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Home My WebLink About2005-06-07 Resolution Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 05-192 RESOLUTION SE'i-rING A PUBLIC HEARING ON JUNE 21, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 TRAFFIC SIGNALIZATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21sT day of June, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th dayof June ,20 05 MAYOR ? Approved by CI~LERK "' '(~i~Atto~ney s Office pwengVes~2OO5trafficnph.doc 9/99 Resolution No. 05-1_92 Page 2 It was moved by Bai I e~v and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey, Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ross Spilz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 05-193 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 21, 2005 ON PLANS, SPECIFICATIONS, 'FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MISSING LINK TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public headng on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21sT day of June, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th day of June ,20 05 MAYOR i'P~ ~ Approved by ~I'r~CLERK (~ity J~t~or~ey's ~ffice pweng\res~lmissingiinktrailnph,doc 9/99 Resolution No. 05-193 Page ;~ It was moved by Bai ley and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 05-194 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE HIGHWAY 6 IMPROVEMENTS PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT, AND SETTING DATE OF PUBLIC HEARING. WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Highway 6 Improvements Project, which includes widening Highway 6 and installing turn lanes from Lakeside Drive to just beyond 420th Street, which project is to be known as the Highway 6 Improvements Project; and WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project aid authorizing the acquisition of property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation ~;howing the proposed location of the Highway 6 Improvements Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Highway 6 Improvements Project and to acquire property rights, therefore is to be held on the 19"' day of July, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form; said publication to be published in a newspaper published at least once weekly and havipg a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Resolution No. 05-Z94 Page 2 Passed and approved this 7th day of June ,20 MAYOR ....... '~Approved by ATTEST: City ,~tt~)r~ey's (~ffice It was moved by Bai ] e.v and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey ChamPion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng/res/~impmms,doc NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE HIGHWAY 6 IMPROVEMENTS PROJECT TO: Russell A. Gerdin 2777 Heartland Drive Coralville, IA 52241 Chapter 6B of the Iowa Code requires a governmental body, which proposes to acquire property rights under power of eminent domain for a public improvement project, to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Highway 6 Improvements Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves widening Highway 6 and installing turn lanes from Lakeside Drive to just beyond 420th Street. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include 'a temporary construction easement, a permanent easement, and/or a fee simple par~cel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if 2 necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 19th day of July, 2005 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Highway 6 Improvements Project please contact the following person: Daniel Scott, Project Engineer ~ City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5144 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article 1, Section 18) 3 b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (lowa Code 9§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code 96B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your properly. (Iowa Code 96B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code 96B.3 (1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code 99 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code 9 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code 99 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §9 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code 96B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code 9 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code 9316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney-of your choice. Marian K. Karr City Clerk Prepared by:Marcia Klingaman, Neighborhood Sew., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 05-195 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS, WHEREAS, the City Council allocated $15,000 for Fiscal Year 2006 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood, and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations have been responsible for: -developing the criteria and format for the grant application, -establishing a method of evaluating the applications, -reviewing and evaluating the applications, -submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year to ensure appropriate expenditure, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has reviewed the applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2005. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Passed and approved this 7th day of June ,20 05 MAYOR ~roved ATTEST: /~,~-~'-z'~-) '~- ~/"/~'~/ ClT'~LERK City Attorney's Office Neighbor\res\pin2005.doc Resolution No. 05-195 Page 2 It was moved by Ra i l~_~v and seconded by Vanden-hoe1: the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn (Exhibit A) 2005 PROGRAM FOR IMPROVING NEIGHBORHOODS (PIN) GRANT APPLICATIONS MELROSE NEIGHBORHOOD ASSOCIATION Brookland Park Master Plan $2400 SOUTHWEST ESTATES NEIGHBORHOOD ASSOCIATION Weber School Playground $5000 NORTHSIDE NEIGHBORHOOD ASSOCIATION Happy Hollow Playground Equipment $3500 MILLER ORCHARD NEIGHBORHOOD ASSOCIATION Benton Hill Park Kickoff Celebration $1000 GALWAY HILLS NEIGHBORHOOD ASSOCIATION Street Trees $2500 WETHERBY FRIENDS AND NEIGHBORS Saturday Night Drive-In $600 TOTAL $15,000 Neighbor\res\pin2005.doc Prepared by: Marcia Klingaman, Neighborhood Services planner, 410 E Wash ngton St., Iowa City, IA 52240, (319) 356-5237 RESOLUTION NO. RESOLUTION G DISTRIBUTION OF THE "PROGRAM FOR IMPROVING BORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council $15,000 for Fiscal Year 2006 for the purpose of funding grants to neighborhood associati( they could make improvements in their neighborhood, and WHEREAS, the Neighborhood uncil, a body representinJ~ leaders of the neighborhood associations have been responsi~ kX / \ -de.ve.l.o.~ c Ir'.t.eda. i a_n(i 11at'reeSvt~eDwll~a emveat~n°~~/ea uatir ~r the grant application, le applications, IS, ,/ -submitting this request to the City for their and WHEREAS, the Neighborhood Council will the progress of the grant activities throughout the year to ensure appropriate WHEREAS, the Neighborhood Services be responsible for ensuring the adequate completion of the projects and authorizing NOW, THEREFORE, BE IT RESOLVED BY CITY OF THE CITY OF IOWA CITY, IOWA, THAT: City Council has reviewed the a and recommendation of the Neighborhood Council 1. The for the distribution of funds as outlined Exhibit A and finds th'~ funding of projects shown to be appropriate, so that the commencem~ of these projects can be~n July 1, 2005. 