HomeMy WebLinkAbout1994-04-26 Info Packet
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City of Iowa City
MEMORANDUM
DATE: April 15, 1994
TO: Merno for Record
FROM: City Manager
RE: Material Sent to Council Only
Memoranda from the City Manager:
.
a, Schedule of'first meetings of task forces
b, Melrose Avenue
c. Pending Development Issues
Copies of letters from the City Manager to:
a. County Attorney Pat White regarding traffic signal at Mormon
Trek and Highway 1 West '
b. Harry Wolf regarding appointment of new Chamber of Commerce'
executive
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Memorandum from Lorraine Saeger regarding Mercy Hospital breakfast. /o,~1?
Memorandum from City Attorney regarding update on miscellaneous matters.
Memorandum from the City Clerk regarding absence from the office.
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Memorandum from the Finance Director regarding Moody's rating report /61/
regarding the $7,370,000 G.O. bond issue.
Copy of Intergovernmental Agreement Options for A Regional Composting 10~~
Facility. '
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City Recycling Program report.
Memorandum from the Director of Parking and Transit regarding Capitol
Street Ramp.
Agenda for the April
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14 meeting of the Johnson County Board of Supervisors.
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Memo fron Marjorie Hayden Strait regarding the Iowa City Vision
Cq~ittee selection process (Task Forces).
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City of Iowa City
MEMORANDUM
Date: April 15, 1994
To: City Council
From: City Manager
Re: Iowa City: Beyond 2000 Visioning Task Forces
Schedule of First Meetings
I wanted to let you know the schedule for the initial meetings of all of the community visioning
task forces. Let me know if you have any questions. All of the meetings begin at 7:00 P.M.
Date Task Force Meeting Room
Tuesday, April 19 Transportation City Manager's Conference
Room
Tuesday, April 19 Housing Senior Center Classroom
Wednesday, April 20 Environmental Protection City Manager's Conference
Room
Thursday, April 21 Human Services City Manager's Conference
Room
Monday, April 25 Parks, Recreation & Open Rec Center, Room B
Space
VVednesday, April 27 Arts, Culture & Human De- Public Library Board Room
velopment
Wednesday, April 27 Land Use & Urban Pattern City Manager's Conference
Room
Wednesday, April 27 Economic Well. Being Council Chambers
Thursday, April 2B Public Safety Lobby Conference Room
(tentative)
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City of Iowa City
MEMORANDUM
Date: April 14, 1994
To: City Council
From: City Manager
Re: Melrose Avenue
In a follow-up to your Monday, April 11 work session discussion concerning the letter from the
Melr,ose Avenue Steering Committee, as you requested, I contacted the University's Director of
Planning. I explained to him the request from the Steering Committee. He has advised me of
the following four points, which I believe are pertinent to the request. They are:
1. The current planning for the management of parking in the proposed structure would likely
reduce the traffic movements into and out of that curb cut.
2. The location of the parking structure and setback would not inhibit the City's decision to
widen or not widen Melrose Avenue.
3. The Family Care Center is moving along to completion and scheduled for opening in the
fall of 1995. Parking will be needed. The ramp entrance and the entrance to the Family
Care Center will be one and the same.
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4. We discussed the City Attorney's position which confirmed the use of the curb cut by the
University. Any suspension of planning could disrupt construction of the Family Care
Center, and would jeopardize the overall project plan.
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I indicated I would direct these comments to your attention.
cc: Dick Gibson
Karin Franklin
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City of Iowa City
MEMORANDUM
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DATE: April 11, 1994 I
TO: Ci ty Counci 1
FROM: Ci ty Manager
RE: Pending Development Issues
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A City-initiated application to annex and rezone the City's south
wastewater treatment plant site t~ P, Public.
An application submitted by Dean Oakes Construction Company and
Hodge Development Company to annex an 18.6 acre tract of land
located immediately south of the Iowa City corporate limits,
north of Rohret Road and east of Slothower Road and rezone this
tract from County RS, Suburban Residential, to RS-8, Medium Density
Single-Family Residential, and to rezone Lots 16 and 17 of Southwest
Estates Part 2 from RR-1, Rural Residential, to RS-8.
A request to amend Zoning Ordinance Section 36-55(m), Additional
Regulations, to permit religious institutions to be established
or expanded when access to a collector street is available.
A request submitted by David Long of Dave Long Protective Products,
Inc., on behalf of Protein Blenders, 2420 Old Highway 218 South, to
amend the sign regulations of the I-I, 1-2, ORP and RDP zones to
permit awning signs.
An application submitted by Jeanne Tack, and Torn and Marilynn
Alberhasky for final plat approval of a subdivision of Lot 5 and
portions of Lots 4 and 6, a resubdivision of part of Lot 4, Ohl's
Subdivision, located on the south side of Mall Drive.
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April 12, 1994
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CITY OF IOWA CITY
Mr. Pat White, County Attorney
417 S. Clinton
Iowa City, IA 52240
Dear Pat:
I have received copies of various items of correspondence directed to lOOT from your office
and I have reviewed old correspondence concerning the traffic signal at Mormon Trek and
Highway 1. We continue to receive neighborhood interest in this traffic signal. I have asked
the staff to proceed with preparing an annexation recommendation that would incorporate this
intersection, Additionally, I requested our Department of Public Works contact lOOT to
determine, in accordance with the most recent correspondence you have received, the shared
funding they appear to be suggesting. These elements of the project planning are proceeding.
At this time I am unaware of what the County's official action was going to be in response
to information you have received; however, I am of the opinion we must proceed,
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As an aside, I would suggest the County Engineering staff and our Traffic Engineering staff
may wish to discuss future issues associated with traffic signal installation in the County.
Clearly, there are pockets of urban development in and around the Iowa City area that will
warrant future consideration for traffic control devices, an obligation the County will likely
need to address. It would also appear these will be issues of County responsibility, and
annexation may not resolve these issues. I am more than willing to have our staff discuss
some of these issues with County representatives and therefore incorporate into your
residential planning policies matters of traffic control. ,
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If you sense any reluctance on the part of County officials for the City to proceed with this
traffic signal proposal and annexation, please let me know.
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Sincerely,
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Stephen J. Atkins
City Manager
cc: ...City Council
Traffic Engineer
Director of Public Works
Director of Planning
Chair - Johnson County Board of Supervisors
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April 11, 1994
Harry Wolf
Southgate Development Co.
325 E. Washington
Iowa City, IA 52240
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CITY OF IOWA CITY
Dear Harry:
The following represents some of my thoughts on the issues surrounding the upcoming
appointment of a new Chamber executive. In that I serve on the Chamber Board of Directors
in an ex-officio capacity and on the Iowa City Area Development Group in a voting capacity,
the upcoming appointment is of particular interest. But even more so, the appointment of a
Chamber executive I believe has a significant bearing on the relationship of the Chamber and
other such agencies to the Iowa City city government. As you know, the Iowa City City Council
annually provides $50.000 in funding to ICAD. Additionally, through the authorization of the
hotel motel/tax and the City Council's policy on distribution of those monies, the area
Convention and Visitors Bureau receives approximately $80,000 a year. Throughout the
Chamber organization many city employees as well as elected officials participate in the
Chamber boards, committees and other routine assignments, As you can see, these three
organizations, ICAD, Convention and Visitors Bureau and the Chamber of Commerce call upon
the City for not only financial support but participation in its activities. These reasons alone
make the upcoming appointment particularly critical for the expenditure of public funds and the
direction of work activities.
As I indicated earlier in my correspondence, these are my opinions but I would like to think they ,
are based upon some of the general thoughts and reactions I have received from the City
Council as well as the actions of past City Council members. There appears to be a
community interest in the discussion of economic development policy, obviously affecting the
Chamber and the ICAD Group. Additionally, the City Council without debate annually
appropriates the $80,000 a year to the Convention and Visitors Bureau, I cannot help but
believe the economic activities of our community are substantially influenced by these financial
contributions and therefore the policy and general direction of these activities are important to
us.
You have indicated an interest in some sort of strategic planning process between, at the very
least. ICAD and the Chamber Board of Directors, I would encourage it be even broader and
incorporate activities of the Convention and Visitors Bureau. I recognize there are strongly held
opinions about the independence of ICAD and the Convention and Visitors Bureau, opinions
that I respect, but with the upcoming appointment, the significant funds contributed by the city
as well as our active participation. I believe the overall Chamber work activities, specifically as
they relate to our community's economic development, need a review. The individual selected
as your Chamber exec can go a long way toward utilizing these public funds to the fullest
benefit and at the same time having our community enjoy a joint or at the velY least a better
coordinated policy on economic development.
410 EAST WASHINGTON STREET' IOWA CITY, IOWA 11140.1116' Ill91 ll6.1000' FAX {l191 ll6.1009
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April 11 , 1994
Page 2
I recognize this will be a difficult challenge and it will require some debate. I would hope that
the minds of all of the participating agencies, particularly those that also contribute to the
Chamber such as the Johnson County Board of Supervisors and the Coralville City Council,
would allow you the opportunity to organize your recruitment in a fashion to meet our
community's long-term needs. While I will certainly support the general work effort of the
Chamber, this appointment of a new executive appears to be a one time opportunity for the
coordination of many community activities not unlike the effort put forth to merge the,Coralville
and Iowa City Chambers. I encourage you to seize the opportunity to provide policies for the
future and then select an individual you believe can fulfill the policies in accordance with our
overall community needs.
If you have any additional questions or wish any other information, please feel free to contact
me. I would be happy to help in any way practical.
Sincerely,
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Stephen J. Atkins
City Manager
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City Council
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City of Iowa City
MEMORANDUM
DATE: April 14, 1994
TO: City Council
FROM: Lorraine
RE: Mercy Hospital Breakfast
Please mark your calendars for May 9 for the breakfast at Mercy
Hospital. It is scheduled for 7:30 A.M. You will be receiving
invitations at your home.
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City of Iowa City
MEMORANDUM
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Date: April 15, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From:
Linda Newman Gentry, City Attorney
ci~
Re:
Update on Miscellaneous Matters
I wanted to report to you on several matters, just briefly:
1. Comments from the Chair, Government Practice Section of the Iowa State Bar
Association.
I am attaching a copy of my "Comments from the Chair" which were published in the State Bar
Association, Govemment Practice Newsletter, March 1994, FYI.
While my term on the Government Practice Section Council ends June 1994, I have been
appointed to the Environmental Law Section Council, commencing June 1994, for a period of
three years, I am very pleased with being appointed to the Environmental Law Section Council,
since this is a very active, and knowledgeable group which will certainly help me keep ahead
'of the "environmental game,"
2.
Faculty Member" May 24-29, 1994.
I have been asked, and have agreed, to serve as a faculty member during the second half of
the NITA Mid-American Regional Trial Advocacy Program, designed to improve the litigation
skills of attorneys with 2-3 years' experience, As you can see from the attached letter, I will
be teaching through an intensive six day period, all day, from Tuesday, May 24, 1994 through
Sunday, May 29,1994. This means that I will be out of the office May 24-27,1994, and will
be taking vacation time to do this teaching,
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While I understand that my obligation is to the City Council and the City Attorney's Office, it is
important to me, as an experienced litigator, to do things in order to keep up my skills and to
grow professionally, Since my time can seldom be devoted entirely to litigation. as was the
case for seven years in Polk County, I hope that you will celebrate with me this opportunity to
continue to grow professionally, which in turn will assist me in my abilities to continue to
perform at a high level of professionalism, as City Attorney. Also, the old stereotype of the
"mediocre government lawyer" simply does not hold in Iowa City - and you and I should take
pride in this facti
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3. Brief Update on ADA.
On March 30, 1994, I met with Anne Burnside, First Assistant City Attorney; Doug Boothroy,
Director of H&IS; Dale Helling, Assistant City Manager (primarily responsible for ADA
concerns); and Chuck Schmadeke, Public Works Director. We discussed the following:
a. Whether the Uniform Building Code should be amended to permit intrusion into abutting
sidewalks, under a new term called "accessibility for persons with disabilities,"
Currently, the Uniform Building Code does not permit projection of a building beyond the
property line except for certain narrowly defined uses, Our concern is that persons who
are attempting to remodel or reconstruct buildings in Iowa City will view the existing
Uniform Building Code as not permitting any intrusions on to the sidewalk for purposes
of access for persons with disabilities. Doug was going to present this issue to his
board, for their recommendation.
b. The group discussed my preparing a memo, to be forwarded to downtown business
owners via the Downtown Business Association or the Chamber of Commerce, or
simply a general mailing, wherein I will explain the protocol which the staff agreed upon
for guidelines on how to apply for, and secure, a temporary use of public right-of-way
easement with the City Council. I am in the process of preparing that right now, and will'
certainly make it available to you FYI. I will also provide a sample "temporary use of
public right-of-way easement agreement" with the memo.
This memo will also explain that Iowa common law prohibits the City from granting a
permanent easement for use of public right-of-way, since the use of right-of-way must
always be revocable under common law, as well as statutory law, namely ~364.12,
Code of Iowa (1993) (cities shall keep their public right-of-ways free from nuisance).
For this reason, each application for use of public right-of-way must be decided on a
case-by"case basis, as a matter of,lowa law.
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We have talked about a brochure, and Anne Burnside was going to sit down with Ron
Boose, Senior Building Inspector. to obtain specific information on how to explain to
laypersons how potential alterations might be done, in certain circumstances.
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However, after listening to the discussion at City Council meetings Monday and
Tuesday, April 11 and 12, 1994, perhaps the City Council needs to give my Office,
together with Steve's office, a little more direction as to "who is to do what" in terms of
this educational brochure. Clearly my Office can assist in drafting appropriate language,
but perhaps other staff members should be included in the preparation of the original
draft. I would appreciate your comments on this, at our next meeting.
4.
City Attorney Office Hiring Procedures.
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I have completed my initial, intermediate and final screening of approximately 70 applicants for
the two Assistant City Attorney I positions. As you recall, I began with interviewing 20 law
students on February 17, 1994 at the University of Iowa Law School. After reviewing the
applications with Anne Burnside, First Assistant City Attorney, I assembled a screening panel
composed of the following members: Lt, Matt Johnson, Watch Commander in the Police
Department for the 11 PM - 7 AM watch; Karin Franklin, Director of PCD; Anne Burnside, First
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Assistant City Attorney; and Rick Fosse, City Engineer.. They interviewed nine persons frqm
this "first batch" on February 24, 1994. I then had an informal interview with two of the
recommended applicants, but needed to wait until the formal recruiting via newspaper
publication was closed March 11, 1994.
On March 11, I received 70 written applications, which Anne and I reviewed over the weekend
_ selecting 14 experienced attorneys for my first screening interview with them March 17-18,
1994. I then forwarded nine experienced attorneys to the same screening panel, held April 4,
1994.
Finally, on Tuesday, April 12, 1994, I forwarded five finalists to interviews with Steve Atkins,
City Manager, and Tom Scott, Chair of the Planning & Zoning Commis~ion, followed by an
interview with me. I have made my selection, but am not free to announce the names until next
week - due to existing employment situations.
Needless to say, when the matter is capable of being publicized, I will send you a memo on
the outstanding persons which I believe will join the City Attorney's Office staff in May and
June, and continue to provide you with a high quality of legal service and advice. I want to
thank the City staff for assisting me in this process, since I know it is very time consuming. We
will have a "welcoming coffee" for the two new attorneys - probably in August 1994.
~ ~ ~ ~ ~ ~ ~ ~ q ~ ~ ~
I just wanted to bring miscellaneous items to you, for update and FYI.
Attachment '
cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Dale Helling, Assistant City Manager
Doug Boothroy, H&IS
Anne Burnside, First Assistant City Attorney
Chuck Schmadeke, Public Works Director
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Government Practice
March 1994
Published for the members of the Government Practice Section
~
Can Cities Discriminate Against Mobile Homes
After Enactment of Iowa Code ~414.28?
tent to harmonize the sections rather than picking
and choosing parts, the statutory scheme becomes
clear:
By Dario Zaffarano
White, Zaffarano & Taylor
City councils generally do not want mobile
homes placed just anywhere in town, and have en.
acted zoning ordinances to specify where mobile
homes can be placed. The enactment,of ~414.28,
forbidding disparate treatment of manufactured
homes and sitebuilt homes, has caused much con-
fusion for councils and their attorneys.
Section 414.28, The Code, refers to ~435.1 and
~435.26. By reading them all together, with an in-
. Cities can't discriminate against prefabricat-
ed homes in favor of "stick-built" homes built
on site,
· A manufactured home does not have a hitch,
wheels or axles permanently attached.
Continued on Page 2
I
o
Comments from the Chair,
These are exciting times for government prac.
tice attorneys, since we no longer do "traditional"
law concerning land use, administrative law, or in-
frastructure. Now we must keep up with an ever.
increasing boom of federal regulatory law which
touches each of us wherever we practice or live:
clean air and clean water, flood regulations, and
cable rates or refranchising. Thanks to the Iowa
Legislature, we must keep up with the law of "cre.
ative financing" to spur economic development,
due to the property tax freeze now in place and
likely to continue for another 5 years. Local gov-
ernments will be straining to maintain the same
levels of service, without additional funds. This
nleans our tasks of representing governments just
"ratched up" several notches as private industry
and governments "downsize." In a word, we are
practicing law in challenging times, and we rely on
the Bar Association and Newsletters such as this
to keep up with all these changes.
Finally, as chair, I pose these questions to you:
As attorneys dedicated to preserving client op-
tions, why does the Iowa Legislature continue to
whittle away at home rule? I find the current
trend troublesome, especially after years of strug-
gling with Dillon's rule. What happened to the no-
tion that we can, and should, govern our own af-
fairs and control our own destinies?
Preemption of commercial pesticide regulation,
for example, may sound like an innocuous notion
now, but what will the legislature think when the
federal government requires local and state gov-
ernments to "clean up" their storm water? Does
Iowa democracy no longer trust the local citizen to
determine their own future? I invite members of
this Section to debate these questions, for further
discussion in this Newsletter.
Since I am only able to serve as chair for this
year (since my term on the Council expires 6194), I
thank you for your participation and hope the
Section will grow with the oncoming ability to use
payroll deduction for payment of Bar dues. I thank
our legislative committees, Allen Welsh and Jim
Carney for their efforts.
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THE UNIVERSITY QF IOWA
I
March 16, 1994
RECEIVED
MAR 2 1 1994
CITY ATTORNEV'S OFFICE
Unda Gentry, City Attorney
410 E Washington Street
Iowa City, IA 52240
RE: NITA Mid.Amerlca Regional
Iowa City (Boyd Law Building)
May 19.29, 1994
Dear Ms. Gentry:
I .,
Thank you for agreeing to serve as a faculty member during the second haW of the
NITA Mid.America Regional Trial Advocart-/ Program, The second session runs from
Tuesday, May 24, 1994 through Sunday, May 29,1994 at the Boyd Law Building.
Students have Tuesday morning off and we have a faculty meeting scheduled from 1
p.m, untll 3 p.m. in the faculty lounge (4th floor), After that meeting there will be a
demonstration on expert witnesses. A complete syllabus along with course materials will be
sent to you by NITA on April 19,
The course concludes wnh final jury trials on Saturday, May 28 and Sunday, May 29.
While I hope to recrun district court judges to conduct the trials, I would like you to attend
and provide appropriate critique, of student performances.
II you would like to stay at the Holiday Inn during the program, please let me know
and I will make reservations for you.
I look forward to working with you on this program and to having you on the faculty.
II you have any questions, feel free to cali me at 335.9145. Thanks for your willingness to be
a part of the NITA faculty.
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Sincerely,
Pad QpJ
Paul Papak
Program Director
PP:bay
College of Law
Clinical Law Programs
386 Boyd Law Bldg.
Iowa City, Iowa 52242.1113
319/335.9023
319/335.9084
FAX 319/335.9019
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City of Iowa City
MEMORANDUM
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Date:
April 5, 1994
To:
Linda Gentry, City Attorney
Ron Boose, Sr. Building Inspector ~
Texas Steak Company & Saloon
From:
Re:
The conversion of the establishment at 121 10!Va Avenue from the Famous Dillburger to the
Texas Steak Company & Saloon does not constitute a change in use or occupancy under the
Iowa City Building or Iowa City Zoning codes, The Building Code designates drinking and dining
establishments as either B.2, A-2.1, or A-3 occupancies, depending upon the number of
occupants. The Zoning Ordinance specifically includes bars, cocktail lounges and taverns in the
definition of restaurant. Therefore, conversion of a restaurant to a bar would not constitute a
change of use under either code unless there was also a significant increase in floor area and
occupant load. In this case, the occupancy category would change because of an increased
occupant load requiring more stringent fire safety regulations and not because of the nature of
the use.
Please refer to the attached memo dated October 7, 1993, for further explanation of the Building
Inspection Division's policies concerning the ADA.
Attachment
cc:
bN"asco
Doug Boothroy, Director, H&IS
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MEMORANDUM
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Date: October 7, 1993
To: Steve Atkins, City Manager
From: Ron Boose, Sr. Building Inspector %
Re: Building Inspection Division Policies Concerning Enforcement of ADA
.
The Americans with Disabilities Act gives civil rights protection to individuals with disabilities
similar to those provided to individuals on the basis of race, sex, national origin, and religion.
As such, it is a civil rights act and not building codes legislation. Responsibility for compliance
is placed with building and business owners and responsibility of enforcement with the
Department of Justice. State and local building codes may apply for certification of their
accessibility standards from the Attorney General; however, state and local building codes are
not dictated or changed by ADA regulations.
All cities in Iowa are mandated by state law to enforce the state "accessibility rules and
regulations for the physically handicapped" on all new construction and on existing
construction "as such construction is required to meet new construction requirements." Both
Iowa state and Iowa City building codes require existing buildings to comply with require-
ments for new construction when a change is made "in the character of occupancies or use
of any building which would place the building in a different division of the same group of
occupancy or in a different group of occupancies." Simply stated, when a building's use or
occupancy category is changed, it must comply with all current building codes, including
accessibility standards, conversely, when a building's use or occupancy category is not
,changed, only the remodeled areas and work are required to comply with current codes.
ADA does state that existing businesses must remove barriers to the handicapped when such
alterations are "readily achievable." The definition of readily achievable in each situation is
a function of both physical and financial feasibility and'must be determined by the individual
business owner or the Department of Justice, and not the local building department.
It is the responsibility of the Iowa City Building Inspection Division to enforce all building
codes, including accessibility standards when state law or local ordinance dictate their
enforcement. It is also ou'r policy to advise building and business owners of the existence of
ADA and further advise them to seek guidance from their design or legal consultants as to
how it may affect their particular business or building.
