HomeMy WebLinkAbout1994-12-20 Info Packet
Memorandum from the Chair of the Historic Preservation Commission regardi g ~ leD
annual planning session. rDJ
Memorandum from the Department of Public Works regarding the recycling
program.
Engineering Divisiori activities report, 1994.
Agenda material for the December 20 meeting of the Council on Disability
Rights and Education.
Minutes of the JCCOG Multi-Family Dwelling Recycling Committee meeting
of November 30, 1994.
Agenda for the December 15 meeting of the Johnson County Board of
Supervi sors and tbe 12/20 Informal meeting.
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City of Iowa City
MEMORA,NDUM
DATE: December 16, 1994
TO: City Council
FROM: City Manager
RE: Material in Information Packet
Memoranda from the City Manager:
a. Water Treatment Plant Site - Rental Properties
b. Traffic Grant
Memorandum from the Department Ot Planning and Community Development
regarding proposed Greenview Manufactured Housing rark.
Memorandum from the City Attorney regarding partial litigation update.
Copy of letter from the City Attorney to Attorney Wagner regarding 0
minutes of closed session.
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TO COUNCIL ONLY:
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Memoranda from the City Attorney:
a. Resignation of Assistant City Attorney
b. Absence from Office
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Memo from Mayor regarding 71st Annual National League of Cities
business meeting (handbook attached).
Information regarding Manufactured Housing Parks.
Copy of letter from Health Dept; to Sr.Center Comm. re space for
Adult Day Program.
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City of Iowa City
MEMORANDUM
Date: December 13, 1994
To: City Council
From: City Manager
Re:
Water Treatment Plant Site - Rental Properties
I received a call over the weekend from the renter at the Dubuque Street property, recently
acquired by the City for our water treatment plant. The renter was concerned about the future
relationship, the City's obligations as a landlord, when they might be required to move, etc. I
assured them that we would work with them and we would be a good landlord. At the time,
the renter was concerned about a potential sewer backup. On Monday morning we made
arrangements to deal with that issue.
If you receive any calls, we are working with the renters in order to make the upcoming
changes as easy as possible.
veltental
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City of Iowa City
MEMORANDUM
December 13. 1994
City Counci 1
City Manager
Traffic Grant
In a recent memo, I indicated we would receive $5,000 in a state
grant. I was in error - it is $14,500 in that it also involves
purchase of new radar units, a laser speed detector and related
equipment, as well as the overtime enforcement expenditures.
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City of Iowa City
MEMORANDUM
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Date:
December 15, 1994
To:,
City Council and City Manager
af Karin Franklin, Director, Department of Planning & Community Development
~Marianne Milkman, Community Development Coorqinator
From:
Re:
Proposed Greenview Manufactured Housing Park (MHP)
Since the Planning & Zoning Commission has recommended approval of the annexation and
rezoning of a parcel for the development of the Greenview Manufactured Housing Park, we now
need to move toward a contract with the developer. Prior to continued discussions with the
developer, we want to ensure that the Council understands the intent of this project and what
commitments will be made by the City and the developer.
Backoround
As you may recall, the 1993 flood highlighted the very low vacancy rate in existing mobile home
parks (MHP) in Iowa City. Many flood victims in the Baculis and Thatcher mobile home courts
who wished to move out of the floodplain were unable to find a rental pad in Iowa City, and either ()
moved out of the city or stayed put. This lead us, with your consent, to investigate the possibility
of establishing a new MHP in Iowa City.
Purpose of Establishino New MHP
1. To provide an opportunity for persons residing in the floodplain to move out of the
floodplain.
2. To provide additional affordable housing options to low income residents.
Use of CDBG Flood Relief Funds
Since the intent of the allocation of CDBG Flood Relief funds is to mitigate the effects of flooding,
one way to do this is to encourage residents to move out of the floodplain. It was therefore
decided to put out a request for proposals for a manufactured housing park to be developed as
a public-private partnership. CDBG flood relief funds were to be used to provide a subsidy which
would ensure that a portion of the pads would be rented to low income residents (below 80%
median income)' at or below Fair Market Rent (FMR) and to ensure priority for households
wishing to move out of the floodplain. Although the subsidy will ensure 116 pads at or below
FMR, the remainder of the park will provide a lower cost housing option in Iowa City that is scarce
'-
'Tenants of the 116 FMR pads must have incomes below 80% of Iowa City median income
as determined annually by HUD. Currently 80% median income levels are:
1 person household $26,300
2 person household 30,100
3 person household 33,850
4 person household 37,600
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at this time. An experienced Manufactured Housing Park developer/manager was sought to work
with the City. Robert and Erma Wolf, owners of Modern Manor MHP, were selected.
How the Public. Private Partnership Will Work
City Responsibilities
- Annexation and rezoning.
- Contribution of $420,000 in CDBG flood funds for land acquisition.
- Extension of water main to the site; (part of an approx. $233,000 project to extend main to
wastewater treatment plant; MHP share is $24,000)
- Provide right-of-way for sanitary sewer.
- Improvement of Sycamore Street extension (cost approximately $837,000) which also provides
access to soccer field site.
- Monitoring and enforcement of CDBG regulations as applicable.
- Possible rehabilitation/replacement of mobile homes.
Developer/Owner Responsibilities
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- Acquisition of remaining land for MHP at $220,000.
- Reservation of 116 pads at Fair Market Rent (FMR) for households residing in the floodplain
and other low income households; pads to be reserved for 15 years after completion of the
park.
- All development within the MHP (streets, pads, community building, water, sew~r, stormwater).
- Dedication of property for streets (W = 33'; N = 33'; may have dedication of right-of-way for
interior E-W street).
- Density to be less than or equal to RS-5 plus the other conditions as per Planning and Zoning
approval (attached).
- All design and engineering costs.
- Financing of development/operation of the park. '
- Operation and management of the park.
- Annual certification of income for the 116 reserved pads.
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City and developer will sign an agreement incorporating all requirements and responsibilities.
This agreement will act as a deed restriction on the title. Some details of this agreement have
yet to be finalized.
Selected elements of the agreement include:
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1. Type of unit
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. All units must have wood or vinyl siding (no metal).
. Dark brown skirting is required for all units (when a unit is moved new skirting is almost
always needed).
. All units must be decent, safe and sanitary and will be inspected before and after
installation.
. Decks are required, but can be added at the tenants' convenience.
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Park will have resident manager.
Pad rent includes mowing, snow removal and garbage pickup.
Pets weighing 25 Ibs. or less are permitted; an additional $5/month rent its charged.
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. Lease is automatically renewable month-to-month
. Termination of lease by either party requires at least 60 days written notice.
3. Tenant Selection (for 116 FMR pads)
. Priority will be given to households relocating out of the floodplain.
. Tenants will be selected by park owner.
. Owner will verify income eligibility of tenants
. Owner will check rent history. and credit worthiness.
. Owner will certify tenant income eligibility annually.
. Owner will refer households in need of additional assistance to the City.
At the work session on December 19 we would like to discuss the various elements of this
project. We feel that the Council needs to be comfortable with the investment the community is
making in this project and with the product you are supporting, before the annexation and
rezoning issues are discussed. The annexation and rezoning will be discussed at the public
hearing on January 3 and the preceeding work session.
cc: Robert & Erma Wolf
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December 1. 1994
Prooosed Plannina and Zonina Commission Recommendation for ANN94-0007. REZ94.0012
Approve ANN94.0007, a request to annex 80 acres, known as the Langenberg tract, and
located immediately north of the City's wastewater treatment facility site.
Approve REZ94.0012, a request to rezone the annexation area from County RS to RFBH,
Factory Built Housing Residential, subject to
11 Approval of the annexation by the City Development Board.
2) Approval of a stormwater management plan and a grading/erosion
control plan by the City Public Works Department that assures
mitigation of runoff and/or siltation discharge from the site to the Snyder
Creek Bottoms.
31 Incorporation of appropriate open space for future residential
development that conforms to the criteria set forth in the adopted
Neighborhood Open Space ordinance.
4) Design and implementation of a landscaping plan for the site with I
special emphasis on vegetative screening along the west and north 9
boundaries of the site. I
51 Design of a site plan for the manufactured housing park that ensures
pedestrian access to the east and to the south of the Langenberg Tract.
6) RElview and approval by the Iowa City Planning and Zoning Commission
of any site plan or land division that occurs on the Langenberg Tract.
71 Adherence to a density level of the RFBH-zoned area shall not exceed
an RS-5. Low Density Single-Family Residential density of five dwelling ,!
units per acre.
81 Approval of a maintenance agreement between the City of Iowa City
and Johnson County for any portion of Sycamore Street remaining in the
County following the annexation and rezoning.
9) Commitment by the City of Iowa City to provide adequate infrastructure
to the Langenberg Tract in a reasonable time period, including, but not
limited to providing City water, sewer and access.
101 Design of a site plan for the manufactured housing park that ensures
vehicular access to the IDRM-zoned tract to the east.
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City of Iowa City
MEMORANDUM
Date: December 15, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney
Re:
Partial Litigation Update; Successful Ruling
Anthonv Carroll Eicher. et al. vs. City of Iowa City & Edward P. Schultz. et al.; Federal Docket
No. 3-9-cv-10154
Congratulations are in order to Assistant City Attorneys Anne Burnside and Patricia Cone-
Fisher for a job well done in the above case, which we just recently won on a motion for
dismissal for lack of federal jurisdiction, see attached order.
The attached Order, which enters judgment in the City and Officer Schultz's favor, is a "big
win" for the City and Officer Schultz, since the plaintiff's attorney has attempted to sue
Officer Schultz individually.
I trust this is of some assistance to you, but please do not hesitate to contact me.
cc: City Clerk'
City Manager
Assistant City Manager
Assistant City Attorneys Anne Burnside & Patricia Cone-Fisher
Attachment
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3103
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united states District Court
SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION
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JUDGMENT IN A CIVIL CASE
ANTHONY CARROL EICHER,
Individually, et aI.,
Plaintiff
vs.
CASE NUMB~lR: 3-94-cv-10154
CITY OF IOWA CITY, et al.,
Defendant
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JUry Verdict. This action came before the Court for a trial
by jury. The issues have been tried and the jury has rendered
its verdict.
and trial
XX Decision by pourt. This action came to consideration/before
the Court. The issues have been considered and a decision has
been rendered.
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IT IS ORDERED AND ADJUDGED that Defendants' motion to dismiss
is granted. Plaintiffs' remaining claims, including the
counterclaim, are dismissed without prejudice for lack of
subject matter jurisdiction.
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December 12. 1994
JAMES R. ROSENBAUM
CLERK OF COURT
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA
DAV~NPORT DIVISION
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ANTHONY CARROLL EICHER, )
individually, and SHARLENE )
EICHER, individually, and )
ANTHONY AND SHARLENE EICHER, )
jointly husband and wife; and )
ANTHONY AND SHARLENE EICHER, )
as Guardians and next best )
friends of JEREMY EICHER, )
MICHAEL EICHER, and JAMIE )
EICHER, )
)
Plaintiffs, )
l No. 3-94-cv-10154
vs. l
l ORDER
CITY OF IOWA CITY, and ) 0
EDWARD P. SCHULTZ, )
individually and, as employee )
and agent of the City of Iowa )
City, and DEANNA BERNARD, )
n/k/a/ DEANNA PETERSEN, )
indi v idually, and jointly Ilnd )
severally, and DEANNA BERNARD )
n/k/a DEANNA PETERSEN, as l
i Guardian and ne~t best friend )
( of JAMIE BERNARD, and BRETT l
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( BERNARD, individually, and )
\ jointly and severally, )
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This is an action brought pursuant to 42 U.S.C. g 1983, and
alao invokes this courts supplemental jurisdiction over olaims
for malioious prosecution and defamation. The complaint 'was
answered by Deanna Petersen, individually and as Guardian and
Next friend of Jamie and, Brett Bernard. Petersen also'filed a
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counterclaim. Defendants City of Iowa city and Edward Schult2
(hereinafter defendants) filod the present motion to dismiss,
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asserting that the complaint fails to state a claim under ~ 1983.
Furthor, they assert that because there is no basis for feaeral
jurisdiction, the court should decline to exeroise its
supplemental jurisdiction and dismiss all remaining claims.
Plaintiffs resist the motion.
I. BACKGROUND
In July of 1992, Defendant Officer Schultz investigated
reports of criminal trespass and indecent exposure. On the 6th ~
9th days of JUly, L992, Schultz created a photoqraphic array for
identification and displayed it to the complainants. From this
process, plaintiff Eicher was identified, and on July 29, 1992,
formal charges of indecent exposure and criminal trespass ware
brought a9alnst the him.
In the fall of 1992, the plaintiff learned that in the
course of conducting the identification, Schultz allegedly made
untrue and false statements about the plaintiff to defendant
Bernar.d and other individuals. Bernard then relayed the
information to her fa~11y and others in the community.
On November 16, 1992, Eicher filed a motion to suppress all
identification evidence, and in particular, the photographic
identification process conducted by Schultt. The court overruled
Eicher's motion. A jury trial was held March 9, 1993, and a
verdict of not guilty on both counts was returned.
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II. DISCUSSION OF APPLICABLE LAW
~
A motion to dismiss pursuant to Fed. R. civ. P. 12(b) (6)
should only be granted when the plaintiff has failed to state
adequately in the complaint a claim upon which relief may be
qranted. ~ v. Saint Bernards Regiona~dical Center, 19
F.3d 1254, 1255 (8th eir. 1994). In determining whether to grant
the motion, the court should examine the complaint in the light
most favorable to the plaintiff, and should construe all
allegations contained in the complaint as true. Davie v. Hal~,
992 F.2d 151, 152 (8th Cir. 1993) (per curiam); ~ohl v. casso~, 5
F.3d 1141, 114G (8th Cir. 1993).
If "matters outside the pleading are presented to and not
excluded by the court, the motion shall be treated as one for
summary judgment and aisposed of as provided in Rule 56, and all
parties shall be given reasonable opportunity to present all
material made pertinent to such a motion by F.ule 56.11 Fed. R.
Civ. P. 12(b). Both par:ies have submitted and are aware of
documents which are outside the pleadings. Neither has objected
to the submission or consideration of these documents by the
court. Because the parties have had constructive notice that the
court would consider ~atters outside the pleadings, AnQel v.
Hilliams, 12 F.3d 766, 788 (8th eir. 1993), the court treats the
motion as one for .summary judgment.
Summary judgment is appropriate if, viewinq the evidence in
the light most favorable to the nonmovinq party. "thet'e is no
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genuine issue as to any material fact and if the movinq part~ IR
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entitled to judgment as a matter of law." Fed. R. ci". P 561
~erson v. tibertv Lobby. Inc~, 477 U.S. 242, 250 (1986).
A. 42 U.S.C. 5 1983
1. Collateral Estoppel
Plaintiffs assert that the actions taken by defendants which
led to the identification of the plaintiff, violated the
plaintiffs' due process rights under the 'fifth and fourteenth
amendments of the constitution.
The Supreme Court has held that the doctrine of collateral
estoppel is applicable in section 1983 cases where the parties
have had a full and fair opportunity to litigate their federal
claims in state court. Allen v.' Mccurrv, 449 U.S. 90, 95-105
(1980). In~, the plaintiff brought a section 1983 claim
alleging that his fourth amendment rights had been violated when
the officers executed a search and seizure in his house. xg. at
92. The search and sei2ure had previously been upheld on a
motion to suppress in a state criminal case. 14. at 93. The
S~preme Court held that collateral 3stoppel precluded Allen's
relitiqation of the search and 'seizure issue in the section 1983
action. ld. at 104.
In this action, Eicher alleges that both Officer Schult2 and
the city of Iowa City' deprived him of his dUG process rights.
1 TO all&g6 a violation by the City, a plaintiff must show
the unoonstitutional implementation or execution of a department
pulley or custom. Monel~ v. Department of Sooial Se~icesr 436
U.S. 658 (1979). Although defendants assert that there have been
no tacts alleged which ~ou!~ support such a claim, the complaint
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During the pretrial proceedings in the state court action, the
district asscciate judge ruled there was no evidence that the
identification process was either "unduly suggestive or otherwise
improper rising to any level that would deprive defendant of
oonstitutional rights to a fair trial." state of Iowa v. Ei9her,
No. 30542, Ruling and Order at 4 (Johnson County District Court,
Nova~~er 24, 1992).
An issue litigated in a suppression hearing of a state
criminal case "may serve to COllaterally estop a litigant from
asserting the claim in a ~ 1983 action." ~ars v. Seara.
~uck & Co., 984 F.2 972, 975 (8th Cir. 1993). Because the
issue of ~hether Eicher's fifth and fourteenth amendment rights
were violated by the identification process used by Officer
Schultz has already been determined by the state court, the
doctrine of collateral estoppal precludes relitigation of the
same issue in this court.
2. statute of Limitations
Defendants assert that even if the plaintiffs have a viable
alleges that the "Police Department of the city of Iowa City
rec~l~~sly, and with callous disregard for the rights of
individuals trained, encouraged, and allo~led Defendant Officer
Sr.:hultz to disregarcl the rights of accused individuals and
,specifically Iowa city had a policy with regard to identification
of accused individuals, to deprive those individuals ot due
process. II Complaint at ~ 27. '!'his is au~ficient to ~tat8 a claim
against the t;ity ot Iowa City pursuant to section 1983. ~
v. Tarrant CQuntv Narcotics Intell.iqence and coordl.natiQnJlnit, 507
U.S. (1993): 113 S. ct, 1160, 1163 (federal court may not
apply heightened pleading standards in civil rights cases alleqing
municipaL liahility under section 1983). '
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section 1983 cause of action, such a claim arose the date of the
flawed photographic identification, that is July 6 or 8, 1992.
According to the plaintiff, he did not learn of the officer's
procedures until "fall" of 1992. The complaint in this aotion
was filed september 12, 1994. In his resistance, the plaintiff
states lithe underlying, tort herein is malicious prosecution for
which the Iowa statute of limitations commences with the ruling
favorable to the accused. That occurred in March, 1993."
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Resistance at ! l(d).
To the extent EiCher is Claiming malicious prosecution, his
claim is not cognizable under section 1983 because it does not
allege a constitutional injury. ~erson v. Sc~ueter, 904 F.2d
407, 409 (8th Cir. 1990) (plaintiff acquitted of fish and game
viol4tion, brouqht ~ 1983 suit on theories of malioious
prosecution and violation of substantive due process).
"[M]alicious prosecution can ,form the basis for a section 1983
action only if the defendants' conduct also infringes some
provision o~ the Constitution of federal law. II IlL.
However, the underlying claim as described in the complaint
is based on his deprivation of fifth and fourteenth amendment
rights. This claim is barred by the dootrine of issue preclusion
as discussed above, and it is not necessary to address whether
the section 1983 claim is subject to the applicable statute of
Urn! taUons.
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B. Supplemental Jurisdiction
"CIJn any civil action of which the district courts have
original jurisdiction, the district courts shall have
supplemental jurisdiction over all other claims that are' so
related to claims in the action within such original jurisdiction
that they form part of the same case or controversy under Article
II! of the Un! ted States Carlst! tut!on. " 2 au. S . c. 5 1367.
Because this court no longer has original 'jurisdiction over
plaintiffs' claim, it declines to,exercise supplemental
jurisdiction over the state claims of malicious prosQcution and
defamation.
III. CONCLUSION
Based on the forgoing, defendants' motion to dismiss
(Pleading H4) is qranted. The remaining claims, including the
counterolaim, are dismissed without prejudiced for lack of
subjeot matter jurisdiction. The clerk is directed to enter
judgment in favor of defendants.
IT IS SO ORDERED.
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Dated this I ;..t day of December,
1994.
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~~
CITY OF IOWA CITY
Teresa R. Wagner
Barker Cruise Kennedy & Houghton, Lawyers
P.O. Box 2000
Iowa City, IA 52244
Re: December 12, 1994, letter requesting "minutes of closed session"
Dear Teresa:
I am at a loss to respond to your latest request for information, since I cannot tell you why a meeting was closed or
the City Council went into executive session unless and until you tell me the date and time of said alleged "illegal
closed meeting." Unless you have "narrowed in" on the City Council meeting which you claimed to have been illegally
closed, in violation of Chapter 21, Code of Iowa (1993), I cannot tell you the grounds upon which the City Council
either might have or, did or did not go into closed session.
We are more than willing to cooperate with you in trying to identify when the City Council went into closed session,
beginning with our City records August 1994 - which is when James Glasgow filed his injunction action against the Q)
City of Iowa City. However, as I tried to explain to you on Monday, the City is dealing with many more lawsuits than
the lawsuits of your client, James Glasgow, and is acquiring much more property than just the property of your client,
James Glasgow. Indeed, I have no particular recollection of discussing the details of the proposed acquisition of James
Glasgow's property in a manner which you claim occurred.
Please provide me with more specifics, so that I may work with Marian Karr in "tracking down" the answers to your
questions. Perhaps you' are confusing the Monday night work sessions with "formal City Council meetings" which
fall under Chapter 21, Code requirements. Please ask Jim Houghton to call me, and tell me a little more about what
he is claiming to be an "illegal City Council meeting in executive session."
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Thank you very much for your attsntion to this matter, and I look forward to hearing from you soon.
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Respectfully submitted,
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Linda Ne man Woito
City Attorney
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cc:
City Council
City Clerk
City Manager
Assistant City Manager
Sarah Holecek, Assistant City Attorney
J, Patrick White, Johnson County Attorney
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Attachment
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410 !AST WASHINOTON STREET' IOWA CITY. IOWA 12110.1126. IllI) 350-5000' FAX (311) 256.'00'
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CHAIRES A. BARKER
JOHN O. CRUISE
MICHAEl. W. KENNEOY
JAMES 0 HOUGHTON
STEVEN C, ANDERSON
TERESA R WAGNER
BARKER, CRUISE. KENNEDY e. HOUGHTON
LAWYERS
)2:0 :5. OUBUQUE STRtE':"'. POBOX ~ooo
IOWA CITY, IOWA
52244
AREA COOE .319
TELEPHONE
351.8181
FAX 319.351-0<<505
=:~t'i \ -:'.~~NE\I"5 :;:::,:::
December 12, 1994
,.
Ms. Linda Newman Woito
City Attorney
City of Iowa city
civic Center
410 East Washington street
Iowa City, IA 52240
RE: Open Meetings Law
Minutes, Tapes, Notes, Etc. of all Meetings
where Purchase of Glasgow - Washington Park
Property was Discussed (for the Water Treatment
Facility Project of 1994)
Dear Linda:
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Enclosed please find correspondence between Marian Karr
and me regarding the Open Meetings Law and minutes from the
City's meetings regarding the purchase of the property on
North Dubuque street. As I am sure you know, Marian Karr
has refused to release these minutes to us on your advice
that such information is governed by section 21.5(4) of the
Code of' Iowa, 1993.
As I read Chapter 21 of the Iowa COde, the city is
authorized to hold closed sessions only for reasons ex-
plicitly stated in section 21.5(1) (a) through (j) or if ex-
pressly permitted by another section of the Code. See Iowa
Code section 21.5(3). The Code section referenced in Marian
Karr's letter does not enumerate grounds for which minutes
cannot be released. It only describes the process by which
the City must open records pursuant to Court Order. We
would like to know more specifically on what grounds you are
relying to have held a closed session in the first place.
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Ms. Linda Newman Woito
Page -2-
December l2, 1994
I presume that you are relying on either Iowa Code Sec-
tion 21.5(1) (c) or 21.5(1) (j). But neither section applies,
for the reasons stated in my November 23 letter.
With respect to Iowa Code Section 21.5(1) (j) in par-
ticular, I am sure that you have noted that a closed session
is only authorized to discuss the purchase of a particular
parcel of real estate "where premature disclosure could be
reasonably expected to increase the price the governmental
body would have to pay for that property. II In this case,
the city has disclose~ its intent to purchase the Glasgow
site for,months. In addition, the City's offers and the
condemnation jurors' awards were published in a newspaper of
general circulation (The PreSS-Citizen) for all to see.
There is nothing left that needs to be kept secret from the
public which could possibly affect the purchase price.
Therefore, as we see it, there are no grounds for you to
withhold these minutes.
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Second, the Code requires that the minutes be made
available to the public when a transaction like the purchase
of real estate is complete. The City has already issued the
checks for the 230 acre site on North Dubuque Street. The
only issue outstanding is the question of the fair market
value of the land, to be argued if a party chooses to
appeal. But the contents of the closed meeting have no
bearing on this. '
This is our last request that these minutes from these
meetings be made available immediately. otherwise, we will
have no choice but to sue pursuant to the Iowa Open Meetings
Law.
Very truly yours,
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Tere,. R. ..g~
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cc: Press-Citizen
Jim Glasgow
John Cruise
J. Patrick White'
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..JOHN O. CRUISE
"'CHAE~ W. KENNEDY
.JAMES D. HOUGHTON
STEVEN C. ANDERSON
TERESA R. WAGNER
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BARKER. CRUISE, KENNEDY 8c HOUGHTON
LAWYERS
gZO S. DUBUQUE STREET. p. O. BOX ZOOO
IOWA CITY, IOWA
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AREA COOE 31g
TE~EPHONE
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F'AX 310.3:JI.OeO!S
November 23, 1994
Ms. Marian K. Karr
city Clerk
City of Iowa City
410 E. Washington
Iowa City, IA 52240-1826
Re: Open Meetings Law
Minutes, Tapes, Notes, Etc. of all Meetings
Where Purchase of Glasgow - Washington Park
Property Was Discussed (For the Water Treatment
Facility Project of 1994)
Please consider this a formal request for minutes, tapes,
notes and/or other records and things of any sort regarding the
city's attempt to purchase the property north of I-80 for the wa-
ter treatment facility project of 1994, to-wit: The Glasgow -
Washington Park land.
We make this request pursuant to Iowa's Open Meetings Law,
or Iowa Code Section 21, which requires that governmental bodies
meet and make such meetings open to the public and that public
records be easily accessible to the people. We are aSking for
these items, therefore, as members of the public.
We are aware that governmental bodies can, in some in-
stances, hold closed session meetings under Iowa Code section
21.5. None of these sections, however, apply. In particular,
section 21.5(1) (c), which reads:
A governmental body may hold a closed session only to
the extent a closed session is necessary for any of the
following reasons: To discuss strategy with council in
matters that are presently in litigation or where liti-
gation is imminent, where disclosure would be likely to'
'''--.
Dear Marian:
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Page -2-
November 23, 1994
prejudice or disadvantage the position of the govern-
mental body in that litigation.
This section is not applicable here because the city's counsel,
Linda woita was excluded from these discussions.
section 21,5(1) (j), which reads:
A governmental body may hold a closed session .., to
discuss the purchase of particular real estate only
where premature disclosure would be reasonably expected
to increase the price the governmental body would have
to pay for that property.
It is also not applicable since it turns on the premature disclo-
sure of the governmental body's purchasing plans. Because the
City of Iowa city has disclosed its intention to purchase the
Glasgow - Washington Park property many times in public, and, be-
cause the owners were sent condemnation papers last week, there
is no risk of premature disclosure here and this section cannot
obtain.
Please let us know as soon as possible when these materials
can be ready for us. If you wish for us to come to the city of-
fices, that, of course, can be arranged. Just let us know when
we can come.
,I thank you for your prompt attention to this matter.
Very truly yours,
Teresa R. Wagner
TRW/dc
cc: James p, Glasgow
John D. Cruise
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CITY OF IOWA CITY
December 6, 1994
.Ms. Teresa Wagner
Barker, Cruise, Kennedy & Houghton
920 s. Dubuque street
PO BOle 2000
Iowa City IA 52244
Dear Ms. Wagner,
'..
I am in receipt of your letter of November 23, 1994, requesting
information on the city's purchase of property north of I-SO for
the water treatment facility project.
Any information on the above mentioned project discussed at Council
work sessions and/or formal meetings is available in my office. As
you know an index of all discussions is available and my staff will
assist you in making copies.
I have been informed by city Attorney Woito not to disclose
information from council executive sessions on the above named
project, since release of any information is governed by Section
21.5(4) Code of Iowa, 1993.
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Please let me know if I can be of further assistance.
Sincerely,
lt~~ ~V
Marian K. Karr, CMC/AAE
city Clerk
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cc: City Attorney
City Manager
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City of Iowa City
MEMORANDUM
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Date: December 15, 1994
To: City Council
From: Douglas S. Russell, Chair, Historic Preservation Commission
Re:
November 12, 1994, Historic Preservation Commission Annual Planning
Session.
The Historic Preservation Commission held its annual planning session on November '12,
1994, at which it discussed and prioritized its work schedule for Fiscal Years 1995 and 1996.
Attached please find an outline which was produced as a result of this session. The outline
will be an attachment to the Commission's monthly agenda, and will help serve as a guide for
the Commission over the next year. The outline indicates the status of the Commission's
current projects, what items need to be addressed over the next year, and what issues the
Commission will need to consider addressing within the foreseeable future. Many of these
items, including the proposed ordinance amendments, architectural/historical surveys and
National Register nominations; were derived directly from the Historic Preservation Plan. The
outline is basically a work plan for the implementation of the Preservation Plan over the next
year. The Commission will meet again next Fall to review their progress and revise their
priorities as necessary.
