 (6,000) - - Benton Area Storm Sewer 606,090 - - 4,600 Crandic RR Crossings 40,000 - - 606,090 Washington Area Storm Sewer N. Hwy. 1 Widening 399,524 476 40,000 400,000 Hwy. 6/Keokuk Intersection 4 150,000 150,00 (502,824) 439,000 Local Road Park Road Storm Sewer 50,000 857,908 150,000 907,908 II Clinton/Market Signals - - 4,600 4,600 Iowa Interstate RR Crossings - - - - 12,289 5,000 12,289 Maiden Lane Improvements Maiden Lane Pedestrian Bridge - - _ 10,000 5,000 10,000 Hwy. 6 Signals Interconnection - _ 5,000 61,713 5,000 Dodge/Church Signals Can Co. Rail Spur �. - - 14,880 61,713 14,880 Heinz Road - - 11,500 11,500 Dubuque St. -Iowa Ave. to Park Rd. _ _ 9> 200 200 9,091 200 Total Expenditures _2,793,852 116,209 2,910,061 Ending Balance s r CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET I I REVISIONS & AMENDED i i , CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS & AMENDED FY89 BUDGET NEW PROJECTS OJECTS FY89 BUDGET OTHER PROJECTS Beginning Balance Receipts: Operations: i Airport Master Plan Animal Control Facility 125,000 (93,675) 31,433325 Mercer Park Softball Fields 104,953 20,000 2,480 6,520 107, I Low Income Housing 26,520 D.P. Computer Upgrade _ _ 55,000 55,000 Civic Center Building Plan _ - 237,096 237,096 Rec. Center Roof Repair _ _ _ 600,953 City Park Tennis Courts _ 49,000 600,960 - - 953 FY88 Bus Acquisition 49,000 FY89 Bus Acquisition 1,070 1,070 _ _ 298,953 1.000 811.404 1,000 i 1,110,357 it Federal Aid: i . Airport Master Plan FY88 Bus Acquisition 1,125,000 (843,075) 28 1,925_ ! FY89 Bus Acquisition 000 2.000 4 000 i _ _ 1,125.000 837 075) 2 000 287.925 ` ' Contributions: II Animal Control Facility 18,167 Mercer Aquatic Center 18,167 19.855 18167 18.167 19.855 19.855 _ 38.022 Total Receipts 1,442.120 (5,816) 1.436,304 Expenditures: I Airport Master Plan Animal Control Facility 1,250,000 (936,750) 313,250 Mercer Park Softball Fields 123,120 20,000 6,520 123,120 Low Income Housing 26,520 Mercer Aquatic Center - - 55,000 55,000 DP. Computer Upgrade - - 233,024 233,024 Civic Center Building Plan - - 237,096 237,096 Rec Center Roof Repair - - 600,000 600,000 FY88 Bus Acquisition - - 953 953 FY89 Bus Acquisition - - 5,000 5,000 City Park Tennis Courts - - 49,000 3,000 3,000 - - 49,000 Total Expenditures 1,442,120 _203,843 1.645,963 Ending Balance Iowa City, Iowa, May 30, 1989. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall in Iowa City, Iowa, at 7:30 p.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following members of the City Council were present: Ambrisco. Balmer, Courtney, Horowitz. Kubby, Larson. McDonald. Absent: None. -1- I� ;I f: II' , F 4 • L I I 1 , r I r ,.,�,..j,.,. Iowa City, Iowa, May 30, 1989. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall in Iowa City, Iowa, at 7:30 p.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following members of the City Council were present: Ambrisco. Balmer, Courtney, Horowitz. Kubby, Larson. McDonald. Absent: None. -1- I� ;I II' , Matters were discussed relative to the request from Michael Development a Minnesota General Partnership to increase the authorized aggregate principal amount of the Issuer's Industrial Development Revenue Bonds (Michael Development Project) from $3,000,000 to $5,000,000. Following an explanation of the I proposed Project by representatives of said Company and a i discussion of the proposal, Council Member Balmer introduced the following Resolution in written form and moved its adoption. Council Member Ambrisco seconded the motion to adopt. After due consideration of said motion, the roll was Ii called and the Resolution was adopted by the following vote: ;I AYES: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. it NAYS: None. The Resolution was thereupon signed by the Mayor and in evidence of approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -2- 9141 RESOLUTION NO. 89-120 A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO INCREASE THE AUTHORIZED AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT) OF THE CITY OF IOWA CITY, IOWA, FROM NOT TO EXCEED $3,000,000 TO NOT TO EXCEED $5,000,000, CALLING A PUBLIC HEARING ON THE PROPOSAL TO INCREASE THE AUTHORIZED AMOUNT OF SAID BONDS AND AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (the "Issuer") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing educational opportunities within or near the Issuer in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the Issuer and of the State of Iowa; and WHEREAS, the Issuer has previously been requested by Michael Development, a Minnesota General Partnership (the "Borrower"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquiring land and constructing a facility thereon to be leased for use in the manufacture of seamless cans (hereinafter referred to as the "Project"), which Project will be owned and operated by the Borrower; and WHEREAS, the City Council, pursuant to Resolution No. 88-236, adopted on November 15, 1988, scheduled a public hearing and provided for the publication of notice thereof as required by Section 419.9 of the Act and Section 147(f) of the Internal Revenue code of 1986, as amended (the •Code"), and authorized the execution of a Memorandum of Agreement between the Issuer and the Borrower; and WHEREAS, the City Clerk duly published such notice of the Issuer's intention to issue its Bonds, as directed by the City Council, and a public hearing was held on December 13, 1988, and there being no objection to the proposed issuance of said Bonds, the City Council, duly adopted Resolution No. 88-253 on December 13, 1988, determined to proceed with the necessary steps relating to the issuance of said Bonds in an amount not to exceed $3,000,000; and WHEREAS, the Issuer has now been advised that the Project will be expanded and that, as a result, the amount necessary to finance all or a portion of the cost of acquiring, constructing, -3- 9yl improving and equipping the expanded Project, including necessary expenses incidental thereto, will require the issuance of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer and Borrower pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of, interest and premium, { if any, on said Bonds, as and when the same shall be due; and WHEREAS, the City Council hereby reaffirms its approval of the Project; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to increase the authorized amount of the Bonds as required and provided by Section 419.9 of the Act and by Section 147(f) of the Code. i i NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council fo the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on June 27, 1989, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the City Hall in the City of Iowa City, Iowa, on the proposal to increase the authorized aggregate principal amount of the Issuer's Industrial Development Revenue Bonds (Michael Development Project) from not to exceed $3,000,000 to not to exceed $5,000,000 for the purpose of financing all or a portion of the costs of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an i opportunity to express their views for or against the proposal to issue such Bonds in the increased amount; and at said hearing, or any adjournment thereof, this City Council shall adopt a Resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the Issuer is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the Issuer, a Notice of Intention to issue said Bond in substantially the following form: -4- _/moi I RESOLUTION NO. 89-121 RESOLUTION ACCEPTING WATER MAIN IMPROVEMENTS AND AUTHORIZING EXECUTION OF A LIMITED RELEASE FROM REQUIREMENTS OF CONDITIONAL ZONING AGREEMENT GOVERNING SOUTHWEST ESTATES, PARTS THREE AND FOUR. WHEREAS, on January 26, 1988, the City of Iowa City, Iowa ("City") entered into a Conditional Zoning Agreement ("Agreement") under Chapter 414, Iowa Code with Developer Seville Corporation ("Developer") in order to protect the public interests against the impacts of out -of -sequence development; and WHEREAS, this Agreement required the Developer to install and pay for certain public improvements relating to paving, sanitary sewer and water mains ordinarily subsidized by the City, in consideration for approval of Southwest Estates, a Subdivision located in Iowa City, Iowa; and WHEREAS, Developer has now satisfactorily installed said public improvements in Soutfiwest Estates, Parts Three and Four, and the City has accepted and approved the sanitary sewer, storm sewer and paving improvements, Resolution No. 88-246, pursuant to the Subdivider's Agreement; and WHEREAS, Developer now wishes to remove clouds on the title of lots within his Subdivision and the lack of acceptance of the water main improvements; and WHEREAS, as agreed between City and Developer, the City Water Division has installed the water main improvements, and the Engineering Division now recommends acceptance of the improvements, see "Exhibit A" attached; and WHEREAS, the Legal Department has reviewed the Conditional Zoning Agreement, and recommends the Mayor execute and the City Clerk attest a Limited Release to remove existing clouds and/or liens on the title of lots within this Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The Water Main Improvements in Southwest Estates, Parts Three and Four, should be and hereby are accepted and approved. 