Specific examples of this policy and responsibility include the former locations of The Kitchen
and Dillburger restaurants which did go through some interior remodeling and change in
ownership, but not a change in use and were not recuired to meet accessibility standards. On
the other hand, the new locations of The Kitchen, Magnifico's, and Sub Shop restaurants did
constitute a change in use and were required to meet accessibility standards.
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City of Iowa City
MEMORANDUM
TO: Mayor and City Clerk
FROM: Marian K. Karr, City Clerk
DATE: April 14, 1994
RE: Absence
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Both Sue and I will be attending the Iowa Municipal Finance Officers Association (IMFOA)
meeting in Des Moines on Thursday, April 21. Since both the Deputy and Clerk will be out of
the office no documents requiring signatures can be signed until Friday. Sue will be returning
Thursday evening and I will be staying for the Board meeting Friday. Julie and Sondrae will be
in the office Thursday to help with general questions.
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City of Iowa City
MEMORANDUM
April 15, 1994
city council & city Manager
Don yucuis, Finance Director,
Moody's Investors Inc. Rating R~ ort regarding the city
of Iowa city $7,370,000 General' bligation Bond Issue.
Moody's Investors Inc. ~ated the recent city of Iowa city
$7,370,000 General obligation Bond Issue. As you are aware, they
confirmed the city's Aaa (Triple A) rating on this issue. Attached
you will find Moody's analysis of the city in determining the Aaa
Rating. Please call me at 356-5052 if you have any questions.
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General Obllgallon/Speclal Tax
Iowa Cily,lowa
At this time we have also reviewed and confinned the
Aa1 rating on the city's general obligation capital
loan notes. The notes are limited tax general obliga-
tions, payable from the city's General Fund subject to
key facts:
Debt Burden:
Payout. Ten Years:
% Ch!ll1ge, Population. 1980-90:
Average Annual Growth F.V., 1991.95:
1993 Source of Revenue.
Property Taxes:
Undesignated General Fund Balance
as % of General Fund Revenue.
FY 1991:
FY 1992:
FY 1993:
FY 1994 (estimate, cash basis):
University ofIowa and University Hospital
Employees as % of
Total 1992 Employment:
1.8%
95.7%
18.3%
6.7%
63.4%
26.0%
27.0% '
26.6%
23.0%
55,0%
sale Information: Legal Name of Issuer: City of Iowa City. Iowa.
Dale of Bonds: June 1, 1994.
Security: General obligation, unlimited tax.
Use of Proceeds: Finance various capital projects
including street, stonn sewer, sanitary sewer. water
. system. and park projects.
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rating history:
November 1973:
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April 11, 1994
a property tax rate limit of $8.10 per $1,000 of
assessed value.
Per Capita Income Ratio, Iowa City/State,
1979:
1989:
,1989: lil
Unemployment Rate. 1992:
1/93:
1/94:
102.0%
107.0%
118.0%
2.2%
2.2%
3.4%
Moody's Ratings.
General Obligation Capital Loan
Noles-Limited Tax: Aa1
Sewer Revenue: A
Parking Revenue: A
III ReJlf'l<llU cily per capiu Income. excluding pellO", io group quwn
sucll.. colI'g, 'lUdeoU 10 donnilllries,
Key Conlacts:
Chief Financial Officer: Donald J.Yucuis,
Finance Director, (319) 356-5052.
Advisor: Evensen Dodge, Inc.. Minneapolis.
(612) 338.3535.
Bond Counsel: Ahlers, Cooney, Dorweiler,
Haynee, Smith and Allbee, Des Moines.
(515) 243-7611.
AUdilor: Ernst & Young. Cedar Rapids.
(FY 1993), (319) 363-1090.
November 1971 : Aa
analyst: Thomas J. O'Donnoll
(212) 553-0575
The lorormalioo beleiolw beeo nbtaloed Inlm sources beUeved 10 be lIC(ullltllldltUabl~ but becousc or tho possibiUll' orh\ll1Wllllld mechanlcal error, lu """""y OlcomplttollCSS II DOl
~ Moody'. rariogs... OpioJons.llOllWlmmendallo", 10 bIly Olscn.lIld Iheit _y Is DOl gulllllleCd. ^ rari'glbould be w,ighedlOl,ly uooc ("lOr iOllllnv...IrnCOI dccldOD
and y"" should roW your OWll Sllldy IIld ,valuation or any I"",r whose secwides or debt obUgaliollS you coosldu buying," sclUog, MOlllu"'lI o( corporau: hoods, municipal hoods and '
""'. "",rm Slock, and conuncrclsl plp'r which ...l1lOd by Moody'. 10veslOl1 ScrIlct, IJlc. hav~ prior 10 ....Ivinc~' lI1iog, apeed 10 pay a (OCIO Moody'. (or tho appraisal and rariog
IClVicos, The roc ROg...lnlm SI,OOO 10 SI25,OOO,
CopyrigblO 1994 by MoodY'llnve.lOIs ScrIlce.lnc, PubUahloC and ..<cutiv. om... 1199 Ow SIrOC~ N,w York. NY 10007
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Iowa City, Iowa
April 11, 1994
3
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Debt Statement as of 4/8/94 ($000):
Amount
Bonded debt outstanding:
General obligation Ii]
Sewer and parking revenue
Current offering (4/12194)
, Gross bonded and gross direct debt
Less:
Sewer and parking revenue bonds 42,845
General obligation cap. loan notes supported by parking enterprise Ig] 3.280
Direct net debt $20,020
Overlapping debt 11,302
Overall net debt $31,322
In loclude< SI2.61Q,000 or gcoeral obllgatio~ uollmited tax bonds and S3,280,000 of genaal obllgatiOD. capital loan ootu which are llmittd tax obligations
p.aj1blc rrom within Ihc Genml Fund tax rBlt of 8.10 mills.
IDAetuaI parking eoterprisc Del ",veo", coven:d.
$15.930
42,845
7.370
$66,145
Defaults: No record.
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Debt Raflos
Net Per %
Debt Capita ,Median Ii] F.V,
Direct $335 $ 629 !.l
Overall 524 1.217 1.8
m 1994 median rnr citiCl wi'" populatiDD 50,000 1099,999.
Median
(%)Ii]
1.7
3.2
Rate of Raflrement Ii]
Principal
Amount Due
In 5 years
In 10 years
In Excludol ",maining flSClllI994 matUritiCl.
%of
Total
59.1
95.7
Amount
($000)
$12.345
19,990
Structure: Declining annual requirements, rapid
retirement.
CIP/Fulure Borrowing: The city haS expanded the
annually updated capital improvements plan from a
three-year time period to seven years, and this new
program includes $106,5 million of projects for fiscal
years 1994-2000. Approximately $16.4 million of
non voted general obligation bonds, including the
bonds now offered, will provide 15% of the total
financing for the capital improvements, The city
anticipates annual general obligation bond sales of
$4 to $5 million to complete this portion of funding.
The remainder is expected to be primarily funded by
water and sewer revenue bonds for utility system
improvements.
The city has also identified $34.5 million of projects
now scheduled beyond fiscal year 2000. and $55
million of projects identified, but not yet scheduled.
Funding sources identified for these projects include
another $44 million of general obligation bonds;
however, these bonds will require voter approval, as
the projects are for nonessential purposes, including
recreation and cultural facilities. Additionally, the
city's independent consultants have revised the sewer
system project costs to include $25 million to expand
the southside sewage treatment plant.
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properly
valuation and
fax data:
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Genoral Obligation/Special Tax
Iowa City, Iowa
Form of Government: Council/manager form of
government. A seven-member council is elected, at
large, to four-year overlapping terms; a mayor is
elected from and by the council members. A city
manager and finance direttor are appointed to over-
see daily administration.
Public Employees: There are 467 full-time and 75
permanent part-time employees; additionally, the city
employs up to 482 temporary employees, AFSCME
Iowa City
Collection Assessed
Year Valuation ~
1991 $1,202,109
1992 1.228,423 2.2
1993 1,294.665 5.4
1994 1,334,134 3,0
19951il 1,427,805 7,0
liIAPPlOxill\llely one.halr ortbc taX bale growth is due 10 DeW consl!1lctioo,
%
Change
April 11, 1994
(
represents all administrative employees. except
police and fire employees; police and fire have sepa-
rate bargaining groups. Contracts with these
employee organizations currently expire in June
1994. Most ell}ployecs participate in either the Iowa
Public Employees' Retirement System (IPERS) or
the Municipal Fire and Police Retirement System of
Iowa (MFPRSI); both plans are employee and
employer funded, but state administered.
Tax Ratel
$1 ,000 AV,
$12.13
12.67
12,83
12.89
12.95
Levy
($000)
$15,004
15.946
16.954
17,184
18,484
- % Collected-
Current Total
99.4 100,5
99.1 100.4
99.9 100.1
In process In process
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1995 Full Valuation: $1,785,207.000 1995 F.V, per Capita: $29.884
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Average Annual Growth F.V., 1991-95: 6.7%
FY 1995
i Largest Taxpayers Business AV, ($000)
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~-J; Iowa! D1inois Gas & Electric Utility $50,076
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\ Old Capitol Center Mall Shopping center 18,684 "
Proctor & Gamble Toiletries manufacturing 18,073
James A Clark Real estate 17,698
~ Southgate Development CO"Inc, Real estate 15.646
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I American College Testing Education programs and services 12.896
j economic Population: Iowa City
tactors: Area % Change
Year Population l!9J!!!J Density City State U.S.
I 1950 27,212 6 4,859 3.3 14,5
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; I 1960 33,443 8 4.180 22.9 5.2 18,5
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i 1970 46.850 21 2,220 40.1 2,5 13.3
i 1980 50,508 22 . 2,328 7,8 3.1 11.4
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i I 1990 59,738 22 2,729 18.3 -4.7 9,8
, I So"",: u.s, eo.,.. BUlUlJ,
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5
Iowa City, Iowa
Populatlon and Housing Characleristlcs: Iowa City
Norms Slale U.S.
1980 1990 1980m 1990 1990
Population:
Median age 24.6 24.9 29,8 34.0 32.9
% school age 12.5 11.3 18.3 18.9 18.2
% working age 75.1 76,6 62.2 58.8 61.7
% 65 and over 6.5 6,6 12.1 15.4 12.6 '
No, personslhouseho1d 2.3 2.3 2,5 2.5 2,6
Income:
Median family income $22,325 $39,259 $21,758 $31,659 $35.225
% below poverty level 19,7 23.4 9.8 11.5 13.1
Per capita income lID $7,247 $13.277 $7,937 $12,422 $14,420
Housing:
% owner occupied 47.1 44.7 64.4 70.0 64.2
% built before 1939 23,3 19,6 30.3 35.0 18.4
% built since last census 28,3 20,9 19.4 10.0 20.7
Owner occupied median value $61,600 $79,000 $46,894 $45,900 $79,100
Median gross rent $234 $414 $240 $336 $447
Occupied housing units 18,594 21,951
Soun:e: u.s, CeDlUl BIIIUII,
m Nomu lie for all cities with popuJalioo gJW<l' thao 20.000 in the plaiOl R.gioo,
mlowa City', 1999 per capita io""n.. .xcluding petSOOI in &JOIlpquwnlUCb as C<llkg. 'lUdeo~ in dormitories. was 514,916,
Labor Markel Characleristlcs: Iowa City
Labor Tolol % Unemployed
Vear Force Employment City Stale U.S.
1983 29,914 28,761 3.9 8.1 9.6
1984 33,403 32.512 2.7 7.0 7,5
1985 ' . 33,915 32,761 3.4 8.0 7.2
1986 35,990 34.955 2.9 7.0 7.0
1987 36,828 36.013 2.2 5.5 6.2
1988 37,462 36,715 2.0 4.5 5.5
1989 38,325 37,701 1.6 4.3 5.3
1990 38,226 37,538 1.8 4.2 5.5
1991 39,059 38,314 1.9 4.6 6.7
1992lD 39,186 38,340 2.2 4.6 7.4
Il93m 40,152 39,280 2.2 5.1 7,9
1194 lID 39,605 38,247 3.4 5.7 7.3
Sourte: Depanment of LaIlor, BIIIUIl of Ubor Stati,tics.
m Base yest or CWIelIt benchmark. 01lI ror plUtillng ywJ moy 001 be COlllllltnL
III Moothly daII not IWOnally odJ1ISled.
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Iowa Cify, Iowa
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% Change City as % of
Year Income City Stale State U.S.
1979 $ 7,247 139.6 147.4 101.6 99.3
1987 11,850 63.5 56.9 105.8 99.4
1989[i] 13,277 83.2 74.1 [i] 106.9 92,1
So""",: U,S, Q:nsus ause&J.
1iI10wI City's 1989 per capil! iooome, excludiog JlClSoos in group qlW1ers su,h as ,oll'g, slUdcnu in donnilori... was $14.916. or II g% orthe state !vc~,.
Largest Employers
Employer [i]
University ofIowa and University Hospital @
VA Hospital
Iowa City Comm~nity Schools
Mercy Hospital
City of Iowa City
United Technologies Automotive
American College Testing
Proctor and Gamble
National Computer Systems
Hy-Vee
so""",: Offi,ial SlllemenL
1iI10,ludes full,time, put.time. and temponil)' employees,
ID Head",.nl ,nrollmenllotals 28,045,
Business
Higher educationlhospital
Hospital
Education
Hospital
Government
Automotive products manufacturing
Education programs and services
Toiletries manufacturing
Test scoring and computer services
Food stores
Employees
1994
21,123
1.335
1.334
1.084
1,024
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597
513
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1990 1991 1992 lID 1993
Revenues $19,429 $21.900 $21.759 $22.082
Expenditures 18.825 20.903 21.990 22,323
Operating surplus (deficit) flI 165 894 (181) 85
iii G,nmJ and Debl Selvice Fuods (modified B<<rual melhod or lUXountingl, In,ludes n,1 transfers and ex,ludes bond pJOCeeds.
ID G,neraJ Fund only.
IlIThc ,lIgln decline in filCa1I992revcnllO II due to leu "'ltransfers 'tenun!ng flominawed capital p1ll1lOI< transrers nuL
1990.91
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Use of money/property
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11.6 Human development
9.3 Policy and administration
8.3 Home and community environment
3.5 Debt service
2,1 Capital outlay
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7
Iowa City, Iowa
General Fund Financial Position (fiscal years ended 6/30 $000)
1990
$5,504
1991
$6.503
1992
$6,746
1993m
$8,078
Cash and investments
Operating loans
Oilier current liabilities 1.437 1,867
Year-end cash surplus $4,067 ,$4,636
, Receivables $1,181 $1,254
Fund balance ill $5,307 $6,201
Updesignated fund balance ill 4,072 4,997
III The ru.d balan", figureJ ,..lode !he .ffecu.r residual equil)' _rei! out orbelWeen $17.000 and $43,000 In each year,
III Iis<al yellt 1993 cub and i''''lII1eDLI, and UabiUti" include $1.7 million orl<.ltriCled useU and depo!iu rOl payment of ..ruoded seWet .....ue bond debt
, 10M", due nn July I of eacll year; !he cil)' i.!he payi.g "enl rOl!he boodl.
2.122
$4,624
$1,248
$6.058
5.168
3.085
$4,993
$1,009
$6,112
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Liz Christiansen
Regional Solid Waste Planning Coordinator
East Central Iowa Council of Governments
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Dave Hogan
Solid Waste Program Director
City of Cedar Rapids
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Graduate Program in Urban and Regional Planning
University of Iowa
Presented May 6, 1993
Mike Clavell, Project Leader
Garth Frable
Doug Sa11man
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ACKNOWLEDGEMENTS
We thank Liz Christiansen and Dave Hogan for providing us with the opportunity to
undertake this project. They allowed us the time and latitude to develop the project as we
envisioned it.
We received numerous documents from organizations throughout the country that deal with
composting issues. The Solid Waste Composting Council supplied a list of addresses and
phone numbers for, all of the municipal solid waste composting facilities currently in
operation. The National Composting Program of the US Conference of Mayors provided a
guide to understanding the dynamics of composting facilities and how to develop one. These
documents proved invaluable in helping us develop our approach' WId in carrying out this
project.
We especially thank Dennis Hanselman from Truman, MN, Bill Casey, Facility Manager at
Columbia County, WI, and John Demoll from Sevier County, TN. These gentleman were
kind enough to supply us with copies of the intergovernmental agreements governing tlleir
facilities. These documents served as the cornerstone of the project.
Ken Haynie, bonding attorney for the City of Cedar Rapids, and Bob Craggs, a consultant
with R,W. Beck and Associates, provided useful infonnation regarding the development of
this project. A special thanks to our classmate, Jenny Olson, who coordinated her group's
work with ours. Her kindness and good spirits made the sharing of infonnation a positive
experience.
Finally, we thank Heather MacDonald for providing valuable guidance throughout the project.
Mike Clavell, Project Leader
Doug Sallman
Garth Frable
The Graduate Program in Urban and Regional Planning
347 Jessup Hall
The University of Iowa
Iowa City, Iowa 52242
(319) 335-0044
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
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EXECUTIVE SUMMARY ....... I . I . I . . . . . I . , I , I , . . . . . I , . , . I . . . . . . 1
. .
Scope and Purpo.se . . I I . . I I . . . . . . . . . . . . . I . . . . . . . . . , . . . . . . . . ., 1
Methodology . I . . . . . . . . . I . . . , I . . . . . . I . . , . , I . I . , , , . , . . . I . . ,. 1
Recommendations It.. I I . . . . . , I I . . . . . . . . I . . . . , . , . I . , . . . I . . . I 1
Il'lTRODUCTION ... "' ... t," I . I 1.1.... ... ",",." ., ...... . "" . .. 3
Trends in Composting " I . I . . . . . . . . . . . . . . . . I . . I . . . . . . . . . . . . I I 3
Proposed Cedar Rapids Composting Facility ..,..,.......,.,..,...., 4
Intergovernmental Agreement . I . . I . . . . . . , , . , . , , . . . . . . . . . I I , . . ., 6
CHAPI'ER 28E I I . , I , I . I . . . I I . I I . , . , . I I I . . I I I . . I I , I . , . . . . . . . . . .. 7
, .
EAST CENTRAL IOWA REGIONAL COMPOSTING AUTHORITY,..,...",. 9
Smnple Clause . , , , , . . . . . . . , . , . , . . . . . . , . , . . . . I . , . . . . . . . . . . " 10
Strengtlls ., I . I , , . . . .. . . . . . . . . . , , I , . . . I . . . . . . I . . , . . I . I 10
Weaknesses. , . I , , , , , , . I . . I , . . . . . . , . . . I . , . . . . . . . , . . I ,. 10
MEMBERSHIP . . . . . . . . . , . I . . , , I , , , . . , , . , . . , . . . I I , . . , , , I , . , . . I . I 11
S3J11ple Clause . , , , I . . . . I I I . I , . . , . I . I . I . I . I . . , . , . . , , , . . , . , .. 12
Strengths .,.,. I , . . . , . , . , , . , , I , , , . , , , , I . , , , . , , , I . , I " 12
Weak.nesses , . . I , . I . I , . I . I I I I . . , . . . . I . , f , . , . . , . , . , I I '" 12
First-Tier Membership ,. I I . , , . . I I I , I , . , f . I . "' , f . . , I , , . . . I , . . I 12
Financial Responsibi1i~ . I I . , , I I , I I . . , I I . I . . . . , . , . . , , I . "' 13
Sample Clause 'f' I . , . I . , I . , . . I . I , f , f . . f , I , I . I . . . , I , . I 13
Liability I . . fl. . I I . . , I I If. , . , . . . I . . "' . , . . , . . , I . . , , I .. 14
Withdrawal. I , I . I , . . . I . . f . I . I , . I , . . . . "' . . . . . f . . . , , . " 14
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CEDAR RAPIDS, IOWA
Sample Clause
Strengths
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Second-Tier Membership
Financial Responsibility
Sample Clause
Liability ..
Withdrawal
Sample Clause
Strengths '
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PILOT PROGRAM AND WASTE MANAGEMENT PLANS
Sample Clause .
Strengths
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WASTE QUALITY
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
C~DAR RAPIDS, IOWA
CONCLUSION AND RECOMMENDATIONS .................,......... 27
Recommendations ................. I . . . . . . . . . . . . . . . . . . . . . . .. 27
WORKS errED ................................................ 29
LIST OF TABLES AND FIGURES
Table 1. Effecls of Regiolllllization FY 1995 ,.......".....".........,. 5
Figure 1. East Central Iowa Regional Composting Authority ,....,...,......, 9
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INTERGOVERNMENTAL COMPOST/NG AGREEMENT
CEDAR RAPIDS, IOWA
EXECUTIVE SUMMARY
Scone and "purl'ose
The City of Cedar Rapids is currently planning a municipal solid waste cornposting facility.
It is hoped that this facility will process the compostable portion of the municipal solid waste
stream and create a product usable as a soil amendment. Diverting this waste, which
otherwise would be landfilled, will save landfill space and help the municipality reach
diversion goals mandated by the 1989 Iowa Waste Reduction and Recycling Act.
Cedar Rapids prefers to share the development of this facility with other participants to
achieve economi~s of scale and more efficient use of capital facilities. Potential participants
include Linn County, the City of Iowa City, the University of Iowa, and the ADM industrial
facility .
If this joint venture is undertaken, great care should be taken to draft an intergovemmental
agreement between participants. This agreement will ensure the efficient operation of the
facility and the legal and financial protection of all participants.
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In developing this report, sample intergovernmental agreements were collected and studied
from existing composting facilities as well as regional waste authorities. The documents were
evaluated to determine the important issues and concerns in developing and operating a
regional composting facility. These particular issues were then expanded and adapted to the
conditions in Cedar Rapids.
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It is recommended that the facility be operated by an Authority comprised of interested
participants. The Authority would be made up of two tiers of membership-full and limited
members. Full members would be financially and legally responsible for the construction and
operation of the facility. Full members would retain voting rights on the Executive
Commission of the Authority in proportion to the population under their jurisdiction, Full
membership in the Composting Authority would also include the requirements that the
member implement a collection, program specified by the Authority to ensure waste quality,
and set tipping fees at landfills under their jurisdictions at a rate high enough to ensure
sufficient utilization of the composting facility.
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CEDAR RAPIDS, IOWA
Limited members would not have long-tenn liability or responsibility for the success of the
facility. They would be able to use the facility, however, by agreeing to tenns set by the
Authority. Limited members would have no voting rights on the Executive Commission and
would be required to pay a higher tipping fee to reflect their lack of liability in the facility.