2. The Neighborhood Services is authorized to administer the funds by confirming completion of the improvements a~ disbursement of fund~, Passed and approved this 3rd day, 2005. MAYOR CITY CLERK City Attorney's Office' RESOLUTION NO. Page 3 (Exhibit A) ' ~ 2005 PROGRAM FOR IMPROVING NEIGHBORHOOD: GRANT APPLICATIONS MELROSE NEIGHBORHOOD ASSOCIATION Brookland Park Master Plan $2400 LONGFELLOW NEIGHBORHOOD~ ASSOCIATION Sheridan Avenue Sidewalk Completioh,~ $2000 SOUTHWEST ESTATES NEIGHBORHOO~ASl Weber School Playground ~ $4500 NORTHSlDE NEIGHBORHOOD ASS(: Happy Hollow Playground Equipment $3000 MILLER ORCHARD NEIGHBORHOO ASSOCIATIO~\~\'~ Benton Hill Park Kickoff Celebration '\x,~, $500 GALWAY HILLS NEIGHBORHOI ASSOCIATION Street Trees $2000 WETHERBY FRIENDS AN GHBORS Saturday Night Drive-In \ $600 TOTAL / , $'15,000 neighbor/res/PIN RESO6.do/ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-196 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY A WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and water main improvements for Windsor Ridge - Part Twenty A, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have 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 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 7th day of 0une ,20 05 MAYOR ~ r~ ~ ~-6'~ .... "~Approved by ^ s T- ClT~CLi::RK ' 'Cite htt~rr('ey's Office It was moved by Bailey and seconded by Va nd~rhnp'F the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell }C Vanderhoef ](- Wilburn pweng/res/Windsor-20A.doc CII¥ o[ iowa CI1¥ 410 East Washington Strcct Iowa City, Iowa 52240-1826 (319) 356 5000 (319) 356-5009 [AX www.icgov.org ENGINEER'S REPORT May 27,2005 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Twenty A Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Windsor Ridge - Part Twenty A 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 and water main 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, Ronald R. Knoche, P.E. City Engineer pweng\letters\Windsor-20A.doc Prepared by: Ron Knoche, City Engineer 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO, 05-197 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH GILBERT STREET IMPROVEMENTS - WATER MAIN RELOCATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the South Gilbert Street Improvements - Water Main Relocation, as included in a contract between the City of Iowa City and Carter-Kirkpatdck Services, Inc. of North Liberty, Iowa, dated March 22, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $39,291.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of ~lune ., 20 05 MAYOR ,~,~5~,!~ - ' Approved by CIT'~CLERK Uity Attorney s Office It was moved by 13a'i 1 e.y and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ){ Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng\res~acptwork-sgilbe,lwatermain.doc City of Iowa City MEMORANDUM Date: June 1, 2005 To: Steve Atkins From: Kim Johnson~ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the June 7th Council meeting: 1) South Gilbert St. Improvements - Water Main Relocation Project Contractor: Carter-Kirkpatrick Services, Inc. o:o Project Estimated Cost: $ 46,000.00 °:o Project Bid Received: $ 38,430.00 · :o Project Actual Cost: $ 39,291.00 CITY OF IOWA CITY 4]0 East Washington Street Iowa City, iowa $2240-]826 1319) 356-$000 (319) 356 SO09 FAX www.icgov.org ENGINEER'S REPORT June 7,2005 City Clerk City of Iowa City, Iowa Re: South Gilbert Street Improvements - Water Main Relocation Project Dear City Clerk: I hereby certify that the construction of the South Gilbert Street Improvements - Water Main Relocation Project has been completed by Carter Kirkpatrick Services of North Liberty, IA in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineer's Office. The final contract price is $39,291.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 05-198 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 77, WALDEN WOOD PART 6, AND DECLARING 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 Lot 77, Walden Wood Part 6, as constructed by Carter-Kirkpatrick Services, Inc. of North Liberty, Iowa. Paving improvements for Lot 77, Walden Wood Part 6, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said 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 7th dayof June ,20 05 MAYOR P~:E;?!~5 It was moved by Bai ley and seconded by Vanderhoef the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef × . Wilburn pwe ng/res,NValdenWood 6.doc ENGINEER'S REPORT May 31,2005 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 77, Walden Wood Part 6 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Lot 77, Walden Wood Part 6 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 Carter-Kirkpatrick Services, Inc. of North Liberty, 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, Ronald R. Knoche, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (ANN05-00001) RESOLUTION NO. 05-199 RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 29.7 ACRES OF TERRITORY LOCATED NORTHEAST OF HIGHWAY 218 ADJACENT TO DEER CREEK ROAD IN NORTHWEST IOWA CITY. WHEREAS, the Owners, Clear Creek L.L.C. and Beverly Horton are the owners and legal title holders of approximately 29.7 acres of properly located nodheast of highway 218 adjacent to Deer Creek Road in nodhwest Iowa City; and WHEREAS, as the property is within the growth area of the City of Iowa City; and WHEREAS, the property is part of the Clear Creek Master Plan, which has been endorsed by the City of Iowa City; and WHEREAS, Beverly Horton, Owner of the approximate I acre residential property in the annexation area has requested the transition of the City portion of property taxes; and WHEREAS, the City Council of the City of Iowa City wishes to transition the City property tax levy as is permitted in State Code for the Horton property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be annexed to the City of Iowa City: A PART OF THE NORTHWEST ¼ OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TM PM, IN JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ¼ CORNER OF SAID SECTION 12 ; THENCE SOUTH 0000'42'' WEST ALONG THE EAST LINE OF SAID NORTHWEST %, A DISTANCE OF 481.96 FEET; THENCE NORTH 89°59'18" WEST 308.22 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0000'42'' WEST, 1403.14 FEET; THENCE NORTH 90000'00'' WEST, 155.37 FEET TO A POINT ON THE NORTHEAST RIGHT-OF-WAY LINE OF HIGHWAY 218; THENCE NORTH 47031'27'' WEST ALONG SAID RIGHT-OF-WAY LINE, 2037.52 FEET; THENCE NORTH 89o03'32'' EAST, 1658.67 FEET TO THE POINT OF BEGINNING. 2. The City Clerk is hereby authorized and directed to certify, file, and record alt necessary documents as required by Iowa law under Section 368.7 (2005) at the City's expense. 3. Further, the City Clerk is hereby authorized and directed to certify to Johnson County and the State Treasurer that the population of the territory being annexed is two persons. Resolution No. 05-199 Page 2 4. The City of Iowa City will transition the imposition of the City properly tax levy according to the following schedule for the Horton property as described below: Lot 1 of Horton's First Addition, as recorded in the Recorder's Office of Johnson County, Iowa. First year: 75% discount Second year: 60% discount Third year: 45% discount Fourth year: 30% discount Fifth year: 15% discount Sixth year: 0% discount 5. Appropriate City staff are hereby authorized and directed to certify and file all documents necessary for the transition of the City property tax levy for the approximate one acre parcel as described and outlined herein. Passed and approved this 7th day of June ., 20 05 · MAYOR ?