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2016-03-23 Resolution
-03-23-16 3c(10) Prepared by: Manan K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-63 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Caliente Night Club - 171 Highway 1 W. Passed and approved this__Z3rd day of March , 2016 OR ATTEST: 4"..-=-� CITY CLERK Approved by City Attorney's Office It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: Mims the ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton av_�a� ei�, A1�e t5 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240, (SUB15-00026) RESOLUTION NO. 3d(1) RESOLUTION APPROVING FINAL PLAT OF CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA. WHEREAS, the owner, CBD, LCC, filed with the City Clerk the final plat of Churchill Meadows Parts Two and Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of the Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87°08'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00058'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence N01°14'19"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 food chord bears N61°13'02"E; Thence continuing Northeasterly 235.59 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly. Whose 235.12 chord bears N81°10'32"E; Thence S88001'46"E, along said Southerly Right -of - Way Line, 99.16 feet; Thence N89046'43"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00043'54"E, along said East line, 1251.23 feet, to the Point of Beginning. Said Tract of Lane contains 18.64 Acres, and is subject to easement and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after Resolution No. Page 2 passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcd/templates/Churchil Final Plat Resolution.doc.doc NAYS: MAYOR 20 Approved by "'�L Aa'n ply City Attorney's Office 1 2*hu and seconded by ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be To: City Council Item: SUB15-00026 Churchill Meadows Pt. 2 & 3 GENERAL INFORMATION: STAFF REPORT Prepared by: Marti Wolf, Planning Intern Date: February 16, 2016 Applicant: CBD, LLC 414 E. Market Street Iowa City, IA 52240 (319) 631-1867 Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Duanne Musser 1917 S. Gilbert Street Iowa City, IA 52240 (310) 351-8282 Final plat approval To allow 42 residential lots including single family lots and multifamily. 4679 Herbert Hoover Highway SE 18.64 acres Undeveloped - RS -5 and RM -12 North: Residential and agricultural — County R and A South: Residential and agricultural — County Residential R East: Undeveloped — RS -5 West: Residential and agricultural — County Residential RMF Northeast District Plan Lower West Branch Road (NE -3) January 12, 2016 March 12, 2016 The applicant, CBD, LLC, has submitted a final plat for Churchill Meadows, Parts 2 and 3, a 42 - lot, 18.64 -acre subdivision located at 4679 Herbert Hoover Highway Southeast. The preliminary plat was approved with the rezoning on October 20, 2015. 2 The plat features a mix of housing types including a 1.82 -acre multifamily lot, 31 standard to large size single family lots, 5 of which could also accommodate duplexes, and 10 smaller single family lots with alley access. ANALYSIS: The final plat of Churchill Meadows Parts 2 and 3 is in general compliance with the approved preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the March 1 Council Meeting. Conditional Zoning Agreement: When this property was annexed and zoned RS -5 and RM -12 the Conditional Zoning Agreement required that the developer construct a sidewalk to connect to the sidewalk located at Rochester Avenue and Eastbury Drive. This requirement is addressed in the legal papers and construction drawings. Neighborhood Open Space: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the Lower West Branch Neighborhood Open Space District (NE -3). The Neighborhood Open Space Ordinance requires the dedication of 23,009 square feet of property or the payment of fees in lieu of. The Parks and Recreation Department has chosen fees in lieu of land dedication. The fee will be equivalent to the value of .53 acres of property. This requirement should be addressed in the legal papers. Infrastructure Fees: Infrastructure fees include $435 per acre for water main extension fees and fees required for the improvement of Herbert Hoover Highway. Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00031, the final plat of Churchill Meadows Parts Two and Three, a 42 -lot, 18.64 acre residential subdivision located at 4679 Herbert Hoover Highway SE, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: / oez y 2r -- John Yapp, Development Servic s Coordinator, Department of Neighborhood and Development Services PCD\Staff Reports\final plat staff report with corrections. docx 6 K w o 0 0 WOK Z N �W�y/w.Q OZ1 u� �wT : ag�a O=°UL mxM z�— w=Z w - a a z 0 _ N J U Q - z Q w N U N O W O zIcI J r Wa a�< — z W Lu 3Q 2 Na JJ �Wcn o �o Zoz J> a >z mo aJ�� w w a LL=F_6-, �� UN LLZ OUeO QLv,zNU YNR$ :D �— `n3 OZQ mZNv roar-a N< wn.0 wrQ ¢7m>0 UQHQ— wz�F o_ 07 a 0, 9 zw F-Nn_a ON O a a w M LL a. O^ a ? 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CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319)356-5009 FAX www.icgov.org LATE HANDOUTS: Information submitted between distribution of packet on Thursday and close of business on Tuesday. itions and Motions ITEM # 3d(1) Email from Atty. Joe Holland, representing the applicant, requesting deferral to April 5: Churchill Meadows Parts Two and Three ITEM 3f(14) Douglas Hills: Newspaper distribution REGULAR AGENDA: ITEM 5c - REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD (PINE GROVE) Correspondence from: Monica Maloney-Mitros; Linda Farmer; Gaby Cardenas; Lorena; Maggie Keyser; Ted Weiler; Thomas Stevenson; Rosemarie Scullion; Ann and Greg Muilenburg; Chester Woodman; Kevin Keyser. Memo Dev. Services Coordinator. ITEM 8—TRANSPORTATION NETWORK COMPANIES (UBER) Correspondence from: Bob Long; Harry Olmstead; Roger Bradley ITEM 10h — PLANNING AND ZONING COMMISSION Correspondence from: Harry Olmstead ITEM 12c HUMAN RIGHTS COMMISSION One vacancy to fill an unexpired term ending January 1, 2017. (Ali Ahmed resigned) Correspondence included in Council packet. INFO PACKET OF 3117 IP70: (Revised title only) Letter from Mid America Energy Company: Iowa City Community Report Calendar Year 2015 IP12: Email from Kurt Hamann to Mayor Throgmorton: City dump -road pick up [Staff response included] Karr From: Sara Greenwood Hektoen Sent: Monday, March 21, 2016 10:59 AM To: Eleanor M. Dilkes Cc: John Yapp; Marian Karr Subject: FW: Churchill meadows Parts Two & Three FPI. From: Joe Holland [mailto:jholland@icialaw.com] Sent: Monday, March 21, 2016 10:58 AM To: Sara Greenwood Hektoen Subject: RE: Churchill meadows Parts Two & Three Both my client and I are out of town so please defer this to the next meeting. -- Original message -------- From: Sara Greenwood Hektoen <sara-hektoen@iowa-city.org> Date: 03/21/2016 8:21 AM (GMT -07:00) To: Joe Holland <jholland@icialaw.com> Subject: RE: Churchill meadows Parts Two & Three Late Handouts Distributed (Date)#3 J () I don't believe we've received the revised documents from you on this subdivision. It is scheduled for Wednesday's agenda. Will they be forthcoming or should I tell Eleanor that your client needs this to be deferred? -717�77 3d(2) Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00011) RESOLUTION NO. 16-64 RESOLUTION APPROVING FINAL PLAT OF HIGHLANDER DEVELOPMENT FOURTH ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Bilam Properties, L.L.C., filed with the City Clerk the final plat of Highlander Development Fourth Addition, Part 1, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2°21'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2°21'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87°43'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02°16'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87°25'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01°35'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02'05'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87025'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02°16'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41°56'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62°23'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements; and Resolution No. 16-64 Page 2 WHEREAS, the City received a RISE Grant award from the State of Iowa to partially fund the construction of the public improvements located within this subdivision, which the City intends to do in accordance with public bidding laws; and WHEREAS, the Owner will be responsible for reimbursing the City for all costs associated with the construction of the public improvements not covered by the RISE grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, including a reimbursement agreement regarding the construction of the public improvements, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 23rd day of March 2016 mAVbR Approved by ATTEST: 9i - ` J �G9 ( CITY CLERK City Attorney's Office 3 I g,1jCP It was moved by sotchway and seconded by aims the Resolution be adopted, and upon roll call there were: AYES: NAYS: pcdltemplatesatighlander fourtfl addition final plat resolution.doc doc ABSENT: Thomas Mims Botchwav Dickens Cole Taylor Throgmorton To: City Council Item: SUB15-00011 Highlander Development Fourth Addition GENERAL INFORMATION: STAFF REPORT Prepared by: John Yapp Date: March 23, 2015 Applicant: Southgate Companies 755 Mormon Trek Blvd. Iowa City, IA 52244 319-466-4321 jhughes@southgateco.com Contact: F. Joe Hughes 755 Mormon Trek Blvd. Iowa City, IA 52244 319-325-8113 jhughes@southgateco.com Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Bilam Properties LLC Final Plat approval , 10 -lot commercial subdivision North of Northgate Drive 25.30 acres Commercial Office.(CO-1) North: County Agricultural (A) South: Office (CO -1) East: Agricultural (ID -ORP) West: Agricultural (ID -ORP) and Office (CO -1) January 25, 2016 March 25, 2016 This property was annexed in to the City sometime between 1969 and 1972. In 1983 the property was zoned Interim Development -Office Research Park (ID -ORP) when a new city-wide zoning map and ordinance were adopted. In February 2015 a rezoning of the property to Commercial Office (CO -1), and a preliminary plat were approved to facilitate an expansion of Northgate Office Park. The proposed final plat consists of an 10 new office commercial lots, generally between 1 and 2 acres in size, and an outlot for stormwater management purposes. The final plat is in general conformance with the approved preliminary plat. V, ANALYSIS: Subdivision design: Initially street access to this property will be via Northgate Drive, which intersects with Dodge Street (Highway 1) approximately Y2 mile to west of this property. Northgate Drive will be extended to the north side of this subdivision where it will end in a temporary turn around. In the long-term Oakdale Boulevard is planned to cross the northern portion of this property to provide additional access to Highway 1. This subdivision will provide for the dedication of the right-of-way for Oakdale Boulevard, but rather than install the street at this time, the developer will pay the cost of the construction 28 foot wide street (the City pays the oversize cost for collector and arterial streets). Construction of Oakdale Boulevard will be delayed until plans for the extension of Oakdale Boulevard to the west are solidified. A temporary turn around will be provided at the north end of Northgate Drive until such time as Oakdale Boulevard is constructed. Although the initial single means of street access is not ideal, based on a traffic analysis conducted by the MPO, staff does not foresee major traffic implications related to the subject plat. Traffic patterns are typical for an office park, with a majority of traffic volume occurring during the AM and PM commute times. Traffic volumes will be managed through optimizing the traffic signal timing at the Northgate Drive and Highway 1 intersection. The subdivision also includes a new east -west street. That street bisects the property from west to east and is designed to be able to be extended to Highway 1 as properties to the west are developed. Clear Ridge Road, in addition to Oakdale Boulevard, will provide additional means of access to Northgate Office Park in the future. Lots are generally rectangular ranging in size from approximately 1.2 acres to 2 acres. They are similar to existing lots in Northgate Office Park. Stormwater management. Outlot A located on the south side of the subdivision contains stormwater management facilities that were installed with previous phases of the Highlander development. These basins will be enlarged to provide storm water management for the larger subdivision. Infrastructure fees: A water main extension fees of $435 per acre and sanitary sewer tap -on -fee of $895 per acre apply to this subdivision. Payment of these fees will need to be addressed in the legal papers at the time of final plat approval. RISE grant: In May 2015, Iowa City received a grant through the State's Revitalize Iowa's Sound Economy (RISE) program to fund 50% of the costs of extending Northgate Drive infrastructure, up to $283,027. While the City will be responsible for the construction work, Southgate Development, the developer of the property, will fund the remaining costs for Northgate Drive and other associated subdivision infrastructure. The basis of the grant award was that Northgate Office Park is nearing saturation, and the extension of Northgate Drive will facilitate the availability of additional lots for professional office development, and add to the tax base. 3 STAFF RECOMMENDATION: Staff recommends approval of SUB15-00011, an application submitted by Southgate Companies for a final plat of Highlander Fourth Addition Part 1, a 10 -lot with one outlot, 25.3 acre commercial subdivision located north of Northgate Drive subject to approval of legal papers and construction plans by the City Attorney and City Engineer respectively. It is anticipated that legal papers and construction plans will be approved prior to the March 23 City Council meeting. ATTACHMENTS: 1. Location Map 2. Preliminary P� Z, Approved by: Doug Boothr y, Director Department dR Neighborhood and Developmel Services All 5N NIB ¢ Ee a t5 0:3� 5 3r F _ i � II I�O�Ad•a•Efi • � �fxilll�� i1i�c� it "!l44tltlitiitH�i! o n es3833 aj� a63366 .. mini � f 9� ,1 tlElc Ily'a tciln 11�`E! d !� gaa'AYYYWd 04atlzR�w3$ 1--1 !Estye 1--I F a gE EoGc W � a �p� aYH E=�E�`]s��gX r� Q •--I r -r s Ej�w'q°: �����ay!� Y a``%b$ F%�sg3ag //fi� t � p� •- a �Egg" Y €q€q fl€ , 7 ,�cAuarF E?! w "$S 12-%REV4°tlbj'i i§ au11 6.6�w 8 P $Wti i a 47777779 y 11 5 ,3sA 511, s - ' B6'got I 3.9G90.60S 'Q�� �'? � �e rys,y ad��b.. ,10a a§ uj. is kx �kq � V. ".w✓. • "' " '" a3.61.B1.Z0E BL CEP `W. e a� C c� � b m �• te � $ � R4 � � a fig g ,Lt LK M.61.01.ZON y 3 s e 'orifi 1 R e q � M ......__ 0[891 M.B1.lZ.ZO yf !� gaa'AYYYWd 04atlzR�w3$ 1--1 !Estye 1--I F a gE EoGc W � a �p� aYH E=�E�`]s��gX r� Q •--I r -r s Ej�w'q°: �����ay!� Y a``%b$ F%�sg3ag //fi� t � p� •- a �Egg" Y €q€q fl€ , 7 ,�cAuarF E?! w "$S 12-%REV4°tlbj'i i§ au11 6.6�w 8 P $Wti i a 47777779 y 11 5 ,3sA 511, s - Summary Report for Good Neighbor Meeting Project Name: Nepola Subdivision Meeting Date and Time: Monday, March 7, 2016 Meeting Location: Borlaug Elemer tary School Names of Applicant Representati es attending: Eric Andersen, Ryan � r ova.*, CITY OF IOWA CITY roject Location: Camp Cardinal Road Names of City Staff Representativi Number of Neighbors Attending: _ General Comments receives positive comments on the app( positive comments on the prop comments directed at currents Lucas Larson, Ryan > attending: John Yapp ranceSign -In Attache . Yes X No ing project (atta additional sheets if necessary) - f the proposed uilding os d amenities for th Grand Living ow ers of the proplik ies Concerns expressed regardingAleto (attach additional sheets if necessary) - Lights from building and parking visalnut Ridge Neighborhood Project too dense, concern of nyAber, Ale and location of units on Outlot A High density proposed next tthe low den 'ty, large lot single family concerned there is not eno gh parking for u its and employees Walnut Ridge neighbors oncerned with prcje t scale Questions regarding a e restrictions in project Will there be an/changes made to the propkal based on this input? If so, describe: no changes initially. concerns will be considered during filial design of the landscape and photometric plans. Staff RepresejXtative Comments �-_----_--� MMS Consultants, Inc. Project: Experts 1n Planning and Development Since 1975 Subject: 1917 S. Gilbert Street • Iowa City, Iowa 52240 Date: 319:351.8282 • mmsconsultants.net Project #: j... .. ..i.• i....... , ... -. j........ f i ' illi'' � � ; —+ c ,....... : .. ............ .,.... , ... . :. ,.. Wi - , : C�Y1 J J i a _ a f t� 1 `ft`hi1G�idt(; L'in�bdG �..._ijU t%,. hYJ • a : : : i i ♦ �� --1........ .1... .. j...• .i .. .-' ............ .........�'�� ;..���+�'��1� I-"�`- t T �.... Ni��,_: _ � i� � � i (/GiFv" ` . Y • � s t - u _ , 1 1 ,OM : 1 i f _ p � i _-7 C� i 5'"�� ........ i....... .....'. c .j .... > ..{.._. ...... .. 1 .. i r.j. : ,t OCJ . F , ♦ , { i , r 1 : , f s : r ` I ........ ... .. J ai 1 f i• t f♦ s .' — _- . 1 i : e , 4 ...... t. _- f : I : 3 • ; • : f ' 1 Civil Engineers Land Surveyors Land Planners Landscape Architects 1 Environmental Specialists March 14, 2016 Planning and Zoning Commission City Council City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Re: REZ16-00003/SUB16-00004 Dear Sir or Madam: We were informed last week of the plan medium density housing in order to corn Cardinal Road. This proposal, in its current form, is not in 1 (Shagbark Court, Butternut Lane), which a are, in fact, very low density. The construct Companies does not require that the entire current proposal only requires that the west suggest that leaving the piece of the 26.98 interim development single family zone wo approximate the plans that existed v AV We are unable to attend the public rr on 03/17/16. Please make our views Sincerely, Barry London and Linda 70 Shagbark Court Iowa City, IA 52246 (319) 499-1661 (319) 383-1049 (cell) / rezone the 26.9,6 acres adjacent to Walnut Ridge to ict a 170-seni9t dwelling units building on Camp itereffi of the affected houses in Walnut Ridge ne as low density single family housing and A he senior housing structure by Ryan ,el be rezoned to medium density housing. The —3/4 of the parcel be rezoned. We respectfully parcel adjacent to Walnut Ridge as low density e both appropriate and more closely t Ridge was conceived and built. ng of the Planning and Zoning Commission scheduled 03-23-16 3d(3) Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 16-65 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR CARTER ESTATE, 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 and water main improvements for Carter Estate, as constructed by Carter and Associates, Inc. of Coralville, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and 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 23rd day of March 120 16 ATTEST: �C C RK MA R Approved by �" ' - City Attorney's Office 3 34,, It was moved by Botchway and seconded by Mims the Resolution be AYES: NAYS: ABSENT: x Botchway x Cole g Dickens x Mims x Taylor x Thomas x Throgmorton pweng\ma sters\acpt-i mprovements. doc 7 J � r .e "m rd +� OO 0®1 4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org March 2, 2016 Honorable Mayor and City Council Iowa City, Iowa Re: Carter Estate Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main improvements for Carter Estate have been completed in substantial accordance with the plans and specifications on file with 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 Carter and Associates, Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 16-66 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CURB RAMP 2016 PROJECT. WHEREAS, Feldman Concrete of Dyersville, Iowa, has submitted the lowest responsible bid of $79,916.60 for construction of the above-named project; and WHEREAS, funds for this project are available in the Curb Ramps -ADA account #S3822. 