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HomeMy WebLinkAbout1974-11-26 Resolution6`1'1MCI ' •. t Y J 'v' e `' lei' ') Vvl _ Y ' R: ' --r . w - :�.' •^ ; }.,o ` t s t Lx ;Y y ,�S • R' - _I,O� S.. RESOLUTION NO 74-51.8 Q� RESOLUTION AMENDING VARIOUS RESOLUTIONS,.AND ESTABLISHING FAIR MARKET VALUE `FOR ACQUISITION'OF CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereafter referred to as the LPA, has passed certain resolutions, in accordance with federal and local law and regulations, establishing the fair market value of certain parcels of urban renewal land to be pur- chased by the LPA in furtherance of Urban Renewal Project Iowa R-14; and, WHEREAS., a period of time has elapsed since the above-mentioned resolutions were passed which period of time necessitated a review of those fair market values; and, WHEREAS, the appraisals used in determining the fair market values have been reviewed by a staff member of the City's Department of Urban Renewal; and, WHEREAS, upon reviewing the appraisals, the reviewer found justi- fication for increasing the fair market values; and, WHEREAS, the Federal Department of Housing and Urban Development has concurred in these new values, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, 1. that the following resolutions be amended by changing the fair market value for.each parcel as follows: Resolution Date Parcel Owner FMV New FMV # 74-31 1/22/74 93-17 Crandic $ 81000. $ 91000. # 74-70 2/19/74 93-18 Edwards $222000. $242500. # 73-384 8/28/73 101-11 Greenland $24,000. $26,000. # 73-383 8/28/73 101-12 Edwards $282000. $313500. 2. That the rest of the text and content of the above -listed resolutions remains in full force and effect. It was moved by deProsse and seconded bytVh;tP that the resolution as reade adopted, and upon roll call there were: AYES: NAYS: ABSENT: 015 Passed and approved ATTEST: , City Clerk BRANDT CZARNECKI DAVIDSEN DEPROSSE WHITE .his 26'th day of NctvPmhPr 1974. u i g z `r F' • a'�, p ti e .. MINE .�4 v apY OM1 NMI ` Elm Ell�s • _ e may' u i g z `r F' • a'�, p ti i RESOLUTION ACCEPTING'PRELIMINARY'PLAn, WASiITMr-rrd PARK 0"" Ix T "' X BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary approval of plat of Washington Park Addition, Part 9 be granted with the following conditions: It was moved by Brandt and seconded by Czarnecki the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki. X avi sen X e rosse X - White ABSTAIN Passed and approved this 26th day of ATTEST:�1�i==f� 'cue l City Clerk <.: 1974 NaV..om)zar XX that t- ® RESOLUTION NO. 7 4- 5-20 RESOLUTION AUTHORIZING JOINT LAW ENFORCEMENT FEASIBILITY STUDY AND PROVIDING FUNDS FOR A JOINT LAW ENFORCEMENT ARCHITECTURAL STUDY. WHEREAS, the City of Iowa City, Iowa, recognizes the need for improvements in public safety operations, and WHEREAS, the City of Iowa City, Iowa,, the County of Johnson County, Iowa, the City of Coralville, Iowa, and the University of Iowa are proposed partici- pants in a feasibility study for a joint law enforcement center. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: LJ Ll 1) That the City of Iowa City,. Iowa, hereby agrees to cooperate in the development and conduct ofa joint lawenforcement feasibility study; and further agrees to participate in an interjurisdictional committee to coordinate the above -referenced project; and also to review and consider the recommendations 'of'the "Joint Law Enforcement Architectural Study" in light of future capital expenditure programming. 2) That cash funds'in the amount of $1,754.00 be provided during the calendar year 1974/1975 for the following Iowa Crime Commission project, to -wit: The Joint Law Enforcement Architectural Study. It was moved by deProsse and seconded by White that the foregoing resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:` X Brandt X Czarnecki X Davidsen )t deProsse X White Passed and approved this 26th day of �JA ATTEST: -f City Clerk t November Mayor 1974 > p: NO _-z"74"L�5`2 0��-': RESOLVSIIDN MATCHING - -RESOLUTION Whereas, the city Of- Iowa City (City, County or State Agency) Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 19 74/19 75 cash funds for the following Iowa Crime Commission projects. Brief. Description Amount of Funds of Project Being Provided 1, Joint Law Enforcement Center $1r754.00 2. (ArchiteCtUral Study). 3. #702-73-07-5200-24-03 4. 5. 6. 7. We further resolve that we will provide in-kind match during the calendar year of Brief Description Type of In-kind — of Project (Salary. Space, etc.) 2. 3. 4. 5. NONE V. 7. Passed this 26th day of November 1q74 Signature (Chaff VC Attest: L. Br for the following projects: Valuation of In-kind Provided rector of State Agency) .S/Penny.Davidsen (Member) S/Carol deProsse (Member) .S/J. Patrick White (Member) -14- F" Council Member m be'r '_: depro!�S,6­ , introduced the following--'Re's'olution erititledRESOLUTION-.ADOPTING AND LEVYING FINAL"SCHEDULE,,'OF-"ASSESSMENTS, AND PROVIDING FORI:THE. PAYMENT,-jHEREOF, an&movedi s.adoption. A Council: seconde'd,the motion to adopt"The �roll:'was'.,,callbd >and'L the vote -was JL: AYES:,: Brandt Czarnecki; Z 4r' � n7i: c Davidsen'. wm:' 0 .1 ep"roSse White '. I...' -NAYS:' none` '-L .,whereupon the Mayors declared c'the following Resolution, duly 'adopted ':'as . follows AHLER�i.