It is hoped that this structure for the intergovernmental agreement provides the right balance
of control and flexibility to guarantee the long-tenn success of the facility in meeting the
goals of waste stream diversion and marketable compost. To accomplish these goals, the
intergovernmental agreement allowing participation in and access to the facility needs to
clearly define the rights, responsibilities, and privileges of participating parties.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
INTRODUCTION
The City of Cedar Rapids, Iowa is currently planning a regional solid waste composting
facility. As presently conceived, the facility will be financed and operated through some type
of partnership between Linn County, the City of Cedar Rapids, and possibly the City of Iowa
City. Businesses such as ADM, institutions such as the University of Iowa, and other
communities within the region will also have access to the facility. This report examines the
necessary components and structure of an intergovernmental agreement between possible
participants in the composting facility.
ImnlIs in Composti~
Increasingly, composting in the United States is moving toward mixed solid waste facilities,
processing an increasingly larger portion of the organic component of the solid waste stream,
Some observers argue that these large, capital-intensive facilities are so dependent on a
substantial, constant flow of waste that they undennine programs encouraging waste reduction
at the source (Lindeberg 1992, 4; Shireman 1992). Instead of attempting to scale down the
size of the facility through such policies as backyard composting programs and a variable rate
system at the curb, these facilities often institutionalize the problem through designation or
waste flow agreements, requiring users of the facility to deliver a specific amount of waste
or pay a penalty. In other words, construction of a multi-million dollar facility promotes
waste dependence, ultimately encouraging the problem of growing waste generation,
Nevertheless, twenty-two of these facilities are presently operating in the United States with
many more in the planning stages (Solid Waste Composting Council 1992; US Conference
of Mayors 1992). The primary objectives of establishing these facilities are to preserve
increasingly valuable space in shrinking landfills and in many cases to reach landfill diversion
goals mandated by state legislatures. A secondary goal of most facilities is to produce
compost that is marketable.
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CEDAR RAPIDS, IOWA
Solid waste composting facilities are increasingly regional in scope. Regionalization provides
eeonomies of scale that can reduce the cost per ton of processing. One large facility can
often use state of the art technology more efficiently than can a number of smaller facilities.
In addition, the amount of compost a larger facility produces will provide more market
opportunities for the finished compost. Shared liability and projeet costs are also attractive
aspeets of regionalization (Morrical 1992, 20). It should be noted, however, that
regionalization of a composting facility does not inherently mean the facility will be large and
capital-intensive (Bourque and LeBlanc 1991, 84). A regional composting approach could,
for example, promote source reduction, backyard and institutional composting, and organic
waste exchange. Under such an approach, a mixed solid waste composting facility would be
smaller in scale, accepting only that waste that could not easily be reduced at the source or
composted on-site (Conklin and Lindeberg 1992,54-55; Roulac 1992,4);
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The City of Cedar Rapids has instituted both a drop-off recycling program and a yard waste
collection program to reduce the amount of materials being landfilled. These programs have
resulted in a 20 percent reduction in materials being landfilled (y...W, Beck and Associates
1993). However, the 1989 Iowa Waste Reduction and Recycling Act requires all
municipalities to reach landfill diversion goals of 25 percent by 1994 and 50 percent by the
year 2000. Clearly, Cedar Rapids, must pursue additional policies to comply with these
requirements. The municipal solid waste ,composting facility, currently in the planning stages
with the City of Cedar Rapids and the East Central Iowa Council of Governments, would
enable the City to further reduce waste being landfilled and help fulfill the diversion
requirements.
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The facility, as envisioned, will be able to process 100 tons of waste per day, operating on
two eight hour shifts. Operating two shifts will enable the facility to maximize its capital
investment because a smaller physical facility could be used. The majority of waste expected
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to be processed at the facility would come from the residential waste stream, Since Cedar
Rapids already has source separation of some wastes (yard waste and drop-offs for some
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CEDAR RAPIDS, IOWA
recyclables), it is assumed that the potential quality of waste for the production of compost
is high. However, additional separation methods will be applied at the facility to remove any
oversized, noncompostable, and recyclable materials. Efforts to remove any waste which may
contain hazardous materials or trace metals will also be undertaken to insure that the end-
product meets all environmental regulations. After processing, the compost would again be
tested and screened for unacceptable materials, The current source separation methods (as
well as other recommended source separation strategies), co~bined with feedstock preparation
and end-product screening, are all intended to insure high quality compost and avoid having
to landfill noncompostables and/or unacceptable compost. If the compost is found to be
acceptable after processing, the City of Cedar Rapids intends to apply it as a soil conditioner
tp City-owned land. Secondwy markets may also be developed to utilize the finished
compost.
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The facility will have additional capacity to serve not only the needs of Cedar Rapids but also
act as a regional facility -- accepting waste from municipalities, commercial and industrial
waste generators, and institutions in both Linn and Johnson Counties. As demonstrated in
a feasibility study performed by R.W. Beck and Associates, the regionalization of the facility
will provide a large enough waste stream to enable the facility to enjoy economies of scale
due to the more intensive use of capital facilities (See Table 1) This higher utilization will
lower the tipping fee required to generate sufficient revenue to cover the annualized costs of
the facility.
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Errecb or Reglonallzatlon FY 1995
Capital Costs
Tipping Fees ($)
Service Area Size (!PD)
Cedar Rapids (8 hour) 60
Cedar RapidsILinn (8 hour) 100
Cedar RapidsILinn (16 hour) 100
Linn! Johnson (16 hour) 160
$9.100,000
$5,800,000
$93
$89
$72
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Source: R.W. Beck and Associates, 1993.
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lntell!ovemrnental Aereement
The proposed Cedar Rapids composting facility will likely process a large percentage of the
organic component of the waste stream, ~ecause these wastes (resources) will be generated
and collected by a number of parties, the intergovernmental agreement allowing participation
in and access to the facility needs to clearly define the rights, responsibilities, and privileges
of participating parties. Issues to be addressed in the agreement include membership status,
liability, amount and quality of waste delivered to the facility, and financing arrangements
between members. This report' discusses the importance, of each issue to successfully
operating a composting facility, provides a sample clause to address each issue, and examines
the strengths and weaknesses of addressing the issue as recommended.
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CEDAR RAPIDS, IOWA
CHAPTER 28E
Chapter 28E of the Code of Iowa enables municipalities to provide joint services and facilities
such as the proposed regional composting facility. A municipality may enter into agreements
with other municipalities and/or private agencies. Any such agreement entered into must
specify the following:
.
The duration of the agreement.
A description of any separate legal or administrative bodies created by the agreement.
The purposes of the agreement.
A description of the financing structure of services or facilities arising from the
agreement.
A description of how the agreement may be terminated either wholly or partially,
.
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Beyond these requirements, Chapter 28B is either extremely vague or silent on other aspects
of entering into an intergovernmental agreement. This vagueness provides municipalities with
significant flexibility in crafting agreements suited to the unique conditions and characteristics
of their region.
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Interestingly, of the twenty-one mixed solid waste composting facilities contacted, only four
reported having written intergovernmental agreements related to their operations. 1 Of the
three agreements made available to us, none mentioned the word compost and all were vague,
especially on the issue of quality of wastes.2 This could be due to the fact that the future of
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'The followiog composting flll:llltie.! were conlllCtCd tn reqllC.lt cople.! of any inlCtgovemmenral agmmenLl thal were used in the
opellltion of their flll:lllty: Plnelopll.aWlde. Arizona; Newcastle. Delaware; Escambla County. Florida: Pembroke Pine.!. Florida; Sumter
County. Florida; Correyville. Kansas; Baltimore. MBJyland; Mora. Minnesota: SL Cloud. Minnesota; Truman. Mlnnesoca; Wright County.
Minnesota; Pennington County. Minnesoca; Fulmore County. Mlonesoca; Swift County, Mlonesota; Lake of the Woods, Mlnnesoca: Big
Sandy. Teau; HIdalgo County, Teau; Bellingham. Wublogton; Columbia County; Wisconsin; Portage, Wisconsin; and Sevier County.
Tennessee, In addltlon, we reviewed GCverallntetgovemmcnral agTUmenLl thal applied strictly to landfills, Those agmmcnLl were from:
The Oreal River Regional Wasle Authority. tbe DcJ Moine.! MCllOpolllBD Area Solid WUle Agency. and tbe DcJ Moloe.! County Regional
Solid Waste Commls.slnn,
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The three Individuals wbo supplied us wltb cople.! ofthelragmmenLl were: Dennis HanselllUlll of Truman, Minnesota; Bill Casey.
Facility Manager 51 Columbia County. Wisconsin; and John OeMolI of Sevier County, Tenne.!KC.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS; IOWA,
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composting regulation is unclear and municipalities desire to retain flexibility in adapting to
changes in regulations concerning compost standards and operation of composting facilities.
Because the environmental and health impacts of long-tenn land application of compost are
uncertain, flexibility in determining and adjusting collection and operation methods is
essential.
I
Nevertheless, we argue that it is imperative that the agreement written for the proposed Cedar
, Rapids composting facility be as specific as possible to ensure the success of the operation,
A well-crafted 28B agreement can be an effective tool for proactively addressing a region's
waste stream.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
EAST CENTRAL IOWA REGIONAL COMPOSTING AUTHORITY
There are a number of options for ownership and operation of the proposed composting
facility. These include Cedar Rapids owning and operating the facility with other parties
paying Cedar Rapids for use of the facility, or the establishment of a regional composting
authority as a separate entity to own and operate the facility. A regional authority
recommends itself for a number of reasons. By having one authority responsible for the
organic component of the region's waste stream, duplication of administrative and processing
costs is avoided, promoting economic efficiency and consequently achieving savings.
Similarly, the potential liability of transporting and processing waste and marketing and
applying finished compost is shared by local governments through the authority. Finally,
participating parties in the facility will benefit from the composting authority's greater access
to infonnation and expertise on managing solid waste. Figure 1 outlines the proposed
structure of the East Central Iowa Regional Composting Authority,
Figure!
East Central Iowa Regional
Compostlog Authority
Executlve
Commission
Full Members
LImited Members
Non.Member
Users
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
Sample Clause
Pursuant to the provisions of Chapter 28E of the Code of Iowa, the undersigned fonn and creDle as
a public body' corporoJ.e and politic and separoJe legal entity the East Central Iowa Regional
Composting Authority.
The purpose of the Authority is to reduce the compostable portion of the East Central Iowa Regions
waste stream through source reduction, diversion, and ultitnDlely mixed municipal solid waste
composting.
The governing body of the East Central Iowa Regional Composting Authority shall be known as the
Executive Commission and shall be comprised of representDlives from those parties defined as full
members.
Stre02truJ Weaknesses
. Costs and liability are shared. . Cities and Counties lose sole
. A voids duplication of facilities. authority over their waste.
. Belter coordination of policy. . Additional layer of
,
. Shared iofonnation and expertise. adminisll'ationlbureaucracy.
. More technical capacity could enable . Necessitates strong
innovation. intergovernmental agreements.
. Supports smaller communities . May stifle local innovation and
without the resources to construct a creative solutions.
composting facility. . Politically difficult to implement
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
MEMBERSHIP
Clearly defining the rights, responsibilities, and privileges of membership in the East Central
Iowa Regional Composting' Authority is important for two reasons. First, parties liable for
the operation of the facility and the compost produced need to be identified to eliminate any
confusion conceming responsibility (Libbey 1991, 52). Second, because the quality of
finished compost is highly correlated with the quality of waste processed, members'
responsibility in terms of collection methods and/or quality of delivered organics should be
specified.
We recommend that there be two categories of members in the Composting Authority. First-
tier members (or full members) will most likely include the City of Cedar Rapids and Linn
County, and possibly the City of Iowa City. Full members will be financially and legally
liable for the construction and operation of the facility. Second-tier members (or limited
members) will contract with the Authority to have access to the composting facility. Potential
second-tier members, identified by R,W. Beck and Associates, include the University ofIowa,
ADM, and the City of Iowa City, if it chooses not to be a full member. Limited members
may also include other communities in the region, private waste haulers, and commercial and
industrial waste generators.
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In addition, it is suggested that nonmembers be allowed to use the composting facility with
the permission of the Authority. The Composting Authority will evaluate nonmembers'
requests to use the facility on an individual basis and set separate tipping fees that are higher
than both full and limited members' tipping fees. Such limited use will act as an '
advertisement for the composting facility, allowing interested parties to use the facility
without having to commit long-term resources. In addition, there will be instances when a
large amount of organic waste is generated by individual parties and needs to be disposed of
on a one-time basis. A nonmember clause in the agreement provides the Authority with the
flexibility to accept and process this waste. We recommend that waste be accepted from
nonmembers only if it is economically advantageous to do so. This will ensure that
acceptance of nonmembers' solid waste does not financially burden full and limited members
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
by raising the average cost of operating the facility.
Smnp/e Clause
There shall be two clarses of members in the Eart Centrol Iowa Regional Composting Authority.
These clarses are full members and limited members. Each member shall designate by resolution of
its governing body the clars of membership it shall choose in the Authority.
Membership in the Eart CentrollowaRegional Composting Authority shall be required ar a condition
for use of the composting facility. However, the A uthority may establish separaJe user charges for
use of the facility by non-members in the event of excesscapacity. Solid warte may be accepted from
nonmembers only if the Executive Commission of the Authority determines it is economically
~an~w~~._ '
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Weaknesses
.
Multi-layered membership provides
flexibility by allowing for the inclusion
of parties in the Authority with different
interests.
Specific requirements for each layer of
membership allow for better enforcement
of agreement
Provides for greater regional use of the
facility ,
.
Complicated membership slrUcture may
lead to confusion concerning rights,
responsibilities, and privileges of
different members.
The more complicated the membership
structure, the larger the administrative
section of the Authority needs to be to
interpret and enforce the agreement
Possibility for disparities between
different members.
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Full membership carries both greater rights and responsibilities in the composting facility than
does limited membership. Full members will have voting rights in the Authority through an
Executive Commission. Representation on the Executive Commission of the Authority could
be based on a number of characteristics: population, total waste generated, waste generated
per capita, waste delivered to the composting facility, or some combination of the above
fac:tors, Basing representation on waste generation levels alone provides some disincentive
to source reduction. We therefore recommend that representation be based upon population.
This may be adjusted using the amount of acceptable waste a full member delivers to the
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CEDAR RAPIDS, IOWA
facility.
Financial Respomibility. Full members carry the burden of financial responsibility for the
construction and operation of the composting facility. Financial responsibility will be
distributed among full members in proportion to the members' population or size of the waste
stream or a combination of both characteristics. In addition, full members will be required
to pay a tipping fee based on tonnage that equals the average cost to the facility, of receiving,
processing, and applying or marketing the finished compost. The tipping fee will be set by
the Composting Authority (Goldstein and Spencer 1990, 39), The general formula for
calculating full members' tipping fees is as follows:
TF=O&M+DS+PT
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Where: TF = Tipping Fee Per Ton
O&M = Operating Costs and Maintenance D
DS = Debt Service
PT = Pass Through Costs
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The rationale for the formula is to ensure that all basic capital and operating expenses are
paid for by the operation of the facility (Apotheker 1991, 50). Operation and maintenance
include the expenses that are incurred on a daily basis to run the facility. Debt service is the
amount of revenue required to payoff any bonds. The pass through costs include expenses
such as taxes and insurance costs. The tipping fee will be readjusted each year based on the
previous years usage. The Authority could adjust the tipping fee based upon the amount of
quality compost being produced. The goal is to use the tipping fee to influence both the
quality and amount of waste members are bringing to the facility,
Sample Clouse
The Executive Commission of the East Central Iowa Regional Composting A uthority shall be
comprised of representatives of full members. Representation will be based upon population.. one
vote or representative for every 25.000 people domiciled within its jurisdiction with a minimum of
one vote or representative per full member.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
Full members shall finance the costs associated with the development and construction of the
composting fadlity with costs pro-rated on a population and/or waste generation basis.
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Full members shall be required to pay a tipping fee that will be based on the following formula:
TF=O&:M +DS + PI'
Where:
TF =
O&:M =
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PI' =
Tipping Fee Per Ton
Operating Costs and Maintenance
Debt Service
Pass Through Costs
Liability. Full members will share liability through the Composting Authority for operation
of the facility. As with financial responsibility, the extent to which each member is liable
through the Authority will be pro-rated to the member's population and/or co~tribution to the
waste entering the composting facility. Liability covers such items as accidents occurring
during transport of waste to the facility, costs of landfllling residuals or unacceptable final
product, and long-tenn liability resulting from possible legal actions occurring after compost
has been sold or land-applied. Full members share in any liability from the moment waste
is removed from the point of generation by any other full member and continue to share
liability after final application of the finished compost. Full members will also be liable for
waste from second-tier members from the point of its acceptance by the facility. However,
until the waste is accepted by the facility, full members carry no responsibility for the actions
of second-tier members.
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Withdrawal. To ensure stability and consistency, especially during the start up phase of the
composting operation, we recommend that full members be prohibited from withdrawing from
the Authority for five years unless significant payments are made to the Authority. Such
payments, including a member's pro-rated share of any bonded indebtedness, provide
participants an incentive to retain membership in the Authority,
Sample Clause
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Each full member shall indemnify the other full members and their respective agents and employees
from and against any and all claims, damages, losses, and expenses including reasonable attomey'sfees
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INTERGOVERNMENTAL COMPOSTlNG AGREEMENT
CEDAR RAPIDS, IOWA
incumd in the necessary proseclllion or defense of any action arising olll of performance or
nonperformance by the full memberof any of its obligations under the regional composting agreement,
and which is caused in whole or in part by that full member's negligent act or omission, or that of its
agents or employees or anyone employed by it or for whose acts it may be liable.
Full members shall not be liable for any action of a limited member in the Composting Authority
before or after that limited member's waste is accepted by the composting facility. However, after the
waste has been accepted, the A uthority assumes all liability arising out of the processing, application
and/or sale of the resulting finished compost.
SJreneths
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Emphasizes the regional nature of the
Composting Authority.
Provides incentive for full members 10
utilize the facility.
Liability is shared among a number of
parties.
Defines privileges of full members in
contrast to limited members.
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All full members are responsible for the
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Long-term liability may be a disincentive
10 full membership.
Full members assume long-term liability
for limited members.
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A full member may withdraw after the sixth month of the fifth year of inclusion in the Composting
A uthority. Provided, however, that no full member may withdraw at a time when there are any bonds
or other indebtedness outstanding and unpaid unless the member pays its pro-rated share of all bonded
indebtedness or actual damages resulting from withdrawal, whichever is less. A full member will
continue to be liable for all legal actions arising out of the time when the party in question was afull
member of the A uthorily.
Slren2ths
.
Provides the Authority with some .
financial security.
Includes flexibility for full members
desiring to withdraw from the Authority. .
Provides financial incentive for
utilization of the facility. ·
Ensures long-term liability is assigned to
the appropriate parties.
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May prove 10 be a disincentive for
inclusion in the Authority as a full
member.
May stifle local innovation and creative
solutions for reducing waste.
Difficult to assign appropriate liability
over the long-term.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
Second-ller Membership
Limited membership is intended to promote use of the facility by smaller communities and
commercial and industrial waste generators who do not have the resources to establish a
facility on their own but also do not want to share in the long-tenn operation and liability of
such a facility. Second-tier members will have no voting rights in the Authority.
Financial Respomibility. Limited members will pay a membership fee that covers the
additional administrative costs associated with their inclusion in the facility and includes a
fee to capiWize a regional household hazardous waste education, reduction, and collection
.
program, This fee is paid every three years and may be increased or decreased by the
Authority at the time of renewal. Because household hazardous waste can be a major source
of contamination in composting, its reduction and control should be a prime objective in the
development of any large-scale composting program (Hoomweg, Otten, and Wong 1991).
The household hazardous waste fee is collected from limited members because they do not
share in the Authority's liability, and consequently will have less incentive than full members
to reduce possible contaminants in their waste streams.
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However, this tipping fee will be adjusted upward to reflect the fact that limited members do
not share in the long-tenn liability of the facility, The general fonnula for calculating
limited members' tipping fees is as follows:
TF=O&M+DS+ST+PT+P
.
Where: TF = Tipping Fee Per Ton
O&M = Operating Costs and Maintenance
DS = Debt Service
PI' = Pass Through Costs
P = Premium
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I' are paid (Apotheker 1991, SO). Operation and maintenance includes the expenses that are
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
incurred on a daily basis to run the facility. Debt service is the amount of revenue required
to payoff the bonds. The pass through costs include expenses such as taxes and insurance
costs. The premium added to the limited members tipping fee reflects the long-term liability
assumed by full members for the waste limited members bring to the facility. The tipping
fee will be readjusted each year based on the previous years usage. The Authority could
adjust the fee based upon the amount of quality compost b~ing produced. The goal is to use
the tipping fee to influence the quality of waste that members are bringing to the facility.
Sample Clause
Limited members shall be required to pay a tipping fee equal to the tipping fee paid by full members
and a premium to be determined by the Composting Authority.
Liability. Each limited member has individual liability for the transport of its waste,
including the return trip from the facility. Liability for the waste will remain with them until
it has been accepted by the composting facility, In addition, limited members are responsible
for disposing of all of their waste that is (ejected by the composting facility.
Withdrawal. We recommend that limited members be allowed to withdraw from the
Authority at any time. However, the membership fee, which shall be paid every three years
will be nonrefundable. This fee provides some financial protection for the Authority. At the
same time, however, if a limited member finds a more cost-effective and efficient manner of
disposing of its waste, it should not be restrained from doing so,
Sample Clause
Lim ited members shall be liable for actions taken in collecting, transporting, and delivering waste to
the composting facility. Upon the waste beIng accepted at the facility, the A uthority assumes full
liabIlIty for the processing of that waste and the application and/or sale of the resulting finished
compost. A limited member shall not be held liable for any actions of full members. actions of the
A uthority, or actions of other limited members.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
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S treD2ths
WeQknesses
Provides incentive to join the Authority.
Authority is only responsible for the
waste upon acceptance, and is nOI
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limited members' use of the facility 0
.
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limited members.
Authority assumes that on.site inspection
will adequately contra) for contaminants
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membership fee shall be foifeited to the Authority.
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in withdrawing from the Authority.
Membership fee provides an incentive for
limited members to participate for
duration of the contracL
Guarantees Authority a base income for
administration of a limited member's
inclusion in the facility.
Ease of withdrawal may create problems
in planning for operation of the facility.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
PILOT PROGRAM AND WASTE MANAGEMENT PLANS
, Prior to acceptance as a member. each applicant must conduct a pilot program and submit a
waste management plan. The purpose of this requirement is to detennine members' potential
diversion rates and waste stream characteristics and to establish the most effective collection
system. In addition. this planIling process gives the Authority the opportunity to more
effectively review the feasibility of adding a new member to the facility. Effective planning
during the start-up phase of these programs will ensure the viability of the programs and
improve the ability to achieve the long-tenn goal of reduction of the waste stream.