If you have any questions, please do not hesitate to contact our staff person, Scott Kugler at
356.5243, or any of the Commission members.
b~hpc12.12
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Preservation Plan Implementation tFY95.96)
1. Survey Work/New Districts:
a. Longfellow/Court Street
1. Grant has been awarded from HRDP.
2. Survey work to begin in January of 1995.
3. Possible East Court Street Historic District to follow.
b. Muscatine A venue Moffitt Cottages
1. National Register Listing is complete.
2. Will pursue creation of local historic district.
c. College Green/College Street
1. National Register nominations for December, 1994, grant cycle.
2. Possible local historic or conservation districts to follow.
d. North Dubuque StreetlLinn Street Corridor
1. Survey proposal for December 1994, grant cycle.
e. Other possible areas for consideration
1. Kirkwood Avenue.
2. Iowa Avenue.
3. More study of the Northside area.
4. Identification and adoption of local landmarks. I
2. Legislation r
a. Conservation District Ordinance
1. Goal: before Council in late Spring of 1995.
b. Landmark Ordinance
1. Goal: before Council along with Conservation Ordinance.
c. Ordinance Tightening Amendments
.r 1. Porch removal.
2. Artificial siding.
r~' 3. Greater penalties for demolition permit violations.
\ 4. Before Council at same time as Conservation & Landmark Ordinances?
\
)004 3. Coordination With Other Agencies I
n~ a. Joint meetings for FY95-96
, I
, ,~ 1. Friends of Historic Preservation.
; I 2. Design Review Committee.
I 3. County Historic Preservation Commission (re tax incentives)
, I b. Other agencies to consider working with
II 1. Neighborhood associations.
, I
; ! 2. Historic Preservation Alliance
! I 3. Community Institutions ({JI, Mercy, Chamber, Convention & Visitors Bureau)
If; 4. Downtown association
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II 5. Johnson County Historical Society
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'J 4. Public Awareness (preservation Week. May, 1995)
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5. Other Projects:
Scrapbook of past projects
Welcome/notification to new residents in existing historic districts
Budg~i~~ '
I. Possible increase in matching funds for grants.
2. Possible increase in staff to 1/2 time rather than 1/4 time.
3. Seek funding from Friends of Historic Preservation to assist grant matching.
Technical assistance
Economic incentives
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MEMORANDUM
TO:
Chuck schmadeke, PUblic Works Director
FROM:
.
Floyde pelkey, supt. of Solid Waste
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RE: City Recycling program Items
METAL & WHITE COCOS. (APPLIANCES. ETe.!
The Iowa City Landfill started separation of metal and white goods on 8/1/89. The Refuse Division
started separate curbside collection of white goods on 8/1/89. The curbside collected white
goods are taken to the landfill recycle site. white gOOdS are then picked up and recycled by
Alter corp. of Davenport, Iowa. we have not used the services of statewide Auto crushing since
October 1993 so those totals have been eliminated from this report.
MONTH/YEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994'
May, 1994
Jun, 1994
Jul, 1994
Aug, 1994
sep, 1994
Oct, 1994
NOV, 1994
COLLECTED CURBSIDE
4.89 ton
3.40 ton
1.92 ton
3.36 ton
4.88 ton
3.50 ton
6.58 ton '
7.23 ton
6.29 ton
5.28 ton
5.00 ton
2.71 ton
COLLECTED @ LANDFILL
19.69 ton
13.37 ton
12.32 ton
35.18 ton
21.12 ton
31.93 ton
33.86 ton
35.31 ton
31.83 ton
34.53 ton
26.09 ton
23.19 ton
The tonnages collected by Alter corp. do not necessarily reflect the month that the white goods
are collected by the landfill.
MONTH/YEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
APr,1994
May, 1994
Jun, 1994
Jul, 1994
Aug, 1994
sep, 1994
Oct, 1994
NOV, 1994
COLLECTED/ALTER CORP
13.85 ton
9.14 ton
12.71 ton
18.80 ton
14.42 ton
15.10 ton
22.63 ton
7.75 ton
22.67 ton
13.46 ton
13.79 ton
INCOME FROM ALTER CORP.
849.29
754.65
748.93
1,125.07
899.48
891.92
1,058.14
333.88
1,243.12
742.86
770.13
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Recycle p'rogram Items. pg. 2
TIRES
The City's tire recycling program started on 9/1/89. Tires are collected at the Iowa City Landfill
and at the curb by the Refuse Division, then taken to the Landfill recycle site. The tires are
picked up by Rosebar Tire Shredding Co. of vinton, Iowa at a cost to the City of $75.00 per ton
plus a fee for rims collected.
MONTHIYEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
Jul, 1994
Aug, 1994
sep, 1994
Oct, 1994
NOV, 1994
COLLECTED CURBSIDE
,OS ton
.02 ton
, .00 ton
.04 ton
.45 ton
.50 ton
.13ton
.36 ton
.13 ton
.27 ton
.16 ton
.17 ton
COLLECTED @ LANDFILL
.79 ton
.44 ton
.26 ton
1.30 ton
2.93 ton
3.38 ton
6.86 ton
2.05 ton
4.20 ton
3.21 ton
2.58 ton
2.52 ton
"
The tons collected by Rosebar Tire Co. do not necessarily reflect the month that the tires are
collected by the landfill.
" '
MONTHIYEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
Jul, 1994
Aug, 1994
sep, 1994
oct, 1994
NOV, 1994
COLLECTED BY ROSEBAR
6.96 ton
19.58 ton
13.12 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
EXPENSE PAID TO ROSEBAR
522.00
1,468.50
984.00
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NEWSPRINT
The City began drop site collection of newsprint on 3/28/90, with seven locations now available
(ECOnOfoods, No. Dodge Hy vee, City carton, Eastdale Mall, Recreation Center Lot, pepperwood
Place, Rochester Hy Veel. The City collects the newsprint from the drop sites and delivers them
to City Carton Co. for processlng.ln addition, the City began curbside collection of newsprint on
7/13/92. The curbside newsprint is also d6i;vered to City Carton Co. for processing. The City pays
City Carton Co. by weight according to the Chicago Market price. Since JUly, 1994 City Carton has
been paying the City for newsprint from the curb and bins based on the market value.
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MONTHIYEAR
Dee, 1993
Jan, 1994
Feb,1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
Jul,1994
Aug, 1994
sep, 1994
oct, 1994
NOV, 1994
MONTHIYEAR
Dee, 1993
Jan, 1994
Feb,1994
Mar, 1994
APr,1994
May, 1994
Jun, 1994
Jul,1994
Aug, 1994
Sep,1994
Oct, 1994
NOV, 1994
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Jul, 1994
Aug,1994
sep,1994
oct, 1994
NOV, 1994
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COLLECTED CURBSIDE
35.35 ton
31.10 ton
28.63 ton
38.02 ton
35.35 ton
41.27 ton
34.99 ton
29.88 ton
39.50 ton
38.67 ton
37.45 ton
42.06 ton
PD TO CITY CARTON:CURBSIDE
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PYMT. FROM CC:CURBSIDE
747.00
1,777.50
1,933.50
2,434.25
2,523.60
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COLLECTED @ DROP SITES
119.03ton
90.24 ton ,
106.79 ton
125.43 ton
117.78 ton
133.31 ton
121.77 ton
121.77 ton
110.99 ton
110.61 ton
126.12 ton
114.02 ton
PO TO CITY CARTON:DROP SITES
1,190.30
902.40
1,067.79
1,254.33
1,177.80
1,328.51
.00
.00
.00
.00
.00
.00
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PYMT. FROM CC:DROPSITES
1,832.69
3,891.91
4,468.29
6,955.64
5,722.26
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Recycle Program Items. pg. 4
YARD WASTE
The Iowa City landfill started separation of yard waste and the Refuse Division started separate
curbside collection for yard waste on 5/21/90. The curbside collected yard waste Is taken to the
Landfill recycle site.
.
COLLECTED CURBSIDE
17.10 ton
23.05 ton
3.00 ton
71.42 ton
196.70 ton
207.13 ton
183.52 ton
166.80 ton
144.42 ton
123.76 ton
120.03 ton
71.19 ton
COLLECTED @ LANDFILL
36.77 ton
6.88 ton
5.45 ton
103.95 ton
235.55 ton
330.34 ton
270.91 ton
228.85 ton
213.13 ton
175.15 ton
152.24 ton
132.72 ton
,-..
MONTH/YEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
JUI, 1994
Aug,1994
Sep, 1994
oct, 1994
Nov,1994
PLASTIC BOTTLES
The City of Iowa City began drop site collection of plastic milk JugS on 6/12/89, with eight
locations now available (ECOnofoods, No. Dodge Hy vee, City service Yard, City carton, Eastdale
Mall, Recreation Center Lot, pepperwood Place, Rochester Hy Veel. The City collects the bottles
from the drop sites and delivers them to City Carton co., where they bale the plastic and ship
It for processing.
r
In addition, the City began curbside collection of plastic bottles on 7/13/92. The curbside bottles
are also delivered to City carton co. for processing.
MONTH/YEAR
Dee, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
Jul, 1994
Aug, 1994
sep, 1994
oct, 1994
Nov,1994
'COLLECTED CURBSIDE
2.24 ton
2.12 ton
2.20 ton
2.78 ton
2.29 ton
2.51 ton
2.32 ton
2.01 ton
2.55 ton
2.61 ton
2.52 ton
2.77 ton
COLLECTED DROP-SITES
7.91 ton
8.36 ton
10.48 ton
11.54 ton
, 8.49 ton
8.82 ton
8.95 ton
8.70 ton
8.20 ton
7.83 ton
8.94 ton
7.51 ton
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Recycle Program Items. pg. 5
TIN CANS
The City of Iowa City began drop site collection of tin cans on 3/91, with two locatIons now
available IEconofoods, City cartonl. The City collects the tin cans from Econofoods and delivers
them to City Carton co. for processing.
In addition, the City began curbside collection of tin cans on 7/13/92. The tin cans are delivered
to City Carton Co. for processing.
COLLECTED CURBSIDE
4.12 ton
3.56 ton
3.81 ton
4.95 ton
3.43 ton
4.06 ton
3.36 ton
2.79 ton
3.19 ton
3.74 ton
3.41 ton
4.02 ton
COLLECTED @ DROP SITES
3.21 ton
2.47 ton
1.16 ton
2.77 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
MONTHIYEAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
JUI, 1994
AU9, 1994
s,ep, 199~
oct, 1994.
NOV, 1994
GLASS
The City started drop site collection of glass on 8/90, with four locations available (ECOnofoods,
NO. Dodge Hy vee, City Service Yard, City Cartonl. The City collects the glass, which Is separated
by color and delivers It to City Carton Co. for processing.
In addition, the City began curbside collection of clear glass on 7/13/92. The curbside clear glass
Is also delivered to City Carton Co. for processing.
MONTHlY EAR
Dec, 1993
Jan, 1994
Feb, 1994
Mar, 1994
APr, 1994
May, 1994
Jun, 1994
Jul, 1994
AU9, 1994
sep, 1994
oct, 1994
NOV, 1994
COLLECTED CURBSIDE
7.49 ton
6.02 ton
6.71 ton
9.38 ton
7.18 ton
8.90 ton
7.91 ton
7.20 ton
8.08 ton
7.18 ton
6.86 ton
7.12 ton
COLLECTED @ DROP SITES
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
.00 ton
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Recycle program Items. pg. 6
OIL
The City has been providing an automotive waste oil disposal site at the City Service Yard since
9/22/89. Industrial service Corp. collects the City's uncontaminated waste oil
MONTH/YEAR
Dec,1993
Jan, 1994
Feb, 1994
Mar, 1994
Apr, 1994
May, 1994
Jun, 1994
JUI, 1994
AUg, 1994
sep,1994
oct, 1994
Nov,1994
DISPOSAL SITE TONNAGES
3.54 ton
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1994 ACTIVITIES REPORT
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ENGINEERING DIVISION
1994
ACTIVITIES REPORT
The following report outlines late 1993 and 1994 construction projects as well as other
miscellaneous activities of significance. Photos of many of these projects are on display in
the Civic Center Lobby. Please stop by and take a look.
If you would like additional information on anything, please give us a call.
GENERAL
A couple of notes about fundamental shifts in our operations. First, we now begin most major
designs with a predesign meeting involving impacted residents and businesses. These
meetings are primarily for listening and provide an opportunity for staff to hear details about
what the public would like to see in the project and learn of concerns about the construction
process. So far we have had predesign meetings for Rohret Road paving, Woolf Avenue
Bridge, South Sycamore Regional Storm Water Facility, Kiwanis Park and the Fairview/High
Street Storm Sewer Project. These meetings have proved beneficial for both staff and
residents.
Second,' in a community of multiple municipal jurisdictions and educational institutions, there
seems to be an opportunity for economy through standardization of design expectations and
sharing of contracted services for routine construction. To this end, we are facilitating the
development of a single design standard for the urbanized area and are beginning to look for
opportunities to share construction contracts. We recently had our first joint asphalt
resurfacing project with the City of Coralville and we are working with the Iowa City
Community Schools Physical Plant to look for opportunities to share contracts. We are also
enjoying improved communications with the University's planning and engineering staffs.
STREETS AND BRIDGES
Kirkwood Avenue Reconstruction Proiect
Due to the severe rains and flooding in 1993, the final portion of this project didn't begin until
mid-April of this year and was completed by the end of May.
Approximately 4,500 feet of new concrete' pavement, storm sewer, water main, and various
other improvements have been completed at a cost of $1,266,723.75 - $12,525.75 less
than the bid.
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Rohret Road Reconstruction Proiect
This project involves the complete reconstruction of approximately 1.5 miles of Rohret Road
from Mormon Trek Boulevard to the west city limits and includes new concrete pavement,
storm sewer and sidewalks.
Phase 1 (Irving Weber School to the west city limits) began near the end of July and was
completed by the end of October at a cost of $421,985.00 - $1,300.20 less than the bid,
Phase I was constructed by Metro Pavers of Iowa City.
Phase 2 (Mormon Trek Boulevard to Irving Weber School) is currently nearing the final stages
of design'and will be ready for Spring 1995 construction. The preliminary cost estimate for
Phase 2 is $1,375,000.00.
Rohret Road Pedestrian Bridoes
This project involves the construction of two.(2l free-standing pedestrian bridges along Rohret
Road over U.S. Highway 218 to link the sidewalks constructed as a part of the paving project.
Construction began in early July and is scheduled to be completed by the Spring of 1995.
Iowa Bridge & Culvert, Inc. of Washington was awarded the construction contract with a best
bid of $693,272.60.
Maiden Lane Pavino & Sanitarv Sewer Assessment Proiect
This project was designed by MMS Consultants. All American Concrete, Inc. of North Liberty,
was awarded the construction contract with a best bid of $249,777.10. Construction began
on August 18, 1994.
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In order to minimize inconvenience to area businesses, the project will be constructed in two
phases. Construction of the area from Ralston Creek to Prentiss Street will be completed
during the 1994 season and the area from Ralston Creek to Court Street will be constructed
after the conclusion of the spring semester in 1995. This project will improve. pedestrian and
vehicular access to Maiden Lane between Court Street and Prentiss Street and provides
sanitary sewer for the south segment, lighting, and additional parking to enhance the
redevelopment of properties in the area. Half of the revenue generated from parking meters
installed as part of this project will be used to offset a portion of the assessment to property
owners.
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Maiden Lane Pedestrian Bridoe
Iowa Bridge and Culvert Inc., of Washington was awarded the construction contract .with a
best bid of $104,015.00. Construction began on September 22, 1994.
This project was designed' by Shoemaker & Haaland Professional Engineers and involves
construction of a 64 foot by 8 foot precast concrete spandrel beam pedestrian bridge across
Ralston Creek between Court Street and Prentiss Street. Completion of this project has been
delayed pending resolution of the cosmetic problems with the precast beams.
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FY1993.94 Asphalt Resurfacino Prooram
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L.L. Pelling, Co. of Iowa City was awarded the construction contract on August 3, 1993, to
resurface portions of the following City Streets: Rundell Street, Keokuk Court, Church Street,
Park Road, Muscatine Avenue, Burlington Street and Jefferson Street. The contract also
included resurfacing work at Oakland Cemetery and Ryerson Woods as well as streets in
Coralville. The final contract cost was $820,117.64 and funding was broken down as
follows: The Iowa Department of Transportation contributed $42,091.89 to resurface th'e
state highway portion of Burlington Street from Van Buren to Governor Street; Parks &
Recreation Department contributed $29,647.93 for resurfacing Ryerson Woods parking lot
and the Oakland Cemetery roadway; costs for the City of Coralville streets amounted to
$109,390.71 and the balance was for resurfacing of the City streets indicated above.
1993 Pavino Assessment Proiect
This contract was awarded to Streb Construction Company of Iowa City on September 28,
1993. The project, which was designed by Landmark Surveying and Engineering, paved the
northerly 19B feet of the alley south of Bowery Street between Johnson and Dodge Streets
with a total construction cost of $23,955.98.
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North Summit Allev Gradino
Plans have been revised for grading of an embankment along the alley between North
Governor Street and North Summit Street. This work will stabilize the embankment and
alleviate the steep conditions associated with the existing fill. Negotiations have been
proceeding slowly in acquiring the necessary easements, but the project is scheduled to begin
in the winter of 1994 at a cost of about $20,000.
Hiohwav 1/Mormon Trek Boulevard Intersection Imorovements
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The improvement of the Highway 1/Mormon Trek intersection was a fast track project not
originally scheduled for this summer. Shoemaker and Haaland Engineers of Coralville designed
the project while the Planning Department facilitated annexation of the intersection. The
improvements included signals, turn lanes and storm sewer repair and were constructed by
Metro Pavers of Iowa City at a cost of $102,000. The traffic signals were installed by the
Traffic Engineering Division at a cost of $45,000. Traffic control for this project was difficult
but we are happy to report there were no accidents involving the public or construction
workers.
Fair Meadows and Hiohwav 6 Sidewalk and Storm Sewer Imorovements
This project in'volved finishing sidewalk and drainage improvements associated with a
pedestrian crossing of Highway 6 at Fair Meadows. Temporary facilities were constructed
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on short notice prior to the 93-94 school year. The total cost of the permanent facilities wps
$10,260.
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Melrose Avenue Bridae Reolacement Proieot
The design of this project is on hold pending the outcome of an environmental assessment
currently being conducted by BRW, Inc. of Minneapolis" MN. The environmental assessment
process is expected to be complete May, 1995, at a total cost of approximately $110,500.
If a "Finding of No Significant Impact" is issued by the Federal Highway Administration, the
assessment will be used as a tool to assist in the decision process regarding the width of the
bridge and paving. Construction could begin in 1996. If a "Finding of No Significant Impact"
is not issued, an Environmental Impact Statement will be required.
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Woolf Avenue Bridae Reolacement Proiect
This project is currently under design by NNW, Inc. of Iowa City. The City of Iowa City is
seeking Federal funding for this project in the amount of 80% of total construction costs. It
is anticipated that Federal funding will be granted for the 1996 construction season.
In order to receive input from residents living near the bridge, the Engineering Division held
a pre-design meeting at Lincoln School on March 2, 1994, Eighteen (18) residents attended
the meeting.
Court Hill Park South Pedestrian Bridae
This project, constructed by Kohli Construction of Iowa City during August of 1993, involved
the installation of a new precast deck slab and wooden handrails on the existing structure.
The total cost of construction was $7,450.00. The existing abutments constructed of stone
from an old railroad bridge were tuck pointed and preserved.
SEWERS
1994 Sanitarv and Storm Sewer Proiect
The FY1993 Storm and Sanitary Sewer Repair Project was combined with the Westside Trunk
Sewer Project to create a larger and more attractive project for bidders. The project was
awarded to Tschiggfrie Excavating from Dubuque in the spring of 1994 and was completed
ahead of schedule in June with a total construction cost of $698,831.07. This project
consisted of three sanitary relief sewers, one trunk sewer upgrade and one storm sewer
rehabilitation,
Lucas Street/lowa Avenue Allev Storm Sewer
This project consisted of 220 feet of storm sewer and one intake designed to reduce the
flooding of yards and homes bordering an alley east of Lucas Street, south of Iowa Avenue.
The project was constructed by Tschiggfrie Excavating of Dubuque at a cost of $16,000.
Westaate St./Willow Creek Sanitary Sewer Crossina Reoairs
An eight inch sanitary sewer main was exposed in two locations in Willow Creek between
Westgate Street and Benton St.
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Repairs were made at both locations July 11 through July 16 by All American Concrete, Inc.
at a cost of $3,800.00. Work involved excavating around both sewer crossings, encasing
both crossings in reinforced concrete and stabilizing the area around both crossings with
gabion stone.
LANDFILL
Leachate Control Svstem Proiect
This project was needed to collect leachate from the old portion of the landfill that does not
have a liner and leachate collection system. The goal of this project is to reduce the amount .
of leachate pooling in the bottom of the landfill, thereby reducing the potential of leachate
soaking down into the groundwater or traveling off.site. The performance of this project will
be monitored using a number of monitoring wells on and around the old cells. We may find
that it will be necessary to supplement leachate removal through the use of extraction wells.
The project was designed by Shive.Hattery of Iowa City and constructed by Barker's Inc. of
Iowa City at a cost of $362,558.00.
FY95 Cell Construction
Construction of the first cell on the west half of the landfill began in October and is expected
to be complete next spring. This is our second cell with a clay liner and leachate collection
system. This project was designed by Shive.Hattery of Iowa City and is being constructed
by J.B. Holland Construction of Decorah at a cost of $890.000.
REPAIRS DUE TO THE FLOOD OF 1993
In addition to the many emergency repairs completed du'ring the summer of '93, repair and
restoration continue. Two more sanitary sewers collapsed this spring and a number of storm
sewer projects have been requested because of the flooding. Outlined below are two repair
projects in which we have received assistance from the Soil Conservation Service.
Ralston Creek Reoair
This project involved the installation of gab ions to an extensively eroded portion of Ralston
Creek north of the Iowa Avenue box culvert. The project was completed during July and
August of 1994 and the total cost of construction was to $49,321.00. The Soil Conservation
Service provided design services, contract administration, inspection personnel and funding
through the Emergency Watershed Protection Program. The remaining 20% was shared
equally by the City of Iowa City and two 121 neighboring property owners.
Iowa River Flood Repairs
This project is currently under design by Shive-Hattery Engineers and involves the installation
of rip rap and the planting of trees on eroded Iowa River banks located adjacent to Crandic
Park, City Park, Terrell Mill Park, Rocky Shore Drive and North Dubuque Street; repairs to the
emergency spillway of the Iowa River Power Dam; sediment removal from drainage structures
and grading of drainageways. Construction will be completed in 1995. A considerable
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amount of this project will be funded by the Soil Conservation Service (estimated at
$427,0001 and the Federal Emergency Management Agency (estimated at $47,000). The
City of Iowa City is responsible for all costs involved with design, inspection, project
administration and easement procurement.
PARKS
Whisoerina Meadows Wetland Park - Phase 1
Phase 1 of Iowa City's first conversion of a wetland area into a wetland park began in April
1994 and is nearing completion. This park is equipped with facilities that provide .the public
a means to observe the plant and wildlife habitat that reside in the wetland. The first phase
included earthwork to construct a channel and an island, construction of a crushed stone trail,
a wood boardwalk and observation deck, and the planting of native sedge meadow seed and
mesic prairie seed. Bike racks, trash cans, and benches are being installed throughout the
Wetland Park. Phase 2 of the Wetland Park construction, to be performed in the spring of
1995, will include wetland restoration with the planting of native wetland plants. The full
effect of the City's efforts will be seen in a couple years when the wetland plantings have
matured and are in bloom. The approximate construction costs for Phase 1 and Phase 2 are
$111,000 and $20,000, respectively.
1994 Chauncey Swan Plaza Park
The Chauncey Swan Plaza Park was designed in-house by a joint effort of the Parks
Department and Engineering Division. Construction was completed by a combination of
contracted work and in-house staff., .
ARCHITECTURAL ACTIVITIES REPORT 1994
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Chauncev Swan Parkina Ramp
This project involved the construction of a $3,000,000 parking facility south of the Civic
Center between College and Washington Streets. The architect was Newman Monson
Architects of Iowa City and the contractor was Conlon Construction from Dubuque, Iowa.
Currently we are closing out the project by completing final "punch list" items. The ramp was
placed in service in October 1993.
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This project involved the remodeling of the lower level Police Department, which included
showers, locker rooms, squad r,oom, evidence storage, radio and weapons storage, and
general storage. This project was designed in-house and was constructed at a total cost of
approximately $250,000 by Hook Construction of Cedar Rapids. The space was placed in
service in October 1994.
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Civic Center North Roof Reoair
This project involved correcting roof installation deficiencies of Civic Center North Addition.
This work was covered by manufacturer and contractor warranty.
Senior Center Exterior Reoair
This work involved the repairing of roof problems and wall leaks at the Senior Center. Work
included repairing face brick and window lintels, caulking and sealing stone, rebuilding
skylight, and replacing flashing, roof membrane and damaged roof insulation. Also included
was cleaning the exterior and painting window frames. The design work was done by
Howard R. Green Co. of Cedar Rapids and the construction was completed by E & H
Restoration of Davenport at an approximate cost of $150,000.
Airlock at Fire Deoartment Garaae Central Station
This work included the installation of a wall and door to separate the truck garage from
administrative offices at the Central Station. Also included was the installation of a doorway
into the stairway leading to the second floor. The design work was done in-house and the
project was constructed for approximately $15,000 by Hook Construction of Cedar Rapids.
Council Chambers Cable TV Booth
This project included the removal of the old temporary cable TV booth and construction of a
new, larger booth behind the view window to Council Chambers. The project was designed
in-house and constructed for $8,000 by McComas Lacina Construction of Iowa City. This
work was completed in the spring of 1994.
Affordable HUD Housina Proiect
The work involved the design, development and production of construction documents of
eight different house designs and surrounding sites for thirty-three (331 residential units for
the Iowa City Housing Authority. Seven of the residential units have solar energy design
features. Two units are handicapped accessible and the other thirty-one units are
handicapped adaptable. Estimated cost is three million dollars.
This work is being totally designed in-house. The project is to be bid early 1995 with
construction scheduled for spring '95. The houses will be located in the Whispering Meadows
Subdivision. Eight basic plans were developed for single-family detached and zero lot line
units. Seven homes will have solar energy features, Construction documents were completed
in December 1994.
Miscellaneous Desian & Consultina
A. Civic Center Women's Restroom Remodeling 1$8,000)
B. Police Lobby Entrance Remodeling ($7,000)
C. Employee Showers and Exercise Room Remodeling ($20,0001
D. Airport Hangar Preliminary Design & Consulting 1$250,0001
E. Adult Day Program Remodeling ($5,0001
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MISCELLANEOUS
Iowa Avenue Senior Center ParkinQ Lot RetaininQ Wall and Raillmorovement Proiect
This project, completed during July and August of 1994, involved the repair of the retaining
wall located on the south side of Iowa Avenue adjacent to the Senior Center parking lot.
Work included the remQval of the existing deteriorated chain link fence and replacement with
a new aluminum railing, repairs to the concrete retaining wall and replacement of the existing
sidewalk. The contractor was All American Concrete Inc. of North Liberty. The total cost of
construction was to $35,000.
1994 Maintenance and Repair Proiect . Caoitol and Dubuque Street ParkinQ Ramo
This project, which began in July of 1994, involves the repair and maintenance of the Capitol
and Dubuque Street parking ramps. Work includes repair of concrete delamination and
expansion joints, expansion joint replacement, installation of waterproofing membrane,
miscellaneous painting and installation of bird control devices. The project will be completed
in late May, 1995. The contractor is Advanced Chemical Technologies, Inc. of Oklahoma
City, Oklahoma. It is estimated that the total cost of construction will be $193,000.
Demolition of 11 South Johnson
The City had long desired to purchase and remove the house at 11 South Johnson Street
because it was a significant obstruction in the floodway of Ralston Creek. The need for its
removal was made clear last summer when a parked car on the opposite creek bank was
washed away. When the opportunity presented itself, the City purchased and demolished the
house. Although the house was not in good enough shape to move, Pam Barnes coordinated
the removal of some components. Yellow pine and plank flooring, floor joists, doors and a
stained glass window were salvaged and sold at the salvage barn.
Also as a part of the demolition project, the old limestone retaining wall on the north bank,
originally built by the railroad, was restored by sand blasting and tuck pointing. The
demolition and restoration work was completed by Bockenstedt Excavation at a cost of
$16,750.
