HomeMy WebLinkAbout1994-11-22 Info Packet
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City of Iowa City
MEMORANDUM
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Memoranda from the City Manager: .
a. Color Code Parking Meters
b. Annual Paper Contracts
c. Pending Development Issues
Memorandum from the Assistant City Manager regarding the November 15
meeting of the Council on Disability Rights and Education.
Memorandum from the Community Development Coordinator regarding
City Steps - public meeting summaries.
Copy of news releas~ regarding Thanksgiving nolidays.
Agendas for the November 10, 1994, infonnal and fonnal, meetings of the ;;tl 0
Johnson County Board of Supervisors.
DATE: November 10, 1994
TO: Memo for Record
FROM: City Manager
RE: Material Sent to Council Only
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City of Iowa City
MEMORANDUM
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Date: November 4, 1994
To: City Council
From: City Manager
Re: Color Code Parking Meters
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Off and on, employees of the Parking Division receive comments from the public about the
various time limits on our parking meters. We plan to color code the meter posts.
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This will be accomplished relatively easily and inexpensively by simply placing a two-inch wide
band of colored vinyl tape around each meter post. For instance, 3D-minute meters would have
red tape, one-hour meters - green, two-hour meters - blue, five-hour - orange, and ten-hour
meters - white. We feel that the band of tape would be much more tasteful and easier to
maintain than a painted post. When you see the color code, you'll know what we're up to.
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City of Iowa City
MEMORANDUM
Date: November 8, 1994
To:
City Council
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The Duplicator contract will cover the Print Shop, copiers, FAX and laser printers totaling
over five million sheets at a cost of approximately $35,000.
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From: City Manager
Re: Annual Paper Contracts
Bids were received for the annual Duplicator Paper and Continuous Computer Paper contracts.
This is the third year in a row that we have held the City's increase to 3% in a very fluctuating
market. The use of recycled paper meets 85% of all City paper requirements. Standard paper
used in the print shop and satellite copiers is strictly recycled stock,
The Continuous Paper contract will cover computer printers, totaling over a million sheets
costing approximately $5,000.
Recycled paper, in accordance with the EPA guidelines, has been utilized in specifications for
both contracts. At a minimum we are writing specifications to include 100% recycled waste paper
and 20% post consumer waste. Recycled waste paper includes end runs from a paper mill or
printing plant, whereas post consumer waste includes printed paper utilized in the marketplace
and recycled; services provided by vendors such as City Carton.
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Currently, the Division of Purchasing is writing all outside printing specifications with an option for
recycled paper and vegetable based inks. When available, approximately 90% of all bids, totaling
over $74,000 annually, have been awarded with recycled paper; these include all checks, water
sewer bills, parking bills, purchase orders, payroll timesheets, payroll change forms, and
brochures such as the Recreation Center program schedules.
Paper needs of the City have changed over the past twelve years as the demand for information
creates a need for paper products. The following chart reflects those technology changes and
the paper demands,
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Equipment 1982 1994
Print Shop - duplicator (copies) 1,6 million 2.1 million
Photocopiers (units) 5 20
Photocopies (copies) .5 million 1.2 million
Mainframe computer - printers 2 printers 9 printers
Microcomputer systems 0 185
FAX 0 8
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Don Yucuis, Director of Finance
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City of Iowa City
MEMORANDUM
DATE: November 8, 1994
TO: City Council
FROM: City Manager
RE: Pending Development Issues
An application submitted by Windsor Ridge Development Company to
rezone three parcels (35.22 acres) located west of Taft Avenue
along Court Street extended from RS-5, Low Density Single Family
Residential, to CN-l, Neighborhood Commercial (14.1 acres), RM-12,
Low Density Multi-Family Residential (11.99 acres), and RS-8,
Medium Density Single-Family Residential (9.13 acres).
An appl ication submitted to Johnson County by William Frees to
rezone 107 acres from AI, Rural, to RS3, Suburban Residential,
for property located partially in the Fringe Area 4 on the south
side of Dingleberry Road NE approximately .6 miles east of its
intersection with Highway 1.
An application submitted to Johnson County by Vincent and Betty
Dalton to rezone 1.5 acres of a 3.5 acre tract from County A1,
Rural, to RS, Suburban Residential, for property located in Fringe
Area 3 on the north side of Newport Road approximately one-half
mile east of its intersection with Prairie du Chien Road.
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Council on Disability Rights and Education
Date: November 8, 1994
To: Council on Disability Rights and Education
From: Dale Helling
Re: November 15, 1994, Meeting
The next meeting of the Council on Disability Rights and Education will be on Tuesday,
November 15, 1994, at 11 :00 a.m. in the City Council Chambers at the Civic Center,
The agenda it; as follows:
1. Introductions
2. Subcommittees/Reports
a. Housing
b. Transportation
c. Public Accommodations
d. Public Relations
3. Other Reports
4. Other Business
5. Next Agenda
6. Adjourn
Enclosed you will find a summary of the November 1 meeting, a copy of the letter sent to
Susan Mask, an outline of the presentation made to the Chamber of Commerce Human
Resources Committee on November 3, a copy of the CDRE mission statement, and a page
from Reflections regarding the Business Awards Breakfast at which Jacquelyn Bolden will be
the keynote speaker.
I'll see you on the 15th.
cc: City Council
Johnson County Board of Supervisors
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Date:
November 3, 1994
Council on Disability Rights and Education
Heather Shank, Human Rights Coordinator
Summary of November 1, 1994, Meeting
To:
From:
Re:
The Council met on November 1, 1994 at 11:00 a.m. in the city
Council Chambers at the civic Center. Those in attendance
included: Doris Jean Sheriff, Ed Brinton, Ethel Madison, John
Harshfield, Kevin Burt, Heather Shank and Susan Mask.
John Harshfield informed Susan Mask that she would be receiving a
letter from the council encouraging her to come to the meetings.
Ms. Mask advised the Council that she will only be able to attend
one meeting a month due to a conflict with the University's ADA
group. The University's group meets once a month at the same time
as the Council on Disability Rights and Education. Ms. Mask
encouraged members of the Council to attend the Uni versi ty I S
meeting. Doris Sheriff volunteered to communicate with the
University group. Ms. Mask suggested other University personnel
with different areas of expertise who might want to become involved
with CODRE. Persons who could possibly rotate to the council on
Disability Rights and Education meetings include Jan Gorman and
Donna Chandler.
SUMMARY OF REPORTS FROM SUBCOMMITTEES
HOUSING: Kevin Burt reported that the subcommittee had agreed to
pursue four main topics. The first would be working with city
steps to determine the feasibility of the Universal Plan for future
low rent housing facilities. The second item on the agenda is
contacting other communities to determine what actions they are
taking to make housing accessible and adaptable. Kevin Burt is
going to contact Concrete steps. Tom Clancy and John Harshfield
are going to develop a survey that will permit a greater
understanding of the needs of persons with disabilities in the
housing area. Finally, the subcommittee will develop a book on the
impediments to housing for persons with disabilities. This book
will include information on the requirements of the Fair Housing
Act, support systems in town, the result of Tim and John's survey,
and other pertinent information.
TRANSPORTATION: Doris Jean Sheriff has ,been gathering information
on transportation and the subcommittee should be meeting soon.
PUBLIC ACCOMMODATIONS: Ethel Madison reported that the
subcommittee has chosen ten businesses that have made changes in
their structures to accommodate persons with disabilities. Each of
the businesses will receive a letter from CO ORE inviting them to
participate in the subcommittee.
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PUBLIC RELATIONS: To meet today.
OTHER BUSINESS:
There will be a seminar at the University of Iowa on November 9,
1994, from 4-6 p.m., addressing accessibility at the University and
the university's compliance with the Americans with Disabilities
Act.
Doris Jean Sheriff announced that she attended a Chamber of
Commerce sponsored event and it took place in a room that was not
accessible. Ms. Sheriff asked that this be mentioned for the
rec9rd.
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Ms. Sheriff also mentioned that the voting booths are not
accessible to persons with disabilities.
Adjournment at 12:20 p.m.
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Council on Disability Rights and Education
November 1, 1994
Susan Mask
Director of Affirmative Action
202 Jessup Hall
The University of Iowa
Iowa City, IA 52242
Dear Ms. Mask:
At the October 1 B meeting of the Council on Disability Rights and Education (CDRE), we
discussed the benefits of including representatives from the University of Iowa in our
organization. This letter is to solicit your direct involvement,
CDRE is a community organization. It is a committee made up of concerned citizens, including
many persons with disabilities as well as representatives from a variety of local organizations.
We feel that the University is an integral part of our community and, while it operates
autonomously from local governing bodies, University staff, faculty and students are very
much a part of this community. In addition, many citizens who are not associated with the
University take part in University-sponsored activities and the use of University facilities.
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We feel that University representatives would have a great deal to add to our discussions and
our committee work, On the other hand, we also feel that the University would benefit from
its participation. One of the benefits we see is that we will all learn more about the needs and
lives of persons with disabilities, Another is in the sharing of information as we all work
toward implementation of ADA requirements and total community accessibility,
Please join us as we pursue these efforts. Attached is a copy of our mission statement which
was recently adopted, Please feel free to contact us for further information. For your
convenience, this may be done through the office of the Assistant City Manager, You may
call Dale Helling at 356-5013 or address any correspondence through him in care of the Civic
Center, 410 E. Washington Street, Iowa City, IA 52240,
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We look forward to hearing from you in the near future.
Incerely,
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an, Co-Chair
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Introductions
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Council on Disability Rights and Education
Mission statement
Educational organization
Community-wide accessibility
Full participation
History
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Purpose
1.
2.
3.
4.
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Citizens approach City Council regarding ADA issues
Research grant proposal - ISED
Initial meetings (City and Independent Living Inc.)
Consolidation of efforts
Community effort to inform, educate and encourage compliance and beyond
Involve a large number of citizens, especially persons with disabilities
Address a wide variety of accessibility/inclusion issues
Make appropriate recommendations, communications, etc.
Method/Structure
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Core committee
Twelve members to function as oversight/steering committee
Representatives on each sub-committee
Active sub-committees
a. Public Accommodations (Title III)
b. Transportation (Public, Title II)
c. Housing
d. Public relations
2.
Future sub-committees:
a. Employment
b. Telecommunications
c. Resource development
d. Education
e. Speakers Bureau
Makeup of sub-committees and recruitment of members
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End Result - Ongoing core committee to coordinate overall effort and sub-committees to
address specific issues
Resources. Individuals' time commitments and in-kind services from represented organiza-
tions
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COU~CIL ON DISABILITY RIGHTS AND EDUCATION (CDRE)
MISSION STATEMENT
The Council on Disability Rights and Education (CORE) is a non-profit
educational organization dedicated to accessibility, full participation and
inclusion of persons with disabilities.
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Our mission is to act as a comprehensive, community-wide educational
resource for promoting disability awareness, to provide technical assistance
and to encourage compliance with disability civil rights legislation.
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Our goal is the attainment of community-wide accessibility and the, full,
participation of persons with disabilities to all facilities and services within our
community.
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h IOWA CITY
'0 AREA
Z CHAMBER' OF
% COMMERCE
1994
Volume XVIV NO. 11
Sen.ing the Communities of/owa City. Coralville andJoh/lJon County
Local Candidates Sound Off on
Business Issues at Chamber Forum
As the November 8 elec-
tion date draws near, the Iowa
City Area Chamber of Com-
merce Legislative Council is
hosting a Candidates Forum for
the ten Johnson County con-
tenders. The event is scheduled
for Wednesday, November 2 at
the Iowa City Public Library
from 7:00-9:00 p.m. In Meet-
Ing Room A and will be covered
on the Governmentlnformalion
Channel 4.
The format of the event question and answer period. The
calls for a presentation by each forum is open to the general
candidate followed by a general public and is free of charge.
Candidates who have Indicated they wlll
aUend the Forum are:
Sen. Bob Dvorsky
Rosie Dalton
Rep. MlnneUe Doderer
Rep. Mary Mascher
WUllam A. KidweU
Rep. Mary Neuhauser
Rep. Dick Myers
Lynn S. Schulte
6th Annual Business Awards Breakfast
The Iowa City Area Cham-
ber of Commerce cordially in-
vites you to Its 6th Annual Busi-
nessAwards Breakfast, Wednes-
day, November 16 from 7:00 -
9:00 a,m. at The Highiander Inn,
The breakfast buffet will feature
the presentation of the Economie
Development Awards, the Com-
munity Beautification Awards,
the STAR (Service to Arts in our
Region) award and the Honored
Farm Family and Youth Schol-
arship Awards.
The keynote speaker will
President's Message 2
Luncheon Seminar 2
BusincssPM 3
New MemberOrientalion 3
o
be Jacquelvn Bolden. Director
of Research and Evaluation with
-
the Institute for Social & Eco.
nomic Development (ISED),
Iowa City. Ms. Bolden'spresen-
tation on the Americans with Dis-
abilities Act (ADA) and busi-
ness responsibilities Is a timely
one, addressing Issues facing the
business community in their ef-
forts to cumply with ADA. Ms.
Bolden has a Ph ,D. from Boston
University and received a Who's
Who Among Human Services
Professionals honor In 1992. In
Contents
New Ambassadors 3
Community leadership
Progrom 4~
Corolville News 8
addition to her position at ISED,
Ms. Bolden Is an Adjunct Asso-
ciate Professor in The Univer-
sity of Iowa School of Social
Work and is the aulhor of sev.
eral professional publications.
Cost of Ihe breakfast Is
$15 per person. Reservations
must be confirmed by Novem.
ber 11,1994. Paymentconlirms
reservation. No refunds after
November 11. No shows and
late cancellations will be billed.
What We Did
New Membelll
Legislative Council
Progrnm Calendar
8
9
10
Back
o
NOl'cmber, 1994
, '
."'Ma.rkYOl.lt:,' ·
, ',' ',..'., Ca/~n#ar~;,i' .',
,.'.. ,;.':'.'
Candldatee Forum
VVednesday,Nov.2
7:00 - 9:00 p.m.
Iowa City Public Ubrary
Luncheon Seminar
'Developing Poelllve
Media Relatlonahlps'
Noon, Tuesday, Nov. 15
The Commerce Center
RSVP by Nov, 14
(see page 2)
Buelnee8 Awerds
Breakfaet
VVednesday, Nov. 16
7:00 - 9:00 a.m.
The Highlander Inn
New Member
Orlent8llon
Thursday, Nov. 17
4:00 - 5:00 p,m,
Iowa State Bank & Trust
Main Bank
(see page 3)
Iowa State Bank Be Trust
Buelneee PM
Thursday, Nov. 17
4:30.6:30 pm,
Members $3
Non.Members $5
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City of Iowa City
MEMORANDUM
Date: November 9, 1994
To: City Council and City Manager
From: ~ Marianne Milkman, Community Development Coordinator
Re: City Steps - Public Meeting Summaries
I thought you might be interested in some of the comments made at the recent City Steps
meetings. Attendance and interest varied, but overall the meetings were very well
worthwhile. Brief summaries of issues raised at the six Public Meetings as well as information
gathered when talking to people at the Free Lunch Program and the Salvation Army Soup
Kitchen are included. In addition to these summaries, tapes of the meetings held at the Public
Library on October 19, October 27 and November 3, and at the First National Bank on
November 1, will be available as of Monday, November 14. Please contact Steve Long at
356-5250 if you would like to borrow the tapes to view on your own VCR or at the Library.
The elections have delayed some of the showings on cable TV on the Government Information
Channel, but they will be shown for another week or so.
We are now trying to assemble all the data and information into a "Needs Assessment" which
the City Steps Committee will use to determine Priorities and Strategies. This committee will
be meeting starting November 28, and hopes to have the job completed by December 7; If
you have any questions, please call me at 356.5244,
bj1summllries
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CITY STEPS
HOUSING NEEDS MEETING SUMMARY
lOW A CITY PUBLIC LIBRARY
Wednesday, October 19, 1994 - 12:00 p.m.
Moderator: Ben Moore
o Accessibility issues
Need to develop a list of accessible apartments
Need more accessible apartments and funds to renovate existing apartments
Promote universal building codes for accessibility for all residential buildings
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Need education process between all three parties to better understand each other
o Affordable homeownership and assistance for renters
Need downpayment assistance for first time homebuyers
Need a security deposit loan fund for renters
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o Responsibility issues
Need people to take more responsibility for their actions in low-income housing.
o Provision of services
Need funding for more LIFE 8kills,Inc,-type programs
Provide support services for persons with mental illness to maintain a place to live
o Discrimination ,against low-income renters and persons who are disabled
Need education process to prevent discrimination by address
Residents should not be punished because of the actions of a few people
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o General housing issues
Competition for low-income housing is fierce
Need more low-income housing
Need rental housing for large low-income families
Need more housing for persons with special needs that is accessible and affordable
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CITY STEPS
FREE LUNCH INTERVIEWS
Wesley House
11:30 a.m. . 1:00 p.m.
Thursday, October 20, 1994
o TRANSPORTATION
Bus service needs to start earlier, end later, and operate more on weekends
Need to provide bus passes for the low-income
Need bus route to the Salvation Army
o HEALTH CARE
Difficulty getting expensive prescription medication
No place to go during the day when you are sick if you live at the shelter
o DAY TIME SERVICES
Make recreation center pool available to low-income families by offering reduced rates
Need services for homeless pregnant women
Need day time shelter with mailboxes, telephone, and computer
Need program for education, nutrition, budgeting, prenatal care, and parenting skills
o HOUSING/ SHELTER ISSUES
Need it shelter for women and children
Need housing options for people without children
Need more rooming houses, Single room occupancy (SRO) type housing
Need more land for affordable housing
Need a shelter for families
o JOBS
Need job training ,
Need place for job interview preparation, interview clothes, typewriter, etc...
Need higher paying jobs with benefits
Wages are not keeping up with cost of living
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CITY STEPS
GENERAL TOPICS MEETING SUMMARY
PHEASANT RIDGE COMMUNITY CENTER
7:00 p.m.
Thursday, October 20, 1994
o Child care
Need short term child care services
Need child care for parents working or pursuing an education
Need 24-hour child care
o Transportation
Need expanded weekend bus service
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CITY STEPS
HOMELESS NEEDS MEETING SUMMARY
12:00 p.m.
Thursday, October 27, 1994
MODERATOR: Ccis Kinkead
OUTREACH AND ASSESSMENT: No issues raised
EMERGENCY SHELTER:
Need for a men's shelter to serve as many as sixty men. Single Room Occupancy model
for long-term shelter. Would relieve strain on the emergency shelter (EHP) and provide
more space for families and women,
Women's and family shelter needed.
Attention to overcrowding of EHP; city/county annual support does not cover one
month's expenses; for the first time shelter is having to turn people away.
Need emergency care and shelter for persons with mental illness.
Salvation Army is not at capacity for its day shelter services.
Is this a location problem?
Need expand~ emergency shelter opportunities for unaccompanied minor youth.
Also need a centralized, day time place for services access and consumer job lead
phones.
Need improved attention to free meal nutrition and sensitivity to special dietary concerns.
Improved bus service; bus to Salvation Army is two blocks away. A long two blocks in
winter.
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TRANSITIONAL HOUSING:
Need for a place persons with supervision requirements to go after they have been
discharged from local hospitals.
Increase the amount of transitional housing available in our community; currently
HACAP operates only 8 units for all of Johnson County. These units are for families
ONLY. Their waiting list is extremely long and they have begun to suggest families
consider leaving Johnson County for better housing opportunities.
It was suggested that HACAP had staff available to increase number of transitioning
, families served; they needed housing for additional families.
Need transitional housing for single perSons. Supported housing for persons leaving
shelter.
The need for some on-going support after leaving transitional housing was also mentioned
to increase the rate of successful · graduation ".
Increase support of LIFE Skills supportive services.
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Thursday, October 27, 1994
continued
pg.2
PERMANENT SUPPORTIVE HOUSING:
More attention to keeping elderly in their homes
Expanding the need for child care to include the concept of elder care -Dependent Care,
Increase funding of LIFE Skills housing assistance programs.
