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HomeMy WebLinkAbout2000-05-16 Resolution Prepared by: Madlyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. 00-161 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF A PORTION OF THE ROOF AND INSULATION ON THE CIVIC CENTER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13t" day of June, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 161:h day of Nay ,2000. City Attorney's Office It was moved by ChamDi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell x Pfab X Vanderhoef X Wilburn parksrecYm~/cc-roof. doc Prepared by: Marjan Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 00-162 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Co. d/b/a The Java House applied for temporary use of the public right-of-way at 211-1/2 E. Washington Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter'"license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 16th day of Hay , 2000. Approved by clerk\res\javahs.doc Resolution No. 00-162 Page 2 It was moved by Champ i on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT ?--Ii Y'Z F_., 14/,~l. SHtk..t~rl'O~ .~'-r IOWA CITY, IOWA This Agreement is made between Landowner Hawkeye-Bay States, L.L.C. , and Tenant '~--JOWI~ C--\'~'kl C(::)~=f:c-----Pr- C_,Jb and the City of Iowa City, Iowa, a municipal corporation, WHEREAS the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk care, as submitted and/or as amended; and ~:: .~...~ _-.., WHEREAS such temporary use of the public right-of-way is not adverse t~"'pub'l~ -.--~; .... thereof; and ~.."_) =.,! ....,' WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner HawkP, ye-Ba,y States. I.L.F.. owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: Paul Helen 211 1/2 E. Washington Street :and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. 2. Applicant/Tenant Iowa City Coffee Co. (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk care, as permitted by City regulations. 3. The city staff design. review committee has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. 4. Based on this review, the City now finds Applicant' s proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- ran/use of the public right-of-way as a sidewalk cafe in accordance with this Agree- ment, including Exhibit A, and also in conformance with all applicable Ic~l regu|~tions concerning sidewalk cafes. ,---~ p,.) 5. City and Applicant agree this Agreement shall be binding upon the ~so ~and S assigns of the Pa~ies hereto, provided that no assignment shall be made witho~the written consent of both Parties to be attached hereto as a formal written Addendure. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purp.oses listed herein for a.sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 7. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (199Z), and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. In the event that the Applicant consists of both a tenant and a landlord, this paragraph applies only to the tenant. The tenant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attomey fees, which may arise from the tenant's use of the public right-of-way arising from this 4 agreement,' or which may be caused in whole or in part by any act or omission of the tenant including its agents or employees. The tenant further agrees to provide the City with a certificate of insurance coverage of the sidewalk caf~ required by the.~:City's schedule of Class II insurance coverage. ~ _c>. :~-' 9. Applicant further agrees to abide by all applicable federal, state, and 16~'~.~aw~,. an~ to maintain said sidewalk ca~e in accordance with the approved Scher~tEc Dia'j.ram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and 'equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (199tt). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on .the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. 5 13. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. - Dated this 16t, h day of Nay , 2,000. CITY OF IOWA CITY, IOWA APPLICANT/TENANT Bit _ ~ .~ By Ernest W. Lehman, Mayor Attest: ,~ · By -K. Karr, City Clerk By APPLICANT/LANDOWNER By Approved by: City Attorney's Office APPLICANT/TENANT'S ACKNOWLEDGEMENT Individual) STATE OF IOWA ) } ss: .... JOHNSON COUNTY ) On this day of , , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this z7/~r day of ~PPJL_ , A.D. 2c~at~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and " ~- , to me personally known, who, being by me duly sworn, did say that they are the lgr. e.s;~/z,,t~l. and ---- , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on beh'alf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said /,,~r, Crm~,~/~ and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa ~ ..'i~*--.~: ,2/t/7,~ ~ CE_J ¢_, ' ' ;,5: '5- 7- o~,, ~ APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) - ) SS: JOHNSON COUNTY ) On this 20'dr' day of pr~ I , Zoz~, before me, 'the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and 'by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corpora~ STATE OF IOWA ) --', JOHNSON COUNTY ) On this day of , A.D. ~, before me, the undersigned, a Notary Public in and for ~he State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, ~hat (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrumen~ to be the voluntary act and deed of said corporation, by it and by ~hem voluntarily executed. Notary Public in and for the State of Iowa CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: ' ' JOHNSON COUNTY ) Onthis //a ~A dayof oT~ttar~p , zo~o, before me, _Son,J~-o_~ - F~ t,-k , a N ublic in and for theftate of Iowa, personally appeared Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they ate the Mayor and City Clerk, respectively-, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was sighed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ob_ I/~ passed by the City Council on the /~, H~ day of 2:eo7c ,2coo, and that Ernest W. Lehman and Marian K. Karr acknowledged th exe ution of the instr~ent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: cierk\license.swk ~_; ,~ ~' - '~ ~ FILED L,n ~' c % "' ,--' ,~ ~'T~ ~,.: Cfi'Y CLERK ~ v' IOWA CITY, IOWA re ?... ,~~ X ,J' b ~ f' c ~ " ~ ,' ' ' ' ' '/""~'"" ' "~"' " Z , , ~ ' ' " f'< '> Z """' ' , , - .. C~)[ "'(~ ~ ~-~ -,, .. _ "'<'d· I -- ~ v ..q:_ .-d .+ J It,,..~- > City of Iowa City MEMORANDUM Date: May 4, 2000 To: Design Review Committee/City Clerk Cc: Tara Cronbaugh From: Kumi Morris Re: Sidewalk Caf~ at 211-1/2 E. Washington Street (The Java House) Iowa City Coffee Co. has submitted a renewal application for a sidewalk caf~ at 211-1/2 East Washington Street (The Java House). The City of Iowa City ordinances requires that sidewalk cafes be subject to the design review process of the Design Review Ordinance. After reviewing the submitted design of the sidewalk caf~, I have determined that the design of the caf~ is substantially the same as the design approved in previous years. The committee has indicated that if the renewal application design is substantially the same as the previously approved design, the Committee does not need to meet to review the application. Therefore, the Committee will not be meeting over this application. There was one minor change in the application from previous years. The change is the style of the planter that will be part of the sidewalk cafe. Three years ago, cafes started to use flower boxes as a means to delineate the location of the sidewalk cafes for those individuals who are visually impaired. In the past, the Java House has used cedar wood box planters to contain plants, this year the submittal includes plastic planters that have a terracotta appearance. In lieu of a meeting, the photographs of the furniture and planter (included with application) were electronically mailed to all the Design Review Members. The consensus of the committee is that the planters meet the guidelines and have a suitable appearance. As the committee requested last year, the applicants are encouraged to plant flowers in the planters as well as maintain the foliage in order to add color to the streetscape. 05-16-00 3e(2) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 00-163 RESOLUTION NAMING DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution Firstar Bank Iowa NA 520 Walnut 222 Second Ave. S.E. $40,000,000.00 $65,000,000.00 P.O. Box 906 Cedar Rapids, IA Des Moines, IA 50304 52401-1214 Iowa State Bank & 102 S. Clinton St. Same $25,000,000.00 $25,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. $25,000,000.00 925,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodlett Farms Pkwy. 150 E. Court St. 935,000,000.00 935,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same 920,000,000.00 $20,000,000.00 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. 935,000,000.00 ~35,000,000.00 Bank Cedar Rapids, IA Iowa City, IA 52240 52407-3850 Wells Fargo Bank 666 Walnut St. 101 3rd Avenue SW ~50,000,000.00 ~50,000,000.00 Iowa, N.A. Des Moines, IA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same $15,000,000.00 $15,000,000.00 Iowa City, IA 52244-2240 Brenton Bank 400 Locust St. 150 First Avenue NE $15,000,000.00 $50,000,000.00 Suite 200 Cedar Rapids, IA 52407- Des Moines, IA 50309 4708 Freedom Security 140 Holiday Rd. Same 90.00 915,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Passed and approved this 16th day of _Ivl~//_4/C,, 2000,~/~ ATTEST: 72'~,~x,-~4~/' ~X'4. 2/~,-~,L,-// , CITY CLERK City Attorney's Office finlreasVes%deposit.doc Resolution No. 00-163 Page 2 It was moved by Champinn and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 00-164 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY DOWNTOWN STREETSCAPE PHASE II IMPROVEMENTS. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Downtown Streetscape Phase II Improvements, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 29, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of May ,20 00 Approved by ATtEst: CITY"~:LERK City Attorney's Office It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton × O'Donnell X Thornberry X Vanderhoef pweng~res~downtownll.doc 5100 ENGINEER'S REPORT May16,2000 Honorable Mayor and City Council Iowa City, IA Re: Iowa City Downtown Streetscape Phase II Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Downtown Streetscape Phase II Improvements have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $2,265,863.25. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rich~ City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 , (319) 356-5000 ,a FAX (319) 356-5009 Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5133 RESOLUTION NO. 00-165 RESOLUTION ACCEPTING THE WORK FOR THE '1999 CURB RAMP AND SIDEWALK PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 1999 Curb Ramp and Sidewalk Project, as included in a contract between the City of Iowa City and Borwig Building Service of Waterloo, Iowa, dated April 2, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of Nay ,20 00 Approved by .CIT~LL~'z~T<~ City Attorney's Office It was moved by Champi on and seconded by O'Donne] ] the Resolution be adopted, and upon roll call there were: : AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef pwengVes~1999curo.doc 5/00 ENGINEER'S REPORT May 9, 2000 Honorable Mayor and City Council Iowa City, IA Re: 1999 Curb Ramp and Sidewalk Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1999 Curb Ramp and Sidewalk Project has been completed by Borwig Building Services of Waterloo, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $173,635.56. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 00-166 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'I'EST A LIMITED RELEASE/ESCROW AGREEMENT FOR IMPROVEMENTS WITHIN LOUIS CONDOMINIUMS DEVELOPMENT, IOWA CITY, IOWA WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereina~er referred to as "Development"; and WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's Agreement between the original Developer and City, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first; WHEREAS, the Developer has requested that the requirement for closing the westerly driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued for within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first; and WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open under the preceding conditions provided the Developer agrees to ensure the satisfactory closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and paving such alternative driveway, and to execute an agreement providing that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish same; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of $16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the closure and paving requirement been completed; and WHEREAS, the parties wish to execute an agreement memorializing these terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 00-166 Page 2 1. It is in the public interest to execute the Limited Release/Escrow Agreement for Louis Condominiums in order to allow the existing driveway to conditionally remain open while protecting the City's interests. 2. The Council finds that transferring any real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Limited Release/Escrow Agreement, a copy of which is attached hereto. The City Clerk is further directed to record the Limited Release/Escrow Agreement along with a certified copy of this Resolution in the Johnson County Recorder's Office at Developers expense. 4. Upon certification from the City Engineer that construction of the improvements is satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 16th day of May , 2000. NORWOOD C. LOUIS II & · Louis II ,, Betty LO:~ DEVELOPERS' ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this __ day of/~:~il, 2000, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge and Dean G. Oakes, to me personally known, who, being by me duly sworn, did say that they are Managers of H & O L.C., the Limited Liability Company executing the within and foregoing instrument, that no seal has been procured by the said Company, that said instrument was signed on behalf of said Limited Liability Company by authority of its managers; and that Michael E. Hodge and Dean G. Oakes, as such managers acknowledged the execution of said instrument to by the voluntary act and deed of said Limited Liability Company, by it and by them voluntarily executed. Notary Public in and for the State of ,_~_~,~,,-, ~'~" ~e~, ANGELA R. MAHER : MY COF~:MISSION EXPIRES STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this __ day of April, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Norbert C. Louis II and Betty Louis, husband and wife, to me personally known, who being by me duly sworn did say that they are the individuals named in the within and foregoing instrument, that said instrument was signed by each of them individually; and that each of them acknowledged the execution of the foregoing instrument to be their voluntary act and deed, by it and by them voluntarily executed. Notary Public in and for the State of Iowa CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) · 11,''~ rfi · · · On thss day of --~ 2000 before me the unders~gned a Notary Pubhc ~n and for said County, in said State, personally 'appeared ~rnest W. Lehman' and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Ernest W. Lehman and Madan K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Sarah E. Holecek, First Asst. City Atty.. 410 E. Washington St., Iowa City, IA 319-356-5030 LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is made by and between Norwood C. Louis II and Betty Louis, husband and wife, and H&O, LC, as property owners, hereinafter collectively referred to as "Developer," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development"; and WHEREAS, pursuant to the original Conditional Zoning Agreement and Developers Agreement between the original Developer and City, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first; WHEREAS, the Developer has requested that the requirement for closing the westerly driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued for within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first; and WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open under the preceding conditions provided the Developer agrees to ensure the satisfactory closure of the existing ddveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and paving such alternative driveway, and to execute an agreement providing that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish same; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of $16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the closure and paving requirement been completed. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Developer acknowledges that, pursuant to Title 14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development". Pursuant to the Original Conditional Zoning Agreement and Developers Agreement between the Developer and City for said development, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first. 2. The parties hereto acknowledge that Developer has requested that the requirement for closing the westedy driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first. Further, Developer acknowledges and agrees that the requirement and retention of an escrow is a reasonable method to ensure closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan, and Developer agrees that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish the paving requirement. 3. Developer and City acknowledge and agree that closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan (hereinafter "improvements") is hereby guarenteed by an escrow in the sum of $16,500.00 (hereinafter "improvements escrow). The above referenced improvements shall be made in accordance with the City-approved final OPDH plan and in accordance with applicable City specifications as reviewed and approved by the City Engineer. 4. The above-referenced improvements shall be completed within ninety (90) calendar days after the occurrence of either of the conditions outlined in paragreph 2 above, and the failure of the Developer to timely complete said improvements within the above time period may be considered a default by the City under the terms of this agreement, and the City may then use said sum within the improvements escrow for completion of the required improvements. 5. In the event the Developer defaults in making the above-referenced improvements for which the improvements escrow has been deposited, or in the event the Developer fails to complete the above-referenced improvements within the ninety (90) calendar day time period, the City shall have the right, but not the obligation, to use the improvements escrow to complete the improvements through contract or otherwise. This includes the specific right to enter upon the subject property to make the improvements. If the improvements escrow is not sufficient to allow the City to complete the required improvements, the Developer shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the improvements escrow deposited. Should the City use the improvements escrow or a portion thereof the complete the required improvements, any amounts remaining after completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the Developer. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original improvements at issue herein. Further, the remedies outlined in this agreement are non-exclusive, and shall not be construed to restrict, abridge or limit those additional remedies available to the City as provided by law. 6. The parties acknowledge and agree that this agreement is being entered into in consideration of the City's amendment and release of the Odginal Conditional Zoning Agreement and Developers Agreement requirement that the westerly private driveway connecting the existing Louis household and Foster Road shall be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first, as recorded in Book __, Pages __, and Book __, Pages.__, respectively, Johnson County Recorders Office, This Limited Release/Escrow Agreement shall not be construed as a release of any of the odginal obligations under said Conditional Zoning Agreement and/or Developers Agreement or other covenants and agreements, which obligations shall remain the responsibility of said Developer and its successors until finally released by the City. Nor shall this Limited Release/Escrow Agreement in any way alter, amend or modify the Original Conditional Zoning Agreement and/or Developers Agreement recorded in the Johnson County Recorder's Office except as provided in this agreement. 7. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns. Dated this 16 day of May ,2000 ~mie Lehman, Mayor Attest: ~n K. Karr, City Clerk "DEVELOPERS" Dean Oakes Kellie Tuttle From: Sarah Holecek Sent: Tuesday, November 28, 2000 11:52 AM To: Kellie Tuttle Subject: RE: Res #00-166 (Louis Condominiums) This agreement should NOT be recorded, as it never came into effect due to non-deposit of the $$, (and we don't want to confuse title examiners). So, I guess the non-recorded, tho' executed document should be placed in the Louis Condo's file w/notes as to why it was not recorded, etc .... (these e-mails should work). _Al_s_o,l_believe the public improvements were accepted recently (?), tho' this is a different issue. -----Original Message ..... From: Kellie Turtle Sent: Tuesday, November 28, 2000 11:23 AM To: Sarah Holecek Subject: RE: Res #00-166 (Louis Condominiums) Yes and no. The agreement was signed by the developer (it had originally been deleted about 3x). Our office was holding it waiting on the $$. 5o the resolution and agreement have never been recorded. There was also no certification received from the City Engr to execute the final release for recordorion. Now what? ..... Original Message ..... From: Sarah Holecek Sent: Tuesday, November 28, 2000 10:27 AM To: Annie Pedersen Cc: Kellie Tuttle Subject: RE: Res #00-166 (Louis Condominiums) Kellie: This agreement was approved by CC to allow an escrow to be placed in lieu of building the alternative drive so that Bud's original driveway could be opened (i.e City would agree to allow original drive to be reopened pending installation of alternative drive if $$ placed to assure building of alternative drive in future) ..... Developer did not want to place $$ in escrow, so they proceeded to build alternative drive (it is now completed)..Thus, the escrow agreement will never be signed by Developer and used, as alternative drive has now been built and original drive has been removed from Foster Rd. ROW ..... Does this help? ..... Original Message ..... From: Annie Pedersen Sent: Monday, November 27, 2000 4:31 PM To: Sarah Holecek Subject: FW: Res #00-166 (Louis Condominiums) Can you provide into on this? ..... Original Message ..... From: Kellie Turtle Sent: Monday, November 27, 2000 9:48 PM To: Annie Pedersen Subject: Res #00-166 (Louis Condominiums) Would you know the scoop on this resolution? Tt's a limited release/escrow agreement for improvements within Louis Condos from May 16, 2000. Thanks! Kellie Tuttle City Clerks Office 05-16-O0 6 Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-167 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA AVENUE LITERARY WALK AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a literary walk consisting of pavement art along Iowa Avenue sidewalks between Clinton and Gilbert Streets was deemed to be an appropriate project for FY2000-2001; and WHEREAS, the proposal submitted by Gregg Lefevre was selected for said literary walk. NOW: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Gregg Lefevre for the design, fabrication and oversight of the installation of the Iowa Avenue Literary Walk, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 16th day of Nay ,20 nn . City Attorney's Office It was moved by Pfab and seconded by Champ'i nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA [ N: X Champion X KaRReF X Lehman X O'Donnell × Pfab Vanderhoef X X Wilburn ppddirVes~litwalk.doc Kellie Tuttle From: Karin Franklin Sent: Friday, September 08, 2000 11:02 AM To: Kellie Tuttle Subject: FW: Res #00-167 Please see Eleanor's response to my query. The first resolution is valid and can be filed. ///"J Original Message-- ' ...... -- --~ From: Eleanor M. Dilkes Sent: Friday, September 08, 2000 10:56 AM To: Karin Franklin Subject: RE: Res #00-167 Council can resolve to sign 2 different agreements. If the artist didn't sign the first agreement there is no agreement. From a legal perspective I see no reason why both agreements can't be signed by Council and the files closed. The resolution authorizing Council to sign the first agreement is still valid, the artist just didn't sign so there is no agreement. ---Original Message-- From: Karin Franklin Sent: Thursday, September 07, 2000 12:16 PM To: Eleanor M. Dilkes Subject: FW: Res #00-167 Please help! Please read the exchange below first. I don't understand why the Clerk's office can't just file the resolution. What is outstanding? The resolution was to have the mayor and clerk sign, which they did. Make a note in the file and file it. .... Original Message ..... From: Kellie Tuttle Sent: Thursday, September 07, 2000 10:24 AM To: Karin Franklin Subject: RE: Res #00-167 I checked with Madan to see how to close out #00-167. #00-167 should have been repealled and replaced with #00- 277. Instead it was amended (still needing to be signed) and somehow needs to be cleaned up. Madan said to possibly check with legal to see how it can be fixed. Thanks! ---Original Message---- From: K~arin Franklin Sent: Thursday, September 07, 2000 9:26 AM To: Kellie Tuttle Subject: RE: Res #00-167 That resolution was amended by Res. 00-277. The artist never signed the agreement which was the subject of the first resolution; we amended the agreement and took it through Council again under Res. 00-277. So you can take the hold off Res. 00-167. .... Original Message--- From: Kellie Tuttle Sent: Thursday, September 07, 2000 8:44 AM To: Karin Franklin Subject: Res #00-167 Our record show a hold on Res #00-167 (Approving an agreement between the City of Iowa City and the artist for the Iowa Avenue Literary Walk and authorizing the Mayor to execute and the City Clerk to attest the same.- Approved May 16, 2000) Could you please look into this? Thanks! Kellie TuffIs I~ r m b..1 -'q tg -I Z t,1 I' rq '~ ~ ]> ~ m -< ,,3 Pl ;~ m - O r W M rl < r Z r < mo m -,1..r n ;o U~ " 0 a m O0 m ~0 ' 4~ O;o C _ ,. ..,r .. z , ., __ '~0 m '..0Pl U~ R ~..-I 0 r-' CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA AVENUE LITERARY WALK AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on between the City of Iowa City, hereinafier referred to as the OWNER, and Gregg Lefevre, hereina~er referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Adviso~,.Committee. The CONTRACTOR shall be the company or companies hired by the Owner to con~,truct the Iowa Avenue Streetscape Project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the conceptual proposal for the Iowa Avenue Literary Walk dated April 10, 2000 created by the ARTIST and hereinafter referred to as the ART WORK, for pavement art in an eight foot band of the sidewalks in the 100, 200 and 300 blocks of Iowa Avenue. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all se. rvices and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the Art Work at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE and the CONTRACTOR. 1.2 Execution of the Work a. The ARTIST shall present a refined proposal for each block face of the Literary Walk for approval by the COMMITTEE prior to commencing fabrication or installation of said block face. b. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the Art Work, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shat~ fabricate, transport and consult with the CONTRACTOR on the installation of the Art Work ir¥ accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. c. The OWNER shall have th~e..right to review the Art Work at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). d. The ARTIST shall complete the fabrication and ensure installation of the Art Work in substantial conformity with the approved refined Proposal. e. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Art Work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the Art Work which affects installation, scheduling, site preparation or maintenance for the Art Work or the concept of the Art Work as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S when the fabrication of the Art Work is completed and the ARTIST is ready for very and installation at the site. b. The ARTIST agrees to notify the OWNER'S no fewer than (30) days prior to the ARTI~ intended time of delivery to detE the particulars of delivery time, location and agent ,signated by the OWNER. c. The ARTIST deliver and consult with the tractor on the installation of the completed Art Work at the in compliance with the ule approved pursuant to Section 1.2 (a). d. The OWNER shall be for all labor and equipment to prepare the site for the timely installation ART WOR ~cluding underlayment and paving of the sidewalk. OWNER shall also be res .nsible for e ging CONTRACTOR to install the artwork in consultation with ARTIST. 1.4 Post Installation a. Within 30 days after the of the Art Work, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a mi um of twenty-four (24) slides, photographs (and negatives), or digital photographs on a document the process and development of the Art Work from beginning fabrication completion. b. The OWNER shall arrang~ c documentation of the site and the installed Art Work at the site. .. c. The ARTIST shall be n' of any da and times for presentation ceremonies relating to the ART WORK. d. Upon installation of Art Work, the shall provide to the OWNER'S REPRESENTATIVE written, , for appropriate and preservation of the Art Work. / / 1.5 Final Acceptance / / a. The ARTIST shall advise the OWNER'S REPR '.NTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in ~stantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the Art Work. Acceptance shall be granted in phases as each block face of the Art Work is completed. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance. 1.6 Risk of Loss The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the Art Work from loss or damage until final acceptance. The shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God ice installation of the Art Work is complete. 1.7 Liability, Indemnification and Insurance a. The ARTIST ;s to indemnify, defend hold OWNER and its officers, employees, and agents s from any and all los cost, damage and expense (including reasonable attorney's fees and lurt costs) resulting arising out of, or incurred by reason of any claims, actions or suits d upon or allegin bodily injury, including death, or property damage arising out of or resultin, ARTIST'S duties or responsibilities under this agreement, whether such be RTIST them or by any subcontractor or by anyone directly or indirectly employed by them. b. Upon final acceptance of the the OWNER shall, to the extent permitted by law, and without waiving any immunities a e thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabiliti lhereafter made in connection with the Art Work, the site, the project or this agreement, exce claims by the OWNER against the ARTIST and claims which may occur as a result of the ~T'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of tl-i ARTIST shall each effect and maintain insurance to protect the ARTIST from"'claims un r workers compensation acts; claims for damages because of bodily injury including personal ~ 'ury, sickness or disease, or death of any of their employees or of any person other than their e ployees; and from claims for damages because of injury to or destructior~ of tangible pro rty; including loss of use resulting therefrom; and from claims arising Out of their performan e of professional services caused by errors, omissions, or negligent acts for which the ARTIST i legally liable. 1.8 Title Title of the Art Work shall p;s/s to the OWN 'S fina acceptance of the completed ART WORK. ':," '.. Article 2. Compensation and F~ayment Schedule ,.. 2.1 Fixed Fee / , The OWNER shall pay the ARTIST a fee not to exceed Twenty Thousand Dollars ($20,000) per block face or One Hundred Twenty Thousand Dollars ($120,000) for the entire Iowa Avenue Literary Walk project consisting of six block faces, which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Ten percent (10%), or $12,000, within thirty (30) days after execution of this 4 agreement. b. Payment of invoices, purchase orders or statements for expenses and materials, upon receipt of the same, to a maximum of eighty percent (80%) of the contract price, but not to exceed $20,000 per block face under construction. c. Ten percent (10%) within thirty (30) days after final acceptance of the complete project. If the ARTIST elects to utilize the OWNER'S services and materials during installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all 'or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of tram the Art Work to the site and the costs of :ravel and lodging by the ARTIST the ARTIST'S agents and employees necessary fo~ the proper performance of the s 'vices required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the as set n Article 1 shall be completed in accordance with the schedule for comp Eion of the Art as proposed by the ARTIST and approved by the OWNER'S pursu~ to Section 1.2, provided that such time limits may be extended or otherwise by agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes fabrication or of the Art Work in accordance with the approved schedule and notifies the OWNER the Art Work is ready for installation, the ARTIST is delayed from installing the Art Work the time specified in the schedule as a result of the construction of the site not being ly complete to permit installation of the Art Work, the OWNER shall provide storage, or imburse the ARTIST for reasonable transportation and storage costs incurred for the between the time provided in the schedule for commencement of installation and the upon which the site is sufficiently complete to reasonably permit installation of the Art In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for necessary time spent on the site due to delays caused by the OWNER or ~'he Such reimbursements shall be expenses in adddition to the Fixed Fee er~merated in Section 2.1,, / 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transpo~ation and storage costs resulting" m the completion of the ARTIST'S services prior to the time provided in the schedule for insta~ 3.4 Time Extensions ,/ ,, (. The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely 5 performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title / The ARTIST represents and warrants lhat: (a) the Art Work is sol ly the result of the artistic effort of the ARTIST; (b) except aa~n~otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the Art Work is nique and original and does not infringe upon any be performed in a workmanlike manner; (b) ~e Art as fabricated and installed, will be free of defects in material and workmanshi any defects consisting of inherent qualities which cause or accelerate the Art Work; and (c) maintenance recommendations submitted by the ARTIST to NER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall for a period of five years after the final acceptance of the Art Work, excluding deteriorati. ~r damage caused by circumstances not in the ARTIST's control, such as vandalism, theft, of the surface finishes, chemical runoffs or spills, or accidents. The OWNER shall to the ARTIST of any observed breach with reasonable promptness. The ARTIST she uest of the OWNER, and at no cost ith }rofessional conseNation standards (including, for example, cure by means of rgpair or Ltion of the Ad Work). / A~icle 5. Reproduction Rights / 5.1 General The ARTIST retains all rights under e Copyright Act of 1976, XU.S.C., 101 et. seq., and all other rights in and to the A~ Work cept ownership and possessi~, except as limited herein. In view of the intention that the Ad ork in its final dimension shall be unique, the ARTIST shall ARTIST grants to the OWNER ¢d its assigns a royalty-free, irrevo~ble license to make Mo or three dimensional reproductiops of the A~ Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advedising, calendars, posters, are exercised in a professional ~:nner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 5.3 Credit to Owner 6 The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art Work. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. Article 6. ARTIST'S Rights ; 6.1 Identification The OWNER shall, at its expense, and install at site a plaque identifying the ARTIST, the title of the Art Work, he year of com and shall reasonably maintain such notice to the extent as may be cable. 6.2 Maintenance The OWNER recognizes that maintenance the Arton a regular basis is essential to the integrity of the Art Work. The OWNER shall onable steps to assure that the Art Work is properly maintained and protected, takin! account the instructions of the ARTIST provided in accordance with Section 1.4 (d). 6.3 Alteration of the Work or of the Site a. Except as provided under b), below, The OWNER agrees that it will not intentionally damage, alter, modify or cha~ Work without the prior written approval of the ARTIST. / b. The OWNER reserves the right/(o alter the of the Art Work; relocate the Art Work to another site; and remove the Art Work from blic display. The following provisions shall apply to relocation or removal: / (i) While the OWNER shall attempt to Art Work in such a way as to not affect the Art Work, it is the parties understanding that removal may result in damage, acknowledges that this . under 17 U.S.C. ection 113,(d) so as to waive rights under 17 U.S.C. Section 10(~A. (ii) If, at the time of removal, it is determined that the A Work may be removed without damage, alteration, modification, destruction, distortion or other hange, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On compl ion of the Art Work, the ARTIST agrees to file the records, including ARTIST'S identity and ddress, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). Th ARTIST further ;angtreen~ot ' ' ' with the Register of Copyrights so as tification of 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. 7 Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting ,, , / 8.1 Neither this Agreement nor interest herein shall be by the ARTIST. Any such transfer shall be null and void ~d shall be cause to annul this ~nt. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portio of the services to provided hereunder at the ARTIST'S expense provided that said ubcontracting shall negatively affect the design, appearance, or visual quality of the P and shall carried out under the personal supervision of the ARTIST. The ST must approval from the OWNER'S REPRESENTATIVE prior to hiring any s~ ~contractor. OWNER'S REPRESENTATIVE does not approve the hiring of any subcontr ctor, anoth subcontractor must be submitted for approval by the OWNER'S REPRE~ Article 9. Termination If either party to this agreement shall willfully o fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenar 3, agreements or stipulations material to this agreement, the other party shall thereupon right to terminate this agreement by giving written notice to the defaulting party of its to terminate specifying the grounds for termination. The defaulting party shall have thi~ days after receipt of the notice to cure the default. If it is not cured, then this a In the event of default by the OWNER, the OWNER shall promptly the for all services performed by the ARTIST prior to termination. In the event b ARTIST, all finished and unfinished drawings, sketches, photographs, and oth, work prepared and submitted or prepared for submission by the ARTIST under thi., agreement at the OWNER'S option become its property, provided that no right to or execute th Art Work shall pass to the OWNER and the OWNER shall compensate the,'~,RTIST pursuant Article 2 for all services performed by the ARTIST prior to termination; or e ARTIST shall re all amounts paid by the OWNER n , fr e OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may work performed does not meet the requirements of the OWNER. \. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City stattjtes ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 8 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of Artist by Owner for the purpose of the Project shall be as an independent contractor and shall be but the Artist shall have the right to employ such assistance as may be requi for the performance of the Project. 11.3 It is agreed by the ,~r that all records and files pertaini~to information needed by the Artist for the ~hall be available by said City reasonable request to the Artist. The Owner to furnish all reasonable a~ in the use of these records and files. 11.4 At the request of Owner, Artist shall attend s meetings of the City Council relative to the work set forth this Agreement a.~ necessary. Any requests made by the Owner shall given with rea~ notice to Artist to assure attendance and shall coincide Ih trips to City already planned by the Artist pursuant to Section 1.2 and 1.3. 11.5 Should any section of this A~ invalid, it is agreed that the remaining portion shall be deemed severable portion and continue in full force and effect. 11.6 Fees paid for securing approval of auth~ ties having jurisdiction over the Project will be paid by Owner. / 11.7 Upon signing this agreement, Artist ckn~ ,~dges that Section 362.5 of the Iowa Ihe City, which includes members of the City Council and City boards ~nd commiss ~s, has an interest either direct or indirect, in this agreement, that ,i es not fall the exceptions to said statutory Article 12 This writing embodies the entire agre ent and understanding betw en the parties hereto and Article 13. Modification (/ ~\\ No alteration change, or modification of the terms of the Agreement shall be ~alid unless made in writing and signed by both padies hereto and approved by appropriate action of the OWNER. ARTIST OWNER Gregg Lefevre Ernest W. Lehman, Mayor A'I'I'EST Marian K. Karr shared/pcd/artist3,doc f" City 'Clerk City Attomey'e Office CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA AVENUE LITERARY WALK AGREEMENT BY AND BETWEEN OWNER AND AR..?IST THIS AGREEMENT is made on between the City of Iowa City, hereina~er referred to as the OWNER, and Gregg Lefevre, bereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee, The CONTRACTOR shall be the company or companies hired by the Owner to construct the Iowa Avenue Streetscape Project. WHEREAS, the OWNER, on the recommendSion of the COMMITTEE, has accepted the conceptual proposal for the Iowa Avenue Litera~/VValk dated April 10, 2000 created by the ARTIST and hereinafter referred to as the ART W~)~K, for pavement art in an eight foot band of the sidewalks in the 100, 200 and 300 blocks ,Of Iowa Avenue. A copy of said proposal as accepted is attached hereto as Exhibit "A" (here!,~a~er "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as folloW/: Article 1. Scope of Services 1.1 General a. The ARTIST shall pert:. rm all services and furnish all supplies, materials and b. The ARTIST shal at all stages of execution" fabrication and installation coordinate his work with the OWNER',~IR'Y/I~PRESENTATIVE and th~;~'~,~)NTRACTOR. 1.2 Execution of the Wor/ ~" a. The AR ST shall present a refined proposal for~ach block face of the Literary /' b. TI~ ARTIST shall furnish the OWNER'S REPRE ENTATIVE a tentative schedule for cof~pletion of fabrication and installation of the Art Work, cluding a schedule for the submissio ' of progress reports, if any. The schedule must be a roved by OWNER'S / / · . . . accordance with the schedule provided for in Sealion 1.2 (a). d. The ARTIST shall complete the fabrication and ensure installation of the A~ Work in substantial conformity with the approved refined Proposal. e. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Art Work which affects',~nstallation, scheduling, site preparation or maintenance for the Art Work or the concept of the ArtWork as represented in the Proposal. . / 1.3 Delivery and Installa'~jon / fabricat n h t a I l e installation at the site. ~ b. The ARTIST agrees ~ notify the OWNER'S RE~ESENTATIVE, no fewer than (30) c. The ARTIST shall deliver ~d consult wi the contractor on the installation of the completed A~ Work at the site in compliance schedule approved pursuant to Section ~.2 (a). d. The OWNER shall be res all expenses, labor and equipment to prepare the site for the timely installation of the including underlayment and paving of the sidewalk. OWNER shall also be res '~r engaging CONTRACTOR to install the a~ork in consultation with ARTIST. 1.4 Post Installation a. Within 30 days after of e A~ Work, the ARTIST shall furnish the a m~nimum of enty-four (24) slides, photographs (and negatives), or digital photograp on a ~i ' nt the process and development of the A~ Work from beginning b. The OWNER sh~ arrange photographic documentation of the site and the installed A~ Work at the site. c, The ARTIS' be notified of any dates and t~es for presentation ceremonies relating to the ART REPR E i t i p ri n s a A~ Work. 7/ 1.5 Final A~eptance PropOsal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in wn 'ng of OWNER'S final acc tance of the A~ Work. ' lock face of the A~ Work is completed.. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance. 1.6 Risk of Loss 1.7 Liability, Indemnificatior~\and Insurance ./~ a. The ARTIST agr~'~, to indemnify, defend and hold ~WNER and its officers, employees, and agents harmles~ from any and all loss, cost, dan~ge and expense (including directly or indirectly employed by either ~ them. b. Upon final acceptance of the A~Work, ' t t ' law, and without waiving any immunities ave],able , i t ARTIST against any and all claims or liabilitie~ ther fter made in connection with the A~ Work, the site, the project or this agreement, except=' la' s by the OWNER against the ARTIST and claims which may occur as a result of the ARTI S breach of the warranties provided in A~icle 4 ' ' . . c. The ARTIST and all employee. of th ARTIST shall each ~ffect a~d ~aintain I~ al seduces caused by / 1.8 Title / Title of the A~ Work shall~ass to the OWNER upon final acceptance of the completed ART WORK. / Adicle 2. Compensation and Payment Schedule /~ 2.1 Fixed Fee i The OWNER shall ~ay the ARTIST a fee not to exceed Twenty Dollars ($20,000) per block face or Onyx Hundred Twenty Thousand Dollars ($120,000) for Iowa Avenue Litera~ Walk pr~ect consisting of six block faces, which shall constitute compensation for all fees, se~ices, expenses, and materials to be performed and furnished b~ ~e ARTIST under this agreement. Expenses shall include all travel and lodging required for th~ to fulfill his obligations under this contract. The fee shall be paid in the following ~ts, expressed as percentages of such fixed fee, each installment to represent full and final, refundable payment for all se~ices and materials provided prior to the due date thereof: a. Ten percent (10%), or $12,000, within thi~y (30) days after execu n of this agreement. ~, ~yment of invoices, purchase orders or statements for expenses and materials, upon receipt of'the same, to a maximum of eighty percent (80%) of the contract price, but not to exceed $20,000 pier block face under construction. c. Ten percent (10%) within thirty (30) days after final acceptance complete project. If the ARTISfelects to utilize the OWNER'S services and materials ng installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of tran., the Art Work to the site and the costs of all travel and lodging by the ARTIST ARTIST'S agents and employees necessary for the proper performance of the required under this agreement. Adicle 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as s~ in Article 1 shall be completed in accordance with the schedule for completion of Work as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVI to Section 1.2, provided that such time limits may be extended or otherwise .=d by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes or procurement of the Art Work in accordance with the approved schedule and notifies OWNER that the AEt. Work is ready for installation, the ARTIST is delayed from installing Art Work within the time specified in the schedule as a result of the construction of the si not being sufficiently complete to permit installation of the Art Work, the OWNER shall storage, or reimburs'~ the ARTIST for reasonable transportation and storage co incurred for the period betw en the time provided in the expenses in adddition to ~e Fixed Fee enumerated in Section 2.1. ~ 3.3 Early Completion ARTIST SeNices The ARTIST shall ~ any transpo~ation and storage costs resulting from ~ e completion of ZZ ~i%:SZtt:,~es prior to the time provided in the schedule for installation. Lik~ ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the pa~ of the OWNER in performing its obligations under thi~ Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely pe~ormance of the OWNER'S seaices impossible or unexpectedly burdensome. Failure to fu '11 contractual obligations due to conditions beyond either party's reasonab control will not ocno.ntract; provided that such obligations shall be spended only for ,. i Article 4. 'Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the Art Work the result of the artistic effort of the ARTIST; (b) except as otherwise disclose in writing to the OWNER'S REPRESENTATIVE, the Art Work is unique and origina does not infringe upon any copyright; (c) that the Art Work, or a duplicate not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any from any source whatever· 4.2 Warranties of Quality and Condition The ARTIST represents and wa~rrants that: (a) the and fabrication of the Art Work will workmanlike'~ anner; (b) the Work, as fabricated and installed, will be be performed in a free of defects in material an Orkmanshi g any defects consisting of inherent qualities which cause or accelerate of the Art Work; and (c) maintenance recommendations submitted by the ARTIST the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended The warranties described in this Section shall survive for a period of five years after the final acceptance of the Art Work, ,ration or damage caused by circumstances not in the ARTIST's control, such as abG e of the surface finishes, or theft. The OWNER ARTIST shall, at the request of a t n is consistent with professional , cure by means of repair or refabrication of ,~ Work). Adicle 5. Reproduction Rigl 5.1 General The ARTIST retains a hts under the Copyright Act of 19~' 17 U.S.C., 101 et. seq., and all other rights in and t~/ A~ Work except ownership and posse ion, except as limited herein. In view of the intenti, ~r that the A~ Work in its final dimension sha be unique, the ARTIST shall not make any ad a~ ~al duplicate reproductions of the final A~ rk, nor shall the ARTIST grant permission o others to do so except with the written permis 'on of the OWNER· The other simil~ publications, provided that these rights are exercised in a profe~.gal manner· 5.2 Noti~ All by the OWNER shall contain a credit to the ARTIST and a copyrigfit-notice y in the following form: ~ [ARTIST'S NAME], date of publication. 5.3 Credit to Owner /.,' ARTIST shall use best efforts to give a credit reading substantially, "an original rt work and commissioned by the City of Iowa City Iowa" in any public showin nder the "S control or reproductions of the Art Work. ' 5.4 Rec ~tion / The ARTIST ~y cause to be registered, with the United States Repi~ter of Copyrights, a copyright of the Work in the ARTIST'S name. Article 6. ARTIST'S hts 6.1 Identification The OWNER shall, at its ~nse, prepare and install Ythe site a plaque identifying the ARTIST, the title of the A~ and the year of corn ion; and shall reasonably maintain such notice to the extent as may = 6.2 Maintenance / The OWNER recognizes that maintern Work on a regular basis is essential to the integrity of the A~ Work. The OWNER reasonable steps to assure that the Ad Work is properly maintained and protected, tak nto account the instructions of the ARTIST provided in accordance with Section 1.4 (d', / 6.3 Alteration of the Work or of the Sit~~ a. Except as provided unde~/Subsection 7.3(b), v, The OWNER agrees that it will not intentionally damage, alter, m~ify or change the AR the prior written approval of the ARTIST. / b. The OWNER rese 'es the right to alter the location of .~ Work; relocate the A~ a (i) Whilg~he OWNER shall attempt to remove A~ Work in way as to not affect the Ad Work, ~ is the pa~ies understanding that such removal may in damage, %(~, t . .. ~oval, it is d~term.ined .that the A~ Work may the ARTI~ agrees to file the records, including ARTIST'S identity and address, with the t t t C t so as to permit notification of intent .~ remove the A~ Work. 6.4 ermanent Record. ~OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the A~ Work. 7 Article ~..--~ARTIST as Independent Contractor. The ARTIS'F shall perform all work under this Agreement as an independent contractor and not as an agent '~Or an employee of the OWNER. The ARTIST shall not be supervised by any employee or Off cal of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall b~ transferred by the ARTIST. Any such transfer shall be null .,and void and shall be cause to ~nnul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the s~rvices to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposa~,,and shall be carried out under the personal supervision of the ARTIST· The ~ARTIST..' must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE - Article 9. Termination If either party to this agreement shill willfully o~',negligently fail to fulfill in a timely and proper manner, or otherwise violate, any ,Of the covenants,, agreements or stipulations material to this agreement, the other party shall :t~ereupon have th~right to terminate this agreement by giving written notice to the defaulting] party of its intent to terminate specifying the grounds for termination. The defaulting pa~'y shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, th~n this agreement shall terminate. In the event of default by the OWNER, the OWNER sha!l~'promptly compensate the ART~IST for all services performed by the ARTIST prior to terminatiofi. tn the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products pr~pared and submitted or prepared for submission by the A...~TIST under this agreement shall at ih~e OWNER'S option become its property, provided thal"'no right to fabricate or execute the Art W, ork shall pass to the OWNER and the OWNER sh~l compensate the ARTIST pursuant to Articte 2 for all services performed reasonably wit~thold payments to the ARTIST until such time as the "exact amount of such dam.ages due' h.e OWN. ER from the ARTIST is de, termined...F. urther, the~,OWNSR sh,all retain / Article 1 O/Compliance ;g'~6i' General Terms '~' ~\ · 11. 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their rage, color, religion, sex, national origin, disability, age, marital status, gender identity, or/Sexual orientation. because of their race, color, d , gender identity, or sexual orientation. Project shall be as I Artist shall have the right to employ such assistance as may be required for the performance of the Project. /- 11.3 It is agreed by the Owner that all records and files pertaining to information needed by the Artist for the project shall be available by,~.