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 Feldman Concrete, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 23rd day of March 2016. M OR Approved by ATTEST: �.z,� CITY ERK It was moved by sotchway and seconded by adopted, and upon roll call there were: AYES: X NAYS: ity Attorney�Offe Sj t Mims the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton aTTT_T-- 3d(4) Publish 3/7 NOTICE TO BIDDERS CURB RAMP IMPROVEMENT PROJECT 2016 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 16th day of March, 2016. Sealed propos- als 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. Proposals received after this deadline will be returned to the bidder unopened. Proposals 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 23rd day of March, 2016, or at special meeting called for that purpose. The project involves reconstruction of curb ramps at 9 locations in Iowa City. The project includes all materials, labor and equipment necessary for construction of project improvements. Approximate quantities include: 2,089SF of 4" PCC Sidewalk, 1,756 SF of 6" PCC Sidewalk, 100 SF 9" PCC Pavement Patch, 245 SF Cast Iron Detectable Warning Panels, 294 LF PCC Curb and Gutter, erosion control, hydroseeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City 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°/x) of the contract price, said bond to be issued by a responsible 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 Two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 45 Specified Start Date: Early Start - April 4, 2016 Late Start —April 11, 2016. Liquidated Damages: $ 200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Rapids Reproductions/Technographics of Iowa City located at 415 Highland Ave Suite 100, by bona fide bidders. A $25.00 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 Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $10.00 shipping and handling fee will apply to plans that are sent through postal mail. 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 Inspections and Appeals at (515) 281-5796 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 quantities, 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: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 16-67 RESOLUTION DESIGNATING THE AUTHORIZED OFFICERS OR EMPLOYEES TO CONDUCT BUSINESS WITH AUTHORIZED BANKING INSTITUTIONS. WHEREAS, the City is authorized through its investment policy to conduct business with all of the banks listed on the City of Iowa City's resolution naming depositories that offer competitive rates and satisfactory service; and WHEREAS, the City utilizes these authorized banks in order to conduct its daily financial and investment banking business; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF IOWA CITY, IOWA: That the following individuals, listed below, are officers or employees of the City and are hereby authorized to conduct banking business with the authorized banks including opening accounts, signing and endorsing checks, transferring funds, maintaining safety deposit boxes, withdrawals, and all other necessary and ordinary banking transactions. List of officers or employees authorized to conduct banking business: Geoff Fruin, Interim City Manager Dennis Bockenstedt, Director of Finance Passed and approved this 23rd day of March , 2016 YOR ATTEST: CIT CLERK App ved by 7 :7- 16 City Attorney's Office Resolution No. 16-67 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Mims the Botchway Cole Dickens Mims Taylor Thomas Throgmorton -16 —2�1mat CITY OF IOWA CITY '3d(— 5=' ifsam M E M 0RAN D U M Date: March 4, 2016 To: Tom Markus, City Manager From: Dennis Sockenstedt, Finance Director (16 RE: Resolution designating the authorized officers or employees to conduct business with authorized banking institutions Introduction City Council sets, by resolution, the authorized officers or employees to conduct official banking business on behalf of the City. History/Background The last update to this authorizing resolution was in March 2013. That resolution set the authorized individuals to conduct City banking business to be Dennis Bockenstedt, Geoff Fruin, and Tom Markus. City Manager, Tom Markus, has accepted another position with Lawrence, Kansas, and therefore, the authorizing resolution needs to be updated. Discussion of Solution A new authorizing resolution is being presented for City Council consideration. This updated resolution sets Finance Director, Dennis Bockenstedt, and Interim City Manager, Geoff Fruin, as the employees that are authorized to conduct the City's banking business Financial Impact This action will have a minimal financial impact on the City's operations. Recommendation It is staff recommendation for the City Council to approve the resolution designating the City officers that are authorized to conduct business with authorized banking institutions. -~ -4 CITY OF IOWA CITY :'�-� MEMORANDUM Date: March 7, 2016 To: Tom Markus, City Manager From: Karen Jennings, Human Resources Administrator Re: Approval of FY17 collective bargaining agreements Introduction: The March 23, 2016 consent agenda will include resolutions to approve the recent collective bargaining agreement settlements with the Police Labor Relations Organization of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610. History/Background: The current collective bargaining agreements between the City of Iowa City and both the Police Labor Relations Association of Iowa City and the Iowa City Association of Professional Fire Fighters expire June 30, 2016. The City participated in collective bargaining with the Police and Fire unions. The City reached a tentative agreement With the Police union on December 8, 2015 and the Fire union on January 14, 2016. Both tentative agreements were ratified by the respective collective bargaining units and recently approved by City Council. Discussion of Solutions: The Police agreement was settled for a term of three years and includes wage settlements of 2.4% in FY2017, 2.4% in FY2018, and 2.6% in FY2019 along with increases in the employee cost share of health insurance for each year. A summary of the Police union settlement follows: POLICE SETTLEMENT _ Wage Settlement Deductible Out of Pocket Maximum Premium Contribution Current FYI FYI _ FY19 3d(6) 3d(7) The Fire agreement was also settled for a term of three years and includes a wage and insurance package comparable to the Police settlement along with provisions related to minimum call-in, calculation of over -time and deferred compensation. A summary of the Fire union settlement follows: FIRE SETTLEMENT 2% 2.4% 2.4% 2.6%' Single $600 $600 $650 $675' Family $800 $800 $850 $800' Single $1000 $1000 $1000 $1100' Family $1700 $1700 $1800 $1900' Single $45 $50 $55 $60' Familv $85 $90 $95 $100' 3d(6) 3d(7) The Fire agreement was also settled for a term of three years and includes a wage and insurance package comparable to the Police settlement along with provisions related to minimum call-in, calculation of over -time and deferred compensation. A summary of the Fire union settlement follows: FIRE SETTLEMENT Current FY17 FY78 FYI Wage Settlement 2% 0%; Add Firefighter Step 7 2.4% 2.6% Deductible Single $600 $600 $650 $675 Family $800 $800 $850 $900 Out of Pocket Maximum Single $1000 $1000 $1000 $1100 Family $1700 $1700 $1800 $1900 Premium Contribution Single $45 $50 $55 $60 Family $85 $90 $95 $100 Minimum Call -In Existing language to be modified reducing minimum call in from 2.5 hours to 2.0 hours and to clarity that time will begin counting as time worked upon arrival at the station rather than the time of the call. Calculation of Over -time Existing language to be modified to change rounding of time from 6 -minute increments to 15 -minute increments. Deferred Compensation New language added to ensure that the City will make a deferred campensaton plan with a Roth contribution option available to bargaining unit members so long as it's allowable by law. March 7, 2016 Page 2 Recommendation: Staff recommends that City Council approve the collective bargaining agreements between the City of Iowa City and both the Police Labor Relations Organization of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610. Prepared by. Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 16-68 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2016 THROUGH JUNE 30, 2019 WHEREAS, the City of Iowa City (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives have negotiated a collective bargaining agreement to be effective July 1, 2016 through June 30, 2019, 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 23rd day of March 120 1 MA R pp oved b ATTEST' % i rY - 17- It, CIT ? -CLERK Ci y Attorney's Office It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole % Dickens X Mims x Taylor % Thomas Throgmorton CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2016 TO JUNE 30, 2019 TABLE OF CONTENTS ARTICLE PAGE Preamble... .............. ; ........ 1 ArticleI Recognition.......................................................... ,...... .......... I ......... ,.._.............. . 2 Article II -- Management Rights ...... ........................... :............ ,.... ........... ,............... , ............ 2 Article III Check Off., .......... 2 Article IV Union Business Agents.................................................................. ......,,......... 3 ArticleV Union Meetings ................................... ......... ...:::........,....: ........... ............... ,.,...... 3 Article VI -- Bulletin Boards ............... ....... .............. ....:.:....................................................... 3 ArticleVII -- Seniority................................................................,...........................,.............. 4 Article VIII -- Daily and Weekly Hours of Work ........ ................. ..... ............. ......... ,.......... ... 4 Article IX Overtime -Standby ......... ......... ::.................... :......... ............:,........................... ,., 6 ArticleHolidays...._..............................:..........................,_....,....,......................,,,..........., 7 Article XI Vacations..._ ................... 8 ArticleXII -- Sick Leave ....................................... .......... ,:.....,_...................,.....:.......,........... 8 Article XIII Special Leaves ... ........ :::.... ............. .................. ...... ............................... ....... 9 ArticleXIV Lay -Offs ... ........................................ ..... ,.................,..... ............................,,,...... 11 ArticleXV Training ....................... ........ ..... ....... ......... ,.......... ............. ......... .... ..,........... .... .. 12 Article XVI -- Personnel Transactions - Rules ...... ........,.... :......... .,.... ...... ..................... ,..... 12 Article XVII -- Watch Transfers.............................................................................................. 13 ArticleXVIII -- Insurance....................................................................................................... 13 ArticleXIX Equipment .................................... ......................... ............ ,............................ .. 13 Article XX -- Weapons and Special Equipment .................. ....................:............:..I.... I ......... "Ir , 14 Article XXI Adequate Facilities ................................................... ..... .......... I..... ..... ,........... 14 ArticleXXII -- Uniforms._...................................................................................6...... ,';.... 15 Article XXIII -- Duty Outside the City .......................... ............ - .......... ...... I ... ..... I ........... ....... 15 Article XXIV Supplemental Employment .............................. ................. ......... .......... ... ..... 16 Article XXV -- Position Classification.................................................................................. 16 Article XXVI Grievance Procedure.............................,..........:........................................... 16 Article XXVII -- Effective Period ............................................. ........ ,.:.... ,,................................ 19 Article XXVIII -- Compensation ......... ............ ::.......... :............................ ............................... 19 Article XXIX -- Public Emergency ...................... 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 11 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. J. 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. I To initiate, prepare, certify and administer its budget. L To exercise all 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. 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. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such 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 material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. M ARTICLE Vll 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 V/ll DAILYAND WEEKLY HOURS OF WORK Section 1. Work Week 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) Four (4) consecutive days consisting of three (3) eight (8) hour days followed by a ten and one quarter (10 Y4) hour day on the fourth day (or other day in the rotation as agreed upon by the Union and the Chief) 5 followed by two (2) days off. (2) A repetition of the above schedule. (3) 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 periods 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 Period. 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. Straight 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 (1'/) 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 rest period of at least one-half ('/) hour immediately following his/her normal work day, or One additional one-half ('/) 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 XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service 0-5 years 5 years and one day -10 years 10 years and one day -15 years 15 years and one day -20 years 20 years plus Days Earned Per Month 1 1.25 1.5 1.75 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 X11 SICK LEAVE 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 (%) 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, M (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 Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City 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 Pav. 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 earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. C. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days, e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the 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. Voting 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. Pregnancy 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. ARTICLEXIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be 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 XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief 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 XVIII INSURANCE Section 1. The City shall maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain coverage will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: fifty dollars ($50.00) per month for single coverage and ninety dollars ($90.00) per month for family coverage in FY 2017, fifty-five dollars ($55.00) per month for single coverage and ninety-five dollars ($95.00) per month for family coverage in FY2018, and sixty dollars ($60.00) per month for single coverage and one hundred dollars ($100.00) per month for family coverage in FY 2019. 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 14 watch commander. 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 hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target 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 FACILITIES Section 1, The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). 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. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the $175 cleaning and/or shoe/boot allowance on the first paycheck in July. Plain clothes officers shall receive one-half of the annual clothing allowance ($350.00) on the first paycheck in July and one-half ($350.00) of the annual clothing allowance on the first paycheck in January. 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, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. 16 ARTICLE XX1V SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 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 XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this 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. 17 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 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. 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. 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. 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 the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and 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 at Step 2 may be submitted by the grievant or the Union to the City Manager or his/her designee within fifteen (15) days of receipt of the Chiefs 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. d. Arbitration. A grievance not adjusted at Step 3 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 3 response. Copies of any such request will be furnished to the City and to the Union. in 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 who are members of the National Academy of Arbitrators (NAA). 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 hearing and shall be final and binding upon the parties. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, 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, 2016, and shall continue through June 30, 2019. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by two and four -tenths percent (2.4%) at the beginning of fiscal year 2017 (effective July 3, 2016), by two and four -tenths percent (2.4%) at the beginning of fiscal year 2018 (effective July 2, 2017), and by two and six - tenths percent (2.6%) at the beginning of fiscal year 2019 (effective July 1, 2018). (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. Step 6. One Hundred Twenty months from date of appointment' "Effective December 25, 2011 Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $475.00 10 years $800.00 15 years $950.00 20 years $1100.00 25 years $1350.00 This payment will be pro -rated on the basis of monthly segments for members whc terminate before December 1 in any fiscal year. Any employee who terminates after December 1 20 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. 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, 10% of their hourly pay for each hour of FTO duty. ARTICLE XX/X 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 JOO( 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. Parking. 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 21 parking permits in accordance with City procedures. Section 8. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies, CITY OF IOWA CITY BY: MAPR ATTEST: e.. Date: March 23, 2016 Approved by: City Attorney's Office Z�//-? L/ Date` POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY i F�RESIDENT 1 ■� Date:y�zI zol (z;� Q O T o o LO O O 00 O O C. (n 00 00 I,- 0 0 0 0 (fl (n M O T M (9M Cl) Cl) f7A t ti M 00 co O N U N N N V N M Q 69 69 64 H-) 64 fit 64 64 (A Lo CD co 00 m O O Q 00 00 0) Iq Il- M 0) I- M co m M O Om0 (n 00 (o V r� N N (fl N 00 N O co M f-- 61), E» 6r} 69 ER 64 64 EA fi) a rnoo mcoOc0o vmco l- Y O N N O QJ O T M m O (n N M m y W Cl) TLO c , v co (o m co IT N N N M N Ln O M (D Z a1 64 64 6i1 64 64 69 69 04 64 Q O J N d r O CL N M O O O O O 0) 000 00 O Q' (C y W N M co 00 Lri L6 N 00 00 N N{ N O P� N (0 LL lE N (O N 00 N CA LL LO LO Ln o N 2 69 61- Uil 64 6)- 64 64 64 64 W LL U J O LL N T O O co O O (D O O I- 00 co N 00 O 00 00 00 �.. N CD (fl M O O m 00 W M N (D co N O N 00 N O M 0) co T r T 0 T � It 074 I V 69 69 69 fi} 69 (n 69 69 c- 00 O O O O O O O r- V'V f-0000 MOO h M N N N, Cl) N (o ((O W N OD V I` , W Nt V It 6 � 60 fit 64 fA fA ER V3 6q CO ` W T T T M � N � T SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY - . ANO - 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 anoutpatient basis, and without pricer 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 S100 (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 $50o (pre -withholding). Documentation of the em- ployee -initiated •corrections should be submitted to the Human Relations Departmentwhenthe 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 wishingto 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. Y F' OWA CITY iq By: CITY MANAG R Date: o �� Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY CD -TY CF IOWA CIVIC CENTER 410E. WASHINGTON ST. CITY IOWA CITY, IOWA 52240 (319) 356-5000 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 Collective BargainingeeAgreement, th�reandferredLto-IinanPROCfor ourArticle FXVIII8, Section 1 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 p r Sincerely,- Dale E. Meiling Assistant City Manager bj3/9 g Bement. Michael E. Goldber President, PLRO-IC 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 co -payments. And after the deductible and co- payment 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 the out of pocket maximum 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 std. 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 Inpatient • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private -duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission_ • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90%/10% Single deductible: $600 (eff. 1/1/16) $650 (eff. 1/1/18) $675 (eff. 1/1/19) Family deductible: $800 (eff. 1/1/16) $850 (eff. 1/1/18) $900 (eff. 1/1/19) 90%/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: $1000 (eff. 1/1/16) $1100 (eff. 1/1/19) Family OPM: $1700 (eff. 1/1/16) $1800 (elf. 1/1/18) $1900 (eff. 1/1/19) IOWA 500 PAYS 100% of Covered Services Summary of Senef-, DELTA DENTAL ren► /1�-. •� I , .. ECOWERAGE Delta Dental Plan of Iowa coverage not only provides r variety of benefits but also encourages timely and effective dental maintenance. More than 800G of the dentists In Iowa participate in the Delta Dental Program. Deft& Dental payment it based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a'medical necessity" provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Pian receives claims directly from participating dentists. And we pay them directly for. you. That eliminates claims -handling chores for you and your employees — 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: P"WOntive 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 every 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 Pian oflown Delta Dental Plan of Powa RATE QUOTATION PLAN II Program Benefits © Preventive Maintenance © Routine Restorative © Major Restorative ❑ Dental Prosthetics ❑ Periodontics ❑ Orthodontics ❑ Dependents to age ❑ Full-time students 0 Adults Program Maximums Single $ 500 per year Dductlbla Single/Family IAnnuali S Family S-500.per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ 1 per month COPAYment These rates guaranteed for 12 months beginning on 7-1-85 if Purchased by 77 (date) testa) 'Rates quoted here are based upon census informationB rovided and acq uirin and maintaining a min mum enrollment of 90% of total eligible employees for the duration of the contract. �r_ y -1 1ud,orized Re res n t! is Date This is a general as the t of covera coverage is ge. h is not a statement of contract, Actual subjec{ to the terms and conditions specified in the contract itself and enrollment mgutations in force when the contract becomes effective. Delta Dental Plan of Iowa 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 he 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 v s 1993, City of Iowa City; Iowa By. (�= mgrlassticourt.agt Police Labor/Relations Organization By: n f F Prepared by. Karen Jennings, Human Resources Administrator, 410 E Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 16-69 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF LOCAL #610 TO BE EFFECTIVE JULY 1, 2016 THROUGH JUNE 30, 2019 WHEREAS, the City of Iowa City (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 (hereinafter the Union), through their designated bargaining representatives have negotiated a collective bargaining agreement to be effective July 1, 2016 through June 30, 2019, 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 23rd day of March '20 16 / n ppr ed T7X_6_,'� ATTEST: {� X - r t1ca%yam. •-"7 -/ L, CITY—CLERK City Attorney's Office It was moved by Botchwa and upon roll call there were: AYES: and seconded by Mims the Resolution be adopted, NAYS ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2016 TO JUNE 30, 2019 TABLE OF CONTENTS Preamble......................................... ,............ .................. ............ ----'—--. -----1 Article |—RecugnhUon-------�--'_—'"----.'°.----'----,_�--,.---.—.2 Adio�||—��8n8genlerARights --°_--°--,.----.°..—~--'_--........ --,.—.... ... 2 Article III —No Strike - No Lockout �-,--......... ........ ............... ,... ... ............................... ......... 2 Article K/—Dues Check Off ........... ................ ... ^...................... ......... ........................ ... .......... 3 Article\/— Hours of Work .................................... ....... .............. ......... ........................................ 3 Article VI —Overtime ........ ................................... r—' --~,—r--'^—''.,'.--^'---'. 5 Article\/U—Special Leaves ........ ... ~............................................................................ ........ ..... 0 Article\/U|—Holidays ............................................................................................................ ........ 8 Article|X—Sick Leave ................................................................. ................... -............................. S Article >(— Vacations .............. ...... —... ..... —........ _.�..,..—.......... �.—...................... 11 �-- Article XI —Union Activities .................... ..................................................................................... 12 Article XU—Uniforms and Equipment ....... .......................... ........ ....... .... ....... ........ ........... '12 ArticleXU|—Insurance ...-------'.~................................................................................. Article XIV —Duty Outside the City .................................................... . ........................................ 14 Article XV —Training Programs ............................. ...... ......... ............. , ......... "4 .......... ................ i4 Article XVI —Bulletin Boards ............................................................................................................. 14 Article XVII — Personnel Transactions ......... ................... .......................................... 'r---'15 Article XVIII — Discipline ..... ....... ....................... .............................................. ....................... �15 Article XIX —Transfer Procedures .................... .................................................... ..... ............... 15 Article XX —Supplemental Employment .................... ............. ................................................... 16 Article)(X|—Safety ........ ....................... ................ ............... ................. ',...... ....................... 10 /\rfide>(>(||—Grievance Procedure ...... ........................................................ `---,'.---.' 17 /\�ideX}(U|—(�enena|(�ondhUnns---,^-------'�—':--�_--'��---��... ;.............. 18 Article)()(|\/— Waiver ................................................................................................ ,................ 1Q Article XXV—Savings Clause -----...—'r----- ......................................... r-'---r.2O Article )()(\/|— Duration ............ --..... ....... ................... ...... .............................. ., .---+-2O Article )(>{\/||— Wages ............... ............. —..----�..—.------a--'�.^_--.—'20 A�inke>[XV|U—Other CnnoP8nSadiOn—_.__.---._—'----........ r—..,_~~ .............. 21 Article XX|}<—Use of Time Off ................... ~......................................................... ...................... 2 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. Al'i Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, 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 express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause, e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in 2 the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty, The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather, Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. G. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiefs position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (1'/z) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours/40 hour = 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro -rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance, provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1- 1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be 5 paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. a. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. b. If the emergency call-in time worked exceeds two (2) hours the employee will be compensated for timeworked. Minimum call-in will be paid at the overtime rate. c. If an employee is called in less than two hours (2) prior to the start of a regularly scheduled duty day, time worked will not be considered minimum call-in but rather an extension of duty. The employee will be compensated at the overtime rate for time worked from arrival at the station until the start of the regular scheduled duty shift. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on -duty personnel. Section 4. Calculation of Overtime. Generally, overtime will berounded in fifteen (15) minute increments. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g. If a punch is registered within 7 minutes of the quarter hour (15 minutes) it will round to the nearest quarter hour, punches within 8 minutes will result in an additional quarter hour (15 minutes). Example: If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A_M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-quarter (1/4) hour and the employee would receive 1.25 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent -in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. 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 employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief, Section 3. Leave of Absence Without Pav. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence, C. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: 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 permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement- Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1, Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-tc-hour basis for doctor's appointments or other health maintenance needs. 9 b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury, (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City - Union committee may waive such payback due to the death or permanent disability of the employee. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank 10 Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1, Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. 11 ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Conference Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Employees on duty at outlying stations may participate in union meetings via remote electronic communication with the on -duty Battalion Chief's permission. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4, State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided, Uniform cap (baseball style) Necktie 3 pair shorts 3 pair sweatpants 1 winter hat 2 short -sleeve uniform shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform polo type shirts (annually) 3 uniform polo type shirts (new employee) Department patches/badges Firefighting gloves 12 Turn out coat Firefighting helmet SCBA facepiece Spring/fall jacket Belt 2 long -sleeve uniform shirts 3 t -shirts (annually) 5 t -shirts (new employee) 1 pair uniform shoes 1 uniform sweatshirt (annually) 2 cold weather duty wear work shirts Firefighting boots Turn out pants Firefighting hood Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $5000 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield 'Iowa 500" two-day deductible plan for employees and eligible dependents. Employees will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows fifty dollars ($50.00) per month for single coverage and ninety dollars ($90.00) per month for family coverage in FY17, fifty-five dollars ($55.00) per month for single coverage and ninety-five dollars ($95.00) per month for family coverage in FY18; and sixty dollars ($60.00) per month for single coverage and one hundred dollars ($100.00) per month for family coverage in FY19, A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates, Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the 'Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the 'Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the 'Iowa 500" plan 13 shall remain in effect. Section 2, Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self -development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1, The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. 14 ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: 15 a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to. a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Drug Testing. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). 16 ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances, Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the 17 grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise M allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the City Hall lot will be held in the names of fire 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 other City employees who park in the City Hall parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. 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 8. Early Retirement Incentive, The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. Section 9. Deferred Compensation. If allowable by law, the City will provide the collective bargaining members the opportunity to contribute to a deferred compensation plan if the employee so chooses with either a traditional contribution or a Roth contribution. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. 19 ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2016 and June 30, 2019, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: July 3, 2016 July 1, 2018 July 2, 2017 June 30, 2019 Section 2. The base pay for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: a. In lieu of an across the board increase, a new Step 7 with a 3.5% differential from the current Step 6 will be added for Firefighters with 10 years of service effective July 3, 2016. The base pay for Lieutenant, Captain, and Lieutenant — Training will be adjusted to maintain the existing differential between ranks. See Exhibit A-1. b The base pay of each step for Firefighters, Lieutenants, and Captains will be increased by two and four -tenths percent (2.4%) effective July 2, 2017. c. The base pay of each step for Firefighters, Lieutenants, and Captains will be increased by two and six -tenths (2.6%) effective July 1, 2018 Copies of the pay plans for FY2017, FY2018, and FY2019 are attached to this agreement as Exhibit A-1 through A-3. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5, Step 7 — after six (6) years at Step 6. 20 Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, six months following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be as follows: May 2016 for FY17, May 2017 for FY18, and May 2018 for FY19. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 FY14-FY16 5 years 1 day - 10 years $365.00 10 years 1 day - 15 years 540.00 15 years 1 day - 20 years 690.00 20 years 1 day - 25 years 840.00 25 years 1 day+ 1,090.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any 21 reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician -Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. Section 5. Each full-time bargaining unit employee who is duly certified as a Hazardous Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive a payment of three hundred dollars ($300.00) on the second paycheck in each fiscal year, ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAAFFF, AFL-CIO, LOCAL #610 By: �� g v MAVOR ATTEST: Date: March 23, 2016 Date: 0.51211Z616 A owed y: City Attorney's Office 22 r LO O O Q O V It O room O O N to r tn V rn N O N M X (fl LU r N m O O O NV V (D to n M O N to Cl) n N r OD co O O O V y q •f CD (D O O N 2 N N N m (D to M O O O V m m °) CN rn O r. 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O O O CD (o O O I- to r co N N LU WN `- O N 00 N O 00 M M LL CND O V O N V N M Cl) O M O W W O CD r- O O (o OO NN OOO (D OO CD 0 (D N In In V' O 0 D) O O O V r m O (6 (6 O CD O �-- N (fl N O N Lo I- Cl) Ln Il - r O Ln I` V m O W O N N N O N O N (D LO I` r I,- `(D (D Z_ Z_ Q F z Z Z Z Z Z w Q W Fw- c� W ¢ w lL J U J W W W W W W W LL C CMD M co f..a �r��p■cv.� 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 co -payments. And after the deductible and co- payment 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 the out of pocket maximum 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 • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies APPENDIX B THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics Private -duty nursing services • Blood plasma • Casts Ambulance • Crutches Air • Durable medical equipment Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90%/10% Single Deductible: Family Deductible: $600 (eff. 1/1/16) $800 (eff. 1/1/16) $650 (eff. 1/1/18) $850 (eff. 1/1/18) $675 (eff. 1/1/19) $900 (eff. 1/1119) 90%/10% until out of pocket maximum Out of Pocket Maximum: Single OPM. Family OPM: $1000 (eff. 1/1/16) $1700 (eff. 111 /16) $1800 (eff. 1/1118) S1100 (eff. 1/1/19) $1900 (eff. 1/1119) IOWA 500 PAYS 100% of Covered Services Summary of Benefits DELTA DENTAL OVERAGE Doha Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. Mon than 80% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes o 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Uke Blue Cross and Blue Shield of Iowa, the Delta.,Dental Plan receives claims directly from participating dentists Arid.we,pay then', directly for you. That eliminates claims -handling chores_for you and your employees — and saves valuable time and .monay ` . To provide a program to meet your company's needs, Delta Dental Pian benefits are available with deductibles, d6paY ents 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 every 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 km Delta r,Ftntal Plan of ➢owe RATE QUOTAMO. N PLAN 11. Program Benefits © Preventive Maintenance ® Routine Restorative 9 Major- Restorative ❑ Dental Prosthetics ❑ Periodontia C) Orthodontics 0 Dependents to age Full-time students ❑ Adults Program Maximums Single $ 500 per year Daductlblo Copsymom Singla/Famay (Annual) s % S_ 25/75 50 % S_ 50 % S � S � S � Family $ 500 — per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family S _ _ per month These rates guaranteed for 12 months beginning on 7-1-85 fdate) if purchased by 7-1-85 (dam) 'Rates Quoted here arc based upon census information Provided and acquiring and maintaining a minj Imum enrNime t of We of total eligible -employees for the duration of the contract. �u Jy� j 11" % Idt Authorizedn ive date This is a general iption of coverage. h is not a statement of contract. Actual coverage is subjea to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes affective. Delta Dental Plan raa+t t 3u zsr of Iowa SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours/40 hours = 1,4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Pay Plan as grade 38.) Pay Plan Step 1 Step 2 FY17 35.17 36.78 (7/3/16) 2813.60 2942.40 73153.60 76502.40 FY18 36.02 37.67 (7/2/17) 2881.60 3013.60 74921.60 78353.60 FY19 36.96 38.65 (7/1/18) 2956.80 3092.00 76876.80 80392.00 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2016 to June 30, 2019. By: CITY OF IOWA CITY City Manager's Office By: IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS AFF, AFL-CIO, LOCAL #610 President Date. Date. '3d(q) Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 16-70 RESOLUTION APPROVING THE IOWA CITY TRANSIT TITLE VI PROGRAM PLAN WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin by agencies such as Iowa City Transit in any programs and activities that receive federal funds; and WHEREAS, the Federal Transit Authority (FTA) requires adoption, and renewal every three years, of a transit -specific Title VI Program Plan for Transit operations receiving federal funding; and WHEREAS, the City should rescind the Title VI Program Plan for Iowa City Transit adopted in 2013, and adopt the attached, revised plan to ensure compliance with Title VI and similar federal laws prohibiting discrimination in the use of federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Title VI Program Plan for Iowa City Transit adopted in Resolution 13-198 is rescinded. 