DEVELOPMENT
Review of subdivision plats, site plans, grading and erosion control plans, and/or designs have
been performed during this year for the following developments:
Kennedy's Waterfront Addition, Part Three
Village Green XIII
Longfellow Manor
Mount 'prospect Addition, Part VII
Southwest Estates, Part Six
Dean Oakes Fourth Addition
Whispering Meadows Subdivision, Part Two
Hunters Run Subdivision, Part 9
Walnut Ridge, Parts Four & Five
Menards
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Fareway Grocery Store
Sturgis Corner
Hills Bank
Ace Auto Recyclers
Baculis Mobile Home Park
Lot 20, West Side Park
Lot 24, West Side Park
Lot 16, West Side Park
621 Iowa Avenue
City High School Classroom Addition
Meadowlark Condominiums
Lots 10 & 11, West Side Park
Lot 33, West Side Park
Windsor Ridge - Parts One, Two, Three & Four
Lots 1.8, Boyrum Subdivision, Part 2
621 Iowa Avenue
Keokuk Street Apartments
Scott's Fourth Addition
City High School Parking Lot
Cub Foods
753 W. Benton Street
Economy Advertising
First Mennonite Church
Lake Calvin Estates
Windsor Ridge, Part Five
Richie Addition
105 Taft Speedway
427, N, Dubuque Street
Lot 44, First & Rochester, Part One
817/821 S. Gilbert Street
ACT Distribution Center
916 Scott Park Drive
South Pointe Addition, Parts 5 & 6
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Construction inspection of public improvements has been performed during this year at the
following developments:
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Walnut Ridge, Part Four
Village Green South - Parts 3A, 38, 4A & 4B
Mount Prospect Addition, Part VII
Scott Boulevard East - Part Two
916 Scott .Park Drive
South Pointe Addition, Parts 1 & 5
Southwest Estates - Part Five
Park West Subdivision - Parts Three & Four
Hunters Run Subdivision - Part 9
Wild Prairie Estates - Parts One & Two
Windsor Ridge - Parts One, Two, Three & Four
Windsor Ridge - Part Five
Whispering Meadows Subdivision, Part Two
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Longfellow Manor
Lot 33, West Side Park
Lot 16, West Side Park
Lots 1-8, Boyrum Subdivision, Part 2
753 W. Benton Street
Idyllwild Condominiums
ACT Distribution Center (Lot 1, BDI 3rd Additionl
ACT (main campus)
National Computer Systems
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Council on Disability Rights and Education
MEETING AGENDA
DECEMBER 20, 1994 - 11 :00 A.M.
CITY COUNCIL CHAMBERS
CIVIC CENTER - 410 E. WASHINGTON ST.
IOWA CITY; IA 52240
1. Introductions
2. Subcommittees/Reports
a.
Housing
Transportation
Public Accommodations
Public Relations
b.
c.
d.
3. Other Reports
4. Meeting Schedule - Note: It has been suggested that the core group meet only once
per month to allow more time and attention for subcommittee participation. A decision
is to be made at this meeting.
5. Other Business
6. Next Agenda
7. Adjourn
Attachments: Summaries of the November 15 and December 6 meetings.
Telephone list of active members (to be expanded).
Copy of an article from the November-December 1994 issue of Modern
Maturitv.
cc: Iowa City City Council
Johnson County Board of Supervisors
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Council on Disability Rights and Education
Jacquelyn Bolden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 338-2331 (W)
Joe Bolkcom .....................................,.. . .. 356-6000 (WI,
Mace Braverman ............,.....................,..... 337-4195 (W)
Ed Brinton . . . . . . . . . . . . . . . . . . . . . I . . . . I . . . . . . . . . . . . . . . . .. 338..4600 (H)
Kevin Burt. . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .. 338-3870 (W)
Tim Clancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .. 354-1067 (H)
Tim Grieves . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . .. 339-6800 (W)
John Harshfield .............,.....................,. . . .. 358-6518 (H)
Pat Harvey ........... " I . . . . . . . . . . . . . . . . I . . . . . . . . I . . . .. 356-5800 (W)
Marjorie Hayden-Strait ..............................,..... 337-5847 (HI
Dale Helling. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . I I . . . . . . . .. 356-5013 (W)
Mike Hoenig ...............,........................... 353-6448 (W)
Karen Kubby .................................... .,. . ... 338-1321 (HI
Bh~Mad~on ........ ..... ... ................... ....... 338~870(W)
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Susan Mask ........................................... 335-0705 (W)
John McKinstry I' . . . I . . . . . . . . . . . . . . . . . . I . . . . I . . . . . . . . . . .
Nancy Ostrognai ........................................ 338-7690 (HI
Larry Quigley . . . . . . I I . . . , . . . . . . . . . . . .. . . I . . . I . . . . . , . . . .. 644-2097 (H)
Keith Ruff . . . . . . . . . . . I . . . . . . . . . I . . . . . I . . . . . . . . . . . , . . . .. 338-3870 (W)
Allyson Schulte .................. . . . . . . . . . . . . . . . . . . . . . .. 337-9637 (W)
Heather Shank . . . I . . . I I . . . . . I . . . . . . . . . . . . I . . . . . . . . , . . . .. 356..5022 (W)
. ,
Doris Jean Sheriff ............................,.......... 339-0579 (H)
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Council on Disability Rights and Education
Date: December 15, 1994
To: Council on Disability Rights and Education
From: John Harshfield
Re: Summary of November 15, 1994, Meeting
The Council met on November 15, 1994, at 11 :00 a.m. in the City Council Chambers at the Civic Center. Those
in attendance included Karen Kubby, Ed Brinton, Lynne Stamus, Nancy Ostrognai, John Harshfield, Kevin Burt.
SUBCOMMITTEE REPORTS:
Housing - Burt reported on activities of the Housing Subcommittee and advised that Karen Kubby is the newest
member.
Public Transportation - Brinton advised that he, Tim Clancy and Doris Jean Sheriff had attended the "hands-on"
demonstration of a lift-equipped transit coach conducted by the Iowa City Transit system. They discussed with
transit officials the need for a more secure tie-down procedure.
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Public Accommodation - Brinton and Ostrognai reported that the second meeting of this subcommittee was held
on November 8. Dick Donahue, a contractor, has joined that subcommittee. They are working'to get
representatives from business, schools, theaters and restaurants. One goal is to produce a booklet listing the I~ 0,'
degree of accessibility to various services and including a rating system. Voting was monitored on election day,
photos were taken and it appeared that the booths worked okay, and they observed that voting this year
appeared to be an overall better experience for persons with disabilities.
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Public Relations - Burt indicated that there may be sufficient public interest to warrant implementation of the
Employment Subcommittee very soon. Several citizens have expressed an interest in serving on this committee.
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OTHER REPORTS:
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Burt reported on a meeting held at the University of Iowa regarding ADA compliance. They discussed funds
expended so far to meet requirements as well as future compliance plans. Specifically discussed was the
Pappajohn building (School of Business) and its shortcomings in terms of ADA requirements versus actual
needs.
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Harshfield reported on the presentation to the Chamber of Commerce Human Resources Committee on
November 3. CORE representatives presented an overview of the organization, answered questions, and
discussed issues, promoted subcommittee participation by Chamber members, and discussed working with the
Chamber subcommittee on employment and possibly combining efforts.
.
Kubby described a staircase modification which she had ,observed while on a recent trip to Mexico where part
of a stairway was converted to a ramp by using wooden wedges. She observed that this might be worth
consideration in some Instances locally.
OTHER BUSINESS:
Burt announced that a consortium on planning and career development will be meeting at the Independent
Living office at 2:00 p.m. on November 21. '
Meeting adjourned.
b~11-15sum
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COUNCIL ON DISABILITY RIGHTS AND EDUCATION
MINUTES
December 6, 1994
PRESENT: John Harshfield, Mace Braverman, Timothy Clancy, Kevin R.
Burt, Keith Ruff, Dale Helling, Heather Shank, Susan
Mask, Anne Burnside, and Mindy Greer.
Co-Chairperson Harshfield called the meeting to order at 11: 10 a. m.
Following introduction of those present, Harshfield noted that the
minutes of the November 15, 1994, meeting were not available.
Helling stated that the minutes would be included in the next
agenda mailing along with today's minutes. Harshfield asked for
comments on the revised memo regarding use of public right-of-way
from Linda Woito, City Attorney, and the letter from University
Representative Susan Mask that were included with the agenda for
December 6. There were no comments.
Harshfield asked for Subcommittee Reports. Burt reported that
neither the Housing Committee nor the Transportation Committee met.
Burt informed the group of a career development project sponsored
by Systems Unlimited, Inc. The service and resource orientation
program for employers and potential employees will be held December
19 at 2 p.m. at Independent Living. Burt informed the group that
the Public Accommodations Subcommittee is developing a checklist
for accommodation. The intent of the list is to focus on ways to
facilitate better accessibility in, the downtown area. Ruff
provided theaters as an example and asked for a personal contact;
Braverman suggested Ruff contact Jay Stein. Following discussion
on possibly expanding committee memberships to include a broad
spectrum of the citizenry, the group will consider reducing the
number of meetings to one a month at the next meeting in order to
encourage the subcommittees to meet more frequently. Following
discussion of the Englert Theater expansion of accessible seating,
Harshfield suggested sending a thank you letter to the Theater.
There being no further reports, Harshfield asked for other
business. Helling asked the committee to consider meeting once a
month. Following discussion centering around avoiding conflicts
with the ,University's ADA Administrative Group meeting, it was
agreed to place the item on the next agenda. Helling suggested
contacting members who were not coming to the meetings in order to
find out why they are not attending and asking if they wish to
continue on the committee. Harshfield and Burt agreed to help
Helling contact members. Helling stated that he was creating a
complete membership roster with addresses and phone numbers.
Helling asked if the group wished to consider creating an
employment subcommittee. Following discussion centering around the
difficulty of the existing committees to meet to define their
various missions and to make progress within the group's
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further diluting efforts. At Braverman's suggestion, this
recommendation was tabled until such time as the other committees
are functioning at a higher level. Helling stated that he hoped to
recruit other members of the City staff to assist with the Public
Transportation Sub-committee; he volunteered to chair the Public
Relations Sub-committee. Burt commented upon the poor clearing of
snow in the curb ramp areas; Ruff suggested contacting property
owners using water bills or the Chamber letter. Helling will
follow-up with City staff as well.
Following discussion, the Committee agreed to include
subcommittee reports and consideration of a monthly meeting on the
next agenda.
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at 11:55 a.m.
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to protect me." But just as surely as
Meredith ushered in a new chapter of
the civil rights movement, Roberts
was starting a civil rights movement
of his own-one that would eventual-
ly remake the world for Americans
with disabilities.
Taking their cues from the civil
rights movements of blacks, women
and other minorities, Roberts and fel-
low disability rights leaders would
challenge widely held myths that peo-
ple with disabilities were incapable of
being educated, working, caring for
themselves, or becoming contributing
members of society. They would chal-
lenge the notion that they led tragic or
lesser lives. And they would proudly
call themselves "disabled."
But it would take almost another ,
30 years, until 1990, before this new ~
self-identity was reflected in law with ~
the passage of the Americans With ~
Disabilities Act, a far-reaching feder- ~
al statute that prohibits discrimination ~
against 49 million Americans. ;
Birth of a movement
The disability rights movement,
which won that law, began the day
Roberts-who was so severely dis-
abled that he spent most of his day in
an iron lung-arrived on the Berke-
ley campus. He needed someone,
oftcn his brother, who was also a stu-
dent, to help him get out of bed.
dress, eat, and open his books. "Help-
less Cripple Attends UC Class-
es . . , ," said one newspaper headline
of the Berkeley experiment.
But Roberts saw school as one
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Independent living,
with help and
accommodations that
Include everything,
from wheelchair
ramps to prostheses,
Is the ultimate goal
of the new civil
rights movement.
place where he could compete. "I'm
paralyzed from the neck down, not
from the neck up," he would say. Still,
because few people with disabilities
even tried to go to college. as Roberts
points out, "there were very few role
models." So he became one. And
within a few years a dozen other stu-
dents with severe disabilities. heart-
ened by Roberts's example, followed
The author writes on social policy him to the Berkeley campus.
issues for u.s. News & World Report In the beginning Roberts himself
and The Washington Post. He reo wasn,'t sure a "crippled" man
ceived the Alicia Pallerson Founda. belonged on a college campus like
tion Fellowship to stu~v the disability Berkeley. Limited opportunities "did
rights movement. which is the subject not seem like discrimination." he
of his book, No Pity: People With says. only something to be expected.
Disabilities Forging a New Civil ''We had such strong feelings of self-
Rights Movement (Times Books, hatred and inadequacy."
1993). He also writes for The Pro- ' On the Berkeley campus. however,
gressive, The Disability Rag & Re- Roberts watched as black students
Source and many other publications, continued on page 30
MM :-lovember-December 199'
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It's okay to be
if disabled people didn't exisU" says (yndi Jones, pubnsher of
the disability magazine Mains/ream. "But that's not where
we're coming from. There's a growing understanding in the dis-
abihty community that it's all right to be disobled, that it's a
natural part of life."
The idea that being disabled is a good thing may seem
bizarre, far-fetched at best. But the celebration of being dis-
abled is the very core of the new disabihty rights movement.
Wouldn't Jones eagerly swallow a magic pill that would eradi-
cate the lingering paralysis of her chndhood polio and allow her
to walk again? "Nol" she says emphatically. And many others
share her viewpoint. That's not to deny that being disabled Is
difficult. For Janes, there is the likelihood that her muscles will
further deteriorate with age. Yet 05 she sees it, "The main thing
disabled people need to do is claim their disability, to feel okay
about it. Even if you don't like the way society treats you, it's
part of your experience, of how you come to be who you are."
In another sign of militancy among the disabled, many now
disdain the Iraditional role model of the heroic disabled person.
Rejected are the supet-performers who surmount great chal-
lenges, lilee the paraplegic climber who scales a Yosemite moun-
tain or the blind sonor who attempts to solo the Atlantic OCe!!ll.
Many people who have disabilities tend to derisively dismiss
such overachievers as "super-crips." Fawning media and movie
portrayals of them, Jones complains, suggest that disabled poo.
pie are deserving of sudety's resped only when they can put
others at ease by mak;ng their disabilities seem irrelevant. They
argue that such extraordinary feafs, although laudable, do not
rellect the day-to-day challenges most disabled people facD-
challenges that may be as simple as finding a bus with a
wheelchair lilt in order to get to work.
Worse, society's glorilication of such exceptions suggests
that disabled people deserve pily-lnstead of respecl-unless
they prove themselves capable of overcoming their physlcallim.
i1atians in an equally spectacular manner.
People wilh disabilities Instead are redefining themselves
and saying It's okay to be disabled. Mary Johnson, former edi-
tor of The Disability Rag & ReSource, the outspoken magazine
of the dlsabihty rights movement,
II- bl II says the best analogy may be with
gay rights. Just as homosexuals in
Isa e the eurly 1 970s rejeded the "stig.
ma" of being gay, she says, dis.
abled people ore saying there is nothing sud or shameful about
their condition. They are taking pride in their identity 05 being
dlsabled-parading II Instead of closeting it.
Even wheelchair design reflects this new self-pride. Marilyn
Hamnton be<ame a paraplegic In a hang-gliding acddent and then
co.founded Quickie, a company that revolutionized wheelchairs. ' I
nl3 firm made the malrs high-performance, lightweight, colorful,
and fully customized instead of heavy and Institutlonal. That I
stylishness says reassuringly that it's okay, It can even be cool'310.
to be in a chair. "If you can't stand UD." Hamlllnn IIk~~ In 'nu "
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Mast nondisabled people just don't get it!
At least fhat's what some disability rights activists think.
During a recent White House gathering to celebrate the fourth
anniversary of the Americans With Disabilities Act and rally for
the President's health-care plan, Hillary Rodham (IIntan spoke
of the importance of disease prevention and biomedical researclt.
Some of the estimated 1,000 people with dlsabilltles assem-
bled on the South Lawn took exceptlon to her words. They
Interpreted her message this way: Health-core reform would
prevent people from becoming disabled or prevent them from
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and women students challenged simi-
lar assumptions about their own
assumed inferiority. "When women
talked about being objects, I under-
stood," he recalls. When blacks and
women talked about the power oflan-
guage, "underneath I got more and
more angry at the way people per-
ceived me as a vegetable with no
future." Adds Roberts. "We were all
talking about the same issues."
The Rolling Quads, as the students
with disabilities called themselves,
quickly found the campus full of bar-
riers that seemed to mock their every
desire to succeed. So,
Roberts and his pals, Th
with the help of a small e
federal grant, started the
Physically Disabled Stu-
dents' Program dedicated to solving
any problem that stood between the
student with a disability and academ-
ic achievement. That meant finding
attendants to help them get to class;
scouting accessible apartments; even
establishing a 24-hour emergency
wheelchair-repair service, since a bro-
ken wheelchair sent back to a dealer
could keep a student out of class for
weeks. "The most revolutionary part
of the whole thing- was that we did it
ourselves," says Roberts.
This seemingly simple program
reflected a revolution in the way peo-
ple with disabilities were coming to
see their lives. Rejected was the
poster-child or recipient-of-charity
model that perpetuated the treatment
of people with disabilities as sick,
incapable and dependent. Doctors had
up to that time measured indepen-
dence by how far one could lift a leg
or walk after an illness or accident.
Roberts redefined independence as
the quality of one's life with accom-
modations, like attendant care or a
ramp. And he argued that people with
disabilities knew better than doctors
or rehabilitation counselors what they
could achieve and what they needed.
In 1972 Roberts and his friends,
who had by then begun to leave
continued on page 32
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Businesses with 15 or more employees must provide reason.
able accommodation to employees or prospeelive employees
with disobilities (mandated as of July 26, 1994, by the Ameri-
cans With Disabilities Ad); businesses with 25 or more employ-
ees have been required to do 50 since July 26, 1992. And as of
January 26, 1992, the ADA also required that all businesses
serving the public be accessible.
So why aren't they?
, Oh sure, there are ramps. In some places. But how many
stores and restourants are stepless or have aisles wide enough
for wheelchairs? Hew many dressing roems, parking struelures,
ollices, public parks, universities, etc., are truly accessible?
And what's the holdup? Maney. Business owners are afraid
of what it will cost them 10 provide real access and allommo'
dation. Are their fears welllounded? Not allording to statistics
cost of modification
colleeled by the Job Accommodation Network, a federally fund-
ed consulting service that provides free information to employ'
ers and people with disabilities. Its research shows that 15 per.
cent of recommended accommedatlons would cost nothing.
Nothingl And 52 percent would cost between $1 and $500.
Only 22 percent would cost more than $1,000.
In fOel, tho government offers incentives to businessos to
make the needed changes. IRS Code Seelion 190, the Architec-
tural Darrier Removal Deduelion, applies to businesses of any
silo and buildings of any age; it allows up to $15,000 a year
for expenses involving the removal of barriers. Section 44, the
Disabled Access Credit, a,plies to small huslnesses (less than
$1 million gross annual receipts or 30 or fewer full-time
employees during the preceding taxable year); if allows up to
$5,000 a year that can be used not only for barrier removal an
buildings built since 1990 but also far other accommodations.
Still, many business owners Insist that providing accommo-
dation will cause them "undue hardship," which the ADA defines
as "significant difficulty ar expense." Although Ihlsls a vague
definlfion at best, faclors considered include the net cost of
modifications alter deductions, credils, and any other payment
(e.g., funds provided by a state department of vocational reha.
billtationl. The size, structure and resources of the business are
also thrown Inte the equation.
Companies are always ready to spend money on onylhing
they think will give them a business edge: new technology,
training for their employees, elc. Yet what many firms don't'
realize is that modifying their facilities to serve people with
disabilities is also good business; it opens the doors 10 a whole
new contingent of dedicaled and well-trained employees-and
enables a whole new contingent of paying customers 10 patron-
ize their establishments. -Barrell Shaw
The aulhor Is editor 01 The Dlsabililty Rag & Reso~rce3 , 08
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The struggle lor rlghls in America Is a very old slory. Many
groups dalm such a slruggle as an Inlegralpllrl ollheir Ameri-
can herllage. II only we disabled people could somehow lell a
similar slory aboul our arrival here In America, aboul our
ollempls 10 become parI allhis sodelY, Ihen maybe our slrug-
gle lor rlghls would be easier:
· We all came on the boallrom the Old Counlry 10 escape
persecution in Europe. The king had del/eed Ihallhere would
be no romps.
· We were brought 10 Ihe New World to work as wheelchair
slaves. We did Ihe lobs Ihalrequlred no reothing or lilting.
oOh yes, we'll always remember lhe Old (ounlry where
everyone could sign lor Ihe deal, and Ihe meal was already wI
up Inlo bite-size pieces. All people wilh cerebral palsy looked
~ I~alled disability
like Daniel Day-Lewis and the parapleglts looked like Tam Cruise
or Joan (rawlord.
01 course Ihol place does nol exisllor us. If fhere is an Old
Counlry lor people in wheelchairs iI's right here in America. II's
a place wilh no windows and bad linoleum Ihal's run by a big
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angry nurse. II's a place with slairs and no romps, narrow
doors, and people who won'l help us in or oul 01 our chairs.
What a 101 01 people don'l realize is thaI civilrighls lor Ihe
disabled, even though nol a nalional or ratial slruggle, is Inle-
grollo the concepl 01 civil rig hIs lor all. Our struggle lor indu-
sian in this sadety is a lesl 01 whether American satiety lruly
wanls diversily and Ireedom lor all.
Wo, the disabled, are a diverse group 10 begin wilh. Eath 01
us has arrived an Ihe scene wilh individual experiences lully
realized. Each 01 us has made Ihe world work lor us ns bes!
we could. " is In Ihis world thaI we celebrale our vidories wilh
legal symbols like Ihe Americans Wilh Disabililies Ad. We also
signify our slruggle by Ihose who've made il: Ihe role models.
BUI we should never 10lgellhal symbols and iale models ure
nol enough. Jusl as while America sees Michael Jordan as a
symbol of African-American success, Ihe able-bodied world
lalches on 10 success slorles among the disabled. There's no
need 10 endorse real change as long as we occasionally check in
10 see how Ihose crips are doing. And il a few of Ihem are
doing well, Ihey musl all be doing well. RighI?
Wrong.
In Ihe case 01 disabilily the difference belween the symbolic
, and fhe real Is vosl. While one disabled person's success may be
indicative of Ihe whole group's success, real success only comes
when anolher ramp is inslalled, when one mare person leams
how 10 sign, when a new service is provided. Then and only
Illen does our world-everyane's warlhpen wider.
I've traveled all over Ihe globe, 10 Ihe worsl places and lhe
best. My wheellhair and I have been hauled in and oul 01 a
Somali land-cruiser decked aul wilh mnchlne guns, an Iranian
hencaplerlhot needed 0 repair lob, and Ihrough assorted upris-
ings In Zaire, Alghanislan and Gaza. One thing I learned is Ihal
mosl of the resl ollhe Viorld lives in a place Ihal physically
doesn'l work, where Ihe people are lorced olmasl daily Ie
remake their communities 10 fillhelr bnslc needs. The survivors
nre the ones who lolerole, who can adapl.
So ills wilh the disabled communily. We ore survivors. If
sodely as a whole ignores and exdudes our experllse, they do
II, in the long run, allhelr awn peril.
America needs 10 IInolly slarl answering Ihe queslion II
hns been avoiding lor more Ihnn 200 years. Whal is a Iruly
Inclusive sodely? Forgellhe theory and Ihe Supreme Court and
Ihe legislalive process-Ihey deal only In abslrads. Renl indu-
sian Is nol measured in laws and lawsulls, bul ins lead by whal
Ihe cammunily builds logether In order 10 bring everyono
logether. Indusion is a subway everyone can use, a building
everyone can enter.
There Is no single definition of indus Ian, bul you'll know il
when you see il. -John Hetkenberry
The ou/hor is a correspondent for ABC News. His lorthcoming
book, Moving Violations: DIscovering America, Ihe Middle Easl
and the Virtues el Advanced Wheelchair Repair (HyperionJ, is
due out in the spring of 1995.
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An elderly man crossing a street ond a young woman making ties, which usually result from acci-
her way to doss in a bright-red wheelchair. What do these indi- dents, diseases or complications of
vlduals have in common? More than you might imagine. aging. "Disability knows no socioeco-
The growing needs of people with dlsabiUlies, combined with nomic boundaries," emphasizes Pat-
the conlerns of an aging sooely, raise lertain questions: How risha Wright, who led the fight for the
should government and pUbnl poncy view the needs of the older ADA as the Washington lobbyist for
disabled person? How should the interests of two important the Disability Rights Education and
lonstituendes-people who now have disabilities and older Defense Fund, a legal group that
people who may someday face disabiUlies-be addressed? His- started at Berkeley's Center for Inde.
tOrically, disparate policy approaches set down by government pendent Living. "You can become
agendes have unwillingly put these twa groups at separate disabled from your mother's poor I
ends of the legislative process. nutrition while she carried you or ~
The 1990 census revealed thot12 percent of the U.S. papu- from falling off your polo pony.",
Former Repre.
The age-disability connection :~::::':r': I
President's Com- 1
, mittee on Em- ~
lotioll'"'"l'oughly 31 million people-are 6S or older. Mare than ployment of People With DisabilitieE j
half have disabilities that limit their daily activities. Among Tony Coelho, who has epilepsy, alsc I
minority groups the number increases to more than 60 percent. attributes passage of the ADA to the l
These dry and impersonal statistics graphilally illustrate that "hidden annies" of people in posi. !
It is !n the Interest of older Individuals and organizations con- tions of power who claim personai ~
cerned with aging to be port of a broader disability agenda. experience with disability. I
The disability movement has taken great legal and sadal But it also took people bandin~
strides. Two sweeping examples are the Rehabilitation Ad of together in groups like ADAPT (ther '
1973, whilh maintains the independenle of physilally disabled the acronym for American Disablec
people, and the ADA, whilh prohibits discrimination agoinst dis- for Accessible Public Transit. now fOl
abled people. Conversely, the disability community has learned American Disabled for Attendan
much from the aging community. In fad, the Census Bureau's Programs Today). Its members took!
and ADA's very delinitian of dlsabiUty is broad enough to cover variety of direct actions, inc1udin!
not only the obvious issues of physical disability, but also other blocking inaccessible buses, to brin!
londitians sUlh as arthritis and Alzheimer's disease. attention to the need for wheelchai:
And that's just a beginning. The lUrrent Administration is lifts, now a requirement. "Black peo
fully lammilled to promoting a partnership between the aging pIe had to fight for the right to ride iI
and disability communities. President Clinton and Selretary [af the front of the bus," notes Marl
Health and Human Servlles] Donna Shalala are meeting their Johnson, an ADAPT leader. "WI
mutual Interests through eHorts that provide all individuals with fought for the right to get on,"
disabilities, regardless of age, a variety of home- and communi. The schools, as in other move
ty-based services. menlS, were another key battleground
We at the Administration on Aging are prepared to assist In 1975 parents of youngsters wit I
older people In maintaining their self.suHidency. To beller serve disabilities brought lawsuits to wi!
people with disabilities, we have formod partnerships with sUlh the first federal guarantee that thei
agendes as the Administration far Children and Families, the children would go to school. Beforl
Health Care Flnandng Administration, the SodalSelurlty Admin- then, a million children in this coun
istratian, and the Department of Edulatlon. try received no education-almoE
We realize that behind every statistic, whether It Indllates everyone a child with a disabilit~
age or disability, there 15 a person struggling to keep his/her Today there are approximately 5 mil
Independenle, remain an adlvo member of sodety, and fulfill lion special-education students.
his/her potential. -Fernando Tarres.GiI, M.S.W., Ph.D.
The author, Assistant Selretary far Aging In the Dopartment of
Health and Human Servlles, Is a person wllh a dlsabmty. He Is
on leave from the University of California at Los Angeles.
All for one . . .
In fighting for the ADA, people of a
disability types-physical, sensor
and mental-came together in
'-
34
MM November-Deeember 1994
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A lot of ground has
been lovered by the
disabillly movement,
a lat of rights won.
But there is stili
a long way to go
before people with
disabilities can
become full
parllcipants in
their communities.
mighty coalition to argue that they
have one thing in common: All face
discrimination and the low expecta-
tions of others. Sometimes prejudice
is crude, like that of the New Jersey
private-zoo owner who refused to
admit children with Down's syndrome
because, he claimed. they upset his
chimpanzees; or of the airline em-
ployee who placed a 66-year.old dou-
ble amputee on a baggage dolly rather
than help him into a wheelchair. '
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More often the bias is subtle, as in
the most serious problem-employ-
ment discrimination. According to a
1994 Louis Harris study commis-
sioned by The National Organization
on Disability, two.thirds of people
with disabilities ages 16 through 64
are unemployed. A full 79 percent of
them say they want to work, Arizona
State University health economics
professor William Johnson. Ph.D..
and East Carolina University assistant
professor of economics 'Marjorie
Baldwin, Ph.D., found that even when
people with disabilities do hold jobs.
they make less than other workers and
are less likely to be promoted.
It's discrimination like this that
makes it necessary to keep the move.
ment strong. Because. in the end,
gains made in the name of people
with disabilities benefit everyone,
Changes in social policy have been
similarly influential. Attendant-care
programs. for example have offered
new options for Slaying in one's own
home instead of going to a nursing
home. For such changes Ed Roberts.
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who now runs a disability think tank,
claims the disability rights movement
has made some of "the most profound
social changes ever seen."
Profound, yes. But what happens
when Congress grants a new minority
group rights and society has little
understanding of those rights, why
they were awarded, or even why they
are needed? As the newlv recognized
minority of people with disabilities
asserts those rights, there will be
many breakthroughs tor equality. But
there will also be clashes. misunder-
standings. even a backlash.
Because of their movement's sue- ,
cesses, people with disabilities are a
protected class in civil rights legisla-
tion, empowered by law as well as
united against discrimination. Their
mission now is to convince a nation
and the world that they and their fel-
lows want neither pity-ridden pater-
nalism nor overblown admiration.
What they do want is common reo
spect and the opportunity to build
bonds to their communities as fully I
accepted participants in dailv life, -3108
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Human Rights Week events
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Beginning Jan 16, the University community will commemorate
Martin Luther King Jr. with programs and activities during Human
Rights Week.
