HomeMy WebLinkAbout1997-09-09 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 97-295
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
One-Eyed Jake's - 18 - 20 S. Clinton Street
Passed and approved this 9th
day of September , 1997.
ATTEST: CI'~ CLERK
Approve~/~
City Attorney's Office
It was moved by Norton and seconded by
be adopted, and upon roll call there were:
Thornberry
the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
clerk\cigperm,res
Council Member Nortnn introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE APPLICATION OF BOND PROCEEDS AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted.
Council Member Thornberry seconded the motion to adopt. The roll was
called and the vote was,
AYES: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Res. No. 97-296
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE APPLICATION OF BOND PROCEEDS
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa,
should apply bond proceeds of its Series 1997 General Obligation Bonds for the purpose
of providing funds to pay costs of carrying out general corporate purpose projects as
hereinafter described; and
WHEREAS, before said bond proceeds may be applied in that manner it is
necessary to comply with the provisions of said Code, and to publish a notice of the
proposal to apply such bond proceeds and of the time and place of the meeting at which
the Council proposes to take action for the application of the bond proceeds to the
expanded purposes, and to receive oral and/or written objections from any resident or
property owner of said City to such action;
NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the Council meet in the Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, at 7:00 o'clock P .M., on the 23rd
day of September ,1997, for the purpose of taking action on the matter of
-2-
providing for the expenditure of $130,000 of the proceeds of $225,000 of General
Obligation Bonds dated April 1, 1997, issued for the following purposes:
to provide funds to pay costs of the improvement and equipping of the
library, including roof and carpet replacement and heating, ventilation and
air conditioning system;
to include the following purposes:
to provide funds to pay costs of the expansion of Fire Station #3, the
renovation of the City's Animal Shelter, replacement of portions of the
Civic Center roof and the Robert A. Lee Recreation Center gym floor
replacement and office upgrade project. '
Section 2. That the Clerk is hereby directed to cause at least one publication to
be made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, not
less than ten nor more than twenty days before the date of said public meeting on the
transfer of said bond proceeds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-3-
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED APPLICATION
OF BOND PROCEEDS OF SAID CITY, AND
THE HEARING THEREON
PUBLIC NOTICE is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public hearing on the 23rd day of September,
1997, at 7:00 p.m., in the Council Chambers,
Civic Center, 410 East Washington Street, Iowa
City, Iowa, at which meeting the Council propos-
es to take additional action for the application of
a $130,000 portion of the bond proceeds of the
General Obligation Bonds, dated Apdl 1, 1997,
issued for the following purposes:
to provide funds to pay costs of
the improvement and equipping
of the library, including roof and
carpet replacement and heating,
ventilation and air conditioning
system;
to include the following purposes:
to provide funds to pay costs of
the expansion of Fire Station ¢¢3,
the renovation of the City's Ani-
mal Shelter, replacement of
portions of the Civic Center roof
and the Robed A. Lee Recre-
ation Center gym floor replace-
ment and office upgrade project.
At any time before the date of the above meet-
ing, a petition asking that the question of the
transfer of said bond proceeds be submitted to
the legal voters of said City may be filed with the
Clerk of said City in the manner provided by
Section 362.4 of the City Code of Iowa, pursuant
to the provisions of Section 384.26 of the Code
of Iowa.
This notice is given by order of the Council of
Iowa City, Iowa, as provided by Section 384.26 of
the City Code of Iowa.
Dated this ].].th dayof September' ,
1997.
City"61erk of Iowa City, Iowa
finadm~ondapp.rx:~
PASSED AND APPROVED this 9th dayof September ,1997.
ATTEST:
Clerk
PGOODRIC\104230\1 \10387000
-5-
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA, ON THE MATTER OF THE
PROPOSED APPLICATION OF BOND PROCEEDS OF
SAID CITY, AND THE HEARING THEREON
PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa,
will hold a public~earing on the day of .~, 1997, at
.M., in the Cou~.cil Chambers, Civic Center, 410 East Washington Street, Iowa City,
I--~wa, at which meeting the Council proposes to take additio¢6l action for the application
of a $130,000 portion b{f, the bond proceeds of the General/Obligation Bonds, dated
April 1, 1997, issued fo~t~e following purposes: ,/.
to provide funds to ~ay costs of the improver~6nt and equipping of the
library, including roo~ and carpet replacem~fit and heating, ventilation and
air conditioning system; /
to include the following purpos~es: /
to provide funds to pay costs, of th,.¢ expansion of Fire Station #3, the
renovation of the City's Anirfi.al/ghelter, replacement of portions of the
Civic Center roof and the Robi'~t A. Lee Recreation Center gym floor
replacement and office upgra/de p~roject.
question of the transfer of said, bond procee~i be submitted to the legal voters o ' C'ty
may be filed with the Clerk 9~ said City in themanner provided by Section 362.4 of the
City Code of Iowa, pursu?.(to the provisions ~5~ection 384.26 of the Code of Iowa.
This notice is gi~/en by order of the Counci~of Iowa City, Iowa, as provided by
Section 384.26 of the ¢ty Code of Iowa. ~
Dated this /' day of , ,1997.
,// / ~x~,
City Clerk of Iowa City, Iowa
(End of Notice)
-4-
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 97-297
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A HOUSING REHABILITATION LIEN FOR THE
PROPERTY LOCATED AT 913 NORTH GILBERT STREET, IOWA CITY, IOWA
WHEREAS, on April 14, 1994, the property owners of 913 North Gilbert Street executed
a Rehabilitation Agreement, a Promissory Note for a no-interest loan, and a Mortgage in the
amount of 82,025.00 through the City's Housing Rehabilitation Program, and
WHEREAS, these documents created a lien against the property; and
WHEREAS, the balance of 8530.00 was paid off on August 21, 1997; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 913
North Gilbert Street, Iowa City, Iowa from the Rehabilitation Agreement, the no-interest
Promissory Note and the Mortgage recorded on May 17, 1994 in Book 1749, Page 195
through Page 206 of the Johnson County Recorder's Office.
Passed and approved this 9th day of September ,1997.
MAYOR
ATTEST: /~~ CITY CLERK
City Attorney's Office
It was moved by Baker and seconded by Thornberry
adopted, and upon roll call there were:
the Resolution be
ppdrehab/re,,~/913ngibl,doc
AYES: NAYS:
X
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 913 North Gilbert Street, Iowa
City, Iowa, and legally described as follows:
Lot 3, Gilbert Woods Addition, an addition to Iowa City, Iowa, according to
the plat thereof recorded in Book 10, Page 61, Plat Records of Johnson
County, Iowa,
from an obligation of the property owners, Sidney T. and Bonnie S. Bradley, to the City of
Iowa City in the principal amount of 92,025.00 represented by the Rehabilitation
Agreement, the no-interest Promissory Note and the Mortgage recorded on May 17, 1994
in Book 1749 Pages 195 through 206 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded documents.
CITY CLERK
Ap/l~oved by
City Attorney's Office
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this ~ ~L day of q~b~r- , A.D. 19 ?? , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Naomi J.
Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its Cit~y~Council, as contained in Resolution No. ¢7-~7 , adopted by the City
Council on the ~ day ~ ,~¢~- , 19 ~7 and that 'the said Naomi J.
Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
NotarY/Public in and for Johnson County, Iowa
ppdrehab\913ngibl.doc
Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 97-298
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL LIFT
STATION CONSTRUCTION PROJECT.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Construction of a new landfill lift station as constructed by Sulzberger Excavating, Inc.
of Muscatine, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 9th day of September , 1997.
ATTEST:
It was moved by Baker
adopted, and upon roll call there were:
pweng/resJliff-sta.doc
AYES: NAYS:
X
X
X
X
X
X
X
MAYOR
,~roved by
City Attorney's Office
and seconded by Thornberry the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
CITY OF I0 WA CITY
ENGINEER'S REPORT
September 9, 1997
Honorable Mayor and City Council
Iowa City, Iowa
RE: Iowa City Landfill Lift Station Construction Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Iowa City Landfill Lift Station
Construction Project had been completed in substantial accordance with the
plans and specifications prepared by Shive-Hattery Engineers and Architects of
Iowa City. The required maintenance bond is on file in the City Clerk's Office.
The final contract price if $607,124.15.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY, 1OWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 97-299
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER
MAIN, STORM SEWER AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT
RIDGE - PART 5, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Walnut Ridge - Part
5, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Walnut Ridge - Part 5, as constructed by Metro Pavers, Inc.
of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 9th day of September , 1997.
CITY--CI, ERK
pweng\res\walnut5.wp5
MAYORL
Approved by
Resolution No. 97-299
Page 2
It was moved by Baker and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
September 9, 1997
Honorable Mayor and City Council
RE: Walnut Ridge - Part Five
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, water main, storm
sewer, and paving improvements for Walnut Ridge Part Five have been
completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bonds
are on file in the City Clerk's office for the sanitary sewer, storm sewer, and
water main improvements constructed by Maxwell Construction, Inc. of Iowa
City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of
Iowa City, Iowa.
recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-$009
Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 97-300
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER
MAIN, STORM SEWER AND PAVING PUBLIC IMPROVEMENTS FOR
SADDLEBROOK ADDITION, PART 1, AND DECLARING THE PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Saddlebrook Addition,
Part 1, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Saddlebrook Addition, Part 1, as constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 9th day of September
, 1 997.
ATTEST:ciT~CLERK ~' ~
It was moved by Baker
adopted, and upon roll call there were:
AYES:
X
X
X
X
.X
X
X
NAYS:
and seconded ~nber'~.y k/ the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng/res/saddlel .doc
ENGINEER'S REPORT
CITY OF I0 WA CITY
September 9, 1997
Honorable Mayor and City Council
RE: Saddlebrook Addition, Part 1
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, water main, storm
sewer, and paving improvements for Saddlebrook Addition, Part I have been
completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bonds
are on file in the City Clerk's office for the sanitary sewer, storm sewer, and
water main improvements constructed by Maxwell Construction, Inc. of Iowa
City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of
Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOVqA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145
RESOLUTION NO. 97-301
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY
HILLS SUBDIVISION, PART TWO, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Galway Hills
Subdivision, Part Two, as constructed by Maxwell Construction, Inc. of Iowa City,
Iowa.
Paving improvements for Galway Hills Subdivision, Part Two, as constructed by Streb
Construction Co., Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 9th day of September , 1997.
pweng\res\galway2,doc
MAYOR
Approved by
Resolution No, 97-301
Page 2
It was moved by Baker and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
September 9, 1997
Honorable Mayor and City Council
Iowa City, Iowa
RE: Galway Hills Subdivision, Part Two
Dear Honorable Mayor and Councilpersons:
I hereby certify that the sanitary sewer, storm sewer, water main, and paving
improvements for Galway Hills Subdivision, Part Two have been completed in
substantial accordance with the plans and specifications of the Engineering
Division of the City of Iowa City. The required maintenance bonds are on file in
the City Clerk's office for the sanitary sewer, storm sewer, and water main
improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and
for the paving improvements constructed by Streb Construction Co., Inc. of Iowa
City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 97-302
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC
IMPROVEMENTS FOR HY-VEE NO. 2 (ADDRESSED 812 S. FIRST AVENUE)
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Storm sewer improvements for Hy-Vee No. 2 (addressed 812 S. First Avenue), as
constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Engineer's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 9th day of September'
,1997.
CITY-CLERK
It was moved by Baker'
adopted, and upon roll call there were:
MAYOR
and seconded by
Approved by ,4 _
Ci~_~rney's ~q~/e ~-~__~
Tho~'nbe~'r'.v the Resolution be
AYES: NAYS:
ABSENT:
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng\res~y-vee2.wp§
Prepared. by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
"'~ RESOLUTION NO.
RESOLU~r,~oN ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC
IMPROVEI~/I~,TS FOR HY-VEE NO. 2 (ADDRESSED 812 S. FIRST AVENUE)
WHEREAS, the Enginbsring Division has certified that the following~mprovements have been
completed in accordantwith the plans and specifications of th~ City of Iowa City:
Storm sewer im for Hy-Vee No. 2 (addYessed 812 S. First Avenue), as
constructed by ell Construction, Inc. of Iow~ City, Iowa.
WHEREAS, a maintenance has been filed in .1;.l~e City Clerk's office; and
NOW, THEREFORE, BE IT :D BY THE ~I'TY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereb'
dedications and public improvements
by the City of Iowa City, Iowa, and that all
formally accepted.
Passed and approved this
/
/
ATTEST: / MA
CITY CLE/~
It was moved by/ and seconded by
adopted, and /~n roll call there were:
AYES: NAYS:
, 1 997.
Approved by
the Resolution be
er
Kub~y
Lehman
Norton
Noviok
Thornberry
Vanderhoef
pweng\res\hy-vee2.wp5
ENGINEER'S REPORT
CITY OF I0 I/VA CITY
September 9, 1997
Honorable Mayor and City Council
RE: Hy-Vee No. 2 (Addressed 812 South First Avenue)
Dear Honorable Mayor and Councilpersons:
I hereby certify that the storm sewer public improvements improvements for Hy-
Vee No. 2 (addressed 812 South First Avenue) has been completed in
substantial accordance with the plans and specifications of the Engineering
Division of the City of Iowa City. The required maintenance bonds are on file in
the City Engineer's office for the storm sewer improvements constructed by
Maxwell Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 3:56-3009
ENGINEER'S REPORT
CITY OF I0 CITY
September 9, 997
Honorable
Iowa City, Iowa
~nd City Council
RE: Hy-Vee No. 2 812 S.
Dear Honorable Mayor id Councilperso~
I hereby certify that the
(addressed 812 S. First
with the plans and s
City. The required maintenan
storm sewer improvements
City, Iowa.
sewer improvements for Hy-Vee No. 2
completed in substantial accordance
Engineering Division of the City of Iowa
onds are on file in the City Clerk's office for the
by Maxwell Construction, Inc. of Iowa
recommend that the
of Iowa City.
improvements be accepted by the City
Sincerely,
A. P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · 9) 356-5000 · FAX (319) 356-5009
Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044
RESOLUTION NO. 97-303
RESOLUTION APPROVING DESIGN REVIEW COMMITTEE PROCEDURES AND
GUIDELINES FOR PROJECTING SIGNS
WHEREAS, the City Council adopted Ordinance No. 97-3802 which permits projecting signs
as a provisional sign in the CB-5, Central Business Support Zone, and the CB-10, Central
Business District Zone; and
WHEREAS, Ordinance No. 97-3802 requires that prior to obtaining a sign permit the business
must obtain Design Review Committee approval for the design of the projecting sign according
to procedures and guidelines established by the Design Review Committee and approved by
City Council. Said procedures shall be consistent with those outlined in City Code Section
14-6J-SD, unless the construction of the projecting sign is accompanied by another change
in appearance or alteration of the exterior features of a building which requires a design review
application under Article 14-4E, Design Review. In those instances, the Committee shall follow
the requirements of Article 14-4E, Design Review. The Committee shall establish design
guidelines specifically for projecting signs which shall be used in all instances.
WHEREAS, the Design Review Committee ha~ established the attached procedures and
guidelines for projecting signs and recommends City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Council approves Attachment A hereto as the procedures and guidelines the
Design Review Committee shall follow when reviewing the design of projecting signs.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed to certify this resolution.
Passed and approved this
9th day of September ,1997
pweng\res\projsign,wp5
M~YOR
City Attorney's Office
Resolution No. 97-303
Page 2
It was moved by Baker and seconded by
adopted, and upon roll call there were:
Thornber~'~v the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Attachment A
Design Review Procedures and Guidelines for Projecting Signs
A. DEFINITIONS: As used for design review procedures and guidelines for projecting
signs, the following definitions shall apply:
APPLICATION FOR DESIGN REVIEW or APPLICATION: A written request by a property
owner or their agent ("Applicant") to the Design Review Committee for approval of any
projecting sign or change in appearance of a projecting sign. The application must be
approved prior to the issuance of a sign permit. Procedures for receiving approval shall be as
outlined in Section B of this document, unless the construction of the projecting sign is
accompanied by another change in appearance or alteration of the exterior features of a
building which requires a design review application under Article 14-4E, Design Review. In
those instances, the Committee shall follow the requirements of Article 14-4E, Design
Review. However the design review guidelines outlined in Section C shall apply in all
instances.
CHANGE IN APPEARANCE; Any change or alteration to a projecting sign. This definition shall
pertain only to changes in exterior appearance which are visible from the public way and for
which a sign permit is required for compliance with applicable City Codes. Furthermore,
nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance
which do not involve alterations or changes to projecting signs.
COMMITTEE: The Design Review Committee as established by Resolution of the City
Council.
DESIGN REVIEW GUIDELINES: Guidelines, as outlined in Section C of this document, shall be
applied to consideration of approval or disapproval of an application for design review.
B. APPLICATION FOR DESIGN REVIEW
1. Application Required: No person shall install a projecting sign or undertake a change in
appearance to a projecting sign unless an application for design review has been approved.
An applicant has the option of submitting an application for design review at the same time
the applicant applies for a sign permit or anytime before the applicant applies for a sign
permit. In either instance, an application for design review must be approved prior to the
issuance of a sign permit. The applicant is encouraged to schedule the application for design
review process far enough in advance of the sign permit application process so as to avoid
delays in the applicantis desired construction schedule.
applicant may
intentions and
b.
(1)
(a)
Application for Design Review Process:
Preliminary Review (Optional): Prior to application for design review, the
request preliminary review by the Design Review Committee to discuss basic
plans before investing time in detailed designs.
Final Application and Review:
Application Submission:
A complete application for design review shall be submitted to the Building
Official at least four (4) working days before the next regularly scheduled Design Review
Committee meeting in order to be considered at that meeting.
(b) Those applications for design review containing proposed designs that consist
basically of normal repairs or maintenance and which do not involve alterations or changes to
the design of a projecting sign shall receive approval administratively by the design review
committee staff. The written results of this review process shall be made to the Committee
by the next scheduled Committee meeting.
(c) Those applications for design review containing proposed designs that involve
alterations or changes in appearance to the design of a projecting sign shall be forwarded to
the Design Review Committee for consideration at its next scheduled meeting.
(2) Committee Review and Approval:
(a) Approval or Disapproval. Within five (5) working days following the meeting at
which an application for design review is considered, the Committee shall approve, approve
with modifications agreed to by the applicant, or disapprove the application. However, an
applicant may agree, in writing, to an extension of time. If the Committee does not act within
this time period and the applicant does not agree to an extension of time, the application shall
be deemed as receiving approval from the Committee.
(b) Committee Findings. The Committee shall review the application for design
review and consider whether the projecting sign or change in appearance to the projecting
sign conforms to design review guidelines. The Committee's written decision will be
immediately filed with the Building Official and a copy sent to the applicant by ordinary mail.
(3) Appeal to the City Council. Any applicant may appeal any decision of the
Committee regarding an application for design review to the City Council. Such an appeal
2
must be in writing and must be filed with the City Clerk no later than ten (10) working days
after the filing of the abovementioned Committee's findings. The City Council shall, within a
reasonable time, hold a public hearing on the appeal, give the public notice as required by
State law, as well as provide written notice to the applicant who has filed the appeal, and
decide the appeal within a reasonable time. In deciding such appeal, the City Council shall
consider whether the Committee has exercised its powers and followed the procedures and
guidelines established by resolution and whether the Committee's action was patently
arbitrary or capricious. In exercising the above-mentioned powers, the City Council may, in
conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to be made, and to that end shall have
the powers of the Committee from whom the appeal is taken.
c. Compliance with Approved Applications for Design Review Required: Approved
applications for design review authorize only those projecting signs and changes in
appearance to projecting signs set forth in such approved applications and no other changes
in appearance. It shall be the duty of the Building Official or designee to inspect, from time to
time, any work performed pursuant to such an approved application to ensure compliance
with the requirements of such application. If it is found that such work is not being carried
out in accordance with the approved application, the Building Official shall issue a stop work
order.
d. Revisions to Approved Design Plans: Substantive changes to an approved
application for design review, as determined by the design review committee staff, require
submittal of those changes to the Design Review Committee and the requirements set forth
in this Section.