-_COONLY. DORWEILER.,ALLIEIEE. & SMITH. LAWYERS, DES MOINES. IOWA All V11-m "�-'` 'fu •i. � � I O e'bd�-1 a U ;�''Y' r --fit -. x jfi. �"`SF .` : RRS(1T_iTT7ni.i NT �n rii:� rav_er5..:-1nc. 'ot Iowa City.' Iowa, which plat' and'scliedule i e in 'the.offa.ce of the Clerk on the T_th "day of November , 19 74and after full consideration,_appraisement;,and'appo tironment of the special benefits conferred ;upon"the properties shown in said schedule and plat of the° said improveirients.,.;_this "Council finds that the- said,property is,•speciallp benefited by -the said improvements in the amounts°`shown on. aid 'schedule; and that the said amounts are inproportion'te.special benefits conferred _''upon ,'the properties; by said -improvements, and are not in excess of s'such'-benefits' an& are not in `excess :of 25% of the actual value of the ;,lots`,'. parts of `lots : and "parcels of land shoran in - said,.. schedule BE IT"FURTHERs-RESOLVED, that the said ,schedule of assessments and -.accompanying plat': be and the same are herebyaove3and ppr:_.,adopted, =and •that" there, -be and is hereby assessed'. andIedied, ias' a special..tax =against and upon`each"of=the lotspart , s of lots.. -'and parcels of land, and the.owner,or owners.`.thereof liable to assessment for the cost of saidimprovements,-'a the real estate and personal ;property -;of, the-railTaay, companies whose properties ,-and _track's arewithin the�mprovements''described, shown in .said<.schedule,:the respective sums 'expressed in figures set,.opposite to'••each of'the same on account of the cost :of the construction�of thIa said improvements; and said assessments aga:i.nst� said `lots`"and parcels of land are hereby ;declared .tobe' i.n.,pr1.oportion 'to the' special benefits conferred :upon said,property by said improvements, and' not in-excessthereof; and.`not.'in excess of 25% of the value of-the',same. BE IT.:FURTHER RESOLVED, that 'said assessments of $25.00 or more shall ;be payable.in teri'equal annual installments and shall bear interest at the -rate of 7% per annum from Nov. _8 jPthe ;date=:;of the acceptance of the improvements, ;ahee first"instal:lment of each assessment, or total, amount thereof_, if :it be' le`ss'-than'< $25'.001 with interest on the whole assessment from date of acceptance of thin wnrk _ ,AHLERS GOONEY DORWEILER ALLSEE HAYNIE&SMITH LAWYERS DES MOINES, IOWA . ,S -v' .. ..-�;: .. :=•k.. ��9;:5,"T,r ?u�_2 �.:. S 'YM.W ...n..._t"�''-,. =2«: i^!� 'fir%' •' #,.i�d�i..a + <::, f .,.-. - -� _ _ P. F:' 611 "Mr 4 "k -M, ty attei2eT pt ,T ';A., .";r Sr S% t h same paid a -'and -Ae--the ­'same­manner� as the March . i semian u 'Ordinary: axes a ymen t Said assessments e a-ya e of e �_of shall':be fide' -thd.County,Treasure,r of payable' iohnson� Co A �and.- t e,­same7..ma h", y_be pa 11 id there in full d wlthout;,�---Int_�i]res, 3.thin,;' interest an thirty—ddys af ter the date'of -the, certi-f icatiori e -7 plat'-and assessments to -Coiint -Audi of theJohnson :.County';-Iowa. .County; Auditor BE ­IT '.FURTHER-_ RESOLVED that the Clerk be and she 13-.S::.h b d'"ce'7'd plat and schedule to ere ij cted�,to:,-�certify-.nsai the, County Auditor of '�.-'j6hnsoWi,Courity' Iowa.,, and to publish notice:: s�il&,.-dertlf icdtiori;',once �1, each '.week,• f or two consecutive,. ...,a news weeks in t r printed `Idi4a- -Prefss. pape -Citv; -'.-,Cdt1:idn- whol-ly�-'in*�thei..�English.elangua�gej- published inr�, 1,0 C J t -z'­. ­,­ I_, . i . I z, - ­1 1 . . _.: w, a an -genera, -. circulation '...in -.Lowa;. Iowa, d'�`of I '' _ City, Iowa, the first;publ 'cation ofowa, --said­_J',notice�--�t`o be-'made "within fifteen -­the,�-dat6'�`6f.�`thd ;filing of s i schedule. with the days. f a ­d Couni�y..Atiffitor by certified mail to all, .,property-',(�wner-s•�4h6se,�.pr6pdr.ty: is sub, to assessment _]qct a,,copy-o, ,,sai norticei,.'sai( f- 1!-mailing..to.be on or before the f date of ".th i I i3�,sit-,�:-i�iibli-cation-o 6notice, all as provided,. and directed,. by_Code Se6ti6h'�F391K.,�, 25,"`Code of Iowa, 1973. SED:­ AND ��APPROVED .._, i - s day' f.--*' A_/26th,-:: Nnypmher r -PAS .0 $ 1974.1 Mayor// ATTEST lerk J, 7 -7, A-A HL COON LY. DOF ERS.. HAYNIE& SmiTH, LAWYERS..DES MOINES. IOWA S WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish or remove said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: Intersection of Court with Clark, Oakland, and Grant Streets stopping traffic'before entering Court WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: none NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: Intersection of Court with Clark, Oakland, and Grant Streets stopping traffic on Clark, Oakland and Grant before entering Court B) That stop signs are hereby removed at the following intersections: none C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. ,F = Resolution No �4'=523 " • It was moved `by Wh a and seconded y d2Y-= ase �. that the Resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: Brandt X X)OnnvkldK Davidsen X Czarnecki admdu=sm deProsse x White x - Passed and approved this 26th day of November , 1974 ATTEST: City -Clerk 11 4� RESOLUTION NO. 74-524 RESOLUTION OF APPROVAL OF CLASS C LIQUOR CONTROL LICENSE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby ap- proved for the following named person or persons at the following described location: Walter Poggenpohl dba/Walt's, 