The general theme for the week Is doing service for others, keeping In
mind this quote from King:
"Everybody can be great. Because anybody can serve. You
don't have to have a college degree to serve. You don't have to
make your subject and verb agree to serve. You don't have 10
know about Plato and Aristotle to serve. You don't have to
know Einstein's theory of relativity to serve. You don't have to
know the second theory of thermodynamics In physics to
serve. You only need a heart full of grace. A soul generated by
love.'
TIle 27-year.old tradition begins with a community convocation on
Jan. 16 at7pm in the IMU Main Lounge. During the week, there Is an
art exhibit in the Iowa Advanced Technology'l..1boralories, noon-time
readings and performances, a workshop on "Creating a Community,"
and an open forum on diversity, which Isscheduled forThursday,lan.
19 at 4 p.m. In the IMU. On Thursday, Jan. 19 a17:30 p,m. .Morris
Dees will deliver a lecture titied, .A Passion for Justlce,"'n the IMU
Main Lounge. Dees Is a memberofthe Southern Poverty Law Center.
The Office of Campus Programs and Student Activities is coordinat.
ingthe activities for the 1995 Martin Luther King Human Rights Week
(Jan. 16-22) and urges the University community to plan activities
during the week. The above list of events tentative.
.
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Sunday, january 15
10:)0 am
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Old Brick Church (Climon fi Market Street)
SPONSORED BY: Luil<m Qlmpus Ministry In cooperation with HiII,1 Foundation, United
Methodist Campus Ministry and Uniled Qlmpus MlnlSlry
Sunday, january 15 . Monday 16
7:00 pm. 7:00 pm Martin Luther King, Jr. World Religion Day Interfaith Prayer Vigil(24hrl
Danforth Chapel
SPONSORED BY: 7lTtUniversily or lowallahai Allociarlon
Monday. january 16 . Friday 20
8:00 am . 5:00 pm Art Exhibit Iowa Advanced Terhnology lab
Monday. january 16
8:)0 am . 11:45 am
12:00 noon
7:00 pm
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8:00 pm . 9:)0 pm
Iowa City Community School Districts Multicultural/Nonsexist
Inservice
For specilic session information, call the lo\\'a City Cnmmunit\' School
District at )39.680n
SPONSORED BY, Iowa Clry Community S<:hool Distil"
'Continuing the Dream' :81 Eckstelll ~1,dIC,,1 R"earch lab
SPONSORED BY, Ilud,m Nallonal Medical AsSOC"iton
Community Convocation
Speaker: Professer Jay Holstein IMU Molin L""g
fReeepllon following at Iowa Advanced Technol"lY Laboralon,s)
Art Exhibit Reception Iowa Adl'allred T"""'O\I,< lab
Tuesday. january 17 . Friday 20
I~:OO noon Noon Time Readings and Performances
C\lnrcrenr~ Room, Iowa AdvJnn'd T('chn(thl~Y ~ilb
Tuesday. january 17
7:00 pm
'Creating a Community'
Workshop presenled by Emmanuel Enekwechi
Afro,AlII,ric"n Cuhral Center
SPONSORED BY, Unlversiry Counseling Service and Afro-Am,ncao Cultural C'nter
Wednesday january 18
12:00 noon A Performance of American Music of African Heritage,
featuring tenor Gylchris Spruave and the Willowwood School Childrens Choir
OldCapilol
SPONSORED BY: School of Music and Office of Allirmatlve Action
):)0 pm . 5:00 pm
6:00 pm
7:)0 pm
Thursday january '9
4:00 pm . 6:00 pm
7=)0 pm
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9:10 pnt . 11:)0 pm
'What Would Dr. King Have Thought About...?'
George Neumann, Professer of Economics and
Dwight Steward, Ph,D. Candidate, Department of Economics
CI:; PappaJohn Business Administralion Budding
SPONSORED BY: Department of Economics
'Martin Luther King, Jr.: His Name Rings On' a ForumfTribute
Ohio StaIC Room,lMU
SPONSORED BY: SI", Studelll Union
'ACM Presents the Many Facets of Martin Luther King, Jr.:
A Man of Faith, Peace, and Civil Rights'
Newm"n Catholic Slud.m C.mer
SPONSORED BY: As'oclallon of Campus Mlnlsten IACM)
Open Forum on Diversity Iowa Memorial Union
SPONSORED BY: Of lie, of Allirmallv, AClion, Univenity of Iowa Slralejlc Planning Com mill"
00 Dlv"'I~, and Opponunl~ .1 Iowa
Lecture: Morris Dees 'A Passion for Justice'
IMU Main loung'iRecepiton following)
SPONSORED BY: Thl Univenlty lecture Commlllef
Pat Williams Ensemble (Jazz Concert) IMU Wheelroom
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MINUTES
JCCOG MULTI-FAMILY DWELLING RECYCLING COMMITTEE
NOVEMBER 30, 1994
LOBBY CONFERENCE ROOM - IOWA CITY CIVIC CENTER
MEMBERS PRESENT:
Rich Russel-Coralville Building Inspection
Dennis Griffith-Hawkeye Waste systems
Jim Barker-Apartment Owners Association
Larry Svoboda-Campus View Apartments
Wes Fotsch-MOD-POD Inc.
Anna Buss-AB property Management
Jill Noble-Iowa-Illinois Manor
Nick Yutzy-N&N Sanitation
Dave Klockau-City Carton Co
Floyde Pelkey-Iowa City Sanitation
Brad Neumann-Johnson County Council of Governments
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The committee talked about recommendations submitted by the zoning
subcommittee. The subcommittee developed four options that they
felt would allow recycling in mUlti-family dwellings. These
options included 1) allowing more compact parking spaces to create
areas for recycled material collection; 2) allowing curb cuts in
parking areas situated next to alleys; 3) allow buildings to share
collection containers; and 4) allow mUlti-family buildings to
provide their residents with a curbside collection program similar
to single family collection. There was general consensus on all of
the options. The committee felt municipalities should design a
program for mUlti-family dwellings that do not exercise one of the
above options on their own. The committee was made aware 'that any
zoning changes would require approval of the planning and zoning
commission and city council for the municipality.
The committee then discussed a pilot collection program for the
spring of 1995. This pilot program will be recommended to Iowa
City and Coralville or any other community that would like to
participate. The pilot program would operate as follows:
-Concentrate on the collection of paper and paper products only.
This includes corrugated cardboard, chipboard (cereal boxes) I junk
mail, paper bags, paper cores, copy and fax paper, white paper,
newsprint and magazines. These items would be co-mingled and taken
to City Carton Co for separation. City Carton has agreed to accept
the material and separate the material for no fee.
-JCCOG will develop educational material to be used in the pilot
program.
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-pilot program locations will include large and small buildings,
condominiums, student and non-student dwellings, buildings willing
to share containers, and buildings interested in curbside
collection. JCCOG will contact committee members to line up sites.
-Once the locations have been determined, JCCOG will work with the
municipalities, the University of Iowa, and private haulers to line
up containers and hauling service.
-The pilot program will begin in February. Students will have
returned from Christmas break by this time. The pilot program will
run for at least 90 days.
It was the consensus of the committee that the pilot program should
emphasize the collection of paper only. This' will enable
collection of a single container of material. Multiple containers
will not work without additional and more drastic changes in zoning
codes and additional cost.s to t.he owners and residents. The
committee also reemphasized the need for stronger illegal dumping
penalties.
The next meeting will be in about two weeks. JCCOG will be
contacting members about setting up the pilot program and report
back to the committee at the next meeting.
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To: IOWA CITY CLERK
From: Jim Havercamp
12-14-94 8:22am p. 2 of 3
JClhn~C1n Count)'
_ \ IOWA ~
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
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December 15, 1994
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FORMAL MEETING
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Agenda
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1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: informal minutes of December 6th recessed to December 8th
and the formal minutes ofDecember 8th.
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4. Action re: payroll authorizations
5. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
c) Other
6. Business from the Assistant Zoning Administrator.
a) Second and final consideration of application Z9409 of Donald Lacina.
b) Final consideration of application Z9454 of Vincent Dalton.
c) Final consideration of application Z9455 of Prairie Investments Limited.
d) Final consideration of application Z9456 of Carl Riechers,
e) Final consideration of application Z9459 of Ronald, James and Roger
Stutsman. ,
~ Motion setting public hearing.
g) Other
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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: IO\f1 cm CLERK
From: Jim Havercamp
12-14-94 0:22am p. 3 'of 3
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Agenda 12-15-94
Page 2
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a) Report re: other items.
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b) Other
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a) Correspondence:
1. Letter from Iowa City Press-Citizen requesting "official newspaper"
designation.
Inquiries and reports from the public.
Reports and inquires from the members of the Board of Supervisors.
Report from the County Attorney.
Discussion re: office space.
Other
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10. Adjournment.
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To: IOWA CITY CLERK
From: Jim lIavercamp
12-19-94 0:47am p. 2 of 3
Johnson County
_ \ IOWA ~
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Balkcom
Charles D. DuffY
Patricia A. Meade
Don Sehr
December 20, 1994
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INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review of the informal minutes of December 13th recessed to December
15th and the formal minutes ofDecember 15th.
3. Business from the County Attorney.
a) ReporUdiscussion re: Juvenile Crime Prevention grant status and
appointment of policy board.
b) Executive Session re: Administrative Unit collective bargaining
strategylreporUdiscussion.
c) Other
4. Business from the County Engineer.
a) Discussion re: letting results of December 13th letting on Project SIP-
S-52(33)--5E-52.
b) Discussion re: agreement for STP funding for Project STP-S-52(33)--
5E-52 (Bridge on Blackhawk Avenue South of Oxford).
c) Discussion re: Bud Chase and Kathryn Chase regarding 340th Street.
d) Other
5. Business from the Assistant Zoning Administrator.
a) Discussion re: Zoning updates.
b) Other
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913 SOUTH DUI3UQUE ST, P,O,Il0X 1350 IOWA CITY, IOWA 52244.1350 TEL: (319) 356-6000 FAX: (319)356-6086
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To: IOWA CITV ClERI(
From: Jim Havercamp
.
12-19-94 8:47am p. 3 of 3
I
Agenda 12-20-94
Page 2
6. Business from the County Auditor.
a) Discussion re: cash flow analysis for October and November.
b) Other
7. Business from the Board of Supervisors.
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a) Reports
b) Other
8. Discussion from the public.
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9. Recess.
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City of Iowa City
MEMQRANDUM
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Date:
December 15, 1994
To:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
From:
Linda Newman Woito, City Attorney
Re:
Resignation of Assistant City Attorney
This is to inform you that Patricia Cone-Fisher has submitted her resignation to me, to be
effective January 6, 1995. I have regretfully accepted this resignation, and I am sure you will
join me in wishing Patricia well in her efforts to maintain her health.
Please stop down and convey your thanks to Patricia, in person - if at all possible.
appreciate your thoughtfulness, as does Pat herself.
cc: City Clerk
City Manager
Assistant City Manager
n\mcmos\rcslgntn,lnw
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City of Iowa City
MEMORANDUM
Date: December 15, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney
Re: Absence from Office
This is to let you know that I will be out of the office January 2-9, 1995. First Assistant City
Attorney Anne Burnside will be in charge in my absence.
cc: City Clerk
City Manager
Assistant City Manager
Department and Division Heads
n\mamos\absence.lnw
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MEMORANDUM
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Date: December 9, 1994
To: City Council Members I~V
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From: Susan Horowitz, Mayor (
Attached is a copy of the 71 st annual National League of Cities business meetin~in which
you will see new additions or corrections or deletions from existing policies. '\
Prior to attending this meeting, I had appropriate City staff members review the various
steering committees' proposed changes, additions or deletions. Generally, there were a few
items staff felt impacted Iowa City negatively or positively. But, armed with my review and
their comments, Naomi and I took part on voting on these issues at the annual meeting,
As you know, I am a member of the Energy, Environment and Natural Resources Policy
Committee and as such I had direct input into the recommendations that came to it from our
steering committee (that group does all the work, has all the fun and reports to the Policy
Committee, which then fine tunes their work, blesses it and sends it on the NLC Resolution
Committee, which gets all the proposals ready for the me~rship vote at the annual
meeting). I have given you this booklet and I would especiall~he Legislative Committee to
take note of the following pages which I think are of importance to Iowa City. I think you will
find items noted as well as the rest of the material interesting. If it stimulates you to more
inquiries, check with me because I have the existing policies of NLC and you would then be
able to see what all the rest of the policies are that we support.
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I am doing this not only to report on what happened at NLC, but I think our citizens have
asked us loud and clear to become more visible and more political and to take up lobbying
efforts on their behalf. I feel that NLC is a good vehicle to do this with, as is the Iowa League
of Municipalities and, perhaps, by reading this material, you can be better prepared if someone
says why don't you talk about this or take this to our congressional delegation - we already
are. Call me for further information.
Please Note:
Page 4 - Policy Amendment G
Page 6 - Policy Amendment I
Page 8 - 2.01 Environmental Quality Goals, new Sections 5 and 6
Page 9 - 2.05 Water Quality and Supply, new Section 3, Drinking Water State Revolving
Loan Fund
Page 10 - Subsection 4, Protection, etc.
Pages 13 & 14 - Section 3.02, Economic Development, Subsection A
Pages 19 & 20 - Subsection C.
Pages 24 & 25 - Section 3.03, Housing and Neighborhood Conservation, Subsection C,
Special Housing Needs
Pages 37 & 38 - re:' Telecommunications
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City of Iowa City
MEMORANDUM
Dab: NovembM23, 1994
To:
Susan Horowitz, Mayor
David Schoon, Economic Development coordinatorJ)~
From:
Re: NLC's Report to the Commission and Economic Development Policy Committee
As you requested, I have reviewed the proposed changes to the NLC's Report to the
Commission and Economic Development Policy Committee. My comments refer to only the
first half of the document, as it is that portion' that pertains to economic development.
Marianne Milkman will be providing you comments on the remainder of the document.
In reviewing the proposed changes to this NLC document, I do not see any changes that
would negatively affect Iowa City. In the area of economic development the proposed
changes focus onthe information superhighway, empowerment zones/enterprise communities,
waste diversion, and economic conversion.
Information SuperhiQhwav - The proposal includes language to ensure that the
information superhighway is affordable and universally accessible.
Empowerment Zones/Enterorise Communities - This section appears to be more a
statement of what the programs are versus a change in policy.
Waste Diversion -Includes general statements on encouraging economic development
through waste diversion (Le. - recycling, composting and source reduction). The
statements seem to be more applicable to larger urban areas.
Economic Conversion Calls for the federal government to assist those communities
affected by military base closings. I see no direct benefit of this policy to Iowa City.
On a broader prospective I see a positive indirect benefit to Iowa City - the reduction
of national resources being used for military activities; these resources can then be
used for other uses. On a narrow self-interest perspective, I can see potential negative
indirect effects - such as greater competition for those non-military related businesses
as military related businesses move into the non-military market place. (Two years ago,
NCS lost a contract with the federal government to a business moving from the
military sector of the economy to the non-military sector of the economy.l However,
I believe the indirect economic benefits will outweigh the indirect economic losses in
the long run.
If you have any questions regarding my comments, please call me at 356-5236.
Ip3-2
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All resolutions passed, with #2 having some language changed as I have marked and #11 with
a major on-the.floor battle.
Attached is a copy of David Schoon's memo to me, FYI, about Community and Economic
Development Policy Committee.
cc: Steve Atkins
Linda Woito
Marian Karr
Attachment
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NATIONAL LEAGUE OF CITIES
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71sT ANNuAL NLC BUSINESS MEETING
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December 4, 1994
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ANNuAL BUSINESS MEETING
of the
National League of Cities
71st Annual Congress of Cities
December 4, 1994
AGENDA
Presiding: The Honorable Sharpe James
President, National League of Cities
Mayor, Newark, New Jersey
1.
Welcome and Call to Order
2.
Report of the Credentials Committee
Gene Feldman Chair I ....b6 c"'l_..~v.1i~C.'V'1b o.
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Alderman, Evanston, Illinois
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3.
Report of the Nominating Committee
Glenda E. Hood, Chair
NLC Immediate Past President
Mayor, Orlando, Florida
4.
Election of NLC Officers and Board Members
5.
Report of the Resolutions Committee
Carolyn Long Banks, Chair
NLC First Vice President
Councilwoman-at-Large, Atlanta, Georgia
6.
Amendment of the National Municipal Policy and Adoption of Resolutions
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7.
Other Business
8.
Adjournment
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3.10 Seraeant-at-Arms - The President shall appoint a Sergeant-at-Arms who will
be responsible for enforcing these official Rules and Procedures and
tallying all votes (other than voice votes) taken on the floor. Such
additional persons as are necessary to assist the Sergeant-at-Arms in
monitoring orderly procedures and efficient vote counting may be appointed
by the President.
4. votina
4.1 credentials Committee - Prior to the annual business meeting, the President
shall appoint a credentials committee of three, at least one of whom shall
be a representative of a member city. It shall be the duty of the
credentials committee to settle any dispute concerning the voting rights of
members and their voting delegates and to certify to the President prior to
each annual meeting a voting roll of qualified voting delegates and
alternate voting delegates, the number of votes which may be cast by each
member of the National League, the total number of such votes, the number
of votes required to constitute a quorum, and the number of votes required
to trigger a weighted vote.
4.2 Desianation and certification of Votina Deleaates and Alternates - Prior to
the annual business meeting, each member city shall designate one voting
delegate and may designate one first alternate and one second alternate to
cast the city's vote or votes at the annual business meeting. The persons
so designated by each member city must be officials or employees of the
city, with one exception. A newly elected city official who at the time of
the meeting has not, yet taken office may be designated to cast the city's
vote if appointed for that purpose by the outgoing Mayor. No person may
serve as a voting delegate or alternate for more than one city.
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Each state league shall designate up to twenty (20) voting delegates and
twenty alternates, which may include the state league director, of which
one (1) shall be designated head of the delegation. On a weighted vote,
the head of each state league delegation may tally and report the vote of
the delegation. A city official serving as the voting delegate or
alternate for a city may also serve as a voting delegate or alternate for
the state league.
All voting delegates must be registered with and certified by the
Credentials Committee by 5:00 p.m. the day before the annual business
meeting. To cast a vote at the annual business meeting, all voting or
alternate delegates must be registered with the Credential Committee, must
be wearing a badge bearing a "delegate" or "alternate" sticker, and must
present an official voting card issued by the Credentials Committee.
Vote Entitlement - Each state'municipal league shall be entitled to twenty
(20) votes. The number of votes to which a member city is entitled shall
be based upon the U.S. Census population on which dues were calculated for
the current year according to the following table:
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a. Under 50,000 1 vote
b. 50,000 to 99,999 2 votes
c. 100,000 to 199,999 4 votes
d. 200,000 to 299,999 6 votes
e. 300,000 to 399,999 8 votes
f. 400,000 to 499,999 10 votes
g. 500,000 to 599,999 12 votes
h. 600,000 to 699,999 14 votes
i. 700,000 to 799,999 16 votes
j. 800,000 to 899,999 18 votes
k. 900,000 and above 20 votes
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Member cities, but not member leagues, must cast unanimous votes.
4.4 Votina Method - Except as specified in section 6.2 of these rules, all
voting shall be by voice vote unless a weighted vote is demanded by 10
percent or more of the certified votes present at the annual business
meeting. Voting shall be limited to duly certified voting delegates or
their alternates. In weighted voting, each certified voting delegate, who
votes, shall cast the total number of votes to which he or she is entitled.
4.5 Pro xv votina - proxy voting is expressly prohibited. (Article IV, section
2, Bylaws of the National League of Cites (Amended as of June 12, 1994)
4.6 Vote Reauired for official Actions - A majority of certified votes present
and voting shall be required for election of any officer or board member or
for passage of any matter of business voted upon at the annual business
meeting, except as follows. A two-thirds vote of certified votes present
and voting shall be required to adopt, repeal or amend National Municipal
Policy statements and to adopt separate policy resolutions. A two-thirds
majority of certified votes cast is required to amend or repeal any section
of the Bylaws. (Note: Notice of any proposed Bylaws amendments to be
voted on at the annual business meeting must be mailed to all members not
less than 15 days prior to the annual meeting.)
5. National policv Statement
5.1 submission of Amendments to National Municipal Policv and Separate
Resolutions - Amendments to National Municipal Policy and separate policy
resolutions may be submitted to the voting delegates by the Board of
Directors, by a Resolutions Committee appointed by the Board for that
purpose, or by petition of ten (10) certified voting delegates provided
that such petition receives a majority vote of the delegates present and
voting on a motion to consider the petition. Petitions must carry the
printed name, title, city and state, and the signature of sponsoring
delegates.
The petition process is not required in cases where the motion is to amend
the National Municipal Policy language or separate resolution submitted to
voting delegates by NLC's Board of Directors or Resolutions committee, and
where the proposed amendment is germane to the language submitted by the
Board or Resolutions Committee. However, a motion to adopt, repeal or
amend National Municipal Policy must be accompanied by a petition if it
will amend any paragraph of National Municipal policy other than those
proposed for change by the Board of Directors or Resolutions COIMlittee or
if it is not germane to such proposed changes. Separate policy resolutions
other than those submitted by the Board of Directors or Resolutions
committee will require a petition.
5.2 Deadline for Submission of National policv Statements & Resolutions - To be
considered by delegates at the Annual Business Meeting, all proposed
National Municipal Policy statements or separate policy resolutions must be
presented in writing to the NLC policy Office at the site of the congress
of Cities by 10 a.m. on the day of the Annual Business Meeting.
6. Elections
6.1 Nominations - A nominating committee of not less than six nor more than
fourteen officers of members leagues, state league cities, and member
cities and the most immediate past president as chair shall be appointed by
the President to present to the annual meeting a slate of qualified
candidates for officer positions and seats on the Board of Directors. Such
report by the nominating committee must be made in writing and posted at
the NLC Headquarters Office at the site of the congress of Cities ac least
3113
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six hours in advance of the scheduled call to order of the Annual Business
Meeting.
In addition, nominations may be made by petition, provided that such
petition is presented to the annual convention by ten (10) voting
delegates. All such nominating petitions must be presented to the NLC
Policy Office at the site of the Congress of cities by 10 a.m. on the day
of the Annual Business Meeting. ,Such petition will carry the name of the
individual proposed for nomination, the position nominated for, as well as
the printed name, title, city and state, and the signature of sponsoring
delegates. '
/'
Nominating and seconding speeches for each nominee for President, First
Vice President, and Second Vice President shall be limited to a total of
five (5) minutes.
-'-'
Nominating and seconding speeches for nominees to the Board of Directors
are not permitted during the business meeting.
6.2 Votino and Elections Procedures - When there are nominations made by
petition, a written ballot shall be used. Such a written ballot shall
separate those names presented by the nominating committee from those
nominated from the floor. A ballot for Board of Director positions shall
also distinguish those positions held customarily by State League
Directors. Nominees by petition shall run against the entire slate for the
category in which they are nominated (i,e. officer positions, one-year or
two-year seats on ~he Board of Directors).
A majority vote of the certified votes present at the Annual Business
Meeting shall be required for election of any officer or member of the
Board of Directors. When more than two persons are nominated for an NLC
officer position and no candidate receives a majority of the votes cast,
the candidate receiving the lowest vote will be eliminated from the ballot
and a new vote taken. To facilitate the elections process, the names of
any candidates receiving less than ten (10) percent of the votes cast on
any ballot may be eliminated from subsequent ballots.
When more persons are nominated for election to the Board of Directors than
vacancies exist, those persons receiving a majority vote on the first
ballot will be declared elected. The name receiving the least number of
votes, and any names receiving less than ten (10) percent of the votes cast
on the previous ballot, shall then be eliminated and a new vote taken.
This process will be repeated until all vacant positions are filled.
7. Aoenda for the Annual Business Meetinq - The NLC staff shall annually prepare an
agenda for the Annual Business Meeting to be reviewed and approved by the Board
of Directors at the last meeting of the Board before the Annual Business Meeting.
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*Adopted August 3, 1979, by the Board of Directors of the National.League of Cities,
as permanent rules of the Ann~al Business Meeting. Amended by the Board of
Directors November 27, 1982, December 12, 1991, July 11, 1992, and December 1, 1994.
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New Preamble to the National Municioal Policy
The National Leaaue of Cities endorses Executive Order 12866. "Reaulatory
Planning and Review." The terms and conditions of this executive order should be
enacted by Conoress to orovide a legislated framework to ensure this executive order
is carried out effectivelY. Such legislation should authorize iudicial review of the
reaulatory orocess to ensure comoliance with the terms and intent of both the
reaulatory reformleoislation and the executive order.
To 'imorove reoulatorv content and the ability of local oovernments to
implement rules and reaulations. federal aoencies shall, in comoliance with Executive
Order 12866. involve local governments in the orocess of develooino oolicy, rules and
reoulations. Local government input shall be souaht to assure that flexibilitv and local
priorities are Dart of the resulting rules and reaulations.
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New Preamble to the National Municipal Policy
The following language is proposed to be placed as a preamble at the beginning of
National Municioal Policv.
The sealal issues confronting America today are complicated and interrelated. This is
especially true in urban areas, where these problems are particularly concentrated. The
solutions to our nation's social problems -- of education, poverty, crime, welfare,
discrimination, substance abuse, housing and employment -- also are inextricably
linked together. The very nature of these problems both suggests and requires that
the public policies designed to deal with these issues take balanced and holistic
approaches. By recognizing and utilizing chains of reinforcement and interrelatedness,
public policies will be more capable of solving these problems that are critical to the
future of America's cities and towns and the people who live in them. NLC strongly
supports this holistic approach and supports efforts that take this approach in the
development of policies to address these problems.
2
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FINANCE, ADMINISTRA liON, AND
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POLICY AMENDMENT "A"
1 .04 Municipal Financing Issues
A. Taxation Immunity
NLC ooooses any limitations on exemotions from federal income tax of the interest
on municipal bonds and the imoosition of the alternative minimum tax on some
classes of municioal bonds.
POLICY AMENDMENT "B"
1.04 Municipal Financing Issues
D. Use of Municipal Bonds
5. Bonds for Local Economic Stimulation
NLC suooorts the conceot of the exoansion of cities' abilitv to enoage in local
economic stimulation bv the issuance of municipal bonds to helD fund oublic-orivate
oartnerships or other aoorooriate ventures in those areas needinq economic stimulus
or develooment.
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POLICY AMENDMENT "e"
1.04 Municipal Financing Issues
G. Financial Disclesurc Reoortino
(change in section title to reflect broader issues of municipal financial reporting)
POLICY AMENDMENT "0"
1.04 Municipal Financing Issues
I. Financial and Community Emergencies (add the following after existing language)
NLC suooorts chanoes to federal bankruotcv law to protect to the maximum extent
the tax claims of municipalities against orivate entities that file for federal bankruotcv
orotection. NLC suooorts chanoes to federal law and oractice that would provide:
that the automatic stay orovision of the federal code (section 362) does not aoolv to
municipal tax liens: that oavment of tax liens in full should be olaced before junior
lienholders: and other necessary chanoes to protect city revenues durinG orivate
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POLICY AMENDMENT "E"
1.05 Municipal Administration
A. Employee Relations and Benefits
3. Employee-Employer Relations
(add following language at end of existing sectionl
In view of the labor orotections orovided bv state laws. labor aoreements, local
aovernment civil service systems and municioal oersonnel orocedures. NLC ooooses
federai leoislation which sinoles out a class of municioal emoloyees to be orovided
soecial investigative and disciolinary orocedures.
POLICY AMENDMENT "F"
1.05 Municipal Administration
A. Employee Relations and Benefits
8. OSHA
In view of the safety and risk manaoement oroorams beino carried out by municioal
oovernments. NLC ooooses the extension of federal Occuoational Safety and Health
standards to municioal emoloyees. NLC ooooses any imoairment of the ability of state
and local oovernments to indemnify their aoents, officers and emoloyees aoainst
financial loss arisino from the ooeration of such statutes.
POLICY AMENDMENT "G"
1.05 Municipal Administration
B. Municipal Decision Making
4. Regional Planning and Coooeration
(add following existing text)
While federal oolicies should encourage reoionalism. all federally funded oroorams
should be considered and administered eoually. whether local or reoional, on the basis
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of effectiveness and efficiencv.
Regionalism must:
a. result in cost effective deliverv of service:
b. include control bv local participants: and
c. allow for flexibility in interoretation of federal guidelines as a result of local political.
economic and social conditions.
POLICY AMENDMENT "H"
1 ,05 Municipal Administration
B. Municipal Decision Making
5. Municipal Liability
(add following text after existing language)
Some specific methods for reducino municipal liability that should be implemented are:
a. providing in federal law that in those states where municipal liability caps
exist that such caps should also be applicable to Iiabilitv arisino from federal
statutes:
b. providino in federal laws that expose municipalities to liabilitv that attorney
fee awards should 00 to the prevailino party:
c. Drovidino for a six month notice of claim reouirement when a municipality is
the potential defendant: and
d. providino by federal law that the statute of limitations period should be the
limitations Deriod for personal iniury actions in the state of occurrence.
The federal oovernment should consider creatino alternative dispute resolution
procedures which must be exhausted before recourse to the courts is allowed for
claims aoainst municipal governments.
