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Home My WebLink About1980-03-11 ResolutionRESOLUTION NO. 80-82 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket 4157, 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x A x 1 RESOLUTION NO. 80-82 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket 4157, 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this lith day of March 19 80 . or Attest: OJL- Clity Clerk I MICROFILMED BY JORM MICR¢LAB ;1 CEDAR RAPIDS • DES MOIRES g' a d f RESOLUTION NO. 80-83 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket 11220, and May's Drug Store 11198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 9 x Lynch x Erdahl x Neuhauser x Perret x Roberts x j x i i RESOLUTION NO. 80-83 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket 11220, and May's Drug Store 11198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 11th day of March' , 19 80 , �-�-� a ,or Attest: JA City Clerk s MICROFILMED BY JORM MICR+LA6 j CEDAR RAPIDS • DES MOINES �I i AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of March' , 19 80 , �-�-� a ,or Attest: JA City Clerk s MICROFILMED BY JORM MICR+LA6 j CEDAR RAPIDS • DES MOINES �I i 2ESOLUTION N0. 80-84 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that Class a C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Sheep's Head Limited dba Sheep's Head Cafe, 209 N. Linn ' Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents re required to the Iowa Beer and Liquor Control Department, It was moved by Roberts and seconded by Perret that the Resolution as rea a adopted, and upon__r_o1I caiT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x — Perret x Roberts x IVevera x Passed and approved this lith day of March 19 80 I ayor i Attest:_ caJ City Clerk ........... . 5'1$ MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES C u RESOLUTION NO. 80-85 RESOLUTION APPROVING FINAL PLAT OF A SUBDIVISION OF PART THREE AND THE STOR.MWATER MANAGE14ENT STORAGE AREA MACBRIDE ADDITION, AN ADDITION TO THE CITY OF IOWA CITY, IOWA WHEREAS, the owner and proprietor, Macbride Addition, Inc has filed with the City Clerk of Iowa City, Iowa a plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: and, Description )osed MacBri Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00°53'13" E, 35.00 feet to the Point of Beginning: Thence N 89°40'21" W, 651.18 feet along the Northerly Right -of -Way line of West Benton Street; Thence N 01°44'23" E, 376.96 feet; Thence S 85°22'59" E, 151.36 feet; Thence Northeasterly 64.62 feet along an 925.00 foot radius curve, concave Southeasterly, whose 64.60 foot chord bears N 06°37'05" E; Thence S 81°22'50" E, 154.45 feet; Thence S 84°58'44" E, 335.87 feet; Thence S 00°53'13" W, 380.00 feet to the Point of Beginning. Said Tract of Land containing 5.870 acres. 1 Description of the Proposed S Commencing at the Center of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00053'13" E, 815.00 feet to the Point of Beginning; Thence N 89006'47" W, 55.00 feet; Thence S 37°25'39" W, 160.56 feet; Thence Southwesterly, 38.02 feet along a 53.00 foot radius curve, concave Southeasterly, whose 37.21 foot chord bears S 86°07'15" W; Thence Northwesterly, 50.97 feet along a 236.22 foot radius curve, concave Southwesterly, whose 50.87 foot chord bears N 58°45'14" W; Thence N 64°56'07" W, 120.00 feet; Thence N 25°03'53" E, 23.91 feet; Thence Northwesterly, 86.33 feet along a 100.00 foot radius curve, concave Southwesterly, whose 83.67 foot chord bears N 00020'02" E; Thence N 65°36'10" E, 135.00 feet; Thence N 28004'57" W, 196.26 feet to a point on the Southerly line of Part Two MacBride Addition, Iowa City, Iowa; Thence S 62°06'52" E, 342.35 feet along said Southerly line; Thence S 00°53'13" W, 122.20 feet to the Point of Beginning. Said tract of Land containing 1.750 acres. 4a �..v WHEREAS, said property is owned by the above-named owner, and the dedication as required by the ordinances of the City of Iowa City, Iowa have been made with the free consent and in accordance with the desires of said owner; and, WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements, and has been approved by the Planning and Zoning Commission of Iowa City. VVn. IV�.�n�VMO CEDAR RAPIDS • DES MOINES Y i F.. _Z_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF i IOWA CITY, IOWA, that said plat and subdivision of Part Three and the Stormwater Management Storage Area, Macbride Addition located on the above described property be and the same as hereby approved, and the dedication of the streets, sidewalks i and stormwater management storage area as by law provided is hereby accepted. j I BE IT FURTHER RESOLVED that said proposed Stormwater Management Storage Area and proposed City Park dedication is also approved for Part Four, Macbride Addition, for which preliminary plat has already been approved. BE IT FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Passed this 11th day o mmaa/rcch (�i�', 1980. Z6hn Balmer, Mffyor __ — City of Iowa City, Iowa Attest: _ Abbie Stoltus, City Clerk City of Iowa City, Iowa CERTIFICATE, STATE OF IOWA, COUNTY OF JOHNSON: ss I, Abbie Stolfus, City Clerk of Iowa City, Iowa do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of march 1980, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 12th day of March 1980. Abbie Stoltus, City Lerk City of Iowa City, Iowa MAR 41980 u"'Y .... _. JORM MICR?LA9 CEDAR RAPIDS • DES MOINES Page 3 Resolution No. 80-85 It was moved by Vevera and seconded by Lync-h that the Resolution as reaff-Fe—`ado-P-M, and upon roll C-all—there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this _11th day of March 19 80. r�4w/rmjrj / WIMA I CEDAR RAPIDS - DES MOINES I . . — I . — I I I. T., a. Page 3 Resolution No. 80-85 It was moved by Vevera and seconded by Lync-h that the Resolution as reaff-Fe—`ado-P-M, and upon roll C-all—there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this _11th