HomeMy WebLinkAbout1994-02-15 Info Packet
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Memorandum from the City Manager regarding pending devel~pment issues.~~3
Copies of letters frpm the City Manager to:
a. Chair, Johnson County Board of Supervisors regarding Congregate
Meals
b. Corps of Engineers regarding meeting regarding policies and
procedures at the Coralville Reservoir
Memorandum from Council Member Kubby regarding budget items.
Memorandum from the Parking and Transit Director regarding three-month
evaluation.
Memorandum from the Parks and Recreation Director regarding brochure ~~
comp 1 ai nt.
Memoranda from the City Clerk:
a. Policy for filling council vacancies
b. Council Work Session of January 13, 1994
c. Council Work Session of January 18, 1994
d. Council Budget Session of January 20, 1994
Building permit information for January 1994
Copies of letters from:
a. Freda Hieronymus regarding Southside Commercial Urban 'I.
Revitalization Plan
b. James C. Larew regarding PATV/Cable Television Franchise
c. Chamber of Commerce regarding ADA compliance issues efforts 4~4?
d. Don Michel of The Gazette regarding newspaper racks '1':1 7
e. Iowa, City Community School District regarding on-street parking
adjacent to City High
f. Students in Recreation regarding the City Park carnival
g. Randy Neprash regarding water treatment questions
News release regarding manufactured housing park, request for proposals. LILli
Agenda for the February 3, 1994, meeting of Johnson County Board of
Supervi sors.
Memorandum from the City Manager, regarding Congregate Meals.
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, City of Iowa City
MEMORANDUM
DATE: February 4" 1994
TO: Memo for Record
FROM: City Manager
RE: Material Sent to Council Only
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February 4, 1994
Information ,packet'
page 2
Handouts from the League of Women Voters Forum on Water on 2/3/94.
Agenda for the City Council Budget Session with Boards & Commisions on 2/10/94.
Memo from City Atty. regarding Legal Opinion concerning possible Preemption
of Local Pesticide Regulations.
1./L/4
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Memo from City Atty. regarding procedures for Administrative Rule Changes, as
requested by the City Council.
Memo from Fin. Dir. regarding six-month Budget Comparison Report for period
ending 12/31/93.
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Memo from Council Member Throgmorton regarding Budget (Economic Development,
Water Efficiency & Watershed Mgt.,Hickory Hill Park, Transportation System
Mgt., and Southside Soccer Fields)
Information distributed by City Mgr. 2/8/94 regarding FY95 Additional Positions 450
requested.
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City of Iowa City
MEMORANDUM
DATE: January 31, 1994
TO: , City Council
FROM: City Manager
RE: Pending Oevelopment Issues
An application submitted by Ashberry Apartments Ltd. of Omaha,
Nebraska to annex an 18.3 acre tract of land located south of
American Legion Road and east of Scott Boulevard to enable
construction of a planned housing development containing 288
dwelling units clustered in 12 three-story buildings.
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February 3, 1994
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CITY OF IOWA CITY
Steve Lacina, Chair
Johnson County Board of Supervisors
P.O, Box 1350
Iowa City, Iowa 52244
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Dear Steve:
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Attached is a copy of correspondence directed to the Board of Supervisors some time ago
concerning the need to address the expiration of the lease agreement for the Congregate
Meals program, The Senior Center Commission has appointed from their membership a three-
person group to pursue negotiations for an amended agreement. The Senior Center
Commission has expressed a number of concerns about the operation of the Congregate Meals
program and feels compelled to address these issues in a revised agreement. Recognizing
the County's responsibilities in the administration of this program, the Commission team was
formed to expedite the discussion process and reach agreement on a new contract. They have
asked that I serve as a representative of the Commission and the negotiating team in
attempting to conclude a new contractual arrangement. Draft contracts have been prepared
and exchanged earlier.
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Specifically as noted in Mary Geasland's letter, the outline of issues remains substantially
unchanged and therefore will be important to consider.
I would appreciate your advice as to how we should proceed; the Senior Center Commission
negotiating team, the Senior Center Coordinator, and I stand ready to begin discussions as
soon as possible,
Thank you for your time,
Sincerely,
~
Stephen J, Atkins
City Manager
cc: City Council/
Bette Meisel
n.\lac~a,sc
410 EAST WASIIINGTGN STREET' IOWA CITY, IOWA 1114001116' 1119) 316.1000. fAX (319) 316.1009
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SENIOR:'
CENT'Ef\'
July 12, 1993
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28 South Linn Street
Iowa City, Iowa 52240
(319) 356-5220
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Pat Meade, Chair
Johnson County Board o,f Sup~rvisors
P.O. Box 1350
Iowa City, IA 52244.1350
Dear Pat:
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As chair of the Senior Center Commission. I directed a March 19 letter to your
attention expressing t~e Senior Commission's interest in discussing changes to the
nutrition program agreement. It is now obvious that these negotiations regarding the
Senior Center Commission's concerns cannot commence before the present contract
expires; however, it does remain the Commission's Interest to pursue these
discussions. We are assuming that the nutrition p'rograrn will contlnue in accordance
with the existing lease agreement; however, we are anxious to Initiate these
discussions. A brief outline of some of the Issues we wish to discuss and consider
amendments to the nutrition program agreement are as follows.
1. Closing of the Nutrition Program for maintenance and bad weather.
2. Lessee's obligation to clean the floor and furniture after use.
3. Assuming responsibility for snow removal on steps and ramp at the Center If
closed and nutrition program Is not (snow days and weekends).
4. An annual report format for the Senior Center Commission.
5. Equipment repair.
I would suggest that representatives of the Commission, the City, and representatives
from the County Government or Nutrition Board, as you would see fit, would schedule
a meeting as soon as possible.
Thank you for your interest and I look forward to he~ng from you as to how we might
proceed.
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Sincerely,
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Mary Geasland
Chair, Senior Center Commission
cc: City Council
City Manager
Senior Center Coordinator
Senior Center Commission
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February 3, 1994
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CITY OF IOWA CITY
Robert W. Kelley, PE
Department of the Army
Rock Island District, Corps of Engineers
Clock Tower Building
P. 0, Box.2004
Rock Island, IL 61204-2004
Dear Mr. Kelley:
Thank you for your prompt response to my letter regarding the review of regulations/policies/
procedures at Coralville Reservoir, In your letter, you indicated you would schedule some type
of meeting to discuss possible changes and other pertinent considerations at the Coralville
Reservoir. This is most appreciated, The Iowa City City Council discussed the matter the other
evening and is eager to have an opportunity to discuss with Corps representatives their policies
and procedures in order to have a better understanding of the complexities of your decision-
making. Hopefully, as you think of the means by which you wish to discuss these issues, you
can create a forum that allows for our elected body to participate in the discussion. I suspect
that the City of Coralville, the Johnson County Board of Supervisors, and Rural and Urbanized
Area Policy boards of our Council of Govemments may also have a similar interest.
Again, thank you for your cooperation and, hopefully, through a review of your policies and
procedures we can create a better public understanding of the many difficult decisions you
must make with respect to regulating the potential for flood waters.
Sincerely,
.
Stephe ;), Atkins
City Manager
cc: '-City Council
Chair, Board of Supervisors
City Administrator, City of Coralville
Chair, Rural Policy Board
Chair, Urbanized Area Policy Board
JCCOG Executive Director
City,Engineer
n.lcOrp.
410 EAST WASHINGTON STREET' IOWA CITY. IOWA 52240olll6' (1I9) 256-5000' FAX 12191 2'6.'009
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Karen Kubby
CITY COUNCIL MEMBER Date: February 2, 1994
Cfvfc:; CentlJr
410 E, Wa6hlngton St.
Iowa City, IA 52240
(319) 356.5010
(319) 356.5009 (FAX)
Re6ldence
728 2nd Avenue
Iowa City. IA 52245
(319) 338.1321
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CITY OF IOWA CITY
Printed on 1007.
recycled paper -10%
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To: city council
From: Karen Kubby
Re: Budget items
I have a "few" comments on the budget that I want
to share with you before we hold our public
hearing.
DOMESTIC PARTNERSHIP
The University of Iowa implemented a form of
domestic partnership eligibility and provision for
health benefits. I spoke with Richard Saunders at
the U of I Staff Benefits office. The U of I's
domestic partners eligibility requirements are
attached. They only apply to faculty and
professional staff and not to bargaining unit
employees. The total number of employees who would
be eligible to use this program is 7,000.
subtracting those who are presently in legally
recognized partnerships, they end up with 4,300
employees who could potentially be eligible under
the domestic partnership program. only 16 people
have met the criteria as outlined.
The University allows eligible domestic
partners to buy into the their health care plan,
meaning they pay the full premium, which is
currently $129 per month. They hope to begin
paying the premium for these households within the
next two years. The U of I is self insured.
Mr. Saunders also said that Iowa State has a
similar policy and that three households are
participating in their program. ISU is insured by
principle Insurance Company. ,He also stated that
in the U of I' s research on this issue, that no
insurance company felt that this population would
cause any greater risk than the current population
they are covering.
I would like to propose that we adopt these
domestic partnership eligibility guidelines. I
would also like to see us make family health
insurance benefits available to all employees, in
the same manner that we do it for those in legally
recognized partnershiIlsi the city would pay the
premium minus the $20 co-payment, made by the
employee. I don't thInk there is any way to know
how many people would qualify under these
guidelines, so its hard for me to come up with
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concrete numbers that would indicate costs. But in looking at the
very large institutions of the U of I and ISU and the small number
of people who qualify under these fairly strict guidelines, it
seems that the cost would be minimal.
Mr. Saunders said he would be happy to answer any questions
you may have. His number is 335-2676.
PROCESS
When we added some new employees, the 7.75 as proposed by the city
Manager plus the ones we decided upon, it didn't seem like we
looked at all the list of requests before we made up our minds.
For next year, I would feel more comfortable listing the requested
new employees and looking at all of them together before making up
our minds on any of them. I realized that there are a lot of
factors that go into makes such decisions. That were the money
comes from makes a difference. But I recently realized that I
feel a little uncomfortable about how we did this.
CITY FORESTER
The City Forester requested a new employee for the umpteenth
year in a row (pg. 66 of budget). If we go forward with the
package of tree protections, his department is the one with the
addi tional work load. The Forestry department may also be involved
in helping with our implementation of ordinances and/or educational
programs around the natural areas inventory. I would like us to
discuss this particular new employee before the proposed budget is
finalized for the public hearing.
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MISCELLAN~
L ICAD.
We have a policy that the city plays a supportive role in
economic development. ICAD looks at new and relocating companies,
the Chamber aids in the expansion of companies already in our area.
I know that sometimes these lines get muddled. I want to suggest
something based on the Chamber model.
The Chamber had a sub-committee to organize the Iowa Arts
Festival. Over the years, the Chamber "weaned" the committee into
a self-sufficient organization with decreasing amounts of support
from the Chamber. I believe the Chamber is looking at a similar
process for the community Leadership Program. I would like to see
the City implement the same thing with ICAD. (Pg. 59 of budget.)
2. Recycling receptacles in the ped mall.
I'd like to see us have recycling receptacles in the ped mall.
I know we've had 30% contamination in the drop boxes. Yet, I've
seen other communities, rest stops, and parks have these
containers. What has been their experience? I know this may have
to be discussed when we have our work session on solid waste
issues, but it would be a budget item for C.B.D. Maintenance (pg.
62 of budget).
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3. Recreation Center (pg. 81 of budget.)
I'd like to see a little bit of money here to keep the rec
center open one night a week to midnight. I believe Larry's'
enquiry into this found it would cost approximately $2,000 per year
for additional staff, electricity, etc. (See attached.) Maybe the
money could come from not sending out the brochure of class
offerings, to every household in IC as has been suggested to us by
more than 'one citizen.
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4. Televising all or some informal council meetings needs some
money in the budget.
TI~JNG ISSUES IN THE CIE
1. Pg. 4. Shouldn't the Ralston Creek bridge at Burlington (#4 of
bridges scheduled for FY98), be incorporated into the FY94 street
construction project for the Burlington-Gilbert intersection?
2. Pg. 6. Category Year 2001 #9. As we approve more and more
residential housing in the southeast part of Iowa city, I become
more concerned about access across Highway 6. I'd like to discuss
moving the pedestrian overpass up on our schedule.
3. Pg. 6. #9 under wastewater. Could we time this project to be .
at the tail end of the water plant project to we have time to work
out ordinances that may protect the peninsula?
4. Pg. 8. #5 of other park projects. Why not have $30,000 for
intra-city bike trails in FY95?
5. Fire stations are absent from the CIP.
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6. I'll shut up now.
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cc: city Manager
Finance Director
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Domestic Partners Eligibility
i
A qualified domestic partner, as defined below, is eligible to apply for
coverage under The University of Iowa Comprehensive Health Insurance Plan II,
dental, vision, and hearing aid insurance. Except when application is made at
the time of employment, applicants for health coverage will be asked to complete
a health questionnaire and may be required to pass a medical examination. An
applicant may be offered coverage that includes an exclusion for health care
expenses attributable to a medical condition existing at the time the
application for coverage is approved.
To be eligible for coverage as a Domestic Partner, the University employee and
the Domestic Partner must complete and file with the Staff Benefits Office an
"Affidavit of Domestic Partnership" in which they attest that (a) they are each
other's sole domestic partner, responsible for each other's common welfare,
(b) the domestic partner must not be able to qualify for coverage as a common
law. spouse, (c) neither party is married, (d) the partners are not related by
blood closer than would bar marriage in the State of Iowa, (e) each partner is
at least 18 years of age and of the same sex, and (f) three of the following
conditions exist for the partners:
1. The partners have been residing together for at least twelve (12)
months prior to filing the Affidavit of Domestic Partnership.
2. The partners have common or joint ownership of a residence (home,
condominium, or mobile home).
3. The partners have at least,two of the following arrangements:
a. joint ownership of a motor vehicle;
b. a joint credit account:
c. a joint checking account; or
d. a lease for a residence identifying
both dom~stic partners as tenants.
4. The Domestic Partner (a) has been designated as a beneficiary of the
employee's University of Iowa Group Life Insurance coverage, or (b) has
been designat~d as a beneficiary for the aeath benefit payable from the
employee's retirement annuity contract, or (c) the University employee
declares that the Domestic Partner is identified as a primary benefi-
ciary in the employee's will.
5. The Domestic Partners have executed a "relationship contract," which
(a) obligates each of the parties to provide support for the other
party and (b) provides, in the event of the termination of the domestic
partnership, for a substantially equal division for any property
acquired during the relationship.
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1. Notification of Changes. The parties must agree to notify the Staff
Benefits office of any change in the circumstances which have been attested
to in the documents qualifying a person for coverage as a Domestic Partner.
2. Liability for False Statements. If any company or the University suffers a
loss because of a false statement contained in the documents submitted in
connection with coverage for a Domestic Partner or as a consequence of the
failure to notify the Staff Benefits Office of a changed circumstance, the
company or the University will be entitled to recover reasonable attorney
fees in addition to damages for all such losses. . .
3. Termination. Either member of a domestic partnership may 'file a statement
with the Staff Benefits Office indicating the relationship has ended. A
copy of the termination will be mailed to the other partner unless both have
signed the termination statement.
4. Waiting Period. Following the termination of a Domestic Partnership, a
twelve-month period must elapse before a University employee is eligible to
designate a ,new Domestic Partner.
SFDPC
11/92
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CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMEH'l'
MEMORANDUM
TO:
Larry Baker, Council Candidate
Terry Trueblood, Parks & Recreation Director
October 7, 1993
FROM:
DATE:
RE:
Request for information
Per your request, we have developed cost estimates to keep tha
Recreation Center gymnasium and game room open until midnight,
one evening per week throughout the year (likely,either Friday
or Saturday night). Currently, these facilities are open
until 10:00 p.m. approximately 36 weeks, and 9:00 p.m. the
other 16 weeks during the course of a year.
The following cost estimates are considered to be a minimum:
Wages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 part-time staff @ $5.55/hour
(average) x 120 hours = $1,332
FICA = 102
$1,434
utilities...................,.......... 300
TOTAL DIRECT COST ~l.Jll
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Other possible costs (either direct or indirect) could be:
* Additional staff if the program should be expanded,
become very popular or becom~ difficult to manage.
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Police Department assistance (i.e. frequent checks
to see how things are going).
Additional maintenance (i.e. maintenance personnel
call-ins or additional cleanup required the
following day).
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I hope this information is beneficial. If you have any
questions, or would like further information please don' t
hesitate to contact me.
cc:
Other Council Candidates
City Manager
Parks and Recreation Commission
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City of Iowa City
MEMORANDUM
Date: January 29, 1994
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To: Stephen Atkins, City Manager
From: Joe Fowler, Director Parking & Transit -:ro:.
Re: Three Month Evaluation. Parking & Transit
A goal I have established for the Transit Division is the reduction in dependence upon the general
fund for financial assistance. To achieve this goal I believe there must be changes in the way
services are delivered to the public and in the operations of the division. This goal can be
achieved without diminishing the quality of service.
I have asked the JCCOG Transportation staff to complete a study of the current and future needs
of the community for transit service. This study will take into account the recent development of
high density residential development in the community and analyze the current and future needs
of the residents of these areas for transit service, The results of this study may result in a
request to realign routes and service frequency,
The Transit Division management staff has started to review the routing into and out of the central
business district to ensure service will be available to the new southside development area, The
goal will be to have service available as new commercial and retail centers open. This will allow
employees and visitors to these centers to have a public transportation option. The option must
be present when the centers open and before transportation patterns are established.
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The Transit Division will continue to work closely with the University of Iowa to provide service
from the community to the campus. At the present time the City of Iowa City provides service to
the main campus, hospital and dental complex and the Hawkeye apartment complexes. As these
areas continue to develop requests for service may increase.
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In addition to examining community service I feel it is also time to examine the division's
operational structure, On January 28 Bill Dollmanwas promoted to Parking Manager. This has
created an Operations Supervisor vacancy in the Transit Division. With the addition of the
position of Parking and Transit Director I believe the current Transit Division management staff,
a manager and two operations supervisors, is sufficient to supervise daily operations. The
vacancy created by Mr. Dollman will not be filled at this time,
The position responsibilities of the Transit Manager and the Parking Manager have been reduced
by the creation of the Director, They will have reduced responsibilities in budgeting and long
range planning. I recommend both of these positions be reclassified from their current levels of
31, Transit Manager, and 30, Parking Superintendent, to range 29 on the City of Iowa City's
Administrative Compensation Plan. The responsibilities of other positions in this range reflect the
. current duties of these positions.
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The Americans With Disabilities Act requires that the City of Iowa City provide paratransit service
to the community. The cost of this service is the responsibility of the Transit Division, These
costs have continued to rise over the years and their inclusion in the Transit Operations budget
negatively impact,the cost of the fixed route. service. A clearer representation of fixed route
cost/revenue could be obtained if paratransit is a separate budget item, This would allow us to
accurately analyze the cost/revenue of each service.
If you approve of these changes I will prepare the necessary resolutions for Council and contact
the Finance Director regarding budgeting,
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CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT ~
MEMORANDUM /'
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TO: steve Atkins, city Manager
FROM:
Terry Trueblood, Director of
DATE:
January 27, 1994
RE:
Parks and Recreation brochure complaint
Per your request, I am responding to the letter Council Member
Novick received from Theodore Nelson in which he expresses
concern with regard to the printing and mailing of our
seasonal Parks and Recreation brochures.
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One of Mr. Nelson's stated concerns is that "this is a waste
of taxpayer's money." I would concur \~i th Mr. Nelson if we
had received numerous complaints about the brochures. To the
contrary, however, we have received many thank-you's since we
started mailing them in 1987, and many compliments since
changing the format of the brochure in 1989. Virtually all
the people we hear from are very appreciative; we have
recei ved very few complaints. When we first began the
practice of mailing these brochures, the number of people who
registered and participated in our activities increased
substantially, and the number of complaints relative to
brochures decreased dramatically. I might add that it costs
each citizen of Iowa City less than 759 per year for the three
brochures they receive (including all paper/printing costs and
postage). To use a lower grade paper, such as the newsprint
Mr. Nelson suggests, would reduce the cost by about 119 per
year, per citizen.
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In response to the comment that the printing of these
brochures is a "waste of trees", we have had them printed on
recycled paper since 1989. We also use soy ink, so I believe
we are being environmentally conscious.
Wi th respect to our distribution methods, at one time we
distributed the brochures just as Mr. Nelson has suggested...
through the schools, library, recreation center, civic center
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and other facilities. We also distributed them as inserts in
the Press-citizen. For various reasons, these methods proved
to be much less effective than mailing them. The school
distribution method required a considerable amount of staff
time to count, package and deliver the brochures, and was a
cumbersome and undesirable task for the schools. Also, while
some schools were very good about distributing them right
away, others were not able to release them in a timely
fashion, resulting in many complaints. Additionally, quite
often the brochures would apparently get lost somewhere
between school and home. Yet another detriment to this
procedure is the fact that our recreation offerings and park
information is of interest to a wide age range, not just
school-age youth and their parents. with respect to
distribution through the Press-citizen, there were simply far
too many people we weren't reaching. In fact, we didn't even
reach all subscribers to the newspaper, because it was not
uncommon for the inserts to fallout of the papers prior to
reaching their destinations. While we still make brochures
available at certain city facilities, it simply is not
effective as a primary method of distribution. No matter how
many times it was announced through the local media, many
people were unaware, thereby missing deadlines.
If it was permissible, we would be most willing to ask that
the postal carriers not deliver a brochure to Mr. Nelson (or
anyone else with a similar request). wi th such a bulk
mailing, however, post off ice policy does not allow the
elimination of addresses. If this policy should be changed in
the future, we will certainly accommodate people who prefer
not to receive one.
We hope that people who do not want a brochure would not
"throw them in the trash," but would either recycle it, give
it to someone else or return it to our office... we do
receive requests for brochures from people and' organizations
who do not receive them in the mail.
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While I can understand Mr. Nelson's concerns, we feel our
brochures provide a vital public service, and mailing them
with a bulk permit is the most effective method to reach all
our citizens. To discontinue this practice, we believe would
create a very negative response from many citizens.
cc: Parks and Recreation Commission
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Theodore C. Nelson
235 Person Avenue
Iowa City, Iowa 52246
Jecember 20, 1993
Dear Naomi,
I enclose the front cover of a ?arks and aecreation
Department publication which we recently received in the
mail, addressed merely to "Postal Customer." It would
appear that this publication waS delivered to each house-
hold in Iowa City, and it happens everJ six months.
It seems to me that this is a waste of taxpayers' money,
as well as a waste of trees. de have no interest in the
pUblication received this way, and I suspect there may be
thousands of others who feel the same way in Iwwa City- who
promptly put the publication into the trash.
It would make much more sense, I believe, to make this
thing available to the public, those who may be interested,
by distribution at the schools, the library, the firehouse,
ci ty hall, etc., rather than printin~ many extra, unnecessary
copies. Furthermore, wouldn't it make sense to print the
pUblication on newsprint, rathe r than the expensive, color
printin~, hard cover version now distributed.
Any savings by such means would be much better spent on
restoring the flood-damaged City Park- perhaps enough could
be saved to plant several trees: That would be a much better
use of our money.
As the 1994 budget is considered by the City Council in
coming weeks, I would hope you will look into this item, to
see where some reasonable savings may be achieved, savin~s
which could be put to much bette ruse.
Sincerely,
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Theodore C. Nelson
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City of Iowa City
MEMORANDUM
Date: February 2, 1994
To: Mayor and Council
From: Marian K. Karr, City Clerk
Re: Policy for Filling Council Vacancies
At your formal meeting on 2/1, a request was received from Robert Kemp for Council
consideration of a policy for filling vacancies,
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That this resolution seeks to discourage the filling of vacancies by
appointment.
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The following text was received by me from Mr. Kemp:
ae it resolved that the Iowa City City Council supports the rights of each of
its citizens to cast a ballot on those occasions when a special election is
required;
Please communicate your thoughts on this proposed resolution directly to Mayor Horowitz,
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City of Iowa City
MEMORANDUM
Date: January 31, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, January 13, 1994 - 7:00 p.m, in the Council Chambers
Mayor Susan Horowitz presiding. Council Members: Horowitz, Throgmorton, Kubby, Lehman,
Novick, Pigott, Baker. Staff present: Atkins, Helling, Karr, Schmadeke, Davidson, O'Malley,
Yucuis, Mansfield, Tape recorded on Reels 94-9, Side 2; 94-14, All; 94-15, Side 1.
COUNCIL TIME:
Reel 94-9, Side 2
1. City Council Members agreed to cancel their January 27,1994, scheduled budget session
due to conflicts.
2.
City Manager Atkins announced that Marge Penney is scheduled to present information
January 31, 1994, regarding aid to agencies issues.
3. Atkins noted that traditionally Council schedules a meeting for boards and commissions
to discuss budget requests, Novick suggested waiting until after tonight's budget
discussion.
BUDGET DISCUSSION:
Reel 94-9, Side 2
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Atkins presented a chart of major budget issues as follows:
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BUDGET ISSUES
Parking $ Transfer
Transit Fare (40%) Policy
City Attorney - new position
New office procedure - charge other funds
SEATS contract - RFP
Letter to County
Alternate vendor
Housing Inspection - growth in units to be inspected
Staff, new fees
?Make self supporting
Atkins stated that Governor Branstad is proposing the property tax freeze continue for two more
years which would take the City through FY97, which is the City's three-year financial plan,
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Atkins noted that the taxpayers rights group is meeting in Cedar Rapids on Saturday and he will '
try to get information from that meeting.
Atkins requested Council to establish policy direction regarding SEATS. Council Members
discussed options regarding SEATS. Council agreed to send a letter to the Johnson County
Board of Supervisors asking that two Council Members and two Board of Supervisors sit down
and explore SEATS issues. Kubby and Horowitz agreed to meet with the Board of Supervisors.
Atkins presented the 1994-Year 2000 Capital Plan. Atkins explained that previously Council set
priorities and it was his charge to put together a financing plan based on those priorities, Atkins
stated the budget represents a seven-year plan of capital investments and is balanced for the
seven years. Atkins referred Council Members to the seven year summary, pages 4-11. Atkins
noted there are 11 categories of financing. Atkins stated that pages 12-18 represent a year-by-
year summary; pages 19-20 show projects which are not funded; on page 21 is the utility rate
summary, In response to Novick, Atkins stated that the cultural conference center (page 20)
should be listed as a referendum issue. Atkins noted that the fire station project would be a
referendum, and that parks maintenance could be done internally. Atkins stated that although
projects are listed in priority order, projects are not necessarily constructed in that priority order.
Atkins noted that the westside trunk; Pine, Kineton, Sunset and Dunuggan sewers; River Street;
and Senior Center maintenance were projects added to the improvement plan. Atkins explained
that he has authorized an engineering analysis of the Senior Center building because of leaks.
Horowitz inquired about stormwater detention watershed study. Atkins stated he has a proposal
about stormwater management and how the City is going to pay for those projects, Atkins stated
he flagged the Snyder Creek trunk project because there is a developer that wants to build 200+
apartment units on the corner of Muscatine and Scott Boulevard, Atkins reviewed stormwater
miscellaneous projects, In response to Horowitz, Atkins stated staff is preparing a memo listing
things that happened during the flood, including Oakland Avenue. Atkins stated there are many
small projects due to the flood that would cost an estimated million dollars. Those small projects
are not incorporated into the plan, Atkins stated that the list will be presented in one of Council's
upcoming work sessions. Regarding Oakland Avenue, staff found a number of sump pump
connections and staff is looking at oversized pipes for the area, Atkins stated that additional
information will be provided.
Kubby asked if Council will go through another major reprioritization of capital improvement
projects once the Comprehensive (Comp) Plan is updated, Atkins stated Council can adopt this
CIP with the understanding that they will go back and rework some of the projects, Atkins
emphasized that most capital plans do need an annual review. In response to Throgmorton,
Atkins stated the Comp Plan is due to be updated every five years.
Throgmorton asked the goals of the CIP, Atkins stated the goals of the CIP are intended to
address Comp Plan issues, and meet the interests of the City Council.
Atkins continued with CIP summary. Atkins presented information about stormwater plans.
Atkins stated that staff would like to use the watersheds as an Instrument to plan for the
community's growth and to meet the stormwater requirements.
Atkins stated the library design would have significant operating budget consequences as well
as capital. Atkins stated the library wants approximately $50,000 to proceed with the design of
the library addition. Atkins informed Council that they are going to get a proposal for $18,5 million
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for a cultural center and cost estimates have not been established for the Gilbert Street East-
Highway 6 (between Taylor and Gilbert) project. Kubby asked if there was a safety problem in
that area. Atkins stated the project would make the area attractive as well as safe and that the
City thinks lOOT should share in the cost.
Atkins reviewed the summary of financing categories on pages 10 and 11, Atkins reviewed cash
resources, those funds that don't involve borrowing. He explained that the $1,261,000 general
fund category includes $180,000 per year in the next seven years. That money comes right out
of the $8.10 levy, Atkins stated those monies would fund the parks and Near Southside
Streetscape projects.
Atldns stated that road use taxes are received from the state on a per capita basis. Atkins stated
that there is $4.65 million budgeted in the road use tax and represents spending about $660,000
a year for seven years. Atkins explained those monies fund the Traffic Engineering and street
maintenance activities. Atkins noted that the City maintains approximately a $1 million balance
which is an available resource over the seven year period.
Atkins stated that the parkland acquisition fund amounts to $484,000 and the plan shows the City
spending approximately $70,000 a year for the seven year plan. Atkins explained that the policy
is that these monies are specifically earmarked for parks-related projects, Throgmorton asked
if the parkland acquisition fund could be spent for land easements' and land trusts, Atkins said
he thinks so,
Atkins reviewed federal and state grants. Atkins stated the $14.7 million comes from a variety
of sources and most of the monies require a match. Atkins noted that the STP program is an
80/20 program and shows about $2,8 million in available funds, Atkins stated that the $9 million
figure is from FAA if the City were to do an airport project. Staff and Council discussed airport
options. Atkins stated that the FAA has not confirmed, that if the airport stays where it is, that
they will fund to the ,extent that they have been. The 90/10 money appears to be available to
move the airport, Atkins also noted that the airport buildings face an estimated $50,000 to
$100,000 worth of repairs. In response to Baker, Atkins stated that the economic impact
statement is in its final draft and should be complete by January 31, Horowitz stated the Airport
Commission would like to meet with City Council. Atkins stated that staff members Karin Franklin
and David Schoon should present the report to Council.
Atkins stated that the $3.54 million balance represents a variety of sources including Kickers,
east-west arterial, Court Street extended, park maintenance building, and the Industrial Park.
Kubby suggested that each project be numbered to make it easier for review. Throgmorton
suggested changing the summary table on page 3 to match the bottom line figures shown on
page 10 and 11; and suggested removing projects that are beyond seven year plan.
Atkins reviewed the parking fund, and stated the totals indicate construction of a new ramp
somewhere south of Burlington Street. Atkins noted that the parking fund receives no property
tax subsidy and requires the maintenance of a reserve position to cover the City's bond
covenants, Yucuis explained that there are two reserves, one covering bond covenants and
another renewal and improvement reserve, In response to Kubby, Yucuis stated that the City is
not required by law to spend parking fund money only on parking, Atkins noted that current policy
is to transfer parking fines through the general fund or if there is sufficient monies in the parking
fund. Atkins estimated $230,000 a year in parking fines go to the general fund. Throgmorton
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asked if the $4 million for the parking project is designed primarily for office and commercial
space as part of an incentive to encourage that kind of development south of Burlington Street.
Atkins explained that the CB.2 zone was created by Council a couple of years ago, and stated
the Bell-Breese project made a payment to the City of $120,000 for the purpose of buying out
their parking obligation and the parking ramp south of Burlington Street is intended to satisfy the
Near Souths ide Development Plan. Atkins stated the transfers of monies needs to be cleared up
by a resolution,
Atkins presented enterprise fund information. Atkins stated that the landfill is financed strictly by
landfill tipping fees, the landfill is governed by the City Council, and there are no rate changes
in FY95. Atkins stated that FY96 and 97 shows an estimated 10% increase, Kubby inquired
about the $1,25 tipping fee earmarked for toxic cleanup, Kubby stated that she would like that
increased to $1,50. Atkins stated that could be discussed during solid waste discussions. In
response to Kubby, Atkins explained that the additional funds needed for the tire recycling
program came out of the landfill budget. Atkins reviewed the information pertaining to the
construction of two landfill cells, each cell costing $1.3 million. Atkins stated other projects
include the purchase of additional land, leachate control, and construction of a lift station.
Atkins explained that the general obligation debt is paid by the debt service levy and amounts to
about $12.5 million over a seven year period, Atkins said the debt service levy is a property tax
and is not frozen. Atkins stated the City's current position with new debt are well within the legal
limits of state and local policy, He explained that the debt schedule for the last couple of years
has been approximately $2 million a year in property taxes levied for the purposes of retirement '0
of debt. Atkins stated that if Council approved the Capital Plan as proposed they are approving
borrowing $12.5 million over the seven-year life of the plan. Atkins explained that in FY95 the
City would have to levy taxes in the amount of $2.376 million to pay for the existing debt and any
new debt. Atkins stated that during the life of a GO bond the City is permitted one time
refinancing, Atkins noted that in FY93 refinancing saved the City $183,000 a year in debt service.
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Atkins reviewed the general obligation debt requiring referendum. Atkins stated that state law
strictly governs what the City can or cannot do. Atkins stated that for every million dollars of a
ten year bond costs are $130,000 a year in debt service or about a 1% increase in so me body's
property taxes, Atkins noted that a 1% increase in property taxes will generate $150,000.
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Staff and Council discussed water and wastewater funds, Atkins stated there are many issues
related to the project. Throgmorton prepared and presented a graphic illustration of seven fiscal
years of water and wastewater investments. Throgmorton stated that of the $107 million invested
over the seven year period, almost 70% is for water and wastewater, 23% is for roadway and the
remainder for a variety of categories. Throgmorton stated the graphics also represent that there
is front endloading of the investment and most of the spending occurs during the first four years.
Throgmorton stated graphics would be helpful for the public understanding. Council Members
discussed the Citizen Summary. Throgmorton suggested that there might be two summaries, one
highly condensed summary then a more detailed Citizen Summary. It was stated this year's
Citizen Summary had more information and was harder to understand. Novick stated that the
water and sewer rates should be in the Citizen Summary.
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Kubby inquired about the budget decision process, Atkins stated that Council is obligated to
submit a budget to the state. Kubby inquired about the North Dubuque Street project. Atkins
recommended pulling the issue of applying for the EDA money on the agenda for a decision,
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Lehman stated that he would like to discuss the issue of using user fees versus general funds
to pay for some of the improvements in the water plant. Atkins stated that the current policy for
water and sewer is that they run as separate enterprise funds with no tax subsidy. Atkins noted
that Transit and Airport require tax support to operate and landfill, refuse, water and sewer all pay
for themselves through user fees. Staff and Council discussed water issues. Atkins stated that
staff is preparing more information for Council. Yucuis stated Council will be provided with a rate
analysis.
Atkins asked Council for directive regarding the transit fare 40% policy. In response to Lehman,
Atkins stated that Parking & Transit Director Fowler is proposing some changes in staffing that
will save the City money over the long term. Staff and Council discussed transit and SEATS as
it relates to the budget. Throgmorton noted that his memo regarding general travel allowances
related to parking and commuters will be distributed to Council. In response to Throgmorton,
Transportation Planner Davidson stated that a marketing study for the prospects of using transit
has been done. Council directed Atkins to prepare a rescinding resolution for the transit fare 40%
policy.
Atkins requested Council direction regarding parking fund transfer. Atkins stated currently the City
places approximately $200,000 a year into the general fund from the parking fines. Atkins stated
there is a policy position that the money should be provided from the parking fund into the transit
as a form of a subsidy. Staff and Council discussed the policy to transfer funds, Council directed
City Manager to prepare information about the amount of money available in the parking fund.
Atkins presented information about the Housing Inspection Services program. He stated that the
City has a rental housing inspection program whereby multi-family units are inspected every two
years, duplexes every three years, and single-family residences every four years. Atkins noted
that from 1982 to 1993 the number of multi-family units have increased from 9,300 to 12,400,
Atkins stated that the Housing Inspection Services program is funded by general fund monies and
rental fees, Atkins noted that rental fees cover approximately 50% of program costs. Atkins
stated Housing Inspection Services Director Boothroy has proposed adding one additional
Housing Inspector and changing the fee structure to be based primarily on the number of
bedrooms, Atkins asked Council if they wished to add one additional Housing Inspector and
increase fees to provide for the additional inspector position. Throgmorton asked for information
about the actual costs and the impact to actual rent increases. Council directed City Manager
Atkins to prepare information related to the Housing Inspection position request and the increase
in rates, There was a request for staff projections and information on how the total amount of
fines will change on the amount of money coming in as the result of adding another inspector.
Atkins presented information regarding the City Attorney's request for an additional attorney and
a change in office operation as it relates to billing separate funds for services. Council and staff
discussed the City Attorney workload. Council requested that City Attorney Gentry present
additional information to Council regarding the request for additional staff and change in billing
at their next meeting.
Atkins stated that he will schedule discussion of stormwater management and aid to agencies at
Council's next meeting. Horowitz inquired about establishing a companion ordinance for
amending the existing pesticide ordinance to address homeowners, Council and staff discussed
the need for a public discussion regarding a companion ordinance to the commercial pesticide
ordinance, City Manager Atkins was directed to put a copy of a draft ordinance in the packet.
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raise the issue for discussion.
COUNCIL TIME CONTINUED:
Reel 94.15, Side 2
Council agreed to cancel their March 14 work session and March 15 formal meeting and
scheduled March 7 for a Council work session and March 8 as a formal meeting.
Meeting adjourned at 10:15 p.m.
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City of Iowa City
MEMORANDUM
Date: January 31, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, January 18, 1994 - 6:35 p.m. in the Council Chambers
Mayor Susan Horowitz presiding, Council Members: Horowitz, Baker, lehman, Novick, Kubby,
Throgmorton, Pigott, Staff present: Atkins, Helling, Gentry,Karr, Moen, Franklin, Schoon, Fosse.
Tape recorded on Reels 94-16, Sides 1 and 2.
PLANNING AND ZONING MATTERS:
Reel 94-16, Side 1
PCD Senior Planner Moen presented the following Planning and Zoning items:
a. SETTING A PUBLIC HEARING FOR FEBRUARY 1. 1994, ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY AMENDING THE PDH (PLANNED
DEVELOPMENT HOUSING) PLAN FOR WALNUT RIDGE, PARTS 5 THROUGH 9, AN
85.32 ACRE, 56 lOT RESIDENTIAL SUBDIVISION lOCATED NORTH OF MELROSE
AVENUE ON KENNEDY PARKWAY EXTENDED, (REZ93-0015 AND SUB93-0023)
Moen stated staff will provide Council with additional information prior to the public
hearing.
b, SETTING A PUBLIC HEARING FOR FEBRUARY 1, 1994, ON A RESOLUTION
APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE 420 ACRE
TRACT OF lAND, KNOWN AS SYCAMORE FARMS, AND lOCATED SOUTH OF
HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS. (ANN92-0003)
c. SETTING A PUBLIC HEARING FOR FEBRUARY 1, 1994, ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY CONDITIONAllY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE 422 ACRE TRACT OF lAND lOCATED SOUTH
OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS FROM COUNTY RS,
SUBURBAN RESIDENTIAL, TO RS-8, MEDIUM DENSITY SINGLE-FAMilY RESIDEN-
TIAL (62 ACRES); RM-12, lOW DENSITY MULTI-FAMilY RESIDENTIAL (10 ACRES);
RM-20, MEDIUM DENSITY MULTI-FAMilY RESIDENTIAL (15 ACRES); RFBH,
FACTORY BUilT HOUSING RESIDENTIAL (84 ACRES); RR-1, RURAL RESIDENTIAL
(191 ACRES) AND ID-RM, INTERIM DEVELOPMENT MULTI-FAMilY RESIDENTIAL (59
ACRES). (Svcamore Farms)
d. SETTING A PUBLIC HEARING FOR FEBRUARY 1, 1994, ON AMENDMENTS TO
ZONING ORDINANCE SECTIONS 36-58, OFF-STREET PARKING REQUIREMENTS; 36-
60, SIGN REGULATIONS, AND 36-9, RFBH, FACTORY BUilT HOUSING RESIDENTIAL
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ZONE, TO ALLOW CERTAIN COMMERCIAL USES AS PROVISIONAL USES IN THE
RFBH ZONE, AND TO REPLACE THE INCORRECT REFERENCES TO THE RMH ZONE
WITH RFBH.
e. PUBLIC HEARING ON AN ORDINANCE VACATING THE NORTHERN 212 FEET OF
THE ALLEY LOCATED BETWEEN BURLINGTON AND COURT STREETS. WEST OF
DUBUQUE STREET (BLOCK 102). (Hieronvmi ProiecWAC93-0005)
In response to Novick, Moen stated that she will explore the timing of the vacation as it
relates to the Hieronymus project.
f. PUBLIC HEARING CONTINUED FROM JANUARY 18, 1994. ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE 7.86 ACRE TRACT OF LAND LOCATED AT
2312 MUSCATINE AVENUE (TOWNCREST MOBILE HOME COURT) FROM RFBH.
FACTORY BUILT HOUSING RESIDENTIAL. TO CC-2, COMMUNITY COMMERCIAL.
(REZ93-0010)
Moen noted that the applicant has requested this item be deferred to the April 12 meeting.
In response to Council, Moen stated that staff could keep Council apprised of the progress
that is being made on the proposal. City Attorney Gentry cautioned Council that the only
way a conditional zoning agreement can be effective is to have it signed before the
closing of a public hearing. 0
g. ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF AN APPROXIMATE 7.86 ACRE TRACT OF LAND
LOCATED AT 2312 MUSCATINE AVENUE (TOWNCREST MOBILE HOME COURT)
FROM RFBH, FACTORY BUILT HOUSING RESIDENTIAL. TO CC-2. COMMUNITY
COMMERCIAL. (REZ93-0010) (FIRST CONSIDERATION)
h. ORDINANCE AMENDING THE ZONING ORDINANCE TO REDEFINE "FAMILY CARE
FACILITY/FAMILY HOME" BY INCLUDING "COMMUNITY SUPERVISED APARTMENT
LIVING ARRANGEMENT." (SECOND CONSIDERATION)
If Moen noted that the applicant has requested expedited consideration.
i. ORDINANCE AMENDING ZONING ORDINANCE SECTION 36-58. OFF-STREET
PARKING REQUIREMENTS FOR MUL TI-FAMIL Y DWELLINGS. (SECOND CONSIDER-
ATIONt
Moen stated that the references to the design requirements for exterior stairways have
been removed and they will be referred back to the Planning and Zoning Commission for
further discussion.
j.
ORDINANCE AMENDING THE ZONING ORDINANCE BY AFFIRMING THE SINGLE-
FAMILY CHARACTER OF THE RNC-12. NEIGHBORHOOD CONSERVATION
RESIDENTIAL, ZONE AND RESTRICTING THE NUMBER OF PRINCIPAL BUILDINGS
PERMITTED ON A LOT IN THE RNC-12 ZONE. (SECOND CONSIDERATION)
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k. RESOLUTION APPROVING THE FINAL PLAT OF WILD PRAIRIE ESTATES. PART
ONE, A 9.84 ACRE. 20 LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF
ROHRET ROAD AND EAST OF THE IRVING WEBER ELEMENTARY SCHOOL SITE.
(SUB93-0017) (60-DAY LIMITATION PERIOD MARCH 14. 1994)
Moen stated the applicant has requested that the next two items, item k. and I., be
deferred to Council's February 1 meeting and legal papers still need to be approved.
I. RESOLUTION APPROVING THE FINAL PLAT OF WILD PRAIRIE ESTATES. PART
TWO. A 12.05 ACRE. 33 LOT RESIDENTIAL SUBDIVISION LOCATED NORTH OF
ROHRET ROAD AND WEST OF THE IRVING WEBER ELEMENTARY SCHOOL SITE.