The federal government should implement' "settlement before trial ouidelines" that
would allow municipalities to avoid the pavment of a plaintiff's attorney fees. if an
offer of settlement by the municipality made a specified period of time in advance of
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trial is greater than relief finallv granted bv the court.
In the draftina or revision of federal statutes that exoose municioalities or their
officials to liabilitv, the following aeneral princioles should be resoected.
a. If monetary fines are imoosed bv the court on a municioal aovernment there
should be oravisions allowing the municioalitv to aoolv these fine amounts to
cure conditions qivina rise to the ir'noosition of the fine.
b. Limitations should be olaced on the extent to which a city or its municioal
officials may be held vicariously liable for the acts of their emolovees.
c. Federal law should not limit the ability of a municioalitv to insure or
Qtherwise oratect city officials and emolovees from oersonal financial loss
connected to claims arisina from their municioal aovernment affiliation.
d. That to be eligible for the awardina of attorney fees the olaintiff must
substantiallv obtain the relief souaht and any such attornev fees should be
reasonable in relation to the iudaement.
State and local aovernment workers, includina workers that oerform a share of their
duties on vessels ooeratinq in navigable waters. are orotected bv workers
comoensation laws. without reaard to fault. The federaraovernment should. therefore.
amend federal law. the Jones Act, to exemot state and local aovernment emolovees
from the orovisions of federal law aovernina "Recoveries for Injuries to or Death of a
Seaman. "
POLICY AMENDMENT "("
1.06 Intergovernmental Relations
B. Council of Local Economic Advisors Counoil of UrBan Advisors
A Council of Local Economic Advisors should be established bv the President to
exolore issues related to reaional economies. test new ideas and ensure a continuina
dialoaue between local and national leaders.
This council could assist in undertakina a federal initiative to--D.J review the level of
income disoarities within metrooolitan areas and sugaest oroarams to alleviate such
disoarities and (lJ review all federal oraarams for their imoact on economic and racial
seareaation.
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tRo Execl:Jtive Offiee of tRe President. Such a Co un oil 'Neuls Be resl30Rsiele for
8ssl:Jring tRat tlie l:JrBan ilTll3aets of all fedoral actions are ceAsidefcd surin9 pre~fam
aReI ~oli()y developmeAt aRd ifRl3/cFRentatien. The Council would also see that cities,
and particularly small cities, are consulted during the formulation stage on all new
federal initiatives that would affect urban affairs.
POLICY AMENDMENT "J"
1,06 Intergovernmental Relations
K. Municipal Annexation
2. Rural Electric Cooperatives
Any financing offered to any Rural Electric Cooperatives by a federal agency shall be
offered to cities and towns on the same basis and at the same interest rates offered
to the Rural Electric Cooperatives. That action should also contain a declaration that
such financing is not intended to provide rural electric cooperatives with compensable
waterL aM sewerL or electric service territory rights in any state court or state agency
proceedings.
If any rural electric cooperative is eligible to borrow funds for the establishment of
waterL aM wastewater, and electric systems, such proposals shall meet the following
criteria:
a. demonstration that the proposal to serve the rural area with waterL aM
sewer and electrical services will not encourage or result in the loss of valuable
wetlands, agricultural land or resources;
b. completion of an environmental impact statement or other evaluation of the
effects of such facilities on water resources, population settlement patterns,
adopted local government land use development plans, and availability of
alternative financing, such as EPA or state-administered loans and grants;
c. demonstration that the extension of such rural utility systems will not create
obstacles to annexation and orderly growth of cities and towns. NLC ODDoses
any and all efforts that would arant exclusive and oeroetual federal franchises
or territory rights to Rural Electric CooDeratives in areas within in co roo rated
municiDal boundaries.
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ENERGY, ENVIRONMENT, AND NA rURAL
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2.01 Environmental Quality Goals
[Ao-j Federal Policy Approach
(This is an editorial change; there is no "8")
5. Environmental Justice
Recent studies have suqqested that the imoacts of oollution fall
disorooortionatelv on ooor and minority communities. an issue of soecial concern to
the nation's cities and towns. To mitigate these unacceotable imoacts. NLC suooorts
federal legislation which would require the Environmental Protection Agencv to:
g.. identify those areas with the larqest releases of toxic chemicals in air.
land. water and the workolace:
b. assess the health effects caused bv emissions in the areas of hiqhest
imoact;
Q" orovide qrouos of individuals in high imoact areas with oooortunitv and
resources that will allow them to oarticioate in determininq adverse
health effects:
Q. identify activities in hiqh imoact areas that have siqnificant effects on
human health and develoo olans that will result in net reductions in
oollution: and ,
e. include environmental iustice as an inteoral comoonent of all federal
olanninq. oroqrams and statutes.
6. Risk Assessment
Conqress and the Administration should authorize and fund siqnificant efforts
to assess real and scientificallv verifiable risk orior to reouiring any action.
Conqress and the Administration should develoo guidelines based on the results
of scientificallv verifiable risk assessment which would authorize reqional authorities.
states and local oovernments to orioritize the imolementation of national
environmental mandates based on actual reqional. state and/or local environmental
oroblems.
[&;oj 7. Research
The federal government must support...
2.04 Solid and Hazardous Waste
F. Superfund Policies
4. [Munieipol] Liability
Municipal liability for cleanup costs under the fed~ral Superfund statute must
be clarified...
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reauthorize Superfund at an adequate funding level so that cleanup of
existing hazardous waste sites can continue.
[Ho'l':cver,] While NLC [recognizes] oolicv reflects the need to expedite the
cleanup process, reduce transaction costs, and increase funds for cleanup while
maintaining a level of fairness[,], any effort to limit the retroactivity of those standards
and to relieve responsible parties from liability for past activities would be closely
examined by NLC. Such a change in liability could leave the cleanup of older
hazardous waste sites funded at state and municipal expenses, funded through
substantially increased Superfund taxes, or unfunded (and therefore not cleaned upl
entirely.
9. Environmental Impairment Liability Insurance
Congress should continue to examine the nature, scope and causes of the
problem of scarce environmental impairment liability insurance and should take action
to improve the availability of that insurance. As a first step, Congress should amend
the Product Liability Risk Retention Act to facilitate the creation of interstate risk
sharing pools. Congress should change the liability standards of CERCLA only with
great caution. Ho','vevcr, NLC recognizes the nced te Clq:JCdite the elcof1up precess,
rcdl:lce transaction Bests, and increasc funds for elcanup 'NAile maintaining a Icvel of
fairAcss. ARY effort to limit tAc retreaetivity of those standares and to relieve
responsible parties freffi Iiaeility fer ~aGt aetivities wel:lld ee closely e)(amiAed by NLC,
Sueh a ehangc in liability could leave tAc cleanup of older hazareous waste sites
funded at state ane municipal 6l(l3enses; fl:lnded tl1reugl1 substantially increased
Sl:lpcrfuns taxes, or I:lAfuAsed laAd tl~ereforc Rot cleaRed up) entirely..
2.05 WATER QUALITY AND SUPPLY
D. Drinking Water Policies
3. Drinking Water State Revolvina Loan Fund
The creation of new loan oroarams to assist municioalities in meetina federal
reauirements are only a marqinallv acceotable method of financial helD for municioal
comoliance with these mandates. NLC believes these funds could be more effectivelv
used to benefit municioal water suooliers and local rate oavers if they were re-taraeted
to such ourooses as:
2.:. ,state drinking water oroqram administration:
Q... research on contaminant health effects and risk reduction benefits:
Q,. the develooment of new and more cost.effective water ourification
technologies:
Q., oroarams to train and certify ooerators of oublic water suoolv svstems;
!1. orograms to assist small communities with mandated monitorina and
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comoliance reauirements: and
1. direct construction arants to small cities for drinkina water filtration and
purification plants where deemed necessarv to meet federal drinkino
water standards.
4. {3. Source Centrols] Protection of Drinkino Water Resources .
[FeEferal ageFwics should take strOI'J9 FAeasurcs to limit and centrol diG6Aorges
ef-harffiful chemicals at the source.] As costs for removal of contaminants in the
nation's drinkino water supplies continue to increase dramatically. it becomes ever
more critical to expand and enhance the nation's efforts to protect our drinkino water
supplies. Greater emphasis must be placed on preventing contamination of our
drinkino water resources from both point and non-point. and anthropooenic and non-
anthropooenic sources of pollution.
Initiatives in the Safe Drinkino Water Act like those which protect underoround
sources of drinkino water (the wellhead protection prooram) and sole source aouifers.
should be adopted to ensure protection of surface drinking water supplies. Such
efforts should complement and enhance non-point pollution control and watershed
manaoement provisions in other federal statutes such as the Clean Water Act and the
Coastal Zone Manaoement Act. In addition. municipal water supply svstems should
be authorized to develop and implement approved source water protection oroorams
upstream of the drinkino water source as an alternative to contaminant removal
initiatives where appropriate.
[4,] Q.., Implementation
Congress should require the establishment..,
2.07 Endangered Species
2.07 Endanaered Soecies
The National Leaoue of Cities supoorts the orotection of endanoered soecies. '
As federal aoencies develop olans to address endanoered species, local oovernments
should be more involved. Especially in the early rule-makino processes, federal
"agencies should ensure that local oovernments' concerns and input are included.
Partnerships are essential when workino to protect endanoered species. These
partnerships include not onl~ federal aoencies workino with local oovernments. but
also aareements amono the various federal aoencies involved in the process.
Endanoered species legislation must balance several approaches. Sino Ie species
mforts must be balanced by multi-species, habitat-focused approaches and ecosystem
approaches. incorPoratino human and economic conseauences.
The approaches developed for ecosystems should be flexible enouah to
recoqnize that these systems are dynamic.
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[~] 2.09 Noise Control
C. Policies
2. Airport Noise Policies
Airoort noise has become an increasinglY divisive issue across the country.
Moreover. it has shown the Dotential for neoatively affectino the airoort develooment
necessary to accommodate Dresent and future caoacity needs and to SUODort our
comoetitive Dosture in the world economy.
EPA and FAA should require state-of-the-art noise emission controls on all aircraft
serving the United States whether foreign or domestic...
The FAAshould study the economic feasibility of a timetable for phasing out ever thc
Aext aesaee by the year 2000 all commercial aircraft over 75,000 pounds which do
not meet the noise emission standards of FAR Part 36, Stage 3. When determining
airoort noise imoacts on municipalities. the FAA should not rely solely on the Ldn
cumulative averaoe measure of noise exoosure over time.
Local governments and airport operators must have authority to impose more
stringent or additional requirements on aircraft operation to achieve immediate relief
from unacceptable environm'ental noise levels...
5. Planning for Noise Abatement
... The federal government should develop and disseminate noise standards and
criteria which could be used by cities in noise planning and abatement efforts.
Local oovernments should be eligible to receive federal Airoort Imorovement
Prooram grants for noise compatibility plannino and for the imolementation of
approved plans. Local governments should be encouraoed to accept the invitation
contained in FAR Part 150 that they "take resoonsibility for determinino the
acceptable and permissible land uses and the relationshio between soecific prooerties
andsoecific noise contours." and thev should develop their own standards for
determining noise compatible land uses.
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REPORT OF THE RESOLUTIONS COMMITTEE ON
COMMUNITY AND ECONOMIC DEVELOPMENT
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3.01 NATIONAL URBAN POLICY
B. Federal Impact on Cities
There is a critical need to shape the multitude of federal policies impacting on cities
into a comprehensfve, integrated whole. The need is not to eliminate federal roles,
but to focus them in such a way as to improve urban conditions. A series of
individual federal policies and programs, by their unintended or second-order
consequences, have combined in the past decades to produce undesirable patterns
of urban development.
They include:
1. federal housing policies, particularly FHA's and other federal financial and
regulatory agencies' roles in determining the nature and location of our housing
industry's investment in residential construction;
2. federally subsidized and state implemented highway programs which have
disrupted urban communities, supported the movement of the middle-class to
the urban fringes~ and facilitated the over-building of suburban commercial
centers;
3. federal tax policies, such as real estate tax shelters, which discourage the
maintenance of inner city residential property, promote land speculation leading
to excessive suburban development, and produce tax biases against renters;
4. federal procurement and facility location policies which promote the
development of certain regions of the nation and hamper development of other
regions;
5. the lack of a national income maintenance policy which leads to a welfare
system that permits one-third of the nation's people to live without adequate
income to sustain a decent standard of living, and who increasingly require
more social services and economic opportunities than central cities can provide;
6. social welfare policy which permits gross differences in social services within
metropolitan areas, between states and regions, and between more and less
densely populated areas; atW
7, federal regulatory policies, particularly EPA policies, which may directly conflict
with efforts by the cities in redevelopment of core areas and downtown; and.
8, federal communications oolicies. which do not adeouately orotect and ensure
affordable, meaninoful access to the information suoerhiohwav for cities, and
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which do not arant and/or continue franchisina and other authority to cities
over those who use Dublic rights-of-wavs for telecommunications Durooses.
3,01 NATIONAL URBAN POLICY
F. Community Development and Energy Conservation
The shape and form of an urban area is closely related to the energy use and
opportunities for energy conservation. There is a great potential to limit increases in
energy consumption by properly directing new urban development. In particular,
studies have shown that energy consumed in transportation varies almost directly
with the population density of an area. Further, we know that attached houses and
apartments use less energy for heating and cooling than do dispersed single family
houses. It turns out that urban conservation and energy conservation are parallel and
complementary concepts.
Not only for the sake of the economic, social, and physical vitality of cities, but also
for the sake of meeting national energy goals, the federal government, in cooperation
with state and local governments should -- in existing and new programs --work to
promote the following kinds of objectives:
1.
development which permits appropriate integration of living, working,
shopping, transportation, communications and recreational activities;
2.
integration of Federal fundina streams to Dromote focused efforts to counter
concentration of urban/suburban decay:
~ 3. in-filling of areas previously passed over in development; and
~4.
injecting a strong energy conservation consciousness, and appropriate
implementation, into community and economic development and housing
policies and programs.
3.02 ECONOMIC DEVELOPMENT
A.
Economic Development Goals and Strategies
...
The National League of Cities believes that comprehensive, national economic
development policy is the most effective way to help cities meet their economic
development needs. This new policy should include increased federal funding for the
Community Development Block Grant program, technical assistance grants, tax
changes for businesses and Economic Development . Administration funds and
minority/small business investment programs. This policy must also recognize that
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any future economic development efforts must include an investment in people.
Measures such as using welfare reform with economic development, creating child
care subsidies, improving schools, connectina communities and imolementinq the
."information suoerhighway" to enrich cities throuoh communications technolooies,
etc., are all essential to an effective economic development policy. A national policy
must include a diagnosis of opportunities and risks involved in this effort, a vision for
the future and actions that are consistent with this vision. This should be developed
with the goal of overcoming the lack of financing, resources and federal support for
local economic development efforts.
Appropriate strategies are necessary in order to meet the needs of local government.
The strategy must be targeted to support city initiatives in the areas of downtown
development, neighborhood revitalization, industrial/manufacturing zones and
waterfront development and retention. The best starting place for solutions is to
make the best use of existing urban economic resources and to channel growth and
investment so that they supplement and support existing resources that are or can be
made viable rather than undercutting or competing with them. The primary focus of
this economic development effort should be one that views the city as an integrated
unit and that focuses on quality of life, jobs, cultural diversity, entrepreneurship,
information infrastructure. and productive economic activity rather than just buildings.
Stable and enduring achievement of our goals also requires that a significant portion
of jobs created by economic development efforts should go to city residents who are
unemployed, underemployed, or poor.
1. Local Roles
...
The NLC further SUDoorts federal efforts to insure that local oovernments use the
information suoerhighway for oolicy develooment. decision making and planning
efforts, and oolicy coordination. With a auicker exchange of information. information
can be oassed on to the community faster. Local aovernments can use the
information suoerhighway to better inform all sectors of their community. This would
allow for a community with a common source of knowledoe from which to draw and
orovlde a common nucleus from which to act.
2. State Role
...
States should assist cities to obtain federal government funding to improve the quality
of and funding for education within the state. This wo~ld include: state university
facilities; improved job training programs; the development of low-interest loan
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programs for business development; an increase in funding for community and
economic development programs; where appropriate, creating enterprise zones;
provide small business technical assistance including minority and woman-owned
business. Export promotion, venture capital programs, small business incubators, and
tax base sharing should also be supported. Affordable and universal access to the
information suoerhighway should be suooorted as a olatform uoon which to launch
educational. economic develooment and community revitalization oroarams.
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We recoanize the develooment of the information suoerhiahway will qreatlY enhance
economic oooortunitv in the orivate sector. We also recoanize the develooment of the
information suoerhighwav as a way to brina economic oooortunitv. information and
resources to communities previously nealected or underserved. We urge suooort for
communications oolides which will eliminate "communications have-nots" and the
information-poor and which will create new oooortunities throuah universal access to
the information suoerhighway.
3.02 ECONOMIC DEVELOPMENT
B. Community Investment and Financing Federal Programs & Policies
2. Policies With Direct Impacts
c.; Communitv Investment Enterprise Zerles
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Enterorise Zones:
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An "enterprise zone" program can be a useful addition to existing community and
economic develoomentprograms, but it must Rot be a sUBstitutc for tl:1am. Moreover,
without adequately funded EDA, JPTA, UDAG, CDBG, and related programs, an
enterprise zone program is likely not to be successful.
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The goal of an enterprise zone program is job creation, with an emphasis on jobs for
structurally unemployed persons, and encouragement, where feasible, of local ethnic
minority ownership and participation in new businesses and joint ventures.
NLC urges Congress to suooort aOOj3t legislation directing HUD to produce a
comprehensive strategic plan for cstaBlishmcRt of a federal entcr~risc z'onc I3rogram.
This plan would to identify and evaluate alternative assistance and incentive
provisions that could be implemented to assist economic revitalization in federal or
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state enterprise zones.
In l3artiEll:llar, this I3laA should I3ro'o'idc The NLC SUllllorts the detailed examination of
alternative federal policies, incll!dina clarifications to the "enterorise zone" conceot.
I3rograFAs, and iA'lI3IElfAeAtatil3A strate~iEls that would address tJ:1El following :
consolidatiA!! the state aAa federal enterprise zone pro!!raFAs inte a coordiAated plan;
USiA!! eAterl3rise zones as a catalyst in
. link economic development programs with employment and training
referral programs;
. pro'JidiAg Ilrovide opportunities in entrepreneurship, skill development,
and employment for minorities, women and disabled individuals in
enterprise zones;
. pro','idiAg Ilrovide retraining and job placement for workers displaced by
declining industries in enterprise zones;
. developing develop public/private partnerships between local government
and private lenders to facilitate loans for small businesses in enterprise
zones;
. cOFAoining combine incentives and direct assistance from different levels
of government to foster targeted investment and job creation in
enterprise zones;
. tar~etiAg taraet incentives for marwfacturing and service industries in
enterprise zones that address the following environmental quality issues:
(1) recycling, (2) toxic and hazardous waste disposal, (3) pollution
control, (4) alternative energy technology development and production;
and,
. ~ ~ energy efficient infrastructure such as district energy systems
to enhance the economic competitiveness of enterprise zones.
Furthermore, the NLC sUllports the followina Ilrovisions: A prograFA should be
undertakefl initially SA a demonst~i3 and should ineerporate ti:1e fOllov'.'ing
provisions:
. it should prs'v'iac tax incentives that are relevant to the needs of new
businesses and expansion of existing businesses. These incentives
should be carefully drawn to ensure that they achieve productive results
and are not mere windfalls. The NLC SUPllorts any additional Additional
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incentives should be pro'Jided to increase the involvement of minority
and women-owned businesses in enterprise zones in a variety of areas
sueh as procurement, equity partners, etc.;
. to qualify for the business incentives, firms should be required to hire
low income or disadvantaged workers. Rather than have a standard
nationally uniform employment requirement, each local governmental
should decide what the requirement will be in that city's zone, subject
to approval by the administering federal agency;
. substantial labor-related incentives should be provided to assist and
encourage firms to hire the structurally unemployed; and,
d. cities tRat are eligible for UDAG (iAeluding the "peclcots ef ~o'o'erty" previsioAS)
shoulEl be eligible to apply for Zene desi~nution. Fedcral aAd state designation
GReuld be im:reGsed by two percent abovc thcir CDBG alleeatioA. In applyiAg,
the leeal government sRould (1) offer u ~ackage of actions deGi~ncEl te ensure
the suceess of a Zone in the particular cireumstaAecG ef tRot city; ana (2)
delineate under general gl:lidelines Zone boundaries. Delineation gl:Jidelines
should allow for inclusion of \laeant or under used land v:itl:1 a Zone. States
should be encouragea to pro'Jide additioAal business iAvestffiont inconti'Jos ane
Enterprise ZeRO Prograffis fer local govcrnments, but sheuld Aot Rave veto
pO'Ner ever eligibility or ap~licatioA procedurcs; and
. changes in federal regulations in a Zone an enterorise zone should oceur
only at the request of the local government. Any sueh changes must not
go to the heart of the regulation but to problems of administrative
complexity and burden.
iL Emoowerment Zones/Enterorise Communities (EZ/ECs!
The Omnibus BudQet Reconciliation Act of 1993 (Pl103-66l. orovided $3.5 billion
over five years to designate nine "emoowerment zones" (6 urban/3 rural), and 95
"enterorise communities" (65 urban/30 rural) across the country. Patterned on the
"enterorise zone" conceot. this proaram uses waae credits, certain tax and reaulatorv
relief. and coordinated federal resources to help improve selected economicallv
depressed areas. Designation eligibility is evaluated bv the U.S. Department of
Housina and Urban Development U:illQJ according to four orincipal criteria: 1l
economic opportunity for communities: 2) creation of sustainable develooment: 3)
creation of community-based partnershios: and 4) orovision of a strateaic visi~n for
chanoe within communities. In addition. a new social services block arant worth $1
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billion over two years will provide $100 million to each of the urban empowerment
zones, $40 million to each designated rural zone. and approximately $3 million to each
enterprise community.
NLC believes that the EZ/EC program can be a useful addition in enhancinQ existing
proorams. but must not affect fundinQ and administration of proorams it encompasses
that are not part of EZ/EC proiects.
3.02 ECONOMIC DEVELOPMENT
B.
Community Investment and Financing Federal Programs & Policies
2.
Policies With Direct Impacts
d. Internationa/ Business Deve/opment
The federal government should assist cities in improving international development
efforts by:
L giving greater publicity to U.S. and Foreign Commercial Service market
information to exporters and potential exporters in cities;
ii. increasing the funding for the Small Business Export Development Assistance
Program in the International Trade Administration to finance local business
assistance centers in cities;
iii. initiating programs to train local government employees as trade specialists;
iv. providing more effective dissemination of information on the wide range of
federal programs available to assist domestic firms with investment, export,
marketing, or contracting efforts through Commerce Department-sponsored
annual regional seminars and/or conferences;
v. strengthening the competitiveness of U.S. industry in world markets by
structuring, within a single department, all programs relevant to international
trade in order to provide more coordinated and effective marketing, counseling,
and financial assistance to exporters and would-be exporters; and
vi. ensurino that our telecommunications capabilities remain the best in the world
in order to effectively compete in the world trade environment. Thus, the
Federal aovernment must insure eaual access opportunities to all.
viL expanding the U.S. and Foreign Commercial Services Extended Post of Duty
18
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Program, in cooperation with local governments, to assist small- and medium-
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assist the exporter.
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3.02 ECONOMIC DEVELOPMENT
B. Community Investment and Financing Federal Programs & Policies
3. Community Reinvestment Act (eRA)
Federally insured financial institutions must also be held accountable to the community
they serve. They must further reinvest in the same communities that invest in them
and locate in imooverished areas. Both state and federal Qovernments must work
with these lendinQ institutions and reouire that they remain in. or enter the
communities they have lone neolected by providinQ financial services and by investing
financially in the community in the form of low interest loans for small business and
home buyers.
NLC believes that ...
3.02 ECONOMIC DEVELOPMENT
C. Economic Develooment throuah Waste Diversion Activities
Waste manaaement oroblems tend to be more serious in urban areas. due to the
decreasing availability of nearbv disoosal sites and to the oroblems associated with
sitinG facilities in dense urban areas. However. urban areas are oerfectly situated for
the development of waste diversion oroorams (recycling. como osting and source
reduction). They generate laroe amounts of recyclables which can be used as raw
materials for local orocessina and manufacturina industries. offer ooportunities to
reduce the costs of collection oroorams due to economies of scale. and have
ourchasino power which can be utilized to create demand for the recycled oroducts
manufactured from local recvclables. The develooment of local recyclino
infrastructure made uo of many smaller businesses not only orovides a more desirable
alternative to laroe mixed waste disposal facilities, but also creates more iobs than
their disoosal alternatives and orovides better equity in the sitino of facilities
throuahout urban neiohborhoods.
Intearatino the development of recvcling collection. orocessina. and marketing
activities into a wider variety of community develooment 'proorams will aid
municipalities in solvina their solid waste problems. create needed local iobs. reduce
deoendance on more distant disoosal facilities. aid in meeting state recycling Qoals.
and oravide another step towards creatlnQ more sustainable urban communities. As
with eneroy conservation. urban conservation and waste diversion oroorams such as
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recyclinQ. comoostino and source reduction are oarallel and comolementary concepts.
3.02 ECONOMIC DEVELOPMENT
E. Military Base ClesiRgs.
0, Economic Conversion
The defense industry has become a vital element to the economic orowth and stability
of the nation's cities and towns. Thus. the recent reductions in military spendinQ. and
the subseQuent base closures, and cancellation of defense contracts have had a
devastatinQ imoact on emoloyment and economic develooment ooportunities in our
municioalities.
Ihe NlC calls uoon the federal Qovernment to develoo five maior orogram areas
corresponding to soecified federal aoencies which will administer the oroaram funding
for economic conversion. The orooosed maior oroarams are:
.L Assistance to oublic/orivate entities or consortiums to assist firms in the
economic conversion orocess with emohasis on dual-use technoloQY
aoolications and manufacturing extension:
f." Assistance to dislocated military and civilian workers imoacted by defense-
related downsizing or base closures and realionments;
3. Assistance to communities adversely imoacted by defense-related cuts for
community olanninQ and redevelooment:
4. Assistance to communities adversely imoacted by defense-related downsizinQ
or base closures in the form of technical assistance or olanning arants: and
5. Establish a national Economic Diversification Council. comoosed in Dart of
municipal officials to serve as an advisory board to both the Conaress and the
White House on the most constructive means to assist communities most
severelv imoacted bv base closures or reductions in defense-related contracts.
In addition, the NlC calls upon the federal aovernment to assist communities and
regions to meet federal matchina reQuirements in community develooment olannina
proarams, such as those administered by the EDA. related to defense-related
downsizina.
In maximizino the use of existina municipal resources. federal. state. and local
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governments must convert those industries which are no lonoer viable under their
current practices into productive businesses. Several areas of concentration should
be covered. Thev are as follows:
L Research and Development
The federal oovernment has a prooram to assist workers and aid communities affected
by the closure of military bases. Included is an innovative approach to supportino
dual-use R&D--the Technolooy Reinvestment Proiect l.I!!fl. The TRP aims to
encouraae research into commercial or dual-use products. Le. items that can be
utilized for both military and civilian ourooses.
Further. the NlC suoports a TRP proaram or a orooram run by the
SBA or EDA that:
~ encouraoes coordination and collaboration between business. oovernment,
academia. and non-orofit orouos.
.!h orovides seminars on accessino private caoital and exploitino new market
opportunities. These efforts reo resent a very positive, low-cost method to
suooort conversion.
Q. provides tax incentives that encourage private initiatives which sour
entrepreneurship.
sh enhances the availability of caoital for defense-related diversification proiects.
2. Military Base Closures
The downsizino of the military has closed bases which for some communities,
provided critical economic benefits.
The NLC calls on the federal government to adopt the following policies to guide its
activity related to mili~ary base closings:
a. Impacted cities should have a minimum of 30 days' notice prior to official
public announcements of base closures or military spending reductions or
realignments;
b. Communities should have at least 12 months after a decision has been made
to close a base before actual closure proceedings begin;
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c. The U.S. Department of Defense should provide an environmental assessment
and economic impact analysis to affected communities which quantifies the
impact of defense base closure plans in order to minimize local economic
impacts;
d. A national Economic Diversification Council, composcd in part of municiJ*l!
officials sAoulel Be establisAcd t6 serve as an as','isory beard t6 botlHfle
Con~ross and the 'NRite Flouse on the ffiost Gonstructi'Je rneans to assist
ceffimunities rnost scvcrely impacted by base closures or reductions in rnilitary
contracts.
d. Ownership of closed military installations should be transferred at no cost to
cities wishing to redevelop these facilities for alternative uses;
e. If impacted municipalities decline to acquire closed military facilities, then
impacted counties or states should be allowed to acquire these facilities at no
cost to the acquiring jurisdiction;
f. When closed military facilities are acquired, the acquiring entities should be
required to maintain these facilities in compliance with local ordinances;
g. The federal government should make annual appropriations of funds to pay all
environmental cleanup costs associated with closed military bases prior to
transfer of ownership to cities, counties, or states. The federal government
should assume perpetual responsibility for all environmental problems on these
bases resulting from past military actions and operations; and
h. If reuse plans are not prepared and implemented within ten years after the
transfer of ownership, then the properties should revert back to the federal
government.