3. SUBMITTAL REQUIREMENTS:
a. Preliminary Review Submittal Materials: Preliminary submittals may contain
any elements called for in the final application submittal section, at the option of the
applicant.
b. Final Application and Review Submittal Requirements: In addition to
submitting an application form, an application for design review must include exhibits
portraying the work to be accomplished which will assist the Design Review Committee in
consideration of the application. Those exhibits may include drawings, photographs, and
sketches. Two (2) copies of all drawings and written materials must be submitted with those
applications administratively reviewed by staff. Ten (10) copies of all drawings and written
materials must be submitted with those applications reviewed by the Committee.
C. DESIGN REVIEW GUIDELINES
When reviewing a projecting sign, the Design Review Committee shall adhere to the
following guidelines. In no case may these guidelines be used to attempt to replace or
override the requirements of the Iowa City Zoning Ordinance.
(e) Signs
(1)
All signs and graphic symbols should relate to the building's design,
character, color scheme, materials, and purpose and should be compatible
with signs on adjoining buildings.
III
Illllllj
(2)
The number and size of signs should be minimized in order to avoid visual
clutter and to preserve the character of the street facade.
Desirable
Undesirable
(3)
Multiple occupancy buildings, such as shopping center and office complexes,
should develop "signage programs" that promote integrated design and
equitable space and size distribution.
(4)
Lettering and graphic styles should be in keeping with the project's design
and character.
ecodev/res/projsign.doc
5
Attachment A
Design Review Procedures and Guidelines for Projecting Signs
A. DEF~TIONS: As used for design review procedures and guide for projecting signs,
the following d f~ions shall apply: /
APPLICATION FO%DESIGN REVIEW or APPLICATION: A '~ri~ n request by a property owner
or their agent (' A' ppli(~,nt") to the Design Review Committee !,~r,~l: ~roval of any projecting sign or
change in appearan%of a projecting sign. The applic?'0n must be approved prior to the
issuance of asign permit'~Procedures for receiving apprpI shall be as outlined in Section B of
this document, unless the b~nstruction of the projecti~sign is accompanied by another change
in appearance or alteration %the exterior features/gf a building which requires a. design review
application under Article 14-41~ Design Review. ¢ those instances, the Committee shall follow
the requirements of Article 14~4E, Design iew. However the design review guidelines
outlined in Section C shall apply all instanc ~.
CHANGE IN APPEARANCE:
pertain only to changes in exterior al:
a sign permit is required for complian
definition shall be construed to prohil
alterations or changes to projectin!
COMMITTEE: The Design Revi,
DESIGN REVIEW Guidelines
applied to consideration of )roval or disa
alteration to a projecting sign. This definition shall
nce which are visible from the public way and for which
with applicable City Codes. Furthermore, nothing in this
imit normal repairs or maintenance which do not involve
as established by Resolution of the City Council.
outlined in Section D of this document, shall be
of an application for design review.
B. APPLICATIOI
DESIGN REVIEW
1. A Required: No person shall install a sign or undertake a change in
appearance to projecting sign unless an application for n review has been approved. An
applicant option of submitting an application for desi review at the same time the
applicant ~lies for a sign permit or anytime before the applica )lies for a sign permit. in
either in~ an application for design review must be approved to the issuance of a sign
permil 'he applicant is encouraged to schedule the application for in review process far
enough in advance of the sign permit application process so as to avoid delays in the applicant's
desired construction schedule.
2. Application for Design Review Process:
a. Prel~inary Review (Optional): Prior to application for design review. applicant
may request preliminS review by the Design Review Committee to discuss bas intentions and
plans before investing
b. Final
(1) Application
(a) A complete
at least four (4) working days
meeting in order to be considered
(b) Those applications
in detailed designs.
and Review:
bmission:
cation for design review shall be
the next regularly
that meeting.
design review containi
basically of normal repairs or mainte~ ~ce and which do
design of a projecting sign shall receive pproval
staff. The written results of this review
scheduled Committee meeting.
(c) Those applications for desi
alterations or changes in appearance to the
Design Review Committee for consideration
(2) Committee Review and Appr
(a) Approval or Disapproval.
which an application for design
approve, approve with modifications
However, an applicant may agree,
act within this time period and the
shall be deemed as receiving apl
(b)
to the Building Official
Design Review Committee
proposed designs that consist
alterations or changes to the
by the design review committee
shal e made to the Committee by the next
containing proposed designs that involve
tn of a projecting sign shall be forwarded to the
~ext scheduled meeting.
(5) working days following the meeting at
is schedul~ to be considered, the Committee shall
reed to by th~ ~pplicant, or disapprove the application.
writing, to an exte~ ion of time. If the Committee does not
plicant does not agree an extension of time, the application
from the Committee.
Committee Find ~lS. The Committee shall revi
.~ting sign or change in appearant
The Committee's written decision
sent to the applicant by ordinary mail.
and consider whether the
to design review guideline~
Building Official and a co
the application for design review
to the projecting sign conforms
be immediately filed with the
(3) Appeal the City Council. Any applicant may
Committee regardi~ application for design review to the City Counci
in writing and~ be filed with the City Clerk no later than ten (10)
eal
any decision of the
an appeal must be
after the filing of
the abovementioned Committee's findings. The City Council shall, within a reasonable time, hold
a 4ic hearing on the appeal, give the public notice as required by State law, as well as provide
time.
exercised
whether the
otice to the applicant who has filed the appeal, and decide the appeal within a reasonable
such appeal, the City Council shall consider whether the Committee has
~owers and followed the procedures and guidelines establishe/ci?by resolution and
lmittee's action was patently arbitrary or capricious. In ~g the above-
mentioned the City Council may, in conformity with the provisio~
or affirm, wholly )artly, or may modify the order, requirement,
appealed from and m make such order, requirement, decision or
made, and to that end tll have the powers of the
c. Complianc with Approved Applications for Des
authorize only those projecting si
ich approved applications and
ng Official or designee to
applications for design revi~
projecting signs set forth in
shall be the duty of the Bull
shall issue
Design
letermined
performed pursuant to such an ~pproved application to
of such application. If it is foun, that such work is
approved application, the Buildin(
d. Revisions to Appr
application for design review, as
submittal of those changes to the
Section.
of this Article, reverse
or determination
as ought to be
the appeal is taken.
n Review Required: Approved
~s and changes in appearance to
3 other changes in appearance. It
)ect, from time to time, any work
compliance with the requirements
being carried out in accordance with the
stop work order.
Substantive changes to an approved
the design review committee staff, require
and the requirements set forth in this
3. SUBMITTAL REQUIREMENTS:
a. Preliminary Review St Materials: Preliminary submittals may contain any
elements called for in the final applic_~tion ittal section, at the option of the applicant.
b. Final Application a/~ Review ~i[tal Requirements: In addition to submitting an
application form, an applicatio~//for design review t~,ust include exhibits portraying the work to be
accomplished which will ass~' the Design Review Ct~mmittee in consideration of the application.
Those exhibits may includydrawings, photographs, and,.,s. ketches. Two (2) copies of all drawings
and written materials m/~t be submitted with those applica'tions administratively reviewed by staff.
Ten (10) copies of al/,~'drawings and written materials must be%submitted with those applications
reviewed by th,~mittee.
DESIGN REVIEW GUIDELINES
W
re(
reviewing a projecting sign, the Design Review Committee shall adl-
In no case may these guidelines be used to attempt to re
of the Iowa City Zoning Ordinance.
to the following
or override the
(e) Si!
(1)
;igns and graphic symbols should relate
coh materials, and purpose and
ad buildings.
III11111
!il
building's design, character,
be compatible with signs on
(2)
The number and size
and to preserve the
ns should be minimized in order to avoid visual clutter
r of the street facade.
(3)
esirable
Mult~'e occupancy buildings, such as sho
sh~..ld..develop "signage programs" that
/~itable space an size distribution.
Undesirable
center and office c. omplexes,
integrated. design and
. (4) Lettering and graphic styles should be in keeping with
character. ,
ecode ' '
ect's design and
Prepared by: Scott Kugler, Asso¢. Planner 410 E. Washington St., Iowa City, IA 52240; 319-356-
RESOLUTION NO. 97-304
RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE,
PARTS 9-14, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington, L.C., filed with the City 'Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Windsor Ridge, Parts 9-14; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary peat .and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances
of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The preliminary plat of Windsor Ridge, Parts 9-14, Iowa City, Iowa, is hereby
approved.
The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and
directed to certify this resolution, which shall be affixed to the plat after passage and
approval by law.
Passed and approved this 9th day of September
, 1 997.
MAYOR
Approved~ by ,/') / ,,/')
ppdadmin\windspre.res
Resolution No. 97-304
Page ;~
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB97-0012. Windsor Ridge, Parts Nine
through Fourteen, Preliminary Plat
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Prepared by: Scott Kugler
Date: August 21, 1997
Arlington, LC
586 Highway 1 West
Iowa City, Iowa 52240
Phone: 354-0581
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary plat approval
To create a 127-1ot residential
subdivision
At the current north terminus of
Arlington Drive and Barrington Road.
80.1 acres
Vacant, RS-5, RS-8, and CN-1
North: Vacant, RS-5 and RM-12;
East: Residential, County RS;
South: Residential, RS-5;
West: Vacant, P and ID-RS;
course, RS.
golf
Low Density Single-Family
Chapter 14-7, Land Subdivisions
June 26, 1997
Waived to August 21, 1997
SPECIAL INFORMATION
Public Utilities:
City water and sewer are available to
the site.
Public Services:
Police and fire protection will be
provided by the City. For the single
family development, the City will
provide refuse collection, but this must
be handled by a private hauler for the
neighborhood commercial development
and any apartment or townhouse units.
Transportation:
Regular transit routes currently do not
serve the Windsor Ridge development.
Physical Features:
Some of this area falls within the
Snyder Creek watershed. Care should
be taken during development to control
erosion and sediment loss.
Sensitive Areas Ordinance:
The property contains a stream
corridor, hydric soils and a delineated
wetland on Outlots J & L. A Sensitive
Areas Site Plan has been submitted and
is under review. If features such as
archaeological sites are discovered
during construction, they should be
investigated.
BACKGROUND INFORMATION:
The applicant, Arlington, L.C., is requesting preliminary plat approval of Windsor Ridge, Parts
Nine through Fourteen, an 80.1 acre, 127-1ot residential subdivision located north of existing
portions of the Windsor Ridge development. Parts Seven and Eight have recently been
approved and are under construction. Development of this portion of the subdivision would
complete the development of Windsor Ridge south of future Court Street.
ANALYSIS:
Compliance with Subdivision Regulations: The proposed preliminary plat contains a few
deficiencies that must be addressed prior to consideration by the Commission. Staff
recommends deferral pending resolution of these items. A Grading Plan is also required due
to the presence of a stream corridor and a wetland on the property. When this property was
annexed in 1993, the developer agreed to pay all costs associated with the infrastructure for
this development. This requirement was in accordance with the City's annexation policy for
out-of-sequence development. The City Council has since decided to move construction of
Court Street from its current terminus to the Windsor Ridge property line up in its Capital
Improvements Program such that it should be constructed next year. The applicant is
responsible for extending the street beyond this point and all other infrastructure at its own
cost. Before parts 12, 13 and 14 can be developed, Court Street will have to be extended
east from its current terminus near Scott Boulevard to Taft Avenue.
Lot Configuration/Subdivision Design: A preliminary plat was approved for this property in
1993. However, that plat has expired resulting in the need for a new preliminary plat for this
area. The lot and street layout proposed on the current plat is similar to that approved in
1993, however, there are changes worth noting. One change involves the redesign of
Sheffield Place, which was originally proposed as a Iccp street with an area of open space
within its median. Sheffield Place is now proposed to be a cul-de-sac. Staff had been
negotiating with the applicant to make this a through street that connects to Taft Avenue.
However, the grading necessary to make this connection would result in most of the lots
along this street unable to be served by gravity sewer. This, together with a previous
decision to eliminate a connecting street to the south in an earlier phase of this subdivision
due to sight distance problems along Taft, will result in there being no vehicular connections
from this subdivision to Taft Avenue between Court Street and American Legion Road.
However, staff feels that there should still be a pedestrian connection from the end of the
cul-de-sac to Taft Avenue, which is planned to be a future arterial street. It appears that a
sidewall( could be located between Lots 155 and 156 to achieve this connection. Staff
recommends that a 15 foot wide easement be provided, centered on this lot line, to allow
this connection to take place in the future when Taft Avenue is reconstructed.
With the redesign of Sheffield Place, there will be three lots that back up onto Taft Avenue, a
future arterial street. Given the relatively shallow lot depth of these lots, staff recommends
that a landscaped buffer be provided by the developer at the rear of the lots. By the time
that Taft Avenue is reconstructed and carries significant amounts of traffic, the buffer should
be well established and will provide a visual and sound barrier for the residents of these lots.
Another option would be to shorten the cul-de-sac and provide additional lot depth,
particularly for Lot 156. However, this would likely result in the loss of lots along the street.
At the west end of the property there are two local street connections between this
development and the adjacent properties. It is possible that the adjacent property may be
developed residentially, and a connection through Windsor Ridge is the only opportunity to
gain access from this property north to Court Street. Therefore, two local street connections,
one to the current Fairway Golf Course property, and one to a smaller vacant property north
of the golf course, are being provided.
Outlots L, O, and S will all be the site of future development. Each parcel was rezoned in
1994, with Outlots L and O to be the site of future OPDH-8 developments containing
townhouses and apartments, and Outlot S to be developed as a neighborhood commercial
center. Outlot O will contain a "town square" type green space, around which townhouses
and commercial buildings will be located. The rest of the outlots will serve as open space;
some to be dedicated to the City and others to be held and maintained by a homeowners
association.
Development of this property as proposed would involve the extension of three existing
streets (Arlington Drive, Barrington Road, and Court Street), and the platting of five new
streets (Dryden Court, Huntington Drive, Cumberland Lane, Buckingham Lane, and Sheffield
Place). Court Street will be an arterial street of 34 feet within an 85 foot right-of-way, and
Arlington Drive, Barrington Road, and Huntington Drive will be collector streets of 31 feet
within a 60 foot right-of-way. The rest of the new streets will be local streets. Fairway Lane
will be built to City local street standards and constructed to the property line, but will not be
physically connected to the existing County road to the south at this time. The opportunity
will be there for the streets to connect at some point in the future.
Neighborhood Open Space: The provision of public open space to be dedicated within
Windsor Ridge more than meets the requirements of the 1993 Conditional Zoning Agreement
(CZA) for this 240 acre development. The CZA required that 6.9 acres be dedicated within
the development, 4 acres as a central park and 2.9 acres as part of a greenway trail system.
Much more than that has already been dedicated in previous sections of Windsor Ridge. The
dedication of Outlots N, J, Q, and R are being proposed with this plat.
Although it contains a large area of open space, staff recommends that the City not commit
to accepting Outlot K at this point. The proposed pond on Outlot K should be closely
reviewed in terms of its design, its compatibility with the Sensitive Areas Ordinance, and its
future maintenance needs before the City agrees to accept the property. This is discussed in
greater detail below. Outlot M, located within the cul-de-sac of Dryden Court, will be owned
and maintained by a homeowners' association. The developer is responsible for construction
of the proposed trails on all of the outlots. A note on the plat indicates this.
Stormwater Management: Provisions for stormwater management have been taken care of
with other sections of the Windsor Ridge Development. No additional storm water
management facilities are required for this area. The proposed pond on Outlot K is not
needed for stormwater management purposes, but if constructed would provide some
stormwater management benefits.
Sensitive Areas Ordinance: Hydric soils, a stream corridor, and potential wetlands are shown
on the Sensitive Areas Inventory Map within Outlots J and K. No environmentally sensitive
features are identified on other portions of the property. A Sensitive Areas Site Plan will be
required. A wetland is present, but a Sensitive Areas Overlay rezoning is not necessary at
this time. The only activities that are to occur within or near the wetland area are exempt
from the Sensitive Areas Ordinance (storm and sanitary sewer construction affecting less
than one acre and approved under a Nationwide Permit by the Army Corps of Engineers), and
no other development activities are being proposed within 150 feet of the wetland. When
Outlot L is developed, a Sensitive Areas Overlay rezoning will be necessary and a wetland
buffer and conservation easement established.
The south portion of this property is located within the Snyder Creel( watershed. Drainage
from this area will flow through the Scott-Six Industrial Park property and on toward the
Snyder Creek Bottoms wetlands. Erosion control measures should be given extra scrutiny
with regard to this development. No erosion control measures are shown on the preliminary
plat, but will be included on the Sensitive Areas Site Plan and/or Grading Plan. The detention
basins currently located at the southern edge of Windsor Ridge will also help to limit the
amount of soil leaving the property.
5
The proposed pond on Outlot K raises questions with regard to the Sensitive Areas
Ordinance. Stormwater management facilities are permitted within sensitive areas and
buffers as "essential public utilities." Although this pond would provide stormwater
management benefits, it is not needed for this development. Approving the pond
construction within the stream corridor seems to run counter to the intent of the Sensitive
Areas Ordinance in that an existing stream corridor would be unnecessarily replaced by a
man-made feature for aesthetic reasons. The intent of the Sensitive Areas Ordinance is
generally to preserve existing sensitive areas to the extent possible. With appropriate
treatment the pond could approximate a natural environment and become a positive
environmental feature and wildlife habitat within the subdivision. On the other hand, a rock-
lined pond with a manicured lawn surrounding it would provide little in terms of an
environmental benefit, and would be difficult to justify under the Sensitive Areas Ordinance.
Staff recommends that a decision regarding the pond be deferred at this time until more
details are submitted regarding the final pond design. When this portion of the subdivision is
proposed for final platting, more detail could be required to allow the Commission and City
Council to make a more informed decision regarding the proposed pond. At this point, there
is not enough detail to make this determination. A note on the plat indicates that the pond is
shown in concept only, and that City approval is contingent upon a review or more detailed
plans during final plat review.
Sidewalks: The plat notes that all streets will have sidewalks, as required. Notes are
provided about the developer installing the sidewalks on the outlot frontages of all outlots
where necessary. As an arterial street, Court Street will have an 8 foot sidewalk on the
south side. In addition, an eight foot wide sidewalk is being provided along the west side of
Arlington Drive from Court Street south to its intersection with the trail contained on Outlot
J. A trail once proposed for Outlot K has been removed from the plat because it was
thought to be unnecessary due to the eight foot sidewalk on the south side of Court Street.
The combination of the eight foot wide connection along Arlington and the eight foot wide
sidewalk along Court Street should provide adequate circulation for pedestrians and bicycles,
and will eliminate the need for a trail crossing along Arlington Drive.
Vehicular Access: The plat contains a note restricting vehicular access along Court Street to
only Outlot L and S. There is also a note on the plat prohibiting direct vehicular access from
Lots 155, 156 and 157 and Outlot O to Taft Avenue. The extension of Court Street should
provide adequate secondary access for the Windsor Ridge development. A 1994 conditional
zoning agreement requires the extension of Court Street to Taft Avenue prior to the
development of Outlots L, O, and S.
STAFF RECOMMENDATION:
Staff recommends that SUB97-0012, a request for preliminary plat approval of Windsor
Ridge, Parts Nine through Fourteen, be deferred pending resolution of the deficiencies and
discrepancies listed below. Upon resolution of these items, staff recommends approval,
subject to the approval of a Sensitive Areas Site Plan and a Grading Plan prior to Council
consideration of the preliminary plat.