2. The Mayor is authorized to execute and the City Clerk to attest a Limited Release - Conditional Zoning Agreement, attached hereto as "Exhibit B." It was moved by Larson and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald 9r0t I ( Resolution No. 89-121 Page 2 Passed and approved this 30th day of May 1989. City of Iowa City I M E M O R A N D U M t TO: Linda Gentry FROM: Denny Gannon 3tnnN QAVcjh DATE: May 23, 1989 RE: Southwest Estates, Part Three and Part Four The public improvements relating to paving, sanitary sewer, and storm sewer have been installed by the developer in Southwest Estates, Parts Three and Four. These improvements were accepted by the City Council of the City of Iowa City on December 13, 1988. A copy of resolution no. 88-246 is attached. The cost for the water main improvements proposed for Southwest Estates, Parts Three and Four, has been paid by the developer. The water main improvements have been installed by the Water Division of the City of Iowa City. Releases from the Subdivider's Agreement for all lots in Southwest Estates, Part Three and Southwest Estates, Part Four, have been issued and recorded. The releases apply to all public improvements except for the stormwater management facility and sidewalks. Copies of the releases are attached. 184/, el9 RESOLUTION NO. 88-246 RESOLUTION ACCEPTING THE SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMENTS FOR SOUTHWEST ESTATES SUBDIVISION, PART THREE AND PART FOUR WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and storm sewer improvements for Southwest Estates Subdivision, Part Three and Part Four, as constructed by Maxwell Construction Co. of Iowa City, Iowa. Paving improvements for Southwest Estates Subdivision, Part Three and Part Four, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by — _Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 13th day of December, 1988. LW n MAYKDepartment 'Ap ORM ATTEST:j�v.� J TGL1/✓ /�8/O o CITY CLERK Leg 9�z RELEASE 1. Date: December 16, 1988 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following described property: all lots in Southwest Estates Subdivision, Part Three from a lien or cloud upon the title placed thereon by a certain contract entered into with the developer of said subdivision and the City of Iowa City, Iowa, which agreement was dated June 6, 1988, and recorded in the Office of the County Recorder, Book 1013, Page 1, except for any requirements relating to sidewalks and storm water management facility. That the improvements 'stated in said agreement have been installed by the Developer and the City of Iowa City hereby waives any of the requirements of the said agreement, except those relating to sidewalks and storm water management facility, The City of Iowa City, Iowa By:Va4e-.-I /' �%YJ� ayor ATTEST: i 1 1_ SEAL Eli4f�� flz.u,v ) 7fv 7Ca2 City Clerk .. 7542 FILED 1'D E . _ 90Ci b _ 1G6�t- 88 DEC 19 pi; 1: 19 f .IP: i .:... l.. P)'4 State of Iowa ) ) SS: Johnson County ) On this .1.1Q' day of �! fn .1 .. 19?R , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say ;hat they are the Mayor and City Clerk, respectively, of said municipal :orporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, -y it and by them voluntarily executed. A aLry Public in and for Johnson County, Iowa ARMIAL SEAL VOLJC39 ►A,l 425 C!M I RELEASE - Date: December 16, 1988 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following described property: all lots in Southwest Estates Subdivision, Part Four from a lien or cloud upon the title placed thereon by a certain contract entered into with the developer of said subdivision and the City of Iowa City, Iowa, which agreement was dated June 6, 1988, and recorded in the Office of the County Recorder, Book 1013, Page 21, except for any requirements relating to sidewalks and storm water management facility. That the improvements stated in said agreement have been installed by the Developer and the City of Iowa City hereby waives any of the requirements of the said agreement, except those relating to sidewalks and storm water management facility. The City of Iowa City, Iowa By: `jam /l"`-�1L/ FILED H0. _J ayor BOOKA PAGE ATTEST: CORPORATE SEAL 88 DEC 19 P11 1: 19 �/J y arcunrle�i }�,u��.� � XO.IeJ Jr,!t=:,nrrCe.,m•Ir,1 City Clerk State of Iowa ) ) 'SS: Johnson County ) On this j(Qj:- day of 1911, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr; to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. -Inn i�J(1`A,..neI4Y/�1�171�1�� SEAL Notary Public in and for Johnson Cqunty,•Iowa J• C LIMITED RELEASE - CONDITIONAL ZONING AGREEMENT 1. BE IT KNOWN BY THESE PRESENTS that the City of Iowa City, Iowa ("City") hereby releases the following described property from certain requests for installation of public improvements noted in Paragragh 2 of the Conditional Zoning I Agreement entered between the Developer Seville Corporation ("Developer") and the City Dated January 26, 1988, and 1 recorded at Book �%3 , Page ��-3 of the Johnson County Recorder's Office: Southwest Estates, Part Three and Part Four. I 2. City states that the public improvements, namely street j paving, water mains and sanitary sewer lines ("Improvements") have been installed by the Developer and accepted by the City, and that the City hereby releases the above property from any liens, clouds on title and/or encumbrances by reason of specific requests set forth in Paragrph 2 of the Conditional Zoning Agreement. 3. City further states that this Release is for a limited purpose only, to -wit, to release the above-described property from any lien or cloud upon the title hereto by i reason of the Developer's obligation stated in Paragraph 2 of the Conditional Zoning Agreement. EXHIBIT B s 944X 4. Nothing herein shall be construed to include release of the Developer's continuing obligation set forth in the Subdivider's Agreement to install stormwater detention facilities and/or sidewalks; but City affirms that i acceptance of said requirements shall be separate and apart from this Release, and shall be separately issued as by law provided. Dated this 30th day of May, 1989. CITYF IOWA CITY, IOWA Mayor ATTEST: I 24aa.tQ d e. -AAA1 aty Clerk State of Iowa ) SS: Johnson County ) On this 30th day of May 19 89 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument j to be the voluntary act and deed of said municipal corporation, by it and by them voluntarilly executed. Notary Public in and for Johnson County, Iowa A� PR�VEA�1S TD FOR LEGALD,EPApRTMENT I _ m ''(' RESOLUTION NO. 89-122 RESOLUTION AUTHORIZING THE SALE OF THREE IOWA CITY TRANSIT BUSES TO THE UNIVERSITY OF IOWA WHEREAS, the City of Iowa City is the owner of three (3) 1977 Flxible transit coaches (City Vehicle No. 615, VIN #62647; City Vehicle No. 616, VIN #62648; and City Vehicle No. 617, VIN #62649; which the University of Iowa has been leasing from the City since August 23, 1988 for use in the CAMBUS system; and WHEREAS, the University has expressed a desire to purchase said buses for said use; and WHEREAS, the City has determined that it has no future need for the use of said buses in Its transit system; and WHEREAS, the depreciated value of said buses has been determined to be $6,930.00. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the sale of three 1977 Flxible transit coaches to the University of Iowa, pursuant to the Bus Purchase Agreement attached hereto, be and the same is hereby approved. AND BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute said Agreement and all other necessary documents to effect said sale, for and on behalf of the City of Iowa City, Iowa, It was moved by Larson and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 30th day of May 1989. �I ATTEST: CITY -CLERK YOR Approved as /to Form 1 gal Department S-JS-�y 9�3 BUS PURCHASE AGREEMENT WHEREAS, the City of Iowa City Is the owner of three (3) 1977 Flxible transit coaches (City Vehicle No. 615, VIN #62647; City Vehicle No, 616, VIN #62648; and City Vehicle No. 617, VIN #62649) which the University of Iowa has been leasing from the City since August 23, 1988 for use in the CAMBUS system; and WHEREAS, the University has expressed a desire to purchase said buses for said use; and WHEREAS, the City has determined that it has no future need for the use of said buses in its transit system; and WHEREAS, the parties are In agreement that the value of said buses is $6,930.00. NOW, THEREFORE, the City of Iowa City, as Owner, and The University of Iowa, as Purchaser, do hereby agree as follows: 1. The City agrees to sell and the University agrees to purchase the three (3) Fixable transit coaches (buses) Identified in the preamble hereof at a purchase price of $6,930.00. The purchase price will be paid to the City at such time as the City delivers possession of said buses to the University, along with the Registration and properly executed Certificate of Title for each bus. The University agrees that it will thereafter promptly file all appropriate documents in State and County offices to effect said change in ownership. 2. The University acknowledges and agrees that it is purchasing said buses "as is and where is", and that the City is extending no guarantees or warranties as to the condition of said buses, or as to their fitness for use or for particular use. The University further agrees that it will not assert any claim against the City arising out of its future use of said buses. City of Iowa City, Iowa - OWNER By ephen J. Pins, onageLr The University of Iowa - PURCHASER r By: ia9i=2tn= ellen M" L 11111111011 awlnw W®pr LEGAL DEPARTMENT 9�3 RESOLUTION N0. 