~.,,~: !~5 CI~LERK ' ' d~ A~o~e~ O~ It was moved by Vandet'hoef and seconded by 0'Donne1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadm/res/deercreekrd.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: ANN05-00001 / REZ05-00006 Date: April 21, 2005 Annexation of Clear Creek LLC & Horton properties GENERAL INFORMATION: Applicant: City of Iowa City Cio Planning Department 410 E Washington Street Iowa City, IA 52240 Contact Person: Karin Franklin Phone: 356-5230 Requested Action: Annexation and rezoning Purpose: To allow property to be incorporated into the City of Iowa City Location: North east of Highway 218 Deer Creek Road Size: Approximately 29.7 acres Existing Land Use and Zoning: Undeveloped & one residence; County Residential Surrounding Land Use and Zoning: North: Undeveloped; County Residential South: Highway 218 & Deer Creek Road ' East:Undeveloped ;ID-ORP West: Highway 218 & Deer Creek Road Comprehensive Plan: The general Comprehensive Plan does not address this property, and a more detailed district plan for this area has not been completed. The Clear Creek Master Plan identifies this property as commercial. File Date: April 5, 2005 45 Day Limitation Period: N/A BACKGROUND INFORMATION: In May 2002, the City Council adopted by resolution (RES. 02-183) a Memorandum of Understanding endorsing the Clear Creek Master Plan. This plan envisions the development of approximately 462 acres north of Melrose Avenue, east of Highway 218 and south of Clear Creek in Coralville. The proposed development include residential and commercial uses, with the commercial development focused along the Highway 218 right-of-way and in a commercial node near the center of the area. The remainder of the area is proposed to develop with a variety of residential uses. The Planning and Zoning Commission reviewed and recommended endorsing the Clear Creek Master Plan in April 2002. The Memorandum of Understanding was also adopted by the City of Coralville and includes an agreement to cooperate on the construction of a new alignment of Camp Cardinal Road. Camp Cardinal Road will serve as the main arterial street access to this developing area, as well as providing a north-south arterial street connection between Iowa City and Coralville. The owner of the majority of this 29.7 acre property is owned by Clear Creek LLC, whose representatives have requested annexation to Iowa City. A one acre parcel of the annexation area is owned by Beverly Horton, who has also consented to annexation to Iowa City. ANALYSIS: ANNEXATION The annexation policy in the Comprehensive Plan states that annexations are to occur primarily through voluntary petitions filed by property owners. In addition the Comprehensive Plan establishes three criteria under which to review annexation requests. 1. The area under consideration for annexation falls within the adopted long range planning boundary. The area proposed for annexation falls within the adopted long range planning boundary in Iowa City. Land just to the north of this property was recently annexed by the City of Coralville. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. Annexation of this property is consistent with the Clear Creek Master Plan. Infrastructure will be extended by private development interests, and there should not be an undue burden on the City for allowing this property to be annexed to the City of Iowa City. 3. Control of development is in the City's best interest. Given that this property is within the City's growth area, and is located adjacent to Highway 218 in an area proposed for commercial development, control of development is in the City's best interest. 3 The conditions for voluntary annexation appear to have been met. The Comprehensive Plan states it is the intent of the City to look favorably on voluntary annexation proposals within the designated growth area. The owner of the one-acre property, Ms. Herren, has requested that the City levy portion of property taxes for her property be transitioned so the immediate burden of increased property taxes is less severe. State Code allows the City levy of taxes to be graduated on 25% of the assessed property value the first year; 40% the second year; 45% the third year; 70% the fourth year; and 85% the fifth year. The County and School District portions of the tax levy would be unchanged. Given the residential nature of the Horton property (compared to the Southgate property) and its small size (one acre) staff recommends the City portion of the tax levy be transitioned according to what is permitted by State Code. REZONING Access: The property is accessed by Deer Creek Road, a gravel road that would become part of Iowa City once this property is annexed. As part of the recently agreed-to 28E agreement between Johnson County and Iowa City, Johnson County is responsible for maintenance of Deer Creek Road 'from Melrose Avenue to the north city limits', except that Iowa City is responsible for dust control. Once development is proposed on this property, the right-of-way for Deer Creek Road will need to be dedicated to the City as public right-of-way. Consistent with the terms of the road maintenance agreement, staff will contact Johnson County representatives to determine interest in amending the agreement due to this annexation. Given that no development and no infrastructure improvements are proposed at this time, Interim Development (ID) zoning is appropriate for this property. The existing single family residence is permitted to remain. Any additional development on either the Clear Creek property or the Herren property would require a subsequent rezoning and development proposal. Because adjacent properties are zoned Interim Development - Office Research Park (ID-ORP), and the long-range use of this property is expected to be commercial, staff recommends this property be zoned ID-ORP at this time. STAFF RECOMMENDATION: Staff recommends that ANN05-00001, a proposed annexation of approximately 29.7 acres of property located north and east of Highway 218 and Deer Creek Road, be approved, and for the Herren property, the city portion of the property tax levy be transitioned according to what is permitted by State Code. Staff recommends that REZ05-00006, a rezoning of approximately 29.7 acres of property located north and east of Highway 218 & Deer Creek Road, from County Residential to Interim Development - Office Research Park, ID-ORP, be approved. Approved Karir~ Franklin: Director, Dep~rtment of Planning and Community Development ID-RS RR1 SITE LOCATION: Clear Creek Annexation ANN05-O0001 REQUEST FOR VOLUNTA/tY ANNEXATION Clear Creek LLC, owner of certain property located in Johnson County, Iowa, hereby requests that that property be annexed by the City of Iowa City, on a voluntary basis. Attached hereto is a legal description of the property, along with a map showing the general location of the property to be annexed. Date: c~-~-O~ CLEAR CREEK LLC by: Teresa L. Morrow, Manager STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the '~---~ day of February, 2005 by Teresa L. Morrow, as Manager of Clear Creek LLC. (Stamp or Seal) No~t~ in and ~ ~ C. Joseph Holland or the State .