928 Maiden Lane Said approval shall be subject to any conditions or restrictions here- after imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application andforward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. i It was moved by White/ and seconded by deprossP that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed this 26th day of November ,19 74 RESOLUTION OF APPROVAL OF CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Hamburg Inn No. 1, 119 Iowa Avenue 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 en- dorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer & Liquor Control Department. It was moved byBre t , and seconded by White that the Resolution as read be adopted, and upon roll call there were: i Brandt zarnec i av1 sen e rosse ite 9 AYES: NAYS: ABSENT: Passed this 26thday of November . 19 74 RESOLUTION NO. 74-526 OLUTION OF PROVAL ION. S OF CLASS B BEER BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B BEER Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Hamburg Inn No. 1, 119 Iowa Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of 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, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Brandt and seconded by White that the Resolution as rea e a op e , and upon roll call there were: AYES: NAYS: ABSENT: BraBra—nd_ X Czarnecki x Davidsen X deProsse X .White X Passed this 26th day of November 2 19 74 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a C Liquor Control License application is hereby ap- Class proved for the following named person or persons at the following described location: First Avenue Lounge of Iowa City, Inc. dba/the Annex 819 First Ave. Said approval shall be subject to any conditions or restrictions here- after 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, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded that the Resolution as read be adopted, and upon AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X by roll call there were: Passed this 26th day of November , 19 74 WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Pasco Marketing, Inc., 731 So. Riverside Drive It was moved by Brandt and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES• NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed this 26th day of Nov. 9 19.L4. . a RESOLUTION N0. 7-4 5 Z 9 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Iowa City International Association of Fire Fighters Local 610 , a copy of said contract being attached AFL-CIO to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed Iowa City International Association to execute the Agreement with of Fire Fighters Local 610 AFL-CIO . 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by deProsse and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1, z Passed and approved this Brandt Czarnecki Davidsen deProsse White Brandt that 26th day of November , i9 74 i ATTEST: 1`G� ✓J-GC�_C. City -Clerk - 9 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 610 AFL-CIO i ABBIv STOLFUS CITY CLERK TABLE OF CONTENTS Preamble.............................................. .............. 1 APPENDIX A 1 I. Recognition ................ ......... .......................•--•-•-.... 2 II. Managements Rights .................................................... 2 III. Dues Check -Off ................................... 3 IV. Grievance Procedure ............................... .............. V. Grievances Against The Union ......................... VI. Holidays ........................................ VII. Vacation ................... .................... -........ 6 VIII. Sick Leave-•• ............................................. IX. On -The -Job Injury Leave ........................... X. Special Leaves ................... ................. XI. Retention Time ................................... XII. Minimal Call -In Time .... XIII. Insurance .......... ............. 9 XIV. Food Allowance ......... ......... .------------- 9 XV. Pay Plan.............................................................. Procedures for Future Negotiations .......... ........ XVI. Pules and XVII. Duration of Agreement ............................. XVIII. Savings Clause........................................................12 APPENDIX A • AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 610 AFL-CIO PREADIBLE 1/1/75 This Agreement is entered into by and between the City of Iowa City, Iowa, hereinafter referred to as the Employer, "City or Management", and Local 610 of the International Association of Fire Fighters, hereinafter referred to as the Union. The Employer and the Union recognize their responsibilities under Federal, State, and local laws relating to fair employment practices and appropriate labor legislation; and reaffirm their commitment to the moral principles involved in the area of civil rights. The parties agree that there shall be no discrimination because of race, creed, sex, color, age, nationality, or political beliefs, or for participation in or affil- iation with any labor organization. The City and the Union agree that the provisions of this Agreement shall apply to all employees covered by the Agreement without dis- crimination. The purpose of this Agreement is to set forth terms and conditions of employment, and to promote harmonious, orderly, and peaceful