3. Technoloav Reinvestment
Because many defense-related firms were not initiallv desianed to comoete in the
civilian marketplace. internal conversion is a challenge for them to achieve. Defense-
related firms aenerallv operate in a uniaue coroorate culture which complicates
defense diversification efforts. Traditionallv they sell onlv to one
customer. the U.S. Government. In addition, these firms manufacture products in
limited numbers tailored to meet their customers' strinaent technical standards and
needs. In many cases, this reauires hand-tooling rather than the automated
production that characterizes non-defense-related manufacturing.
Given the current challenqes facinQ defense-related firms. the NLC supports:
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1 a. Defense Conversion Adiustment Proaram (DCAI. which orovides retraining and
2 readiustment assistance for workers affected by defense-related cutbacks.
3
4 b. Defense Diversification Proaram (DDPI. which re-trains workers both military
5 and civilian. affected by defense-related downsizina.
6
7 c. Economic Adiustment Program in the Economic Develooment Administration
8 (EDAI which helos states and local areas imolement strateaies for adiustina to
9 situations that threaten serious economic dislocation -- including defense
10 downsizina.
11
12
13 4. Business Develooment
14
15 Existina federal oroarams have made imoortant strides in assistino defense firms
16 seekinQ to diversify into civilian markets. Yet. by limitino suooort to fundinq of
17 dual-use research and develooment. these initiatives do not offer remedies to the
18 credit crunch that has severely imoacted small and medium-sized defense firms. The
19 NLC calls uoon the federal oovernment to suooort:
20
21 B.., A Business Develooment Proaram that suooorts small business incubators and
22 orovides hands-on marketinq and business olannina assistance.
23
24 b. An exoansion of existino exoort promotion activities with soecial emohasis on
25 outreach to small and medium-sized businesses.
26
27 c. The use of tax incentives to encouraae oartnershios between larae and small
28 defense firms and to encouraae orivate initiatives which sour entreoreneurshio.
29
30 g" Creation of a Fund for Defense Conversion to enhance the availability of
31 working caoital for small and medium-sized defense firms.
32
33 e. Exoansion and suoport for small business incubator and manaoement trainina
34 services.
35
36 t Continued exoansion of its exoort oromotion activities. The President's
37 National Exoort Strategv, announced on Seotember 29. 1993. takes a steo in
38 the right direction by eliminatina outdated exoort controls and exoandino
39 Washinqton's exoort oromotion activities.
40
41 g. Continued action to enhance the availabilitv for defense diversification oroiects.
42
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h.
Creation of an advocate position for small, minority, and women-owned
business with the primary responsibility for furthering the interests of these
groups in the economic conversion process.
i.
Reduced accounting and procurement regulatory barriers to implementing dual-
use technologies.
3.03 HOUSING AND NEIGHBORHOOD CONSERVATION
A.
Needs and Goals
NLC wants this nation to have a vigorous private sector housing industry that will
contribute to achieving the goal of a "decent home and suitable living environment for
all Americans." Furthermore, NLC supports federal efforts to implement the
appropriate housing policies. Taken together, the totality of local. state. and federal
programs -- if appropriately strengthened and supplemented, if adequately funded and
effectively implemented, and if accompanied by adequate job opportunity and income
maintenance programs for those in need -- would give promise of reaching our housing
goals. In addition, the NLC recoanizes the critical relationshiD of auality local schools
to the market aooeal of homes in any aiven neighborhood. and encouraaes the
facilitation of local schools. These programs must be effectively coordinated with
community and economic development programs to achieve an integrated approach
to neighborhood conservation. '
3.03 HOUSING AND NEIGHBORHOOD CONSERVATION
C.
Special Housing Needs
1.
HomeD wnership
Homeownership is rightlv reaarded as a svmbol of the American Dream.
Unfortunately, more and more Americans are findinCJ that this Dart of the dream is
priced out of their reach. Therefore, the NLC suooorts We support a federal housing
policy that places a stronger emphasis on expanding and strengthening existing
programs promoting homeownership. fer first time buyers.
Additionally, the NLC supports federal homeownership efforts whose +fie key
components ef-sU€R a pregrarn include polidcs to:
,
a.
lewer overall heusil1Q eonstrl:Jetion priecs;
. '
iT.a. lower and stable stabilize mortgage interest rates;
24
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&:b. reduce,!! #Ie required down payment and closing costs;
fr:Q" restricted tfle resale prices on assisted housing to help subsequent
purchasers or allow for other creative mechanism such as equity sharina
to recapture Federal funds to help other low income buyers;
&:Q" disseminated previde information about the availability of these
programs;
e. proarams that encouraqe moderate and middle-income homebuyers that
are not necessarily first time-buyers to locate in lower income areas with
few owner-occupants. so that they may increase the number of
stakeholders and increase the economic strength and diversity of
neiahborhoods;
f. community-based homebuver counselinq proarams not only to help
families achieve homeownership, but also to maintain it;
.[,. homeowners hip proarams for low and moderate income people.
h. expanded opportunities for home ownership by introducina rent-to-own
housina. '
This policy should support the continuation of mortgage revenue bonds which target
first-time buyers and low and moderate income households.
Specifically, we call for the adoption of such low-cost measures as; increasing the
maximum FHA mortgage guarantee and the V A program; easing down payments by
first time buyers with IRA and other self-funded bonds; exploring employer-sponsored
and assisted housing, and; relaxing state and local regulations on production,
construction and rehabilitation of units.
NLC supports the concepts of creating homeownership opportunities for everyone.
NLC believcs tRot hOFfleewRership pregr;)ms ~or low and medcratc ~
sl=lei:Hd be earries ,;",'ithin the frame'Nork provieeB by tRe HOME program te aeeaunt fOf
the diversc Reeds of local COFflIflI:lRitics.
3.05 COMMUNITY DEVELOPMENT BLOCK GRANT
A. CDBG Purposes
The National League of Cities supports the Community Development Block Grant
program and we urge the President and thc Congress to re al:lthorize the program fOf
tAree yeprs at a fundiA~ Icvel no less tAaA the 1987 author,izaflefr. We believe that this
program is a very effective form of federal assistance to local governments for
25
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mobilizing resources and solving housing and community and economic developmen~
problems. The league endorses the primary purpose of the program: "the
development of viable urban communities, by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of
low and moderate income."
B, Distribution' of CDBG Funds
Carrying out the purposes of the CDBG legislation requires adequate funding, We
urge the President te f3repesc amJ the Cengress to f3roviac a modest real increase ever
FY S5 levels iA adaitioA te an upvvara adju5tFReAt for iAflation.
3.03 HOUSING AND NEIGHBORHOOD CONSERVATION
B. National Policy
7. Crime and Drugs in Public Housing
Drugs and crime in public housing have reached epidemic proportions and require
drastic actions. NLC supports prohibiting those evicted from public housing for 6A:l~
related criminal offenses from receiving new assistance in the form of public housing,
section 8 certificates or vouchers; calling for the HUD Secretary to respond, within
30 days, to requests from local housing agencies to waive federal administrative
grievance procedures for eviction of tenants engaged in dru!3 related criminal
activities; improving guidelines on what legal authority and rights PHAs have in
fighting drugs and crime in public housing; allowing leases to explicitly order evictions
for drug related criminal offenses; and, increasing funds for security improvements,
drug education, outreach and other preventive measures;
26
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HUMAN DEVELOPMENT
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POLICY AMENDMENT ':K
4.12 Crime and Violence
Statement of the Problem
Crime and violence solutions are evervone's resoonsibilitv. Crime and violence
continue to plague American cities and towns, And while there have been serious
discussions by all levels of government over the complex issl:les services that, when
coordinated, can make a difference, until recentlv there has been little substantive
action taken. These issues services include preschool education, programs targeted
at youth-at-risk, substance abuse treatment on demand, economic development, and
job training and creation.
Rather, local law enforcement has been pressed by community residents to make
more arrests, implement mandatory sentencing, build more prisons and get the
criminals off the streets, The current approach then, is crisis and sinale issue oriented
rather than holistic. The cost to the taxpayer and to society as a whole has been
devastating.
The avera@e eest of providin@ a home visitor to aid a YOl:lng motAer iR earin@ for aR
infaRt is $1,700. Contrast that \VitA tAe over $5,000 a ','ear it costs to treat that
infant if he or she is physieally al:HJsed and must be plaoed in sl:lbstitute eare. Or,
contrast tAe $3,000 te $4,500 avera@e cast of providiR@ intensive preservation
services te a family witA three childreR, a cast tRat increases by $10,000 for each
chils placed in foster eare. Then eOAsiser that, OR avcra@e, it costs $27,000 a year
to setain a yeung person in a publie juvenile detention facility and $80,000 to
maiRtain a seriously troubled eAild in a residential treatment center.
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While thcse faets are treubling, tAey afe not new. For years, it has been 'Ncll known
that l:lp front sasts will save FIlone., ans lives over the long term. But the system ie
net oriented-te-the long term, '
The srug trade Aas always becA Iinkcs'.Nith violcRce. Beeausc of tRC activities fluid
n:Jtl:Jro of tAe 8rug traae, neigAsorhood It.-ateh l3r0graFRs and eemmunity policing
efforts have limited effeet. Dealers tAat arc eAasc8 out of one cemffil:lniW Rave enly
to move several bloeks a'Nay.
B\:ff Ihe new, heightened levels of "violence for its own sake" combined with the
soread of the drua trade has left residents in all areas of the country - urban, suburban
and rural - hiding and often armed behind locked doors.
Prevention is the key~~ That is, preventing children from becoming drug dealers,
27
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1 victims or perpetrators of violence. This can be done by such efforts as reducing
2 access to guns, returning schools to the "safe havens" they once were, providing
3 children with successful role models and, celebratino positive successes of our youth.
4 This nation needs to view vouno peoDle as assets - not liabilities. a glimmer of hope
5 that tRey will, in faet, gre'/: up.
6
7 The law enforcement community can no longer carry the load alone. Given the
8 resource constraints confronting all levels of government, it is imperative that we
9 reorganize priorities.
10
11 In reoroanizing priorities there must be a constant commitment to assure that iustice
12 is dispensed eoually and not based on race, education or economic status.
13
14 Many communities have taken matters into their own hands. Neighbors have united
15 to run drugs and violence out of their communities through Neighborhood Watch and
16 to demand local police departments return to the practice of Community Policing.
17
18 The National Crime Prevention Council (NCPC) has provided cities and towns with the
19 hands-on, how-to, materials and publications to assist citizens in their efforts to
20 organize and fight back against crime and violence. NLC supports these efforts and
21 urges Congress to continue to fund the work of the NCPC.
22
23 Community policing has helped to return the sense of unity between the local law
24 enforcement community and the public. Local law enforcement officers must not are
25 no 10Rger be seen as "the enemy" but a~ friend~ who can be trusted. NLC supports
26 these efforts,
27
28 B. Action
29
30
31 Action must be taken to promote public safety in our communities. To accomplish
32 this, NLC:
33
34 1. Supports full funding for Head Start and ade~uate fundino for other childrens'
35 proorams to ensure all ~6le children -efltef attend school Ready to Learnt.
36
37 ~ Supports aelequate fundin@for children's programs overall. In 1990, ti'lc federal
38 gO'v'ernFflent spent only *SB.S billion on ~regrams for tl:1e AetieR's future 6t:1f
39 children, yet tr.e prejectCEI cost sf the Stealth Bomber prograA1 is' at $44.6
40 billion, only a freotioR of tAe total defense bud~ot.
41
42 Supports the inteoration of personal responsibilitv proorams into school
43 curricula. Such proarams should provide instruction in areas such as tolerance.
44 humanity. respect. and honestv. NLC also suoports the use of conflict
28
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resolution teams in schools and communities to orovide youth with skills to
resolve difficult situations non-violently. Such oroarams should beain at the
ore-school level and be continued throuah the oost-secondarv level. Education
to eauio students with skills to confront anaer. oeer oressure and conflict
constructivelv should also be orovided in intermediate and hiah schools.
3.
Supports adequate funding for alcohol and drug abuse treatment. At least 715
pereeAt af erilTle aReI '.iolcACC is liRked to SUBstance aBusc. In the case of
domestic violence including but not limited to spousal and child abuse,
substance abuse plays a major part. An absolute priority must be funding for
all categories of substance abuse treatment.
4.
Supports increased and direct federal anti-drug and anti-violence funding to
cities and towns that can be directed towards community policing efforts, local
emergency anti-crime and violence activities, and rural enforcement programs.
5.
Urges a greater role for municipal elected officials in federal and state decisions
regarding the local use and expenditure of federal and state anti-crime and
violence funds, this would include the redirection of financial resources from
drug interdiction activities to prevention and treatment. As an additional
preventive measure, NLC supports efforts to tax advertising related to the
promotion of alcohol and/or any other addictive substance which contributes
to violence and crime in our communities,
6.
Supports a comprehensive community-based municipal strategy for substance
abuse prevention, intervention, treatment and law enforcement, including
alternatives to incarceration. NLC further urges that a balance in exoenditures
should be souaht between orevention and treatment and corrections. tRat fURS:;
cl:JrreRtly Buelgcted for corrections Be rcdirecteel to'Nards prevention and
treatmcAt activities. NLC suooorts federal research into alternative sentencinq
oroarams for first-time non-violent drua offenders, NLC suooorts the creation
of non-incarceration alternatives for first-time non-violent drua offenders.
7.
Urges registration of all hand guns in the United States. The federal, state, and
local governments should enact and strengthen laws imposing mandatory
sentences for the use of a firearm in the commission of any federal, state, or
local crime~~
NLC stronglv suooorts enhanced gun control that will disruot the i1leqal markets
for firearms.
8.
Urges a federal ban on all manufacture, sale, importation or use of
armor-piercing bullets that can penetrate bullet-proof vests except for legitimate
use by the military and police officers. We recognize that such legislation must
29
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23
24
25
26
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31
32
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include a precise definition of "armor-piercing handgun bullets" so that
legitimate recreational ammunition will not be affected and we urge the
Department of Justice and Congress to devise and agree on such a definition
as soon as possible.
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NLC urges passage of federal, state and local laws imposing substantial
mandatory sentences, with no possibility of parole, probation, or suspended
sentence for the use of armor-piercing bullets in the commission of any crime.
11
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9. Urges a ban on the manufacture, sale, importation or transfer of all automatic
assault type weapons and semi-automatic assault type weapons which can be
rendered automatic except for legitimate use by the military and police officers;
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local police agencies may check the criminal and mental health status of
purchasers. NLC supports a uniform, national computerized system to check
records in other states. Such a system should have ample protection for
confidentiality.
11. Urges that applicants for Federal Firearms Dealer licenses be required to show
proof of compliance with state and local laws to the Bureau of Alcohol,
Tobacco, and Firearms (BATF) before the agency issues a gun dealer license.
For example, to receive a Federal Firearms license, a dealer would need to show
proof of compliance with local zoning laws. Urges that the BATF be required
to provide each general purpose government with a list of that jurisdiction's
Federally Licensed Firearms Dealers annually.
1\
.1l:- Advocates and suooorts mentoring oroorams for disadvantaoed vouth.
Ii
13. Uroes the offerino of Dart-time emolovment oooortunities (after-school and on
weekends) for vouno oeoole who stay in school. This could be orovided
through local oroorams as well as federal oroorams such as the Job Trainino
Partnershio Act (JTPAL....
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14. Urges that school and communitv facilities should be made available after
school hours and on weekends. not only for soorts but also to comolement and
enrich the lives of vouths. Federal assistance with fundino for using school
facilities as community resources and centers while school is not in session
would orovide constructive social and soorts activities for youth. For examole,
these facilities could be used for after-school mentoring orograms.
15. Urges the Federal Government to adoot an aDo roach toward violence in the
media that emohasizes alternative aooroaches which will encourage and
aoplaud oro-social values: demvthifv violence. handle frustration. orevent
30
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suicide and deal with conflict. The NLC should undertake its own civic
education and media strategv. workinG with the federal Centers for Disease
Control and the private sector. on behalf of the nation's cities and towns. An
imoortant Dart of this strateav would be to make available to citv officials a
packaoe of materials desioned to assist them in workino with local media to
promote oro-social messaoes and to undertake their own civic and public
informatior:1 efforts."
NLC supports voluntarv entertainment-industrv run ratinG systems that will
provide advance notice of violent content in proorammino. NLC supports a
public health campaion in schools that taroets violence in a manner similar to
that used to combat drunk drivino.
16. Uroes the provision of the types of urban settinas that promote personal
relationships. increase neiohborhood awareness and diminish anonymity.
17. Uroes that the federal oovernment gather information on family status.
educational level and income as well as race in its crime statistics and give the
reportino of these variables eoual prominence in its reportino to that which is
accorded to race.
Crime statistics demonstrate the materially oreater risks of direct criminal victimization
of poor people. In addition, indirect victimization of crime also falls disproportionately
on poor individuals. Neighborhoods with laroe concentrations of low income people
are also oenerallv the oeooraphic areas of cities in which there are greater reports of
crime, particularly street crime.
Throuohout this policy chapter NLC advocates a variety of programs and initiatives to
combat poverty and unemployment and here simplv commends these policies as ways
to oet at the root causes of crime and violence.
C. Juyenile Justice
Juveniles constitute a disproportionate involvement in crime not only in terms of
perpetrators, but also victims, The present focus of the federal program within the
Office of Juvenile Justice and Delinquency Prevention (OJJDPl. is much too narrow
in scope in addressing the full range of problems in the area of youth victimization and
youth crime. Much work needs to be done in helping local Justice agencies in
processing juvenile offenders so that community interests receive as much
consideration as keeping the youth from a life of crime.
There is also the need for a comprehensive federally sponsored study on why youth
are so heaYily victimized, not only by other youth, but a'lso by adults. Such a study
should lead to concrete programs that can better assist the criminal and juvenile
31
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justice systems in responding to these problems.
The educational system can play a major role in the reduction of long-term
unemployment and underemolovment and in the prevention of criminal activity. The
federal gOVCJfAfficnt educational svstem should improve and equalize the quality of
education for disadvantaged YOl:Jth, low income persons, minorities, and persons with
handicaps. The federal government should continue to fund programs designed to
motivate disadvantaged students to stay in school and programs which provide
alternatives to the traditional school environment.
The Congress and Federal government should redefine restructure, reorganize and
revaluate all existing youth drug, crime prevention and related grant programs that are
currently scattered between various federal departments. These programs should be
housed under the authority of a single Office of Juvenile Crime and Youth Gang
Prevention under the Department of Justice. Existing and new programs should allow
local governments to work within their own communities together with private sector
and educational institutions, to provide positive life-style model programs for youth
to steer them away from crime and youth gang involvement.
The federal oovernment Ur1ited States Department of Justioe should establish specific
incentive grant programs, with funds flowing directly to cities that have established
local juvenile crime and youth gang prevention partnership programs.
D. Domestic Violence
The National League of Cities believes that domestic violence is a serious social and
criminal justice problem that significantly impacts our nation's cities and towns in a
variety of ways, including families in general and more specifically, emergency
shelters, schools, law enforcement agencies, and the courts,
Domestic violence can no longer be viewed as a private family matter but rather in the
context of other crimes requiring prevention and prosecution. The National League of
Cities supports federal legislation which would provide funding for cities and counties
to develop programs to address the problems of domestic violence through prevention,
treatment and effective prosecution.
POLICY AMENDMENT :6.:.
A. Probleffis Challenoes in Education
Cities and towns have a role to play in education in their communities. Declining
school budgets, societal changes affecting children and families, continued
unacceptable drop-out rates, violence on and off school 'grounds, and lack of strong
educational leadership demand that schools, cities and towns, community, business,
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parents and all residents collaborate in actions to enhance educational outcomes for
children. Congress must be a full partner in this collaboration.
Citv officials recoonize the strenath and resilience of American students even when
forced to function in adverse environments. Citv officials also recoonize the dedicated
efforts of oarents, teachers. school administrators and school suooort staff in oursuit
of educational achievement and local innovation. Desoite these efforts the challenoes
of the Dresent and future demand svstemic reform of educational systems - a
reinvention of educational services.
All children should must be able to develop their capabilities to the greatest extent
possible regardless of race, sex, or any disability handica~ping ccnditions. This
capability development should be achieved through contcFRporary effective,
comprehensive programs resulting in employability and/or lifetime skills.
The stagoerino oercentaae of functional illiteracv in orison OODulations suaaests that
the achievement of educational norms encouraoes assimilation into a positive Iifestvle.
The per pupil expenditures for local education vary greatly. In those localities of
greatest need, particularly in inner city areas, the expenditure levels are inadequate to
meet the special problems of low income, culturally deprived, or honsieappcd children
with disabilities.
o
The out-migration of residents of inner cities to suburban and rural areas can be traced
in many cases to substandard education policies and programs. If the urban
conservation goal is to be pursued, then basic educational programs must be improved
for the citizenry in general anq for groups with special needs.
B, Cities Roles in Education
The National League of Cities should become increasingly involved in the national
discussion about improving educational outcomes for children and youth.
Because the quality of its public education system is one of the major determinants
in a city's ability to offer a satisfactory quality of life for its residents as well as to
attract and retain business and industry jobs which support its residents, cities do
have a role in education.
Education is everybody's business. Cities as well as parents and all city residents
have specific areas of responsibility ~hroughout the years that children are in school.
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Cities and towns have a primary role in assisting families to prepare children to be
Ready to Learn from the child's age of minus 9 months 'to 5 years by providing for
and facilitating collaborative efforts among community service agencies to provide
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family support services such as health care, prenatal care, WIC programs, Head Start
and expanded child care and preschool programs, parenting and other programs to
assure school readiness.
Cities and towns have a sccondary role in supporting families, children and youth from
the child's age of 5 years to 18 years to assure continued school readiness through
providing and facilitating services supportive of families and the educational process
such as library services, health care, safe disciplined drug-free environments, parks
and recreation programs, and joint cooperative use of facilities with school districts.
Children, youth and families must be treated together in a holistic manner.
Co-location of Human Services Agency representatives in or near school sites in the
most accessible location for families provides the best opportunity for successful
cOllaborative partnerships among families, schools, community and business. Cities
can function as facilitators in bringing together these partners to work in collaboration
to keep families in tact and children safe, healthy and in school as well as making
maximum use of community resources.
Cities and towns have a role in supporting schools through legislation, lobbying, and
advocating policies that are relevant and helpful.
Cities and towns have a role in securing and promoting comprehensive health care
services, health education, food programs, and education on nutrition to students and
their families.
The NLC must enyourage the federal government to appropriate adequate funds to
provide Head Start preschool experiences for all children ages 3 to 5 years.
Cities and towns must continue collaboratively to seek: solutions to identified barriers
associated with collaboration such as liability insurance, ways to mitigate
governmental restrictions to information exchange among agencies, ways to overcome
turfdom and fears of budget invasion and eliminate distrust of government and shared
decision making. All these actions are intended to make partners of participating
agencies.
C. Education Goals
Officials from all levels of government must continually seek modifications to assure
that equal and appropriat!3 educational opportunities exist in the public elementary and
secondary systems for all youth and adults whose preparation for full participation in
our economic, social and political system can be enhanced by additional education.
Meeting the educational needs of special groups--the poor, minorities, and tho hanEli
~ children with disabilities -- must be a joint priority of the federal, state and
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local governments.
D. Policies for Action
, . Performance standards should be developed in order to better measure the
effects of increased funding for school districts with educationally
disadvantaged students. Schools should be expected to measure the actual
achievements and education progress of pupils through a variety of national,
state and local assessment instruments and procedures. Variations in level of
achievement and educational progress should be cause for increased effort in
attempting to equalize equity of outcomest ~ Performance standards should not
be limited to standardized testina but should also include broad measures of
outcomes such as employment and participation in continued education. A role
for parents. community leaders. the business community and students should
be created in the standards settina process.
2. The federal government should build upon demonstrations of innovative
programs designed to motivate disadvantaged students to stay in school and
seek alternatives for those who cannot function within the school environment.
In providing urban youths with the knowledge and skills necessary for
successful careers in our technologically bascElsocicty, the school must respect
#te cultural diversity valucs of miAority groups. There must be continued efforts
to involve parents in school programst ~ The federal government should sponsor
continuina research on the effectiveness of domestic and international
proarams that bridae the school to work aap.
3. State and federal government must act to assume greater responsibility for
financing local education to provide for greater equalization of education
expenditures, afl€i to help meet the needs of key groups of students such as the
gifted and talented, the socio-economically disadvantaged, minority children
and hanElicap~cd those with disabilitiest and to recoanize successful innovation
at the local level. Congress must act in a timely fashion on annual education
appropriations and fully fund any federally mandated programs.
4. Efforts should be mElee It is imoerative to improve and equalize the quality of
education resources and outcomes throughout school systems. It must be
recognized that minorities, low income persons, and persons with flamlicaps
disabilities may require higher expenditures to assure equity in educational
achievement. Additionally, inner city schools generally have a greater share of
students with special needs. Therefore, to address these needs we encourage
the inclusion of programs which make coordinated human services, health and
family counseling services more accessible at schools and in related neighbor-
hoods, recognizing that those most in need are usually also transportation
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4 SUDcort. This is not alwavs synonymous with increased salaries, More effective
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6 autonomy, enhanced levels of ouidance SUDDort, improved facilities and SUDDort
7 services and the oreater availabilitv of social services and DoUce/school resource
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TRANSPORTATION AND COMMUNICA liONS
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5.04 COMMUNICATIONS
(BJ Electronic Access to local Government Data
To safeguard municipal interests and promote expanded use of innovative information
technologies:
1. Municipalities should never be required to provide data electronically, or in an
electronic format that involves a significant development cost without
reasonable compensation for those costs. A key determinina factor for
developing such charaes is the cost of orovidina the service. Cities should be
allowed to orovide information in the format that is aenerallv emoloyed. which
may not necessarily be in the form that a reauestor wants.
(D) Broadcast Television
1. Low Power Television
Low power television (LPTVI can increase access to television in underserved
areas, enhance competition, and expand media ownership opportunities for
women, minorities, and small businesses, LPTV policy should promote. and
give oriority to, local aovernment ana public service programming, encourage
diversity in programming, maximize local competition among LPTV stations, and
encourage ownership by women and minorities. Restrictions on trafficking
should be established to preserve minority, female, small business, and local
ownership.
(E) The Telecommunications Industry
1. Goa/s.
National telecommunications policy should ensure the provision of high quality
basic telecommunications service at affordable rates to consumers, preserve
state and local authority to regulate intrastate communications, encourage
, technological innovation and the implementation of new services, and enable
the American telecommunications industry to compete in the global market.
To assure attainment of these aoals, state and local reQulation of intrastate
telecommunications services should be oreserved to the maximum extent
possible, dereaulation should be confined to fully comoetitive
telecommunications markets, and monopolistic and anti.comoetitive oricina and
related oractices should be eliminated.
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2. Municipal Planning and Oversight
... Such markets include any technologies related to the information
suoerhighway includina, but not limited to, cable television, interexchange
carriers (IXCs) ... and local exchange carriers. ...'
In addition. because of the critical importance of public riahts-of-way and
municipal responsibility as trustees of public properties. municipalities must
have flexibility to auide private providers by managing access to the public
rights-of-ways on matters including. but not limited to. maintenance,
safeguards. and standards.
3. Revenues.
Municipalities must have the authority to design fees and receive iust
and reasonable compensation for the use of public riahts-of-ways. In
addition. municipalities must have the flexibilitv to consider aU revenue
options related to their information services needs. Federal and state
policies. moreover. must not limit municipal authority to desian and
collect revenues for information services.
4. &- Accessibi/ity and Affordability
Access to affordable unIversal basic telecommunications services should be
available to all urban. suburban, and rural areas of the United States. Federal.
state. and municipal aovernments. business. and citizens should work toaether
to ensure adeauate access. Any funds or methods used to ensure universal
service should be established and administered in consultation with appropriate
leoal franchising authorities.
Lifeline service programs should be established and administered at the state,
at the local. or at both levels to ensure affordable basic telecommunications
services to qualifying low-income consumers.
Q. 4; Equal and Fair Access
Federal, state, and municipal telecommunications policy should promote
reasonable access to all public telecommunications networks related to the
information superhlahway (e.g. local telephone companies, alternate access
carriers, cable communications firmsl offered by any provider to assure
nondiscriminatory, universal service throughout their authorized service areas.
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RESOLUTION. #1
OPPOSING FEDERAL RESTRICTIONS ON MUNICIPAL REGULATORY AUTHORITY
WHEREAS,
the subject of "takings" is the subject of legislative debate and
litigation and this debate and litigation is expected to expand and
continue; and
WHEREAS,
proposals to regulate "takings" increasingly propose restricting
governmental actions which do not place property in government
ownership but instead create situations in which it can be asserted
that the governmental action results in a reduction in the value of a
property or restricts the future growth in the value of that property;
and
WHEREAS, the very reason for the existence of municipal government is to
protect the health, welfare and safety of the public; and
WHEREAS,
this protection of health, welfare and safety involves city and town
governments on a daily and continuing basis in a myriad of regulation
of private property including such actions as zoning, planning and
licensing; and
WHEREAS,
the Fifth Amendment of the United States Constitution contains
language prohibiting the taking of property without just compensation;
and
WHEREAS,
all municipal regulatory actions must be taken within the constraints .
of the Fifth Amendment which is subject to continuing refinement by
the courts; and
WHEREAS,
a number of state municipal leagues have been involved in efforts to
stop or modify such "takings" initiatives at the state level and such
efforts will be undercut if federal actions preempt the field on this
subject.