day of March 19 80. r�4w/rmjrj / WIMA I CEDAR RAPIDS - DES MOINES I . . — I . — I I I. a. AGREEMENT THIS AGREEMENT made by and between Macbride Addition, Inc., the owners and subdividers hereinafter called the "Subdivider" and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City"; i WITNESSETH: SECTION 1. CONSIDERATION AND COVENANT. In consideration of the City approving the proposed sub- division, a subdivision of property covered, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, storm sewers, stormwater t management facility, water mains, portland cement concrete s paving with portland cement concrete curb and gutter serving any lot on which a building permit has been requested, have been installed in front of or abutting such lot, as required by the " City of Iowa City, Iowa, under its subdivision ordinance. I SECTION 2. CONSTRUCTION OF IMPROVEMENTS. f IC{ All such improvements as stated in Section 1 of this Agreement k shall be constructed and installed by the subdivider according to I the plans and specifications of the City of Iowa City, Iowa, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the subdivider from its respon- sibility to construct said improvements pursuant to said plans and specifications. C SECTION 3. SIDEWALKS, The subdivider agrees that it will, within one year from the date a house is constructed on any Lot, install a sidewalk upon the streets abutting said lot, which sidewalk shall be at least four (4) feet wide and constructed according to the plans and specifications of the City, and under the direction of the City Engineer and designate as specified in Section 2. SECTION 4. PROPERTY COVERED. j The property covered by this Agreement is described as follows: i Le a1 Descri tion for the Proposed MacBride Addition Part T ree: Commencing at the Center of Section 17, Township 79 North, ! . Range 6 West of the Fifth Principal Meridian; Thence N 00°53113" E, 35.00 feet to the Point of Beginning: Thence N 89°40'21" W, 651.18 feet along the Northerly Right -of -Way line of West Benton Street; Thence N O1°44'23" E, 376.96 feet; Thence S 85°22'59" E, 151.36 feet; Thence Northeasterly 64.62 feet along an 925.00 foot radius curve, concave Southeasterly, whose 64.60 foot chord bears N 06°37'05" E; Thence S 81°22'50" E, 154.45 feet; Thence S 84°58'44" E, 335.87 feet; Thence S 00°53'13" W, 380.00 feet to the Point of Beginning. Said Tract of Land containing 5,870 acres. f i Legal Description of the Pro osed Stormwater Management Storage Area an ropose ty ar De kation: Commencing at the Center of Section 17, Township 79 North, 7 Range 6 West of the Fifth Principal Meridian; Thence N 00°53'13" E, 815.00 feet to the Point of Beginning; Thence N 89°06147" W, 55.00 feet; Thence S 37°25'39" W, 160.56 y _ I- SWAN Rn PINS • ULS MOINES -2 - feet; Thence Southwesterly, 38.02 feet along a 53.00 foot radius curve, concave Southeasterly, whose 37.21 foot chord j bears S 86°07'15" W; Thence Northwesterly, 50.97 feet along a 236.22 foot radius curve, concave Southwesterly, whose 50.87 foot chord bears N 58°45'14" W; Thence N 64°56'07" W, 120.00 feet; Thence N 25°03'53" E, 23.91 feet; Thence Northwesterly, 86.33 feet along a 100.00 foot radius curve, concave Southwesterly, whose 83.67 foot chord bears N 00°20'02" E; Thence N 65°36'10" E, 135.00 feet; Thence N 28°04'57" W, 196.26 feet to a point on the Southerly line of Part Two MacBride Addition, Iowa City, Iowa; Thence S 62°06'52" E, 342.35 feet along said Southerly line; Thence S 00°53'13" W, 122.20 feet to the Point of Beginning. Said tract of Land containing 1.750 acres. p SECTION 5. BUILDING PERMIT AND ESCROW MONIES. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pave- ment, water mains, storm sewers , stormwater management facility, or sanitary sewers are not installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 percent thereof as determined by the City Engineer's Office. When said funds are deposited, then in that event, the City Building Inspector shall issue a building permit provided the applicant complies with all other requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct or install such improvements as stated in Section 1. SECTION 7. USE OF ESCROW MONIES. If, after the issuance of an occupancy permit, the improvements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all lots abutting or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. SECTION 8. WAIVER. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains, storm sewers, stormwater management facility or sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said improvements and the costs of said improvements shall be a lien and charge against all the lots abutting or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. Ju"" mlumq?LAO CEDAR RAPIDS • DES MOINES i I -3- The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien until properly released as hereinafter provided. The City agrees when such improvements have been installed to the satisfaction of the City it will immediately file in the Office of the County REcorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. SECTION 9. STREET MAINTENANCE. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. Dated this 12th day of March , 1980, at Iowa City, Iowa. CIPA OF IOWA CITY, IOWA B�,-� -�o n Ba mer, Mayor r By Abbie Stoltus, City C er CITY n r, secretary SUBDIVIDER o MAR 4lgnp ABBIE STOIRIS CITY CLERK (3) _._. ' ' I CEDAR RAPIDS •DES MOINES I • � • �' r -4 - STATE OF IOWA, COUNTY OF JOHNSON: ss On this day oft -,-?9 tc// , 1980, before me, the undersigned, a Notary Public i—'- n and forsaid County, in said State, personally appeared John Balmer and Abbie Stolfus, to me personally known, who, being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said y municipal corporation by authority of its City Council; and } that the said John Balmer and Abbie Stolfus acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public i STATE OF IOWA, COUNTY OF JOHNSON: -ss On this y3-- day of _980, before me, the undersigned, a Notary Public i an or said County, in said State, personally appeared Lyle W. Miller, to me personally known, who, being by me duly sworn did say that he is the President and Secretary, of said corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directiors; and that the said Lyle W. Miller acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. /otat3—ry FUbli' MAR 419"T ABBCITY CLERK IV }l:� (3) a a JORM MICR+LAB CEDAR RAPIDS • DES MOINES ••. .r E RESOLUTION NO. 80-86 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET BRIDGE DECK REPLACEMENT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, 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 plane, 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 $13,000.00 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 bide 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 10:00 A.M. on the 8th day of Aril , ISM. Thereafter, the bids will be opened by the—City Engineer or lisesianee , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 15th day of April , 1980 . Received & Approved By T o Legal Department -3- .fid 538' MICROFILMED BY JORM MICR+LA9 Lf CEDAR RAPIDS • DES MOINES 0 i rte. Page 2 Resolution No. 80-86 It was moved by Perret and seconded by Roberts that the Resolution as rea e a opte , and upon roll caarI tEere were: AYES: NAYS: ABSENT: x BALMER a ERDAHL LYNCH NEUHAUSER PERRET x ROBERTS a VEVERA Passed and approved this 11th day of March , 1980. OMNI %W"!. ,. MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES i 63r i f .-. RESOLUTION NO. 80-87 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SOUTH BRANCH DETENTION STRUCTURE�✓ �lM � ,4 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING 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 plane, 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 conscctiioon of the above-named project shall be in the amount of 5`% of price payable 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 10:00 A.M. on the 10th day of April , 19_Z Thereafter, the bide will be opened by the— -City Engineer or Director of Public W rks , and thereupon referred to the Council of the City of Iowa City, iwa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, 80Iowa City, 7:P.M. Iowa, at 30 on the 15th day of April 19 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES R(?rnj,!nd & ApprOved By Tfi_ Icgal Daparlmenf ZGU�— Page 2 Resolution No. 80-87 It was moved by Neuhauser and seconded by - that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS VEVERA x Passed and approved this 11th day of March 1980• II /_/ a�_r ATTEST:-J�2 CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Council Member Roberts introduced the following Resolution entitled 'REESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Ferret, Roberts, Vevera, Balmer, h. Neubauser Erdahl absent from room. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-88 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS, COONEY. DORWEILER, HAYNIE h SMITH, LAWYERS, DEB MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M L and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: j a NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I I That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TL DATE AMOUNT 09 Parkview Co. 03/01/80 $59,357.18 r I I —3— i i AHLERS• COONEY. DORWEILER• HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA syr MICROFILMED BY ' JORM MICR+LAB CEDAR RAPIDS • DES MOINES „tl ;I PASSED AND APPROVED, this 11th day of March -, 19 80. yor ATTEST: LI,Ei -- C erk (SEAL) -4- it AHLERS, COONEY. DORW EILER. HAYNIE A SMITH. LAWYERS. DEG MOINCS. IOWA MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES _, RESOLUTION NO. 80-89 A RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM. WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, two multi-level parking facilities are being constructed with the proceeds from a Parking Revenue Bond Issue, and WHEREAS, there is sufficient space available in the parking facility to allow for monthly permit parking. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. Effective March 12, 1980, the parking rate for monthly parking permits in ramp A and ramp B will be as follows: $75 for a three month permit $27.50 for a one month permit 2. When, and if, short term parking demand in the the ramps is such that monthly permit parking must be removed from the parking ramps, permit holders will be given thirty (30) days notice before cancellation of permit parking. 3. Effective July 1, 1980, parking rates for all permit lots in the central business district will be increased to $20 per month. It was moved by Vevera and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of March 1980. A OR ATTEST: CITY CLERK MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES u r '""N City of Iowa CIC MEMORANDUM TO: City Council FROM: RE: DATE: March 6, 1980 Rosemary Vitosh, Director of Finance k U Permit Parking in the Ramp Delays in construction in the Central Business District have resulted in excess parking space in the parking ramp. Therefore, it is pro- posed that 100 monthly parking permits be sold for the parking ramp. These permits will be sold with the with the intent that the City -can give the permit holder 30 days notice prior to cancellation of the permit if it is found that additional short-term parking is needed in the ramp. Cancellation of the permit parking must be allowed so that sufficient parking is available for short-term and shopper parking as this was the original intended use of the ramps. It is anticipated that this demand will exist upon completion of the Old Capital Mall. Permits will be offered at the following rates: $75.00 for a three month permit $27.50 for a one month permit The permit parking will be made available to construction workers in the Central Business District and it was