89-123 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, AND PERMANENT ROADWAY EASEMENTS, ALL IN CONJUNCTION WITH THE STATE HIGHWAY N1 AT I-80 PAVING IMPROVEMENTS PROJECT, PROJECT NO. RM -3715(3)--9 D-52. WHEREAS, the City of Iowa City, in cooperation with the Iowa Department of Transportation, has undertaken a project to make paving improvements (additional traffic lanes and turn lanes) on Highway H1 at the I-80 Interchange, which improvements are being funded by City funds, State RISE funding and Federal 4R funding; and WHEREAS, pursuant to the Agreement for RISE Funding between the City and IDOT, the City is required to acquire certain properties and easements for said project; and WHEREAS, this City Council has been advised and has determined that the acquisition of said properties and easements are necessary for the construction of said public improvements and are for a necessary public purpose; and WHEREAS, the City has obtained an appraisal for each of the said acquisitions and has submitted said appraisals to IDOT for review; and WHEREAS, City staff should be authorized to acquire said properties and easements at the best overall price and cost to the City as reflected in said appraisals, or as determined by IDOT pursuant to its review of said appraisals. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and directed to negotiate the purchase of said properties and easements for the State Highway k1 at I-80 Paving Improvements Project, designated as Parcel Nos. Hwy. 1/I-80.01 through Hwy. 1/I-80.05, at the appraised values indicated on Exhibit A hereto, or as hereafter reported by the City's appraiser, or at such revised values as the IDOT may hereafter determine pursuant to its review of said appraisals. AND BE IT FURTHER RESOLVED that in the event such properties and easements cannot be acquired by negotiation at the appraised values determined as indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such properties or easements. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Resolution No. 89-123 Page 2 Passed and approved this 30th day of May , 1989. ATTEST• IT LERK j, i Parcel No. 1 2 3 4 5 6 7 [] ACQUISITIONS FOR STATE EXHIBIT A HIGHWAY NO 1 AT INTERSTATE 80 PAVING IMPROVEMENTS PROJECT Appraised Value Owner Interest To be Acquired of Being Interests Acquired Rapid Creek Development Permanent Roadway $ 587 Easement NCS Permanent Roadway $ 14,000 Easement Plum Grove Acres Fee Title $ 91,900 NCS Fee Title $ 135 NCS Fee Title $ 2,797 NCS Permanent Maintenance $ 1,241 Easement NCS Temporary Construction $ 4,852 Easement Herman Fuhrmeister Permanent Roadway $ 1,964 Easement Northgate Park Assoc. Permanent Roadway $ 2,754 Easement RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, AND PERMANENT ROADWAY EASEMENTS, ALL IN CONJUNCTION WITH THE STATE HIGHWAY N1 AT I-80 PAVING IMPROVEMENTS PROJECT, PROJECT NO. RM -3715(3)--9 D-52. WHEREAS, the City of Iowa City, in cooperation with the Iowa Department of Transportation, has undertaken a project to make paving improvements (additional traffic and turn lanes) on Highway H1 at the I-80 Interchange, which improveTeT are being funded by City funds, S ate RISE funding and Federal 4R funding, a WHEREAS, this City Council has been adv' ed and has determined that the acquisition o certain properties and easements are necessary for the construction of id public improvements d are for a necessary public purpose; and WHEREAS, the City h obtained an ap aisal for each of the said acquisitions and has submitted sal appraisals t IDOT for review; and WHEREAS, City staff s ould be uthorized to acquire said properties and easements at the best ov rall p ce and cost to the City as reflected in said appraisals, or as determi d by IDOT pursuant to its review of said appraisals. NOW, THEREFORE, BE AND IT IS EREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA, that the C' Manager or his designee is hereby authorized and directed to negotiate the pur ase of said properties and easements for the State Highway N1 at I-80 aving mprovements Project, designated as Parcel Nos. Hwy. 1/I-80.01 through WY. 1/I 0.05, at the appraised values indicated on Exhibit A hereto, or a hereafter eported by the City's appraiser, or at such revised values as the IDOT may her fter determine pursuant to its review of said appraisals. AND BE IT FURTHER RESOLVED that in th event such properties and easements cannot be acquit d by negotiation at a appraised values determined as indicated above, the City Attorney be and h is hereby authorized and directed to initiate con emnation proceedings for the cquisition of such properties or easements. It was mob d by and secon d by the Resolution a adopted, and upon roll call there wer AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald 91*5f _ i i I i I ' I i I Resolution No. Page 2 Passed and approved this day of 1989. 1 '. EXHIBIT "A" ACQUISITIONS FOR STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVEMENTS PROJECT PARCEL NO. NAME INTEREST TO BE ACQUIRED Hwyl/I-80.01 Rapid Creek 1. Permanent Roadway Easement De opm\ Co. Inc. 1. Fee Title 1. Fee-Tit 2. Permanent Roadway Easemen 3. Permanent'm intenance sement 4. Temporary Con uc 'an Easement APPRAISED VALUE OF INTERESTS TO BE ACQUIRED Permanent Roadway Easement \ RESOLUTION NO. 89-124 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL- CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1989, through June 30, 1991, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 30th day of May , 1989. 4_ 'r, 0-aioe — OR Ap ved s to Form ATTEST: CITY CLERK Legal Department 9�" i i r. RESOLUTION NO. 89-124 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL- CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1989, through June 30, 1991, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 30th day of May , 1989. 4_ 'r, 0-aioe — OR Ap ved s to Form ATTEST: CITY CLERK Legal Department 9�" I CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1989 ffli JUNE 30, 1991 r i i i i I± 'I TABLE OF CONTENTS ARTICLE PAGE Preamble . . . . . . . . . . . . . . . . . . . . . . . 1 Article I -- Recognition . . . . . . . . . . . . . . . . . 2 Article II -- Management Rights . . . . . . . . . . . . . . 2 Article III -- No Strike - No Lockout . . . . . . . . . . . 3 Article IV -- Dues Check Off . . . . . . . . . . . . . . . 3 Article V -- Hours of Work . . . . . . . . . . . . . . . . 4 Article VI -- Overtime . . . . . . . . . . . . . . . . . . 5 Article VII -- Special Leaves . . . . . . . . . . . . . . . 6 Article VIII -- Holidays . . . . . . . . . . . . . . . . . 9 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . 10 Article X -- Vacations . . . . . . . . . . . . . . . 12 Article XI -- Union Activities . . . . . . . . . . . . . . 13 Article XII -- Uniforms and Equipment . . . . . . . . . . . 13 Article XIII -- Insurance .14 Article XIV -- Duty Outside the City, 15 Article ,XV -- Training Programs . . . . . . . . . . . . . . 15 Article XVI -- Bulletin Boards . . . . . . . . . . . . . . 15 Article XVII -- Personnel Transactions . . . . . . . . . . 16 Article XVIII -- Discipline . . . . . . . . . . . . . . . . 16 Article XIX -- Transfer Procedures . . . . . . . . . . . . 17 Article XX -- Supplemental Employment . . . . . . . . . . . 17 Article XXI -- Safety . . . . . . . . . . . . . . . . . . . 17 Article XXII -- Grievance Procedure . . . . . . . . . . . . 18 Article XXIII -- General Conditions . . . . . . . . . . . . 20 Article XXIV -- Waiver . . . . . . . . . . . . . . . . . 21 Article XXV -- Savings Clause . . . . . . . . . . . . . . . 21 Article XXVI -- Duration . . . . . . . . . . . . . . . . . 21 Article XXVII -- Wages . . . . . . . . . . . . . . . 22 Article XXVIII -- Other Compensation . . . . . . . . . . . 22 Article XXIX -- Use of Time Off . . . . . . . . . . . . . . 23 Ii I� PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the urpose of promoting harmonious and cooperative collective bargaining etween the parties. The parties agree to the following specific provisions: I i i I ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieuten- Training Officeand ptains and r, Fire Marshall, and allheFire those excluded Battalion by Sectioni4fof Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1915. This Contract is not intended to bind either party with respect to future unit determinations or rights of representa- tion of new titles, departmental reorganization or any other administrative variations of the present department organization. The City or otherwise anyrother rees tgrouphat t n�diividual, not soronlaborsor rorganiization,aforathe purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, loca- tions, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mis- sion. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. 3 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employ- ees in the bargaining unit, while acting in the course of their employ- ment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of dispu es`arissing out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancella- tions received by the 15th of the month will become effective on the first of the next month. Sectin 4. Th abe and will be hd baeless for damagearising bye evirtue ofimi taknot esliinlconnection withelfu dlsmcollected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. i I F11 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battal- ion Chiefs of the respective shifts 24 hours in advance except in the case off emergency when quired. e s t€c__Periods_of notice are re - b. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rais nk made by the Fire Chief for a period which exceeds 72 consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. 5 Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. j b. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute peva- ty-f�rdiness'-annually.