~ Iowa Notadal Seal °~[1~ j Commission number 141011 My Commission Expires L ....... ~ a ~-T-2J' -2-°-° 5 ...... - \\Server\sharedkWPDOCSkLLC\Clear Creek, L.L.C\Request for Voluntary Annexation.wpd REQUEST FOR VOLUNTARY ANNEXATION I, Beverly Elaine Horton, owner of the property described as Lot 1 of Horton's First Addition in Johnson County, Iowa, hereby request that this property be annexed by the City of Iowa City on a voluntary basis. The parcel number of this property is 1112203001. Furthermore I request that the City property taxes be phased in according to tax transition schedule in State Code for this property. Date: /J/'_ ~C'_ d~' Signature Beverl~c,~faine Horton This instrument was acknowledged before me on the ,~-"il day of .¢~,¢~-;// , 2005, by Beverly Elaine Hodon, as owner of Lot 1 of Ho~on's First Addition. ' .J SOND~E FORT J ' lcommJssion Number 5 l '~ '1 My Commission E~ires J ~l ~, ~- ? I Notaw Public in and for the State of Iowa Ppdadm/ho~onvolannex,doc Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB05-00005) RESOLUTION NO. 05-200 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the subdivider, Steve Kohli, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Brookwood Pointe Subdivision; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat 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 Brookwood Pointe Subdivision, Iowa City, Iowa, is hereby approved. 2. 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 7th day of //~.,~ ~, 20 f}.~ . MAYOR P~;~i~ ~-~P~)roved by CITY'CLERK '~it~'At~'orney~s Office It was moved by O'nrmne'l '1 and seconded by £hampion the. Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdadmin\res~brookwood.doc MEMORANDUM DATE: June 1, 2005 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinator RE: Investment Policies for CDBG and HOME Funds At the May 2~'d and 16th work sessions, the City Council discussed investment policies for CDBG- funded public facilities projects. Specifically, the Council requested that staff prepare a public facilities policy, based on the Council's discussions, for consideration on June 7. The resolution on the June 7 City Council agenda includes staff's recommendation for public facilities projects and also includes housing, economic development and public service investment policies that have previously been discussed by Council and are currently utilized. This resolution will formalize all of these policies and gather them into one document. Public Facilities The current policy is to provide CDBG funding for public facilities projects as a "Conditional Occupancy Loan" (COL). A COL is essentially an interest free, 99-year lien on real property that will be paid back to the City's CDBG account at some point in the future when the subrecipient no longer provides services or disposes of the real property. At the work sessions, Council agreed to consider a revision to the existing policy that would continue to promote the efficient use and re-use of CDBG funds, while allowing CDBG assistance to be granted to projects over time. Staff is recommending that all public facilities projects qualify for an "Earned Grant". An Earned Grant would essentially be a grant that is forgiven over time based on the amount of CDBG assistance the project receives. The "Earned Grant Formula" in the resolution sets the rate for the term of compliance to be one year for each $3,000 in CDBG assistance. For example, a project receiving $17,000 in CDBG funds would have a compliance term of 5.67 years or 68 months ($17,000 total CDBG funds divided by $3,000 annual forgiveness). Housing The resolution also contains the policies for housing projects that have previously been accepted by the City Council. The additions to the housing policies are for Tenant Based Rent Assistance (TBRA) and downpayment assistance to homebuyers that the City Council discussed and agreed to on May 16. Economic Development In September 2003, the City Council discussed the investment parameters for economic development projects. At that time the Council Economic Development Committee was empowered to recommend the investment terms for CDBG funds on a case-by-case basis with final approval by the Council. Public Services These activities are typically operational funding for human service agencies. As such, CDBG assistance is essentially a one-year grant. Please note that the bulk of the CDBG public service funds are distributed by the City Council through the Aid to Agencies budget. June 1, 2005 Page 2 Prior Year CDBG and\or HOME Projects The investment policies adopted by the City Council through this resolution will be applicable to FY06 and future activities and not retro-active to prior year projects. To address this issue the resolution states that "CDBG and\or HOME projects funded in FY2005 and years prior thereto arc not affected by the adoption of this resolution and changes to the terms of those agreements will not be entertained". FY06 Waiver Requests Not Covered by the CDBGLHOME Investment Policy In the May 3 City Council packet there was a memorandum that detailed all of the waiver requests that were being made by FY06 recipients. The new investment policies for public facilities projects will address the majority of these waivers. However, if the policy is adopted as proposed the following waiver requests for housing projects will be denied. · Extend the Dream - Rental Housing. The current housing policy calls for a 0% amortized loan for this project. Extend the Dream Foundation has requested a Conditional Occupancy Loan. The Council Economic Development Committee recommended that all funding for this project be in the form of Conditional Occupancy Loan. · Greater Iowa City Housing Fellowship (GICHF) - Homeownership. The new policy on homeownership projects allows for a 0%, 20-year balloon loan that is repaid to the City at the end of 20 years or when a property is sold or rented, whichever comes first. GICHF is requesting that the CDBGLHOME funds be in the form of a forgivable loan (a.k.a. Earned Grant). · Greater Iowa City Housing Fellowship (GICHF) - Rental Housing. The current housing policy specifies a 0% amortized loan for a term up to 30 years. GICHF is requesting that the FY06 funds be part loan and part grant. The no-interest loan would be in the amount of $120,384 and the grant would total $54,616. · Habitat for Humanity - Homeownership. The new policy on homeownership projects allows for a 0%, 20-year balloon loan that is repaid to the City at the end of 20 years or when a property is sold or rented, whichever comes first. Habitat for Humanity is requesting that the CDBGLHOME funds be in the form of a grant that is forgiven over time (a.k.a. Earned Grant). The investment policy as proposed does not include a waiver provision. If Council chooses to include such a provision it should articulate the basis or criteria on which such a waiver request will be evaluated and include such criteria in the policy. If you have any questions please contact me at 356-5248 or via e-mail at Steven-Nasby~iowa- city.ors. Cc: Karin Franklin, Director of Planning and Community Development Prepared by: Steven Nasby, Community & Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. RESOLUTION ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES. WHEREAS, the U.S. Department of Housing and Urban Development, allows the City of iowa City, iowa, flexibility on the allocation and investment of CDBG and HOME funds; and WHEREAS, the Iowa City City Council has discussed investment policies for the use of CDBG and HOME funds; and WHEREAS, the Iowa City City Council wishes to establish specific policies for public facilities, public service, housing and economic development activities; and WHEREAS, the FY06 Annual Action Plan containing the allocation of CDBG and HOME funds was approved by Resolution 05-169; and WHEREAS, adoption of the CDBG and HOME investment policies defined herein are applicable to FY06 and future CDBG and HOME funded projects; and WHEREAS, the City Council finds that the public interest will be served by the adoption of CDBG and HOME investment policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City City Council hereby approves and adopts the CDBG and HOME investment policies shown in Exhibit A. 2. CDBG and\or HOME projects funded in FY2005 and years prior thereto are not affected by the adoption of this resolution and changes to the terms of those agreements will not be entertained. 3. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Passed and approved this day of ,2005. MAYOR ATTEST: CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum Exhibit A CDBG and HOME Program [nvestment Policies Economic Development Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council Economic Development Committee. The Council Economic Development Committee will make a recommendation to the City Council for each project proposed for funding. Said recommendation shall include the amount of CDBG assistance to be allocated and the terms of investment. Typically, for-profit business projects will receive Iow-interest loans; whereas, non-profits may be recommended for forgivable loans or grants. Decisions regarding investment terms for economic development projects will be made based on the nature of the project including, but not limited to, the risk, potential for growth, the number of and quality of jobs created for iow-moderate income persons, the ability to repay a loan and the amount of other funding leveraged. Housinq The interest rate for rental housing activities will be 0% for non-profit owned projects and prime rate (determined at the time the CDBG\HOME agreement is executed by the City) minus two points for for-profit owned projects with an amortization period up to 30 years or the period of affordability, whichever is less. Assistance to homeownership projects will be in the form of a 20-year loan that must be paid in full when the iow- moderate income homeowner sells, transfers title, moves or rents the property or the 20-year term expires, whichever occurs first. No interest will accrue and no payments will be made by the property owner prior to payoff. Public Facilities The City of Towa City, as the recipient of Community Development Block Grant (CDBG) funds, utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201(c) that are completed by the City and\or subrecipents. The following policy applies to CDBG assistance provided to non-governmental subrecipients ("governmental" includes only jurisdictions with taxing authority as provided for in [owa Code). Projects that receive an allocation by the City of Iowa City will receive an earned grant as defined herein. The compliance term of the earned grant will be determined by the formula also provided herein. If the real property is leased, the lease shall be for a period that matches or exceeds the compliance term of the earned grant. · Earned Grant: ,4 lien against the realproper0~ being assisted, or other comparable security, which is repaid °nly up°n transfer of title, rental of the property, or termination of services or occupancy as oudined in the applicable CDBG Agreement. If the subrecipient fully satisfies the terms outlined in the applicable CDBG Agreement the mortgage against the property, or other security instrument, will be released by the City following the completion of the compliance period that begins on the date of execution of the mortgage or security instrument. · Earned Grant Formula: The total amount of CDBG assistance allocated to a subrecipient in any one Cityfiscalyearfor a "public facility"project divided by $3,0OO equals the number of CDBG compliance years for the Earned Grant. (For example: $l 7,000 in CDBG assistance divided by $3,000 would equal a compliance term orS. 67 years or 68 months). If the Earned Grant Formula results in a compliance term of less than one year (12 months) the minimum compliance term shall be one year (12 months.). Public Service Public Service projects as defined in 24 CFR 570.201 (e) shall receive CDBG assistance in the form of a grant with a term of not less than one year. iI 06-07-05 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. RESOLUTION ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30, 2006 on February 15, 2005, and public comments received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2006 for Human Services Aid to Agencies was adopted by Resolution 05-110, on March 1, 2005 totaling $433,954; and WHEREAS, Council Members Vanderhoef and Bailey were appointed by Council as representatives to the Human Services hearings for 2006, and presented their recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1) The recommendations from Council Member Vanderhoef and Bailey attached are hereby adopted. Passed and approved this day of ,20 MAYOR CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion EIliott Lehman Q'Donnell Vanderhoef Wilburn FY2006 Human Services Aid to Agencies REQUESTS FOR AID TO AGENCIES Budget Request Recommended FY2005 FY2006 FY2006 Human Services Agencies - United Way: 4 C's** 2,000 2,000 Arc of Johnson County** 2,000 2,000 Big Brothers/Big Sisters $ 33,402 $ 35,072 $ 34,404 Crisis Center 37,815 39,805 38,193 Domestic Violence Program 49,688 52,172 50,185 Elderly Services Agency* 56,554 58,816 57,685 Free Medical Clinic 6,033 6,214 6,214 HACAP -Hawkeye Area Community Action 7,793 ICARE - Iowa Center for Aids Resource 8,439 8,900 8,692 Jo Co Office of the American Red Cross 5,235 6,000 5,287 Mayor's Youth Employment 21,194 25,000 20,000 MECCA* 27,221 28,600 28,038 Neighborhood Centers 57,495 76,400 59,220 Rape Victim Advocacy 11,011 11,450 11,121 Shelter House 16,245 22,500 16,407 STAR Program** 10,000 5,000 United Action for Youth* 59,430 80,000 61,213 Youth Pre-employment/Job Training (Collaborative Grant) 14,250 16,000 Subtotal: United Way Human Services Agencies 411,805 464,929 421,659 Other Human Service Agency funding I requests: Neighborhood Centers - Grant Wood School Project 2,295 Johnson County Juvenile Justice Youth Development Program 2,500 2,500 Contingency use: 9,510 7,500 Subtotal: Other Human Services Agencies 9,510 2,500 12,295 Grand Total: Aid to Human Services Agencies: $ 421,315 $ 467,429 $ 433,954 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 05-201 RESOLUTION ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30, 2006 on February 15, 2005, and public comments received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2006 for Community Events and Program Funding was adopted by Resolution 05-109, on March 1, 2005 totaling $31,502; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The allocations attached are hereby adopted. Passed and approved this 7th day of ,]nnp , 20 05 . Ross Wilburn, Mayor Pro tem ATTEST: ~)?,~.z~..