labor relations for the mutual interest of the Employer, the Union, and the citizens of Iowa City. The Employer and the Union encourage to the fullest degree friendly and coop- erative relations between their respective representatives. The parties recognize that the interest of the community and job security of the employees depend on the Employer's success in establishing and maintaining effi- cient, expeditious public services to the community. I. RECOGNITION The Employer recognizes the International Association of Fire Fighters, Local 610, as the exclusive representative of permanent City Fire Department employees, including the Firefighters, Fire Lieutenants and Fire Captains and excluding the Fire Chief, Fire Marshall, Fire Training Officer, Battalion Chiefs, and clerical employees, for the purposes of resolving differences, establishing rates of pay, hours of work, and other conditions of employment. The Employer agrees to consult with the Union concerning matters effecting tire working conditions of its members to the extent that such conferences do not set forth in this Agreement. The Employer agrees not to encourage, aid, or finance any other labor group or organization which purports. to engage in collective bargaining or make any con- current agreements with individuals, groups, or organizations for the purposes of undermining the recognized Union during the life of this contract. II. MANAGEMENT RIGHTS The parties to this Agreement recognize that specific areas of responsibility must be reserved to Management if the public service mission of the City is to function effectively. Unless specifically modified by any subsection of this contrac- tual Agreement, Management reserves the right to: A. Determine the nature, scope, and definition of the City organization including: classification, pay scale relationships, selection, number, retention, promotion, reorganization, transfer, deployment, assignment, lay-off, recall, and scheduling. of employees; B. Determine the methods, means, tools and equipment, and personnel by which operations are to be conducted, including the right to contract and sub- contract existing and future work; C. Direct employees; D. Discipline, suspend, demote, and/or discharge employees in accordance with established procedures for just cause. Disciplinary actions or measures may include one or more, or all of, the following in order: oral reprimand, written reprimand, suspension, demotion, or discharge; E. P.equire when necessary, that employees take in-service training either on or off duty hours, with pay; F. Take the necessary measures to maintain efficiency in operations; G. Determine the necessity of overtime; the amount of overtime required, the nature of overtime (compensatory or paid), and when compensatory time shall be taken; H. Determine the scope, priority, and amount of budget allocations. All rights and responsibilities of Management not specifically modified by this Agreement shall remain the function of Management; and the provisions of this Agree- ment may be suspended by the City Council for the duration of a declared emergency. IiI. DUES CHECK -OFF The Employer agrees to deduct the Union membership fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check -off monies will be deducted from the first paycheck of each month and shall be remitted together with an itemized statement to the Union Treasurer, within 10 days after the deductions have been made. An employee shall cease to be subject to check -off deductions beginning with the month immediately following the month in which the employee is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the authorization for check -off deductions upon written notice to the Employer and the Union. The cancellation will become effective one month immediately subsequent to the request for such cancellation. The Union will protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV- GRIEVANCE PROCEDURE Grievances shall be defined as any dispute regarding the meaning, interpre- tation, application, or alleged violations of the terms and provisions of this Agreement. It shall be the policy of the City and the Union, insofar as possible, to prevent the occurrence of grievances and to deal promptly with those which occur. A. Procedures: 1. A written grievance must be taken to the Battalion Chief within nine (9) calendar days following the occurrence of the problem by the employee. If possible, the grievance should be settled at this level through discussions with involved parties within three (3) calendar days following the knowledge of the grievance by the Battalion Chief. The employee may choose to be represented by a representative of the Union at this step if the Union so agrees. 2. In the event Step 1 does not resolve the situation, the employee and/or Union representative may forward the grievance in writing to the Fire Chief within three (3) calendar days following Step 1. The written documentation must include specific circumstances and state the remedial action requested. The Fire Chief shall further investigate and document the matter, and render a decision in writing within (3) working days of the receipt of the request. 