-This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, finan- cial considerations, and employee preferences in determining whether ■ 6 overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. j Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. if the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six m nute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work, i 'E.g., if a unit is called out at'F30 A.M. for a fire -'and are'unable to return to the station until 7:20 A.M., each crew member who has j received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of l overtime. i ARTICLE VII j SPECIAL LEAVES I II Section 1. On the Job Injury. Upon application the City may grant a leave of absence withpay in a event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, I b. The City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without 9�� 7 pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents sister, brother, or grandparents. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensa- tory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents - in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; c. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. d, shall not earn sick, vacation, or other leave; e. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 9� F 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so a a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required ffo—Te--aiffs—RT from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military �L�eave. The City will comply with the Code of Iowa on military Te—ave. e. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absencewig ou payif she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the *7 VJ anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independ- ence Day (July 4); Labor Day (first Monday in September); Veteran's Day i (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employ- ees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question,employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval, i Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. 9�s 1 10 Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumu- late unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumu- lated sick leave on the basis of the employee's current hourly base i salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June' -28, 1985:'-" Emp9oyees—hired' on--or-after June -29,--, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termina- tion. Section 2. Use of Sick Leave. �I it a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's �{ statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for II doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. 9�s" 11 Section 3. Notifications. An employee shall notify his/her supervi- sor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City -Union committee may waive such payback due to the death or permanent disability of the em- ployee. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up on one Union representa- tive, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. 12 The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individu- als. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1981. - No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according—%E 5 following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours (8 shifts/yr) 192 10 years 1 day -15 years 18 hours (9 shifts/yr) 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 More than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours el-igible •for -carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after a she as been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. !ment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more that two hundred eighty-eight (288) hours of accumu- lated vacation leave at the current base rate of pay. 1 1 13 ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to wo shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Conven- tion.' The Union 'ill designate in-WFiting who will -'attend-the-convention—• --- ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off u y o a end the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Neo�tiattiions. In the event that the parties to this contract determine _fhat�re negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equip- ment which are required for employees. The following uniforms will be provided: Uniform cap Spring/Fall jacket Necktie Belt 3 summer shirts Fire Fighting helmet 3 winter shirts Turn out coat 3 dress pants Bunker pants Work gloves and mitts Day boots ale 14 Winter coat Night boots 3 work pants 1 pair work shoes 2 tee shirts Department patches/badges Sweatshirt Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as a ue Cross/Blue Shield "Iowa 5000 . two-day deductible plan for—employees-and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated"Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, custom- ary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The city will provide dental insurance for employees, am y denta7 insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this i 77r ■ 1 15 agreement. The City shall not be prejudiced in future collective bargain- ing by paying full individual dental insurance premium costs that are in excess of $1.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employ- ees within the bargaining unit is ofprimaryimportance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI i BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. 9�� s ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transac- tions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of discipli- nary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notifica- tion of same at the time of such disciplinary action or within one working shift after such action) 2. Written reprimand or warning 3. Suspension with loss of pay 4. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. 94-0 v ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will -consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two condi- tions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary trans- fers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section i of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. 18 Section 4. Safety Committee. A safety committee composed of representatives ofof th�and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one repre- sentative will represent a grievant for any one grievance. The represen- tative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this con- tract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion ett;een the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the 19 grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following comple- tion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated repre- sentative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a state- ment from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond...to ,the grievant within fourteen (14) calendar -days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her represen- tative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar daysfollowing receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The ion selected byithetCitypandethenUnionll be withinofiveted (5)bdays afteran rator tnoticeobe has been given. if the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Con- ciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator the eorto tordtosu tdenforce thiswrittenContract but shallhavnopower doapply, ractfrom, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. iF 20 Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under -the -laws of Iowa. Section 2. The City and the Union agree they will not act to dis- criminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Civic Center lot wily held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $10.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in admini- stering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union repre- sentative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if—a—va-MaUT-e—aE times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. if the Union wants additional copies, the City will provide at cost. 21 Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and condi- tions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the author- ized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1989, and June 30, 1991, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any exten- sion thereof. 9415- 22 ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by two and three- quarters (2.75) percent at the beginning of Fiscal Year 1990 and by three and one-half (3.5) percent at the beginning of Fiscal Year 1991, said adjustments to become effective on the appropriate dates as defined in Section 1 above. A copy of the pay plans for FY90 and FY91 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. Step C - after six (6) months at Step B. Step D - after one (1) month at Step C. Step E - after one (1) month at Step D. Step F - after one (1) month at Step F. Step increases shall be"granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2%) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1989 for FY90 and May, 1990 for FY91. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. 9�s ; ii i '1 ; li it i II 23 d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9Z). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Further- more,any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity _Pa . A payment will be made to permanent full-time employees assoo eecem er 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 FY90 FY91 5 years 1 day - 10 years $200.00 $275.00 10 years 1 day -.15 years 275.00 350.00 If 15 years 1 day - 20 yZTf -----375 OO 450.00 20 years 1 day + 475.00 550.