NOW, THEREFORE BE IT RESOLVED that the National League of Cities opposes
any federal regulation, statute, or constitutional amendment which
would place restrictions on state and local government actions
regulating private property or requiring additional compensation
beyond the continually evolving judicial interpretations of the Fifth
Amendment of the United States Constitution.
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39
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16
17
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19
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21
22
23
24
25
26
27
28
29
30
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32
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36
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RESOLUTION - #2
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BUDGET RESOLUTION
WHEREAS, the 1 04th Congress expects to act on a proposed balanced budget
amendment to the Constitution in early 1995; and
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
federal action to reduce federal deficits could simply transfer
responsibilities and unfunded mandates to state and local
governments; and
implementing a balanced budget amendment could force severe cuts
in federal resources that currently partially fund federal mandates on
states and local governments; and
federal mandates require cities and towns to perform duties without
consideration of local circumstances, costs, or capacity, and subject
municipalities to civil or criminal penalties for noncompliance; and
excessive federal burdens on local governments force some
combination of higher local taxes and fees and/or reduced local
services on citizens and local taxpayers; and
WHEREAS, the National League of Cities strongly supports credible efforts to
eliminate the federal deficit; and
I:
WHEREAS, NLC opposes altering accounting rules or changing other procedural or
budget rules as a substitute for honest deficit reduction; and
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WHEREAS,
WHEREAS,
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NLC opposes exempting any entitlement program, national defense, or
revenues from consideration as part of any serious deficit reduction ! I
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NLC believes that 8\5t ong natl nal defense is essential; and
NLC believes municipal leaders have an opportunity to work with the
new Congress to make fundamental changes to reshape the
relationships of the federal, state, and local governments.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities strongly
opposes any balanced budget amendment that would transfer greater
burdens, responsibilities, and unfunded mandates to state and local
governments; and
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BE IT FURTHER RESOLVED that NLC opposes any balanced budget amendment
that establishes or increases barriers either to raising revenues or
cutting spending to achieve a balanced budget; and
BE IT FURTHER RESOLVED that the 104th Congress must enact legislation to
reduce existing unfunded mandates and to prevent new ones prior to
adopting, a balanced budget amendment; and
BE IT FURTHER RESOLVED that inclusion of a "no unfunded mandates" provision
in a balanced budget amendment is essential; and
BE IT FURTHER RESOLVED that in implementing any balanced budget amendment,
NLC strongly opposes use of accounting rules to avoid hard choices
about governing; and
BE IT FURTHER RESOLVED that in adopting any budget resolution or reconciliation
legislation in 1995, NLC believes that all entitlement programs,
including tax expenditures, revenues, and all discretionary spending
programs must be on the table; and
BE IT FURTHER RESOLVED that in adopting any budget resolution or reconciliation
legislation in 1995, NLC supports treating public safety as a critical
priority; and
FINALLY, BE IT RESOLVED that balancing the federal budget must go hand-in-hand
with balancing decision-making responsibility between local, state,
and federal leaders.
41
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17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
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38
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RESOLUTION. #3
RECOVERY OF COSTS ASSOCIATED WITH AUDITS
CONDUCTED BY THE OFFICE of INSPECTOR GENERAL
-
WHEREAS, the United States Government with increasing frequency, issues
mandates which must be carried out by local governments; and
WHEREAS, in a few circumstances, the United States Government provides
limited funding to qualifying local governments to assist them in
carrying out the Federal mandates; (for example the United States
Environmental Protection Agency [EPA] has provided grants to defray
the costs of planning and constructing wastewater treatment plants
so that communities can comply with the Federal Water Pollution
Control Act [Clean Water Act)); and
WHEREAS, within the federal government, the Office of Inspector General (DIG)
may audit expenditure records of local government grantees in order
to determine whether expenditures were eligible and allowable; and
WHEREAS, in the event the DIG decides that an expenditure was ineligible or
unallowable, it recommends that a proportionate amount of grant
monies be recovered by the Federal government; and
WHEREAS, in defending against such a recommendation a local government
grantee may be required to expend substantial amounts of money and
other resources to prove the DIG is in error; and
WHEREAS, even if the local government grantee is able to prevail and defeat the
DIG recommendation, the grantee may suffer a substantial penalty by
virtue of having incurred defense costs.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities
supports Federal legislation to provide for the recovery from the
United States Government of the legal, technical and operating costs
associated with reviewing and commenting on any proposed and/or
final DIG audit report, and/or the costs associated with appealing
adverse grant eligibility determinations arising from any DIG audit
report, which were incurred by a local government grantee, provided
that the grantee substantially prevails against the recommendation(sl
in the DIG report.
42
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RESOLUTION. #4
GOVERNMENTAL AGENCIES AND THE USE OF CREDIT CARDS
WHEREAS, VISA and MASTERCARD policy currently prohibit local and state
governments from passing on the fees for using credit cards to pay
governmental assessments to the users and VISA and MASTERCARD
have placed extreme pressure on all bank~rs throughout the United
States to compel all local governments to bear the user fee for credit
card usage; and
WHEREAS, VISA and MASTERCARD policy currently does permit credit card fees
to be passed on as user charges by vendors such as gambling
casinos, resorts, truck stops, and gasoline stations; and
WHEREAS, local and state governments, unlike businesses, collect taxes, fines,
forfeitures, and other involuntary assessments and are unable to
adjust their "pricing" to cover the costs of collection or to deduct
such usage fees from the amount of the assessment owed; and
WHEREAS, it has been the custom of local and state governments to pass the fee
for using the card directly to the cardholder consonant with the
concept that such services should be paid in full or part by those
cardholders in the form of a fee; and
WHEREAS, the absorption of such a charge by the government constitutes a cost
to all taxpayers which is unfair to those citizens who pay by check or
cash; and
WHEREAS, resolutions in opposition to the VISA and MASTERCARD limitations
on governments have already been adopted by the National
Association of Counties, the Municipal Treasurers Association, the
National Association of Counw Treasurers and Finance Officers, the
Government Finance Officers Association, the National Association of
State Treasurers, and others.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities should
support efforts to have credit card vendors either voluntarily or under
appropriate legislation modify their present prohibitions on 19cal and
state governments from collecting reasonable usage fees for
involuntary assessments paid by credit car.ds.
43
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RESOLUTION - #5
AMERICANS WITH DISABILITIES ACT RESOLUTION
WHEREAS, local elected officials understand the need and support efforts to
integrate individuals with disabilities into the mainstream of society;
and
WHEREAS, local elected officials support the intent of the Americans with
Disabilities Act (ADA) as a means to providing individuals with
disabilities with increased employment opportunities and access to
services and facilities; and
WHEREAS, cities and towns must be in compliance with the ADA by January 25,
1995; and
WHEREAS, local elected officials remain concerned that ADA compliance
deadlines and implementation costs impose considerable burdens on
cities and towns.
NOW, THEREFORE BE IT RESOLVED that the National League of Cities supports
. the promulgation of regulations and/or the enactment of legislation
which would extend the ADA's compliance deadline for cities and
towns; and
BE IT FURTHER RESOLVED that the National League of Cities supports the
promulgation of regulations an~/or the enactment of legislation which
would reduce implementation costs by providing cities and towns with
greater flexibility to target scarce resources in a manner that would
permit local elected officials to meet the needs and priorities of the
disability community within their city,
44
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RESOLUTION. #6
FEDERAL ENVIRONMENTAL CRIMES SENTENCING GUIDELINES
'WHEREAS, federal sentencing guidelines are established pursuant to the Federal
Sentencing Reform Act of 1994; and
WHEREAS, the United States' Sentencing Commission wisely determined in 1991
that mandatory guidelines should not be promulgated for local
governmental units that are convicted of environmental offenses in
light of the complexities involved in formulating appropriate guidelines;
an~
WHEREAS, the United States' Sentencing Commission has established an
advisory committee which is currently preparing recommendations
which would impose harsh, mandatory sentencing guidelines for
governmental units convicted of environmental offenses; and
WHEREAS, the advisory committee's proposed mandatory guidelines would
permit criminal sanctions to be based upon the amount of harm
caused and remediation costs without regard to traditional standards
of intent and wrongdoing; and
WHEREAS, the advisory committee's proposed mandatory guidelines would limit
the discretion judges are given to impose sentences for environmental
violations; and
WHEREAS, governmental entities, as distinguished from individuals and private
corporations, serve as the representative of the citizens to carry public
policy and are required to provide services which involve high risk
activities; and
WHEREAS, governmental entities, as distinguished from individuals and private
corporations, cannot intentionally engage in unlawful acts or in acts
contrary to the public interest; and
WHEREAS, the imposition of criminal sanctions, as distinguished from civil
remedial damages, on governmental entities does not have the effect
of deterrence, but only creates an economic burden on the taxpayers
which would impair the ability of local government to provide the
range of services required of local governmental entities; and
WHEREAS, the federal government should not impose, criminal sanctions against
local government units for environmental offenses as a matter of
45
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public policy.
2
3
4
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities opposes
the imposition of harsh mandatory environmental sentencing
guidelines for local governmental units; and
5
6
7
8
BE IT FURTHER RESOLVED that the National League of Cities urges the United
States Sentencing Commission to reject any proposed mandatory
sentencing guidelines for local governmental entities convicted of
environmental offenses. '
46
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RESOLUTION . #7
GUIDANCE ON GREAT LAKES INITIATIVE
WHEREAS, the U.S. Environmental Protection Agency promulgated guidance for
implementation of the Great Lakes Initiative (GLI) which raises serious
significant problems; and
WHEREAS, the proposed guidance subjects regulated entities to unnecessarily
stringent uniform (identical) criteria and controls, in many cases
without proper scientific foundation; and
WHEREAS, the proposed guidance imposes severe economic consequences for
the Great Lakes region with little environmental and social benefits;
and
WHEREAS, the proposed guidance focuses only on point sources -- sources which
have already significantly reduced their pollutant loadings to the Great
Lakes -- ignoring both non-point source and other media contributions
to pollution; and
WHEREAS, the GLI proposed guidance imposes unrealistic time constraints for
attaining water quality objectives; and
WHEREAS, EPA's cost estimate analysis is oversimplified, inaccurate, incomplete
and unrealistic; and
WHEREAS, the nation's cities and towns are concerned that the GLI proposed
guidance will initially be extended to municipalities in other coastal
areas and ultimately to all cities.
NOW, THEREFORE, BE IT RESOLVED that NLC calls on EPA to redraft the
proposed Great Lakes Initiative Guidance incorporating sound
scientific principals in its requirements; and
BE IT FURTHER RESOLVED that a revised guidance seek to make cost-effective,
site-specific decisions that achieve water quality objectives to protect
the designated beneficial uses of individual watersheds, consistent
with NLC's policy on watershed management; and
BE IT FURTHER RESOLVED that a revised guidance incorporate realistic cost
estimates and time frames for compliance; and
47
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BE IT FURTHER RESOLVED that NLC calls on the United States Congress to review
and approve any GLI Guidance proposed by EPA to assure a fair,
environmentally comprehensive and cost-effective approach for the
protection of the nation's invaluable Great Lakes resources,
48
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RESOLUTION . #8
SHARED RESPONSIBILITY FOR WASTE REDUCTION, RECYCLING
AND REUSE
WHEREAS, America' $ cities and local governments now bear the enormous financial
burden to recycle huge amounts of waste produced by American
consumers and producers (unfunded mandates); and
WHEREAS, cities must also spend billions of dollars annually to dispose of non.
recycled trash through landfilling and combustion; and
WHEREAS, incentives to reduce waste and recycle a variety of packages may foster
the development of new technologies, create jobs, and result in the
emergence of entire new industries, thus bringing economic benefits to
our communities; and
WHEREAS, many Western industrialized nations have established systems of
manufacturer's responsibility which 1) require companies to take back
and reuse, or recycle, large containers in which products are shipped, 2)
provide shoppers the opportunity to leave excess packaging at stores,
where manufacturers can collect them for recycling, or 3) provide for the
private sector to create a privately-funded consortia to directly recycle
and manage waste, or to reimburse local governments for their cost in
doing so; and
WHEREAS, the Canadian provinces are currently developing, in cooperation with the
Canadian consumer products industry, a system of "shared
responsibility" which would reimburse local governments for the added
cost of recycling, and many Asian countries have begun to explore the
same; and
WHEREAS, dozens of American companies are already participating successfully in
these various manufacturer's responsibility systems implemented in other
countries; and
WHEREAS, the American consumer products industry .- including manufacturers,
distributors, shippers and retailers -- has significantly increased its
cooperation with local governments in the promotion of recycling
programs, source reduction efforts, and consumer education; and has
made significant strides in its own operations to reduce, reuse and
recycle, with more progress expected; and
49
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1
2
3
4
WHEREAS, an American style manufacturer's responsibility system could make local
funds now spent on solid waste management available for higher
priorities such as public safety, crime prevention, education,
homelessness, and employment and training.
1
2
3
4
5
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities calls on the
Administration and the Congress to study the development of a U.S.
manufacturer's responsibility system that would be tailored to the
uniqueness of the U.S. solid waste management system and industry;
and
6
7
8
BE IT FURTHER RESOLVED that the National League of Cities begin discussions with
industry trade associations to explore the joint and cooperative
development of an American manufacturer's responsibility system.
50
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RESOLUTION . #9
CONCERNING THE INITIATION OF ADEQUATE DISPUTE RESOLUTION
MECHANISMS BETWEEN INDIAN TRIBES AND OTHER AFFECTED PARTIES IN
THE FEDERAL WATER POLLUTION CONTROL ACT AND 40 CFR 131
WHEREAS, the Federal Clean Water Act, 36 USC Section 1251 et seq., at Section
518 lel 36 USC Section 1377 le) treats the Indian Tribes as States for
the purpose of meeting the objectives of the Act, reducing pollution in
the waters of the' United States; and
WHEREAS, the above referenced section of the Act directs that the Administrator of
the EPA provide a mechanism for the resolution of any unreasonable
consequences that may arise as a result of differing water standards that
may be set by the States and Indian Tribes located on common bodies
of water; and
WHEREAS, the EPA issued regulations in 40 CFR Part 131 on December 12, 1991
that require that the Regional Administrator shall make reasonable efforts
to ensure that other interested individuals or groups have notice of this
action (131 ,7.dl and further that the parties to a State-Tribes dispute
include the State and the Tribe and may, at the discretion of the Regional
Administrator, include an NPDES permittee, citizen, citizen group or the
affected entity (131.7. 9 (2)); and
WHEREAS, there is no requirement that affected parties be included in the dispute
resolution; and
WHEREAS, municipalities and other NPDES permit holders, in order to meet
standards imposed by Indian Tribes, may be faced with expensive and
complex modifications to their water treatment systems without
evidence of a scientific basis for such standards; and
WHEREAS, the imposition of such standards may have a serious economic impact
on municipalities or permit holders and their taxpayers and rate payers.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities requests the
Congress to enact appropriate legislation to revise the Federal Clean
Water Act so as to cause a revision to the resulting regulations such that
all affected parties must be included in the dispute resolution process;
and
51
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BE IT FURTHER RESOLVED that Indian Tribes be required to show evidence of
scientific basis for all standards imposed by Indian Tribes; and
BE IT FURTHER RESOLVED that the States' Environmental Departments, include the
affected local governments in their deliberations with the Indian Tribes
concerning Water Quality Standards; and
BE IT FURTHER RESOLVED that the National League of Cities support revisions to,the
Federal Water Pollution Control Act and applicable regulations as
indicated above.
52
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RESOLUTION. #10
DOMESTIC VIOLENCE
WHEREAS, spousal abuse and other types of domestic violence occur every 15
seconds in the United States; and
WHEREAS, men, women and children suffer under the current system; and
WHEREAS,
tragically, in many of these cases the victims feel too humiliated and
terrified to seek help through law enforcement and justice systems which
they often see as slow and ineffective; and
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WHEREAS,
the lack of action contributes to the unending circle of domestic
violence, a cycle which can be broken if strong legislation is enacted to
protect the rights of victims and offer stiff and swift repercussions to
abusers; and
WHEREAS,
several municipalities across the nation have recently passed or are in
, the process of passing their own laws and guidelines regarding the
power of law enforcement and judicial officials in battling domestic
violence; and .
WHEREAS,
with every 15 seconds that a piece of pending legislation on domestic
violence sits waiting to be enacted, domestic violence claims another
victim in our country.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges
legislators at all levels to rush domestic violence legislation to the top of
their agenda in order to help put a stop to the vicious cycle of domestic
violence.
53
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22
23
24
25
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RESOLUTION - #11
SUPPORT FOR NON.DISCRIMINA TION ACT
WHEREAS, discrimination based on sexual orientation is a paramount concern for the
National League of Cities; and
WHEREAS, the National League of Cities has had a record of commitment in
protecting the civil rights of all citizens; and
"
WHEREAS, federal civil rights laws do not currently' protect lesbian and gay
Americans from discrimination; and
WHEREAS, the Employment Non-Discrimination Act of 1994 proposed to prohibit job
discrimination on the basis of sexual orientation.
NOW,
THEREFORE, BE IT RESOLVED that the National League of Cities
supports passage of legislation containing the provisions which were
contained in the Employment Non-Discrimination Act of 1994.
54
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RESOLUTION. #12
FORM THE NATIONAL COMMISSION CALLED FOR IN THE 1994 CRIME ACT
AND USE IT TO EVALUATE THE NATION'S DRUG POLICIES
WHEREAS, the drug problem affects the lives of most Americans and costs the
United States hundreds of billions of dollars annually; and
WHEREAS, the current approach to the drug problem continues to result in high
levels of crime and violence in our nation's cities and towns; and
WHEREAS, drug use continues to contribute to the rapid spread of such diseases as
AIDS and tuberculosis; and
WHEREAS, the hundreds of thousands of people arrested for drug-related crimes and
serving time in federal and state prisons overburden our prison and court
systems; and
WHEREAS, experts estimate that, given the current distribution of anti-drug funding,
at least three out of four addicts will go without the drug treatment they
need; and
WHEREAS, a recent study in California concludes that, for every $1 spent on
treatment programs for drug and alcohol abuse, $7 is saved; and
WHEREAS, since 1978, the National League of Cities policy has recommended that,
"A complete reevaluation of alcohol and drug abuse policies should begin
immediately"; and
WHEREAS, no such complete reevaluation has been undertaken to date by the
federal government; an'd
,
WHEREAS, the Violent Crime Control and Law Enforcement Act (the "Crime Act"),
passed by the U.S. Congress on August 21, 1994, calls for the
establishment of a National Commission on Crime Control and
Prevention; and
WHEREAS, one of the activities of this Commission would be "evaluating Federal,
State, and local laws and policies on the prevention of drug abuse,
control of unlawful production, distribution and use of controlled
substances, and the efficacy of sentencing policies with regard to those
laws;" and
.
WHEREAS, similar commissions have been put on the books by previous federal
anticrime legislation but have not been activated and appointed.
55
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NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges that the
National Commission on Crime Control and Prevention be formed by the
President and Congress as specified in the 1994 Crime Act and that this
Commission conduct the kind of complete reevaluation of drug policy
which the NLC has long advocated.
1
2
3
4
5
6
7
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RESOLUTION - #13
NATIONAL SUPPORT FOR
THE EMPOWERMENT ZONE/ENTERPRISE COMMUNITIES PROGRAM
the purpose of the federal empowerment zone/enterprise communities
program is to empower American communities and their residents to
create jobs and opportunities, take effective action to solve difficult and
pressing economic, human, community and physical development
challenges of today, and to build for tomorrow as part of a Federal-State-
Local and private sector partnership; and
businesses are encouraged to invest in distressed areas, thereby creating
jobs, and comprehensive local strategic plans are to be adopted and
implemented, furthering community development and assisting in the
revitalization of these areas; and
in 24 CFR Part 597.102, the boundary of an urban area nominated for
designation as an empowerment zone or enterprise community must
coincide with the boundaries of census tracts, or where tracts are not
defined, with block numbering areas; and
the businesses in the empowerment zone are required to have a
minimum of 35% of its employees reside in the empowerment zone
itself; and
o
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the amount of the empowerment zone employment credit as determined
under section 1396 (c)(2l of the Internal Revenue Code limits qualified
zone wages for a calendar year as not exceeding $15,000; and
employment tax credits are available only to employers who are located
within empowerment zones, excluding enterprise community employers;
and
employment tax credit is granted to an employer if the employee's
principle residence is within the empowerment zone and the services
such employee renders are performed substantially within the
empowerment zone,
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities calls upon the
federal government to:
1.
2,
.
commit to a true Federal-State-Local and private sector partnership by
redefining its role in the empowerment zone by making itself directly
accountable and accessible to stakeholders;
base the selection of boundaries of an urban area nominated for
designation as an empowerment zone or enterprise community on the
57
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community's boundaries, as boundaries of census tracts can lend
themselves to divisiveness and illogical exclusion of one side of a street,
and it may create ineligibility of certain areas thereby being
counterproductive;
3. raise the minimum percentage of employees needed to reside in the
empowerment zone, as the existing. percentage does not secure a
commitmen~ for a significant number of workers from the zone to be
employed in any particular business;
4. increase the qualified zone wage amount of $15,000 in section 1396
(c)(21 of the Internal Revenue Code to provide an incentive for employers
to compensate zone residents at higher wages, instead of lower wages
with the existing limits;
5.
include employers outside the empowerment zone employing a
significant number of employees who reside in the empowerment zone,
to be eligible to receive employment tax credits; and
6.
grant employment tax credits to an employer if the employee's principal
residence is within the empowerment zone, even if the services that the
employee renders are not performed' substantially within the
empowerment zone, thus encouraging a greater variety of business into
the empowerment zone.
58
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RESOLUTION'. #14
LAW ENFORCEMENT PERSONNEL AND HOUSING RESOLUTION
Police Departments nationwide are focusing on community policing, and
it has become apparent that public safety personnel who are part of the
community they serve on a full-time basis can build a closer bond with
the community; and'
in times of regional emergencies or local disasters, it is especially
important to have safety personnel live within the immediate area so that
, they can respond quickly; and
one of the reasons often given by safety personnel for living outside of
municipal limits is the great disparity between the salaries they are paid
and the salaries needed to afford a home within the municipal limits; and
municipalities have an interest in promoting greater community
understanding, economic development and increased public safety by
providing incentives for public safety personnel to live within their
municipal limits.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges the
Department of Housing and Urban Development to develop policies and
guidelines that would' allow municipalities to use HUD allocations to
encourage public safety personnel to live within the municipal limits of
the municipalities that employ them.
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RESOLUTION - #15
TO INCREASE LENDING TO LOW- AND MODERATE-INCOME
MINORITY COMMUNITIES
the National League of Cities (NLC) is an organization comprised of
elected and public officials duly chartered and organized for the purpose
of advancing the interests of local government and increasing public
awareness of issues which affect the daily lives of citizens; and
NLC strongly supports the efforts of the Comptroller of the Currency to
increase lending and banking services to low- and moderate-income
minority communities by reform of the Community Reinvestment Act as
published in the Federal Reaister on October 7, 1994, in the Department
of the Treasury's proposed final rule, which would:
strike a balance between reducing regulatory burdens on lending
institutions and generating reinvestment in low- and moderate-income
minority communities;
base the performance of banking and lending institutions on local
community market needs and would evaluate their actual performance
using measurable data;
require that banks provide a range of services in communities where they
take deposits;
base regulators' evaluation of lenders' reinvestment performance on
actual performance not just on lenders' efforts to serve a particular
community;
provide additional government scrutiny by requiring banks to collect data
based on the race and sex of borrowers;
clarify unclear provisions in the earlier proposed rule; and
give bank examiners more leeway in determining whether lending goals
are being met.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities supports the
adoption of the October 7, 1994, proposed final rule to reform the
Community Reinvestment Act.
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RESOLUTION . #16
PROTESTING HUD'S REDUCTION IN THE FAIR MARKET RENTS STANDARD
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
cities have administered, since 1976, a HUD Section 8 Rental Assistance
Program, for low-income families in need of housing subsidies, for which
, .
, a reasonable economic return is necessary in order to retain the
participation of area rental property owners in the program; and
the cities have administered, since 1984, various rental rehabilitation
loan assistance programs, totaling hundreds of units, for the benefit of
low-income families, and for which a reasonable economic return is
necessary in order to induce local property owners to participate; and
the administration of the Section 8 Program is dependent upon revenues
raised by administrative fees through the leasing of the 900 program
units; and
HUD has proposed to reduce the Fair Market Rents Standard, which will
result in fewer owners wishing to participate in the Section 8 assistance
programs, fewer owners wishing to invest in improvement of their rental
units, a reduction in the number of assisted units consequently available
to low-income families, economic hardship to low-income households
unable to obtain housing subsidies and inadequate funding for continued
city administration of the Section 8 assistance programs.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities opposes the
proposed reduction in the Fair Market Rents Standard and should request
that the U.S. Department of Housing and Urban Development reconsider
its proposal and instead set a fair market rents standard which is
reflective of actual housing market conditions and which allows for
continued operation of the Section 8 rehabilitation assistance program.
61
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RESOLUTION - #17
"BEYOND MCKINNEY"
WHEREAS, by conservative estimates approximately 2 million Americans experience
homelessness at some point in the course of a year; and
WHEREAS, based on federal government data, experts estimate that approximately
11 million Americans are now at significant risk of homelessness; and
WHEREAS, according to Census Bureau figures, over 35 million Americans were
below the poverty level in 1992; and
WHEREAS, about 40 percent of poor households spend more than 70 percent of
their income on housing; and
WHEREAS, the primary federal response to homelessness, the Stewart B. McKinney
Homeless Assistance Act of 1987, now funds or helps to fund
thousands of emergency assistance programs around the country; and
WHEREAS, the McKinney Act primarily provides emergency relief, addressing the
immediate survival needs of homeless persons, but it does not provide
long-term solutions of homelessness; and
WHEREAS, unless comprehensive long-term relief is quickly provided, the homeless
population will continue to grow, homeless children will become
homeless adults, and anew, extreme form of American poverty will
become entrenched at great human, social, and economic cost to the
nation; and
WHEREAS, the federal government has a clear and urgent responsibility to provide
permanent solutions to homelessness by addressing its fundamental
causes.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities endorse the
principles of the "Beyond McKinney" policies to end homelessness.
62
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RESOLUTION - #18
CONDITIONS FOR LAND DEVELOPMENT
WHEREAS, in light of the recent U.S. Supreme Court decision in Do/an v. Citv of
,TiQard, cities must now prove the necessity for conditions placed on
'property development; and
WHEREAS, many communities are searching for new ways to finance capital
expenditures or improvements required by their citizens; and
WHEREAS, paying for public facilities has become a major challenge for local
officials, particularly in communities that are fast growing and in need of
new facilities to serve the additional growth.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities should
support the adoption of legislation that clarifies the rights of
municipalities to establish reasonable and rational relationships to justify
conditions imposed upon proposed developments to ensure that
communities will be able to provide adequate facilities and services to
meet the demands of the new development.
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RESOLUTION - #19
FEDERAL REGULATIONS AND/OR GUIDELINES FOR HOUSING
ACCOMMODATIONS FOR PERSONS RECOVERING FROM
ALCOHOL AND DRUG ABUSE
1 WHEREAS, the Fair Housing Act (the" Act"), as amended in 1988, prohibits,
2 among other things, discrimination in housing based on handicap
3 which, as defined, includes persons recovering from alcohol and drug
4 abuse; and
5 WHEREAS, the Act also defines "discrimination" as including "a refusal to make
6 reasonable accommodations in rules, policies, practices, or services,
7 when such accommodations may be necessary to afford [the
8 handicapped] equal opportunity to use and enjoy a dwelling." [See 42
9 use 3604(f)(8)(B)]; and
10 WHEREAS, a recent federal appeals court decision agreed with the Village of
11 Palatine, Illinois, (the "Village") that Oxford House, a group home for
12 recovering alcoholics, must observe local zoning ordinances; and
13 WHEREAS, the appeals court's decision reasoned that since Oxford House never
14 applied for a "special uses" permit required by the Village's zoning
1 5 laws, Oxford House could not support its claim that the Village failed
16 to provide for "reasonable accommodations" in the specific
17 circumstances of Oxford House; and
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WHEREAS, the U.S. Department of Housing and Urban Development has initiated
investigations of municipalities which have questioned the refusal of
group homes to comply with municipal ordinances and the U.S.
Department of Justice has initiated lawsuits against certain of those
municipalities; and
WHEREAS, the Fair Housing Act expressly authorizes "any reasonable local, state
or federal restrictions regarding the maximum number of occupants
permitted to occupy a dwelling." (See Title 42 United States Code,
Section 3607 (b)( 1)); and
WHEREAS, the Supreme Court has established that zoning ordinances limiting the
number of unrelated persons who may reside together are
constitutionally permissible; and
WHEREAS, the Court found no evidence that the Village applied its zoning
ordinances in an un-even manner, or that the required procedures ..
including a public hearing -- posed an undue burden on Oxford House.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges the
federal government to adopt the following practices:
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1. If persons, or parties knowingly fail to comply with local zoning ordinances
or provisions, or fail to demonstrate that they have attempted to modify
such ordinances through appropriate legal processes.. including a public
hearing 00 then the U.S. Department of Housing and Urban Development
(HUD) must refrain from initiating a housing discrimination investigation on
grounds that the municipality objected to, or refused to allow "reasonable
accommodations" for persons recovering from drug or alcohol abuse; and
2. If persons, or parties knowingly fail to comply with local zoning ordinances,
or provisions, or fail to demonstrate that they have attempted to modify
such ordinances through appropriate legal processes 00 including a public
hearing -- then the U.S. Department of Justice (DOJ) must refrain from suing
any municipality for housing discrimination on grounds that the municipality
objected to, or refused to allow "reasonable accommodation" for persons
recovering from drug or alcohol abuse; and
The U.S. Departments of Health and Human Services, HUD, and Justice,
with participation from municipalities, will develop appropriate regulations,
guidelines, or both, to implement the policies identified above.