3. A grievance not settled at Step 2 shall be submitted to the City manager within three (3) calendar days of the date of the receipt of the -4 - Fire Chief's written reply. The City Manager shall respond within five (5) working days. .Within nine (9) days after the City Manager's reply, if necessary, either party may request mediation through the Federal Media- tion and Conciliation Service to facilitate resolution of a problem. Both Parties agree to insure that topics and/or individuals discussed are to be held in absolute confidence and that no disclosure will be made unless announcements are mutually agreed upon. 4. Grievances not settled in Step 3 of the Grievance Procedure shall be submitted to -third party neutral advisement in the form of binding final -offer arbitration as a final recourse. A request for artibration must be submitted by written notice to the other party within fifteen (15) days following impasse at Step 3. Expenses for arbitration shall be borne equally by both parties. The arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) days after notice has been given. If t)e parties fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. The rules of conduct under which the arbitrator shall administer acti- vities shall be pursuant to relevant state statutes (Senate File 531) as may be modified by the Public Employee Relations Board, any subsequent legis- lation, or any court decisions pertaining thereto. Any grievance not appealed from a decision in one of the steps of the Grievance Procedure, to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time li=its may be extended or advanced by mutual agreement of the parties. If the employer is not able to respond to a grievance within the prescribed time limits, up to and including Step 2, the grievance shall automatically progress to the next step of the procedure. In the event Management feels the Union has violated the terms and provisions of this Agreement, Management.shall have the right to file a grievance against the Union in the form of an unfair labor practice through the Public Employee Relations Board. Management shall notify the Union nine (9) days prior to such action. VI. HOLIDAYS - COMPENSATION Since the nature of fire protection necessitates that firefighters on a continuous shift work on holidays which are enjoyed by other City employees, and the normal weekly hours of work are approximately 403 greater (56 versus 40 hours) than those of other City emoloyees, Holiday time compensation shall be computed as follows: 88 hours (eleven days a year) X 1.40 123.20 or 123 hours a year Holidays the City recognizes are as follows: 1. The first day of January (New Year's Day). 2. The third Monday of February (Washington's Birthday). 3. The last Monday in May (Memorial Day). 4. The fourth day of July (Independence Day). 5. The first Monday of September (Labor Day). 6. The fourth Monday in October (Veteran's Day). 7. The fourth Thursday in November (Thanksgiving Day). 8. The day after Thanksgiving. 9. The twenty-fifth day of December (Christmas Day). 10. One Personal Leave Day. Employees, with the approval of the Department Head, shall also choose the day before or after Christmas, or the day before or after New Years Day as an additional holiday. If the employee wishes a different day between Christmas and New Years, he/she may select it with the approval of the Department Head. VII. VACATIONS Accumulations. Length of Service 0 - 5 years 5 - 10 years 10 - 20 years Vacation for Fire employees on continuous schedule: Hours Earned Maximum Per Pay Per Year Annual Carry-over 6 144 256 hours (maximum eligible for payment upon separation 7.5 180 calculated on a prorated hourly basis) 9 216 20 + years 10.5 252 VIII. SICK LEAVE Firefighters on a continuous shift shall earn six hours of sick leave per pay period and have the right to accumulate a maximum 2,160 hours (90 duty shifts). The City will compensate the employee for fifty (50) per cent of all accrued sick leave upon termination, provided the employee has served more than one continuous year. IX. ON--THE-JOB INJURY LEAVE In the event a permanent full-time employee is injured or disabled on the job, and if the injury or illness is deemed compensable pursuant to City of Iowa City Fire Pension Board regulations, or any related legislation, and if the City's medical advisor determines that time off from work is required, no deductions shall be made from the employee's sick leave or vacation accumulations for a period not to exceed two (2) full working shifts plus the time remaining in the shift on which she/he was injured. If the disabled employee requires more than the two (2) work shift period in which to recuperate and return to work, the employee may be subject to normal sick leave and, if necessary, the leave of absence provisions until such time as a tempor- ary pension is determined by the Fire Pension Board. X. SPECIAL LEAVES A. Funerals. Employees will be granted up to three days leave per incident with no loss of compensation nor loss of accrual from Sick, Annual nor Compensatory time to attend the funeral of his or her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother- in-law, sister-in-law, habitual member of the immediate household permanently having resided under the same roof, or for a military funeral in which such employee is an official participant. If additional time is needed sick leave may be used to maximum of three days with