(SUB93-0018) (60-DAY LIMITATION PERIOD MARCH 14. 1994)
See item k,
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City Manager Atkins, Economic Development Coordinator Schoon, ICAD President Marty Kelly,
and Moore Business Forms representatives Robert Broadbear, Director of Manufacturing; Jack
Wiley, Local Manager; and Steven Sormaz, Manager of Property Planning and Control, presented
information relating to the CEBA grant application. Pigott requested that Council schedule
discussion regarding establishing deadline for applications coming to Council. Council agreed
to proceed with consideration of the CEBA application.
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CEBA GRANT - MOORE BUSINESS FORMS:
Reel 94-16, Side 1
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COUNCIL TIME/AGENDA:
Reel 94-16, Side 1
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1. Mayor Horowitz noted the private applicator ordinance in Council's packet, and asked if
they would like to consider a private applicator's pesticide ordinance. Baker stated that
he would bring this item up for discussion during Council's formal meeting Council Time.
Council agreed to start the formal meeting of 2/1 earlier, and agree to hold a special
meeting time on February 1, 1994, at 6:30 p.m.
APPOINTMENTS:
Reel 94-16, Side 2
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Broadband Telecommunications Commission - reappt. Tim Finer and appt. Eric Roffenbuller
Assessor's Examining Board. John McDonald
Senior Center Commission. Readvertise
Airport Commission - reappt. Pat Foster
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Adjourned 7:30 p,m.
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City of Iowa City
MEMORANDUM
Date: January 31, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session-Budget, January 20, 1994 - 7:0 p.m. in the Council
Chambers
Mayor Susan Horowitz presiding. Council Members: Horowitz, Novick, Throgmorton, Baker,
Pigott, Kubby, Lehman. Staff present: Atkins, Helling, Gentry, Karr, Fowler, Yucuis, Mansfield,
Schmadeke. Tape recorded on Reels 94-20, Sides 1 and 2; 94-21, Side 1.
ANNOUNCEMENTS
Reel 94-20, Side 1
1. City Manager Atkins reported that SF94 from the State (Pesticides Regulation) was
passed by the Senate and included total City pre-emption.
2. City Manager Atkins stated that he attended a meeting in Des Moines with eight city
managers meeting with Gretchen Tegler, Director of the Department of Management.
Atkins stated that it was a very productive session, the city managers were able to provide
her with information about the impact of the property tax freeze legislation, and she
agreed to continue meeting with the city managers. Atkins noted that Gretchen Tegler
also presented information about the machinery and equipment legislation.
BUDGET DISCUSSION
Reel 94-20, Side 1
City Manager Atkins distributed copies of a work session agenda of budget issues to be
discussed as follows:
CITY ATTORNEY
City Manager Atkins and City Attorney Gentry presented information about the request for a new
position and new administrative charge back system. Gentry explained that the City Attorney's
office is obligated to respond to the needs of the City employees, the department heads, the
boards and commissions, the City Assessor, Planning & Zoning Commission, and the Board of
Adjustment. She stated that under state law her office has an obligation to defend all City
employees. Gentry explained that currently her office has been paying an attorney an hourly rate,
$18 per hour, for about 15 hours per week to do magistrate court. Gentry explained that with the
new administrative chargeback system the amount of time her office uses for all the enterprise
funds and Public Works projects will be charged back. Kubby questioned the impact of the
chargeback system on water, landfill and sewer fee increases. Director of Finance Yucuis stated
that he has factored in $100,000 in expenses within all the enterprise funds and the largest
portion of charges would be for Airport Commission. Gentry explained that her office presently
keeps track of time for litigation purposes for the risk management fund and she can come up
with a simplified version of that charge back for the other funds. Throgmorton stated that the
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charge back makes sense if the time that is being charged actually reflects the work done for the
particular enterprise funds. Council directed staff to proceed with the position and chargeback
system.
PARKING FUND TRANSFER
Parking and Transit Director Fowler presented information. Atkins distributed Fowler's January
20, 1994 memorandum regarding fund transfer - Parking to Transit. Fowler presented a brief
overview of the parking system and noted that the new parking ramp is going to require funds
from the rest of the system to pay the bonds and future maintenance. Fowler explained that the
City has been transferring $260,000 a year from operations into the renewal and improvement
reserve and at the present time there is $1.1 million in the parking renewal and improvement
reserve. Fowler suggested that the $260,000 could be reduced to $170,000 for the next three
years, which would allow a $90,000 transfer from the Parking Division to the Transit Division.
Fowler stated that currently his department has projected $500,000 in repairs scheduled over the
next three years. Fowler presented the following:
Parking Reserve
Transfers. 3 years
3- Years total
Projected repairs
$1,100,000
$780.000
$1,880,000
$500.000
$1,380,000
$270.000
$1,110,000
Transfer to Transit
Fowler explained that the City uses Shive-Hattery to provide long-range plans regarding list of
repairs for the parking facilities, Council Members discussed the budget projections as presented.
In response to Novick, Atkins explained that the transit levy did not stay at 95~ per thousand
because of the property tax freeze.
Throgmorton asked if changing the fee structure would have any substantive effect on traffic to
the downtown area or transit ridership to downtown area. Fowler explained that with the last rate
increase in the Central Business District the City realized a decrease in the revenue of the Central
Business District parking meters on the street and an increase in the meters further out. Fowler
noted that parkers moved from the Capitol Street ramp to the Dubuque Street ramp. In response
to Baker, Fowler noted that transit ridership has gone up 10 out of the last 12 months. Council
Members discussed downtown parking, transit ridership, and SEATS.
Council discussed the budget decision to transfer the $90,000 from parking to transit. Kubby
suggested leaving the $90,000 from the general fund in transit until further operational decisions
are made. Atkins concurred that the City would be better off leaving the money in transit until
decisions are made about the changes at JCCOG with respect to the service responsibilities with
SEATS.
SEATS
Atkins stated that SEATS negotiation process is underway. Horowitz stated that information was
prepared, a letter was sent, and negotiations started with the Johnson County Board of
Supervisors. Items in the draft RFP will be discussed during negotiations. Kubby clarified that
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the City is not obligated under law to have an open bidding process if the City chooses to do an
RFP with the County.
HOUSING INSPECTOR
City Manager Atkins presented information. Atkins explained that the cost of the new position is
$35,000 which includes wages and benefits, Atkins stated that the City's current revenue under
housing inspection is generated from fees at $40 per structure and $8 per unit, and the proposal
is to charge $40 per structure and $10 per bedroom. Atkins explained that under the proposed
fee structure $138,000 would be generated. Council Members discussed the proposed charges
and housing inspector position. The City Manager summarized Council discussion to add the
position and establish fees that would cover the position and add some "comfort level" to the
budget.
BUILDING INSPECTOR
Atkins noted that currently fees pay for the building inspection operations, In response to
Throgmorton, Atkins stated that the building inspection covers building, electrical, plumbing,
mechanical, water and sewer; building inspections also do land use inspections which in91ude
zoning complaints, abandoned cars, tree complaints, Council discussed building inspection
duties. Council agreed to propose fees needed to pay for the position and requested more
programmatic information.
INCREASED TOXIC CLEANUP CHARGE
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Atkins stated there had been a suggestion to increase the toxic cleanup charge from $1.25 to
something else. Atkins explained that 70,000 tons x $1.25 generates $130,000. Staff and
Council Members discussed the toxic cleanup program. Kubby stated that an educational
program is needed. Finance Director Yucuis explained that the entire landfill tipping fee is landfill
money and the City decided to segregate the toxic cleanup money to keep track of costs. Yucuis
explained that the City is currently funding landfill assurance, the reserves, operations, and toxic
waste cleanup. In response to City Manager,Atkins, Yucuis explained that the City has been
using solid waste surcharge monies for education. No increase was agreed upon.
FUTURE (WORK SESSION) DISCUSSION ITEMS
City Manager Atkins presented Council Members with a list of future discussion items as follows:
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Solid waste management
Industrial park plan
Affordable housing
Economic development policy
Airport economic impact analysis
Cultural conference center.
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Atkins stated that he will provide Council with memorandums outlining the major policy issues;
and prepare a schedule to prioritize discussions. Council directed staff to add to the list of future
discussion items parking and transit rates.
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CAPITAL PROJECTS
Atkins reviewed the list of capital projects that were not included in the CIP. He stated that the
City will need to do the Senior Center renovation project, and proposed amending the budget to
allow the City to borrow from itself to cover the cost of the renovation projecl. Atkins explained
that he will amend the budget in the amount of $20,000 per year and the City will repay itself in
3-5 years and charge the County 20% of the renovation costs,
STORMWATER MANAGEMENT USER FEE
Atkins emphasized that the City needs to find a way to pay for the stormwater management.
Atkins proposed annually transferring 2% of the water and wastewater revenues into a new
account called the stormwater utility.
Proposal FY96
Water Revenue
Wastewater
2% of revenue per year
$7,763,000
$8,645,000
$326,000
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In response to Throgmorton, Atkins stated that under the proposed EPA regulations Iowa City will
have an obligation to treat stormwater and EPA will allow the City to use something called Best
Management Practice. Atkins explained that staff believes they can design a system to, rather
than run stormwater through a treatment process, create stormwater detention basins for
capturing the stormwater and allowing the earth to serve as a filter. Staff and Council discussed
stormwater management. Additional discussion will be scheduled.
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SCHEDULE
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Staff and Council discussed the following schedule:
Council budget discussion - February 8, 7:00 p.m.
Boards and Commissions presentation regarding budget - February 10, 7:00 p.m.
Iowa League of Municipalities Legislative Day - February 16
JCCOG meeting - February 23
Budget public hearing - March 1
Budget adoption - March 8
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Council discussed the schedule of meetings. Council agreed to schedule a February 8, 1994,
7:00 p.m. meeting for general discussion of budget issues including CIP. Council Members
agreed to provide any additional materials to Lorraine by February 3 to be distributed to other
Council Members (2/4) for that discussion.
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COUNCIL TIME
Reel 94-21, Side 1
1. Throgmorton reported that Lisa Swengle, Press-Citizen, prepare an article in the
newspaper about a series of water plants related presentations on PATV.
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Baker asked City Manager Atkins if he could provide Council Members with a list of other
possible sources of income that Iowa City is currently not charging. Atkins sated that he
would try to provide that information.
2.
3. City Clerk Karr reminded Council Members that the special formal meeting is scheduled
on Monday, January 24, 6:30 p,m. in the Iowa City Public Library regarding the Joint
Fringe Area presentation.
4. Atkins informed Council Members that the pesticide ordinance discussion is off their
agenda for January 31 due to the recent state action on Senate File 94. Council
, requested information from City Attorney Gentry as to the impact to the City from that
state action, prior to deleting the item.
Meeting adjourned at 9:20 p.m.
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~~uarY 1994
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BUILDING PERMIT INFORMATION
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CITY OF IOWA CITY
KEY FOR ABBREVIATIONS
Type of Improvement:
ADD Addition
AL T Alteration
DEM Demolition
GRD Grading/excavation/filling
REP Repair
MOV Moving
FND Foundation only
OTH Other type of improvement
Type of Use:
NON Nonresidential
RAC Residential - accessory building
RDF Residential - duplex
RMF Residential - three or more family
RSF Residential - single family
MIX Commercial & Residential
OTH Other type of use
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'Page: l'
Date: 02/02/94
From: 01/01/94
To..: 01/31/94
CITY OF I~ CITY
EXTRACTION OF BUILDING PERMIT DATA FOR
CENSUS BUREAU REPORT
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Permi t Appli cant name
No,
Address
Type Type Stories Units Valuation
Il!llr Uae
========== ==================== ======================================== ==== ==== ======= ===== ============
BLD93-0878 ZEITLER, ROO AND 22 WARWICK CIR
DEBORAH
26'X 14' TYO STORY ADDITION.
ADD RSF
BLD93-0897 PHIL HOLLAND 1630 QUINCENT ST
16'-4" X 32' FAMILY RCX>>4 ADDITION/SCREENED PORCH.
ADD RSF
BLD93-0900 JOHN OCKENFELS 1208 MICHELLE CT
12'X 20' UNHEATED ENCLOSED PORCH.
ADD RSF
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BLD94-0028 DAHNY GRELL 804 EASTNOOR DR
20'X 17' FAMILY RCX>>4
ADD RSF
BLD94-0027 RONALD HERMAN AND
JANN REAM
\1000 DECK
510 GRANT ST
ADD RSF
ODS
ODS
ODS
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25000
25000
15500
6000
2200
ADD RSF permits: 5
.....................................................................................................................................
73700
BLD94-0021 ATHLETIC 1600 SYCAMORE ST
DISTRIBUTORS, INC.
INTERIOR REMODEL OF EXISTING RETAIL SPACE.
AL T NON
BLD94-0039 SIEFERTS DESIGN 201 S CLINTON ST
GROUP
REMODEL EXISTING RETAIL SPACE,
ALT NON
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BLD94-0029 SMITH-MORELAND 1486 S 1ST AVE
PROflERTIES
REMODEL EXISTING OFFICE SPACE.
AL T NON
BLD94-0049 GRAPHIC DESIGN 939 MAIDEN LN
ENCLOSE REAR OVERHANG OF EXISTING BUILDING.
ALT NON
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BLD94-0004 ROBERT EICKNORST 409 S GILBERT ST
REMODEL 1230 S,F, OF ~AREHOUSE SPACE TO RETAIL SPACE.
AL T NON
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BLD93-0901 PROTEIN BLENDERS, 2420 OLD HIGH~AY #218 S
INC.
A~ING ABOVE ENTRANCE ON PRIVATE PROflERTY.
ALT NON
BLD94-0031 KEN RANSHA~ 439 HIGH~AY 1 \/EST
REMODEL EXISTING OFFICE SPACE.
ALT NON
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26DOO
6000
3200
2000
1800
500
ALT NON permits: 7
..................................................................................................................................... :
139500
BLD94-0022 AUR APARTMENT AGENCY 48 ~ COURT ST ALT RNF
ADD 3/4 BATHROOMS TO 30-TYO BEDRCX>>4 APTS. AND 36-THREE BEDRCX>>4 APTS.
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BLD94.0023 AUR APARTMENT AGENCY 30 U COURT ST ALT RMF
ADD 3/4 BATNRCX>>4S IN 30'TUO BEDRCX>>4 UNITS AND 36'THREE BEDRCX>>4 UNITS.
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ODS
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ODS
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$
66000
66000
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rage: 2 '
Date: 02/02/94
From: 01/01194
To..: 01/31/94
CITY OF IOWA CITY
EXTRACTION OF BUILDING PERNIT DATA FOR
CENSUS BUREAU REPORT
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permi t ARll i cant M'IIll
No.
Address Type Type Stories Units Valuation
I~r Use
========== ================::== ======================================== ==== ==== ======= ===== ============
BLD94-0024 AUR APARTMENT AGENCY 13 E BURLINGTON ST AL T RMF 0 0$ 66000
ADD 3/4 BATHROOMS TO 36-THREE BEDROOM APTS. AND 30-TWO BEDROOM APTS.
BLD94-0025 AUR APARTMENT AGEHCY 29 V BURLINGTON ST ALT RMF 0 0$ 66000
ADD 3/4 BATHS IN 30-TWO BEDROOM UNITS AND 36- THREE BEDROOM UNITS.
BLD94-0026 AUR APARTMENT AGENCY 12 E COURT ST ALT RMF 0 0$ 66000
ADD 3/4 BATHS TO 36'THREE BEDROOM APTS AND 3D-TWO BEDROOM APTS.
BL094-0016 AUR APARTMENT AGENCY 406 S GILBERT ST ALT RMF
ADD 3/4 BATHS IN 36-THREE BEDROOM UNITS AND IN 12-TWO BEDROOM UNITS,
BLD94-0017 AUR APARTMENT AGENCY 404 S GILBERT ST ALT RMF
ADD 3/4 BATHROOMS IN 36'THREE BEDROOM APTS, AND 1/2 BATHS IN 12-TWO
BEDROOM APTS.
BLD94-001B AUR APARTMENT AGENCY 402 S GILBERT ST ALT RMF
ADD 3/4 BATHROOMS TO 36-THREE BEDROOM APTS. AND 1/2 BATHS TO 12'TWO
BEDROOM APTS.
BLD94.0009 AUR APARTMENT AGENCY 30B S GILBERT ST
INSTALL 3/4 BATHS IN 22 TWO BEDROOM UNITS,
ALT RMF
BLD94-0019 AUR APARTMENT AGENCY 302 S GILBERT ST ALT RMF
ADD 3/4 BATHROOMS IN 4'TWO BEDROOM,APTS. AND 12-THREE BEDROOM APTS.
o
48000
0$
o
0$
48000
o
0$
48000
o
~
0$
22000
o
0$
16000
BLD94.0015 AUR APARTMENT AGENCY 320 S GILBERT ST ALT RMF 0 o $ 12000
ADD 1/2 BATHS IN 6-THREE BEDROOM APTS, AND 6-TWO BEDROOM APTS,
BLD94'0012 AUR APARTMENT AGENCY 637 S DOOGE ST ALT RMF 0 0$ 9000
ADD 3/4 BATHS TO 6-TWO BEOROOM APTS. AND 3-THREE BEDROOM APTS.
.j
BLD94-0014 AUR APARTMENT AGENCY 504 S JOHNSON ST ALT RMF 0 0$ 9000
ADD 3/4 BATHS IN 6-TVO BEDROOM APT, AND 3-THREE BEDROOM APTS,
BLD94-0010 AUR APARTMENT AGENCY 510 S VAH BUREN ST
ADD 3/4 BATHS TO 4-TWO BEDROOM APT. AND 4-THREE APTS.
AL T RMF
BLD94.0011 AUR APARTMENT AGENCY 504 S VAN BUREN ST AL T RMF
ADD 3/4 BATHS TO 4-TWO BEDROOM UNITS AND 4'THREE BEDROOM UNITS.
BLD94.0020 AUR APARTMENT AGENCY 436 S VAN BUREN ST ALT RMF
ADD 3/4 BATHROOMS TO 4'TWO BEDROOM APTS. AND 4-THREE BEDROOM APTS.
BLD94.0013 AUR APARTMENT AGENCY 830 JEFFERSON ST
ADD 3/4 BATHS TO 6-TWO BEDROOM APTS.
AL T RMF
o
0$
8000
o
8000
0$
o
0$
8000
o
6000
0$
I,
All RHF permits: 17
....................................................................................................................................
$
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BLD94.0003 CLIFFORD VALTERS 840 NORMANDY OR ALT RSF
ELEVATE S.F,D. l' ABOVE 100 YEAR LEVEL AND REPAIR FLOOD DAMAGE
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Paga: 3.
Date: 02/02/94
Fran: 01/01/94
To..: 01/31/94
CITY OF IOWA CITY
EXTRACTION OF BUILDING PERMIT DATA FOR
CENSUS BUREAU REPORT
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Perml t
No,
Address
Type Type Stories Units Valuation
I~r Uae
Applicant IlllIIlIl
===::===== ====:=:===::=::=-::= ======:====:============================ ==:: ===: :=:==:: ===:= ====:==:::::
BLD94'0001 TONY WILSON 1521 BROADWAY ST
KITCHEN AND BATH REMODEL.
ALT RSF
o 0 $
BLD93'0888 JENSEN, JIM AND 1020 MARKET ST
PATTI
BUILD WOOD DECK OVER EXISTING FRONT CONC. STOOP.
AL T RSF
o 0 $
BLD93-0889 JENSEN, JIM AND 1018 MARKET ST
PATTI
FINISHING EXISTING ATTIC SPACE TO A BEDROOM.
o 0 $
AL T RSF
BL094-0032 LARRY OLESEN 935 JEFFERSON ST
CONVERT LIVING ROOM TO A BEDROOM.
o 0 $
ALT RSF
BLD94-0040 STUMPF, GEORGE AND 2215 PLAEN VIEW DR
KRISTY
REMODEL EXISTING BASEHENT.
o 0 $
AL T RSF
25000
2000
2000
2000
1600
ALT RSF permits: 6
.....................................................................................................................................
$
60600
BL093-0904 NATIONAL CQlPUTER 2510 N OooGE ST
SYSTEHS
OFFICE BUILDING STRUCTURAL SHELL ONLY
NEW NON
o $ 2046000
NEW NON permits: I
....................................................................................................................................
$ 2046000
BL094-0002 HARTIN BEER
12'X 26' CARPORT
716 STREB ST
o
NEW RAC
0$
4000
NEW RAC permits: I
....................................................................................................................................
$
4000
BLD93-0902 S & H PROPERTIES 1901 EARL RO
8 UNIT CONODHINIUMS
1901-1903-1905'1907'1909'1911-1913-1915
NEW RHF
2 8 $
BLD93-0903 S & H PROPERTIES 1923 EARL RO
8 UNIT CONOONINIUMS
1923-1925'1927-1929'1931.1933'1935'1937
2 8 $
NEW RHF
350000
350000
NEW RHF permlta: 2
16 $
.....................................................................................................................................
700000
BLD93-0898 HIKE O'HARA & JANE 431 WOODRIOGE AVE
ENGELOINGER
S,F.O. WITH THREE CAR GARAGE.
2
NEW RSF
BL093-0872 JEFF G HASELHUHN 82 HERON CIR
S,F,O. WITH THREE CAR GARAGE.
NEW RSF
2
BL094'0037 STEVE MCCOY
CONSTRUCTION
3532 GALWAY CT
NEW RSF
2
o
1 $
390000
1 $
174714
I $
174283
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Dete:02/02/94
From: 01/01/94
To..: 01/31/94
CITY OF IOWA CITY
EXTRACTION OF BUILDING PERMIT DATA FOR
CENSUS BUREAU REPORT
Permit
No.
Address
Type Type Stories Units Valuation
llIllr Uae
Applicant I1llIIIIl
S.F.D YITH TYO CAR GARAGE.
======::=: =:=========.======== ===.=====~==a=====a===================aa =a:: a=:: ==::::= a=a=: ====:=====::
BlD94'0045 C.B. DEVELOPMENT 2425 ASTER AVE
S.F.D. YITH TYO CAR GARAGE.
NEY RSF
1 S
BLD94-0046 C.B. DEVELOPMENT 2417 ASTER AVE
S.F.D. YITH TYO CAR GARAGE.
NEY RSF
1 S
BlD94-0047 C.B. DEVELOPMENT 2441 ASTER AVE
S.F.D. YITH TWD CAR GARAGE.
1 $
NEY RSF '
BlD94'0048 C.B. DEVElOPMeNT 2433 ASTER AVE
S.F.D, YITH TWD CAR GARAGE.
NEY RSF
1 S
BlD93-0876 JOE DUFFEY 41 GOLDFINCH CIR
S.F.D. YITH TWD CAR GARAGE.
1 S
NEY RSF
BlD94-0005 FRANTZ CONSTRUCTION 2230 PALMER CIR
CO, INC.
S.F.D. YITM TWD CAR GARAGE.
NEY RSF
1 S
115303
115303
115303
1153D3
102175
93334
NEY RSF permits: 9
.....................................................................................................................................
9 S 1395718
BLD94'OD34 GARY FITZPATRICK 521 S GilBERT ST
STRUCTURAL REMODELING OF EXISTING COMMERCIAL BUILDING.
o
o S
REP NON
600DO
REP NON permi tSl 1
........................~............................................................................................................
6000D
BlD93-0863 EICHER'S, INC. 4DO 1/2 KIRI(IIOOO AVE ,
REPAIR FIRE DAMAGE ON EXISTING APARTMENT BUILDING.
o
OS
REP RMF
BLD93'0778 PAUL JOHNSON 520 BOUERY ST
REPLACE EXISTING FRONT PORCH.
REP RHF
o
0$
S
8000
4500
REP RMF permits: 2
.....................................................................................................................................
1250D
S
TOTALS 25 S 5064018
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HIE RON Y M I PAR T N E R S
suite Eight, 328 South Clinton street
P. O. Box 288, Iowa city, Iowa 52244
February 3, 1994
To: The Mayor and Members of the City council, Iowa City, IA
Subject: The Near Souths ide Commercial Urban Revitalization
Plan
..
,
This letter has been written in support of the proposed
Near Southside Commercial Urban Revitalization Plan. We urge
the Council to adopt the Plan. It is true that we are
addressing issues specifically associated with the Hieronymus
Square development, but many of the points we make here would
apply to any developer of a site in the CB-5 Zone,
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The CB-5 zone was originally created as a part of the
continuing effort to maintain the vitality of the downtown by
allowing an orderly expansion of it in the only direction
available.
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The successes achieved by Urban Renewal stopped the exodus
of large businesses as personified by the departure of
l1ontgomery Ward and Sears. Younkers, J. C. Penney and Osco
Drugs stayed downtown in new stores, each four times as large
as their then existing stores. Fifty other new businesses
joined them in Old Capitol Center.
One measure of the success of Urban Renewal is that Old
capitol Center (Mall) has ranked third or higher (excluding
the utility companies) among Iowa City property taxpayers
since 1983 and has been number ONE for seven of those years.
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If Hieronymus Square (Phases I and II) is built, the taxes
during the tax abatement period will increase dramatically;
and after the tax abatement period, will produce tax revenues
comparable to those of Old Capitol Center (Mall).
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The Hieronymus Square project is the key to development in
the CB-5 Zone. If the building can be built as planned, the
positive results for the CB-5 Zone, the central business
district and all of Iowa City will include the following:
1, A substantial increase in the real property tax base
during a time when it is necessary for many critically needed
community improvements. '
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2, The actual extension of the core Blocks in the CBD
(the 100 Block of Iowa, Washington, and College) to the south
side of Burlington street will go a long way toward making the
CB-S Zone an important part of the downtown.
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3. The synergistic effect of the project can be expected
to increase the chances for the success of other projects in
the, CB-S Zone, as well as speed up the rebuilding process (new
buildings) in the Central Business District. This increase in
the density of the use of downtown property will reduce the
amount of urban sprawl that would otherwise occur.
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4, A new, architecturally significant business structure
at the intersection of Clinton, the main north-south downtown
street, and Burlington, the principal east-west arterial
street, will make a strong statement about the vitality of
downtown Iowa City and remove a blighted area from an
important site in the downtown.
S, The thirty-five to fo~ty offices and businesses
occupying each phase of the building will be the source of
many more downtown jobs particularly for students who need to
work to help pay their own way and other citizens needing
additional income.
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6. An inventory of vacant first class office space, none
of which exists today, can be expected to attract new
businesses downtown. This category of potential tenants
include those presently operating in Iowa City who would
prefer a downtown location as well as businesses from other
communities looking for space in Iowa City.
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7. This more intensive development of all of the
downtown, occurring as it must in the fixed space available,
will produce substantial increases in tax revenues. As there
is little or no cost to the City in adopting the Plan, these
additional revenues will be available to provide better
schools and to fund City and County services.
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The Hieronymus Square project is a speculative
undertaking. Tenants will have to be found and leases signed
at rental rates that will make the project financially
feasible. For anyone to consider doing the type of
development we have proposed for Block 102, the following
components must be present:
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1. A site, or collection of sites on which to build a
building large enough to have a substantial and positive
impact on the downtown.
We have been assembling the properties for such a project
in Block 102 for many years. If this assemblage had to be
done today, at current land prices there is no way it
could be considered financially feasible. As you know, we
have engaged Calvin Lewis of the Herbert Lewis Kruse Blunk
firm to do the architectural work which is well on its way
toward completion. We are confident the building as
designed will not only be environmentally and functionally
efficient but it will also be viewed by most of the
community as architecturally beautiful.
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2. A developer with substantial assets and a willingness
to put those assets at risk as equity for the required loans.
The Hieronymi Partnership has the necessary assets and
a willingness to take reasonable risks. However, a
project of this size must be financed with borrowed
money. Over nine million dollars will be required for the
construction of the first phase of the building. Lenders
do not knowingly take risks. Whatever risks the lender or
lenders see in the project must be covered by the
developer with its own cash or other assets. Even then
the risks must be viewed by the lender as reasonable and
within the financial capability of the borrower to
handle. The lenders tell us that without tax abatement
the risks to Hieronymi would not be reasonable and under
those circumstances the project cannot be financed.
3. A downtown that is currently viable with good
prospects for the future.
Downtown Iowa city is viable, alive and well. However,
there have been no new buildings constructed in the
central business district since the hotel was built.
There has been considerable remodeling and refurbishing as
well as the bank additions, all of which have positive
indications of the future,
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4. An unmet demand for downtown retail and office space
of the quality and quantity being planned.
We are satisfied that such an unmet demand does exist.
Our rental survey, which is still in progress, shows very
little vacant space of the quality planned. The level of
the demand, which is now being assessed, will be
instrumental in determining the rental rates as well as
the speed of leasing.
Tax abatement is nota grant. No money is paid to the
developer. The benefits of tax abatement pass directly to the
tenants and indirectly to the community as a whole through
increased tax revenue. The tenants of any development pay the
taxes; and tax abatement helps the tenants by making it
possible for them to pay lower rents, while they are building
up their customer base and paying off their tenant
improvements. Thus, there will be a faster influx of new
businesses and jobs.
Tax abatement does not affect the taxes currently paid on
the location, The only taxes partially abated are taxes
which would be assessed on the improvements. If the
improvements are not made, the tax revenues would remain at
their present level, and the increased revenues would be lost
to the community.
The Hieronymus Square project meets all of the stated
goals of the city of Iowa city for the CB-5 Zone. The
development is consistent with city policies and is entitled
to the support of the Council. The desired development for
any part of the' CB-5 Zone will not happen without the adoption
of the Near Southside Commercial ,Urban Revitalization Plan,
Hieronymi Partners
By: I, I :., "
'Wilfreda Hieronymus
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Supporting Information
to Letter to the Iowa city Council dated February 3. 1994
Hote: Any tax estimates and computations contained in this
letter are based on the same assumptions made in the City
staff Memorandum on the Hieronymi Partners project dated
November 18, 1993. The Property Tax Levy remains constant at
32.198 per $1000 of assessed value, which also remains
constant.
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A, CONSIDER real property taxes to be paid on the Hieronymus
Square property over a twenty year period with Tax Abatement
,/
Phase I assessed at full value on January 1, 1995 after
construction completed
Total Taxes paid with Tax Abatement
over ten year period $1,976,360
Total taxes paid over second
ten year period 3.278.317
Total Taxes on Phase I paid over 20 years $5,254,677
Phase II assessed at full value on January I, 2001 ()
after construction completed
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Total Taxes paid with Tax Abatement
over first ten year period $1,791,640
Total Taxes paid over second
ten year period
3.093.597
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Total taxes on Phase II paid over 20 yrs
Total taxes paid by Phase I an II
with tax abatement over two ten
year periods
$4,885.237
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$10,139,914
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B. COMPARE with total taxes paid on
Phase I and II property without
any new development over 20 years
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Phase I property
Phase II property
Total taxes paid on Phase I and II
property without any new
development over twenty years
$638,648
269.208
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$907,856
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C. ,ALSO COMPARE:
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Annual taxes paid on both Phase I and II
of Hieronymus Square after the tax
abatement periods
$637,191
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Annual taxes paid on Phase I and II
, property without new development
($637,191 is more than fourteen times $45,392)
$45,392
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LAREW LAW OFFICE
Attorneys at Law
504 E, Bloomington Street
Iowa City, Iowa 52245-2858
James C, Larew
James R. McCoy
Phone 319-337-7079
Fax 319-337-7082
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January 31, 1994
Mr. Steve Atkins
City Manager
City of Iowa City
Iowa City, Iowa 52240
He: PATV/Cable Television Franchise
Dear Steve:
I am aware that the City of Iowa City is in the process of
evaluating Public Access Television, Inc., in the course of
preparing for the cable television franchise renewal.
By this letter I wanted to voice my support for a strong
public access component to any franchise negotiated by the City on
behalf of its residents.
In theory, a public access channel is essential to providing
a viable public forum. In practice, the product delivered on
public access television can be maintained and improved only if it
has an adequate funding base. Therefore, I would urge the City to
negotiate for franchise provisions that ensure the strongest
possible public access component.
Thanks for hearing me out on this one.
Best wishes.
cc: Mr. Dale Helling
Mr. Drew Schaeffer
Ms. Rene Paine
Larew
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Jan 31,94 12:15 No,QQ2 P.02
TEL NO.319-338-9958
MEMORANDUM
~ IO:~ CITY
M", CHAMBER OF
~ COMMERCE
325 E. Washington
P.Q, Box 2358
Iowa Oty, Iowa 52244
319-337-9637
stephen J. Atkins, City Manager
City of Iowa City
FROM: Allyson Schulle, Program Director ~
Iowa City Area Chamber of Commerce
TO:
DATE: January 31,1994
RE: ADA Compliance Issues Efforts
The Iowa City Area Chamber of Commerce has eagerly decided that the ADA's
Accessibility Compliance Issue is an area where we Can effectively educate and facllnate
information sharing with the business community, of which we represent.
A task force has been formed, comprised of Soni Harney, Iowa State Bank & Trust
Company; Judy Stebral, The University of Iowa Foundation; Russ Vance, First National
Bank; Ron Berg, MECCA and John Phipps, National Computer Systems and myself. It
will be the goal of the task force to educate, not only the business community on
reasonable accessibility Issues, but also the general public on the issues facing us all
in complying with ADA. This effort will be facilitated through research, communication
and monthly articles In Reflections. It is also (elt that one-on-one contact will be needed
and ways to facilitate such a task will be looked at. In addillon, the group feels that
evaluation of local and state building codes may facilitate further compliance
mechanisms.
The Chamber Is also committed to a cooperative effort through the Institute for Social
and Economic Development in procuring a Department of Education ADA Research and
Demonstration Program Grant. The opportunity is an exciting one with a goal of
administering a "model" community effort In ADA requirements and the appreciation of
the positive impact its successful implementation will have on persons with disabilities
and their families as well as on the communily at large.
If I can be of any further assistance w~h this matter, please let me know, Thank you.
Serving the Iowa Clly,
Coralville, and
Johnson County Area
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January 31, 1994
Marian K. Karr
city Clerk's Office
410 E. Washington st.
Iowa city, IA 52240
Dear Marian Karr:
Thank you for discussing with me the concerns that The Gazette
Company has regarding the ordinance for newspaper racks on city
Plaza.
It's my understanding that the city council passed the ordinance
December 17, 1993 and it's scheduled to be effective April 1, 1994.
The Council is now wrapping up the overall city budget for the
fiscal year. You believe that it will be mid-to-late February
before the specific issue of the newsrack ordinance will be put on
the table. It will be considered with a list of other issues that
will be prioritized. If this issue is advanced, the council would
need to authorize funding for the project and to set up policies
and procedures to implement the ordinance. The council could also
decide to amend the ordinance. If the council has not authorized
the funding and has not completed the procedures by April 1, the
ordinance would not be implemented.
The Gazette has two key concerns if the ordinance were to be
implemented in its current form:
1) The ordinance calls for a possible "lottery" if the
number of applications for the modular units exceeds the
number of units provided by the Council. We would be
quite troubled if our Independent Distributor were
excluded from obtaining a vending machine because of a
lottery system.
2) A user's fee may be established by The Council. If
the fee is set too high, it might not be possible for The
Gazette's Independent Distributor to operate the machine
profitably. We would also be upset if the fee were to
preclude The Gazette's Independent Distributor from
operating a machine.
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As we discussed, there are other issues regarding the ordinance.
These include: payment and ownership of the' machines;
responsibility for machine maintenance; and obtaining approval for
possibly adding machines during the year.
We're willing to work with the city council if the ordinance is
implemented. But we would like to be assured that a machine will
be available ,for The Gazette Independent Distributor at a
reasonable fee and that procedures and polices will be acceptably
outlined.
Please share this letter with the Council members before they
deliberate these issues. Thanks again for taking the time to
explain the process that the ordinance will go through and for
listening to our concerns.
Sincerely,
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Don Michel
Circulation Director
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cc: Dale Larson, Gazette General Manager
Bill Ruhl, State Circulation Manager
Linda Edwards, Independent Distributor
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IOWA CITY COMMUNITY
SCHOOL DISTRICT
Barbara Grohe, Ph,D.
Superintendent'
509 S, Dubuque Street
Iowa City, IA 52240
(319) 339-6800
(319) 339-6890 FAX
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January 31, 1994
Susan Horowitz, Mayor
1129 Kirkwood Avenue
Iowa City, IA 52240
Dear Mayor Horowitz and City Council Members:
The School Board would like to ask that the City Council reconsider their decision regarding on-
street parking on those streets adjacent to City High at least until our current construction
projects are completed or additional parking can be made available, whichever comes first.
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As you know, we have all been grappling with this issue for the last several months. The
situation is one of long-standing duration and the answers to a permanent resolution are neither
simple nor inexpensive. Often the very same people who have requested limited on-street
parking are the same people who are opposed to the construction of a parking lot in that area on
school district land, Trying to find a reasonably satisfying solution for all will take some
considerable planning and discussion. The situation is made more compelling by the Council's
action to ban on-street parking at the same time that additional parking spaces are lost due to the
construction project,
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We would very much appreciate your reconsideration of the on-street parking ban at least during
this very difficult time period.
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Connie Champion, Pre ident
Iowa City Community School District School Board
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SUBJECl': Ccrnnercial Amusenent Rides in ICMa City Park.
'IO: Members, ICMa City Parks and Recreation Ccmnission and City Council,
FroM:' Students in Recreation, University of Iowa.
It is a generally accepted concept that tax-supported public parks have
as their ptl!pOse the. ~ollowing: To'serve as a place where individuals o~ all
ages can go to relax, participate in sports and games, listen to music concerts,
enjoy gatherings and picnics and engage in natUre study. with the exception of
publicly owned food concession stands and swimning IXlOls, all activities in
public parks sh::>uld be available to all citizens, without cost.
Aimsanent rides are usually operated by itinerant carnival ride operators
in local cx:rnnuni.ties in connection with fairs and celebrations. other amusanent
rides are located in permanent privately-owned parks such as Adventureland in Des
l>bines, Iowa, Both itinerant and penranent amusenent ride operations are available
only to those persons woo' can afford the .required admission fee,
There are numerous and J:egfcill1atl:r'questions:-relative to the appropriateness of
allowing a private ~eneur' to operate a' camtercial amusenent ride operation '
in a public, ,tax-suPtx'rted park. It \\Ould appear that Iowa City is the only krown
cx:rnnuni.ty in Iowa or the Midwest which pennits such an arranganent, There are no
apparent checks and balances on the financial aspects of the carmission arrangement
the operator has with the city ,eamiual rides are dangerous and accidents and law-
suits related to then are n~us. One such lawsuit has arisen relative to tnI'!
rides in Iowa City Park. For practical purposes IXlOr families are'unable.to,afford
the rides. Senior citizens have no use for the rides, Would not the space occupied
by the ride operation be trOre appropriat~sed for picnic space, horseshoe:or"-shuffe
Ixlard courts, a live animal petting zco or merely replanted with flowers, trees and
shrubs? The gasoline powered engine on the miniature train has chased away or
killed birds, small animals and insects, The noise, lights, dust, increased traffic
and general congestion of the area \\Ould classify the rides as a nuisance,
Slllli!\3IY and Conclusions:For the numerous reasons en1.lll'erated atove, it is app-
arentthat the privately owned and operated carnival amusement rides in Iowa City -.
Park are undesirable and inappropriate, and should be raroved from the park,
Suggested Solutions: Accross from the AltpOrt in Iowa city is a park called
sturgis Ferry. It is atove the floodplain and is in a relatively industrial and '
camtercial zone.lt is flat, relatively barren and easily accesible. Offer the
amusement ,ride operator sare flat rate rental space, (This will eliminate the
legal responsibility of the c~ty relative to potential accident lawsuits} We are
certain that the ride custaners will find the new location just as the custaners of
other business which trOve to a new lccation,
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Recreation Students, University of
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QUESTIONS ABOUT
THE PROPOSED
IOWA CITY WATER TREATMENT PLANT
1. Forecasts
. Population
Is the forecast for population growth accurate?
Does it match forecasts by other local and regional agencies?
. Water Use
The Study estimates that per capita water use will increase annually by one
gallon per person per day for the next 40 years - from 123 to 161 gallons
per day. Is this reasonable and accurate?
The forecast of water use should be divided into categories (e,g., residential,
office, industrial, institutional, etc.). This would make the forecast more
understandable and provide useful information,
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2. Information
,. Leakage
How much water is currently being lost through leakage in the distribution
system? Can this amount be reduced in a cost-effective manner?
. Costs
What are the expected operating costs of the new water treatment plant? How
do these costs vary according t,o different regulatory scenarios?
What is the total cost of the new treatment facility over its design life? What
is the cost per 1,000 gallons of water treated? What is the expected
increase in the water bill of the average home?
. Water Use
Who uses our drinking water? Who are the major consumers of treated water?
How is water consumption divided between industry, offices, institutions,
apartments, and single-family households?
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3. Watershed Protection
. Coralville Reservoir
Preliminary research indicates that some improvement of the water quality of
the Iowa River takes place in the reservoir. This means that local
watershed protection could substantially affect the water quality of the river.
. Johnson County Soil & Water Conservation District
The JCSWCD 5-year plan estimates that an investment in soil conservation
measures in local watersheds would result in a significant reduction in the
turbidity of the Iowa River.
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Water Treatment Questions . Page 2
4. Conservation
. Reducing the amount of drinking water consumed could reduce 1) capital costs of
the new plant, 2) operating costs over the life of the plant, and 3) the amount
of sewage to be treated, Reducing the amount of water treated would also
increase the City's ability to adjust to changes in US EPA drinking water
regulations,
. Conservation measures can be structural as well as behavioral changes. This
would result in predictable and constant changes in water usage,
. Conservation measures could include:
1) changes to industrial processes
2) installation of water efficient fixtures
require in new construction
replace existing fixtures ,
typical savings range from more than 40 % in office buildings to more
than 10% in residential use
3) change water rate structure
4) water audits
. There is extensive experience and a sizable body of literature in water
conservation, There are experienced consultants specializing in the field,
S. Untreated Well Water
. Are there major users of drinking water who could use untreated well water?
Could well water meet the needs of industries, hotel laundries, or other users?
This could result in the same- savings as reducing water consumption through
conservation.
6. Location
. If there is concern about contamination from a spill on 1.80, is it prudent to locate
the raw water intake adjacent to the 1-80 bridge? Will the Iowa River Power
dam pool contain a possible spill and prevent clearing of the intake? '
Submitted by: Randy Neprash
426 Grant St.
Iowa City, Ia 52240
February 1, 1994 ((O(/11...} ~Ittj)
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New from American Water Works Association
DRINKING WATER HANDBOOK FOR PUBLIC OFFICIALS
A.
QUICK HELP FOR
PUBLIC OFFICIALS
COVER ALL THE BASES
The Handbook describes various water
sources, types of water systems, and classes
of customers, and defines basic "
water system components. It ',]
, provides an overview of every , " i
facet of woter system operation
and management, including:
* drin~ing water regulations
* water sources
* water treatment
methods
* distribution systems ',t
~ * utility operations ' ,
~ and management
~ * common drinking
water contaminants
* a list of USEPA,
~ state, and local
~ drinking water
o~ices
* and much more.
Drinking Water Handbook for
Public Officials, is a valuable
decision maker's tool that
administrators will turn to time
and again whenever they need
answers to questions regarding
drinking water.
Many public water systems are operated
by local governmental bodies
such as cities or counties.
The management of these
systems oken rests with public
officials who have little specific
training or experience in water
system operation.
Written in clear,
nontechnical J
language, Drinking
Water Handbook for
Public Officials will
help administrators
understand the basics
of water system
operation and
management. The
practical information
is presented from a decision
maker's point of view
to help administrators under- I
stand how public water systems
work and why they must be
properly constructed, operated
and maintained.
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ORDER YOUR COPY TODAY!
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YES I Send copi.. of Drinking Wa~' Handbac, ,ro, Public Ollicials 01
$23,00 ooch 1Qi';;,'mbell and $29,00 each fo, nonmembers, (No, 20307J~
(Prices IUbioct 10 change wHhoul notice,l
Pot shipping and handling of otd." in !h. u,S,. Canada, 0' Moxieo, add
$S,oo, If otde, illo be shippod auhide North Amer;ca, add 40% of ardor
amounl. Ordet Amounl $
c,,1otocIo r&sidonh: acid apprapria~ ,0/.. 'at $
Shipping & Hanciling S
TOTAL S
Cl Paymenl.ncIo,ed, Mal. chocls payoblelo AWWA in U,S, or Canadian
funds, IIf Canadian funds, odd m 10 1olal,I
Cl VISA Cl MaslefCard Cl American Eitprell Cl Oiner', Club
Card No,
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;...'ONSERVATION
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troducing Three
ew Titles on Water ~\
onservation from AWWA @~ \\
u may be considering a water conservation program for your service
:\ hut are unsure how to begin. Or you may be faced with a new
..mandated water conservation policy, Whatel'er ratio of residen-
;, ~ommercial, and business zoning your service area comprises,
se three new sourcebooks from AIVIVA can help you plan and imple-
nt a successful program to meet your water conservation goals.