Need to consider an integrated, centralized, user-considerate location for service access.
Expand respite-care for persons and families living with mental illness, Alzheimers, etc...
ACCESS AND ACQUISmON OF PERMANENT HOUSING:
Services:
Consider using a volunteer/mentor program to help families in their housing searches.
Improved tenant/landlord/PHA relations and education.
Economic discrimination - "address discrimination". Won't take a check if you have a
Broadway address.
Need a variety of dependent care: short-term/emergency care; work/school care.
Emergency funds to temporarlly assist people in crisis to remain in their current home.
Support for the Furniture Project. '
Make it pos~ible for moms to stay at home.
Community needs to plan for the end of the VISTA program in Iowa City.
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Problems with security/damage deposit limitations and landlords unwilling to take
Section 8 vouchers and certificates.
Develop a clearinghouse of landlords willing to accept Section 8.
Reinforce the concept of assistance as a transition not an end.
HOMELESS PREVENTION:
more support on a county / regional level to assist people in rehabilitating and
maintaining their existing housing.
Support services that maintain the elderly and persons with disabilities in their current
living situations.
On-going support services made available to persons who leave the shelters.
An information/referral center or number -services clearinghouse-hotline.
Need for emergency rent assistance.
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CITY STEPS
NON.HOljSING COMMUNITY DEVELOPMENT NEEDS MEETING SUMMARY
FIRST NATIONAL BANK ATRIUM
Tuesday, November 1, 1994 - 12:00 p.m.
Moderator: Bill Burger
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o Economic Development
Need more permanent jobs with benefits
Need to praise the companies who provide benefits and publicize the ones who employ
temporary workers
Mentally ill persons need more opportunity for employment
Need subsidies for first time small business owners
Encourage businesses to offer child care onsite
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o Transportation
Need revision of transportation system to serve outlying areas outside of downtown
Need transportation to child care providers
Expand the hours of the bus service
Do a study to look where employees working in Iowa City live, and create a regional
solution to transportation and housing issues
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Need to have disabled persons involved with ADA accessibility issues
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o Supportive Services
Need to loo,sen up rules so mentally ill persons can be functionally independent, many
do not want handouts
Need programs to encourage low-income, mentally ill persons to work
Child care costs are too high
Need a security deposit loan program for renters
Bring community colleges and technical colleges together to develop skills of workers
Develop a program to change the attitudes towards low-income persons
Need a first rime home buyer program
Sponsor a mentor program to provide one-on-one contacts
Support the Furniture Project and allow it to employ low-income clients
Provide tax incentives to private companies to build and lease out housing for the
mentally ill persons
Need permanent housing and supportive services for chronically mentally ill persons
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CITY STEPS
Public Meeting 11/3/94 - 7:00 p.m., Public Library
Housing & Community Development Needs
Moderator: Rusty Martin
SUMMARY OF COMMENTS AND ISSUES
Job-Related Issues
. Jobs are essential in providing independence for persons with disabilities, as well as others.
. High underemployment in Iowa City; many people want to work more hours.
. Most part-time jobs provide no benefits.
. Student population influences economy of the City; students want part-time jobs and do
not need benefits.
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. Difficult for small businesses to train entry-level personnel even with wage subsidy; market
too competitive to allow time for supervision required.
. Iowa City economy heavily service-based, resulting in many low-paying jobs.
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. Non-profit organizations could provide job training with subsidy.
. Institute for Social and Economic Development provides entrepreneurial workshops and
, helps in starting small businesses.
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. Put pressure on large businesses to hire full-time personnel and pay benefits. How?
. Statistics needed on number of temporary and part-time jobs in Iowa City.
. Iowa City is a non-union, low wage town.
. There is a need for an overall economic development strategy which concentrates on
increasing employment opportunities, establishes target rate of return for development
incentives, requires accountability and penalizes non-performance.
Housing and Support Services for Special Populations
. Need for housing and support services for chronically mentally ill that are less restrictive
than Chatham Oaks but more restrictive than Supervised Apartment Living. Services are
needed to ensure medication is taken; budgeting, housekeeping skills, etc.
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CITY STEPS
HOUSING AND COMMUNITY DEVELOPMENT NEEDS MEETING SUMMARY
7:()()p,m.
Thursday, November 3, 1994
Broadway Neighborhood Center
ISSUE: CHILD CARE
NEEDS AND SOLUTIONS:
- subsidized and/or sliding scale fees for child care for work/school care.
- locating facilities in the neighborhoods; good location is vital.
- transportation from school to after-school care.
- expand after-school programs at the schools; can use title 20 funds.
- expand City's Summer Rec programs for children; these free programs provide vital summer
day care for low-income children.
ISSUE: HOUSING
NEEDS AND SOLUTIONS:
- the Family Self-Sufficiency program needs to get underway. Potential users say they have been
waiting for nearly three years, They are motivated and interested in the savings
possibilities this program offers.
- A need to change attitudes among providers, caseworkers and tenants to begin viewing assisted
housing as a transition, not an end.
- Stop concentratiol} of subsidized housing, 'Jow-income housing, and special needs housing in
the south eastern neighborhoods.
- Encourage scattered site development, including special needs housing.
- Develop a regional approach to the housing affordability issue by improving/providing transit
to outlying communities.
- Provide opportunities for tenants to develop a sense of "ownership" of their homes by allowing
them to paint, garden, repair, rent-to-own.
- Provide opportunities for low-income families to purchase homes with assisted homeownership
programs (could work with FSS),
- improve tenant/landlord/PHA relations; establish or improve arbitration syste~.
ISSUE: JOBS
NEEDS AND SOLUTIONS:
- laboring/unskilled jobs with benefits
- living wage pay
- job training; mentoring programs; apprenticeships; family friendly policies.
- Use CDBG funds for job creation
- Support micro-enterprises by subsidizing rent of store/commercial/retail space for low-income
owner businesses.
- improve vocational training for youth in public school.
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Housing and Community Development Needs Meeting
Summary
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This was a very lively meeting of concerned neighbors. The overriding theme was
empowerment of low-income people. Most who attended expressed a desire to rise above their
current economic situation. But, at the same time they were frustrated by the limitations of this
program or that program that kept them living in assisted situations. A better job, more
education, or self-improvement often leaves these families with fewer benefits and less support
which in the short-term negates any "gain" in income they might have realized. One solution
mentioned was delaying the curtailment of certain benefits, and rent increases that come with
. more income for a period of six months to a year to allow families to get on their feet and
maybe a little ahead.
Transportation, while not mentioned separately above, was an under current concern of most
people. The need to re-examine transit services as they relate to low-income people and transit
limitations as a barrier to affordable housing opportunity was evident.
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TO: Jenny Denny
FROM: Heather Shank, Human Rights Coordinator
RE: Needs of low income and homeless in Iowa City
On October 19 and 20, 1994, I went to the Salvation Army dinners to interview
people with low and very low incomes, with and without housing, in the Iowa City area.
The people I spoke with were receptive to sharing their thoughts with me. They were
unwilling, however, to attend a City Steps meeting due to concerns related to privacy and
the perception of public humiliation. The following are the needs expressed by the people
who are frequent diners at the Salvation Army.
1. I spoke with at least five people who could not afford to pay for their
medications. All of these people were currently living in an apartment but indicated that
after they paid the rent they had nothing left over for food or medications. Two women
indicated that they would be able to work once they received their medication because
they had worked in the past. I think health care and the need for medication is a big
concern to the low income and homeless population. The Free Medical Clinic can only
afford to pay for some medications. It would be nice to give the Clinic more money when
the priorities are determined.
2. AI~ost everyone I spoke with indicated there was a need for higher paying
jobs. According to one man, Temporary Services employs people and then gets a certain
percentage of the wages earned. By the time taxes and Temporary Service's percentage
is removed from the check, the hourly wage is $4.00/hour or less. There is an attitude of
hopelessness at the Salvation Army regarding jobs. I was told that there are more and
more employers that are hiring temporary workers so they do not have to pay benefits.
3. A very large impediment to homeless people getting jobs is the fact that they
do not have an address to list on the job application. One man indicated to me that
putting down the emergency housing project as an address is not acceptable because
employers know that homeless people live there. The man I spoke with is
Czechoslovakian.
According to Captain Miller, an employer needs to fill out employment papers for
the government when the business hires an alien resident. If the applicant does not have
the appropriate papers he or she cannot be hired. The employer faces a $2000.00 fine
if he or she hires an alien without the proper identification. Captain Miller indicated many
people have lost their papers so they are in limbo without a chance of getting hired.
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4. I received several suggestions as to the types of housing that are needed.
One woman indicated there was a lack of available family housing. Another woman
voiced the need for a dormitory just for women and childl'en. According to the homeless
women, they are outnumbered by the men so they need their own facility. The men
agreed that they needed their own shelter as well. A homeless man told me that the
homeless shelter in Des Moines is terrific because the shelter helps you find a job and
does not require that people leave the shelter during the day. Another individual
recommended the City look at the homeless shelter built in Olympia, Washington for
ideas.
S. The stories of individual trials and tribulations pointed out some of the
barriers faced by persons who are low income and homeless. One woman told me that
she made $S.SO/hour. She lives with her son in a one bedroom apartment and goes to
Kirkwood College part time. She is disabled and on Title 19. The doctors she has
attempted to see have not accepted Title 19. She asked DHS for assistance in paying for
her medications but DHS refused because she is going to school. She is going to school
so that she can eventually get a better paying'job. In order to get the help she needs to
survive in Iowa City, however, she will have to quit school. She was offered $48.00 in
food stamps but her most important need is her medication.
6. Captain Miller asked that the City bus be allowed to pass in front of the
Salvation Army like it did when Kirkwood was under construction. She indicated it was
very convenient for people to take the bus to the dinners. The population they serve at
the Salvation Army could grow if the bus serviced the site and their location was well
publicized.
7. Several people informed me that people in grocery stores stare at them when
they use food stamps. The homeless and low-income frequently do not have cooking
facilities so they do not bother to buy food that needs to be prepared. They know that
people look at their choice of food and condemn them but it is difficult to get nutritious,
filling food that is cheap and very portable. One woman recommended a community
garden to supply vegetables and fruit to the emergency service organizations.
8. I spoke with a physician at University Hospital regarding what she perceived
were housing needs in Iowa City. She expressed an urgent need for housing with
supervision. Apparently the hospital has admitted several homeless people from Iowa City
for drug and substance abuse problems or related illnesses. She has been reluctant to
discharge these patients because they do not have a home to go to and they need
supervision. Thus some of these patients have stayed in the hospital, frequently on the
psychiatric ward, for long periods of time because there is not a facil,ity that can
accommodate their need to be observed.
I think you are doing a great job. The number of people you have had at the public
library meetings is impressive.
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NEWS RELEASE
Holiday Schedule
November 10, 1994
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CITY OF IOWA CITY
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City offices at the Civic Center will be closed Thursday and Friday,
November 24 and 25, 1994, in observance of Thanksgiving Holidays. A schedule
of city services is as follows:
Iowa City transit buses will not operate on Thursday and will run on an
hourly schedule until 7:00 P.M. on Friday.
Parking meters will not be enforced on Thursday, and parking in the ramps
will be free. However, meters will be enforced and charges will be made for
parking in the ramps on Friday.
The Public Library will be closed on Thursday, but will be open regular
hours on Friday.
The Senior Center will be open holiday hours (10:30 A.M. to 3:00 P.M.)
both days. Congregate Meals will be served.
The pools at the Iowa City Recreation Center and at Mercer Aquatic Center
will close at 5:00 P.M. on Wednesday, November 23, and will remain closed on
Thursday along with the entire Recreation Center. The Recreation Center and
both pools will be open on Friday from 1:00 to 9:00 P.M.
The Iowa City Landfill will be closed on Thursday, but will be open regular
hours on Friday.
The refuse crews will not be making collections on Thursday or Friday.
The makeup schedule is as follows:
Monday, November 28 Thursday route plus one-half the Friday route
Tuesday, November 29 Remainder of Friday route plus the Monday route
Wednesday, November 30 Tuesday route plus one-half the Wednesday route
Thursday, December 1 Remainder of Wednesday route plus Thursday route
For those residents on the Monday, Tuesday or Wednesday routes, it is
recommended that refuse be placed at the curb on the regular day, as the
crews may be able to cover the routes faster than planned.
Yard waste will not be collected during the makeup week of November 28
through December 2, 1994.
FROM: Administrative Offices
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CIVIC CENTER' 410 E, WASIIINOTON ST,
IOWA CITY IOWA 12240.1826
PIIONE (319)2l6,5000
FAX(319) 2l6.5009
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To: IOWA CITY CLERK
From: Jo Hogartv
11-9-94 0:23am p. 2 of 2
Juhnmn Cuunt)'
_ \ IOWA :>
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Balkcom
Charles D. DuffY
Patricia A. Meade
Don Sehr
November 10, 1994
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
,
2. Review of the informal minutes of November 1st recessed [0 November 3rd
and the formal minutes of November 3rd.
3. Business from the Director of S.E.A. T.S.
a) Discussion re: disposing of vehicles.
b) Other
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4. Business from Peg Fraser, Executive Race Director of the Iowa City
Road Races, Inc.
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a) Discussion re: annual Iowa City Road Races, Inc. award to the county.
b) Other
5. Business from the Board of Supel1'isors.
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a) Reports
b) Other
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6. Discussion from the public.
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FORMAL MEETING TO FOLLOW
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913 SOUTH DUBUQUE ST. 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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From: ,Jo Hogartv
11-9-94 9:23am p. 2 of 6
Juhnsun Cuun~'
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BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Balkcom
Charles D. DuffY
Patricia A. Meade
Don Sehr
/
November 10, 1994
FORMAL MEETING
Agenda
1. Call to order following the informal meeting.
2. Action re: claims
3. Action re: informal minutes of November 1st recessed to November 3rd
and the fonnal minutes of November 3rd.
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4. Action re: payroll authorizations
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a) Action re: peI111its I
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b) Action re: reports 7"
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1. Clerk's September monthly report. ' ":
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c) Other
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6. 9:30 a.m. - Public Hcaring for FY95 Budget Amendmcnt.
a) Discussion/action re: resolution approving FY95 budget amendment.
b) Discussion/action re: resolution for department appropriations.
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913 SOUTH DUBUQUE ST.
P,O. BOX 1350
IOWA CITY, IOWA 52244.1350
TEL: (319) 356-6000
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To: IOWA CITY CLERK
From: Jo Hogartv
11-9-94 9:23am p. 3 of 6
Agenda 11-10-94
Page 2
7. 9:30 a.m. . Public Hearing on Conditional UselPermit, Zoning and
Platting Applications:
a) Discussion/action re: the following Conditional UselPermit:
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1. Application CU9406 of Helen Kleinschmidt, Kalona, Iowa,
requesting a Conditional Use Permit to operated a Bed & Breakfast
Business on certain property described as being in the NW 1/4 of
the SE 1/4 of Section 6; Township 78 North; Range 7 West of the
5th P.M. in Johnson County, Iowa (This property is located on the
south side of Highway #1 SW, approximately 1/2 mile southwest of
its intersection with Hazelwood Avenue SW in Sharon Twp.).
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b) First and Second consideration of the following Zoning
applications:
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1. Application Z9440 of Steve Michel, Kalona, requesting rezoning of
1.99 acres from Al Rural to RS Suburban Residential of certain
property described as being in the SW 1/4 of the SE 1/4 of Section
3j Township 78 North; Range 8 West of the 5th P.M. in Johnson
County, Iowa (This property is located on the north side of 480th
Street SW, approximately 3/8 of a mile east of its intersection with
Derby Avenue SW in Washington Twp.).
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2. Application Z945l of Scott Rohret, Oxford, owner, requesting
rezoning of 1.99 acres from Al Rural to RS Suburban Residential
of certain property described as being in the SW 1/4 of the SE 1/4 of
Section 17; Township 79 North; Range 8 West of the 5th P.M. in
Johnson County, Iowa (This property is located on the east side of
Black Hawk Avenue SW, approximately 1/4 of a mile north of its
intersection with 400th Street SW in Hardin Twp.),
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To: IOWA CITY CLERK
From: Jo Hogartv
11-9-94 9:23am p. 4 of 6
Agenda 11-10-94 Page 3
3. Application Z9452 of Edna, John & Charlotte Koenig, owners,
signed by Steven Mann, contract purchaser, requesting rezoning of
5,97 acres (3 - 1.99 acre tracts) from Al Rural to RS Suburban
Residential of certain property described as being in the SE 1/4 of
the SW 1/4 of Section 2; Township 78 North; Range 8 West of the
5th P.M. in Johnson County, Iowa (This property is located on the
north side of 480th Street SW, approximately 1/8 of a mile east of
its intersection with Orval Yoder Turnpike SW in Washington
Twp.).
c) Discussion/action re: the following Platting applications:
1. Application S9458 of Connie Andreasen requesting preliminary and
fmal plat approval of Andreasen Subdivision, a subdivision located
, in the SE 1/4 of the SW 1/4 of Section 32; Township 80 North;
Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a
I-lot, 11.33 acre, fannstead split, located in the northeast quadrant
of the intersection of 340th Street SW and Half Moon Avenue SW
in Clear Creek Twp.).
2. Application S9460 of Eldon T. & Nelda Miller, signed by Dean
Beranek of .lv1MS Consultants Inc., requesting preliminary plat
approval of Joetown Acker Heim Estates, Part Two, a subdivision
located in the SE 1/4 of the NW 1/4 of Section 28; Township 78
North; Range 8 West of the 5th PM. in Johnson County, Iowa
(This is a 19 lot, 19.35 acre, residential subdivision, located on the
east side of Chambers Avenue SW, south of the intersection of
Chambers Avenue SW and Angle Road SW in Washington Twp.).
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Application S9463 of Deborah L. Augustine requesting preliminary
and fmal plat approval ofTrail's End Subdivision ( A Subdivision of
Lot I, Aubrecht Subdivision), a subdivision located in the SW 1/4
of the NE 1/4 and the NW 1/4 of the SE 1/4 of Section 22;
Township 80 North; Range 8 West of the 5th P.M. in Johnson
County, Iowa (This is a 2-lot, 15.00 acre, residential subdivision
with one outlot, located on the south side of Lower Old Highway 6
NW, approximately 1/4 of a mile SE of the intersectioifofLo\yer...:
Highway 6 and Lower Oxford Road NW in Oxford Twp.): I' ,,'
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To: IOWA CITY CLERK
From: Jo Hogartv
11-9-94 9:23am p. 5 of B
Agenda 11-10-94
Page 4
4. Application S9464 ofBilIie D. Gaddis requesting fmal plat approval
of Royal Oaks Subdivision, a subdivision located in the S 1/2 of the
S 1/2 of Section 16; Township 81 North; Range 7 West of the 5th
P,M. in Johnson County, Iowa (This is a 65 lot, 116.89 acre,
residential subdivision with two outlots, located on the east side of
Iowa Highway 965 NW, approximately 7/8 of a mile south of the
intersection of Iowa Highway 965 NW and 140th Street NW in
Jefferson Twp.).
5. Application S9465 of Alan Lacina requesting preliminary and fmal
plat approval of Wapsi View Subdivision, a subdivision located in
the SW 1/4 of the SW 1/4 of Section 14; Township 79 North; Range
5 West of the 5th P.M. in Johnson COlmty, Iowa (This is a 2-lot,
5.79 acre, residential subdivision, located on the east side Wapsi
Avenue SE, approximately 3/8 of a mile south of the intersection of
Wapsi Avenue SE and Lower West Branch Road SE in Scott Twp.).
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6. Application S9466 of Roy R. Walton requesting preliminary plat
approval of Walton's Subdivision, a subdivision located in the NW
1/4 of the SW 1/4 of Section 34; Township 79 North; Range 6 West
of the 5th P.M. in Johnson County, Iowa (This is a 6-10t, 30 acre,
residential subdivision with one non-buildable lot and one
agricultural lot, located on the east side of Oak Crest Hill Road SE,
approximately 1/4 of a mile south of the intersection of Oak Crest
Hill Road SE and Freund Road SE in West Lucas Twp.).