the Department Head's approval. B. Leaves of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the employee's Department Head and approved by the City Manager. Such leave shall not extend beyond twelve months, but may be extended with the written approval of the City Manager. With the exception of maternity and military leaves, the fact that such a leave is possible does not mean that the requested leave must be granted. A Leave of Absence deprives the employees department of the services of an employee, who it is assumed is needed if the department is to properly do its job. Leaves of Absences Without Pay, except in the case of disciplinary leaves, should be considered as a privilege and the best interests of the department and the City service must be the determining factors in whether such leaves are granted or not. When an employee is granted a Leave of Absence Without Pay, the Department Head commits himself/herself to allowing the employee to return to work at the end of the leave to the same duties that the employee was performing when he/she went on leave. The Employee will return to the same step within the pay range that he/she was on at the time of commencement of the unpaid leave. The pay range to which the employee returns will be that prevailing at the time of return to work for the employee's position within the current classification. Any substitutes hired to fill in for employees on Leaves of Absence Without pay, should be hired accordingly. When granted a Leave of Absence Without Pay, the employee commits himself to returning to work at the end of the Leave. Failure to contact the Department Head or the Personnel Director at the end of the leave shall be grounds for labeling the separation from City service a dismissal. During a leave of absence without pay, the employee: a. Does not receive pay from the City. b. Does not earn Vacation nor Sick leave. C. Must utilize all accumulated vacation and compensatory leaves until they expire, except in case of disciplinary action when such leaves may not be used to offset the action. d. Has no time deducted from Sick leave, except in cases of on the job injury or other incapacitation, in which case Sick leave may be used until accruals are exhausted. e. Cannot pay retirement contributions if the leave exceeds one month in duration. f. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll. g. Must pay premiums for coverage under the group life insurance plan. h_ Shall not receive any other benefits during the period of absence. C: Voting Time. If an employee is required andin fact works during hours that would make it impossible to vote in National, State, or local elections, sufficient time to vote will be provided for this purpose. D. Military Leave. All officials and employees of the City, other than temporary employees, who are members of the National Guard, organized reserves, or any component part of tt:e military, authority to active state or federal service, be entitled to a leave of absence from such civil employment for the period of such acting state or federal service without loss of status or seniority and without loss of pay during the first 30 days of such leave of absence. The City Manager may make a temporary appointment to fill any vacancy created by such leave of absence. Employees who have been in the Armed Services under military leave from the City, shall upon reinstatement to City employment maintain the original employment date for purpose of calculating seniority and eligibility for salary adjustment consideration, the same as though the time spent in the military service had been spent in employment for the City, providing that such employee has received an honorable separation from the Armed Service. XI. RETENTION TIME Employees who are required to work either in excess of their normal twenty- four (24) hour duty shift or 240 hours in a 28 day period, shall be granted com- pensation equal to one and one-half times the number of hours worked. The City Manager shall review and approve all assigned overtime, and payment for overtime shall be made on the next paycheck provided the conditions of service make it impractical to grant compensatory time off. Compensatory time shall be taken at such time as the Fire Chief shall determine it will not impair the func- tions of the Department; and all compensatory time shall be used within the same pay period it is earned. Overtime shall be compensated at one and one-half times the amount of time worked. Overtime (that time in excess of normal work time) shall be recognized as that defined by the Fair Labor Standards Act as it pertains to firefighters. XII_ MINIMAL CALL-IN TIME An employee who has left his or her normal place of work for their resi- dence and is called back to work, shall be credited a minimum of two and one-half (2'1) hours at the overtime rate, provided the employee has completed a normally scheduled and assigned duty shift. It is understood that time actually worked in excess of the first two and one-half (2�) hours will be added to the minimum provided under this section. XIII. INSURANCE The Employer shall subscribe (at the employee's option) to a health care insurance policy with major medical benefits for the employee on either a single or family -plan pursuant to relevant policy procedures. The above