DEFICIENCIES AND DISCREPANCIES:
1. Change references to Outlot P in notes to Outlot S.
2. Show landscaped buffer at rear of Lots 155-157.
3. Various minor corrections as noted by Public Works.
4. Show sidewalk easement between lots 155 arid 156.
ATTACHMENTS:
1. Location Map.
2. Preliminary plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
S12
OPDI- -12
8 __
~ PDH 8--
~ ~_----1 IIIl'lll ' -- J SITE
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1111111
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~ RS 5
CC
LOCATION ~IAP
SUB97-0012
WINDSOR RIDGE. PT.
Preliminary Plat
~ar~ ~ine- ~rteen
Iowa City, Iowa
..- ~ -- - ~.
._ ::.-7 :.'~"""
· .::'f '.{. '..~ ....
LOCATION MAP NOT TO SCALE
Prepared by: James Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 97-305
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON
STREET/GOVERNOR STREET SIGNALIZATION PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the
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 THAT:
The plans, specifications, form of contract and estimate of cost for the above-named project are hereby
approved.
The amount of bid security to accompany each bid for the construction of the above-named project
shall be in the amount of 10% (ten percent)of bid payable to Treasurer, City of Iowa City, Iowa.
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.
Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the
City Clerk, at the Civic Center, until 10:30 a.m. on the 30th day of September, 1997. Thereafter the
bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the
City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council
Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 7th day of October, 1997, or at such later
time and place as may then be fixed.
Passed and approved this 9th day of September
, 19 97
City Attorney's Office
pweng\res\burlgov.wp5
G/o?
Resolution No.
Page ?
97-305
It was moved by Lehman and seconded by
adopted, and upon roll calltherewere:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 97-306
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
IOWA CITY LANDFILL FY98 CELL CONSTRUCTION PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR B~DS, 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 above-named project was published as required by law, and the hearing thereon
held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The plans, specifications, form of contract, and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa.
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.
Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 30th day of September,
1997. Thereafter the bids will be opened by the City Engineer or designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on
the 27th day of October, 1997, or at such later time and place as may then be fixed.
· Passed and approved this 91;h day of September'
, 1997.
pweng/res/cell.do¢
//~proved
City Attorney's Office
Resolution No. 97-306
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
x
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of .iowa City
MEMORANDUM
DATE:
TO:
FROM:
re:
September 8, 1997
Rick Fosse, City Engineer
Daniel Scott, Civil Engineer ~3
Landfill Alternative Liner Benefits
As you know, the science of solid waste disposal is a continuously evolving one. New ideas and
concerns result in new federal and state regulations designed to protect the environment. The
liner and final cover systems of landfills are no exceptions. We have been following the liner
and final cover rules very closely, because changes in these two systems result in the most
significant cost changes in our landfill operation.
One important milestone in the solid waste industry in Iowa was the acceptance of the State's
landfill regulations by the EPA in 1997. This means that as a landfill operator of an approved
state, we now have the ability to work with the IDNR to provide a more site specific liner and
final cover system. Before we had no choice but to abide by stringent nation wide rules
requiring a synthetic liner to address all imaginable climatic, geological, soil, and waste
situations that simply did not apply to our landfill.
Since there is a large supply of a good clay soil available at our landfill site, it appeared possible
to realize significant savings by taking advantage of them. Based on this idea, our consultant,
Howard R. Green Company, was successfully able to demonstrate to the IDNR that the on site
clay soil could be used to construct a liner that would perform as well as a more expensive
synthetic liner. Our operational costs will also be lower using a clay soil liner and cover system.
The benefits of performance based liner and cover systems are below:
1. Cost Savings:
Liner System:
-FY98 Cell Construction Project
$0.35/SF of liner * 6 acres = $91,500
-Future Liner Cost Savings:
$0.35/SF of liner * 15 acres = $228,700
Total Liner Cost Savings
= $320,200
Cover System:
-Future Cover System Cost Savings:
$0.50/SF liner saved * 21 acres = $457,400
Total Cover System Cost Savings = $457,400
Total Extended Savings = $777,600
Operational Savings:
The costs savings here will result from lower maintenance costs in several areas. It is
difficult to estimate a price for these future repairs, so I will not include one at this time,
however, they could be significant. They are listed below:
-Future HDPE Liner Repairs
-Slope Stability Problems
-Settlement Problems
-Gas Collection Problems
CC'
Chuck Schmadeke, Public Works Director
Dave Elias, Landfill Superintendent
Jon Thomas, Landfill Supervisor
Operational
-Future Cover System Cost Savings:
$0.50/SF liner saved * 21 acres
Total Cover System Cost Savings
Total Extended Savings
The costs
difficult to
however,
S:
will result from lower maintenance costs in
a price for these future repairs, so I will not inc
be significant. They are listed below:
-Future Repairs
-Slope Stability
$457,400
$457,400
$777¢
areas. It is
one at this time,
-Gas Collection
CC:
Chuck
Dave Elias,
Jori
Works Director
Superintendent
Supervisor
Form 653.C Page 2
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of Johnson County, Iowa:
The Council of the City of Iowa City, in said County met on September 9, 1997, at the place and hour set
in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking
up the proposed amendment, it was considered and taxpayers were heard for and against the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them,
gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the
hearing, if any. Thereupon, the following resolution was introduced.
RESOLUTION NO. 97-307
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1998 (AS
AMENDED LAST ON , 19 _).
Be it Resolved by the Council of the City of Iowa City, Iowa:
Section1. Following notice published August 29, 1997 and the public hearing held on September 9, 1997,
the current budget (as previously amended) is amended as set out herein and in the detail by fund type and
activity that supports this resolution which was considered at that hearing:
Total Budget
as Certified Total Budget after
or Last Current Current
Amended Amendment Amendment
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property 1 20,424,857 0 20,424,857
Less: Uncollected Property Taxes-Levy Year 2
= Net Current Property Taxes 3 20,424,857 0 20,424,857
Delinquent Property Taxes 4
TIF Revenues 5 62,000 62,000
Other City Taxes 6 456,000 456,000
Licenses & Permits 7 543,200 543,200
Use of Money & Property 8 2,860,612 205,515 3,066,127
Intergovernmental 9 15,306,700 5,226,263 20,532,963
Charges for Services lO 29,302,802 21,378 29,324,180
Special Assessments 11
Miscellaneous 12 3,352,959 30,770 3,383,729
Other Financing Sources: 13 110,118,279 2,528,918 112,647,197
Total Revenues & Other Sources 14 182,427,409 8,012,844 190,440,253
EXPENDITURES & OTHER FINANCING USES
Community Protection 15 11,148,317 372,559 11,520,876
(police,f!re,street lighting, etc.)
Human Development 16 29,899,831 (14,927,260) 14,972,571
(health, library, recreation, etc.)
Home & Community Environment 17 76,462,842 22,305,560 98,768,402
(garbage, streets, utilities, etc.)
Policy & Administration 18 5,788,065 269,638 6,057,703
(mayor, council, clerk, legal, etc.}
Non-Program
Total Expenditures 19 123,299,055 8,020,497 131,31 9,552
Less:
Debt Service 20 11,472,254 0 11,472,254
Capital Projects 21 60,427,287 4,678,561 65,105,848
Net Operating Expenditures 22 51,399,514 3,341,936 54,741,450
Transfers Out 23 57,825,978 19,704,218 77,530,196
Total Expenditures/Transfers Out 24 181,125,033 27,724,715 208,849,748
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out 25 1,302,376 (19,711,871) (18,409,495)
Beginning Fund Balance July I 26 50,466,252 24,175,172 74,641,424
Ending Fund Balance June 30 27 51,768,628 4,463,301 56,231,929
Reason:
Increases in revenues and expenditures, includin~ revisions to capital improvement proiects as noted in the notice of
public hearing. -Approved By
City Attorney's Office
~--- City Clerk
Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 97-308
RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTIONS OF
ST. JOHN'S ALLEY AND ST. MATTHIAS STREET RIGHT-OF-WAY LOCATED
NORTH OF DODGE STREET AND IMMEDIATELY ADJACENT TO ROBERT'S
HOMETOWN DAIRY AND HY-VEE TO ROBERT'S HOMETOWN DAIRY AND
CONSOLIDATED PROPERTIES, INC.
WHEREAS, On July 15, 1997, the City Council considered and passed an ordinance vacating
portions of St. John's Alley and St. Matthias Street located north of Dodge Street; and
WHEREAS, Robert's Hometown Dairy and Consolidated Properties, Inc., (Hy-Vee), either own
property surrounding or adjacent to the vacated areas; and
WHEREAS, Appraisals have been performed on all of the vacated portions of right-of-way; and
portions;
WHEREAS, Consistent with the appraised values, Robert's Dairy has offered to acquire the
St. John's Alley right-of-way for $16,925 and a portion of the vacated St. Matthias right-of-
way for $12,943.; and
WHEREAS, Consolidated properties has offered to purchase a portion of the vacated St.
Matthias Street right-of-way for the appraised value of $3,407; and
WHEREAS, Along with these transactions, the City is purchasing from Robert's Dairy such
right-of-way along Dodge Street as necessary to accommodate future expansion of Dodge
Street; and
WHEREAS, the City does not need the vacated portions of the right-of-way to provide access
to property in the area.
WHEREAS, on August 26, 1997, the City Council adopted a Resolution declaring its intent
to convey its interest in the vacated right-of-way, authorizing public notice of the proposed
conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance is in the public interest.
NOW,, THEBEFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
I. The Mayor and the City Clerk are authorized to execute Quit Claim Deeds conveying
the City's interest in the vacated portions of St. John's Alley and St. Matthias Street
located north of Dodge Street and adjacent to Robert's Hometown Dairy and Hy-Vee
to Robert's Hometown Dairy and Consolidated Properties, inc., (Hy-Vee) for the sums
of $29,868.00 and $3,407, respectively.
000'116
,2. The City Attorney is authorized to deliver said Quit Claim Deeds to Robert's Hometown
Dairy and Consolidated Properties, Inc., {Hy-Vee). The deed and any other documenta-
tion required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the
Johnson County Recorder's Office at the expense of Robert's Hometown Dairy and
Consolidated Properties, inc., as appropriate.
Passed and approved this 9~th day of September , 1997.
CIT'~CLERK · -
000117
,ResOlution No. 97-308
Page. 3
It was moved by Lehman and seconded by Norton the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
× Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
000 8
Prepared by: S. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 319-356-5026
RESOLUTION NO. 97-309
RESOLUTION RESCINDING THE 1995 COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ,ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND
ESTABLISHING AN AMENDED COMMERCIAL DRIVER'S LICENSE SUBSTANCE
ABUSE PREVFNTION PROGRAM.
WHEREAS, federal law mandates alcohol and controlled substance testing programs for
commercial drivers be developed; and
WHEREAS, Resolution No. 95-209 adopted by the City Council on July 18, 1995 established
the existing Commercial Driver's License Substance Abuse Prevention Program for drugs and
alcohol; and
WHEREAS, the City Council deems it in the public interest to update the existing program to
reflect changes in thE; federal law and clarify current practices.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The existing Commercial Driver's License Substance Abuse Prevention Program for Drugs
and Alcohol established by Resolution No. 95-209 is hereby rescinded.
The Commercial Driver's License Substance Abuse Prevention Program for Drugs and
Alcohol attached to this resolution and by this reference made a part hereof are hereby
established and adopted.
Passed and approved this clt. h day of
It was moved by Vanderhoef
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
X
September ,1997.
MAYOR
and seconded by
City Attorney's Office
Kubby the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
humanrel\res%subabuse,doc
COMMERCIAL DRIVER~S ~.~CENSE
SUBSTANCE ABUSE
PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
9/97
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
TABLE OF CONTENTS
SECTIONS
1 Purpose and Construction ........................................ 1
2 Applicability ................................................ 1
3 Effect of Use, Refusal or Failure .................................. 1-2
4 Safety-Sensitive Function ........................................ 2
5 Prohibited Conduct ........................................... 2-3
6 Types of Drug Testing ......................................... 3-7
7 Drug Testing Procedures ....................................... 7-14
8 Alcohol Testing Procedures .................................... 14-21
9 Information and Training ..................................... 21-22
10 Employee Referral, Evaluation and Treatment ....................... 22-23
11 Recordkeeping ............................................ 23-27
12 Access to Facilities and Records ................................ 27-28
APPENDICES
A Employer's Substance Abuse Policy
B Employee Positions Subject to Drug Testing Under 49 CFR Part 382 (FHWA)
C Employee Positions Subject to Drug Testing Under 49 CFR Parts 653 and 654 (FTA)
D~ Personnel Subject to Training Under 49 CFR Part 382 (FHWA)
E Personnel Subject to Training Under 49 CFR Parts 653 and 654 (FTA)
F Breath Alcohol Testing Form
G Effects of Alcohol and Drug Use
9/97
SECTION 1. PURPOSE AND CONSTRUCTION
This document describes the City of Iowa City's Substance Abuse Prevention Program for certain
personnel required to hold a Commercial Drivers License. The purpose of the program is to establish
procedures for the administration of the Department of Transportation (DOT) substance abuse
prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal
Regulations, Title 49 (49 CFR), Part 382. Part 382 requires employers to implement substance abuse
prevention programs if they employ personnel who operate commercial motor vehicles and who are
required to have commercial drivers' licenses. This program will be administered in a manner which
respects the integrity and privacy of employees to the greatest extent possible.
SECTION 2. APPLICABILITY
The City has employees who drive commercial motor vehicles and who are required to have a
commercial drivers' license. Employees who use a commercial motor vehicle and who are required
to have a Commercial Driver's License are subject to this program effective January 1, 1995. A list
of positions subject to drug and alcohol testing is attached as Appendix B.
Employees and prospective employees shall be tested in accordance with requirements of the
Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CFR), Part 382
and Part 40.
For the purposes of this program, commercial motor vehicles include:
A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed
unit with a gross weight of 10,000 pounds; or
b. A motor vehicle designed to transport 16 or more passengers, including the driver; or
Co
A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR
Part 1 72, subpart F).
The following categories of employees are exempt from the CDL drug and alcohol testing program.
Mass transit employees subject to Federal Transit Authority drug and alcohol testing under
40 CFR Parts 653 and 654. These employees become subject to this policy on January 1,
1996 subject to the regulatory requirements of 49 CFR, Parts 653 and 654. A list of posi-
tions subject to drug and alcohol testing under FTA Authority is attached as Appendix C.
b. Drivers waived from having a CDL (e.g., fire fighters).
In the event of a conflict between this pro~ram and the provisions of 49 CFR, Part 382 or Parts 653
and 654, the provisions of the federal regulations will prevail.
SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE
Any job applicant applying for a position with the City who refuses or fails a pre-employment drug
test will not be hired. No employee covered by this policy who has engaged in prohibited drug use
will perform safety-sensitive functions. The City will immediately remove from performing safety-sen-
sitive functions covered by the DOT safety standards in 49 CFR Part 382 or Parts 653 and 654, any
employee covered by this program who refuses or fails an alcohol or drug test.
9/97
Any employee covered by this program who refuses or fails an alcohol or drug test may receive
disciplinary action, up to and including termination, in accordance with the substance abuse policy
of the City (see Appendix A). Furthermore, the City or employee who violates these requirements
may be subject to the penalties found at 49 U.S.C. 521(b), including:
a. Employer
1. Civil penalties ranging from $500 to $10,000; and
2. Criminal penalties for knowing and willful violations with a maximum fine of
$25,000 or imprisonment for up to one year, or both.
b. Drivers with Commercial Drivers' Licenses
1. Civil penalties for knowing and willful violations ranging from $500 to $2,500; and
2. Criminal penalties with a maximum fine of $5,000 or imprisonment for up to 90
days, or both.
SECTION 4. SAFETY-SENSITIVE FUNCTIONS
Safety-sensitive functions under Federal Highway Administration (FHWA) Guidelines include:
a. Waiting to be dispatched, unless the City has relieved the employee from duty;
b. Inspecting, servicing, or conditioning any commercial motor vehicle at any time;
c. Driving time;
d. Time in or on any commercial motor vehicle;
e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle,
or remaining in readiness to operate the commercial motor vehicle;
f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial
motor vehicle;
Under Federal Transit Authority (FTA) Guidelines, safety-sensitive function means any of the follow-
ing duties:
a. Operating a revenue service vehicle, including when not in revenue service;
b. Operating a non-revenue service vehicle, when required to be operated by a holder of a
Commercial Driver's License;
c. Controlling dispatch or movement of a revenue service vehicle;
d. Maintaining a revenue service vehicle or equipment used in revenue service.
2 9/97
SECTION 5. PROHIBITED CONDUCT
5.1 Prohibited Employee Conduct. Employees will not engage in the following conduct:
Alcohol Concentration. Report for duty or remain on duty requiring the performance
of safety-sensitive functions while having an alcohol concentration of .04 mg/liter or
greater.
Alcohol Possession. Be on duty or operate a commercial motor vehicle while pos-
sessing alcohol.
c. On-duty Use. Use alcohol while performing safety-sensitive functions.
d. Pre-duty Use. Perform safety-sensitive functions within 4 hours after using alcohol.
eo
Post-accident Use. Use alcohol for 8 hours following an accident or until undergoing
a post-accident test.
Refuse to Test. Refuse to submit to an alcohol or drug test, except a pre-employment
test. Refusal to test is classified as a positive test and subject to consequences of a
positive test.
Use dru~s. Report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver has used illegal drugs.
ho
Test Positive for Drugs. Report for duty, remain on duty, or perform a safety-function
if tested positive for illegal drugs.
Employees who engage in any of the preceding will be removed from safety-sensitive functions and
referred to a substance abuse professional.
5.2
Prohibited Employer Conduct. The City, if having actual knowledge that an employee is
engaging in any of the conduct listed above, will not allow the employee to drive or perform
any other safety-sensitive function.
5.3
Other Alcohol Conduct. Other regulated conduct related to an employee's use of alcohol
includes the following:
An employee whose test results indicate an alcohol concentration of .02 or greater,
but less than .04, will not be allowed to perform safety-sensitive functions until the
start of the employee's next regularly scheduled duty period, but not less than 24
hours following the alcohol test if under FHWA regulations or not less than 8 hours
if under FTA regulations.
The City will not discipline an employee based solely on alcohol test results of less
than .04. This does not bar the City from imposing other discipline as appropriate
and lawful.
3 9/97
SECTION 6. TYPES OF TESTING
Covered employees are subject to six. types of drug and alcohol testing under the substance abuse
prevention program.
6.1 Pre-employment Testing. A pre-employment drug test will be conducted as follows:
ao
A pre-employment drug test will be conducted when an individual is hired for a
position covered in this program. This requirement applies to both new employees
and current employees who transfer to a safety-sensitive position within the City.
b. Drug Specific Requirements:
The City will not hire any individual unless the applicant has taken a drug
test with a verified negative test result.
o
The City will notify the applicant of the results of a drug test if the applicant
requests the results within 60 calendar days of being notified of the City's
decision regarding the applicant's employment application.
o
If the Medical Review Officer (MRO) cannot contact the applicant/employee
to advise them of a positive test result, the Personnel Administrator will
make reasonable efforts to contact and request each applicant/employee
who submitted a specimen under the City's drug testing program to contact
and discuss the results of the drug testing program with the MRO. The
Personnel Administrator will also immediately notify the MRO that they
have notified the applicant/employee to contact the MRO within 24 hours.