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7. Application S9469 of Dale A. Rebal requesting preliminary plat
approval of Rebal's First Subdivision, a subdivision located in the
W 1/2 of the NW 1/4 of Section 6; Township 80 North; Range 5
West of the 5th P.M. in Johnson County, Iowa (This is a 5-10t,
, 78.00 acre, residential subdivision, located between Iowa Highway
1 NE and Dillons Furrow Road NE, approximately 1/8 of a mile
north of the intersection of Iowa Highway 1 and Dillons g)lITow
Road NE in Newport Twp.).' ',,' ::',:
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From: Jo Hogartv
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Agenda 11-10-94
a) Report re: other items.
9. Business from the Board of Supervisors.
a) Other
10. Adjourn to informal meeting.
Page 5
11-9-94 9:23am p. 6 of 6
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a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors.
c) Report from the County Attorney.
d) Other
11. Adjournment.
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City of Iowa City
MEMORANDUM
DATE: November 18, 1994
TO: Ci ty Counci 1
FROM: City Manager
RE: Material in Information Packet
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Memorandum from the City Manager regarding Taxpayers' Rights Amendment. J g.3/.
Memoranda from the City Attorney:
a. Updated "how to" memo on requesting City Council approval 33
for use of sidewalks/public rights-of-way.
b. Ruling in City's Favor; David Munz v. Iowa City Police Officers ~83
Copies of letters from the City Attorney to:
a. Washington Park Partnership regarding offer to purchase property ~~
b. S&G Materials regarding clarification of offer to purchase a.
property
. c. Julia Mears and Jean Bartley regarding pigeon coop located
at 1345 East Davenport
Memoranda from the Director of Parking and Transit regarding:
a. Transit Route Extensions
b. East Side Loop - Plaen View Routes
Copy of letter from the Director of Parking and Transit to Gene Kroeger
regarding parking provisions for Holiday Inn.
Memoranda from the City Clerk:
a. Transcriptions of work sessions and formal meetings
b. E -Ma i 1
.29,46
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Copy of letter from the City Clerk to Teresa Wagner regarding total
number of people who voted at the last regular City election.
Memorandum from the Traffic Engineer regarding that Division's participation
in the Hospice Road Races.
Memorandum from the Fire Marshal and Associate Planner regarding
manufactured housin~ Fire Safety Program.
Memorandum from JCCOG regarding multi-family dwelling recycling committee.
Letters received by E-Mail from:
a. Ruth Cornick regarding trans~ripts of Council meetings
b. Kenneth Johnson regarding proposed utility rates
Letter from the State Historical Society of Iowa regarding an evaluation
of Iowa City's historic preservation program.
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Ci ty Council
November 18, 1994
Page 2
Letter from John Kennedy to West High School offering a temporary
solution to traffic problems.
Minutes of the September 15, 1994, meeting of the PATV Board of
Directors.
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Agendas for the November 15, November 17, and November 21 meetings
of the Johnson County Board of Supervisors.
Memo from City Clerk regarding Work Session of November 7, 1994.'
Copy of National League of Cities 1994 Final Legislative Report.
TO COUNCIL ONLY:
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Memoranda from the City Manager:
a. Miscellaneous (Pleasant Valley Golf Course-Kroeze Family;
SEATS information; Flower Garden right-of-way.
b. Vacation
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Agendas for the 11/22/94 Informal & 'formal meetings of the Johnson
County Board of Supervisors.
Copy of Statment from Council Member Throgmorton regarding "Should
Council Raise Water and Sewer Rates?"
Memo from Council Member Pigott regarding Outdoor Cafes in Iowa City.
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fees and charges for qualifying low income citizens.
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City of Iowa City
MEMORANDUM
Date: November 14, 1994
To: City Council
From: City Manager
Re: Taxpayers' Rights Amendment
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With the dramatic change in the makeup of the Iowa Legislature and the pronouncements by
Governor Branstad, one of the issues that will likely be brought forth is the proposed
Taxpayers' Rights Amendment. I have shared with you in the past my concern for this
legislation, primarily I believe it is badly written and could prove to be a financial disaster not
only for local governments, but also the State of Iowa. However, there appears to be genuine
interest in pursuing this issue and, a few years ago the Senate passed the legislation. It needs
to be approved by both houses' over a two-year period before it can proceed further.
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I have taken it upo'n myself to contact the League and ask that they try to develop some type
of computer program that will assist in calculating the financial impact on the cities in Iowa,
We will be doing some of our own in-house work and can provide some projections. If this
legislation is approved it will have significant consequences on our operating budgets.
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The League is quickly forming some "coalition" of interested public officials to deal with this
eventuality. I have been asked to participate and may need to go to Des Moines on short
notice. Unless I hear otherwise, I plan to be actively involved in the League's efforts to deal
with this proposed legislation.
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Department Directors
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City of Iowa City
MEMORANDUM
Date: November 17, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney
,
,
Re:
Updated "how to" memo on requesting City Council approval for use of
sidewalks/public right-of-way; making businesses physically accessible to
persons with disabilities
You may recall that last spring I forwarded a "how to" memo to you, setting forth City
procedures on getting City Council approval for use of public right-of-way by local businesses,
in order to provide physical accessibility to persons with disabilities - all in the spirit of
complying with the Americans with Disabilities Act (ADA). My information was forwarded
to the Downtown Association and the Iowa City Chamber of Commerce.
In following-up on some questions regarding my memo, together with a sample which I
provided last April, I met with several persons from the Council on Disability Rights and
Education (CORE). We discussed some of the language in the memo and easement, and I
agreed to clarify the language in order to avoid confusion, I also agreed to take a closer look
at the language, in order to avoid use of terminology which may well be seen as offensive and
demeaning.
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Attached please find my updated "how to" memo, together with a different easement sample,
for your information. I have been asked by the CDRE group to forward this updated memo
and easement sample to all builders and contractors in the area. Thus, unless I hear
otherwise, I will be asking the Housing and Inspection Services Department to assist me in
this communications and education effort.
Thank you very much for your attention, and I look forward to working with the citizenry of
Iowa City in order to better comply with the ADA.
cc:
City Clerk
City Manager
Assistant City Manager
CDRE, c/o Dale Helling
Anne Burnside, First Assistant City Attorney
Public Works Department and City Engineer
Doug Boothroy and Ron Boose, Housing & Inspection Services Department
Attachment
n\mnmos\how2upd.lnw
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City of Iowa City
MEMORANDUM
Date: November 18. 1994
From: Linda Newman Woito, City Attomey
To: Concemed Citizens and Businesses
Re: Updated Memo on 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
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At the City Council's request, I have prepared an outline of what local businesses and citizens
can do if they wish to use 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 an "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.
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A. Procedures for Requesting Use of Public Right.of.Way/Sidewalk
Use of public right-of-way or sidewalk can only be granted, under Iowa law, by the City Council.
Iowa law is explained in the second half of this memo, see below. Since the Council hires staff
to review such requests, prior to being presented at the Council's formal agenda, the following
procedures should be followed:
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.
1. Contact the City Department of Housing & Inspection Services Office (H&IS) at 356-
5120 and ask for Senior Building Inspector Ron Boose, He can help explain how your
business can comply with the ADA. Ron or someone in the H&IS Office can also give
you names of groups or contractors who can help you figure out a floor plan, remodeling
plan or construction ideas.
2.
Send a letter requesting the City Council enter into a "Use of Public Right-of-Way
Easement Agreement" to:
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Chuck Schmadeke, Director
Public Works Department
Civic Center
410 E. Washington
Iowa City, IA 52240
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3. The requesting letter to Public Works 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
o~ public right-of-way.
b, State other reasonable alternatives 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 - e.g, sliding "pocket doo~' versus traditional "swing out"
door.
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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 whether 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.
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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.
f.
A legal description of the property (e,g., Lot 10, Original Town), plus a street
address of the property,
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The business/property owner is encouraged to make their businesses and properties
physically accessible to persons with disabilities.
After review by Public Works/City Engineering, the application will be forwarded to the
City Attorney'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 create a safety hazard.
4.
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The applicant and property owner must first sign the easement agreement before staff
will place the matter on the City Council agenda,
7,
If both Public Works and the Cily 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.
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8. 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
meetings in her office, and also has a list of special meetings which the Council calls,
from time to time.
9. 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.
10, 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 Qrantino permanent riQht-of-wav easement to private partv.
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 dedic~ted 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. Citv of Oskaloosa. 143 Iowa 704, 711 (1909).
However, the City of Iowa City has previously granted easements for use of public right-of-way
for steps, 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 obstructionl
physical object [window, retaining wall, etc.]. However, before removal could be required by
the City, the City would have to have some legitimate reason to request removal. Also, the
property owner would be given ample written notice, as required by State law, ~364.12, Code
of Iowa (1993).
For this reason, all applications for 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 physical circumstances in each case.
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2. The r-o-w easement must be revocable. or subiect to beine 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, ~30.52, page 350.
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This means that the city must reserve the right to remove the physical object (e.g. a step or
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.
Additionally, the City must always reserve the right to remove the physical object if it becomes
a hazard or presents a safety problem.
3,
State law reeuires cities to keep public rieht-of-wav free from nuisance.
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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,..."
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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" under sJate law.
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 physical object. For this reason, the easement should
contain the following language:
"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 time 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. "
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See page 3, paragraph 6 of the attached 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 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:
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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 Attomey's Office (356-5030)
Attachments
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AGREEMENT FOR USE OF PUBUC RIGHT.Of.WAY BElWEEN
THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY
AND WALNUT RIDGE HOMEOWNER'S ASSOCIATION
'ThIs Agreement is made by and between Southgate Development Company, Inc., an Iowa
corporation ("Southgate"), the City of Iowa City, Iowa, a municipal corporation ("City"), and the
Walnut Ridge Homeowners Association, an Iowa non-profit corporation ("Homeowners
Association").
WHEREAS, Southgate is the developer of a certain real estate legally described as Walnut Ridge
> Subdivision; and
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WHEREAS, the Walnut Ridge Homeowners Association ("Homeowners Association") has certain
responsibilities, by reason of the subdivision agreements, for maintenance of certain portion of
right-of-way within the subdivision; and
'" WHEREAS, Southgate and the Homeowners Association seek City approval to locate distinctive
street and entrance signs wnhin the Walnut Ridge Subdivision street right-of-way; and
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WHEREAS, the public Interest would be served in granting approval of an Agreement for Use of
Street Right-of-Way.!n the following particulars:
1) The City's cost of installing and maintaining street signs would be reduced;
2) There would be no adverse effects on sight lines and traffic visibility;
3) There would be no adverse effects on abutting properties; and
4) A public purpose is served by the placement of street signs which identify names of City
streets;
and
WHEREAS, the Department of Public Works has approved the location of the street and entrance
signs; and
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WHEREAS, the City agrees to allow use 01 street right-ol-way within the Walnut Ridge Subdivision
for said purposes, subject to the terms and condlllons herein,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN,
IT IS AGREED AS FOllOWS:
1.
Excepllng those portions 01 Melrose Avenue rlght-ol-way within Walnut Ridge Subdivision,
Southgate shall be allowed to install and Homeowners Association shall maintain street
signs within the Walnut Ridge Subdivision ("Subdivision"), subject to City approval 01
grading and placement 01 said signs. The signs shall be constructed according to the
attached drawing, and shall be compatible with placement 01 sidewalks and street curbs.
Southgate and Homeowners Assoclallon lurther agree that the street and/or entrance
signs shall be located with a minimum 01 a three (3) loot clearance from the street paving,
and a minimum 01 a one (1) loot clearance Irom the sidewalks.
2. Southgate and Homeowners Association agree the height 01 the street and entrance
signs shall not exceed sixty (60) Inches In height, and lurther agree that street signs
within the subdivision shall be consistent with unilorm standards 01 street signs now used
in Iowa City,. namely using reflectorlzed paint.
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Southgate agrees.to construct the street and entrance signs In a manner acceptable to
the City, and Homeowners Association agrees to maintain the signs In good repair so as
to minimize danger and preserve aesthetic appeal.
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4.
In the event any 01 the street or entrance signs are replaced, lor any reason, Homeowners
Assoclallon agrees to replace said signs, subject to approval 01 the City Public Works
Department.
5.
Parties agree the City may require removal 01 any or all street and/or entrance signs upon
reasonable nollce to Southgate and Homeowners Assoclallon pursuant to Section 364.12,
Code 01 Iowa (1991). Upon such nollce, Southgate and/or Homeowners Assoclallon
agree to remove the signs from the City's right-of-way, or to relocate said signs to another
location within the right-ol-way acceptable to the City, and agree to do so within sixty (60)
days after being so ordered. In the event Southgate and/or Homeowners Association lall
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ordered, the City may remove them and the cost thereof assessed against the property
owned by the Homeowners Association In the manner provided In Section 364.12, Code
of Iowa (1991) as a property tax.
6.
Parties agree 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 street signs and/or entrance signs removed at any time
if, for any reason, the City Council determines that the property upon which the signs are
located should be cleared of any and all obstructions.
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7. This Agreement shall be binding on the parties hereto as well as their successors and
assigns, and shall be construed as a covenant running with the land and with the title to
the land owned by the Homeowners Association, according to the Subdivider's
Agreement and according to the Declaration of Homeowners Association separately
established.
,'In
Dated this _ day of
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,1992.
CITY OF IOWA CITY
By:
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Mayor
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Approved By:
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4
SOUTHGATE'S ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 2- day of LNII,miCt ,A,D, 199;1, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared ?, t 'tt ,,,,&,, aRd-
, to me personally known, who, beln by me duly sworn, did say
that they are the frt&tIt/J'!i:ami:. , respectively, of said
corporation executing the within and foregoing instrument to which this Is attached, that (fIG.
seal-Ras been procured BY the said) (the seal affixed thereto Is the seal of said) corporation; that
/ said instrument was signed (and sealed) on behalf of said corporation by authority of its Board
of Directors; and that the said (lW4J 11. !?t;1,f \I.:'7'TZM18flE1. as such officers
acknowledged the execution ofll said instrument to be the voluntary act and deed of said
corporation, by ~ and by them voluntarily executed,
~...... \ FAY CLINE
. . IlY COaIiIlSSlOIWPIREs
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Public in and for said County and State
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HOMEOWNERS ASSOCIATION ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this It) day of Jl'j~~/J'//"k/{ , A,D, 1916 before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared lit . t ~t411 8fld
, to me personally known, who, bei ' by me duly sworn, did say
. that they are the Ft-rl/JJ,(l?~"; __ , respectively, of said
corporation executing the within and foregoing instrument to which this Is attached, that (no
seal has been procured by the said) (the seal-allilled thereto is the seal of sala)-corporatlon; that
said Instrument was signed (and sealed) on behalf of said corporation by authority of Its Board
of Directors; and that the said ~diJ IlfJat t: 'J'td-hand as such officers
acknowledged the execution of said Instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed,
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Ndtary ,bllc In and for said County and State
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5
CITY'S ACKNOWLEDGMENT
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STATE OF IOWA )
) ss;
JOHNSON COUNTY )
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally appeared
Darrel G. Courtney 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 behalf 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 Darrel G. Courtney 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. I '
Notary Public In and for the State of Iowa
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City of Iowa City
MEMORANDUM
Date:
November 17, 1994
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To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney
Re:
Ruling in City's Favor; David Munz v. Iowa Citv Po ice Officers Revnolds,
Sueooel. Gass, Lalla and Droll; Federal Docket No. 4.93.cv.70041
Congratulations are in order to First Assistant City Attorney Anne Burnside and Assistant City
Attorney Sarah Holecek for a job well done in the above case. As you can see from the
attached memorandum opinion, federal judge Harold Vietor has ruled in favor of all the Iowa
City Police Officers named in this lawsuit.
You may recall that Mr. Munz claimed the Iowa City Police Officers used "excessive force"
in Munz' arrest, but that later during his criminal trial he stated that the, officers did nothing
whatsoever wrong to him. This ruling is a great relief for our Iowa City Police Officers, in
whom we have great faith and trust; and while Munz has 30 days to appeal to the eighth
circuit court of appeals, we feel confident that the City will continue to prevail.
I trust this will be of some assistance to you, but please do not hesitate to contact me if you
have any question.s,
cc: City Clerk
City Manager
Assistant City Manger
City Attorney Office Staff
Police Officers Reynolds, Sueppel, Gass, Lalla and Droll
Attachment
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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF IOWA S!41:~V -3 F~ 2: ll8
CENTRAL DIVISION
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DAVID JAMES MUNZ, *
*
Plaintiff, *
*
vs. *
*
ROBERT CARPENTER; DAVID *
WAGNER; WILLIAM ROCKAFELLOW; *
Officers REYNOLDS, SUEPPEL, *
GASS, LALLA, and DROLL, *
*
Defendants. *
NO. 4-93-cv-70041
MEMORANDUM OPINION,
RULINGS GRANTING
MOTIONS FOR SUMMARY
JUDGMENT AND DENYING
MOTION TO OVERCOME
DEFICIENCY, AND ORDER
OF DISMISSAL
This is an action brought by an inmate pro se under 42
U.S.C. 9 1983. Plaintiff alleges excessive force during his
arrest and initial detention.in jail, and the failure to give him
his prescription medication for post-traumatic stress while in
jail.
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Motions for Summary Judgment
Defendants Carpenter, Wagner, and Rockafellow move for
. summary judgment; defendants Reynolds, Sueppel, Gass, Lalla, and
Droll separately move for summary judgment. Plaintiff resists
both motions, and they are submitted.
Summary Judgment Standard
Rule 56 of the Federal Rules of Civil Procedure
provides that summary judgment "shall be rendered forthwith if
the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law."
Fed. R. Civ. P. 56(c). To preclude the entry of summary
judgment, the nonmovant must make a sufficient showing on every
essential element of its case for which it has the burden of
proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23
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(1986); Continental Grain Co. v, Frank ~eitzinoer Storaoe. Inc.,
837 F.2d 836, 838 (8th Cir. 1988). The nonmoving party must go
beyond the pleadings and by affidavits, or by the depositions,
answers to interrogatories, and admissions on file, designate
"specific facts showing that there is a genuine issue for trial."
Fed. R. Civ. P. 56(e); Celotex, 477 U.S. at 324; Johnson v.
Schoof, 669 F. Supp. 291, 295 (D. Minn. 1987). The quantum of
proof that the nonmoving party must produce is not precisely
measurable, but it must be "enough evidence so that a reasonable
jury could return a verdict for the nonmovant." Anderson v.
Libertv Lobbv. Inc., 477 U.S. 242, 257 (1986); Johnson, 669 F.
Supp. at 295-96.
On a motion for summary judgment, the court views all
the facts in the light most favorable to the nonmoving party, and
gives that party the benefit of all reasonable inferences that
can be drawn from the facts. United States v. City of Columbia.
Mo., 914, F.2d 151,153 (8th Cir. 1990); woodsmith publishino Co.
v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir. 1990).
Facts
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The following facts are either undisputed or represent
plaintiff's version. Defendant Carpenter is Johnson County
Sheriff; defendants Wagner and Rockafellow are deputy sheriffs.
Defendants Reynolds, Sueppel, Gass, Lalla, and Droll are Iowa
City police officers. On October 21, 1992, Iowa City police
officers arrested plaintiff David Munz for burglary, and brought
him to the Johnson County Jail. Plaintiff physically resisted
arrest, and the officers used force to take him into custody and
put him in restraints to avoid injury during transportation to
the jail. Defendants' Affidavits. Plaintiff has no specific
recollection about which officer did what or what injuries he
received as a result. Plaintiff's Dep. at 52, 86-87.