2. The attached Title VI Program Plan for Iowa City Transit is approved. Passed and approved this 23rd day of ATTEST: CITY ERK March _,20 16 4;Lz-z4it=- MAY Ap roved by City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway II x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton A I 1 •---..—, -.■.gas- ..Ill 40 p°°��4 CITY OF IOWA CITY IOWA CITY TRANSIT TITLE VI/LEP PLAN April 2016 City of Iowa City 410 E Washington Street Iowa City, IA 52240 iA Table of Contents Introduction.......................................................................................................... 3 TitleVI Assurances...............................................................................................3 Prepare and Submit a Title VI Program................................................................ 3 Notification of Beneficiaries of Protection Under Title VI ....................................... 5 Title VI Complaint Procedures and Complaint Form.............................................6 Title VI Authorities......................................................................................6 Coordinator Responsibilities......................................................................6 General Responsibilities............................................................................6 Filinga Complaint...................................................................................... 7 Internal Complaint Process........................................................................ 7 Transit Related Title VI Investigations, Complaints, and Lawsuits ........................8 Promoting Inclusive Public Participation...............................................................8 Provide Meaningful Access to LEP Persons.......................................................11 A. Four Factor Analysis................................................................................12 Factor1....................................................................................................12 Factor2....................................................................................................19 Factor3................................................................................................... 20 Factor4.................................................................................................... 20 B. Developing a Language Assistance Plan.................................................21 Results of Four Factor Analysis............................................................... 21 Language Assistance Services by Language .......................................... 21 Notice to LEP Persons............................................................................. 22 Monitor, Evaluate Update Language Access Plan ................................... 23 EmployeeTraining.................................................................................. 23 SafeHarbor Provision.............................................................................. 24 Minority Representation on Planning and Advisory Bodies .............................24 Assistance to Subrecipients.................................................................. 24 Monitoring Subrecipients........................................................................ 4 Determination of Site or Location of Facilities..............................................25 ATTACHMENTS • Attachment A: Certifications and Assurances — FFY2013 • Attachment B: Iowa City City Council Resolution approving Title VI • Attachment C: Iowa City Transit Title VI Complaint Form • Attachment D: Title VI Contract Language for Transit Projects • Attachment E: Notice of Title VI Provisions • Attachment F: Title VI Notification • Attachment G: Service Standards and Policies INTRODUCTION The purpose of this document is to ensure that transit services operated in the City of Iowa City are in compliance with the FTA Circular 4702.113 and Title VI of the Civil Rights Act of 1964, which states: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance.' With specific regard to transit services, this document ensures that: 1. FTA assisted benefits and related services are made available and are equitably distributed without regard to race, color, or national origin; 2. That the level and quality of FTA assisted transit services are sufficient to provide equal access and mobility for any person without regard to race, color, or national origin; 3. That opportunities to participate in the transit planning and decision-making processes are provided to persons without regard to race, color, or national origin; 4. That decisions on the location of transit services and facilities are made without regard to race, color, or national origin; and That corrective and remedial action will be taken if necessary to prevent discriminatory treatment based on race, color, or national origin. TITLE VI ASSURANCES In accordance with 49 CFR Section 21.7(x), every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with DOT's Title VI regulations. The FY2016 Certifications and Assurances for Iowa City Transit were pinned into TrAMS on March 15, 2016. (Attachment A) PREPARE AND SUBMIT A TITLE VI PROGRAM In accordance with 49 CFR Section 21.9(b), all direct and primary recipients document their compliance with DOT's Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years or as otherwise directed by FTA. Iowa City Transit's current Title VI Program expires on May 31, 2016 and will submit an updated Title VI every three years after this date. The Iowa City City Council, Iowa City Transit's governing body, approved Iowa City Transit's Title VI Program on March 23, 2016 (resolution is attached). Iowa City Transit operates a fixed route service with 30 buses at peak time (10 of those buses are paratransit buses operated by Johnson County SEATS) and serves a population of 67,862. This document contains all the elements required of a fixed route transit provider operating in an urbanized area of less than 200,000 in population and operating less than fifty vehicles in peak service. Since Iowa City Transit does not qualify as a large urbanized area (UZA) all general requirements under Chapter III are included as well as system -wide standards and policies under Chapter IV. Johnson County SEATS provides contracted paratransit services to Iowa City Transit. Since Iowa City Transit uses their 5310 funding in the paratransit services contract, Johnson County SEATS is considered a sub recipient. Johnson County SEATS, with assistance from the Fast Central Iowa Council of Governments (Regional Planning Office), has produced and adopted a Title VI Program. This document took effect in March of 2014. Iowa City Transit will require 4 Johnson County SEATS to submit its updated Title V! Program six months prior to Iowa City Transit's Title VI expiration date, every three years. The new 5 -year paratransit service contract between Iowa City Transit and Johnson County SEATS took effect on July 1, 2013. Currently, Johnson County SEATS has no outstanding lawsuits or complaints. Johnson County SEATS does have an advisory committee that includes a representative from Iowa City Transit. The committee meets on a quarterly basis. 5 NOTIFICATION OF BENIFiCIARiES OF PROTECTION UNDER TITLE VI IOWA CITY TRANSIT TITTLE VI POLICY STATEMENT The City of Iowa City assures that no person shall, on the grounds of race, color, or national origin, as provided by Tide VI of the Civil Rights Act of 1984, and the Civil Rights Restoration Act of 1987 (P.L. 100.259), be excluded from or participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity. The City of Iowa City further assures every effort will be made to ensure nondiscrimination in all of its committees, programs, and activities, regardless of the funding source. Iowa City Transit will include Title VI language in all written agreements and bid notices and will monitor compliance. The Iowa City Transportation Services Director will be responsible for initiating and monitoring Title VI activities, and all other responsibilities as required. The Iowa City Civil Rights Coordinator will be responsible for investigating complaints only. i hsr i Chris O'Brien, Transportation Services Director -Daatte Stefanie Bowers, Civil Rights Coordinator Date N TITLE VI COMPLAINT PROCEDURES AND COMPLAINT FORM TITLE VI AUTHORITIES Title VI of 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, nations origin, or sex be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance (23 CFR 200.9 and 49 CFR 21). The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities„ to include all programs and activities of Federal Aid recipients, sub -recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100-259 {S.5571 March 22, 1988). COORDINATOR RESPONSIBILITES The Iowa City Transportation Services Director is responsible for ensuring the implementation and the day to day administration of the Iowa City Transit Title VI Plan. The Civil Rights Coordinator will be responsible for investigating complaints only. The Iowa City Transportation Services Director will be responsible for implementing, monitoring, and ensuring the City's compliance with the Title VI regulations. GENERAL RESPONSIBILITIES A. Public Dissemination The City of Iowa City will disseminate Title VI Program information to Iowa City Transit employees, sub -recipients, and contractors, as well as the general public. Public dissemination will include posting of public statements, inclusion of Title VI language in contracts, and announcements of hearings, and meetings in minority newspapers when determined necessary and funding is available. B. Prevention of Discrimination Procedures will be implemented to detect and eliminate discrimination when found to exist, Including, but not limited to, issues of accessibility of training to all qualified City employees, utilization of Minority/Women/Disadvantaged Business Enterprises (DBE) contractors, public improvement, and material acquisition. All complaints are confidential and may be made available to those assisting in an investigation. C. Reporting The Iowa City Transportation Services Director will be responsible for any reporting required by IDOT and/or FTA. D. Remedial Action The City of Iowa City will actively pursue the prevention of any Title VI deficiencies or violations and will take the necessary steps to ensure compliance through a program review with the program administrative requirements. If irregularities occur in the administration of the programs operation, procedures will be promptly implemented to resolve Title VI issues and reduce to writing remedial action agreed to be necessary, all within a period not to exceed 90 days. IDOT will be notified of any complaint filed at the City of Iowa City involving Title VI Issues, as to any resolution. VA FILING A COMPLAINT Elinibility If any individual, group of individuals, or entity believes that they or any other program beneficiaries have been subjected to discrimination prohibited by Title VI nondiscrimination provision as a recipient of benefits and/or services, or on the grounds of race, color, national origin, or sex, they may exercise the right to file a complaint with the City of Iowa City. Every effort will be made to resolve complaints informally at the agency, recipient, and/or contactor level. Time Limitation on Filing Complaints Title VI complaints may be filed with: • City of Iowa City/Iowa City Transit • Iowa Department of Transportation • Federal Transit Administration U.S. Department of Transportation In all situations, Iowa City Transit employees must contact the Iowa City Transportation Services Director and/or the Iowa City Civil Rights Coordinator immediately upon receipt of Title VI or related statutes complaints. Complaints must be filed not later than 180 days after: • The date of the alleged act of discrimination; or • The date the person became aware of the alleged discrimination; or • Where there has been a continuing course of discriminatory conduct. Complaints must be in writing, and must be signed by the complainant and/or the complainant's representative. The company must set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. A Title VI complaint form is available at the Iowa City City Clerk's office, the Iowa City Transportation Services office, or the Iowa City Civil Rights Coordinator's office during normal business hours. INTERNAL COMPLAINT PROCESSING 1. The Iowa City Civil Rights Coordinator acting as Title VI Coordinator, along with the City Manager, will review the complaint upon receipt to ensure that all information is provided, the complaint meets the 180 day filing deadline and falls within the jurisdiction of the City. 2. The Iowa City Civil Rights Coordinator will then investigate the complaint. Additionally, a copy of the complaint will be forwarded to the City Attorney. 3. If the complaint warrants a full investigation, the complainant will be notified in writing by certified mail. This notice will name the investigator and or investigating agency. The City will also notify the Iowa Department of Transportation Office of Employee Services/Civil Rights. 4. The party alleged to have acted in a discriminatory manner will also be notified by certified mail as to the complaint. This letter will also include the investigators name and will request that this party be available for an interview. M 5. Any comments or recommendations from legal counsel will be reviewed by the Title VI Coordinator. 6. Once the City of Iowa City is notified of Iowa Department of Transportation Office of Employee Services/Civil Rights investigative report findings, the City will adopt a final resolution. 7. All parties will be properly notified of the outcome of the Iowa Department of Transportation Office of Employee Services/Civil Rights report. B. If the complainant is not satisfied with the results of the investigation of the alleged discriminatory practice(s), s/he shall be advised of their right to appeal IDOT's Office of Employee Services/Civil Rights decision. Appeals must be filed within 180 days after the City of Iowa City's final resolution. Unless new facts not previously considered came to light, reconsideration of the City's determination will not be available. The foregoing complaint resolution procedure will be implemented in accordance with the Department of Justice guidance manual entitled "Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes,' available online at www.usdom.4ov/crtleor/Pubs/manualstcomplain. html. TRANSIT RELATED TITLE VI INVESTIGATIONS. COMPLAINTS. AND LAWSUITS There are no active lawsuits or complaints alleging discrimination on the basis of race, color, or national origin with respect to transit service provided by Iowa City Transit. Iowa City Transit has not been asked to take part in any local, state, or federal civil rights compliance reviews in the past three years. Iowa City Transit has not undertaken any federally funded construction projects in the past three years. PROMOTING INCLUSIVE PUBLIC PARTICIPATION Public participation procedures are established to allow and encourage participation in Iowa City Transit's service area and include low income and minority individuals and those with limited English proficiency. Iowa City Transit's Public Participation Plan has been prepared to ensure that no one is precluded from participating in Iowa City Transit's service planning and development process. Iowa City Transit's Public Participation Plan includes a description of when the public participation plan is used, regional partnerships/capital programming, meeting locations, addressing comments, and the identification of stakeholders. When the Public Participation Plan is Used Iowa City Transit will use its Public Participation Plan when considering fare changes, modifications to routes and schedules, and other transit planning projects. Including: Any fare increase for the cost of a general public fare, and subsequent adjustments to youth and reduced fares A new route is established Elimination of an existing route • A major service reduction involving 25% or more of the route miles of the system Iowa City Transit will post service change notices on appropriate buses thirty days in advance of the change date for minor schedule and service changes. Realonal PartnenshloWCaoital Proorrammina For its capital programming, including major facility and bus procurement, Iowa City Transit uses the Metropolitan Planning Organization of Johnson County's (MPOJC) adopted Public Participation Plan. The plan targets interest groups representing unique users of the transportation system as well as groups involved in the growth and development of the metropolitan area. The MPOJC Public Participation Plan was adopted in October of 2010. This plan clearly indicates that the MPO's public participation process satisfies Iowa City Transit's public participation requirements for its Program of Projects and the notices for the regional Transportation Improvement Program (TIP). Iowa City Transit also participates in the Passenger Transportation Plan (PTP) process with other transportation services, both public and private, in the Iowa City Urbanized Area. The PTP is a short range plan that analyzes all aspects of transit operations and is required by the Iowa Department of Transportation. The PTP Update is required every 5 years with and is reviewed annually by the MPOJC Urbanized Area Policy Board. Public participation regarding the PTP has been ongoing since 2007 with focus groups and interviews with transportation stakeholders, surveys, review of local plans, participation in regional transportation planning sessions, and the gathering of background information. Iowa City Transit is represented on the MPOJC's PTP steering committee which is made up of local human services organizations and public transit providers. • Iowa City Transit participated in two surveys regarding transit service as part of the Long Range Transportation Planning process for MPOJC. The surveys will be used in the MPOJC's 2045 Long Range Transportation Plan. • Iowa City Transit is a member of the Paratransit Advisory Committee. The Committee membership includes public transit providers and riders of the paratransit system operated by Johnson County SEATS. The Committee meets on a quarterly basis to