~) ,~- ;~('"~k.~~-''/ ~--w----- ~~'pr°vedby: ~Marian K. Karr, City Clerk ~ ~~.~. City Attorney's Office It was moved by Bai ]ey and seconded by E1 ]iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn clerkVes~commfu nd.doc FY2006 Community Event and Program Funding FUNDING REQUESTS FOR Budget Request Recommended COMMUNITY EVENTS 2005 FY2006 FY2006 Community Events: ADA Celebration (Conner Center) 972 972 972 Arts Festival (June 5-8) 5,427 7,000 7,000 Downtown Association: Friday Night Concert Series 5,184 5,000 5,000 Saturday Night "Just Jazz" Series Holiday Lights 2,025 - Extend the Dream Foundation: Ralston Creek Fair & Flea Mrkt 786 1,000 1,000 Johnson Co Historical Society 3,750 4,000 4,000 Jazz Festival (July 4-6) 6,075 6,075 6,075 Jaycees' 4th of July Celeb. 4,455 4,455 4,455 Riverside Theatre** 3,000 3,000 Community Events - Contingency: 900 General Fund Total for Community Event Funding: $ 29,574 $ 31,502 $ 31,502 Prepared by: Gary Cohn, ITS Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5430 RESOLUTION NO. 05-202 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY DELETING THE POSITION OF OPERATIONS SPECIALIST AND ADDING THE POSITION OF SENIOR SYSTEMS ENGINEER. WHEREAS, Resolution No. 05-109 adopted by the City Council on March 1, 2005, authorized permanent positions in the Finance Department for Fiscal Year 2006; and WHEREAS, Resolution No. 03-192, adopted by the City Council on June 20, 2003 established a classification/compensation plan for Administrative/Confidential employees; and WHEREAS, a job retirement has left a vacancy and provided the opportunity to evaluate the job duties of the Finance Department's Information Technology Services Division, and WHEREAS, as technology changes, it is important that the City's Information Technology staff positions adjust accordingly, and WHEREAS, following a review of current position needs for the ITS division and the City, it has been determined that the position of Operations Specialist be deleted and that the position of Senior Systems Engineer be inserted into the Administrative and Confidential Pay Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The budgeted positions in the ITS Division of the Finance Department be amended by: A. The deletion of one full-time Operations Specialist. B. The addition of one full-time Senior Systems Engineer. 2. The Administrative/Confidential Pay Plan be amended by: A. Deleting the position of Operations Specialist, Grade 24. B. Adding the position of Senior Systems Engineer, Grade 30. Passed and approved this 7th day of June ,20 05 . MAYOR P_~.5~em CITY b-~L-~RK City Attorney's Office wpdata~inadm/res/SrSysEng doc Resolution No. 05-202 Page ? It was moved by Vande~'hoe¢ and seconded by Ba'i ] e.y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliot[ X Lehman X O'Donnell × Vanderhoef X Wilburn Date: June 1, 2005 To: Kevin O'Malley, Finance Director From: Gary Cohn, ITS Coordinator Re: Reclassification of Operations Specialist position As technology changes, it is important that our IT staff positions adjust accordingly. While these changes continue to occur at a fast pace, it has not been easy for current staff to migrate from the legacy host-based computing (the VAX and ADMINS with terminals) to the present distributed client/server computing model (Microsoft Windows, SQL Server database, and networked PCs). With more applications being provided on Windows-based servers, the need to manage this growing asset is becoming an increasing challenge. To keep up with changing systems and customer demand, I recommend that we delete the current Operations Specialist position and replace it with a Senior Systems Engineer position. This position will allow the City to hire a professional possessing the in-depth knowledge required to manage the servers and server software that the City has come to depend on. In-house, thorough knowledge of the latest application software, operating systems, and directory services will allow ITS to offer better service to our customers, as well as reduce the cost of desktop PC management. The duties this position assumes will also free the ITS Coordinator to work on the growth and management of the Fiber Optic Utility, as well as important planning projects, including disaster recovery/business continuity planning. The current Operations Specialist position is at Pay Grade 24. I propose that the Senior Systems Engineer position be inserted into the Administrative and Confidential Pay Plan at Pay Grade 30. Initial budget impact is projected to be $8,000.00. ADVERTISEMENT FOR BIDS 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 7th day of June, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 7th day of June, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Replacement of 4382 SF of PCC Pavement and Driveways, 2922 SF of HMA Pavement and Driveways, 75 LF of Curb and Gutter, 2288 SF of PCC Sidewalks and Curb Ramps, and 4758 SF of Removals. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a respons, ible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: September 30, 2005 Liquidated Damages: $50.00 per day The plans,' specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the City of Iowa City Engineers Office, Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa ', IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND THE MAYOR TO SIGN D THE CITY CLERK TO A CONTRACT FOR CTION OF THE 2005 REPLACEMENT FOR N PROJECT. WHEREAS, of has submitted the lowest responsible bid of above-named project. NOW, THEREFORE, BE RESOLVED THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of the above-named project is hereby awarded to , subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. 2. The Mayor is hereby n and the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performan and insurance cedificates, and contract compliance prog~ Passed and approved th~ day of ., 20 ATTEST: ~ MAYOR ~ved by CI~/~LERK City oA~'s Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: ~ AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\res\awrdcoN-2005pavement.doc Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 05-203 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. WHEREAS, Streb Construction Company, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $98,193.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th dayof June ,20 05 MAYOR Approved. by /7 ~ ATTEST: ~/,~,~,~.~..-~.~ ~. CITY'CLERK (3ity',~ttorney'~ Office It was moved by Champ'ion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng\res/2005paverepl..doc 06~05 Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa city, IA 52240; 319-356-5013 RESOLUTION NO. 05-204 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2005, THROUGH JUNE 30, 2006. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 2005, through June 30, 2006, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 7th day of June ,2005. MAYOR Ap p rov~.d b CiTY'CLERK Legal Department It was moved by Da i 1 ey and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn mgr/asst/unions~police~policeres.doc CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2005 TO JUNE 30, 2006 TABLE OF CONTENTS ARTICLE PAGE Preamble ............................................................................................................................... 