Sample Clause
Prior to acceptance in the East Central Iowa Regional Composting A uthority as either afull member
or a limited member, a party must conduct a pilot program and produce a waste management plan.
The waste management plan shall contain the results of the pilot program including waste stream
characterization, the amount of waste possible to divert to the compostingfacility, a description of any
source reduction programs cummtly in existence or planned for the future, and a description of any
household hazardous waste control or reduction progroms currently in existence or planned for the
future.
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Provides the Authority with the
information necessary to adapt the
facility to the composition of waste in
the region.
Forecasts possible demand for the
composting facility's services.
Provides the opportunity to better
develop a regional household hazardous
waste program.
Is an incentive for communities,
commercial and industrial waste
generators, and institutions to develop
waste management plans.
.
Buries the Authority in paperwork.
Such plans may be cost prohibitive to
certain parties.
May discourage participation in the
Regional Composting Authority.
Unless technical assistance is provided
by the Authority, plans may be poorly
executed resulting in wasted resources.
.
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CEDAR RAPIDS, IOWA
WASTE FLOW/DESIGNATION AGREEMENTS
Desil!llation
With the substantial investments needed to construct and operate municipal solid waste
composting facilities, trash to energy plants, material recovery facilities, and recycling centers,
many municipalities with such facilities require all solid waste generated within their borders
to be processed at these sites. Such waste flow control agreements, in effect, create
monopolies, consequently allowing governments to make long-tellll investments in waste
disposal sites on the basis of fillll projections of revenue, usually in the fOIlll of tipping fees,
sufficient to pay for the investment. If the facility is not processing enough material, it is
failing to operate efficiently (Libbey 1991, 49).
Such agreements institutionalize the waste problem by providing a disincentive to reduce
waste at the source, In effec~ waste flow agreements are contracts to generate a certain level
of waste and deliver it to a specified facility. Source reduction programs, therefore, can be
argued to be violations of the contract.
In addition, waste flow agreements have resulted in conflict between the public and private
sectors of the waste management industry, In a number of court cases, waste flow
agreements have been challenged. In a'recent case involving the Prairieland Composting
Facility in Truman, Minnesota, two southern Minnesota counties, Martin and Faribaul~ wrote
an agreement that designated that all waste generated within the two counties be delivered
to the composting site (Watson 1991, 85-86). A private hauler who owns a landfill in Iowa,
that had served some of the waste disposal needs of the Minnesota counties, sued on the basis
that the agreement restricts interstate commerce and violates the Constitution's Commerce
Clause. The Eighth U.S. Circuit Court of Appeals in Minneapolis agreed and struck down
the ordinance. In a similar case, the California Couit'of Appeals ruled in September of 1992
that municipalities cannot dictate to businesses to whom they can sell or give their recyclables
(McEntee 1'992, 5-8). If the same ruling were applied to composting, it would mean a private
hauler could not be required to deliver waste collected to a specific composting facility,
20
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CEDAR RAPIDS, IOWA
Put or Pay
Another approach to ensuring a constant flow of waste andlor revenue to the composting
facility is a "put or pay" agreement. A "put or pay" agreement in terms of the proposed
Cedar Rapids Composting Facility would require full and limited members to supply a certain
amount. of waste or pay a penalty for the amount not delivered, Such an agreement is more
flexible than the designation agreement discussed above. However, put or pay "...creates a
tremendous financial disincentive" against waste reduction efforts (Hammer 1992, 43).
Rel:ionaLl'ip.,pilll! Fees
Our recommendation is to move away from designation or put or pay agreements. Both
provide incentives to generate waste and to build large capital-intensive composting facilities.
Instead, we strongly recommend that all members of the Authority, both full and limited, be
required to set tipping fees at landfills under their jurisdictions at a level to be determined by
the Composting Authority. By establishing regional landfill tipping fees, the incentive to
dispose of waste elsewhere is reduced. If the Authority ensured that the landfill tipping fees
are kept s!gnificantly above the tipping fee at the regional composting facility, the financial
incentive for waste generators and haulers would be to deliver as much of their compostable
waste to the composting facility as possible. In effect, such a tipping fee schedule makes
municipal solid waste composting cost-competitive. In addition, the tipping fee in
coordination with quality requirements will encourage source separation and possibly source
reduction (Glenn and Goldstein 1992, 34). Additional revenue collected through the increased
tipping fees at the landfills will become the property of the landfill owner; however, it would
be recommended that these revenues be used to support a hazardous waste reduction program
in the landfill's jurisdiction, This program could prove beneficial to both the landfill and the
composting facility as the quality of waste entering both facilities would improve. There will
be border effects whereby waste haulers and generators close to the border of the region
might not find the transportation costs to haul their waste to the nearest nonmember landfill
prohibitive and consequently would do so. The facility, therefore, should be sized to take
these possibilities into account.
21
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
Sample Clause
Upon acceptance into the AlIthority, bothful/ members and limited members will be required to set
the tipping fees oJ landfills under their jurisdiction oJ a level detennined by the East Ceiltrallowa
Regional Composting Authority.
1"
Stren~ths Weaknesses ..
. Creates a financial incentive to make full . Politically difficult to implement,
use of the composting facility. . May encourage the hauling of solid
. Not a disincentive to source reduction. waste out of the region.
. Provides the opponunity for cross- . Cities and Counties lose sole authority
subsidization between landfills and over their waste.
composting activities. . Reduces flexibility in setting innovative
. Regional problem is addressed pricing schedules at local landfills.
regionally. . Subsequent price increases in garbage ,
collection rates may Cause undesirable
disposal of waste. ':\
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22
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
WASTE QUALITY
Ensuring the quality of waste coming into the facility is important for several different
reasons. First, the quality of waste received at the facility directly impacts the quality of the
end-product. Even though measures are planned to screen the waste as it arrives at the
facility, a high quality separated waste stream coming into the facility is the best assurance
that the processed compost will meet quality regulations, If the facility is to be efficient, it
must avoid producing unacceptable compost that will have to be landfilled and will not
contribute to the diversion of waste,
Second, the future regulation of compost quality is currently unclear; therefore, the facility
should strive to produce the highest quality of waste possible. It is likely that stricter
requirements will be instituted and the facility is more likely to meet these new requirements
if the quality of feedstock into the facility is of the highest quality,
Third, the facility may be able to reduce costs if residuals can be controlled. Although there
is no way to feasibly eliminate all residuals that come to the facility, a reduction in
noncompostables will reduce the need for expensive separation methods and the cost of
transporting residuals to the landfill or recycling facilities.
Waste Ouality Standards VersllS Co~eqllirement
The facility has two options in assuring feedstock quality. The first option is to set standards
for the quality of incoming waste. Under this option, incoming waste is inspected upon
arrival on the tipping floor, If the waste fails to meet the quality requirements set by the
Composting Authority, it will not be accepted and will be the responsibility of the member
bringing the waste to the facility to transport the waste to a disposal facility. This option
attempts to guarantee that only a minimal amount of unacceptable waste enters the processing
facility.
23
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIT?S, IOWA
The advantages of this option include flexibility provided to facility users in detennining
collection methods, financial incentives to members for bringing quality waste to the facility,
and quality control at the facility. This option provides flexibility to individual members in
determining the best collection method for their situation. This could add to the utilization
of the facility by some communities that would not have been able to participate if a certain
collection method were required, as the costs of some collection methods may be prohibitive.
Also, by requiring members that bring unacceptable waste to the facility to pay for the
additional' cost of transporting the waste to the landfill, there is a financial incentive for
members to' devise a collection system that will ensure high quality waste that meets the
Authority's requirements. Finally, this method allows the facility to strictly control the quality
of waste entering the processing facility. If future regulations regarding the quality of end-
product are instituted, the facility will have the freedom to increase the quality requirements
for incoming waste to meet the new requirements,
The second option to ensure the quality of waste is to require that all members in the facility
have identical collection methods. For example, if all members are required to institute a
three bin (wet/dry) source separated collection system there could be several advantages. This ,
ensures a high quality homogeneous waste stream, provides economies of scale, and
minimizes separation and inspection costs. It has been shown that a source.separated
collection system, supported by a public education campaign, produces a higher quality waste
stream and therefore, a higher quality end-product than facility separated waste (Hammer
1992,40; Spencer 1991; Gould, Garrison, and Foster 1992). If this type of collection system
were required for all facility participants, the quality of incoming waste will likely be high.
Also, if identical collection systems were required, the members might be able to enjoy
economies of scale in the purchasing of equipment and supplies, There will also be
economies of scale realized in the education campaign as an area"wide campaign could be
instituted at a lesser cost than each individual community promoting its own method. Finally
there will be some cost savings to the facility in that there is less emphasis put on inspection,
screening, and record keeping. It will be up to each individual member to ensure that the
required collection method is implemented in such a way as to ensure a high quality of waste.
It is recommended that full members be required to operate identical source separated
24
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS/IOWA
collection methods while limited members be required to meet waste quality standards before
their waste is accepted at the facility. Because the full members are expected to generate the
majority of feedstock for the facility. requiring them to collect their waste in an agreed upon
method will provide a cost savings for the facility as less inspection and screening of the
waste will be required.
~
S(JJ1lple Clause
Full members shall be required to collect their compostable waste in accordance with guidelines
specified by the Authority.
StreQ2ths
Wealmesses
.
As full members are equally responsible
for the liability of the end-product, there
is greater incentive to properly
implement a collection program.
Economies of scale may be realized in
the purchase of equipment and in the
education campaign.
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the need for expensive facility separation
methods.
Reduces individual member's flexibility
in determining best collection method
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for other members poorly implemented
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INTERGOVERNMENTAL COMPOSTlNG AGR~EMENT
CEDAR RAPIDS, IOWA
S ceo nd..IillM c mber.;
Sample Clause
Limited members waste shall be rtquirtd to meet standards specified by the Authority. Waste not
meeting those standards shall be rtjected by the facility and rtmains the responsibility of the limited
member.
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
CONCLUSION AND RECOMMENDATIONS
Chapter 28E's vagueness provides Cedar Rapids and other parties interested in a regional
composting facility the opportunity to write an intergovernmental agreement that ensures the
success of the facility in terms of both participation and quality of compost produced. This
report examined the necessary components and stnlcture of that intergovernmental agreement.
It determined that in order for the facility to be successful, it must operate on a regional basis.
The agreement should not discourage source reduction or other options for reducing waste
and should proactively address the region's waste stream. Finally, the agreement should
clearly define the rights, responsibilities, and privileges of the participating members, while
addressing the issues that we identified in this report. In drafting the agreement, two goals
should be fulfilled. First, the agreement should ensure the quality of compost while
encouraging local innovation and ~exibility. Second, the agreement should ensure a relatively
constant flow of waste into the facility while not discouraging source reduction. ,
Becommendaijoll'l
· The regionalization effort should be carried out by establishing a' regional
Composting Authority to constnlct and operate the facility.
.
Membership in the Authority should be divided into two separate categories: First
Tier (Full Members) and Second Tier (Limited Members).
.
The governing body of the Authority should be known as the Executive Commission
and will be comprised of representatives from full members. Duties of the
commission should include, but not be limited to, setting tipping fees, conducting
grievance procedures, and determining collection methods.
.
Full members should be financially and legally responsible for the facility and should
share liability for the, operation of the facility.
.
Limited members should contract with the Authority to obtain access to the facility,
and should maintain individual liability w,ith regards to their participation in the
facility .
27
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INTERGOVERNMENTAL COltfPOS7'1NG AGREEMENT
CEDAR RAPIDS, IOWA
· Non-members, with the permission of the Authority, should obtain access to the
facility under special circumstances when it is economically advantageous for the
facility. They should maintain individual liability with regard to their participation
in the facility.
· Tipping fees should be based on an agreed upon formula that assigns appropriate
costs to the responsible parties and creates revenues sufficient to cover all costs of
the facility.
· Withdrawal conditions should be provided in the agreemen~ but should limit full
members withdrawal for a set period of time and/or while debt is outstanding.
Limited members should be free to leave the facility given the forfeiture of their
membership fee.
· All participating members should be expected to establish a pilot program and a
waste management plan prior to acceptance into the Authority.
.' Tipping fees at any and all landfills under the jurisdiction of the applicant should be
set at a rate determined by the Composting Authority as a condition of membership,
· Full members should be required to operate identical source separated, collection
methods, while limited members and non-members should be required to meet waste
quality standards prior to their waste being accepted at the facility.
We believe these recommendations create a framework with which to craft an effective and
sustainable intergovernmental agreement for the successful operation of the proposed Cedar
Rapids composting facility.
28
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INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
WORKS CITED
Apotheker, Steve. 1991. Engineering the nation's largest MSW composting plant, ResolU'Ce
Recycling X (July): 43.54.
Bourque, Charles L. and Nicole L. leBlanc. 1991. A nalyzing the composting option. Biocycle
32 (June): 80, 83.84.
Conklin, Cynthia L., and JD Lindeberg. 1992. Composting makes clean communities in
Michigan. ResolU'Ce Recycling XI (April): 50-62.
Glenn, Jim and Nora Goldstein. 1992. MSW composting plants learn from experience.
Biocyclc 33 (December): 34.38,
Goldstein, Nora and Bob Spencer. 1990. Solid waste composting facilities, Biocycle 31
(January): 36-39.
Gould, Mark, Richard Garrison, and Stephen Foster. 1992. Source separation and composting
of organic municipal solid waste. ResolU'Ce Recycling XI (July): 36-45,
Hammer, Steven A. 1992. Garbage in/garbage out: a hard look at mixed municipal solid
waste composting. ResolU'Ce Recycling XI (February): 40-44.
Hoomweg, Dan, Lambert Otten, and William Wong. 1991. Wet/dry household waste
collection. Biocycle 32 (June): 52.55.
Libbey, Kent, 1991, Lessons from a closed'msw composting plant. Biocycle 32 (December):
48-52.
Lindeberg, JD. 1992. A vote for lower.cost composting systems. Composting News 1 (June):
4-5.
29
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_ " .:;i':';,.._. ._._ :~'~'>-:I""''-J ':'~'i:.'_~~",-,;~...:...,..;...,:;.::..~_,:.<~.-...::~--,";,,,~',,,~_,;,_u:_.~,_ :.:__.. _ _ _,
INTERGOVERNMENTAL COMPOSTING AGREEMENT
CEDAR RAPIDS, IOWA
McEntee, Ken. 1992. Going with flow cOlltrol? Compostiog News I (October): 1,5.8.
Morrical, Dan. 1992. Regionalizalion can solve waste woes. American City and County 107
(November): 20.
National Composting Program, US Conference of Mayors. 1992, Forty-Five Ques~ol1'l and
All!iwers about Composting. Washington. DC: US Conference of Mayors,
R.W. Beck and Associates. 1993. City of Cedar Rapids, Iowa Composting Fe~ibility Study.
Minneapolis, Minnesota: R.W, Back and Associates,
Roulac, John. 1992. Home and centralized composting: complimentary and competitive.
Composting News 1 (September): 4-5.
',1
Shireman, Bill. 1992. The next recycling agenda: growing an economy that reduces waste at
the source. Resource Recycling XI (May): 81-85.
. r,
Spencer, Robert. 1991. Canada ~aunches municipal composting projects. Biocycle 32 (June):
30-32.
Watson, Tom, 1991. Solid waste composting gears up in Minnesota. Resource Recycling X
(September): 81-89.
'.
30
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MEMORANDUM
TO: Chuck schmadeke, PUblic Works Director
FROM: Floyde pelkey, supt. of Solid Waste
RE: City Recycling program Items
METAL & WHITE GOODS - (APPLIANCES. ETC,)
The Iowa City Landfill started separation of metal and white goods on 8/1/89. The Refuse Division
started separate curbside collection of white goods on 8/1/89. The curbside collected white
goods are taken to the Landfill recycle site. White goods are then picked up and recycled by
Alter corp. of Davenport, Iowa. starting in November 1992, some appliances are being collected
from the landfill by State Wide Auto crushing, Des Moines, Iowa.
MONTHNEAR
Apr, 1993
May, 1993
Jun, 1993
JUI, 1993
Aug, 1993
sep, 1993
oct, 1993
NOV, 1993
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
COLLECTED CURBSIDE
5.18 ton
4.22 ton
3.75 ton
5.36 ton
6.61 ton
3.59 ton
4,77 ton
2,62 ton
4.89 ton
3.40 ton
1.92 ton
3.36 ton
COLLECTED @ LANDFILL
23.38 ton
25.53 ton
27.17 ton
29.01 ton
30.30 ton
33.96 ton
49.77 ton
23.06 ton
19.69 ton
13.37 ton
12.32 -ton
35.18 ton
()
The tonnages collected by Alter corp. and State Wide Auto crushing do not necessarily reflect
the month that the white goods are collected by the Landfill.
MONTHNEAR
Apr, 1993
May, 1993
Jun, 1993
Jul, 1993
AU9, 1993
, sep, 1993
oct, 1993
NOV, 1993
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
COLLECTED/ALTER CORP
10.22 ton,
.00 ton
6.96 ton
15.84 ton
6.34 ton
5.36 ton
21.00 ton
19.48 ton
13.85 ton
9.14 ton
12.71 ton
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-
INCOME FROM ALTER CORP.
452.48
-50.00
241.16
868.92
268.90
190.09
1,037.50
1,184.93
849.29
754.65
748.93
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Recycle program Items. pg 2
MONTH/YEAR
Apr, 1993
May, 1993
Jun, 1993
Jul, 1993
AUg, 1993
sep, 1993
oct, 1993
NOV, 1993
Dec, 1993
Jan, 1993
Feb, 1994
Mar, 1994
C'~
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COLLECTED/STATE WIDE
65.30 ton
.00 ton
44.05 ton
.00 ton
.00 ton
.00 ton
43.32 ton
.00 ton .
.00 ton
.00 ton
.00 ton
.00 ton
INCOME FROM STATE WIDE
652.95
.00
440.50
-4,764.96
.00
.00
649.80
.00
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i and at the curb by the Refuse Division, then taken to the Landfill recycle site. The tires are I
picked up by Rosebar Tire Shredding co. of vinton, Iowa at a cost to the City of $75.00 per ton
plus a fee for rims collected.
MONTHNEAR COLLECTED CURBSIDE COLLECTED @ LANDFILL
Apr, 1993 .05 ton 57.39 ton
May, 1993 .11 ton 69.14 ton
Jun, 1993 .10 ton 132.37 ton
Jul, 1993 .00 ton 1.58 ton
Aug, 1993 ,66 ton 7.94 ton
sep, 1993 .15 ton 1.86 ton
oct, 1993 .01 ton 2.16 ton
NOV, 1993 1.16 ton 1.90 ton
Dec, 1993 .05 ton .79 ton
Jan, 1994 .02 ton .44 ton
Feb, 1994 .00 ton .26 ton
Mar, 1994 .04 ton 1.30 ton ID
The tons collected by Rosebar Tire Co. do not necessarily reflect the month that the tires are
collected by the Landfill.
MONTHNEAR COLLECTED BY ROSEBAR EXPENSE PAID TO ROSE BAR
Apr, 1993 28.62 ton 2,032.02
May, 1993 31.88 ton 2,263.48
.,r;" Jun, 1993 41.16 ton 2,922,36
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(~~ Jul, 1993 9.87 ton 700.77
Aug, 1993 70.28 ton 4,989.88
sep, 1993 44.42 ton 3,220.42
\! oct, 1993 15.59 ton 650.25
.;>i~ NOV, 1993 8.29 ton 621.75
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Jan, 1994 19.58 ton 1,468.50
.. Feb, 1994 13.12 ton 984,00 '
Mar, 1994 .00 ton .00
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NEWSPRINT
The city began drop site collection of newsprint on 3/28/90, with seven locations now available '( :
IEconofoods, No. Dodge Hy Vee, city carton, Eastdale Mall, Recreation center Lot, pepperwood
Place, Rochester Hy veel. The city collects the newsprint from the drop sites and delivers them
to City carton Co. for processing.
In addition, the city began curbside collection of newsprint on 7/13/92. The curbside newsprint
Is also delivered. to City carton Co. for processing. The City pays City Carton Co, by weight
~ccordlng to the Chicago Market price.
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, MONTHIYEAR COLLECTED CURBSIDE COLLECTED @ DROP SITES
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,,] Apr, 1993 33.72 ton 86.37 ton
May, 1993 37.75 ton 83.11 ton
Jun, 1993 34.67 ton 109.01 ton
Jul, 1993 29.45 ton 103.76 ton
Aug, 1993 36.44 ton 106.61 ton
sep, 1993 36.34 ton 94.83 ton
oct, 1993 30.66 ton 96:97 ton
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Nov, 1993 38.96 ton 111.11 ton
Dec, 1993 35.35 ton 119.03 ton
Jan, 1994 31.10 ton 90.24 ton
Feb, 1994 28.63 ton 106.79 ton
Mar, 1994 38.02 ton 125.43 ton
MONTHIYEAR PO CITY CARTON:CURBSIDE PO CITY CARTON:DROP SITES
Apr, 1993 .00 .00
May, 1993 .00 .00
,,"--'..... Jun, 1993 .00 1',090.10
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r~'\ .. Au9, 1993 .00 1,066,05
sep, 1993 .00 916.60
oct, 1993 .00 969.70
NOV, 1993 .00 1,111.10
Dec, 1993 .00 1,190.30
I' Jan, 1994 .00 902.40
fl) ',: Feb, 1994 .00 1,067.79
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YARD WASTE
The Iowa City Landfill started separation of yard waste and the Refuse Division started separate
curbside collection for yard waste on 5/21/90. The curbside collected yard waste is taken to the
Landfill recycle site.
COLLECTED CURBSIDE
176.11 ton
198.11 ton
196.19 ton
198.59 ton
171.10 ton
131.59 ton
129.30 ton
50.66 ton
17.10 ton
23.05 ton
3.00 ton
71.42 ton
COLLECTED @ LANDFILL
241.25 ton
284.71 ton
228.33 ton
285.98 ton
229.54 ton
162.85 ton
183.74 ton
97.21 ton
36.77 ton
6.88 ton
5.45 ton
103.95 ton
MONTHIYEAR
Apr, 1993
May, 1993
Jun, 1993
Jul, 1993
Aug, 1993
sep, 1993
oct, 1993
NOv, 1993
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
PLASTIC BOTTLES
The City of Iowa City began drop site collectIon of plastic milk jUgs on 6/12/89, with eight
locations now available IEconofoods, NO, Dodge Hy vee, City service Yard, City carton, Eastdale
Mall, Recreation Center Lot, pepperwood Place, Rochester Hy veel. The City collects the bottles
from the drop sites and delivers them to City carton co., where they bale the plastic and ship
It for processing.