Defendants Sueppel, Reynolds, Lalla, and Droll .did not
notice any visible or apparent injuries when they brought
plaintiff to the jail, and he did not complain of injuries,
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mention medication, or ask for medication. See Affidavits, The
only time that plaintiff mentioned medication in defendant Gass's
presence was after plaintiff was finally in his cell and in the
custody and care of the county. Gass Affidavit at 3.
Plaintiff has no recollection of what took place after
arriving at the jail on October 21 until a couple of days later
when he was moved to another cell. Dep. at 57. Plaintiff has no
present recollection of what injuries defendant Rockafellow
caused him. Dep. at 61. ' Defendants Carpenter and Wagner did not
touch plaintiff during the alleged incidents. Dep. at 74-75.
On October 22, 1992, T.T. Bozek, a licensed medical
doctor for the Johnson County Jail, evaluated plaintiff's
condition and consulted with plaintiff's psychiatrist at the
University of Iowa Hospitals. Wagner Affidavit. Dr. Bozek
informed jail staff on October 22 that plaintiff did not need any
medication.at that time, and that the medication should be kept
in case it was needed at a later time. Id. Dr. Bozek saw
plaintiff on October 27, 1992; the next day, Dr. Bozek asked jail
staff to arrange for an appointment'for plaintiff at the
University Hospitals. Id. Plaintiff was seen at the University
Hospitals psychiatric outpatient clinic on October 29. Id. On
October 30, Dr. Bozek advised jail staff that plaintiff still did.
not need the medication. Id.
Plaintiff was held in the jail until February 6, 1993;
on May 9, 1994, he was convicted of second-degree burglary and
interference with official acts causing injury.
Discussion
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Both defendants' motions assert that they are entitled
to summary judgment on plaintiff's claims because: (1) plaintiff
cannot establish a genuine issue of material fact to support his
excessive force claim; and (2) defendants are entitled to
qualified immunity as to the denial of medical treatment claim.
Excessive Force
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Defendants submit excerpts from plaintiff's May 12,
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1994 deposition, their own affidavits, and various police reports
in support of their contentions that plaintiff has no personal
recollection of what occurred or which officers or deputies did
what, that plaintiff has no documents showing injuries, and that
any force used during his arrest and detention in jail was only
the amount necessary to counter his resistance and combativeness.
Plaintiff's resistances to the motions are simply
further allegations of fact, unsworn and undocumented. He is now
specific about what happened during his arrest and which officers
did what. His only explanation for why he now remembers the
incident clearly, as opposed to during his deposition a few
months ago, is his assertion that he was confused, he had no
records with which to refresh his memory, and that psychiatric
treatment has helped his memory. Plaintiff provides no
affidavits or other appropriate documents which would raise a
genuine issue of fact sufficient to overcome the summary judgment
motions which are supported by affidavits and plaintiff's own
sworn testimony. See Miller v. Solem, 728 F.2d 1020, 1024 (8th
Cir.), cert. denied, 469 U.S. 841 (1984). Therefore, both
motions will be granted on this issue.
Denial of Medication and Medical Treatment
When defendants assert they are entitled to qualified
immunity, the court must determine: (1) whether plaintiff has
asserted a violation of a constitutional. right; (2) whether the
allegedly violated constitutional right was clearly established;
and (3) given the facts most favorable to plaintiff, if there are
no genuine issues of material fact as to whether a reasonable
official would have known that the alleged actions violated that
right. See Foulks v. Cole County, 991 F.2d 454, 456 (8th Cir.
1993). Defendants assume for the purposes of the motions that
the first two inquiries are met. See Estelle v. Gamble, 429 U.S.
97 (1976); Foulks, 991 F.2d at 456-57., Therefore, plaintiff
"must show there is a genuine issue of material fact as to
whether the defendants were deliberately indifferent by failing
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to *** allow proper medical treatment." Foulks, 991 ,F. 2d at 457.
According to their affidavits, none of the defendant
police officers heard plaintiff complain about injuries or ask
for medication; only one officer heard plaintiff mention
medication and that was after he was in his cell and in the care
and custody of the county. Plaintiff alleges that the Iowa City
officers enlisted the help of the county deputies to deprive him
of his medication and medical treatment. Plaintiff's unsworn and
unsupported bare allegation, however, is again insufficient to
create a genuine issue of material fact to overcome defendants'
motion supported by their affidavits. There is no factual issue
about whether defendants deliberately disregarded plaintiff's
need or request for medical care; therefore, the defendant police
officers are entitled to qualified immunity.
As to the defendant county deputies, plaintiff asserts
in his resistance that they intentionally deprived plaintiff of
his medication; they never contacted plaintiff's personal doctor;
and they knew he suffered severe physical injuries. Defendant
Wagner's affidavit shows that plaintiff was seen by the doctor'
for the jail the day after his arrest, that the doctor consulted
with plaintiff's psychiatrist at the University Hospital, and
that he was seen by doctors at the University Hospital
psychiatric outpatient clinic a week later. These doctors
determined that he did not need medication at that time, and the
jail staff was so informed. Plaintiff's only response to these
facts is that the county and state doctors were biased against
plaintiff's personal doctor's opinion. Plaintiff's unsworn and
unsupported allegations are not sufficient to raise a genuine
issue of material fact in support of his claim that the defendant
deputies were deliberately indifferent to serious medical needs.
All moving defendants, therefore, are entitled to
qualified immunity as to plaintiff's claims for damages. The
only injunctive relief plaintiff requests in his complaint is an
injunction "against the defendants from any further denial,
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hinderance of prescribed treatment & from retaliation against
Plaintiff." Plaintiff is no longer incarcerated in the Johnson
County Jail; therefore, his claim for injunctive relief is moot
and will be dismissed.
"Motion to Overcome Deficiency"
Plaintiff files a "Motion to Overcome Deficiency"
relating to an Order Denying Motion of Recusal entered June 13,
1994, by then Magistrate Judge Mark Bennett. The court treats
plaintiff's motion as an appeal from Judge Bennett's Order.
Because the Order is not clearly erroneous or contrary to law,
plaintiff's motion will be denied.
Rulings and Order
Plaintiff's "Motion to Overcome Deficiency," filed June
21, 1994, is DENIED. The motion for summary judgment by
defendants Carpenter, Wagner, and Rockafellow, filed June 15,
.
1994, is GRANTED. The motion for summary judgment by defendants
Reynolds, Gass, Lalla, Sueppel, and Droll, filed August 23, 1994,
is GRANTED.
IT IS ORDERED that judgment'be entered in favor of
,
defendants and against plaintiff, and that this case be DISMISSED
with prejudice.
Dated this
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QJ~~~
ROLD D. VIETOR, Judge
Southern District of Iowa
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CITY OF IOWA CITY
November 14, 1994
Washington Park Partnership, an Iowa General Partnership
c/o William L. Meardon
Meardon, Sueppel, Downer & Hayes
122 S. Linn St.
Iowa City, IA 52240
Re: Clarification of offer to purchase property dated November 8, 1994; Iowa City water
supply and treatment facility
Gentlemen:
This is to clarify that the City of Iowa City is not using, nor intending to use, any federal funds
or federal assistance on the above project. For this reason, you will not be entitled to any
federal relocation benefits pursuant to Chapter 61 of Title 42, entitled "Uniform Relocation
Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs. "
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Should this arrangement change, I will give you appropriate notice - all as required by federal
law.
Respectfully submitted,
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Lin a Newman Woito
City Attorney
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David Brown, Outside Counsel
Steve Atkins, City Manager
City Council - FYI
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410 EAST WASHINOTON STR'EET' IOWA CITY. IOWA 11240.1Il6' (1191 116.1000' FAX lll9) 116.1009
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CITY OF IOWA CITY
November 14, 1994
S&G Materials, an Iowa General Partnership
c/o William L. Meardon
Meardon, Sueppel, Downer & Hayes
122 S. Linn St.
Iowa City, IA 52240
Re: Clarification of offer to purchase property dated November 8, 1994; Iowa City water
supply and treatment facility
Gentlemen:
This is to clarify that the City of Iowa City is not using, nor intending to use, any federal funds
or federal assistance on the above project. For this reason, you will not be entitled to any
federal relocation benefits pursuant to Chapter 61 of Title 42, entitled "Uniform Relocation
Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs, "
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Should this arrangement change, I will give you appropriate notice - all as required by federal
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Respectfully submitted,
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in a Newman
Cit Attorney
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CITY OF IOWA CITY
Julia Mears Law Office
Paul-Helen Building
Iowa City, Iowa 52240.
Attorney for Mary Ann Rasmussen
Jean Bartley
Bartley Law Offices
528 South Clinton
Iowa City, Iowa 52240
Attorney for Mr, Seydel
Re: Pigeon Coop Located at 1345 East Davenport
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Dear Julia and Jean:
I am writing to suggest that the three parties involved in this matter, namely the neighboring property
owner Mary Ann Rasmussen together with the owner of the pigeon coop property Mr. Seydel, plus the
City of Iowa City, participate in mediation in order to resolve at least some of the issues concerning the
existing pigeon coop.
I have been in touch with several mediators from the east central region of the Iowa Mediation Service,
located in Cedar Rapids, Iowa and coordinated by Ginna Booth. This service requires that all three
parties would pay for the mediation, but that the matters could probably be solved within a matter of 1-2
hours - which would actually be a less expensive method of resolution, as opposed to the City's filing
a municipal infractio~ complaint. '
While this mediation offer may not resolve all the issues, namely Ms. Rasmussen's claims for medical
care, mediation could well resolve matters of how these two neighbors can better live side by side,
Thank you very much for your attention to this matter, and I look forward to hearing from you soon.
Cordially yours,
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Linda Ne man Woito
City Attorney
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cc: City Council
Marian Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Ann Burnside, First Assistant City Attorney
Pat Cone-Fisher, Assistant City Attorney
Terry Goerdt, BUilding Inspector
Ron Boose, Director, Housing and Inspection
File
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City of Iowa City
MEMORANDUM
Date: November 17, 1994
To: Stephen Atkins, City Manager
From: Joe Fowler, Director Parking & Transit :;.-'
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/ Reference: Transit Route Extensions
Iowa City Transit has received two requests to extend current routes to additional areas within
Iowa City. Both of these changes can be accomplished without adding additional time or cost to
our current system. The requests have been to extend Court Hill to serve the area east and
south of the Court and Friendship Streets and extend North Dodge to serve the area north and
west of Dodge Street and Old Dubuque Road.
Beginning Monday November 14, 1994 the Court Hill Route was extended to serve Petersen,
Shamrock Place, Shamrock, Vista Place, Arbor Drive, Arbor Circle, and Beech Street. This
extension was done at the request of current transit riders who live in the area and had been
walking up to four blocks to reach the previous route.
This extension was completed at no additional cost. Instead of waiting at the layover point at
Friendship and Court Streets the bus travels the additional seven blocks necessary to make this
, loop. Twenty to twenty five riders are receiving a higher level of service due to this extension.
There have been some new riders in this area since the change.
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The extension of service beyond Old Dubuque Road and North Dodge Street is still under study.
Service could be extended to the area by continuing north on Dodge Street to either the north
intersection of Dodge and Old Dubuque Road or Dodge and Bristol Drive. Using Old Dubuque
Road provides the bast service area but the condition of the road is a concern. This extension
would provide additional service to Old Dubuque Road, Bristol, and the Oaks Drive area.
With one exception, the current Iowa City Transit routes were established during the 1970's.
They were not altered as the community grew. If Transit is to grow with the community it must
adapt to the changes in growth patterns. We believe changes such as these which can be
accomplished with no additional cost and increase service level to the citizens should be given
serious consideration whenever practical.
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City of Iowa City
. MEMORANDUM
Date: November 17, 1994
To: Stephen Atkins, City Manager
From: Joe Fowler, Director Parking & Transit ~
Reference: East Side Loop. Plaen View Routes
As directed by Council at the November 7 informal session Iowa City Transit will implement the
following changes:
The Plaen View Route will be extended to serve the WestwindsfMelrose Ave.
areas.
An East Side Loop service will begin providing service from the Grant
Wood/Lakeside Area to the Northeast area of Iowa City,
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The Plaen View extension will begin the week of December 19. This date was selected to
coincide with the University of Iowa's winter class break. Extension of the route will increase
service to the WestwindslMelrose Avenue area without decreasing the current service area. It
will require some riders to extend their trip as they are currently catching the inbound bus. Notice
of this change will ~e posted on the buses and at the stops prior to the change.
The East Side Loop will start January 3, 1995. After discussions with residents of the Grant
Wood Neighborhood Association it was determined that this would be the best time to start
service. This will be a split route with service only during the morning and afternoon rush hours.
There will be no midday service in this area. On December 8 Transit employees will meet with
the Grant Wood Neighborhood Association. Following this meeting the exact route and time
schedule information will be .developed. The route will have 30 minute service and will connect
with other transit routes serving the CBD. I have attached a preliminary route that does not detail
the Grant Wood area.
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To implement the East Side Loop Transit a full time position will need to be added. A current part
time employee will be assigned to temporary full time status. A temporary employee will be hired
to replace this person.
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Funding for this expansion of service should be available within the current budget projections.
This is a result of state and federal funding being higher than anticipated this year.
cc: Jeff Davidson, JCCOG
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CITY OF IOWA CITY
November 17, 1994
Gene Kroeger
Lepic Kroeger Realtors
500 S. Dubuque St.
Iowa City, IA 52240
Dear Gene:
At the present time the City of Iowa City provides parking to the Holiday Inn. The contract
is for 720,000 hours of parking per year. The cost is based upon the currently monthly permit
charge in the Dubuque Street ramp. Holiday Inn pays the regular hourly rate for all hours in
excess of 720,000. The City reserves the right to provide parking in either the Dubuque
Street or Capitol Street ramps and limits parking to vehicles seven feet or less in height.
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There currently is parking available in the system to accommodate 100 additional vehicles
based on the parking pattern you have described - evening and overnight. Currently there is
space available in' the Dubuque Street ramp during the evening hours. The potential for
conflicts exists between the hours of 10:00 a.m. and 4:00 p.m. when the space availability
is limited. The City would reserve the right to provide parking in either structure and limit
vehicle height as it has with Holiday Inn.
If you have any further questions, please contact me.
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Parking and Transit Director
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Stephen Atkins, City Manager
Karin Franklin
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City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
November 15, 1994
Mayor and City Council
Marian K. Karr, City Clerk ~i
Transcriptions of work sessions and formal meetings
Based on Council discussion of November 7, 1994, the following policy is recommended for the
retention and distribution of Council transcriptions effective with the November 7 and 8 meetings.
Transcriptions of both work sessions and formal Council meetings will be available five
(5) working days after each meeting, and retained for a period of one year. The
transcriptions will be available in both hard copy (microfilmed) text for .10 cents per
page or available on computer diskette for $1.85 per diskette. Only City furnished
diskettes will be used. No refunds, exchanges or add-on's to previously furnished
diskettes will be honored. All diskettes requested will be on DOS 31/2" diskette.
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City of Iowa City
MEMORANDUM
DATE: November 17, 1994
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~ ~
/ RE: E-Mail
In response to questions here's my policy for handling E-Mail messages coming to my office.
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I check my messages first thing in the morning. Copies are made at that time, distributed
accordingly, and deleted off E-Mail. If messages are addressed to the City Council they will be
distributed at the next Council meeting or the next information packet, whichever is earliest.
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E-Mail messages will be handled as information packet items only and will not be accepted as
official correspondence.
I do not respond to E-Mail messages via computer. If they are addressed to me and a response
is necessary, I will phone the person directly.
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CITY OF IOWA CITY
November 15, 1994
Teresa R. Wagner, Atty.
Barker, Cruise, Kennedy & Houghton
920 S. Dubuque st.; P.O. Box 2000
Iowa city, IA
52244
Dear Ms. Wagner:
I am in receipt of your letter of November 14 requesting the total
number of people who voted at the last regular city election.
According to the Johnson county Auditor official records, the last
regular city election was held November 2, 1993, and the number of
residents who voted was 7,929.
Please feel free to call me (356-5040), or the Johnson county
Auditor's office (356-6004), with any further questions you may
have.
Sincerely,
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Marlan K. Karr, CMC/AAE
City Clerk
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city Manager
city Attorney
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410 EAST WASHINOTON STREET. IOWA CITY, IOWA 1l240.lll6. Oil) 3l6.1000. FAX (19) ll6.1009
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City of Iowa City
MEMORANDUM
Date: November 1/ 1994
To:
Steve Atkins, City Manager
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From: James Brachtel, Traffic Engineer
Re: Traffic Engineering Division/s Participation in Hospice Race
The 1994 Hospice Race required that a detour be assembled for Iowa Highway #1 in
downtown Iowa City. The route of the detour for Iowa Highway 1 was determined by the
Iowa Department of Transportation's resident maintenance engineer. Iowa DOT provided the
necessary sign blanks for the detour.
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A three-man Traffic Engineering crew spent Thursday prior to the race assembling, installing
and covering the appropriate detour signs which routed Highway 1 traffic from Burlington
Street onto Clinton Street to the one-way couplet of Market and Jefferson to the one-way
couplet of Dodge and Governor. On Sunday - race day - a two-man Traffic Engineering crew
uncovered the detour signs establishing the detour prior to the race. At the conclusion of the
racer the same two-man crew took the detour signs down, returning highway traffic to the
normal route for Iowa Highway 1 through Iowa City. On Monday following race day, a two-
man crew disassembled the detour signage and returned the sign blanks to the Iowa DOT
maintenance facili~y at Oakdale.
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Total monetary value of Traffic Engineering/s contribution was $891.96. Of this total,
$776.06 was labor, $165 was equipment'rental, and $50.90 was material cost.
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City of Iowa City
MEMORANDUM
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Date: November 16, 1994
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To: City Council and City Manager
From: Steve Long, Associate PlannA~
Andy Rocca, Fire Marshal ~
Re: Manufactured Housing Fire Safety Program
As you may recall, $11,250 in 1994 Community Development Block Grant funds were allocated
to a Manufactured Housing Fire Safety program this year. To implement this program the Iowa
City Fire Department, using these funds, recently purchased 500 smoke detectors and 200 fire
extinguishers to distribute to manufactured housing owners in Iowa City.
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Aflyer was sent to each manufactured housing owner (nearly 1000) explaining that one smoke
detector per bedroom and one fire extinguisher per home will be available at no charge. The
homeowner simply fills out a short questionnaire and stops by the Fire Department to pick up the
smoke detectors and fire extinguisher. If the homeowner is elderly or disabled they are asked
to contact the Elderly Services Agency which will assist with the distribution and installation of the
smoke detectors and fire extinguishers. To ensure that the equipment is properly installed, a
Community Development Division staff member will be calling and visiting each participating
home.
If you have any questions about the program, please feel free to call Steve Long at 356.5250 or
Andy Rocca at 356.5257.
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Date: November 15, 1994
To: Steve Atkins, City Manager
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From: Brad Neumann
Re: Multi.Family Dwelling Recycling Committee
The first meeting of the JCCOG Multi-Family Dwelling Recycling Committee met on Tuesday,
November 1, Those present included:
Ed Bowers. City of Coralville Sanitation Dept.
Nanette Scott. Lincoln Real Estate
Nick Yutzy. N&N Sanitation
Carol Casey. University of Iowa
Tim Wolfe. Iowa City Cleanup & Transfer
Wes Fotsch . MOD POD Inc.
Gene Kehoe. AUR Apts.
Anna Buss. AB Property Management
Jim Barker. Apartment Owners Association
Larry Svoboda. Campus View Apartments
Josh Perlman. UI Environmental Coalition
John Ockenfels . City Carton Co.
Dave Klockau . City Carton Co,
Floyde Pelkey - City of Iowa City Sanitation Division
Brad Neumann. Johnson County Council of Governments
The Committee discussed barriers to recycling in multi.family dwellings. The principal barriers
outlined were cost; voluntary vs. mandatory programs; sorting and collection; and lire and zoning
codes.