medical insurance is to be provided at no cost to full-time permanent employees and.will be provided on a prorated basis to less than full-time permanent employees. The Employer shall also subscribe to a life insurance policy for the employee to the next greater even thousand dollar amount over their annual salary. XIV. FOOD ALLOWANCE Fire Department employees shall be compensated $25.00 per month as a food allowance. XV. PAY PLAN A. The classified positions and the pay ranges for all employees in the bargaining unit affected by this Agreement are attached as Appendix A. This classification and pay range will be moved upward five (5) per cent on January 1, 1976, and each employee will be moved on a step for step basis. B. It is agreed that beginning July 1, 1975, the City's compensation plan will pro- vide a method by which the overall salary structure will remain current with changing economic conditions that affect the income and wages of employees. This method will involve a cost of living adjustment that will be made to the salary plan in total. On July 1, 1975, the cost of living adjustment will be made to the classification and pay range plan attached as Appendix A and each step and each employee will benefit by the adjustment. A subsequent adjustment will be made on July 1, 1976. The cost of living adjustment will be carried out by using a three year moving average of the annual percentage change in the consumer price index of the Cedar Rapids - Iowa City metropolitan area. The three year moving average adjustment will be made to the compensation plan on an annual basis at the start of each new budget year on July 1st. The actual adjustment will be determined at the end of the previous calendar year. The three year moving average of the annual percentage change in the consumer price index for the Cedar Rapids - Iowa City metropolitan area will be applied as an adjustment to the mid -point of each salary range. The resulting dollar amount will be then added to each step in the range. Each salary range would remain approximately 25% to 27% in length between minimum and maximum salaries. Both parties to this Agreement recognize that certain rules and procedures will. be required for future negotiations. A. Negotiating Teams The City and the Union shall each be entitled to a negotiating team of five (5) members at each session. The five members selected shall constitute the negotiations team; however, subtitutions and or changes can be made in the membership thereof with twenty-four hours notice. No team is required to have its five members at each session. For all sessions held during working hours, all Union members employed by the City shall have time off subject to availability as determined by their supervisor, but said time off should not be withheld unreasonably. One (1) City employee member on the Union team shall receive regular wages at each session held during working hours, the one (1) to be selected by the union team at the beginning of each session. B. Chief Negotiator Each of the parties shall have a Chief Negotiator for their team. Said Chief Negotiator so designated shall be in charge of each of the negotiating teams and shall be responsible for the conduct of the negotiations of his team as well as any statement or recommendations or reports and/or news releases of any matters discussed in the negotiations. No other member of either negotiating team may make any statement, recommendations, or reports or disclosures of any matters discussed in the negotiations. No substitution may be made for the Chief Negotiator without one weeks notice in writing and upon substitution all negotiations shall cease during the notice period of one week until the new Chief Negotiator shall become qualified. C. Executive Sessions It is understood and agreed by the parties that the negotiating process is a difficult process and subject to all matter of complications which may arise during the negotiating sessions, and that to hold the nego- tiating sessions in public or to allow access to the sessions by the public or the news media can and would inhibit, prolong and damage the. negotiating process. It is further understood that any negotiations that are reached by the negotiating team are only recommendations which must be approved by the City Council of Iowa City on behalf of the City and the Union members on behalf of the Union. At such time there will be a nances, rules or resolutions and the public and the Union members will have full opportunity to consider the results of the work of the negotiating teams. It is therefore agreed that all negotiating sessions shall be in executive session and that no one except the negotiating teams, and one pt�rsoh for each team to take notes, shall be in the sessions. The parties, however, may jointly agree to allow additional persons to attend any session to act as a mediator if the parties desire. All sessions will be held at mutually convenient times to both the Union and the Management representatives. D. Proposals The parties agree to prepare written proposals as to the items they wish to negotiate. Such proposals shall be in writing and delivered to the other side at the first meeting. Additional proposals involving different. subject matters than the original proposals may be submitted at any time