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December i of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of one hundred dollars ($100.00) on the second pay day of the fiscal year. i ARTICLE XXIX USE OF TIME OFF i Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and sched- uled, its use shall not be denied except: i i 24 I. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replace- ment is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. BY BY CITY OF IOWA CITY, IOWA Date: May 30, 1989 IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: /��j BY:' 2k Date: y y gas Hr Biwk Ann Hr Biwk Ann Hr Biwk Ann Hr Biwk Ann Hr Biwk Ann Hr Biwk Ann 1 7.38 826.56 21,490.56 9.12 1,021.44 26,557.44 9.97 1,116.64 29,032.64 1 7.64 855.68 22,247.68 9.44 1,057.28 27,489.28 10.32 1,155.84 30,051.84 FIRE PAY PLAN FY90 (June 24, 1989) 2 3 7.70 8.04 862.40 900.48 22,422.40 23,412.48 9.52 9.97 1,066.24 1,116.64 27,722.24 29,032.64 10.39 10.86 1,163.68 1,216.32 30,255.68 31,624.32 FY91 (July 7, 1990) 2 3 7.97 .8.32 892.64 931.84 23,208.64 24,217.84 9.85 10.32 1,103.20 1,1¢5.84 28,683.20 30,051.84 10.75 11.24 1,204.00 1,258.88 31,304.00 32,730.88 4 8.36 936.32 24,344.32 4 8.65 968.80 25,188.80 5 8.73 977.76 25,421.76 5 9.04 1,012.48 26,324.48 EXHIBIT A 6 9.12 1,021.44 26,557.44 APPENDIX B i IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual. Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Now and office calls needed to diagnose or treat a medical condition * Imaunizations-r@Wirsd-by-a-Subscr4ber-o"ny-- Person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private roam and board . Necessary services and supplies . Operating rooms. intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services Outpatient SurDiagnositc x-ray and laboratory services Accident care HOME HEALTH CARE 90/10 . Services provided by a Registered Nurse . Services prescribed by a physician PHYSICIAN SERVICES 90/10 • Hoye and office vists • One routine annual physical exam . Pre -natal and post -natal care in physician's office • Iaawmizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 utpat ent - 0 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 Un m toRoom anTToard Services and supplies L?w THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other. services are subject t0 a $100 contract deductible per calendar year . Prescriptions Nursing Services . Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches . Air . Durable medical equipment . Ground . Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT . Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. . Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. . Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include _ _.Prescription drugs, _ser_vlces of _a_Registere9_Nurse,_ambulance services, home Aealth care and Drace'. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscriber' s' expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 cc -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for cove services incurred during the months of October, November and December and Mich are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deduetlble. W09co�• •— S 1 or 2 dry 90%M0% $100 deducEDl, dwfnlCb a07Vle% m/ 3500 W cciarm , mimiml/11 9� w1na M M Summary of Bone% DELTA DENTAL COVERAGE Doha Dental Plan of Iowa cowrage not only provides a variety of benefits but 2190 encourages timely and eRectiw dental malntanana. Mom than 11110% of the dentists In Iowa participate in the Delta Daniel Program. Doha Dental payment 19 based on Usual. Customary and Reesonabls allowances, Subject to deductible and copsyment provi. WON of 00 e (lots Della Dentalogram includes a'medical neaaiW provision which anaures coverage for dental esrvias provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa. the Dena Dental flan naives claims directly from participating dentists. And we pay them directly for you. That eliminates clainwhendling dares for you and your employees — and saws valuable time and mor" provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These bandits are combined to most your needs: Prevsntl"AUIntanana benefit includes: e Routine daekups at six-month intervals including bitewing x-rays at 12 -month intervals. e Teeth cleaning once every six months. e Topical fluoride applications as prescribed but no more than once every six months. e Full -mouth x-rays once in any three-year interval unless special need 19 demonstrated. Routine Ratoratiw benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative are). e Emergency treatment for relief of pain. Major Restaatlw benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. ONta�Da�noW�Plen T•7 Delta Dental Plan of Iowa RATE QUOTATION PLAN 11 Program Bone% ® Pravemive Maintenance ® Routine Restorative © Major Restorative O Dental Prosthetics O Periodontics O Orthodontia O Dependents to age O Full-time students O Adults Deduotble ar Program Maximums Single $ 500 per year Family $ __M— per member, per year 0 Lifetime benefit maximum on Orthodontics S Program Rates• Single $ per month Family S _ _ per month These rates guaranteed for 12._ months beginning on 7-1-85 taaul if purchased by 7-1-85 tint) 'Hates quoted here are baud based upon emus information provided and acquiri s mi "m1 o190r� of tool el' ible em rte and maintaining doyen for the duration of the contract. ear Aullhorived This is a general iption of corer covarege is subject to the terms and conditions is a Nnernem of contract. Actual and mrdlmard rapidstipq in bra rrlrr, dK Contr�aa�becom athe ��aaetl i I I 9�s Of 11"ll SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 510 MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect. from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on in outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not i performed on an outpatient basis, and without prior approval by Blue f Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Haan Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (prewithhoiding). Oocunantation of the ear ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). jd. Outpatient Treatment of Substance Abuse This option would make available, but not mandatary, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CI 'I OF A CI IAFF, AFL-CIO, LOCAL 1610 CITY MANAGER PRULUENI Oeste"" fa/�Sdiy Date: 94(r SETTLEMENT AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 MAY 2, 1986 The parties agree that it is in their interest that the following terns of agreement be enacted supplementary to the existing FY86 collective bar- gaining agreement, the effective term of the settlement agreement to be from July 1, 1986 to June 30, 1987. 1. Effective 7/1/86 the base pay of each step of the Iowa City Fire Department Firefighters, Lieutenants and Captains will be increased by 3.55, said adjustment to become effective on the appropriate date as defined in Article XXVII, Section 1 of the FY86 collective bargaining agreement. 2. Parking permits. Members of the IAFF Local 610 bargaining unit shall be required to pay parking fees for permits in an amount equal to that charged other City employees who park in the Civic Center parking lot. 3. It is understood that the Fire Chief is contemplating recommending to the City Manager the purchase of the following clothing and equipment items for bargaining unit employees: A. T-shirts. B. Nomex hoods. C. Masks/face pieces. 4. Temporary vacancies. The Association agrees that it has no complaint as to the method of the Fire Chief in filling temporary vacancies which exist on 5/2/86. 5. FLSA. The Union does not object to the current method used by the City in paying FLSA monies. 6. The prohibited practice charge filed by the Association will be held in abeyance pending approval by the parties of this agreement. Should the agreement not be approved, the parties will continue the litiga- tion by submitting the case in affidavit and stipulated facts with the appropriate legal argument and without need for an actual on-site hearing. 7. If the terms of this agreement are approved, the underlying prohibited practice charge giving rise to this agreement shall be dismissed by the Association with prejudice. 8. It is understood that the remainder of the FY86 collective bargaining agreement between the parties will remain as is except as modified by the terms of this agreement and as required to make date changes in Articles XXVI, XXVII, and XXVIII. 9yo -2- CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFES- SIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 8y Mayor es ent Date: June 17, 1986 Dater, /Q,�9�Yi ATTEST: ih ft;d:;,J Al. kami er: i 9�s od RESOLUTION N0. _89-125 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1990. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1989, through June 30, 1990, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco R Balmer x Courtney _x Horowitz x_ Kubby Y_ Larson x_ McDonald Passed and approved this 30th day of May , 1989. ATTEST: A4a. 41 9i) CI CLERK 1.4 YOR App o • d a Fonm �� Legal Department 9wl i I od RESOLUTION N0. _89-125 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1990. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1989, through June 30, 1990, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco R Balmer x Courtney _x Horowitz x_ Kubby Y_ Larson x_ McDonald Passed and approved this 30th day of May , 1989. ATTEST: A4a. 41 9i) CI CLERK 1.4 YOR App o • d a Fonm �� Legal Department 9wl JULY 10 1989 TO JUNE 30, 1990 I 1 II 'II l i 97G TABLE OF CONTENTS ARTICLE PAGE Preamble . . Article I . . . . . . . . . . . . . . . . . . . . . Recognition . . . . . 