BARRIERS TO MULTI.FAMILY DWELLING RECYCLING
1. Costs related to a recycling program.
The most obvious barrier is cost. Most owners and managers do not believe they would
save money by recycling. They do not anticipate the needed volume reduction would
occur in a recycling program to reduce refuse collection and disposal fees. They would
have the expense for providing a container, and would be charged by their private hauler
and the material collected may not bring in any revenue because of the small volumes.
Some materials may require a fee for a hauler to take it.
2. Voluntary vs. mandatory recycling program
The committee members agreed that it will be difficult to police mandatory recycling in
multi.family units since all tenants typically use a common disposal site. If recycling is not
mandatory, the volume of recyclables needed to reduce refuse collection costs will not be
attained. Voluntary programs will be difficult because of the high transient population,
Education will need to be frequent and very simple.
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3. Recycling collection.
Some committee members felt local governments should build a resource recovery facility,
accept refuse from multi-family dwellings, and sort out the recyclables. This type of
system would eliminate the need for individual multi-family recycling collection systems.
The committee acknowledged that a resource recovery system is very labor intensive,
expensive, and produces dirty material which is difficult to market compared to clean
material.
Recycling collection needs to be as simple as possible. One idea was to recycle only
paper products in multi-family dwellings. Accepting only one type of material would make
education easier, and paper comprises the largest portion of the residential waste stream.
No sorting would be needed, and existing refuse collection vehicles could be used.
Special recycling collection vehicles are expensive, and most private haulers cannot afford
to make that large of an investment for multi-family recycling.
4. Zoning/Fire Code
Most multi-family dwellings are limited in space for recycling collection. Collection inside
the building is more labor intensive for the refuse hauler, and complying with fire codes
becomes a problem. Outside collection usually requires displacing a parking space. An
additional parking space may be displaced so the collection vehicle can get to the
recycling area. In order for large scale recycling to exist at multi-family dwelling buildings,
parking requirements may need to be modified.
OTHER ISSUES TO CONSIDER
1. Mobile recy,cling collection.
This system entails a trailer which is stationed at different apartment buildings on selected
days. The committee felt that with this type of system volumes collected would be very
low, and the program would require a lot of education. This system is inconvenient for
residents when compared to a permanent collection site. Coralville representatives
reported on their mobile recycling pilot program, which has not gotten much use.
2.
Landfill bans and unit based rates
The committee definitely felt banning items to force recycling is not the answer. This
would cause problems such as how to police the ban, and implementing penalties for
illegal dumping. The committee felt Iowa City should reconsider unit-based rates for their
curbside collection because of the impact on multi-family dumpsters. The owners and
managers are already having problems in communities with unit-based pricing.
POSSIBLE SOLUTIONS TO BE DISCUSSED
1.
Treat each building individually.
Handling multi-family dwelling recycling programs on an individual basis would allow each
building to develop a program based on lheir particular situation. Each apartment building
has its own unique configuration and parking layout, varies in size and population
characteristics, utilizes different private haulers for refuse service, and will require different
sized containers for recycling collection. Treating each building individually will allow for
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joint projects such as the sharing of recycling collection areas in large multi.family dwelling
clusters.
2. Adjust parking requirements in multl.famify lanes.
Adjusting parking requirements is a priority. If current requirements are not changed, most
recycling programs will not have room to operate. Allowances must be made so that
required parking spaces are permitted to be converted into areas for recycling collection.
Requiring new buildings to provide recycling space is recommended, but without a
commensurate reduction in required parking spaces, housing costs will be driven up.
3. Pilot coifection program.
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The committee felt that a pilot recycling collection project is needed to gather information
on how much material can be expected to be recovered on a per unit basis. This would
also help determine how much money might be saved on refuse collection fees. The pilot
program would use volunteer apartment buildings to test individual collection methods.
City Carton Co. is interested in experimenting with co-mingled paper from multi.family
dwellings. If successful, this would make paper collection much easier.
"
The committee also felt that trying to recycling lower volume items such as glass, plastic
and metal is not worth the added cost of collection, at least initially. Those materials can
be added later if paper collection is successful. Mobile home parks should be included
in this program.
FUTURE MEETING
The committee developed a list of issues that should be dealt with in subcommittees. The
subcommittees will iorm recommendations that will be discussed by the entire committee and put
into final recommendations for local governments. The subcommittee issues include:
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· Pilot collection project
· Zoning requirements/parking space requirements
· Expense of recycling program
· Education, convenience, motivation
· Markets for materials
· Private hauler collection vs. municipal collection
The next meeting is scheduled for November 14. At this meeting, subcommittees will be formed
and invitations extended for more people to participate.
cc: Jeff Davidson
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From mkarr@blue.weeg.uiowa.edu Mon Nov 14 15:21:21 1994
Date: Mon, 14 Nov 1994 08:24:01 -0600 (CST)
From: "M. Karr" <mkarr@blue,weeg.uiowa.edu>
To: "K. OMalley" <komalley@blue.weeg.uiowa.edu>
Subject: Forwarded mail....
please copy
';"
---------- Forwarded message ----------
Date: Wed, 9 Nov 1994 15:34:52 GMT
From: Ruth Cornick <rcornick@lust.isca.uiowa.edu>
To: mkarr@blue.weeg.uiowa.edu
Subject:
'!'
f'
Regarding: word for word transcripts of city council meetings
I think it is an excellent idea to provide on-line word for word
transcripts
of city council meetings. It provides quick and easy access to
this information
to a public that is often too busy to go to the city clerk's office
to purchase
a diskette as well as providing the opportunity to read for oneself
what
transpires at a meeting free from the subjectivity of the reporting
medium.
Thank you. Ruth Cornick, 1513 Buresh Avenue, Iowa City, IA 52245.
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From mkarr@blue.weeg.uiowa.edu Mon Nov 14 15:21:55
Date: Mon, 14 Nov 1994 08:24:26 -0600 (CST)
From: "M. Karr" <mkarr@blue.weeg.uiowa.edu>
To: "K. OMalley" <komalley@blue,weeg.uiowa.edu>
Subject: Water Increase (fwd)
1994
please copy
---------- Forwarded message ----------
Date: Fri, 11 Nov 1994 12:24:30 -0600 (CST)
From: kenneth johnson <kjohnsn@blue.weeg.uiowa.edu>
To: City Hall Iowa City <mkarr@blue.weeg.uiowa.edu>
Subject: Water Increase
,
I'm writing to strongly protest the City Council consideration of
rising
our water/sewer rate by about 125% in two years.
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,
My Wife and I have two Children and can barely make ends meet. The
actions of the Council show that they are out of touch with the
comunity
of Iowa City and gives new meaning to the words "Affordable
Housing" .
This action proves that the Council and Planning Boards have
nothing but
money and the bottom line on their minds.
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If the council is so concerned about city growth, why not examine
the .
plight of working families. Not everyone in Iowa City is a student
and
temporary resident. If the city continues such gross tax
mismangement,
families like ours will be forced to move elsewhere. This would
reduce
your tax base further, causing all manner of problems.
My advice to the City is to think long and hard about what it is
about to do.
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Kenneth Johnson, 2502 Nevada Ave, Iowa City, IA
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State Historical Society of Iowa
Th~ Historical Division of the Department of Cultural Affairs
October 27, 1994
The Honorable Susan M. Horowitz
410 E. Washington
Iowa City, IA 52240
Dear Mayor Horowitz:
Enclosed please fmd an evaluation of Iowa City's historic preservation program and the
perfonnance of the City's historic preservation commission during Federal Fiscal Year 1993,
October 11992 through September 3D, 1993. The evaluation was based on the commission's
annual report for the fiscal year. The evaluation was conducted in compliance with Certified
Local Government (CLG) program requirements to insure that participants are following
federal mandates and fulfilling the provisions of the CLG Agreement between the State of
Iowa and the City of Iowa City.
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I continue to be impressed by the amount that each historic preservation commission
accomplishes during the year. Reviewing the annual reports is an infonnative and interesting
experience, given the diversity of activities undertaken by Iowa's commissions. Keep up the
good work.
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Sincerely,
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Kerry C. McGrath
Local Governments Coordinator
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cc: Mr. Douglas S. Russell, Chainnan, Iowa City Historic Preservation Commission
Mr. Robert Miklo, Department of Planning and Community Development v
Mr. David Crosson, State Historic Preservation Officer
Ms, Patricia Ohlerking, Community Programs Bureau Chief
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CLG EVALUATION FORM
FOR FY93: October 1, 1992 - September 30, 1993
I certify that the Iowa City historic preservation program and historic preservation
commi!tQon
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for participation in the Certified Local Government program.
will be in conformance when the fonowing conditions are met:
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Comments: Iowa City has developed an outstanding city-wide historic preservation
program. The City and its Historic Preservation Commission have established a model
program for other Iowa cities and counties to emulate. The preservation plan has
gained national attention. Commission members regularly participate in regional and
state-wide preservation workshops, often as presenters. Regardless of their role in the
workshop, they always are valuable contributors, sharing the wealth of experience Iowa
City has gained while developing its preservation program. Congratulations to all and
particular thanks to Douglas Russell, Chairman of the Historic Preservation
Commission, and Mr. Robert Miklo, Department of Planning and Community
Development.
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Reviewer:
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Kerry C. M~Grath, Local Govermnents Coordinator
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Date: October 27, 1994
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Jerry Arganbright
West High School
2901 Melrose Ave
Iowa City, Iowa 52246
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Dear Jerry,
I would like to offer a temporary solution to the traffic danger at West High. I suggest
using the east driveway as the entrance and the west driveway as the exit. This increases
line of sight by a great deal. The exiting traffic would almost all be turning
right.
I feel that a stop sign or stop light only increases the danger until the hill is cut down.
Any kind of signal would give students a false security about turning left. With a skiff of
snow, it might be imossible for an east bound car to stop.
After the hill is cut down, the signal might be of value. Since I am a nearby landowner
(Walnut Ridge) I am aware of the danger. When Interstate 218 was put in the highway
, . commission offered to four lane Melrose to the Interstate and pay the entire cost.
This was blocked by the Iowa City Council who wanted no west side development. ()
This decision was spearheaded by Mary Neuhauser.
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I hope you will consider this alterative.
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John W. (Gil Kennedy
410 Woodridge Ave
Iowa City, Iowa 52245
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CC; Steve Atkins
Civic Center
Iowa City, Iowa 52240
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Amended and Approved
PATV BOARD OF DIRECTORS MINUTES
Thursday, September 15, 1994
Senior Cnlzens Center
The meeting was called to order by Chairman Doug Anaire at 7:03 pm.
Present:
Doug Allaire, LIda Cochran, Steve Holmes, Maureen McCormick, Scott
Steve Wurtzler, Jan Cureton
Renee Paine
Beth Fisher
Derek Maurer, Larry Quigley
Murray,
Stall:
lllrary.
Ptblic:
M I n utes: It was moved (Cochran) and seconded (McCormick) that the August minutes be approved
as amended. The motion carried,
Announcements: None
Reports: .aE: No rerresentative present. Allaire said that he had received their packet, and
apparently there is some confusion about services provided for Coralville. PATV does not
make a distinction between residents of Iowa City and Coralville.
Librarv: Beth Fisher announced that an Assistant Director, Liz Nichols, has been hired,
She comes from Stockton, California. She also stated that some of the Lilxary staff will be
taking Colin's workshop next week.
rn None
~Allaire announced that Rob Lewis win be the Board Nominee at the October
General Meeting. Gred Easley, Derrick Honore, and Larry Quigley have been asked
to serve on the Board, stanlng in November. He has contacted Mike Preftakes to see if he
wished to continue on the Board, but received no response.
Allaire also stated that the Commerce Department has set aside $26,000,000, this fiscal
year for experiments in community networking. He suggested that we see about getting a
grant to explore possibilnles for community networking in Iowa City,
Finance Committee: McCormick saklthat the committee (Cureton, Hohnes) will meet on
Monday, Sept, 26, at the Ubrary, to set up ideas for fund raising. She will invite Linda
Brigance to the meeting, She fett that a corporate sponsor would be very helpful for a
fundraiser, and asked board members to suggest possible sponsors. The committee is
charged with creating a list of fundraising ideas to be brought to the Board for approval.
Administrative Committe.lt.. The committee will meet with Drew SChaffer on Tuesday, Sept.
20th, about the PA TV proposal for a Community Program consuttant. Cureton brought up
the experment with CTG with the League of Women Voters, and Allaire asked whether
we want to be involved with CTG or not, Palne OOjected, saying that p'oducing a show for
the League is not what PATV stated n would do In tho proposal. Discussion followed but
no definite conclusion was reached.
Allaire also stated that the Administrative Committee needs to meet to refine
procedures for identifying possible Board members,
Outreach Committee: (Murray, Cochran) will meet at the Access Center on Wednesday,
September 21, at 2:00 pm, to discuss PSA's and Annual Meeting, Allaire will ask Greg
Easley n he will make the speech at that meeting,
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Management: Paine announced that she is still working on the Staff Manual.
Megan Rile has been hired as a production specialist. She was a summer intern. At the
moment, they have 4 applications for internships. They wUltake the workshops and then
be given a choice as to what staff produced programs they wish to work on. Discussion
followed as to whether interns could be given a project such as the programs for the
League of Women Voters, (J' do they decide what programs they want to work on. No
resolution was reached.
Proposale for staff-assisted series programs have been received, and selection will be
made In October, using the new Production Guidelines, and the Compliance Agreement.
Paine also stated that the Internet question needs to be addressed, to determine how or
whether it fits within the PATV mission, and how it would be staffed and funded. Allaire
said that perhaps we need an Ad-Hoc committee to Investigate the possibilities. Mc
Cormick offered the opinion that Greg Easley would be an excellent choice to head the
committee. .
It was moved (Cochran) lInd seconded (Holmes) that an Ad-Hoc Committee be created to
eXDlore the feasibility of Internet. The motion oassed' McCormick suggested that Rusty
Martin might be willing to serve on this committee, since he is a volunteer producer, One
of the questions which needs to be answered, 'Does the Internet tie PA TV to cable?".
Allaire will appoint other members to the committee In addition to Easley.
Old Buslness:Grantwriter: Subject already covered In Finance Report.
Series Programmino: No further report.
New Business: Volunteers: Steve Holmes said that he was concerned about reports that volunteers
weren't reliable, and would like to have discussion on how to help volunteers be more
accountable placed on a Mure agenda.
P-ubllc Access versus Communitv Access. Allaire stated that despite many discussions,
the Board still has not clearly Identified just where it stands on this issue. He feels it
Imperative that the Board come to some consensus on their philosophy and the
procedures which facilitate that phffosophy. He asked that the Board members be
considering the matter, and be prepared to express their Ideas at a future meeting.
The meeting was adjourned at 8:35 pm.
Respectfully submitted,
~/dY:!?~t~A.-
Jan W. Cureton
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Secretary
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To: IOWA CITY CLERK
From: Jo lIagartv
11-14-94 8:34am p. 2 of 2
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BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. DuflY
Patricia A. Meade
Don Sehr
November 15, 1994
INFORMAL MEETING
Agenda
1. Call to order following the canvass meeting.
2. Review of the informal and formal minutes of November 10th.
3. Business from the County Engineer.
a) Discussion re: ISTEA Projects.
b) Other
4. Business from Marge Penney, Human Services Coordinator and Cheryl
Whitney, Area Administrator for Department of Human Services re:
local purchase of service funding increase/discussion,
5. Business from the Board of Supervisors.
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a) Reports ..'.
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IOWA CITY, IOWA 52244.1350
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To: IOWA CITY CLERK
From: Jo Hogartv
11-16-94 8:41am p. 2 of 3
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
November 17,1994
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: informal and formal minutes of November 10th.
4. Action re: payroll authorizations
5. Business from the County Auditor.
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a) Action re: permits
b) Action re: reports
c) Other
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6. Business from the Assistant Zoning Administrator.
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a) Final consideration of application Z9440 of Steve Michel.
b) Final consideration of application Z9451 of Scott RohreL
c) Final consideration of application Z9452 of Edna, John and Charlotte
Koenig,
d) Discussion/action re: application SP9405 of Jerry Eyman Site Plan
Review, The location of the site is described as being in the SW 1/4 of
the SE 1/4 of Section 5; Township 79 North; Range 5 West of the 5th
P.M. in Johnson County, Iowa.
913 SOUTH DUBUQUE ST. 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 Hogartv
11-16-94 0:41am p. 3 of 3
Agenda 11-17-94
Page 2
e) Motion setting public hearing.
Q Other
7.
Business from the County Attorney.
a) Report re: other items.
8.
Business from the Board of Supervisors.
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a) Action re: authorizing County Engineer to submit projects as
presented on Tuesday for ISTEA funding, and authorize chairperson to
sign submittals.
b) Action re: adoption of recommendation from Mental IIlness/Mental
Retardation/Developmental Disabilities/Brain Injury Planning Council
and the distribution of funding of $14,868.00 from State Appropriations
to Systems Unlimited, Inc. in the amount of $12,043.00 (81%), and of
$2,825.00 (19%) to Hillcrest Family Services.
c) Action re: disposing of vehicles.
d) Action re: Medicaid Home and Conmlunity Based Payment
Agreement (HCBS waivers) for client # 1764681J.
e) Motion to hold both informal and formal meetings for the week of
November 20th on November 22nd,
Q Other
9. Adjourn to informal meeting.
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a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors.
c) Report from the County Attorney.
d) Other
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To: IOWA CITV CLERK
From: Jo Hogartv
11-17-94 3:40pm p. 2 of 2
Johnlon Coun~'
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Balkcom
Charles D. DuffY
Patricia A. Meade
Don Sehr
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November 21, 1994
FORMAL MEETING
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Agenda
1. Call to order 9:00 a.m.
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2. Canvass of votes for East Regional Library Election.
3. Adjournment.
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913 SOUTH DUBUQUE ST, P,O, BOX 1350
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City of Iowa City
MEMORANDUM
Date: November 17, 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, November 7, 1994 - 6:30 p,m. in the Council Chambers
M~yor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick,
Pigott, Throgmorton. Staff present: Atkins, Helling, Woito, Karr, Franklin, Schoon, Davidson,
O'Neil, Fowler, Logsden, Doyle, Schmadeke, Fosse, Yucuis, Ockenfels, Winkelhake, Moreno.
Tape recording on tapes: 94-125, All; 94-126, All; 94-127, All.
REVIEW ZONING MATTERS:
Tape 94-125, Side 1
PCD Director Franklin introduced Scott Kugler, new Urban Planning Division and Historic
Preservation staff person. Franklin presented the following Planning and Zoning items for
discussion:
a. Settinq a public hearinq for November 22, 1994, on an amendment to City Code
Section 14-6E-7. to requlate the location of parkinq spaces in the Central Business
Support Zone ICB,5).
Franklin stated the item will be discussed in more detail at Council's next meeting,
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Public hearinq on an amendment to City Code Section 14-6E-2, Neiqhborhood Com-
mercial Zone (CN-1I, to allow restaurants as provisional uses or by special exception
with specific restrictions. and car washes by special exception with specific
restrictions.
b.
Throgmorton requested that staff look at shared parking concept.
c.
Public hearinq on an ordinance vacatinq a portion of 'Waterfront Drive located
southeast of the CRANDIC Railroad riqht-of-way (Hy.Vee Food Stores!.
Franklin asked Council to continue the public hearing to November 22, 1994.
d.
Public hearinq on amendments to City Code Section 14-6B-2 and Section 14-6E-8 to
permit restaurant carry.out uses in the CB-10 zone,
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Amendments to the Zoninq Ordinance, Section 14-6N-1. Off-Street Parkinq
Requirements, to require parkinq spaces for commercial uses in the Central Business
Support Zone (CB-5)~First consideration I
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f, Amendment to City Code Section 14-6J-2, Planned Development Housinq Overlav
(OPDHl Zone to require dedication of land or payment of fees in lieu of land for
neiqhborhood open space. (Second consideration)
g.