felt that the flexibility of a one month permit would be necessary. The additional per month cost of the one month permit'is justified as more administrative costs will be incurred in handling monthly renewals. Procedures are being set which would enable the permit holder to renew a ramp parking permit with the cashier in the ramp. This will eliminate the necessity to come to the Civic Center to renew permits. Permits will be offered first to construction workers in the Central Business District and to those currently on the waiting list for ramp permit parking. The general public will be able to purchase permits starting March 19. It is also proposed to increase the parking rates in all permit lots in the Central Business District. Because these lots are closer to downtown activity, they are prime parking spaces and should cost more than permit lots which are outside the Central Business District. Currently the only lot affected by this would be the Library Lot. Jow Fowler, Parking Systems Supervisor, and I will be at the Informal Council Meeting, March 10, 1980, to answer any questions. MICROFILMED BY JORM MICR�ILAO CEDAR RAPIDS • DES MDINES RESOLUTION NO. 80-90 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980 through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit A" 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 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 Neuhauser and seconded by Erdahl that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 11thday of March 1980. ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Pimm%,(M A Approved By t*.i Lylge i AGREEMENT BETWEEN THE CITY OF IOWA CITY THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO /ir0 JULY 1, 497g THROUGH i9P/ JUNE 30, 498& MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES , i' . i. I ( 1 i i. i± r TABLE OF CONTENTS 1 TABLE OF CONTENTS Paqe PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE I - RECOGNITION . . . . . . . . . . . . . . . . . . 3 ARTICLE II - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . 3 ARTICLE III - NO STRIKE --NO LOCKOUT . . . . . . . . . . . . 4 ARTICLE IV - BULLETIN BOARDS . . . . . . . . . . . . . . . . 4 ARTICLE V BUSINESS AGENTS . . . . . . . . . . . . . . . . 4 ARTICLE VI - DUES CHECK OFF . . . . . . . . . . . . . . . . 5 ARTICLE VII - HOURS OF WORK . . . . . . . . . . . . . . . . 5 ARTICLE VIII - OVERTIME . . . . . . . . . . . . . . . . . . 8 ARTICLE IX - HOLIDAYS . . . . . . . . . . . . . . . . . . . 11 ARTICLE X - VACATIONS . . . . . . . . . . . . . . . . . . . 13 - ARTICLE XI - SICK LEAVE . . . . . . . . . . . . . . . . . . 13 ARTICLE XII - SPECIAL LEAVES . . . . . . . . . . . . . . . . 15 ARTICLE XIII - SENIORITY . . . . . . . . . . . . . . . . . . 18 ARTICLE XIV - DISCIPLINE . . . . . . . . . . . . . . . . . . 21 ARTICLE XV - INSURANCE . . . . . . . . . . . . . . . . . 21 - ARTICLE XVI - SAFETY. . . . . . . . . . . . . . . . . . 22 ARTICLE XVII - PERSONNEL TRANSACTIONS . . . . . . . . . . . 22 ARTICLE XVIII - CLOTHING AND EQUIPMENT. . . . . . . . . . . 23 ARTICLE XIX - RECOVERY AND REHABILITATION PROGRAM . . . . . 23 ARTICLE XX - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . 24 ARTICLE XXI - PAY PLAN. . . . . . . . . . . . . . 26 ARTICLE XXII - AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER. . . . . . . . . . . . 27 ARTICLE XXIII - GENERAL CONDITIONS . . . . . . . . . . . . . 27 ARTICLE XXIV - DURATION OF AGREEMENT. . . . . . . . . . . . 28 ARTICLE XXV - SAVINGS CLAUSE . . . . . . . . . . . . . . . . 28 CLASSIFICATION PLAN . . . . . . . . . . . . . . . . . . . . 29 i, 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES }�' f AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF ` TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL # 183 PREAMBLE This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the `i Iowa City Library Board of Trustees, and the Johnson County Area Public "City" Employees, AFSCME, Local # 183. Unless otherwise stated the word will refer to the City and to the Library Board and the employee organi- zation will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". of this Agreement to promote and ensure harmonious It is the purpose cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as _ applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their a' cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: r. i L 1 2 • MICROFILMED BY - Y JORM MICR+LAB f1. r _. CEDAR RAPIDS • DES MOINES {� _ ARTICLE I RECOGNITION Section 1.The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employee Relations Board on February 2, 1976, Section 2.The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certIowa fication is Public sPublic EmployeeRelations Board on February 9, ed on an Order of Certification by the Section 3.Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the 1975 Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMMANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the right, 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; To direct the work of its employees. To develop, implement and enforce work rules, safety standards, performance and productivity standards. To hire, promote, transfer, assign, classify, schedule, and retain employees within the operation of the City government and to develop and maintain qualifications, transfers. standards and procedures for employment, promotions, and To discipline, suspend or discharge employees for just cause. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. 3 MICROf ILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES .s'sa i g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j• To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1.NoStrike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE IV BULLETIN BOARDS Section l.The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Relations Director. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1.The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement, F11 MICROFILMED BY s JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 1 1 1 g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j• To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1.NoStrike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE IV BULLETIN BOARDS Section l.The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Human Relations Director. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1.The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement, F11 MICROFILMED BY s JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 2. The Union shall notify the Human Relations Director after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. 1. ARTICLE VI DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues schedule in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been i 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. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue Of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section ].Definitions. i Temporary Employees - Those who regularly work less than twenty (20) I ours per week, regardless of length of employment; or those who work in a Position which is authorized for less than one (1) year. f Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. 5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ssa Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hour -per -week increments. Section 2.Regular Work Week A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example -landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. Section 4. Changing the Regular Hours of Work. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. 6 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Section S.Temporary and Part -Time Emolovees A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement. If an employee has worked as a temporary employee for six (6) months, he/she may file a request with the Human Relations office for permanent status. Provided that a permanent vacancy within classification is available for which the employee is qualified, the temporary employee may compete with other applicants for the vacancy on basis of seniority accrued from the last date of hire. If no permanent opening is available, the employee will be laid off immediately. The employee may elect to continue on temporary status for the duration of the particular purpose for which they were employed. C. Special program employees include those funded by CETA, work study, WIN, Revenue Sharing for youth programs contract, and similar employees. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Section 6.Rest Periods. Except for the transit employees, the City will provide a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. On those days when "tripper" buses are operated and when administra- tively feasible, full time transit drivers will be provided a thirty (30) minute paid meal break during the work day. On other days the "on-call" driver will be used to provide meal breaks to full time transit drivers when such person is available. The intent of this provision is to insure the City makes reasonable efforts to provide meal reliefs for full time transit drivers. Section 7.hleal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each (lay to employees in five 7 MICRO"' BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES SSd i day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. Section 8.Clean-up time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 9.Inclemen�ather Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory i time, or personal leave. c. Take leave without pay for the time missed. ARTICLE VIII OVERTIME Section l.Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent or seventh (7th) day foflemployees, the work week shall be consoidered overtime.th (6th) For permanent part-time employees all working time in excess of that worked by permanent full-time employees will be considered overtime. There will be no pyramiding of overtime: f e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. SSd MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1' i Overtime will be compensated at the rate of one and one-half (1 1/2) times the current base hourly rate Of the employees or by compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employee may request reasons for the denial of the time off or pay. Section 2.Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. The City shall maintain and post (at least monthly) in a public in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1, and October 1 of each year and shall be equalized quarterly. 9 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ssd ■ Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day, the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. i This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand -By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand- by will be compensated at a rate of six (6) hours at current base pay rate for each week of stand-by time. A call device and vehicle will be furnished to an employee on stand-by. Employees called to work shall be paid at the regular call-in rate for each call in accordance with Section 6 Minimum Call-in in addition to stand-by pay. Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of nine (9) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section S. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6.Minimum Call -In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimun call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. 10 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. Each quarter an employee may meet, upon request, with his/her department head to review the hours worked in an attempt to facilitate the provisions of this section. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section B. Library Overtime. Permanent employees required to work on Sundays at the Library will receive six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeeding pay checks. ARTICLE IX i HOLIDAYS Section I. The following days shall be paid holidays for permanent I employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. In order to receive holiday credit, an employee must work the day i before and the day after a holiday or must make prior arrangements for approved paid or unpaid leave. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for Library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day employees may choose a day between December 24 and January 2. Section 3. Permanent employees on a continous shift shall receive 1 eighty-eight (88) 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 as yet occurred will be deducted for the purpose of considering separation pay.' 11 SS a i MICROFILMED BY JORM MICR+LA9 i CEDAR RAPIDS • DES MOINES I e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (l 1/2) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive eight (8) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Section 7.Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 8.Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. 12 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES i VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month acing to the following schedule: Length of Service Days Per Pay Month 0-5 years 5 years 1 day - 10 years 1 10 years 1 day - 20 years 1 1/4 20 years 1 day - 23years 1 1/2 more than 23 years 1 3/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. I The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2.UseUse oration An employee becomes eligible to take vacation after he/she hasbeen on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3.Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1.Accumion. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 -hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave on the basis of a permanent employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. 13 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES M 5S'6 Section 2.Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, i father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence. Section 3.Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work 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 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. Section 4.Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after 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. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative, and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, length of service 14 .55� 2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES before an employee may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. ARTICLE XII SPECIAL LEAVES Section 1.On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exits: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) working days thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2.Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave disability (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). This disability leave shall be limited to a total of two (2) bargaining unit employees at any one time. Generally, such leave shall not exceed twelve (12) months. Upon termination of any 15 l MICROFILMED BY JORM MICR+LA13 ;a M1 CEDAR RAPIDS • DES MOINES a C before an employee may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. ARTICLE XII SPECIAL LEAVES Section 1.On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exits: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) working days thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2.Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave disability (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). This disability leave shall be limited to a total of two (2) bargaining unit employees at any one time. Generally, such leave shall not exceed twelve (12) months. Upon termination of any 15 l MICROFILMED BY JORM MICR+LA13 ;a M1 CEDAR RAPIDS • DES MOINES 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 vacancies 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. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired. C. Must pay premium for coverage under the group life insurance plan if coverage is desired. d. Shall not receive any other accruals or job benefits during the period of absence. e. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. f. Shall not earn sick, vacation, or other leave. g. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Department Director may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) working days. Section 4.Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the workday shall return to work. Section S.Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6.Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. 16 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SSd 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. Section B.Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's i statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will 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 leave pursuant to this section shall return to work as soon as she is medically able. v 5', Section 9.Union Business Leave. a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be i granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five 5 days Y may be taken by any one employee under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. C. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for Section C above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. 17 SSa MICROFILMED BY JORM MIC R/'�LAB CEDAR RAPIDS • DES MOIRES ti Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. C. The work- relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on- the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the ' alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2.Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of i this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. 18 sso MICROFILMED BY JORM MIC Rt�LAB CEDAR RAPI05 DES MO1NE5 �I , . r I i For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3.Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency cir- cumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualifed for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give five (5) days notice to employees who are to be laid off except in an emergency. Temporary employees within classification (who are by definition without seniority) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 2 3. The City will attempt to accomplish reduction in force by attrition. An employee whose job is to be eliminated may be transferred to vacancies within the department. If no vacancies exist the employee being laid off shall bump the employee with the least seniority in a position in their department or bargaining unit for which they have the seniority, proper credentials, including prior recorded experience, and the ability to perform the duties of the job under normal supervision. 19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES sSo C. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by ordinary mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within five (5) days or be removed from the recall list. An employee on the recall list will accrue seniority pursant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. The use of senority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee option. A transferred employee shall be granted up to ten (10) days to determine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Senorjty. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. 20 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SSv I ARTICLE XIV DISCIPLINE Section ].Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the 1975 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2.The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning b. Written reprimand or warning c. Suspension with loss of pay d. Discharge Section 3. Serious violations may be dealt with by any of the above S disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4.An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section ].Medical insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents if applicable. A pro rate share of the cost of the premium will be paid for part-time employees. Section 2. Life insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. 21 Ss�o MICROFILMED BY JORM MICR+LAB '? CEDAR RAPIDS • DES MOINES i.. Section 3. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. ARTICLE XVI SAFETY Section l.Polic . The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2.Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3.Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5.Safet_y Committee. The Union shall select two (2) City employees as representatives on the City Manager's Safety Committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2.Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. 22 MICROFILMED BY r JORM MICR+LA6 !' CEDAR RAPIDS - DES MOINES Section 3.Oral and written warnings for minor infractions which are over twelve (12) months old at the time of the regularly scheduled performance review will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. ARTICLE XVIII CLOTHING AND EQUIPMENT Section ].Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets, and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Section 2. The employer will provide required protective clothing, or protective devices, including up to $35.00 per pair for the purchase of no more than (2) pairs of safety shoes annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. The employee shall provide the full cost of safety prescription glasses. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section l.Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available Community resources. Alcoholism as an illness is not a cause for discipline and every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level disciplinary action will be taken. Section 3.Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. 23 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES SSo ARTICLE XX GRIEVANCE PROCEDURE Section I. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday for purposes of this section. Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Human Relations Director. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within five (5) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shall be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within five (5) working days after the Step 1 conference. If no response is received from the supervisor within five (5) working days the grievance will be processed pursuant to Step 2. 24 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES SSo f B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet in an attempt to resolve the grievance. The Department Director or Library Director shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon to grievants and steward, if applicable. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager Within date of receipt oaf/the writtenedecision t eferen 0redotolin Sep ng dayso2 thA i meeting between the parties may be held if requested in writing. The City Manager will investigate and respond to the grievant and steward within ten (10) working days. D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties certified court report, to this Agreement. The cost of a if to by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the -- Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, 1 subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. 