JER.EFFICIENT LANDSCAPE GUIDELINES
Richard E. Bennett and
chael S. Hazinski
wbound, /84 pages. /993.
,Jes general standards for
dscape design, irrigation, and
intenance to maximize land-
pe water efficiency. Presents
tegies to help develop local
dards for new, existing, or
abilitated residential or com-
rciallandscapes. Covers water
get factors and offers formulas
:'1tuate varying landscape con.
: ,\, and ground cover options.
tudes 16 pages of full.color photos.
"Water-Effi,cierit, ..
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EVALUATING URBAN WATER
CONSERVATION PROGRAMS:
A PROCEDURES MANUAL '
Developed /)y California Urban
Water ,4gencies
Paperboulld, 308 pages, /993.
Provides step.by-step procedures to
plan and evaluate long.term pro.
grams that optimize water conserva-
tion. Helps you determine the
conservation capacity of your service
area, conduct a pre liminal}' evalua-
tion of conservation measures, and
account for potential water savings, associated costs, and benefits.
I
Evaluating
"""~ UibaJi
""l """"WaterCOl1lefVation
!'.'--\ Programs: I,
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THE WATER CONSERVATION
MANAGER'S GUIDE TO
RESIDENTIAL RETROFIT
Developed /)y AWlVA 's Water
Conservation C/)7/lmittee
Paperbound, 52 pages, /993.
Provides a menu of hardware
replacement alternatives for the res.
idential sector and explains the pros
and cons of each alternative.
Describes various water.saving hard.
ware options, including shower-
heads, faucets, and toilets, Covers
aU aspects of a retrofit program, from product selection to testing
and distribution. Addresses staffing and management issues, and
gives methods to evaluate a program's success.
PECIAL INTRODUCTORY OFFER: ORDER ALL THREE BOOKS FOR ONLY $70,00*
'Member price, Nonmember prico 590.00.
..............................--........--.............................................................................................,
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S! Send _ complete sets, Includlnl one copy each orWaltr.Efficlent
'"d<eope GuldeUnes, Evaluating Urban Water Constrvadoa Programs: A
:' ", ' lures Manual, and The Water Conservation llanager's Gulde to Resldendal
e[;'ol1~ at only $70,00 per stt ror members ond ,100,00 ror nonmembers,
No,20312J0)
nd _ copies oCWater,Emclent Landsape Guidelines 3tl3'2,OO ror members
d .\40,00 Cor nonmembers, (No. 2030MO)
nd _ copies oC Evaluating Urban Water Conservation Progrlllils: A PrO(edurea
anual at 134,00 ror members and 142,50 Cor nonmembers, (So.20292J0)
ad _ copies oCThe Water Coaservadou Manager's Guide to Resldendal
, -,,~t at 120,50 ror members and $26,00 Cor nonmembers, (So. 20250JO)
~'-, '"" IlbJect to change without notice,)
or shipping and handling oCorders In the U,S" Canada, or llexico, add 15,00, IC
rder b In be shipped outside North Amerlc:!, add 40% oC order amount,
Order Amount 1
Colorado residents: odd appropriate sales tax 4
Shlppln~ & Handlln~ ,I
TOTAL 1
o
Order by Phoue or FAXI AVrWA memhers and credit card customers, call
toll.Cree (800) 926-7337. Or FAX (303) 795-1989.
o Payment enclosed, llake checks payable to AWWA In U,S. or Canadian funds,
(If Canadian ronds, add 20% to total.)
o MasterCard
o American Express
Exp.
o Diner's Club
o VISA
Card No,
Signature
o BU! me, (A'IIIVA North American members only.)
Name
Organization
Street Address
IMPOIlT.....m ,\WWA cwollllp... P,O, BoL
>,
CltylStatelllP
Phone( )
Member No,
Mall order Conn to: AWWA llemberServlccs
6600 W, Quincy Ave.
Denver, CO 80235
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Survey Says Water Utility Advisory
Councils Are a Success
Joan Becker
This article reviews the results of a s'urvev of water utilities that have had
experience with public advisory groups. AWwA's Public InfOlination Commit.
tee conducted the survey, Responding utilities state that the topics most
frequently addressed by groups in their communities are conservation, rates,
and water supply projects, Most advisory groups met specific goals. Utilities
found that the participation of the advisory groups improved utilities' opera.
tions rather than detracting from them, in some cases increasing community
support for projects. The author reviews the experience of the Bridesburg
Community Advisory Council in Philadelphia, Pa., which serves as a commu-
nity sounding board for controversial projects at the water department's
wastewater plant, The article concludes with advice and general comments
from survey participants who have fonned community advisory groups.
Last May, A WW A's Public Information
Committee surveyed water utilities to ob-
tain information about their work with
advisory councils. Questionnaires went
to 244 member utilities that had identi-
fied themselves as interested in public
involvement-by participating in A '/v'W A
workshops. for example. or serving on
committees. Twenty.five utilities re-
sponded (Table I). Of the 25 respon-
dents. 22 have formed advisory groups in
their communities to discuss issues and
resolve problems.
These 22 utilities were asked to ex-
plain their initial reasons for forming ad.
viso!)' groups and the outcome of the
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TABLE 1
List of rtspondtnts to A WI~il sumy
\
Name or Udllly
Location
Fremont, Calif,
Colnrado Springs. Cnlo,
I.,ke F.lsinnrr. Calif,
Fon My.". Fla,
GrOlon, Conn,
AII"town, P."
Ln, Angel.., Calif,
Con. Mad.ra, Calif,
Moott'heitd, Minn.
Huber Height', Ohio
Chilllcnth.. Ohio
Tualalin, Ore,
Grand Junction. Coin,
Aurora, Cnln,
D.nver. Cnlo,
Tampa.Fla,
Grand Rapid" Mil-h,
MI"ion,Kan,
~
I,
Alameda CounlY Water Oi~lrkl
Colnrado Springs Utilities
Elsinore Valley Municipal Water Distrlcl
Florida Cities Waler Cnmpany
City or Grolon, Waltr Division
Lehigh County Authnrity
Los Ang.l.. Oepan,ment of Waler and Power
Marin Municipal Wafer Oistrict
Moorehead Public Service
Ohlu Suburo,n Waler Company
Ross Coun~' IValer Company
Cily ofTual,tin
UleWater Con,maney Oi'tricl
Aurora Utilities nep,nmenl
Doover Water Depanmenl
Florida Cille, Wal., Company.
Carrollwolld Oivisilln
Ci~' of Grand \l;Ipids Wal., Sysl.m
john~lO County {/(an"s Cify
m"rapolil" suburb,)
Un I. ROI'k Munldll,1 Wlll" Work,
Louill\'iIlt' Walt'r Cnmllany
Mt'mphill Jj~ht, (jil~ and Waler
Nt'w JI'rst'y-Amt'riran Wmrr Company
Phil,d.lphin W,"r O'II,nOl'"
Springfi.ld Utilily "liard
Tuc!!un Wall'r
Unl. Rnck. Ark,
l.oui,ville, Ky,
M"OIlIhis, T.'nll,
H,dd"n H.i~hIS, N,j,
I'hil,d"lllhl", p"
Springfi,ld, Ore,
TUt'slIn.Ariz.
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58 MANA(;EMHNT ANIl OI'EIlATIONS
~-
processes their groups had undertaken.
[n addition. thev were asked to describe
the membership of their advisory coun.
cils and to offer their colleagues some
pointers on how to form advisory groups
of their own, A composite list of partici-
pant groups appears in the sidebar on
page 59,
Answers to the survey questionnaire
illustrate creative methods of problem.
solving and interacting with the public. A
correlation was noted between the serio
ousness of the issue (often dictated by
the amount of money at risk) and the
formality and structure of the group. As
the stakes go up, the structure becomes
more formal, and the public-sometimes
because it has resorted to litigation-has
more of a role in the decision.making
process, This is a reversal of common
practice 20 years ago, when water utili.
ties often made decisions without invito
ing public opinion or interaction,
According to the survey, responding
utilities have formed ad hoc and standing
committees. negotiating teams. advisory
councils. decision-making bodies. infor-
mational conduits, and formal and infor.
mal groups. The topic most frequently
addressed by the advisory councils sur-
veyed is conservation; the advisory
groups of nine utilities concentrate their
energies in this area. Rates and water
supply projects were the most important
topics for the advisory groups of seven
utilities, Two water utilities formed advi.
sory councils to discuss general issues.
Table 2 lists other topics discussed by
advisory 'councils.
Most public participation groups de.
scribed by the responding utilities were
created in the last year or two. Denver
Water and Tucson Water are the old.
timers of those surveyed; each has had
an advisory council for more than a dec.
ade. [n addition. each has expanded the
advisory council's role from its original
purpose. Forexample. Denver's Citizens'
Advisory Committee began as a result of
an agreement at the conclusio~ of envi.
JOURNAL AWWA
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Advisory elll/llril,~ IIIII'I'lil,~trrrd l'Iloppmtiml 1JI1/1II1, :IIP il/tmsts ill!'IJ/l'ed all/I ellal/ged
IItilities' rellltilll/sllip,~ l!'itll tf,P pllb/it'/rlllll (/{{ms'lr;1I1 ~I t'lIlIpemtit'p,
ronllwnlal disPIIII" IIl'l'r l'III1SlrUl'lillllllr
a II'I.'alnll'lIl plalll 1'llIIlplt'x, A 1t'J.(isl:nllr
inll'rvclwdlll Sl'IIIt' Ih., iSSUI', alld as a
rcslIlt III' Ih., 1Il'J.(IIli:nilllls all advis,"'v
~lIullril was rlll'lll;'d ill I !17!I, Th., advisllr~
~lIulIl'i1 :uldl'l'SSl" diy.'rSl' iss\lt's illd\lti,
illJ.( ~IIl1vl'r'alillll, ,'rllllllulil' d,'vl'IIIp'
11\1'111. alld,J.(l'Il1uulwal,'r pl'llll'l'lillll,
alld :nt' nl'\\' pmp"I'lives alld id~as th~y
SUPi:iied had hel\l'lill'd lh~ ulilities' plan.
nill~ a~tivilil'S, Th., m~rilS III' advisory
~II11~rib 11I1Il'd hy ulililit's include c1arifi.
~al:'.:1 III' i;;UI'S and interests. ~lIl1pera.
li"l: 11IUlIlIJ.! partit's, and a ~hanJ.(c in th~
ulil:::;'; i'l'lalillllship wilh the puhli~ from
ad"'''I';arialIII l""lp.'ralivl.', Olle ulility at.
Iriln:;t'd ils ahilily III s,,1I hllnds III a puhlic
illl",:-.I'III1'nl prlll'l'ss,
Dynamic relationships, empowerment,
and collective problem. solving noted,
:\ur' ,ra. L'lIll1.. dl'Vl'llIpt'd a l'lInSllrvation
pia:: haSl'd lIn puhlir input. Inslead of
Respondents agree on success
of advisory groups
:\11 l'I'sp'lIld.'nls I" Ih., ;urVI'y a,J.(i'l,,'d
thalllll'ir lulvi;lIry ,J.(i'lIlIP' 1I'l'1'I' '1II'<'"S"
rul. ~11I,1 J.(rlllll" had 1111'1 'I"'rllil' ,J.(lIa"-
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Participants in the
AWWA survey
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Indiyiduals
Customers
City council members
Landscapers
Lawyers
Government officials
A mediator
Academics
Doctors and dentists
Industrial hygienists
Dialysis center technicians
Elementary school principal
High school student
Snow bird'
Organizations
Residents' associations
Plumbing suppliers
Environmentalists
Homebuilders' associations
Public interest groups
Geographic representatives '
Suburban water distributors
Senior citizens' groups
Real estate developers
League of Women Voters
Chamber of Commerce
Civic associations
The media
The fire department
Small businesses
Hotels and restaurants
Parks department
Military installations
Industry
ThePTA
The police
Health Department
Planning Commission
O.
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'"Snow bird" is a Floridian's term for a
northerner who com~s south for the
winl~r,
JOAN BECKER 59
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TABLE 2
Results fram advisory council survey'
)95ue, Add,.",d
Consrrvation and drnuJ:ht
Rates
Diversiun and supply projt'ctst
Water quality
General
Projt'ctionst
Economic analysist
Expansion of customer baset
New laX policy!
l.ong,range planning!
Billing format
Billing practices
Construction and disinfection of water mains
New technology I
Economic development*
Groundwater protection*
Transfer and ownership of assets
Combined sewer overflow
Number or Responses
9
7
7
4
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o A total of 244 questionnaires was sent oue 25 utilities responded, or the 25 respondents, 22 have formed
advisory councils to seek advice, discuss issues. and resolve problems,
! Denver Water Departmen~ Denver, Colo,
I Memphis Ught, Gas and Water, Memphis, Tenn,
implementing the plan and then seeking
public acceptance. the utility asked the
community to participate from the begin.
ning; the conservation plan was jointly
developed, The tone of Aurora's re-
sponse makes it evident the utility is com.
fortable with the plan and confident
about implementing it, because forming
the plan was a cooperative effort.
Public partlclpallon and volunleerism In.
crease. The Carrollwood Division in Flor.
ida Cities Water Company formed an ad.
visory council that conducted a water.use
survey, established conservation poli.
cies, developed a comprehensive water
management plan. created incentives for
those who conserve and penalties for
those who fail to conserve. established a
conservation fund, initiated a xeriscape
project, advocated an inverted rate de-
sign. negotiated a revised rate schedule
with the company, and supported the rate
case before the county commissioners,
How could any water utility hope to ac.
complish all these goals without solicit.
ing public involvement from the begin.
ning?
Understanding of mutual needs and bene.
fits Increases, A public angered over a
proposal by the Los Angeies Department
of Water and Power to cover a reservoir
and construct filtration plants is now in-
volved in a process leading toward agree-
ment on conceptual design for a reser-
voir replacement facility. Process
participants are planning to establish a
master plan for a reservoir complex, initio
ate environmental documentation, and
mutually choose a consultant to prepare
the preliminary design of a water treat-
ment plant for a large reservoir.
Support broadens for ullllty's goals and
obJectives. Several respondents stated
that by involving the public in the plan.
ning process early, the utilities obtained
60 MANAGEMENT AND OPERATIONS
o
exactly what they wanted. Participants
attributed their success to early plan.
ning, working hard to keep the group
involved, and frequently updating the
group about the project.
Many public involvement efforts are
underfunded and are considered easy
"PR efforts,' This, of course, is not the
case, Public involvement is usually a dif.
ficult process that requires much time
A correlation was
noted between the
seriousness of the
issue (often dictated
by the amount of
money at risk) and
, the formality and
structure of the
group.
and commitment on the part of the utility.
Often the process requires assignment of
a full.time person to organize the advi-
sory council, prepare and facilitate each
advisory council meeting, and follow up
on issues raised at meetings.
Philadelphia Waler Departmenl
Is council member
The Philadelphia Water Department is
a charter member of a standing commu.
nity advisory council that was formed by
a chemical company in 1989. One of the
department's wastewater plants is 10'
cated in an old Philadelphia neighbor.
hood where chemical companies and
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olher industrial firms conduct business,
The group, called the Bridesburg Com.
munity Advisory Council (CAC), acts as
a conduit for information 10 Ihe commu.
nity and makes recommendations to its
industrial and governmental members
and neighbors,
The 22.member council has been an
excellent vehicle for opening the door to
two.way communication between the
Philadelphia Water Department and
community groups. It is a community
sounding board for controversial proj.
ects at the department's wastewater
plant. Within the last three years, the
water department has presented three
projects-a cogeneration facility and two
incinerators-to the Bridesburg CAC be-
fore going to the larger community, The
cogeneration facility is built and operat.
ing; one incinerator is in the process of
getting a state permit, and the second has
been discussed at an informal public
hearing and now awaits a decision by the
state to hold a second formal hearing.
CAC members other than the water
department and the chemical companies
are the city's enforcer of air regulations;
representatives of the fire department,
senior citizens' organizations, local small
businesses, a weekly newspaper, and
health care associations; and a student
and the principal from the local high
school. Its impartial facilitator is the for.
mer president of the New Jersey League
of Women Voters, The facilitator's role is
to be a neutral servant to the group, focus
the energy of the group on a common
task that it may be pursuing. suggest a~
ternative methods and procedures for
problem.solving, protect individuals and
their ideas from attack, encourage memo
bers to participate, help the group find
win-win solutions, and coordinate pre-
and postmeeting logistics.
Over the years the Bridesburg CAC
has involved itself in a variety of pro.
jects such as developing emergency
evacuation plans, sponsoring open
houses. providing information on fed.
erallaws regulating the handling and
disposal of hazardous waste, meeting
with other advisory councils to discuss
their respective organizations, touring
the chemical companies and the waste.
water plant, and meeting with health
experts about air quality and toxic sub.
stances in the community. Currently
the group is reviewing the results of a
community air.monitoring project and
assisting in the development of a docu-
mentary video on the project.
The council meets every five weeks for
a maximum of two hours. A detailed
agenda is approved by the group. and
minutes of the meeting are kept. The
community has had myriad environ.
mental problems over the years, and the
Bridesburg CAC is a consistent and reo
sponsive forum to which members can
bring their neighborhood's issues.
JOURNAL AWWA
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The final question on the A WW A sur-
vey asked respondents to offer their col.
leagues advice about the do's and don'ts
of forming an advisory council. These
were among the responses.
. Be open and honest.
. Define goals and objectives at the
beginning of the process,
. [[ an advisory council does not have
decision-making power. make that clear
at its formation.
. Establish a time frame,
. Make sure the council represents
the customers it selVes.
. Invite opponents to join the group.
. Include all major points of view.
. Prepare an agenda.
. Provide adequate background infor-
mation about issues to be discussed.
. Provide a suitable working environ.
ment for the council.
. Don't be afraid of criticism. As one
respondent obselVed, "Griping is an in-
Seek professional
helP if an issue is
extremely
controversial or if the
utility is not
comfortable
coordinating the
group.
itial reaction, and everyone gets down to
business after that.'
. Acknowledge contributions made
by participants.
. Don't try to manipulate the memo
bers,
. Follow through on suggestions
made by the members of the group,
. Seek professional help if an issue is
extremely controversial or if the utility is
not comfortable coordinating the group,
. Compromise and build consensus.
One utility went so far as to say "forego
the creation of an advisory council if the
utility will not compromise."
. Expect the process to take longer
than anticipated.
One utility recommended limiting the
number of members: another warned
against including adversaries; a third
said an advisory council should only ad.
vise, not be part of the utility's decision.
making process,
Some respondents wrote at greater
length about unresolved issues having
to do with public participation in a util.
ity's decision.making pro<;ess, Their
thoughts are summarized iu the follow.
iug paragraphs,
NOV1\~IRF.R I!J!I:I
. How big can an advisory council be
and still be effective? The Philadelphia
Water Department belongs to an advi.
sory council with 22 members-a man-
ageable size, It allows for a great deal of'
diversity, yet it is not unwieldy, All par-
ticipants have the opportunity to share
their ideas and opinions, If a utility is
more comfortable with a small council, it
may decide to develop individual commit.
tees to address specific issues, A council
that has subcommittees works well, es.
pecially when community members are
quite interested in one issue. like conser-
vation. but not very interested in another.
like rates. Members are able to concen-
trate their energies. Also. subcommit.
tees enable more people to participate in
the council's activities.
· Some councils advise: others playa
vital role in a utility's decision.making,
What are the merits, pitfalls, and ramifi-
cations of forming an advisory group
rather than a decision. making group? If
the utility prefers to be cautious, it should
start with a group that advises about a
relatively noncontroversial issue. As the
group learns more about the utility, it will
be better equipped to participate in deci.
sion.making, At the same time. the utility
will probably feel more comfortable with
and confident about the council and will
encourage members to tackle more sig-
nificant issues. Eventually, the advisory
council and the utility may make deci-
sions jointly. Advisory councils can pro.
duce extremely sophisticated consum-
ers. wise decision.makers, and more
oiten than not advocates of the utility's
effort to be open and honest.
, How does a utility decide that a spe.
citic circumstance warrants the forma.
tion of an advisory council? This question
was asked by utilities that had not partici-
pated in an advisory council or were in-
terested in forming one. The best way for
a water utility to decide whether to seek
the public's advice is to review the results
oi other advisolV councils and talk to
managers who have been instrumental in
forming groups, The overriding reo
sponse by the sUlVey's 22 utilities that
have formed councils is success,
. Generally, the chemical industry
and electric companies have more expe.
rience with advisory councils than water
utilities do. Consulting a more experi.
enced organization or joining an existing
council may be helpful. A number of
books about public involvement include
information about advisory councils as
well. These resources will better enable
utilities to assess issues and problems
and to judge whether the external input
of an advisory group might help the com.
munity and utility resolve the issues
more productively.
. Who selVes on an advisory council?
The sUlVey resulls showed a difference
of opinion about who to enlist as advisors.
Does it make sense to include only
r~'
,
,
friends and staunch supporters? Commu-
nication proiessionals agree without ex-
ception that adversaries as well as sup.
porters should be included. This is
because adversaries, if they are willing to
participate. keep the group honest and
believable. They also help the utility pre-
pare better and sooner for questions
from the media, public officials, regula-
tors. and a skeptical public, [[ adversaries
are left out of the advisory council, their
concerns will have to be dealt with in
another forum. so they might as well be
included from the beginning.
. Should a utility have control over a
council? The best advisory councils-
those that conduct the most productive
negotiations-consider and respect ev-
eryone's opinions and make decisions by
consensus, The "leader" is an impartial
facilitator. A good image to keep in mind
is King Arthur's round table.
Conclusion
This sUlVey has supplied A WW A's
Public Information Committee with more
information about how water utility man-
agers are developing public participation
in decision-making, It has indicated who
is using the advisory council structure to
communicate with community leaders in
an open, meaningful dialogue. It also pro-
vides utility managers with information
about the purpose and structure of advi-
SOIV councils,
There are no absolute rules on how to
form an advisory councilor on the direc-
tion the council should take after its crea.
tion. Each council reflects its individual
members. the collective thinking of the
group, and the issues being examined.
The more tlexible and open the utility is
about involving the public, the easier the
beginning of the process will be, reduc.
ing animosity and antagonism and build-
ing bridges for communication.
About the author:
Joan Becker is general
manager of tire Public
Affairs Division, wlriclr
sire establislred, for tire
Plriladelplria Water
Department, 1101
, ), Market St., Plriladel-
':~r , plria, P.4 19107. Our.
ing Irer lO.year career in Plriladelplria, sire
has instituted lire princiPles of consensus-
building and public participation in deci-
sion-making for lire utility. Becker is a
graduate of Moore College of Art in Plrila-
delphia, VI/der Irer direction, tire Plriladel-
pl/ia Water Department won A WlVA S 1990
Camel Awardfor tire best community rela.
tions campaigll in water conservation.
Becker is a member of AWWA, lire Associa-
tion of Metropolilan Sewage Agencies, and
tile Saliona/ Association of Professional En-
vironmental Communications and Iras
served on a community.based advisory
council for two years,
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JOAN BECKER 61
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CITY OF IOWA CITY
PRESS RELEASE
FOR IMMEDIATE RELEASE
Contact: Steven Nasby
Associate Planner
(319) 356-5248 '
February 4, 1994
REQUEST FOR PROPOSALS - MANUFACTURED HOUSING PARK
The City of Iowa City is requesting proposals for the development of a Manufactured Housing
Park. The City wishes to participate in a public-private partnership to develop a 160-240 lot
Manufactured Housing Park.
The goals of this project are twofold; to increase the number of Manufactured Housing lots
affordable to low and moderate income individuals and to provide an opportunity for residents
to relocate out of the flood plain. In order to develop a Manufactured Housing Park and make
it affordable, the City is proposing to participate financially to help support private sector
development.
Request for proposals are available from the City of Iowa City Planning and Community
Development Department, 410 East Washington Street, Iowa City, Iowa 52240. Requests
for proposals may also be made by calling Steven Nasby, Associate Planner at 356-5248,
The deadline for proposals to be completed and returned to the City of Iowa City is March 1,
1994.
410 EAST WASHINOTON STREET' IOWA CITY. IOWA IlllO.llli' (J191 116.1000. FAX (J19) 116.1009
4ql
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Frol: JO HOGARTY
2-2-94 9:86am p. 2 of 3
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_ \ IOWA:>
BOARD OF SUPERVISORS
," i Stephen p, Lacina. Chairperson
Joe Bolkcom
Charles D . Duffy
Patricia A. Meade
February 3, 1994
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2.
Action re: claims
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Action re: informal minutes of January 25th recessed to January 26th, January
27th and January 31st and the formal minutes of January 27th, Action of the
January 24th minutes of the joint public hearing on proposed Johnson
CountylIowa City Fringe Area Agreement.
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4. Action re:
payroll authorizations
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5. Business from the County Auditor.
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a) Action re: permits
b) Action re: reports
1. Clerk's December monthly report,
2. Treasurer's semi-annual report,
c) Other
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6. Business from the County AUomey,
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a) Executive Session to discuss collective bargaining slrategy/all four units.
b) Report re: other items.
7. Business from the Board of Supervisors.
913 SOUTH DUBUQUE sr.
P.O. BOX 1350 IOWA CITY. IOWA 52244-1350
TEL: (319) 356-6000
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FAJC:(319)~6086
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To: IOWA CITY CLERK
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2-2-94 9:66am p. 3 of 3
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a)
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Inquiries and reports from the public,' ,
Reports and inquires from the members of the Board of Supervisors,
Other
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Agenda 2-3-94
Pag e 2
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a) Action re: County Application for Substance Abuse' Funding.
b) Action re: proposed sale of 524 R.onalds Street property by Youth Homes,
Inc,
c) Discussion/action re: appointment to the Johnson County/Iowa City
Airport Zoning Board of Adjustment.
d) Other
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8" Adjourn to informal meeting.
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9, Adjournment.
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City of Iowa City
MEMORANDUM
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Date: February 2, 1994
To: City Council ,',
From: City Manager
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Re: Congregate Meals
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The Senior Center Commission and an appointed negotiating team has met with some frustration
in attempting to resolve a new Congregate Meals contract with Johnson County and their Nutrition
Board. They have asked for my involvement, and I have agreed to assist them. A letter has
been directed to the Chair of the County Board, as well as the earlier correspondence requesting
initiation of negotiations. We will hopefully secure representatives from the County and the Senior
Center team, along with Bette and me, to work on an amended agreement.
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If you have any questions, please let me know.
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~UEST EDITORIAL
The editor's page
Environmental intelligence
and regulations
By R, Rajagopal
Nowadays, it is fashionable to be socially conscious
and worry about environmental mallers, Worrying. it
seems. is a national pastime, This week it is radon in
our basements; last week it was lead action levels; and
the week before that it was copper rule violations. We
are being subjected to "chemical of the week syn-
drome. "
To respond intelligently to such problems. we need a
collection of cooler, calculating, and thinking heads
who understand how to place problems into perspective
and also understand the importance of order and inter-
pretation in the process or posing questions, This can be
illustrated by the following story: A young person was
tutored in the art of proper etiquelle when making small
talk with the tradition-bound aristocracy of the king-
dom, The youngster meets a middle-aged royal matron
one day and gets into the business of smalllalk: "How
is the kingdom?" "Did il rain a lot in the eastern ranges
last week?" "How many children have you borne?"-Io
which the royal answers "Three." "Are you married?"
The royal shouts, "Guard, guard. throw this rapscallion
in the dungeon!" The poor youngster decided thaI the
order of questioning must have gone wrong. Luckily. at
a later dale, he gets a chance to meet another royal.
Making small talk again, the youngster asks: "Are you
married?"-to which the royal answers "No." "How
many children have you borne?" Again, "Guard, guard.
throw this disrespectful knave OUI of my sight!"
IThis is not unlike the business of implementing fed-
erallegislalion, Ours is a highly munilored society. We
spend billions of dollars each year monitoring and
measuring our air, waler, soil. health. aod lhe producliv.
ity of anythiog and everylhing Ihat moves, BUI our In.
Or RIIJ/lJ.:fI/'fI/ 1,\ /lm(I',\,\lI(, nt'/Jllllml'''' II{ G"IIJ,:ftlldll'/IIul ('jW/III/I/
flll''''lIIm~l/Itll t:1I,I:IIItn/llR, Thr lJ"lI't'fJ"Il.\' a{llJlI'u. Imvtl City, 1mi'll.
USA
6 : DECEMBER 1992
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Figure 1 Number of public water systems and popula/ion
served, by size category. Data source: Office of Ground Water
and Drinking Water, U.S, EPA (1992),
stitutions need reminders to invest sufficient resources
so as to interpret and use the monitored information be.
fore proceeding with forther efforts.
Congress passed the Safe Drinking Water Act
(SDWA) in 1974 to ensure that our population is sup-
plied with good-quality drinking water. The Act covers
58,750 community drinking waler supplies that serve
over 230 million Americans. Most are small supplies
serving as few as 25 people and very few are large ones
thai serve over a million, As shown in Figure J, 51,168
small supplies (those that serve less than 3.300 people
each) provide water to aboul 25.4 million people.
whereas the remaining 7,579 large supplies serve 207
million people, About 11,300 supplies that draw waler
from sorface sources such as streams. rivers. and lakes,
serve 151 million people. whereas abool47.500 sup-
plies Ihal draw water from below the ground serve a iii.
tie over 81 million people,
To put our worries 10 reSI, Congress aUlhorized the
U,S, EPA 10 sei drinking water standards for a large
number of eonsliluents that have Ihe potenlialto harm
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EDITOR'S PAGE c""'lOlIed
our heallh, They slarled Ihis process of selling slandards
in 1974 wilh less than Iwo dozen conslilueOls, The V,S,
EPA has now published standards for 84 conslituenls
with more on Ihe way, The law also requires each of the
58,750 communily drinking waler syslems 10 monilor
for Ihe 84 contaminants periodically. and to repon vio.
lations of any standard to the V,S, EPA as well as local
consumers of the water supply,
Based on the SDWA data collected over 18 years and
related ambient data collected by the V,S. Geological
Survey over the last 50 years. we should be able to say
something about the hydrogeological slatus of these
water supplies. Now, by funher supplementing addi.
tional information on their locale (geography, hydrol.
ogy. geology. land use, proximity to waste siles. and so
on), we should be able to say a lot more about the qual.
ity of water of these supplies, if only we cared 10 look
and study Ihe data that have been collected thus far,
Only a few contaminants. less than four or five. are usu.
ally of some concern at most of the supplies, The occur.
rence of such contaminants in almost all cases can be
explained in the context of the locale,
There are fiv~ million ~ompounds known to human
beings, We should not attempt to monitor for all of them
in our 58,750 community water supplies, Obviously, we
will go bankrupt in no time, The only business in Amer.
ica would be that of running govemmeOl.cenified en.
vironmentallaboratories. It would not even be cost.
effective to monitor for the 65.000 or so compounds
Ihat have been registered with the government. Again, it
would be too expensive,
IThe curreOl SDWA regulation. as il is wrillen. will reo
quire the 58.750 supplies to eventually monitor for the
300+ compounds known to cause cancer or other ill.
nesses in laboratory animals. This plan will go iOlo ef.
fect in stages. by the addilion of 25 compounds to the
lisl every Ihree years, The regulation, however. does not
actively promote the use of information about Ihe 10.
cales, Is it too difficult for a massive bureaucracy. in a
highly litigious society, to deal with 58.750 different 10.
cales? It is difficullto deal with variances to the norm,
The message seems 10 be. "Don't confuse me wilh your
facts and figures. my mind is already made up," Ii docs
nOI mailer whether a compound is used in your stale or
nOI. whelher your system draws waler from a lake or a
deep aquifer. whether you have a 50.fl or a 2000.fl
well. whelher your system supplies water to 25 or
200,000 people, what you found or did nol find in your
water in the past, and whal kind of land use is in your
neighborhood: jusl collectlhe dala and reporllhem as
required by the regulalions, The idea or using environ.
menial informalion cosl.effecllvely 10 IIllplel1lenl regll'
lallon has jusl nOI caughl on yel,
As Ihe SDWA amendmenls were abollllo he imple,
8 DECEMBER 1992
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menled, il was surprismg Ihal slale officials did IIIll
scream and point oUllhe lack of federalllse of all avail.
able local informatioo in Ihe implementation process,
For example, Washington Gov, Booth Gardner (D) said
the cost of implementing Ihe program in his slate would
be about $575 million, He said thai although lhe initial
reaction to "Ihe unbearable COSIS" is for states to surren.
der primacy. "from a selfish poinl of view, the states
would like to administer the program, We have the ca.
pability. we just don't have the funding," (DNA En!';,
ronmenl Reporter. 6/92),
To deal with this issue of funding for SDWA when
the nation is faced with a $4.1 trillion debt, a few sena-
tors and Congressmen were in a great rush to add a
flurry of amendments to the appropriations bill that au.
Ihorizes the U,S, EPA budget for FY91 These amend.
ments, in one way or another, allemptto cut costs by reo
ducing the number of toxic pollutants 10 be monitored
under the SDWA, As usual, in the almosphere of adver-
sarial politics. this has raised the ire of many environ-
mental groups such as the Friends of the Earth and the
Natural Resources Defense Council. They say that the
~~ahr of 2510 100 millio~ Amerk2ns m2Y be in jeop.
ardy from exposure to one or more of the hundreds of
toxic compounds, Therefore. they claim that it is inap.
propriate to reduce the number of toxic constituents to
be monitored onder the new SDWA regulations,
lit is much more than a problem of funding or protect-
ing public health, It is a way of organizing and using in.
formation intelligently, asking good queslions in the
right order, and developing thinking skills, We should
not blindly remove contaminanls from Ihe SDWA list to
reduce cost, nor should we add hundreds of contami.
nants 10 the list under the guise of protecling public
health, We should develop a monilOring stralegy based
on knowledge aboutlhe 58.750 locales, American labo.
ratories, government, industry. and environmental inter.
est groups could playa major role in this "intelligence
revolulion," Such a revolution will require Ihat we put
national interests ahead of pork. barrel politics, It will
require thal,we abandon the warped notion of treating
all locales equally (a~ opposed 10 equitably) in a lili.
gious environmeni. It will require Ihal we place Ihe con.
cepls of QA.QC and L1MS within the broader contexl
of environmental (geographic) intelligence, Thai. ill
lum. will require Ihat we incorporate the knowledge of
Ihe 58.750 locales in Ihe implementation of the SDWA,
If 3SSembly lines in lhe aUlomobile industry can manu.
faclurc and deliver over 20 million car~ per year 10 fil
individual cuslomer speciocalions. the V,S, EPA can do
Ihe same for 58.750 waler supplies, The dillabilses, ,\1.1'1'
ware, hardware, and scientific prni'c\sionab are here:
whallS needed is inslilutional vislUn, leadership, alld
cooperalion 10 accommodale chance,
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5 ~ecomll1.enda~ions
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AGENDA
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CITY COUNCil BUDGET DISCUSSION
February 10, 1994
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7:00 P,M.
CIVIC CENTER - COUNCil CHAMBERS
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Budget Discussion with Boards/Commissions:
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Board of Library Trustees
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Senior Center Commission
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Riverfront Commission
Airport Commission
Historic Preservation Commission (memo attached)
Other Commissions
Continuation of Budget Discussion
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410 E, Washlnllon 51,
Iowa Clly, Iowa 52240
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Iowa City Historic
Preservation
Commission
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February 3, 1994
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Mayor Susan Horowitz
and the Iowa City Council
Iowa City Civic Center
410 East Washington Street
Iowa City, IA 52240
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Re: FY 95-97 Budget Plan
Dear Mayor Horowitz and Members of the City Council:
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The current proposed budget includes $5,000.00 in the budget of
the Urban Planning Division for the Historic Preservation
Commission, This money is proposed to allow the Historic
Preservation Commission to continue implementation of the Iowa
City Historic Preservation Plan which was adopted in December,
1992, I am sending this note to you rather than take time from
your busy schedule at the February lOth budget session.
We ask that the City Council approve this budget item. It is
necessary to continue the work of the Historic Preservation
Commission and we trust the work of the Commission will be of
benefit to the entire community now and in future years.
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On behalf of,my fellow commissioners, I thank the city manager
and the City Council for its strong support for ?istoric
preservation measures. Please feel free to contact me at any
time with questipns or concerns you may have about the
Commission's work.
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Chair
DSR/wn
cc: Mr, Stephen Atkins
Mr. Bob Miklo
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City of Iowa City
MEMORANDUM
Date: February 4, 1994
To: Honorable Mayor Susan M. Horowitz and Members ,of the City Council
From: Linda Newman Gentry, City Attorney
Re: Legal Opinion Concerning Possible Preemption of Local Pesticide Regulations
Because of the timing and language in the recent Iowa legislation concerning pesticide use, I
submit this legal opinion to you, to clarify the many questions presented.
I. Issues
Since the state legislature passed Senate File 94, which attempts to preempt "all local
legislation" concerning pesticide applications, the following issues have been raised:
A. Will the City's proposed "private applicator" pesticide ordinance be preempted by state
law after July 1, 1994, when S.F. 94 becomes effective?
B. Will Iowa City's recently passed "commercial applicator" pesticide ordinance have any
vitality after the state's Senate File 94 becomes effective July 1, 1994?
C. Does federal law preempt either the "private applicator" or the "commercial applicator"
pesticide ordinances under FIFRA?
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II.
Summary of Conclusions
A.
Private Applicator Ordinance
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There is no doubt the preemptive reach of the Iowa Legislature's new law, known as Senate
File 94, intends to be broad indeed. But in my opinion, the bill falls far short of preempting the
City's proposed "private applicator" ordinance because state law cannot preempt an entire area
of activity the state does not itself regulate. This means after July 1, 1994 when S,F. 94
becomes effective, the City remains free to adopt local regulation of private applicator/
homeowner regulations concerning pesticide application.
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This is not to say, however, that the Legislature will not attempt to change this situation by
additional amendment, or even commencing a new bill - but such action seems unlikely. The
two Legislative chambers would have to be ready and willing to venture into the new area of
regulating private homeowner/landlord/tenant pesticide application. and to do so during this
1994 session. Ironically, if the Governor and Legislature wanted to protect farmers by
preemption, they mistakenly used an "elephant to kill an ant," since farms have always been
exempt from our proposed regulations.
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As for federal law, the "private applicator" ordinance is clearly not preempted by federal statute
or federal case law, see Wisconsin Public Intervenor v. Mortier, 111 S. Cl. 2476 (1991).
8, Commercial Applicator Ordinance
FIFRA, on its face, together with the 1991 U.S. Supreme Court of Wisconsin. does not preempt
the "commercial applicator" ordinance, standing alone. However, the State of Iowa may well
have successfully preempted Iowa City's "commercial applicator" ordinance in its entirety -
including size of signs, commercial applicator registry and the option to adopt a city pre-
notification registry for pest control programs. The ability of citizens to ask commercial
applicators to pre-notify them prior to spraying remains a viable option, since the City would not
be involved,
This is not to say that S.F. 94 is not subject to challenge as being inconsistent with other state
laws requiring and promoting cooperation with cities' for "proper notice to be given by a
commercial or public applicator" and setting "groundwater protection policies." I suggest your
decision to challenge S.F, 94 be made in executive session, and thus do' not make a
recommendation here,
Because of the length and complexity of this memo, I submit information on how to petition the
Agriculture Department to change its rules, by separate memo,
III. Background
The City first began the search into the question of whether the City could regulate commercial
application of pesticides within Iowa City when several incidents of mistaken application were
reported to the City Council during the summer of 1991. At approximately the same time, the
United States Supreme Court, which is the highest court in the land, ruled that the Federal
Insecticide, Fungicide and Rodenticide Act, or "FIFRA," did not preempt the town of Casey,
Wisconsin from regulating aerial spraying of pesticides, see Wisconsin, infra, However, the
U.S. Supreme Court left the question open as to whether Wisconsin state law preempted
Casey's ordinance,
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About the same time, Paul Papak, Professor of Law in the University of Iowa Law School Clinic,
suggested that, if in fact the City Council were truly interested in enacting more stringent
notification requirements for commercial applicators, the Clinic would be interested in
researching whether Iowa state law preempted such local regulation. After discussion with the
City Council and Professor Papak at a work session July 22, 1991, I forwarded a list to the
Clinic in a letter dated September 25, 1991, see attached. The questions posed to the Law
, School were whether the City could require the following: larger signs; a registry of lawn
applicators, lawn customers and/or businesses; advanced 24-hour notice; and neighbor
notification prior to spraying. On February 24, 1992, I received the Law School Clinic's opinion,
stating the City was not preempted from any regulations covering the City Council's original
questions, but also stating the City had no authority to ban pesticide use in Iowa City.
I then received formal confirmation from the City Council to work with the Law School Clinic,
and the Clinic began drafting several ordinances to govern commercial applicators. Through
several meetings, a group of City staff helped me "critique" and comment on revisions we
asked the Clinic to make.
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In June 1992, after considerable discussion with Professor Papak and interested citizens, the
City Council directed me to drafted a "private applicator" ordinance; but in a September or
October 1992 work session, the "private applicator" version was rejected by a majority of the
City Council. I was then asked to revise the "commercial applicator" ordinance; and after
several more revisions, the City Council voted down the "commercial applicator" ordinance in
January 1993.
More recently, I was asked to resurrect both private and commercial applicator versions.
Before I discuss the preemption questions, a general review of Iowa's "pesticide act" will be
helpful.
IV. The Pesticide Act of Iowa
"
The Iowa Legislature first drafted the "Pesticide Act of Iowa" in 1962-63, codified now as
Chapter 206, Code of Iowa (1993). Chapter 206 was patterned after the federal version,
namely FIFRA, This is as it should be, since FIFRA specifically calls out that the federal
government will work cooperatively with states and political subdivisions to regulate the sale
and distribution of restricted pesticides, and also work cooperatively to regulate certain pesticide
users such as commercial applicators, Wisconsin, at 2477.
Iowa's Pesticide Act also contemplates cooperation between federal, state and local
governments in two different sections of the Pesticide Act. Section 206.9, entitled "Cooperative
Agreements," provides:
''The secretary [of agriculture] may cooperate, receive grants-in-aid and enter
into agreements with any agency of the federal government, of this state or its
subdivisions,...lo do all of the following:
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Secure uniformity of regulations.
Co-operate in the enforcement of the federal pesticide control laws
through the use of state or federal personnel and facilities and to
implement cooperative enforcement programs.
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Regulate certified applicators.
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"May" is meant to be permissive, see State's rules of statutory construction, 94.1 (3D), Code of
Iowa (1993).
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Section 206.19 seems to require state cooperation:
"The department shall. by rule, after public hearing following due notice:
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adjoining properties In urban areas prior to or after the exterior
application of pesticides, establish a schedule to determine the periods
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of application least harmful to living beings, and adopt rules to implement
these provisions. Municipalities shall cooperate with the department by
reporting infractions and in implementing this subsection."
~206, 19, Code (emphasis added).
"Shall" imposes a duty under Iowa's statutory rules of construction, ~4.1 (30), Code of Iowa.
I
The state Groundwater Protection Act also contemplates cooperative action between the state
and local governments in a section entitled "Joint Duties -local authority."
"1. All state agencies shall consider groundwater protection policies in the
administration of their programs, Local agencies shall consider ground-
water protection policies in their programs.....
2. Political subdivisions are authorized and encouraged to implement
groundwater protection policies within their respective jurisdictions,
provided that implementation is at least as stringent but consistent
with the rules of the department."
~455E,10, Code of Iowa (1993) (emphasis added).
Although complex, the "Pesticide Act" can be summarized as follows:
10"
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1. The Secretary of Agriculture and the Iowa Department of Agriculture and Land
Stewardship ("department") are designated enforcers of the Pesticide Act.
2. Certification/licensing requirements,
All certified applicators, commercial applicators, certified private applicators and public
applicators must first pass a certification exam, given by the department. This certification
requirement is broken down into four categories:
a.