;": In addition, the City began curbside collection of plastic bottles on 7/13/92. The curbside bottles
(~~ are also delivered to City Carton Co. for processing.
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Apr, 1993 2.36 ton 6.04 ton
May, 1993 2.66 ton 5.72 ton
Jun, 1993 3.04 ton 7.27 ton
Jul, 1993 1.97 ton 6.63 ton
Aug, 1993 2.51 ton 8.82 ton
sep, 1993 2.52 ton 7.74 ton
oct, 1993 4.23 ton 5.52 ton
NOV, 1993 2.70 ton 9.09 ton
Dec, 1993 2.24 ton 7.91 tOr:!
Jan, 1994 2.12 ton 8.36 ton '...
Feb, 1994 2.20 ton 10.48 ton
Mar, 1994 2.78 ton 11.54 ton
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TIN CANS
The City of Iowa City began drop site collection of tin cans on 3/91, with two locations now
available IEconofoods, City carton), The City collects the tin cans from Econofoods and delivers
them to City Carton Co, for processing. '
In addition, the City began curbside collection of tin cans on 7/13/92. The tin cans are delivered
to City carton Co. for processing.
MONTHIYEAR COLLECTED CURBSIDE COLLECTED @ DROP SITES
APr, 1993 3.99 ton 3.62 ton
May, 1993 3.50 ton 2.49 ton
Jun, 1993 4.02 ton 2.94 ton
Jul, 1993 2.88 ton 1.52 ton
Aug, 1993 3,12 ton 2.31 ton
sep, 1993 3.50 ton .00 ton
oct, 1993 5:06 ton 3.26 ton
NOV, 1993 4.31 ton 3.95 ton
Dec, 1993 4.12 ton 3.21 ton
Jan, 1994 3.56 ton 2.47 ton ' ,
Feb, 1994 3.81 ton 1.16 ton
Mar, 1994 4.95 ton 2.77 ton
CLASS
The City started drop site collection of glass on 8/90, with four locations available (ECOnofoods,
NO. Dodge Hy vee, City service Yard, City Carton), The City collects the glass, which Is separated
by color and delivers it to City Carton Co. for processing.
In addition, the City began curbside collection of ~Iear glass on 7/13/92. The curbside clear glass
Is also delivered to City Carton Co. for processing.
MONTHIYEAR
Apr, 1993
May, 1993
Jun, 1993
Jul, 1993
Aug, 1993
sep, 1993
oct, 1993
NOV, 1993
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
COLLECTED CURBSIDE
7.66 ton
7.46 ton
8.84 ton
6.89 ton
8.35 ton
8.21 ton
6.87 ton
7.89 ton
7.49 ton
6.02 ton
6.71 ton
9.38 ton
COLLECTED @ DROP SITES
.58 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
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.00 ton
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OIL
The City has been providing an automotive waste oil disposal sIte at the City service Yard since
9/22/89, Industrial Service corp. collects the City's uncontaminated waste 011
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MONTH/YEAR
Apr, 1993
May, 1993
Jun, 1993
Jul, 1993
Aug, 1993
sep, 1993
oct, 1993
Nov, 1993
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
DISPOSAL SITE TONNAGES
5.75 ton
4.16 ton
7.25 ton
4,02 ton
5.90 ton
5.18 ton
3.18 ton
3.89 ton
3.54 ton
2.56 ton
1.52 tqn
5.10 ton
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City of Iowa City
MEMORANDUM
April B, 1994
To: stephen Atkins, city Manager
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From: Joe Fowler, Director parking & Transit :;.::
Reference: Capitol street Ramp
Year to date expenditures for the Parking Division have not been as
high as originally projected. This is the result of several
factors: Chauncy Swan did not open as soon as expected, repairs to
structures were lower than past years, and new meters were not
purchased. This has resulted in an excess of funds as we near year
end. I would like to use these funds for improvements in the
Capitol street Ramp.
The proposed improvements would be: replacement of stolen emergency
lights in the lobbies, painting the elevator lobbies, replacement
of elevator floors, and painting' of stair risers in the stair
towers. I am not sure how much of this work can be preformed with
the funds available. If you approve of these items I will solicit
bids for these projects and then complete as many as funding
allows.
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To: IOWA CITY CLERK
From: jo hog arty
4-13-94 7:57am p, 2 of 7
John511n ClIunty
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BOARD OF SUPERVISORS.
Stephen p, Lacina, Chatrperson
Joe Bolkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
April 14. 1994
FORMAL MEETING
Agenda
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1. 'CaIl to order 9:00 a.m.
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2. Action re:
claims
3. Action re: informal and formal minutes of April 7th.
4. Action re: payroll aulhorizatioIis
S. Business from the County Auditor.
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a) Action re: permits
b) Action re: reports
1. County Auditor's quarterly report offees collecled,
2. County Recorder's quarterly report of fees collected.
c) Other
6. Business from the County Attorney.
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a) Resolution setting public hearing on disposal of county interest in Youth
Homes, Inc. real estate/discussion/action.
b) Report re: other items,
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913 SOUTH DUBUQUE sr.
P.O. BOX 1350 IOWA CITY, IOWA 52244.1350
TEL: (319) 356.6000
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FAX: (319) 356.6086
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To: IO~ CITY CLERK
From: ja hagarty
4-13-94 7:57am p. 3 of 7
Agenda 4-14-94
7. Busincss from thc
Page 2
Assistant Zoning Administrator.
a) Motion sclling public hearing.
b) Othcr
8. 9:30 a.m, - Public Hearing on Zoning and Platting applications:
a) . First and Second consideration of the following Zoning applications:
1. Application Z9407 of Stanek Estale, Swisher, signed by Larry
Marak, requesting rezoning of 1.99 acres from Al Rural to RS
Suburban Residential of ccrlain property described as being in
the SE 1/4 of the SE 1/4 of Section II; Township 81 N orlh; Rangc
8 West of lhe 5th P.M. in Johnson County, Iowa (This property is
located on the west side of Falcon Avenue NW, at its intersection
with "L" Road NW in Monroe Twp.).
2. Applicalion Z9408 of Brian Jones, North Liberty, requesting
rczoning of 1.99 acres from Al Rural to RS Suburban Rcsidcnlial
of certain property described as being in the NE 1/4 of the SW
1/4 of Section 2; Township 80 North; Range 6 West of the 5th
P.M. in Johnson County, Iowa (This properly is located on lhe
west side of Jordan Crcek Road N E, 1/2 mile southwest of its
intersection with Quincy Road NE in Newport Twp.).
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3. Application Z9410 of Alan Lacina, Iowa City, requesting
rczoning of 2 - 1.99 acres from Al Rural to RS Suburban
Residenlial of certain property describcd as being in the SW 1/4
of the SW 1/4 of Section 10; Township 79 North; Range 5 West of
the 5th P.M. in Johnson County, Iowa (This propcrty is locatcd
on thc cast side of Wapsi Avcnuc SE, approximately 1700 fcel
south of its interscction with Lower West Branch Road SE in
Scoll Twp.).
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4. Application Z9411 of Edwin and Ada Miller, Kalona, requcsting
rczoning of 1.99 acrcs from Al Rural to RS Suburban Rcsidential
of ccrlain propcrly dcscribcd as being in the N E 1/4 of the NW
1/4 of Seclion 24; Township 78 N orlh; Range 8 West of thc 5th
P.M. in Johnson Counly. Iowa (This properly is locatcd on lhc
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To:" IOWA CITY CLERK
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From: jo hog arty
4-13-94 7:57am p. 4 of 7
Agcnda 4-14-94 Page 3
south side of 2S0th Strcet SW, approximately 2200 feet east of its
interscction with Cosgrove Road SW in WasWngton Twp.).
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S. Application Z9412 of Thomas Aubrechl, Iowa City, rcqucsting
rezoning of 1.99 acrcs from Al Rural to RS Suburban Rcsidcntial
of certain properly described as bcing in the NE 1/4 of the NW
1/4 of Section 28: Township 79 North; Range 7 West of the 5th
P.M. in Johnson Counly, Iowa (This property is located on thc
south side of Rohret Road SW, approximately 1/2 mile east ~f Ivy
Avenue SW in Union Twp.).
6. Application Z9413 of Eugene Charbon, Oxford, signed by Fred
Charbon, Iowa City, requesting rczoning of 1.46 acrcs from A1
Rural,to RS Suburban Rcsidential of certain property describcd
as being in the W 1/2 of the SE 1/4 of Section 34: Township 80
North; Rangc 7 West of the 5th P.M. in Johnson County, Iowa
(This properly is located on the south sidc of Kansas A venue SW,
approximately 1150 fect east of its intersection with Jasper
Avenue SW in Clcar Creek Twp.).
7. Application Z9414 of Drew & Heather Shoemaker, Coralville,
requcsting rezoning of 1.98 acres from Al Rural to RS Suburban
Residential of ccrtain property describcd as being in the NW 1/4
of Section 33: Township 79 North; Range 5 West of the 5th P.M.
in Johnson County. Iowa (This propcrty is locatcd on lhe north
side of Iowa Stale Highway 6 SE: approximatcly 1/4 of a mile
east of its inlcrscction with Utah Ave SE in Scott Twp.).
Discussion/action re: the following Platting applications:
1. Application S9406 of Mary J. Gringcr rcquesting prcliminary and
final plat approval of Gringcr's 2nd Subdivision, a subdivision
located in the SE 1/4 of thc NE 1/4 of Scction 5: Township 78
North: Rangc 8 West of the 5th P.M. in Johnson Counly, Iowa
(This is a Hot, 1.04 acre, farmstcad split.locatcd on lhe wesl side
of Calkins Avenuc SW, approximately 1/4 of a milc norlh of lhe
interscction of Calkins Avcnuc SW and 470th Street SW in
Washington Twp.).
2. Applicalion S9410 of David W. Busch requcsting preliminary
and final pial approval of Busch's First Subdivision, a
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4-13-94 7:57am p, 5 of 7
Agenda 4-14-94 Page 4
subdivision located in the W 112 of lhe SE 114 of Section 21:
Township 80 North; Range 5 Wcst of the 5th P.M. in Johnson
County, Iowa (This is a i-lot, 49.51 acre, residential subdivision
with two agricultural lots, located on the north sidc of Rapid
Creek Road NE northeast of thc intersection of Rapid Creck
Road and Wapsi A venuc NE in Graham Twp.).
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3. Application S9412 of Edwin Ray Miller requesting preliminary
and final plat approval of Edwin's Subdivision, a subdivision
located in the NE 1/4 of the NW 1/4 of Section 24; Township 78
North; Rangc 8 of the 5th P.M. in Johnson County, Iowa (This is
a Hot, 20.28 acre, residential with two non-buildable agricullural
lots subdivision, located on thc south side of 520th Slreet SW,
approximately 3/8 ofa mile east of the intcrsection of S20th Strccl
SW and Cosgrove Road SW in Washington Twp).
Application S9413 of Irvin & Irene Grout, signed by Nancy
Duwa, requcsting preliminary and final plat approval of N. G.
Subdivision, a subdivision located in the NW 114 of lhe SW 1/4 of
Section 13: Township 78 North: Range 7 West of the 5th P .M, in
Johnson County, Iowa (This is a Hot, 1.71 acre, farmstcad split,
located on the cast side of Lackcndcr Avenue SW, 115 of a milc
south of the intersection of Lackendcr Avenue SW and SOOth
Strect SW in Sharon Twp.).
Application S9416 of Robert & Mindy Mahoney requesting
preliminary and final plat approval of Quartcrhorsc Acres, a
subdivision located in lhe NW 1/4 of the SW 1/4 of Section IS;
Township 80 N orlh; Rangc 8 Wcst of thc 5th P.M. in Johnson
County, Iowa (This is a Hot, 5.32 acre, rcsidcntial subdivision,
locatcd on the north side of Highway 6 NW, approximatcly 2.0
milcs wcsl of Kcnt County Park in Oxford Twp.).
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From: ja hagar~y
4-13-94 7:57am p, 6 of 7
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6. Application S9422 of Juanita Stallman requesting preliminary and
final plat approval of Woodland Meadow Second Addition, a
subdivision located in the SE 114 of the NE 114 of Scction 14;
Township 81 N orlh: Range 7 West of the Slh P,M. in Johnson
County, Iowa (This is a I-lot, 9.20 acrc, residential subdivision,
located on the north side of Mohawk Road NE approximatcly 1/8
of a mile east of Ihc intersection of Mohawk Road NE and Sandy
Beach Road NE in Jcffcrson Twp.).
9. Business from thc Board of Supervisors.
a) Aclion re: 1995 Dust Alleviation Program.
b) Aclion re: Tri-County Bridge EWP project.
c) Discussion/action re: amendment to the current contract between the
Heritage Arca Agency on Aging and Johnson Counly ($312,750.00 10
$310,750.00).
d) Discussion/aclion rc: FY9S Home Care Aide/Chorc applicalion.
e) Other
10. Adjourn to informal mecting.
a) Inquirics and rcports from the public,
b) Reports and inquires from the members of the Board of Supervisors.
c) Report from lhe Coupty Atlorncy.
d) Executive Session 10 discuss slratcgy rcgarding S,E,A.T.S. collcctive
bargaining/discussion/action.
c) Other
11. Adjournmenl.
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City of Iowa City
MEMORANDUM
DATE: April 22, 1994
TO: City Council
FROM: City Manager
RE: Material in Information Packet
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Memoranda from the City Manager:
a, Wastewater Improvements - Ammonia Standards
b. Weather Alert Sirens
c. Toxic Waste Cleanup Day
d. Lawn Signs
e. Downtown Maintenance
f, Oakland Avenue Area Sanitary Sewer Surcharging
g. Soil Conservation Service
Memorandum from the Assistant City Manager regarding Americans with 1050
Disabilities Act - Cqmmunity Compliance Efforts,
Memoranda from the City Attorney:
a. Update on "Plan of Action" for Cliff Apartments
b. Temporary Use of Sidewalks/Public Right-of-Way to make local
businesses physically accessible to persons with disabilities
c, Confirmation of Employment - Two Assistant Attorney Positions /~5
Memorandum from the City Clerk regarding absence from the office.
Memoranda from the Director of Planning and Program Development:
a. Revised lists for the Nine Task Forces
b, Staff Changes - Senior Planner
Memorandum from the Director of Housing and Inspection Services
regarding public housing development schedule.
Memorandum from the Airport Manager regarding the hangar building. /041
Letter from the Johnson County Attorney regard i ng Mormon Tr,ek traffi c /()f1 S
signal,
Letter from Senator Grassley forwarded to the City Council by Dale
Yocum regarding health care reform.
Agendas for the April 19 informal and formal meetings and the April 21
formal meeting of the Johnson County Board of Supervisors.
Agenda for the 4/26 Inforoal meeting of the Board of Supervisors,
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Ci~y of Iowa City
MEMORANDUM
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Date: April 20, 1994
To: City Council
From: City Manager
Re: Wastewater Improvements, Ammonia Standards
We have determined, through discussions with the IDNR and EPA, what appears to be an
acceptable construction schedule to meet ammonia standards. The most recent work activity
of Stanley Consultants becomes far more relevant now that the completion date is 1998,
rather than the year 2000. They have been under contract to design the preliminary elements
of wastewater treatment and collection facility improvements to fulfill our obligation to meet
the new ammonia standards imposed by the federal government.
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The engineering report was recently received and is under review by staff. Stanley
Consultants concluded that in order to meet the new, and far more stringent, ammonia
standards, significant capital expense will be necessary. In our early budget planning we had
anticipated the connection at the two plants as the primary instrument to fulfill our ammonia
treatment obligations. That remains so. However, upon review by our consulting engineers,
they have concluded that neither the north or south plant is fully capable of reducing ammonia
sufficiently when performing at their current design rated capacity. Therefore, in addition to
the plant connection the north plant will need to significantly reduce its treatment capacity,
and new capacity constructed at the south treatment plant. The basic elements for satisfying
the federal requirements are the construction of the plant connection, some additional relief
sanitary sewers, a new pump station, and expansion in capacity at the south plant. These
total construction costs are rouqhlv estimated at $34 million in today's dollars and do not
provide for engineering, legal and other costs. The total project could approach $40 million,
As you can see this ammonia treatment obligation can have a profound effect upon our
citizens' utility bills, particularly as we move ahead with our water project planning.
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very real potential exists that the City could be undergoing two major utility construction
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projects simultaneously; that is, constructing a new water plant and sewer improvements on
the approximate same schedule. This will be an administrative challenge and will need a
detailed review. Our project management capability will be stretched in that we have not
seen two major construction projects occurring simultaneously, and we must anticipate
numerous other projects in conjunction with our seven year plan.
While we do not have a firm completion date for the water project, we can expect that it will
likely occur at a time near that of the wastewater improvements and will depend upon the
actions of the IDNR and the EPA as they struggle over the issue of primacy concerning
fulfillment of federal regulations. We do know we plan to submit to you a preliminary
engineering report in May and the authorization to proceed to wastewater design as shortly
thereafter as possible. This would allow the water and wastewater project design to occur
during the upcoming fiscal year 1994 through 95, and assuming all goes well the wastewater
project could be bid on or about September/October 1995 and the water project around Au-
gust/September 1995. The design contract for the wastewater project is being prepared.
We had also intended to provide an overall rate analysis for you at an upcoming Council work
session. It is my intent to incorporate water and wastewater rates as a part of this
discussion. In order for us to undertake a plan for the borrowing and identify how we can
undertake project management for two large capital projects, we need to begin with some
immediacy our financial planning and policy approval.
The issues of financing are now being reviewed as our community will face $ 90 million + /-
in borrowing in a short timeframe. Most chilling about such borrowing is not only the
significant utility rate increases, but the borrowing for reserves in the financing will drive up
the costs even further. This is due to the fact that we project such large borrowing for a
community of our size. There appears to be little we can do, unless we are prepared for the
legal action that would likely be forthcoming from the state and federal governments. These
capital projects were originally planned to have been staged differently; however, the timing
has now changed and our obligation to proceed has been accelerated.
cc: Director of Public Works
Director of Finance
Director of Planning
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City of Iowa City
MEMORANDUM
Date: April 20, 1994
To: City Council
From: City Manager
Re: Weather Alert Sirens
Attached is a proposal from the Fire Department concerning an upgrade of our weather alert
siren/communication system. Following the flood of '93, I encouraged our operating departments
to review emergency procedures and in particular, those that involve our responsibility to notify
the public of impending danger and/or how we might better advise the public to react to such
consequences. Internal procedures include how to accommodate the employees in our public
buildings as well as the citizens, for example, that might be visiting the Civic Center at the time
of severe weather. Those internal procedures are proceeding.
The proposal for improving the weather alert siren/communication system, I believe, has merit.
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The financial implications are of some consequence, but we believe that an improved weather
alert communication system is something the public expects and additionally we can likely reduce
our annual maintenance cost. During the preparation of the recently approved budget, this matter
was being considered; however, no conclusion had been reached for a recommendation and
therefore it was not included. If the Council is inclined to support this proposal, it would be my
intent to authorize the Fire Department to proceed with the purchase and installation of the new
system as outlined. We would develop an internal financing for this new program, that is,
advance the total capital cost from our reserve funds and those reserves would be paid back over
some period of time. You recall we have used this procedure for selected park projects from our
parkland acquisition fund and the construction of a new Animal Shelter. This allows us to use
our reserves productively. Although it does involve a commitment of funds over a protracted
period, I believe it to be worthwhile in this instance and worthy of your support.
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MEMORANDUM
Iowa City Fire Department
Date: April 13, 1994
To: Steve Atkins
Re: Weather
From: Jim Pumfrey
OVERVIEW
The existing weather alert siren system is comprised of 14 sirens located throughout the city
to provide our citizens with advanced warning of severe storms. These sirens are of two
varieties: nine (91 older mechanically-driven units, and five (51 newer electronic units. The
nine mechanical units are approximately 20 years old. Two of the electronic units are five
years old and three were purchased in 1993.
We have been experiencing an increasing amount of unreliability of operation in our nine older
units. To compound the problem of unreliability, there are no local service repair personnel
to work on the internal circuits of these units. If a unit malfunctions, it is removed and sent
to Arizona for repairs. The normal turnaround time is 4-6 weeks. It is our opinion that this
degree of unreliability and lack of quick repair does not serve our citizens well.
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We are proposing the current weather alert siren system be completely upgraded to provide
our citizens with a more reliable advanced technology.
DETAILS
We view the new system as being part of an integrated emergency communication system
package, which can be operated from our emergency communications center. Currently, the
older sirens are only capable of producing a mechanical siren sound. The newer sirens (51 do
have voice broadcast capability at the siren site, but not from a remote location, Neither of
these units have the capability for providing quick voice messaging to the entire city or
specific areas of the city.
A new/expanded system would have designed capability for either field-generated voice
messaging or prerecorded voice messaging (16, 60-second messagesl. The prerecorded voice
messages can be as simple as the announcement of the forthcoming monthly test to a
message announcing a lost child in a specific area of town. The prerecorded messaging
provides instant capability to alert and inform our citizens of the exact nature of the
emergency and the recommended action, i.e. take cover now, The field-generated messaging
providt;ls the capability to direct and inform our citizens of information they need to know as
a result of the emergency, i.e, food and water rations are available at the City Transit facility.
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Another extremely important feature of the new system is the capability to conduct routine
"silent" testing of the system. Each unit would have internal, self-diagnostic features
permitting a silent activation of the unit. Each siren would then go through an activation
sequence, except for actual sound production. A return message would be sent back to our
emergency communications center informing the status of the siren. This feature would
permit the silent testing of sirens prior to a severe storm's arrival to ensure all sirens are
operational. If not, we may have some lead time to attempt repairs of the siren prior to the
storm's arrival.
Finally, the system, as planned, provides for the capability to activate city sirens from our
emergency communications center. This currently can only be done from the Johnson County
Sheriff/s communications center. In developing our emergency communications center, we
deliberately built-in several layers of redundancy and backup features to ensure our ability to
maintain emergency communications. This would provide a level of redundancy in our
weather alert siren operation which is presently missing.
SUMMARY
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We are proposing the City change its current replacement schedule of one siren per year to
a total replacement/upgrade of the existing weather alert sirens to a true emergency
communications system. Based on preliminary figures for this conversion, we anticipate a
project cost of approximately $242/000. We propose utilizing the funding level for one siren
a year replacement to offset the funds required for this project. Accordingly, this project
should be able to be accomplished within current and future budget projections without
impact on other areas. We currently are unaware of any federal grant funding for this type
of proposal; however, we will continue to pursue this avenue.