1 Article 11 . . . . . . . . . . . . . . Management Rights. . . . . . . . . . . . . . 2 2 Article III . . Check Off . . . . . . . . . . . . . . . . . 2 Article IV . . Union Business Agents. . . . . . . . . . . 3 Article V . . . union Meetings . . . . . . Article VI . . . . . . . . . . Bulletin Boards. . . .. . . . . . . . 3 4 Article VII . Seniority . . . . . . . . . . . . . . . . . . 4 Article VIII . Daily and Weekly Hours of Work . . . . . . . 5 Article IX . Overtime -Standby . . . . . . . . . . . . . . 6 Article X Holidays . . . . . . . . . . . . . . . . . . . . . . 7 Article XI . Vacations. . . . . . . . . . . . . . . . . 8 Article XII . Sick Leave. . . . . . . . . . . . . . . . 9 Article XIII Special Leaves . . . . . . . . . . . . . 10 Article XIV . . Lay -Offs . . . . . . . . . . . . . . . . . . . 13 Article XV . . Training . . . . . . . . . . . . . . . 13 Article XVI . . . . . Personnel Transactions. ons . . . . . . . . . . . . . 14 Article XVII -- Shift Transfers. . . . . . . . . . . . . 14 Article XVIII * . . -- Insurance . . . . .. . . . . . . * . . . 15 Article XIX . . Equipment . . . . . . . . . . . . . * . . . 15 Article XX . . Weapons and Equipment .. . . . . . . . . 16 i (I _ Article XXI . . . . Adequate Facilities . . . . . . . . . . . 16 Article XXII . . . Uniforms . . . . . . . . . . .. . . . . . 16 la Article XXIII . . Duty Outside the City . . . . . . . . 17 Article XXIV . . . . Supplemental Employment. . . . . . . . . . 18 Article XXV . . Position Classification . . . . . . . . 18 Article XXVI . . . . e Grievance Procedure. . . . . . . . . . . . . . . . 18 Article XXVII -- Effective Period. . . 21 Article XXVIII . . -- Compensation . . . 22 Article XXIX -- . . Public Emergency . . . . . . . . . . . . . II 23 ,Article XXX -- . . General Conditions. . . . . . . . . PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union.' The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimina- tion. That parties specifically agree to the following Articles: iP li I I I� I I ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall in- clude all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become con- fidential, administrative, supervisory, or less than halftime employees or those excluded by Chapter 20, Code of Iowa. Section the ll ntiate au- thorized epresentati es yand nthere will be no p ivate agreementsobetween officers an supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and author- ity include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in per- sonnel by which its operations are to be conducted and to de- velop and enforce rules of work and safety standards. y. To take such actions as may be necessary to carry out its mis- sion. �r- i. To exercise's 1 powers aand�duties grantedtto its budget. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employ- ers wno individually authorize in writing that such deductions be made. i 3 Authorizations delivered to the City ten (10) days prior to the first day Of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. checks of leach month, andffshalleybe will be remittedde toga herr from anirst itemized statement, to the Union Treasurer within the ten (10) days after the de- ductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no cancel a part of the bargain- tiing on forunit. An off (upon rten ma �10)v days aril written anoticeor revoke to the City Land horithe Union. Section 4. The City agrees to withhold, upon receipt of proper au- thorization from eacho officer's e sum of siDollars a5 salary tobe by theCityatleastonce quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such shall be conducted gsoias not to interfereiwithtnves outine City or administration and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the Purpose of hoiding scheduled Union meetings. Sectiaa 2. With the permission of the Chief of Police, officerson duty may be permitted to attend any Union meeting. 9�G 4 ARTICLE VI BULLETIN BOARDS Section I. The City shall provide a bulletin board to be lo- cated in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorse- ment or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City po- lice officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2, The City in cooperation_, with the Union _shall maintain and keep posted on the Wl'lebord tin—areferred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive sched- uled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Re- ceipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disa- bilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of senior- ity will be determined by lot. Section 5. Except as otherwise specifically provided herein, senior- ity shall be the controlling factor to be considered in making determina- tions for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. i I ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last regularly scheduled working --day aml--ending-at--the•start of the ---- next regularly scheduled working day as set forth in the sched- ule in Section 1, subsection b. For example: (1) For an officer assigned to the 7am to 3pm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly sched- uled working day. (2) For the 3 pm to 11 pm shift, days off commence at 11 pm on the last regularly scheduled working day and end at 3 pm on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) con- secutive hours with the o icer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. � I Section 3. Rest Periods. To the greatest extent pssWrF, eacn officer shall be gran woo fifteen (15) minute rest perioas during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. 2 Section 4. Lunch Period. To the greatest extent possible, each officer shall be gran a unc period of not less than thirty (30) min- utes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervi- sor. Section 5. Notification. To the greatest extent possible, an officer shall be note i wen y- our (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regu ar pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of -Section 8. of this...... Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as herein- after defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disap- proved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1-1/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. than twenty -ion four 3 four(24) Officer oleft hourspriornoticellk and is recalled i shall receive credit fora minis mum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual offi- cer, his/her availability, w -a nis/ner desire to per- form the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited tanaerd- Overtime accumulation shall commence on July 1 of each year (see Section 7 below). 1 7 c. The parties agree that the above overtime equalization pro- visions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours imne a e y o lowing and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (1/2) hour immediately following his/her normal work day, or b. One additional one-half (1/2) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or des ira a or a City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week•or weekend call. Section 7. Accumulated Overtime, Overtime accumulation for time off shall not exceed forty (40) hours in any one fiscal year and any ex- cess in accumulation over forty (40) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer, overtime earned as defined in this section will be compen- sated at the appropriate overtime rate. ARTICLE I HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's l kw •� 1); yasftbgr *s Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanks- giving; Christmas Day (December 25); and one personal leave day. 9�c P Section 2. In addition, there shall be granted to officers who do not work a continuous shift the day before or after Christmas or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 11 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July I annually. Any con- tinuous shift officer who begins work after July 1 of any year will re- ceive credit for the remaining holiday dates until the following July I. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor_.Day).._ _._ __.___.____... _. e.g., Officer 8 receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of addi- tional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a pe- riod of twenty-four24) hours thereafter. The shift starting time con- trols holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE YI VACATIMS Section 1. Vacations shall be earned and accumulated by pay pe- riod according to the following schedule: 9 Length of Service Days Earned Per Month 0-5 years 1 5-10 years 1 1/4 10-15 years 1 1/2 15-20 years 1 3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for eac mo�fh, a d shall have the right to accumulate un- used sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any offi- cer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (1/2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers' MFW -on oF after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An officer must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of acanulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable noti- fication by the supervisor of the need for a doctor's state- ment will be given in order to allow time to comply, b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. 