discuss paratransit needs. • Quarterly transit manager meetings (or as needed), including Iowa City Transit, Coralville Transit, University of Iowa Cambus, and Johnson County SEATS. • Iowa City Transit, as well as the MPOJC Transportation Planning division, are members of the Johnson County Livable Communities Committee which meets monthly. This group includes many local human services groups, public transit managers, public officials and residents of Johnson County. • Iowa City Transit is a voting member of the MPOJC Transportation Technical Advisory Committee (TrAC). The TTAC comments and makes recommendations to MPOJC's Urbanized Area Policy Board. • Iowa City Transit, as well as the MPOJC Transportation Planning division, participates in the Community Transportation Committee that was inflated by human service agencies 10 in Johnson County. This group's focus is on providing transportation to those that require transportation to work after hours and on days the fixed route system does not operate. This group meets monthly. • Iowa City Transit will once again participate in the MPOJC's Long Range Transportation Plan open houses in Coralville, North Liberty, and Iowa City to gather public input regarding transit issues. • Iowa City Transit will also hold public hearings as needed regarding any change to the transit routes or fares. Meeting locations When determining locations and schedules for public meetings, Iowa City Transit will: • Schedule meetings at times and locations that are convenient and accessible for minority and LEP communities • Coordinate with community organizations and the MPO to implement public engagement strategies that reach out to members of affected minority and/or LEP communities • Consider media outlets that serve LEP populations • Provide opportunities for public participation through written communications, group discussions, and one -0n -one interviews. Addressing Comments All comments received through the public participation plan are given careful, thoughtful consideration. Because there are a number of different ways riders or members of the community can comment on proposed service or fare changes, all comments will be assembled into a single document for presentation to the Iowa City City Council. Identification of Stakeholders Stakeholders are those who are either directly or indirectly affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or may be denied benefits of a plan's recommendations, are of particular interest in the identification of speck stakeholders. While stakeholders may vary based on the plan or program being considered, Iowa City Transit will assemble a listing of stakeholders with whom we may regularly communicate by email or direct mail. Iowa City Transit has assembled a list of stakeholders; including: Johnson County Livable Communities Community Transportation Committee Center for Worker Justice Afro American Culture Center/University of Iowa Asian Pacific American Center/University of Iowa Latino Native American Center/University of Iowa International Center/University of Iowa Neighborhood Centers of Iowa City PROVIDE MEANINGFUL ACCESS TO LEP PERSONS Iowa City Transit, with assistance from the MPOJC, has conducted the following analysis to meet requirements under Title VI of the Civil Rights Act of 1964. This Act seeks to improve 11 access to services for persons with Limited English Proficiency (LEP). The following uses the Four Factor Analysis identified in the LEP Guidance. A. Four Factor Analysis Factor 1: Assessing the number and proportion of LEP persons served or encountered in the eligible service population Task 1. Step 1: Examine prior experiences with LEP individuals Iowa City Transit serves a diverse community. The University of Iowa brings people from all over the world to the Iowa City urbanized area which includes not only Iowa City but the communities of University Heights, Coralville, North Liberty, and Tiffin. Iowa City Transit has a service contract with the City of University Heights and operates in and around the University of Iowa campus. Most foreign -speaking residents residing in Iowa City are affiliated with the University of Iowa, either as an international student or visiting scholar. The University has, on average, an international student population of 4,000 persons on an annual basis as well as approximately 400 visiting scholars. Task 1. Step 2: Become familiar with data from the U.S. Census The Iowa City Urbanized Area includes the municipalities of Coralville, Iowa City, North Liberty, Tiffin, and University Heights. According to the U.S. Census Bureau, the population for the urbanized area was 74,513 in 1990, 84,672 in 2000, 91,881 in 2005 and 103,152 in 2010. These numbers represent an average annual population growth of 1.01%. Iowa City's current demographics are: Iowa City Statistics and Demographics Number Percent Iowa City Population 67,862 100.0 SEX AND AGE Male 33,755 49.7 Female 34,107 50.3 Under 5 years 3,204 4.7 5 to 9 years 2,799 4.1 10 to 14 years 2 566 3.8 15 to 19 years 7,538 11.1 20 to 24 years 16 711 24.6 25 to 29 years 6,958 10.3 30 to 34 years 4,225 6.2 35 to 39 years 3,280 4.8 40 to 44 years 3,007 4.4 45 to 49 years 2 931 4.3 50 to 54 years 3,230 4.8 55 to 59 years 3,315 4.9 60 to 64 years 2,563 3.8 65 to 69 years 1,629 2.4 70 to 74 years 1,161 1.7 75 to 79 years 1954 1 1.4 80 to 84 years 1863 1 1.3 12 85 years and over 928 1.4 Median age ears 25.6 X 16 years and over 58,801 86.6 18 years and over 57,752 85.1 Male 28 627 42.2 Female 29,125 42.9 21 years and over 47,305 69.7 62 years and over 6,962 10.3 65 years and over 5,535 8.2 Male 2,277 3.4 Female 2,393 4.7 RACE One Race 66,163 97.5 White 56,004 82.5 Black or African American 3,912 5.8 American Indian and Alaska Native 144 0.2 Asian 4,680 6.9 Asian Indian 817 1.2 Chinese 1,866 2.7 Filipino 133 0.2 Japanese 181 0.3 Korean 803 1.2 Vietnamese 318 0.5 Other Asian 562 0.8 Native Hawaiian and Other Pacific Islander 28 0.0 Native Hawaiian 6 0.0 Guamanian or Chamorro 5 0.0 Samoan 8 0.0 Other Pacific Islander 9 0.0 Some Other Race 1,395 2.1 Two or More Races 1,699 2.5 HISPANIC OR LATINO Hispanic or Latino of any race 3,627 5.3 Mexican 2,218 3.3 Puerto Rican 265 0.4 Cuban 86 0.1 Other Hispanic or Latino 1,058 1.6 Not Hispanic or Latino 64,235 94.7 White alone 54,103 79.7 RELATIONSHIP Total population 67,862 100.0 In households 61,277 90.3 Householder 27 657 40.8 Spouse 8,980 13.2 13 Child 11,519 17.0 Own child under 18 years 9,621 14.2 Other relatives 1,575 2.3 Under 18 years 314 0.5 65 years and over 174 0.3 Nonrelatives 1115-46- 17.0 Unmarried partner 1,965 2.9 In group quarters 6,585 9.7 Institutionalized population 296 0.4 Non -institutionalized population 6,289 9.3 HOUSEHOLDS BY TYPE Total households 27,657 100.0 Family households families 11,743 42.5 With own children under 18 years 5,254 19.0 Husband -wife family 8,980 32.5 With own children under 18 years 3,721 13.5 Male householder, no wife present 779 2.8 With own children under 18 years 317 1.1 Female householder, no husband present 1,984 7.2 With own children under 18 years 1,216 4.4 Nonfamily households 15,914 57.5 Householder living alone 9,488 34.3 65 years and over 1913 7.00 Households with individuals under 18 years 5,479 19.8 Households with individuals 65 years and over 4,020 14.5 Average household size 2.22 X Average family size 2.88 X HOUSING OCCUPANCY Total housing units 29,270 100.0 Occupied housing units 27,657 94.5 Vacant housing units 1,613 5.5 For seasonal, recreational, or occasional use 144 0.5 Homeowner vacant rate(percent) 2.8 X Rental vacancy rate(percent) 4.1 X HOUSING TENURE Occupied housing units 27,657 100.0 Owner -occupied housing units 13,011 47.0 Population in owner -occupied housing units 30,854 X Average household size of owner -occupied units 2.37 (X) Renter -occupied housing units 14,646 53.0 Population in renter -occupied housing units 30 423 X Average household size of renter -occupied 2.08 X 14 units I I_ Source: U.S. Census Bureau, 2010 Census. There were 4,540 international students according to the University of Iowa's fall 2015 enrollment statistics, which represents 14.12% of the University of Iowa student enrollment. The largest national representations of international students and scholars at the University of Iowa are from Asia, as shown below: UI International Students and Scholars: 5 Largest National Representatives National Representation Student Population Scholar Population China (PRC) 2,797 165 Korea, Republic of 341 37 India 341 31 Malaysia 75 0 Taiwan 72 4 Source: The University of Iowa, Fall 2095 Profile of International Students and Scholars Task 1. Step 2A: Identify the geggraphic boundaries of the area that your agency serves The Iowa City Transit service area is defined by the city limits of Iowa City and University Heights, and the University of Iowa campus. (Transit Service Area Map of Iowa City Urbanized Area) 15 I, M yy r 1y * a_� m �A �•rAS � 16 Task 1. Step 213• Obtain Census data on LEP population in your service area In determining the number or proportion of LEP persons in Johnson County, including the City of Iowa City, 2010-2014 U.S. Census American Community Survey (ACS) data was evaluated. According to ACS data, 18,045 persons in Johnson County (14.05% of the population) spoke a language other than English at home. Of the 18,045 persons residing in Johnson County who spoke a language other than English at home, 6,385 (4.97% of the population) reported speaking English less than "very well", or in other words, would be considered to have limited English proficiency. The table below shows the language subgroups as follows: Persons in Johnson County Who Reported Speaking English Less Than "Very Well" Language Spoken Spanish Other Indo-European language Asian & Pack Island language Other languages Number of Persons 1,883 864 2,840 798 Source: 2090-2094 American Community Survey 5 Year Estimates Percent of Total Population 1.47% 0.67% 2.21% 0.62% Task 1 Step 2C• Analyze the data collected According to the University of Iowa's fall 2015 Profile of International Students and Scholars, China, the Republic of Korea, India, and Malaysia remain the top represented countries in the international student population. Taiwan (72 students) rounds out the top five, replacing Japan (45 students) from the fall 2001 largest international student enrollment representations. While the same data is not available for the international scholar population, it can be assumed that past national representation trends found among the student population can be applied to the international scholar population, as four of the top five represented countries are the same for both international students and scholars in 2008. The University of Iowa's Intensive English Program (IIEP) reports 315 international students enrolled in the intensive English language classes, while other visiting students speak and understand, at minimum, some English. The international Students and Scholars Services (OISS) director stated that the student population from India generally speaks advanced -to - fluent English. Visiting scholars have no English speaking requirements and often speak little - to -no English. The scholars attend the University to conduct research with an affiliated University member who speaks the scholar's native language. There is an additional international population of approximately 500 dependents and spouses that accompany international students and scholars. 17 Iowa City Transit assessed the frequency with which staff and drivers have, or could have, contact with LEP persons. This includes documenting phone inquiries and surveying vehicle operators. To date, the transit agencies have had very little to no contact with LEP persons. Task 1 Step 2D• Identify any concentrations of persons within service area No large concentrations of LEP persons exist in the Iowa City urbanized area. Task 1 Step 3• Consult state and local sources of data The Iowa City Community School District (ICCSD) and the Iowa Department of Education compile information regarding the number of students receiving English Language Learning (ELL) services. The following charts show how the use of ELL services, largely attributed to an influx of Spanish, Bosnian, and Vietnamese speakers, and is increasing in Iowa's schools. In the ICCSD the number of students receiving ELL services is 9.48% (1,253 students) for the 2015-2016 school year. Ten Year English Language Learner (ELL) Iowa Public and Non- Public PK -12 ELL Students 300M 2500D - - 2500D 20000 ------ -- - - 10000 i 5000 0 d�0o a 4 ti� ti� ti� y01 In Iowa, students receiving English Language Leaming services have increased 52.32% in the past decade. According to US Department of Education 2013-2014 school year data, the native language of most Iowa ELL students Is Spanish (65.08% of all Iowa ELL students). The second most common native language in Iowa is Vietnamese (3.25%), followed by Bosnian (2.74%). Ten Year English Language Learner Trends In the Iowa City Community School District (ICCSD) 18 % of 1CCSD Students Receiving Engiish Language Learning Support 9.48% 10.00% 8.31% 8.00% 6.97% 6.00% 3.6D% 4'()8% 3.83% 3.75% 3.50% 3.78 4.00% 2.00% 0.00% Ave IV49 tie ti4f yea tip'~ ti�yry titi_60 Source: Iowa Department of Education, PK -12 Student Data Iowa Public School PK -12 Limited English Profiderd Students (LEP) by uisrna ana Grace For the 2015-2016 school year, there are 13,217 students (IA Dept. of Education Certified Enrollment) in the Iowa City Community School District. Of those, 9.48% (1,253 students) receive English Language Learning services. Iowa City Transit and MPOJC have current associations with local business, the Iowa City Community School District, and the University of Iowa and their OISS center. All of these organizations provide service for persons speaking limited English. Task 1 Step 4A• Identify community organizations LEP persons are served mainly by the University of Iowa's OISS center. Iowa City Transit in collaboration with MPOJC has developed a working relationship with the University of Iowa's OISS center for language assistance services. OISS has agreed to assist the local transit agencies in Johnson County by distributing transit program information to international students and scholars. Task 1 Step 4C; Obtain information Working through the MPO, Iowa City Transit will continue to reach out to LEP persons and organizations in order to gather relevant information and provide transit information. Factor 2: Frequency with which LEP individuals come into contact with transit programs, activities, and services. Iowa City Transit provides service on 19 regular routes from 5:45 a.m.-11:00 p.m. All routes operate daily with 30 -minute service during peak periods. The Seventh Avenue (during a.m. and p.m. peak periods), Melrose Express, Westside Hospital, Eastside Express, and Westport routes operate hourly all day long. Midday service is hourly except on the Towncrest and Oakcrest where service is 30 minutes all day during the University academic year. The Eastside 19 Loop operates when Iowa City schools are in session. Hourly evening service is provided to the some general service area using combined routes, from 6:30 p.m. -11:00 p.m. Saturday service operates hourly all day with service ending at 7:40 p.m. There is no fixed route service on Sundays. Iowa City Transit also extends service to Chatham Oaks Care Facility located on the west side of Iowa City. During peak periods Iowa City Transit operates 20 buses. Twelve buses operate weekdays off-peak. During evening hours and on Saturdays, five buses are in service. The Downtown Iowa City Transit Interchange is the hub of Iowa City Transit's operations. All regular routes arrive and depart at the interchange except for the Eastside Loop, allowing for coordinated transfers between buses. There is one free -fare route, the Downtown Transit Shuttle. The existing fare structure is a $1.00 base fare, $32 unlimited ride 31 -day pass, and $8.50 for a ten -ride ticket strip. There is a 75¢ youth fare for K-12 aged children. Children under five may ride free accompanied by an adult. There is also a K-12 31 -day pass available for $27 and a student semester pass for $100 for persons attending the University of Iowa or Kirkwood Community College. There is a monthly pass for University of Iowa faculty/staff for $27 per month. Elderly persons may ride during off peak hours and all day Saturday for 50¢. Eligible persons with disabilities and low income elderly persons may ride free during off peak hours. A qualifying purchase from any merchant participating in the Bus and Shop Program entitles the purchaser to one free ride any time of day. Free transfers are available and may be used on Coralville Transit. All Iowa City Transit fixed route buses are INVramp-equipped. Demand responsive paratransit service is provided during fixed -route service hours and on Sundays (8 a.m.-2 p.m.), operated by Johnson County SEATS. There are many places where Iowa City transit riders and members of the LEP population can come into contact with Iowa City Transit services. An important part of the development of Iowa City Transit's language assistance program is the assessment of major points of contact, including: • The use of bus service • Communication with customer service staff • Bus pass sales • Printed outreach materials • Web -based outreach materials • Public meetings • Local news media • Audio announcements To better understand the frequency with which LEP riders come into contact with Iowa City Transit services, Iowa City Transit conducted an internal survey of fixed route bus drivers to determine what language skills already exist among Iowa City Transit employees and the number and nature of encounters with riders where language is a barrier. Although varying degrees of fluency were discovered 5 drivers were fluent in Spanish. Iowa City Transit employees also indicated that encounters with customers who were unable to communicate in English were rare. Task 2, Step 2: Review information obtained from community organizations 20 Through public input and planning sessions, Iowa City Transit has discovered that most community organizations want more service related to jobs, education, day care, and health care and have identified very few LEP issues. Task 2. Step 3: Consult directly with LEP persons LEP persons were consulted through the local planning process. Factor 3: Assess the nature and importance of the program, activity, or service provided by the program Task 3. Step 1: Identify your agencies most critical services Using public transportation is important to LEP persons as indicated from discussions with local groups and the University of Iowa. Iowa City Transit's most critical services include: • Fixed route services • Paratransit services • Coordination with other public transit agencies in the urbanized area If limited English is a barrier to using these services then the consequences for the individual are serious, including limited access to obtain health care, education, or employment. Critical information from Iowa City Transit which can affect access includes: • Route and schedule information • Fare and payment information • System rules • Information about how to ride • Public service announcements • Safety and security • Complaint forms • Communication related to transit planning • Information regarding paratransit services An example of Iowa City Transit's interior bus signage is included in Attachment F. Task 3. Step 2: Review input from community organizations and LEP persons Iowa City Transit has received very little input from the community regarding problems with language barriers. Factor 4: Assessing the resources available to the recipient and costs Task 4. Step 1: Inventory language assistance measures currently being provided, along with associated costs Iowa City Transit provides the following language assistance measures to date: • Multilingual 24-hour telephone service • Language Line available on website • Identified employees that speak a language other than English • Transit information translated into 5 different languages on website • Provide introductory bus ride as part of the University of Iowa's orientation through OISS • Assistance from OISS when needed 21 Cost for these measures is under $500 annually. Task 4, Step 2: Determine what, if any additional services are needed to provide meaningful access Iowa City Transit will focus on the following service improvements: • Translation of critical printed information • Improve website information regarding LEP • Translation of paratransit information • Provide additional signage in buses in multiple languages • Include LEP in driver training Task 4. Step 3: Analyze your budget Like most public agencies, Iowa City Transit's budget is constrained by several factors and staff resources are also limited. Devoting more resources to printing, webpage design, signage, and additional administrative costs are included in future transit budgets. Task 4. Step 4: Consider cost effective practices for providing language services Iowa City Transit will continue to work with the community and the university to provide cost effective practices including researching and pursuing language assistance products and translation services developed and paid by local, regional, and state government agencies. B. Developing a Language Assistance Plan a. Results of Four Factor Analysis: The City of Iowa City is part of the Iowa City Urbanized Area that includes a large university with over 32,150 students. Because of the University, many foreign students and faculty live in the Iowa City urbanized area creating the potential for language issues. As identified In the four factor analysis, both the Hispanic/Latino and the Asian/Pacific Island populations were identified as needing language assistance since their populations were each over 5% of the total population in Iowa City. Because of the diversity of the Asian/Pacific Island population, Iowa City Transit approached the University of Iowa's Office of International Students and Scholars to assist in identifying the top Asian/Pacific Island languages within the University system that may require language assistance. Chinese and Korean were identified as the top two Asian/Pacific Island languages. As a result, Iowa City Transit offers information in Chinese, Koran, and Spanish. b. Language Assistance Services by Language: The following measures have or will be implemented to ensure LEP persons have adequate access to transit information: Iowa City Transit, in collaboration with Coralville Transit, Johnson County SEATS, University of Iowa Cambus, and the Metropolitan Planning Organization of Johnson County have developed a working relationship with the University of Iowa's Office of International Students and Scholars (OISS) for language assistance services. OISS has agreed to assist the transit agencies in Johnson County by distributing transit program information to international students and scholars. 