The approval of this project will greatly enhance our city' s ability to provide emergency
communications to our citizens and as a result provide for a higher level of public safety.
b~sircns
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City of Iowa City
MEMORANDUM
Date: April 18, 1994
To: City Council
From: City Manager
Re: Toxic Waste Cleanup Day
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The Department of Natural Resources (DNRI has informed us that September 17, 1994, was
the day they scheduled for Iowa City's toxic waste cleanup day. Because of the state grant
funds we will receive, we must hold the cleanup day on a date selected by DNR. Unfortunate-
.
Iy, the Johnson County 4.H Fairgrounds are not available on that date. The only other two
open Saturdays in September and October are UI home football games. We have discussed
the situation with DNR and they are willing to allow us to use the money in the spring of
1995. The toxic waste cleanup day workshop originally scheduled for early April was
cancelled. It was at that meeting Brad would have discussed details of the planned clean-up
day. A spring clean-up seems likely and we are now reviewing our options.
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City of Iowa City
MEMORANDUM
DATE: April 19, 1994
TO: City Council
FROM: City Manager
The arrival of our lawn signs for private treatment applicators
'has been delayed by the truck strike. We hope to receive these
signs sometime this week, but nothing is certain,
This strike is affecting receipt of supplies for the City as well.
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Cmty of Iowa City
MEMORANDUM
Date: April 18, 1994
To: City Council
From: City Manager
Re: Downtown Maintenance
Over the past weekend, Sheri Thomas, our Senior Maintenance Worker who is responsible for
our downtown maintenance, was injured in a bicycling accident. She fell, broke her hip and
is likely to be gone from work for six to eight weeks. Those of you who know Sheri will
certainly understand that the six to eight week absence is painful enough for her, but also for
us. The downtown maintenance activities will suffer initially as we attempt to provide downtown
coverage, as well as the Chauncey Swan Park project, which is currently underway, Sheri
played a key role in the design of the plantings at the new park,
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We will keep you advised, but in case you hear about downtown maintenance slipping a bit,
we are working to correct that problem.
cc: Terry Trueblood
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City of Iowa City
MEMORANDUM
Date: April 18, 1994
, To: City Council
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From: City Manager
Re: Oakland Avenue Area Sanitary Sewer Surcharging
By now, many of you have received information from residents along Oakland Avenue about the
sanitary sewer problems experienced during the 1993 flooding. I have also received extensive
correspondence. The purpose of this memorandum is to provide you with a brief update of our
work effort.
The Division of Engineering has contracted with Shive Hattery to investigate the sources of
stormwater getting into the sanitary sewer system, They will make recommendations for
prevention and prepare cost estimates. During the past week smoke testing of the sewers has
begun.
Our Community Development Division has also contacted FEMA to determine whether we may
wish to pursue an application for some possible funding to help finance the sanitary sewer
improvements in that particular neighborhood.
Attached is a copy of a letter sent to the neighborhood asking residents to inspect their homes
for roof drains and sump pumps connected to the sanitary sewer system. You may recall from
a brief survey we indicated that there may be 17 properties with roof drains directly into the
sanitary sewer system. The sewer systems are simply not designed to take that volume of water.
We will continue our work effort, and hopefully the study will be concluded by mid.summer so we
can make more formal recommendations.
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City of Iowa City
MEMORANDUM
Date:
April 14, 1994
To:
Jim Throgmorton
From:
City Manager
Re:
Soil Conservation Service
At the informal meeting you questioned the status of our communication with the Soil
Conservation Service was raised. We checked and evidently the SCS has finished a draft of a
memorandum concerning watershed management and it is being circulated amongst their staff
for review. They indicated we should have some idea of their conclusions in about two weeks.
We will continue to follow up.
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Chuck Schmadeke
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City of Iowa City
MEMORANDUM
Date: April 22/ 1994
To: City Council
From: Dale Helling, Assistant City Manager
Re: Americans with Disabilities Act - Community Compliance Efforts
Council recently directed staff to assume a lead role in promoting compliance with the
Americans with Disabilities Act (ADAl accessibility requirements by all businesses in the
community. In doing so, we will attempt to utilize the coalition created to formulate the
Department of Energy research grant proposal submitted by the Institute for Social and
Economic Development (lSED). This will hopefully ensure participation by representatives
from government, the business community, advocacy groups including persons with
disabilities, and other interested citizens. ISED has expressed an interest in our efforts and
has volunteered representation in the coalition.
You have identified several specific areas where our efforts should be directed. We will use
these as the basis for the agenda for the next coalition meeting and will include proposals
regarding how we might proceed, suggesting the following:
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1.' Send ADA information to every business in the community,
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A subcommittee could be created with the City taking the lead role in drafting and/or
assembling relevant information to be distributed. The entire subcommittee would
approve the final product before it is sent out.
2.
Public relations effort through local media.
I,
A subcommittee could be created to promote this with one or more advocacy groups
taking the lead.
3.
Reduced rates by contractors for making buildings accessible.
The City and the Chamber of Commerce could explore this option through contacts
with the local building trades people, ". .
4,
Create a window decal identifying a building as being accessible.
There is currently a window decal designating a building as being in compliance under
the Iowa Code. It might be possible to train a small group of volunteers to conduct
limited inspections for determining compliance for those buildings in which there is no
renovation or other activity which would otherwise require an inspection. This would
also require an effort to encourage business owners to display these decals.
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Produce a cable TV program explaining the ADA and promoting compliance.
We should begin by searching out what may have been done elsewhere that would be
relevant for this community. We could then supplement that with some local
production, if appropriate. This would seem to be a potentially more cost and time
efficient approach than simply starting from scratch. Our Cable TV office would work
with the advocacy groups to find out what exists and is available to us.
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6, Create some type of award to recognize compliance efforts.
This has been previously suggested by the Downtown Association and they would
probably be willing to work with a subcommittee of the coalition to make this happen.
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Provide information regarding availability of audits,
This information should be included in the materials sent to all businesses as indicated
in #1 above.
8, Set aside funds to assist businesses.
This is a policy issue for Council to decide. Perhaps some sort of assistance to small
businesses to obtain a compliance audit would be appropriate.
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There will undoubtedly be other suggestions from participants and from the community at
large. By making this a true community effort, rather than just a City government project, we
hope to attain a broader consensus on what efforts are most appropriate and desirable for
Iowa City.
In order for the City to successfully assume the lead role, it will be necessary to provide
increased staff support. We are exploring the possibility of employing an intern to work in the
City Manager's office to assist me in coordinating this effort.
It is my intention to get the coalition back together in the near future and to proceed as
indicated above. Previous coalition activities included representatives from Independent
Living, Inc., Advocates for an Accessible Environment, Hawkeye Advocates for Persons with
Disabilities, Johnson County Coalition for Persons with Disabilities, the National Federation
of the Blind, the Chamber of Commerce, the University of 'Iowa, ISED, and the City, along
with several individuals who volunteered their participation. These people will all be invited
to continue their participation. In addition, I will solicit representation from the Iowa City
Human Rights Commission.
Please let me know if you have any other suggestions.
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MEMORANDUM
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Date:
April 21/ 1994
To: .
Honorable Mayor Susan M. Horowitz and Members of the City Council
From:
Linda Newman Gentry, City Attorney
Re:
Update on "Plan of Action" for Cliffs Apartments on Dubuque Street, Iowa City,
Iowa
As you may recall, on July 2, 1993/ I forwarded a confidential memo to you/ setting forth a
"plan of action" recommended by City staff to deal with erosion and soils slippage problems
on the cliffs behind the Cliffs Apartments. Jim Glasgow/s original schedule for 1993 was to
begin in May 1993, and complete the retaining wall by August 1, 1993, Clearly the weather
prevented Jim Glasgow from completing the construction work last year,
Since more than a year has passed, I met with City staff today. Wednesday, April 20, 1994-
to gather information on a proposed, revised construction schedule for Jim Glasgow, and also
to discuss the City's expectations for this construction season. Rick Fosse, City Engineer;
Doug Boothroy, H&IS Director; and Ron Boose, Senior Building Inspector met with met and
I report the following:
1. The grading and erosion control plan submitted by Jim Glasgow and his engineering
firm of Van Winkle-Jacob Engineering, Inc. and approved by the City Engineer in 1993 is still
a valid plan. However, the City Engineer and I want to point out to the City Council that the
grading and erosion control plan does not answer the question of where the soil will
eventually reach its "natural angle of repose or stable slope angle." At this point. no one can
say when that time of repose will occur. As I mentioned to you last year, the City may
eventually want to hire a soils engineer, in order to determine the cliff soil/s "natural angle of
repose." In the meantime, we need to get the retaining wall constructed by Glasgow.
2. A grading permit was issued by H&IS last year to Jim Glasgow; and since Glasgow did
begin work last year, the grading permit is still valid because work was commenced within
the six-month period.
Ron Boose reports that he spoke with Jim Glasgow recently, and Jim is hiring a subcontractor
to help with the work (Steve Lenny). Lenny is supposed to be in contact with Ron Boose
soon.
3. Ron Boose also reports that Glasgow has, in fact, installed the footings for the first
section (40 feetl of the / great retaining wall.' This buttressed retaining wall wilt eventually
be :t 100 feet in length running along the toe of the slope, will be ten feet (10'1 high, and will
be composed of 12-inch thick poured concrete, reinforced with steel rod, see information from
Van Winkle.Jacob Engineering, Inc. and schematic diagrams, attached.
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4. We have revised the construction schedule for Jim Glasgow, see attached "revised
construction schedule - 1994." By way of separate letter, Ron Boose is informing Glasgow
and Van Winkle-Jacob of the new, revised 1994 construction schedule for the retaining wall.
5, Finally, as you can see from the attached schematic diagram, prepared by Chuck
Schmadeke and myself last year, the buttress walls will have to be placed into bedrock in
order to try and stop the "natural slippage of the soil," as indicated by the arrows, see
attached. As staff has expressed earlier, we expect this engineering plan, grading plan and
wall will stop the slippage of the soil - but only time will tell.
. . . . .
I trust this will be of some assistance to you, and please do not hesitate to contact me if you
have any questions. Also, feel free to contact Rick, Ron or Doug about the matter,
cc: Rick Fosse, City Engineer
Doug Boothroy, Director, H&IS
Ron Boose, Sr. Building Inspector
Anne Burnside, First Assistant, FYI
Chuck Schmadeke, Public Works Director, FYI
Steve Atkins, City Manager
Marian Karr, City Clerk
Cliffs Apartments File
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Attachments
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Van Winkle.Jacob Engineering, Inc.
1701 S. Riverside Drive
Iowa City, Iowa 52246 .
319.338.4939
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April 9, 1993
':
Mr. Denny Gannon, P.E, .
Iowa City Civic Center
410 E, Washington Street
Iowa City.. IA 52240
Re: Retaining Wall for the Cliffs Apartments
Dear Denny:
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I designed the 10 foot high retaining wall shown on the following three pages, This 10
. foot reinforced concrete crib wall will be placed at the base of the slope approximately 20
feet east of an existing concrete wall and will be keyed 12 Inches Into sound rock. The
remainder of the slope will then be flattened by using the top of the concrete wail as the
toe of the slope. .
If you have any questions please give me a call.
Sincerely,
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Van inkle.Jacob Engineering, Inc.
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FIBST SECTION (40' )-----HAy 15 m JUNE 1
CURE TIME, BACKFILL
WITH RIP RAP AND DIB,'1'-----JUHE 1 m JuNE 10
SECOND SECTION (40' )-----JUHE 10 '1'0 J1JH~. 24
CURE TDIE, BACKFILL
WI'l'H RIPRAP AND DIRT----JUHE 24 '1'0 JULY 3 '
FOUR'l'H OF JULY BBEAKlllll
'1'HIRD SECTION (40')-------JULY 6 TO JULY 21
CURE '1'IHE, BACKFILL
WI'l'H RIPRAP AND DIR'l'------JULY 22 '1'0 AUGUST 1
END
WEATHER PERMI'l'l'ING
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RE eEl V ED
APR 2 1 1994
CitY AnORNEY'S OFFICE ~&.
CITY OF IOWA CITY
April 20, 1994
Jim Glasgow
3291 Dubuque Street NE
Iowa City, IA 52240
Re: Cliffs Retaining Wall
Dear Jim:
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Due to the unusually large amount of rainfall last summer, you were unable to complete the
work authorized by Building Permit No. 93-0253; that is, to construct an engineered retaining
wall to the east of the Cliffs Apartments. The weather has been more cooperative this spring
and I see that you have made some progress with the footings. Since there are a number of
people very interested in seeing this project completed, we are once again requesting a
proposed construction schedule for the project. I have enclosed the schedule which is slightly
modified from the one which you submitted last year. Please let me know if you have any
objections to this timetable. If I do not hear from you I will assume that this schedule is
acceptable to you and will expect ,that you will adhere to it to the best of your ability and
control. Please remember that as a condition of the original permit, inspections must be
conducted by a registered civil engineer and copies of all reports forwarded to the Building
Inspection Division.
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Please contact me at 356.5122 if you have any questions or comments concerning this
notice.
Sincerely,
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Ron Boose
Sr. Building Inspector
cc: Linda Gentry, City Attorney /'
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FIRST SECTION (40') --- ~HAY 15 m .nJHB1
CURE TIME, BACKFILL
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SECOND SECTION (40')----JUNE 10 TO JURE 24
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WI'lH RIPRAP AND DIRT---JOHE 24 TO JULY 3 '
FOURrH OF JULY BREAK1111!
'lHIRD SECTION (40')-----JULY 6 'l'O JULY 21
CURE TIME, BACKFILL
WI'lH RIPRAP AND DIRT---JULY 22 TO AUGUST 1
END
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City of Iowa City
MEMORANDUM
Date: April 21, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Gentry, City Attorney
Re: A "How To" Memo on Requesting City Council Approval for Temporary Use of
Sidewalks/Public Right-of-Way in Order to Make Local Businesses Physically
Accessible to Persons with Disabilities
As agreed, City staff met March 3D, 1994, to discuss the ADA requirements, and how the City
could let the public know how to avail themselves of procedures needed to request use of
sidewalks to build access ramps for persons with disabilities, Attending this meeting were Anne
Burnside, First Assistant City Attorney; Doug Boothroy, Director of H&IS; Dale Helling, Assistant
City Manager; Chuck Schrnadeke, Public Works Director; and myself, City Attorney, Staff
agreed that I would prepare a "How To" memo, outlining the procedures for requesting approval
of a "temporary use of public right-of-way easement agreement" from the City Council.
Attached please find my draft outline, I am prepared to send the memo to the Dowf1town
Association and the Iowa City Chamber of Commerce, However, if you want wider distribution
of this memo, I suggest other City staff or Offices do the distribution - perhaps in conjunction
with a City brochure which the City Council discussed at your last meetings April 11-12, 1994.
,..:-'....
Finally, it is my recommendation that the City take a broader look at the downtown area, for
possible participation in a capital improvement project whose appearance would be more
aesthetically pleasing, be safer for the overall public use, and yet still provide the much-needed
physical access to local businesses by persons with disabilities,
If you have comments regarding the memo, please contact me, Otherwise, I will proceed with
distribution to the DTA and Chamber, as noted above.
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Attachment
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Chuck Schmadeke, Public Works Director
Anne Burnside, First Assistant City Attorney
Ron Boose, Senior Building Inspector
Doug Boothroy, Director, H&IS
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City of Iowa City
MEMORANDUM
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Date: April 21, 1994
To: Concerned Citizens and Businesses
From: Linda Newman Gentry, City Attorney
Re: How to Request City Council Approval for Use of Sidewalks or Public Right-of-
Way in Order to Make Businesses Physically Accessible to Persons with
Disabilities
At the City Council's request, I have prepared an outline of what local businesses and citizens
can do if they wish to ~se City sidewalks (which are public right-of-way) in order to make their
businesses physically accessible to persons with disabilities, As we all know, the U.S,
Congress passed the Americans with Disabilities Act (ADA) in 1990, with federal rules adopted
in 1991. This law became effective against all private entities and places of public accom-
modation in January 1992, While the City of Iowa City, as such, does not have regulatory or
enforcing authority over the ADA since the federal government has reserved that authority to
itself, the City Council is eager to encourage local businesses to work with the City in order to
make all "places of public accommodation" accessible to persons with disabilities, wherever
reasonably possible,
This memo is intended only as a "map" on how to deal with the City Council and City staff in
securing a "temporary easement for use of sidewalk/public right-of-way," and is not intended
to be a guarantee that the City Council will approve such an agreement. I have attached a
sample resolution and easement agreement, FYI.
A. Procedures for Requesting Use of Public Right-of.Way/Sidewalk
Temporary use of public right-of-way or sidewalk can only be granted, under Iowa law, by the
City Council. I have explained the law in layperson's terms in the second half of this memo.
Since the Council hires staff to review such requests, prior to being presented on the Council's
formal agenda, the following procedures should be followed:
1.
Send a letter requesting the City Council enter into a "Temporary Use of Public Right-of-
Way Easement Agreement" to the following staff:
Chuck Schmadeke, Director
Public Works Department
Civic Center
410 E. Washington
Iowa City, IA 52240
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2, The requesting letter should be accompanied by the following information and
documents:
a. Construction documents and/or a schematic diagram, showing the horizontal and
the vertical encroachment being proposed over, on top of or below the sidewalk
or public right-of-way.
b. State other reasonable altematives available to the property owner which could
be used to provide the accessibility ramp, in lieu of use of public sidewalk or
public right-of-way.
c. Materials to be used for the ramp or entrance facility.
d. Reason for the request, including unusual or unique facts about the proposed
remodeling or construction project; unusual or unique facts about the particular
sidewalk or right-of-way; or unusual physical surroundings or barriers to the
property.
e, The legal names and addresses of the property owners and applicants, including
spouses if married and ownership is held by an individual person or persons.
This is required because the easement must be notarized, since the easement
document will be recorded in the Johnson County Recorder's Office.
If the owner or applicant is a partnership, joint venture, corporation or some
other entity, the full name, address and persons authorized to sign for the entity
must be listed in the request - again because this document must be notarized
and in recordable form, for recordation in the Johnson County Recorder's Office.
3.
f. A legal description of the property (e,g., Lot 10, Original Town), plus a street
address of the property.
After review by Public Works/City Engineering, the application will be forwarded to the
City Attomey's Office for legal review of the easement documents - but only if Public
Works/Engineering finds that the ramp or encroachment is in the public interest and will
not constitute a hazard or public nuisance.
4.
The.applicant and property owner must first sign the easement agreement before staff
will place the matter on the City Council agenda.
If both Public Works and the City Attorney find the documents to be in order, Public
Works will place the easement request on the City Council agenda, to be approved by
resolution of the City Council. Agenda items must be completed and in the City
Attorney's Office by the Wednesday preceding the next regular or formal Tuesday
City Council meeting.
The City Council meets, at their regular meeting, every other Tuesday in the City
Council Chambers at the Civic Center, located at 410 E. Washington, Iowa City, Iowa,
beginning at 7:30 p.m. The City Clerk (Marian Karr) has a list of regular City Council
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meetings in her office, and also has a list of special meetings which the Council calls,
from time to time,
7, The agenda item will be printed in the formal agenda, and is available for public distri-
bution on the Friday preceding the Tuesday Council meeting,
8, If approved at the formal Tuesday City Council meeting, the City Clerk will have the
Mayor sign the document, and the Clerk will forward the easement agreement to the
Johnson County Recorder's Office for recording. The City Clerk also provides a xerox
copy of the returned, recorded easement document to the applicant or property owner,
and will also provide a copy of the returned, recorded document to Public Works-
Engineering, For disability access requests, the City will pay the recording costs,
In order to help local businesses and citizens understand the reasons behind these procedures,
I will attempt to explain this law, in layperson terms.
B. Iowa Law Governing Use of Public Right-of.Way/Sidewalks
1, ,Iowa law forbids orantinq permanent riqht-of-wav easement to private party,
Iowa common law forbids granting consent to, license or a permanent easement for
"encroachments" into the sidewalks or street right-of-way (r-o-w), A handrail, fence, canopy
or ramp on the sidewalk would be an "encroachment in the r-o-w" under Iowa law. This is
because the dedicated right-of-way is for the benefit of all the citizenry, not private individuals,
One Iowa court described this rule as follows:
"The public streets of a city are dedicated to public use and are subject to the
control and management of the city council; but that body has no power to alien
or otherwise encumber such streets as long as they are public streets, but must
hold them in trust for public uses only. The municipal corporation can grant no
easement or right therein not of a public nature, and the entire street must be
maintained for public use.... A permanent encroachment upon a public street for
a private purpose is a purpresture [enclosure by private party of area which
belongs to the public] and is in law a nuisance,..."
Lacv v, City of Oskaloosa, 143 Iowa 704, 711 (1909),
However, the City of Iowa City has previously granted temporary easements for use of public
right-of-way for sidewalks, windows, retaining walls and placement of utility transformers, but
only on the condition that the City always reserves the right to request removal of the
obstruction or encroachment [window, retaining wall, etc,], The City would have to have some
legitimate reason to request removal, and the property owner would be given ample notice, as
required by State law, 9364,12, Code of Iowa (1993),
For this reason, all applications for temporary use of public right-of-way must, by their very
nature under Iowa law, be handled on a "case-by-case" basis - meaning, each application will
be looked at, individually, based on the special facts and circumstances of each request.
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2. The temporarv r-o-w easement must be revocable. or subiectto beinQ revoked.
A city cannot authorize any use of its streets or sidewalks by a private person where that use
is inconsistent with the future legitimate use of the street or sidewalk by the public at large.
Thus, all such licenses, permits or easements are revocable, MCQUilLIN MUNICIPAL
CORPORATIONS, 930.52, page 350,
This means that the city must reserve the right to remove the encroachment (e.g. an access
ramp) at some date in the future if, for example the City needs the right-of-way to replace a
sidewalk or street or the right-of-way is needed for some other general public purpose, The
City must always reserve the right to remove the "encroachment" if it becomes a hazard or a
public nuisance.
3, State law requires cities to keep public riQht-of-wav free from nuisance.
State law, adopted by the Iowa legislature many years ago, requires that the City must keep
all public streets and sidewalks free from nuisance:
"A city shall keep all public grounds, streets, sidewalks, alleys, bridges, culverts,
overpasses, underpasses, grade crossing separations and approaches, public
ways, squares, and commons open, in repair, and free from nuisance,,,,"
Section 364,12(2), Code of Iowa (1993) (emphasis added),
This is why each application for a sidewalk easement must be reviewed, and approved, with
very particular circumstances in mind, so that the encroaching object does not become a
nuisance.