1 Article I -- Recognition ........................................................................................................... 2 Article II -- Management Rights ............................................................................................. 2 Article Iii - Check Off ............................................................................................................ 2 Article IV - Union Business Agents ....................................................................................... 3 Article V - Union Meetings .................................................................................................... 3 Article VI - Bulletin Boards ....................... i ............................................................................ 3 Article VII -- Seniority ............................................................................................................. 4 Article VIII - Daily and Weekly Hours of Work ...................................................................... 4 Article IX - Overtime-Standby ............................................................................................... 6 Article X - Holidays ............................................................................................................... 7 Article XI - Vacations ............................................................................................................ 8 Article XII - Sick Leave ......................................................................................................... 8 Article XIII -- Special Leaves ................................................................................................. 9 Article XIV -- Lay-Offs ............................................................................................................ 11 Article XV -- Training ............................................................................................................. 12 Article XVI -- Personnel Transactions - Rules ....................................................................... 12 Article XVII - Watch Transfers .............................................................................................. 13 Article XVIII -- Insurance ........................................................................................................ 13 Article XlX -- Equipment ........................................................................................................ 13 Article XX - Weapons and Special Equipment ..................................................................... 14 Article XXI -- Adequate Facilities ........................................................................................... 14 Article XXII - Uniforms .......................................................................................................... 15 Article XXlll -- Duty Outside the City ...................................................................................... 15 Article XXIV-- Supplemental Employment ............................................................................ 15 Adicle XXV -- Position Classification ..................................................................................... 16 Article XXVI -- Grievance Procedure ..................................................................................... 16 Article XXVll -- Effective Period ............................................................................................. 19 Article XXVIII - Compensation .............................................................................................. 19 Adicle XXIX -- Public Emergency .......................................................................................... 20 Article XXX -- General Conditions ......................................................................................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination, That parties specifically agree to the following Articles: ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise ail powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulationS. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous matedal and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE VIII DAIL Y AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter § (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. c. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest pedods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Pedod. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Strai.qht Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME- STANDBY Section 1..Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1¼) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Occasions involving unexpected/non-scheduled overtime, the on-duty supervisor is only required to consider on-duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chief's determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (¼) hour immediately following his/her normal work day, or b. One additional one-half (¼) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE Xl VA CA TION$ Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5 years and one day-lO years 1.25 10 years and one day-15 years t .5 15 years and one day-20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE XII SICK LEA VE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (¼) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and. unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE Xlll SPECIAL LEAVES Section 1. On-the-Job Iniury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall eam sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work pdor to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is - entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Votinq Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Preqnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XIV LA Y-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the oppodunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XVll WA TCH TRANSFERS Section 1. In the event that an omcer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chiel~ of' Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVlII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay five percent (5%) per month of the monthly premium (prorated for pad-time employees) toward the cost of such coverage, subject to a cap of $40.00 per month. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in headng radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet-proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FA CILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE X'XII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. c. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Upon submission of receipts by a plain clothes officer, the City will reimburse the officer for the actual cost of clothing up to six hundred ($600.00) per year of assignment and the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and fifty dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, dght, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. 16 Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVl GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time 17 limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. 