~aid City upon reasonable request to the Artist. The Owner agrees to furnish all reasonable assistance in the use of these records and files. ' 11.4 At the request of Owner, the Artist s)aall attend such meetings of the City Council relative to the work set forth in this ~greement as deemed necessary. Any requests made by the Owner shall be giy~n with reasonable notice to Artist to assure attendance and shall coincide wi.tf~ trips to Iowa City already planned by the Artist pursuant to Section 1.2 and 1.3./, an t found invalid, it is agreed that the remaining portion sh I the invalid podion and continue in full force and effect. / '- 11.6 Fees paid for securing~pproval of"authorities having jurisdiction over the Project will be paid by Owner. / 11.7 U o ~ / p n s'gning this greement, Artist a~nowledges that Section 362.5 of the Iowa C.ode prohi bit.s .a ~ty officer or employee '~0m having a.n inter. est .in a contract with the c Article 12. Entire A~eement This writing emb '~ies the entire agreement and understanding ~een the pa~ies hereto, and there are no ot~C/agreements and understandings, oral or written,~jth reference to the subject matter hereof~.~'hat are not merged herein and superseded hereby. A~icle 13..~odification r in ", ' ~, the OWNER. '~, 9 ARTIST OWNER / Gregg Lefevre Ernest W. Le/~vlayor ATTEST / Marian K. I~rr City Cler~r shared/pcd/artist3 ,doc / / / / ~ ~ ~orney's ~ce / / /' / / / / / / / / / / / / ,/ / Prepared by: Karin Franklin, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-3.68 RESOLUTION TO ADOPT THE IOWA CITY PUBLIC ART PROGRAM PROCEDURES WHEREAS, the bylaws of the Public Art Advisory Committee require final approval of procedures for the iowa City Public Art Program; and WHEREAS, procedures for the selection, accession, donation, maintenance, aleaccession, and relocation of public art have been developed, providing for public input; and WHEREAS, the Public Art Advisory Committee recommended approval of said procedures at their April 6, 2000 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Public Art Program Procedures dated April 6, 2000 are hereby adopted. Passed and approved this 16th day of ~lay ,20 00 rove CI L City Attorney's Office It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin\res%artbylaws.doc IOWA CITY PUBLIC ART PROGRAM Procedures Site Selection .................................................................................................................................1 Accession .......................................................................................................................................2 Donated Work ................................................................................................................................2 Selection Processes ........................................................................................................................3 Acquisition Procedures ..................................................................................................................4 Maintenance ...................................................................................................................................5 Deaccession/Relocation .................................................................................................................6 Financial Donation .........................................................................................................................7 April 6, 2000 ppddir/pubartprocdr doc Site Selection The Public Art Program will advise the City Council on sites to be enhanced by the addition of art. The site must be public property (which may also include University of Iowa, state, county, or federal property), situated so the art is visible and accessible to all members of the community. Special provisions may be necessary to make the site and/or the work accessible to members of the community with disabilities. Additionally, the artwork must not seriously disrupt the flow of pedestrian or vehicular traffic or adversely alter the environmental conditions of the selected site. Consideration will be given to future and ongoing capital project sites to allow art to become an integral part of the project's design. While participation in any stage of the design plans would be beneficial for incorporating art in a project, the Public Art Program should strive to join the planning process as early as possible to ensure the feasibility of incorporating art in the selected projects. The program will not be limited to capital design projects, as that would eliminate the opportunity to improve existing public areas with the addition of art. Art in public places enhances the appearance of that area and need not be a part of a capital improvement project. Both sites and works should be chosen to encompass and boost the spirit of the community. The Public Art Program's initial focus is on areas frequented by a significant portion of the city's residents and visitors, such as the downtown area and city parks, as many people will be exposed to the art in these locations. However, the program will not be limited solely to areas with heavy pedestrian traffic, as installation of public art in neighborhood parks increases people's frequency and level of contact with the works. Though fewer people may visit the artwork in neighborhood parks, placement of art in these areas is vital to the public's involvement with art and the success of the Public Art Program. Structural and maintenance issues of the prospective artwork will also be considered when selecting a site, as some areas (particularly high traffic areas) will be prone to public interactions with the art. A work installed in these areas must be structurally sound to ensure the safety of the community as well as the longevity of the work. Furthermore, some sites may be more appropriate than others due to activities on or near the site. For example, proximity to salted streets may result in corrosion of the surface of the artwork. Finally, as public art tends to attract more people to a site, art should be chosen and installed with the anticipation of this increase in traffic to the site. ppddir/pubartprocdr doc I Accession All works of art purchased, commissioned or accepted as donations shall become property of the City of Iowa City. All City artwork will be maintained by the City and included in an inventory kept by the City' s Public An Advisory Committee (PAAC). The inventory must include: · title of the work · name of artist(s) · location of the work · year purchased/donated · purchase price (if applicable) · donor' s name (if applicable) · photographs of the work · dated records of the condition of the work · the artist 's description of brands and colors of materials used in creating the work · the artist' s recommendations for maintenance and repair of the work · all published material about the work All contracts for the acquisition of public art shall include provision for a reasonable time period within which the City agrees to keep the piece of artwork in the place for which it was commissioned, purchased or donated. This provision shall allow for removal or relocation of the artwork in the event the City Council determines that the place is needed for another public use. Donated Work: People wishing to donate artwork to the City of Iowa City must submit slides, a written description of the work, and a rationale for the gift. The PAAC will then review the submitted piece for: · quality · maintenance requirements · donor stipulations · safety issues of the piece · availability of an appropriate site · advice of the administrators at that site A contract including ,but not limited to, travel, installation and lighting costs, as well as plaques or any sort of published recognition of the donor (other than in the inventory) must be agreed upon before the work is accepted into the City's collection. If the PAAC approves the donation, then the City Council must decide whether or not to accept the donation. If a donation is accepted by both the PAAC and the Council, it becomes a part of the City's Public Art Collection and is documented by the same inventory procedures as listed in the accession section. ppddir/pubartprocdr doc 2 Selection Processes There are three standard ways of purchasing a piece of art: open competition, limited competition and direct invitation, all of which are described below. In addition to these, the City may acquire artwork through gifts. For each of the selection processes outlined, the Iowa City Public An Program Acquisition Procedures will be used. These processes may include commissions or the acquisition of existing works. We hope to encourage a diverse applicant pool. Open Competition: This is the most widely used and equitable process, and may solicit artists' participation locally, regionally, nationally, or internationally. Artists submit proposals in response to a public advertisement. The selection committee then reviews the proposals and recommends an artist or artists for acquisitions, or requests more detailed proposals from selected artists. Limited, Invitational Competition: The Public Art Committee recommends a limited number of artists on the basis of an interview or review of work. The artists are then invited to develop a site-specific proposal for a particular project. The artists are given an honorarium and all the necessary information, as in the "Open Competition," as well as the opportunity to present a model and proposal to the committee. The selection committee then reviews the submitted proposals and recommends acquisitions. This process might be most appropriate for art projects calling for collaboration between an artist and an architect or landscape artist. Direct Invitation: In this process, if there is a majority of the Public Art Advisory Committee that feels one artist is particularly well qualified for a project, s/he might be invited to submit a proposal and a model, thereby bypassing the competition process. This process may be suitable should the appropriate situation arise. ppddi~pubanprocdrdoc 3 Acquisition Procedures 1. Public Art Advisory Committee (PAAC) defines project, i.e. location of work or capital project with which art is associated, and method of selection. Methods of selection may include open competition; invitational competition; or direct selection. 2. PAAC defines parameters of project to be used in the call for artists or direct selection, develops a budget for the project, and drafts a proposed call for artists or artist selection for City Council approval. Public comment will be invited before the PAAC. For direct selection, proceed to step #8. 3. City Council considers proposal. 4. PAAC determines need for panel to work on selection process for project and identifies participants. Panels will include members of the PAAC, design professionals and representatives of the user group/neighborhood. 5. PAAC reviews initial submittals, which include the artist's experience and qualifications, references, and preliminary proposal(s) for the project or specific works of art, to determine compliance with the call for artists. 6. The panel, if convened by the PAAC, selects two or three semi-~nalists from the group of qualified artists submitted to the panel by the PAAC. The semi-finalists may be asked to submit refined proposal(s) and/or model(s). Semi-finalists may be paid a fixed honorarium, costs of travel and a per diem, depending upon the approved budget. 7. The PAAC reviews the submittals of the two to three semi-~nalists. The artist(s) may present their work at a public meeting. The artists' work is displayed in a public place for up to one week. Written comments from the public will be invited during this week. A public forum is held for discussion and input to the Public Art Advisory_Committee on selection of the preferred artist. The PAAC recommends the finalist to the City Council. 8. City Council approves or denies the selection. Denial requires direction to the PAAC from the City Council and beginning the process again at the appropriate step. 9. After an affirmative vote by the Council, the PAAC works with selected artist on refinement of concept, timeframe for completion of work, final budget, and approves the contract for work. 10. PAAC recommends contract to City Council. 11. City Council approves contract. ppddir/pubartprocdr doc 4 Maintenance Before a work is accepted into the City's collection, the artist must submit: · a detailed list of exact types, brands and colors of materials used, · a summary of cleaning instructions, and · estimated am~ual maintenance needs and costs in dollars. This information will be kept on file with the inventory of the City' s collection. Any maintenance or restoration responsibilities the artist might have must be clearly explained in the contract and agreed upon before the work becomes a part of the City's collection. Unless otherwise stated, once a work is part of the collection, the City assumes all maintenance responsibilities for the work while the work remains part of the City' s collection. A maintenance and inspection schedule suitable for the site and the work will be discussed with the artist and implemented upon possession of the work. Complete records of inspections, cleanings and conditions of the works will be kept on file in the inventory. If a work in the City' s possession becomes damaged in any way, the City may contact the artist to see if s/he can make the necessary repairs, or contact the necessary agencies or conservators to repair the work. ppddir/pubartproc, drdoc 5 Deaccession/Relocation After due consideration, the PAAC may recommend and the City Council may authorize the removal of a work from the City of Iowa City' s Public Art collection. It is Iowa City's policy to remove a piece only if one or more of the following situations exist: · the artwork in its present state poses a safety hazard to the public or the environment · restoration of the work aesthetically and/or structurally is not feasible, or the expense of such restoration would be disproportionate to the value of the work · the architectural support (building, wall, streetscape) is to be destroyed and relocation of the work is not feasible · prolonged protest of the work persists to the extent that the work detracts rather than enhances the site and the community · the work acts as an encumbrance to the use of public property · the public use of the site has changed or is proposed to change in a manner that is no longer compatible with the artwork. If a work is to be moved/modified, the artist must be notified before the change, if at all possible. In the instance that a work must be removed from the City's collection, the artist must be notified and given the opportunity to purchase the art from the City. In all situations, the rights of the artist will be respected as defined in the Visual Artists Rights Act of 1990, unless waived by the artist. ppddir/pubartprocdr doc G Financial Donations The City of Iowa City welcomes any financial donations to the Iowa City Public Art Program. Donations are tax deductible and can be specified for a specific project or added to the public art fund. ppddiffpubanprocdrdoc 7 Site Selection he Public Art Program will advise the City Council on sites to be enhanced by" addition art. The site must be public property, situated so the art is visible and acces to all members o e community. Special provisions may be necessary to make the site a /~ te work accessib to members of the community with disabilities. Additionally, the rtwork must not seriously disr t the flow of pedestrian or vehicular traffic or adversely alte the the project's design. While participation in stage of the design plans would be beneficial f~ incorporating art in a project, the Program should strive to join the planning process a early as possible to ensure the of incorporating art in the selected projects. ..... e as that would eliminate the enhances the appear~ce of that aea ~d need not be a capital improvement project. frequented by a signific~t potion of the city's residents and visitors, such as the ~ area ~d city parks, as many people will be exposed to the a~ in these locations. program will not be limited solely to areas with heavy pedestrian traffic, as installation of ic aa in neighborhood parks increases people's frequency and level of contact with i Though fewer people may visit the aawork in neighborhood parks, placement ~ .e areas is vital to the public's involvement with an ~d the success .lic Aa ~grm. Structural and mainten~ce ' aawork will also be considered when selecting a site, as some geas y high will be prone to public interactions with the aa. A work in these areas stmct~ally sound to ensure the safety of the community as well longevity of the work. some sites may be more appropriate than others activities on or neg the site. r example, proximity to attract more people to a site. shou t , t increase in traffic to the ~ ' / ", ppddir/puba~ptocdr doe / Accession works of art purchased, commissioned or accepted as donations shall beco / include: / / / · title of the work · name of artist(s) · location of the work .. · year purchased/donated · purchase price (if · donor' s name (if applicable) · photographs of the work · \ / · ,. s of material?'Used in creating the work · the artist's recommendations for maintenance and rephir of the work · all published material about the work / .All c.on!racts .for the ac. quisition of public arts .a/ll include pro. vision for a reason. able. time artwork in the event the City Council deter~i/nes that the place is needed for another public use. / Donated Work: / · eple wishing to donate artwc~nalo the City of Iowa City r~st submit slides, a written description of the work, and a rati the The PAAC then review the submitted le for gift. Will piece for: · quality · mai tenance require '.. o or stipulations / · safety issues of th piece · availability of a appropriate site · advice of the ministrators at that site ".. ,4 contrac including, but not limited to, travel, installation and lighting costs, as well as plaques or y sort of published recognition of the donor (other than in the inventory) must be agreed up n before the work is accepted into the City's collection. ",, the PA. AC approves !he .donation, then the City Council must decide .wh.ether or no to .... ct~on. ppddir/pubartprocdr doc 2 Selection Processes ere are three standard ways of purchasing a piece of art: open competition, com and direct invitation, all of which are described below. In addition to thes City may through gifts. For each of the selection processes outlined, the City Public Art Pro am Acquisition Procedures will be used. These processes may ' commissions e acquisition of existing works. Open Comt This is the used and equitable process, and may solic participation locally, regionally, ly, or internationally. Artists submit propos~ in response to a public advertisement. The selectk committee then reviews the proposals recommends an artist or artists for acquisitions, or rec ,sts more detailed proposals from sel~ artists. Limited, Invitational Com The Public Art Committee a limited of artists on the basis of an interview or review of work. The are then invited to a site-specific proposal for a particular project. The artists are given honorarium and the necessary information, as in the "Open Competition," as well as the o' to and proposal to the committee. The selection committee then proposals and recommends acquisitions. This process might be projects calling for collaboration between an artist and an architect or landscape Direct Invitation: In this process, if there is a majority < Public' Advisory Committee that feels one appropriate situation arise. ppddir/pubartprocdr doc 3 Acquisition Procedures 1 .~k'X Public Art Advisory Committee (PAAC) defines project, i.e. location of wo o/~ capital with which art is associated, and method of selection. Methods of selection may ~e open project competit~In; invitational competition; or direct selection. approval. Publ~ment will be invited before the PAAC. For dir~t selection, proceed to step ~8. 3. City Council X~ers proposal. user group/neighborhood. ""X ~ representatives of the with the call Br aaists. x,, 6. The panel, f convened by the PA~'~"}elects ~o or three semi-~nalists from the ~oup of qual~ed artists submitted to the panel by'~h~ P~C The semi-~nalists may be asked to submit / . eviews the s ~ittals of the tw to tkee semi-finalists. The a~ist(s) may present 7 The PAAC r ' ' ' . ' ' ' ' ' ek. PAAC recomends the ~fialist to e PA r e step. 9 A ~fimative vote by the Council, the PAAC wor ith selected a~ist on refinement of . ~er an concept, timef[~me Br completion of work, final budget, and appro~s the contract Br work. 10. P~'C recommends contract to City Council. 11. ,,City Council approves contract. / / / // / ppddir/pubanpro~rdoc Maintenance Before a work is accepted into the City's collection, the artist must submit: a detailed list of exact types, brands and colors of materials used, · a summary of cleaning ipstructions, and · estimated maintenance nbCds. This information will on file with the inventory r's collection. Any maintenance or restoration res Mlities the artist might have be clearly explained in the contract and agreed upon before the becomes a part t's collection. Unless otherwise stated, once a work is part the collection, the Cil all maintenance responsibilities for the work while the ,rk remains part o City's collection. A maintenance and inspection schedule suitable for the and the be discussed with the artist and implemented upon possession of the work. 3mplete of inspections, cleanings and conditions of the works will be kept on file i: If a work in the City's possession becol ed in any way, the City may contact the artist to see if s/he can make the necessary repai or contact the necessary agencies or conservators to repair the work. ppddir/pubartprocdr doc 5 Deaccession/R elocation After due consideration, the PAAC may recommend and the City Council may authorize the removal of a work from the City of Iowa City's Public Art collection. It is Iowa City's policy to remove a piece only if one or more of the following situations exist: · the artwork in its present state poses a safety hazard to the public or the environment · restoration of t'he work aesthetically and/or structurally is not feasi'ble, or the expense of such restoration would be disproportionate to the value of the work., · the architectural support (building, wall, streetscape) is to he' destroyed and relocation of the work is not feasible · prolonged protest of the Work persists to the extent thai'the work detracts rather than enhances the site and the community ,- ,. · the work acts as an encumbrance to the use of p~01ic property · the public use of the site has changed or is pr6posed to change in a manner that is no longer compatible with the artwork. / If a work is to be moved/modified~.,ihe artist must be notified before the change, if at all possible. In the instance that a work must' be r~moved from the City's collection, the artist must be notified and given the opportunity 16 purchas'~·,the art from the City. In all situations, the rights of the artist will be respected ,ai defined in the Visual Artists Rights Act of 1991, unless waived by the artist. /" '\ / \ / \ // \ / '\, ...... \ / ppddir/pubartprocdrdoc 6 Financial Donations The City of Iowa City welcomes any financial donations to the Iowa City Public An Program. Don~ions are tax deductible and can be specified for a specific project or a,cJd~d to the public art fund. ',,\\ //" \ // / // / / / / / ppddir/pubarlprocdrdoc 7 PROPOSED AMENDMENTS TO ITEM NO. 7, "CONSIDER A RESOLUTION TO ADOPT PROCEDURES FOR THE IOWA CITY PUBLIC ART PROGRAM" May 16, 2000 Steven Kanner Plain Type is present wording that will stay they same. Bold Type is proposed amendment Amendment #1 (page 1 [p. 162 in Council Packet]) - "Site Selection" (paragraph No. 1) ...The site must be public property (which may also include The University of Iowa, state or federal property), situated so the art is visible and accessible to all members of the community. Amendment #2 (page 3 [p. 164 in Council Packet]) - "Selection Processes" O~aragraph No. 1) There are three standard ways of purchasing a piece of art: open competition, limited competition and direct invitation, all of which are described below. The preferred method shall be "open competition." Amendment #3 (page 3 [p. 164 in Council Packet]) - "Selection Processes" (new paragraph No. 5) Enconra~,in~, Diverse ADnlicants & Being, Proactive In Selection of Artists Whereas there will often be many quality artists to chose from in purchasing art for Iowa City and; Whereas, among these quality artists the City of Iowa City wishes to encourage Iowa City and Iowa artists and; Whereas the City of Iowa City which to encourage the expansiveness of the applicant pool and encourage diversity; Therefore, the Iowa City Public Art Program Acquisition Procedures will give extra credit to an artist in consideration of selection if they voluntarily note on their proposed art submittal application that they are: 1) a resident of Iowa City and/or; 2) a resident of Iowa and/or; 3) a person of color and/or; 4) a woman and/or; 5) a person with a recognized ADA (Americans with Disabilities Act) disability. 05-16-00 8 Prepared by: Marcia Klingaman, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 00-169 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council allocated $25,000 for Fiscal Year 2001 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood, and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations have been responsible for: -developing the criteria and format for the grant application, -establishing a method of evaluating the applications, -reviewing and evaluating the applications, -submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year and reporting to the City Council, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has reviewed the applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2000. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Passed and approved this 16th day of May, 2000 neighbor/res/pingrant+doc Resolution No. 00-169 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn (Attachment A) 2001 PROGRAM FOR IMPROVING NEIGHBORHOODS (PIN) GRANT APPLICATIONS COMPUTERS FOR KIDS Wetherby Friends and Neighbors $4000 ALLEY GRAVEL lIESURFACING Longfellow $200 SIDEWALK REPAIR Longfellow $5000 RETAINING WALL FOR BUS SHELTER Longfellow $3500 PLANNING FUNDS FOR CERP West Side Drive $4000 BENTON STREET PARK IMPROVEMENTS Miller Orchard $5000 TOTAL $21,700 STORMWATER DETENTION FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Smith-Moreland Properties, an Iowa General Partnership (hereinafter referred to as "S-M"); and the City of Iowa City, Iowa, a Municipal Corporation (hereinafter referred to as "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar and other valuable consideration, receipt of which is hereby acknowledged, S-M hereby grants and conveys to the City an easement for the purpose of using and op- erating existing stormwater control facilities and storage areas otherwise known as a "Storm Water and Management Basin" over and across the areas designated as "Stormwater Detention Basin Ease- ment" on the following-described real estate located in Johnson County, Iowa: Lots 12, 13 and 14 of West Side Park Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 24, at Page 45, of the Records of the Johnson County Recorder's Office. S-M further grants to the City the right to use and operate said easement areas for stormwater management only, and for no other purpose. Neither S-M nor the City shall erect or construct any build- ing, fence or other structures in said easement area, plant any trees, drill or operate any well on said easement area; or con- struct any obstructions on said easement area. S-M and its successors and interests and assigns shall main- tain the easement areas from weeds and debris. S-M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in, and furthermore, S-M and its successors and inter- ests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas. S-M covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. It is further agreed that S-M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities or the easement areas. However, the City shall have the right, v :, 2137 129 but not the obligation to enforce the terms of this agreement and to perform emergency maintenance upon the facilities at S-M's cost without notice. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this ~ day of ~ U~k , 1996. CC P0R iE SEAL CITY OF IOWA CITY, IOWA By: Na~m~i JO N~v~ick, Mayor Attest: Mar~an K. Karr, City Clerk r By ' ' SMITH-MORELAND PROPERTIES, By: """" Sandra'J. M lan General Partner STATE OF IOWA ) ) SS: JOHNSON COUNTY ) n thi ~a day of A l~'a~ ~ 1996, before me the 0 s b , , undersigned, a Notary Public i nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally -known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal 2137 i, cE i30 corporation by authority of City council of said municipal corpo- ration; and that Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. / " in~adf~orthe~~ Notary Public n State of Iowa STATE OF IOWA ) JOHNSON COUNTY ) On this %<~jc~ day of J'{Un~ ~ ' ' ' ~c~ 1996 before me the un- dersigned, a Nota~ ~lic in a for the state, personally ap- peared John W. Moreland, Jr. and Sandra J. Moreland, to me per- sonally known, who being by me duly sworn, did say that the per- sons are the partners of Smith-Moreland Properties, an Iowa Gen- eral Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledged the execution of the instmment to be the voluntary act and deed of the pa~nership by it and by the partners volun- tarily executed.  SUSAN GERECZ ~0.~ ~a~ ~1iC in and ~0= ~he S~a~e o~ ~o~a q:~4~7~.~ ',':- 2137 131 City of Iowa City MEMORANDUM Date: May 16, 2000 To: Iowa City City Council From: Neighborhood Council of Iowa City Re: FY2001 Program for Improving Neighborhood (PIN) Grant Recommendations The Neighborhood Council of Iowa City (NCIC) has recently reviewed the FY2001 grant applications presented by various neighborhood associations for funding through the Program for Improving Neighborhoods (PIN) Grant program. This is the sixth year the City has made $25,000 in PIN funds available to neighborhood associations to make improvements in their neighborhoods. The Neighborhood Council developed the program guidelines, the ranking criteria, and process for evaluating the applications. The NCIC has formulated a recommendation for the funding of Fiscal Year 2001 PIN grant funding for your review and approval at the May 16, 2000 City Council meeting. This year, nine applications from five neighborhood associations totaling $29,800 were reviewed. The Neighborhood Council reviewed the applications, clarified details, ranked the applications and recommended funding levels. Prior to final ranking of the applications, two applicants reduced their funding request and one was withdrawn as it was felt that funding should be pursued later. The Parks and Recreation Commission also reviewed three of the grant requests at their May I0, 2000 meeting. They expressed concern regarding the two West Side Drive Neighborhood Association grants involving the Planning and Implementation of the CERP (Conservation, Education and Reclamation Project) because the areas to be improved are private property. They also felt hesitant about the potential for the project requiring ongoing funding requests to the City. They did not express any concerns regarding the Benton Street Park Improvement Grant. The following is a summary of the grant requests and funding recommendations: COMPUTERS FOR KIDS - Wetherby Friends and Neighbors Requested - $4000 Recommending - $4000 The application requests funding for the purchase and installation of two complete computer systems that will be located at the Broadway Street Neighborhood Center. Wetherby Friends and Neighbors feels that this contribution to the neighborhood center will strengthen their neighborhood by creating learning opportunities for the children of the neighborhood and access to up to date computer systems. Neighborhood Center staff will provide the technical support and be responsible for ongoing maintenance and supplies. REZONING A PORTION OF GOVERNOR AND LUCAS STREETS - Longfellow Requested - $400 Recommending - $400 The application requests funds to pay for costs associated with the rezoning application and process including the application fee, mailing, photocopying, photographs and long distance calls expenses. ALLEY GRAVEL RESURFACING - Longfellow Requested - $400 Recommending - $200 The application initially requested $400 but it was determined that there was unexpended funds from FY2000 PIN grant funds so the application request was reduced. The project involves the applying of rock in neighborhood alleys to maintain a more level surface. Typically, because property owners are responsible for the cost of maintaining alleys, it is difficult to make improvements to a continual length of alley particularly if the adjoining property owner is an absentee landlord or low income. This would be the third year for the program. SIDEWALK REPAIR - Longfellow Requested - $5000 Recommending - $5000 The application requests funding to assist low/moderate income or elderly residents replace sidewalks adjoining their property as required through the City' s Sidewalk Inspection Program. The Longfellow neighborhood is due to have their sidewalks inspected and marked this spring with sidewalks required to be repaired by Fall, 2000. RETAINING WALL FOR BUS SHELTER - Longfellow Requested - $5000 Recommending - $3500 The application will fund the construction of a retaining wall in preparation for a new bus shelter at the NE comer of Burlington and Summit Streets. The current grading of the area requires that a retaining wall be rebuilt to accommodate a bus shelter. The location is a stop for many bus riders. The Transit Department has not pursued a shelter due to the retaining wall expense. The initial funding request was reduced when more competitive bids were received for the required improvements. PLANNING FUNDS FOR CERP (Conservation, Education and Reclamation Project) - West Side Drive Requested - $5000 Recommending - $5000 The application focuses on improving the natural area noah of West Side Drive that includes a water detention basin, wooded/grassed areas surrounding the basin, and portions of Willow Creek and its tributaries upstream from the detention basin. The detention basin serves and is the property of condominium associations in the West Side Park Addition. Although a storm water detention facility easement agreement places maintenance responsibility for the facility and easement area with the condominium owners, the current owners were not aware of this obligation so no funds have been set aside for this maintenance responsibility. The $5000 grant application includes the cost of developing a plan ($4000) to define the necessary improvements for the area and cost for some improvements ($1000). The area has not been regularly maintained since development of the subdivision and substantial improvements are necessary. The Creek Maintenance Program has contributed approximately $10,000 of FY 2000 funds to the project to help clean up all dead trees and materials and additional requests are expected. CONSERVATION, EDUCATION AND RECLAMATION PROJECT (CERP) - West Side Drive Requested - $5000 Recommended - $1900 This application requests funding for some of the improvements suggested by the Johnson County Soil and Water Conservation District for the area (same as above). The requested amount was reduced from $5000 to $1900 as that was the balance of funding available from the annual $25,000 appropriation. BENTON STREET PARK IMPROVEMENTS - Miller Orchard Requested - $5000 Recommended $5000 The application requests funding to make improvements to the new Benton Street Park. The neighborhood hopes to make some initial improvements prior to funds being available through the Park and Recreation Department in July 2001. SOUTH POINTE HOUSE WARMING - South Pointe Requested - $5000 Recommended - $0 The application requested funding to provide vouchers to Welcoming Baskets prepared by the neighborhood to offer to new neighbors of South Pointe. This application was withdrawn by the neighborhood prior to the application review. They felt that there were more worthwhile applications submitted and would prefer to wait or reevaluatc a future PIN grant application. Attached are the applications with supporting documentation. Marcia Klingaman will be available at your May 15th Work Session to answer questions you may have. The neighborhood association's representatives will provide a brief presentation of the recommended 2001 Program for Improving Neighborhoods (PIN) Grants at your May 16 formal City Council meeting. We look forward to discussing the 2001 PIN Grant applications with you then. PROGRAM FOR IMPROVING NEIGHBORHOODS Name of Project: Name of Neighborhood Association: Computers For Kids Wetherby Friends and Neighbors Name/Address/Phone Numbers of Contact Location of Proposed Project: Persons: Jerry Hansen Broadway Neighborhood Center 1237 Burns Ave. 2105 Broadway Iowa City, Iowa 52240 Iowa City, Iowa 52240 Amount of Funds Requested: Time Period of Proposed Project: $ $4000.00 ( 2 computers From: July 2000 w/printers ) To: A. General List and Description of Activities with estimated time line:(please. indicate if this project will or could be phased over a number of years) No timeline, we would like place these two computers in July. Add additional pages if necessary. B. Describe the process used to solicit neighborhood input into this funding request and summarize results: Instead of a newsletter that we do not receive much input from we called 100 of our neighbors and asked their opinion. Results were positive. 83-good idea, 11-other ideas, 5-no opinion, 1-requested I put the money where I can not say here. Add additional pages if necessary. C. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volun- Cash Antici Com- teer pated mitted 1.PIN Grant [~1 x2 [~3 x4 2.Dell Computer [~5 x6 x7 [~8 3. ~9 [i]10 Jill1 [ih2 4. ~113 ~lm 4 ~15 F~l 6 5. ~117 ~1~8 ~9 F~2o 6. F~2 1 F~2 2 ~2 3 ~12 4 Page 2 PROGRANFORIMPROVINGNEIGHBORHOODS D. Why is this project needed and what are its goals? We are trying to create things for our youth to do that will not only keep them off of the streets but teach them something like computer skills. Add additional pages if necessary. E. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes. The children using the Broadway Neighborhood Center have very limited access to the Internet and this will expand the number that can have access. Add additional pages if necessary. F. Could the project occur without PIN funding? No. The Broadway Neighborhood Center has no funds available to buy new computers. Add additional pages if necessary. G. Could the project operate with less funding? We could place one computer now but we actually would like to place six. Since we do not have the means to place six we feel that the two are necessary now. Add additional pages if necessary. H. Will the project continue after the PIN funds end? Yes No x (If yes, what sources of funding will you use?) Add additional pages if necessary.. ESTIMATE PROJECT COST BREAKDOWN EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies ~ 4000.00 ~ J. Project Materials K. Professional Services L. Contracted Improvements M. Other Costs (List) TOTALS $ * ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET neighbor~pinfund.app NaN of Pr0jecC Name of Neigbb0rh00d Association: Re-zoning a portion of Governor and Lucas St. Longfellow NeighboFhood Assoc. gamelAdd~u/Pbeae gumboa of C0nact PeaonE Lindion of PropHod Proloeb 510 S. Governor St. 443 S. Governor St. Street at the ~d~othese streets. Iowa Cit~r, Ia. 52240 Iowa City, In. 52240 354-8671 · 354-7358 Esdmaxsd Anmsm of Fends liequested: Time Pealed ef Prelmsad Preje~ $400 Feb. 2000 to June 2000 General List aed Descrilstioe of Activities wi~ estimated tim lies: (Igem isleate if iMs Frojeer will or conM be pbeaed mr n Fmbr of years} Re-zoning application was ~ed in Feb. and is on the March 16th Planning and Zoning Commission meetix~. This application must go through 2 readings at P as Z and then go to City Council. Should take at the longest 6 months. Add additional pages if necessary. Describe the process used to solicit neighborhod input into this funding request and $mmuarize results. Serious discussion of down-zoning has occurred on a personal basis during the past few months. It was published in the LNA and Longfellow PTA newsletters. It was hand delivered or mafied to all property owners in the area. At the March 1, 2000 LNA annual meeting a presentation will be made. It was voted on at the LNA board meeting to support this re-zoning and to loan funds to apply for this. Add additional pages if necessary. List the names of potential resources (neighborhood and other) that will be utilized in this preJec** Type Status Volunteer Cash Anticipated Commit :ed City Planning Dept. X Historical Preservation Commission X Friends of Historical Preservation X City Accessor Office X Neighborhood residents X X X Pap 2 mO~RAM FOR gllP!lOVl#6r BIGII~ORilOOD$ What am ths D0ab fur this pr0am and wbV Ls it needed? The goals of this project is to perserve the historical integrity of the neighborhood. It is needed because of large scale apartment developement starting to happen in the area. ADO aoolgonm pages iT necessary. Des this project beaefit 10~inc0me, elderly, you~ or ether disadvantaged youth? If yes, please explain. This may help keep lower cost rental units avaUable in the area, It may also help keep a safe enviroment for children and the elderly, by keeping traffic down and lower population density, Add additional pages if necessary. CoeM the project occur without PIN fending? Yes, but would reqube fund Add additional pages if nec~__ury_. Could tim project qsrat8 ~ Im funding? Yes, if fundraising is done. Add additional pages if necessary. Will the project contime after Tile PiN funds end7 Yes NoXX (if yes, what sources of funding wi~ yea use?) Add additional page~ if necessary. ESTIMATE PROJECT COST BREAI(DOWI~ EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS Equipment/Supplies ; ; Project Matedls Professional Services Contracted Improvements * Other Costs (List) Zoning AppllcaUon Fee 365 Costs of mailing, copying, printing, photos, and long distance phone calls 35 50 Neighborhood residents TOTALS * 400 , 50 , ' ,:o,, g,,,.sow ,,a IV ,a,,sos,,oo,,s Name of Project: Name of Neighborhood Association: .ajJ.tey G~vel Resu_~faehtg Longfellow NeJ~hborhoo~ Asso~. Name/Address/Phone Numbers of Contact Perseus: Location of Proposed Project: Lorraine BoaFans Alleys in Longfellow Neighborhood 510 S. Governor St. Iowa City, Ia. 52240 354-7358 Esdmted Aremint of F.nds Req.ested: Time Period of Pfeposed Project: $400 July 2000 to June 2001 General List and Desedition of Activities with estimated thee gee: (idause indicate if this project will or could be phased over s number of years) To re-rock ageys in the LN as needed. This is the 3rd year for this project and rock lash 1-2 years. Add additional pages if necessary. Describe the process esed to colicit neigMlerlieed input into this funding relent and smmsdzs results: The informaUon is published in the LN newsletter and by word of mouth. Add additional pages if necessary. List the names of Futeutial resources (neighborhad sad other} that will be gtilized in this projar Type States City of Iowa City is used to haul and spread the rock. Page IOGRAN FOR BIPIIOVING BIGHDOIIHOOD$ What are the goals fur this project and why is it needed'/ It is needed to keep the alleys in good driving condition, and to help with draining problems. Rne aomoonm pages st necessary. Does this project hoefit Io,income. elderly, youth ur other aLasheal_ned youth? If yes, please explain. The city does not maintain the alleys. If an alley is to be rocked the property owners must pay for the rock. Some residents do not have the finances to pay for it. Add additional paw if necessary. Could die project occur witbeet PIN fundiN? Only at the expense of individual property owners. Add addit/0nal paOes if Could the project elmrate with Im funding? It's possible Add aciditionai pages if mary. Will the project conenee after The PiN funds end7 Yes No t,T (if yes, what sourcoe of funding will you use?) Add additional pages if necessary. ESTIMATE PROJECT COST BREAI(DOW~ EXPENSE CATEGORY PIN FUNDS OTHER FUNDS UST SOURCE OF OTHER FUNDS Equipment/Supplies Project Materials 400 Professional Services Contracted Improvements Other Costs (List} TOTALS $ 400 $ $ ' Name of Project:. Name of Neighborhood Assocjatjon: Sidewalk repair Longfellow Neighborhood Assoc. gamelAddast/Pheae Numbers of Contact Persoe~ Location of Proposed Projevc Lcrratne Bowarts Throughout the Long/allow NetghboFhood 5 lO S. Governor Tows City, Is. 52240 354-7358 Estimated Amount of Funds Requested: T;me Period of Proposed Project $5,000 From: May 2000 To: XovembeF 2000 I II GenersJ List and _Descr_.iptioe of Activities with estimated thee fine Ldsm indicate if this project will or could be phased over a number of years) Replace (city tuRFkarl) damaged sidewalks. This pFoJect must be done in this calendar year. It is LN turn to have Jt's sidewalks TapsiTed. The sidewalk repair program is a City program. Add additional pages if necessary. Describe the process used to solicit neigld~rhoed input iMo thic funding request and searim rosalIE. This project was described in 2 LNA newsletters. It will be discussed at the annual meeting March 1, 2000 It was requested at a board meeting to apply for funds. Add addid0nai pages if ;mcessary, List the names of potential rosou~es (neighborbond and other) that mTI be utilized in this project Type Status Volunteer Cash Anticipated Committed 1.Planning and implementing project. [] [] [] ~ Page 2 mO~ilAJf FOIl KP/IOVI, f~ BIG!I~OIlt/OOD$ What are the goab fur this project and why is it needed? To assist low income residents with the cost of replacing damaged sidewalk squares. Sidewalks in the area have deteriorated and the City has marked several squares that most be replaced. The entire area will be marked this spring. Many residents in the neighborhood are elderly and could use assistance in locating a contractor. Add additional pages if necessary. Does this project benefit low-income, aidefly, youth or ether disadvantaged youIll? If yes. please expbin. Low income residents who meet HUD Guidelines will get first consideration for the funds to have the sidewalks replaced at no co~t to ther~ The second consideraden will be to assist those residents who need sidewalk replacement but don't meet the HUD Guidelines by paying a portion of the replacement cost at 1/2 the cost of replacement. We hope to have a coutrator lined up by April I who would be able to give us a group rate and to have the work dodne in a timely manner. Add additional pages if nece_~_e_ary. CouM tim project enter witJteet Pill fundkg? No, group rates may not be possible and them are no funds available for low income residents tq replace the sidewalks at no cost. (City mints for sidewalk replacement run between $70.00 and $120,00) Add additional pages if necessary. CouM the project ope~aie with less funding? Yes, but would require low income residents to pay a portion of the replacement costs which may not he possible. Add additional pages if necessary. Will the project continue after Tie PiN funds endT Yes No X (If yes, what seerces of funding will yea use?) Add additional pages if necessary. ESTIMATE PROJECT COST BREAI(DOW~ EXPENSE CATEGORY PIN FUNDS OTHER FUNDS UST SOURCE OF OTHER FUNDS EquipmentlSu~lies * ~ Project Materials Professional Sin'vices Contracted Improvements * Other Costs (List) Sidewalk replaced at no cost 3000.00 sidewalk replaced at 1/2 cost 2000.00 residents contribution "Reduced ram? TOTALS $ S $ ' We are still looking for a contractor. Individual properties may apply for Hist. Prey. funds. Page 2 General List and description of Activities and Estimated Time Line May. June 2000 Finalize construction plans with contractor, transit staff and property owners. Obtain necessary permits (sidewalk closing). Identify any utility lines. July - August, 2000 Escavate area and construct retaining wall in preparation for the city installing the concrete pad and bus shelter. Describe the process used to solicit neighborhood input into tbb funding request and summarize results: The Longfellow Neighborhood Plan encourages the use of alternate transportation. The Longfellow Neighborhood Board of Directors approved the this grant application at its February meeting. Our February 2000 newsletter solicited ideas for PIN projects. Our general meeting will fall on the grant deadline, March 1st. We intend to discuss and vote for approval of this particular grant. We will submit the results of that discussion in writing on the following day. This meets with the Neighborhood Services Coordinator's approval. List of names of potential resources that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1. Pam Ehrhardt, contact person I~1 ~ i~1 ~ 2. IC Transit Department ~ ~ ~ ~ 3. Private Contractor I~1 ~ I~1 ~ Does this project benefit low-income, elderly, youth or other disadvantaged youth? frye, please explain. Yes, it will benefit those using the bus transit system, including elderly, youth and low-income. Many eldedy in our neighborhood do not have the use of cars and use the transit system. A bus shelter will provide a more hospitable place to wait for the bus. The bus shelter is handicap accessible and the pad provides ample room for wheelchair occupants to enter appropriate buses. Could the project occur without PIN funding? No, the Transit Department has indicated they are unable to include the retaining wall expense at that location. Could the project operate with less fading? Yes, a lesser quality retaining wall and less landscaping could be contracted for. Wffi the project continue after the PIN funds end? This project will end with the erection of the bus shelter. Page 3 I.~, I I\1 \ I I I'1~(;,11. ( I ( ()', I I~,RI \lxl)()~\ \ EXPENSE CATEGORY NIP FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS Keystone Retaining wall $5000 4'x10'x16' Removal and disposing of existing block retaining wall and escavate as needed Landscaping around new wall Lay down of concrete pad $150 IC Transit Department Purchase and erection of bus shelter $3500 IC Transit Department TOTALS $5000 $3650 Iowa City Landscaping 520 Hwy. 1 West Iowa City, IA 52246 (319) 337-8351 Ikme Date Longfellow Neighborhood Assoc. c/o Pam Ehrhardt 2.29.2000 Bus Stop Shelter CIh,, Sl~e a~d Zip J~i Lq3t..t~km Comer of Summit and Buffington St. ~ FAX R'.ole~ Dl[ector 399-9971 MS WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: J.ob Description: Remove a section of concrete block retaining wall approximately 14' long (westernmost end of existing wall). Make a soil cut approximately 10' x 16' x 4' to accommodate new Keystone wail. Shrubbery removal to include: t forsythia, 2 barberry, 2 junipers. Construct new wall per sketch below. The end of the new wall cannet be "mated" with the sxjsting wall, but every effort v~ll be made to make a clean transition between old and new materials. Install barfief planting on top of new wall per sketch. Mulch area with bark mulch. Removals/disposal $1.120.00 Saw~utting $ 70.00 Traffic control $ 95.00 122 8" Keystone, installed (gray or taupe?) fac..~l.ft.$ 24.00 $ 2,928.00 8 3/8" drainage stone, installed cjj.yd. $ 40.00 $ 320.00 2 Juniper of choice 5 gel. $ 35.00 $ 70.00 5 Red barbern/(not dwarf) 2 gel. $ 26.00 $ 130.00 Prep. and installation of plantings $ 120.00 160 Hardwood bark/Preen herbicide, installed sq.ft. $ 0.70 $ 112.00 35 Spade edging, installed - , fin.ft. $ 0.70 $ 24.50 ~ .- ,, Sub. $ 4,989,50" IO'~O~.t Page 1 ,/' CITY OF IOWA CITY 1200 S R~VERSIDE DRIVE IOWA CITY, IOWA 52246 (319) 356-5154 RON LOGSDEN FAX (319) 356-5155 Transit Manager ron_logsden@iowa-city, org ~cb~ 24, 2000 ~am E~h~dt 1029 E Cou~ Sffcet Iowa Cit~, IA 52240 Dear ~am, · hc Longfellow neighborhood ~socjatjo~ is app]yin~ [or a ~rant to pay ~or wall at the comer of Su~it ~d ~url~ton Streets in Iowa City in ord¢r to locate a bus shelter at that location. That is a well utilized stop ~or ~owa City ~ra~sit ~d we would scc jt as a ~eat be~c~t to the dde~s ~om the neighborhood to have a shelter to out o~ the elements w~]e they ~e waitin~ ~or the bus. It is my u~derst~din~ that you have a~cady secured pe~issjo~ ~om ~e p~ope~y o~er to locste the bus shelter private prope~ at that location. I~ you ~e success~l in secud~ a ~at to pay [or the ret~jnjn~ wall, Iowa City ~r~sit will provide a bus sheIter, po~ a cement pad ~o~ the shelter ~d maintain the shelter. Ba~ O'Co~or at Iowa City Trysit cag provide you with the dimensions ~or rctai~i~ wall to ensure it will acco~odatc the bus shelter ~d meet the requirements the ~edc~s with Disabilities Act. You c~ reach B~ at 356-5 ~50. ]oo~¢d sedous]y at ]ocati~ a bus shelter in that location due to the expense o~bui]din~ the retaini~ wall on top o~p~ch~in~ the shelter a~d pourjn~ the pad. T~ou~h a cooperative effort, it mav b~ [casiblc. Good ]uc~ with ~our 8ragt. Sincerely, ~on Lo~sden Trysit CIVIC CENTER ® 410 EAST %'ASHINGTON STREET · IOWA CITY, IOWA 52240 · (319) 356-5000 Name of Project:-, Name of Neighborhood Association: ..,.....,,.0..~....0,.;0...,,..0..:~0.~~.~:.,~ ~4~~o Estimated Amount of Funds Requested: Time Period of Proposed Projec~ Add additional pages if necessary. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status What are the goals for this project and why is it needed? Add additional pages if necessary. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Add additional pages if necessary. Could the project occur without PIN funding? Add additional pages if necessary. Could the project operate with less funding? Add additional pages if necessary. Will the 'project continue after the PIN funds end? YesX No (If yes, what sources of funding will you use?) Add additional pages if necessary. ESTIMATE PROJECT COST BREAKDOWN EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS Equipment/Supplies Project Materials Professional Services Contracted Improvements Other Costs (List) TOTALS * ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS MARCH 1, 2000 "lame of Project: .......... Name of Neighborhood AssociatiOn: .,lanning funding for Conservation, Education and Reclamation Project (CERP) (Three year long term implementation) "WESTSIDE DRIVE NEIGHBORHOOD ASSOCIATION" "Reclamation to native Iowa praide grass and wildflower along with dp/rap for erosion control in the creek beds and the detention pond to conserve the water and soil." 2'j "';; ' NametAddross/P'h~' Nun~rs of contact Pe~S: Location for proposed project: Den Bray Lucy Gaudet Along the banks of the southwest fork of Willow Creek (known locally 710 Westside Ddve 538 Westside Ddve as Little Creek), the creek bed north &east of the detention pond and Iowa City, IA 52246 Iowa City, IA 52246 the detention pond. 351-6580 337-7218 , :~ ...... ._, '~.mo'unt of Funds Requested: Time Period of Proposed Project: $5000.00 From April 1. 