All "certified commercial applicators," defined as those who are in the business of using
pesticides on the property of another, Section 206.2(5), Code.
b. All "certified private applicators," defined as those who use restricted use pesticides
on their own property, or who apply the restricted use pesticides to the property of
another, but only do so without fee and based on trading of farm commodities, not
money, Section 206,2(6), Code. Tests for "commercial private applicator" are limited
to farm chemicals, Section 206.5(4), Code.
Restricted use pesticides are set forth by state rule - which simply incorporates federal
law by reference, see Section 206.20, Code; Rule 21-45.30(206), lAC. I have attached
a copy of the referenced federal regulations, for your information.
c,
A "commercial applicator," defined as one who enters into a contract with another to
apply pesticides, in return for money, but not including a person who applies pesticides
as custom farming or as a farm employee, Sections 206.2(9) and .6(3), Code.
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Commercial applicators must file a surety bond or liability insurance certificate with the
state, Section 206,13, Code.
d, "Public applicators" include all governmental agencies, including state, city, county and
school districts, together with all such entities' employees. "Public applicators" must be
certified regardless of whether they are using "restricted use" pesticides, Sections
206.6(6) and .2(24), Code.
e, Persons who do not hold themselves out as being in the business and who do not
apply restricted use pesticides do not have to be certified, Section 206.18(4), Code.
f.
Fanmers who treat their own farms are exempt from certification, Section 206.2(3),
Code.
3.' Definition of "pesticide" follows federal law, with slightly different language, see the
City's "commercial applicator" ordinance for the "state language" version (see the
"private applicator" ordinance for the "federal language" version).
4. Strict rules apply to pesticide dealers for the labeling, distribution and sale of pesticides.
The dealers must be licensed, and all pesticides must be registered, Section 206.8 and
.12, Code.
5. The inspection of property to determine whether pesticides have been used in violation
of Chapter 206 or in violation of department rules is to be made under the direction of
the Secretary of Agriculture, or representative, who must then give notice to the
offending party and may refer the matter to the county attorney where the violation
occurred, for prosecution, Section 206.3, Code.
This means that the State has the option to investigate violations and refer them to the
Johnson County Attorney's Office - but the State Agriculture Department has never, to
my knowledge, taken advantage of this option.
Termite/pesticide control is similarly regulated for structural application (meaning to
buildings) but only for commercial and public applicators, Section 206.31, Code.
6,
7.
The only reference to "household" in all of Chapter 206, together with its regulations,
is an obligation for dealers to keep records and make reports on household
hazardous substances, Section 206.12, Code,
8,
The only reference to "homeowner" or "tenant" is in Rule 21-45,50(206), lAC, which
reads as follows:
"21-45,50(206) Notification requirements for urban pesticide applications.
All commercial or public applicators who apply pesticides within urban areas in
municipalities shall post or affix notification signs at the start of the application
and for at least 24 hours following the application or longer if required by the
reentry directions on the pesticide label(s), The requirements of this rule shall
not apply to the application of pesticides within a structure or within six feet of
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6
the outside perimeter of a structure and to pesticide applications made by the
homeowner or tenant to their property."
9, Reports of significant accidents or incidents must be reported to the appropriate state
agency (usually DNR), as provided by state rule, Section 206,14, Code.
10. Any person claiming damage from pesticide application must first file a report to the
Secretary of Agriculture within sixty (60) days of the damage. The Department may
suspend, deny or revoke an applicator's certificationJlicense, based on such complaint
if founded, Section 206.14, Code. This section is most frequently used by farmers.
11. A city may maintain a pre-notification registry in lieu of pre-notification signs for pest or
mosquito control as a "public health program" under subrule 45.50(5), Rule 21-45.50(7),
lAC, Rule 45,50(7) on "Pre-notification registry" is somewhat ambiguous, but seems to
apply only to mosquitoes or other public 'health program applications, not all
pesticides. I should point out here that the Law School Clinic's reading of this rule to
apply to all pesticide applications varies from my reading herein.
12. Citizens may request commercial or public applicators to receive prior notification of
pesticide application by contacting the applicator and providing the citizen's name,
address and telephone number, Rule 45.50(7)(c)-(d), lAC.
13. Restricted use pesticides are set forth by state rule - which simply incorporates federal
law by reference, see Section 206.20, Code; Rule 21-45.30(206), lAC. I have attached
a copy of the referenced federal regulations, for your information.
14. Signs must be posted by public and commercial applicators for schools, parks, golf
courses, playgrounds, athletic fields and public rights-of-way, Rules 21-45.50, .50(1 )-(6),
lAC.
In sum, in reviewing thirty-some sections of the state statute, namely Sections 206.1-33, Code
of Iowa, together with dozens of pages of administrative rules, I found only one mention of the
word "homeowner" as it related to pesticide application in one paragraph in a rule, as noted
above. Since a rule cannot expand the reach of Chapter 206 and since Chapter 206 does not
attempt to regulate the homeowner, it is my opinion the reach of this rule first quoted in ~8
does not change my analysis.
In conclusion, when we read the statute and rules together, it is clear state regulation prior to
Senate File 94 governed onlv commercial and public applicators, and In fact specifically
exempts private applicators or homeowners:
"1. The penalties ... shall not apply to:
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4. ...persons using hand-powered or self-propelled equipment not exceeding seven and
one-half horsepower...to apply pesticides to lawns, or to ornamental shrubs and trees
not in excess of twelve feet high, as an incidental part of taking care of household lawns
and yards provided, that such persons shall not publicly hold themselves out as being
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in the business of applying pesticides, and that such persons do not apply restricted
use pesticides or state restricted use pesticides, restricted to use only by certified
applicators,"
9206,18(4), Code (emphasis added).
There are no Iowa cases interpreting Iowa's Pesticide Act. Without Iowa case law, we must
now look to other basic legal principles, including statutory construction, preemption, home rule
and federal law, Before discussing these legal principles, a closer look at the legislative history
of the Pesticide Act and Senate File 94 is appropriate,
V. State Legislative History/Pesticides
Prior Attempts to Preempt Iowa City: 1992 and 1993 Sessions
After the City Council for the City of Iowa City made it clear in the fall of 1991 they were serious
about pursuing local regulation of commercial applicators, the House Energy and Environmental
Protection Committee sent an amendment of the Pesticide Act to the Iowa House for passage,
and placed H,F. 2093 on the House calendar 1/27/92, see attached, If passed, this bill would
have preempted local regulation of private application of pesticides by homeowners, because
the bill specifically called out that "private application of pesticides in urban areas" required
pesticide dealers to provide pre-notification signs to homeowners and tenants upon
purchase, and defined "purchaser" to include "homeowners or tenants for application [of
pesticides] to the person's own property or tenancy," see H,F. 2093, p,1. A "purchaser" also
, would have been required to post signs immediately following the application of pesticides, and
the Department of Natural Resources was directed to adopt rules dealing with, for example,
specifications for signs such as weather-resistant material, and containing a universal warning
symbol, H,F. 2093,
This House bill was debated, sent back to the Environmental Committee, and died in
Committee during the 1992 General Assembly session. It seems clear that with considerable
specificity as to private applicators, including sign and notification requirements, passage of
H.F. 2093 may well have left little, if any, room for local regulation because the state law would
have been so comprehensive as to have "filled the field," City of Council Bluffs v, Cain. 352
N,w'2d 810, 812 (1983), However, this House bill was not passed, and the "field of pesticide
application" remains limited to three or four categories described above in Section IV. namely
public applicators, commercial applicators, certified private applicators of "restricted" use
pesticides, and certified commercial applicators,
Thereafter, S,F. 94 was filed February 1993 and passed by the Iowa Senate during March or
April of 1993, see attached. The House passed an amendment to S.F. 94 on April 23, 1993,
which would have banned "county legislation" under both the fertilizer (Chapter 200) and
pesticide regulations (Chapter 206), see attached. The Senate refused to concur with this
House amendment during the 1993 Session, so S.F. 94 remained on the books as "unfinished
business," and carried over into the 1994 Session.
At the beginning of the 1994 legislative session, S,F, 94 was placed on the House calendar as
unfinished business, was "rushed to judgment," and passed by the House January 19, 1994,
to become effective July 1, 1994. The Governor has now signed the bill, but I do not yet have
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an "enrolled bill" which is the official version of the adopted legislation, I expect the enrolled
bill to arrive within the next few weeks.
S,F, 94 passed Januarv 19. 1994
As previously indicated to you via separate memos, S,F. 94, on its face appears to do what the
Iowa Legislature intended - to preempt Iowa City from "any and all local regulation of the use
of pesticides." The applicable language reads:
"Section 2. NEW SECTION, 206.34 LOCAL LEGISLATION - PROHIBITION.
2.
The provisions of this chapter and rules adopted by the department
pursuant to this chapter shall preempt local legislation adopted by a local
governmental entity relating to the use, sale, distribution, storage,
transportation, disposal, formulation, labeling, registration, ormanufacture
of a pesticide. A local governmental entity shall not adopt or continue in
effect local legislation relating to the use, sale, distribution, storage,
transportation, disposal, formulation, labeling, registration, ormanufacture
of a pesticide, regardless of whether a statute or rule adopted by the
department applies to preempt the local legislation, Locallegislation
in violation of this section is void and unenforceable."
CD
S.F. 94, page 2 (emphasis added).
While the bill is titled "an act relating to fertilizers or soil conditioners and pesticides by
prohibiting regulations by local governmental entities," titles do not have the force and effect
of law and are thus not controlling.
It does not require a lawyer to tell you, however, that this highlighted "tag on" or "catch all"
phrase appears, at first blush, to sweep all local "pesticide use" regulation under the umbrella
of S.F. 94's "preemptive language." That is, this last phrase says that even if a specific state
statute or state rule is silent on a local issue, then S.F. 94 nonetheless preempts the local
regulation, However, such an attempted "reach" of S.F. 94 fails under well-established
principles of statutory construction, and the substantive laws of preemption and home rule.
Before proceeding to a more detailed legal analysis, I want to discuss the language borrowed
from a Minnesota court case - which seems to have been the model for S,F. 94's language.
VI. The Minnesota Example
While researching cases on preemption of pesticides from nearby states, I came across a
Minnesota decision that was the likely "model" for S.F. 94, Minnesota Aaricultural Aircraft v.
Mantrap Township. 498 N.W.2d 40 (Minn. App. 1993). The Minnesota court takes a much
broader view of state preemption, and a correlatively narrower view of home rule than does the
Iowa Supreme Court.
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In the Minnesota case, the township's ordinance required a permit for all aerial spraying of
pesticides. In a challenge filed by a large aerial aircraft company sprayer, the Minnesota court
found that
"...the provisions of this [state] chapter preempt ordinances by local governments
that prohibit or regulate any matter relating to the regulation, labeling, distribu-
tion, sale, hauling, use, application, or disposal of pesticides."
Minnesota Aaricultural Aircraft, at 42.
The Minnesota case is easily distinguishable and thus not controlling to answer the questions
before Iowa City now, namely whether S.F. 94's broad language preempts local "privatel
homeowner application" regulations, For one thing, this case is based on Minnesota law, not
Iowa law. More importantly, the Minnesota legislature was preempting the same conduct or
activity which the state already requlated. namely, the same aerial spraying and licensing of'
such spraying,
Thus it appears that since Minnesota law already regulated the permitting or licensing of such
aircraft spraying, the Minnesota court's result was unsurprising - but is not supportive of the
Legislature's effort to preempt Iowa City via S.F. 94,
VII. Legal Analysis of S.F, 94
A. Statutory construction and preemption
Basic rules of statutory construction, or in lay terms 'how to read statutes and ordinances so
they make sense as a cohesive body of law,' are well established under Iowa law, and are
indeed the same as those articulated in the U.S. Supreme Court Wisconsin decision discussed
below. These rules of statLltory construction are fairly straightforward.
, '
For example, where a statute is "plain and its meaning clear," the courts do not search for its
meaning beyond the language, American Asbestos v. Eastern Iowa Communitv Colleqe. 463
N.W.2d 56, 58 (Iowa 1990). Words are given their ordinary meaning, absent definition by the
legislature or absent terms which are deemed a "term of art" otherwise recognized by the law,
JsL
If a statute is ambiguous, the Iowa Supreme Court applies recognized principles of statutory
construction:
"We seek a reasonable interpretation that will best effect the purpose of the
statute and avoid an absurd result. We consider all portions of the statute
together, without attributing undue importance to any single or isolated portion.
When more than one statute is pertinent to the inquiry, we consider the statutes
together in an attempt to harmonize them. [Cite omitted]"
j!, at 58.
Additionally, when a court searches for "legislative intent," the courts avoid reaching results
which would lead to impractical or illogical consequences, Olsen v. Jones, 209 N.w.2d 64
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(Iowa 1973). The courts also avoid literal constructions that would lead to absurdity or manifest
injustice or oppression, Lamb v, Kroeoer, 233 Iowa 730, 8 N.W.2d 405 (1943), Finally, courts
will disregard the literal meaning of words of a statute if that meaning is clearly opposed to a
rule of reason, In re Licenses for Sale of Used Motor Vehicles. 179 N, W.2d 609 (Iowa 1920),
reversed on other grounds 183 NW.2d 440.
When we apply these basic rules to S.F. 94 in order to see whether that new legislation can
be read to preempt Iowa City's proposed "private applicator ordinance, such a reading
immediately fails the "rule of reason" test because such a reading is contrary to the
substantive law of preemption as decided by the state and federal courts, and also by the
Attorney General.
Substantive Law of Preemption
This siJbstantive rule of preemption is as follows: A state cannot preempt an area of regulation
or conduct which the state itself does not address or regulate, see gjh, Attorney General's
Opinion 1-1-92, Benton to Don Shoultz, State Representative, to January 1992. In this Attorney
General's opinion, the question presented was whether state or federal law preempted local
regulations of pesticide application. Because the Attorney General's Office did not have a
specific local rule before it, the opinion was largely advisory, Nonetheless, the Attorney
General did conclude that local regulation in areas not addressed by the statutory scheme
would not be preempted under state law:
"...Iocal regulation in areas not addressed by the statutory scheme set forth in
chapter 206 could be appropriate."
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A.G. Opinion, #1-1-92, p. 6.
The Attorney General went on to say:
"We do not believe that this conclusion [that federal law preempts local regulation]
precludes all regulation of pesticide use in Iowa by local governments. While
registration, licensing and certification may be preempted, this does not suggest
that ordinances governing other aspects of pesticide use enacted by local governments
pursuant to their home rule powers would be prohibited."
A.G, Opinion, #92-1-1, p. 5.
So also, in 1991, the United States Supreme Court in the Wisconsin decision specifically
rejected the notion that a state can preempt a subject matter not regulated by the state:
"FIFRA nonetheless leaves substantial portions of the field vacant, including
the area at issue in this case [preemption of local regulation of aerial spraying].
FIFRA addresses numerous aspects of pesticide control in considerable detail,
in particular: registration and classification, 9136a; applicator certification,
9136b; inspection of pesticide production facilities, 99136e and 136g; and the
possible ban and seizure of pesticides that are misbranded or otherwise fail to '
meet federal requirements, 9136k, These provisions reflect the general goal of
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the 1972 amendments to strengthen existing labeling requirements and ensure
that these requirements were followed in practice."
Wisconsin. at 2486 (emphasis added).
The United States Supreme Court in Wisconsin concludes:
"As we have also made plain, local use permit regulations - unlike labeling or
certification - do not fall within an area that FIFRA's 'program' pre-empts or
, even plainly addresses. There is no indication that any coordination which the
statute seeks to promote extends beyond the matters with which it deals, or
does so strongly enough to compel the conclusion that an independently enacted
ordinance that falls outside the statute's reach frustrates its purpose."
Wisconsin. at 2487 (emphasis added).
Finally, the highest court in the land finds that the comprehensive nature of FIFRA is not
intended to deal with local regulations, for such would be well beyond the scope of the FIFRA
legislation:
"FIFRA nowhere seeks to establish an affirmative permit scheme for the actual use of
pesticides. It certainly does not equate registration and labeling requirements with a
general approval to apply pesticides throughout the Nation without regard to regional
and local factors like climate, population, geography, and water supply. Whatever
else FIFRA may supplant, it does not occupy the field of pesticide regulation in
general or the area of local use permitting in particular."
Wisconsin. at 2486 (emphasis added).
Thus, the U.S. Supreme Court made it clear several years ago that FIFRA was not intended
to supplant the entire field of pesticide use, especially where local climate, water and
geography may need to be considered, lQ.
Finally, while the Iowa Supreme Court has not ruled on the preemptive reach of FIFRA's state
counterpart, namely the Pesticide Act, nonetheless the Iowa Court agrees with the U.S.
Supreme Court in delineating preemption versus home rule powers:
"It is a well established principle that municipal governments may not undertake to
legislate those matters which the legislative branch of state government has preserved
to itself,"
City of Council Bluffs, 342 N.W.2d 810, 812 (Iowa '1983) (emphasis added).
Leoislative Intent
Since there remains some ambiguity as to the "reach" of S.F. 94, we must now look to the
specific language of S.F. 94, together with other state law to glean "legislative intent." One way
to do so is to look at deletions of language in earlier drafts of pesticide or groundwater
regulations. In this case, H.F. 2093, filed 1/92, dealt explicitly with the "private application of
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pesticides in urban areas" and to "homeowners or tenant's ... application to the person's own
property or tenancy." While this language was not deleted from S.F. 94 as such, nonetheless
one cannot conclude that the Legislature was unmindful of a truly far-reaching legislation, and
that the House was unmindful of its earlier rejection, Having rejected such specific language
dealing with "homeowners or tenants," the House has indicated an intent not to regulate
private/homeowner pesticide application by their ultimately concurring with the Senate in S.F.
94, 'n such cases of legislative deletions, the Iowa Supreme Court has found that such
deletions cannot be read back into the statute through interpretation, Chelsea Theater
Corporation v, City of Burlinoton. 258 N.W.2d 372, 374 (Iowa 1977) (language deleted from bill
to amend obscenity statute revealed intent to exclude the deleted subject matter, so language
could not be read back into statute).
In applying this law to the case before us, it is my opinion that trying to read "private
homeowners and tenants" back into S.F. 94 and Chapter 206 would be in violation of Iowa's
"rule of reason" and rules of "legislative intent." Moreover and as a practical matter, the State
Department of Agriculture has never attempted to regulate private homeowners. Thus, to read
S.F. 94 to apply to "private homeowners" would lead to an illogical and impractical result - and
a result likely rejected by an Iowa court, Olsen v, Jones. supra.
Finally, if a court were to try to give effect to S.F. 94 by preempting all local regulation of
pesticides, whether included in the Pesticide Act or not, such a reading would be inconsistent
with the "compulsory cooperative agreement" requirement of Section 206.19, Code, and would
render such "cooperative" language ineffective, without force and effect and mere "surplusage."
This result is also rejected by the Iowa Supreme Court, as well as the U.S. Supreme Court, see
State v. Luppes, 358 N.W.2d 322 (Iowa App. 1984); Wisconsin. at 2486,
In conclusion, applying both the substantive rules of preemption" as well as the rules of
statutory construction, S.F. 94 cannot reasonably be read to preempt "private applicator"
ordinances, as Iowa City's version now reads. The question now is whether a closer look at
Iowa's "home rule" laws change this analysis.
B. Home rule powers
In 1968 the Iowa Constitution was amended to give cities broad home rule powers:
"Municipal corporations are granted home rule power and authority not inconsistent
with the laws of the general assembly, to determine their local affairs,"
Article III, Section 38A, the Iowa Constitution (emphasis added),
That same year the Iowa Legislature adopted home rule by statute, later codified as Chapter
364, Code of Iowa (1993). Section 364.2, Code defines "inconsistent" as follows:
"An exercise of a city power is not inconsistent with a state law unless it is Irreconcil.
able with the state law."
Section 364,2(3), Code (emphasis added).
The Iowa Supreme Court has inte'rpreted "irreconcilable" as follows:
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"Irreconcilable means 'impossible to make consistent or harmonious' while
inconsistent means .'incongruous, incompatible, irreconcilable,'
Green v, City of Cascade. 231 N,w'2d 882, 890 (Iowa 1975) (emphasis added).
In a word, the Iowa Supreme Court has interpreted city home rule powers to be broad indeed,
and that limitations on a city's power cannot be implied - those limitations must be explicitly
imposed by the legislature, Citv of Des Moines v, Gruen. 457 N.w'2d 340, 343 (Iowa 1990).
When we apply the "irreconcilable" home rule test to the City's "private applicator" ordinance,
it is clear that our local ordinance is completely "harmonious" with Chapter 206, since Iowa
City's legislation will supplement state regulation, not supplant it, Council Bluffs, at 812.
This means that since the state has not "preserved to itself' private/homeowner pesticide use,
the City's "private applicator" ordinance is not preempted under Iowa law,
Moreover, the frequently-asserted rationale for state preemption is to assure uniformity of
enforcement, Chelsea Theater. at 373. But where, as here, the state has not embarked on
regulating private/homeowner pesticide application, it would be an absurd result to find that the
state now intended to regulate, by omission, private application of pesticides based on mere
silence, This simply does not pass the "irreconcilable" test set forth in Council Bluffs, and it
does not meet the "need for uniformity" test, because there are no state regulations with which
to be uniform, Chelsea Theater. at 373, ()
Even assuming, for the sake of argument, that "private homeowner pesticide application" is
already addressed in Chapter 206, which I seriously dispute, Iowa City is not necessarily
precluded from enacting ordinances on matters which are the subject of state statute, Council
Bluffs, at 812. The traditional test which courts apply is
",..whether an ordinance prohibits an act permitted by a statute, or permits an act
prohibited by a statute,"
Id. (emphasis added),
Applying this rule to the facts before us, we know that Chapter 206 (Iowa's Pesticide Act) is
silent on private/homeowner application of pesticides. This silence proves that S.F. 94 cannot
act to prevent Iowa City's "private applicator" ordinance, as specifically articulated by the
Iowa Supreme Court in Council Bluffs, at 812-13. That is, Iowa City's proposed "private
applicator" ordinance does not expressly prohibit an act permitted by the Pesticide Act, and
conversely Iowa City's "private applicator" ordinance does not permit an act prohibited by the
Pesticide Act.
Indeed, Section 206.19, Code of Iowa, requires the agriculture department to work cooperative-
ly with cities concerning notification signs for commercial applicators. In addition, Section
455E.10, Code of Iowa (1993), as part of the "Groundwater Protection Act" provides that cities
are authorized "and encouraged" to implement groundwater protection policies.
In C'onclusion, the legi,slature simply cannot have it both ways. If they intended to preempt
private/homeowner pesticide application, they could easily have done so - as they had
attempted to do earlier through H.F, 2093 in 1992. However, since they have not explicitly
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dealt with "private/homeowners" pesticide application, the state cannot now be heard to say
that they really "intended" to regulate those areas simply by stating that cities could not regulate
anything. Such reasoning is pure sophistry, and does not win the day under either state or
federal law. '
VIII, Conclusions: Private Applicator Ordinance
From the above analysis, I draw two conclusions:
1, The legislature has not expressly articulated an intent to regulate the "private applicator/
homeowner/landlord/tenant" use of pesticides, and Iowa City is therefore not preempted
from such local regulation.
2, S.F. 94 is inconsistent with other sections of state law dealing with groundwater
protection and with overall pesticide use, since the state has been directed to cooperate
with cities in formulating proper notification signs for commercial applicators, and to
cooperate in implementing groundwater protection programs.
In conclusion, it is my opinion that S,F. 94 does not preempt Iowa City's "private applicator"
ordinance, as proposed, and the City is free to go forward with the ordinance, if the City Council
so chooses. The state simply cannot have it both ways: they cannot make regulations
"uniform" over an area of private/homeowner pesticide application when there are no state
regulations dealing with such subject matter. Nor can the state preempt an area not already
regulated or reserved to itself.
More importantly, the strong rationales for preserving home rule seems to be of prime
importance, especially since the City's proposed "private applicator" ordinance is clearly
reconcilable with, and harmonious with, existing state law, and merely supplants state law -
not displaces it.
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IX. Commercial Applicator Ordinance
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Since the "uniformity" and plain language of S.F. 94 appear to deal with existing state
regulation of commercial and public applicators, the notification sign provisions of our recently
adopted "commercial applicator" ordinance is likely preempted. The same can be stated for
the "commercial registry" provisions. While I can make an argument that statutes cannot be
applied retroactively, nonetheless the conduct (requiring larger signs) which our commercial
applicator ordinance attempts to regulate will occur after July 1, 1994 - in which case my
argument falls by the wayside,
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There may also be room for argument that since state law does not have a "registry" or listing
of commercial applicators, that Iowa City's regulation is not preempted - for all the reasons
discussed above. However, when we read S.F. 94 together with the complex system of
registration, certification by examination, and notification signs for two major users of pesticides,
namely commercial applicators and public applicators, an Iowa court likely will find that the
legislature has articulated an intent to "fill the field" - at least with respect to commercial and
public applicators, Council Bluffs, at 812.
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As already discussed above, S.F. 94 appears, on its face and as applied to Iowa City's
"commercial applicator" ordinance, to be in direct conflict with existing state law on "cooperative
efforts," "pre-notification and city registry in lieu of signs for public health programs," and with
groundwater protection laws, Whether these "inconsistencies" could rise to the level of a
successful court challenge is a difficult call to make at this point. If the City Council chooses
to challenge the applicability of S.F. 94 to preempt the City's "commercial applicator" ordinance
passed January 18, 1994, I suggest we discuss it in executive session before further action is
taken.
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Finally, I believe the City's attempt to formulate "groundwater protection programs" could
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length in a work session before proceeding. I would also recommend considerable thought and
discussion before moving forward.
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cc: Marian Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Doug Boothroy, Director, H&IS
Terry Trueblood, Director, Parks & Rec
Terry Robinson, City Forester
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CITY OF IOWA CITY
-
September 25, 1991
Paul J. Papak
University of Iowa Law School
396 Boyd Law Building
University of Iowa
Iowa City, IA 52242
RE: Joint Research Project: Local Regulation of Pesticides (Lawn Chemicals)
Dear Paul:
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As we previously discussed, a solid majority of the Iowa City City Council is interested in pursuing
the question of whether the City of Iowa City can regulate lawn chemical applications without
running afoul of preemption problems regarding state law. The Council would also like to know
just how far the City can go with local regulation.
BackQround
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Sometime last year and in response to a citizen request, the City Manager asked the City
Attorney's Office whether the City could dictate the size of the signs which lawn chemical
applicators are required to place on lawns after spraying pesticides, Dana Christiansen, First
Assistant City Attorney, reviewed Chapter 206, Code of Iowa, dealing with regulation and
licensing of commercial pesticide applicators, Dana also reviewed the applicable administrative
rules, together with a June 1990 Attorney General's Opinion, see attached. While we realize that
Attorney General opinions do not have precedential value and thus are not controlling, the courts
do grant Attorney General opinlon.s 'some weight.' Thus, Dana Informed Steve Atkins, City
Manager, that regulation of p~sticide signs was governed by state law, and was likely preempted
by federal law,
More recently, in a case decided June 21, 1991, the United States Supreme Court came to the
opposite conclusion, namely that local ordinances regulating pesticides are not preempted by
federal law, Wisconsin Public Intervenor vs. Mortier. 111 S. Ct. 2476 (1991), The City Council
discussed this case, together with the general subject of pesticide regulation, at a work session
on July 22, 1991. The Council expressed interest In passing some type, of local regulation
governing pesticides,
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September 25,1991
Page 2
Leaal Analvsis Request
The question the City Council would like answered is_wheth~r local regulations ~ preempted by
state law1 If not, the Council is interested In passing some local regulation in thelOriii of an
Orainance,
Bill Cook, paralegal for this Office, has gathered a number of "model" ordinances, policies and
references to legislation on the subject of pesticides, I would appreciate it if your students could
review the ordinances and other materials graciously provided by the League of Iowa
Municipalities and the National Institute of Municipal Law Officers (NIMLO), see attached:
Waterloo, Iowa
Boulder, Colorado
Town of Casey, Wisconsin
Portland, Oregon
Jacksonville, Florida
Los Angeles, California
St. Louis, Missouri
Miami, Florida
Minneapolis, Minnesota
Wilmette, Illinois
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More specifically, the Council would like the following areas ~ddw.sse.d for Inclusion into a local
Qrdinawe, and whether such reQulatlon would be preempted by state Jaw:
1. Require lawn chemical companies to obtain a signature for each chemical
application, in order to avoid mistakes such as spraying the wrong house or
garden.
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2, Require larger lawn-warning signs after pesticides have been applied.
3. Registration of persons who want to be notified (see Waterloo sample),
4. Adopt state regulatio,ns of pesticides as a City ordinance,
5. Central registry with the City of persons who use lawn chemical companies'
services,
6, One-day, 24-hou'r advance notice to neighbors of lawn service users or to persons
who request notification, prior to spraying,
7. Require notification of neighbors prior to spraying lawns,
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September 25, 1991
Page 3
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Bill Cook has also obtained a very large packetof information covering the hazards of pesticides,
which I have forwarded to the City Manager and Assistant City Manager, for their use, That
packet is at least two inches thick, but can be made available to you if you so choose, I have
also spoken with an attomey in private practice, Mr. Darwin Bunger, who has been a plaintiff's
attorney in several pesticide Injury cases. He may be available for consultation with your
students, if requested, He plans to be relocating to Iowa City, Iowa within the next 30 days, so
you may want to explore this with your students.
Finally, I am enclosing the Work Session summary from the City Council meeting last July and
letters sent to the Council, I want to thank you again for your interest In this Joint project, and
look forward to working with you on this particular problem, together with others, Incidently, as
has been explained to me by Mr. Bunger, 'pesticides. is an umbrella term which includes
, , herbicides, insecticides, rodenticides, etc.
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Looking forward to discussing this matter with you, I am
Cordially yours,
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cc: Steve Atkins, City Manager. FYI
Dale Helling, Assistant City Manager
City Attomey staff
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~ 152.175
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guage meet.!; all the criteria specified
In paragraph (e)(2) of this section. the
product will not be classified for reo
stricted use,
(2) The labeling will be Judged ade.
quate If it meet.!; all the following cri.
teria:
(j) The user. In order to follow label
directions, would not be required to
perform complex operations or proce.
dures requiring specialized training
and/or experience.
(ii) The label directions do not call
for specialized apparatus, protective
equipment, or materials that reason.
ably would not be available to the gen.
eral public.
(ill) Failure to follow label directions
In a minor way would result In few or
no significant adverse effect.!;.
(iv) Following directions for use
would result In few or no significant
adverse effect.!; of a delayed or Indirect
nature through bloaccumulatlon, per.
slstence. or pesticide movement from
the original applicatl,on site.
(v) Widespread and commonly recog-
nized practices of use would not nulli.
fy or detract from label directions
such that unreasonable adverse effect.!;
on the environment might occur.
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exceed one. fifth of the avian subacute
dietarl' LC..;
(ill) When used according to label di.
rections. application result.!; In residues
of the pesticide, it.!; metabolites or it.!;
degradation product.!;, In water that
equal or exceed one. tenth of the acute
LC.. for non.target aquatic organisms
likell' to be exposed; or
(11') Under conditions of label use or
widespread and commonly recognized
practice. the pesticide may cause dls.
cernlble adverse effect.!; on non.target
organisms, such as significant mortali.
ty or errect.!; on the physiOlogy,
growth, population levels or reproduc.
tlon rates of such organisms, resulting
from direct or Indirect exposure to the
pesticide. It.!; metabolites or it.!; degra.
dation product.!;,
(2) Granular product!, In addition to
the criteria of paragraph (cX!) of this
section. a pesticide Intended for out.
door use and formulated as a granular
product will be considered for restrict-
ed use-classification If:
(j) The formulated product has an
acute avian or mammalian oral LD.. of
50 mg/kg or less as determined by ex.
trapolatlon from test.!; conducted with
technical material or directly with the
formulated product: and
(ii) It Is Intended to be applled In D 152,171 Restrlcllons other than those ft.
such a manner that significant expo. latlng 10 use by certified applicators.
sure to birds or mammals may occur. The Agency may by regulation
(d) Other evidence. The Agency may Impose restrictions on a product or
also consider evldcnce such as field class of products If it determines that:
studies, use history, accident data. (a) Without such restrlctlollB, the
monitoring data, or other pertinent product when used In accordance with
evidence In deciding whether the prod. warnings, cautions and directions for
uct or use may pose a serious hazard use or In accordance with widespread
to man or the environment that can and commonly recognized practices of
reasonablY be mitigated by restricted use may cause unrea.\onable adverse
use classification, eHects on the environment: and
(e) Alternative labeling language. (1) Cb) The decrease In risks as a result
If the Agency determines that a prod. of restricted use would exceed the de.
uct meet.\ one or more of the criteria crease In benefit.!; as a result of reo
of paragraphs (b) or (c) of this section. strlcted use,
or If other el'ldence Identified In para.-
graph (d) of this section leads the D 152,175 Pesticides classified Cor restrict.
Agency to conclude that the product ed use.
should be considered for restricted use The following uses oC pesticide prod.
classification, the Agency will then de. uct.\ containing the active ingredients
termlne If additional labeling language specified below have been classified
would be adequate to mitigate the for restricted use and are limited to
Identified ha1.l1rdls) without restricted use bl' or under the direct supervision
use classification, If thc labeling Ian. of a certified applicator,
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PESTICIDES
Rule 21-45.30(20), Iowa
Administrative Code
(lAC), Restricted Use
Pesticides Classified,
This rule incorporates
federal law 40 CFR
~162.31, now changed to
40CFR ~152.175 effective
8/88.
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1 An Act relating to the application of pesticides in urban areas
2 and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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HOUSE FILE ~ 0 CJ.3
BY COMMITTEE ON ENERGY
AND ENVIRONMENTAL PROTECTION
ni"I~eO"" "Irwj'r
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(SUCCESSOR TO HSB 509)
Passed House, Date
Passed Senate, Date
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1 Section 1. NEW SECTION. 206.34 PRIVATE APPLICATION OF
2 PESTICIDES IN URBAN AREAS -- PENALTIES,
3 1. For the purposes of this section, unless the context
4 otherwise requires:
5 a. "Pesticide dealer" means any person who distributes
6 restricted use pesticides, pesticide for use by commercial or
7 public applicators, or general use pesticides labeled for
8 agricultural or lawn and garden use.
9 b. "Unreasonable adverse effects on the environment" means
10 unreasonable adverse effects on the environment as defined in
11 section 206.2.
12 c. "Urban" means any area within or belonging to a city or
13 any developed residential area in the state.
14 2, A pesticide dealer who sells pesticides to homeowners
15 or tenants for application to the person's own property or
16 tenancy shall make available all of the following to the
17 purchaser: ~
18 a, Notification signs to be posted by the purchaser
19 following pesticide application. The notification signs shall
20 meet the specifications as established by rule of the
21 department,
22 b. A form to notify the residents of property contiguous
23 to the property of the purchaser of the application of
24 pesticides to the purchaser's property, including the name 'of
25 the pesticide to be applied, the date of application, the
26 approximate time of application, the location of the
27 application, and the name of the owner of the property to
28 which the pesticide will be applied.
29 c. A listing of pesticides ranked according to a
30 determination of the pesticide's unreasonable adverse effects
31 on the environment.
32 d. A statement of the nitrogen limits established by the
33 department for application of pesticides in urban areas.
34 e. A form which includes an enumeration of the purchaser's ..
35 duties to contiguous property owners under this section and a
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1 statement which warns the purchaser of the penalties to which
2 the purchaser is subject upon violation of the pruvisions
3 relating to the application of pesticides under this section.
4 3. A purchaser of pesticides pursuant to subsection 2
5 shall do all of the following:
6 a. Notify residents of property contiguous to the property
7 of the purchaser of the application of pesticides a minimum of
8 twelve hours prior to application of the pesticides.
9 b, Apply pesticides in keeping with label directions and
10 with limitations established by the department.
11 c. Post the signs, made available by the pesticide dealer,
12 immediately following application of the pesticide.
13 4. The department shall adopt rules pursuant to chapter
14 l7A to establish all of the following:
15 a. The specifications for notification signs and forms to
16 be made available to purchasers by pesticide dealers pursuant
17 to subsection 2. The specifications for the notification
18 signs shall include but are not limited to a requirement that
19 the signs be composed of degradable weather-resistant
20 material, that the printed type used be easily readahle from a
21 distance, that the signs include a universal symbol warning
22 against entry into the area, that the signs be a minimum of
23 six inches square, and that the signs be posted in locations
24 on the property designated by the department. The
25 notification form to be provided to residents of property
26 contiguous to the property of the purchaser shall be a door
27 hanger with dimensions not smaller than three inches by six
28 inches. Information printed on the form shall be in English
29 in not less than ten point type and in Spanish in not less
30 than eight point type. The notification form provided by a
31 purchaser for a multiple family dwelling shall be posted at
32 the entrance of each building,
33 b. A listing of pesticides ranked according to the
1':~'3~1.~,~Ci~~SI unreasonable adverse effects on the environment.
.-, ~,:Y C. Nltrogen limitations for application in urbitn areas.
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1 5. A purchaser who does not in good faith comply with this
2 section is guilty of a simple misdemeanor.
3 Sec. 2, NEW SECTION. 206.35 PRIOR NOTIFICATION OF
4 PESTICIDE APPLICATION.
5 Prior notification of the application of pesticides to a
6 park, playground, athletic field, or golf course in an urban
7 area, whether the application is made by a commercial or
8 public applicator or private person, shall be provided to all
9 residents of property contiguous to the property to which the
10 pesticides will be applied. The owner, manager, or agency
11 which owns or manages the property to which the pesticides
12 will be applied shall provide notification in accordance with
13 the specifications established by rule of the department. The
14 department shall adopt rules pursuant to chapter 17A to
15 implement this section. A person who does not comply with
16 this section in good faith is guilty of a simple misdemeanor.
17 Sec. 3, NEW SECTION. 206.36 NOTIFICATION REQUIREMENTS
18 COMMERCIAL OR PUBLIC APPLICATORS -- PENALTIES,
19 A commercial or public applicator who violates a
20 notification requirement relating to th~ application of
21 pesticides to property in an urban area pursuant to section
22 206.19 is guilty of a simple misdemeanor.
23 Sec. 4. NEW SECTION. 206.37 COMMERCIAL OR PUBLIC
24 APPLICATORS -- CONFIRMATION BY PROPERTY OWNER.
25 A commercial applicator who contracts to apply pesticides
26 or a public applicator shall confirm the proposed application
27 of pesticides to the land of a private property owner, park,
28 playground, athletic field, or golf course in an urban area,
29 to the owner, tenants of the property, manager, or agency of
30 the land to which the pesticides are to be applied. The
31 confirmation shall..,be made at least twenty-four hours prior to
32 the application of pesticides.
33 ,_:..., EXPLANATION
34 This,~ill provides requirements relating to the application
35 of pesticides in urban areas by the owner or tenant of
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1 property to that property. ~e bill requires pesticide
2 dealers to make available to a purchaser warning signs to be
3 posted by the purchaser following application of the
4 pesticides, a notification form to be provided to residents of
5 property contiguous to the property to which the pesticides
6 are to be applied, a listing of pesticides according to their
7 unreasonable adverse effects on the environment, a statement
8 of the nitrogen limitations established for application of a
9 specific pesticide in urban areas, a statement of the duties
10 of a purchaser to residents of contiguous property, and a
11 statement of the penalties for violation of a provision
12 relative to application of pesticides to urban areas. The
13 bill provides requirements for purchasers of pesticides for
14 urban application, requires the department of agriculture and
15 land stewardship to adopt rules for implementation of the
16 provisions established, and provides that a purchaser who does
17 not in good faith comply with the provisions relating to
18 application of pesticides to urban areas is guilty of a simple
19 misdemeanor.
20 The bill also requires notification to residents of
21 property contiguous to a park, playground, athletic field, or
22 golf course located in an urban area prior to application of
23 pesticides by any applicator, and provides that a person who
24 does not comply in good faith with this requirement is guilty
25 of a simple misdemeanor,
26 The bill provides that a public or commercial applicator
27 who applies pesticides to residential property in urban areas
28 without prior notification to owners or tenants of contiguous
29 property is guilty of a simple misdemeanor. The bill also
30 provides for confirmation of pesticide application by a
31 commercial applicator who contracts with another person or by
32 a public applicator to apply pesticides to property oV/ned or
33 managed by the other person 24-hours in ad f h
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34 application., , ,
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SEP 15 1993 '
': . :,', fT rl fl 1993
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CITY ATtORNEV'S OFFIce
SENATE FILE ~
BY COMMITTEE ON AGRICULTURE
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(SUCCESSOR TO SSB 96)
Passed Senate, Date
Vote: Ayes Nays
Appro'Jed
Passed House, Date
Vote: Ayes Nays
A BILL FOR
.---..;.
1 An Act relating to fertilizers or soil conditioners and
2 pesticides by prohibiting regulations by local governmental
3 entities,
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 200.22 LOCAL ,LEGISLATION --
2 PROHIBITION.
3 1. As used in this section:
4 a. "Local governmental entity" means any political
5 subdivision, or any state authority which is not the general
6 assembly or under the direction of a principal centrai
7 department as enumerated in section 7E,5, including a city as
8 defined in section 362.2, a county as provided in chapter 359,
9 or any special purpose district.
10 b. "Local legislation" means any ordinance, motion,
11 resolution, amendment, regulation, or rule adopted by a local
12 governmental entity.
13 2. The provisions of this chapter and rules adopted by the
14 department pursuant to this chapter shall preempt local
15 legislation adopted by a local governmental entity relating to
16 the use, sale, distribution, storage, transportation,
17 disposal, formulation, labeling, registration, or manufacture
18 of a fertilizer or soil conditioner. A local governmental
19 entity shall not adopt or continue in effect local legislation
20 relating to the use, sale, distribution, storage,
21 transportation, disposal, formulation, labeling, registration,
22 or manufacture of a fertilizer or soil conditioner, regardless
23 of whether a statute or rule adopted by the department applies
24 to preempt the local legislation. Local legislation in
25 violation of this section is void and unenforceable.
26 3. This section does not apply to local leQis+ation of
27 general applicability to commercial activity.
28 Sec. 2. NEW SECTION. 206,34 LOCAL LEGISLATION --
29 PROHIBITION.
30 1. As used in this section:
31 a. "Local governmental entity" means any political
32 subdivision, or any state authority which is not the general
33 assembly or under the direction of a principal central
34 department as enumerated in section 7E.5, including a city as
35 defined in section 362.2, a county as provided in chapter 359,
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1 or any special purpose district.
2 b. "Local legislation" means any ordi~ance, motion,
3 resolution, amendment, regulation, or rule adopted by a local
4 governmental entity,
5 2, The provisions of this chapter and rules adopted by the
6 department pursuant to this chapter shall preempt local
7 legislation adopted by a local governmental entity relating to
8 the use, sale, distribution, storage, transportation,
9 disposai, formulation, labeling, registration, or manufacture
10 of a pesticide. A local governmental entity shall not adopt
11 or continue in effect local legislation relating to the use,
12 sale, distribution, storage, transportation, disposal,
13 formulation, labeling, registration, or manufacture of a
14 pesticide, regardless of whether a statute or rule adopted by
15 the department applies to preempt the local legislation.
16 Local legislation in violation of this section is void and
17 unenforceable.
18 3. This section does not apply to local legislation of
19 general applicability to commercial activity.
20 EXPLANATION
21 This bill amends chapter 200, regulating fertilizers and
22 soil conditioners, and chapter 206, regulating pesticides. It
23 provides that the provisions of the chapters, and rules
24 adopted by the department of agriculture and land stewardship
25 pursuant to the chapters, preempt legislative or
26 administrative measures adopted by a local governmental
27 entity, if the legislation or regulation' relates to the use,
28 sale, distribution, storage, transportation, disposal,
29 formulation, labeling, registration, or manufacture of
30 fertilizers and soil conditioners under chapter 200 or
31 pesticides under chapter 206. The local governmental entity
32 is prohibited from adopting or continuing in effect such a
33 measure, regardless of whether a statute or rule adopted by
34 the department applies to preempt it. Such a measure is void
35 and unenforceable.