22 Through a joint effort, all incoming international students and scholars have the option of taking an introductory bus ride as part of OISS' annual orientation. OISS staff, along with student volunteers, takes the international students on Iowa City Transit to Wal-Mart and on Coralville Transit to Coral Ridge Mall. The bus ride exposes the students to how the bus system operates and OISS staff is present to answer any questions. All incoming intemational students take a tour of the University of Iowa campus using the Cambus service. • Iowa City Transit will identify any employees who speak a language other than English. For those employees who are able and willing to provide translation services, their services will be called upon as needed during fixed route service hours to interpret and assist LEP individuals. The City of Iowa City has a multilingual 24-hour telephone service, the Language Line. The Language Line is a three-way call translation service that can translate numerous languages. Language Line Services provides a sheet which lists the languages available for translation assistance. The language sheet can be used by transit agency staff to determine the language spoken by an LEP individual. • Iowa City Transit will develop additional language services on their transit website. A link will be added to the transit websites that will have general transit information translated in the most common spoken languages in Johnson County. c. Notice to LEP Persons: Iowa City Transit will provide general public transit information, bus timetable and route information, and any additional pertinent information to the University of Iowa's Office of International Students and Scholars (OISS). OISS will distribute the materials to international students and scholars upon their arrival and as needed. If an international student or faculty member has any questions, the OISS can accommodate the student in receiving translation assistance either on-site or by directing them to the respective language program. OISS also provides intemationai students and scholars a handout providing information on local destinations, the respective bus company and bus line, as well as the days the bus operates. Handouts will be made available that contain information on language assistance services as well as a summary of important transit information. The handout will be translated into the most common spoken languages in Johnson County and will be available on all buses and at all transit offices. The handouts will also be provided to the OISS to be distributed to the international student and scholar populations. Transit information will also be provided in the most common spoken languages in Johnson County on the transit websites. The City of Iowa City also utilizes the Language Line Services for translation of languages that are not English. Language Line Services are free to the user and interprets from English into more than 170 languages and are accessible 24 hours a day, 7 days a week. Those seeking language assistance can visit the transit office W and work with a customer service representative using language identification cards to inform us as to which language they speak. The individual needing language assistance can point at a language on the identification card which includes a message stating, " Point to your language. An interpreter will be called. The interpreter is provided at no cost to you." d. Monitor, Evaluate and Update Language Access Plan: All language assistance programs and procedures will be evaluated on an annual basis. The following will be monitored and reviewed annually: • The number of documented LEP persons encountered • How the needs of the LEP persons were addressed Determine whether local language assistance programs have been effective • Evaluate the number of outreach efforts provided by the University of Iowa's Office of International Students and Scholars • Determine if any changes in the level of assistance provided by the International Office are required Each encounter with an LEP person will be recorded by the bus driver/office on a special card and is reported directly to the Transportation Services Director. Dissemination of the Title VI/LEP Plan includes a link to the Title VI/LEP Plan on the Iowa City Transit website at: httip:/A-vww.icqov.org/defauftnid=1615 Any person or agency with internet access will be able to access and download the plan from the above -referenced website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the plan in translation which will provided if feasible. e. Employee Training: Current and incoming employees will be trained on the policies and procedures of the language assistance program. Staff would have the necessary information provided to them to assist LEP individuals. The following information will be available to assure staff can adequately assist LEP persons: • Information on Title VI Policy and LEP responsibilities • Description of language assistance services offered to the public • Contact information of chosen bilingual staff who have agreed to assist in translation services • Documentation of language assistance requests • Use of the Language Line Services • How to handle a potential Title VULEP complaint C. Safe Harbor Provision 24 As identified in the four factor analysis, Iowa City Transit identified Spanish speakers (1,883 in population) and Asian (Pacific Island) speakers (2,840 in population) as requiring languagatwritten materials assistance. The Asian language speakers were also identified in the analysis of the University population. Information regarding translation services for these populations is included on the Iowa City Transit website. MINORITY REPRESTATION ON PLANNING AND ADVISORY BODIES Iowa City Transit is part of the City of Iowa City which has an elected City Council to oversee Iowa City Transit activities. In June 2012 the City Council passed a resolution establishing an Ad Hoc Diversity Committee to study City transit and law enforcement operations as they relate to minority populations. Four of the seven members appointed to the Ad Hoc Committee were African American and one member was Native American. Two members were Caucasian. Over the course of six months, the Ad Hoc Diversity Committee held 22 Committee meetings and held several public information gathering sessions with local community members from diverse backgrounds to discuss and receive feedback about transit and law enforcement operations. Iowa City Transit continues to implement the recommendations of the Ad Hoc Diversity Committee. Johnson County SEATS, a paratransit subrecipient to Iowa City Transit, has a 5 member advisory committee, including Iowa City representatives, that includes riders. This committee meets quarterly. ASSISTANCE TO SUBRECIPIENTS Johnson County SEATS, a paratransit subrecipient to Iowa City Transit, by contract requires SEATS to comply with their Title VI Program and to report any Title VI complaints. As primary recipient, Iowa City Transit will provide the following information to Johnson County SEATS: Sample notloes to the public informing beneficiaries of their rights under DOT's Title VI regulations, procedures on how to file a complaint, and the recipient's Title VI complaint form. • Sample procedures for tracking and investigating Title VI complaints filed with a subrecipient, and when the primary recipient expects the subrecipient to notify the primary recipient of complaints received by the subrecipient. • Demographic information on the race and English proficiency of residents served by the subrecipient. This information will assist the subrecipient in assessing the level of service it provides to the community and in assessing the need for language assistance. • Other information will be provided at quarterly meetings with the transit systems in the Iowa City urbanized area. MONITORING SUBRECIPIENTS In order for Iowa City Transit to ensure compliance with Title VI requirements by a subrecipient, Iowa City Transit shall undertake the following activities: Document its process for ensuring that all subrecipients are complying with the general reporting requirements, as well as other requirements that apply to the subrecipient. 25 • Collect Title VI Programs from subrecipients and review programs for compliance. • At the request of FTA, in response to a complaint of discrimination, or as otherwise deemed necessary by the primary recipient, the primary recipient shall request that subrecipients who provide transportation services verify that their level and quality of service is provided on an equitable basis. • Iowa City Transit will meet annually with Johnson County SEATS to ensure compliance. DETERMINATION OF SITE OR LOCATION OF FACILITIES The future Iowa City Transit Maintenance/Bus Storage Facility is in the early planning stages. This facility will be built on property currently owned by the City of Iowa City. 26 Attachment A: 2013 Certifications and Assurances Y'fl- FRXC", YEAR �Q IV CU -n -F ICA V I ONS AS D ASSUR A NCES YUWRAOIRAL YEAR 2016 CL'Xnl'lC41lUNS AND 4SSURAX�CLCw FOR WDERAL TRANfin'AJ)ML-VWTRATION'ASSIS'fANCE PROGRAMS (kqr*Wc PWN &VnU6vr lo pmVx* UtM4Wk)nF and Awmiiw iu UAMS) kij= V Antir low,& City Transff Yt,. prcvj#;W GY, Wi 444-4xx Orr'—"t U —A *16 WZ4Wt PevAdm", of W C%*4qx,*j f, Lm tw—ik& 4Y iidr� K x 66,Iia t' x 07. UE AW" bYLA3U Tw*k Aim MwAvtww hao W F4Ww Tm-ppumAx Ajobay Wely PW, x kLC&,jl m*d ceffinTiot SawU60-k Taw*4- x vlxw wd" cap1w k*44pv4 G: w* !'Kwan., 040p lims, sma sthms. AEO Cm -t NA i"fe)- 41"f0? _ _ _ 1 �, S1cAC of Crood. R�tpas hnttrua _ +�; i s. is. CWAMU fw 000R t_ AM but lw0Akt "kf IAW ot kL Endiftion Vdi0v Dtployawl GWA PTOPWId, 14. Ubmakwd Arm fwmli Ckv&W Ftqmw mO ilaw*ftgor t*Try (;twg PWVNT, x 15. Sod= ma k4irmooL wish Di"WiNN prafmwL 16 gw*J Amm " AN"Was Nwk"tm pmpwm. NA 17, TrJW ThAW Piagam (Pt"r I wpVdmmtjm w lidW Renu iwiom f1q&mft4. NA W Slaw SANty 0mvighl Chat hosmm R—A 44, PwbW- 7b*4KmuAm Elmvpme), Rditf PwSwu NA.. W. FApaMad hojwlDdivay ftkAPmow, NA 21. lr*ftdm-wm llinanx hpwww 22, Pmp-&m NA 23. HiKht hakfaiw* NA so ;14A i'i'i. FISCAL YEAR Milik, CEPTIVICATIONS AND A.K.SMANMR p AFFUDUDON OF "WICANT 44, Im of e'c AP'71.wx"' chy of Iowa, City. fit I 4mii%s MI. Mertax, 04, Mfinap'r IVY cw WWI offla AVA ilhk ld>-I= 0— 1 fwdilly kvilmvi'ul flic to sit, r tivuz C;'ifi*'Z 's At sxaysx w iw L, "E31 ".il Ahm� 1 i; wasp L ta4kly " el Wwj kws. sr W�kNl"' atY MqLiww'% t.41" sr fit fr si rub.nn%' *At wvly ww' Ul r* fifv'v'kwl wo &M ww i Oia-W 0" lilt flask „:'tpq:c (F7 A) ir, fw l &Aff Ywv?p It, C"W*'%fVL of %�Sh' 0- k1l Ili", dw a xe a-, vi (w 4plk-lef h4oN`a-�A- 1, w-wo �. FTA h*A&L.Vldw VWIA.W;WOOVrK!&A3fftk 6x2mx1004 `, Vtj W osdAmW f,,T vobi* C irmiA m&, of wy k1w "d. 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Attachment S: Iowa City City Council Resolution approving Title VI RESOLUTION NO. RESOLUTION APPROVING THE IOWA CITY TRANSIT TITLE VI PROGRAM PLAN WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin by agencies such as Iowa City Transit in any programs and activities that receive federal funds; and WHEREAS, the City should adopt a plan to ensure compliance with Title VI and similar federal laws prohibiting discrimination in the use of federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Title VI Program Plan for Iowa City Transit is approved. Passed and approved this 23rd day of March , 2016. MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office the Resolution be AYES: NAYS: ABSENT: Botchway II Cole Dickens Mims Taylor _ Thomas Throgmorton 29 Attachment C: Iowa City Transit Title VI Complaint Form IOWA CITY TRANSIT TITLE VI COMPLAINT FORM This form may be used to file a complaint with the City of Iowa City based on violations of Title VI of the Civil Rights Act of 1964. You are not required to use this form, a letter that provides the same information may be submitted to file your complaint. Complaints must be submitted within 180 calendar days. Name: Street Address: Date: City: State: Zip: Telephone: (home) (work) Individual(s) discriminated against, if different that above (use additional pages if needed). Name: Street Address: Date: City: State: Zip: Telephone: (home) (work) Please explain your relationship with the individual(s) indicated above: Name of agency and department or program that discriminated: Agency or department name: Name of Individual (if known): Address: City: Date(s) of alleged discrimination: Date Discrimination began Last or most recent date State: Zip: ALLEGED DISCRIMINATION: 30 If your complaint is in regard to discrimination in the delivery of services or discrimination that involved the treatment of you by others by the agency or department indicated above, please indicate below the basin on which you believe these discriminatory actions were taken. Race Color National Origin Explain: Please explain as clearly as possible what happened. Provide the name(s) of witnesses) and others involved in the alleged discrimination. (attach additional sheets if necessary and provide a copy of written materials pertaining to your case). Signature: Date: Note: The City of Iowa City prohibits retaliation or intimidation against anyone because that individual has either taken action or participated in action to secure rights protected by policies of the City. Please inform the Iowa City Civil Rights Office if you feel you were intimidated or experienced perceived retaliation in relation to filing this complaint. 31 Attachment D: Title VI Contract Language for Transit Projects TITLE VI CONTRACT LANGUAGE During the performance of this contract, the contractor, for itself, its assignees, and successor in interest, (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulation The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made part of this contract. 2. Nondiscrimination The contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection of and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth is Appendix B of the Regulations. 3. Solicitation for Subcontracts, including Procurement of Materials and Equipment In all solicitations whether by competitive bidding or negotiations made by the contractor for work to be performed under a subcontract, including the procurement of material for leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulation relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Iowa City, Iowa Department of Transportation or appropriate Federal Agency to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of contractors in exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Iowa Department of Transportation or the appropriate Federal Agency as needed, and shall set forth what efforts it has made to obtain the information. 32 5. Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Iowa City shall impose such contract sanctions as the Iowa Department of Transportation may determine to be appropriate, including, but not limited to: • Withholding of payments contractor complies and/or • Cancellation, termination, part. 6. Incorporations of Provisions to the contractor under contract until the or suspension of the contract, in whole or in The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the City of Iowa City, Iowa Department of Transportation, or appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 33 Attachment E: Notice of Title VI Provisions CITY OF IOWA CITY NOTICE OF TITLE VI PROVISIONS The City of Iowa City (Iowa City Transit) operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any penton who believes she or he has been aggrieved by unlawful discriminatory practice under Title VI may file a complaint with Iowa City Transit. The Civil Rights Restoration Act of 1987 amended Title VI to specify that entire institutions receiving Federal funds, whether schools, colleges, government entities, or private employers must comply with Federal civil rights laws, rather than just the particular programs or activities that receive federal funds. If you feel you are being denied participation and/or benefits in this program, or otherwise being discriminated against because of your race, color, or national origin, or would like more information on Iowa City Transit's civil rights program and the procedures to file a complaint you may contact: City of Iowa City Civil Rights Office 410 East Washington Street Iowa City, Iowa 52240 319-356-5022 httt)://www. icaov.om/defaultl?id=1515 Iowa Department of Transportation Office of Employee Services — Civil Rights 800 Lincoln Way, Ames, Iowa 50010 Iowa DOT: 800-262-0003 Civil Rights Commission: 800-457-4416 A complainant may file a complaint directly with the Federal Transit Administration (FTA) by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5"' Floor -TCR, 1200 New Jersey Ave., SE, Washington, DC 20590. YOU SHOULD CONTACT THE ABOVE INDIVIDUALS AS SOON AS POSSIBLE BUT NO LATER THAN 180 DAYS AFTER THE ALLEGED DISCRIMINATION OCCURRED, OR IF THERE HAS BEEN CONTINUING COURSE OF CONDUCT, NO LATER THAN 180 DAYS AFTER THE ALLEGED DISCRIMINATION WAS DISCONTINUED. This notice will be available on the Iowa City Transit website, on Iowa City Transit buses, and at the Iowa City City Hall. 34 Esta notificacibn estar6 disponible en el sitio web Iowa City Transit, en Iowa City autobuses de tr;§nsito, y en las instalaciones de Tr6nsito Iowa City. If information is needed in another language, contact 319-356-5022. 