2000 through Apdl 1, 2002, A.General List and Description of Activities with estimated time line: {please indicate if this project will or could be phased in over a number of years) TIMEIJNE: Three-year plan: This is a grant application to seek funding to meet planning needs as part of a three year time table as follows: ~March, 2000 Identify needs to correct erosion Hire naturalist to help identify projects for 3-year goal B. Examine the cost estimate on erosion control and prairie development. C. Seek funding to meet planning needs. D. Hold educational meetings on prairie development and outcome. E. Invite neighborhood participation F. Tree removal of fallen limbs in creek beds April/May 2000 A. Clean-up debris around the creek and detention pond. B. P, eplant vegetation to stop erosion around the pond and the Willow creek bed. C. Coordinate the planting of the prairie with the Kiwanis Park prairie. D. Ongoing coordination of efforts with the City of Iowa City' s plan and resources. (Three year involvement) June/September, 2000 A. Explore pond dredging options (approximate cost $100.000) B. Maintaining aerators in pond C. Continue developing community relationships D. Monitor and encourage extension of waterways. October/December 2000 A. Educate and involve neighbors on long range plan to plant prairie. B. Teach proper maintenance of planting. C. Continue neighborhood association meetings January/March 2001 A. Plan second stage of project development for spring 2001 I. Address erosion and site disturbance, management planning on pond and dam. April/June 2001 Plant prairie plats for naturalization of Willow Creek and detention pond. Goal is the stabilization of the creek and pond banks. July/September 2001 /L Create pathways connecting pond and Kiwanis Park. B. Removal of rip/rap on South side of pond and replace with prairie grasses and walkways. October / November 2001 A. Use rip/rap removed from pond to other areas with bank erosion. B. Apply purchased rip/rap as needed. January / March 2002 A. Address potential flood plain issues B. Address wet land issues C. Address street lights on Westside Drive April/September 2002 A. Prairie Maintenance B. Creek and Pond Maintenance C. Dam repair on Northeast end of pond D. Continued coordination with Iowa City Planning and zoning commission October / January 2002 A. Ongoing professional planning for neighborhood conservation efforts. B. Ongoing neighborhood involvement B. Describe the process used to solicit neighborhood input into this funding request and summarize results: Wastside Drive Neighborhood Association was formed to address neighborhood needs of the flowage area, detention pond and venation. Meetings have been held in December 1999; January and February 2000 with wdtten agendas being mailed by the city to approximate' 300 homes each time. Approximately 10% have attended the meetings. Five Committees have been formed and are as follows: 1. Comprehensive Planning Committee; 2. Two Grant writing committees A. PIN Grant, and Environmental Advocates B. Creek Maintenance Funding 3. Flowage Cleanup and Erosion Planning 4. Street lighting and Morman Trek BIrd. Access Monitoring 5) Coordinated Services Committee The flash flooding and erosion in our creek beds affect all the neighbors. Neighbors are concerned about the environmental decline of the area and wish to implement conservation efforts that are comparable and similar to the Kiwanis Park native praide plantings this spdng. The Neighborhood Association needs funding sources to plan and complete the overall project. Tyn'cae Neighborhood invited the two chairpersons on grant writing committees to their neighborhood meeting and shared their experiences with Kiwanis Park and water drainage. Representation has been established with the Neighborhood Council so that we can understand the needs of other neighborhoods and in turn they can understand our needs. Those present at the Assodation meetings have agreed to Wesf~ide Dtfve Neighborhood Clean Up Day on April 22nd and will padidpate in neighborhood efforts mentioned above. Neighbors are going to go door to door to explain the necessity of the long-term project, and its benefit to the owners and City Park. POTENTIAL RESOURCES I TYPE OF ] I STATUS } RESOURCE ,r~,ist the names of potential resources (neighborhood and other) that will be utilized in this project; Volunteer Cash Anticipated Committed 1 ) Lepic-Kroeger Reeltore Pdvate Non Yes Provides monthly meeting site and refreshments Neighborhood Cash Business Resource 2) Johnson County Soil & Water Conservation District & USDA's Natural Resources Conservation Service: Public Non cash Yes Have conducted a repod and express their concerns: State & educational A. Joint Study of Willow Creek in our area County resources B. Joint Study of the detention pond in our area Service C. Provided long terms goals and pressing cencems. (See Appendix). 3) City officials and City resources that am being used: A) Neighborhood Council members to give guidance, Public PIN Grant Anticipated direction and resource Information. information Resource source B) Neighborhood Services Coordinator. Public Educational Yes Marcia Klingaman has provided: Service Resource & Publicity 1 ) Resources, counseling, mailings, and Assistance, attendance at our meetings. Facilities 2) Has met individually with members of the committees as needed. C) City Engineer: Public Shared City Yes Rick Foss has met with Dan Bray to discuss the: Service Assistance 1 ) Interdependent nature of the Kjwanis City Park and the coordination of our Assodation's censervetion care of the creek, detention pond, and trees. 2) Establishment of a time line for building a City Public City funded Yes bddge to finish the walking trails between Kiwanis Service Scheduled Park and over the southwest branch of Willow Creek (For spdng that drains into the detention pond. 2001) D) City Planning, Parks and Recreation, City Forester Padial Shared Yes and City Attomey: Owner City will be utilized as needed for educational and & Assistance cooperative planning eftotis over the next three Public years. Service Pdvate Grant Anticipated Funds 4)Environmental Advocates: Offers grants for environment-related projects in Johnson County. ~ TYPE OF STATUS - i POTENTIAL RESOURCES (Continued) RESOURCE i List ~e names of potential resources (neighborhood and ,: other) that will be utilized in this project; Volunteer Cash Anticipated Committed i I · 5) Neighbors: Pdvate In kind Yes Individuals & contdbution Will padicipate in educational planning and provide Families labor and are expected to implement the long-term plan developed. Private In kind Anticipated 6) Developer of Westside Drive area: Business Contribution John Moreland, will be contacted and his re- involvement encouraged. Pdvate Information Yes 7) Iowa City Bird Club: Dr. Fuller rep. Resource Resources for knowledge of how to provide appropriate bird habitat. 8) University of Iowa Student volunteers: State Education Anticipated Yes (VIP) University Resources & a. Per VIP listing and as possible student class volunteer projects. b. University service ctubs. Pdvate Resources Yes 9) Old Capitol Kiwanis Club: and funds Community resources and cooperation Pdvate Volunteer Anticipated 10) Department of Corrections: (offer community volunteer hours) Pdvate Knowledge Antidpated 11) Iowa Native Plant Society: Resource Utilize specialty knowledge Pdvate Volunteerl 12) Youth Groups interested in conservation: Newsletter Yes Publicity A) 4-H youth via the Extension Service Volunteer Anticipated B) Boy Scouts and Gid Scouts of Amedca Private Volunteer Anticipated 13) Neighborhood middle schools: Mandatory volunteer time...service hours to be made available to them. _~) Why is this project needed and what are its goals? PLANNING IS THE KEY TO LONG RANGE DEVELOPMENT OF THE WESTSIDE NEIGHBORHOOD ASSOCIATION: (see appendix) 1 ) To develop the residents need to have "ownership" with whatever takes place. Some of the improvements the Neighborhood Association is considering to adopt are significant undertakings. The more neighbors buy into the project, the more apt the changes are to become permanent features of the neighborhood 2) T~deve~~pavisi~n~fwhattharesidentsintheWesteideareawantthaareat~~~~k~ikein2~5~1~~&2~years~ Utilize the reports from the Johnson County Soil and Water Conservation District's Environmental Spedalist and Urban Conservationist, USDA's natural Resources Conservation Service. Develop short term, medium term and long term action items for the project. As the action plan is being developed maintenance must be included, as it is critical to the success of the project. 3) Education of the neighborhood as to exactly what to expect Ume and appearance wise before planting a. What a praide actually looks like b. How is a praide maintained c. Neighborhood knowledgeable and comfortable with the native vegetation prior to seeding it d. Teach the slowness of prairie vegetation to establish its self, and what the area will look like while it occurs e. Teach the neighborhood that initially it may look "weedy" and takes several years to "mature' into real praide 4) Watershed Management for the area in cooperation with the City and professionals: a. Begin identifying the current landowners and land uses in the creek and storm water detention pond. b. Identify what land uses will change in the future and their potential impact. c. Discuss what best management practices are being installed to address the runoff and water quality issues that result from urban development. d. Identification of what things can be done with existing land uses to improve the water quality draining into the pond. 5) Development of Partnerships in the community: business, private and public. a. Continue to develop good working relationships with Iowa City. b. Continue to work with surrounding Neighborhood Associations and potential Kiwanis Park users. c. Continue to identify other interested groups and individuals and keep them involved. 6) To continue to identify potential funding sources: a. Develop a comprehensive list of funding sources b. Utilize pdvate, City, State, Federal, and special organizations interested in the environment c. At the long-range plan is developed match grants to the action plan. D. Does this project benefit low-income, elderly, youth or other dissdventaged youth? Yes It will provide additional educational and recreational activities to all people in the neighborhood, as there are egress and ingress areas into Kiwanis Park and its pathway systems. The City will be completing the pedestrian bridge at the southwest comer of the detention pond in the Spdng of 2001. This will double the access from the Westside Neighborhood. It will provide a jogging, and walking trail for the eldedy. Disadvantaged youth from the Neighborhood will have a safe and cost-he environment. The play ground for our neighborhood will provide a safe cost free area where many can find peace and tranquility, use the playground and use the interesting bike trails to visit friends without risking an accident with traffic and still feel safe. E. Could this project occur without PIN funding? It would be VERY UNLIKELY that the funding would come from within the neighborhood for a project of this dimension. Many of the neighbors consists of young families, college students, eldedy retired, handicapped on fixed incomes, or people in transition. F. Could the project operate with less funding? ~'~ Without complete funding requested, we would not be able to plan & complete the full project. G. Will the project continue after the PiN funds end? Yes X NO (if yes, what sources of funding will you use?) Neighborhood residents will be encouraged to continue with planting & maintenance. Subsequent grants will be written and submitted to pertinent organizations such as Iowa native Plant Society, Environmental Advocates, REAP, NRSC, Iowa Native Plant Society and others as ascertained. Additional funding from Iowa City for rock ripImp may be needed in future years. We may have to apply for a second and/or third year PIN grant forthis. ESTIMATE PROJECT COST BREAKDOWN EXPENSE CATEGORY PIN FUNDS ' I:,~l-'l=.;I;ilJ,~l,-~-'~. ! UST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ 0 J. Project Materials $ 0 Grant application DNRS K. Professional Services . ~ $50/hr $4000 Grant applicaUon Environmental Advocates L, Contracted Improvements $1000 Grant application Johnson Co. Soil &Water Conservation-rapidly developing urban al'~ls. M. Other costs (List) $ 0 Grant application Department of Transportation Grant applicaUon Department of Natural Resources TOTALS $,5000 $ Unknown at present APENDIX Johnson County Soil & Water Conservation District 1. Report 12/13/99 2. Letter 02/25/00 Kiwanis Park Landscape Development Master Plan Iowa City, IA Pictures of areas needing immediate attention " )bhnson County Soil & Water Conservation District 238 Stevens Drive Telephone (319) 337-2322 Iowa City, IA 52240-4353 Fax (319) 358-9521 eraoil jcswcd@yahoo.com ~ TO: Dan Bray, Board of Directors, Park Edge Condo Association FROM: Amy Bouska, Environmental Specialist, Johnson Soil and Water Conservation District and Wayne Petersen, Urban Conservationist, USDA's Natural Resources Conservation Service lIE: Site inspection of pond area for long-term vegetative management DATE: 12/13/99 Mr. Bray, Wayne Petersen and I visited the storm water detention area behind your condominium association on Monday 12/6/99. We are writing to provide a summary. of some of the things we noted and to provide some ideas/suggestions for what can be done with the area with regard to :tag-term management (with an emphasis on vegetative management.) The existing vegetation around the storm water detention pond is a mix of species but is predominantly cool-season, introduced (Eurasian) species. The first thing we would encourage you co consider is retro-~tting the area to a native landscape, using species that would have been common to the area prior to European settlement. There are a number of advantages to going with native landscaping and certain aspects that some might consider detrimental. We will '3rie~y discuss the pros and cons of native landscaping, realizing that much more discussion should occur prior to making decisions about the long-term management of the area. Benefits of Native Landscaoin~.... A listing of some of the benefits of native landscaping/bllows, with a brief explanation of each item offered: > The main benefit of native landscaping is that it provides long-term stability. Native vegetation tends to become stronger and more sustainable over time, keeping maintenance requirements to a minimum. Non-native (especially turfgrass) systems will tend to weaken and degrade (i.e. become weed invested) without significant maintenance and inputs. (You can see the fragility of the turfgrass system on the dam near the outlet structure where the banks are starting to unravel.) ;/- Because sustainability improves and maintenance needs go down over time, a native landscape will produce long term cost savings compared to turfgrass systems that are mowed, fertilized, etc. The native systems will appear more costly to install but over a ten year period they can offer considerable cost-savings compared to highly maintained tuffgrass systems. While the current vegetative system does not appear to be maintained with mowing, fertilizing, etc the area will either require maintenance in the future or it is likely to degrade to weedy species and/or woody (tree) species that would tend to shade out the introduced herbaceous (/grassy) species and potentially ereate shore erosion problems. Woody infestation would also limit access to the pond from the north side. MISSION: To promote the wise use of soil and water resources. All USDA programs and s~rvic~ ar~ offered on a non-discriminatory basis, without r~,ard to rac~, color, nstionil ori$im scx, hi;c, mligio~ marlull status or hmdie, lp, Native landscaping offers a dynamic visual alternative. A properly designed, installed, and maintained native landscape will provide a kaleidoscope of color throughout the growing season, and provide excellent winter habitat for a vari,mj of species. Introduced (turfgrass) systems will tend toward a monoculture dominated by one species and will provide minimal winter habitat. By providing more habitat for birds, insects, butterflies, etc. the native landscape will enhance the environmental amenities of the community/neighborhood. Native landscaping has the potential to increase property values, as people gain an awareness of the ecological and aesthetic qualities it adds to an area. Native landscaping can pre, ent goose infestation problems. We were rather surprised to not see geese in the area on our field visit. If you don't currently have geese you might in the future. While they are beautiful creatures, they can also create problems in an urban setting. The taller native vegetation tends to discourage goose use, especially compared to a mowed turfgrass habitat like you see on the east end of the pond. Potential Negative Asoects to Native Landscaoin~ .... We feel compelled to raise issues of concern about native landscaping. Some of these concerns are myths, but others are valid points that should be discussed. We will discuss some common concerns and offer thoughts that we feel offset them. ;,- Prairie is wild and ragged looking. This can be true, but the Association could work with professional native landScapers to create a design and mix of species that will provide color and beauty and diversity through, out the year while minimizing the wild look. The current vegetati,,e regime also has a wild, unkept look to it without providing the colorful flowering prairie species and other-amenities a prairie planting can provide. It is true that a native landscape will not be like a mowed turfgrass system. It takes an understanding of the long- term objectives and some "immersion" in the system to gain a full appreciation of the beauty and intricacies and subtleties of a native landscape. Prairie plantings can be beautiful from afar but are fascinating when. you are in amongst them. >' Prairies create rat and snake problems. Yes and No. The rat issue is a myth. Prairies do not provide habitat for rats (which are introduced species and not native to the prairie region.) Rats prefer humah built habitat and would only frequent a prairie if garbage, meat scrapes, dog food, etc. were available to them out there. Snakes are a different story. Native landscapes will provide habitat for snakes. Snakes may be feared and not liked by some people but the snake species that would be found in such an area would be harmless to humans and would actually play an important role in the ecosystem (i.e. they would help control insect and mice. Yes, mice may frequent the prairie but they are most likely out there now in the existing vegetative system.). The snakes and mice that might live on the area would also tend to lure in hawks, owls and other prey species, providing some exciting nature viewing to residents that monitor the pond area. } Prairie plantlags must be burned. While it is not absolutely required that native landscaping be burned, it is the recommended management practice. Native landscaping can be mowed and raked occasionally but an annual burn is usually recommended for an area like yours if planted to native species (especially in the early years of establishment.). The annual burn on this site would be quite easy and safe to conduct and would provide an opportunity for the neighbors to participate together and make it an annual community event. There are also professionals available that can be hired to conduct a maintenance bum. Iowa City has an ordinance that prevents open burning. True, but your site could be retrofitted and designated "a natural area" and then could receive a waiver and be granted a permit to allow burning of the area. Once again, professionals can help you develop the bum plan and obtain a permit. Smoke from a prairie burn causes air pollution and respiratory problems. Yes and No. The smoke from an annual prairie bum will put less particulate matter in the air than the emissions from weekly lawn mowing over the course of a growing season. Smoke could cause respiratory problems for residents, so it is imperative that people be educated on the goals and management of native landscaping and then be notified prior to bums. It is certainly possible to stay indoors or leave the premises while the bum is taking place to prevent exposure to smoke related concerns. Prairies create more pollen and allergy problems. Not true. Native prairie species are not wind pollinated. They are pollinated by insects that move from plant to plant so they do not contribute pollen to the atmosphere and will actually crowd out and suppress the ragweed and other species that create most of the wind born pollen. How To Proceed .... Here is a brief description of the process you might consider following and a rough dra~Joutline'ofwhat a concept plan for the area might include. First, we recommend that you include the Lake Poim and Mallard Point complexes as you move ahead with your investigation of alternatives. Whatever you decide to do in the future should involve them. The rock riprap along the pond edge behind those complexes is inconsistem with the rest of the water line. It is also beginning to show signs of needing maintenance (i.e. weed growth breaking through) so future plans for that area should be consistent with what you folks are discussing to create a more aesthetically pleasing and a more holistic management plan for the water body and the neighborhood. Second, you need to conduct meetings with the residents of the Park Edge Condo Association (and hopefully Lake Point and Mallard Point residents) to discuss the current situation and the potentials/alternatives for future management. These meetings should be educational and motivational so residents leave understanding the issues and pumped up to do something with long-term benefits. We can recommend some people you might bring in for presentations. Third, you need to develop a concept plan, design standards for implementation, management plans, and cost estimates. Fourth, you will need to secure financial assistance or raise funds to implement the concept plan. Fifth, put it on the land. Concept Plan Content .... Here are some thoughts about what a concept plan might include, with a focus on the native landscaping theme with a couple of other potential options to include in future management of the area. Native Landscaping: You will need to better identify what vegetation is there now and .- what you want in the ~ture. If you were to go with native landscaping you would probably want to kill out the existing vegetation and seed a properly designed native mix(es). Because the water line is prone to fluctuations, you will need to consider a different mix fi'om the existing water line to the maximum water line (the zone subject to the ~ashiness or bounce of the detention basin). This zone will likely need species that can withstand the fluctuations while the top of the slope will benefit from a slightly different mix. Proper design can accommodate these different zones in an aesthetically pleasing and effective way. Fishery: We would encourage you to manage the pond as a fishery. If it is not stocked, we would encourage you to consider stocking the pond with an appropriate mix of fish - if it has adequate depth. Perhaps residents could have fishing parties and/or an annual fish fry in conjunction with an annual maintenance burn of the native landscaping. We encourage you to investigate the use of the pond as a fishery to create and foster a sense of community, get to know neighbors, etc. Trail: It would be possible to create a "lap trail" around the pond. The lap trail would serve as a firebreak and provide a "private" walking or jogging trail for Park Side, Lake Point and Mallard Point residents. It would also make the pond more accessible for fishing, maintenance work, or other pond oriented activities (bird watching, skating, etc.). You might want to consider clearing some of the woody species on the edge of the old streambed on the north side of the pond and installing a mowed turfgrass path (a chipped limestone path is another option but WoUld increase costs.) This path could serve as a firebreak during maintenance burns of the native landscaping. Woody vegetation that was removed could be bound into brush piles, dragged out on the ice in the winter, weighted with concrete blocks ; and then as the ice melts the brush piles will sink and provide fish habitat. The tuffgrass trail along the old creek bed could be connected with the bermed - or fiat area - above the rocked slope and below the concrete wall behind Lake Point and Mallard Point. A "cross over" structure would need to l~e installed on the concrete outlet of the pond. We realize a trail system might not be a critical need with the city parks and trails so close, but it is a feasible option if there is interest in pursuing it. Concerns ..... The dam on the east end of the pond will need treatment soon, as it is in a state of decline. Rock riprap may be needed to correct the toe erosion that exists. It is interesting to note that the shore line problems are occurring where a mowed tuffgrass system is being maintained, indicating the inadequacy of that system for maintaining shore line stability. That area is probably subject to wave action, which complicates the vulnerability of the area, so it needs to be stabilized with riprap or the stronger native vegetation we've discussed in this document. There is also some rather severe bank erosion occurring on stream to the north of the detention pond (downstream or easterly of the junction with the old creek bed and the main stream flow area.) This bank erosion could conceivably break through and impact the storm water detention pond in the future. Iowa City has a small grant program for streambank stabilization administered through the RiverFront and Natural Areas Committee. It may be worth looking into the applicability of that program for the potential concern of the streambank erosion causing a breakthrough. The silt fan on the west end of the pond is unsightly. It should either be removed or vegetated. We were perplexed as to the origin of this silt fan. It seems to sit in an area where direct inflow would normally deposit sediment but there did not seem to be direct flow coming in there. We wondered if it was the deposition point of opposite inflows off the Park Edge area and the storm water system to the north. We also had concerns about the inflow fi'om these two areas. The orientation or alignment of inflow appeared to be situated in such a way that flows could escape the rocked inlets to the pond. While no current evidence of problems exists, it may merit watching these sites to ensure no small problems develop that become big problems if not detected and addressed in a timely manner. The neiehborina comnlexes .... As ~ve assessed the site we felt we needed to walk around the entire detention pond. The tbilowing comments address the neighboring complexes (Lake Point and Mallard Point). We thought it might be prudent to share some of our thoughts with you in case you move ahead and initiate discussions between complexes/associations. First, as mentioned earlier, if you do vegetative work on the area along pond that you own, we t~el it should be extended around the entire pond to make it a holistic and aesthetically pleasing complex. The rocked shore line and concrete wall behind the Lake and Mallard Point complex struck us as a stark, unpleasing design. This could be softened and beautified though, and we ~vould once again urge that the three complexes have discussions and try to work together on future planning and installations. We would recommend that the rock riprap be cemoved From the shore!ine behind the Lake Point and :'viallard Point complexes and this area be 'cegetated as pan of the native landscaping retrofit mentioned earlier. The riprap could possibly be used to stabilize the toe of the dam on the east end of the pond and/or used as part of the streambank stabilization we mentioned in the "concerns" section of this document. We would recommend bringing native landscaping up to the fiat, path-like area between the pond slope and the concrete wall. The concrete wall itself could be painted to outdoor murals to blend in with the native vegetation and soften the hard concrete arablance of the area. We envision the pond becoming an active use amenity in the future (see the lap trail concept mentioned earlier, or the idea of the pond being managed as a fishing amenity, used as a skating rink in winter, etc.) If so, people ~vould be on the north side of the pond looking back - which currently is not an aesthetically pleasing view. We would also envision the need to create access from the Lake/Mallard Point parking lots to the pond by installing stairway systems down to the path/pond edge. It would also be nice to make these areas wheel chair accessible, as well - at least the south edge of the pond. Finally, we were curious about what appeared to electrical boxes along the concrete wall and what appeared to electrical cables coming up out of the pond. Is there an aeration system in the pond? Is there potential for a lighting system that might be used for night skating or jogging, etc. One last wild idea ..... The idea of retro~tting tuffgrass to native vegetation is a new idea to the community but it is an idea