4, For all of the above reasons, the language inserted in each easement lets the property
owner know that the City does not have a right to grant a permanent use of sidewalk and
public right-of-way, in perpetuity, to a private party, but such easement grant must always
reserve the City's right to remove the encroachment. You will find this language in the attached
easement sample, which reads as follows:
"Owner acknowledges and agrees that no property right is conferred by this
grant of permission; that the City is not empowered to grant a permanent use of
its street right-of-way for private purposes; and that the City may order said
encroachment [e.g. landing, steps and handrail or ramp] removed at any lime if,
for an objective public purpose, the City Council determines that the property
upon which the encroaching structure [landing, steps, handrail or ramp] is
located is needed for public use and/or should be cleared of any or all
obstructions. "
See page 2, paragraph 6 of the allached easement sample.
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While this law and procedures may sound somewhat complex, the above outline is not difficult
if the applicant provides all the information to the City staff, when requested, City staff are
trained to process many, many requests, including temporary use of public right-of-way,
I trust this information will be helpful to you, and you may call the following City staff for
additional information:
Chuck Schmadeke, Public Works Director (356-5141)
Marian Karr, City Clerk (356-5041)
Dale Helling, Assistant City Manager (356-5013)
Ron Boose, Senior Building Inspector (356-5122)
City Attorney's Office (356-5030)
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RESOLUTION NO.
CONSIDER RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR
USE OF PUBLIC PROPERTY BY AND 8E1WEEN OLIN L LLOYD AND DWAINE R,
ANDERSON, AN IOWA GENERAL PARTNERSHIP, FOR THE PLACEMENT OF A
LANDING, STEPS, AND PROTECTIVE HANDRAIL ON THE EAST BLOOMINGTON
STREET RIGHT-OF-WAY.
WHEREAS, Olin L Lloyd and Dwaine R. Anderson, also known as Anderson and Lloyd, General
Partners, are owners of certain real estate located at 318 East Bloomington Street, Iowa City,
Iowa, hereafter 'Owners,"and legally described as follows:
The east thirty (30) feet of Lot Six (6) and the west forty (40) feet of Lot Seven (7),
Block Fifty-seven (57), Original Town of Iowa City, Iowa,
and
WHEREAS, Owner has leased the above-descrlbed property to Living Word Christian Fellowship;
and
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WHEREAS, Uvlng Word Christian Fellowship was required by City to provide a secondary access
to the existing building located on the above..cJescrlbed property; and
WHEREAS, Living Word Christian Fellowship constructed the secondary access on the south wall
of the building which abuts the north property line of Bloomington Street; and
WHEREAS, the floor of said building Is at an elevation:!: feet above the Bloomington Street right-
of-way; and in order to use the secondary access, It is necessary to construct a landing, steps,
and protective railing on City right-of-way; and
WHEREAS, Owner seeks City approval to locate the landing, steps, and protective railing on the
Bloomington Street right-of-way; and
WHEREAS, the Department of Public Works finds the location of the landing, steps, and
protective handrail to be a minimal Intrusion onto the public right-of-way, and also finds that traffic ! '
will not be materially Impeded; and .
WHEREAS, the City agrees to allow use of the Bloomington Street right-of-way as a valid public
purpose since secondary .access Is required by City regulations, the steps, landing and railing
are necessary to ensure safe use of this access, subject to the terms and conditions stated In
the attached Agreement for Use of Public Property,
NOW, THEREFORE, BE IT RESOLVED BY THE'CITY COUNCIL OF THE CITY OF IOWA CllY,
IOWA, THAT:
1. The Agreement for Use of Public Property attached hereto Is approved as to form and
content.
2. The Mayor Is authorized to execute and the City Clerk to attest the Agreement for Use of
Public Property for and on behalf of the City of Iowa City, '
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Resolution No.
Page 2
n was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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Courtney
Horowitz
Kubby
Larson ' '
McDonald
Novick
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Passed and approved this day of ,1990.
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MAYOR
AlTEST:
CITY CLERK
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AGREEMENT FOR USE OF PUBUC RIGHT-OF.WAY
This Agreement Is made by and between Olin L. Uoyd and Dwaine R. Anderson, also known as
Anderson and Uoyd, General Partners, hereinafter referred to as 'Owner,' and the City of Iowa
City, a municipal corporation, hereinafter referred to as "City.'
WHEREAS, Owner Is the fee owner of certain real estate located at318 East Bloomington Street,
Iowa City, Iowa, and legal~ described as follows:
The east thirty (30) feet of Lot Six (6) and the west forty (40) feet of Lot Seven (7),
Block Fifty-seven (57), Original Town of Iowa City, Iowa,
and
WHEREAS, Owner has leased the above-descrlbed property to Uvlng Word Christian Fellowship;
and
WHEREAS, Uvlng Word Chrlsllan Fellowship was required by City to provide a secondary access
to the existing building located on the above-descrlbed property; and
WHEREAS, Uvlng Word Christian Fellowship constructed the secondary access on the south wall
of the building which abuts the north property line of Bloomington Street; and
WHEREAS, the floor of said building Is at an elevation :1:3 feet above the Bloomington Str~et
right-of-way; and In order to use the secondary access, It Is necessary to construct a landing,
steps, and protective railing on City right-of-way; and
WHEREAS, Owner seeks City approval to locate the 'landing, steps, and protective railing
on the Bloomington Street right-of-way; and
WHEREAS, the Department of Public Works finds the location of the landing, steps, and '
protective handrail to be a minimal Intrusion onto the public right-of-way, and also finds that traffic
will not be materially Impeded; and ,
WHEREAS, the City agrees to allow use of the Bloomington Street right-of-way as a valid public
purpose since secondary access Is required by City regulations, and the steps, and landing and
railing are necessary to easure safe use of this access, subject to the terms and conditions
stated herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT
IS AGREED AS FOLLOWS:
1.
Owner shall be allowed to Install, operate, and maintain, for the exclusive use by the
current tenant, Uving Word Christian Fellowship, a landing, steps, and protective handrail '
on City property abutting 318 East Bloomington Slreet as shown on the attached sketch
and approved by the City Housing and Inspection Services Department.
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2, Owner agrees to remove the landing, steps, and protective handrail from the Bloomington'
Street right-of-way when anyone of the following events occurs:
A. Within 30 days after being ordered to do so by the City.
B. The use of the property changes and the. landing, steps, and protective handrail
are no longer required,
C. The current tenant, Uving Word Christian Fellowship, no longer occupies the
above-described property.
W Owner falls to remove the landing, steps, and handrail as required above, the City may
remove them and the cost thereof shall be assessed against the property in the manner
provided in Section 364.12(e), Iowa Code (1989),
3. Owner agrees to maintain the landing, steps, and handrail in good and reasonable repair
so as to minimize danger.
4. In the event the said landing, steps, and/or handrail are ever replaced for any reason,
Owner agrees to replace n, subject to the approval of the Public Works Department.
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5. Owner agrees to Indemnify, defend, and hold the City harmless in connection with any
liability whatsoever arising In regard to the Installation, maintenance, use, location, or
repair of said landing, steps, and handrail, including any liability which the City may Incur
as a result of Its decision to allow placement of said landing, steps, and handrail on the
Bloomington Street right-of-way. Owner Is required and agrees to carry liability insurance,
In minimum amounts of $500,QOO-$l ,000,000-$250,000 with contractual liability coverage
included as part of such Insurance, and shall furnish a copy of the policy, or a certlllcate
of insurance for same, satisfactory to the City. Owner agrees to maintain such Insurance
in force until the landing, steps, and handrail are remoyed from City property, and failure
to maintain such Insurance in force shall automatically terminate the grant of permission
contained herein. The parties agree that the City may require reasonable Increases In the
amount of coverage in order to provide comparable coverage protection in the future.
W the required Insurance Is nc;>t maintained, the City shall have the right to remove the
landing, steps, and handrail following five (5) working days prior written notice to the
owners of the property, Cost of such removal shall be assessed against the property In
the manner provided In Section 364,12(e), Code of Iowa (1989),
6, Owner acknowledges and agrees that no property right Is conferred by this grant of
permission; that the City Is not empowered to grant a permanent use of ns street rlght-of.
way for private purposes; and that the City may order said landing, steps, and handrail
removed at any time if, for any reason, the City Council determines that the property upon t
which the landing, steps, and handrail are located are needed for public use and/or
should be cleared of any or all obstructions.
7. This Agreement shall constitute a covenant running with the land, and shall be binding
upon and shall Inure to the benefrt of the respective heirs, successors In Interest, and
assigns of both parties, except as set forth In Paragraph 2 above.
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Dated this _ day of
CITY OF IOWA CITY
,1990,
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ANDERSON AND LLOYD,
A GENERAL PARTNERSHIP
PROPERTY OWNERS
By
Mayor
City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
~;;Bv
CIty Attorney'. OffIct
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On this day of ,19 ,before me,
, a Notary Public In and for the State of Iowa, personally appeared
John McDonald and Marian K. Karr"to me personally known, and, who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that
the seal affIXed to the foregoing Instrument Is the corporate seal of the corporation, and that the
Instrument was signed and sealed on behan of the corporation, by authority of Its City Council,
as contained In (Ordinance) (Resolution) No, passed (the Resolution adopted) by
the City Council, under Roll Call No. of the City Council on the day of
, , :19 ,and that John McDonald and Marian K. Karr acknowledged
the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed
of the corporation, by it voluntarily executed.
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JOHNSON COUNTY )
On this iL day of Dec€ III RtC ~ , 19~, before me the undersigned, a Notary Public
In and for the State of Iowa, personally appeared Olin L Uoyd, to me personally known, who
being by me duly sworn, did say that the person Is one of the partners of Anderson and Uoyd,
an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by
authority of the partners; and the partner acknowledged the execution of the Instrument to be
the voluntary act and deed of the partnership by it and by the partner voluntarily executed.
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MEMORANDUM
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Date: April 21, 1994
To: Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Gentry, City Attorney
Re: Confirmation of Employment; Two Assistant City Attorney I Positions
I am very pleased, and even proud, to announce that after two months of interviewing, and
re-interviewing some 35 attorneys, including third year law students, I have offered
emraloyment to two outstanding, bright, enthusiastic and energetic applicants - Sarah E.
Holecek and Thomas W, Herbert, who prefers to be called "Tom." I have decided to have a
combined "farewell to Marsha" and "welcome to Sarah and Tom" in June 1994, in the City
Attorney Offices. Stay tuned for further information. Unfortunately, Kim Hill is leaving during
the middle of May - at precisely the time Tom Herbert will be preparing for the Iowa State
Bar exam. Thus, the Office will say "farewell to Kim" more informally, with City staff.
Sarah Holecek is a University of Iowa graduate, and is being hired as an Assistant City
Attorney I, coming in at Step 3, Administrative Pay Plan Grade 28, because of her three
years' general practice and litigation experience. She will be hired with a beginning salary of
$34,465, and will be eligible for an across-the-board increase to $35,505 on July 1, 1994,
Sarah impressed me, as well as the second screening panel composed of Lieutenant Matt
Johnson, Karin Franklin, Anne Burnside and Rick Fosse, and also very much impressed the
final screening panel of Steve Atkins and Tom Scott. She is extremely bright, very
enthusiastic about her work, and very eager to be involved with the "creative lawyering" that
this Office does on a regular'basis for the City Council, as well as City staff and boards and
commissions. She has a good, well-rounded background in private practice, and has
considerable litigation skills - which this Office will put to good use, Indeed, with the
addition of Sarah, I see this Office being able to handle even more litigation, including some
condemnation if necessary. Sarah's primary assignment will be as the "land use attorney,"
and Karin Franklin is quite pleased with this assignment. Sarah is a team player, is well
organized, enjoys being a lawyer and enjoys her work. We hope you will join us in welcoming
Sarah.
T om Herbert's offer of employment is, of course, contingent on his graduation from Chicago-
Kent Law School, and also successfully passing the Iowa Bar June 13-15, 1994. Iowa is the
only state in the nation that has a "turnaround time" of two days for Bar admission exams,
so by Thursday, June 16, 1994, we will know if Tom has successfully passed the Bar. He
will then be sworn-in on Friday, June 17, 1994, Because Tom is a beginning attorney, I have
offered him employment at Step 1, Grade 28 of the Administrative Pay Plan for Assistant City
Attorney I, with a beginning salary of $30,971. Effective July 1, 1994, he will be eligible for
an across-the-board increase to $31,907,
Tom is currently finishing his third year of law school at the University of Iowa College of
Law, but will formally graduate in May 1994 from Chicago-Kent College of Law in Chicago,
Illinois. Fortunately for us, Tom chose to attend the University of Iowa Law School as a
visiting student, to complete his three-year study. Tom is very bright, very eager to work in
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the City Attorney's Office and participate in the many exciting tasks we perform, has a good
sense of humor, is calm and composed and was very much liked by me, as well as both
screening panels. He comes from a small town in Texas, his mother was a lawyer (so he
knows what he's getting intol and he most impressed me with the fact that he attended his
second year of law school in Chicago, while working full-time at a challenging job. So while
Tom has not yet passed the Iowa Bar (scheduled for June 13~ 15, 1994, with swearing-in
ceremony for Friday, June 17, 19941, Tom's ability to juggle a challenging, full-time job as
well as attend law school tells me, in a nutshell, that he will be able to work in the highly
charged atmosphere of the City Attorney's Office. As you know, this Office "practices law
in a fishbowl," as well as carries a tremendously heavy workload. I believe Tom has the
abilities to not only do the work well, but enjoy it and make others also enjoy their work with
this Office. I will be assigning Tom primarily to property acquisition and magistrate's court,
plus other certain assigned duties.
I am still considering "spreading magistrate court around" among the three attorneys, as I did
when I was an Assistant City Attorney in 1979-82. Each attorney would do magistrate's
court for one month, rotating among three attorneys. However, for now, with Tom being
"fresh out of law school," I will probably assign Tom full-time to magistrate's court - so that
he can learn his way around the courthouse.
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Sarah will be joining this Office on Monday, May 23, 1994, Since Kim Hill will be gone, she -I
will take over magistrate's court until Tom joins us in the Office on Wednesday, June 22,
1994. This will enable some overlap for Marsha Bormann to train Sarah Holecek in the land
use area, and Tom has agreed to come in the second week of May to be trained by Kim Hill
in magistrate's court, and some of the rudiments of property acquisition. I am very pleased
that there will be some "overlap and training time" for these two attorneys, which is a rare
opportunity indeed. I can still recall the days when I was the only attorney in this Office in
the first five months of 1990, so I certainly appreciate your willingness and support in
providing me with additional staff.
The two attorneys will be placed on a six-month probationary period, will each have their own
office, and will each be responsible for certain assigned duties. However, I am going to
realign the assignments, and will be forwarding those" areas of responsibility and assignment"
to you some time this summer - after things "settle down."
Again, thank you for your support in helping me run my Office in a more efficient manner.
I truly do appreciate itl
cc: Department/Division Heads
Bette Meisel, Senior Center
Ron O'Neil, Airport Manager
Lolly Eggers, Library Director
Steve Atkins, City Manager
Marian Karr, City Clerk
Dale Helling, Assistant City Manager
City Attorney Office Staff
Tom Herbert
Sarah Holecek
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City of Iowa City
MEMORANDUM
Date: April 19, 1994
To: Mayor and City Council &-
j From: Marian K, Karr, City Clerk ~
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Re: ' Absence
I will be out of the office May 20-27 attending the International Institute of Municipal Clerks
(IIMC) annual conference, Deputy Clerk Sue Walsh will be attending the work session and
formal meetings of May 23 and 24.
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City of Iowa City
MEMORANDUM
Date: April 22, 1994
To: City Council
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From: Karin Franklin, Director, Dept. of Planning & Communi
Re: IOWA CITY: BEYOND 2000..Task Forces
Attached are revised lists for the nine task forces that will be addressing Iowa City's future. The
revisions reflect the discussion of the Council on April 11 and one change on the Economic Well.
Being task force due to the residency requirement. A number of the task forces began their work
this week and have scheduled subsequent meetings. The facilitators report good experiences
with enthusiastic participation by the group members. We will keep you apprised of this effort as
the project proceeds.
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ARTS, CULTURE & HUMAN DEVELOPMENT
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Facilitator. Susan Craig
Peggy Doerge .
Harold 'Engen .
Clark Houghton.
Jody Hovland .
Mike Huber.
Christine K. Pacek .
Cheryl J. Schlote .
Eldon Snyder.
Charles T. Traw .
19 Wakefield Court 52240
3029 Cornell 52245
920 River Street 52246
1429 Glendale Road 52245 '
62 Jensen Court 52240
2049 Tanglewood Place 52245
2713 E. Court Street 52245
1282 Oakes Drive 52245
411 MacBride Drive 52246
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Vicki Lensing.
Derek Maurer -
Mary New.
Lynn E. Rowat '
Loren Schmitt-
Mark Smith.
Tom Werderitsch .
Cheryl Whitney.
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ECONOMIC WELL-BEING
Facilitator - Stephen Atkins
1109 Prairie du Chien
2408 Mayfield Rd.
328 South Governor Street
212 Ferson Avenue
217 Post Road
1220 Village Road, Unit 14
205 North Westminster
3 Evergreen Place
325 Ferson
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ENVIRONMENTAL PROTECTION
Facilitator. Monica Moen
Kerry M. Fitzpatrick.
Michael Garvin.
Marc Libants .
Gertrude MacQueen.
Mark Phillips.
Nancy Seiberling .
Frieda Shannon.
Robert M. Sierk .
Ron Vogel.
132 Penfro Drive
824 E. College Street
225 E. Washington Street
454 Lexington Ave.
1165 Oakes Drive
209 Black Springs Circle
112 S. Summit Street
1043 Glendale Road
307 Third Avenue
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First meeting: Wednesday, April 20, 7:00 P.M., City Manager's Conference Room
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Paula Brandt.
Robert C. Carlson.
Jason Chen.
Carolyn Corbin.
Susan Dulek .
Charles Eastham.
Mark F. Kamps.
Betty Kelly .
Eric A. Nilausen .
4/22/94
HOUSING
Facilitator. Marianne Milkman
824 N. Gilbert Street
1122 Penkridge Drive
1182 E. Court Street
712 N. Gilbert Street
201 S. Lowell
1152 E. Court
16 Galway Place
1108 Sunset Street
1813 Morningside Drive
First meeting: Tuesday, April 19, 7:00 P.M., Senior Center Classroom
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LAND USE AND URBAN PATTERN
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John S. Casko .
Gertrud Champe .
Casey Cook.
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Steven L. Droll .
Nancy Ostrognai .
Douglas S. Russell .
Robert J. Saunders.
Dee Vanderhoef.
Facilitator. Karin Franklin
8 Triangle Place
415 Wood ridge Avenue
521 Melrose Avenue
1 Oak Park Court
3312 Arbor Drive
2917 Sweet Briar
722 North Lucas
320 E. Fairchild
2403 Tudor Drive
First meeting: Wednesday, April 27, 7:00 P.M., City Manager's Conference Room
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PARKS, RECREATION & OPEN SPACE
Eric L. Engh -
Richard Hoppin -
Kevin Houlahan .
Jean Kistler Kendall .
Deb Liddell .
Dee W. Norton.
Janelle R. Rettig.
Maris Snider.
Bill Snider -
Facilitator. Terry Trueblood
881 Park Place
426 Lee Street
1020 Tower Court
2585 Bluffwood Lane
2608 E. Court Street
920 Ginter Avenue
3013 Cornell Avenue
300 Melrose Court
300 Melrose Court
First meeting: Monday, April 25, 7:00 P.M., Recreation Center Room B
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4/22/94
PUBLIC SAFETY
Facilitator. Chief R.J. Winkelhake
James R. Berry .
Richard Blum.
Ann Bovbjerg .
Anna Buss .
Margery Hoppin .
Mitchell F. Jones -
Terrence L. Neuzil .
Gregory M. Smith.
Steven L. Stimmel .
2669 Hickory Trail 52245
2041 Rochester Court 52245
171 0 Ridge Road 52245
525 W. Benton Street 52246
426 Lee Street 52246
212 Raven Street 52245
2520 Mayfield Road 52245
1326 Santa Fe Drive 52240
204 N. Mt. Vernon Drive 52245
First meeting: Thursday, April 28, 7:00 P.M" Lobby Conference Room
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SOCIAL SERVICES
Facilitator. Marge Penney
1020 Ronalds Street
824 N. Gilbert Street
224 N. Lucas
1412 Prairie du Chien
920 Ginter Avenue
805 Second Avenue
342 Finkbine Lane
1024 Woodlawn
514 Stuart Court
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Lowell Brandt.
Barbara Curtin.
Jay Mendenhall .
Carrie Norton .
Jennifer Olson.
Patrick C. Peters.
Jim Swaim.
Linda A, Whitaker.
4/2U94
First meeting: Thursday, April 21, 7:00 P.M., City Manager's Conference Room
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4/22/94
TRANSPORTATION
Facilitator. Jeff Davidson
302 S. Gilbert, #1216
2721 Muscatine Ave. Apt. B
1039 E. College Street
2407 Crestview Avenue
242 Ferson Avenue
521 Clark Street
220 N. Lucas
714 Ronalds
820 Spencer Drive
First meeting: Tuesday, April 19, 7:00 P.M., City Manager's Conference Room
Tim M. Clancy.
Linda Heneghan -
Dei Holland -
Howard Horan -
Catherine Johnson.
Gregory Kovaciny .
Brian McClatchey -
Liz Miller.
Frederic W. Yocum, Jr. -
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City of Iowa, City
MEMORANDUM
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Date: April 21, 1994
To: City council!' ' ,)~
From:
Re: Staff changes--Senior Planner
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Monica Moen has submitted her resignation and will be leaving us to pursue a law degree from
the University of Iowa. Monica's last day will be May 6. We will be having a reception for her
in the Civic Center Lobby Conference Room on May 6, from 1 :OOPM to 4:00PM. The Council is
cordially invited and will be receiving invitations next week.
The Senior Planner position is being advertised nationally. We also expect to have qualified
internal applicants. The position should be filled by July 1.
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cc Monica Moen
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City of Iowa City
MEMORA'NDUM
April 20, 1994
. 1
Douglas Boothroy, Director, D partment
Steve Atkins
Re: Public Housing Development
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sing & I spection Services
We have moved to the next major development step for the 33 units of new construction
public housing. We have secured the options to buy sites, completed site appraisals,
conducted soil tests, completed detailed site plans, prepared architectural drawings using the
financial and design restrictions of the Department of Housing and Urban Development, and '
have completed the necessary paperwork for the Proposal and Design Phase. All of this
information was submitted to HUD on April 20 as a prerequisite to approval to purchase the
sites.