10 (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on u y on the shift immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the offi- cer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury, or illness of an officer while on duty provided the following conditions exist: ' a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and b. The medical advisor of the I.C.P.P.B. determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.B. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the I.C.P.P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compen- sability by the I.C.P.P.B. However, in the event that the injury or illness in question is subsequently determined to be non -compensable by the I.C.P.P.B., the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence wm no oss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of VsJher spouse, children, mother, father, grandparents, stepparents, sister, or brother. 7 i � j 11 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents -in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/her supervisor. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time OF from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termina- tion of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if ap- plicable, voluntarily retired on the.last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the. employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the car of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond to working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by tae City. 12 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular sta arHgime pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Time spent on ,fury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to e a sen ran work for the purpose of testifying in court or appearing in response to any legal sumnons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Militar LeaOfficers belonging to or called by any branch of the Arm orces o ve. e United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original enployeent date for the purpose of determining seniority and eligibility for salary ad- vancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, stal, z- µ: election if it :s act reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapaci- tated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify Q�� 13 the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of ex- tension granted by the City, the officer will be considered to have volun- tarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be re- quired to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150Z) of his/her hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. :- -e event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training cars is by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. OF f i 14 Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as deter- mined by the Chief of Police. Section 6. This Article shall not be applicable to training pro- grams attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the pur- pose of evaluation, promotion or discipline _of an officer -unless such document has been placed in tW'persdnnel file. i Section 2. The City will promulgate departmental rules and regu- lations and provide each officer with a copy thereof. Upon promulga- tion of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make ap- plication to the Chief of Police. The Chief of Police will not unreasona- bly withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on shit hi No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the fps acd circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. r 15 Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected offi- cer written reasons for and reasonable notice of involuntary shift trans- fers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance Policy now in existence or its equivalent in coverage. The parties agree tare o actively pursue incentives and/or alternatives to the existing health Nual aweverlano such programs edge hwill beeir timplemencootedaexcepttion tupon mutualo achieve tagreement by the City and the Union. The parties shall negotiate increases in health care .costs in the future. I4 i� Section 2. The City shall provide, at no cost single coverage dental insurance officer, for each offito the officer. The parties shall negotiate increases in single dental care costs in the future. Section 3. I �I Policy insuring the Tlife tof said l officede,in tan oamount tequal to annual salar i� y. Any fraction of =1000 in annual salary shall be rounded Ii off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehi- cles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the shift commander. mainuined Section 3. All other equipment furnished by the City shall be by the city in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. i 16 Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with ade- quate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall prop- erly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpen- dable items not returned will be paid for by the officer. Section S. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or i proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police j Department. In addition, officers assigned to walking, traffic I ;. control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT (-- Section 1. Service ammunition for regulation weapons shall be provided by the City. ` Section 2. The City shall provide at least fifty (50) rounds of target anmunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such amnunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being de- termined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other fa- cilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). 7710 17 a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regu- lation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) sunmer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two 2 regulation hat covers. h. Two �2 pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred (;200.00) dollars at the end of every four (4) months for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred dollars ($100.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervi- sor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit' of an offender outside the corporate limits of Ione City, Iowa. 9�` 18 ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their, income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section officer rees the eantnthe feitanadvance the name, andtelephoneumberOfanypoyer,ndifthesup- to ntitonsrelated enes Of cieofythe Cityfthe workchhedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other posi- tions not having civil service certification. Section 2. In the event_ that _any. officer is. designated in a higher job classification on a temporary basis, said officer shall ve his/her own pay or the pay designated for such other clasrecreceiei e tion in which he/she is temporarily serving, whichever is higher, pro- vided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agree- ment. b. An officer will not be required to be represented by a Union steward at any grievance hrR-;%;- A steward shall hate the right to be present for the purpose of ascertaining whether or not the issue involved has am aniicatim to the tletae gew- ally or to other officers whc "w" not filed a grievance. ardsTaanndUfour(t)lalternatethe stewaardsoforstheapurpose of)repre- senting officers in the investigation and presentation of grievances. 19 The Union shall be given written notice to the City Man- ager and Chief of Police the names and address of stew- ards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to inter- fere with assigned police work. Permission to process griev- ances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determinati- on of disputes which arise under the terms and conditions of this Agreeeent. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any griev- ance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of anyy other remedy available except as specif- ically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in_grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a re- sponse to a grievance is not received within the time limita- tion hereinafter provided the grievant may' proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual con- sent of the parties. h. The word 'day' as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled n the fo lowing manner: a. Step 1. —is grrevance shall be presented orally for discus- sTon 1ietween the officer involved, the steward, and the appro- prlate M=3; s:mcvisor within fve (5) working days after knowledge of tate event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the even`_ w response is received fron the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. 9�G 20 i b, Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved per- son, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated repre- sentative who shall, within a period of five (5) working days investigate and document the grievance and issue a deci- sion in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may ibe submitted by the grievant or Union to an advisory griev- ance committee for resolution. The Committee shall consist i of not more than five (5) nor less than two (2) representa- tives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiv- ing the Chief's Step 2 response. The City Manager will accept or reject_ the committee's written recommenda- tion within five (5)— days after it is received. d. Step 4._ A grievance not adjusted at Step 3 may be submitted -- y "t egrievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writ- ing. e. Arbitration. A grievance not adjusted at Step 4 may be sub- mitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Cop- ies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall Sear the cost n' preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. 