that has taken hold in some communities. Native landscaping has economic and environmental justifications that we have only briefly alluded to. It might be prudent. to have us "- meet with the Condo Association Board in the future to discuss these concepts further. As W~ were leaving the site yesterday we noticed a large expanse ofturfgrass in the front lawn area of the complex. We wondered what the cost of maintaining the lawn is and whether residents ever used the area. fithere are lawn care costs and if the area is not used, then we would encourage you to.consider retrofitring some of this front lawn area to a native landscape. The front lawn would be more applicable to a precise garden plot type of design. This could be done in a way that would beautify the area and make your complex unique to the neighborhood. We appreciate the opportunity to review your site and provide these ideas. If we can be of further assistance, please feel flee to contact us for follow-up discussion. Sincerely, Amy Bouska, Environmental Specialist Wayne Petersen, Urban Conservationist ~hnson Co. SWCD Natural Resources ConServation Service TO: Dan Bray, Board of Directors, Park Edge Condo Association FROM: Amy Bouska, Environmental Specialist, Johnson County Soil and Water Conservation District RE: Long-Range Planning for the WestSide Condo Area DATE: 2/25/00 Dear Dan, I strongly believe that for this project to succeed, the residents need to have ownership with whatever takes place. Some of the improvements the Neighborhood Association is considering to adopt are significant undertakings. As you already know, the more buy-in you have for the project, the more apt the changes are to become permanent features of the property. As was discussed at the Neighborhood Meeting, the key is developing a long-range plan for the Westside area. Per your request, I have put together some key objectives that I think would be good to emphasize as you develop a long-range plan. · VISION Develop a vision of what the residents in the Westside Area want the area to look like in 2, 5, 10, and 20 years. Utilize the reports generated by our office and other professionals to develop goals and objectives on how the Neighborhood Association plans to accomplish the long-range plans. Develop short term, medium term, and long-term action items for the project. As the action plan is being developed, please ensure that maintenance is included. Maintenance is critical to the success of your project. · EDUCATION There are some issues that the Neighborhood Association needs to get more information about. For example, what does a prairie actually look like? It would be a good idea to actually visit some areas where native vegetation exists. How is a prairie maintained? Burning is generally a key component in maintaining prairies. How do the residents feel about burning? Native vegetation looks significantly different from sod. Residents should be knowledgeable and comfortable with the native vegetation before seeding it. Moreover, residents should also know that native vegetation establishes very slow in comparison to sod and seeded yards. It could be 3-4 years before the forbes in a prairie mix start to blossom. Prairie concentrates on developing its extensive root systems the first several years of its establishment. Consequently, it is not uncommon to see a lot of weed pressure the first couple of years. The bottom line is that it is imperative that the residents understand what native vegetation is all about before the Neighborhood Association takes the plunge. I know of at least one example where native vegetation was planted and 2-3 years later, the public wanted it removed. (Maintenance and education is critical!) · WATERSHED MANAGEMENT It would be beneficial to develop a watershed management plan. Begin identifying the landowners and land uses in the watershed that drain into the creek and storm water retention pond. Identify what landuses will change in the future? What are the potential impacts of the changes? I think it is important to work with the City of Iowa City to identify where potential development could occur in the watershed. Then, discuss what best management practices are being installed to address the runoff and water quality issues resulting from urban development. It is also important to identify what things can be done with existing land uses to improve the water quality draining into the pond? I will mail a couple of publications on "Getting to Know Your Local Watershed" and "Putting Together a Watershed Management Plan". These will help give you a better idea of the issues to consider as you develop a watershed management plan for the area. · DEVELOP PARTNERSHIPS You have already made a great start in pulling a variety of people together to get this project off the ground. The creation of the Neighborhood Association and respective committees is a great asset for developing relationships among the residents. As you have already been doing, it is essential to continue to develop a relationship with the City of Iowa City. The City could play a very large role in this project. It will also be important to work with the surrounding neighborhood associations and potential Kiwanis Park users. There are obviously other groups and individuals which should be involved in this project. It would be beneficial for your group to identify other interested groups and individuals and start to get them involved. · IDENTIFY POTENTIAL FUNDING SOURCES There are numerous funding sources that are potentially available to fund portions of your project. It would be beneficial to develop a comprehensive list of the grant sources and contacts. Then, as the long-range plan is developed, you could start matching grants to your action plan. We are interested in helping as much as we can. Please feel free to give me a call if you have any questions or concerns. Erosion by City Bridge ..., * :: :..~: .~:,-~: ~-::.,~ ~ .. ~.. ~: Severe erosion on noah point of pond ......... ,~ ' ~' . llJ ~ Erosion on east bank of detention pond ~.:..;~,.~':"-: -~-i :~"~:~ Erosion on southwest '~rar~ch of Willow Creek CITY OF IOWA CITY: PROGRAM FOR IMPROVING NEIGHBORHOODS MARCH 1, 2000 /" Name of Project: Name of Neighborhood Association: Conservation, Education and ReclamaUon Project (CERP) For Immediate Needs: "Westside Drive Neighborhood Association" "Reclamation to native Iowa praide grass and wildflower along with rip/rap for erosion control in the creek beds and the detention pond to conserve the soil & water quality.' Name/Address/Phone Numbers of contact Persons: Location for proposed project: Dan Bray Lucy Gaudet Along the banks and flowage easements of the southwest fork of 710 Westside Ddve 538 Westside Drive Willow Creek (known locally as Little Creek), the creek bed north & Iowa City, IA 52246 Iowa City, IA 52246 east of the detention pond and the detention pond area if funds 351-6580 337-7218 permit.. Amount of Funds Requested: Tim Period of Proposed Project: $5000.00 From Apdl 1, 2000 To July 1, 2001 A. General List and Description of Activities with esUmated time line: (please indicate if this project with or could be phased in over a number of years) TIMELINE: 1) Submission of a PIN grant March 1, 2000 for costs of rocks, grass and wildflower seed to begin the process of stabilization and reducing sediment flow from the banks of two branches of south west Willow Creek (Little Creek) and the creek bed north of the detention pond at the north end of Westside Drive.(Please see map in appendix ) _~) To summit an Environmental Advocates Grant March 1, 2000 for funding to purchase native Iowa seeds, or purchase live plants in May 2000 dudng the JCSWCD annual tree, seed and live plant sale. 3) Winter--fall 2000-2001: Teaching the neighborhood owners of creek beds, and pond banks about conservation & proper maintenance of the planting. The Johnson County Conservationists, Natural Resources Conservation Service (NRCS) and appropriate City of Iowa City staff will be involved in these educational efforts. Two rounds of meetings will be held focussing on I A. Rational for the project as outlined in the report dated 12/13/99 (see Appendix) from Johnson County NRCS and the Soil and i Water Conservation District. B. Spedtic instructions for conservation methods and plant maintenance by owners. B) Describe the procase used to solicit neighborhood input into this funding request and summarize results: Westside Ddve Neighborhood Assodation was formed and meetings have been held in December 1999; January and February 2000 with written agendas being mailed by the city to approximately 300 homes each time. Approximately 10% have attended the meetings. Among several committees formed, three are relevant to this application: 1. Comprehensive Planning Committee; ~ 2. Two Grant writing committees 3. Flowage Cleanup and Erosion Planning All three, address concams of individual condominium associations and neighbors affected by pedodic flooding and constant erosion. Neighbors are concamed about the environmental decline of the area and also concemed about the funding sources available to fund the overall project. i The flooding and erosion in our creek beds affects all the neighbors. Neighbors are concerned about the environmental decline of the area and wish to implement conservation aftotis that are comparable and similar to the Kiwanis Park native praide plantings this spdng. The , Neighborhood Association needs funding sources to plan and complete the overall project. Tyn'cae Neighborhood invited the two ;. chairpersons on grant writing committees to their neighborhood meeting and shared their experiences with Kiwanis Park and water i drainage. POTENTIAL RESOURCES TYPE OF STATUS RESOURCE : List the names of potential resources (neighborhood and other) that will be utilized in this project; Volunteer Cash Anticipated Committed 1) Lepic-Kroeger Realtors Neighbor- Non Yes Provides monthly meeting site and refreshments Hood Cash Business Resource 2) Johnson County Soil & Water ConservaUon District & Volunteer USDA's Natural Resources Conservation Service have conducted: State & Non Yes A. Joint Study of Willow Creek in our area County cash Service educational B. Joint Study of the detention pond in our area : C. Provided long terms goals and pressing resource concerns. (See Appendix ). 3) City officials and City resources that are being used: A. Neighborhood Council members to give guidance, Public PIN Yes direction and resource Information. Service Grant Resource B. Neighborhood Services Coordinaton Marcia Klingaman has provided: Public Information Yes 1) Resources, counseling, mailings, and Service Resource : attendance at our meetings. & Publicity 2) Has met individually with members of the Assistance committees as needed. Fadlities D) City Engineer Rick Foss has met with Dan Bray : to discuss the: Partial Shared Antidpated 1) Interdependent nature of the Kiwanis City Park Owner City and the coordination of our Assodation's & Assistance conservation care of the creek, detention pond, Public and trees. Service 2) Establishment of a time line for building a City Yes bddge to finish the walking trails between Kiwanis City funded Park and over the southwest branch of Willow Creek Scheduled (For spdng : that drains into the detention pond. 2001) E) City Planning Committee, Parks and Recreation, City Foraster and City Attorney: Public Information Yes Service & Resource Will be utilized as needed for educational and resource cooperative planning efforts. 4) Environmental Advocates Pdvate Grant Anticipated Funds 5) Iowa City Bird Club, Pdvate Information Yes Dr. J. Fuller representative Resource , Resources for knowledge of how to provide appropriate habitat for birds. ; 6) University of Iowa Student volunteers: State Education Antidpated Yes ; Per VIP listing and as possible student class projects University Resources & &service organizations volunteer '. 7) Neighbors: Private In kind Yes will participate in educational planning and provide Individuals & contribution '; labor and are expected to implement the long-term Families plan developed. "" STATUS 'oOTENTIAL RESOURCES List the names of potential resources (neighborhood and Committed other) that will be utilized in this project. 8) Developer of Westside Drive area: Pdvate Contdbution Anticipated John Moreland, will be contacted and his re- Business in involvement encouraged. Kind 9) Old Capitol Kiwanis Club: Pdvate Resources Yes Use of members resources and funds and funds 10) Department of Corrections: Private Volunteer Anticipated (offer community volunteer hours) 11) Iowa Native Plant Society: Pdvate Knowledge Anticipated Resource 12) Youth Groups interested in conservation: Pdvate Volunteer/ A) 4-H youth via the Extension Service Newsletter Yes Publicity B) Boy Scouts and Girl Scouts of Amedca Volunteer Anticipated 13) Neighborhood middle schools: Private Volunteer Anticipated Mandatory volunteer time... service hours to be made available to them. C. Why is this project needed and what are its goals? To stabilize the north point of the eastern side of the detention pond identffied in the joint study of JCS&WCD's and USDA's NRDCS December 1999 report. The erosion is threatening to break through from the creek into the pond. Included is an area around the city bridge and the dam that also have severe erosion. Both of these sites may break threu.clh and ultimately cause drainage of the detention pond. 2) To provide long-term stability, to slow and control the flow of flash flood waters through the Willow Creek bed south west of the detention pond area with the goal of decreasing silt buildup in the west end of the pond. Current silt buildup removal by dredging has an estimated cost of $100,000, 3) To further prevent creek bed erosion and silting by planting native Iowa grasses with deeper root systems designed to hold the soil. Placement of rip/rap & rock will prevent continued erosion. (Please see APENDIX: map, pictures and report; (recommendations of the Johnson county soil and Water Conservation District) {JSD&WD} 4) To initiate the reclamation process by planting native Iowa grasses and wild flowers and placement of rip/rap as needed to control erosion. The east shore of the detention pond has severe erosion that needs to be repaired. The rest of the pond banks are an extension area for future reclamation as funds are available. Besides conserving our soil and water, a native landscape will produce Ion~3 term cost savings. (Although more expensive initially to install), increase property values and offers a dynamic visual alternative according to the JCS&WCD and NRSC joint report (see Appendix ). The reclamation process to native Iowa prairie grasses and wild flowers mix is occurring in Kiwanis Park directly on the north side of our detention pond. The reclamation of the area along the stream and around the pond will give our neighborhood a natural extension for Kiwanis Park and concurrently will use conservation efforts to preserve the landscape. D. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Not directly, but it will contribute to the aesthetics of the area abutting KNvanis Park trail to the north of the detention pond. This area is also an integral pad of the view from the new houses being built along Teg Ddve as well as about 35 condominium units facing the pond and PlaenView property owners. This will be a neighborhood elfoft and youth groups and Community Correction's volunteers will be encouraged to participate in the conservation work I E. Could this project occur without PIN funding? Q It would be VERY UNLIKELY that the funding would come from within the neighborhood for a project of this dimension. Many of the neighbors are young families, college students, elderly, retired, handicapped, on fixed incomes, or people in transition. F. Could the project operate with less funding? Without complete funding requested, we would not be able to complete reclamation area. G. Will the project continue after the PIN funds end? Yes X NO (if yes what sources of funding will you use?) Neighborhood residents will be encouraged to continue with planting and area maintenance. Further seeding may be necessary. Subsequent grants will be written and submitted to pertinent organizations such as Iowa native Plant Society, Environmental Advocates, REAP, NRSC, Iowa Native Plant Society and others as ascertained. Additional funding, from the City of Iowa C.,ity ,for rock rip/rap may be needed in future years. We may have to apply for a second year's PIN grant for this. ESTIMATE PROJECT COST BREAKDOWN i:~:4~:[-']=[.Y-"ei:C~T.]i;i~' lr, il:l;~lJ:l.~-~: !r.:ll-'l=;l=lJ:l.~-I LIST SOURCE OF OTHER FUNDS J. Project Matedais** Seeds/rook $2000 Grant pending Environmental Advocates $250 ** **Native Iowa prairie grass and wildflower seeds run between $700-$900/acre according to JCS&WCD. The mix of the plants appropriate to the wet creek bed and around the detention pond would have to he determined by a professional such as Ross Bennett or Amy Bouska. The exact amount of rip/rap will also require professional services as to type and placement and is difficult for us as laymen to determine. We can however assist with manpower to accomplish the project. We do know that preventive maintenance around the bridge and the other area of erosion break through concern expressed in the report will he much less cosfly than if we have to repair an opening left by a rapidly draining pond. APENDIX Johnson County Soil & Water Conservation District 1. Report 12/13/99 2. Letter 02/25/00 Kiwanis Park Landscape Development Master Plan Iowa City, IA Pictures of areas needing immediate attention PROGRAM FOR IMPROVING NEIGHBORHOODS Name of Project: Name of Neighborhood Association: Benton Street Park Improvements Miller-Orchard Neighborhood Association Name/Address/Phone Numbers of Contact Location of Proposed Project: Persons: Ruth Baker Benton Street Park; across the street 515 West Benton Street From Roosevelt School Iowa City, Iowa 52246 ruth-baker@uiowa.edu Amount of Funds Requested: Time Period of Proposed Project: $5,000 From: July 2000 To: June 2001 A. General List and Description of Activities with estimated time line:(please indicate if this project will or could be phased over a number of years) The Miller-Orchard Neighborhood Association is asking for $5,000 for improvements to recently acquired parkland. Some potential uses for the funds include site preparation, playground equipment, picnic tables, grills, landscaping materials, etc. Add additional pages if necessary. B. Describe the process used to solicit neighborhood input into this funding request and summarize results: We have 150 signatures indicating a need for this park, which neighbors have been pursuing for 30 years. Add additional pages if necessary. C. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volun- Cash Antici Com- teer pated mitted 1.Parks & Recreation Department []1 x2 x3 []4 2.Neighbors - help in landscaping, equipment x5 ~6 O7 88 installation, etc. 3. 010 011 012 4. 01a 014 015 016 D. Why is this project needed and what are its goals? The goals of this project will be to make improvements to the Benton Street Park area sooner than could be funded through the Parks & Recreation budget. The neighborhood has wanted a park for decades. To see something done soon would be a great moral booster for the area. Add additional pages if necessary. E. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes. According to the last census, we are a 72% low/moderate-income neighborhood. There are many young families with small children in our neighborhood. Add additional pages if necessary. F. Could the project occur without PIN funding? Parks & Recreation Commission agreed to prioritize this park area for development. It is likely that funding could be available, but unlikely it would be available as soon as July 2001. Add additional pages if necessary. G. Could the project operate with less funding? Yes, but complete development of this long-awaited park would be delayed. Add additional pages if necessary. H. Will the project continue after the PIN funds end? Yes x No (If yes, what sources of funding will you use?) The Parks & Recreation Commission agreed to prioritize this park area for development funding, and it would be likely that improvement work will continue for years. Add additional pages if necessary. ESTIMATE PROJECT COST BREAKDOWN EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies ~5,000 ~ J. Project Materials K. Professional Services L. Contracted Improvements M. Other Costs (List) I TOTALS ~ 5,000 ~ ~ * ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET neighbor\pinfund.app (Attachment A) \, 2001 PROGRAM FOR IMPROVING NEIGHBORHOODS (PIN) GRANT AI ::)NS CO PUTERS FOR KIDS Weth by Friends and Neighbors $4000 REZONI A PORTION OF GOVERNOR AND LUCAS ST. Longfellow $400 ALLEY GRAVEL ESURFACING Longfellow $200 SIDEWALK REPAIR Longfellow $5000 RETAINING WALL FOR BUS S ELTER Longfellow $3500 $5000 CONSERVATION, EDUCATION AND PROJECT (CERP) West Side Drive $1900 BENTON STREET PARK IMPROVI Miller Orchard $5000 )TAL $25,000 Form 653.C I CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Johnson County, Iowa: The Council of the CIty of Iowa City, In said CounW met on May 16, 2000, at the place and hour set In the riodee, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, It was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final conslderadon to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION NO. 00-170 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING :JUNE 30, 2000 (AS AMENDED LAST ON SEPTEMBER 14, 1999). Be it Resolved by the Council of the City of Iowa City, Iowa: Section1. Following notice published Ivia~, 5, 2000 and the public hearing held on Nay 16, 2000, the current budget (as previously amended) Is amended as set out hereIn and In the detail by f~nd type and acdvlW that supports this resolution which was considered at that hearing: Total Budget as Certified or Last Current Total Budget after Amended Amendment Current Amendment ~-EVENUES E OTHER FINANCING SOURCES Taxes Levied on Property I 23,944,807 23,944,807 Less: Uncollected Property Taxes-Levy Year 2 =Net Current Property Taxes 3 23,944,807 23,944,807 Delinquent Property Taxes 4 TIF Revenues 5 Other City Taxes 6 460,667 112,326 572,993 LIcenses ~ Permits 7 601,800 90 60 I, 890 Use of Money ez Property 8 5,735,500 (1,286,000) 4,449,500 Intergovernmental 9 23,397,509 92,258 23,489,767 Charges for Services 10 32,081,964 (1,080,000) 31,001,964 Special Assessments 1 I 23,504 23,504 I"liscellaneous 12 4,400,804 (1,624,632) 2,776, 172 Other Financing Sources: 13 124,660,057 15,581,185 140,241,242 Total Revenues e/Other Sources 14 215,306,612 11,795,227 227,101,839 EXPENDITURES ~r OTHER FINANCING USES Community Protection 15 13,865~431 1,920, 158 15,785,589 (police, fire,street lighting, etc.) Human Development 16 14,298,588 1,493,428 15,792,016 (health, library, recreation, etc.) Home ez Community Environment 17 117,770,665 7,168,608 124,939,273 .(garbage, streets, utilities, etc.) Policy 61: Administration 18 9,144,353 871,884 10,016,237 (mayor, conncll, clerk, legal, etc.) Non-Program Total Expenditures 19 155,079~037 11,454,078 166,533,115 Less: Debt Service 20 16,379,833 (945,318) 15,434,515 Capital Projects 21 80,542,980 7,812,070 88,355,050 Net Operating Expenditures 22 58, 156,224 4,587,326 62,743,550 Transfers Out 23 84,244,482 9,168,782 93,413,264 Total Expenditures/Transfers Out 24 239,323,519 20,622,860 259,946,379 Excess Revenues e~ Other Sources Over (Under) Expenditures/Transfers Out 25 (24,016,907) (8,827,633) (32,844,540) Beginning Fund Balance July I 26 90,026,039 0 90,026,039 Ending Fund Balance June 30 27 66,009,132 (8,827,633) 57,181,499 Reason: Increases in revenues and expenditures, Including revisions to capital improvement projects as noted in the notice of public hearing. Passed this ]-(~th d: o ' '/~~1~ City Clerk Mayor Resolution No. 00-170 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X .. Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum . Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 00-171 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF NORTH JAMIE LANE, CONSISTING OF APPROXIMATELY 4,229 SQUARE FEET LOCATED AT THE NORTHWEST TERMINUS OF NORTH JAMIE LANE IN VILLAGE GREEN SOUTH PART 3A, TO ADJACENT PROPERTY OWNER AND DEVELOPER GLASGOW-WILLIAMS REAL ESTATE WHEREAS, the Iowa City City Council has passed an ordinance vacating approximately 4,229 square feet of right-of-way located at the northwest terminus of North Jamie Lane in Village Green South Part 3A; and WHEREAS, Glasgow-Williams Real Estate, as owners and developers of adjacent property, have requested the vacation and disposition of said right-of-way and have offered the sum of ~ 1285 for the approximately 4,229 square foot parcel. This right-of-way was dedicated to the City with the platting of Village Green South Part 3A. However, the developer has reconfigured the area to be platted such that North Jamie Lane will no longer be a through street, but will end in a cul-de-sac and the parcel requested for conveyance is that "stub" portion of the right-of-way no longer necessary for street purposes; and WHEREAS, the re-acquisition of this parcel by the Developer is necessary for the proposed platting of Village Green South Part 5 as currently under consideration by the City Council; WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; and WHEREAS, on May 2, 2000, the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFC:)RE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, 10WA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's interest in the approximately 4,229 square foot parcel of vacated North Jamie Lane right-of-way to Glasgow-Williams Real Estate for the sum of ~ 1285.00. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Glasgow-Williams Real Estate. The deed, and any other documentation required by Iowa Code §364.7 (1999), shall be recorded by the City Clerk in the Johnson County Recorder's Office at the purchaser's expense. Resolution No. 00-171 Page 2 It was moved by Champion and seconded by 0!Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab '~ Vanderhoef . X Wilburn Passed and approved this 16th day of Nay ,2000. MAYOR CITY'CLERK Sarah\landuse%vgsjamielane-res authconvey Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 00-172 RESOLUTION AUTHORIZING CONVEYANCE OF OUTLOT B, VILLAGE GREEN PART 14, CONSISTING OF APPROXIMATELY ,35 ACRES LOCATED AT THE SOUTHERN BOUNDARY OF VILLAGE ROAD, TO ADJACENT PROPERTY OWNER AND DEVELOPER VILLAGE PARTNERS WHEREAS, Village Partners, as owners and developers of adjacent property, have requested the disposition of Outlot B, Village Green Part 14, and have offered the sum of $4500 for the approximate .35 acre parcel of City-owned land. This Outlot was dedicated to the City with the platting of Village Green Part 14 with the concept that the parcel would connect to a larger greenway/park extending to the southern portion of the Village Green/Village Green South Development. However, redesign of development in the area has changed the character and location of open space such that retention of this parcel would result in a small, stand-alone greenspace; and WHEREAS, the re-acquisition of this parcel by Village Partners is necessary for the proposed platting of Village Green Parts XVIII - XX as currently under consideration by the City Council; and WHEREAS, on May 2, 2000 the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing on the same; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property to the Developer to facilitate the redesigned development is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's in Outlot B, Village Green Part 14, an approximate .35 acre parcel located along the southern boundary of Village Road, to Village Partners for the sum of 84500.00. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Village Partners. The deed, and any other documentation required by Iowa Code §364.7 (1999), shall be recorded by the City Clerk in the Johnson County Recorder's Office at the purohaser's expense. Resolution No. 00-172 Page 2 It was moved by Champion and seconded by Pfah the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Passed and approved this 16th day of May ,2000. Sarah~landuse~villgreenOLB-res authorizing convey 05-16--00 Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5437 RESOLUTION NO. 00-173 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE FOSTER ROAD GRADING AND WATER MAIN PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Foster Road Grading and Water Main Project ("Project") which includes grading, saintary sewer, waer main, and storm sewer construction from Dubuque Street to Prairie du Chien Road; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, MMS Consultants, Inc., has determined the location of the proposed-Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Foster Road Grading and Water Main Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Foster Road Grading and Water Main Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for Resolution No. 00-173 Page 2 the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 16t. h day of I,!a~v ,20 rove City Attorney's Office It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef pweng\res\fostrd .doc 5/00 Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-]74 RESOLUTION APPROVING A PURCHASE AGREEMENT WITH SUPER VALU AND THE DISPOSITION OF PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, the Iowa City Municipal Airport intends to develop property located on the north side of the Airport which is not needed for aviation purposes; and WHEREAS, Ruppert Road will be extended to serve said development; and WHEREAS, the extension of Ruppert Road necessitates the acquisition of 2,169 square feet of property from Super Valu, Inc.; and WHEREAS, the parties have negotiated an agreement whereby the City would convey 2,253 square feet of Airport property to Super Valu, Inc. in exchange for Super Valu, Inc. conveying to the City the property needed for the extension of Ruppert Road; and WHEREAS, the City Council must approve the conveyance of Airport property pursuant to Chapter 330, Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council hereby approves in form and substance the attached purchase agreement between the City of Iowa City and Super Valu, Inc., and the disposition of property in accordance therewith. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to execute said purchase agreement and to take all actions necessary to dispose of property in accordance therewith, Passed and approved this 16th day of May ,2000. CI Dennislairportlnorthcomlsuper value res to convey.doc Resolution No. 00-174 Page 2 It was moved by 0' Donnel '1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vandernoef X Wilbum OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO:~uperValu Inc Seller .t~O "~h ~(1 ~'A"'h'~/0~']' ~(--- ;' · ' " ' e,t 4ched I. REAL ESTATE DESCRIPTION. The Buyer otis o buy real estate in Johnson County, Io~,~''~ legally described on the attached plat marked Exh' ' ", with any easements and appurtenant servient estates, but subject to the following: 'a. any z g and other ordinances; b. any covenants of record; c. ..... ' . ' ,i.,i '.' ' i , ~ ~ ' use of the Real Estate: public use 2. CONSIDERATION. As consideration for the property described in paragraph 1, Buyer agrees to convey by warranty deed to Seller the property legally described on the attached plat marked as Exhibit "B," with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (~nd~l~: liana, min~ta'..ig~ty, othtr oa~ealc,tt~, i,,&.,,,o',~ ,X ,~,h,,,o.) provided Seller, on possession, is permitted to make the following use. of the Real Estate: ~ commercial use 3. REAL ESTATE TAXES. a. Each party, with respect to the parcel each currently respectively owns, shall pay all real estate taxes that are due and payable as of the date of possession and which constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Each party, with respect to the parcel each currently respectively owns, shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given fiscal year (eo~m~,~ing Jul.~ 1, 2~00)i Each party shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Each party shall pay all subsequent real estate taxes on the property each is respectively acquiring. 4. SPECIAL ASSESSMENTS. a. Each party, with respect to the parcel each currently respectively owns, shall pay all special assessments which are a lien on the Real Estate as of the date of closing. -2- 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to delivery of possession of the respective parcels shall be as follows: a. All risk of loss shall remain with the current owner of each respective parcel until after the closing occurs. 6. ENVIRON1MENTAL IViATTERS. a. Each party warrants, to the best of their knowledge and belief, that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the respective parcels each is conveying,-the respective parcels each is conveying do not contain levels of radon gas.,- asbestos or urea-formaldehyde foam insulation which require remediation under current environmental standards, and that each party has done nothing to contaminate the respective parcels they are conveying with hazardous ~vastes or substances. Each party warrants that the property it is conveying is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Each party shall also provide the other with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: b. Each party may, at its expense, within 15. days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property it is acquiring. In the event any hazardous materials, substances, conditions or wastes are discovered, the acquiring party's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to the acquiring party. However, in the event either party pursuant to the foregoing senftence, is required to expend any sum in excess of $ 0.00 to remove any hazardous materials, substances, conditions or wastes, then said party shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by the acquiring party. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by the conveying party, subject to conveying party's right to cancel this transaction as provided above. see tdc er3Ob-. timely performance of all obligations herein, dosing shall be held no later possession of each parcel of real estate shall be delivered to the other on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, a~vnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to walt carpcling, built-in items and electrical service cable, outside television towers and -3- antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Each parry shall convey merchantable title in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 11. DEED. Each party shall convey the respective Real Estate parcels to other or its assig-nees, by WARIbs. NTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1.a. through 1 .d. and 2.a. through 2.d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of the conveying party continuing up to time of delivery of the deed. 12. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 13. STATEMENT AS TO LIENS. If either party intends to assume or take subject to a lien on the Real Estate, the conveying party shall furnish the acquiring party with a written statement from the holder of such lien, showing the correct balance due. 14. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 15. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 16. TI~E FOP, ACCEPT.9.YjE. If thiz cffar ir net a~,~e~sd by ~1~~ ~ ~ ~- ~'00 P ~ ~" May ~ 1000, it shall b~m v~ a~ ~,,3,~-'~ ~ti~ 17. OTHER PROVISIONS. BUYER agrees to reconstruct SELLER's access to Ruppert Road at the location shown on attached Exhibit "B." SELLER hereby agrees and stipulates it shall no longer have access to Ruppert Road at the location shown on attached Exhibit "A." 18. This a~eement is contingent upon the approval of the City Council of Iowa City on or before l~k~] S, 2000. -4- DATED: ~4ay 16, 2000 CITY OF IOWA CITY, IOWA Ernest W. Lehman, Mayol SUPER VtU, n'4C. SELLERt By: EXHIBIT "A" PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWa CITY. IOWA 52240 (319) 351-8282 f"" LEGEND AND NOTES I hereby certify that thle Io~qd amrvey~n~l document was prepared <and ~ - CONGR~SeaONAL CORN[R, FOUND the related lurvey work wol p~'fotn~ed by me Or under my direct - CONGRESSIONAL CORNER, perlo~oi I~peeddon end that I on~ a duly licensed Land Surveyor - CON~SSIONAL C, ORNF_R, RECOR0eD LOCAllC~I under the lows of the Store of Iowa. · - PROPERTY CORNER(S), FOUND (o$ noted) (5/8" Iron Pin e/~dlow, Hastic LS Cap wn~ with 'MMS' ) - PROPERTY ,k/or BOUNDARY UNES ; GLEN D. MEISNER. P.E. & LS. Iowa Uc. No. 8165 - RIGHT-OF-WAy UNES · - CeN'FLR LINES - LOT UNES, INI~RHAI. , . My license renewal date Is December ,31, 20 __. - LOT UNES. PLATtIED GH BY D~rn ......... - EXISIIN0 EASEMENT UN(S, PURPOS[ NOTED Pogee ar sheets covered by thlm saul: - MEASURED ERROR OF CLOSURE IS LESS THAN I FOOT IN 20,000 FEET ':; ~ ~ ) AND ARE PROVIDED FOR GAS, ELECTRICITY, 1[I_EPHON(, u} T.V. CABLE VISION, SANITARy SEWERS, WA1ER MAJNS, AND STORM SEW[R ORAINAC4E. ~ ong the [oet Line of eak:l Weetport PiQze, 854.87 feet, to ' ~' -~ 9'08'37"E, along soid North Line, 60.00 feet; Thence ~; ~ ~ contains 2,169 Square Feet, and is Nbject to eosemeqls ·: ~R ~ restrictions of reCOrd. h POINT OF ~ BEGINNING I ~ ~ .'::- '. ~ ~/~ / / / i - / / ': LOT d CPJ~ffiC SCAI,B I~ : : ~ x~,,! OWNER OF RECORD: "' SUPER VALU o~sN~ SURVEY REQUESTED BY: ':~ ra~'~ CITY OF IOWA CITY ~j ', > DATE OF SURVEY: MARCH , 8 X - ~. ~. ~.~ ro~ R.~pert Ro.a, Xo. City. X. MMS Com~grs, I~c; ~-~:: ~-~ Por. Lot 2, Y~estport Plaza ~ LRS dora C, DM PREPARED BY: MM5 CONSULTANTS 1917 S. GILBERT ST. 10WA CITY, 10WA 52240 (319) 351-8282 LEGEND AND NOTES "~ [''~'' the rioted N~y w~ was p~f~ by me ~ und~ my d~t ~ -- C~E~AL C~. R[~ L~ undM the Iowt of ~l State of Io~ · -- P~ ~(S), F~ (o~ not~) (5/8' i~ P~ wE ~low, ~omt~ LS ~p 20__. - C~B~ ~C~ UNB -:- ~N D. MD~, P.E. i LS. Iowa LIc. No,8165 - ~T-~-WAY UNES ERR~ ~ ~0~ IS LESS ~ I F~T IN 20,~ ~o ARE PRO~D~ F~ GAS, E~C~IQ~, ~PH~[,  T.V. CAB~ ~9~, ~NIT~Y ~RS, WA~R MNNS, ~O STeM ~R DRAINA~. F :.  I ~ ~ LEGAL DESCRIP~ON ~ ~ I ~ City. ~ns~ C~nty, Iowa h occ~d~ce with the plat ~ .-~: ~ ~ " ~ r~ded in plot ~ 32. at ~ge 289, of ~e r~ds of the ~n C~nty R~d~'l 0frle; lance N~f23"E, ',: ~,',. I ~ ol~g lhe Eost L~I of ~ld ~slp~t Rozo. 754,71 feel, 1o L-<;.: ', ~ ~ along sold ~et Lie 1~.16 feel; ~ce S~theosl~y o ~b~cl to ~s~ts ~d restr~tions of rK~d. F..~ / ~ 5 · ~ =.~." ~ ~ _). :;.:. ~* ~ ~ ~ PROPRIETY: I ~ CITY OF IOWA CITY. IOWA ;: ~''  SURLY REQUESTED BY: - CITY OF IOWA CITY, IOWA ~:'  DA~ OF SURLY: MARCH 29, 2000~ _ ~ ~ ~o~t ~t$~ Iowa City, Iowa (3~9) 351-8282 ~ "'~' L~ = A TO IOWA' CITY, IOWA ~~ LRS EXHIBIT C 1. Taxes or special assessments which are not shown as existing liens by the public records. 2. Terms, provisions, conditions, restrictions and regulations contained in and rights and obligations created by Resolution No. 84-308 of the City of Iowa City passed and approved December 4, 1984, filed December 7, 1984 in Book 742, Page 223 approving the preliminary subdivision plat of Ruppert Subdivision and the preliminary large scale non-residential development plan of MHI Auto Center. 3. Terms, provisions, conditions, restrictions and regulations in and rights and obligations created by Resolution No. 85-83 of the City of Iowa City passed and approved April 9, 1985, filed August 16, 1985 in Book 790, Page 270 approving the final subdivision plat of Ruppert Subdivision Pad One and the final large scale non-residential development plan of MHI Auto Center, filed as part of the platting procedure for said subdivision. 4. Terms, provisions, covenants, conditions and restrictions contained in and rights and obligations created by Subdivider Agreement dated August 13, 1985, filed August 16, 1985 in Book 790, Page 270, concerning Ruppert Subdivision Part One filed as part of the platting procedure for said subdivision. 5. Easements shown on the Final Large Scale Non-Residential Development Plan, M.H.I. Auto Center, Lot 1, Ruppert Subdivision Part One, Book 27 of Plats, Page 15 in File 166 G, Drawer No. 25. 6. Terms, provisions, conditions and restrictions contained in and rights and obligations created in Covenants dated July 25, 1985, filed August 16, 1985 inBook 790, Page 270, made by Marvin D. Hartwig and Verna M. Hartwig as owners or contract buyers of Lot 1, Ruppert Subdivision Part One, filed as part of the platting procedure for said subdivision. 7. Easement and right-of-way granted by Charles W. Ruppert, et. al., to the City of Iowa City, Iowa, for the use and benefit of the Airport Commission thereof, dated May 9, 1969, filed October 29, 1973 in Book 415, Page 187. 8. Terms, provisions, conditions, restrictions and regulations contained in and rights and obligations created by Conditional Zoning Agreement dated June 13, 1989, by and between The Joseph Company and the City of Iowa, and Ordinance No. 89-3418 of the City of Iowa City passed and approved June 18, 1989 incorporating said Agreement, filed June 26, 1989 in Book 1065, Page 478; as amended by Ordinance Amending the Conditional Zoning Agreement for Westport Plaza passed and approved September 24, 1996, filed September 30, 1996 in Book 2162, Page 228. 9. Terms provisions, covenants, conditions, limitations and regulations contained in and rights and obligations created by Large Scale Non-Residential Development Agreement dated February 13, 1991, filed February 13, 1991 in Book 1204, Page 110. Also relative thereto, Release dated November 24, 1992, filed December 8, 1992 in Book 1474, Page 303 by The City of Iowa City, Iowa, except for any requirements relating to the stormwater management facilities, and stating that the improvements stated in said Agreement have been installed by the Developer and the City waives any of the requirements of said Agreement except those relating to the stormwater management facilities. Also relative -1- thereto, Partial Release Agreement, dated January 11, 1993 by and between the City of Iowa City, Iowa and Randall's International, Inc.. filed January 29, 1993 in Book 1497, Page 131. Also relative thereto, Resolution No. 97-69 of the City of Iowa City, Iowa passed March 4, 1997, filed March 20, 1997 in Book 2240, Page 190, approving final plat of A Resubdivision of Lot 2, Westport Plaza, Iowa City, Iowa, and releasing certain portions of access easement areas and accepting the dedication of those easements designated "30' Access Easement" and "25' Access Easement" as shown on said plat of Resubdivision; and access easement release and relocation documents filed January 30, 1997 in Book 2218, Page 23. 10. Terms, provisions, covenants, conditions, limitations and regulations contained in and easements, rights and obligations created by Large Scale Non-Residential Development Plan for Westport Plaza and plat and approval thereof by City of Iowa City by Ordinance No. 86-3287, all filed February 14, 1991 in Book 1204, Page 249. 11. Storm Sewer and Water Main Easement by and between the City of Iowa City, Iowa and Charles W. Ruppert, et. al., dated February 12, 1991, filed February 13, 1991 in Book 1204, Page 137 as part of Large Scale Non-Residential Development Agreement shown above filed February 13, 1991 in Book 1204, Page 110, granting to the City of Iowa City, Iowa an easement for the purpose of the excavation and installation, replacement, maintenance and use of such storm sewer lines, pipes, water mains and conduits as the City shall from time to time elect for conveying storm Water, and all necessary appliances and fittings for use in connection with said pipelines, together with adequate protection thereof, and also a right-of-way with right of ingress and egress thereto, including storm sewer easements and storm water and water main easements, and the terms, provisions, covenants and conditions therein contained. 12. Storm Water Management Easement by and between the City of Iowa City, Iowa and Charles W. Ruppert, et. al., dated February 12, 1991, filed February 13, 1991 in Book 1204, Page 157 as part of Large Scale Non-Residential Development Agreement shown above filed February 13, 1994 in Book 1204, Page 110, granting to the City of Iowa City, Iowa an easement for the purposes of operating and maintaining a storm water control structure and storm water retention area or otherwise known as a storm water detention facility, which facility shall also include the real estate adjacent to the East side of the Property which is the subject of a Storm Water Management Easement Agreement by and between the Iowa City Airport Commission and Wal-Mart, also granting to the City the right of ingress and egress over the easement areas, and the terms, provisions, covenants and conditions therein contained. 13. Storm Water Management Easement Agreement by and between the Iowa City Airport Commission and WaI-Mart Stores, Inc., dated January 25, 1991, filed February 13, 1991 in Book 1204, Page 164 as part of Large Scale Non-Residential Development Agreement shown above filed February 13, 1991 in Book 1204, Page 110. 14. Easements as shown on the plat of Westport Plaza Addition aforesaid filed August 18, 1992 in Book 32, Page 289, except those access easement areas released in Resolution Approving Final Plat of A Resubdivision of Lot 2, Westport Plaza, Iowa City, Iowa, filed March 20, 1997 in Book 2240, Page 190; and access easement release and relocation documents filed January 30, 1997 in Book 2218, Page 23. -2- 15. Terms, provisions, covenants, conditions, limitations and regulations contained in and rights and obligations created by Subdivider's Agreement Westport Plaza made by and between WaI-Mart Stores, Inc., a Delaware corporation, and the City of Iowa City, Iowa dated August 4, 1992 and the City of Iowa City Resolution Approving the Preliminary and Final Plats of Westport Plaza Subdivision, all filed August 18, 1992 +in Book 1419, Page 280. 16. Encroachments by fences apparently of the land over the East line of the land over and onto the property adjoining on the East, by approximately 33 feet, as shown on survey by Dean E. Beranek, MMS Consultants Inc., dated October 20, 1992. 17. 100 Year Flood lines over and across the land and notes relative thereto, as shown on survey by Dean E. Beranek, MMS Consultants Inc., dated October 20, 1992. 18. Asphalt pavement of roadway in 30 foot access easement across the land located over and across and outside portions of the recorded 30 foot access easement area over and onto portions of the land adjacent to said 30 foot access easement, as shown on survey by Dean E. Beranek, MMS Consultants Inc., dated October 20, 1992. 19. Easements and rights created and granted by and covenants, conditions and restrictions contained in Easements With Covenants and Restriction Affecting Land dated January 29, 1993, filed January 29, 1993 in Book 1497, Page 102, which creates and grants the Parcel 2 easements, and which also creates and grants easements and rights over Parcel 1 and establishes covenants, conditions and restrictions affecting Parcel 1; as amended by Agreement to Amend ECR dated October 26, 1994, filed December 27, 1994 in Book 1852, Page 108; as further amended by Agreement to Amend ECR dated October 17, 1996, filed October 25, 1996 in Book 2176, Page 52; as furlher amended by Third Amendment to Easements With Covenants and Restrictions Affecting Land, dated January 9, 1997, filed January 30, 1997 in Book 2218, Page 23. 20. Easements as shown on Final Plat of A Resubdivision of Lot 2, Westport Plaza, Iowa City, Iowa, filed March 20, 1997 in Book 37, Page 264. -3- OFFER TO BUY REAL ESTATE AND ACCEPTANCE AND OFFER FOR TEMPORARY CONSTRUCTION EASEMENT TO: Su Valu, Inc., Seller. ~ 1. ESTATE DESCRIPTION. The Buyer offers to buy real in Johnson County, Iowa, legally describ, on the attached plat, marked Exhibit "A', with any el and appurtenant servient estates, but subj~ to the following: a. any zoning and other ordir b. any covenants of record; c. any easements :ord for public utilities, roads and highways; d. (consider: liens, mineral rights; other ; of others.) provided Buyer, on possess is permitted to make the following use of the Real .ublic use 2. ¢ As consideration for the described in paragraph 1, Buyer agrees to convey by warranty Seller the property le. described on the attached plat marked as Exhibit "B," with any and appurtenant estates, but subject to the following: a. any zoning and other ordinances; b. covenants of rec c. any easements of record for public utilities, roads and highways; and d. 2dee liens, rights; other easements; interests of others.) provided Seller, on ~ possession, is pe itted to following use of the Real Estate: commercial 3. REAL ESTATE TAXES. a. Each party, with respect to each currently respectively owns, shall pay all real estate taxes that are due and as of the date of possession and which constitute a lien against the property, ~aid real estate taxes for any prior years. b. Each party, with the , each currently respectively owns, shall pay their prorated share, based the date of p session, of the real estate taxes for the fiscal year in which possession is en (ending Ju e 30, 2000) due and payable in the subsequent fiscal year (commenci; July 1, 2000). Each party shall be g' I n a credit for such pr ration at closing (unless this agreement is for an installment contr cl, based upon the last own actual net real estate taxes payable according to the pu ic 7ecord. However, if suc taxes are based upon a partial assessment of the present pro e~ improvements or a cha ged tax classification as of the date of possession, such oral on shall be based on the urrent millage rate, the assessed value, legislative tax ro acks and real estate tax exemp 'ons that will actually be applicable as shown by the As essor's records on the date of posse sion. c. Each party shal pay all subsequent real estate taxes n the property each is respectively acquiring. 4. . SPECIAL ASSES MENTS a. Each party, ith respect to the parcel each currently respectrvely owns, shall pay all special assessments ' lien on the Real Estate as of the date of closing. -2- 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to delivery of possession of the respective parcels shall be as follows: a. All of loss shall remain with the current owner of each respective parcel until after the closin :curs. / 6. MATTERS. a. Each party to the best of their knowledg{ belief, that there are no abandoned wells, solid disposal sites, hazardous or substances or underground storage tanks located on respective parcels each is g, the respective parcels each is conveying do ontain levels of radon asbestos or urea-formaldehyde foam insulation which ire remediation under environmental standards, and that each party has done g to contaminate parcels they are conveying with hazardous wastes or lstances. Each p~ warrants that the property it is conveying is not subject to any ;tale, or federal or administrative action, investigation or order, as the case regarding w~ ;, solid waste disposal sites, hazardous wastes or substances or under s. Each party shall also provide the other with a properly executed STATEMENT showing no wells, solid waste disposal sites, hazardol or underground storage tanks on the Property, unless disclosed here: b. Each party may, at its expense, 15 days after the date of acceptance, obtain a report from a qualified engineer or qualified to analyze the existence or nature of any hazardous materials, or wastes located on the Property it is acquiring. In the event materials, substances, conditions or wastes are discovered, the acquiring hereunder shall be contingent on the removal of such materials, or wastes or other resolution of the matter reasonably satisfactory the acquiring However, in the event either party pursuant to the foregoing sentenl is required to any sum in excess of $ 0.00 to remove any hazardou~ materials, substances, or wastes, then said party shall have the option to this transaction and to Buyer all earnest money paid and declare this A null and void. The of any inspection shall be paid by the acquiring party. expense of any action to remove or otherwise make safe any hazardous substance, conditions or shall be paid by the conveying party, subject to ; party's right to cancel this as provided above. 7. POSSESSION CLOSING. Subject to each party's of title and both parties' timely performance of all digations herein, closing shall be held no than May 31, 2000, and possession of each parcel or~ real estate shall be delivered to the other date of closing with any adjustments of rent, insuranze, and interest to be made as of the date of of possession. 8. FIXTURES. All property that integrally belongs to or is part of Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating eqmpment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and -3- antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITL'xE. Each party shall convey merchantable in conformily with this agreement, Iowa law and Title of the Iowa State Bar Association. 11. DEED. Each party shall respective Real Estate to other or its assignees, by WARRANTY deed, free and clear of liens, restrictions, and es except as provided in 1 .a. through 1 .d. and 2.a. through 2.d. eneral warranties of shall extend only to the time of acceptance of this offer, with special as to acts of the c{ party continuing up to time of delivery of the deed. 12. TIME IS OF THE ESSENCE. Time is in this contract. 13. STATEMENT AS TO LIENS. If either party to assume or take subject to a lien on the Real Estate, the conveying party shall fumish the ace party with a written statement from the holder of such lien, showing the correct balance due. 14. CONTRACT BINDING ON SUCCESS IN This contract shall apply to and bind the successors in interest of the parties. 15. CONSTRUCTION. Words and shall be as in the singular or plural number, and as masculine, feminine or neuter g to the 16. TIME FOR ACCEPTANCE. offer is not accepted by on or before 5:00 p.m. on May 5, 2000, it shall become void at Bt option. 17. OTHER PROVISIONS. B agrees to reconstruct SELLER's a cess to Ruppert Road at access to Ruppert Road at the n s wn 18. This agreement is upon the approval of the City Council of Iowa City on or before May 16, 2000. -4- DATED: May 16, 2000 \ CITY OF IOWA CITY, IOWA'\ BUYER Ernest W. Lehman, Mayor This offer is accepted 000. SUPER VALU, INC. SELLERS By: EXHIBIT "A" PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 LEGEND AND NOTES I hereby certify that this land surveying document was prepared and ~ CORNER. FOJND CORNER, RE:ESTABLISHED the related suy work was performed by me or under my direct /% - CONGRESSIONAL CORNER, RECORDED LOCAllON t · - PROPIrRTY CORNER(S), FOUND {as noted) O - PROPERTY CORNERS SET (5/8" Iron Pin w/yellow. p4osUc LS Cop embossed with 'MMS" ) - PROPERTY' &/or BOUNDARY LINES 20__. - CONGRESSIONAL SECllON LINES GLEN D. MDSNER, P.E. & Iowa Uc. No. 8165 - RIGHT-OF-WAY LINES - CENIER UNES - LOT LINES, INTERNAL My license renewal dote 31, 20 __. - LOT LINES, PLATF_D OR BY DEED ....... - EASEMENT LINES, ~Dlt-( & PURPOSE NOTED ...... - EXISllNG EASEMENT UNES. PURPOSE NOll~D Pages cr sheets covered by this seal: <R) - RECORDED DIMENSKNS - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER CLOSURE IS LESS THAN 1 F001 IN 20,000 FEET ,RE PROVIDED FOR GAS. ELECTRICITY. 