6.2
Post-accident Testing. Under FHWA and FTA regulations, when an accident involving a
commercial motor vehicle occurs, the City will require a drug and alcohol test on the
operator who was performing safety sensitive functions with respect to the vehicle if the
accident involved the loss of human life.
t'Accident" under the Federal Highway Administration is further defined as an incident where
the driver receives a citation under State or local law for a moving traffic violation arising
from the accident if the accident involved (1) bodily injury to any person who, as a result
of the injury, immediately receives medical treatment away from the scene of the accident
or (2) one or more motor vehicles incurred disabling damage as the result of the accident,
requiring the motor vehicle to be transported away from the scene by a tow truck or other
motor vehicles.
The Federal Transit Authority further defines an accident as an occurrence in which (1) an
individual suffers a bodily injury and immediately receives medical treatment away from the
scene of the accident, or (2) with respect to an occurrence in which the mass transit vehicle
involved is a bus, electric bus, van or automobile, one or more vehicles incurs disabling
damage as the result of the occurrence and is transported away from the scene by a tow
truck or other vehicle, and states that the employer shall test each covered employee
operating the mass transit vehicle at the time of the accident unless the City determines,
using the best information available at the time of the decision, that the covered employee's
performance can be completely discounted as a contributing factor to the accident. The
employer shall also test any other covered employee whose performance could have
contributed to the accident, as determined by the employer using the best information
available at the time of the decision.
4 9/97
6.3
The employee(s) will be tested as follows:
a. Drug Specific Requirements
The employee will be tested as soon as practicable, but no later than 32
hours after the accident. Because certain drugs or drug metabolites do not
remain in the body for extended periods of time, testing should be conduct-
ed as soon as possible. If the drug test is not administe'red within 32 hours
after the accident, th, e City will cease attempts to administer the drug test
and will prepare and maintain records stating why the City did not admin-
ister the tests promptly.
All reasonable steps will be taken to obtain a urine sample from the employ-
ee after an accident. In case of a conscious but hospitalized employee, the
City will request a hospital or medical facility to obtain a urine sample and
if necessary, reference will be made to the DOT drug testing requirements.
If an employee is unconscious or otherwise unable to evidence consent to
the procedure, the medical facility shall collect the sample.
o
· If an employee who is subject to post-accident testing is conscious, able to
urinate normally (in the opinion of a medical professional) and refuses to be
tested, that employee will be removed from duty as an employee covered
by this policy.
b. Alcohol Specific Requirements
If the alcohol test is not administered within 2 hours post-accident the City will
prepare and maintain on file a record stating the reasons. If the alcohol test is not
administered within 8 hours post-accident the City will stop attempts to administer
the test and will prepare and maintain a record stating the reason.
An employee who is subject to post-accident drug and alcohol testing will remain
readily available for such testing or may be deemed to have refused to submit to
testing. However, the employee is allowed to get necessary emergency medical
attention for injured people, or, if necessary, to leave the scene of an accJdent for the
period necessary to obtain assistance in responding to the accident.
The City will provide employees with necessary information, procedures and instruc-
tions so that employees will be able to comply.
eo
The City may use drug and alcohol (breath or blood) test results taken by Federal,
State, or local officials if such test results conform to applicable requirements and the
City obtains the results.
Random Testing. All employees subject to this program are subject to unannounced drug and
alcohol testing based on random selection. Random testing will be conducted as follows:
ao
The City will ensure that random drug and alcohol tests are unannounced and spread
reasonably throughout the calendar year.
bo
The City will maintain two selection pools based on the governing regulations - one
pool for FHWA employees and one pool for FTA employees.
5 9/97
1. Drug Specific Requirement
6.4
For drug testing, the number of employees to be tested will be equivalent
to at least fifty percent (50%) of the selection pool every twelve (12) months.
Alcohol Specific Requirement
For alcohol testing, the number of employees to be tested will be equivalent
to at least twenty-five percent (25%) of the selection pool of employees
every twelve (12) months. The percentage of employees to be tested for
alcohol misuse can be adjusted by the FHWA or FTA Administrator to an
amount between 10% and 50% of all drivers based on violation rates for the
industry.
All employees will be subject to random testing on each random testing date and will
have an equal chance of being tested each time selections are made. The random
selection procedure will employ a computer-based random number generator that is
matched with the social security number of each employee in the pool. As a result
of the random selection process, an employee may be tested more than once or not
at all during the calendar year.
The City will select a sufficient number of alternate employees for testing in each test
period to ensure that testing is conducted at the required rate. Alternate employees
will be tested in order of selection only if persons selected are unavailable for testing
due to extended vacations, extended medical leave or other legitimate reasons.
d0
An employee selected for random drug or alcohol testing will proceed to the test site
immediately. However, if the employee is performing a safety-sensitive function, the
employee will stop performing the safety-sensitive function and will proceed to the
test site as soon as possible.
e. Alcohol Specific Requirement
The City will administer a random alcohol test to an employee only just before,
while, or just after the employee performs a safety-sensitive function.
Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an
employee covered by this program is using a prohibited drug, or is using alcohol in a
prohibited manner, the City will require the employee to take a drug and/or alcohol test
(whichever is appropriate) as follows:
ao
A decision to test must be based on specific contemporaneous, describable observa-
tions concerning the appearance, behavior, speech or body/breath odors of the
employee.
The required observations for reasonable suspicion drug or alcohol testing must be
made by a trained supervisor or a trained City official.
The City will make a written record within 24 hours of the observations leading to
a reasonable suspicion test or before the results of the test are released, whichever
is earlier. The supervisor. or City official who made the observations must sign this
record.
6 9/97
6.5
6.6
d. Alcohol Specific Requirements
The person who makes the determination that reasonable suspicion exists
to conduct an alcohol test may not conduct the alcohol test.
The observations must be made just before, while, or just after the employee
performs safety-sensitive functions.
If the test is not administered within 2 hours following the supervisor's
observation and determination that a masonable suspicion of alcohol viola-
tions exists, the City will prepare and maintain on file a record stating the
reasons. If the alcohol test is not administered within 8 hours the City will
stop attempts to administer the test and will prepare and maintain a record
stating the reason.
o
The City will not permit an employee to perform or continue to perform
safety-sensitive functions if the City has a reasonable suspicion the employee
is using alcohol in a prohibited manner until:
(a)
(b)
An alcohol test shows the employee's alcohol concentration as less
than .02; or
24 hours have elapsed following the determination of reasonable
suspicion.
o
Other than requiring an employee to take an alcohol test, the Commercial
Driver's License regulation (49 CFR Part 382) does not authorize the City to
take any action against the employee based solely on the driver's behavior
and appearance with respect to alcohol use until the employee takes, or
refuses to take, an alcohol test. This does not bar the City from imposing
other discipline as appropriate and lawful.
Return to Duty Testing. Any employee who has engaged in prohibited drug or alcohol use
must undergo a drug or alcohol test before returning to duty requiring the performance of
safety-sensitive functions. The drug test must indicate a verified negative result for drug use.
The alcohol test must indicate an alcohol concentration of less than .02 immediately prior
to performing safety-sensitive functions.
Follow-up Testing. An employee returned to duty in accordance with subsection 6.5 is
subject to follow-up testing:
ao
Following a determination by a substance abuse professional that an employee needs
assistance in resolving drug or alcohol abuse problems, the City will administer
unannounced follow-up drug or alcohol testing as directed by a substance abuse
professional. At least 6 tests are required in the first 12 months following the em-
ployee's return to duty. The substance abuse professional may require the employee
to undergo additional controlled substances and alcohol testing for up to 60 months.
The City will conduct follow-up alcohol testing only just before, while, or just after
the employee performs safety-sensitive functions.
7 9/97
SECTION 7. DRUG TESTING PROCEDURES
7.1
General Guidelines. The drug testing portion of these procedures will be administered by
Mercy Occupational Health (Mercy). Mercy will act as an authorized agent for the City.
The following testing procedures will be followed in conducting tests under this program:
When an employee/applicant arrives at Mercy, a staff person shall ensure that the
employee/applicant is positively identified by use of a picture I.D. (driver's license,
City I.D.) or identification by the employer's representative.
Drug testing will be performed utilizing urine samples. A split sample method of
collection will be used.
Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per-
formed.
de
An applicant who is offered a position covered by this policy will be required to
report to Mercy for a scheduled test and provide a specimen of his/her urine.
Upon notification that a drug test is required, an employee will report immediately
to Mercy, and provide a specimen of his/her urine. The time allowed for employees
to report for drug testing after receiving notice will be travel time.
In the event of post-accident drug testing, employees will report to Mercy as soon as
possible, but no later than 32 hours after an accident has occurred.
g. Split Specimen Samples
A sample of at least 45 ml of urine will be collected. Thirty ml will be collected for
the primary sample and 15 ml for the split sample. The collection site personnel will
divide the specimen into two specimen bottles in the presence of the donor. Both
bottles will be shipped in a single shipping container, together with copies 1, 2, and
the split specimen copy of the chain of custody form, to the laboratory.
If the test result of the primary specimen is positive, the MRO will, if requested by
the employee within 72 hours after being notified of the test result, direct a DHHS-
certified laboratory to test the split specimen. The result of the second test will be
provided to the MRO. If the result of the second test fails to confirm the drugs found
in the primary sample, the test will be cancelled. A cancelled test is neither a positive
nor a negative test.
h. Privacy
The Mercy staff person shall ask the employee to remove any outer garments that
might conceal items that could be used to adulterate the employee's urine specimen.
Unless there is a reason to believe that a particular employee may alter or substitute
the specimen, procedures for collecting urine specimens will allow individual
privacy.
8 9/97
Whenever possible a higher-level supervisor of the collection site person, or a
designated employer representative will review and agree in advance of any decision
to.obtain a specimen under the direct observation of a same gender collection site
person.
The following circumstances are grounds to believe the individual may tamper with
a specimen and justify the use of monitoring procedures or direct observation of the
donation of the urine specimen:
The specimen falls outside the normal temperature range and the employee
either declines to allow a measurement of oral body temperature or oral
body temperature varies by more than 1.8 degrees Fahrenheit from the
speci men temperature.
o
The last urine specimen provided by the employee was determined by the
lab to have a specific gravity of less than 1.00 and a creatinine concentra-
tion below .2g/L.
The collection site person observes conduct clearly and unequivocally indi-
cating an attempt to substitute or adulterate the sample.
In the case of follow up testing, the employee has previously been deter-
mined to have used a controlled substance without medical authorization.
If there is reason to believe that the employee has altered or substituted the
specimen, a second specimen will be obtained as soon as possible under
the direct observation of a same gender Mercy staff person.
Any employee who adulterates a sample will be subject to disciplinary action.
The employee will be asked to read and sign a statement on the custody and control
form. If specified by DOT agency or required by Mercy or the laboratory, the
employee may be required to sign a consent or release form authorizing the collec-
tion and analysis of the specimen and release of ~;he results.
The employee may not be required to waive liability with respect to negligence on
the part of any person participating in the collection, handling or analysis of the
specimen or to indemnify any person for the negligence of others.
If the employee refuses to cooperate with the collection process, the collection site
person will inform the Personnel Administrator and will document the non-coopera-
tion on the drug testing custody and control form.
Samples that yield positive results and are confirmed positive by a second test must
be retained by the laboratory in properly secured, long-term, frozen storage for at
least one year. Within this one-year period, the employee or the employee's repre-
sentative, the employer, or the authorized federal or state agencies may request that
the laboratory retain the sample for an additional period. If, within the one-year
period, the laboratory has not received a proper written request to retain the sample
for a further reasonable period specified in the request, the sample may be discarded.
9 9/97
7.2
7.3
Since some analytes may deteriorate during storage, detected levels of the drug
below the detection limits established in the DOT Procedures, but equal to or greater
than the established sensitivity of the assay, must, as technically appropriate, be
reported and considered corroborative of the original positive results.
mo
The collection agency shall adhere to all requirements outlined in 49 CFR Part 40,
Procedures for Transportation Workplace Drug Testing Program. In the event of a
conflict between this program and the federal regulations, the federal regulations
shall prevail.
Collection Agencies (For Urine Specimens). In order to provide maximum convenience to
employees, the program will utilize the services of Mercy Occupational Health (Mercy), 540
E. Jefferson, Suite 205, Iowa City, Iowa.
Mercy will comply with all methods and procedures of 49 CFR Part 40 and will provide
required reports.
The City and Mercy will develop and maintain a procedure for collection, shipment, and
access to urine specimens which will include at a minimum:
ao
Use of a standard drug testing custody and control form which identifies data on the
donor and on the specimen collection and transfer process.
Use of a clean collection container that is securely wrapped until filled with the
specimen. The container will only be unwrapped immediately before being given to
the employee and in the presence of the employee to be tested.
c. Use of a tamper proof sealing for the split specimen bottles.
d. Use of a shipping container that will prevent undetected tampering.
Written procedures and instructions including: emphasis that the collection site
person is responsible for maintaining the integrity of the specimen collection and
transfer; carefully ensuring the privacy of the donor; avoiding any conduct or remark
by the collection site person that might be understood as accusations or which are
offensive or inappropriate. If a collection must be monitored by non-medical person-
nel, or is directly observed, the collection site person will be of the same gender as
the employee giving the sample.
Medical Review Officer (MRO). The MRO for this policy is:
Mr. Dale Minner
Mercy Occupational Health
540 E. Jefferson, Suite 205
Iowa City, [A 52240
10 9/97
A list of the MRO's duties can be found at 49 CFR sections 382.407, 382.408, 653.7 and
Part 40 of the federal regulations. Those duties include:
a. Notifications to the Employer
The MRO may report to the employer in any manner, but must forward a signed
written notification within three business days of completion of the medical officer's
review. The report shall include:
1. Indication that the drug test met the requirements of Part 40 drug testing
procedures;
2. The name of the person tested;
3. The type of test;
4. The date and location of the specimen collection;
5. The identity of the MRO and the person performing collection and analysis;
6. The verified results of the drug test and, if positive, the identity of the drugs
testing positive; and
7. The fact that the MRO made reasonable efforts to contact the person tested.
b. Recordkeeping
The MRO will keep the following records:
1. Positive drug test results for five years.
2. Negative and canceled drug test results for one year.
c. Confidential ity
The MRO cannot release individual drug test results other than to the employer
without first obtaining a specific, written authorization from the person tested.
d. Medical Review Duties
The MRO is responsible for the following:
1. Review the results of drug testing before they are reported to the City.
2. Review the chain of custody to ensure that it is complete and sufficient on
its face.
3. Review and interpret each confirmed positive test result as follows to deter-
mine if there is an alternative medical explanation for the confirmed positive
result:
(a) Conduct a medical interview with the person tested.
11 9/97
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10.
(c)
(d)
Review the person's medical history, or any other relevant biomedical
factors.
Review all medical records made available by the person tested to
determine if a confirmed positive test resulted from legally prescribed
medication.
Verify that the laboratory report and assessment are correct.
If the MRO concludes there is a legitimate medical explanation, other than
prohibited drug use, for a confirmed positive result the MRO will declare
the test to be negative.
Contact the tested person directly, on a confidential basis, to determine
whether the person wishes to discuss the test result. If, after making all
reasonable efforts and documenting them, the MRO is unable to reach the
person directly, the MRO will contact the Personnel Administrator who will
direct the person to contact the MRO as soon as possible.
The MRO will not disclose to any third party any medical information
provided by the person tested, except the MRO may disclose such informa-
tion to the City, a DOT agency or a physician responsible for determining
the medical qualification of the person under an applicable DOT agency
regulation only if:
(a)
(b)
(c)
An applicable DOT regulation permits or requires such disclosure; or
In the MRO's reasonable judgment, the information could result in
the person being determined to be medically unqualified under an
applicable DOT agency rule; or
In the MRO's reasonable judgment, the information indicates that
continued performance by the person of a safety~sensitive function
could pose a significant safety risk.
Before obtaining medical information from the person tested as part of the
verification process, the MRO will inform the person that information may
be disclosed to third parties and the identity of any parties to whom the
information may be disclosed.
The MRO may verify a test as positive without direct communication with
the person tested if the person expressly declines the opportunity to discuss
the test or if the Personnel Administrator has made and documented a
contact with the person and more than five days have passed without the
MRO receiving any communication from the person or if neither the MRO
or the Personnel Administrator has been able to contact the employee
within 14 days. If such a verification occurs, the person may present the
MRO information documenting unavoidable circumstances which prevented
the person from timely contacting the MRO. Based on this information, the
MRO may reopen the verification.
Following the verification of a positive test result, the MRO will, as provided
in the City's policy, refer the case to the City's Personnel Administrator.
Before the MRO verifies a confirmed positive result for opiates, the MRO
will determine if there is clinical evidence, in addition to the urine test, of
unauthorized use of any opium, opiate, or opium derivative.
12 9/97
7.4
11.
The MRO will notify each person tested who has a confirmed positive test
that the person has 72 hours in which to request an analysis of the second
sample at the person's expense. However, if the second sample tests nega-
tive, the City will bear the cost of the analysis. If the person makes such a
request, the MRO will order, in writing, an analysis of the second sample.
12.
If the MRO questions the accuracy of any test result, the MRO may require
that the original specimen be reanalyzed.
Testing Laboratory. The testing laboratory for this program is:
LabOne
8915 Lenexa Drive
Overland Park, KS 66214
The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and
will provide annual reports to the City showing compliance. In the event that the designated
laboratory is unable to satisfactorily perform services required under this program, the City
will designate an alternative laboratory.
ao
The City or its agent will have an agreement with the laboratory which will require
the laboratory to:
Maintain employee test records in confidence; and
Disclose information related to a positive drug test to the person tested, the
City, or the decision maker in a lawsuit or other proceeding initiated by or
on behalf of the person and arising from a certified positive drug test.
bo
Drug testing laboratories must be secure at all times and must restrict access to
specifically authorized individuals whose authorization is documented. Documenta-
tion of individuals accessing drug testing areas, dates, and time and purpose of entry
will be maintained.
c. Reporting Results
The laboratory will report test results to the MRO. Before any test result is
reported, it will be reviewed and the test will be certified as an accurate
report by the individual conducting the test.
o
Only confirmed positive specimens will be reported positive for a specific
drug.
The laboratory may transmit results to the MRO by various electronic means
so long as they are designed to ensure confidentiality by limiting access to
the transmission. Results may not be provided orally by telephone.
13 9/97
The laboratory will provide a quarterly statistical summary of urinalysis'
testing for the City. This analysis will not include any identifying informa-
tion so that it is not likely that information about an individual's tests can be
inferred.
d. Quality Assurance and Quality Control
All drug testing laboratories must have quality assurance and control proce-
dures to monitor each step of the drug testing process. As part of the quality
control process the City will submit blind samples. The City will submit
three blind performance test specimens for each 100 employee specimens
it submits for testing, up to a maximum of 100 blind performance test spe~
cimens per quarter.
The City will maintain documentation showing the number of blind sam-
ples sent to the laboratory and the total number of samples submitted to the
laboratory.
e. Individual Access to Test and Laboratory Certification Results
Any employee who has undergone a drug test will, upon making a written request,
have access to any records relating to the employee's drug test and any records
relating to the results of any relevant certification, review, or revocation of certifica-
tion proceedings.
SECTION 8. ALCOHOL TESTING PROCEDURES
8.1
General Requirements. The alcohol testing portion of these procedures will be administered
by Mercy Occupational Health (Mercy). Mercy will act as an authorized agent for the City
and will provide testing services and certified Breath Alcohol Technicians (BAT). The general
requirements for alcohol testing under this program are as follows:
a. Alcohol testing will be performed using breath samples.
Upon notification that an alcohol test is required, an employee will report for alcohol
testing and provide a breath specimen. The time allowed for employees to report for
alcohol testing after receiving notice will be travel time.
8.2
Co
The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR
Part 40, Procedures for Transl~ortation Workplace Drug and Alcohol Testing Program.