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The effort now will be toward the bidding of the two projects which will occur this fall. HUD
should approve our construction documents by the end of August and bid letting will follow.
Council will have an opportunity to review the bid documents a'nd award the construction
contracts.
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IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356.5045
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MEMO
DATE: April 19, 1994
TO: Iowa City City council
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FROM: Ron 0 I Neil, Airport Manager Jo""" 0 ,
RE: Airport hangar building
As was discussed briefly at the council/Commission budget meeting
on February 10, 1994, there is a need for additional aircraft
hangar space at the Airport. There has been a waiting list for
hangars for the past several years. In addition to the waiting
list compiled by Iowa city Flying Service, several other people
have contacted the Airport with a strong interest in leasing hangar
space.
Several of the people wanting a hangar own aircraft hangared at
other airports and would like to relocate to Iowa city. Others
anticipate purchasing an aircraft in the near future, but are
waiting for hangar space to become available. There are a growing
number of people building their own aircraft. At a recent
Commission meeting, a local Experimental Aircraft Association (EAA)
member told the Commission that there are eight to ten EAA members
in the Iowa City area that are completing construction of their
aircraft and will be needing hangar space in the near future.
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I have contacted several contractors and received estimates for,
constructing a new hangar building, using these proposals and
manuals for estimating average construction costs for similar
buildings, City Architect Jim Schoenfelder provided a cost estimate
for several different types of hangar buildings (see attached), The
different types include:
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1- Ten T-hangars with 42 foot doors.
2, Ten T-hangars with 45 foot doors,
3. Eight T-hangars with 42 foot doors and one corporate hangar
with a 52 foot door.
4. Eight T-hangars with 45 foot doors and one corporate hangar
with a 52 foot door,
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for aircraft storage. The majority of the single engine aircraft
that utilize the Airport could be accommodated by hangars with 42
foot doors. One current Airport corporate tenant has indicated his
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company may purchase a different aircraft in the near future and
would require a larger hangar than is now available.
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In addition to a need for more hangar space, there is also a need
for storage of airport maintenance equipment. There is equipment
now being stored outside that could be stored in one of the
hangars. But if the building is constructed, the first priority is
to use it for aircraft storage.
I have discussed financing options with Finance Director Yucuis.
Funding for the project could be through revenue bonding or through
an internal departmental loan, Favorable bids should allow
construction of the proj ect for $ 200,000 or less, The annual
income from the building would depend on the configuration of the
hangars. The T-hangars would rent from $ 120 to $ 125 per month.
If a corporate hangar is included, it would rent for about $ 300 a
month without office space, $ 350 a month with office space.
Annual income would range from $ 14,400 to $ 16,200, depending on
the size and type of hangars.
The Airport annual operations budget would not change significantly
with the additional financing for this building. currently,
$ 23,000 per year is budgeted to pay for bonds for the corporate
hangar built in 1986. There is one year left to complete payment
on that bonding, The annual amount required for a new building
would be equal to or less than the current bond allocation.
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There would be some additional income from having nine to ten more
based aircraft. A $ .04 per gallon flowage fee is paid to the
Commission for all fuel sold at the Airport, This is an airport
users fee. The additional aircraft would result in increased fuel
sales and revenue for the Airport.
Additional hangars may attract more business to the Airport, Two
years ago, the Commission had a request from a business to locate
a flight training school at the Airport. The request had to be
rejected because there was no office or hangar space available.
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state and federal grant programs use the number of based aircraft
as one of the criteria in determining priorities for grant
allocations, Additional based aircraft at Iowa city would be a
positive factor when applying for state and federal grants,
There are two or three locations at the Airport to site the hangar
building. A location south of either of the corporate hangars
would be suitable and require the least site preparation. The
complexity of the building will have some impact on the cost. If
an office is included for a corporate hangar, water and sewer will
be required. All these factors will provide some flexibility in
adjusting the final costs after the building has been bid.
This is an opportunity to furnish a' needed service to the
community, provide additional income and increase the utility of
the Airport.
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IOWA CITY AIRPORT
, HANGAR CONSTRUCTION COSTS
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9T-52/45
10T" 4-<? 10T-45 9T.52/42 Office
HIGH LOW HIGH LOW HIGH LOW HIGH LOW
$ $ $ $ $ $ $ $
I. HANGAR
SHELL 120,700 111,000 151,900 139,800 125,000 115,000 155,500 143,000
FLOOR 32,100 29,500 40,350 37,125 32,100 29,500 40,350 37,125
ELECTRIC 6,600 6,000 8,400 7,700 6,600 6,000 8,700 8,000
PLUMBING 0 0 0 0 0 0 2,170 2,000
HVAC 0 0 0 0 0 0 2,850 2,600
II. SITE
DEVELOP 800 600 900 700 800 600 900 700
APRON 18,500 17,000 20,100 18,500 18,500 17,000 20,100 18,500
III. CO NT. 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000
IV. DESIGN
AlE 16,000 8,000 20,000 10,200 16,500 8,400 20,750 10,600
ADMIN 2,500 2,100 3,400 3,000 2,800 2,500 3,500 3,200
TOTAL 207,200 184,200 255,050 227,025 213,300 189,000 264,820 235,725
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RESOLUTION NO. R-039
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND' THE
SECRETARY TO ATTEST TO ENDORSE A PROJECT TO CONSTRUCT
ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT.
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WHEREAS, it is the intent of the Iowa city Airport commission to
accommodate the aviation users and aircraft owners at the Iowa city
Municipal Airport; and,
WHEREAS, there have been an increasing number of requests from
aircraft owners to provide additional hangar space at the Airport;
and,
WHEREAS, additional hangar space would be a capital asset to the
Airport by increasing revenue for the Airport commission and
increasing the number of based aircraft at the Iowa city Municipal
Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY, IOWA, that the Chairperson is hereby authorized
to sign and the secretary to attest to a resolution endorsing
construction of additional hangar space at the Iowa city Municipal ,
Airport.
It was moved by Hnl'Hn and seconded by Foster the
Resolution be adopted, and upon roll call there were:
AYES
NAYS ABSENT
Blum
Horan
XX Hicks
Ockenfels
Foster
19 day of April , 1994.
XX
XX
xx
xx
Passed and approved this
Approved by:
City Attorney's Off~
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Office of the
Johnson County Attorney
Clvll.Juvenlle
Anno M, Lahay
John Bulkl,y
Deborah Farmar Minol
Criminal
Johnson County Courthouse' 417 South Clinton Street. P,O, Box 2450 . Iowa Clty.IA 52244
Phone (319) 339.6100' Fax (319) 339.6149
OavldV. Tiffanv
Rod Rayno~.
Unda M, Paulson
JanelM,Lyness
RlchaldO,Waslphal
Teresa A, Yens
J. Patrick While
County Attorney
Child Support
April 15, 1994
Carol A. Turner
1-(319)362,8845
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stephen J. Atkins
City Manager
city of Iowa city
410 East Washington street
Idwa city, Iowa 52240-1826
Re: Mormon Trek traffic signal
Dear steve:
I have assumed, frankly, that my correspondence to lOOT
and its replies regarding signalization at Highway 1 and Mormon
Trek would go in a circle and bring us back to the point where
the city and the county would have to decide how much, if any,
to contribute.
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At least so far, the county has not been persuaded to
participate financially.
I will schedule a report and discussion item with the
Board on either the 21st or 28th to see if there is any change
in that view and to try to assess the Board's position on
annexation.
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I certainly agree that some joint traffic planning would
be helpful. Perhaps the next city-county meeting could discuss
iL. Better yet, periooic joint land-use and traffic staff
meetings would be helpful--perhaps accompanied by joint zoning
board meetings, Having the fringe-area committee spend some
traffic-planning time is another possibility--whether or not we
ever get the agreement updated,
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In any event, thanks for letting me know your plans, I'll
get back to you.
SQ;
J, Patrick White
Johnson County Attorney
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steve Lacina
Doug Frederick
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WASHINGTON,D,C, 20510
March 31, 1994
Mr, Dale A, Yocom
402 E. Davenport Street
Iowa City, Iowa 52245
Dear Mr, Yocom:
Thank you for your postcard regarding health care reform, I am
glad to have the benefit of your views,
I appreciate your comments about the reform of our health care
system, Your comments will be very helpful to me as we proceed
with this massive project.
Now that President and Mrs, Clinton have unveiled their plan to
overhaul our health care ~ystem, the debate on reform has a new,
and clearer, focus. The President and Mrs, Clinton are to be
congratulated for making health care reform a high priority, I
believe that the Clintons have it right by insisting that we
provide universal access to health care for all our citizens,
They also have it right in insisting that we must get cost
inflation in health care under control. I support, and have
supported, these principles.
But the Clinton plan is very complex. That in and of itself is
not negative because all plans are, of necessity, complex. It
calls for a massive overhaul of our health care system, It is
obvious that the changes it envisions would touch every Iowan.
The consequences of these changes are not yet completely clear,
and probably will not be clear until after we have had the
opportunity for extended public debate about the fin~l proposal.
After studying the information available about the plan so far,
and participating in a hearing of the Committee on Finance with
the First Lady, I do have a number of serious concerns
about what the President and First Lady are proposing. Although
I support the same basic principles they support, I am convinced
that health care system reform is much too important for our
country, for Iowa, and for every Iowan, not to speak frankly
about the Clinton plan's shortcomings. And I would be less than
candid if I did not tell you that I find many aspects of the
Clinton plan, as it is presently drafted, troubling.
The most fundamental problem is that the Administration is
proposing what amounts to a government take-over of the health
care system, At $900+ billion in spending this year, this
amounts to government management of 14 percent of our national
economy.
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March 31, 1994
Page 2
This is evident in the role of the new governmental or quasi-
governmental organizations proposed in the plan. They would have
enormous power, The proposed seven person National Board could
set glob~l budgets which, if invoked, could cap the amount of
money which could be spent in Iowa on health care. I comment
further on global budgets below,
In the event that the Board determines that a State is not
complying satisfactorily with federal health care reform
requirements, the Secretary of the Treasury could impose a
payroll tax on every employer in the State and the Federal
Government cou~d take over the State's health care system,
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The regional Health Alliances would have unprecedented powers
over the health care system at the local and state levels, In
many states, these entities would control more money than the
Governor and State Legislature control in the State's budget,
Decisions made by these organizations could have effects, among
other things, on a State's economic development, on cross-border
economic transactions, and on recruitment 'and retention of health
care workers (now a problem in many parts of Iowa),
At the present time, the plan appears to be underfunded.
Substantial new benefits are promised through the standard
benefit package, through a new prescription drug program for
Medicare, through a new long term care program, and through a
federal takeover of the retiree health obligations of the big
corporations, At the same time, however, much of the money to
pay for these benefits would come from big, new, reductions in
currently anticipated Medicare and Medicaid spending. Many
observers do not believe that cuts of the magnitude proposed ---
$124 billion from Medicare and $114 billion from Medicaid between
1994 and 2000 ---are possible, And, even though very large
economies can be realized through more efficient delivery of
health care, many experts do not believe that savings of the
magnitude anticipated by the Administration can be realized, at
least not as quickly as they assume, If the program is indeed
substantially underfunded, we need to know how much more money
will be needed and from where it will come,
ID
I am concerned about the potential impact on small business and
jobs the plan might have. Although the Administration asserts
that job losses would be minimal, private groups put the job loss
at from 200,000 to 3.1 million jobs. Given that Iowa's is a
small business economy, the effect on small business must be a
major concern. And, if the plan is underfunded, would any big,
new revenues needed have to come from business, including the
small business community?
I have already noted that much of the funding for the plan would
come from substantial reauctions in currently anticipated
Medicare spending. Medicure is ~ne of the largest health care
insurers in:,ur State, Ma'ny hospitals and physician practices
are completely dependent on Medicare, How would such reductions
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March 31, 1994
Page 3
affect their ability to continue to provide health care? I think
it is important to understand very clearly how the Medicare
program will be affected before we launch any health care reform.
I am concerned about how the rural communities in our State would
fare under this plan, I believe that the Clintons, being from
Arkansas, do understand the health care problems of rural
communities. I am pleased that the plan itself seems designed to
address some of these problems. However, our experience in Iowa
with government reimbursement for' programs such as Medicare and
Medicaid has not been good. T~erefore, I think it is important
to be cautious about the effects on our rural communities of a
plan which calls for so much federal government involvement,
I am concerned about the proposal to invoke global budgets in the
event the Health Alliances in a state over-spend on health care,
Global budgets are a type of price control which could have very
negative effects on the way health care is provided, The global
budget allocated to Iowa and its Health Alliance or Alliances
would almost certainly be unfair compared to the budgets of many
other states. As I noted earlier, that has just been our
experience with federal health care programs.
I am also concerned about whether the organized delivery systems,
which would come into being under the reform plan, might begin to
ration care, These health care organizations would be under very
great pressure to contain costs. That is good, up to a point.
And that point is when service availability or quality begins to
suffer, Many experts believe that this would not be a problem
under a system of the sort being proposed by the Administration.
Or, they believe that any reductions in service would occur only
in unnecessary or duplicative services, or in minor
inconveniences such as sligh71y longer waiting times for service,
I hope that they are right. In my opinion, however, we need to
ha~e a very high level of confidence that they are,
Also related to the organized health care plans is the question
of physician autonomy, Although physician autonomy, together
with fee-for-service medicine, and third party payment, is
thought by many experts to be a big part of the problem of rising
health care costs, physician autonomy also enables them to
fulfill the physicians' primary duty. That is to act as the
patient's advocate. If physicians become employees, or near-
employees in organized health care plans, or face powerful
economic incentives to limit care from the organized care plans
in which they participate, it may become difficult for them to
continue as patient advocates. It is also not clear that
patients will be able to continue to see the doctors they
currently have, or to choose the doctor of their choice, in the
system proposed by President Clinton.
There are still other concerns which could be raised about the
draft Clinton plan, Both the medical malpractice reform and the
anti-trust reforms proposed, for instance, are much weaker than
what is needed, 10""
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Page 4
Fortunately, the Administration, the congressional leadership,
and most Members of Congress have clearly indicated a willingness
to work together to make reform of our health care system a
reality. Together we will address some of the problems I have
described above. To me, this is very encouraging.
Over the past two years, I have been actively involved with the
Senate Republican Task Force on Health Care Reform, and l~t year
co-sponsored the Chafee Health Care System Reform bill. I also
held two major health care reform conferences in Iowa, in Des
Moines and in Sioux City. I wi~l continue to be involved in this
issue.
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Over the coming months, I will be talking and listening carefully
to Iowans to learn how they feel they ,would be affected by the
Clinton plan. I will also be trying to help here in Washington,
through my positions on the Committees of Finance, Budget,
Judiciary, and Special Aging, craft a plan that works for all our
c~tizens. We have plenty of ideas in many different
comprehensive responsible alternatives to accomplish this goal in
cooperation with the White House. Your views will be important
to me as we go forward. Together, I hope we can do it right.
Please keep in touch. I always appreciate hearing the views and
opinions of the people back home.
Srfj
Charles E. Grassley
united States Ser.ator
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To: IOWA CITY CLERK
From: jo hogarty
4-18-94 8:49am p, 2 of 3
JlIhn511n Count)'
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BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
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April 19, 1994
INFORMAL MEETING
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CaIl (0 order following the canvass meeting.
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2. Review of the informal minutes of April 12th recessed to April 14th and~r,he
formal minutes of Aprill4lh.
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3. Business from thc County Engincer.
a) Discussion re: Ictting resulls for asphalt resurfacing projccts.
b) Discussion re: right-of-way for project L-U-2S- 1.
c) Othcr
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a) Discussion rc: Town Contracts for scrvice.
b) Other
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a) Discussion rc: cash flow analysis for March.
b) Other
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913 SOUTII DUBUQUE:IT.
P.O. BOX 1350 IOWA CITY, IOWA 52244,1350
TEL: (319) 356,6000 FAX: (319) 356,6086
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To: IOWA CITY CLERK
From: jo hcgarty
4-18-94 8:48am p, 3 of 3
Agenda 4-19-94
6. Business from the Board of Supervisors.
Page 2
a) Recognition of Sgt. Richard Svatos and Officer David Droll for receiving
"Certification of Commendation" at the While House.
b) Discussion re: Well,Abandonmcnt and W cll Testing funds.
c) Discussion re: boards and commissions.
d) Reports
c) Olhcr
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7. Discussion from the public.
8. Recess,
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To: IOh\\ CITY CLERK
From: jo hogarty
4-18-94 8:58am p, 2 of 1
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Jllhn511n ClIun.,'
\ IOWA 1
BOARD OF SUPERVISORS
Stephen P. Lacina, Chll11'person
Joe Bolkcom
Charles D. Duffy
Patricia A. Meadc
Don Sehr
April 19. 1994
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Canvass of votes for Johnson County Board of Supervisors and Coralville City
Council special elections.
3. Adjoutnment.
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913 SOUTIl DUBUQUE sr.
FAX: (319)356,6086 10' 7
P.O, BOX 1350 IOWA CITY, IOWA 52244,1350
TEL: (319) 356'6000
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To: ~OWA CITV CLERK
From: jo hcgarty
4-20-94 10:27a~ p, 2 of 4
Juhn511n Cllunty
\ IOWA 1
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairpcrson
Joe Bolkcom
Charles D. Duffy
Patricia A, Meade
Don Sehr
April 21. 1994
FORMAL MEETING
Agenda
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1. CaIl to order 9:00 a.m.
2. Action re: claims
3. Action re: minutes
4. Action re: payroll authorizations
S. Business from the County Auditor.
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a) Action re: permits
b) Action re: reports
c) Other
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Busincss from the Assistant Zoning Adminislrator.
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a) Final considcration of application Z9407 of Stanck Eslatc.
b) Final consideration of application Z9408 of Brian Joncs.
c) Final considcration of application Z9411 of Edwin and Ada Miller.
d) Final considcration of application Z9412 of Thomas Aubrechl.
c) Final consideration of application Z9413 of Eugenc Charbon.
n Final considcration of application Z9414 of Drcw and Hcathcr Shocmaker.
g) Other
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913 S0U111 DUBUQUE sr,
P,Q. BOX 1350
IOWA CITY, IOWA 52244'1350
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To: iOWA CITV CLERK
From: jo hcgarly
4-28-94 18:27a~ p, 3 of 4
Agenda 4-21-94
7. Business from the Planning Assistant.
Page 2
a) Discussion/action re: the following Plaiting requesl:
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1. Application S9412 of Edwin Ray Miller rcquesting prcliminary
and final plat approval of Edwin's Subdivision, a subdivision
located in the NE 1/4 of the NW 1/4 of Section 24: Township 78
North: Range 8 of the 5th P.M. in Johnson County, Iowa (This is
a I-lot, 20.28 acre, residential with two non-buildable agricullural
lots subdivision, located on the south side of S20th Slreet SW,
approximalely 3/8 of a mile cast ofthc intersection of 520th Strcet
SW and Cosgrove Road SW in Washington Twp).
b) Other
8. Business from the County Attorney.
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a) Report re:
othcr itcms.
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9. Busincss from lhe Board of Supervisors.
a) Motion approving Town Contracts for law enforcemenl a~d authorize
chairperson to sign.
b) Action re: requesting state a transfer of $1,121.91 from Well Testing funds to
Well Abandonmenl funds.
c) Motion approving bid of L. L. Pclling Company. Inc. in the amount of
i~:~j $685,778.48 for 9.55 miles of asphall rcsurfacing and authorize chairperson
\'
r\ (0 sign contract and bond.
, \ d) Discussion/action rc: appointmenls to the Johnson County Task Force of
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the Heritage Area Agency on Aging.
" e) Action re: Mcdicaid Homc and Community Bascd Paymcnt Agrccment
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, , (HCBS waivcrs) for clicnt #12971181.
Q Other
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Adjourn to informal meeting,
a)
b)
Rcpor1/discussion rc: traffic signal on Highway I at Mormon Trck.
Inquiries and reports from the public.
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To: IOWA CITY CLERK
From: jo hngarty
4-2D-94 1D:l7a~ p. 4 of 4
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Agenda 4-21-94 Page 3
c) Reports and inquires from the mcmbers of thc Board of Supervisors.
d) Report from the County Allomey.
e) Othcr
11. Adjournment.
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To: IOWA CITY CLERK
From: jo hogarty
4-25-94 2:15pm p. 2 of 3
Juhn5un ClIunty
_ \ IOWA 1
BOARD OF SUPERVISORS
Stephcn p, La9ina, Chatrperson
Joe Bolkcom
Charles 0, Duffy
Patricia A. Meadc
Don Schr
Agenda
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April 26. 1994
INFORMAL MEETING
1.
Call to ordcr 9:00 a.m.
2.
Review of thc informal minutes of April 19th recessed 10 April 21st and the
formal minutes of April 21st.
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3.
Business from Cheryl Whitney, Area Administrator for Department of Human
Services re: phone system for 911 North Governor StreeVdiscussion.
4.
Busincss from thc County Engincer.
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a) Discussion re: 1995 experimcntal calcium chloridc program.
b) Discussion rc: truck bids.
c) Discussion re: detour agrcement with Iowa Deparlmcnt of Transportation
south ofTiffin.
d) Othcr
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5, Busincss from Bob Jackson, Executive Director of Mid-Eastern Iowa
Community Mental Health Ccnter.
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a) Discussion rc: grant proposal for Projcct Target.
b) Mcdicaid Menial Hcallh carvcouVupdate/discussion.
c) Olhcr
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913 SOUTH DUIlUQUE sr.
P.O. BOX 1350
IOWA crlY, IOWA 52244,1350
TEL: (319) 356,6000
FAX: (319) 356,6086
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To: IOWA CITY CLERK
From: jo hogarty
4-25-94 2:15p~ p. 3 of 3
Agenda 4-26-94 Page 2
6. Business from Mary Donovan, Administrator of Chatham Oaks. Inc. re: HUD
,
Grant application/discussion. '
7. Busincss from thc County Auditor,
a) Discussion rc: cash flow analysis for March.
b) Olher
8. Business from the County Attorney.
a) Report/discussion re: nuisancc complaint (Lot 9, Pleasant Meadows
subdivision).
b) Olhcr
,
9. Business from the Board of Supervisors.
a) Discussion rc: boards and commissions.
b) Discussion re: letter of resignation from Frank Wcigcll serving on the
Ambulance Advisory Committee.
c) Discussion re: legislative updatc.
d) Reports
c) Othcr
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