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8-359 , '
1 Amend Senate File 94, as passed by the Senate, as
2 follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 200.22 PREEMPTIONOF
6 COUNTY LEGISLATION.
i 1.' As' used in this section, "leg~slation" means an
8 ordinance, motion, resolution, rule, or any other
9 enactment adopted by a county board of supervisors
10 except orders given to its employees relating to their
11 use, storage, transportation, or disposal of a
12 fertilizer or soil conditioner in their capacity as
13 public employees or the approved terms of a service or
14 sales contract between a person and the county
15 relating to the use of a fertilizer or soil
16 conditioner.
17 2. The provisions of this chapter and rules
18 adopted by the department pursuant to ~his chapter
19 shall preempt all legislation adopted by a county
20 relating to the use, sale, distribution, storage,
21 transportation, disposal, formulation, 'labeling,
22 registration, or manufacture of a fertilizer or soil
23 conditioner. A county shall not adopt or continue in
24 effect legislation relating to the use, sale,
25 distribution, storage, transportation, disposal,
26 formulation, labeling, registration, or manufacture of
27 a fertilizer or soil conditioner, regardless of
28 whether a statute or rule adopted by the department
29 applies to preempt the legislation. Legislation in
30 violation of this section 'is vdid and unenforceable.
31 3. This section does not apply to legislation
32 which applies generally to all commercial activity and
33 which is not directed specifically to a matter
34 relating to, fertilizers or soil conditioners,
35 including but not limited to zoning.
36 4. This section does not apply to legislatiqn
37 which is required to be adopted by a county in order
38 to comply with a federal or state statute, ~egulation,
39 or rule,
40 Sec. 2. NEW SECTION. 206.34 PREEMPTION OF COUNTY
41 LEGISLATION.
42, 1. As used in this section, 1I1egislationll means an
43 ordinance, motion, resolution, rule, or any other
44 enactment adopted by a county board of supervisors
45 except orders given to its employees relating to their
46 use, storage, transportation, or disposal of a
47 pesticide in their capacity as pucrlic employees or the,
48 approved terms of a service or sales contract between
49 a persoh and the county relating to the ,use of a
50 pesticide.
S-3591
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APRIL 23, 1993
Page 3
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S~3591
Page 2
1 2.' The provIsIons of this chapter and rules
2 adop~ed by the department pursuant to this chapter
3 shall preemp,t all' legislation adopted by a county,
4 relating to the use, sale, distribution, storage,
5 transportation, disposal, formu~ation, labeling,
6 registration, or manufacture of a pesticide. A county
7 shall not adopt or continue in effect legislation
8 relating to the use, sale, distribution, storage,
9 transportation, disposal, formulation, labeling,
10 registration, or manufacture of a pesticide,
11 regardless of whether a statute or rule adopted by the
12 department applies to preempt the legislation.
13 Legislation in violation of this section is void and
14 unenforceable.
15 '3., This section does not apply to legisla tion
16 which applies generally to all commercial activity and
17 which is not directed specifically to a matter '
18 relating to pesticides, including but 'not limited to
19 zoning.
20 4. This section does not apply to legislation
21 which is required to be adopted by a county in order
22 to compl~ with a federal or state statute, regulation,
23 or rule.
24 Sec. 3. MORATORIUM -- LEGISLATION BY LOCAL
25 'GOVERNMENT ENTITIES.
26 The provisions of sections 200.22 and 206.34
27 enacted in this Act, shall also apply to other
28 political subdivisions of this state or any other
29 state authority which is not the general assembly or
30 unde~ the direction of a principal central department
31 as enumerated in section 7E.5, including a bity or any
32 special purpose district, until July I, 1994. '
33, Sec. 4. PREEMPTION STUDY. The legislative council
34 shall establish an interim study committee to examine
35 ordinances ado~ted by local governmental entities
36 other than counties which regulate the use, sale,
37 distribution, storage, transportation, disposal,
38 formulation, labeling, registration, and manufacture
39 of fertilizers or soil conditioners or of pesticides.
40'The study committee shall examine the need to adopt
41 legislation which preempts local governmental entities
42 from adopting such ordinances. The study committee
43 shall report its findings and recommendations to the
44 Seventy-fifth General Assembly by a date established
45 by the legislative council."
46 2, Title page, by striking lines 2 and 3, and
47 inserting the following: "pesticides."
RECEIVED FROM THE HOUSE
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8-3591 FILED APRIL 22, 1993
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tt1 515 244 0740
LEAGUE OF IA IIUN
1 An Act relating to fertilizers or soil conditioners and
~ pesticides by prohibiting regulations by local governmental
3 entities.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Passed Senate, Date
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Approved
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A Bill FOR
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SENATE FILE~
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SSB 96)
Passed Bouse, Date
Vote: Ayes ~ays
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1 Section 1. NEW SECTION, 200.22 ,LOCAL LEGISLATION __
2 PROHIBITION,
3 1. As used in this section:
4 a. "Local governmental entity" means any political
5 subdivision, or any state authority which 1s not the general
6 assembly or under the direction of a principal central
7 department as enumerated in section 7E.5, including a city as
8 defined in section 362.2, a county as provided ili chapter 359, ,
9 or any special. purpose district,
10 " b. "Local legislation" means any ordinance, 1lI0tion,
11 resolution, amendment, regulation, or rule adopted by a local
12 governmental entity.
13 2, The provisions of this chapter and rules adopt~d by the
14 department pursuant to this chapter shall preempt local
15 legislation adopted by a local governmental entity relating, to
16 the use, sale, distribution, storage, 'transportation,
17 disposal, formUlation, labeling, registration, or manufacture
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18 of a fertilizer or's~ri conditioner, A local governmental
19 ent~ty shali:'~ot,:~doPt-or continu~~l~ effect local legislation
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20 relating to the'~~e, sale, distribution, storage,
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21 transportationi :~isposa~, fo~m4!a~ion, labeling, registration,
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22 or. manufacture of. a fertilizer or 'soil conditioner, regardless
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23 o~:~hether ~,~~a~ute or. rule adopted by the department applies
24 to-'preempt 'the local legislation, (;;~~cal legislation in
25 vioiatlori'of""thii secl:ion is voidr~h'd unenforceable.
26 3 '.., Thi~ se~tion does not appl(t'? local le~istation of
27 general applicability to commercial activity.
28 Sec. 2. NEW SECTION, 206,34 LOCAL LEGISLATION __
29 PROHIBITION,
30 1. As used in this section:
31 a. "Local governmental entity. means any political
32 subdiViSion, or any state authority which is not the general
33 assembly or under the direction of a principal central
34 department as enumerated in section 7E,5, including a city as
35 defined in section 362,2, a county as provided in chapter 359,
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1 or any special purpose district.
2 b, -Local legislation" means any ordi~ance, motion,
3 resolution, amendment, regulation" or rule' adopted by a local
. .
4 governmental entity.
5 2. The provisions of this chapter and rules adopted by the
6 department pursuant to this chapter shall preempt local
7 legislation adopted by a local governmental entity relating to
8 the use, sale, distribution, storage, transportation,
9 disposal, formulation, labeling, registration, or manufacture
10 of a pesticide. A local governmental entity shall not adopt
,11 or continue in effect local legislation relating to the use, .
12 sale, distribution, storage, transportation, disposal, , '
13 formulation, labeling, registration, or manufacture of a
14 pesticide, regardless of whether a statute or rule adopted by
15 the department applies to preempt the local legislation.
16 Local legislation in violation of this sectiOn is void and
17 unenforceable.
18 3, This section does not apply to local legislation of
, ,
19 general applicability to commercial activity,
20 EXPLANATION
21 This bill amends chapter 200, regulating fertilizers and
22 soil conditioners, and chapter 206, regulating pesticides, It
23 provides that the provisions of the chapters, and rules
24 adopted by the, department of agriculture and land stewardship
25 pursuant to the chapters, preempt legislative or
26 administrative measures adopted by a local ~overnmental
27 entity, if the legislation or regulation relates to the use,
28 sale, distribution, storage, transportation, disposal,
29 formulatlon, labeling, registration, or manufacture of
30 fertilizers and soil conditioners under chapter 200 or
31 pesticides under chapter 206. The local governmental entity
32 is prohibited from adopting or continuing in effect such a
33 measure, regardless of whether a statute or rule adopted by
34 the department applies to preempt' it, Such a measure is void
35 and unenforceable.
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MEMORANDUM'
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You can read the uniform "petition for rule making" on your own, since there is nothing in it which
needs much legal explanation. I trust this will be responsive to your questions, but please feel
free to contact me if you require further clarification. ,
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Cit}iCleik
Assistant City Manager
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lAC 4/6/88
Unirorm Rules
Page I
UNIFORM RULES ON AGENCY PROCEDURE
Oovnnor Terry e, Bllnllld IP90lnted I nine. member last torce In Ihe summn ot 1985 to drafl propoKd unltorm rutes of alency prO<<-
dure, The memben of lhe last torce arc as tollows: Anhur E, Bonfteld, Chtlr, Barbara 8, Burnetl. Roben F, Holt, Jr.. Kathryn L,
Hove, Dennis J, Nllel. Ellube1b M, OKnblulh, Julie F, PouorU. Joseph A, Ro)'tt.and Ted Vanecek. The hope Is Ihal the propcmd
uniform rutes wlll be tuitablt for adopllon by III 01 most slale alencfes and llu.t lhey will reaect the need (01 flir 'laIc Ilrney procedures
on Ihe one hand IIld the ortd rot effective and erftclenllovernmenl on lhe othn hind,
011 Otccmber 16.19U. the last force prtsenled.. (epen 10 Ihe Oovernor, The Governor hu acctPled lhe luk (orct rctOmmendallolll
on pclillons for rule mltlnl and petitionl for dedlratory rullnll, On December S, 1986, the Governor accepled Ihe luk rorce rctOmmend.,
lion fOl aleney procedure for rule matinl (or adoption by slale alencles, On March 9. 1918. lhe Ciovernor a"ep,ed Ihe luk force r<<om.
nlmdalion for procedure 10 Impkmcnt public: r<<ordllaw and rair informallon prattlcel Att,
CHAPTER X
PETITIONS FOR RULE MAKING
Agency No.-X,I(17A) Petition for rule making, Any person or agency may file a petition
ror rule making with the agency at (designate office). A petition is deemed filed when it is
received by th~l orfice. The agency must provide the petitioner with a file.stamped copy or
the petition ir the petitioner provides the agency an extra copy ror this purpose. The petition
must be typewritten. or legibly handwritten in ink and must substantially conrorm to the rol-
lowing rorm:
,
,
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The petition must provide the rollowing inrormation:
1. A statement or the specific rule-making action sought by the petitioner including the text
or a summary or the contents or the proposed rule or amendment to a rule and, if it is a petition
to amend or repeal a rule, a citation and the relevant language to the particular portion or
portions or the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to the agency's authority to take the action urged
or to the desirability of that action.
3. A brier summary or petitioner's arguments in support or the action urged in the petition.
4. A brier summary of any data supporting the action urged in the petition. '
S. The names and addresses or other persons, or a description or any class or persons, known
by petitioner to be arrected by. or interested in, the proposed action which is the subject or
the petition.
6. Any request by petitioner ror a meeting provided ror by rule X,4(17 A).
X.I(I) The petition must be dated and signed by the petitioner or the petitioner's represen-
tative. It must also include the name, mailing address, and telephone number or the petitioner
and petitioner's representative. and a statement indicating the person to whom communica-
tions concerning the petition sbould be directed.
X.l(2) The agency may deny a petition because it does not substantially conrorm to the
required form. '
Agency No,-X,2(17A) Briefs. The petitioner may attach a brier to the petition in support
or the action urged in the petition. The agency may request a brier rrom the petitioner or
rrom any other person concerning the substance or the petition.
Agency No.-X.3(17A) fnqulrles, Inquiries concerning the status or a petition for rule makIng
may be made to (designate orlicial by rull title and address).
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Uniform Rules
lAc 11/5/86
Agency No.-X,4(17A) Agency conslderalion.
X,4(1) Within fourteen days after the filing of a petition. the agency must submit a copy,
of the petition and any accompanying brief to the administrative rules coordinator and to the
administrative rules review committee. Upon request by petitioner in the petition, the agency
must schedule a brief and informal meeting between the petitioner and the agency, a member
of the agency, or a member of the staff of the agency. to discuss the petition. The agency
may request the petitioner to submit additional infonnation or argument concerning the petition.
The agency may also solicit comments from any person on the substance of the petition. Also,
comments on the substance of the petition may be submitted to the agency by any person.
X.4(2) Within sixty days after the filing of the petition, or within any longer period agreed
to by the petitioner, the agency must, in writing, deny the petition. and notify petitioner of
its action and the specific grounds for the denial, or grant the petition and notify petitioner
that it has instituted rule-making proceedings on the subject of the petition. Petitioner shall
be deemed notified of the denial or grant of the petition on the date when the agency mails
or delivers the required notification to petitioner.
X.4(3) Denial of a petition because it does not substantially conform to the required form
does not preclude the filing of a new petition on the same subject that seeks to eliminate the
grounds for the agency's rejection of the petition.
CHAPTER X
DECLARATORY RULINGS
Agcncy No,-X,I(17A) Pelilion for declaratory ruling. Any person or agency may file a
petition with the agency for a declaratory ruling concerning the applicability of any statute,
rule, policy, decision, or order, administercd by the agency, at (designate office). A petition
is deemed filed when it is received by that office. The agency must provide the petitioner with
a file-stamped copy of thc petition if the petitioncr provides the agency an extra copy for this
purpose. The petition must bc typewritten or legibly handwritten in ink and must substan-
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(AGENCY NAME)
Petition by (Name of Petitioner)
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PETITION FOR
DECLARATORY RULING
for a Declaratory Ruling on
(Cite provisions of law involved).
The petition must provide the following information:
I. A clear and concise statement of all relevant facts on which thc ruling is requcsted.
2. A citation and the relevant language of the specific statutes, rules, policies, dccisions,
or orders, whose applicability is questioned, and any other relevant law .
3. The questions petitioner wants answered, stated clearly and concisely.
4. The answers to the questions dcsired by thc petitioner and a summary of thc reasons
urged by the petitioncr in support of those answcrs.
5. The rcasons for requesting the dcclaratory ruling and disclosure of the petitioner's interest
in the outcome.
6. A statement indicating whether the petitioner is currently a party to another proceeding
involving the questions at issue and whether, to the petitioner's knowledge, those questions
have been decided by, are pending determination by, or are under investigation by, any govern-
mental entity.
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City of Iowa City
MEMORAND'UM
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DATE:
February 8, 1994
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TO:
city council and city Manager
Don Yucuis, Finance Director ~
six Month Budget Comparison Report for period ending
December 31, 1993.
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Attached you will find a six month report for operating funds only
which compares actual revenues, expenditures and cash position to
budget for the period ending December 31, 1993. You will be
receiving these reports quarterly. Please call me at 356-5052 if
you have any questions.
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CITY OF IOWA CITY
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CITY OF IOWA CITY
FV94
COMPARISON OF BUDGET
TO ACTUAL REVENUES,
EXPENDITURES AND CASH POSITION
FOR THE SIX MONTHS
ENDING DECEMBER 31,1993
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GENERAL FUND
Overview of FY94 Budget @ 12-31-93
The General Fund revenues, expenses and cash position for the six months ending December
31, 1993, is summarized as follows:
FY94 Amended FY94 Actual Percent FY93 Actual Percent
Budqet (1il12-31-93 Rec'd, Exp, (1il12.31.92 Rec'd, Exp,
Beginning Cash 7/1/93 $5,924,364 $5,924,364 $5,719,372
Revenues 23,775,803 12,493,736 52% 11,871,846 53%
Expenditures 24,666,971 11,950,476 48% 11,627,570 48%
Net Revenues less Expenditures (891,168) 543,260 244,276
Ending Cash 12-31-93 $5,033,196 $6,467,624 $5,963,648
Except for City, Crandic and Terrell Mill Parks, the flood of 1993 has had a minimal dollar
impact on the General Fund, To date, there has not been any significant actual expenses to
repair the parks. Estimated expenses are being revised. I do expect overtime and some
material expense line items to be over-budget by fiscal year end, I also expect FEMA to
reimburse the City for the majority of flood related expenses.
$30,0
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FY 94 General Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Millions
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SECOND QUARTER REPORT
ENDING DECEMBER 31,1993
ANALYSIS OF REVENUES AND EXPENSES COMPARED TO BUDGET
I have summarized the General Fund revenues into ten (10) major revenue categories. The
analysis of each category follows.
General Fund Year to Date Budoet Analvsis:
1. Prooertv Taxes - Includes the General Fund (8.10), Transit (.95) and Library (.27)
levies. The majority of property tax revenue is received twice a year, approximately
50% in October and 50% in April. This coincides with the due date of property tax
bills from property owners. $6,338,606 or 51 % of the FY94 budget of $12,424,113
was received as of 12-31-93 compared to $6,332,447 or 52% of the FY93 total
actual at 12-31-92. I expect to receive at least the budgeted amount by year end.
2.
Prooertv Tax Transfer - Emolovee Benefits - This property tax revenue source is
receipted in the Employee Benefits Fund and then transferred to pay for benefits of
employees (employer share of FICA, IPERS & Police and Fire Pension contributions;
health premiums, etc.) in the general fund. Transfers totaling $1,605,043 or 50.7%
of the FY94 budget of $3,166,727 was transferred in as of 12-31-93 compared to
$1,232,571 or 50.9% of the FY93 total actual at 12-31-92. I expect to receive at
least the budgeted amount by fiscal year end.
3. Road Use Taxes. This is a 9as tax that is received by the State of Iowa, paid to the
City on a per capita basis, receipted into the City Road Use Tax Fund and then
transferred to the General Fund to pay the actual cost of the Traffic Engineer and
Streets Division less other revenues received by these departments. Transfers totaling
$999,680 were 41 % of the FY94 budget of $2,443,000 compared to $1,033,743 or
50% of the FY93 total actual at 12-31-92, At this point I don't expect to receive the
budgeted amounts by fiscal year end, but there will be a corresponding decrease in
expenses in Traffic Engineering and Public Works Divisions to offset this.
4.
State Fundino - This revenue source, which comes from the State of Iowa, consists
of personal property replacement tax (flat $ amount), liquor profits, municipal
assistance, and bank franchise tax, Except for the bank franchise tax, the State remits
these revenues to the City in two equal installments, one in December and the other
in March.
Personal property replacement tax revenue totaled $160,133 or 52% of the FY94
budget of $307,900 and the same as last year at this time.
Liquor profits and municipal assistance, in prior fiscal years, were based on a per capita
rate. Starting in December, 1992, these revenue sources were distributed on a flat
dollar amount which is appropriated annually by the State to the City. State aid
revenue totaled $317,885 or 52% ofthe FY94 budget of $613,600 and approximately
the same as last year at this time.
Bank franchise fee revenue totaled $23,312 or 26% of the FY94 budget of $90,000
and $17,000 less than the same time period last year.
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Enterprise Funds (Ex.: Water, Parking, Sewer, etc,) for services provided in the Finance
and Public Works Admin. Departments, use of the Document Services Division, use of
Central Services, and Cable TV transfer to Library. The Administrative expense charges
to the Enterprise Funds and the Cable TV charge back are calculated during the budget
process and then transferred to the General Fund proportionally each month.
Chargebacks totaled $538,567 or 49,5% of the FY94 budget of $1,087,924 and
slightly higher than the same time period last year. I expect to receive up to the
budget amount of $ 1,087,924 by fiscal year end.
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6. Fines. Permits, and Fees - This category includes quite a variety of different revenue
sources. The largest are Recreation fees, building permits and inspections, parking
fines, and magistrate court fines.
Recreation Fees totaled $252,762 or 44% of the FY94 budget of $581,150 and
$ 19,000 more than the same time last year. I expect to reach budget by fiscal year
end,
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Building Permits and Inspections totaled $207,459 or 86% of the FY94 budget of
$241,300 and are $53,000 more than what was collected for the same time period
last year. The increase is due to a change in valuing a building permit for new
construction.
Parking Fines totaled $123,310 or 54% of the FY94 budget of $230,000. Revenues
are $26,000 less than the same time period last year. The decrease is due to the
Chauncey Swan Ramp opening which alleviated parking congestion in the CBD area,
Magistrate's Court revenues totaled $52,088 or 42% of the FY94 budget of
$125,000. Revenues are $4,400 less than the same time period last year, I don't
expect to reach the budgeted amount of $ 125,000 by fiscal year end,
Overall, fines, permits and fees totaled $924,294 or 57.5% of the FY94 budget of
$ 1,608,187. I expect to receive up to the budgeted amount by fiscal year end.
7. Contractual Services. The University Fire Contract payment is received in the first
quarter of each year based on actual expenses of the Fire Department for the previous
fiscal year. Actual receipts totaling $678,933 are $44,133 or 7% more than the FY94
budget of $634,800.
Johnson County contract revenues are to pay for the use of the Library and Senior
Center by residents who live outside the City limits of Iowa City but within Johnson
County, I expect to receive at least the budgeted amount of $308,000 by fiscal year
end.
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Overall, contractual services totaling $862,088 are 91 % of the FY94 budget of
$942,800. I expect to collect at least the budgeted amount by fiscal year end.
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8. Hotel/Motel Tax - Revenues totaled $234,659 or 52.4% of the FY94 budget of
$447,800 and $78,351 more than last year at this time. The new 7% rate went into
effect on January 1, 1993. Actual receipts are allocated as follows:
Police Patrol (50%), Convention Bureau (25%), Mercer Park Aquatics (15%) and
Parkland Fund (10%1, starting 1-1-93 Acquisition (7%), and Development (3%1.
9. All Other Income - Other income totaled $426,034 or 86% of the FY94 budget of
$493,752. Other income includes the following: UAY repaid their $79,350 loan;
Greater Iowa City Housing repaid their $30,000 loan; proceeds of $54,296 from the
sale of a house and FEMA flood reimbursements totaling $176,178.
Overall, general fund revenues totaled $12,493,736 or 52.5% of the FY94 budget of
$23,775,803 compared to $11,871,846 or 52.9% of the FY93 total actual revenues
at 12-31-92. I expect to receive at least the budgeted amount of revenues by fiscal
year end.
Expenditures:
Overall, actual expenditures totaled $11,950,476 or 48% of the FY94 budget of
$24,666,971. This compares to $11,627,570 or 51 % of the FY93 total actual as of 12-31-
92. At this point in time, I expect to spend up to the FY94 budget authority. Below is a
summary of the actual compared to budget expenditures by category:
% of FY93
Actual @
FY94 FY94 FY93 12/31/92 to
Description FY94 Actual @ Act. % Actual @ FY93 Total
jin $1 ,000s), BudQet 12/31/93 to BudQet 12/31/92 Actual
Personal Services $15,407 $7,676 50% $6,B64 4B%
Commodities 840 369 44% 340 41%
Charges for Services 4,3B7 2,002 46% 2,128 50%
Capital Outlay 1,098 496 45% 579 45%
Transfers Out 2,451 1,139 46% 1,512 48%
Other 383 266 69% 205 83%
Contingency 100 0 0
TOTAL $24.667 $11 ,950 48% $11.627 51%
= =
Contingency was originally budgeted at $237,038. The balance at 12-31-93 is $100,012. The
following items were amended for by using contingency:
Computer, work station and furnishings to set-up office for new Civil Engineer ($7,854) (Engineering);
sidewalk repair projects ($4,596) (Engineering); additional temporary engineer thru 12-31-93 ($4,430)
(Engineering); remodel existing PW Admin offices to accommodate new Civil Engineer ($14,475)
(Engineering); additional FICA due to reclassifying contractual workers to temporary ($12,668)
(Recreation); two computers ($5,130) (Clerk); new clerk position, furniture, computer ($21,700) (City
Clerk); additional election costs ($22,835) (City Clerk); temporary Inspector Aide ($5,280) (Building
Inspection): streets cape design 1$19,865) IPCD Admin.): temporary Planner 1$2,790) ICD non-grant
activity): Intern ($568) IEconomic Development); computer equipment ($851) (Treasury): Civic Center
sign ($5,800) (Building & Grounds) and additional JCCOG funding ($8,184) INon-op Admin).
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CITY OF IOWA CITY
GENERAL FUNO REVENUES BY MAJOR CATEGORY
FOR THE SIX MONTHS ENDING D~CEMBER 31, 1993
, FY 93
,I MONTH FY94 %REC'DI ,,\
FY94 ENDING V-T.D %REC'DI Y-T'D TO
1??oo GENERAL FUND AMENDED DEC, 31, DECEMBER BUDGET SPENTTO DECEMBER FY93
.,1 RECEIPT TYPE BUDGET 1993 31,1993 BALANCE BUDGET 31,1992 AClUAl
BEGINNING CASH BA[ANCE 5,924,364 6,620.493 6,924.364 5,119,372
, ,
J 1) PROPERTY TAX 12.424.113 234.947 6,33S,606 6,065.507 51,0% 6,332.447 52,0%
21 'IRANSFER: EMPL BENEFITS LEW 3,166,727 260,992 1,605,043 1.561.684 50,7% 1.232,571 50,9%
31 ROAD USE TAX 2.443,000 90.904 999.6BO 1.443,320 40.9% 1.033.743 49.7%
41 STATE FUNDING:
STATE AID (form.riy Munlclp.1 613,600 317.665 317.6B5 295,715 51.B% 316.143 50,0%
A"lot.nco .nd Liquor Profit.,
PERSONAL PROPERTY REPLACEMENT 307,900 160,133 160,133 147.767 52,0% 160.261 50,0%
BANK FRANCHISE TAX 90,000 0 23,312 66.6BB 25,9% 40.971 30,2%
TOTAL STATE FUNDING 1.011,500 476,016 501,330 510,170 49.6% 519,375 92,0% "
51 CHARGEBACK OF SERVICES
ADMIN EXPENSE CHARGEBACK 1.024.744 S7.135 514.262 510.482 50.2% 502.186 50,0%
CA6LE 1V CHARGE6ACK 35.160 2,932 17.590 17,590 50,0% 16,753 50,0%
WORD PROCICEN'lRAL SERVICES 26,000 0 6,715 21.265 24,0% 13,275 42,9%
TOTAL CHARGE6ACKS 1.067.924 90,067 536,557 549.357 49,5% 632,214 60.0%
'i 6) FINES PERMITS" FEES
RECREATION FEES 581,150 38.635 252.762 328,368 43,5% 233,OBl 37,4%
6UILDING PERMITS" INSPECTIONS 241,300 32.905 207.459 33,841 86,0% 154.471 45,9%
PARKING FINES. 15 230.000 21,869 123,310 106,690 63,6% 149.667 54.6%
MAGIS'lRATES COURT 125.000 19,644 52.066 72.912 41,7% 56.417 51.9%
LI6RARY FINES &. SERVICES 63.477 13,778 67.484 .3,967 104,6% 90.535 41,0%
POLICE SERVICES 48.250 6.163 27,250 21,000 56,5% 33,576 61,4%
FOOD &. LIQUOR LICEN &. PERMITS 76,200 555 52,696 26,604 67,4% 62,577 66,6%
HOUSING PERMITS & INSPECTIONS 77.600 6,516 54.6BB 22.912 70,5% 44,519 60,4%
CEMffiRY FEES & CHARGES 32,000 2.4BB 15,639 16.461 46,6% 22.720 67,B% 0
BUILDING &. DEVELOPMENT FEES 29.430 990 12,733 16,697 43,3% 16.996 36,6%
ANIMAL CON'lROL SERVICES 60,650 11,901 34,513 26.137 66,9% 31.292 44,0%
LICENSES &. PERMITS 21,130 200 3.792 17.336 17,9% 21.666 60,7%
TOTAL FINES PERMITS &. FEES 1,606.167 164.664 924.294 663,693 57.5% 906.519 66,0%
,-, 71 CON'lRACTUAL SERVICES
UNIVERSITY FIRE CON'lRACT 634,600 0 676,933 .44,133 107,0% 616,677 96,9%
JOHNSON COUNTY CON'lRACT 306.000 39,647 163,165 124,845 59,5% 165.657 60.4%
~ TOTAL CON'lRACTUAL SERVICES 942,600 39,647 662,066 60,712 91,4% 602.334 93,0%
I,
,\; 61 HOTEUMOTEL TAX 447,600 126.674 234,669 213.141 62,4% 166,306 61.0%
,..,-", 91 INTEREST INCOME 160.000 16.373 63,436 66,666 42,3% 142,461 66,1%
\
\ 101 ALL OTHER INCOME ',!
\ MISCELLANEOUS REVENUE 46,302
6,770 19,107 26,196 42,2% 60.014 73,9%
~ MONIES &. CREDITS 20,000 11.579 13,664 6.336 6B,3% 13,71B 50,7%
" , MILITARY CREDIT 12,BOO 0 11,441 1,359 69.4% 1'.B67 100,0%'
i I COMMISSIONS AND CONCESSIONS 7,000 307 3,666 3,446 60,B% 5.365 60,6%
PERPETUAL CARE 4,000 0 0 4,000 0,0% 0 0,0%
LI6RARY RESERVE FUNDING 23,600 0 11.900 11.900 50,0% 30,750 50,0%
~ LOAN REPAYMENT.UAY 79,350 23,630 79,350 0 100,0% 0 0,0%
'IRANSFERSIN.CA6LE 0 0 0 0 3.360 4,1%
LOAN REPAYMENT.GREA TER IC HOUSING 30.000 0 30,000 0 100,0% 0
I LOAN PROCEEDS FOR UA Y pURCHASE 0 0 0 75.000 100,0%
REC CENTER ROOF LOAN 31,600 0 0 31.600 0,0% 0
I PROCEEDS FROM SALE OF HOME 0 0 64,296 .54.296 0
I PARKING FINES 'IRANSFER TO GF 240.000 0 0 240,000 0,0% 0 MO~
I LOCAL GOVT REIMB.POLlCE 0 3,BB6 16,670 .16,670 0
GRANHEMA REIMB.FLOOD 0 153,067 176,17B .178,178 0
I GRANTS'POLICE/SENIOR CENTER 0 2,203 10,873 .10,673 11.020 16,1%
I ~'
; I; TOTAL ALL OTHER INCOME 493,752 200.431 42B.034 67,718 66,3% 211.874 26,6%
i I GRAND TOTAL REVENUES 23.776,603 1,696.617 12.493,736 11.262,067 62,5'~ 1',B7'.846 62.9%
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CITY OF IOWA CITY
GENERAL FUNO EXPENDITURES BV DIVISION ,I
FOR THE SIr. MONTHS ENDING DECEMBER 31, 1993 I
MONTH I
FV 94 ENOING V-T-D FV94 % Y-T.D 1
1 ??oo GENERAL FUND AMENDED DEC, 31, DECEMBER BUDGET SPENTTO DECEMBER I
EXPENOITURE BY DIVISION BUDGET 1993 31,1993 BALANCE BUDGET 31.1992 I
GENERAL FUND.EXPENDITURES BY DIVISION ,I
'.'1 , CIlY COUNCIL -91.00B -6,S76 .31.437 .49.571 38,8% -31.S16
CIlY CLERK -270.192 -81,160 -178.113 .92.079 86,9% -78.001
" CITY ATTORNEY -309.167 -21,931 -141,644 .166.623 46,0% -129,617
CITY MANAGER .290,161 -17.848 -130,361 -169,SI0 44,9% -127.456
HUMAN RELATIONS -239,950 -26,094 -121.467 .118,393 60,5% -111,276
FINANCE DEPT, ADMINISmA T -251,086 -14.995 -100,360 -160.736 38.4% -109.762
ACCOUNTING &. REPORTING -341.678 -34.460 -176.282 -166.396 51.3% -141,179
'.. CENmALPROCUREMENT -199,231 .13,913 -90,086 -109.145 46.2% .67,287
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'..,.. mEASURY .477,416 .36,133 -223.607 -253,609 46,6% -208.179
DOCUMENT SERVICES -193.606 -11,721 -93.791 .99.715 4B.5% -70.572
DATA PROCESSING .337,716 -21,276 .138.964 -198.832 41.1% .163.341
RISK MANAGEMENT .466,158 -139 -209,065 -257,093 44.8% .369.740 ','
GOVERNMENT 9UILDINGS .258.196 .17,796 -116,023 -142,172 44,9% .117.3B6
CIVIL RIGHTS ACTIVITIES .58.600 .3.64B .26,023 -32,777 44,3% -26.212
NON'OPERATlONAL ADMIN, -2,848,236 .209,329 -1,364,696 '1.483,641 47,9% -1.690.761 ,
ESCROWS &. DEPOSITS 0 -30.000
PPO DEPT, ADMINISmATION ,163,604 -lB.916 '64,174 -79.630 61.4% .67.134 ' '<','.
UR6AN PLANNING .217.059 -16.629 -105,070 -111,969 48,4% .95.555
NEIG90RHOOD SERVICES ,59.064 .4.325 -27,505 -31,569 46,6% .26,057
COMM. DEV,.NON GRANT ACTI .106,926 -2,022 .68,346 -48,501 54,6% .44,313
ECONOMIC DEVELOPMENT .106,369 .4,046 .61,311 .64.058 48,7% .46,420
ENGINEERING .666,673 -37.924 -232,666 .353,007 ' 39,7% .160,180
PUBLIC WORKS ADMINISmA TI -131,069 .9.665 .60,766 -70.323 46,4'h .59,002
CBD MAINTENANCE -164.654 -6,060 .61.618 .92.636 40,0% .60,021
ENERGY CONSERVATION -30,838 -1.370 -10.754 .20,064 34,9% .9.614
'''-.,.' POLICE DEPARTMENT ADMIN, -254,817 -26,470 -125,628 .129,189 49.3% -116,242
POLICE PA mOL -2,647,866 -216,227 -1,365;370 -1.492.486 47.9% -1.245.148
CRIMINAL INVESTIGATION -396,293 -29.739 .198,408 -197.965 60.1% -163.432
RECORDS AND IDENTIFICATlO -241.497 .25,587 -120,734 .120.763 50.0% -108,906
COMMUNITY SERVICES BUREAU -162,026 .12,331 -75.469 -66.557 46,6% -72,902
EMERGENCY COMMUNICATIONS -419,916 -27,973 -213,505 -206,413 50,6% -164.146
BIKE/PEDESmlAN SArnY GR .2 -3,451 3.451
FIRE PROTECTION -2.927.470 -219,712 -1,511.930 -1.415.540 51,6% '1,354.334
ANIMAL CONmOL .409.900 -30,663 ,166.697 -243,013 40,6'h .111.316
HIS DEPARTMENT ADMINlsmA .135.066 .8,449 .66,027 .80.039 40,7% .69.173
9UILDING INSPECTION .248.666 -19,762 -125,676 -123.169 50,5% .106.612
HOUSING INSPECTIONS .192.644 -13.466 -98,930 -103,614 46,2'h .90,665
FIRE EQUIP REPLACE RESERV 0 -205,261
mAFFIC ENGINEERING .934,459 .66.469 .357,580 .476,979 42.9'h .317.169
smEET SYS MAINT -1,626.723 .122,306 -742,9BB -993,836 46.7% .717,995
FORESmy OPERATIONS .190.546 '13,356 .74,615 .116,030 39.1% .93.140
CEMmRY .196.662 -12,129 .91.190 .96.472 49,9% .9a.o27
RECREATION -1,970,244 ,97.492 -9Bl,972 -799,372 52.9% ,797,399
PARKS .776.266 -74,630 .379,600 -396,676 4B,9% .311.666
LIBRARY -2,366,027 .196,013 .1.262,351 '1.093,676 53,6% -1,170,521
PARKS 81 REC ADMIN -139,529 -9.667 -70,643 .69,966 60.6% .63,310 i
SENIOR CENTER .419,389 ,31,607 -197,626 .220,783 47.2% .172,669
LIBRARY EQUIP, REPL. RESE .542 642 .672
PARK LAND ACQUISITION RES .10,000 -1,168 .8,B33 11.7%
L19RARY PU9LIC ACCESS RES -135 135 -1,690
COMPUTER REPLACEMENT .7.149 -7,149 7,149 '44,539
PARK LAND DEVELOPMENT RES .37.000 -37,000 0,0%
"
,II TOTAL EXPENDITURE -24,666.971 '1,649,486 -11,960.476 -12.716,496 48,4% '11,627,670
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\ NET RECEIPTS OR EXPENDITURES .991.169 -162,869 543,260 '1.434.429 244,276
\ ENDING BALANCE 6.033.198 6,467.624 6.467.624 5,963.649
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Airport Operations Fund
Mass Transit Fund
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ENTERPRISE FUNDS NOTES
DECEMBER 31,1993
Below is a summary by fund of the FY94 budget and actual beginning cash balance, revenues,
expenses and ending cash balance with a brief explanation of major line items over or under
budget.
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Parkina Fund -
12/31/92
Actual %
FY94 FY94 FY93 to Total ' ,',
Description FY94 Actual % of Actual FY93
(in $1 ,000s) Budaet @ 12/31/93 Budaet @ 12/31/93 Actual
Beginning Cash Balance $1,375 $1,375 $1,039
Revenue 2,735 1,434 52% 1,470 56%
Expenses -3.243 -1.394 43% -961 34%
ENDING CASH BALANCE $868 $1.415 $1.548
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Overall, the December 31, 1993, cash balance of $1,415,034 is very good. Overall, revenues
totaling $1,433,617 are 52% of the FY94 budget of $2,735,000, but $36,000 less than the
same time period last year, FY93 receipts included a one-time revenue of $117,425.
Capitol Street ramp revenue is $548,331 or 52% of the FY94 budget of $1,056,000 and
$42,000 more than the same time period last year. Dubuque Street ramp revenue is
$217,275 or 67% of the FY94 budget of $321,000 and $40,000 more than the same time
period last year. Fines, meter and permit revenues total $579,766 or 51 % of the FY94
budget of $1,138,000 and $8,000 less than the same time period last year.
Expenses totaling $1,394,030 are 43% of the FY94 budget of $3,242,686.
Pollution Control Fund -
12/31/92
Actual %
FY94 FY94 FY93 to Total
Description FY94 Actual % of Actual FY93
(in $1.000sl Budaet @ 12/31/93 Budaet @ 12/31/93 Actual
Beginning Cash Balance $1,842 $1,842 $1,605
Revenue 6,180 3,386 55% 3,181 51%
Expenses -6.622 -3,113 47% -2,881 46%
ENDING CASH BALANCE $1 ,400 $2.116 $1 ,905
This fund is in good financial position at the end of December 31, 1993,
Overall, FY94 revenues totaling $3,386,280 are 54.8% of the FY94 budget of $6,180,500.
FY94 expenditures totaling $3,112,671 are 47% of the FY94 budget of $6,622,659,
This fund has been hardest hit with increased costs related to the Flood of 1993. There is
approximately $750,000 of sewer collapse costs which are FEMA-eligible, If FEMA does not
reimburse the City, then bonds may need to be sold or rates need to be increased.
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Sewerfees total $2,991,952 or 52% of the FY94 budget and are approximately the same as
last year at this time. FEMA reimbursement totaled $295,773 at 12-31-93.
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I do want to point out that two-thirds or approximately $4,000,000 of the Pollution Control
expense budget of $6.6 million goes for transfers to pay for debt service, mostly for the 1986
revenue bonds and the 1993 refunding issue. The debt servii:e transfer to reserves is spread
out equally over the twelve month budget and therefore monthly expenses are fairly stable,
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Water Ooeratinll Fund -
12/31/92
Actual %
FY94 FY94 FY93 to Total
Description FY94 Actual % of Actual FY93
(in $1.000sl Budllet @ 12/31/93 Budllet @ 12/31/93 Actual
Beginning Cash Balance $1,908 $1,908 $1,388
Revenue 3,397 1,783 52% 1,925 58%
Expenses -4.469 -1.821 41% -1.259 31%
ENDING CASH BALANCE $836 $1.870 $2,054
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Revenues totaling $1,783,278 are 52% of the FY94 budget of $3,397,200. Revenue from
charges for water totaling $1,747,071 are 52% of the FY94 budget of $3,322,200.
Expenses totaling $1,821,054 are 41 % of the FY94 budget of $4,469,570.
The Flood of 1993 has had very little monetary impact on this fund.
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Refuse Collection Fund -
12/31/92
Actual %
FY94 FY94 FY93 to Total
Description FY94 Actual % of Actual FY93
(in $1 ,000s) Budllet @ 12/31/93 Budllet @ 12/31/93 Actual
Beginning Cash Balance $272 $272 $91
Revenue 1,618 895 55% 825 47%
Expenses -1,866 -851 45% -699 40%
ENDING CASH BALANCE $24 $316 $216
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FY94 revenues totaling $895,200 are 55% of the FY94 budget of $1,618,000, The budget
anticipates using $250,000 of cash on hand and bringing the ending balance down to
$24,000, the reason for this is that no rate increase was approved for FY94.
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Description
.lin $1.000s1
Beginning Cash Balance
Revenue
Expenses
ENDING CASH BALANCE
FY94
BudQet
$875
3/502
-3,575
$802
FY94
Actual
@ 12/31 /93
$875
1/902
-1.493
$1.284
FY94
% of
BudQet
54%
42%
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FY93
Actual
@ 12/31/93
$312
1,774
-1.682
$404
Expenditures totaled $1,493/484 or 42% of the FY94 budget of $3,575/103.
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'12/31/92
Actual %
to Total
FY93
Actual
58%
56%
Landfill Fund has incurred some additional flood-related expenses totaling approximately
$40/000 and have received reimbursement from FEMA.
FY94 revenues totaling $1/902/565 are 54% of the FY94 budget of $3,502/000. Tipping
fees increased on July 1/ 1993/ from $42/ton to $48,50/ton in City and $53,50/ton for out-
of-city dumping.' Tipping fees totaling $1/841/630 are 54% of the FY94 budget of
$3,390/000.
Airoort Ooeration -
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(in $1.000sl,
Beginning Cash Balance
Revenue
Expenses
ENDING CASH BALANCE
FY94
Budaet
$9
187
-191
$5
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Actual
@ 12/31/93
$9
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-69
$29
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36%
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Revenues totaling $88,595 are 47% of the FY94 budget of ~187,400.
Expenses totaling $68,837 are 36% of the FY94 budget of $190/719.
12/31/92
Actual %
to Total
FY93
Actual
59%
38%
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Approximately $ 27/000 in estimated costs to repair damage to storm sewers caused by the
Flood of 1993 should be covered by FEMA. If not, General Fund will pay for these repairs.
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I 12/31/92
Actual % ~
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I, (in $1.000sl Budaet @ 12/31/93 Budaet @ 12/31/93 Actual
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Revenue 2/788 1,307 47% 1,211 46%
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Ri ENDING CASH BALANCE $100 $84 $170
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Revenues totaling $1,306,506 are 47% of the FY94 budget of $2,788,018. Transit fees
totaling $322,922 are 51 % of the FY94 budget of $630,000 and $19,000 more than the
same time last fiscal year. Federal UMT A monies budgeted at $260,000 will not be received
until March, 1994. State grant revenue totaling $111,157 is 60% of the FY94' budget of
$184,500. Property tax revenue totaling $839,509 is 50% of the FY94 budget of
$1,679,018,
Expenses totaling $1,377,233 are 48% of the FY94 budget of $2,842,788.
Due to the Flood of 1993, approximately $17,000 in additional costs were incurred operating
a shuttle to serve the residents near 1-80 off of North Dubuque. FEMA reimbursed the City
for these expenses,
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Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$500
$0
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Revenues Cash Balance
I Budget 0 Actual
FY94 Pollution Control Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$0
$2115
Cash Balance
I Budget 0 Actual
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$4000
$3000
$2000
$1000
$2000
$1500
$1000
$500
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FY94 Water Operations Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$4470
$0
................................
................................
53%
Revenues
Cash Balance
I Budget 0 Actual
FY94 Refuse Collection Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$0
1:'1:<~:;\'
$316
Cash Balance
I Budget 0 Actual LlU 0
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FY94 Landfill Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Millions
$4.0
.................................
$3.0
$2.0
$1.3
...... '$0'.6
$1.0
$0.0
I '4%
Revenues
Cash Balance
I Budget 0 Actual
FY94 Airport Operations Fund
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
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$50
$0
Cash Balance
I Budget 0 Actual
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Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
". ................................
:" . $137.7. . . . . . . . . . . . . .. . . .. . . . . . . . .
$100 $84
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$0
Cash Balance
I Budget 0 Actual
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CITY OF IOWA CITY
Other Funds:
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Debt Service Fund
Broadband Telecommunications Fund .