18 Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the headng and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2005, and shall continue through June 30, 2006. Thereafter, this Agreement shall continue from year to year unless written notice to cl~ange or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE )O(VIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three percent (3%) at the~ beginning of fiscal year 2005-2006. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Lonqevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $425.00 10 years $750.00 15 years $900.00 20 years $1050.00 25 years $1300.00 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. 20 Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K-9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, supplemental pay in the amount of five dollars ($5.00) per watch. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE X'XX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any · party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre-Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 7. Parkinq. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. 21 CItY OF IOWA CItY POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY MAYOR ?r~i~ PRESIDENT Date: :;/'u~£ '/ ~oo5 Date: mgdasstAu nion s/police/policecon.doc Ci~A~orney'8 Office Attachment A POLICE OFFICER PAY PLAN (40-01) Step 1 Step 2 Step 3 Step 4 Step 5 FY06 $ 17.01 $ 17.43 $ 20.94 $ 22.92 $ 24.66 (July 2, 2005) $ 1,360.80 $ 1,394.40 $ 1,675.20 $ 1,833.60 $ 1,972.80 $ 35,380.80 $ 36,254.40 $ 43,555.20 $ 47,673.60 $ 51,292.80 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage, provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY By: CITY MANAGER ITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50CO April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section I and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. President, PLRO-IC b j3/9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient Home and office vists · Semi-private room and board One routine annual physical · Necessary services and supplies exam · Operating rooms, intensive care, Pre-natal and post-natal care coronary and burn care units in physician's office · Delivery room for normal delivery, Immunizations Caesarean section, miscarriage or Hospital visits and nursing admission for false labor facility visits · Necessary laboratory and x-ray services Outpatient NERVOUS AND MENTAL 90/10 · Surgery Outpatient - 90/10 to $10,000 · Diagnositc x-ray and laboratory Lifetime Maximum. services · Accident care SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies · Services provided by a Registered Nurse · Services prescribed by a physician THE ZOI~A SO0 PLAN COVERS THESE OTHER SERVICES: These"other. servJces are subject t<~ a $100 contract dedbctible per cal.endar year . Prescriptions . Nurstng Servtces · Anesthetics . Private-duty nurslng servtces · Blood plasma · Casts Ambulance · Crutches . Atr · Ourable medtcal equipment . Ground · .Other supplles when ordered by a physlctan DEDUCTIBLES AND COPAYHENT ·Hospttal - The Subscriber ts responsible for the ftrst two days of semt- private room and board. ~_,'~ ~: .~. ..... ~ -~'~.__..._ · Per Hospttal Admission. · Physician - The subscriber pays 10~ of the physician's Usual, Customary and Reasonable charges Including office calls. 101~A 500 coverage pays the remaining 90~. · Other Supplies/Services - The subscriber pays the ftrst $100 per contract per calendar year. for medtcal supplies and services. These may tnclude prescription drugs, servtces of a Registered Nurse, ambulance services, home health care and braces. ~/hen the subscriber's expenditures for hospital, physician, and/or other servtces reach $500 per year, ]0~ 500 pays 100:~ of a11 remaining charges. ~f the subscriber's' expenditures for hospital, physician, and/or other servtces do not reach $500, the subscriber pays 10~ of all remaining charges up to a total maxtmum expenditure of $500. (Outpatient treatment for nervous and mental conditions ts patd 90/10 co-payment unttl the $10,000 Ltfettme gaxtmum ts met. Co-payment for outpatient Nervous and ~lental does not apply to the out-of-pocket maxtmum. CRRRYOVER OF OEDUCT~BLE Expenses for covered servtces tncurred durtng the months of October, November and December and whtch are used to sattsfy that year's deductible can be used toward satisfying the next calendar year's deductible. 1 ~ 2 ~ay go'/dlO% $100 dedu~ble Summary of Benefit DELTA DENTAL COVERAGE Delt~ Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 80% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Uaual, Customary and Reasonable allowances, aubject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity" provision which enaures coverage for dental services provided within generally accepted dental practices. Uke Slue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims-handling chores for you and your employees B and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maintenance benefit includes: · Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once avery six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. · Cast restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. Delta Dental Plan of Iowa Delta Dental Plan of RATE OUC)TATION PLAN Program Benefits Deductible Copayment Single/Family (Annual) ~ Preventive Maintenance $ - - % ~ Routine Restorative $. 25/75 _ 50 % [~ Major Restorative S " _ 50 % r""l Dental Prosthetics $ _ % [-I Periodontics $ % [::l Orthodontics $ . % 1'-I Dependents to age __ [] Full-time students [] Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $_ per month These rates guaranteed for :[2 months beginning on 7-:[-85 {date) if purchased by., 7-:[-85 (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a min/mum enrollmen~t of 90% of total eligible employees for the duration of the /I,- ~. ;" .i I,' /' .. con,ra~. This is s general desdription of coverage. It is not a statement of contract. Actual cOverage is subjec~l to the terms end conditions specified in the contract itself and enrollment regulations in force w~en the contract becomes effective, Delta Dental Plan u~., ~ z,~ of Iowa MEMORANDUM OF AGREEMENT Octobel' 2, 1990 WHEREAS, the City of Iowa City and the Police Labor Relations Organization of Iowa City have had · dispute concerning the proper Interpretation of certain provisions of their collective bargaining agreement, specifically Article XVll, Section 3; and WHEREAS, the parties desire to resolve their dispute by mutual agreement and without the necessity of arbitration; IT IS THEREFORE AGREED as follows: The phrase 'due regard for seniority' In Article XVII, Section 3, shell be interpreted to have the same meaning as In Article XVti, Section 1, that is, the decision to make Involuntary transfers shall be based on seniority provided, however, the Chief may make a transfer decision based on one or more of the following criteria: · . The ability and experience of the officer(s), b. 'The nature and type of wo~ to be performed on the watch, c. The need fa' personnel having certain qualifications on said watch. when necessitated by departmental needs as determined by the Chief. President, Poflce Labor Relations Organization of Iowa City AUG ~,11991 AUG 1~ 3 1991 Date Date SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall otherwise apply prospectively only to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this / / day of /~, ~,,~- [ , 1993. City of Iowa City, Iowa Police Labor Relations Organization mgr\asst\court.agt