Testing Sites (for alcohol breath tests). In order'to provide maximum convenience to
employees, the program will utilize the services of Mercy Occupational Health (Mercy), 540
E. Jefferson, Suite 205, Iowa City, IA. The following shall apply to alcohol testing sites used
in this program:
ao
The testing location must provide the employee being tested with privacy sufficient
to prevent unauthorized people from seeing or hearing test results.
b0
Access to the testing location will be limited to authorized people when the EBT is
not in a secure place or when testing is being conducted.
14 9/97
8.3
8.4
Co
The only time a test will be conducted outside of the selected testing site will be
when it is essential to perform the test at the scene of an accident. The City will
provide the employee with the greatest privacy possible under such circumstances
in an effort to prevent unauthorized people from seeing or hearing test results.
Screening Tests. Alcohol screening tests will be conducted in accordance with the following
procedures:
Only evidential breath testing devices (EBTs) will be used. A log book will be main-
tained for each EBT which does not meet the requirements of an EBT used for confir-
mation test.
bo
The Breath Alcohol Technician (BAT) and the employee will complete sections one
and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If
the employee refuses to sign this certification, the employee will be considered to
have refused to take the alcohol test.
Co
An individually-sealed mouthpiece will be opened in front of the employee and the
BAT and will be attached to the EBT.
do
The BAT will tell the employee to blow forcefully into the mouth piece for at least
6 seconds or until the EBT indicates that an adequate amount of breath has been
obtained.
If the result of the test is an alcohol concentration of less than .02, the BAT will date
and sign the certification in Step 3 of the Breath Alcohol Testing Form. The employee
will sign the certification and fill in the date in Step 4 of the form.
f0
If the employee does not sign Step 4 of the form, the BAT will note such failure in
the "Remarks" section of the form. The employee's failure to siRn Step 4 of the form
does not constitute a refusal to be tested.
g°
If a test result printed by the EBT does not match the result displayed on the EBT, the
BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing
Form. Both the employee and the BAT will initial the notation. In such a case, the
test is invalid and the BAT will inform the City and the employee that the test is
invalid. An invalid test is neither a positive nor a negative test.
If the test result is an alcohol concentration of less than .02, no further testing is
authorized for that particular test session. The Breath Alcohol Technician will transmit
the results to the City in a confidential manner and the City will store the test results..
Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or
greater, another alcohol test will be completed to confirm the results. All EBTs used for
confirmation tests must be capable of providing a printed result in triplicate and assigning
a unique sequential number to each test. The confirmation test will be administered as
follows:
a. Waiting Period
The BAT will wait at least 15 minutes, but no longer than 20 minutes, (FTA
30 minutes) after the completion of the initial test before administering the
confirmation test.
15 9/97
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The BAT will instruct the employee not to eat, drink, put any object or
substance in his or her mouth, and not to belch during the waiting period
before the confirmation test.
0
The BAT will explain to the employee that the reason for the waiting period
and the restrictions on the employee's activities during that time is for the
employee's benefit to prevent any accumulation of mouth alcohol leading
to an artificially high reading.
The BAT will also explain to the employee that the test will be conducted
at the end of the waiting period, even if the employee has disregarded the
instruction regarding the limitation of activities during the waiting period.
If the BAT becomes aware that the employee has not complied with the
waiting period instruction, the BAT will so note in the "Remarks" section of
the Breath Alcohol Testing Form.
If a BAT other than the one who conducted the initial test is conducting the confir-
mation test, the new BAT will use a new Breath Alcohol Testing Form and will
require the employee to complete the appropriate sections both before and after
testi ng.
A new mouthpiece will be used for the confirmation test and the same procedures
will be used for administering the test as were used in administering the initial test.
The BAT will ensure that the EBT registers 0.00 on an air blank before administering
the confirmation test. If the reading is greater than 0.00, testing will not proceed
using that instrument. However, testing may proceed on another instrument.
If the initial and confirmation test results are not the same, the confirmation test result
is considered to be the final result upon which any action in regard to the employee
will be based.
16 9/97
8.5
Problems With Testing. The following is a list of procedures to be followed in the event of
testing problems:
a. Refusals to test and uncompleted tests
Refusal by an employee to complete and sign the Breath Alcohol Testing
Form Step 2, to provide an adequate amount of breath, or otherwise to
cooperate with the testing process in a way that prevents the completion of
the test, will be noted by the BAT in the "Remarks" section of the Breath
Alcohol Testing Form. The BAT will end the testing process and will imme-
diately notify the City.
If a screening or confirmation test cannot be completed, or if an event
occurs that would invalidate the test, the BAT will, if practicable, begin a
new test using a new Breath Alcohol Testing Form.
b. Inability of Employee to provide an adequate amount of breath
If an employee claims an inability, because of a medical condition, to provide an
amount of breath sufficient to complete a breath test, the following procedures will
be followed:
1. Breath Alcohol Technician
(a)
The BAT will tell the employee to try to provide an adequate amount
of breath. If the employee refuses to make the attempt, the BAT will
immediately inform the City.
(b)
If the employee attempts and fails to provide an adequate amount of
breath, the BAT will so note in the "Remarks" section of the Breath
Alcohol Testing Form and immediately inform the City.
2. Employer
(a)
The City will tell the employee to obtain, as soon as practical after
the attempted provision of breath, an evaluation from a licensed
physician concerning the employee's medical ability to provide an
adequate amount of breath.
(b)
If the physician determines as a reasonable medical judgment that a
medical condition has prevented the employee from providing an
adequate amount of breath, the employee's failure to provide an
adequate amount of breath will not be considered a refusal to take
the test.
(c)
If the physician is unable to determine that a medical condition has
prevented the employee from providing an adequate amount of
breath, the employee's failure to provide an adequate amount of
breath will be considered a refusal to take the test.
(d)
The physician will provide the employer a written statement of the
basis for the physician's conclusion.
17 9/9 7
8.6
c. Invalid Tests
A breath alcohol test will be invalid under the following circumstances:
The next external calibration check of an EBT shows that the machine is
inaccurate. In this event, every test result of .02 or greater obtained on the
device since the last valid external calibration check will be invalidated.
The BAT does not observe the minimum 15-minute wait period prior to
performing a confirmation test.
o
The BAT does not perform an air blank of the EBT before a confirmation
test, or an air blank does not result in a reading of 0.00 prior to or after the
administration of the test.
0
The BAT does not sign the Breath Alcohol Testing Form as required.
The employee fails to sign the Breath Alcohol Testing Form or refuses to
sign the form following the recording on or attachment to the form of the
test results and the BAT does not note the refusal or failure on the "Re-
marks" section of the form.
o
The EBT fails to print a confirmation test result.
There is a difference between the sequential test number or alcohol test
result displayed on the EBT and the sequential test number or alcohol test
result on the printed result.
I~reath Alcohol Technician (BAT). The following shall apply to BATs under this program:
a. Training
The BAT must be trained to proficiency in the operation of the EBT used
and in the alcohol testing procedures of 49 CFR Part 40.
Proficiency is demonstrated by successful completion of a course which
provides training in EBT methodology, operation, and calibration checks; the
fundamentals of breath analysis for alcohol content; and the procedures re-
quired for obtaining a breath sample, and interpreting and recording EBT
results.
Courses must be equivalent to a DOT model course as determined by the
National Highway Traffic Safety Administration (NHTSA). NHTSA will
review a BAT instruction course for equivalency.
The course must provide documentation that the BAT has demonstrated
competence in the operation of the specific EBT(s) to be used.
Any BAT who will perform an external calibration check of an EBT will be
trained to proficiency in conducting the check on the particular model of
EBT, to include practical experience and demonstrated competence in
preparing the breath alcohol simulator or alcohol standard, and in mainte-
nance and calibration of the EBT.
18 9/97
Go
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fo
ho
The BAT must receive additional training as needed to ensure proficiency
concerning new or additional devices or changes in technology that the BAT
will use.
Parties Who May Act as a BAT
Generally the direct supervisor of an employee may not act as BAT for that
employee's alcohol test. However, a BAT-qualified supervisor of an em-
ployee may conduct the alcohol test for that employee if, and only if,
another BAT is unavailable to perform the test in a timely manner.
Law enforcement officers certified by state or local governments to conduct
breath alcohol tests are deemed to be qualified as BATs. Such officers must
be certified to use the EBT that is used for the test to qualify under DOT
alcohol testing requirements.
The BAT will not leave the alcohol testing location while the testing procedure is in
progress.
The BAT will require the employee to provide positive identification when the
employee enters the alcohol testing location. Positive identification will be through
the use of a photo I.D. card or identification by a City representative.
The BAT will provide the employee with positive identification if the employee
makes such a request.
The BAT will explain the testing procedure to the employee before starting the testing
process.
If the EBT provides a printed result, but does not print the results directly onto the
Breath Alcohol Testing Form, the BAT will show the employee the result.displayed
on the EBT. The BAT will then affix the test result printout to the Breath Alcohol Test
Form using a method that will provide clear evidence if tampering occurs.
If the EBT prints the test results directly onto the Breath Alcohol Testing Form, the
BAT will show the employee the result displayed on the EBT.
Reporting of test results to the City.
The BAT will transmit all test results to the Personnel Administrator in a
confidential manner.
If the results require the City to prevent the employee from performing a
safety-sensitive function the BAT will ensure the results are transmitted
immediately.
Such transmission may be in writing, in person, by phone or electronically.
If the initial transmission of test results is not in writing, the BAT will follow
the initial transmission by providing the City with a copy of the Breath
Alcohol Testing Form.
19 9/9 7
If the BAT uses initial testing devices for screening tests that do not meet the
regulatory requirements for confirmation EBTs, the EAP will:
(a)
Use a log book for each test performed with such a device. Log
books must relate only to one device and cannot be used in con-
junction with any other device. The log book must include the fol-
lowing columns:
(1)
(2)
(3)
(4)
(5)
(6)
the test number;
date of the test;
name of the BAT;
location of the test;
quantified test result; and
initials of the employee taking each test.
(b) Ensure that the BAT and the employee complete the following steps:
(1)
(2)
(3)
(4)
The BAT will show the employee the result displayed on the
EBT.
The BAT will record the displayed result, test number, testing
device, serial number of the testing device, time and quanti-
fied result on the Alcohol Testing Form.
The BAT will complete the log book.
The employee will initial the log book entry.
Confirmation Tests
The EBT used for confirmation alcohol tests must meet the following re-
quirements:
(a)
The EBT will have the capability of providing a printed result in tripli-
cate of each breath test and associated identifying information.
(b)
The EBT will be capable of assigning a unique and sequential number
to each completed test, with the number capable of being read by the
BAT and the employee before each test and being printed out on
each copy of the test result.
(c)
The EBT will be capable of printing out on each copy of. the test
result the manufacturer's name for the device, the device's serial
number, and the time of the'test.
(d)
The EBT will be able to distinguish alcohol from acetone at the .02
alcohol concentration level.
(e)
The EBT will be capable of testing air blanks prior to each collection
of breath and performing an external calibration check.
21 9/97
SECTION 9. INFORMATION AND TRAINING
9.1
Education. Every employee covered by this program will receive the following drug and
alcohol use education prior to the start of testing:
Person available to answer questions about the materials: Employee Assistance
Program (Synchrony)
b. Categories of drivers subject to testing: See CDL Program
c. Description of safety-sensitive positions: See Job Description
Specific information on conduct which is prohibited: See Substance Abuse Policy
and Commercial Driver's License Program
e. Circumstances when employees will be tested: See CDL Program
Testing procedures to protect the employee and integrity of testing process: See CDL
Program
g. Requirement that testing is required: See CDL Program
h. Explanation of refusal to submit to testing and the consequences: See CDL Program
Consequences of engaging in prohibited conduct: See Substance Abuse Policy and
CDL Program
Consequences of alcohol concentration of 0.02 or greater, but less than 0.04: See
CDL Program
Information on effects of substance abuse on an individual's health, work, and per-
sonal life; signs of a substance abuse problem; and available methods of intervening
when a problem is suspected: See CDL Program
This program will be made available to each employee and displayed in the work area.
Drug or alcohol counseling and/or rehabilitation is available through the Employee Assistance
Program (Synchrony), 2570 Holiday Road, Suite 100, Coralville, IA, and information about such
assistance will be displayed in the work area and given to each employee.
9.2
Training. Every supervisor covered by this policy who will determine whether an employee
must submit to a reasonable suspicion drug or alcohol test will receive at least two hours of
training on the specific, contemporaneous physical, behavioral, speech, and performance
indicators of probable drug or alcohol abuse. One hour will cover alcohol misuse and one
hour will relate to drug use.
A list of each management or supervisory position which will be subject to training is
attached as Appendix E.
22 9/97
SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT
10.1 Employees Engaged In Prohibited Drug or Alcohol Use. An employee who has engaged in
prohibited conduct (See section 5) will be:
a. Immediately removed from the performance of safety-sensitive functions;
b. Advised by the City or EAP (Synchrony) of resources available to the employee in
evaluating and resolving drug or alcohol abuse problems including name, address,
and phone number of substance abuse professionals at the EAP (Synchrony);
c. Evaluated by a substance abuse professional to determine what assistance, if any, is
necessary;
d. Subject to return-to-duty drug and alcohol tests. For drugs, the employee must have
a negative test result before being allowed to perform safety-sensitive functions. For
alcohol, the employee must have a test result of less than .02 before being allowed
to perform safety-sensitive functions.
10.2 Employees Identified as Needing Assistance. Employees identified as needing assistance will
be:
a. Evaluated by a substance abuse professional to determine that the employee has
followed any rehabilitation program properly;
b. Subject to unannounced follow-up drug or alcohol tests under the following guide-
lines:
1. The number and frequency of follow-up tests will be determined by a sub-
stance abuse professional and will consist of at least six tests in the first
twelve months;
2. The City may direct the employee to undergo return-to-duty and follow-up
drug or alcohol tests if the substance abuse professional determines such
tests are necessary;
3. Follow-up testing will not exceed 60 months from the date of the em-
ployee's return to duty; and
4. The substance abuse professional may end testing after the first six tests if
such tests are no longer necessary.
10.3 Evaluation and Treatment Services. The following shall apply to evaluation and treatment
services provided under this program:
a. Evaluation and rehabilitation may be performed by a substance abuse professional
provided by the employer; a substance abuse professional under contract with the
employer; or by a substance abuse professional not affiliated with the employer.
b. The employer will ensure the substance abuse professional who determines an
employee needs assistance does not refer the employee to the substance abuse
professional's private practice; an entity from which the substance abuse professional
receives remuneration; or an entity in which the substance abuse professional has a
23 9/97
financial interest unless such assistance is provided by a public agency, the employer
or an entity under contract with the employer, the sole source of treatment under the
driver's health insurance program, or the sole source of treatment reasonably accessi-
ble to the driver.
The cost of drug and alcohol tests will be paid by the City for pre-employment, post-
accident, random and reasonable suspicion tests. If an employee requires return-to-
duty or follow-up testing, such costs shall be paid by the employee.
do
Sick leave accrual or other applicable accruals may be used for work time spent in
counseling sessions if satisfactory documentation of attendance is provided.
10.4
Scope. The policies governing the referral, evaluation and treatment of individuals do not
apply to applicants who refuse to submit to pre-employment tests or to applicants having a
verified positive pre-employment drug test result.
SECTION 11. RECORDKEEPING
11.1
Security and Inspection. The City and/or its agents will maintain records of its drug and
alcohol programs in a secure location with controlled access for the periods specified. These
records will be available for inspection at the employefts and/or its agent's principal place
of business within two business days of a request by an authorized representative of the
Federal Highway Administration.
11.2 Time-Frame for Record Retention. Records wil be retained for the following periods:
a. Records to be kept for at least 5 years:
Verified positive drug test results and alcohol test results indicating an alco-
hol concentration of .02 or greater;
°
Documentation of refusal to take drug or alcohol tests;
o
Driver evaluation referrals;
Annual calendar year summary prepared pursuant to section 382.403.
b. Records to be kept for at least 2 years:
Other records relating to the collection/testing process;
2. Training records.
C0
Negative and canceled drug test results will be kept for at least one year. Alcohol
test results with a concentration of less than .02 will be kept for at least one year.
11.3 Records to be Kept. The following records will be maintained:
a. Records relating to the collection process including:
Collection logbooks, if used;
Random selection process documents;
24 9/97
3. Documents related to decisions to administer reasonable suspicion tests;
4. Documents related to decisions on post-accident tests;
5. Medical explanations for the inability of an employee to provide a urine
sample for testing;
6. Consolidated annual calendar year summaries;
7. Alcohol Specific Requirements
(a) Calibration documentation for evidential breath testing devices;
(b) Documentation of Breath Alcohol Technician; Training.
Records related to employee's test results:
1. Drug Specific Requirements
(a) City's copy of the drug test chain of custody and control form;
(b) Documents sent by the MRO to the City;
2. Alcohol Specific Requirements
City's copy of the alcohol test form, including test results;
3. Documents related to employee's refusal to submit to a required test;
4. Documents submitted by employees to dispute test results.
Records related to other violations of the law governing drug or alcohol programs;
Evaluation records including records pertaining to a substance abuse professional's
determination of an employee's need for assistance; and records concerning an
employee's compliance with the recommendations of a substance abuse professional.
Education and training records including:
1. Awareness records including the City's drug and alcohol abuse policy;
2. Documentation of compliance with education requirements including each
employee's signed receipt of educational materials;
3. Documentation of supervisor training for reasonable suspicion testing;
4. Certification that all training complies with regulatory requirements.
Drug testing records including:
1. Agreements with collection sites, labs, and MRO's.
2. Names and positions of officials and their roles in the City's testing program;
25 9/97
11.4
3. Quarterly lab statistical summaries of urinalysis;
Management Information System. The City or its agent will prepare and maintain an annual
calendar year summary of the results of its drug and alcohol testing program for the previous
calendar year by March 15 of each year. If notified in January, the City is required to submit
the report to the applicable agency (Federal Highway Administration or Federal Transit
Authority) by March 15.
a. Drug Specific Requirements of the Summary
1. Calendar year summaries that indicate one or more verified positive drug
tests will include the following information:
(a) Number of employees subject to part 382 or 653;
(b) Number of employees subject to drug use rules of more than one
DOT agency, organized by DOT agency;
(c) Number of urine specimens collected, organized by type of test;
(d) Number of positive drug tests, and type of drugs, verified by a MRO,
organized by type of test;
(e) Number of negative drug tests verified by a MRO, organized by type
of test;
(f) Number of
(g) Number of
(h) Number of
(i) Number of
(j)
persons denied a position by pre-employment test;
employees verified positive for multiple drugs;
employees who refused testing;
supervisors who received drug training during the year;
Number of employees returned to duty who previously had a verified
positive drug test;
(k) Number of employees given a drug and alcohol test at the same time
who had a verified positive drug test and an alcohol concentration of
.04 or greater;
(I) Number of employees violating non-testing provisions of the federal
regulations and any responsive action.
Calendar year summaries with no violations can be recorded on an "EZ"
report form containing:
(a) Number of employees subject to part 382 or 653;
(b) Number of employees subject to the drug use rules of more than one
DOT agency, organized by DOT agency;
(c) Number of urine specimens collected, organized by type of test;
26 9/97
Alcohol
1.
(d) Number of negative test results verified by an MRO, organized by
type of test;
(e) Number of employees who refused testing;
(f) Number of supervisors who received drug training during the year;
(g) Number of employees returned to duty who previously had a verified
positive drug test.