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RESOLUTION - #20
SUPPORT FOR NASA
1
2
3
WHEREAS, the 1994-95 National Aeronautics and Space Administration's (NASAl
budget is $14.3 billion, and includes a reduction for the first time in
almost 20 years; and
4
5
6
WHEREAS, less than 1 percent of the total federal budget and less than .25
percent of the Gross National Product was spent for the National civil
space program; and
7
8
9
WHEREAS, NASA's partnership with industry in aeronautics has given this
country a position of leadership and a positive balance of trade in the
highly competitive civil transport market and aviation research; and
WHEREAS, the United States can have a viable space program within a realistic
budget that will not hinder other government programs; and
WHEREAS, NASA is an important economic center in our communities, with more
than 240,000 jobs directly related to NASA programs and an
additional 400,000 supporting jobs nationwide; and
WHEREAS, more than 81 percent of NASA's funding goes to private industry
contractors compared to 11 percent government-wide, with
procurements to small business and minority firms exceeding $950
million in 1991; and
WHEREAS, this investment provides high technology jobs, educational
opportunities, new business development, environmental monitoring,
vital life science breakthroughs, advanced scientific research and
applied technology that enhances competitiveness and quality of life
as well as expands our knowledge about ourselves and our universe;
and
WHEREAS, technology gained through the space program benefits the
environment, health, medicine, computer technology,
consumer/home/recreation activities, public safety, transportation, and
many other of our daily activities; and
WHEREAS, health care is enhanced by the development of space-related
technology such as non-invasive medical devices and new laser
surgical techniques that offer less invasive methods and faster
recovery times, and by satellite and long-distance monitoring
equipment to allow people to remain in their homes, lowering the cost
of nursing care; and
WHEREAS, space-related technology has contributed to improved fireproofing
66
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materials, home and personal alarm systems, and other important
public safety devices; and
WHEREAS, transportation benefi~s have ranged from fuel efficiencies, better brake
systems, aircraft design, and highway profiling; and
WHEREAS, , NASA not only contributes over $800 million annually in grants and
contracts to educational and nonprofit institutions, but also inspires
young people to study math, science, and engineering.
.1':
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC)
supports continued funding of the NASA, which keeps alive this
country's leadership in aerospace, aeronautics, life sciences, and
supercomputing programs.
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RESOLUTION - #21
CONCEPT PAPER OUTLINING
ACCEPTABLE FEDERAL POLICY GUIDELINES FOR
FAIR HOUSING PROGRAMS
WHEREAS,
municipal officials are frustrated by the dearth of clear federal
guidance to municipalities on fair housing policy, particularly
concerning zoning and land use ordinances; and
WHEREAS,
in June 1994, the CEO Steering Committee directed NLC to contact
U.S. Housing and Urban Development (HUD) Secretary Cisneros and
offer to work with the department to develop clear guidelines that are
generally acceptable to municipalities; and
WHEREAS,
to date there has been no response from the department to NLC's
original letter, prompting CEO Chair Eddie Blankenship to send a
follow-up letter to the secretary in November 1994.
NOW, THEREFORE, BE IT RESOLVED that the CEO Policy Committee directs NLC
staff to draft a concept paper, in consultation with interested
committee members, that outlines fair housing policy guidelines that
are clear and generally acceptable to municipalities; and
BE IT FURTHER RESOLVED that a draft concept paper will be completed by March
1995 and, after approval by the CEO Steering Committee, delivered to
Secretary Cisneros, Attorney General Janet Reno, and White House
Domestic Policy Advisor Carol Rasco.
68
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Resolution . #22
AIRCRAFT NOISE AND COMPATIBLE LAND USE
for many years cities and airports in the United States have
confronted but largely failed to solve the problem of achieving
compatible land use in the areas impacted by aircraft noise around
airports; and
although the national phase-out of noisy Stage 2 aircraft mandated by
the Airport Noise and Capacity Act of 1990 provides for a gradual
reduction of noise impact in the cities around U.S. airports, the land
use compatibility issue has remained intractable; and
the efforts of the Federal Aviation Administration (FAA) to improve
the extent and effectiveness of compatible land use planning and
control have essentially focused on the public airport operator, with
whom the FAA usually has a contractual relationship under grant
agreements covering airport improvement projects and/or noise
compatibility planning programs; and
although these instruments provide requirements and, in some cases,
the funding to pursue compatible land use planning and control, they
have proven minimally effective because the airport operator is not
usually the public entity responsible for land use planning and control
and is often unable or unwilling to influence the responsible
jurisdiction; and
a Compatible Land Use Study Group, established by the FAA Research
Engineering and Development Advisory Committee in July 1993 has
been charged with the task of recommending "effective policies and
programs to achieve compatible land use controls within noise-
impacted areas around our airports"; and
this group, which includes representatives of local government and
land use professionals as well as the aviation industry, has completed
the first phase of its effort, an evaluation of existing programs, and
expects to offer final recommendations later this year; and
the group has, however, at this point agreed that one way of
improving compatible land use around airports involves providing
inducements to non-airport zoning jurisdictions to engage in
compatibility planning as well as implementation programs in
cooperation with airport operators; and .
69
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WHEREAS, the Department of Transportation/FAA included specific provisions in
its legislative proposal for reauthorization of the Airport Improvement
Program (AlP), based in part on input from the Study Group, that
would make it possible to offer AlP grants to non-airport sponsors to
plan and execute compatible land use programs.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities
commends the efforts of the Study Group, and strongly supports the
concept of AlP grants to non-airport sponsors for compatible land use
planning and programs.
70
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~esolution . .#23
ACCESS CODES FOR "900" NUMBER SERVICES
WHEREAS, many commercial users of telephone communication systems provide
a "900" telephone number in order to provide their customers with
information; and
WHEREAS, such commercial users charge by the minute for use of their services;
and
WHEREAS, many commercials for these services are designed to appeal to an
impressionable clientele; and
WHEREAS, many communications systems customers find thatthey, or a member
of their family, have unknowingly or unwillingly accumulated large
telephone charges as a result of accessing such "900" numbers.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges the
Federal Communications Commission (FCC) to require all telephone
communications systems incorporate into their systems an access
code requirement before telephone customers can access a "900"
number; and
@
BE IT FURTHER RESOLVED that the FCC mandate a "900" number access code
requirement be incorporated into all telephone communication systems
no later than December 31, 1995; and .
BE IT FURTHER RESOLVED that the FCC mandate penalties for all telephone
communications systems that do not comply with this requirement by
the deadline date.
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Resolution - #24
EQUITABLE FUNDING DISTRIBUTION FOR ISTEA DOLLARS
WHEREAS, the Congress crafted landmark legislation, the Intermodal Surface
Transportation Efficiency Act of 1991 (lSTEAl, to rehabilitate the
Nation's transportation infrastructure; and
WHEREAS, ISTEA legislation increased the overall authorization levels for
highway, bridge and transit programs to a record $151.5 billion --
more than a 50 percent increase over previous transportation
measures; and
WHEREAS, the intent of Congress was to bring urban areas and their
Departments of Transportation (DOT) to the negotiating table as a full
partner w(th legitimate concerns along with state and federal DOTs;
and
WHEREAS, during the past two years local government DOTs and/or MPOs have
been consistently shortchanged by their respective States who control
precious federal transportation allocations; and
WHEREAS, local government DOTs and/or MPOs have received a mere fraction of
the federal dollars from the Bridge Replacement and Rehabilitation
Program and the Congestion Mitigation and Air Quality Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities
strongly urges U.S. Department of Transportation Secretary Federico
Pena to use the influence of his office and direct State DOTs to
specifically channel more FY -95 federal transportation dollars --
particularly Bridge Replacement and Rehabilitation Program and
Congestion Mitigation and Air Quality Improvement funds -- to priority
local government DOT projects; and
BE IT FURTHER RESOLVED that the National League of Cities urges Secretary Pena
to request legislative language in the FY-95 DOT Appropriations
measure stating that "Congress and the Secretary expect DOTs to
allocate a significant percentage of their federal transportation dollars
to local governments for use on their priority projects"; and
BE IT FURTHER RESOLVED that the National League of Cities supports clarifying
legislative language in any revised version of ISTEA which would
provide for a permanent, direct percentage of federal transportation
funds to local government DOTs for priority work in urban areas.
72
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T oday's manufac-
tured housing industry is
deeply rooted in a history
of answering the American
public's call for affordable
housing, In the 1920's
"trailer coaches" were buitt
to serve the American trav-
eler who wanted the ability
when vacationing of hav-
ing a ready made place to
sleep when arriving at a
camp site,
When World War
II ended, Oll veterans came
back home to find afford-
able housing in short supply, Our industry once again
answered the call by building trailer homes that were large
enough to house a veteran and his family and yet mobile
enough to move the trailer to a new job site,
In the 1960's the American consumer wanted even
more out of our industry, The demand was for bigger trailers
with more amenities and new appliances that were coming
nn tho m~rliot J:'rnm tho rlom!]nn \AI!lC nnrn tho mnhllo hnml"l
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In June 1976 the United
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StandardAcl. From that point
the industry that created the
trailer coach, trailer and mo-
bile home would evolve into
the manufactured housing
industry oftoday, (The United
States Congress even
adopted the manufactured
housing name to clearly illus-
trate that there was no com.
parison in the "trailer" of the 1920's to today's modern
manufactured home,)
Manufactured homes are spacious, well,designed
homes that can have any amenity a prospective homeowner
Is looking for and yet remain at an affordable price, With the
manufactured housing industry meeting a national cori-
struction standard that is Inspected closely, today's manu-
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:CALL US "TRAILERS"
T oday's manufac,
tured housing industry is
deeply rooted in a history
of answering the American
public's call for affordable
housing, In the 1920's
"trailer coaches" were bui~
to serve the American trav,
eler who wanted the ability
when vacationing of hav,
ing a ready made place to
sleep when arriving at a
camp site,
When World War
II ended, Oll veterans came
back home to find afford-
able housing in short supply, Our industry once again
answered the call by building trailer homes that were large
enough to house a veteran and his family and yet mobile
enough to move the trailer to a new job site,
In the 1960's the American consumer wanted even
more out of our Industry, The demand was for blggertrallers
with more amenities and new appliances that were coming
onthe market. Fromthedemandwas born the mobile home,
Mobile homes were bigger in size, nicer In appear-
ance and met the amenity needs that the prospective young
American homeowner was looking for, The Industry cantin-
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ued to build mobile homes
through the 60's and early
1970's.
In June 1976 the United
States Congress passed the
National Manufactured Hous-
ing Construction and Safety
Standard Act. Fromthat point
the Industry that created the
trailer coach, trailer and mo-
bile home would evolve Into
the manufactured housing
Industry of today, (The United
States Congress even
adopted the manufactured
housing name to clearly illus-
trate that there was no com-
parison In the "trailer" of the 1920's to today's modern
manufactured home.)
Manufactured homes are spacious, well.designed
homes that can have any amenity a prospective homeowner
is looking for and yet remain at an affordable price, With the
manufactured housing Industry meeting a national con-
struction standard that Is Inspected closely, today's manu-
factured homes are well.constructed, safe and, once again,
answers the need for an affordable home,
So, please don~call a manufactured homea 'traile".
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Examples of Today.s Manufactured Homes
Construction:
Federal, uniform construction standards.
Federal, uniform third.party Inspection system,
Fire safety at par or exceeding slte.constructed housing.
Electrical systems meet same code requirements as site-
constructed housing,
Building materials the same as site-constructed housing,
Amenities:
Average size: 1,255 sq,ft.
Wide range of Interior and exterior options.
Wide variety of architectural styles,
Full range of appliance and electronic specialties,
Flnancln!!:
Typical personal property terms at 15.25 years; 90
percenlloan to value.
Real estate terms comparable to slngle.famlly,
site-constructed housing,
FHA, VA, FmHA programs available,
Fannie Mae and Freddie Mac guidelines Include
homes titled as real estate,
Cost:
Average Cost of a slngle.sectlon manufactured home is
$18,000.
Average cost of a multi-section manufactured home Is
$32,000.
FOR MORE INFORMATION CONTACT:
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Examples of Today's Manufactured Homes
Construction:
Federal, uniform construction standards,
Federal, uniform third-party inspection system,
Fire safety at par or exceeding site-constructed housing,
Electrical systems meet same code requirements as site-
constructed housing,
Building materials the same as site-constructed housing.
Amenities:
Average size: 1,255 sq,ft,
Wide range of interior and exterior options,
Wide variety of architectural styles,
Full range of appliance and electronic specialties,
FlnanclnQ:
Typical personal property terms at 15-25 years; 90
percent loan to value,
Real estate terms comparable to single-family,
site-constructed housing,
FHA, VA, FmHA programs available.
Fannie Mae and Freddie Mac guidelines include
homes titled as real estate,
Cost:
Average Cost of a single-section manufactured home is
$18,000,
Average cost of a multi,section manufactured home is
$32,000,
FOR MORE INFORMATION CONTACT:
Manufactured Housing Association of Iowa
1400 Dean Avenue
Des Moines, IA 50316
515/265.1497
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BUREAU OF THE CENSUS
STATISTICAL BRIEF
May 1994
State and Regional Rankings by Mobile Homes: 1990 and 1980
Mobile Homes: 1990 Mobile Homes: 1980
Percent Percent 198(}-90
olsll olsll Percent
Number Rsnk units Renk Number Rank unlls Rank Changa
United States 7,324,154 7,2% 4,663,457 5,3% 57,1%
Alabema 217,784 10 13,0% 11 124,158 11 8,5% 14 75,4%
Alaska 20,261 47 8,7% 25 16,939 45 10.4% 10 19,6%
Arizona 250,234 7 15,1% 4 148,132 8 13,3% 2 68,9%
Arkansas 129,849 23 13,0% 11 76,132 23 8,5% 14 70,6%
Cellfomla 556,411 2 5,0% 39 393,240 2 4,2% 37 41.5%
Colorado 87,785 29 5,9% 34 69,661 26 5,8% 28 26,0%
Connactlcut 11,722 48 0,9% 49 9,192 48 0,8% 47 27,5%
Delaware 34,726 39 12,0% 15 20,907 44 8,6% 13 66.1%
District of Columbia 79 51 0,0% 51 375 50 0,1% 50 -78.9%
Florida 762,227 1 12,5% 13 457,698 1 10,5% 8 66,5%
Georgia 297,741 5 11.3% 16 158,492 7 7,8% 20 87,9%
HawaII 313 50 0,1% 50 184 51 0,1% 50 70,1%
Idaho 56,625 33 13,7% 8 43,409 33 11.6% 6 30.4%
illinois 149,244 20 3,3% 43 116,005 13 2,7% 43 28,7%
Indiana 154,355 19 6,9% 29 112,172 15 5.4% 29 37,6%
Iowa 56,828 32 5,0% 39 46,521 31 4,1% 38 22,2%
Kansas 70,593 30 6,8% 31 51,480 30 5.4% 29 37,1%
Kentucky 182,110 16 12,1% 14 112,757 14 8,2% 19 61,5%
Louisiana 193,813 12 11,3% 16 110,546 17 7,1% 22 75,3%
Malna 53,153 35 9.1% 22 37,111 35 7.4% 21 43,2%
Maryland 41,820 36 2.2% 45 30,399 37 1,9% 45 37.6%
Massachusalls 24,116 45 1,0% 48 15,497 46 0,7% 48 55,6%
Michigan 246,243 6 6.4% 32 167,749 6 4,7% 35 46,6%
Minnesota 90,546 28 4,9% 40 66,265 28 4,1% 39 36,6%
Mississippi 132,655 22 13,1% 10 75,656 24 8,3% 18 75,3%
Missouri 162,007 17 7,4% 28 105,206 19 5,3% 32 54,0%
Montana 54,046 34 15,0% 5 42,665 34 13,0% 3 26,7%
Nebraska 36,762 37 5,6% 36 29,519 39 4,7% 35 24,5%
Nevada 70,551 31 13.6% 9 43,601 32 12,8% 4 61,8%
New Hampshire 34,618 40 6.9% 29 22,906 43 5,9% 26 51,1%
New Jersey 33,656 42 1,1% 46 23,766 40 0,9% 46 41.6%
New Mexico 102,947 26 16,3% 3 63,420 29 12,5% 5 62,3%
New York 192,733 13 2.7% 44 135,300 10 2,0% 44 42,4%
North Caroline 421,484 4 15,0% 5 233,345 4 10,3% 11 80,6%
North Dakota 27,415 44 9,9% 20 23,071 42 8,9% 12 18,8%
Ohio 203,842 11 4,7% 42 146,412 9 3,6% 42 39,2%
Oklahoma 127,544 24 9,1% 22 73,345 25 5,9% 26 73,9%
Oregon 133,721 21 11.2% 18 91,366 21 8,4% 16 46.4%
Pennsylvania 251,884 6 5.1% 37 176,422 5 3,8% 40 42,8%
Rhode Islend 4,726 49 1.1% 46 2,694 49 0,7% 48 75.4%
South Carolina 235,863 9 16,6% 1 123,383 12 10,7% 7 91,2%
South Dakota 31,346 43 10,7% 19 23,240 41 8,4% 16 34,9%
Tennessee 183,998 15 9,1% 22 110,061 18 6,3% 25 67,2%
Texes 542,656 3 7,7% 27 300,679 3 5.4% 29 80,5%
Utah 35,245 38 5,9% 34 24,924 39 5.1% 33 41.4%
Vennont 22,546 46 8,3% 26 15,231 47 6,8% 23 48,0%
Virginia 155,429 18 6,2% 33 99,441 20 4,9% 34 56,3%
WaShington 187,508 14 9,2% 21 110,833 18 6,6% 24 69,2%
West Virginia 116,003 25 14,8% 7 78,812 22 10.5% 8 47,6%
Wisconsin 100,705 27 4,9% 40 69,243 27 3.7% 41 45.4%
Wyoming 33,726 41 16,6% 1 34,115 38 16,1% 1 -1.1%
Regions
Northeast 629,134 4 3,0% 4 436,119 4 2,3% 4 43,6%
Midwest 1,329,686 3 5.4% 3 958,683 3 4,2% 3 39,0%
South 3,n5,761 1 10,5% 1 2,185,96A 1 7,4% 1 72,7%
West 1,589,373 2 7,8% 2 1,082,489 2 6,3% 2 46,0%
In 1990, 3 States - Arizona, North Corollns,snd South Csrollna - mado the top 10 In both numbar and percant of all
un Ita. On tha other end ofthe spectrum, 6 othera-Connecllcut, the Dletrlct 01 Columbls, Hswall, Msssachusells, Naw
Jersey, end Rhode Islend - were renked In the bollom ten In both cetegorles,
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BUREAU OF THE CENSUS
Mobile Homes
Mobile homes
seem to be
sprouting up ev-
erywhere/ The
United States had
7.3 million in
1990,2.7 mlilion
more than in 1980.
These homes rep-
resented 7 per-
cent of all housing
units in 1990, up
from 5 percent a
decade earlier.
Where the Mobile Homes Are
Number of mobile homes, by Slate: 1990
Northeaal
This Brief uses
data collected in .0 (\
the Census of HI~
Population and {)
Housing to ex- iiii 200,000 or more
amine the charac-
teristics of mobile ~ 100,000 to 199,999 South
homes and their .. 50,000 to 99,999
occupants in 1990 o Below50,000
and how these
characteristics homes. Florida had more mobile Mobile homes were much
.' had changed since 1980. Where homes than any other State - less common In the Northeast
," these homes were located, their 762,227, or 1 0 percent of the na- than elsewhere. There were
\
\ affordabilily, size, and age are lional total, Five other southern only 629, 1341n the entire
among the topics covered, as States - Texas, North Carolina, region, fewer than there were
r." are the age and income levels of Georgia, South Carolina, and AI, In Florida alone, Pennsylvania,
their occupants. abama - also had more than with 40 percent of the region's
200,000 each and ranked in the mobile homes, was the North-
The majority 01 mobile homea top ten nationally, east's lone member of the
are located In the South. numerical top ten,
In 1990, the South contained 52 The West stood a distant Mobile homes comprise a
percent of the Nation's mobile second among the regions, relatively large share 01 tho
with 22 percent of America's
mobile homes. California and housing stock In many
Arizona - both among the southern and western States.
(";t\ top 1 0 States numerlcally- In 19 States, at least one home
,,) contained more than half the In every ten was a mobile home;
mobile homes there, 18 of these States were located
I1.4tllrJ In either the South or West. Wy-
~ SB/94.10 Another 18 percent of the omlng, South Carolina, and New
.. Issuod May 1994 country's mobile homes were Mexico had the Nalion's highest
U,S, Department of Commerce found In the Midwest. Michigan rates - Just OVer 16 percent of
~ Economics and Statistics Admlnlstrallon was the only State there In their housing units were mobile
BUREAU OF THE CENSUS the top 10, homes, Notably, Wyoming's
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BUREAU OF THE CENSUS
STATISTICAL BRIEF
May 1994
were $457 for
mortgaged mo-
bile home own-
ers and $189
Northeast for those with-
out a mortgage.
Owners of
specified units
paid more-
$736 and $209,
respectively.
The difference
in owner's
median home
values was
even more
dramatlc-
$18,300 for
mobile homes,
$77,900 for I
specified units.
In 19 States, at Least One Home In
Ten Is a Mobile Home
Percent of all housing units that are mobile
homes, by State: 1990
.0
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11II10% or more
.5%109,9%
D Below 5%
South
Mobile homes
have younger
householders.
standing comes despite the fact Carolina (81 percent), and Texas Mobile home householders were
its count of mobile homes re- (81 percent) - were located more likely than all household- 0
mained basically unchanged be- there, (These growth rates ex- ers to be under 35 years of age
tween 1980 and 1990. elude the 3 States wtth fewer
than 10,000 mobile homes.) (33 percent compared with 27
percent). Why? Younger house-
Most of these 19 States had holders usually have lower In-
something else in common Mobile homes have a very comes and, as mentioned earll-
too - all but Delaware and Ne- high homeownershlp rate. er, mobile homes are generally
vada had a 1989 median house, Slightly more than 80 percent more affordable than other
hold Income below the national types of housing,
median, More on income later, of mobile home householders
owned their home In 1990; only
64 percent of all householders It appears many very young
Mobile homes are the fastest- were owners, Most of these mo- homeowners (I.e" those under
growing type of housing. bile home owners owned their age 25) use mobile homes as
As mentioned earlier, the home free and clear (53 per- starter homes - nearly one-
cent), The same was true for third of owners this age, but
number of mobile homes only 35 percent of owners of just 8 percent of owners in
climbed an astounding 57 per- specified units (single-family all age groups -lived In
cent during the 1980's; In con- homes on a property of less mobile homes.
trast, one-family houses and than 10 acres that do not have a
units In multiunit structures saw business or commercial estab- Mobile home households have
their numbers grow just 13 per-
cent and 11 percent, respective- IIshment on their property), lower-than-average Incomes.
Iy, over the same period. Mobile homes are more Mobile home households had a
affordable than one. 1989 median income of $19,925;
Regionally, the South experi- family houses. the corresponding figure for all
enced the greatest growth in households was $29,642, But
the number of mobile homes Selected monthly owner costs due to their lower home values
(73 percent), It's not surprising, Include mortgage payments, and owner costs, mobile home
then, that the four States with real estate taxes, property Insur- owners paid about the same
the most explosive growth - ance, utilities and fuels, and mo- median percentage of their In-
South Carolina (91 percent), bile home site rent and license come for housing as owners of
Georgia (88 percent), North fees. These median costs specified units (18 percent).
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BUREAU OF THE CENSUS
Incidentally, mobile home
residents saw their income slip
further below average during
the 1980's (see graph below),
While median income (1989
dollars) rose 6 percent for all
households, it fell slightly for
mobile home households
during the period,
STATlsnCAL BRIEF
Mobile homes contain fewer
rooms and fewer people.
Mobile homes had a median
014.3 rooms in 1990; the me-
dian for all unns was 5.2, Not
only were mobile homes smaller,
they contained fewer people,
The average mobile home
household had 2.46 people,
More Than 3 In Every 4 Mobile Homes
Had Been Built Since 1970
Percent of all units, by year built
18%
15%
D All housing unlls
. Mobile homes
"ClIO ~
1939 or 1940to 195010 196010 197010 198010
earlier 1949 1959 1969 1979 Merch 1990
Note: Figures do not add 10100 due 10 rounding,
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Income of Mobile Home Residents
Slips Further Below Average
Median household Income: 1979 and 1989
(Constanl1989 dollars)
D All households
.. Mobile home
households
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$28,065
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1979
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$29,642
f"
May 1994
lower than the average of 2,63
in all households. The respective
1980 figures were higher-
2,64 and 2,75,
Mobile homes are often used
as recreational housing.
About 600,000 mobile homes (8
percent) were reported as being
vacant for seasonal, recreation-
al, or occasional use, Mobile
homes comprised nearly 20 per.
cent of vacant units of this type,
Mobile homes are newer.
As the graph to the left shows,
mobile homes were nearly twice
as likely as all housing units to
have been built since 1980
(37 percent compared with
21 percent), And more than
3 in every 4 mobile homes had
been built since 1970; the
corresponding figure for all units
was 42 percent.
More Information:
Detailed data on mobile
homes and their occupants
(by State and metropolitan area)
are available from Subject
Summary Tape File 10 (Mobile
Homes), SSTF 10 now comes on
computer tape, It will soon be
available on CD.ROM. Call Cus-
tomer Services (301-763-4100)
for more information on 1990
census products,
~o
I
Contacts:
Mobile Homes-
Robert Bonnette
301.763-8553
Statistical Briefs -
$19,925 Robert Bernstein
301.763.1584
1989
-- --.---
This Brief Is one of a series
that presents Information of
current Interest. It examines
data from the 1990 Census
and previous censuses. A com.
plete description of statistical
quality and limitations Is
Included In the SSTF 10
technical documentation,
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d~~~
Johnson County
Department of Public Health
Tom Muller, Chairperson
Johnson county Senior Center commission
28 S. Linn st.
Iowa city, IA. 52240
Board of Health
Cam Campbell, M,O.
Bob Crane
Karen J, Rohret
Anita Sehr
Lorraine Slamus, R.Ph" I.H,
L. GRAHAM DAMERON, MPH
olREcroa
December 16, 1994
Dear Mr. Muller and Members of the Commission:
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At the regular Board of'Health meeting on December 14, 1994, a
report was given by the Chairperson regarding the discussion that
occurred at the Adult Day Location Task Force meeting earlier that
afternoon. The Board of Health strongly believes that additional
space at the Senior Center is needed for the Adult Day Program (ADP)
to be cost effective. The Board recognizes the Commission must
consider other demands for space as well.
The Board requests that the Commission consider a compromise from
the original request of 1500 sq. ft. We propose switching the "Pool
Room" with the ADP space. This would allow for significant growth of
the ADP without eliminating an existing program. The Board would
appreciate a response to this proposal or an alternative plan with the
ADP remaining at the Center, but with additional space. Thank you for
your consideration.
I
Sincerely,
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Lorraine stamus, R.Ph.,I.H.
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Copy:
Members, Adult Day Program Location Task Force
Members, Johnson County Board of supervisors
Members, city council, city of Iowa City,
Members, Committee on Community Needs, City of
Iowa city
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Johnson County
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L. GRAHAM DAMERON, MPH
DIRECI1lR
December 16, 1994
Tom Muller, Chairperson
Johnson County Senior Center commission
28 S. Linn st.
Iowa city, IA. 52240
Dear Mr. Muller and Members of the Commission:
.'
,
Board of Heallh
Cam Campbell, M.D.
Bob Crane
Karen J, Rohret
Anita Sehr
Lorraine Stamus, R.Ph" I.H,
At the regular Board of' Health meeting on December 14, 1994, a
report was given by the Chairperson regarding the discussion that
occurred at the Adult Day Location Task Force meeting earlier that
afternoon. The Board of Health strongly believes that additional
space at the Senior Center is needed for the Adult Day Program (ADP)
to be cost effective. The Board recognizes the Commission must
consider other demands for space as well.
The Board requests that the Commission consider a compromise from
the original request of 1500 sq. ft. We propose switching the IIpool
Room" with the ADP space. This would allow for significant growth of
the ADP without eliminating an existing program. The Board would
appreciate a response to this proposal or an alternative plan with the
ADP remaining at the Center, but with additional space. Thank you fo~
your consideration.
Sincerely,
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Lorraine Stamus, R.Ph.,I.H.
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~n Rohret
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Members, Adult Day' Program Location Task Force
Members, Johnson county Board of Supervisors
Members, city council, City of Iowa city ,
Members, Committee on community Needs, city of Iowa city
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