Johnson County Council on Governments
General Fleet Maintenance Fund
Equipment Replacement Fund
Central Supply & Print Shop Fund
Road Use Tax Fund
Employee Benefits Fund
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Revenues totaling $1,122,765 are 39% of the FY94 budget of $2,892,606, Property taxes
(budgeted at $2,000,000) account for over 67% of the budgeted revenues, $1,020,874 or
51 % of the property tax budget has been received as of 12-31-93, This corresponds to when
property taxes are due, October and March of each year, Transfers-in from other funds
($867,606) account for the balance of budgeted revenues, The transfers are mostly from
Enterprise Funds to pay for their share of debt service. Actual transfers occur only when
principal and/or interest is actually paid, usually in November/December (interest) and
May/June (principal and interest). $94,711 or 11 % of the transfer in budget from Enterprise
Funds has been received as of 12-31-93,
The majority of the budget of $3,236,593 will be spent on principal/interest in May and June,
1994.
Broadband Telecommunications Fund -
12/31/92
("" Actual %
,.\ J FY94 FY94 FY93 to Total
...--.\ . Description FY94 Actual . % of Actual FY93
\\ lin $1.000s1 Budqet @ 12/31/93 Budoet @ 12/31/93 Actual
.\ t.
\i Beginning Cash Balance $218 $218 $272
, I,
,....:-, Revenue 266 150 56% 145 54%
, ,
, ' \ Expenses
: ' -394 -132 33% -132 31%
ENDING CASH BALANCE $90 $236 $285
" = =
Revenues totaling $149,669 are 56% of the FY94 budget of $266,494. The largest revenue
source is cable franchise fees (budget of $260,000), This fee is remitted quarterly.
$146,495 or 56% of the franchise fee budget has been received through 12-31-93. This
compares to $135,625 received through 12-31-93.
Expenses totaling $131,675 are 33% of the FY94 budget of $393,815, Only $3,277 of the
Capital Outlay budget of $70,216 has been spent to date.
The FY94 budget will be increased in January 1994 to reflect additional funds received from
the University of Iowa ($9,260),
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Description
(in $1 ,000st
Beginning Cash Balance
Revenue
Expenses
ENDING CASH BALANCE
FY94
Budoet
$41
276
-303
$14
FY94
Actual
@ 12/31/93
$41
179
-156
$64
FY94
% of
Budoet
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51%
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12/31/92
Actual %
to Total
FY93
Actual
52%
39%
Revenues totaling $178,975 are 65% of the FY94 budget of $276,193, Funding from other
local governments totals $66,398 or 109% ofthe budget of $60,786, 62% or $36,080 of
statelfederal funding has been received to date. The subsidy from General Fund lbudget of
$121,746) is prorated over the twelve months as well as the subsidy for the Solid Waste
Planner (budget of $35,311) from the Landfill- Solid Waste Surcharge Fund. Actual transfers
in are 48 % of budget at this time,
Expenses are in line with the budget.
General Fleet Maintenance -
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Description
.Iin $1.000s1
Beginning Cash Balance
Revenue
Expenses
ENDING CASH BALANCE
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FY94
Budaet
$186
1,071
-1.086
$171
=
FY94
Actual
@ 12/31/93
$186
516
-532
$170
FY94
% of
Budaet
48%
49%
.
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12/31/92
Actual %
to Total
FY93
Actual
54%
52%
This fund accounts for the maintenance on all City vehicles except the Transit Division,
Revenues are generated from charge backs to all City departments and divisions based on
vehicle usage and in some cases actual repair costs, Revenues and expenditures should be
in line with the budget by fiscal year end.
Eauioment Reolacement Fund -
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Beginning Cash Balance
Revenue
Expenses
ENDING CASH BALANCE
(~: ~~-
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--~--- .
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Budoet
$1,268
746
-808
$1.206
FY94
Actual
@ 12/31/93
$1,268
309
.64
$1.513
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FY94
% of
Budaet
41%
8%
. '. .
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FY93
Actual
@ 12/31/93
$42
166
-125
$83
FY93
Actual
@ 12/31/93
$250
565
-558
$256
=
FY93
Actual
@ 12/31/93
$1,687
385
.736
$1.336
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Actual %
to Total
FY93
Actual
52%
92%
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This fund accounts for the majority of all City purchases for vehicles, Revenues are generated
from charge backs to all City departments and divisions based on the cost to replace the
vehicles,
Revenues totaling $308,862 are 41 % of the FY94 budget of $745,700, 90% of the FY94
revenue budget comes from chargebacks to all departments,
Expenses totaling $64,063 are 8% of the FY94 budget of $807,575,
Central Supplv & Print Shop -
12/31/92
Actual' %
FY94 FY94 FY93 to Total
Description FY94 Actual % of Actual FY93
Jin $1.000st Budqet @ 12/31/93 Budqet @ 12/31/93 Actual
Beginning Cash Balance $196 $196 $175
Revenue 446 155 35% 137 48%
Expenses -459 -160 35% -139 46%
ENDING CASH BALANCE $184 $192 $173
=
This fund accounts for the centralized purchase of supplies, in-house printing, radio
maintenance and the purchase/lease of City-wide copy and fax machines, Revenues are
generated from charge backs of supplies used, actual print jobs, copier/fax use and radio
repairs,
Expenses are in line with the budget except for capital outlay, Only $4,265 or 9% of the
capital outlay has been spent so far this fiscal year.
Road Use Tax Fund -
12/31/92
Actual %
FY94 FY94 FY93 to Total
Description FY94 Actual % of Actual FY93
Jin $1.000s1 Budqet @ 12/31/93 Budqet @ 12/31/93 Actual
Beginning Cash Balance $3,816 $3,816 $3,190
Revenue 3,206 1,720 54% 1,635 51%
Expenses -5.104 -2.240 44% -1 .534 29%
ENDING CASH BALANCE $1.918 $3.295 $3.291
Revenues totaling $1,719,631 are 54% of the FY94 budget of $3,206,376, State Road Use
Tax (RUn revenue is budgeted at $52 pe'r capita. Actual receipts for the six months total
$1,690,550 or approximately $56.60 per capita. The balance of revenue comes from interest
income.
Expenditures include transfers to the General Fund to pay for the cost of the Traffic
Engineering and Streets Divisions and funding for Capital Improvement Projects (CIP).
Transfers to the General Fund are net of any other revenue received by the Traffic Engineering
and Streets Divisions within the General Fund. Actual transfers to Traffic Engineering totaling
$355,719 are 43% of the FY94 budget of $828,000.
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Actual transfers to Streets totaling $643,960 are 40% of the FY94 budget of $1,615,000.
..""
,
, Revenues totaling $1,695,576 are 52% of the FY94 budget of $3,286,353. Property tax
revenues are approximately 84% of the FY94 budget. $1,408,304 or 51 % of the FY94
property tax revenue budget of $2,762,942 has been received through 12-31-93. The
majority of property revenue is received twice a year, approximately 50% in October and 50%
in April. This coincides with the due date of property tax bills from property owners,
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Expenses totaling $1,669,698 are 51 % of the FY94 budget of $3,286,727. The major
budgeted expense is a transfer out to the General Fund. The transfer pays for the benefits
of employees in the General Fund. The employer share of FICA, IPERS, Police/Fire Pension
health premiums, etc,
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Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$3500
$3000
$2500
$2000
$1212
$1500
$1000
$500
. .$37~..""",.",
$119
$0
Cash Balance
II Budget 0 Actual
FY94 BTC Operations
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$500
$400
$300
$236
$200
.. .. .. ..$~9
$100
$0
Cash Balance
I Budget 0 Actual
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$300
$250
$200
$150
$100
$1200
$1000
$800
$600
$400
$200
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Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$50
$0
, 65%
Revenues Cash Balance
I Budget 0 Actual
FY94 General Fleet Maintenance
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$0
Cash Balance
II Budget 0 Actual
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Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$1600
.....,.,.....",...".,.......,..".,.........,...,
$1400
$1200
.........,....,.....,.......,.,',.,.."...
$1000
. , ' , 5746 ' ' , . , ' , , , , , , , ' ,
$800
$600
$400
$200
$0
Cash Balance
II Budget 0 Actual
FY94 Central Supply & Print
Budget to Actual Comparison
for the Six Months Ending 12/31/93
,
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Thousands
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r~
$400
j'
$300
$200
",. ," , , , " , , ,$164", ,,~1,9~, ,,"
$160
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$100
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Cash Balance
II Budget 0 Actual
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$6000
$5000
$4000
$3000
$2000
$1000
$3500
$3000
$2500
$2000
$1500
$1000
$500
FY94 Road Use Tax
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$5105
$0
"...,......'...,....
Cash Balance
I Budget 0 Actual
FY94 Employee Benefits
Budget to Actual Comparison
for the Six Months Ending 12/31/93
Thousands
$0
.".."..............,.,..,.....
, . , , . . . . , . . , . . , . , . , , . . . , . . . , , . . ,
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Revenues
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,
To:
City Council
Steve Atkins
Jim Throgmorton
February 8, 1994
Budget
From:
Date:
Subject:
The proposed budget is long, detailed, and quite complicated, and I do not
claim to understand it as thoroughly as I would like, Consequently, I do not
want to propose many changes in it, I do, however, have a small number of
specific suggestions that I would like to offer for your consideration,
1, Economic IJgyclQpment, The budget targets $50,000 for ICAD. My
sense is that ICAD's promotional policies are too narrow, too plivate,
and too locked in to the game of corporate blackmail that cities and
states across the counny are being forced to play, ICAD needs to be
replaced by an entity that reflects more fully the diversity of the Iowa
City community (including business, labor, neighborhood associations,
and the environmental community), is more publicly accountable for
its work, and pursues an economic development agenda that is more
compatible with Iowa City's needs, Accordingly, lpmpose to eliroinat~
fundiog for I.cAIl.and to replace it with an e_ent amount for a
llID!LEconomic ~ment Commission, This 7-member
Commission would be established by the Council and would seek to (1)
define Iowa City's economic development needs, (2) establish a
program for responding to those needs, and (3) seek Council approval
of specific activities deriving from that program. It would draw on
University expertise to analyse existing employment,
underemployment, and poverty patterns, and to devise a program
designed to improve those patterns,
2, Water Efficiency~gement, When combined, water
and wastewater expenses accounted for just under 19 percent of the FY
94 budget. They will account for just over 28 percent of the FY 96 and
97 budgets, Furthennore, they account for just under 69 percent of the
seven-year capital improvements program, Lpmpose that we ind~
our intention ~te a sigulficant amount of funding to water
conselVation and waterslllij mana~ment. Pending completion of our
deliberations about the water plan, I would suggest $2 million and $1
million respectively. Included In this amount would be funds
sufficient for purchasing an older single-family home, transfonning It
Into a model of water and energy efficiency, and renting It to a lower
Income family,
3. The CIP Includes
funds for widening Dodge ($1.262 M, 1997) and extending Scott
Boulevard north ($2.015, 1996), (Does the new East-West arterial refer
38
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To:
City Council
Steve Atkins
Jim Throgmorton
February 8, 1994
Budget
From:
Date:
Subject:
The proposed budget is long, detailed, and quite complicated, and I do not
claim to understand it as thoroughly as I would like, Consequently, I do not
want to propose many changes in it. I do, however, have a small number of
specific suggestions that I would like to offer for your consideration,
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1, .Economic ~ment. The budget targets $50,000 for ICAD. My
sense is that ICAD's promotional policies are too narrow, too private,
and too locked in to the game of corporate blackmail that cities and
states across the country are being forced to play, ICAD needs to be
replaced by an entity that reflects more fully the diversity of the Iowa
City community (including business, labor, neighborhood associations,
and the environmental community), is more publicly accountable for
its work, and pursues an economic development agenda that is more
compatible with Iowa City's needs, Accordingly, Lpmpose to elJminate
iYlliiing for ICAD and to replace it with an eqYiYaJent amount for.a
~conomic IleYclQpment Commission, This 7-member
Commission would be established by the Council and would seek to (1)
define Iowa City's economic development needs, (2) establish a
program for responding to those needs, and (3) seek Council approval
of specific activities deriving from that program. It would draw on
University expertise to analyse existing employment,
underemployment, and poverty patterns, and to devise a program
designed to improve those patterns.
"
2. Water E(ficiency~g(i)ment. When combined, water
and wastewater expenses accounted for just under 19 percent of the FY
94 budget. They will account for just over 28 percent of the FY 96 and
97 budgets. Furthennore, they account for just under 69 percent of the
seven-year capital improvements program. lpmpose tbat we inclka1e
our intention tu..Mdicate a significant amount of funding to watec
conservation and~ mana~ment. Pending completion of our
deliberations about the water plan, I would suggest $2 million and $1
mlllion respectively, Included In this amount would be funds
sufficient for purchasing an older single-family home, transfonnlng It
Into a model of water and energy efficiency, and renting it to a lower
income family,
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funds for widening Dodge ($1.262 M, 1997) and extending Scott
Boulevard north ($2.015, 1996), (Does the new East-West arterial refer
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to the connection of North Dodge and Scott Boulevard, or is that for
connecting Scott and Hwy 2187) I cannot support the extension of Scott
Boulevard without first modifying our plans for the area northeast of
Hickol)' Hill Park. The modification I have in mind includes
withdrawing the idea of extending First Avenue north and developing
the area immediately northeast of the Park for passive recreational
uses, This could be accomplished either through direct purchase,
establishment of a community land trust, negotiation of a conservation
easement, or some other more effective approach,
4, ~ystem Management Program. A fundamental
problem I see in the proposed budget is that it is skewed toward
investment in new capital facilities and away from using existing
facilities more efficiently and fairly, The proposed water plant
exemplifies this point most clearly, but the point applies to the
construction or widening of roads as well, If we really want to improve
the quality of life in Iowa City, then we need to spend the taxpayers'
money more wisely, That means investing in non-structural
approaches to managing the demand for roadway capacity, By using
Transportation System Management (TSM) measures, we can reduce
peak hour traffic volumes and thereby reduce the need to widen roads,
The need for additional parking and for widening streets is in large part
a direct function of peak demand (rush hour), which in turn is largely a
function of the commuter parking policies of the University and other
major employers. I would like to see the budget revised to include
$50,000 (drawn from the Parking Reserve Fund) for promotion of TSM
measures, to include a "general travel allowance" policy for major
employers,
5, ' I don't think we need to spend $240 K (CIP,
1995) for suburban mall style soccer fields, Better to disperse them
throughout the city,
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FV95 ADDITIONAL POSITIONS REQUESTED
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POSITIONS REQUESTED
INCLUDED IN PROPOSED FY96.FY97
OEPT JOB TITLE FTE WAGES BENEFITS TOTAL
City Attorney Aost City Atty 1.00 29.126,79 10.219,80 39.346,59
'Gsnersl Fund Sublotsl 1.00 $29.126,79 $10.219,80 $39.346.59
POSITIONS REQUESTED
NOT INCLUDED IN PROPOSED FY96.FY97
DEPT JOB TITLE FTE WAGES BENEFITS TOTAL
Building Inspsotions Building Inspsotor 1.00 27.816,19 10.012,67 37.826.76
Housing Inspeclions Housing Inspeclor 1.00 26.259.43 9.794,66 36.054,09
Osls Processing Operetions Clerk. O,P, 0,50 11.491.88 4.598,47 16.090,35
Dels Processing Progremmer/Anslysl 0,50 15.659,00 3.462,07 19.121.07
Foreslry , MW I - Foreslry 1.00 21.005,38 9.046,54 30.051.92
library Circulslion Coordinetor 1.00 38.789,15 11.598,52 ' 50.387.67
Police Admin, Admin Clerk Typist 1.00 22.983,76 9.332,70 32.316.46
Police Emergency Comm, Emergency Comm Oispelcher 1.00 23.199.98 9.358,34 32.558,32
Police Emergency Comm. Emergency Comm Oispslcher 0,50 11.599.99 4.607.17 16.207,16
Police Pstrol Police Officer 3,00 76.281.00 18.257,58 94.536.58
Recrestion Program Supsrvisor 0,50 15.010,60 5.074,66 20.065,46
Senior Center Assl Voluntesr Speciolisl 1.00 27.616,19 10.012,57 37.826.76
Ssnior Csntor Clerk Typist 0,50 10.502,69 4.457,26 14.959,95
Traffic Enginesring Engr Tach. Traffic Engr 1.00 21.697,26 9.139,94 30.637,22
Treasury Clerk Typist 0,50 10.502,69 4.457,26 14.959,95
'Gsneral Fund Sublotal 14,00 $360.615,41 $123.210,33 $463.625,74
Wastewstor Trml Engr Tech - Wwtf 1.00 25.545,92 9.690,56 35.236.46
Wastewster Trml MW II . Waslawsler Trml 1.00 22.410.79 9.244,03 31.654,82
'Waslewsla, Fund Subtots! 2,00 $47.956,71 $16.934,59 $66.891,30
.. All Funds Total 16,00 $406.572,12 $142.144,92 $550.717,04
POSITIONS APPROVED BY COUNCil/RESOLUTION
AFTER FY94 ADOPTED lINCLUDED IN PROPOSED FY95.FY97)
OEPT JOB TITLE FTE WAGES BENEFITS TOTAL
Assl. Housing Construction Inspeclor 1.00 27.816,19 10.020,34 37.836,53
Cily Clsrk Admin Clsrk Typist 1.00 24.491,87 9.552,60 34.044,67
Cily Clsrk Clerk Typist/ Minute Tsker 0,25 6.345.94 980.67 7.326,61
Engineering Civil Enginesr 1.00 32.886.45 10.735.66 43.622,33
Police Rscords Clerk Typist 0.50 11.564,31 4.605,05 16.189,36
'Gsnersl Fund Sublotal 3.75 $103.124,76 $35.894,74 $139.019.50
Parking{Transil Parking{Transit Oireclor 150/50 alloc, 1.00 $60.213.98 $14.680.76 $74.894.74
WeIer MW I . WeIer Cusl Service 1.00 22.227,00 9.219.21 31.446,21
Welar MW I . Welar Cusl Service 1,00 22.227,00 9.219,21 31.446.21
WeIer Public Info/Eduo Coord, 1.00 27.718.89 9.999.44 37.718,33
WeIer Sr MW . Cusl Ssrvice .1.00 (38.962,121 112.352,681 (51.314,801
'WeIer Fund Sublols! 2.00 $33.210.77 $16.085,18 $49.295,95
.. All Funds Totel 6,75 $196.549,51 $ 66.660.68 $263.210.19
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Memorandum from Mayor Horowitz to the Conference Board members regarding
City Assessor's Budget.
Copy of letter from Mayor Horowitz to the Mayor of Philadelphia ~;(
regarding installation of curb ramps.
Memorandum from Council Member Kubby regarding bicycle issues.
Memorandum from the City Clerk and Assistant Finance Director regarding
Internet.
It'IS7 flu/' a.S5(jne
Copy of letter from Governor Branstad to the City Attorney regarding ~ 2?
the Congress on the Environment,
Memorandum from the City Engineer regarding Woolf Avenue bridge predesign
meeting,
Copy of letter from George Dane regarding selection of the Iowa City
Police Department for an award.
Agendas for the meetings of February 8 and February 10, 1994 of the
Johnson County Board of Adjustment.
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City of Iowa City
MEMORANDUM
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DATE: February 11, 1994
TO: City Council
FROM: City Manager
RE: Material in Information Packet
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Memorandum from the Director of Planning and Community Development
regarding Manufactured Housing Park Project/Eagle-Towncrest rezoning
issue.
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Memoranda from the City Attorney regarding
a. Clarification of Media Statements concerning Advertising
for Housing; Discrimination Laws
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MEMO TO COUNCIL ONLY:
Memorandum from the Assistant City Engineer regarding Teg Drive/ ,
Aber Avenue. '
Agenda for 2/15 Informal meeting of the Board of Supervisors.
Meeting Notice for Statuatory Corom. to fill vacancy on 'Board of Supervisors,
on 2/15/94.
Memo from PW Dept. & Finance Dept. regarding Water Project - response to
Council Information Request. '-/~ &j
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February 11, 1994
Information Packet
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the Travel Reduction Program. )I~
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, City of Iowa City,
MEMORANDUM
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Re:
February 7, 1994
Conference Board
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Susan M, Horowitz, MaYOr,,~~'1.... ~h-
Assessor's Budg~t - Con;erence Board Debate (7
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While listening the other evening to the discussion and debate over compensation and other
salary issues associated with the Assessor's Office, it seemed that the issue lacked focus and
the Conference Board was busy comparing/contrasting wages/benefits of all our respective
jurisdictions. A compensation policy for the Assessor's Office personnel seemed nowhere to be
found, Recognizing the Assessor's Office is in a somewhat unique budget and a reporting
pqsition, the problem of administrative policies/procedures is compounded, If such formal policies
exist, I am unaware of their existence, We hear discussion of the negotiations/settlements with
respect to teachers, those with County employees, and those with the City, and we are left with
appearance that the Assessor's Office may be taking bits and pieces of each and deciding their
'compensation plan, While I do not believe this to be a deliberate decision, it seems to be
evolving in such a fashion. Furthermore, I recognize one of us, as an individual cannot exercise
authority; however, I feel obligated to comment and offer some suggestions, If we are to
determine compensation and further determine whether the positions are' classified properly, fulfill
all federal pay and compensation laws and obligations, I believe some form of a study should be
utilized to establish a basis for Assessor's Office compensation, The discussion of the new
position, although appearing to have support, I believe needs a job description and understanding
of job duties before assigning compensation. Also we have no formal performance review of the
Assessor nor am I aware of the review policies by the Assessor of his employees.
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I would encourage the Conference Board to direct that some form of classification/compensation
study be undertaken for Assessor's Office employees, provide adequate job descriptions and in
general establish some personnel policies. I spoke with our city staff and I believe they can be
helpful. If the Board would prefer one of the other jurisdictions, that would also seem to be
acceptable, but I do believe we need some type of personnel policy for the Assessor's Office.
nslstudy
cc: City Manager
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Recently in the National League of Cities Weekly, your community asked for support from other
communities concerning installation of curb ramps at the time of street reconstruction,
specifically some type of waiver or other legal interpretation to allow greater discretion on the
part of municipalities, My community has for many years encouraged the installation of curb
ramps, primarily due to what I believe to be our interest in allowing our physically challenged
citizens to move about more freely in our community, With the advent of the Americans with
Disabilities Act, it appears to reaffirm our position in the form of a national goal, While we
cannot support your call for providing support/assistance for your efforts, I would like to believe
we understand the severity of your community's financial problems, We, too, have similar
financial concerns as the State Legislature has frozen our major source of revenue, the
property tax. However, we believe the community must aggressively, within our resources,
pursue ADA compliance such as the installation of curb ramps. The ADA must be a priority,
An appreciation for your position has been noted by my City Council, but we must respectfully
decline from any involvement in the litigation which, in our judgment, would diminish a national
initiative to improve the mobility of our physically challenged citizens,
Sincerely,
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Susan M, Horowi~
Mayor
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February 4, 1994
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Edward Rendell, Mayor
City of Philadelphia
City Hall - Room 215
Philadelphia, PA 19107
Dear Mayor Rendell:
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CITY OF IOWA CITY
no EAST WASHINOTON STREET' IOWA CITY. IOWA lIUO,II16' IllI) ll6.l000. FAX Il19) ll6,l009
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Karen Kubby
CllY COUNCIL MEMBER
Civic Ceriter
410 E, Waehlngton St,
Iowa City, IA 52240
(319) 356.5010
(319) 356.5009 (F!\tj
Re!lldence
728 2n~ Avenue
Iowa City, IA 52245
(319) 338.1321
~.M....
CITY OF IOWA CITY
Printed on 1007.
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post.coneumer flbere
*
MEMORANDUM
To: city council
From: Karen Kubby
Date: 9/8/93
Re: bicycle issues
Recently, some thoughts have occurred to me or
have been suggested about bicycle issues. I
thought I'd put them down on paper so council can
think about these ideas, and add to them. I
request that we spend a portion of an informal
meeting discussing these issues.
BIKE RACKS/LOCKERS
I received a few calls from people who saw the
recent articles in the PC and DI about the city
starting to consistently enforce our bike rack
laws. They were concerned that people would stop
riding their bikes and begin driving their cars
again because of the unavailability of conveniently
placed bicycle racks. I share these concerns. My
observations that the racks near the corner of
Dubuque and Washington are frequently full. Can we
install more racks?
Someone mentioned to me,that the rack in front
of First National Bank doesn't appear in the
process of being replaced. Is this city right of
way? Who decides these specifics? If we are going
to be "newly" enforcing these laws, it seems we
have an opportunity to also make sure biking is
made convenient and make it easy to park bikes
legally. Maybe issuing warning tickets for the
first 60 days as well as signage downtown by
current racks and in places people use as racks
would be in order. We need to make sure people are
aware of our ordinances.
I've seen enclosed bike lockers in the downtown
areas of Madison and Minneapolis. They allow an
additional level of safety and protection of the
vehicle during inclement weather. In national
surveys I've read, not having a covered place to
store bikes during the workday is the largest
barrier for people choosing to commute to work by
bike regularly. I I d like to explore the
possibilities of installing a set of lockers in the
downtown area and in the three downtown parking
ramps. Maybe we could collaborate with the U of I
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in purchasing some and they could install them in the Pentecrest
area as well as their parking ramps.
Maybe Charlie Denney could contact these cities to get some
feedback on their experience with these facilities.
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PLANNING FOR BICYCLE USE IN ,OUR ZONING CODE
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currently we have a formula for figuring out required parking
spaces for cars in various zones. We could also require bike racks
per unit as we do for cars. I'd like to see this for businesses as
well as residential zones. Doing this can create the atmosphere
that Iowa city supports and expects that people will ride their
bikes and we are making it convenient. The atmosphere helps create
the attitude which can change how people make their transportation
choices.
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[Please forward any comments, additions, ideas, etc. to me 'at the
address-chose one-on the front page. Feel free to call me if
that's easier.]
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cc: Steve Atkins
Charlie Denney
Larry Wilson (RNAC)
Casey Cook (FIRST)
Terry Dahms (FIRST)
Rudy Kuenzli
Bonnie Rubin (BIC)
Greg Kovaciny (BIC)
Ron Vogel
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FEEDBACK
Greg K: ,( 9-20-93 ) Agrees with enforcement of traffic regulations
for bicyclist if done evenhandedly and consistantly, Suggests that
current city bike racks are of poor design and lead to bent rims
etc. Need more racks downtown. study from Clark Associates for
the UI is back in draft form, don't know when it'll be finalized.
Charlie Denney should get a copy. city and UI need to have it's
strategies coincide policy-wise and infrastructure-wise. study may
come back with some suggestions which are within the juristiction
of the City.
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9-21-93 I noticed when walking by Mercy's parking ramp, that they
had bicycle racks INSIDE the ramp near an exit. There was some
comment made that racks and 'ramps are incompatible due to safety
considerations. I wonder what the experience at Mercy has been.
I'll ask Charlie Denney to inquire. By the way, there were bikes
parked in the rack in the ramp.
9-21-93. RJ Winkelheke: suggests racks in ramps near where the
handicapped parking spaces are and city vehicles. There's more
room in this area of the ramp.
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MEMORANDUM
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Date: February 11, 1994 '
To: Honorable Mayor and City Council
From: Marian K, Karr, City Clerk
Kevin O'Malley, Assistant Finance Director
Re: Internet
After further review of Internet, there are two options to provide access to Internet. Attached are
diagrams which visualize the two options, from the book The Whole Internet Cataloq and User's
Guide, Figure 1-1 would, at a higher cost, provide on-line, real-time access to all Internet
resources, In addition to its higher cost, this option raises security concerns. If Council wishes
to proceed with providing the minutes on Internet, our recommendation is to select Figure 1-2,
which would accomplish the current request to provide minutes posted on Panda. This latter
option is the same method that the Johnson County Auditor's Office employs and is the least
costly to acquire and support.
Hardware costs for a dial-up Internet connection would total approximately $500 (modem, analog
phone line). We recommend that the minute taker's computer be upgraded at a cost of $2,500.
We are currently performing an assessment regarding support issues and related costs, and
recommend providing minutes only as a service on Internet and are not prepared to provide
interactive use'at this time.
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City of Iowa City
MEMORANDUM
Date: February 8, 1994
To: City Council
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Re: Manufactured Housing Park Proj cV Eagle-Towncrest Rezoning Issue
In January, the City Council approved the Amended Supplemental CDBG Program Statement
which provided a budget for allocation of 1993 Flood Disaster Relief funds, $280,000 was
allocated for acquisition of land for manufactured housing development. On January 18, the
Council also deferred consideration to April 12 of the rezoning of the Towncrest Mobile Home
Park at the developer's request; the Council then requested periodic updates on progress made
in coming up with a resolution of th~ housing issues associated with the rezoning request. '
The Community Development Division staff has been working on a proposal for facilitating a
public/private partnership between the City and a manufactured housing park developer to provide
a park for up to 230 owner-occupied and rental manufactured housing units, These units will be
primarily for people of low to moderate income and will provide a relocation option for mobile
home residents currently residing in the floodplain or within Towncrest mobile home park. A
Request for Proposal (RFP) (allached) was mailed Friday, February 4to various developers who
have already expressed an interest in developing a new manufactured housing park within Iowa
City, A press release on the RFP has also been provided to the media and a display ad will be
run in the near future, Responses to the RFP are due by 5:00PM, Tuesday, March 1, 1994.
Property owners of potential park sites have also been contacted.
The RFP describes a park that will be compatible with surrounding properties, will have adequate
open space, buffers, play areas, and storage areas. A centrally located community building for
such activities as a severe weather shelter, a day care center, and a laundry is also envisioned.
Since federal funds will support a portion of this project all units must meet HUD manufactured
housing standards and must be manufactured after June 15, 1976. As a consequence, none of
the units from the Towncrest Mobile Home Park can be moved to this project. However, we
anticipate a program whereby lots may be available and assistance given to residents who may
wish to relocate. Oakridge Properties (Eagle Food Centers) will have the opportunity to be a
financial partner in this endeavor if they so chose, however the primary partner will need
experience in the development and management of manufactured housing facilities.
Since the Council's January 18 meeting, Oakridge Properties has contacted residents of
Towncrestto discuss their needs and concerns (copy of leller allached), Oakridge Properties has
also been in touch with a prospective developer of a new park, indicating their interest in
contributing to such a development.
As our efforts to enter a partnership to address this aspect of housing in Iowa City unfold, we will
keep the Council apprised,
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CITY OF 10 WA CITY
DATE: February 4,1994
REQUEST FOR PROPOSAL: Manufactured Housina Park
NOTICE TO DEVELOPERS: Sealed proposals will be received at the Office of Planning and
Community Development until the time and date specified below for:
Manufactured Housing Park, Iowa City, Iowa
ADDRESS PROPOSALS TO: Attention of the Community Development Coordinator, 410 East
Washington Street, Iowa City, Iowa 52240, on or before the tim~ and date specified below.
Proposals shall be sealed and clearly marked on the front with reference to the specified
proposal title. No FAX proposals will be accepted.
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PROPOSALS DUE: 5:00 P,M" Tuesday, March 1,1994,
FOR QUESTIONS CONTACT:
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The City of Iowa City
Civic Center
410 East Washington Street
Iowa City, IA 52240
Steven Nasby
Associate Planner
(319) 356.5248
Monday-Friday, 8:00 a:m, - 5:00 p,m,
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Section I
Section II
Section III
Section IV
Section V
Section VI
Background Information
Objectives
Project Specifications
Content of Proposal
Other Proposal Requirements
Selection Process
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SECTION I: BACKGROUND INFORMATION
The City of Iowa City wishes to facilitate the developm~nt of a site for Manufactured Housing
(MH) in partnership with the private sector, This particular project is being undertaken for
several reasons, the most compelling being the lack of affordable housing within Iowa City,
The 1993 flood damaged two mobile home parks. The damage to MH units within these
parks was significant and in order to mitigate future hazards the City would like to offer an
opportunity for those residents who live within the flood plain to relocate. Finally, a recent
re-zoning request brought attention to this issue and the need for additional MH lots,
SECTION II: OBJECTIVES
The goals of this project are two-fold; to increase the number of MH lots affordable to low
and moderate income households and to provide an opportunity for residents to relocate out
of the f1pod plain, It is the intention of the City that this project will provide housing
opportunities for households with a mixture of incomes within the low-moderate range (see
Appendix A), Affordability and the quality of the design are the keys to this project. In order
to develop a MH site and make it affordable, the City is proposing to participate financially to
help support private sector development. This public-private partnership will benefit both
parties and achieve the goals stated above.
SECTION III: PROJECT SPECIFICATIONS
The City proposes to acquire and rezone a parcel of property for the development of a MH site
containing 160-230 lots. The cost of the land, not to exceed $320,000, and $100,000 for
the development of a Community Building will be provided by the City of Iowa City.
All other costs, such as design, infrastructure and improvements, and on-going management
and maintenance will be the responsibility of the proposer, The design of the site will be
subject to City approval. As stated above, the site will also contain a centrally located
Community Building which may be utilized as a severe wGather shelter, a Day Care Center,
general activity center, laundry, etc.
It is the desire of the City that a portion of the developed site (minimum of 15%) will be
reserved for individually owned lots, Ownership of this portion of the site will be retained by
the City of Iowa City in the short-term and eventually be transferred to individual ownership
by low-moderate income occupants, An additional portion (approximately 10% of the lots)
can be privately marketed and sold to individual owners by the developer, The actual number
of owner-occupied lots will be negotiated between the developer and the City, Permanent
foundations will be required for all of the individually owned lots, Ownership of the remaining
property (rental lots) will be assigned to the developer.
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Since the City of Iowa City is proposing to invest both federal and local funds in this project,
certain regulations in addition to local ordinances are applicable, The most important of these
are as follows:
1, The U.S. Department of Housing and Urban Development (HUD) annually
establishes Fair Market Rent (FMR) figures for Iowa City, These FMRs apply to all
housing projects which are assisted with federal funds, For this project, a minimum
of 50% of the rental units must be rented at or below the current FMR figures, At
present, the FMR figures for MH lots are $120/month for a single-wide pad and
$136/month for a double-wide pad, These figures are below the existing market rate
in Iowa City, which is why public participation is being offered to help develop this
new MH site. (NOTE: FMR figures include pad rent and trash collection, On-going
utilities such as water and sewer fees are not included in the FMR figures,)
2, The term of affordability shall be for a minimum of 15 years,
3. All MH units which are to be moved to this new site must meet HUD Manufactured
Housing Standards. As such, no unit manufactured before June 15, 1976, will be
permitted on this site,
4. The City desires that the developer work with the Iowa City Public Housing
Authority and/or other agencies regarding rent assistance programs for low income
persons,
5, The design and development of the site must meet or exceed City code and zoning
regulations, Please reference the City of Iowa City Zoning Ordinance and Section 22
of the City of Iowa City Code of Ordinances for specific information or contact the
Iowa City Planning Department and Department of Housing & Inspection Services,
Other federal, state, or local regulations will be reviewed in detail with the developer
when the project is awarded.
6. The design of the site must be compatible with surrounding single-family residential
neighborhoods, and include appropriate open space, play areas, buffers, and storage
areas,
SECTION IV: CONTENTS OF PROPOSAL
All financial information provided within this section will be kept confidential. The proposal
shall at a minimum contain the following:
1. A description of qualifications, experience and resources as they relate to
Manufactured Housing site design, operation and management. Any covenants
currently used by the proposer should also be included,
2, A list of similar project or projects (with addresses) he/she has worked on within the
last ten years, including a contact person, names, addresses and phone numbers of
references, References should include names of park tenants where possible,
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3. An estimate of lot sizes, number of pads for owners, number and size of pads at
FMR, and number of pads at market rate rents,
4, The approximate percentage of land to be available for open space, storage, etc,
5, The proposal shall include a cost estimate separated into the following project
elements. (water, sewer, pads\foundations, landscaping, management fees, projected
annual operation and maintenance expenses)
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6. The proposal shall include a time schedule for the project.
7. Estimated rent figures for market rate lots, and if applicable, cost of privately
marketed lots.
SECTION V: OTHER PROPOSAL REQUIREMENTS
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1, Each proposer shall examine the Request for Proposal document and determine the
adequacy of all statements, Any inquiries, suggestions or requests concerning
interpretation, clarification, or need for additional information pertaining to the RFP
shall be made through Steven Nasby, Associate Planner, City of Iowa City, The City
shall not be responsible for oral interpretations given by any other City employee,
representative or others. The issuance of a written addendum is the only official
method whereby interpretation, clarification, or additional information can be given,
If any addenda are issued to this Request for Proposal, the City will attempt to notify
all prospective proposers who have secured same, However, it shall be the
responsibility of each proposer, prior to submitting the proposal, to contact Steven
Nasby to determine if any addenda were issued,
2, An original and three copies of the 'completed proposal shall be submitted,
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3, Proposal shall clearly state the legal name, address, telephone number, and FAX
number of the proposer (corporation, firm, partnership, individuall, The proposal shall
be signed above the printed or typed name and title of the signer,
4, All expenses for making proposals are to be borne by the proposer,
5, The City reserves the right to accept or reject any or all proposals, to waive
irregularities and technicalities, and to request resubmission,
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SECTION VI: SELECTION PROCESS
A, Selection Criteria
The City desires to award a contract to the proposer who demonstrates the best combination
of attributes to develop and manage the Manufactured Housing Park, The City's criteria for
selection will include, but are not limited to:
1. Ability to provide the type and quality of services that will best meet the needs of
the City,
2, Organization, size, and structure of the firm.
3, Experience and qualifications of the proposer (individual, firm, corporation),
4. References,
5. Number of lots committed to the City for ownership and number of lots to be rented
at or below the current FMR figures, .
B, Selection
Based upon an evaluation of proposals submitted, the City may select finalists who may be
required to participate in interviews, including key personnel designated for the proposal, and
make formal presentations regarding their qualifications, and their ability to furnish the
required services to best meet the needs of the City. Formal presentations will be scored and
evaluated by a' committee, The evaluation committee will then make a recommendation to
the City Council for final approval. The City is not obligated to enter into a contract.
, C, Contract for Project Completion
1, The proposer chosen shall be required to enter into a formal agreement/contract
with the City. Any agreement or contract resulting from the acceptance of a proposal
shall be on forms either supplied by or approved by the City and shall contain, at a
minimum, applicable provisions of the Request for Proposal. The City reserves the
right to reject or modify any agreement which does not conform to the Request for
Proposal and any City requirements for agreements and contracts,
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MANUFACTURED HOUSING PARK'
REQUEST FOR PROPOSAL MAILING LIST
" 1. The Stevens Company
Joanne Stevens, Broker
;' 211 -1st Avenue SE
,
'Cedar Rapids, IA 52401
2. Byers & Happel
Mr, Larry Sharp
211 - 1st Avenue SE
Cedar Rapids, IA 52401
3, Hames Mobile Homes
Mr, Curtis Hames
631 Hwy 1 West
Iowa City, IA 52246
4, Wolf Construction Company
Mr, Robert Wolf
2920 Industrial Park Road
Iowa City, IA 52240
5, Mr, Dean Oakes
P,O, Box 14565
Iowa City, IA 52244
6, George Thomas
~ P,O, Box 949
k Iowa City, IA 52244
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Mr. Bradley L. Lee
, 11506 Nicholas
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'I ' Omaha, NE 68154
! I~ 8. Hilltop Mobile Home Park
I Mr, Mike Dahlen
I 2018 Waterfront
II Iowa City, IA 52240
I 9, The Cedar Rapids Gazette
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I~~ Mr, Timothy Connors
Cedar Rapids, IA
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10, ,Farmers State Bank
Mr. James Mollenhauer
1240 8th Avenue
Marion, IA 52302
11. KVN Architects - Planners
Mr. Art Koffron
1910 S. Riverside Drive
Iowa City, IA 52240
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OAKRIDGE
PROPERTIES ~
February 2, 1994
Alvin Nielson
2312 Muscatine Avenue
#7E
Iowa City, IA 52240
Dear Towncrest Resident:
As the owner/tenant of your residence in Towncrest, I am sure you are aware that Eagle'
Food Centers, Inc. wishes to build a supennarket on this site. All parties involved have a
genuine interest that you as a resident ofTowncrest not be suddenly displaced by the
project. This includes the City ofIowa City, the owners ofTowncre,st and Eagle, Both
the Planning and Zoning commission, as well as the City Council have wrestled with the
problems we all face,
The purpose of this letter is to request an opportunity to meet with you to discuss your
specific needs and concerns, We ask to do this at your convenience, As a resident of the
Quad Cities, I must drive to meet with you, I will be in Iowa City February 10th and 11th,
Oakridge Properties, LTD. is an agent ,of Eagle Food Centers, fnc, My office is located
at Eagle's headquarters. Please call or write to schedule a time if you wish to discuss any
matters with me, Feel free to call collect (309)787-7652 or write to the following address:
Eagle Food Centers, Inc,
P,O. Box 6700
Rock Island, IL 61024
Sincerely,
OAKRIDGE PROPERTIES, LTD,
~~Mf
Rockne Brosman
RB/mp
cc: Monica Moen, City ofIowa City
Mike Camp, Towncrest Mobile Home Park
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385 Airport Rd, Suite 0
Elgin. Illinois 60123
Fax 708-697,9788
Phone 708-697,9787
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City of Iowa City,
MEMORANDUM
Date: February 11, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Gentry, City Attorney
Re: Clarification of Media Statements Concerning Advertising for Housing; Discrimina-
tion Laws
As you can see from the attached memo from Anne Burnside, First Assistant City Attorney,
Chapter 18 of the Iowa City Code of Ordinances generally prohibits discrimination in housing
transaction, where that discrimination is based on the following "protected classes:"
Age
Color
Creed
Disability
Marital Status
National Origin
Race
Religion
Sex (gender)
Sexual Orientation
Presence or absence of dependents
Public Assistance source of income
However, there are certain narrow exceptions to this general ban:
1, Advertising restrictions baseq on sex, meaning gender, such as "female seeks two female
roommates," is not discrimination where the tenants or residents wi!1 share a common
bathroom facility on the same floor of the building, Section 18-S2(b)(4), Iowa City Code
of Ordinances.
This exception is self-explanatory, and only applies to the "protected class" of gender/sex.
It does not apply to the other "protected classes" listed above, Section 18-S2(b)(5), Iowa
City Code of Ordinances,
Advertising for various "protected classes," is not discrimination but only if the following
facts exist:
a.
The property is owner-occupied, and an owner is defined as someone who owns
at least a 50% interest in the property, Section 18-S2(b)(6), City Code,
b.
So long as the owner is renting to no more than four tenants in the same
building where the owner resides, Section 18-S2(b)(2), City Code,
c,
If the owner is advertising for the following protected classes, the ad is not
discriminatory for: gender (sex), age, marital status, religion, sexual orientation,
public assistance income. However, this "owner-occupied" exception does not
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apply to the "protected class" of "presence or absence of dependents" -
namely families, "
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Additionally, this exception does not apply to "race," Section 1S-32(b)(5), City
Code,
3. Persons may advertise housing for the elderly or disabled, but only if 75% of the tenants
are elderly or disabled, Sections 1S-32(b)(7) and Section 1S-32(d), City Code,
This local law means that a recent news article in the local newspaper was misleading, based on
information apparently given the newspaper from another source, The re~ult of this was that the
article presented an overly broad interpretation of state, federal and local laws, and I am not
altogether sure where the information came from. Nonetheless, hopefully the print media will
correct the information soon, since many persons have called the City, including my Office, with
grave, indeed well-founded concerns, as 10 whether they could advertise for a female roommate
if they were female themselves, We have explained repeatedly that they could, in fact, advertise
for a "same sex" roommate under the exceptions noted above, namely sharing a bathroom.