Ordinance amendinq Title 14, Chapter 7, "Land Subdivisions," of the City Code bv
addinq a new article D entitled "Dedication of Land or Payment of Fees in Lieu of Land
for Neiqhborhood Open Space." (Second Consideration)
h. Amendment to Title 14, Unified Development Code, Chapter 7, Land Subdivisions, bv
amendinq Article A of the City Code to require review and approval of the division of
land prior to recordinq. (Second considerationl
i, Ordinance amendinq the Zoninq Ordinance to allow crematoriums as an accessory use
to a funeral home. (Pass and adopt)
j, Ordinance amendinq the Zoninq Ordinance to chanqe the use requlations of a 5.52
acre property located east of Waterfront Drive and the CRANDIC Railroad riqht-of-wav
from CI-1, Intensive Commercial. to CC-2, Community Commercial. (Hv-Vee Food
Stores/REZ94-00 10) {Pass and adoptl
Franklin asked Council to defer this item to November 22, 1994.
NEAR SOUTHSIDE:
Tape 94-125, Side 1
PCD Director Franklin, City Attorney Woito, and Economic Development Coordinator Schoon
presented information about the Near Southside plans, In response to Council, Franklin stated
she will present a summary of the Near Southside plans and overhead projection maps of the
revitalization areas and area that is expected to be impacted within the next ten-year period.
Kevin Hanick, hotel developer, asked that hotels be exempt from parking impact fee
requirement.
Staff Action: Regarding the resolution of intent to reinvest in the Near Southside, Council
indicated 100% of the incremental property tax on abatement projects should be reinvested
in the Near Southside. (Franklin)
AIRPORT ROOF REPAIR:
Tape 94-125, Side 2
John Ockenfels, Airport Commissioner, presented information about airport roof repair.
Council agreed to the Airport Commission recommendation to accept the bid from D.C. Taylor
Company in the amount of $54,120 and directed Ockenfels to obtain additional bids for the
proposed masonry work.
Staff Action: Staff will finalize a contract with D.C. Taylor and obtain additional bids to rehab
the exterior of the airport terminal building. (O'Neil)
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AIRPORT MASTER PLAN UPDATE:
Tape 94-125, Side 2
John Ockenfels, Airport Commissioner, stated McClure Aviation has been selected as the
master plan consultant and the Airport Commission has submitted an amendment to their
master plan preapplication to the FAA, amending their funding request from $65,000 to
$100,000,
Staff Action: After comments are received from the City Attorney's Office, and the FAA, a
final contract will be negotiated with McClure Aviation. The Commission plans to begin the
study in January, 1995, as soon as it is funded by the FAA. (O'Neil)
TRANSIT POLICY DISCUSSION:
Tape 94-125, Side 2
City Manager Atkins, Transportation Planner Davidson, and Parking and Transit Director
Fowler reviewed the November 3, 1994, Davidson/Fowler memorandum regarding outline for
City Council discussion of transit policies on November 7.
Council agreed with staff's recommendation regarding west side service; directed staff to add
east side loop and change Plaen View routes as outlined; agreed to discuss the Seventh
Avenue route and Hawkeye route changes during budget discussions; and schedule Council
discussions regarding transit policies.
Staff Action: Staff will proceed to implement the new east side loop route, and the
modifications to the Plaen View route. January 15 estimated implement date. (Davidson)
WATER/SEWER RATES:
Tape 94-126, Side 1
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City Manager Atkins and Finance Director Yucuis presented information. Council asked staff
to give a brief presentation regarding water and sewer rates at the beginning of the public
hearing during Council's formal meeting.
Council agreed to continue the public hearing and defer first consideration to November 22
1994.
Staff Action: No response. (Atkins)
SNYDER CREEl< WATERSHED LIFT STATION:
Tape 94-126, Side 1
Public Works Director Schmadeke and City Engineer Fosse presented information.
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City Attorney Woito responded to questions regarding the Shipe/Cooper private sanitary sewer
(agenda Consent Calendar #3.d(4)).
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Public Works Director Schmadeke responded to questions regarding MMS Consultants'
services (agenda #12).
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In response to Kubby, City Manager Atkins stated he will prepare a memo regarding the $5.00
water bill late charge fee (agenda items 116 & #71.
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Staff Action: None. ISchmadekel
FEDERAL CRIME BILL PROGRAM - NEIGHBORHOOD POLICING:
Tape 94-126, Side 1
Police Chief Winkelhake reviewed his November 3, 1994, memorandum regarding
neighborhood policing.
Kubby asked Winkelhake to find out if the grant monies need to be used to hire all eight
officers or can the monies be used for less than eight officers.
City Manager Atkins stated staff will proceed in developing the federal crime bill neighborhood
policing program and present information to Council during budget discussions.
Staff Action: Information from Justice Department will be reviewed to determine answers to
questions raised. If all questions cannot be addressed, contact will be made with Justice
Department. (Winkelhakel
PUBLIC HEARING PROCESS:
Tape 94-126, Side 2
Council established the following broad guidelines to be used during the public hearing
process:
-No interruptions.
-Correct at the end of person's statement.
-Clarify misinformation at end of person's statement.
-Not be argumentative.
-Not be repetitive.
COUNCIL MEETING TRANSCRIPTIONS ON DISKETTE:
Tape 94-127, Side 1
City Clerk Karr responded to questions regarding a request for Council meeting transcriptions
on diskette, Council directed Karr to prepare a policy retaining transcriptions of both work
sessions and formal meetings for one year.
Staff Action: A policy will be sent to Council in their information packet of November 18.
Transcriptions will be retained until a policy is in place. (Karr)
COUNCIL AGENDA/TIME:
Tape 94-127, Side 1
1. In response to Mayor Horowitz, Lehman stated he is unsure if he will attend the JTPA
luncheon on December 1.
2. In response to Mayor Horowitz, Throgmorton said he should attend the upcoming
JCCOG meeting.
3. In response to Throgmorton, City Manager Atkins stated he will obtain information
about what the four-foot gravel walkway on the east side of Hickory Hill Park.
Throgmorton encouraged the Parks and Recreation Commission to establish a Hickory
Hill Park policy,
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4.
(Agenda Item #20) Throgmorton raised concerns about a bicycle not tripping a traffic
light and the potential of a bicyclist violating the bicycle ordinance. City Attorney
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Woito stated that the last clause in the sentencll/states where feasible or where
applicabl\ /
(Agenda It~m #3,e.(2) - Letter from R. Lake!r':garding problem of speeding cars in
Manville He~hts area.) In response to Thro fu~;ton, City Manager Atkins stated staff
will follow-up on correspondence.
5.
6.
(Agenda Item # 1 - Toy vehicle ordina ce.) Kubby stated that she does not want the
toy vehicle ordi nce applied to ev y commercial zone. Council agreed to defer
Agenda Item #21 to November 22 0 allow for staff input.
APPOINTMENTS:
Tape 94-127, Side 1
Board of Adjustment - Susa Bender
Human Rights Commission - oan etwiler Jehle, Pamela Dautremont, Sara Mehlin
Parks & Recreation Commissio - arin Dee Vanderhoef
COUNCIL MEETING SCHEDULE ISCUSSION:
Tape 94-127, Side 1
Council reviewed the followin meting schedule:
Meeting adjourned 10:30 p.m.
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(Revised 11/22/94)
4. (Agenda Item #20) Throgmorton raised concerns about a bicycle not tripping a traffic
light and the potential of a bicyclist violating the bicycle ordinance. City Attorney
Woito stated that the last clause in the sentence states where feasible or where
applicable.
5. (Agenda Item #3.e.(2) - Letter from R. Lakes regarding problem of speeding cars in
Manville Heights area.) In response to Throgmorton, City Manager Atkins stated staff
will follow-up on correspondence.
6.
(Agenda Item #21 - Toy vehicle ordinance.l Kubby stated that she does not want the
toy vehicle ordinance applied to every commercial zone. Council agreed to defer
Agenda Item #21 to November 22 to allow for staff input.
APPOINTMENTS:
Tape 94-127, Side 1
Board of Adjustment - Susan Bender
Human Rights Commission - Joan Detwiler Jehle, Pamela Dautremont, Sara Mehlin
Parks & Recreation Commission - Karin Dee Vanderhoef, Rex Pruess
COUNCIL MEETING SCHEDULE DISCUSSION:
Tape 94-127, Side 1
Council reviewed the following meeting schedule:
Southeast Iowa Municipal League meeting: November 10
Human Service Agency Review Panel: Hearings start December 16
Council Meetings: November 21 - Work Session
November 22 - Formal
December 5 - Work Session
December 6 - Formal
December 21 - Work Session
December 22 - Formal
Meeting adjourned at 10:30 p.m.
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IN D EX
OVERVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
SCORECARD .............................. ',' .. ... .. II
BOXSCORE. ... . . . .. . .. . . . . . .. ... . . . . ... .. . .. . . . . .. III
APPROPRIATIONS CHART ........................;... IV
HUMAN DEVELOPMENT ............................... 1
FEDERAL MANDATES & ENVIRONMENT. . . . . . . . . . . . . . . . . .'. 2
FINANCE & INTERGOVERNMENTAL RELATIONS. .. . . . .. . . . .. 4
HOUSING & COMMUNITY DEVElOPMENT ................ 5
TELECOMMUNICATIONS & TRANSPORTATION... .......... 7
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. OVERVIEW
The 103rd Congress adjourned October 8th. During this session, Congress considered some 3060 bills and passed 459. For citios
and towns, the two most important bills Congress passed were the 1993 Economic recovery Act and the 1994 Anti.Crime bill.
Despite passing and sending to the President 141 bills in its last week in session, Congress failed to act on NLC priority issues,
killing year.long efforts on state and local relief from unfunded federal mandates, on revising and improving the Safe Drinking
Water Act, on rolling back newly triggered stormwater mandates, or on restoring municipal authority to regulate garbage and iow
trucks. Congress also failed to complete action on legislation to restore local flow control authority, to limit municipal liability
under Superfund, to reauthorize the nation's housing and community development laws, or to subject Congress to the same labor
mandates as state and local governments.
Legislation not acted upon when a Congress adjourns automatically dies. Although Congress is scheduled to return at the end
of November, its lame duck session (s strictly limited to action on the GATT international trade treaty. The 103rd Congress will
then formally adjourn on December 1, with the new 104th Congress scheduled to be sworn in early January.
In its closing days Congress did pass and send to the White House legislation to provide municipal bankruptcy relief, to give cities
a priority role in military base closings, and to authorize payments in lieu of taxes for local governments with realizing revenue
losses from lands under federal control.
With Congress completing action on nearly 25 percent of the 459 bills it passed in its final eight days, the closing week sent a
message to municipal leaders that municipal priorities were low on the totem pole,
@ ACTIONS THE PRESIDENT AND CONGRESS @
TOOK TO HELP CITIES & TOWNS
The key victories for cities came in the hard-fought successes on public safety..especially the passage of the anti.crime and Brady
bills. The crime bill provides..for the first time..direct and balanced federal assistance to cities and towns, both for prevention
and enforcement. Both bills will help local governments in an efforts to reduce the trafficking of handguns and assault weapons.
In its closing hours, Congress also passed legislation to permit municipalities to perfect and enforce tax liens alter a petition for
bankruptcy has been filed and to allow municipal tax liens to be paid in full before junior lienholders are paid, These provisions
of federal bankruptcy reform promise to permit cities and towns to pursue tens of thousands of dollars of revenues. Congress
also completed changes to the McKinney homeless program to eliminate the current preference for homeless advocacy groups in
terms of priority access to closed military bases. The new law, written in coordination with municipal leaders, gives local
governments a priority role in shaping and implementing reuse plans,
,/
There was some good news for municipal leaders when some legislation died. Legislation to impose new unfunded federnl
mandates 'on cities died in Congress' waning hours. Legislation to expand the Occupational Health and Safety Act (OSHA) to cover
all municipal employees died. With both the House and Senate lead sponsors retiring, the chances of this mandate expansion
coming back in the next Congress are dim. Similarly, legislation which might have subjected states and local governments to
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citizen suit liability with regard to setting up federally modeled One Call legislation for any pipeline excavation diedooproviding some
relief to cities and towns.
@ MUNICIPAL PRIORITIES THAT DIED @
For city and town leaders, !he key failures were all mandate related. Despite over 60 co. sponsors of the KempthorneooGlenn State
and Local Mandate Relief Act in the Senate and a solid 35004 margin of victory in the House Government Operations Committee
on the ConyersooClinger version in the House, neither House even scheduled a vote. Last minute opposition from the Chamber of
Commerce and from state water administrators doomed a bipartisan Senate compromise to protect cities and towns from the EPA
stormwater mandates that were automatically triggered into effect on October 1 st. Thousands of cities will now have to grapple
with the enormous costs, complexity, and liability of meeting this new, unfunded federal mandate. The moratorium on EPA
unfunded federal stormwater mandates expired on October 1 st, imposing a requirement on all municipalities with a population under
100,000 to obtain permits from EP A for every stormwater discharge point in a city or town..a cost estimated at as much as
$625,000 per permit.
The rush to adjourn and partisan division succeeded in killing NLC.supported efforts to pass legislation to reform the Superfund
program and to provide municipal liability protection. It ended efforts to restore municipal authority to enforce already enacted
flow control ordinances, endangering bond ratings in at least 100 cities.
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Efforts to complete action on legislation to revise and make the Safe Drinking Water Act more flexible for the nation's cities and
towns died in the crossfire between the House and Senate, leaving in place complex, expensive, and wasteful federal regulations,
penalties, and requirements. '
House.Senate disagreements also undercut an agreement to protect cities from the broad preemption of trucking regulation
Congress passed and the President signed into law last month. The failure to exempt cities and towns guarantees preemption
of municipal authority to regulate tow trucks, wreckers, garbage and other trucks effective January 1.
Sen. Commerce Committee Subcommittee Chairman Wendell Ford (D.KYI had successfully offered an NLC.supported amendment
to fully protect municipal interests in the Senate. Ford's amendment would have exempted the municipal transportation of garbage
and refuse; the collection of recyclable materials that are part of a residential curbside recycling program; and the regulatory
authority of an agency before January 1, 1997, insofar as such authority relates to tow trucks or wreckers providing for hire
service. But the efforts were dashed by House opposition.
I
~ 104TH CONGRESS PREVIEW
With the nation set to go to the polls just a few days after the close of National Unfunded Federal Mandates Week, the new
104th Congress is likely to revisit many of the issues and priorities which died in the 103rd. With experts predicting a shift in
both the House and the Senate, with some projecting Republican control, the outlook is for an even more difficult climate for
cooperation between the White House and Congress.
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Federal budget and tax issues are likely to take front billing early on in the new Congress with strong pressure to cut middle and
upper income taxes, but to vote for a balanced budget amendment to the Constitution. Many also expect a major effort to
increase defense spending and offset any increases with cuts in programs going to local governments.
The ~ombination of tax cuts and a balanced budget amendment would impose a huge burden on the federal deficit..almost certainly
leading to further unfunded federal mandates on state and local governments and sharply reduced federal resources. The budget
and tax issues are certain to dominate the opening months of 1995.
But both the White House and Republicans expect to make welfare reform a top priority in 1995..although neither side has clearly
spelled out the role or potential liability of cities as the employers of last resort under virtually all proposed approaches. Welfare
reform could well displace health care reform on the national agenda.
Senate Republicans have made clear there will be a major effort to pass takings legislation. Coming after the Supreme Court
decision against the City of Tigard, Oregon, Congressional action on takings could have significant implications for local
governments. The action could accelerate Congressional efforts to preempt state and municipal authority.
Efforts to preempt any local role in telecommunications is also a certainty to come back. With the House passing such legislation
by an overwhelming margin this year, there will be a renewed effort in 1995.
Finally, the White expects to press efforts to consolidate and provide a role for cities in job training. With nearly 160 current
federal programs, virtually none of which go through local governments, this initiative could provide an opportunity for cities on
a critical area for economic development.
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DIED
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Mandates
Flow Control
Drinking Water
Stormwater
Superfund
Incinerator Ash
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Telecommunications
One Call
EDA
National Highway
System (NHS)
OSHA
CLEAN WATER
NATIONAL LEAGUE OF CITIES
-
CONGRESS 1994 Bill
SCORECARD
PASSED
TO COME
Crime
Bankruptcy
Mandates
Welfare Reform
Airports
McKinney
Payments in Lieu
of Taxes
Census
Telecommunication
Tax
Health Care
Budget
School-to-work
Brady
Superfund
Reemployment
Bellas Hess
Stormwater
Safe Drinking Water
Flow Control
Housing & CD
NHS
October 14, 1994
CENTER FOR POLICY & FEDERAL RELATIONS
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1994 STATUS OF MAJOR LEGISLATION IN
CONGRESS AFFECTING CITIES
LEGISLATIVE ISSUES HOUSE SENATE STATUS
BUDGET, TAX, AND ANANCE
@ , Mandates Relief H.R, 5128 S.993 Died
Reported out of Reported out
Government of
, ,
Operations Governmental
Committee Affairs
Committee
@ Bankruptcy exemption to H.R. 5116 H.R. 5116 Passed and Sent to the White
House
allow municipalities to collect post
bankruptcy petition property taxes.
@ Reduce Arbitrage & Rebate H,R. 3630 Died
Public Finance
.' -. Mandates on Municipal Bonds & Infrastructure
Act.
@ Mail order Sales S.1825 Died
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Passed and sent to the White
House.
H.R. 5084
H.R. 5084
ENVIRONMENT
@ Flow Control
H.R. 4683
passed
Supreme Court Carbone
decision overturns municipal
authority to adopt flow
control ordinances.
S. 2227
@ SDWA
H.R, 3392
Died
S,2019
Passed.
@ Superfund
H,R. 4916
Died
S. 1834
@ Storm water
Control Reform Act
No Bill
S. 2507 Died
@ Clean Water
H.R. 3948
Hearings
concluded.
S. 1114
Reported out
of Senate
Environment
& Public
Works,
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HUMAN DEVELOPMENT
Crime Control Act of 93
Welfare Reform
@ ADEA
Social Security
@ OSHA
(Would mandate compliance on all
states and local governments,)
HEALTH CARE
Health Care Reform
(see attached)
COMMUNITY AND
ECONOMIC DEVELOPMENT
@ Community Development
Banks
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Infrastructure
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H.R. 3425
Rule Rejected,
H.R, 3355
H.R. 3355
Pending in
Crime Bill
H.R. 4277
H.R, 1280
Reponed out of
Committee,
H.R. 3600
pending.
H.R. 1200
reponed out of
Education and
Labor
Committee.
H.R. 2666
Passed House
Banking Sub.
commillee.
H.R. 1188
Waiting House
action,
H,R. 3636
Reported out of
House Banking
Commillee
6/15/94.
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S.1491
passed Senate.
,H,R, 3636
Passed filII
commillee,
wailing for
House action.
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S.141
Passed 5/4/93
H.R. 3355
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victory .
PL. 103.322
No action taken.
Hearings Held Died
H.R. 4277
S.575
flearings
concluded.
S.1757
pending floor
action.
S.125
Passed Senate
Banking
Committee.
S.1917
S. 2049
Reported out
of Senate
Banking
Committee
6/21/94,
S.1491
passed House.
Reported out
of Senate
Commerce
Science &
Transportation
8/11/84
'..,
In conference,
Died
Died
Signed into Law
August 4, 1994
House passed 410.12
August 9, 1994
Senate unanimous
Passed by House
July 12, 1994
Died in Senate
July 22, 1994
Passed by House
345.36
S. 2049 Died
Signed into law.
Died
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JOB TRAINING
@ School-la-Work Passed House Passed Senate Bills will go to conference.
Nov. IS Peb,8
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PRIORITY MUNICIPAL PROGRAMS
Revised October 14, 1994
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CDBG $4.0 $4.4 $5.2 $4.6 $4.6 $4.6
HOME 1.0 1.275 1.1 1.275 1.5 1.4
HIGHWAY FUNOING 15.327 17.6 18.3 17.1 17.54 17.1
MASS TRANSIT 3,88 4.58 4.4 4.2 4,2 4.2
CLEAN WATER ISRFI 1.9 1.25 1.6 1.3 1.3 1.3
. LOCAL GRANTS .556 .500 .100 .500 .500 .500
DRINKING WATER 0 .. .500 .700 .700 .700 #.700
RURAL WASTE & WATER .390 .500 .525 .500 .500 .500
HEAO START 2.776 3.31 4.02 4,02 3.534 3.544
ANTI.CRlME
BYRNE GRANT 4.73 .358 .100 .100 .805 .450
. .