25 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES The decision of the arbitrator shall be issued thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. Section 5.Labor-Management Committee. The Labor-Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non-working hours of the labor members. The function of the Labor-Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor-Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). ARTICLE XXI PAY PLAN Section 1. Cl ass ification Plan. The classification plan for bargaining unit employees is attached to this Agreement (See Appendix A). This pay plan in effect on June 30, 1980, shall be adjusted upward by 11% effective July 1, 1980. Section 2.Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3.Pay Plan. Each range of the pay classification plan will contain six (6) steps (A-F). Employees at Step A are eligible for review and an increase to Step B after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular job title for which the wage is being set. 26 SSn � MICROFILMED BY a JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. Section 4. Equipment Mechanics Stipend. Each of the equipment division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pa. 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 November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $ 150.00 10 years 250.00 - 15 years 350.00 20 years 450.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and con- ditions of this Agreement shall be conducted by authorized represen- tatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. i ARTICLE XXIII GENERAL CONDITIONS Iowa. Section 1. This agreement shall be construed under the laws of Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations 27 MICROFILMED BY DORM MICR¢LAS J CEDAR RAPIDS • DES MOINES m i Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. Section 4. Equipment Mechanics Stipend. Each of the equipment division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pa. 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 November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $ 150.00 10 years 250.00 - 15 years 350.00 20 years 450.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and con- ditions of this Agreement shall be conducted by authorized represen- tatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. i ARTICLE XXIII GENERAL CONDITIONS Iowa. Section 1. This agreement shall be construed under the laws of Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations 27 MICROFILMED BY DORM MICR¢LAS J CEDAR RAPIDS • DES MOINES m and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor - Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3.The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, nationality, or political affiliation unless the reason for the discrimination is job- related or otherwise allowed by law. ARTICLE XXIV DURATION OF AGREEMENT This Agreement shall be in effect between July 1, 1980, and June 30, 1981, 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 Agreement or any extension thereof. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their Agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES F.. - I i Ranges 1-13 CITY OF IOWA CITY CLASSIFICATION PLAN PERSONNEL OFFICE. JULY 1, 1978 Pay Plan to be adjusted July 1, 1980 reflecting quarterly adjustment. Actual steps to be printed and available by July 15, 1980. Pay Pay Range Range # TITLE N TITLE 1.A Library Aide 8. Sr. Maintenance Worker 1. Clerk/Typist Electrician Mechanic II — Maintenance Worker I Buyer Pkg. Enforce. Atten. Electronics Technician Water Meter Reader Library Clerk 9. Lab. Technician 2. Keypunch Operator Rehab. Finance Spec. Sr. Mechanic Account Clerk Sr. Treatment Plant Op. Dupl. Machine Operator Housing Spec. 3. Sr. Clerk/Typist Librarian I Rec. Prog. Sup. II Animal Control Officer Sr. Library Clerk 10. Shop Supervisor Rec. Prog. Sup. I Building Inspector 4. Bus Driver Housing Inspector Police Dispatcher 11. Sr. Engineering Technician Maint. Worker II Broadband Telecom. Spec. 5. Library Asst. Librarian II 6. Sr. Account Clerk 12. Rehabilitation Officer Maint. Worker III Sr. Construction Insp. Planner/Prog. Anal. I Treatment Plant Op. I Housing Man. Aide 13. Civil Engineer Transit Oper. Ass't. Sr. Librarian 7. Technical Asst. Planner/Prog. Anal. II Mechanic I 29 S S� .......... MICROFILMED BY JORM MICR+LA6 i�. CEDAR RAPIDS • DES MOINES .,, . t THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 TEAM MEMBERS CITY OF IOWA CITY, IOWA MAYOR ATTEST: (21— l�ce� CITY CLERK LIBRARY BY BY 30 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r MICROFILMED BY JORM MICR+LAB i it CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-92 RESOLUTION EXPRESSING SUPPORT FOR AND URGING ACTION BY THE IOWA DEPARTMENT OF TRANSPORTATION TO RELOCATE AMTRAK SERVICES THROUGH IOWA CITY. WHEREAS, a vast portion of our fuel resources is consumed in passenger transportation, and WHEREAS, major air carrier services are being reduced in many areas, including our own, and WHEREAS, air travel is less fuel-efficient than other land-based transportation methods, and I WHEREAS, the City Council of Iowa City views rail passenger service as a most desirable alternative to air or auto travel, and WHEREAS, the Iowa Department of Transportation is pursuing the most accessible east -west route now in existence through Iowa, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, strongly supports the concept of AMTRAK service on the Rock Island Railroad right-of-way and urges the State of Iowa and the Iowa Department of Transportation to vigorously pursue this goal in the interest of all Iowans. It was moved by Neuhauser and seconded by Lynch that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer Erdahl _ X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 11th day of march 1980, I — I f ATTEST: Eccoivod 8 App'cved D//ono Legal D:paltmun) CITY CLERK l � I MICROFILMED BY JORM MICR+LAB i it CEDAR RAPIDS • DES MOINES