9� Section 1. This Agreement shall be effective July 1, 1989, and shall continue through June 30, 1990. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. 21 The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbi- trator, a request shall be made to the Federal Media- tion and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applica- ble. Arbitration hearings shall be open to the public unless i the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall.. consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. i � b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terns of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meet- ings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A rep- resentative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE %XVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1989, and shall continue through June 30, 1990. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. 22 ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three and one-half percent (3.55) at the beginning of the fiscal year covered by this agreement based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is included as "Attachment AN to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in Novem- ber in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $275.00 10 years $350.00 15 years $450.00 20 years $550.00 This payment will be pro -rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro -ration. Section 4. Shift Differential. Officers working the 3 to 11 shift on a regular basis wi I receive fifteen (15) cents per hour on to of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive twenty-five (25) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differen- tial at the same rate as their normal duty hours. 23 ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, offi- cials, and employees. I� Section 3. Both parties affirm that the provisions of this Agree- ment shall be applicable to all officers regardless of race, color, relig- ion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all ' previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chances. The Cit shall ive much advance notice—as—possible of any major change of workingtconditionss r CITY OF IOWA CITY / I ' Date: May 30, 1989 TO FORM /aa LEGAL DEPARTMENT POLICE LABOR RELATIONS ORG ZATION OF IOWA CITY II BY: J PRE IDENT BY: ,y i Date: L1�n. cZ . ��( Hr Biwk Ann POLICE PAY PLAN FY90 (June 24, 1989) MINIMUM MID -POINT 1 2 3 10.01 10.27 12.32 800,80 821.60 985.60 20,820.80 21,361.60 25,625.60 4 13.49 1,079.20 28,059.20 m i 'I. POSITION TITLE 40-01 >. Police.Offieer "s =r G i 1 � " is r. t Hr Biwk Ann POLICE PAY PLAN FY90 (June 24, 1989) MINIMUM MID -POINT 1 2 3 10.01 10.27 12.32 800,80 821.60 985.60 20,820.80 21,361.60 25,625.60 4 13.49 1,079.20 28,059.20 m i r SIDE LETTER OF .AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 21, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of. Stay Incentive Following admission into the hospital for childbirth, if length of stay for I the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive Z5L of the correction of an overcharge or overpayment . when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on ail payments to employees.) Maximum payment to employees is $500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes p° su.:w<txace abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. � A CIT A By: CITY MANArSER Date If a Date: i PRICE LAM RELATIONS ORGANIZATION OF IOWA CITY adz CITYOF IOWA CHIC CENTER 41 CITY O E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5 M April 18, 1985 Mr, Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500' Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IG for ouL .Collective Bargaining Bargaining Agreement, an8 'refereed to in Article XVIII, Section 1 and Section 2 of that agreement. it is stoo and Brand r reasonable r rates. Disputesregarding specific is agreed t benefit coverages regclaims customaryon usual,, be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Dale E. He ling Michael E. Goldber Assistant City Manager President, PLRO-IC bj3/9 9TW i i 1 I Y ' 1 1 I CITYOF IOWA CHIC CENTER 41 CITY O E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5 M April 18, 1985 Mr, Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500' Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IG for ouL .Collective Bargaining Bargaining Agreement, an8 'refereed to in Article XVIII, Section 1 and Section 2 of that agreement. it is stoo and Brand r reasonable r rates. Disputesregarding specific is agreed t benefit coverages regclaims customaryon usual,, be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Dale E. He ling Michael E. Goldber Assistant City Manager President, PLRO-IC bj3/9 9TW ■ IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: i ' One routine annual physical examination in a doctor's office or clinic j II • Home and office calls needed to diagnose or j treat a medical condition j * Immunizations _required- by- a_Subscriber or any person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient Home and office vists Semi -private roam and board One routine annual physical . Necessary services and supplies exam . Operating rooms, intensive care, Pre -natal and post -natal care coronary and burn care units in physician's office . Delivery roam for normal delivery, . Immunizations Caesarean section, miscarriage or . Hospital visits and nursing admission for false labor facility visits . Necessary laboratory and x-ray services Outpatient . Surgery Diagnositc x-ray and laboratory services Accident care NERVOUS AND MENTAL g0/10 Outpat Mt - 0 to $10,000 Lifetime Maximum. SKILLEDNURSING FACILITY 90/10 and FOE HEALTH CARE 90/10 . Services anddssuppliesard . Services provided by a Registered Nurse . Services prescribed by a physician f rw O ! THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other• services are subject t0 a $100 contract deductible per calendar year . Prescriptions Nursing Services Blood pias Private -duty nursing services . Blood piasma . Casts Ambulance . Crutches . Air . Durable medical equipment . Ground .Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT . Hospital - The Subscriber is responsible for the first two days of sami- private room and board. . Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA SOO coverage pays the remaining 905. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical.Supplies and services. These MY include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the other servicescreach'$500 expenditures IOWA SOO pays 1000% ofaallaremaining charges. If the subscriber's' expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDOCTISLE P ensee for cove services incurred during the months of October, Novemberand December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Co,+nd swvim I ormowiox 31000&&" aox+mws, ur memo p► a»tl aramaae Summary of Bwwft DELTA DENTAL COVERAGE Della Dental Flan of bw* coverage, not only provides a vsrlsty of benefits but also mcourag*s *naly and o festive dental mointanana. Mon than 10% of the dentists in low* participate In Un Delta DOW pro irem. Data Dental payment le bseed on Usual. m Cumoary and �s � ble a0owsnas, WAM b deductien ble d eopsym ent prow. the Program Yom Delta Dental program Includes a -P dial noes W provision which •Pssdentala for dental aervie*s provbsd within B+Ih Uke DA Cron and slue ShiW of lows, the Delta Dental Plan naives darns directly inner partkipatirq dentias. And we pay them directly for you. That aliminatss daime-twi ling awns for you and your To a� — and asws valuable time and morale Plan benefits are Milable with da�duaib�jssa nylamade, Della Dental oopayrtnenta and maxi- mum payment allonnnneq for covered wnricns. Henan benefits ant 00mbinrd to mart your nNds: ►reverMM-MaNKonarroo benefit ineiudas: • Routine checkups at six-month intervals Including bitewing x-rays at 12 -month intervals. • Teah donning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • FuB mouth x-rays once in any thrso"ar interval unless special need is demonstrated. Routine Rataradve benefit provides ongoing are including: • Regular cavity fillings. • Oral surgery (Inducing P"•- and Post•operaive an). • Emergency treatment for nsw Of pain. NWW Rostorativo benefit owns: • High-cost fillings. • Cade retortion. • Root anal fillings. • Nontsurgial treatment for gum diseess. A RATE QUOTATION PLAN II Program Bandits ® Prewrnive Maintenance I� ® Routine Nestoretin �I © Major Restoratin O Darnel Proethilift O Puiodornia O Orthodontia. O Dependents to ape O Full-time students O ildults Program Maximums Single S_59L— per year Family S-=— per member, per year Lrtetime benefit maximum on Orthodontics S Program Rates* Since S per month Family $— _ per month These rates guaranteed for _ i.2 months beginning on 7-1-85 d purdused by 7-1'85 tarn.l r�wl .Rams awe hw. an baw !Von osmw inn a !nohmar�l a sa. a lotal� oiwa .�,�+.,,■ rru rata r nq ormnan pwldad arM srauiruq aro Auerpiad Dw lAi i •penal d tavarapa h i rat a stawnaes d conOWL Act" i auEisB b /a tamn and andnrorr BPWWmd in dr an0 arydYaaed wPiaorr in lora tslrn dr .Orww 6a['mw x I� �I