DRUG COURTS .29
'COPS' 1.3 181
BRADY IMPLEMENTATION 100 IMI
VIOLENCE AGAINST WOMEN .26
CERTAIN PUNISHMENT FOR
YOUTHFUL OFFENOERS BOOT
CAMPS .25
ALIEN INCARCERATION GRANTS .130
. Grant funding available to seven coastal cities for construction of waste water treatment facilities.
.. While these funds have been conditionally appropriated, they cannot be allocated until a drinking water loan fund'
is authorized. # Funds for a drinking SRF will remain available (but not expended) u/llil August of 1995.
IV
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HUMAN DEVelOPMENT
* ANTI.CRIME LEGISLATION *
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On September 13, President Clinton signed into law the
largest, most comprehensive anti.crime initiative in our
nation's history. Unlike previous efforts, the new law, P.L
103.322, provides direct federal assistance to cities and
towns for a broad range of enforcement programs, including
$ 8.8 billion for community policing, and prevention programs,
including $1.6 billion Local Partnership Act (LPAl. It also
provides funds for prison construction, bans 19 specific
assault weapons, allows the notification of residents when
sex offenders are released into the community, and mandates
life sentences for criminals convicted of three violent
felonies. '
No sooner did the bill get signed into law than municipal
ele.cted officials found themselves fending off efforts by Sen.
Phil Gramm (R.TXI who attempted, but failed, to eliminate
virtually all of the hard fought for prevention programs.
Gramm sought to accomplish this by attaching an amendment
to the FY 1995 District of Columbia Appropriations bill.
Gramm's actions are but the beginning of what municipal
leaders can expect next year when the new Congress must
appropriate funds for FY 1996, the first year the LPA the
Prevention Block grant program: and others are autho;ized.
The authorizing language in the new law will again be the
target of attacks by Gramm and other opponents of
prevention efforts. Also facing renewed opposition is the
NLC.supported assault weapons ban provisions.
NLC Position: NLC worked for six long years to enact the
new anti.crime law. NLC strongly supports the prevention
programs especially the LP A and Prevention Block Grant
among others. NLC also backs the assault weapons ban
provisions.
Please use this recess period
ACTION between Congresses to stress
the importance of certainty of
funding for the lPA and
prevention block grant programs. The more able cities
are to build these funds into their public safety
budgets, the more effective the local programs will be.
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* AGE DISCRIMINATION IN EMPLOYMENT (ADEA) *
Legislation that would permanently exempt all state and local
p~~lic safety agencies from the AOEA, thereby permitting all
cltl,e~ and t~~ns the flexibility to consider age in hiring and
retiring policies was eliminated from the anti.crime bill.
Allempts to allach the measure to other legislation before
the end of the 103rd Congress were unsuccessful.
E~rlier in the session, legislation was approved by the House
without controversy. However, retiring Sen. Howard
Metzenbaum (O.OH) was adamantly opposed and fought all
alle~pts to move the bill in the Senate. It appears
questIOnable that this legislation will move next year because
of the action necessary at the state level to address the fall.
out of the exemption which expired December 31, 1993.
NLC Position: NLC supports the AOEA exemption.
* HEALTH CARE REFORM *
All health care reform legislation pending before the 103rd
Congress died when Congress adjourned for the November
elections, The outlook for action on health care in 1995 is
uncertain, although it is clear that any effort would be far
narrower . than the President and Congressional leaders
proposed in 1994. Universal coverage is almost certainly off
the table, 'and welfare reform could well take priority over
health care in the key Congressional committees,
NLC Position: NLC did not take an official position on any
of the scores of bills pending during the 103rd Congress but
rather focused on specific issues effecting municipalities as
employers and providers of services.
It is important for municipal
ACTION leaders to I/se this intervening
period to (a) meet with local
employers in the health care
industry to determine their assessments of the impact
of health care reform and what it might mean in terms
of employment in different cities and (b) meet with your
new delegation to impress upon them your need for
sessions with the Congressman or Senator at City Hall
for an explanation of exactly how any health car~
reform proposals will affect the city or town.
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FEDERAL MANDATES
& ENVIRONMENT
* MANDATES *
State and local mandate relief legislation IS. 993 and H.R.
5128) fell victim to unrelated amendments in the Senate and
a lack of commitment from the House leadership. In the
Senate, S.993 got about one hour of floor time before
extraneous amendments derailed the debate. In the House,
although the Government Operations Committee voted 35.4
to send H.R. 5128 to the full House for consideration, the
House leadership refused to act unless and until the Senate
passed the Kempthorne.G1enn bill. The late timing of the
House Government Operations Committee mark.up, and the
insistence of Rep. Henry Waxman (D.CA) that the bill be held
the requisite three days before full House consideration, also
contributed to the problem. However, of the 459 bills
passed in the 103rd Congress, over 140 passed during the
last week of the session. If there had been will among the '
Leadership, there would have been a way to pass mandates
relief.
National Unfunded Mandates
"ACTION ..,.,., Weelr, October 24.31, is the time
to channel the frustration felt by
local elected officials across the
nation over the failure of the mandates relief bill
Cities and towns should choose two days during this
week to conduct activities. One of the days should be
used for citizen education on how unfunded mandates
affect local taxes, fees, and services. The other day
should he used to focus on the municipality's
Congressional delegation. local leaders should seek a
signed pledge or commitment from their Senators and
Representatives to support mandates relief legislation
and work toward getting a vote in both Houses on
mandates relief bills in the 104th Congress.
A special thanks to all who put forth extra effort on S.
993/H.R. 5128 during the final days of the session.
Because of your help, mandates relief came within an inch
of becoming a reality.
* STORMWATER *
With the failure of Congress to take action on a stormwater
compromise, all cities .. regardless of population.. with
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separate storm sewers are now required to obtain National
Pollutant Discharge Elimination System (NPDES) permits for
their stormwater run.off. For municipalities, the potential
critical issue is that permit applications for cities already in
the program have cost an average $ 625,000. In addition,
local governments are now confronted with the herculean
task of obtaining over 7 million stormwater permits from
states and the EP A.
EPA Assistant Administrator for Water, Robert Perciasepe
told NLC that EP A "expects to release guidance soon letting
people know that enforcement against the sources brought
in on October 1 st will be a low priority. The only exception
will be for those dischargers that have been specifically
notified that they need to apply." City officials sheuld be
aware, however, that EPA is not the only enforcement
authority. The Clean Water Act, of which the stormwater
provisions are part, authorizes citizens to sue for failure to
comply with the law's provisions.
"Over the coming months we also will be moving ahead to
explore the best ways to construct a Phase 2 storm water
program that is workable and environmentally protective, n
Perciasepe continued. "We expect to accomplish this
through strong collaboration with the states and cities and
. others who will be implementing the program."
The com premise proposal, S. 2507, developed in the waning
days of the 103rd Congress, would have provided relief from
some of the more onerous provisions of the stormwater
requirements for all cities.
.. First, the measure would have imposed a ten. year
moratorium on the requirement for stormwater run. off to
meet wate.r quality standards, a provision that would have
affected all municipal stormwater permits.
.. Second, the measure would have delayed stormwater
management requirements for municipalities surrounding cities
already required to comply with the stormwater provisions
until the next permit term 14 years for suburbs of cities over
250,000 and 5 years for suburbs of cities over 100,000).
.. Third, the measure would have delayed implementation
of a stormwater management program in cities in urbanized
areas of 50,000 population for seven years.
.. Fourth, the measure would have permanently
exempted all other municipalities.
.. Fifth, S. 2507 would have authorized $100 million
over the next ten years to fund municipal research and
demonstration programs to determine whether and how
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municipal stormwater programs could be developed ,to
achieve water quality standards.
.. And, finally, the bill would have delayed storm water
requirements for commercial facilities for 8 years.
leaders should make sure to put
'.' A,CTION "., this item high on the list of your
Congressional delegation for
immediate action in the 1 04th
Congress. In the interim, cities newly involved in the
storm water program should: (1) contact their state
water pollution control administrators and seek advice
on how, when and where to file a permit application;
and (2) where possihle, contact municipal storm water
officials in neighhoring cities already required to have
permits (i.e., cities over 100,000 population that have
separate storm sewer systems) for advice on how to go
ahout complying with the storm water management
requirements.
* SAFE DRINKING WATER ACT *
Amendments to the Safe Drinking Water Act, which passed
both the House and Senate, went down the drain along with
all the other environmental proposals that never saw final
action. The confrontational strategy by the House.. waiting
until the final days to send a new bill to the Senate and
essentially telling them to "take. it or leave it," failed.
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The demise of the drinking water act amendments essentially
leaves cities subject. to the existing, seriously flawed statute.
It is expected that there will be renewed ellorts to revise
the Safe Drinking Water Act in the next Congress, but it is
unlikely that final resolution will occur quickly.
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No sponsor was ever found for the compromise proposal,
developed with the Environmental Defense Fund IEDFI, Waste
Management, Inc. (WMXI, and NLC, NACo and the Solid
Waste Association of North America (SWANAl, which would
have amended the Supreme Court decision in City of Chicago
v. EDF. EPA is expected to move forward in developing and
promulgating new criteria on the disposal of incinerator ash.
To date, there has been no further discussion about next
legislative steps on the ash disposal question.
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* FLOW CONTROL *
Despite negotiations ,with Browning.Ferris Industries (BFIl ..
the principal stumbling block to enacting flow control
legislation .. that continued until the closing hours of the
103rd Congress, legislation overturning the Supreme Court
decision in C.A. Carhone v. Clarkstown, NY, passed only in
the House, not the Senate. In addition to the BFI opposition,
the demise of flow control legislation is also attributed to its
linkage to legislation addressing the interstate transport of
municipal solid waste. Efforts to de.link the proposals did
not succeed,
* SUPERFUND *
The proposed legislation to amend Superfund (HR 4916, S.
18341, this country's hazardous waste cleanup law, was
declared dead before reaching the floor of either the House
or Senate.
The proposed bills to reform the Superfund law would have
eliminated, in most cases, the use of joint and several
liability and replaced it with a system that based liability on
a polluter's contribution to a site. Cities and towns would
have benefitted from the legislation's enactment, particularly
because of provisions that would have substantially limited
municipal liability, tied remedy selection and cleanup
standards to future land use, and encouraged redevelopment
of urban sites by exempting future purchasers of property
from liability.
Although Superfund reform won bipartisan support from five
committees, it ran up against last minute disputes over some
controversial amendments. These included an NLC.supported
amendment limiting the scope of the Davis.Bacon wage
provision to sites that are only fully federally funded, and an
amendment requiring that EPA undertake a cost.benefit
analysis when selecting a cleanup remedy.
In addition, some Senate Republicans threatened to oller
numerous amendments to the bill when it reached the Senate
floor.
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Rhode Island League, Chris McKenzie, Executive Director of
the Kansas League, and Mayor Jack Lynch of Butte,
Montana and his Planning Director, John Sesso, for their
diligent lobbying efforts on behalf of all cities, and to all the
other elected officials, league directors and staff who
worked hard for the enactment of Superfund legislation.
Urge your Congressional
Representatives and Senators to
make Superfund reform a priority
for the 104th Congress.
ACTION
FINANCE & INTER.GOVERNMENTAL
RelATIONS
* BELLAS HESS. COLLECTION OF *
INTERSTATE SALES TAXES
No significant action was taken this Congress on S. 1 B25,
the "Tax Fairness for Main Street Business Act:' which was
introduced by Senator Bumpers (D. Ark) in late January. The
NLC.supported legislation would allow state and local
governments to require direct marketing firms to collect and
remit some $3 billion in taxes on sales of personal property
delivered into that state and/or local jurisdiction. A loophole
in federal law exempts direct. marketing firms from the
collection and remittance of the sales tax. Meanwhile, main
street businessmen and women are compelled by law to
collect and remit this tax.
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The bill is intended to level the playin~ field for local small
businesses currently required to collect and remit the sales
iax. In addition, it should encoura~e the creation and
growth of small businesses, increase job opportunities, and
improve economic conditions in local communities.
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Senator Bumpers has committed to introducing the "Tax
Fairness For Main Street Business Act" early in the 104th
Congress. A House sponsor for the bill is still needed.
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Set up meetings with your
Representatives and Senators
while they are at home over the
next few months to urgo them to
be original co.sponsors of the "Tax Fairness for Main
Street Business Act" in both tho Senato and the House.
If you have a member on (he House Judiciary
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consider becoming a lead sponsor of tho bill in tho
House.
Also, resolutions adopted either by local communities or
state leagues advocating the enactment of (/!is
legislation would be very helpful. For draft resolutions,
contact Barrie Tobin at 202.626.3194.
* CENSUS *
Local governments scored a victory last week when both the
House and the Senate approved and sent to the President
HR 5084, "The Census Address List Improvement Act of
1994."
HR 5084 makes major strides in minimizing frustrations local
governments face when reviewing and evaluating census
products by providing a more constructive means for local
government input and by opening the channels of
communication between local government and the Census
Bureau. These new procedures found in HR 5084 should
help to ensure that all households in local jurisdictions are
accurately counted in the census and help to establish an
atmosphere of trust between local officials and the Census
Bureau.
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Specifically, HR 5084 will require that the Census Bureau
review address information submitted by a local government
and provide a response to the local government regarding tho
Census Bureau's consideration of such information.
In addition, the bill provides for a mechanism whereby a
census liaison appointed by each local government will have
an opportunity to review the Census Bureau's address
information for the purposes of verifying the accuracy of this
information and making recommendations for change. The
census liaison may not use the information for any other
purpose and is subject to penalties for improper disclosure.
This address information compiled by the Census Bureau is
important because it forms the basis for determining which
households are counted in the census. '
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Management and Budget to develop an appeals process for
local governments to use if they dispute earlier
determinations made by the Census Bureau regarding the
accuracy of the address information. The proposed appeals
process will be published for public comment.
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* BANKRUPTCY *
In a victory for local governments, both the House and the
Senate voted last week to approve and send to the
President HR. 5116, the "Bankruptcy Reform Act of 1994."
The legislation is designed to make federal bankruptcy
proceedings easier, less expensive, and fairer to creditors and
debtors than the current system, and to establish a
commission to review the Bankruptcy Code and to make
recommendations for change.
More specifically, HR. 5116 includes an NLC.supported
amendment to section 362 of the Bankruptcy Code which
will give cities and towns the opportunity to collect millions
of dollars in property taxes owned by private entities, The
amendment to section 362 will allow local governments to
perfect and enforce property tax liens even alter a petition
for bankruptcy has been filed.
Under recent federal court interpretations of current
bankruptcy law, many cities and towns have been prevented
from collecting or enforcing payme".t of unpaid taxes for post
petition filings. As a result, local governments have been
unable to collect property taxes once an entity has filed for
bankruptcy; yet, are still required to provide a full range of
public services to delinquent debtors.
The amendment to section 362 found in HR. 5116 will
remedy that problem by requiring debtors to continue paying
property taxes to the local government even after they have
filed for bankruptcy.
The bill also includes an NLC.opposed provision to require a
municipality to get specific authorization from the state in
order to file for federal bankruptcy protection. Under current
federal law, no specific authorization is required; although
specific authorization is currently required under some state
laws. This provision could curtail a city's ability to file for
bankruptcy protection and remove a fundamental right for
cities and towns that is otherwise provided to individuals,
families and corporations.
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HOUSING & COMMUNITY
DEVELOPMENT
* COMMUNITY & ECONOMIC DEVELOPMENT *
Congress rejected proposals to cut the Community
Development Block Grant (CDBG) and HOME state and local
housing block grant programs and instead voted to increase
them, but failed to reauthorize the nation's housing and
community development laws.
The House passed the Housing and Community Development
Reauthorization bill, HR 3838, on July 22 by a vote of 345.
36. The Senate version, S. 2281 (formerly S, 2049), was
approved by the Senate Banking Committee on June 21.
However, in the hectic last days of the 103rd Congress the
bill was allowed to die in the Senate. The nation's housing
and community development lawsuexcept for those
reauthorized for one year by separate appropriations
legislationuexpired on September 30, 1994.
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Congress passed HUD's fiscal 1995 appropriations bill, HR
4624, so previously authorized programs will continue. New
initiatives (I) and the combining of six homeless programs
covered by the McKinney Act will have to wait for action in
the 104th Congress before they can be implemented.
Among' the previously authorized HUD programs that will
continue ar~ the HOME Investment Partnerships Program, the
National Homeownership Trust Demonstration Program,
Homeless Assistance, Community Development Block Grants
and Fair Housing and Equal Opportunity activities. National
Contributions for Assisted Housing will continue and the
funding authorized for the new initiatives ($500 millionl by
the administration will be shilted to incremental rental
assistance.
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There were significant increases in 1995 HUD appropriations
over 1994 for key programs. The Community Development
Block Grant program (CDBGI will have $4.6 billion, $200
million more than requested by the Clinton administration and
the same amount more than the 1994 appropriation, HOME
will have $1.4 billion which is an increase of $125 million,
the National Homeownership Trust Demonstration program,
not funded in 1994, will have $50 million in 1995.
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would establish:
. empowerment zones and enterprise communities to
provide grants for capital projects that could be
used for a range of projects at local discretion;
. new economic development grants to assist in the
financing of economic development projects in
conjunction with loans under the section 108 Loan
Guarantees Program;
. a colonias assistance program to improve the
infrastructure and housing needs of colonias
residents;
. a metropolitan areawide strategy demonstration to
test new ways of implementing comprehensive
residential choice strategies; and
. a neighborhood LIFT program to provide project.
based assistance to stimulate investment in
economic and physical revitalization of urban
neighborhoods.
Early in the f04th Congress
ACTION municipal leaders should push for
HUD reauthorization and work to
incorporate NlC housing policy
goals in the legislation.
* DEFENSE CONVERSION *
The Defense Appropriations Conference Report (FY '95 ),
H.R, 4650 approved $3.3 billion for defense.conversion
efforts aimed at helping military personnel, contractors and
their employees and communities adjust to big drops in
defense spending. The House vote was 327 .86 and it was
approved by a voice vote in the Senate on September 23,
1994.
* EDA *
The Economic Development Administration Act of 1994, S
2257, was passed by voice vote in the Senate Environment
and Public Works Committee on September 27 and HR 2442,
the House reauthorization of EDA, passed on May 12 by 328
. 89. In the final hours of the 103rd Congress, the House
passed the Senate version of the EDA reauthorization and
sent it back to the Senate for a final vote. At the eleventh
hour, a hold was placed on the bill, so time ran out before
it could come to the floor. S 2257 would have reauthorized
the Economic Development Administration through 1997.
The EDA has not been reauthorized since 1980. The EDA
provides grants' for public works projects. This year's
authorization would have produced a greater balance
between urban and rural funding. In the past, the EDA has
always funded far more rural public works than urban ones.
* MILITARY BASE CLOSURES *
Just before adjourning, Congress passed and sent to the
President for his signature the Base Closure Community
Redevelopment and Homeless Assistance Act off 1994. This
legislation is designed to improve the military base closure
and reuse process by exempting the military base closure and
reuse process from the McKinney Homeless Assistance Act.
Under this NLC.supported bill, homeless organizations would
no longer be able to work with the federal government
directly in obtaining priority for reuse of a closed military
base.
This new approach to base closures will allow local
redevelopment authorities to develop reuse plans, subject to
approval by HUD"giving local governments first priority in
planning and developing base reuse plans in cooperation with
all interests in a community, not just the homeless as in the
past under the McKinney Act. The Senate bill, introduced by
Senator Feinstein (D.CAl, is a companion to an effort
authored by Rep. Jim Moran (D.VA), former NLC Human
Development Chair.