35 Attachment F: 'title VI Notification Cq V1 • U CO o CDE.� Z O :s cM �'c — �, p Oh COO W 'D D t3 A C U 'a pL C C m � •� ,� o 0000 C! L Cay Co�v E Q o o Cc irna�.m Ue CD .0 N 'tj c U M C ti 0Cc La 21 3 Ore E cc .- C. V p 0ID = o o b y CL r m*6 rn far.2 M=me- (D = •8 CO : •_•+ I.� O N .0 0� �� C 9 10 E v CC to I Z CL E It 0oca ���� 0.V Attachment G: Service Standards and Policies Iowa City Transit SERVICE STANDARDS AND POLICIES SYSTEMWIDE SERVICE STANDARDS To prevent discriminatory service design or operation, the FTA circular requires transit agencies to adopt system wide service standards and system wide service policies (policies are discussed later in this section). System wide service standards are required for the following criteria: ➢ Vehicle Load ➢ Vehicle Headway ➢ On-time performance ➢ Service Availability VEHICLE LOAD To ensure Iowa City Transit customers can gain access to public transit services while balancing customer comfort, loading standards must be established and schedules devised that reflect customer volumes. This standard is measured as the ratio of customers on board to the seated bus capacity expressed as a percent. Values of 100 percent or less indicate all riders are provided a seated ride while values above 100 percent indicate standees. The following loading standard indicates the degree of crowding (i.e., standees) that is acceptable based on bus type and manufacturer's recommendation for safe, maximum loading capacity. These standards reflect standees in the center portion of the bus only, not in the stairwells. For ridership consistently above these standards below, Iowa City Transit will place a second bus on the trip. Standard: Acceptable load factors should never consistently exceed the following: (Industry Standard: 125-150% in urban areas, 175% in university systems) Iowa City Transit experiences heavy demand on a daily basis as a result of providing service on a University campus. It operates a uniform fleet of 40' buses. This has resulted in the addition of "helper buses" to address capacity concerns. VEHICLE HEADWAY Vehicle headway (the time interval between two vehicles traveling in the same direction on the same route) standards at Iowa City Transit relate to frequency of service. This standard is one of the commonly applied measures of transit adequacy, particularly from the customer's point 37 of view. Consequently, it can be one service characteristic that is the course of customer dissatisfaction. In general, frequencies or "headways" (i.e., the time from one bus to the next at the same location) are established to provide enough vehicles operating past bus stops on a route to accommodate the customer volume and to stay within the recommended loading standards, which were discussed previously. If customer loads are light enough that more time is needed between vehicles to meet loading standards, then headways should be set on clock - face headways operating at 30 and 60 -minute Intervals. Standard: For periods in which service is operated, the standard minimum headways by type/time of service are as follows. (Industry Standard: Varies) The definition of the above service types/times is as follows: Weekday. Routes operated generally from 5:45 a.m. to 6:30 p.m., Monday -Friday. Weekday Night. Routes operated generally from 6:30 p.m. to 11:00 p.m., Monday -Friday. Saturday. Routes operated generally from 5:45 a.m. to 7:40 p.m. Sunday. Iowa City Transit does not operate fixed route service on Sunday. As with all standards, this headway matrix should be considered a guide, not an absolute measure. ON-TIME PERFORMANCE Published timetables must provide the transit customer with a reasonable guarantee that the scheduled service will operate, and will, additionally, operate on time. The dependability of Iowa City Transit is important to people who typically plan trips around the availability of bus service. Moreover, customers associate a time penalty with unreliable bus service that reduces the attractiveness of public transportation. There are several ways to measure Iowa City Transit's dependability. The first is whether service operates at all. Measures of actual versus scheduled service (missed trips) are expressed as the percentage of scheduled trips that are actually made. Iowa City Transit should have sufficient spare buses and bus drivers to assure that the standard is met. 38 Standard: For Iowa City Transit, the missed trip standard is established at 99.0 percent. (Industry Standard: 90-95%) On-time performance is also examined in terms of schedule adherence, which means the difference between scheduled time and the time the bus actually passes a particular location. The schedule adherence standard consists of two parts: 1) the definition of on time, and 2) the proportion of buses that operate within the on-time range. For purposes of establishing Iowa City Transit's on-time performance, "on-time" is established at zero minutes early to 7 minutes late. This allows the bus reasonable latitude for encountering general delays due to traffic, weather or other on -route delays, without unduly inconveniencing customers. Scheduled buses should never be early, for this would cause customers to miss the bus entirely and subject many riders to an even longer wait for the next scheduled bus. However, Iowa City Transit operates a significant number of "helper buses" to address capacity issues. "Helper Buses" provide the additional capacity needed to carry the number of people waiting for the scheduled bus. These buses are not considered when calculating the system wide on-time performance of the buses as they are used to assist the scheduled bus. Standard: The standard for Iowa City Transit's schedule adherence is established at 75% of scheduled trips system wide. Therefore, 15 out of every 20 scheduled bus trips should be considered "on-time" according to the standard. (Industry Standard: 73-75%) SERVICE AVAILABILITY A transit system inevitably receives many requests for service from citizens who are not within walking distance of a route, or who desire buses operating in their neighborhoods connecting with different destinations. Since transit resources are limited, it is unlikely that everyone will be accommodated to a satisfactory degree. Therefore, it is necessary to determine how to allocate the available resources to provide the best possible service. In developing measures for Iowa City Transit service, this standard has been divided into three separate components that reflect travel concentrations, trip purpose, and the need for bus service. The three components are: ➢ Production End representing the trip end that produces travel Attraction End that attracts travel ➢ Bus Stop Spacing Production End. Determination of which residential neighborhoods should be candidates for service is a function of reasonable walking distance. Numerous studies have indicated that the maximum distance an average person can reside from a bus route and still be considered to "have service" is approximately one-quarter mile, which is roughly equivalent to a five-minute walk. Standard: The standard will be 85% of the population within X mile walking distance between home and an Iowa City Transit bus stop or attraction. (Industry Standard: X mile, 85-90%) 39 This route coverage guide is just that -a guide. It is not an exact measurement. In some areas, the street pattern is not uniform or major generators are further apart than the guide indicates. Iowa City Transit's service may not and should not .conform to the guide in all areas due to other factors such as population density and operational hours compared to destination. Attraction End. Major traffic generators in the Iowa City community create a transit opportunity. Standard: Iowa City Transit will apply the following standards when considering service modifications. • Hospitals/Nursing Homes. These usually do not attract a large number of trips. These facilities do, however, often serve those who depend on transit. Therefore, institutions of 100 or more beds may be considered candidates for Iowa City Transit service. (Industry Standard: None Found) • Colleges/Schools. Students in a university community often comprise a major segment of the transportation dependent population. For this reason, colleges and post -secondary schools have been included in the availability standard. Those institutions with an enrollment of at least 1,000 students warrant consideration for service. (Industry Standard: None Found) • Shopping Centers. Shopping trips constitute a major reason for transit travel. Shopping centers with more than 100,000 square feet of leased retail space are large enough to warrant consideration for Iowa City Transit service. Mixed-use retail, housing and office complexes can also be included within this category. (Industry Standard: None Found) • Social Service/Government Centers. Public Agencies, government centers and community facilities attract significant traffic volume. While the nature and size of these facilities varies greatly, it can be generally stated that those serving at least 100 clients daily warrant consideration for public transit service. (Industry Standard: None Found) Bus Stop Spacing While route alignments are the primary determinants of transit availability, a second influence on the proximity of transit is the bus stop spacing along these routes. Obviously, stops at every intersection provide the shortest walking distance to the bus, but may not be warranted based on other considerations. Therefore, a bus stop spacing standard must consider service area density and land characteristics served. Using these criteria, Iowa City Transit has developed two categories, Campus and Non -Campus, and established standards for each. Standard: The general bus stop spacing standard for Iowa City Transit is summarized below: (Industry Standard: Varies, most far -sided) 40 Rus Stop Spaclne Standard Campus Every other building Non-Camaus Every 2 — 3 blocks It should be noted that in some instances, the bus stop spacing standard should be discarded in favor of simply considering the location of customer concentration. This is especially true for stops that serve major activity centers or high density residential locations. The exact placement of a bus stop in the area of a signalized intersection is also a matter of concern. Generally far -sided bus stops will be the Iowa City Transit standard unless determined, on a case-by-case basis, that other factors, such as business ingress/egress or congestion issues, dictate otherwise. SYSTEMWIDE SERVICE POLICIES The FTA circular requires system wide service policies for distribution of transit amenities, vehicle assignment and for transit security. Policies differ from standards in that policies are not necessarily based on a quantitative threshold and are actions or procedures as opposed to standards that are rules or principles. DISTRIBUTION OF TRANSIT AMENITIES The new Title VI circular requires that Iowa City Transit maintain service standards for the distribution of various transit amenities, including bus shelters, benches, route map/timetable, and trash receptacles owned by Iowa City Transit. There are several amenities that are placed at bus stops by private entities. These are not governed by these standards. The Iowa City Transit standard for each of these amenities is described below. Bus Shelters. A major concern of transit riders, especially regarding inclement weather, is the amount of time spent on the street exposed to the elements. The abundance of cold and windy conditions Is of particular concern in Iowa. The placement of shelters and the development of a priority location program are based upon the following: • Number of boarding and/or transferring customers at a specific stop, • Amount of shelter from the elements or lighting at or near the stop, and • ADA considerations • Safety concerns • Customer comments received Policy: Shelters should be provided at stops which serve 150 or more boarding daily and/or transferring customers or which serve concentrations of elderly or disabled residents. Shelters should be at least 6' by 10' and be enclosed on three. Service Information including route 41 numbers and colors, maps and schedules that serve the stop should be displayed. (Industry Standard: Varies) Benches. Benches represent a medium level of amenity to provide greater comfort for Iowa City Transit customers. Policy: Benches may be installed independently at bus stops that do not have shelters. For these benches, they should be placed facing the street, a minimum of 6 to 8 feet from the bus stop sign and anchored in place. (Industry Standard: None Found) NEXT BUS Digital Signage Iowa City Transit provides real-time vehicle tracking technology to assist customers in conveniently using the transit service. One of the techniques used to convey this Information is through digital signs at the bus stop. Policy: Iowa City Transit will place digital signs at major transfer locations throughout its system. Route Map/Timetable. Iowa City Transit's printed route map/schedule provides information for the general public at the bus stop where they will be boarding the bus. Policy: Iowa City Transit's route map/timetables are provided in all shelters. They are also provided at major transfer points throughout the system. (Industry Standard: Shelters and Transfer Points) Trash Receptacles. Trash receptacles are located only at bus stops with a larger number of boardings, usually in conjunction with a bus shelter. Policy: Iowa City Transit provides trash barrels at shelters. (Industry Standard: None Found) These standards are guidelines only in placement of amenities throughout Iowa City Transit's system. Not all bus stop locations are able to physically accommodate the amenities. VEHICLE ASSIGNMENT Vehicle assignment refers to the process by which vehicles are placed into service on routes throughout the system. The following policy has been established. Policy: Iowa City Transit has a uniform fleet consisting of 40' heavy-duty buses. Buses are rotated and randomly assigned to a route. (Industry Standard: Random with Exceptions for Route Geometrics and Lower Demand) TRANSIT SECURITY Transit systems are required to develop security policies that will protect employees and the public against any intentional act or threat of violence or personal harm, either from criminal 42 activities or terrorist acts. In response to this requirement, Iowa City Transit provides the following security policy: Polity: Iowa City Transit buses are equipped with two-way radios to communicate security concerns and security cameras as a method to after -the -fact review situations that may occur on the bus. All Iowa City Transit bus shelters will have nearby lighting to ensure customers security while waiting or exiting a bus. Additionally, all Iowa City Transit buses display signage educating customers on what to look for and do if they find a suspicious package. Also, all new bus drivers are provided with transit security training consisting of. warning signs, what to look for and procedures to follow in security situations. Finally, Iowa City Transit works with the Iowa City Police Department to simulate emergency situations on an Iowa City Transit bus. (Industry Standard: Larger systems have protocols for various emergency scenarios; smaller systems have language similar to the above.) r 03-23-16 CITY OF IOWA CITY 3d(9) ' MEMORANDUM Date: March 15, 2016 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: March 23, 2016 City Council Agenda Item Introduction: At the March 23, 2016 City Council meeting, consideration will be given to a resolution approving the Iowa City Transit Title VI Program Plan. History/background: Iowa City Transit receives annual operating funds as well as capital funding grants from the Federal Transit Administration (FTA). Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color or national origin by agencies in any programs and activities that receive federal funds. With specific regard to transit services, this document ensures; • FTA assisted benefits and related services are made available and are equitably distributed without regard to race, color or national origin; • That the level and quality of FTA assisted transit services are sufficient to provide equal access and mobility for any person without regard to race, color or national origin; • That opportunities to participate in the transit planning and decision-making processes are provided to persons without regard to race, color or national origin; • That decisions on the location of transit service and facilities are made without regard to race, color or national origin; and • That corrective and remedial action will be taken if necessary to prevent discriminatory treatment based on race, color or national origin. Discussion of Solution: In accordance with FTA regulations all direct and primary recipients must comply with Title VI regulations by submitting a transit -specific Title VI Program to the appropriate FTA regional civil rights officer once every three years. In order to eliminate any contradictions or duplications in policies, Iowa City Transit was excepted from the City of Iowa City Title VI Compliance plan in 2013 in order to comply with the FTA approved Iowa City Transit Title VI Program Plan. Under this plan the Director of Transportation Services will be responsible for initiating and monitoring Title VI activities, and all other responsibilities as required. The Iowa City Civil Rights Coordinator will be responsible for investigating complaints only. This plan will expire on May 31, 2019. Financial Impact: Iowa City Transit receives roughly $1.4 million in operating funds as well as 80% funding on bus purchases from the FTA. This plan is a requirement in order to continue to receive these funds. Recommendation: Staff recommends passing of the resolution in order to approve the Title VI Program Plan. 03-,{T'— Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-71 RESOLUTION ACCEPTING THE DEDICATION OF PUBLIC RIGHT-OF-WAY AND A SANITARY SEWER AND UNDERGROUND UTILITY EASEMENT ASSOCIATED WITH THE DODGE/CONKLIN DEVELOPMENT AND AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST SAID EASEMENT AGREEMENTS WHEREAS, the 2.20 acre property at the corner of Dodge Street and Conklin Lane was conditionally rezoned for multi -family development (RM -12) in 2013 with conditions that included dedication of sufficient land along the entire property frontage to widen the Dodge Street Court right-of-way to 50 feet; and WHEREAS, it is also necessary for the Owner, Bilam Properties LLC f/k/a Kobrin Development Inc. f/k/a Southgate Development Company Inc. to install and grant an easement for utilities to the City of Iowa City and other public utilities and a sanitary sewer easement to the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City does hereby accept the dedication of that property shown on the attached Acquisition Plat (Part of Auditor's Parcel 2014088 ), as public right-of-way, as well as the dedication of a utility easement and a sanitary sewer easement, as shown on the attached Easement Plats, in a form of conveyance approved by the City Attorney's Office. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and execution of said easement agreements, which the City Clerk is authorized to record at Owner's expense. The City Clerk is further authorized to certify this resolution and record the same at Owner's expense. Passed and approved this 23rd day of Ma 6. MAVR r ed by ATTEST: ClTftLERK City Attorney's Office Resolution No Page 2 16-71 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Mims the Botchway Cole Dickens Mims Taylor Thomas Throgmorton PREPARED BY/RETURN TO: RYAN R. REMLING, L.S., HALL & HALL ENGINEERS, INC., 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319-362-9548 =' I} 3 to I� OF (N55'03'03"E 6.01') N55'03'03"E 6.01' N.W. CORNER AUDITOR'S PARCEL 2014088 FD. 1/2- REBAR / W/YPC N0. 