Specific Requirements
Calendar year summaries that indicate one or more alcohol test result of .02
or greater, or any other of the alcohol misuse provisions of Subpart B will
include the following information:
(a) Number of employees subject to part 382 or 654;
(b)' Number of employees subject to testing under the alcohol misuse
rules or more than one DOT agency, organized by DOT agency;
(c) Number of persons denied a position by pre-employment alcohol test;
(d) Number of employees who refused testing;
(e) Number of supervisors who received alcohol training during the year;
(f) Number of screening alcohol tests, by type of test;
(g) Number of confirmation alcohol tests, by type of test;
(h) Number of confirmation alcohol tests indicating alcohol of .02 or
greater, but less than .04, by type of test;
(i) Number of confirmation alcohol tests indicating an alcohol concen-
tration of .04 or greater, by type of test;
(j) Number of employees returned to duty who previously engaged in
prohibited alcohol misuse under these regulations;
(k) Number of employees given a drug and alcohol test at the same time
who had a verified positive drug test and an alcohol concentration of
.04 or greater;
(I) Number of employees violating non-testing provisions of these regula-
tions and any responsive action.
Calendar year summaries with no alcohol screening tests of .02 or greater
can file an "EZ" report form containing:
(a) Number of employees subject to part 382 or 654;
27 9/97
(b)
Number of employees subject to the alcohol misuse rules of more
than one DOT agency, organized by DOT agency;
(c) Number of employees who refused testing;
(d) Number of supervisors who received alcohol training during the year;
(e) Number of screen alcohol tests by type of test; and
Number of employees returned to duty'who previously engaged in
prohibited alcohol misuse.
Employers subject to more than one DOT alcohol or drug program will identify each
driver covered by more than one DOT agency. The identification will be by the total
number of covered functions. Prior to conducting any drug test on any such employ-
ee, the employer will determine which agency rules authorize or require the test. The
employer will direct the test results to the appropriate DOT agency or agencies.
e. The City will prepare and submit annual calendar year summaries and reports.
SECTION 12. ACCESS TO FACILITIES AND RECORDS
12.1 City Records. Access to facilities and records held by the City or its agent shall be as follows:
ao
The City will not release employee information that is contained in drug or alcohol
program records except as required by law or expressly authorized by the employee.
An employee is entitled, upon written request, to obtain copies of any records
pertaining to the employee's use of drugs or alcohol, including any test records. The
City will give these records to the employee and will not make access to the records
contingent upon payment for records other than those specifically requested.
C0
The City will permit access to all facilities utilized in complying with the drug and
alcohol program laws to federal, state and local officials with regulatory authority
over the City or its employees.
do
The City will make all drug or alcohol test results and other program information
available to federal, state and local officials with regulatory authority over the City
or its employees when requested.
eo
The City will disclose information related to the City's administration of post accident
tests when requested by the National Transportation Safety Board as part of a related
accident investigation.
The City will provide records to subsequent employers upon written request from an
employee or former employee and only as expressly authorized by the terms of the
employee or former employee's request.
The City may provide information to an employee or decision maker when a griew
ance or other proceeding has been initiated by or on behalf of the employee which
arises from the results of a drug or alcohol test given by the City, or from the City's
determination that the employee engaged in prohibited conduct. Such proceedings
28 9/97
may pertain, but are not limited, to workers compensation, unemployment compen-
sation or other benefits sought by the employee.
The City will release information regarding an employee's records as directed by the
specific, written consent of the employee authorizing the release of the information
to an identified person and only in accordance with the terms of the employee's
consent.
29 9/97
APPENDIX A
THE CITY OF
IOWA CITY
Substance
Abuse Policy
1.0 POLICY
The City of Iowa City is dedicated to providing safe, dependable, and economical services to our citizens.
City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy,
satisfying working environment which promotes personal opportunities for growth. In meeting these
goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned
duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the
adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek profes-
sional assistance any time personal problems, including alcohol or drug dependency, adversely affect their
ability to perform their assigned duties.
2.0 PURPOSE
The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public
from the risks posed by the misuse of drugs or alcohol and use of prohibited drugs. This policy is also
intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol
programs.
3.0 APPLICABILITY
This policy applies to all City employees including volunteers, contract employees and contractors when
they are on City property or when performing any City-related business. This policy applies to off-site
lunch periods or breaks when an employee is scheduled to return to work.
4.0 PROHIBITED SUBSTANCES
"Prohibited substances" addressed by this policy include the following:
Substance Abuse Policy Page I
l 0/9 $
4.1 Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled
Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This
includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as
well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S.
Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed
drugs, and use of illegally obtained prescription drugs.
4.2 Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.
However, the use of any substance which carries a warning label that indicates that mental functioning,
motor skills, or judgment may be adversely affected must be reported to supervisory personnel and
medical advice should be sought by the employee, as appropriate, before performing work-related duties.
A legally prescribed drug means that individual has a prescription or other written approval from a
physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be
carried in their original container with a label which includes the patient's name, the name of the
substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal
drugs while performing City business is prohibited.
4.3 Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing containers of
alcoholic beverages with a broken seal while on City premises or on duty.
5.0 PROHIBITED CONDUCT
5.1 Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of prohibited substances on City premises, in City vehicles, in uniform, or
while on City business or from reporting to work following use of a prohibited substance. Employees
who violate this provision will be subject to disciplinary action up to and including termination. Law
enforcement shall be notified, as appropriate, where criminal activity is suspected.
Substance Abuse.Policy Page 2
10/95
5.2 Intoxication/Under the Influence
Employees are expected and required to report to work on time in an appropriate mental and physical
condition. Any employee who is reasonably suspected of being intoxicated, impaired, under the
influence of a prohibited substance, or not fit for duty shall be relieved of job duties pending an
investigation and verification of condition. Employees found to be under the influence of prohibited
substances or employees who fail to pass a drug or alcohol test administered under federal or state
regulations shall be removed from duty and subject to disciplinary action, up to and including termina-
tion.
5.3 Alcohol Use
No employee should report for duty or remain on duty when his/her ability to perform assigned safety-
sensitive functions is impaired by alcohol. No employee shall use alcohol while on duty, or during the
hours that they are on call. Violation of these provisions is prohibited and subject to disciplinary action
up to and including termination.
5.4 Treatment
The City recognizes that drug dependency is an illness and a major health problem. The City also
recognizes drug abuse as a potential health, safety and security problem. All employees are encouraged
to make use of the Employee Assistance Program (EAP) for treatment for drug or alcohol misuse and illegal
drug use problems. Under certain circumstances, employees may be required to undergo treatment for
substance abuse or alcohol misuse. Any employee who refuses or fails to comply with City requirements
for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including
termination. Employees will be allowed to use accumulated sick leave and other accruals as appropriate
to participate in a prescribed rehabilitation program.
5.5 Notifying the City of Criminal Drug Conviction
The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any
criminal drug statute conviction for a violation occurring in the workplace or off City premises while
conducting City business within five days after such conviction. The City will take appropriate disciplinary
action and/or require the employee to participate in a rehabilitation program within 30 days of receiving
notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result
in disciplinary action, up to and including termination.
Substance Abuse Policy Page 3
10/95
5.6 Proper Application of the Policy
The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy.
Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner.
Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately
misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including
termination.
6.0 PRE-EMPLOYMENT DRUG TESTING PROCEDURES
6.1 Pre-Employment Drug Testing
All applicants for positions covered by Federal regulations governing workplace anti-drug and alcohol
programs shall undergo urine drug testing following the offer of employment. Receipt by the City of a
negative drug test result is required prior to employment. Failure of a pre-employment drug test will
disqualify an applicant for employment for a period of one year.
City employees not currently in a position covered by Federal regulations governing workplace anti-drug
and alcohol programs who apply for a position covered by Federal regulations must pass a urine drug test
following the offer of a transfer into a position covered by Federal regulations governing workplace anti-
drug and alcohol programs.
7.0 CONSEQUENCES FOR POLICY VIOLATIONS
Violations of this policy or failure to pass a drug or alcohol test administered under federal regulations will
result in disciplinary action, up to and including termination.
humanreEsubabus2.pcy
Substance Abuse Policy
10/95
Page 4
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix B
Employee Positions Subject to Drug and Alcohol Testing
49 CFR, Part 382
Title or description of employee position
EQUIPMENT:
Mechanic I
Mechanic II
Mechanic III
Shop Supervisor
Equipment Supervisor
SOLID WASTE:
MW I - Landfill
MWI- Refuse
MW II - Landfill
MW II- Refuse
MW III- Landfill
Asst. Solid Waste Superintendent
CEMETERY: MW II
MW III
FORESTRY:
MWI
MW II
Forester
CBD:
MWI
St. MW
PARKS:
MWI
MW II
MW III
Sr. MW
STREETS:
MWI
MW II
MW III
Sr. MW
Asst. Streets Superintendent
Streets Superintendent
TRAFFIC ENGINEERING:
Electronics Tech
Electrician
TRANSIT:
Body Repair Mechanic
WATER:
MW III- Plant
Sr. T.P.O.
WASTEWATER:
MWI
MW II
MW III
Sr. MW
Maintenance Operator
TPO
Sr. TPO
WATER DISTRI B UTION:
MW I
MW II
Sr. MW
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix C
Employee Positions Subject to Drug and Alcohol Testing
49 CFR, Part 653 and 654
Title or description of employee position
Mass Transit Operator
MW II - Transit
MW III - Transit
Transit Operations Supervisor
Transit Manager
Mechanic I - Transit
Mechanic II - Transit
Mechanic III - Transit
Sr. Mechanic - Transit
Shop Supervisor - Transit
Parking Operations Supervisor (substitute Transit Operations Supervisor)
Parking Manager (substitute Transit Manager)
Parking and Transit Director
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix D
Management or Supervisory Personnel
Subject to Employee Assistance Program Training
List below, by title or description, all positions in your organization for which Employee Assistance
Program (EAP) training is required under 49 CFR, Part 382. Include the current number of employees
for each position.
Title or description of employee position
Equipment:
Cemetery:
Forestry:
CBD:
Parks:
Wastewater:
Solid Waste:
Streets:
Water:
Equipment Superintendent (1)
Shop Supervisor (1)
Sr. MW - Cemetery (1)
Forester (1)
Sr. MW-CBD (1)
Parks Superintendent (1)
Asst. WW Superintendent (1)
WW Superintendent (1)
Asst. Solid Waste Supt. (1)
Asst. Streets Superintendent (1)
Streets Superintendent (1)
Asst. Water Superintendent (1)
Water Superintendent (1)
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix E
Management or Supervisory Personnel
Subject to Employee Assistance Program Training
List below, by title or description, all positions in your organization for which Employee Assistance
Program (EAP) training is required under 49 CFR, Part 653 and 654. Include the current number of
employees for each position.
Title or description of employee position
Transit Operations Supervisor (2)
Parking Operations Supervisor (substitute Transit Operations Superintendent) (2)
Transit Manager (1)
Parking Manager (1)
Transit Equipment Shop Supervisor (1)
Parking and Transit Director (1)
APPENDIX F
U.S. Departmen "0f Transportation (DOT)
Breath Alcohol Testing Form
[THE I]VSTRUCTIONS FOR ~218PLETING THIS FORM ARE Obl 22-IE BACK OF COPY 31
STEP 1: TO BE COMPLETED BY BREATH ALCOHOL TECHNICIAN
A. Employee Name
(PRINT) ~ M.I.o ~
;
B. SSN or Employee I'D No.'.
C. Employer Name,
Address, &
Telephone No.
( )
Telephone Numb~
D. Reason for Test: [] Pre-employment [] Random [] Reasonable Suspicion/Cause [] Post-accident [] Return to Duty [] Follow-up
STEP 2: TO BE COMPLETED BY EMPLOYEE
I certify that I am about to submit to breath alcohol testing required by U.S. Department of Transportation regulations and that the identifying
information provided on this form is true and correct.
/ /
Signature o~ Employee Date Month Day Year
STEP 3: TO BE COMPLETED BY BREATH ALCOHOL TECHNICIAN
I certify that I have conducted breath alcohol testing on the above named individual in accordance with the procedures established in the U.S.
Department of Transportation regulation, 49 CFR Part 40, that I am qualified to operate the testing devices identified, and that the results are as
recorded.
Screening test:
Complete only. if the testing device is not designed to print the following.
AM
PM
Test No. Testing Device Name Testing Device Se~xl Number Tune Result
Confirmation test:
Confirmation test results MUST be affixed to the back of each copy of this form.
Remarks:
Breath Alcohol Technician's Name (Fu~t, M.I., LesO
5ign~tu~ of Breath Ak'ohol Technician
/ /
Dam Month Day Year
STEP 4: TO BE COMPLETED BY EMPLOYEE
I certify that I have submitted to the breath alcohol fi~st the results of which are accurately recorded on this form. I understand that I must not drive,
perform safety-sensitive duties, or operate heavy equipment if the results are 0.02 or greater.
/ /
Dam Mo~th Day Year
Slgnatu~ o~ '~mploy,~
COPY 2 - EMPLOYEE RETAINS
OMB No. 2105-0529
F.o~'p. Da~e:. 2128197
341-FS-C3 (Rev. 8/94)
DRUG AND ALCOHOL TESTING
SUBSTANCE ABUSE PREVENTION PROGRAM
APPENDIX G
Alcohol Fact Sheet
Alcohol is a socially acceptable drug that has been consumed throughout the world for
centuries. It is considered a recreational beverage when consumed in moderation for enjoy-
ment and relaxation during social gatherings. However, when consumed primarily for its
physical and mood-altering effects, it is a substance of abuse. As a depress ant, it slows down
physical responses and progressively impairs mental functions.
Signs and Symptoms of Use
· Dulled mental processes
· Lack of coordination
o Odor of alcohol on breath
· Possible constricted pupils
· Sleepy or stuporous condition
· Slowed reaction rate
· Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant sub-
stance.)
Health Effects
The chronic consumption of alcohol (average of three servings per day of beer [12 ounces],
whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following health
hazards:
· Decreased sexual functioning
· Dependency (up to 10 percent of all people who drink alcohol become physically and] or
mentally dependent on alcohol and can be termed "alcoholic")
· Fatal liver diseases
· Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malig-
nant melanoma
· Kidney disease
· Pancreatitis
· Spontaneous abortion and neonatal mortality
· Ulcers
· Birth defects (up to 54 percent of all birth defects are alcohol related).
Social Issues
· Two-thirds of all homicides are committed by people who drink prior to the crime.
~ Two to three percent of the driving population is legally drunk at any one time. This rate
is doubled at night and on weekends.
· Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during
their lifetimes.
~ The rate of separation and divorce in families with alcohol dependency problems is 7 times
the average.
Forty percent of family court cases are alcohol problem related.
Alcoholics are 15 times more likely to commit suicide that are other segments of the
population.
More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76
percent of private aircraft accidents are alcohol related.
The Annual Toll
24,000 people will die on the highway due to the legally impaired driver.
12,000 more will die on the highway due to the alcohol-affected driver.
15,800 will die in non-highway accidents.
30,000 will die due to alcohol-caused liver disease.
10,000 will die due to alcohol-induced brain disease or suicide.
Up to another 125,000 will die due to alcohol-related conditions or accidents.
Workplace Issues
It takes one hour for the average person (150 pounds) to process one serving of an alcoholic
beverage from the body.
Impairment in coordination and judgment can be objectively measured with as little as two
drinks in the body.
A person who is legally intoxicated is 6 times more likely to have an accident than a sober
person.
Amphetamine Fact Sheet
Amphetamines are central nervous system stimulants that speed up the mind and body. The
physical sense of energy at lower doses and the mental exhilaration at higher doses are the
reasons for their abuse. Although widely prescribed at one time for weight reduction and
mood elevation, the legal use of amphetamines is now limited to a very narrow range of
medical conditions. Most amphetamines that are abused are illegally manufactured in
foreign countries and smuggled into the U.S. or clandestinely manufactured in crude
laboratories.
Description
· Amphetamine is sold in counterfeit capsules or as white, fiat, double-scored '~minibennies."
It is usually taken by mouth.
· Methamphetamine is often sold as a creamy white and granular powder or in lumps and
is packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be
taken orally, injected, or snorted into the nose.
o Trade/street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol, Ritalin,
Speed, Meth, Crank, Crystal, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
· Hyperexcitability, restlessness
· Dilated pupils
. Increased heart rate and blood pressure
· Heart palpitations and irregular beats
Profuse sweating
· Rapid respiration
Confusion
Panic
· Talkativeness
Inability to concentrate
Heightened aggressive behavior.
Health Effects
o Regular use produces strong psychological dependence and increasing tolerance to drug.
. High doses may cause toxic psychosis resembling schizophrenia.
· Intoxication may induce a heart attack or stroke due to spiking of blood pressure.
o Chronic use may cause heart and brain damage due to severe constriction of capillary
blood vessels.
· The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre
and violent acts.
o Withdrawal from the drug may result in severe physical and mental depression.
Workplace Issues
· Since amphetamines alleviate the sensation of fatigue, they may be abused to increase
alertness because of unusual overtime demands or failure to get rest.
· Lowmdose amphetamine use will cause a short-term improvement in mental and physical
functioning. With greater use or increasing fatigue, the effect reverses and has an impair-
ing effect. Hangover effect is characterized by physical fatigue and depression, which may
make operation of equipment or vehicles dangerous.
3
Cocaine Fact Sheet
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and
mental stimulant. The entire central nervous system is energized. Muscles are more tense,
the heart beats faster and stronger, and the body burns more energy. The brain experiences
an exhilaration caused by a large release of neurohormones associated with mood elevation.
Description
The source of cocaine is the coca bush, grown almost exclusively in the mountainous
regions of northern South America.
Cocaine Hydrochioride---"snorting coke" is a white to creamy granular or lumpy powder
that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the
gums, or injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per
"line" (about 60 to 90 milligrams). Common paraphernalia include a single-edged razor
blade and a small mirror or piece of smooth metal, a half straw or metal tube, and a small
screw cap vial or folded paper packet containing the cocaine.
Cocaine Base -- a small crystalline rock about the size of a small pebble. It boils at a low
temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass
pipe and the vapor is inhaled. The effect is felt within seven seconds. Common parapher-
nalia includes a "crack pipe" (a small glass smoking device for vaporizing the crack crystal)
and a lighter, alcohol lamp, or small butane torch for heating.
Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow.
Signs and Symptoms of Use
Financial problems
Frequent and extended absences from meetings or work assignment
Increased physical activity and fatigue
Isolation and withdrawal from friends and normal activities
Secretive behaviors, frequent nonbusiness visitors, delivered packages, phone calls
Unusual defensiveness, anxiety, agitation
Wide mood swings
Runny or irritated nose
Difficulty in concentration
Dilated pupils and visual impairment
Restlessness
Formication (sensation of bugs crawling on skin)
High blood pressure, heart palpitations, and irregular rhythm
Hallucinations
Hyperexcitability and overreaction to stimulus
Insomnia
Paranoia and hallucinations
Profuse sweating and dry mouth
Talkativeness.
Health Effects
Research suggests that regular cocaine use may upset the chemical balance of the brain.
As a result, it may speed up the aging process by causing irreparable damage to critical
nerve cells. The onset of nervous system illnesses such as Parkinson's disease could also
occur.
4
Cocaine use causes the heart to beat faster and harder and rapidly increases blood pres-
sure. In addition, cocaine causes spasms of blood vessels in the brain and heart. Both
effects lead to ruptured vessels causing strokes or heart attacks.
Strong psychological dependency can occur with one "hit" of crack. Usually, mental
dependency occurs within days (crack) or within several months (snorting coke). Cocaine
causes the strongest mental dependency of any known drug.
Treatment success rates are lower than for other chemical dependencies.
Cocaine is extremely dangerous when taken with depressant drugs. Death due to overdose
is rapid. The fatal effects of an overdose are not usually reversible by medical intervention.
The number of cocaine overdose deaths has tripled in the last four years.
Cocaine overdose was the second most common drug emergency in 1986mup from 11th
place in 1980.
Workplace Issues
Extreme mood and energy swings create instability. Sudden noises can cause a violent
reaction.
Lapses in attention and ignoring warning signals greatly increase the potential for acci-
dents.