* COMMUNITY DEVelOPMENT BANKS *
The Community Development Banking and Financial
Institutions Act of 1994 passed in the House on August 4
by 410.12 and in the Senate unanimously on August 9. It
will strengthen established CDFls and encourage new ones,
significantly extending the industry's ability to provide credit
and related technical assistance in the nations's distressed
communities. Funding for FY 1995 is $125 million, which
includes a $39 million set.aside for a program that
encourages depository institutions to make equity
investments in CDFls. Details on the legislation may be
obtained by calling (2151 736.1644.
6
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.~ TRANSPORTATION
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Telecommunications legislation died in this Congress, but is
certain to come back next year when Congress will
reconsider legislation to allow telephone companies to enter
the cable market without a local franchise. Local officials
must act now to safeguard our communities' interests.
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The U.S. House of Representatives passed H,R. 3636 (which
was combined with H.R. 3626, and renamed H,R. 36261
which preempts municipal authority for franchising
agreements for telephone companies providing cable. While
H.R. 3626 would permit a local government to impose a fee,
even that provision would not match the franchise fee
obligation of cable companies.
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~ The Senate Commerce Committee passed and sent to the full
,\..,..,',: Senate a bill proposing even broader state and local
preemption, S. 1822. S, 1822 was withdrawn before it
I CDwd be wi. on by 'he full Senale ~, week.
The Clinton Administration supports telephone company entry
into the cable market without a franchise agreement with
local governments. Even more alarming, a White House
position paper recommends relieving cable companies of their
existing federal franchise obligations in most instances.
In the rush to unleash the telephone companies and promote
competition, many Washington officials are ignoring the
community needs and interests protected by the franchising
system. Senator Hollings ID.S.C.), a key sponsor of S.1822,
has vowed to bring the legislation back during the next
Congressional session. Representative Markey, a key
sponsor of H.R, 3626 has also vowed to bring his legislation
back for the next Congressional Session,
1& IF LOCAL OFFICIALS DO NOT ACT KEEP THE
PRESSURE ON, CONGRESS MAY SOON PASS, AND THE
PRESIDENT MAY SIGN, LEGISLATION TO PREEMPT
LOCAL JURISDICTION Arm ALLOW USE OF PUBLIC
RIGHTS.OF.WAY WITH NO COMPENSATION TO THE
LOCAL GOVERNMENTS OR COMMUNITY OBLIGATIONS.
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The key points to make are:
. Local officials must be able to manage
access to their public rights.of.way and
receive just compensation for the use of
the public rights.of.way.
. Telephone companies should be subject to
the same obligations as cable companies, a
level playing field,
Q Telephone companies should not object to
making the same commitments to the
community as cable companies.
. Franchising will not slow development of
the information superhighway; on the
contrary, localities welcome competition
and can expeditiously authorize new
entrants.
. Only local franchising can address each
community's unique interests; n.ationalizing
requirements like PEG access cannot reflect
the diversity of the country's communities.
. If communities are to participate in the
information superhighway, local officials
must playa meaningful role.
. Telephone company competition to cable is
consistent with a franchising process; the
federal government should not preempt
local governments from protecting their
communities,
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* MUNICIPAL TRUCKING PREEMPTION *
President Clinton signed new Airport Improvement legislation
into law in September which will deregulate state and
municipal regulation of trucking effective January 1, '1995.
We believe that the language in the statute could prohibit
municipal regulation of tow trucks, wreckers, and trucks that
carry recyclables. Attempts to fix the problem caused by
this provision were unsuccessful in the closing hours of the
103rd Congress. NLC is continuing to contact key members
for support in fixing the problems caused by this preemption
provision,
Please contact your delegation
ACTION during this recess and express
, the importance of continued
municipal oversight over tow
trucks, wreckers, and trucks that carry garbage, refuse,
and recyclables. Please ask your delegation to express
your concerns to Senator Ford (O.KY) and
Representative Mineta (O-CAl.
* ONE CALL *
Although, One Call legislation, legislation to improve the
state's one call systems to prevent damage to utility lines,
passed the House, it died because it did not pass the
Senate. The final version of the bill dropped its NLC.
opposed mandatory provisions, but NLC continued to oppose
the legislation, because of concern about the liability of
municipalities under the bill if they do not adopt the one call
systems recommended by the bill.
Please contact your delegation to
ACTION, express your views on this
legislation.
* NATIONAL HIGHWAY SYSTEM *
The legislation to designate 159,000 miles of roadway,
giving those routes priority for federal aid died, The House
approved H.R. 4385, the National Highway System
Designation Act of 1994 on May 17, 1994. The Senate
approved S. 1887 (its NHS bill) on September 23, 1994.
However, the House bill contained many demonstration
projects and the Senate wanted a "clean" bill. The two
sides were unable to come to an agreement, so the
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conference on the bill was not scheduled and the legislation
died.
The National Highway System Designation Act of 1994
would designate 159,000 miles of roadway, giving those
routes priority for federal aid. The proposal, which was
submitted to the Committee by the U.S. Department of
Transportation, requires all future modifications to be
approved by Congress, and requires the Department to
submit an intermodal National Transportation System
proposal to Congress within two years. The bill would have
authorized $900 million in new highway projects through
1997 and redirected more than $ 600 million for transit
projects.
Congress will take the issue up again in the next Congress.
Please ask your delegation to
include designation of an
National Transportation System
when it designates a NHS.
ACTION ",."
* AIRPORTS *
Airport Improvement Program legislation passed and was
signed into law on August 23, 1994. As passed, the final
bill would permit cities to use the Passenger Facility Charge
IPFCl to meet the cost of paying for federal mandates, as
long as those are eligible purposes under Airport Improvement
grants. The new law prohibits states and local governments
from collecting any new tax, fee, or charge to be imposed
exclusively upon any business located at an airport or
operating as a permittee at an airportuother than one utilized
for airport or aeronautical purposes. The bill sets a new
federal precedent permitting the U,S. Department of
Transportation to levy civil fines of up to $50,000 for
violations of airport grant assurances with regard to airport
diversion.
In a modest NLC victory, the final agreement would permit
municipal airports to have revenue surpluses, and the ~i11
creates a dispute reconciliation procedure that better
protects municipal credit ratings when airlines file complaints
about airport landing fees. The original Senate version would
have jeopardized such ratings by subjecting municipalities to
having any such landing fees diverted to an escrow account
and subjected to federal litigation.
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: '" conferees adopted a preemption of state trucking regulation
of prices, routes and services by air carriers and carriers
affiliated with a direct air carrier.
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* TRANSPORTATION APPROPRIATIONS *
The Transportation Appropriations bill, H.R. 4556, approved
by 'Congress cut key municipal transportation programs. The
bill which apportions funds for all transportation programs
for FY95, appropriated $17.16 billion for federal highway
assistance la slight decrease from FY 94), $4.6 billion for
mass transit (same level as FY 94). Conferees cut transit
operating assistance more than 10 percent..from $802
. million to $710 million. '
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In a victory for rural cities, the conferees agreed to keep the
NlC.supported Senate provision which authorizes funds for
the Essential Air Service Program. The funding level for the
Essential Air Service Program will remain at the same level
as FY 94, $ 33.4 million.
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operating assistance and
Essential Air Service. Both
programs tire likely targets next year as well.
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City of Iowa City
MEMORANDUM
Date: November 15, 1994
To: City Council
From: City Manager
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Re: Miscellaneous
1. Pleasant Valley Golf Course - Kroeze Family
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It has been two months since we approached the Kroeze family to discuss a possible
solution to litigation concerning the sar:1itary sewer project. We specifically discussed
with them the options expres~ed by the City Council, the most specific being going
around their golf course rather than through it. Time is growing short and we have
had a number of conversations with their legal representatives, but no response to our'
proposals. In that the cost of going around the golf course is substantial and will need
to be considered in our overall long-term financing, I am beginning to be concerned
about their lack of response. An eleventh hour rush to settle this issue can cause
some financial consequences for the City. Hopefully they are not merely waiting for
some other opportunities. I have assured them we are willing to negotiate, but it is
difficult when we receive little follow-up response.
2.
SEATS information
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We have been unable to secure the information necessary, in our judgment, to officially
evaluate the SEATS program. Joe is working with representatives of the county, but
this issue is also beginning to drag on. While we had scheduled future meetings in
order to discuss the financial implications, without detailed information, our analysis
is seriously hampered.
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3. Flower garden - right-of-way
We are in the process of drafting the conditions for the possible use of right-of-way
for such garden permits. As you are aware, we have received a number of other
complaints and will likely receive other requests so we are trying to provide some
official means by which the right-of-way can be used responsibly for garden plots. Mr.
Siglin of 618 North Gilbert Street has been informed of our efforts.
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City of Iowa City
MEMORANDUM
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I plan a vacation day on l~ednesday, November 23,. in conjunction
with Thanksgiving holiday. I will be out of the city and will
return on Saturday, November 26.
cc: Dale Helling
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To: IOWA CITY CLERK
From: Jo Hogartv
11-21-94 0:31am p. 2 of 3
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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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November 22, 1994
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INFORMAL MEETING
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1. Call to order 9:00 a.m.
2. Review of the canvass of votes for General Election and East Regional
LibraI)' Election, the informal minutes of November 15th recessed to
November 17th and the formal minutes of November 17th.
3. Business from Bob Carpenter, Sheriff.
a) Discussion re: Multi-Area Task Force 28E Agreement.
b) Other
4. Business from the Director ofS.E.A.T.S.
a) Discussion re:FY96 Heritage Agency on Aging request for proposal.
b) Other
5. Business [rom the County Auditor.
a) ReporVdiscussion rc: Auditor on Elections.
b) Other
6. Business [rom the Board of Supervisors.
a) Reports
b) Other
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FAX: (319) 356.6086
913 SOUTH DUBUQUE ST, P.O. BOX 1350 IOWA CITY,IOWA 52244-1350
TEL: (319) 356-6000
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To: IOWA CITY CLERK
From: Jo Hogartv
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Agenda 11.22-94
7. Discussion from the public.
8. Recess.
Page 2
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FORMAL MEETING TO FOLLOW
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To: IOWA CITY CLERK
From: Jo Hogartv
11-21-94 0:56am p. 2 of 3
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Jllhn~lIn County
_ \ IOWA:>
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. DuffY
Patricia A. Meade
Don Sehr
November 22, 1994
Agenda
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FORMAL MEETING
1. Call to order following the informal meeting.
2. Action re: claims
3. Action re: canvass of votes for General Election and East Regional Library
Election, the informal minutes of November 15th recessed to November
17th and the formal minutes of November 17th.
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4. Action re: payroll authorizations
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5. Business from the Planning Assistant.
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a) Discussion/action re: reapproval of application 89446 (L. and E,
Estates) of Leo J. Kasparek Estate signed by Donald Kasparek and
Donna Hammen, Executors.
b) Other
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6. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
1. Clerk's October monthly report.
c) Discussion/action re: resolution transferring from General Basic and
Rural Services Basic to Secondary Roads.
d) Other
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P.O. BOX 1350 IOWA CITY, IOWA 52244.1350 TEL: (319) 356.6000
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To: IOWA CITY CLERK
From: Jo Hogartv
11-21-94 0:56am p. 3 of 3
Agenda 11-22-94
Page 2
7. Business from the County Attorney.
a) Report re: other items.
8. Business from the Board of Supervisors.
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a) Action re: FY96 Heritage Agency on Aging request for proposal.
b) Action re: Multi-Area Task Force 28E Agreement
c) Discussion/action re: Proclamation for Conservation Fanner
Appreciation Week for December 5-11,1994.
d) Motion appointing T.T. Bozek, M.D. as Johnson County Medical
Examiner to a tenn ending December 31, 1996.
e) Other
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9. Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors.
c) Report from the County Attorney.
d) Other
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Should Council Raise Water and SewerRates?
Two weeks ago the City Council held a public hearing on a proposal to
increase water and sewer rates by approximately $33 per month for the typical
residence. Six people spoke against the proposal, and one in favor. After
asking the audience why more people were not there, I saw a woman fonn
the words "fed up." Afterwards both she and one of my neighbors told me
that nobody showed up because "you people have already made up your
minds ... you're trying to jam this thing down our throats ... [and] it would be
like talking to a brick wall."
I find an important element of truth in their claims. We need to improve the
quality of our water, but the city council has not given the people of Iowa City
an adequate opportunity to ask questions or suggest alternative ways to
provide quality water at a reasonable cost.
Planning for a new source of water had already been underway for three years
when I first joined the council last November, but that planning had focused
on drilling wells south of town. Compelled to drop that idea, the city began
planning for a new water plant. On November 23, 1993, council members
received the summary of comprehensive water supply plan which concluded
that a plant should be built north of town at a cost of $47 million. The council
was asked to hire a consultant to plan the details of a new water plant (at a
cost of $2.4 million). During the heated discussion that ensued, Bruno
Piggot, Karen Kubby, and I urged the council not to approve the contract
without first giving the public an opportunity to review and comment on the
entire water supply plan. We also urged the council to explore ways to reduce
the projected cost by using water more efficiently, by building a smaller water
plant, and by exploring innovative ways to clean up river water before it
entered the plant. Outgoing Mayor Courtney and others on the Council
accused us of having a ''hidden anti-growth agenda" and trying to "delay" the
plant. We lost that vote H. However, we were assured that the public
would have an opportunity to ask questions about the proposed plant by early
summer.
The opportunity never came. Throughout January and February, there was a
fluny of activity in response to the questions we had raised. The city staff
initiated a series of meetings with neighborhood associations, Environmental
Advocates began analyzing the water supply plan and recommending
alternative approaches, and I posed a series of detailed questions to the staff.
The League of Women Voters also held a forum about the city's water supply
needs. At that time, representatives of the local business community argued
that a new water plant was needed to accomodate projected growth.
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That flurry largely stopped in mid-Februal)' when the staff produced a lengthy
report in reponse to my questions. Though I felt that the report did not take
most of my questions seriously, the report did persuade me about one
important point: a 20 percent reduction in the size of the new plant would
reduce construction costs by only about $2.5 million. The implication was
clear: if the existing plant could not reasonably be improved or expanded,
then it would not make much sense to reduce the size of the new plant by
using water more efficiently. For me the question became how to minimize
economic hann to people of Iowa City.
Council did not talk about the water plant again until July 21. I entered that
meeting feeling vel)' frustrated. It had become clear that there would be no
public hearing about building a new plant, and many of my arguments and
questions had still not been taken seriously. Wanting to temper the increase
in water bills, I urged staff to devise an aggressive water efficiency progr'1m for
renters, lower income households, and households on fixed incomes. I left
the meeting feeling quite disappointed, sensing that the course of our water
supply planning could not be altered.
Throughout August and September, the city's water supply planning
discussions focused on a land owner's claims that the city could reduce costs
substantially by buying less land for the plant and by avoiding trivial and
unnecessal)' expenses. Those claims were completely off the mark; even if we
reduced land purchases by a third, we would save only about one percent of
the plant's total cost.
So we now find ourselves faced with an 86 percent rate increase to pay for the
new water plant and the new sewerage investment. Staff proposes, rightly I
think, that we should pay for it through increases in water and sewer rates
rather than property or sales taxes. However, I will propose four specific
amendments to the proposed increase: (1) adopt a modest increase in the
minimum monthly charge; (2) shift from a declining rate structure to a
unifonn rate (for water) so that larger users pay the same as smaller users; (3)
establish a special water efficiency program for renters, lower income
households, and households on fixed incomes (to help them reduce water
use and hence their water bills); and (4) charge a special tap on fee for new
users (so that they can pay for the portion of plant capacity that is targeted to
meet new growth).
Please do not be quiet. Whether you support or oppose building the new
water plant, come speak at the Council's public hearing on November 22, and
say why. If you think the proposed rate increases should be changed, come
speak. If you support (or oppose) any of the particular suggestions I have
made her, speak. Whatever you do, please don~ remain quiet thinking that
we are a brick wall. Some of us will alter our positions based on what we hear
from you.
,
JIM THROGMORTON
November 14, 1994
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November 21, 1994
TO:
City Council, Steve Atkins
FROM:
Bruno Pigott
RE:
Outdoor Cafes in Iowa City
I have mentioned during past city council meetings that I am interested in establishing an
ordinance permitting the establishment of outdoor cafes which could serve alcohol on the city
right of way. Currently, the city permits the establishment of outdoor cafes on property of a
business and on city right of way only under very restrictive conditions. Additionally, the
city does not currently permit outdoor cafes on the city right of way to sell alcohol. I
believe that this restrictive policy has acted as a disincentive for businesses downtown from
opening outdoor cafes, which I believe would open should our ordinances be less restrictive.
I would, therefore, like to request to have the issue put on the calendar for a future informal
council meeting if there. is interest.
Outdoor cafes enliven downtown areas in cities large and smalL Outdoor cafes grace the
streets of college towns, state capitols, industrial cities, and even rural hamlets. Here are
just a few of the cities which currently have outdoor cafes: Washington, D.C.; Indianapolis,
Indiana; Pittsburgh, Pennsylvania; Boulder, Colorado; Des Moines, Iowa; Bloomington,
Indiana; and Ann Arbor, Michigan.
Of course, outdoor cafes are not a panacea for the problems of downtown areas. By
themselves, they will not maintain or revive cities. In many cities cafes do, however, add
important elements to areas: they attract people, create a sense of excitement, and encourage
a feeling of safety. Walking down the streets of an area of a town populated by outdoor
cafes is a great contrast to walking along the streets of other parts of the same town. The
Dupont Circle neighborhood on Connecticut Avenue, in Washington, D.C., for instance, is
much livelier than Connecticut Avenue below Dupont Circle. The Broad Ripple neigh-
borhood in Indianapolis, which has many outdoor cafes, is filled with people, in contrast to
the downtown area, which is virtually empty. The Shadyside neighborhood is livelier than
other parts of Pittsburgh.
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Page Two
Outdoor cafes in Iowa City may do more than just create a pleasant atmosphere, however.
They could also be good for the local economy. Much has been made of how the impending
construction of a large shopping mall on the west side of Coralville will affect business
downtown. The pleasant atmosphere created by outdoor cafes could bring residents -- who
might otherwise go to a shopping mall -- downtown during the summer months to eat and
shop in unique surroundings not found in a shopping mall. Furthermore, cafes could help
allract more out-of-town visitors to downtown Iowa City.
I understand that some are concerned that the sale of alcohol at outdoor cafes could result in
increased drunkenness, disorderly behavior, and damage to the businesses in the area. I
believe that many of these concerns may be alleviated by regulating the hours of operation of
the outdoor cafes. That is why any ordinance permitting outdoor cafes which sell alcohol
should have a provision limiting the hours of operation to, say, bctween 9 a.m. and 10 p.m.
If there is sufficient interest on the part of other council members, I would like to propose
that: 1. the city staff gather information on past resolutions and proposals to permit outdoor
cafes; 2. Council discusses the issue at an informal meeting scheduled in the near future; 3.
If sufficient interest still exists for an ordinance permitting outdoor cafes after discussion at
the informal meeting, the council direct city staff to draw up such an ordinance.
Should you have any questions for me regarding this proposal, please feel free to call me at
339-1968. Thanks.
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RESOLUTION NO.
RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP A POLICY FOR
WATER FEES AND CHARGES FOR QUALIFYING LOW INCOME CITIZENS.
WHEREAS, the City Council desires to provide low income citizens with assistance for
municipal water fees and charges, and
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WHEREAS, the City Council has concluded in order to fulfill public health and related
environmental policies, new water treatment and supply facilities are necessary, and
WHEREAS, the increased cost for water services can be a significant burden on low income
citizens,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the City Council directs the City Manager to prepare a policy of financial
assistance through water rate reductions for qualifying low income citizens.
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Passed and approved this
day of
,1994.
MAYOR
Approved by
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ATTEST:
CITY CLERK
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City Attorney's Office
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
. AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
mo^foopolcV,ros
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