18769 WEST LINE AUDITOR'S _ PARCEL 2014088 EXHIBIT A 15 FOOT UTILITY EASEMENT PART OF AUDITOR'S PARCEL 2014088 N.W. CORNER IOWA CITY JOHNSON COUNTY IOWA N88'03'30"E ^ �1 FD.�/8 REBAR N.E. 1/4-S.W. 1/4 63.23' OF� d SEC. 2, T79N, R6W / FD. R.O.W. RAIL �, d, ry' N0. 13287 n n FD. CUT "X" IN P.C.C. FD. 5/8" IRON PIPE do. r G a / NORTHERLY LINE , AUDITOR'S / PARCEL 2014088 nF � �S• I wl z .a 17' 22' RIGHT OF WAY FD. 1/2" REBAR W/YPC NO. 18769 �1 z 3 RIGH WAY z FD. 1" IRON PIPE i AUg��OpK 59. ?NGg 2a pg9 g0 l�9gh9$�9 j': i i i � •y � - - ✓ •� 1 FD. 5/8" REBAR YPC N0. 13287 n6 I ro m n M S55'01'39"W 27.52' S88'03'30"W / 35.72' I r SURVEY WORK PERFORMED: 8/8/14 iffi� �� 6j 0 30 60 90 120 GRAPHIC SCALE IN FEET SCALE: 1"=60' of m 0 0 EASTERLY LINE AUDITOR'S PARCEL 2014088 uri ori 0 0 15' SOUTHERLY LINE w w AUDITOR'S PARCEL 2014088u') N SOUTHERLY LINE to to S1'16'56"E AUDITOR'S PARCEL 2014088 15.00' St'17'39"E 70.93' I vin I M I in 386.07' -.\FD. 1/2 - REBAR 3 3 " N87'56 44 E - - - - 7- - - _ - W/YPC N0. 18769 Z �•-_�(N-8756'44"E)-� �L RIGHT OF WAY (401.07') 1� S87'56'44"W -- �--- 401.07' — u, — (324.31')- - T - -(S8 .56 —4 324.31 S8;"56 -44"W NORTH DODGE COURT N (N2'03'16"W 10.00') (s87'S6'aa"w) (81.61') — j - �N2-03'16"W 10.00' S87'56'44"W 81.61' A FD. 1/2" REBAR o RIGHT OF WAY RIGHT OF WAY W/YPC NO. 18769— a� WT 2 15 pNwA' (s1'16'56"E 25.00') S.W. CORNER OF to Y t0 S1'16'56"E 25.00' SEC.12,4T 9N. 6W I4 6 I I WA I R I 1AT ION LOT t A POEt'CtON 10 CCf a F0. 5/8" REBAR W/YPC ~ �- S SVBO V �iSiON 01 SUBDIN'S"GE 1gT IAT 3 PUBLIC STREET M M 3ACO BION �pi'e 1B5 PAGE t RESA BOB )Y, M., 37' Pp I IEBOOK E1195, PAGE50101 APT el LEGAL DESCRIPTION: PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2014088; THENCE N55'03'03"E 6.01 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088 AND THE SOUTHERLY RIGHT OF WAY OF DODGE STREET TO THE POINT OF BEGINNING; THENCE CONTINUING N55'03'03"E 389.94 FEET ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT OF WAY; THENCE N88'03'30"E 63.23 FEET ALONG SAID NORTHERLY LINE AND SOUTHERLY RIGHT OF WAY; THENCE S55'01'39"W 27.52 FEET; THENCE 588'03'30"W 35.72 FEET; THENCE S55'03'03"W 377.46 FEET; THENCE S1'17'39"E 70.93 FEET; THENCE N87'56'44"E 386.07 FEET TO THE EASTERLY LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S1'16'56"E 15.00 FEET TO THE NORTHERLY RIGHT OF WAY OF NORTH DODGE COURT; THENCE S87'56'44"W 401.07 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF CONKLIN LANE; THENCE N1'17'39"W 94.16 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.31 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, OWNER: BILAM PROPERTIES L.L.C. SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. SURVEY LEGEND YPC • ----------------- SURVEYOR: RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 YELLOW PLASTIC CAP FOUND 5/8" REBAR UNLESS NOTED OTHERWISE SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY CENTERLINE 1/4-1/4 SECTION LINE EXISTING LOT LINE o / I I � o Sheet Title: 0 6 EXHIBIT A HALL & HALL ENGINEERS, INC. I FD. 1/2" REBAR 0 W/YPC NO. 18769 _ Lp W 15 FOOT UTILITY EASEMENT O POINT OF BEGINNING y0'5 II CD I wl z .a 17' 22' RIGHT OF WAY FD. 1/2" REBAR W/YPC NO. 18769 �1 z 3 RIGH WAY z FD. 1" IRON PIPE i AUg��OpK 59. ?NGg 2a pg9 g0 l�9gh9$�9 j': i i i � •y � - - ✓ •� 1 FD. 5/8" REBAR YPC N0. 13287 n6 I ro m n M S55'01'39"W 27.52' S88'03'30"W / 35.72' I r SURVEY WORK PERFORMED: 8/8/14 iffi� �� 6j 0 30 60 90 120 GRAPHIC SCALE IN FEET SCALE: 1"=60' of m 0 0 EASTERLY LINE AUDITOR'S PARCEL 2014088 uri ori 0 0 15' SOUTHERLY LINE w w AUDITOR'S PARCEL 2014088u') N SOUTHERLY LINE to to S1'16'56"E AUDITOR'S PARCEL 2014088 15.00' St'17'39"E 70.93' I vin I M I in 386.07' -.\FD. 1/2 - REBAR 3 3 " N87'56 44 E - - - - 7- - - _ - W/YPC N0. 18769 Z �•-_�(N-8756'44"E)-� �L RIGHT OF WAY (401.07') 1� S87'56'44"W -- �--- 401.07' — u, — (324.31')- - T - -(S8 .56 —4 324.31 S8;"56 -44"W NORTH DODGE COURT N (N2'03'16"W 10.00') (s87'S6'aa"w) (81.61') — j - �N2-03'16"W 10.00' S87'56'44"W 81.61' A FD. 1/2" REBAR o RIGHT OF WAY RIGHT OF WAY W/YPC NO. 18769— a� WT 2 15 pNwA' (s1'16'56"E 25.00') S.W. CORNER OF to Y t0 S1'16'56"E 25.00' SEC.12,4T 9N. 6W I4 6 I I WA I R I 1AT ION LOT t A POEt'CtON 10 CCf a F0. 5/8" REBAR W/YPC ~ �- S SVBO V �iSiON 01 SUBDIN'S"GE 1gT IAT 3 PUBLIC STREET M M 3ACO BION �pi'e 1B5 PAGE t RESA BOB )Y, M., 37' Pp I IEBOOK E1195, PAGE50101 APT el LEGAL DESCRIPTION: PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2014088; THENCE N55'03'03"E 6.01 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088 AND THE SOUTHERLY RIGHT OF WAY OF DODGE STREET TO THE POINT OF BEGINNING; THENCE CONTINUING N55'03'03"E 389.94 FEET ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT OF WAY; THENCE N88'03'30"E 63.23 FEET ALONG SAID NORTHERLY LINE AND SOUTHERLY RIGHT OF WAY; THENCE S55'01'39"W 27.52 FEET; THENCE 588'03'30"W 35.72 FEET; THENCE S55'03'03"W 377.46 FEET; THENCE S1'17'39"E 70.93 FEET; THENCE N87'56'44"E 386.07 FEET TO THE EASTERLY LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S1'16'56"E 15.00 FEET TO THE NORTHERLY RIGHT OF WAY OF NORTH DODGE COURT; THENCE S87'56'44"W 401.07 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF CONKLIN LANE; THENCE N1'17'39"W 94.16 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.31 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, OWNER: BILAM PROPERTIES L.L.C. SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. SURVEY LEGEND YPC • ----------------- SURVEYOR: RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 YELLOW PLASTIC CAP FOUND 5/8" REBAR UNLESS NOTED OTHERWISE SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY CENTERLINE 1/4-1/4 SECTION LINE EXISTING LOT LINE o cnvl 0 : 0 � o Sheet Title: 0 6 EXHIBIT A HALL & HALL ENGINEERS, INC. OZ 0 _ Lp W 15 FOOT UTILITY EASEMENT O L,L, O II CD 1880 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 O 3 OF w Z N PART AUDITOR'S PARCEL 2014088 CIVIL ENGINEERING ®LANDSCAPE ARCHITECTURE ,f O IOWA CITY, JOHNSON COUNTY, IOWA . LAND SURVEYING • LAND DEVELOPMENT PLANNING �"'" www.halleng.com Designed by. RRR Drawn by. RRR Checked by. �. CAD File: I: \projects\20100\20100-Dodge Street\DWG\20100 UTILITY EASEMENT,dwg Dote Plotted : Dec 15, 2015 - 2:43pm Plotted By : RYAN-REMLING z EXHIBIT "A" SANITARY SEWER EASEMENT PART OF AUDITOR'S PARCEL 2014088 IOWA CITY, JOHNSON COUNTY IOWA N.W. CORNER N.E. 1/4-S.W. 1/4 / / SEC. 2, T79N, R6W 'v 'v FD. CUT "X" IN P.C.C. nn to of of \ /y�Py C4 di N I `l0`i1 I O.pGQ' p ll FD. 5/8" IRON PIPE � O ` p6V1 WEST LINE / �yG 4 N.E. 1/4-S.W. 1/4 FD. 1" IRON PIPE / ",$ I / Pl; cJ�i �S2'03'16"E 20 00' / POINT OF BEGINNING 8'42'21"E 152.45' /I N87 -56'44"E )-5.55'— /* 5 55'—i 7 —771 S87'56'44'W o 6 a 17, � � S87'56'44"W 21.43 _— aI yah ,% (L,\0 F, (A Z, I oo, N I 0 � \ CA PUBLIC STREET rn� EASEMENT DEDICATION o n 0 BOOK 195, PAGE 501 EXHIBIT gr • : . rc N f"~ o z II-- NORTH DODGE COURT IC-- WEST LINE CJ `01'0,3 S.E. 1/4—S.W. 1/4 04p 40 O1 � S.W. CORNER�z S.E. 1/4—S.W. 1/4 SEC. 2, T79N, R6W _ FD. 5/8" REBAR W/YPC 1' 1 LEGAL DESCRIPTION: a �p� , I OQ Q�p plvl$l0� E E JlSI'C5 5 S�O�P9`1 I M iQ's�S$ OQ R%� 04�1� Q PGS l I SPC00 LOOP g'I I o 00 ui 11 0 PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 PLAT RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1'17'39"W 2079.64 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER AND THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N88'42'21"E 152.45 FEET TO THE POINT OF BEGINNING; THENCE N63'46926"E 83.73 FEET: THENCE N87'56'44"E 95.55 FEET; THENCE S2'03'16"E 20.00 FEET; THENCE S87'56'44"W 91.28 FEET; THENCE S63'49'26"W 60.51 FEET; THENCE S23'05'10"E 69.04 FEET; THENCE S87'56'44"W 21.43 FEET; THENCE N23'05'10"W 80.30 FEET TO THE POINT OF BEGINNING. SAID .PARCEL CONTAINS 4,804 SO.FT., 0.11 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. OWNER BILAM PROPERTIES L.L.C. SURVEYOR: RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319- 362-9548 SURVEY WORK PERFORMED: 8/8/14 IMA LA 0 30 60 90 120 GRAPHIC SCALE IN FEET SCALE: 1"=60' SURVEY LEGEND FD. 5/8" REBAR UNLESS NOTED . SECTION CORNER FD. AS NOTED RECORDED AS ------------ EASEMENT LINE CENTERLINE 1/4-1/4 SECTION LINE EXISTING LOT LINE v (A (A Z, 0 Sheet Title: „A„ HALL & HALL ENGINEERS, INC. 0 c o n 0 A EXHIBIT gr • : . rc N f"~ o 01 U OW N 0 SANITARY SEWER EASEMENT PART ..ase _................ cru 1680 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE'. (319) 362-9546 FAX: (319) 362-7595 OO Q q w o OF AUDITOR'S PARCEL 2014088 CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYING ®LAND DEVELOPMENT PLANNING www hallei Designed by.BV/J Drawn by.RRR Checked by. PREPARED BY/RETURN TO: RYAN R. REMLING, L.S., HALL & HALL ENGINEERS, INC., 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319-362-9548 ACQUISITION PLAT PART OF AUDITOR'S PARCEL 2014088 IOWA CITY, JOHNSON COUNTY, IOWA N.W. CORNER / FD. 5/8" REBAR N.E. 1 . 1/4 / YPC N0. 13287 / 'a "a SEC. 2,, T79NT79N, R6W A n n FD. CUT "X" IN P.C.C. 0.' N N / �Py �G�`11P FD. R.O.W. RAIL I0000 00 / d ` o 0 M M I r6\ R�G� ,11P FD. 5/8" IRON PIPE // I 'a 110. a\/ op10 O�' I0 y1P 9a I 5 O 0'0 / NORTHERLY LINE O� O� PARCEL A EASTERLY LINE / N55 033 33E 6.01' I ��O�OUD1ro0 69. 9 'Rev, 2014088 zh p88 0 30 60 90 120 r 20D�T8Rx S PARCEL FD. 1" IRON PIPE N 100 GRAPHIC SCALE 1N FEET 53 /FD. 1/2" REBAR z I •� SCALE: 1"=60' I W/YPC NO. 18769 -< v 00 (A PUBLIC STREET w w WEST LINE PUBLIC STREET to o P17' AUDITOR'S EASEMENT DEDICATION EASEMENT DEDICATION Y) 22' PARCEL BOOK 195, PAGE 501 to to BOOK 195, PAGE 501 r r_ R.O.W. ESTABLISHED w 2014088 I ��^ (S1'16'56"E) ISOUTHERLY LINE SOUTHERLY LINE BOOK 3672, PAGES 951-956 n PARCEL A PARCEL A 51'16'56"E 25.00' 33 N 401.07'— N M an U z ^ ^ I N87'56'44"E — — — — .a Irr — f--- — ---- l zzz-------- ------------ _ o t --------- — — U (324.31) - r (S87'56'44"W) —� — 324rr Ui Uj � S87'65 44"w v NORTH DODGE COURT (N2 03'16"W 10.00') J (sal 56'aa"w) (x1.61') S87'S6'44"W 81.61' + --_.RIGHT WAY M 1 �N2'03'16"W 10.00' L� - FD. 1/2" REBAR o RIGHT OF WAY RIGHT OF WAY L t E r ^ W/YPC NO. 18769 -- r fi E N }POINT OF BEGINNING I WT 2 -T—LOTS pND 8' S.W. CORNER a ; I OF LTi. �OwA I 'f 5 I S.E. 1/4-S. w. 1/4 3 w g T 1 PoRT1pN 10** N Cl 1AT a 1A SEC. 2, T79N, R6W I w o p1ViS1�N 1A I Of �` D1V1S10� 1g'i R 3 FD. 5/8" REBAR W/YPC = I R1roRp?A E tae I R�SUBD�`1R1�o DS S' .3 p�'�� J Nola 15, pCOB gpoK I I I I LEGAL DESCRIPTION: ,' I SURVEY LEGEND PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK YPC YELLOW PLASTIC CAP 59, PAGE 241 IN THE OFFICE OF THE JOHNSON COUNTY, SURVEY WORK IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER PERFORMED: O SET 1/2" REBAR W/YELLOW PLASTIC OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79CAP NO. 18769 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, 8/8/14 FOUND 5/8" REBAR IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: UNLESS NOTED OTHERWISE A SECTION CORNER FOUND AS NOTED BEGINNING AT THE SOUTHWEST CORNER OF SAID AUDITOR'S ( ) RECORDED AS PARCEL 2014088; THENCE N1'17'39"W 105.90 FEET ALONG THE EAST RIGHT OF WAY OF CONKLIN LANE AND THE WEST SURVEY PREPARED FOR: - - - - - - - - - - - - - - - - - EASEMENT LINE LINE OF SAID AUDITOR'S PARCEL 2014088 TO THE PLAT OR SURVEY BOUNDARY SOUTHERLY RIGHT OF WAY OF DODGE STREET; THENCE BILAM PROPERTIES L.L.C. N55'03'03"E 6.01 FEET ALONG SAID SOUTHERLY RIGHT OF — CENTERLINE WAY AND THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL OWNER — — — — 1/4-1/4 SECTION LINE 2014088; THENCE S1'17'39"E 94.16 FEET; THENCE — — EXISTING LOT LINE N87'56'44"E 401.07 FEET TO THE EAST LINE OF SAID BILAM PROPERTIES L.L.C. AUDITOR'S PARCEL 2014088; THENCE S1'16'56"E 25.00 FEET SURVEYOR: TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S87'56'44"W 81.61 FEET ALONG SAID RYAN R. REMLING L.S. SOUTHERLY LINE; THENCE N2'03'16"W 10.00 FEET ALONG SAID HALL & HALL ENGINEERS INC. SOUTHERLY LINE; THENCE S87'56'44"W 324.31 FEET ALONG 1860 BOYSON ROAD SAID SOUTHERLY LINE TO THE POINT OF BEGINNING HIAWATHA, IOWA 52233 319-362-9548 SAID PARCEL CONTAINS 0.17 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I hereby cer* that this land surveying document was prepared and the related feyyorkl,,s ed b me or under mdirect p rvision wan at I a d licensed Lana %.ANO Surve underlawsofStat flow y4�• "" ... 1. Si d: Date: r�'•RYAN R. '< to REM UN(3 RYAN R. ING, L.S. 18769 18789 My licens ewal date is December 31,q7 *'••. '* 10;jr �, Pages or sheets covered by this seal:.r/JL 5" S��jy► 01 CAD File: I: \projects\20100\201DO- Dodge Street\DWG\20100 001 3D2015.dwq Dote Plotted : Jan 06, 2016 - 2:24pm Plotted By : RYAN-REMLING T o Street Title: ACQUISITION PLAT HALL & HALL ENGINEERS, INC. r 11 W co 01 \ 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 O 3 c O \ N O 'r �' PART OF AUDITOR'S PARCEL 2014088 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE Cr W ZLAND 9 TnAlf A !-'TTV TlILTNTC(lAT OnT TAT'TV TnA17 A SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com CAD File: I: \projects\20100\201DO- Dodge Street\DWG\20100 001 3D2015.dwq Dote Plotted : Jan 06, 2016 - 2:24pm Plotted By : RYAN-REMLING 03-23-1 r- 3e(1) Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 RESOLUTION NO. 16-72 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 5, 2016 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ASPHALT RESURFACING PROJECT 2015, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # S3824. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 5th day of April 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 23rd day of March , 2016. M OR Approved by ATTEST: CITY CLERK City Attorney's Office 3l�� ll� S:\ENG\PMResolutions\Project Resolutions\Setting Public Hearing\Asphalt Resurfacing 2015\; at Public Hearing Project -Asphalt Resurfacing 2015 doc Resolution No Page 2 16-72 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton r 41 .r�lll CITY OF IOWA CITY MEMORANDUM DATE: March 11, 2016 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer:. 4_ - RE: Asphalt Resurfacing Project 2016 March 23, April 5, and May 3 Introduction: This agenda item begins the bidding process for the Asphalt Resurfacing Project 2016. History / Background: This is a recurring maintenance project that concentrates on asphalt resurfacing and chipsealing at various street locations. Work on this project also includes repair of curb and gutter as needed and replacement of curb ramps to current ADA standards. To provide better pedestrian accessibility along the north side of Oakcrest Avenue, a separate sidewalk infill project is planned to be completed yet this year following the Asphalt Resurfacing Project 2016. This separate sidewalk project will provide connectivity between curb ramps installed with the resurfacing project, and existing sidewalk segments. Discussion of Solution: The Asphalt Resurfacing Project 2016 will include work at the following locations: Street Milling and 3" Overlay ■ Whiting Avenue from Forest Glen to Whiting Avenue Ct ■ Brookside Drive from Meadow Street to Eastwood Drive ■ Wade Street from Muscatine Avenue to Wayne Avenue ■ Ronalds Street from Dubuque Street to Governor Street ■ Oakcrest Avenue from Sunset Drive to Woodside Drive Chipseal Application ■ Taft Avenue from Lower West Branch Road to American Legion Road ■ Sycamore Street from Kountry Lane to Gilbert Street ■ Bjaysville Lane from Dubuque Street to East Limits of Bjaysville Ln ■ North Dodge Street Court from Conklin Lane to East limits or North Dodge St Ct ■ Napoleon Street from Gilbert Street to Soccer Park Road Financial Impact: The estimated cost for this project is $1,177,000 and will be funded with Road Use Tax Proceeds and Utility Franchise Fee. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the Asphalt Resurfacing Project 2016. The proposed project schedule will be as follows: ■ March 23, 2016 - Set Public Hearing on Contract Documents ■ April 5, 2016 - Hold Public Hearing on Contract Documents ■ May 3, 2016 — Award Project • June 2016 — August 2016 — Construct Project cc: Ron Knoche, Public Works Director Dave Panos, Senior Civil Engineer I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-73 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 621 NORTH JOHNSON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 621 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purchase 621 North Johnson Street for the principal sum of $164,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $15,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on March 1, 2016, the City Council adopted a Resolution proposing to convey its interest in 621 North Johnson Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 621 North Johnson Street, legally described as part of Lot 1 in Block 34, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 16-73 Page 2 It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Dickens the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Passed and approved this 23rd day of March , 2016. G-4�� � MA R ATTEST: CITY CLERK Approved by q]I� �Ij City Attorney's Office 03-23-16 ^�®94 CITY OF IOWA CITY s ®..�MEN D U M MORA DATE: March 10, 2016 TO: Tom Markus, City Manager FROM: Lucy Joseph, Code Enforcement Specialist Tracy Hightshoe, Neighborhood Services Coordinator RE: March 23 City Council meeting agenda item: Sale of 621 N. Johnson, a UniverCity Neighborhood Partnership home Introduction On March 23`d City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 621 N. Johnson as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, the program will have sold 54 homes. 621 N. Johnson Under the UniverCity Neighborhood Partnership, the City proposes to sell 621 N. Johnson for $179,000 which includes carrying costs of approximately $13,158. "Carrying costs" are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, and real estate taxes along with any costs in excess of $50,000 in rehabilitation expenses. Renovations included electrical work, plumbing, installation of a radon reduction system, newly refinished and repainted interior and exterior walls, installation of a new furnace, air conditioner and water heater, updated bathroom, and new cabinets and counters in the kitchen. The cost of renovations (up to $50,000) is not included in the sale price and forgiven once the homeowner has lived there for 5 years. The home must also be owner -occupied for 20 years. Built in 1915, this house has 1,144 square feet of living space, includes three bedrooms and one bathroom. The buyer will receive down payment assistance in the amount of $5,000. Statement of Fiscal Impact The assessed value of 621 N. Johnson at the time of purchase was $164,000 and the sale price is approximately $179,000. There will be no impact on the General Fund for ongoing operating expenses. Recommendation This home is located on a street where there are many rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 621 N. Johnson as part of the UniverCity Neighborhood Partnership program March 10, 2016 Page 2 621 N. Johnson— after renovations 03-23-16 9 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 16-74 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1) The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on May 3, 2016. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until May 3, 2016 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 23rd day of March 2016. Ma r Approved by ATTEST:► , City k City Attorney/s Office It was moved by Mims and seconded by sotchwav the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton sue\Ord&Res\HbateRes.doc ( § § [ § ) § § § § § \ \ \ \ \ \\ \ xx „ , , (\ Hw�,o \)\im >,m ci \ }\ } \w \ \\ \ / }W ! m - �Oo_ [, § lioo_ } 5 \ !: [ \ \ \ ( \ \ \ P"j ILI \ \\ \ } \ \\\ j \ \ \� - 0 0.- §/ ;� a v N a v m 0 r a m Y v n 0 a March 16, 2016 Name Address City, State, ZIP Dear Property Owner: EXHIBIT B � r Pm ..�._�w I" `� RT4 1� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on March 23, 2016 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5043. Sincerely, Marian K. Karr City Clerk Enc. 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