The high cost of cocaine frequently leads to workplace theft and/or dealing.
A developing paranoia and withdrawal create unpredictable and sometimes violent
behavior.
Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed
assignments.
5
Cannabinoids (Marijuana) Fact Sheet
Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use
marijuana for the mildly tranquilizing and mood- and perception-altering effects it produces.
Description
Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to
light tan. The leaves are usually dry and broken into small pieces. The seeds are oval with
one slightly pointed end. Less prevalent, hashish is a compressed, sometimes tarlike
substance ranging in color from pale yellow to black. It is usually sold in small chunks
wrapped in aluminum foil. It may also be sold in an oily liquid.
Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and
incense.
Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are
commonly found. Smoking "bongs" (large bore pipes for inhaling large volumes of smoke)
can easily be made from soft drink cans and toilet paper rolls.
Trade/street names include Marinel, THC, Pot, Grass, Joint, Reefer, Acapulco Gold,
Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
Reddened eyes (often masked by eyedrops)
Slowed speech
Distinctive odor on clothing
Lackadaisical "I don't care" attitude
Chronic fatigue and lack of motivation
Irritating cough, chronic sore throat.
Health Effects
General
When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphyse-
ma-like conditions.
One joint causes the heart to race and be overworked. People with undiagnosed heart
conditions are at risk.
Marijuana is commonly contaminated with the fungus Aspergillus, which can cause serious
respiratory tract and sinus infections.
Marijuana smoking lowers the body's immune system response, making users more
susceptible to infection. The U.S. government is actively researching a possible connection
between marijuana smoking and the activation of AIDS in positive human immunedefi-
ciency virus (HIV) carriers.
Pregnancy Problems and Birth Defects
The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in
marijuana concentrate in the ovaries and testes.
Chronic smoking of marijuana in males causes a decrease in sex hormone, testosterone,
and an increase in estrogen, the female sex hormone. The result is a decrease in sperm
count, which can lead to temporary sterility. Occasionally, the onset of female sex charac-
teristics including breast development occurs in heavy users.
6
Chronic smoking of marijuana in females causes a decrease in fertility and an increase in
testosterone.
Pregnant women who are chronic marijuana smokers have a higher than normal incidence
of stillborn births', early termination of pregnancy, and higher infant mortality rate during
the first few days of life.
In test animals, THC causes birth defects, including realformations of the brain, spinal
cord, forelimbs, and liver and water on the brain and spine.
Offspring of test animals who were exposed to marijuana have fewer chromosomes than
normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are
concluding that the use of marijuana by either or both parents, especially during pregnan-
cy, leads to specific birth defects of the infant's feet and hands.
One of the most common effects of prenatal cannabinoid exposure is underweight newborn
babies.
Fetal exposure may decrease visual functioning and causes other ophthalmic problems.
Mental Function
Regular use can cause the following effects:
Delayed decision-making
Diminished concentration
Impaired short-term memory, interfering with learning
Impaired signal detection (ability to detect a brief flash of light), a risk for users who are
operating machinery
Impaired tracking (the ability to follow a moving object with the eyes) and visual distance
measurements
Erratic cognitive function
Distortions in time estimation
Long-term negative effects on mental function known as "acute brain syndrome," which
is characterized by disorders in memory, cognitive function, sleep patterns, and physical
condition.
Acute Effects
· Aggressive urges
· Anxiety
Confusion
· Fearfulness
Hallucinations
Heavy sedation
· Immobility
Mental dependency
Panic
· Paranoid reaction
Unpleasant distortions in body image.
Workplace Issues
· The active chemical, THC, stores in body fat and slowly releases over time. Marijuana
smoking has a long~term effect on performance.
· A 500 to 800 percent increase in THC concentration in the past several years makes
smoking three to five joints a week today equivalent to 15 to 40 joints a week in 1978.
· Combining alcohol or other depressant drugs and marijuana can produce a multiplied
effect, increasing the impairing effect of both the depressant and marijuana.
7
Opiates (Narcotics) Fact Sheet
Opiates (also called narcotics) are drugs that alleviate pain, depress body functions and
reactions, and, when taken in large doses, cause a strong euphoric feeling.
Description
Natural and natural derivatives--opium, morphine, codeine, and heroin
Synthetics--meperidine (Demerol), oxymorphone (Numorphan), and oxycodone (Pefcodan)
May be taken in pill form, smoked, or injected, depending upon the type of narcotic used.
Trade/street names include Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and China
White.
Signs and Symptoms of Use
Mood changes
Impaired mental functioning and alertness
Constricted pupils
Depression and apathy
Impaired coordination
Physical fatigue and drowsiness
Nausea, vomiting, and constipation
Impaired respiration.
Health Effects
IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of
needles.
Narcotics increase pain tolerance. As a result, people could more severely injure them-
selves or fail to seek medical attention after an accident due to the lack of pain sensitivity.
Narcotics' effects are multiplied when used in combination with other depressant drugs
and alcohol, causing increased risk for an overdose.
Social Issues
· There are over 500,000 heroin addicts in the U.S., most of whom are IV needle users.
· An even greater number of medicinal narcotic-dependent persons obtain their narcotics
through prescriptions.
o Because of tolerance, there is an ever-increasing need for more narcotic to produce the
same effect.
· Strong mental and physical dependency occurs.
· The combination of tolerance and dependency creates an increasing financial burden for
the user. Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
· Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and drowsi-
ness place the legitimate user and abuser at higher risk for an accident.
o Narcotics have a legitimate medical use in alleviating pain. Workplace use may cause
impairment of physical and mental functions.
8
Phencyelidine (PCP) Fact Sheet
Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects
prevented its use except as a large animal tranquilizer. Pheneyelidine acts as both a depres-
sant and a hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety
of mood-altering effects. Low doses produce sedation and euphoric mood changes. The mood
can change rapidly from sedation to excitation and agitation. Larger doses may produce a
coma-like condition with muscle rigidity and a blank stare with the eyelids half closed.
Sudden noises or physical shocks may cause a "freak out" in which the person has abnormal
strength, extremely violent behavior, and an inability to speak or comprehend communica-
tion.
Description
· PCP is sold as a creamy, granular powder and is often packaged in one-inch square
aluminum foil or folded paper "packets."
· It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with
procaine, a local anesthetic, and sold as imitation cocaine.
· Trade/street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
Impaired coordination
Severe confusion and agitation
o Extreme mood shifts
· Muscle rigidity
· Nystagmus (jerky eye movements)
· Dilated pupils
· Profuse sweating
· Rapid heartbeat
o Dizziness.
Health Effects
· The potential for accidents and overdose emergencies is high due to the extreme mental
effects combined with the anesthetic effect on the body.
· PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood
of an overdose reaction.
· Misdiagnosing the hallucinations as LSD induced, and then treating with Thorazine, can
cause a fatal reaction.
· Use can cause irreversible memory loss, personality changes, and thought disorders.
· There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to
three days and can include combativehess, catatonia, convulsions, and coma. Distortions
of size, shape, and distance perception are common. The second phase, which does not
always follow the first, is a toxic psychosis. Users may experience visual and auditory
delusions, paranoia, and agitation. The third phase is a drug-induced schizophrenia that
may last a month or longer. The fourth phase is PCP-induced depression. Suicidal tenden-
cies and mental dysfunction can last for months.
Workplace Issues
· PCP abuse is less common today than in recent years. It is also not generally used in a
workplace setting because of the severe disorientation that occurs.
l~umanrel \ factsht.drg
9
Appendix H
Drug and Alcohol Testing
Substance Abuse Prevention Program
Consequences
DRUG TESTS
The first time that a drug test on an employee is reported by the MRO as a positive test the employ-
ee will be referred to the Employee Assistance Program where they will be evaluated by a Substance
Abuse Professional (SAP). The employee may not return to work until they have completed the
treatment program recommended by the SAP and have successfully passed a return to duty drug test.
During this period of time the employee will be required to use applicable accruals. If an employee
runs out of applicable accruals before they are released to return to work they will be placed on an
unpaid leave of absence for a limited time until the employee has successfully completed the
recommended treatment program. In either case, an employee who cannot be at work and perform
assigned duties will receive disciplinary action in the form of a written warning for inability to
perform the assigned duties.
If an employee continues to use a controlled substance while being treated by a Substance Abuse
Professional or fails to comply with the recommended treatment the employee will be subject to
disciplinary action up to and including discharge. Following return to work, the second time an
employee tests positive for drugs and cannot perform the assigned duties the employee will be termi-
nated.
If an employee is tested for drugs as a result of reasonable suspicion, the employee will be sent
home following the test. If the test results are positive, the employee will be charged with use of
applicable accruals for this time and will be subject to the guidelines described previously. If the
tests results are negative however, the employee will be paid for time spent awaiting the results of
the test and no accruals will be used.
ALCOHOL TESTS
An employee who tests positive for alcohol by having an alcohol concentration of .04 or greater
will be subject to the same guidelines listed above for positive drug tests.
An employee who has an alcohol concentration of .02 or greater but less than .04 will be sent
home and not allowed to return to work until the appropriate time has passed per the regulations
(8 hours for FTA, 24 hours for FHWA). While at home the employee will be required to use
applicable accruals. Any employee who is unable to perform their assigned duties will generally
receive disciplinary action in the form of a written warning the first time, a one day suspension the
second time and termination the third time.
humanrel\cdldrug.pol
SECTION 1. PURPOSE AND CONSTRUCTION
This document describes the City of Iowa City's Substance Abuse Prevention Program for certain
personnel required to hold a Commercial Drivers License· The purpose of the program is to establish
procedures for the administration of the Department of Transportatio.n (DOT) substance abuse
prevention program pursuant to the Commercial Driver's License .Rz~/ulations, Code of Federal
Regulations, Title 49 (49 CFR), Part 382. Part 382 requires employers 1;o implement substance abuse
prevention programs if they employ personnel who operate commer,,¢~al motor vehicles and who are
required to have commercial drivers' licenses. /
SECTION 2. APPLICA~]I, LITY /
The City has employe~.~,who drive commercial motor vel~cles and who are required to have a
commercial drivers' licen~e~ Employees who use a commefcial motor vehicle and who are required
to have a Commercial Driv'~'r.,'s License are subject to th/prog-ram effective January 1, 1995. A list
of positions subject to drug a't~d alcohol testing is att,,~91~ed as Appendix B.
Employees and prospective e'~n~'p.loyees shall be t,e'ste. d in accordance with requirements of the
Commercial Driver's License Reg~il.~tions, Code q~' Federal Regulations, Title 49 (49 CFR), Part 382
and Part 40. -
For the purposes of this program, combercial/motor vehicles include:
a. A motor vehicle with a gross coml~'i. nAt~ion rate of 26,001 or more pounds, including a towed
unit with a gross weight of 10,00.(~ ffounds; or
b. A motor vehicle designed to transpo~;,! 6 or more passengers, including the driver; or
\
c. A motor vehicle required to ~be placarde~,under regulation of hazardous materials (49 CFR
Part 172, subpart F).
The following categories of employees are exempt'~om the CDL drug and alcohol testing program·
a Mass transit em Io ees sub'ect to Federal Tra~s't A thor't d d I h I ....
· 40 CFR Parts 65P3 aYnd 654/ These employeesr~l~ecoUme s'u~je(~tgoat~isap(~ic~ o~enS~j'a~guaU~a~I
1996 subject to the.regulatory requirements of~ CFR>, Parts 653 and 654. A list of posi-
tions subject to drug and alcohol testing under FI~ Autl~'ority is attached as Appendix C.
b. Drivers waived fr6m having a CDL (e.g., fire fighte'r~.
In the event of a conflic[ between this proAram and the provisions of :~,~ CFR, Part 382 or Parts 653
and 654, the provision~ of the federal regulations will prevail.~
SECTION 3. EFFECT,OF USE~ REFUSAL OR FAILURE
Any job applicant al~plying for a position with the City who refuses or fails a pre-employment drug
test will not be hirq~l". No employee covered by this policy who has engaged in prohibited drug use
will perform safety-sensitive functions. The City will immediately remove from performing safety-sen-
sitive functions covered by the DOT safety standards in 49 CFR Part 382 or Parts 653 and 654, any
employee covered by this program who refuses or fails an alcohol or drug test.
9/97
Human Relatio#s/Perso##e/
Memo
DATE:
September 2, 1997
TO:
FROM:
RE:
City Council
Sylvia A. Mejia, Personnel Administrator~j
Commercial Driver's License Program
In July, 1995 City Council approved a resolution adopting a Commercial Driver's License
Substance Abuse Prevention Program for Drugs and Alcohol. This document was adopted
to meet federal requirements for alcohol and controlled substance testing for employees
required to possess a commercial driver's license.
The program was implemented on January 1, 1996 in compliance with federal law. Since
implementation, our program has been reviewed by the Federal Transit Authority as part
of our mmual review and our review report indicated that our program is in compliance
with federal regulations. In addition, following an inquiry made to the Federal Highway
Administration office, FHWA authorities reviewed our program during an on-site visit and
advised us that our program is in compliance and our recordkeeping is in order. In fact,
the authorities noted that our computerized method of selecting testing dates and our
notice to employees when they are selected is beyond what we are required to do by the
regulations and they commended us for doing this.
We recently reviewed the program to update any changes that have occurred since it was
originally written. We have made one substantive change in that we recently contracted
with Mercy Occupational Health to provide collection services for drug testing and to
conduct alcohol testing at their office. This change also included changing laboratories
to one which Mercy uses as well as contracting with Dr. Dale Minner of Occupation
Health to provide Medical Review Officer services for us. These changes were made as
a result of concerns expressed by both supervisors and employees. Changes have been
made throughout the written program to reflect the change in providers.
In addition, changes were made in the program to reflect either a change in federal law
or a clarification of how the program is administered on a local basis. These changes
include:
6.2
The definition of accident was changed in the federal regulations and the
program has been revised to reflect those changes.
6.4 c. The word "extended" has been added to clarify the circumstances under
which an alternate name will be drawn for testing.'
7.1 Removes the 48 hour requirement for an applicant to report for a pre-
employment urine test. Such tests are scheduled by the City and the
applicant must report as scheduled.
7.3 d. 8. Reflects changes in the federal regulations regarding the circumstances under
which the Medical Review Officer (MRO) may verify a test as positive
without direct communication with the person tested.
7.3 d. 9. The MRO does not have any direct contact with the EAP so the MRO
reports any verified positive to the Personnel Administrator who will refer
the employee to the Employee Assistance Program.
7.3 d. 13, 14, 15 Duties covered under these sections are being deleted from the
MRO's responsibilities as they are handled by the local substance
abuse professional who works directly with the employee.
7.4 c. 4. Reflects the actual reporting process which is quarterly reports delivered by
regular mail.
8.4 a. Federal regulations expanded the waiting period for a confirmation test to
30 minutes for Federal Transit Authority tests.
8.7 b. Adds the Personnel Assistant to the designated list of City employees
authorized to accept tests results in the absence of the Personnel
Administrator.
Appendix B, C, D Updated to reflect current covered job rifles.
Appendix G Incorporates training materials into the policy.
Appendix H Incorporates consequences of failing a drug or alcohol test into the
program.
Please feel free to contact me if you have any questions about these changes or the
program in general.
cc: Dale Helling, Assistant City Manager
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St. 52240, (319)356-5052
RESOLUTION NO. 97-310
RESOLUTION AMENDING THE INVESTMENT POLICY FOR THE CITY OF IOWA
CITY.
WHEREAS, during the conduct of municipal affairs, the Finance Director of the City of Iowa
City invests certain funds of the City, and
WHEREAS, it is necessary to amend the existing investment policy for the Finance Director
while conducting official City business to comply with State of Iowa law, and
WHEREAS, the City Manager has formulated an investment policy for investing all funds,
which is attached to this resolution and by this reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the attached investment policy be adopted as the official investment policy of the
City of Iowa City.
Passed and approved this 9th day of September
,1997.
A,~roved by
City Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Lehman
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X,
X
,X,
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
finadm~Jnvplc¥.res
City of Iowa City
Finance Department
INVESTMENT
POLICY
July 1997
INVESTMENT POLICY OUTLINE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Scope .....................................................
Objectives ..................................................
Delegation & Authority .........................................
Instruments .................................................
Risk ......................................................
Diversification ...............................................
Maturities ..................................................
Prudence ...................................................
Controls ...................................................
Safekeeping & Custody .........................................
Ethics .....................................................
Reporting: Interim and Annual ...................................
Relationships with Financial Institutions and Dealers ....................
Indenmification of Investment Officials ..............................
Investment Policy Review and Amendment ...........................
Page
1
1
1
1
2
2
3
3
3
3
4
4
4
4
5
I. SCOPE
II.
III.
IV.
This Investment Policy applies to the investment activities of the City of Iowa City, Iowa.
Financial assets of all funds shall be administered in accordance with the provisions of these
policies.
The investment of bond funds or sinking funds shall comply not only with this investment policy,
but also be consistent with any applicable bond resolution.
This Investment Policy is intended to comply with Iowa Code Chapter 12B.
Upon passage and upon future amendment by the City Council, if any, copies of this Investment
Policy shall be delivered to all of the following:
1. All depository institutions or fiduciaries for public funds of the City.
2. The auditor engaged to audit any fund of the City.
OBJECTIVES
The primary objective of the City of Iowa City's investment activities is the preservation of capital
and the protection of investment principal. The City's investment portfolio will remain
sufficiently liquid to enable the City to meet operating requirements that cash management
procedures anticipate. In investing public funds, the City's cash management portfolio shall be
designed with the objective of regularly exceeding the average return on the six-month U.S.
Treasury bill. This index is considered a benchmark for the riskless investment transactions and
therefore comprises a minimum standard for the portfolio's rate of return. The investment
program shall seek to augment returns above this threshold, consistent with risk limitations
identified herein and prudent investment principles. The City will diversify its investments to
avoid incurring unreasonable and avoidable risks regarding specific security types or individual
financial institutions.
DELEGATION AND AUTHORITY
Management responsibility for the investment program is hereby delegated to the Director of
Finance, who shall establish written procedures for the operation of the investment program,
consistent with this investment policy. Such procedures shall include explicit delegation of
authority to persons responsible for investment transactions. No person may engage in an
investment transaction except as provided under the terms of this policy and the written
procedures. The Director of Finance shall be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of the subordinate officials. The Director
of Finance of the City and all employees authorized to place investments shall be bonded in the
amount of $400,000.
INSTRUMENTS
Assets of the City may be invested in the following:
Interest bearing savings accounts, interest bearing money market accounts, and interest
bearing checking accounts at any bank, savings and loan association or credit union in the
State of Iowa. Each bank must be on the most recent Approved Bank List as distributed
by the Treasurer of the State of Iowa or as amended as necessary by notice inserted in the
2
VI.
monthly mailing by the Rate Setting Committee. Each financial institution shall be
properly declared as a depository by the City Council. Deposits in any financial
institution shall not exceed the maximum approved by the City Council.
2. Obligations of the United States government, its agencies and instrumentalities.
Certificates of deposit and other evidences of deposit at federally insured Iowa depository
institutions approved by City Council and secured pursuant to the limitations set forth in
Chapter 12C of the Code of Iowa.
4. Iowa Public Agency Investment Trust (IPAIT).
o
An open-end management investment company registered with the Securities & Exchange
Commission under the federal Investment Company Act of 1940, 15 U.S.C. Section 80(a)
and operated in accordance with 17 C.F.R. Section 270.2a-7, whose portfolio investments
are limited to those instruments individually authorized in Section IV of this Investment
Policy.
All instruments eligible for investment are further qualified by all other provisions of this
Investment Policy, including Section VII investment maturity limitations and Section VI
diversification requirements.