I hope this sheds some light on the matter, but please do not hesitate to contact either me or
Anne Burnside regarding further questions,
Attachment
cc: City Manager
City Clerk
Assistant City Manager
Anne Burnside
Alice Ha"rris, FYI
City Attorney's Office Opinion File
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City of Iowa City
MEMORANDUM
Date: February 7, 1994
To: Linda Newman Gentry, City Attorney
From:
Anne G, Burnside, First Assistant City Attorney ~
Re: Discriminatory Advertisements for Housing
Jan Alderton, fair housing specialist for the Iowa Civil Rights Commission, recently
visited Iowa City and advised local advertisers that under federal, state and municipal
civil rights laws, it is illegal to indicate what kind of tenant is desired when placing ads
for rental property, For example, a "roommate wanted" ad that described the sex of
the person seeking a roommate, or the sex of the roommate wanted is illegal,
according to Alderton,
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, While Alderton correctly states the general rule that it is illegal to make a decision in
a housing transaction based upon a protected class characteristic, Alderton has failed
to note that both the Fair Housing law and our local human rights ordinance contain
exemptions, 0
Section 18-32, Iowa City Code of Ordinances, makes it unlawful to refuse to engage
in a housing transaction because of the prospective tenant's membership in a
protected class. The classes that are protected by our ordinance are age, color,
creed, disability, marital status, national orig,in, race, religion, sex, sexual orientation,
presence or absence of dependents or public assistance source of income, Our code
does not define "housing transaction", but when viewed in light of the rest of the
ordinance and the housing discrimination case law we are familiar with, I think a very
broad interpretation of the term is warranted. Certainly, it includes renting and
subletting to a roommate. Section 18-32 also prohibits direct or indirect
advertisement that in any real estate transaction, a person's membership in a
protected class may be relevant. These local rules clearly fit with Alderton's
statements about illegal housing transaction advertisements,
Section 18-32(b) also contains exemptions from the general rule of non-discrimination:
The rental or leasing of four (4) or fewer rooms within a single housing
accommodation by the owner of such housing accommodation, if the owner
resides therein, ~ 18-32(b)(2)
Restrictions based on sex in the rental or leasing of housing accommodations
within which residents of both sexes would share a common bathroom facility
on the same floor of the building, ~ 18-32(b)(4)
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Additional exemptions found at ~ 18-32(bl are relevant to Alderton's comments. I will
not reproduce the entire subsection here, I think these exemptions apply to some of
the examples Alderton gave as discriminatory acts, For example, I believe the
exemptions permit an ad which states that a female roomate is wanted, These
exemptions do not exempt advertisements such as "white roomate wanted", or
"family of four wanted". Race and the presence or absence of dependents are
protected classes which are not exempted by ~ 18-32(b),
The Fair Housing Act, like Section 18-32, broadly prohibits discrimination in housing,
However, that Act also contains several exemptions, The exemption most relevant
to Alderton's comments states that advertisements may state a preference for a sex
where living areas will be shared. 24 CFR ~ 109,20(bH5) ,
I realize this memorandum does 1'10t respond to each of the issues raised by Alderton,
much less all of the questions raised by Alderton's issues, However, I believe the
point is clear that local and federal law contain common sense exemptions, I will be
happy to provide additional information if you wish,
._;
cc: Dale Helling, Assistant City Manager
Iowa City Human Rights Commissioner
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STATE CAPITOL.
OFFICE OF THE GOVERNOR
DES MOINES. IOWA S0319
515 281-5211
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ToRRY e;, BRANSTAO
GOVERNOR
February 9, 1994
Linda Newman-Gentry
Iowa State Bar Association
410 E, Washinton St
Iowa City, Iowa 52240
Dear Ms. Newman-Gentry:
--~
Thank you for attending' the First Annual Governor's Congress on the Environment last
November. I'm very proud that Iowans are taking a leadership role in developing a dialogue
between business and environmental interests. I believe there were many fme suggestions and
ideas which came forth at our meeting which can improve the quality of life for Iowans.
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You were selected to be a delegate because you are an Iowa leader., I would very much like you
to carry the message from the congress to your community and to other groups to which you
belong, To help you do this, we have used the proceeds from the congress along with a grant
from the Iowa Business Council to produce a vid~o which discusses the issues addressed during
,our meeting. It is nine minutes limg,and will be an excellent supplement to your presentation,
We also have a prepared speech to accompany the video should you be Interested,
When you have scheduled a program, please contact Myrt Levin at the Iowa Business Council
and she will see that you have a copy of the video in time for your presentation.
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Again, thank you for taking time to help improve the quality of life in Iowa.
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Sincerely,
TB;as
n F' 1" I"~ I V
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FES 11 1994
CITY ATTORNEY'S OFFICE
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City of Iowa City
MEMORANDUM
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DATE: February 9, 1994
TO: steve Atkins, city Manager
FROM: Rick Fosse, city Engineer ~.;
RE: Woolf Avenue Bridge Predesign Meeting
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The preliminary structural analysis is nearing completion on the
woolf Avenue Bridge over Highway 6 and the CRANDIC Railroad,
Before we enter the design phase we would like to seek input from
the neighborhood. We have scheduled a neighborhood meeting for
7:00 pm, March 2, 1994, at Lincoln Elementary School. Marcia
Hale-Klingaman is assisting with the details. We will also
solicit input from the VA Hospital and apartment owners to the
south,
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Chuck Schmadeke
Denny Gannon
Ma~cia Hale-Klingaman
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OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE,
IOWA COMMITTEE FOR EMPLOYER SUPPORT
OF THE GUARD AND RESERVE
CAMP DODGE
7700 NW BEAVER DRIVE
JOHNSTON, IOWA 50131-1902
Febt-uary 2~
1994
Chairman, Area 6
Iowa Employer Suooort
of the Guard and Reserve
George R. Dane
412~1 Dane Road
Iowa City, IA 52240
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Ci ty ~lanager
Stephen J. Atkins
Ci vi c Centet-
410 E. Washington
Iowa City, IA 52240
Dear Sir:
The Iowa City Police Deoartment has been recognized by the
Secretary of the Defense ,For its support of national defense bv
adooting and following personnel policies which encourage its
employees to participate in the National Guard and Reserve.
This is a selective award. One Hundred Ninetv Two Iowa emoloyers
were nominated in 1993. The Iowa City Police Department w~s one of
7 selected for recognition.
The award will be oresented at a ceremony at the Iowa City National
GLtard Armory, 925 South DLlbuqLte Street ,at 4: 0111 PM, Wednesday, ,
February 16, 1994.
You, your staff, and all city officials and department personnel
are cordiallv invited to attend. A large presence of oublic
officials will be a major factor in making this a memorable
occasion.
The ceremony is jointly sponsored by the Iowa Committee for
Employer Support of the Guard & Reserve IESGR), the Military
Affairs Association. and local National Guard units,
Sincerely yours,
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George R.foane
Area 6, Iowa ESGR
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BOARD OF SUPERVISORS
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Stephen p, Lacina, Chil1l'person
Joe Bolkcom
Charles D . Duffy
Patricia A, Meade'
February 8, 1994
INFORMAL MEETING
Agenda
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1. Call to order 9:00 a,m.
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2-7-94 O:24an p. 2 of 3 '
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2, Review oflhe informal minutes of February 1st recessed to February 3rd and the
formal minutes of February 3rd,
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3. Business from Gerry Lackender re: Senior Center update/discussion,
4, Business from the County Engineer.
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a) Discussion re: purchase of properly near Tri-County Bridge from Reva
Kusher as per right-of-way policy.
b) Discussion re: EWP Bridge work with SCS,
c) Other
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5, Business from Andy Traeger wilh Charles Bai11y & Company of Dubuque re:
county audiVdiscussion.
6, Business from the County Atlorney,
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a) Discussion re: tentative agreements with Ambulance and Social Services
collective bargaining units.
b) Other
7, Business from the Board of Supervisors.
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a) Reports
b) Other
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913 SOUTII DUBUQUE ST, P,O, BOX 1350 IOWA CITY, IOWA 52244.1350
TEL: (319)356.6000
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To: IOWA CITY CLERK
From: JO HOGARTY
Agenda 2-8-94
8, Discussion re: budgels,
Page 2
9. ' Discussion from the public,
10, Recess.
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BOARD OF SUPERVISORS
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Slephen p, Lacina, Chairperson
Joe Bolkcom
Charles D. Duffy
Patricia A, Meade
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February IO,19~~'
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FORMAL MEETING
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Agenda
1. Call 10 order 9:00 a,m,
2, Action re: claims
3. Actionre: informal minutes of February Isl recessed 10 February 3rd and Ihe
formal minutes of February 3rd,
, 4, Action re: payroll authorizations
, 5, Business from Ihe Counly Auditor.
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V a) Aclion re: permils
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c) Motion 10 authorize the Audilor 10 publish the FY 95 Proposed Budgel and I
1r1 N olice of Public Hearing for public hearings 10 be held Thursday on
February, 24, 1994 al 5:30 p,m, and Thursday on March 3, 1994 al 5:30 p,m,
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d) Other
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6, Business from the County Allorney,
a) Discussion/action re: tentative agreements with Ambulance and Social
Services collective bargaining units. .
b) Report re: other items.
">,
7, Business from the Board of Supervisors,
913 SOUTIl DUBUQUE~.
P,O, BOX 1350 IOWACI1Y, IOWA 52244.1350
TEL: (319) 356.6000
FAX: (319)356'60~~'
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'Agenda 2-10-94
Page 2
a) Actionre: purchase of property near Tri-County Bridge from Reva Kusher
as per right-of-way policy,
b) Motion re:leUer of support for MEcCA Grant Application for Residential
Treatment Grant from Iowa Department of Public Health,
,c) Discussion/action re: appointment to the Compensation Commission,
d) Discussionlaction re: Agreement with ITT Hartford Life & Accident
Insurance Company to Prepare Federal and Slate Information Returns and
Payee Statements for Disability Payments for contract number(s) G L T-
205060,
e) Other
8. Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors,
c) Other
9, Adjournmenl.
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City of Iowa City I
MEMORANDUM
,
Date: February 9, 1994
To: City Manager and City Council
From: Denny Gannon, Assistant City Engineer ~
Re: Teg Drive/Aber Avenue
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On February 2,1993, the final plats for Park West Subdivision, Parts Two, Three and Four were
approved by City Council. An addressing problem now exists, in that as Teg Drive is constructed,
it will eventually connect directly onto Aber Avenue, See attached maps, Three solutions/options
were studied by staff:
1. Change the name of Teg Drive to Aber Avenue,
2, Change the name of that part of Aber Avenue located east of Aburdeen Court in Park
West Subdivision, Part Four to E, Aber Avenue.
3,
Change the name of that part of Aber Avenue located east of Park West Subdivision, Part
Four to Teg Drive.
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Option #1 is not recommended as there will be conflicts with address numbers in regards to
houses on existing Aber Avenue located west of Park West Subdivision, Part Three relative to
those houses assigned new address numbers currently located on Teg Drive. Option #2 is not
recommended as it is too confusing for motorists to change the name of the street unless there
is a jog or a 900 bend in the slreet. Option #3 has been recommended by staff although the
address (number and street) for every building on Aber Avenue located east of Park West
Subdivision, Part Four must be changed. A resolution changing the name of Aber Avenue
located east of Park West Subdivision, Part Four will be included on a future Council agenda for
City Council action,
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cc: Rick Fosse
Chuck Schmadeke
Jim Brachtel
Karin Franklin .
R.J, Winkelhake
Jim Pumfrey
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To: IO~~ CITY CLERK
From: JO HOGARTY
J(lhn~lIn County
_ \ TOWA ~
BOARD OF SUPERVISORS
Stephen p, Lacina, ChalfJlerson
Joe Bolkcom
Charles D, Duffy
Patricia A. Meade
February 15, 1994
INFORMAL MEETING
Agenda
1. Call to order 9:00 a,m,
2-14-94
9:05am p, 2 of 3
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2, Review of the informal minutes of February 8th recessed to February 10th and
the formal minutes of February IOlh.
3. Business from the County Auditor.
a) Discussion re: FY 94 audit proposals.
b) Other
4, Business from Bruce Ahrens, AFM. Senior Farm Manager re: county farm
leasing/discussion.
5, Business from the Director of Public HeaItb.
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a) Discussion re: FY 94 budget amendments,
b) Olber
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6, Business from Kristy Fisher. Grant Administrator for East Central Iowa
Council of Governments re: flood recovery resolution/discussion.
7, Business from tbe County AUorney,
a) Discussion re: tentative agreement with Secondary Roads collective
bargaining unit.
b) Other
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TEL: (319) 356.6000 FAX: (319) 356.6086
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913 SOUTIl DUBUQUE Sf,
P,O, BOX 1350 IOWA CITY, IOWA 52244.1350
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To: IOWA CITY CLERK
From: .JO HOGARTY
2-14-94 9:05am p, 3 of 3
Agenda 2-15-94
8, Business from the Board of Supervisors.
Page, 2
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a) Reports
b) Other
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9. Discussion re: budgets,
10, Discussion from the public,
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11. Business from Jeffrey A, Johnston. LUTCF for Financial Planning Seminars
re: IPERS seminar presentation/discussion.
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12, 9:00 a,m. - Wednesday - Work Session for five-year plan for ISTEA funding
requesting/discussion.
13. Recess.
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, I JOHNSON COUNTY AUQITOR TEL:319-356-6086
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Feb 14,94 10:22 No.013 P,Ol/01
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MEETING NOTICE
STATUTORY COMMJ'ITEE TO FILL THE VACANCY ON THE JOHNSON
COUNTY BOARD OF SUPERVISORS
TUelday, February 15, 1994 4:00 p.m.
Board RooJJl, Johnson County Administration Building
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1. Call to order.
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2, Conune~ts from the public.
3, Discussion re: consideration of applications submitted to till the vacancy on tho
Johnson County Board of Supervisors and selection of applicants to interview fot the,
vacancy,
4. Adjournment,
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City. of Iowa City
MEMORANDUM
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Date:
February 14, 1994
To:
City Manager , ' ,,/ '
Departments of Public Works and Finance i::~~.jL tt,...",,t L-
Water Project - Response to Council Information ReqUr
From:
Re:
The following information and attachments represent our effort to respond to the recent Council
correspondence concerning the proposed water project. The information was a collaborative
effort of many staff, as well as the assistance of H,R. Green, the consulting engineering firm
responsible for project design, as well as the initial project research.
We all support the goal identified in Council Member Throgmorton's memorandum, that is,
choosing "a course of action which will provide high quality drinking water at the least cost to
the rate payers of Iowa City." This goal is worthy now and will be in the future as these decisions
are of generational interest. We must realize the issues of taste and quality, production capacity,
financing, and responsibilities to our neighbors for emergency assistance, are all factors in the
decisions to proceed, The effort to date, we believe, is the result of three years worth of work
and analysis in fulfilling the City Council's direction with respect to this water project, and is
intended to fulfill obligations to federal water quality standards. Your memo to the Council on
September 16, 1993, remains relevant to our planning (copy attached), Any changes in the
direction are certainly within Council prerogative and we will do our best to accommodate any
adjustments they would wish to make.
The issue of water quality is clearly the single most important factor to the state and federal
regulators, The volume/capacity of the plant is much more of a local issue, although there are
applicable State/Federal regulations that affect volume/capacity design, The plant design and
necessary technology to treat our chosen water source are critical to the capital financing
mechanism to fulfill our obligations. The dispute between the Federal EPA and the State of Iowa
could ultimately be of significant concern to us all as we await their decision. While we would
prefer to deal with DNR as a local (Iowa-based interests), we must keep in mind that the federal
government may assume primacy, and thereby our water project, as well as others throughout
Iowa, will be handled by federal officials, The Governor's budget proposal does increase staff
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at the DNR to review water projects and may work to resolve the State-Federal dispute, It is
likely local utilities such as the City of Iowa City will be called upon to finance the State's interests
in increased DNR staff. We suspect it will be in the form of new permit fees for utilities,
The following represents our response to what we believe were the major issues identified in the
Council memoranda, We have paraphrased commentary from the memoranda,
"Surprised to discover the water plant contract in my Council packet,"
We appreciate the concern expressed by Mr, Throgmorton's siatement. However, as a staff, we
felt we were fulfilling the City Council's direction in the project planning. As we bring matters to
the City Council, such as the consulting engineering contract, it was our feeling we were fulfilling
Council interest as expressed over .the last three years. Council had taken earlier action to
increase water rates to finance the cost of necessary studies, design work, etc, There are many
other issues that will be brought to th~ Council in the near term, such as authorizing negotiations
for the purchase of land, acquisition of easements for well construction, and other factors, We
have felt all along we were satisfying the Council's direction as expressed by their previous
actions, and therefore have routinely placed these issues before the City Council.
"Without deliberating adequately the merits of the proposed course of action, " .
A number of City Council discussions and actions occurred which the staff has relied on for
direction, The debate over the early plans to seek a well system south of the city involved
extensive public input, discussion and media exposure, meetings with representatives of the
communities to the south of our community and a Chamber of Commerce-sponsored discussion,
numerous items of correspondence, etc. Individuals appeared before the County Board of
Supervisors and City Council. We had assumed the water-project proposal was receiving
substantial public attention, A deliberate decision to withdraw the proposed well system south
of our community was received with appreciation from many and silenced the critics, We believe
this was done in a high profile public forum with the Mayor present to explain why the withdrawal
was recommended, In doing so, we understood the direction to be that river water was to remain
our major source of future water. It was also discussed that a well system would be needed to
support the river source to meet the quantity, as well as the quality requirements of the state and
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federal government. This mixture of water would provide the highest available quality at the least
expense, During the debate on the southern well sites, the criticism against the City was that well
systems should be located only within our corporate limits, While we believe this to be short
sighted on the part of the critics, we had always been fully within our legal bounds to pursue this
ground water source, Again, we felt the water project was receiving substantial public attention,
"". the consultant's plan says virtually nothing about the potential for water conservation"
Attached is a list of the individuals that participated in an early focus group called upon to assist
in analysis and other related water treatment design questions. This group was intended to
provide information to the City staff and ultimately the consulting engineer, We also thought this
diverse group was broadly representative of our community and furthered the public participation
process, The group identified a series of priorities, also attached, the issue of water
conservation was discussed and received a lower level priority, While we cannot speak to the
individual interests and opinions, we suspect that the issue of conservation, while important, was
difficult to quantify, such as how much do we reduce capacity/production/consumption at various
levels and can it be sustained? How do we proceed with such programs and are there off-setting
policies such as federal regulations, contingency responsibilities, fire flow, University of Iowa, City
of Coralville that might affect conservation proposals. We recognize conservation is a matter of
federal policy and plans can be undertaken to initiate such measures, The ultimate outcome is
difficult to quantify, The most recent initiative of a water education specialist within the
Department of Public Works should have long term benefit in such planning efforts, Earlier you
received a brief summary of Carol's work and we would hope to build on he~ experience and
previous efforts,
"1991 plan scarcely mentioned water conservation and explicitly rejected the idea of building a
new water plant,"
The early plans did, in fact, suggest that a new water plant might not be necessary if we were
able to secure well water from the search in the southern palt of our community, After extensive
research, it was determined that the water production capability, the cost of providing that water
to our community, as well as significant opposition from area farmers lead to the abandonment
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of that option, It became necessary to return to the idea of constructing a new water plant with
river water as primary source, This matter is discussed further in this memorandum,
"Willing to pay a consultant a far more modest fee. say $100,000, to assess the effect of water
conservation, "
If the Council would choose to seek outside consultant assistance in the preparation of a water
conservation program, that would be within their prerogative, There appear to be sufficient ideas
and other related information that would provide the Council with an opportunity to discuss this
matter without such an expenditure. We will await your direction as to whether you wish to seek
the outside consulting service, The outline of issues that were identified in Springfield, Illinois
may be a means by which to frame a policy discussion, although we have no evidence of the
success of any of these measures,
"The enerw policy act of 1992 established,.. water conservation"
As we understand the requirements of this federal legislation, it is now or soon will be
incorporated into our City's building code, and thereby we can expect the resultant water
conservation to occur in accordance with new construction and other related remodeling that
requires installation of plumbing facilities so regulated by this policy act. There are three primary
elements to this policy act and they are: 1) the establishment of maximum water use standards
for plumbing fixtures; 2) product labeling requirements; and 3) recommendations for state and
local incentive programs to accelerate voluntary fixture replacement. The first item has been
addressed in the building code, the product labeling will rest with private manufacturers, and there
appears to be interest in some form of voluntary fixture replacement. These options can be
pursued as so directed by the City Council.
"rate structure for water"
As we consider all factors associated with rate making, particularly as it applies to our water
utility, we need to have a brief historical review In order to assist you in that policymaking
process, Historically, the City has administered a rather simple, straight forward utility rate
structure as identified in the attachment. The use of the uniform rate has been acceptable
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politically as well as having as a major virtue its simplicity and being understandable to the public.
A similar rate structure was applied to our sanitary sewer charges, The rate was challenged by
the University, as they wished to pursue a rate structure more favorable to their interests
generally involving classes of users, They appear to have believed the cost of service is the
primary motivating force in rate making, and thereby as a large user they would be entitled to the
cost benefits derived, as would the other classes of users, The City vigorously defended our
uniform rate and prevailed at all levels of the judicial process,
If we are to choose some other system of rate policy, such as the inverted rate structure
suggested, we must keep in mind current State law clearly states that rates can be set only in
a non-discriminatory manner. The rather vague language in the State law is difficult to evaluate
and the City Attorney should be asked to comment; however, the sewer uniform rate structure has
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been tested. If we were to undertake a rate structure that proposes conservation as a tool in rate
making, that is, the more you use the more you pay, it must be undertaken with some legal basis,
If you were to penalize one user while subsidizing another, this may be contrary to State law and
our rate making practices to date, If a challenge to the rate's legal structure were to occur, the
City's ability to finance the water project would be so constrained, capital borrowing would be
practically impossible, not unlike the same circumstances caused by the University lawsuit over
sewer rates; that is, we were unable to borrow due to challenges to the rate structure,
Rate policy needs to be such that it can withstand a challenge, The application of other
penalty/subsidy issues should be directly relevant to the water consumed, billed, and the overall
intent of a water plant - to provide safe drinking w<\ter.
During the financing of the water capital project, as in any capital project issuing debt, the rate
structure must be in place at the time of financing and identified by its ability to produce revenue
to finance the debt proposed. The use of conservation measures while articulated in federal
policy and encouraged both at the national and local levels are one element of any rate structure
and a balance must be struck to provide an adequate revenue stream to finance the capital
project and yet fulfill conservation interests without jeopardizing historical and legal positions.
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"Consultant's assumption. that such standards will force us to stay within a narrow range of
engineering solutions, "
The Comprehensive Water Manaqement Plan, initiated in 1990, focused on the drinking water
supply and treatment of water for the City of Iowa City, and specifically, the impact of proposed
and current regulations on Iowa City's existing facilities, Analysis of the distribution system was
not included as part of the initial planning process, We believe major engineering solutions were
evaluated as represented by the work to date.
In 1990, Iowa City's raw water supply was limited to surface water from the Iowa River and a
Jordan well, which was used primarily to blend with surface water for nitrate reduction and taste
and odor control. A thorough investigation was conducted to locate and evaluate options for other
water supplies, Of the several potential sources evaluated, it was recommended to further
investigate two (2) groundwater aquifers: a shallow alluvial aquifer south of Iowa City and a
buried channel aquifer south of the City of Hills. The possibility of using these groundwater
sources to blend with surface water at the existing plant was examined and found to be infeasible,
Constructing a satellite plant on the south side of Iowa City to solely treat the groundwater was
also evaluated, but this option was eliminated when the potential groundwater supplies were
found to be insufficient.
The existing water treatment plant was analyzed with respect to its ability to meet Iowa City's
future and current needs. Based on the drinking water regulations in 1990, the existing plant,
when renovated would have less capacity than its current rating. Additionally, regulations
proposed since the initial study in 1990 have further limited the feasibility of renovating the
existing water plant.
Not only was the Consultant obligated to design a facility that meets current and proposed
drinking water regulations, but to consider other critical factors such as potential water sources,
treatment processes, plant location, appropriate technology, and projected costs, Water quality
was also addressed as part of the study, including the reliability and consistency of the raw water,
operational factors, treatability, safety, and a more aesthetically acceptable finished water.
Finally, as a result of the evaluations of Federal and State regulations, all pertinent data, and
specific conditions, the 1993 study recommended a new water plant.
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The groundwater investigation currently being conducted as part of the design of the new plant
includes an analysis of a collector well system in the alluvial deposits along the Iowa River. The
investigation has not been completed at this time due to the 1993 summer floods and inclement
winter weather; however, test pumping of the aquifer and the sand pit on the site will be
conducted as soon as weather permits. As a potentially,viable source, the feasibility of using
poplar trees in the buffer strip between the river and the sand pit to remove contaminants will be
examined, A natural system, including wetlands, will also be fully investigated as a means of
protecting and improving the potential raw water supplies during the final design. The final
outcome of this part of the overall study could have a beneficial cost savings to the project and
improve water quality.
"Wouldn't you like to be known as the City Council that brought agricultural and urban interests
,
together in a successful effort to clean up the Iowa River?"
This issue has been pursued for some time as a matter of policy by the Iowa City City Council
and the League of Iowa Municipalities, As you are aware, water resources. both groundwater
and surface water. in the state of Iowa are controlled by the state as their resource. The
Department of Natural Resources has pursued filter strip legislation and other regulations on
agricultural chemicals and runoff. The City has supported those efforts, To date the state
legislature has expressed no apparent interest in the pursuit of such ideas. The state legislature
appears to be moving quite in the opposite direction, that is the regulation of chemicals which can
affect our water supply will simply not be an issue for urban responsibility, even if we wished to
assume such responsibility. The State seems to say regulation of waterways will remain with
the State and the State alone. Compounding this problem and the ability to form any coalition
is the federal government through the EPA which is pursuing removing the responsibility from the
state for regulation of water resources, particularly as it affects the federal Safe Drinking Water
Act.
There are other examples of the inconsistent policies of the State regulators, particularly when
agricultural interests are at stake. The City is obligated to spend $10's of millions of dollars to
clean up ammonia from our wastewater effluent, while ammonia products applied to farm land find
their way into our rivers and streams, Additionally, watershed management is becoming a critical
planning tool for our urban environment, but until counties undertake similar management
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to develop an environmental policy that encourages economic development and growth in urban
settings but not to the detriment of agricultural interests,
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Further initiatives should be pursued, such as the work of the Soil Conservation Service and their
work to clean up our waterways, but the ability to rely on any major coordinated effort to clean
up the river and its direct effect upon the City of Iowa City, is highly speculative and we doubt very
much whether the EPA would allow time to form any such coalition, even if the State were willing
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and there is no evidence of that willingness, With a new plant we will no longer discharge our
water treatment sludge into the river, demonstrating another step by the City, but only small
incremental steps appear to be acceptable to the State, Only those issues that do not conflict
with agricultural policy appear to have any chance of State interest.
"Following questions to the Public Works Department"
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WHAT ARE THE END USES OF WATER IN IOWA CITY, ON AVERAGE AND AT PEAK?
WHAT PERCENT OF WATER SUPPLIED BY OUR SYSTEM IS USED FOR DRINKING,
FOR COOKING, FOR WATERING LAWNS, FOR WASHING CLOTHES AND DISHES,
FOR INDUSTRIAL PROCESSING, FOR FLUSHING TOILETS, FOR SHOWERING, ETC,?
SEPARATE THESE END USES INTO RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND
PUBLIC SECTORS (OR THEIR EQUIVALENTS).
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Water consumption and pumpage data for the past ten years have been compiled by the
City Treasury and Water Divisions, This data is attached for the years 1984 through
1993.
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The user categories of Residential, Multiple Dwelling, University Heights, and Second
Meters can be grouped as "Residential", The Governmental and University of Iowa
categories can be grouped as "Public Sector", With these groupings, the following user
types and their percent of billed consumption are as follows:
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Consumption sumption Per Ser- sumption Per Capi-
User Type (Gallons) vice (Gallons) ta (Gallons)
Commercial 946,010 911
Governmental 310,128 3,350
Industrial 385.655 28,777
Multiple Dwelling 1,062,813 1,558
Residential 2.485,724 193 82
U. Heights 82,894 221 94
U of Iowa 91,661 1,866
Second Meters 52,973 114
Miscellaneous 284 136
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Average day consumption per capita for Residential and University Heights is calculated
from the average day consumption per service (household) using the 1990 census value
of 2.34 persons per household in Iowa City,
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Peak day billed consumption figures cannot be accurately determined, Meter reading and
billing are done either monthly or bj-monthJy, depending upon user type, Average day
numbers may be determined by calculations, but actual peak day billed consumption is
not available" However, peak day pumpage figures are available from the treatment plant
metering records, Total pumpage includes both billed consumption and nonbillable uses
(flushing, firefighting, leakage, inaccurate metering, etc.), Plant pumpage over the past
five years has been as follows:
Average Peak Day
Average Peak Day Day Pumpage Peak to
Day Pumpage Pumpage Per Capita Average
Pumpage (Gallons) Per Capita (Galloris) Ratio
(Gallons) (Gallons)
Avera,ge 6,532,947 9,459,000 117 169 1.45
High 7,150,839 10,269,000 132 186 1.58
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figures prorated between the 1980 and 199q census figures and projecting from 1990
through 1993 using the same prorated annual growth figures, Each year's population
served by the Iowa City water system consists of Iowa City plus University Heights minus
U of I dormitories served by the U of I water system (5,700 persons), These calculated
annual population figures from 1984 through 1993 are as follows:
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Service Area Population
1993
1992
1991
1990
1989
1988
1987
1986
1985
1984
57,841
56,921
56,000
55,080
54,160
53,239
52,319
51,399
50,479
49,558
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The breakdown of water consumption by drinking, cooking, watering lawns, washing
clothes and dishes, flushing toilets, showering, etc, cannot be accurately determined.
These different consumptive uses are not individually metered. only the total household
consumption is metered in Iowa City, It is expected that these consumptive uses vary
, considerably among households and individuals,
2. WHAT EFFECT WILL NEW NATIONAL WATER CONSERVATION STANDARDS HAVE
ON PROJECTED WATER DEMAND IN IOWA CITY?
3, WHAT EFFECT WOULD ADOPTION OF THE 12 CONSERVATION MEASURES SHOWN
IN TABLE 1 HAVE ON THE AVERAGE AND PEAK DEMAND FOR WATER IN IOWA
CITY?
4, WHAT WOULD HAPPEN TO THE DEMAND FOR WATER IF IOWA CITY'S RATE
STRUCTURE WERE INVERTED SO THAT USERS HAVE TO PAY MORE FOR EACH
ADDITIONAL UNIT THEY CONSUME?
5, WHAT WOULD HAPPEN TO THE PEAK DEMAND FOR WATER IF WE ADOPTED A
PEAK PERIOD PRICING SYSTEM?
All of these questions are interrelated in their scope and effect. All involve policies and programs
targeted toward reductions in water usage through the use of more water efficient plumbing
fixtures, various water conservation measures, and water rate structures designed to encourage
conservation through economic disincentives.
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The effect of any or all of these measures cannot be accurately predicted at this time. A
prediction must include many assumptions involving people's attitudes, values, and lifestyles.
Documented historical data to confirm assumptions on water use reductions are not available in
the Midwest, and it would be unwise to apply information from the Southwest or other arid
regions,
American Water Works Association (AWWA) staff were consulted for Information about
Midwestern communities with water conservation programs, Mr, Rick Harmon, A WW A staffer for
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water conservation issues, conducted a search of his available sources and was unable to locate
any Midwestern conservation programs, He was familiar with several programs in the Southwest
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, and Pacific Northwest. However, he cautioned about applying information from the arid
Southwest to the Midwest, as the lifestyles and water use patterns are very different.
Further research located several water systems in the State of Washington that have instituted
water conservation programs. The impetus for conservation there is mainly source water
limitations due to water rights issues, The City of Seattle Water Department provided the most
information on the broadest range of conservation programs. Seattle must meet its future water
needs strictly through conservation, as its source water supply is limited by the water rights of
others. The City has implemented a wide range of programs to reduce water usage, including
rate structure savings, code savings, programmatic savings, and advertising.
Seattle's programmatic savings consist of several programs. The City provided and delivered
plumbing fixture retrofit kits to 385,000 single family homes. The City provided and installed
retrofits in multiple family housing, as well as repaired leaking toilets, A commercial/industrial cost
share program provides for City payment of 50% of the costs of approved water savings projects,
Reclaimed water projects are also being promoted by the City,
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Extensive advertising of the conservation efforts is promoted by the City of Seattle, This includes
radio and television advertising, bus signs, water bill inserts, and direct mail campaigns,
The City of Seattle's conservation efforts cover the full range of programs addressed in the
Councilor's comments. The goal of this extensive program is to reduce future water demand by
15% of the total that would occur without the conservation programs, The programs have not
been in place long enough to document their actual effect. There is a strong need to conserve
due to the limited water supply. The current per capita water consumption is much higher for
Seattle than Iowa City,
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How many years will we be able to draw groundwater from the Jordan and Silurian aquifers at
rates indicated in the consultant's report?
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The impact of withdrawing 15% of the City's water usage from the Silurian aquifer is not fully
known at this time. Water levels in the aquifer have declined approximately 10% over the last
several decades, The level in the aquifer is subject to a number of variables, some of which are:
a) pumping in the immediate area; b) recharge from rainfall; c) recharge from the river, Assuming
the current level of non-city usage remains relatively constant (or increases moderately) and
assuming the City of Iowa City secures 15% of its usage from the Silurian wells, we are projecting
that the wells in this aquifer can be effectively used for the design life of this facility (40 years),
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Water levels in the Jordan aquifer can be estimated with the attached graph, This graph is based
on data gathered during pumping of the Jordan well recently installed in Coralville, This graph
utilizes constants which are a Iillle more conservative than those used in the USGS model.
Based on Coralville data and assuming that Iowa City will withdraw 30% of its water from the
three proposed Jordan wells, the water level in the Coralville well will be lowered approximately
52 feet by year 2015 and approximately 68 feet by year 2035. Therefore, it is safe to assume
that the Jordan wells can be used longer than the design life of the facilities (40 ye~lrs),
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"Is the cost of financing construction of the plant included in the estimated cost of $46,5 million?
If not, what will those financing costs be?"
The proposed water treatment facility has early construction cost estimates of $46,5 million, '
These costs are based on preliminary engineering, Accordingly, before we are to proceed to
.
identify the overall financing requirements, final detailed engineering estimates will be needed,
The final determination on cost is only known at the time of bid and the conclusion of
negotiation/condemnation of any necessary land purchase,
We have discussed numerous options associated with the proposed financing. It is our desire
to utilize all options in the City's best interest. Financing will include the cost of construction and
financing expense as we have in our past bond sales, and the likely need to borrow one year's
worth of debt service (payments) as a reserve, A critical decision will be the timing of the
financing, that is, what will be the status of the bond market at the time we pursue permanent
financing, Currently we enjoy a favorable bond market. .Temporary financing on some limited
basis can be initiated, Additionally, a blend of financing, that is, we may wish to utilize general
obligation debt as well as water revenue bonds, thereby improving the overall financing package
and its desirability to prospective bond purchasers, Also, the use of cash can improve the overall
financing. At this time and from our experience we would plan a competitive bond sale, although
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There are many factors to consider before the final bond sale, that is, before the placement of
permanent financing. The long-term operational costs which will be decided by our engineering
consulting firm in the later stages of design as well as water rates must be in place at the time
of bond sale. The water rate structure must not only identify the revenue/income to the water
system, but also provide for the projection of long-term water usage, the plant's capacity to meet
that usage and thereby the ability to continually generate income, If the decision to finance is to
proceed with, say 25-30 year bonds, the bond purchasers will be reluctant to provide financing
for a plant that is designed for, say a 1 O-year period. The plant must be designed to sufficiently
project the long-term ability to provide for our community's water needs and sufficient income to
retire debt over the life of the debt and the life of the resource to be financed, If the plant were
to be expanded at some future date and thereby create overlapping debt, the cost of debt will
increase, The projected productive life of the plant is particularly sensitive when you utilize water
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16
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revenue bond financing, Water revenue must be calculated carefully in order to assure the
adequacy of income to the system, Engineering design, plant capacity, fulfillment of any state
or federal requirements, and realistic water rates will be critical factors which receive the notice
of bond analysts who determine the rating of the bond, and ultimately, bond purchasers, Any
inadequacies can affect bond rating and thereby increase the cost of borrowing, Additionally, the
City's overall debt position will be analyzed, notably what are likely debt plans for future projects,
such as sewer (revenue bonds) and general obligation debt, but most notably is the proposed
financing for the project adequate to cover the useful life and the ability to produce product
(water) and thereby income to support the debt.
"Water conservation measures. Springfield, Illinois"
Representatives of H,R. Green spoke with Dave Bigler of the City of Springfield staff. He said
the City found it necessary to institute conservation when it appeared the source of their water
would not be sufficient to sustain continued growth after the drought of 1988. The study of
political acceptability was conducted, Water saver kits were distributed by the City. No toilet or
fixture rebate was offered, and no other lasting conservation measures were instituted,
The drought broke before a comprehensive conservation program was instituted. The City did
not have enough money to continue to study or implement conservation, which they felt was no
longer necessary, No effort was made to quantify the effectiveness of the water.saver kit
program.
Mr, Bigler was not aware of any other midwestern towns which had instituted any of the water
conservation policies which had been suggested in Springfield.
"What effect would reductions in projected water demand have on the sewerage system,
pa'rticularlyon the north plant's treatment capacity limitations?"
A wastewater treatment plant's capacity is determined from flow and strength parameters and
limits established by the Iowa Department of Natural Resources and the U.S. Environmental
Protection Agency.
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17
Flow parameters are peak-hour wet-weather flow, maximum wet-weather flow, and average wet-
weather flow, Strength parameters are 6,O.D., suspended solids, and ammonia,
,Extraneous water from infiltration and inflow account for a large portion of wet-weather flows.
Infiltration enters the sanitary sewer system primarily through leaky joints, cracked pipe, and
.
manholes during high groundwater conditions. Inflow is extraneous water from sump pumps,
footing tille, roof drains, unknown storm sewer cross connects, etc,
Peak hour wet-weather flows in Iowa City are +1- 4 times the combined peak capacity of the
proposed Iowa City water treatment facilities and the U of I water treatment facilities. Maximum
wet-weather flow is the maximum 24-hour flow during wet weather and is +1- 1% times the
combined peak capacity of the two water plants, Current average wet-weather flows are 14 million
gallons per day, Strength parameters are of course independent of water use. It should also be
noted that wastewater flows are generally inversely proportional to water flows and therefore not
significantly influenced by changes in water use. In other words, during dry weather conditions
water use is high and wastewater flows are low; conversely, during wet weather conditions water
use is low and wastewater flows are high,
Peak-hour flows are used to size wastewater treatment plant influent pumping and equalization
basin facilities. Maximum wet-weather flows are used to design the hydraulic capacity of the
facilities, and to design the various treatment units to meet the maximum day effluent limits,
Average wet-weather flows are used to design treatment units to meet minimum effluent limits.
Strength parameter are used to size sludge and solids handling facilities,
H.R. Green was asked by the Public Works Department to summarize their recommenda.
tlons,
We have reviewed water use by user groups in Iowa City and recognize that some reduction in
use by residential customers may be realized as a result of the recent legislation requiring use
of low volume plumbing fixtures. The amount of savings could be significant if and when all (or
most) fixtures are replaced, We have not estimated the amount of water reduction due to the
numerous variables affecting the outcome, Without an organized program for fixture replacement,
the ultimate savings (reduction in inside water use) will not be realized for many years. It's our
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18
opinion that the published savings (per fixture) are valid but frequency of use (I.e. number of
flushes or length of showers) is difficult to predict and will most likely reduce the amount of water,
saved,
The decision to institute a water conservation program may be affected by looking at:
1, The potential savings in construction cost for a somewhat smaller plant, and
2, The downside of constructing a plant which turns out to be too small.
The first issue is the potential savings in construction cost. Many portions of the plant are
unaffected by a nominal (up to 20%) reduction in plant capacity, The parts of the plant where the
greatest savings can be realized are in the clarification, and softening and filtration equipment.
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The 16,7 mgd plant includes 4-60 ft, diameter clarifiers and 3-60 ft, diameter softening units,
Since these units are manufactured in pre-determined sizes, reducing the size of the plant can
be accomplished by either a) reducing the number of units or b) reducing the size (from 60' to
55W) of all units. Reducing the number of units is not recommended because of redundancy and
reliability issues. The rated capiicity of the plant is based on having one unit of each process out
of service, If the size of the units is reduced from 60' diameter to 55W diameter the resultant
capacity will reduce from 16.7 mgd to 13.4 mgd (20% reduction). Corresponding savings can be
realized by reducing the size of the filters and the treatment building, Other less significant
savings will be realized by corresponding reductions in reservoir capacity, pump size, etc, The
net effect of reducing the capacity from 16,7 mgd to 13.4 mgd will be an estimated savings of
$2,5 million in construction cost.
The downside of constructing a plant which turns out to be too small must be considered. Some
of the items which come to mind are:
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The incremental increase in construction cost to construct an expansion to increase
capacity by 25% to get to 16.7 mgd capacity is estimated to be 2 to 2% times the savings
realized today by constructing a smaller plant. (E.g. - We can have $2,5 million now by
constructing a 13.4 mgd plant in lieu of a 16.7 mgdplant. It will cost $5.0 million to $6.25
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19
million to expand the plant from 13.4 mgd to 16.7 mgd at a later date,) These estimates
are without inflation factors.
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2, What negative reaction might result if water use restrictions are imposed in order to get
through a drought year?
.
3,
Will Iowa City need additional capacity in the future to meet unexpected industrial and/or
commercial growth?
"
4. What negative reaction might result if the City builds a new plant and doesn't have the
capacity to attract a desirable industry?
5,
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6,
Will the University of Iowa request additional water, either through increased demand or
the phasing out of their treatment facility?
What happens if water conservation estimates are not realized?
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We have relied heavily on historic water use in Iowa City as well as trends in the industry and we
recommend that the plant be constructed with a capacity of 16.7 mgd,
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Water distribution operation and maintenance activities such as hydrant flushing. All the
fire hydrants in the system are flushed in the Spring and only the dead.end hydrants are
flushed in the Fall, In the Spring of 1989 extra flushing was required to clean out the
distribution system due to water quality problems associated with oxidized iron and
, manganese (brown water),
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Losses through water main breaks, A summary of the number of water mains that broke
through the above fiscal years is as follows:
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FY90 75
FY91 48
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FY94 77 (so far)
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6. Leaks in the distribution system, from the plant to meters in the customer's buildings,
(These are usually discovered quickly and are of minimal use),
7, Water provided to the U of I or Coralville under emergency conditions. (Coralville was last
supported in June 1993 during a fire emergency,)
8,
Metering system deficiencies, including frozen meters, skipping meters, and old meters
that do not register as accurately. (A meter change-out program for the larger meters was
begun in 1992. Other problems have been corrected as discovered,)
Industry norm for unbilled water for a system of the size and age of Iowa City is somewhere
around 15%.
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WATER HISTORICAL DATA
PREPARED BY DEPARTMENT OF FINANCE
1, A definition of user type and the columns in the water consumption report,
2, Historical data regarding water consumption billed and pumped in cubic feet by user
type for FY1984-1993,
3, Master file of number of accounts by user type for FY89 through FY93,
4, A sheet on historical water rates and the percentage increases for each period,
5, A report which shows the average residential monthly billing (assuming 750 cu,ft, or
5,600 gallons per month) for water, wastewater, solid waste and state tax for FY92-94
and projected for FY95-97,
I would like to highlight some of the FY93 information in item #2, the water consumption billed
and pumped report by user type for FY1984 through FY1993, The City of Iowa City operates
a predominantly residential water system, When you combine University Heights, multi-
dwelling, residential and second meters, this accounts for over 90% of the accounts billed, In
terms of consumption billed or revenue generated, it accounts for approximately 68% of the
revenue received, Commercial users account for approximately 7% of the accounts billed but
approximately 16,65% of consumption billed, Industry accounts for ,16% of the users and has
the highest average consumption billed of over 119,000 cubic feet of billing but only accounts
for 7Yz% of the revenues,
FY92 included a two month stretch of little or no rain in the summer and would account for the
higher water consumption pumped in FY92 compared to FY93 and also FY91, FY92 water
consumption billed would also be higher compared to FY93 and FY91 because of two month
"drought", The number of accounts billed has grown each year from FY89-93 and would reflect
the new housing starts of the community. FY89 was considered a more severe drought than
FY92 and the water consumption pumped is approximately 8% higher than FY92's drought.
As you can see from the report, water consumption billed also was higher in FY89 than any of
the next four fiscal years,
The information from FY84-88 is estimated information. Accurate information of number of
accounts billed, consumption billed by user type was not available going back that far. This
informaiion is, estimated by using the revenue collected for the fiscal year and taking an
average of column 3, consumption billed, to total estimated for FY89-93 and putting in the
average in those columns, so the average consumption billed will be the same for each of
FY84-88, The water consumption billed also was estimated, The water consumption pumped
information is accurate from the water plant.