during the negotiating process. It is the intent of the proposals submission to assist the parties in the negotiating process by enabling each party to know generally of the other parties interests so that the parties in the negotiating team may determine the areas of the agreement and disagreement and be prepared to provide information of areas of disagreement which may help resolve same. E. Impasse Procedure At the conclusion of negotiations, if there remain items of impasse (non -agreement) either party may request mediation through the Federal Mediation and Conciliation Service. If mediation fails.to resolve items of impasse, such items may be submitted to third party neutral advisement in the form of fact finding as the first step. If fact finding fails to resolve items of impasse both the Union and the Employer shall report back to their governing bodies on the items of impasse. Within fifteen (15) days after fact finding either the Union or the Employer may petition the other by written notice requesting arbitration for those items of impasse. Such arbitration shall involve binding final - offer arbitration as the final recourse in addition to the recommendations of the fact -finder. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Union and the Employer within seven days after notice has been given. If the Union and the Employer fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either party, • -12- or both parties, to provide a panel of five arbitrators. Both the Union and the Employer shall have the right to scratch two names from the panel. The p:arty requesting arbitration shall strike the first name; the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue his/her decision within thirty (30) days after the conclusion of testi- mony and agreement. The rules of conduct under which the arbitrator shall administer activities shall be pursuant to relevant state statutes (Senate File 531) as may be modified by the Public Employee Relations Board, any subsequent legislation, as any Court decisions pertaining thereto. Expenses for fact finding and/or arbitration shall be borne equally by both parties. XVII. DURATION OF AGREEMENT This Agreement shall be in effect for a period of two and one-half calendar years beginning on January 1, 1975, and ending on June 30, 1977. On or before October 1, 1976, the parties to this Agreement shall arrange mutually convenient meetings for the purpose of consumating a new Agreement which shall become effec- tive on July 1, 1977. XVIII. SAVINGS CLAUSE Should any provision of this Agreement be held unlawful by a court or adminis- trative agency of competent jurisdiction, all other provisions of this Agreement shall remain in force for the duration of the Agreement. This Agreement is subject to all Federal, State, and local laws; provided that should any change be made in any of these laws which would be applicable and contrary to any provision contained herein, such Provisions shall automatically be terminated. If replacement provisions are deemed necessary by Management or the Union they shall be negotiated immediately. Title APPENDIX A City of Iowa City Pay Plan 6 -Month Annual Review Review .A B C D Firefighter.............................$676 $710 $746 $782 Fire Lieutenant........ .............................. ......... $862 Fire Captain ................ $950 F F $822 $862 $906 $950 $998 $1048 The City government is responsible to the citizens to provide the best possible service for the community in the most efficient and economical manner. The Pay Plan for its employees reflects that responsibility in that it is designed to justly compensate those employees whose performance best serves the governments overall mission. Thus the City's Pay Plan is based on the principle of merit and performance. In the salary plan for this contract most position classifications include a salary range which is divided into six salary steps each approximately five (5) per- cent apart. The salary range is approximately 263 in length between the first step and the last step. The steps in themselves serve as indices to the employee and employer of the normal salary increment available should the employees performance merit a salary increase. Performance evaluations are mandatory every six months for employees on steps A and B, and every twelve months from step C through step F. Satisfactory performance would merit normal progression through all of the steps in each salary range in a four year period. For purposes of this agreement, and specifically to implement the above pay plan, Management agrees to the following: 1. Merit increases shall be guaranteed to all those employees eligible on January 1, 1975. 2- Merit increases shall be guaranteed to all those eligible on July 1, 1975. 3. Subsequent merit increases shall be granted based upon per- formance. This Agreement shall be binding on the parties, their successors and assigns and shall be approved by the appropriate governing bodies that have the authority to bind the respective parties to this Agreement and the undersigned hereby represents that they have the authority to sign this Agreement and it has been approved by the governing bodies of the parties. CITY OF IOWA CITY, IOWA ATTEST: City Clerk THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, Local 610 �1