RISK
The City of Iowa City recognizes that investment risk can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Portfolio
diversification is employed as a way to control risk. Investment managers are expected to display
prudence in the selection of securities, as a way to minimize default risk. No individual
investment transaction shall be undertaken which jeopardizes the total capital position of the
overall portfolio. In the event of a default by a specific issuer, the investment manager shall
review and, if appropriate, proceed to liquidate securities having comparable credit risk.
To control risks of illiquidity, cash flow is monitored on a continuous basis by the Senior
Accountant and Finance Director.
DIVERSIFICATION
Where possible, it is the policy of the City of Iowa City to diversify its investment portfolio.
Assets shall be diversified to eliminate the risk of loss resulting from over-concentration of assets
in a specific maturity, a specific issuer, or a specific class of securities. In establishing specific
diversification strategies, the following general policies and constraints shall apply:
Portfolio maturities shall be staggered in a way that avoids undue concentration of assets
in a specific maturity sector. Maturities shall be selected which provide stability of
income and reasonable liquidity. Maturities shall be set to meet City operating require-
ments.
Liquidity practices to ensure that the next disbursement date and payroll date are covered
through maturity investments, marketable U.S. Treasury bills or cash on hand shall be
used at all times.
VII.
VIII.
Xo
Risks of market price volatility shall be controlled through maturity diversification so that
aggregate price losses on instmments with maturities approaching one year shall not be
greater than coupon interest and investment income received from the balance of that
portfolio.
The following parameters are established as maximum constraints:
By Investment
Maximum
% of Portfolio
Interest Bearing Bank Accounts
U.S. Treasury Bills
U.S. Government Agency Securities
State and Local Government Securities
Certificates of Deposit
(Collateralized by U.S., State and'Local
Government Securities)
100%
100%
100%
50%
100%
MATURITIES
For the general fund and other operating funds, non-marketable instrument maturities shall not
exceed one year, unless a temporary extension of maturities is approved by the City Council. In
such cases, the average maturity of each fund's portfolio shall not exceed 397 days.
Debt retirement, bond reserve, special assessment, and non-expendable trust funds may be invested
in instruments whose maturities do not exceed five years at the time of purchase.
Assets held in debt retirement and special assessment funds may be invested in maturities
exceeding five years in accordance with bond covenants or with special approval of the City
Council.
PRUDENCE
The standard of prudence to be used by investment officials shall be the "prudent person," and
shall be applied in the context of managing an overall portfolio. Investment officers acting in
accordance with written procedures and exercising due diligence shall be relieved of personal
responsibility for any individual securities credit risk or market price changes, provided that
deviations from expectation are reported in a timely fashion, and appropriate action is taken to
control adverse developments.
CONTROLS
The Director of Finance shall establish a system of internal controls which shall be documented
in writing. The internal controls shall be reviewed by the independent auditor. The controls shall
be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation
by third parties, unanticipated changes in financial markets, or imprudent actions by employees
and officers of the City of Iowa City.
SAFEKEEPING AND CUSTODY
To protect against potential fraud and embezzlement, the assets of the City of Iowa City shall be
secured through third-party custody and safekeeping procedures and/or safety deposit box at a
4
XlII.
local bank. Bearer instruments shall be held only through third-party institutions. Other
instruments shall be registered in the City's name. Investment officials shall be bonded to protect
the public against possible embezzlement and malfeasance. All securities shall be purchased using
the delivery-vs-payment procedure. Unless prevailing practices or economic circumstances dictate
otherwise, ownership shall be protected through third-party custodial safekeeping. All custodial
agreements shall be in writing and shall contain a provision that all custodial services be provided
in accordance with the laws of the State of Iowa. Safekeeping procedures shall be reviewed
annually by the indepe,ndent auditor.
ETHICS
Employees involved in the investment process shall refrain from personal business activity that
would conflict with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions. They shall disclose to the City Manager any
material financial interests in institutions that conduct business within this jurisdiction, and they
shall further disclose any large personal financial/investment positions that could be related to the
performance of the jurisdiction's portfolio. These employees shall subordinate their personal
investment transactions to those of this jurisdiction, particularly with regard to the timing of
purchases and sales.
REPORTING: INTERIM AND ANNUAL
The Senior Accountant shall semi-annually submit an investment report that summarizes recent
conditions and developments. The report shall summarize the investment strategies employed in
the most recent semi-annual period. The report shall explain the semi-annual investment return
and compare the return with expected returns.
Each semi-annual report shall indicate any areas of policy concern and suggested or planned
revision of investment strategies. Copies shall be made available to the independent auditor.
Within 120 days of the end of the fiscal year, the Director of Finance shall present a comprehen-
sive annual report on the investment program and investment earnings. The annual report may
suggest policies and improvements that might be made in the investment program.
RELATIONSHIPS WITH FINANCIAL INSTITUTIONS AND DEALERS
In selecting depositories, the creditworthiness of the institutions will be considered. Banks and
savings and loan associations seeking to establish eligibility for the City's competitive certificate
of deposit purchase programs shall submit information to the Finance Director. For brokers and
dealers of government securities, the City shall select only government securities dealers that
report daily to the New York Federal Reserve Bank, or are members of the National Association
of Securities Dealers (NASD), unless a credit and capitalization analysis reveals that other firms
are adequately financed to conduct public business.
INDEMNIFICATION OF INVESTMENT OFFICIALS
Sections 12C.8 and 12C.24 of the Code of Iowa exempts the Council, its agents and City
employees from personal liability from losses of a depository in absence of negligence,
malfeasance, misfeasance, or non-feasance.
XV. INVESTMENT POLICY REVIEW AND AMENDMENT
This Investment Policy shall be reviewed every two years or more frequently as appropriate.
Notice of amendments to the Investment Policy shall be promptly given to all parties noted in
Section 1.
a:Lqnadm~invest.pol
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 4, 1997
City Council
Don Yucuis, Finance Director
Amending the City of Iowa City Investment
Policy
A resolution to amend the investment policy is included on the September 9, 1997 City Council
agenda. The changes are minor. Below is a summary of the changes:
Section I1: Objectives - Because the City is able to invest a little further out than in prior
years, the objective of regularly exceeding the average return on U.S. Treasury bills is being
changed from three months to six months.
IV: Instruments - Deleted the types of investments for prime bankers' acceptances,
commercial paper, and repurchase agreements because we have not utilized these and do
not foresee using them in the near future.
· V: Risks - Changed the last paragraph in this section to better explain what is actually
happening on a day-to-day basis regarding cash flow monitoring.
VI: Diversification (Paragraph #1) - Added in "maturity shall be set to meet City operating
requirements." Also in the distribution of maximum percent of portfolio by investment type
deleted "prime bankers acceptances, commercial paper and repurchase agreements."
· IX: Controls - Deleted the reference to investment committee as the City does not have an
investment committee.
· XIh Reporting: Interim and Annual - Changed the reporting from quarterly to semi-annual.
· Various references to Iowa Code chapters were changed to refer to Chapters 12B and 12C
rather than 452 and 453.
Please call me at 356-5052 if you have any questions regarding these changes.
jw/mem/dy-inves.doc
FILED
SEORET/tRY OF STATE
iOWA
23 I0
Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 356-5232
RESOLUTION NO. 97-311
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN AND
SURROUNDING JOHNSON COUNTY, IOWA FOR THE PROVISION OF MUTUAL
AID FIRE PROTECTION.
WHEREAS, the fire departments or fire districts of all the parties named in the incorporated
28E agreement are members of the Johnson County Mutual Aid Association; and
WHEREAS, the stated purpose of the Association is to provide mutual aid in fire protection,
fire prevention, hazardous material releases, emergency medical services and rescue; and
WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would
exhaust the available firefighting equipment and personnel maintained and provided by any
one of the parties named in the incorporated 28E agreement; and
WHEREAS, in such a situation that availability of additional firefighting personnel and
equipment from outside sources might well avert disastrous results; and
WHEREAS, Chapter 28E of the Code of Iowa (1997) provides that powers, privileges, or
authority exercised by a public agency of this state may be exercised jointly with any other
public agency of this state having such powers, privileges, and authority by entering into
agreements to cooperate for their mutual advantage; and
WHEREAS, the City of Iowa City has negotiated the attached 28E agreement with the other
cities and independent fire districts for the provision of mutual aid fire protection, which is in
the public interest.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign
and the City Clerk to attest the attached 28E Agreement between the City of Iowa
City and certain other cities and independent fire districts in and surrounding Johnson
County, Iowa for the provision of mutual aid fire protection.
Upon execution of the attached 28E agreement by all parties to said agreement, the
City Clerk shall certify a copy of this Resolution and the agreement shall be filed with
the Secretary of State and recorded with the Johnson County Recorder.
3
Resolution No, 97-311
Page 2
Passed and approved this 9th day of September
, 1997.
MAYOR
Approved by . ///
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Kubby
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
AGREEMENT FOR MUTUAL AID FIRE PROTECTION
IN AND SURROUNDING JOHNSON COUNTY, IOWA
THIS AGREEMENT is made pursuant to Chapter 28E, Code of Iowa, between any
and all of the following: City of Coralville, Iowa; City of Hills, Iowa; City of Iowa
City, Iowa; City of Lone Tree, Iowa; City of North Liberty, Iowa; City of Qxford,
Iowa; City of Riverside, Iowa; City of Shueyville, Iowa; City of Solon, Iowa; City of
Swisher, Iowa; City of Tiffin, Iowa; City of University Heights, Iowa; City of West
Branch, Iowa; Fremont, Lincoln and Pleasant Valley Fire Association; Tiffin Fire
Association; Jefferson-Monroe Fire Department, Inc.; Kalona Volunteer Fire
Department; and Tri-Township Fire Department.
WHEREAS, the fire departments or fire districts of all the undersigned parties are
members of the Johnson County Mutual Aid Association; and
WHEREAS, a stated purpose of the Association is to provide mutual aid in fire
protection, fire prevention, hazardous material releases, emergency medical service,
and rescue; and
WHEREAS, occasions may arise whereby extra alarm fires or other emergencies
would exhaust the available firefighting equipment maintained by one of the parties
herein; and
WHEREAS, in such a situation the availability of additional firefighting personnel
and equipment from outside sources might well avert disastrous results; and
WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges, or
authority exercised by a public agency of this state may be exercised jointly with
any other public agency of this state having such powers, privilege, and authority;
and
WHEREAS, the parties hereto are desirous of entering into a 28E agreement to
render fire and emergency assistance upon a reciprocal basis.
THEREFORE, THE PARTIES HERETO mutually agree to give fire and emergency
assistance when needed on a reciprocal basis under the following terms and
conditions:
SECTION I. AUTHORITY TO RESPOND TO PROVIDE ASSISTANCE
The power to make a request for assistance or to provide aid under this agreement
shall reside in the member department fire chief or his official designee only. For
purposes of this agreement, the "requesting department" shall mean the fire chief
or designee asking for assistance and the "responding department" shall mean the
2
fire chief or designee sending assistance. Any member department shall have the
right to request assistance from any other member department or departments,
subject to the terms and conditions of this agreement. For the purpose of this
agreement, the terms "member department" and "member" shall mean the fire
department of the respective parties hereto.
SECTION II. SITUATION WHERE ASSISTANCE IS REQUESTED
A member department may request assistance from another member department
only when the requesting department has concluded that such assistance is
essential to protect life and/or property at a location afforded fire protection, fire
prevention, hazardous material releases, emergency medical service, and rescue
service by the requesting department.
SECTION III. RESPONSE TO REQUEST
Upon request, a responding department, upon determination that an emergency
situation exists and subject to the availability of personnel and equipment, shall
dispatch personnel and equipment to aid the requesting department.
SECTION IV. PERSONNEL AND EQUIPMENT PROVIDED
The requesting department shall include in its request for assistance the amount
and type of equipment and number of personnel required, and shall specify the
location where the personnel and equipment are needed.
The final decision on the number and the amount and type of equipment to be sent
shall be solely that of the responding department. The responding party shall be
absolved from liability in connection with all acts associated herewith provided that
the final decision is made with reasonable diligence.
No member department shall make any claim whatsoever against another member
department for refusal to send the requested equipment or personnel where such
refusal is based on the judgment of the responding department that such personnel
and equipment are needed to protect the district of the responding department.
SECTION V. COMMAND AT FIRE SCENE
The responding department personnel and equipment shall report to the command
officer of the requesting department who shall be in charge at the incident location
unless he/she specifically relinquishes this authority to another officer. The
command officer shall have the power to issue reasonable orders and directives,
and responding officers will then act on said orders.
3
The responding department personnel and equipment shall be released by the
requesting department when the services of the responding department are no
longer required or when the responding department personnel and/or equipment are
needed in their home districts. Responding district personnel and equipment may
withdraw from the requesting district upon giving notice to the command officer at
the incident location that they are needed in their home district.
It is understood that the purpose of this section is to maintain order at the incident
scene and shall not be construed to establish an employer/employee relationship.
SECTION Vl. NO REIMBURSEMENT FOR COSTS
No member department shall be required to reimburse any other member
department for the cost of providing the services set forth in this agreement. Each
member department shall pay its own costs (salaries, repairs, materials,
compensation) for responding to the requests of other member departments.
However, the requesting department shall provide without charge, such additional
fuel as may be required by the responding department to carry on the combined
efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel
tanks before they return to their home district. Further, the requesting department
shall reimburse the responding department(s) for the cost of special materials, such
as but not limited to, foam or other special materials, specifically requested by the
requesting department and which are provided by the responding department and
utilized at the site of assistance.
SECTION VII. LIABILITY
Employees of any member department acting pursuant to this agreement shall be
considered as acting under the lawful orders and instructions pertaining to their
employment with their member department. Under no circumstances are they to
be considered employees of any other jurisdiction, but rather shall be considered to
be employees of their member department.
Each party hereto shall bear the liability and/or cost of damage to its member
department's equipment and the death of or injury to its member department's
personnel, whether the death, injury or damage occurs at an incident in the
member's own fire protection area, or in a fire protection area where the firefighter
is working as a member of a responding department. Each party shall provide
appropriate and reasonable insurance for its member department's personnel who
may suffer injury, disability, or death and/or are involved in loss or damage to
private property, and/or death of or injury to private individuals in the performance
of official duties while assisting another member department under the terms of
this agreement and shall supply proof of such reasonable insurance to the other
parties hereto by providing a certificate thereof.
4
Each party hereto shall be responsible for defending against claims made against it
or its member department or personnel and arising from its participation in this
agreement. The parties hereto shall not be obligated by this agreement to defend
against claims made against other parties hereto, or against the member
departments or personnel of said parties.
SECTION VIII. TOWNSHIP AGREEMENTS
The cities and independent fire districts which are parties hereto and which have
fire protection agreements with each other wherein the independent fire district is a
public safety provider for the respective city agree to maintain such agreements in
force, and to provide copies of same to the other parties upon request, thereby
making them part of this agreement, and by promptly notifying in writing the other
parties of any amendment, renewal, or termination of such agreements. In the
event such an agreement lapses, there shall be no further obligation by the other
parties hereto to respond to a request for assistance within the fire protection area
covered by such lapsed agreement.
SECTION IX. TERM OF AGREEMENT
This agreement shall be in full force and effect upon execution by all parties hereto
and the filing and recording thereof as provided in Section 12. The agreement shall
have a term of three (3) years from the date of execution and thereafter shall
continue in effect from year to year. The agreement may be amended by
agreement of all parties. Any party may withdraw from the agreement by giving
thirty (30) days written notice to each of the other parties hereto by certified mail,
in which case said notifying party shall be deleted from further operation of the
agreement.
SECTION X. ADMINISTRATION OF AGREEMENT
This agreement shall be administered by the Johnson County Mutual Aid
Association, which shall periodically review said agreement and attempt to resolve
any problems which may arise in carrying out said agreement.
SECTION Xl. NOTICES
Any written notice as required in this agreement shall be sent to the address of the
respective parties as shown on the execution portion of this agreement.
5
SECTION XII. PRIOR FIRE MUTUAL AID AGREEMENTS
This agreement supersedes any and all prior fire mutual aid agreements between
and among the parties or their respective member departments.
SECTION XIII. FILING AND RECORDING
Upon execution by all parties hereto, this agreement shall be filed with the
Secretary of State and recorded with the Johnson County Recorder.
IN WITNESS THEREOF, the parties hereto have duly executed this agreement
effective on the date(s) as shown below.
CITY OF IOWA CITY, IOWA
Iowa City Civic Center
410 E. Washington Street
Iowa City, IA 52240
By:
Attest:
Date:
September 9, 1997
CITY OF CORALVILLE, IOWA
Coralville City Hall
1512-7th Street
Coralville, IA 52241
Attest:
Date:
By:
Attest:
Date:
JEFFERSON-MONROE FIRE
DEPARTMENT, INC. '
Swisher, IA 52338
(As a Fire Protection Provider for
the City of Swisher, IA, and the
City of Shueyville, IA)
CITY OF SWISHER, IOWA
Swisher City Hall
Swisher, IA 52338
CITY OF SHUEYVILLE, IA
Shueyville Community Bldg.
Rural. Route 2 ~'~ ~ ~'~L'-~r ~ ~.-.
Cedar Rapids, IA 52401
By:
Attest:
Date:
6
By:
Attest:
Date:
CITY OF UNIVERSITY HEIGHTS, IA
c/o City Clerk
"207 Golfvicw Avonu-e" .~'o.~ /~,~eu,'e~.., rf~,~
,owa Cit , ,^P
CITY OF LONE TREE, IA
Lone Tree City Hall
Lone Tree, IA 52755
FREMONT, LINCOLN & PLEASANT
VALLEY FIRE ASSOCIATION
Lone Tree, IA 52755
(As a Fire Protection Provider for the
City of Lone Tree, IA)
Attest:
Date:
CITY OF TIFFIN, IA
Tiffin City Hall
Tiffin, IA 52340
TIFFIN FIRE ASSOCIATION
Tiffin, IA 52340
(As a Fire Protection Provider for the
City of Tiffin, IA)
Attest:~,~ ,~ · ~'~
Date: If'/- { '~- ~7
By:
Attest:
Date:
CITY OF OXFORD, IA
Oxford City Hall
Oxford, IA 52322
By:
Attest:
Date:
CITY OF RIVERSIDE, IA
Riverside City Hall
Riverside, IA 52327
CITY OF WEST BRANCH, IA
West Branch City Hall
West Branch, IA 52358
Attest:
Date:
KALONA VOLUNTEER FIRE
DEPARTMENT
Kalona, IA 52247
CITY OF NORTH LIBERTY, IA
North Liberty City Hall
North Liberty, IA 52317
CITY OF HILLS, IA
Hills City Hall
Hills, IA 52235
By:
Attest:
Date:
//
~//o - D ,~- 9'7
8
CITY OF SOzlLON, IA
Solon City J/lall ",? /)
Solon, IA~/523;33 ,,/ ~ ,/,/ Solon, IA
Attest' / - ,~ -" ~,,, / Attest'
Date: {'~ - ~ %-1 Date:
TRI-TOWNSHIP FIRE DEPARTMENT
52333
PAUL D. PATE
SECRETARY OF STATE
FEBRUARY 23, 1998
HOOVER BUILDING
STATE OF IOWA
DES MOINES, IOWA 50319
TEL (515) 281-5204
FAX (515) 242-5953
MARIAN K. KARR
CITY OF IOWA CITY
410 E WASHINGTON ST.
IOWA CITY, IA. 52240-1826
RE: Filing of 28E Agreement between the THE CITY OF IOWA
CITY, IA. and the & CERTAIN OTHER CITIES & FIRE DIST. IN
JOHNSON CO.
Dear Ms. KARR:
We have received the above described agreement which
you have submitted to this office for filing, pursuant to
the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of FEBRUARY 23,
1998.
Sincerely,
Paul D. Pate
Secretary of State
PDP/mdb
Enclosures