The number of regular accounts have grown from 14,824 in FY89 to 15,924 in FY93 and is
mostly attributable to new housing' starts, The last water rate increase occurred effective for
billings on September 1, 1991, On average, that increased water rates by approximately 22%-
25%, Also at that time, we consolidated the billed usage over 17,000 and 20,000 cubic feet
into the same rate per 100 cu,ft. The monthly residential user fees (water, sewer, refuse) for
an average consumer (using 750 cu,ft.) in FY92 was $34,19 and $37,69 for FY93 and FY94,
Based on the proposed rate increases in FY95 through FY97, the average consumer would pay
approximately $47, $63, $65 per month respectively,
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DEFINITIONS OF USER TYPE FOR WATER
1) COMMERCIAL - buslnssses (grocers, leundrles, medicel offices, resteurentslbers, shopping/depertment
vsndors) 11047 eccountel'
exemples:
HY VEE STORE
PLEASANT V ALLEY ORCHAROS
EASTDALE VILLAGE
I,C. SPRAY & SHINE
YEN CHING R6ST AURA NT
HIGHLANDER
A.C,T,
CULLIGAN WATER COND
BLOOMINGTON ST LAUNDROMAT
21 GOVERNMENT. city, county, stete end federelegenclee, excluding Unlvereity of lowe (94 eccounts),
3) UNIVERSITY HEIGHTS - ell residentieltmultiple dwelling propsrties in University Heighte bounderies 1371 eccounts)'
4) INDUSTRIAL - menufecturing type eccountsl14 eccounts),
exemples:
SHELLER GLOBE
MiLLARD WAREHOUSE
ORAL B LABORATORIES
GENERAL MILLS, INC
HP SMITH PAPER CO
5) MULTIPLE DWELLING - residentiel properties. service for ebove 4 dwelling units, (846 eccounts)'
6) RESIDENTIAL. residentiel properties (singie femily end up to 4 unit dwellingsl (13502 eccountsl'
7) UNIVERSITY OF IOWA. ell accounts servicing University of lowe propertias, axcluding tenant
rental proparties considarsd residential status 147 accounts)
8) SECOND METERS - water usage not call octad through sanitary sower, eliminating sewer fees (795 accounts)'
'Numbar of eccounts taken from FY93 Traasury Division weter racords,
EXPLANATION OF COLUMNS
COLUMN 1. REVENUE BY USER TYPE: This Column is calculeted by tsklng tho grend total reVenue collectod tlmss tho
percentage biiled by user type In column 3,
COLUMN 2- WATER CONSUMPTION BILLED. This Is the total weter consumption biiled from eech billing for the fiscsl year
by ussr typo,
COLUMN 3. CONSUMPTION BILLED TO TOTAL. Thio column is colculetad by dividing tho consumption biliad In column 2 by
tho grand totel consumption blllad In column 2.
COLUMN 4- # OF ACCOUNTS BILLEO. This Is tho sum of eli tho biils Issuad by usar typo In tho fiscal yaer,
COLUMN 5, %, # OF ACCOUNTS BILLED TO TOTAL. Thla column is calculated by dividing the # of eccounta blliad in column 4
by tho grand total # of eccounts In column 4,
COLUMN 6. A VERAGE CONSUMPTION BILLEO. This 10 celculsted by dividing water consumption bllied In column 2 by tho
number o( eccounta billed In column 4,
COLUMN 7. WATER CONSUMPTION PUMPED. Supplied by tho Water Plant recorda,
COLUMN 8. % WATER CONSUMPTION BILLEO TO PUMPEO. Thla is calculated by dividing total water consumption blllad In
column 2 by total wetar consumption pumped In column 7.
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2/11/94
Consumption In CU, ft,
CITY OF IOWA CITY
WATER CONSUMPTION BILLED AND PUMPED
BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
FlSCAL VEAR 1993
. Watar % % %Wator
ICan.umpUan In Revenue Can.umpUan Con.umpUan Ial IaIAeet. Av.raga Wlter Con,ull1jl,
eu It,) by U.a. BIllad Blllad to Aeell Bllladta Ccnlumptlon ConoumpUan BlUad to
Type leu 1t,I Tatel Blllad Tatel Blllad Pumped Pumped
Unr Typo 1 2 3 4 5 6 7 e
1 Commo..I.1 .566,358 43,653,105 16.65% 7,032 6,93% 6,208
2 aavemmental U07,748 16,300,348 6,22% 730 0.72% 22,329
3 Unlvlnlly Haight. .48,942 3,940,130 1,48% 2,283 2,25% 1,682
4 Indultry .249,627 19,586,310 7,47% 164 0,16% 119,429
5 Muhlpll dw.lllng U44,782 50,591,171 19,30% 5,591 5,51% 9,048
, 6 RllldlnUal . .',524,828 119,641,355 46,64% 82,109 60,94% 1.457
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I 7 Unlvanlty 01 Iowa .58,655 4,502,173 1,76% 336 0,33% 13,697
-'? 8 Sleand Moton .49,960 3,922,314 1,50% 3,187 3,14% 1,231
9 Mlle.Oan.oulI n07 8.400 0,00% 7 0,01% 1,200
arand Total .3,341,047 262,145,904 100,00% 101,439 100,00% 2,564 302,048,932 86,79%
i' GI~dTot'" Fromy,...,ryDhilit:\ 121 WI'" Conunp, 141101AccI.Btlltdl 12lW.ltrConunp, ,,,'" 12) Will"
II 131 "olContumptJon WlttlRllCOrd. ...., 141G,.,d Tor" , BiU.dl W.I., D1v1llon Rec;.a,d, ConMlll,Billf'd'
Biltdlo TOItI 12IG'a'ldTotIlWlttr 01 Actt. BllIod 141'01 Atet.IliUtd 17lWIllfl
Conunp.lliItd ConM1jlllon
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. Weta. % %
ICon.umpU.n In Revenue ConlumpUon Conoumptlan Ial IaIAeet. Average
eu It,) by U.ar BlII.d BlII.d to Aceto BlII.d to ' Can.umptlan
Typo leu It,) Total BlII.d Total BlII.d
U... Typ. 1 2 3 4 5 6
1 Commo..laI .578,394 46,764,503 17.31% 7.058 7.21% 6,624
2 aavammontal .'97,863 15,994,245 6,92% 723 0,74% 22,122
3 Unlv.nlty H.lght. .49,439 3,996,390 1.48% ~,290 2,34% 1,745
4lndu.try .239,132 19,330,230 7,16% 170 0,17% 113,707
5 MulUpI. dw.lllng 1629,866 60,015,219 18,86% 4,737 4,84% 10,748
6 ROIld.ntl.1 .',526,655 123,407,236 45,66% ' 80,163 81,89% 1,539
7 Unlv.nlty of Iowa .64,118 4,374,630 1,62% 313 0,32% 13,976
'8 8.eand M.t.n .66,371 5,294,269 1,96% 2.419 2,47% 2,194
9 Mlle.llaneou. Ul0 17.000 0,01% 13 0,01% 1,308
arond Tat.1 tJ,248,964 270,073,712 100.00% 97,886 100.00% 2,759
O,.,dTouf, FlomTI..-ryOlvll'on 12lWtetlConll.lTl9, 141'o1Acct1Blltdl 12IWIC"ConlUfTlll.
I r31"oIConunpdon WII"nte.Ofd. ...., 1410,.-.4101'" B1Utdl
BIItdloToul 12lQr~To("W.u, 01 Autl 0ilI1d I~I 101 Au1.8III1d
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CITY OF IOWA CITY 2/11/94
WATER CONSUMPTION BILLED AND PUMPED Consumplion in CU, ft,
i BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
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,1 FISCAL YEAR 1993
1 Water % % % Water
ICon.umpUon In Revanue Conlumptlon Con.umpUon Iof Iof Accta Avoraga Wata, Conaump.
eufl.) byU.., Blllad BlII.d to Aceta Blllad to ConaumpUon Con.umpUon BlUadto
Typa leu 11,) Total Blllad Total Blllad Pumped Pumptld
U.a, Typo 1 ,2 3 4 5 6 7 8
1 Commarclal 1566,366 43,653.105 16,65% 7.032 6,93% 6.208
2 Goyom"",nl.1 $207,748 16,300,348 6,22% 730 0,72% 22,329 ' '
3 Unlva..lly Hal9ht. 148,942 3,840,130 1.46% 2,283 2.25% 1.682
4lndu.try 1249,627 19,666.310 7,47% 164 0,16% 119.429 "
5 Multlpla dwalllng 1644,792 50,591,771 19.30% 5,591 5,51% 9,049
6 Ha.ldand.1 . 11,524,928 119,941.355 46,64% 62,109 80,94% 1,467 .:
I 7 Unlva..lty of Iowa 166,655 4,502,173 1.76% 336 0,33% 13.697
~~ 8 6.eond M.ta.. 149,990 3,922,314 1.50% 3,187 3,14% 1.231
9 M1lc.Uanloul 1107 8,400 0,00% 7 0,01% 1,200
i Orand Tot.1 13,341.047 262,145,904 tOO,OO% 101,439 100.00% 2,594 302,040,932 86,79%
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Olll\dTolllt r,ornTIlIlUIYDlvh.Cl1 (2)w.t"CCItIQTIjl, 141 101 Aul' Baltdl l2IW.ltlCmlUlTlp. F,on 121WM.,
II (31 "olConlllmptlon Wat.rRecclIcI. Siledl 1410rlnd Tot" , BiU.,g WamOll'ltlonR6cordl CCWlIlUfl\P,BilIIdI
IlilItd10 TllllI I:nOrll\dTotllWattl olkct.8llIod 141'01 AccI.DUItd 11lWIIltf
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FISCAL YEAR 1992
I Water % %
ICon.umpdon In RIVlnUll Conlumptlon Con.umpdon Iof IofAeel. Averago
eu 11,) by Un, BlI'od Blllod to Acct. Blllod to ' Con.umptlon
Typa leu 11,) Total Blllad Tol.1 Blllad
U.a, Typa 1 2 3 4 5 6
1 Commarclal 1576,394 46,754,503 17,31% 7,066 7.21% 6.624
2 Govommental 1197,963 16,994,245 5.92'16 723 0.74% 22,122
3 Unlvo..lty Halghto 149,439 3,996,390 1,48% ~,260 2,34% 1,745
4Indu.'ry 1239,132 19,330,230 7,16% 170 0.17% 113.707
5 Muldpla dwelling 1629,966 50,915,219 18.85% 4,737 4,84% 10,748
S Ha.lda"tlal 11,526,655 123.407,236 45,69% ' 80.163 01,89% 1,539
7 Unlverally of Iowa 154,lle 4,374,630 1.62% 313 0,32% 13,976
'8 Saeond Mata.. 166,371 5,294,259 1.96% 2.419 2.47% 2,184
9 MI.eell.naoua 1210 17,000 0,01% 13 0,01% 1.308
Grand Total 13.246.964 270.073.712 tOO,oo% 97.666 100.00% 2,759
OllndToul, frcmT"..llYOIYlllon 111 Wlttt ConNTIP, 141 101 Accu8laodl 12lWlttlConlllllTlP,
1131 "olConNllpdon Willi I*orcl. .."', l410/nToUI' .."',
8IItdloTotll 121 a.Md Toul W." 01 Accl.BllItd 1411olAcc1IBi111d
CllI\IUIIIP,8IlI1d
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WATER CONSUMPTION BILLED AND PUMPED
BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
2/11/94
Consumption in CU, ft.
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FISCAL YEAR 1991
-. I Wate, % % %Wat..
lConlump~on In' Revenue Conlump~on ConlumpUon Iof #of Acct. AV.rlga W.te, Can,ump. /,
cu It,) by U.e. Billed Billed to Acctl Billed to Con.umptlon Con.umptlon Billed to
t Type Icu It,) Tot.1 BlII.d Total Billed Pumped Pumped
Ual' Type 1 2 3 4 6 8 7 8
1 Commercl.1 1455,344 44,987,814 17,70% 6,949 7.28% 6,474
2 Oovemment.1 1127,968 12,943,223 4,97% 716 0,75% 17,656
3 Unlv."lty H.lght. 136,888 3,944,550 1.43% 2,288 2,40% 1,594
4lndu.try 1210,503 20,607,604 6,19% 156 0.17% 131,693 !",
5 Mul~p1. dw.lllng 1515,108 60,892,314 20.03% 4,516 4,73% 11,272
6 Rnld.n~.1 11,166,134 114,128,789 44,91% 78,426 82,19% 1,456
7 Unlva"lty of Iowa 142,130 4,162,440 1.64% 338 0,35% 12,388
8 Second Mile" 128,979 2,883,070 1,13% 2,017 2,11% 1,419
9 MI,cellaneou, 1146 14,300 0,01% 12 0,01% 1,192
Orlnd Tot.1 12,572,297 254,142.004 100,00% 95,414 100.00% 2,664 303,454,911 83,76%
G....dToIII. From TreUlry OI."hIOll 12lWlterConlUfllp. 141 '01 Al;cll llilItdl 121 WIl.1ConlUfllp. ,,"" 12IW_t1
II 131 '.4 01 ConUllpdOll Willi Reco.dl BiUedl 14IG,...dToIII, Biaedl WIt.rOlvllionAecordl ConMT\9. BiPedl
Illlled10 ToIII 121 flr...d TOIIIWIIIII 01 Aul.8lRed 141 lolAccIl BiRed I7IWIlIf
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I Wate, % % % W.ter
ICon.ump~on In Revenue Conlump~on Con.umptlnn Iof # of Acct. Aver.g. Water Con.ump.
cu 1t,I by Un. Billed Billed to Acct. BlII.d to Con.ump~on Con.ump~on BlII.d to
Type Icu 1t,I Tot.1 Billed Tot.1 Billed Pumped Pumped
Un, TYD8 1 2 3 4 6 8 7 8
1 Commercial 1415,216 44,691,144 17.41% 6,948 7.42% 6,432
2 Oov.mment.1 1101,974 10,976,816 4.28% 726 0,77% 16,139
, 3 Unlv."lty H.lghte 137,796 4,087,960 1,56% 2,324 2,46% 1,750
( 4lndu.try 1160,906 17,318,738 6,76% 168 0,16% 104,330
6 Mul~p1. dw.lllng 1488,598 62,569,254 20.46% 4,518 4,82% 11,646
8 R..lden~.1 11,127,187 121,323,020 47,25% 77,704 82,97% 1,581
7 Unlv."lty of low. 145,448 4,891,700 1,91% 329 0,36% 14,856
8 Second M.t... Is.o77 869,373 0,34% 933 1,00% 932
<-~ 9 Mlmll.neoul 1161 18,200 0.01% 12 0,01% 1,350
I Orand Tot.1 12.385,346 258,743,204 100,00% 93,657 100,00% 2,741 316,861,819 81.07%
Orll'ldTCllII' FtomTlllalryDlvlliCll'l 12IW"'"ConllJlTl4l' 141'01AuIlMldl 12lW.letConlUtllp, F,,,,, 121 Willi
II (,11 'A 01 Conll.WflPllon WlltlAtcardl Bl~ldl 14lflrll'ldTotll' BilItdl WlttlOlvltlonntcOldl Con."""BIIldl
IliItdlnTotll 121 Grind TotIlW_t1 01 AullIWItd (41 101 Autl Blbd I7IWIl"
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2/11/94
Consumption in CU, ft,
CITY OF IOWA CITY
WATER CONSUMPTION BILLED AND PUMPED
BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
FISCAL YEAR 1909
-
I Water % % 9(,W.ltr
ICon.ump~an In Revenue Con.umption Con.ump~an lal , 01 Acct. Averago Water Conlump.
cult,) by Um Billed BlUed 10 Acct. BlUed 10 Con,umption Con.umptlan BIlled to
Type Icu 1t,I Tatel Billed Tatel BlUod Pumped pumptd
U.., Type 1 2 3 4 5 6 7 8
1 Commerclel 1453,150 50,852,366 le,199(, 7.021 7,66% 7,243
2 Gavemmenlel '176,406 19,790,241 7,OB9(, 740 0,81% 26,762
3 UnlvereUy Helghte 141,764 4,666,705 1,669(, 2,378 2,69% 1,971
4lndu.try 1152,412 17,103,500 6.129(, 163 0,18% 104,930
5 Multiple dwelling 1485,297 64,459,601 19,489(, 4,515 4,92% 12,062
6 R"ldenU.1 U,I43,433 126,315,62B 45,909(, 76,633 83,47% 1,677
7 Unlvorelty 01 Iowa 138,718 4,344,916 1,65% 323 0,35% 13,452
8 6ecand M.tere 10 0 0,00% 0 0,00% 0
9 MlmUaneou. 1119 13,400 0,00% 13 0,01% 1,031
Grand Talal 12,491,299 279,572,656 100,00% 91,666 100,00% 3,049 348,937,994 60,12%
OlnTa'" . fll:II1lTl....IIYOIvltlon 121WltlfConll.lmp. 141101Acct.&IIItdl 12lWIlI'ConlURlp. '.on 12lWIlC"
x Q!"OIConunpllon Wlllfn.co,d. ..", 1410rlfldToulI llilledl W8f."DivlllonRtCOrd. ConlUlTlP,NIldf
8ilItd10 Totll 121 G'a'ld Toul Wlttl olActullillod 141101Acct.Biltd l1JW."
Conunp.Billtd C............
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ESTIMATED FISCAL YEAR 19S0
- I % % Wet..
Water %
ICan.umpUan In nlVlnU. Con.ump~an Can.umpUan lal lal Acct. Average Weter Can.ump,
cu It,) by Um BlUed BIlled to Tatel Acct. BlUed 10 Con.umptlon Con.ump~an B111.d 10
TV"" Icult,) Ee~mated BlUed Tatel BlUed Pumpod Pumped
U.., Tvpo 1 2 3 4 5 8 7 8
1 Commercle' 1412,209 42,693,106 17,46%
2 Gavemmentel 1134,510 13,931,407 5.69%
,...~ 3 Unlvereltv Helghl. 136,092 3,738,165 1.63%
\
\ 4lndu.try 1166,686 17,466,667 7,14%
5 MurUple dwelling 1483,656 48,021,624 19,63% (....,.-NOT AVAilABLE.....,....>
6 R..'den~e1 U, 107, 129 114,667,078 48.87%
~ 7 Unlvereltv of lowe 139,922 4,134,748 1.69%
" 8 6ecand Metere 10 0 0,00%
I 9 MI.ceUenlou. 1124 12,834 0,0052%
I:
i I Grend Tatel 12,362,227 244,669,635 100,00% 302,048,932 e1.oo%
',on
O,tndTOlllt ,....." 121WlltlConlUlT\fl. WllCtlOIwhlllll I2IWlltf
.. 131 "oIConlU'Tlptl<<l ..", Reco,d. CllI\UJ\P.llIItdf I ,~~
61bdtllTotal 12I0rll'\dTll!alWlltl 17lWIltl
ConlUl'lCl,llllItd c............
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ESTIMATED FISCAL YEAR 1987
0 Waler % % %W.t.r
lc.n.umpdon III Revenua Conlumptlan Conilumptlon Iof Iof Accto Av.rag. w.t.. c.n.ump.
cult.l byU.., BlUod BlU.d to Toto! Aceta BlII.dto Conlumptlon Conlumptlon BlII.d to
Typo lcu It,) E.dmat.d BIII.d Tot.1 BlII.d Pumpod Pumped
t' User Type 1 2 3 4 6 6 7 8
1 c.mmorclo! 0363,653 42,654,796 17,45%
\', 2 Oov.mmonto! 0116,402 13,918,906 6,69%
;: 3 Un/v...lty H.lght. 130,966 3,734,800 1,63%
'i" 4lndu.try 0144,621 17,443,001 7,14%
6 Muldpl. dw.mng 0397,792 47,978,433 18,63% < ...._.NOT A V AILABLE---....)
6 R..ld.nd.1 0949,856 114,694,183 46,87%
7 Un/V1I..lty of low. 034,251 4,131,038 1.69')6
8 8.cond M.t... 00 0 0,00%
9 MllceUaneou. 0106 12,823 0,0052%
Orand Tot.1 02.026,667 244,44ll,093 100,00% 301,777,893 81,00% \'
',om
Glll'ldfoul' EItIrTlltId I2IW."COl'llU'llp, WlltlDlvlllon 12lW.."
II 131 "OIConUT\fltlcrl ...u Rm,d, Conunp,lliItdf
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ESTIMATED FISCAL YEAR 1988
t
0 w.t.. % % %Wot..
Ic.n.umpdon III Revenue c.n.umpdon Con.umpdon Iof Iof Acct. Av.rogo Woto, c.n.ump,
cu ft.1 by U..r Blllod Blllod to Totd Acct. BlII.d to Con.umpdon c.n.umpdon BlII.d to
Typ. Icu 1t,I E.dmat.d BlII.d , Tot.1 Blllod Pump.d Pumpod
U,er Type 1 2 3 4 6 6 7 6
1 Co""",rclol 1300,793 42,891,820 17.46%
2 Oov.mmontol 098,153 13,996,251 6,69%
3 Un/V1I..lty H.lght. U6,337 3,756,554 1,53%
4lndu.try 0123,004 17,539,928 7.14%
6 Muldpl. dw.lllng 1338,334 46,246,039 19.63% <........NOT AVAILABLE..........)
\ 6 R..ld.ndol 0807,683 116,200,793 48,87%
, 7 Unlv...lty of low. 029,131 4,153,993 1.69%
'I 8 S.cond Mot... 00 0 0.00%
~ 9 MI",U.n.ou. 090 12,894 0,0062%
Orand Tot.1 01.723,741 245,798,397 10ll,OO% 393.464,811 81,00%
I "om
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CITY OF IOWA CITY
WATER CONSUMPTION BILLED AND PUMPED
BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
2/11/94
Consumption in CU, ft,
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WATER CONSUMPTION BILLED AND PUMPED
BY USER TYPE FOR FISCAL YEARS 1984 THRU 1993
2/11/94
Consumption in CU, ft,
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,; ESTIMATED FISCAL YEAR 1985
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(Con.umpUon In Revenue Con.umpUon Con.umpUon , 0' , a' Acct. Average Water Con.ump,
'! cu It.) by U.a, B111.d B1Uod to Total Acct. B1l1ad to Conlumptlon ConlumptJon Bm.d to
, Typo Icu It,) E.U"",t.d BlUed Total BlII.d Pumped Pumpod
,
,,' U.er Type 1 2 3 4 6 6 7 6
1 Commercl" 1299,Ose 44,761,392 17.46%
2 OOVtmmental 197,697 14,606,320 6,69%
3 Unl.e..~y Height. 126,1se 3,91B,251 1,63%
4 Indu.toy 1122.307 lB,304,459 7,14%
6 MulUple dwelling 1336,416 60,347,947 19.63% (.......,NOT AVAILABLE..........> ,
,
,! 6 Re.ldenUel 1603,303 120,222,172 46,67%
"
I 7 Unl.e..~y a' lowe 126,966 4,336,067 1.66%
, 8 Second Mete.. 10 0 0,00%
I 9 Mllcellanaoul ISO 13,456 0,0052%
!
, Grend Totel 11,713,970 266,612,273 100,00% 316,681,B19 61.00%
F,,,,,
Ora'ldfotllt Elflmlttd 12lWIlII,cMunp, W.wDIvlIkrl 121Wlttf
I C3''AoIConUTlfldon .."', lItalld. ConlUmp.BiIIIdI
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ESTIMATED FISCAL YEAR 1984
I Wete, % % % Wetor
i....~ ICon.umpUon In Revenue Con.umpUon Con.umpUon #Of #01 Acct. A.orego Wet.. Con.ump,
C;' cu It,) by UII' B111.d Bllld to Totel Acct. Billed to Con.umpUon Conlumptlon BlII.d to
~ '}:: Type Icu 1t,I E.Umated BlII.d Tot.1 Billed Pumped Pumped
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\ ," U.er Type 1 2 3 4 6 6 7 8
\ ' 1 Commercl" ' 1311,027 49,320,641 17.46%
2 Oo.emmen,.1 1101,493 16,094,072 6,69%
3 Unl.enlty H.lght. 127,233 4,318.463 1,63%
4lndu.toy 1127,199 20,168,892 7,14%
5 MuJUpl. dwelling 1349,646 86,476,224 19,63% (........NOT AVAILABLE,.........>
6 R..ld.nUaI 1635,370 132,467,610 46,87%
7 Unl.enlty a' lowe 130,122 4,776,612 1.69%
8 6scond M.ten 10 0 ' 0.00%
~ 9 MI.c.lI.n.ou. 193 14,826 0,0062%
Orlnd Totol 1',782,368 282,639,776 100.00% 348,937.964 81,06%
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HISTORICAL
WATER RATES
RATEWATR.XLS
Date of Rete
Increasel ,
% Incraesa Jun.81 1.Dec.81 %Incr, 1-5eo.86 %Incr. 1.Sen.87 %Inor, 1.Seo.88 %Inor, 1.Seo.90 %Incr, 1-5eo.91 %Inor,
Minimum 200 2,60 2,60 3,25 25,0% 3,60 10,8% 3,80 5,6% 4,15 9,2% 5.30 27,7%
Next 2,80Q 0,56 0.60 7.1% 0,75 25,0% 0,83 10,7% 0,87 4,8% 0,90 3,4% 1,10 22.2%
Next 17,000 0.34 0,36 5.9% 0,45 25.0% 0.50 11.1% 0,53 6,0% 0,65 22,6% 0,79 21,5%
Over 20,000 0,30 0,32 6,7% 0,40 25,0% 0.44 10.0% 0.46 4,5% 0,60 30.4% 0.79 31.7%
2nd Meter No fee No fee No fee No fee .. .. 1.10
Monthly Min,l
Meter Size
5/8' Meter No fee 2,60 3,25 25,0% 3.60 10,8% 3,80 5,6% 4,15 9,2% 5,30 27,7%
3/4' Meter No fee 3,00 3,75 25,0% 4,15 10,7% 4.35 4,8% 4.75 9,2% 5,80 22,1%
I'Meter No fee 3,50 4,40 25,7% 4.85 10.2% 5,10 5,2% 5,60 9,8% 6,85 22,3%
11/2' Meter No fee 7,00 8.75 25,0% 9,65 10,3% 10,15 5,2% 11.15 9,9% 13,65 22.4%
2' Meter No fee 9.40 11.75 25,0% 12.95 10,2% 13,60 5,0% 15,00 10,3% 18.35 22,3%
3' Meter No fee 17,40 21.75 25.0% 23.95 10,1% 25,15 5,0% 27,75 10,3% 33,90 22,2%
4' Meter No fee 30,35 37,95 25,0% 41.75 10.0% 43,85 5,0% 48.40 10.4% 59.15 22.2%
6' Meter No fee 61,10 76.40 25,0% 84.00 9,9% 88,20 5,0% 97.40 10.4% 119,05 22,2%
.. Note: Seoond meter ohergee were seme es first meter, until September 1, 1991,
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CITY OF IOWA CITY
PROJECTED MONTHLY RESIDENTIAL USER FEES FOR WATER, SEWER AND SOLID WASTE
DUE TO CAPITAL PROJECTS FINANCING OVER THE NEXT SEVEN YEARS
(ASSUME 750 CUBIC FEET OF WATER PER MONTH)
,:;
" ~ FY 95 FY96 FY 97
i
, FY 92 FY 93 FY 94 Current Propoeed Propoeed Propoeed
!
\ Average per Average per Averege per Averege per Averago per Avarege per
1 Ueer Fee Month Month Month Month Month Month
Water $11.35 $11.35 $11.35 $13,05 $26.76 $27,16
, Wastewater $14.77 $14,77 $14,77 $19,94 $21.14 $21,56 ,',
,\
, ; Solid Wast~ $7,50 $11.00 $11,00 $13,15 $13.65 $14,55
f
'!', Stata Tax-Water only $0,57 $0,57 $0,57 $0,65 $1.34 $1,36
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. ~ ,..... 't Totel Monthly $34,19 $37,69 $37,69 $46,79 $63.08 $64,63
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" % Incrasse 24,16% 34,60% 2.45%
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r Rete incraase Assumptions: . ,
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j Wastewater % Increase' If If 35,00% 6.00% 2,00%
,! Solid Weete.Refusa $7,50 $8,75 $8,75 $10,75 $11.35 $12,00
Solid Waete.Curbside $0,00 $2,25 $2.25 $2.40 $2,50 $2,55
'...:.
..". Assumee a rete Increeee effective for billlnge efter June 30 of eech veer and is besed
on tha sevan year Cepitellmprovement Project Plen
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City of Iowa City
MEMORANDUM
Date:
September 16, 1993
To:
City Council
From:
City Manager
Re:
Planning for Water Facility Improvements
'...',
The following is a summary and update on the status of planning for improvements to the
water supply, treatment, storage and distribution system for the City of Iowa City.
Planning to date has included a Comprehensive Study in 1990 which addressed the condition
of existing facilities and provided general recommendations for further investigation of
groundwater sources and major treatment plant improvements,
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Groundwater investigations were conducted in 1991 and 1992 to study the capabilities of
shallow alluvial and buried valley aquifers south and east of Iowa City. Results were less than
optimistic for development of significant portions of the City's water needs and it was recom-
mended that these sources not be investigated further.
,....:....
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Current studies are concentrating on location and preliminary design of source and treatment
options using a combination of Iowa River water and groundwater from the Silurian/Devonian
aquifer and the Jordan aquifer. The most economical and aesthetically pleasing water for
Iowa City, taking into account availability and re'liability, appears to be from a combination of
these three sources,
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A final recommendation for source and treatment should be forthcoming within the next few
weeks. It will most likely include up to three Jordan wells and five or six Silurian/Devonian
wells, plus a new water intake structure on the Iowa River upstream from Interstate 80.
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The Jordan and Silurian wells will be located along a raw water main which will be installed
parallel to and south of 1-80 extending from west of Dubuque Street eastward to Scott
Boulevard, It is conceivable that this main may be extended south along Scott Boulevard also,
The wells would likely be spaced at one-half to one mile intervals.
The location of an intake on the Iowa River upstream from 1-80 is strategic for several
reasons: 1) water can be withdrawn upstream from 1-80 hence further minimizing the risk of
contamination as a result of a mishap along the interstate, 2) water can be withdrawn
upstream from Clear Creek which carries significant agricultural and livestock runoff as well
as the potential future discharge of the sewer plant effluent from Coralville, 3) the dam at the
Iowa River Power Company creates a pool with significant depth to facilitate the construction
and operation of an intake, The control and continued maintenance of this dam could likely
become a component of the surface water source.
A site has tentatively been selected for the new water treatment plant. The proposed site is
near Interstate 80, west of Dubuque Street and west of Radio Station KXIC, There are
several advantages to this site:
1.
Easy and safe access from 1-80 for the delivery of hazardous chemicals such as
chlorine,
Adequate room for expansion,
Easy access for utilities such as raw water and finished water mains.
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It will be proposed that the new water plant be phased construction. Some of the process
units will be designed for their ultimate capacity (40 + years), These processes would include
the raw water intake, various plant and yard piping, etc. Other process units, such 'as pumps,
filters, chemical feed systems, etc., will be designat'ed for a 20-year period. In all cases
provisions will be made in the initial design to account for future expansion by simply
constructing additional treatment units.
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Regulations impacting drinking water quality have been changing rapidly the last few years
and new regulations are being proposed which will likely further impact Iowa City's water
supply in the foreseeable future. Provisions will be designed into the new facility to allow
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treatment technologies and process units to be added in the future when the proposed
regulations are better defined, and likely to be more stringent. Whenever practical the plant
will have maximum flexibility designed into it to meet future conditions,
The plant is proposed to face south and be visible from 1.80, The plant will incorporate lime
.
softening similar to the processes used at the University of Iowa Water Plant. The resultant
lime sludge can be handled and disposed of in a number of ways, Preliminary investigations
indicate the most economical and reliable means of treating and disposing of the slu~ge is
storage lagoons followed by land application, The lagoons will probably be located north of
the plant.
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The location of the new water plant will impact the Iowa City water distribution system,
Currently the Iowa City distribution system is analogous to a wheel where the existing water
plant is the center and the distribution system is supplied water radially from the plant. There
are areas at the outer edges of ,"spokes" where there is low water pressure, The proposed
plant location will require new lines be constructed to transport finished water into the
existing system, These lines from the new water plant will be located to help alleviate the
areas with low pressure. The site of the existing water plant is projected, at this time, to be
converted to a booster pumping station and utilize the existing water storage facility in the
University of Iowa parking ramp,
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Further recommendations for water facility improvements will be presented to the Council in
October.
cc: Chuck Schmadeke
Karin Franklin
Department Directors
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TECHNICAL PLANNING GRdUP
The following, citizens participated with this study as the Technical Planning
Group, An individual's participation in the Technical Planning Group should NOT
BE INFERRED AS AN ENDORSENENT of thi s report.
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C, TECHNICAL PLANNING GROUP
Technical Planning Committee
Eighteen Iowa city citizens were asked to form the study's
Technical Planning Group. The Group was formed to guide and
to react to the consultants' and Water Department's issues as
the study progressed,
The Group's members were selected by the Water Department.
The participants' technical background, residency in the
'community and vested interest in Iowa City Water were
considered in the selection process. For example, Dr. Peter
Wallace of Pediatrics Associates is a long term Iowa City
resident, has a professional interest in water quality and has
been an advisor to the Water Department over several years.
Duane Oldfield of Proctor and Gamble has technical background
in water quality and water quantity issues from a
manufacturing perspective.
VIII-6
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A balance between technical persons and IIconsumersll was built
into the Group. Most members of the Group are also private
individual consumers. The membership of the Technical
Planning Group is listed in the acknowledgeme~t page in the
front of this document.
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The Group met on three separate occasions, A process
facilitator moderated and lead the group at each session.
Optimal participation and a defined work product were equally
important goals for each session, There were no shy members
of the Group. At these sessions, participation by the city
staff and the consultants was limited to responding to
technical questions posed by the Group.
The nominative group technique, forced choice matrixes, large
group and small group interaction and other structured
interaction techniques were used. At the first session, the
Group generated an exhaustive list of concerns about Iowa
city's Water service.
Once generated, terms were defined, issues consolidated and
concerns messaged. These concerns were placed into a priority
ranking as follows:
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Highest priority:
Germs/Pathogens/Indicators
EPA Standards
Communications/Warnings
Chemicals/Chlorine
Dependable/Reliable Service
Costs
Taste/Odor/color
Safety (employee)
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Second priority:
Public Awareness
Product Consistency
Source Quality'
Total Dissolved Solids
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Third Priority:
Regional Relations/cooperation
Confidence (public)
Conservation (of water)
,Efficiency
Facilities
Future Product Needs
By the time the third Group meeting was held in January, the
consultants had identified several key alternatives for the
source and treatment of water. The conceptual alternatives
included such major issues as:
Chemical treatment of water
Water sources: river/wells/combination
Two distinct water qualities
Two water treatment facilities
A forced choice matrix procedure had the Group evaluate each
of their concerns against the above listed issues.
For example, "Germs/pathogens/Indicators" was evaluated in
light of Chemical treatment/water source, dual treatment, and
dual facilities. The group processed each of the 18 concerns.
The major points of general agreement by the Technical
Planning Group are listed below:
Iowa City's preferred water source is ground water.
One, consistent and reliable water quality in the community
and hence a single water treatment facility is preferred.
Fundamental expectations of the water product include safe
water that meets or exceeds federal and state standards.
Taste/color and odor of water is as important as the cost
of water.
VIII-8
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Public education and ongoing consumer communications about
water quality and water service issues should be part of the
water utilities mission.
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The Group could reach little agreement on the following
issues:
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Future water quality/product'needs
Regional relations/interactions
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24,27,
i4,58,
.397.7,
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'~fr ,~:;li'i,'
:~~~{:f;i;i.: A bosrd member sppointed to fi,lI 0 ,vacancy occu~-
.:!"!, ,z~l~\:nng ~y reason other th~n the eXptratlO~ of a term IS
::\1 ~~:t\(sppomted for the balance of the unexpired term,
,~, fi}~;'\;: A public officer or a 5alsried employee of the city
,:~:." r;;~!':may not serve on 0 utility board.
./ ;;,,,;, , ,: [C97, ~747i 813, ~747-a, -b; C24, 27, ~6147, 6148,
> ':flY 8157j C31, 35, ~6147, 6148, 6157, 6943-cl, -c2, -c3j
,::}; ,~t:: C39, ~6147, 6148, 6157, 6943.001-6943,003;
':". :,,:,,',", C46,50, 54, 58, 62, 66, 71, 73, ~397.32, 397,33, 398.8,
,/,~ :~1\:'420.297-420,299i C75, 77, 79, 81, ~388,31
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:.ii., ,7:.').; 388.4 Utility boord,
~;t~ ~f:/, The title of a utility bosrd must be sppropriste to
"'.":') ,~~':, ths city utility, city utilities, or combined utility sys-
,,::it f::'):',:' tem administered by the board, A utility board may
\t li;:' be a party to legal action, A utility board may exer-
, ,':~ t,;:, ciee all powers of a city in relation to the city utility,
,(!\ l\;X city utilities, or combined utility system it adminis-
'~0; iii,", tera, with the following exception5:
,:.~,::i~ ':.1: A board may not certify taxes to be levied,
':t to'.;:, pass ordinances or amendments, or issue general ob-
".~,~ (',','>' ligstion or special assessment bonds,
",:.;ii',' '2, 'The title to all propertyofa city utility or com-
'A h:<, bined utility system mU5t be held in the nome of the
::-: V, city, but the utility board hss all the powers and su-
:~ t:, " thorities of the city with respect to the acquisition
::~' 'Lo'.' by purchase, condemnation, or otherwise,lease, sale,
,::i ~:' or other disposition of such property, and the man-
,", ,;,' agement, control, and operation of the some, subject
.';:, ;L. to the requirements, terms, covenants, conditions,
',:~. and provisions of any resolutions authorizing the is-
" :;':" auance of revenue bonds, pledge orders, or other obli-
'"' gstions which are payable from the revenues of the
,: r", city utility or combined utility system, and which are
", then outstanding,
" ~' " " 3, A board shall make to the council a detailed
....,:, J". .
;,;1" annual report, including a complete financial state-
.; I", ment,
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.,:, T', ,! 4. Immediately following 0 regular or special
;.:: ;', ' meeting of a utility boord, the secretary shall prepare
, \ d
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,,',
;' l' board and cause the statement to be published in a '
',,: t:: newapsper of general circulation in the city, The
atatement muat include a list of all claims allowed,
,,< )' " ahowing the name of the person or firm making the
clsim, the reason for the claim, and the amount of
the claim. Salary claims must show the gross amount
oflhs claim except that salaries paid to persona reg-
ularly employed by the utility, for services regularly
i performed by them, muat be published once annually
, ,;' ahowing the gross amount of the salary, In cities hav-
" ,:, ing more than one hundred fifty thousand' popula-
tion the utility board shall each month prepare in
pamphlet form the statement herein required for the
preceding month, and furnish copies to the city Ii.
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CITY UTILITIES, 1388.8
brary, the doily newspapers of the city, the city clerk,
and to persons who apply at the office of the secre-
tary, and the pamphlet shall constitute publication
as required, Failure by the secretary to make publi-
cation is 0 simple misdemeanor.
[813, U056-a7, -c24; C24, 15678, 6149: C27, 31, 35,
1,5676-s2, 6149, 6159-al; C39, ~5676.2, 6149,
6159.1; C46, 50, 1363,52, 397,34, 398.11; C54, 58,
62,66,71,73, 1368A.7, 368A,24, 397.34, 398,11: C75,
77,79, 81, ~38B.4]
388.5 Control of tax revenues,
A utility hosrd shall control tax revenues allocated
to the city utility, city utilitiea, or combined utility
system it administers and all moneys derived from
the operation ofthe city utility, city utilities, or com-
bined utility system, the sale of utility property, in-
terest on investments, or from any other source re-
lated to the city utility, city utilities, or combined
utility system,
, All city utility moneys received must be held in 0
separate utility fund, with a separate account or ac-
counts for each city utility or combined utility sys-
tem, If a bosrd administers a municipal utility or
combined utility system, moneys may be paid out of
that utility account only at the direction of the
board,
[C97, ~748; C13, ~741-b, 748; C24, 27, 31, 35, 39,
~5676, 6158; C46, 50, 1363,50, 398.9: C54, 58, 62,
66,71, 73, ~368A,6, 398,9: C75, 77, 79, 81, 1388.5]
388.6 Discrimination in rates,
~~'.liiileif,iilllity.ay8teIitlllii11l011'
~Vidi:iiiie1orr~lVlce:Il"'.I':diacriminatory:ra~'f.
c:.eptto:tb~~ity:6r:l!JVagcncie",asJlrovidedin'8eotiol~
38CtI
[C75, 77, 79, 81, 1388.6]
388.7 Prior utility board,
A utility board functioning on the effective date of
the city code shall continuo to function until discon-
tinued as provided in this chapter, and has all the
powers granted in this chapter.
Nothing in the city code shall be construed to
allow the obrogation of any franchise.
IC75, 77, 79, 81, ~388,7J
388.8 Easement continuance,
If 0 city exercised a right to an easement on prop-
erty before January I, 1950, for the establishment of
water, sewer, or gas or power lines, the city has ac-
quired the right to exercise a continuing easement on
that property to the axtent necessary for repair and
maintenance of those lines.
[81 Acts, ch 129, III
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PIMA ASSOCIATION OF GOVERNMENTS
In N. CHURCH AVENUE
SUITE 405
TUCSON, ARIZONA 85701
(602) 792.1093
FAX: (602) 620-6981
TRAVEL REDUCTION PROGRAM
:'1
TUCSON, ARIZONA
FACT SHEET
, The Travel Reduction Program (TRP) is the result of local Ordinances passed in early 1988
by five local jurisdictions (Pima County, City of Tucson, City of South Tucson, Town of Marana,
and Town of Oro Valley). The objectives of the Ordinances are to improve regional air quality
and reduce traffic congestion by requiring that Major Employers (over 100 full-time equivalent
employees, at a single site) achieve set goals of alternate mode usage (carpool, vanpool, bicycle,
walk, or transit) at least once per week or reduction in vehicle miles traveled by their
employees in their daily work commute.
",
Fmployees that work compressed work weeks, utilize telecommuting or commute in CNG,
propane, or electric vehicles receive AMU credit. The 15% alternate mode usages (AMU)* should be
achieved by the end of the first full year of participation in the TRP. The second and third
year alternate mode utilizations are 20% and 25% respectively; An employer may alternatively
comply with the Ordinances by achieving a 15%, 20%, and 25% reduction in vehicle miles traveled
(VMT)** in the first, second, and third year. The goals of the Ordinance after the 4th year
increase in increments of 1% in AMU or a 1.5% reduction in VMT.
.
The TRP regional implementation is centralized at Pima Association of Governments, the
Metropolitan Planning Organization (MPO), and overseen by the Travel Reduction Program Regional
Task Force (TRP RTF) as established by the April 1988 Intergovernmental Agreement among the five "
jurisdictions with Travel Reduction Ordinances, Eastern Pima County is a non-attainment area for ~
Carbon Monoxide. I'
,
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\ Every YE!a:r.. ltlj or iEm~l.oy'~?::~ :!ire re~uire.d~y;O.~~i~a,~.ce,JP:, conduct a survey of all %:
employees, disseminate' alternate modeinformation;"'appoint 'a Transportation Coordinator and ,t
produce a TRP Plan detailing how they are going to encourage their employees to utilize alternate .':
modes in their daily home-to-work commute.
Approximately one-third of the regional workforce is participating in the program with an
annual budget of $300,000. The regional daily average one-way work commute is 10.6 miles.
TRP REGIONAL RESULTS
Program Year 1989 1990 1991 1992
iF Sites in Program' 148 154 174 184
iF Employees 75,000 77 ,000 80,000 86,000
Alternate Mode Usage 17.59% 20.20% 21.41% 24.52%
Vehicle Miles Traveled 47.29 45.90 46.44 45.90
*Alternate Mode Usage credit accrues when an employee uses an alternate mode at ,least 1 day/week
in the work commute.
**Vehicle Miles Traveled are factored by mode ridership and are one-way weekly motor vehicles
miles only.
I Sites completing survey and plan components of TRP.
06/25/93
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