1ELEPHONE, VISION, SANITARY SEWERS, WAllER MAINS, AND SEWER DRAINAGE. RIGHT OF WAY ~ LEGAL DESCRIPTION c ......,n. ott.. .the.,¢ .....,..tpor, P, ....,owo ACQUIISITION r-~ City, Johnson County, Iowa in accordance with the plot ~' ~ 2.169 sq. ft !ii~ recorded in plot book 32, at page 289, of the records of ~t ~' the JOhnson County Recofder's Office; lhence NO0'Sf23'E, 4ZL7 Q, "<' along the East Line of said Westport Plaza, 654.87 feet, to ~ ~ the Point of Beginning; ll~ence N36'49'53'W, 93.95 feet, to o point on the North Line of said Westport Plaza; lbence Z~ : ~ S89'08'37"E, along sold North Line, 60.00 feet; l)~ence ~ ~ S00'51'23"W, along the West Line of said Westport Plaza, o ~ 72.30 feet, to said Point of Beginning. Said trod of land ~ contains 2,169 Square Feet, end is subject to easements and ~ ) restrictions of record. i POI OF BEGI ING LOT 2 d G]~A~H]C SCALE IN _~Q::i~ 1'=40' ViESTPORT PLAZA N"x~! OWNER OF RECORD: SUPER VALU /5~,.D~/F SURVEY REQUESTED BY: EBAR CITY OF IOWA CITY ~' DATE OF SURVEY: MARCH 29, 2000 g~ ~ '. ~ Sheet ntis: E0. W. ACqUZSITZON PLAT "~r. .,r IVIi ' ' o~ I1: h~ Project Title: Iowa City, Iowa (319) 351-8282 pz "O Designed Dro~n by: Checked b:~ X TO IOWA CITY, IOWA yk, ,y~ LRS dam GDM EXHIBIT "B" PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (,319) 351-8282 LEGEND AND NOTES I hereby certify that this land surveying document was prepared and ~, - CONGRESSIONAL CORNER, FOUND the related survey work was perforn~ed by me or under my direct ~Z~ - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER. RECORDED LOCA~ON personal supervision and that I am o duly licensed Lend Surveyor under the lows of the Setl~lllkof Iowa. De - PROPERTY CORNER(S), FOUND (as noted) - PROPERTf CORNERS SET (5/8" Iron Pin w/y~llow, plastic LS C<Ip  embossed with 'MMS" ) , - PROPERTY 8c/or BOUNDARY LINES 20__. -- CONGRESSIONAL SECTION LINES - RIGHT-OF--WAY LINES GLEN D. MEISNER, P.E. & L.S.Lic. No.8165 ,/ - CENTER UNES / - LOT UNES, INTERNAL My license renewal dote is December / - LOT UNES, PLATteD OR BY DEED _'*/~ EASEMENT UNES. WDTH & PURPOSE NOED ~ ..... -' EXISI1NG EASEMENT UNES, PURPOSE NOTED - REcoR D DIMEN.ONS Pages or sheets covered by this se~t: - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED O1HE~VMSE. ALL DIMENSIONS ARE IN FEET AND HUNDREDIHS ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET U'I]UTY EASEME. NTS SHALL INCLUDE ALL PLATTED RIGHT-OF-WAYS AND ARE PROV1DED FOR GAS. ELECTRICITY, TELEPHONE. ~ T.V. CABLE VISION, SANITARY SEWERS, WATER MAINS,AND STORM SEWER DRAINAGE. _._~x~' LEGAL DESCRIPTION LOT I Au ,ToR'sPARoEL2Doo-o ~q:~\ Commencing at the Southeast Corner of Westport Plaza, Iowa ~ ~ City, Johnson County, Iowa in accordance with the plat (/) ~ recorded in plot book 32, at page 289, of the records of the Johnson County Recorder's Office; Thence N0051'23'E, along the East Line of said Westport Plaza,754.71 feet. to ~ ~ ~ the Point of Beginning; 'R~ence continuing NO0'51'23"E. i a.o.g.a,.,...,....OO.,6,.,;Th .... 78.03 feet, along a 410.00 foot radius curve, concave Northeasterly, whose 77.91 foot chord beers, 536'09':50'E;  ~< ~ ~ Thence S5153'07"W, 60.33 feet, to said Point of Beginning. ~Z~ Jg.. Said tract Of land contains 2,253 Square feet. and is ~ 41o.0o' , .~. ~') / / // //////1/t/Ill '~~ /...O..~ / ~ o,, ,. ~ , LOT WESTPORT PLAZA ~ ~ PROPRIETOR: ,.E, CITY OF IOWA CITY, IOWA  SURVEY REQUESTED BY: - CITY OF IOWA CITY, IOWA DATE OF SURVEY: MARCH 29, 2000< 'o ~ ~: ~ Sheet TItle: ~ j F' T OF SUSVSY MMS Co,s .,xrs, INc ~ = _ ~- '~" Rro~t ~t,e: ~J~ Io~,a C~t:,, iowa (3~) 3S~-S2S2 ~ cr<~ - o I Pot. SW 1/4, SE 1/4 Sec 16-79-6 ~ by= [ C,,4 ~ ~' "O Designed Drawn by Checked ~ ~ TO IOWA CITY, I0WA g /~:/,k LRS dora GDM Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-175 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WEST SIDE TRUNK SANITARY SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 13th day of June, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, ~o be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20t day of June, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this16thday of May ,2000. _/4,/. . "'- city Attorney's Office pwengV~s~gascoll3.doc Resolution No. 00-175 Page 2 It was moved by Vander'hoef and seconded by O'Donne] ] the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X ,' Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: JCCOG Solid Waste Coordinator, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 00176 RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL O!= GOVERNMENTS REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. WHEREAS, Chapter 455B.302, of the Code of Iowa, states that each city and county of this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the adopted hierarchy of solid waste management (so stated in Chapter 455B.301 A), and; WHEREAS, Chapter 455B.306(1) of the Code of Iowa, states that all cities and counties shall file with the Iowa Department of Natural Resources a comprehensive plan detailing the method by which those waste reduction and recycling program requirements will be met, and that plan shall be updated consistent with the rules of the Environmental Protection Commission, and WHEREAS, an update of the Regional Comprehensive Solid Waste Management Plan has been prepared and adopted by the East Central Iowa Council of Governments, and The City of Iowa City will fulfill its planning requirement through its adoption, and; WHEREAS, the City Council of Iowa City has reviewed the update of the Regional Comprehensive Solid Waste Management Plan, and the City Council of Iowa City is committed to the State of Iowa's waste reduction and recycling goals; NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa, hereby adopts the East Central Iowa Council of Governments Regional Comprehensive Solid Waste Management Plan, and will make its best effort to put into action the implementation plan and schedule. A copy of the plan is on file in the City Clerk's office. Passed and approved this ].6th day of Ma ,20 00 CI~LERK City Attorney's O~ice It was moved by 0' Donne'l ] and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn jccogswlres/ecicog.doc _ JCCOG Ill e Ill o Date: April 24, 2000 To: Communities and unincorporated areas in Johnson County served by the Iowa City Landfill; Kalona, and Riverside From: Brad Neumann~JCCOG Solid Waste Management Planner Re: Update of Regional Comprehensive Solid Waste Management Plan As a member of Iowa City Landfill service area, your community/county is required by the Iowa Department of Natural Resources (DNR) to participate in the ECICOG Regional Comprehensive Solid Waste Management Plan. This document must be updated, approved, and resubmitted to Iowa DNR every three years. This is our third update of this plan. The Iowa City Landfill service area portion of the plan was dev,,e. Joped by a Johnson County Council of Governments (JCCOG) subcommittee. The 2000-2006 Update has been completed, and must be considered for adoption by the following entities that are served by the Iowa City Landfill: Coralville, Hills, Iowa City, Lone Tree, North Liberty, Oxford, Shueyville, Solon, Swisher, Tiffin, University Heights, Riverside, Kalona, and Johnson County. If any of these entities do not adopt the updated plan, they must develop their own solid waste management plan in order to remain in the Iowa City Landfill service area. A copy of the comprehensive plan is enclosed, as well as a sample resolution. Please send me a copy of the adopted resolution, signed and dated, before the end of May 2000. I will be glad to attend City Council or Board meetings to discuss this matter in more detail if you wish. Please contact me at (319)356-5235 if you have any questions or concerns. cc: Marie DeVries, ECICOG Jeff Davidson, JCCOG jccogsw~nemos~swmpupdat,doc Subsequent Regional Comprehensive Integrated Solid Waste Management Plan 2000-2006 for the East Central Iowa Council of Governments Solid Waste Planning Area Submitted to Iowa Department of Natural Resources April 14, 2000 Prepared by Marie DeVries, Solid Waste Planning Coordinator Jennifer Ryan, Solid Waste Planner under the auspices of the East Central Iowa Council of Governments (ECICOG) Solid Waste Technical Advisory Committee and the ECICOG Board of Directors CONTENTS Section Page Preface ....................................................................................................................................iv 1 Planning Area Description ..............................................................................................1 2 Baseline Data ...............................................................................................................10 3 Evidence of Cooperation ...............................................................................................15 4 Updates on Public Participation Opportunities ..............................................................17 5 Public Involvement and Education Activities .................................................................20 6 Integrated Waste Management System/ Evaluation of Progress Toward Meeting the Goals .......................................................32 7 Re-evaluation of Alternatives According to State's Waste Management Hierarchy ..........................................................................43 8 Six-Year Implementation Plans and Schedules .............................................................49 Appendices A Iowa DNR Comprehensive Plan Deadline Extension Letter B ECICOG 2000 Board Members C Recycling Guides and Brochures from ECICOG Solid Waste Planning Area D Resolutions E Waste Tire Program Education Materials F Update of Recycling Opportunities in the ECICOG Solid Waste Planning Area G Residential Recycling Drop-off Facilities in the ECICOG Solid Waste Planning Area H Solid Waste Abatement Tables: Benton, Iowa, Johnson, Jones, Linn, and Tama Counties I Base-Year Adjustment Tables: Benton, Iowa, Johnson, Jones, Linn, and Tama Counties J Cedar Rapids/Linn County Solid Waste Agency: Bluestem Solid Waste Agency Plan as required for sanitary disposal projects Attachments J-1 Alternative Technology Information J-2 Bluestem Web Site J-3 Description of Service Areas from ECICOG Member Solid Waste Agencies J-4 Bluestem/Linn County Waste Composition and Generation J-5 City Carton Company Recyclables Processing Contract J-6 Special Materials Processing Contracts and/or RFP J-7 Corrugated Cardboard Ban Materials J-8 Outreach Investment Program Materials J-9 Cedar Rapids Schools Eco-house Materials J-10 Composting: Updated Cost Information J-11 The Landfill Link J-12 Combustion with Energy Recovery J-13 Land Disposal Options: Assumptions and Cost Analyses J-14 Integrated Waste Management Budget FY2001 TABLES Number Page 1.1 Permitted Municipal Solid Waste Landfills in the ECICOG Planning Area ....................... 4 1.2 Permitted Municipal Solid Waste Landfill Design Features .............................................5 1.3 Recycling &Composting Processing Facilities Serving the ECICOG Solid Waste Planning Area .............................................................................................8 2.1 Populations of the ECICOG Solid Waste Planning Area ...............................................10 2.2 Solid Waste Landfilled in the ECICOG Solid Waste Planning Area, FY99 ..................... 11 4.1 Public Participation Meetings Held in the ECICOG Solid Waste Planning Area to Discuss the 2000-2006 Subsequent Plan .........................................................18 5.1 Benton County: Public Education Activities Concerning Waste Reduction 1997-2000 ...................................................................................................21 5.2 Iowa County: Public Education Activities Concerning Waste Reduction 1997-2000 ...................................................................................................22 5.3 Johnson County: Public Education Activities Concerning Waste Reduction 1997-2000 ...................................................................................................23 5.4 Jones County: Public Education Activities Concerning Waste Reduction 1997-2000 ...................................................................................................25 5.5 Linn County: Public Education Activities Concerning Waste Reduction 1997-2000 ...........................................................· ........................................26 5.6 Tama County: Public Education Ac{ivities Concerning Waste Reduction 1997-2000 ...................................................................................................28 6.1 Recyclables Processed/Composted by Facilities in the ECICOG Solid Waste Planning Area ....................................................................................................36 6.2 Summary of Waste Reduction Assistance to Business & Industry 1997-1999 .............. 38 6.3 Regional Solid Waste Abatement Table for ECICOG Planning Area ............................. 41 6.3 Regional Base-Year Adjustment Method Report Table for ECICOG ............................. 42 7.1 Subsidized Costs for Recycling and Waste Reduction Programs .................................. 46 8.1 ECICOG Integrated Waste Management Activities: 2000-2006 .................................... 49 8.2 Benton County Integrated Waste Management Activities: 2000-2006 ........................... 51 8.3 Iowa County Integrated Waste Management Activities: 2000-2006 ............................... 53 8.4 Johnson County Integrated Waste Management Activities: 2000-2006 ......................... 55 8.5 Jones County Integrated Waste Management Activities: 2000-2006 ............................. 58 8.6 Linn County (Bluestem) Integrated Waste Management Activities: 2000-2006 ............. 60 8.7 Tama County Integrated Waste Management Activities: 2000-2006 ............................. 61 FIGURES Number Page 2.1 ECICOG Solid Waste Planning Area Waste Abatement and Population 1988-1999 ..................................................................................................10 2.2 Bluestem Municipal Solid Waste Composition, 1999 ...................................................12 2.3 Iowa City Landfill Municipal Solid Waste Composition, 1998 ........................................14 4.1 Planning Flowchart ......................................................................................................17 6.1 1999 Disposal Reduction: ECICOG Solid Waste Planning Area ..................................40 MAPS Number Page I East Central Iowa Council of Governments Solid Waste Planning Area ..........................2 II ECICOG Communities with Unit-based Pricing Programs ............................................33 Ill ECICOG Communities with Residential Recycling Drop-offs and Curbside Collection .......................................................................................................35 PHOTOS Description Page Bluestem Compost Facility (Site #3) ......................................................................................iv Iowa Recycling Association Best of Iowa Recycling Awards ...................................................3 Bluestem Cardboard Ban Sign & Mt. Vernon Curbside Recycling Program ............................7 Cedar Rapids Eco-house Work Site .......................................................................................9 City Carton Company Recycling Sort Line (Cedar Rapids Plant) ..........................................16 Bluestem FestaFun Display & Magic School Bus Program ...................................................20 Jones County Household Hazardous Materials Collection Facility ........................................22 Iowa City Landfill 1997 Waste Characterization Study ..........................................................24 Bluestem Metals Recycling & ICN Education Graphic ..........................................................29 Bluestem Waste Tire Amnesty Event ...................................................................................30 Bluestem Pollution Prevention Center Swap Shop ...............................................................34 Recycling Drop-off at Bluestem Site #2 ................................................................................39 Bluestem's Bioreactor Cell & Site #3 Composting Facility .....................................................48 Benton County Recycling Drop-off Trailer .............................................................................52 Iowa County Waste Tire Amnesty Event ...............................................................................54 Recyclables Processed at City Carton Company (Cedar Rapids Plant) ................................60 iii Preface In 1989, the East Central Iowa Council of Governments (ECICOG) coordinated the preparation of the first Regional Comprehensive Solid Waste Management Plan. The plan was prepared and submitted to the Iowa Department of Natural Resources (IDNR) to meet the requirements of the 1987 Groundwater Protection Act. The landfills participating in the plan are: Benton County, Bluestem Solid Waste Agency (formerly Cedar Rapids and Linn County), Iowa County, Iowa City, Jones County, and Tama County. The plan was received, reviewed, and approved by the IDNR in spring 1990. ECICOG hired a regional solid waste planning coordinator to oversee the implementation of the comprehensive plan in June 1990. The first subsequent plan was submitted in December 1993 and approved by the IDNR in March 1995. The second subsequent plan was submitted in March 1997 and approved by the IDNR in May 1997. This update is a statutory requirement, pursuant to Iowa Code sections 455.304 and 455D.7, and amended Chapter 101.5(7)"b"(2), Iowa Administrative Code, 1992. The document is formatted according to the Planning Handbook (June 1995, Revised March 1998) published by the IDNR. Although this third update was due January 1,2000, the IDNR granted an extension until April 14, 2000, in order to address Comprehensive Plan, Part I requirements regarding the proposed Bluestem Solid Waste Agency landfill site. (Appendix A) All information provided and material submitted herewith was prepared by the ECICOG solid waste planning division under the direction of the Solid Waste Technical Advisory Committee of the ECICOG Board of Directors, and on behalf of participating landfills and local governments. The Bluestem Solid Waste Agency ~mposting facili~ (Site ~3) is among ~e largest in the ~unt~. SECTION 1. PLANNING AREA DESCRIPTION Responsible Agency The East Central Iowa Council of Governments (ECICOG) is responsible for preparing Subsequent Solid Waste Comprehensive Plans. Inquiries related to the plan should be directed to: Solid Waste Planning Coordinator East Central Iowa Council of Governments 108 Third Street SE, Suite 300 Cedar Rapids, Iowa 52401 Phone: 319-365-9941 Fax: 319-365-9981 e-mail address: ecicog @ ia.net The Solid Waste Planning Coordinator is under the direction of the ECICOG Solid Waste Technical Advisory Committee (TAC) which reports to the ECICOG Board of Directors. The ECICOG Board is comprised of elected officials and private citizens representing member governments. The board members for 2000 are listed in Appendix B. Voting members of the TAC represent the planning area's landfill owners/integrated solid waste management commissions. Current (FY2000) voting members are: 1. Dave Hogan, Executive Director, Bluestem Solid Waste Agency (Linn County) 2. Floyde Pelkey, Operations Director, Bluestem Solid Waste Agency (Linn County) 3. Bob Gumbert, Advisor, Tama County Solid Waste Disposal Commission 4. Diane Casper, Leonard Brokens, or Stuart Ireland, Jones County Solid Waste Management Commission 5. Brad Neumann, Planner, Johnson County Council of Governments Solid Waste (Iowa City Landfill) 6. Myron Parizek, Benton County Engineer, Benton County Solid Waste Disposal Commission 7. Rick Heller, Iowa County Environmental Director, Iowa County Regional Environmental Improvement Commission Current non-voting participants (FY2000) include: · Brenda Tjaden, Planning Area Representative, Iowa Waste Exchange · Rick Meyers, Linn County Representative, Iowa Waste Exchange · Mike Berkshire, Planning and Education Coordinator, Bluestem Solid Waste Agency · Jeff Maxted, Education Specialist, Bluestem Solid Waste Agency · Dave Elias, Wastewater Treatment & Landfill Superintendent, Iowa City Landfill Participating Local Governments The ECICOG Solid Waste Planning Area is defined as all cities and unincorporated areas in Benton County; all cities, excluding Victor, and unincorporated areas in Iowa County; all cities and unincorporated areas in Johnson County; all cities and unincorporated areas in Jones County; all cities and unincorporated areas in Linn County; all cities and unincorporated areas in Tama County; and the cities of Kalona and Riverside in Washington County. (Map I) Code of Iowa Chapter 28E Entities The following Chapter 28E entities currently have integrated solid waste planning responsibilities in the ECICOG planning area. · Benton County Solid Waste Disposal Commission. The commission is responsible for solid waste management facilities and programs including diversion and toxicity reduction programming. ', :-: .,: · Bluestem Solid Waste Agency. Bluestem was formed in 1994 by the City of Cedar Rapids and Linn County to provide environmentally sound solid ,,~-' ' ....,*- 'i' waste management activities in Linn County. ~*~'~. Bluestem oversees the operation of two landfills ' (formerly the Cedar Rapids landfill and the Linn County landfill), a source separated composting site, the processing and marketing of recyclable materials, and county wide waste reduction and recycling education programs. (I. to r.) Dave Hogan, Mike Berkshire, Liz Christiansen. and Jeff Maxted accepting the "1999 Best Youth Education Program" award · East Central Iowa Council of Governments from the Iowa Recycling Association. (ECICOG). ECICOG is an intergovernmental council established in 1972 under Chapter 28E and provided for under Chapter 28H of the Code of Iowa. ECICOG was created to promote regional cooperation and to provide professional planning services to member governments. The solid waste planning division was created in 1990 to coordinate and facilitate the solid waste comprehensive planning process. · Iowa County Regional Environmental Improvement Commission (REIC). The REIC was formed in 1990 for the purpose of operating and maintaining solid waste facilities for and on behalf of the county and its governmental units. In addition to landfill services, the REIC sponsors recycling and toxicity reduction programs. · Johnson County Council of Governments (JCCOG). JCCOG Solid Waste Management Planning Division, established in 1990, assists members in developing strategies for addressing solid waste issues. These issues include state mandated landfill regulations, recycling, hazardous . ": :" . .: waste disposal, and waste reduction/diversion. The division also assists in development of this plan. -- f"':~ ~' ~ \ · Jones County Solid Waste Management Commission. Formed in 1972, the commission ~, - .........,.;...., establishes landfill policies and fees as well as sponsors various waste diversion and toxicity /p oj reduction programs r ects. '- · Tama County Solid Waste Disposal Commission. The commission oversees ·landfill operations and ; ' promotes/implements waste diversion and toxicity reduction activities. Wyoming Mayor and Jones County Solid Waste Management Commission Chair Stuart Ireland (I.) accepting the "1999 Outstanding Public Service for the Betterment of Recycling" award from the Iowa Recycling Association. Permitted Sanitary Disposal Projects There is at least one public, permitted municipal solid waste landfill in each county of the ECICOG Solid Waste Planning Area. Table 1.1 describes the service area for each landfill, the current tipping fee at each facility, per capita charges, and estimated remaining capacity. Table 1.1 Permitted Municipal Solid Waste Landfills in the ECICOG Planning Area* Estimated years Estimated of capacity remaining remaining at FY00 tipping fee FY00 per capacity in current tonnage Landfill Service area* (per ton) capita charge cubic yards intake Bluestem Linn County $35 -- 2,800,000 6 Years (Sites 1 & 2) $15 compostables Benton Benton County $40 (Construction & $18.00 300,000 15-18 Years demolition waste only;, no tipping fee for municipal solid waste) Iowa City Johnson County $43.50 -- 1,240,000 12-15 Years (Johnson and the cities of $38.50 (Iowa City Co.) I~alona & residents) Riverside in $24 compostables Washington Co Jones Jones ~County $40 $ 2.50 323,300 11-13 Years Iowa Iowa County $40 $16.00 125,000 5-6 Years (excluding $70 (Out-of-county VictOr) residents) Tama Tama County i~ $30 $5.50 170,000 7-8 Years Source: Landfill representatives from each county *Note: Planning area and service area are not the same. The service area represents the political entity(s) from which waste is drawn; the service area is determined by the landfill's local governing board. Letters from each landfill's governing board stating their respective policies regarding waste from outside their service areas are included as Appendix J-3. The planning area represents political subdivisions that have agreed to cooperate, when feasible, on issues, programs, and projects conceming waste reduction and diversion, including recycling and education. Design features for the permitted sanitary disposal projects in the ECICOG Solid Waste Planning area are described in Table 1.2. 4 Table 1.2 Permitted Municipal Solid Waste Landfill Design Features Facility Name Liner System in Use~ Leachate Recovery System in Use2 Gas Recovery System3 Recompacted Composite Not Present Underdrain Extraction Not Present Passive Active Clay Benton County Landfill X X X Iowa County Landfill X X X X Iowa City Landfill X X X X Jones County Landfill X X X Bluestem Site #1 X X X Bluestem Site #2 X X X Bluestem Bioreactor X X X Tama County Landfill X X X ~ Composite liner includes both geosynthetic liners and recompacted clay 2 Underdrain systems are commonly installed at the time of cell construction Extraction systems are usually installed to retofit a previously constructed cell to allow leachate recovery 3 Passive gas systems vent gas into the atmosphere Active gas systems use an extration process to supply gas for energy production Integrated systems require disposal capacity. Members of the ECICOG planning area support integrated solid waste management systems recognizing that: o:o Landfills have finite capacity. o:o Composting/combustion have residual material that requires landfilling. o:o Recycling is subject to supply and demand. This means that recovered materials may have to be burned/buried when markets fail. o;o Waste composition changes continually and affects how material is processed. ECICOG solid waste commissions are mindful that meaningful integrated solid waste management systems must be complementary and extremely flexible. Currently, and for the immediate future, there is need for landfills. However, if the planning area is successful in implementing prevention and recovery of waste, the need for landfilling will be reduced. Other disposal facilities used by generators in the ECICOG planning area. Members of the ECICOG solid waste planning area are aware of at least two mobile (truck-to-truck) transfer operations that are hauling waste - generated in the region---out of the planning area. As of this writing, these mobile transfer operations do not have permits, and the agency is not provided with reports concerning tonnage, tipping fees, or final disposal facilities. Various sources of information - such as the following Cedar Rapids Gazette article indicate that additional tonnage is likely to leave the planning area in the future. IOWA , ,Si 'rm:;:c alils: Us!ban, prime,,i for'Waste transfer facility ..'CookY: :::! '~' ' By Ste .HIll said ,Lts~wo~d be an ~mmit~e, sai.d t~e ~mmittee ~ staff w~et . jd~ si~ for ~ w~te Manna- decia~ the s~fion co~d bring LZSBOH -- ~aerci~,~aste ment ~ansfer station ~ause it jobs to the city and ~ rc~uce ~ 't~at;'would be ~ed In ~ a Ls q~ost a' ~'~ eye" in the ~sldenLs' wa~e di~o~l fees hy ~ g~e disposal com!~ny lo- middle of four of the company's ms much as $~.~0 a month. ~ ~t~ a w~te .~f~ ation hauling cente~ in ~dar Rap- Waste: Ma~ment:: ~ ~ h~ wo~d be :~cked :ore: ::al- ids, low. CIty..~ama ad ~-,;~iaeY~g'::o~he~ ma ;~ faSt,as tt~me, ~m~7 Lisbon. Highways 30 and I ~so :h~ ~s~i~ ~r ~on' Bie~ ca ~ast night:' ::: :: :~:~ :r~ th~ ore. facUtUes, no~:::ao~;to "The g~e:~do~n't ,s~y tn said. wlt~ a ye~. "We~ L~n," sad ~ H~, ~vi- ~hose f=~ities:c~rendy ha~ you 'W~t We wo~ ~do;: sion maager for W~te Man- to lal Janrifles, With the was~ :what to expel" he ~1d, "If yon aem lnc., a: nationa~ waste ,,~,~an~er station, H~ey wo~d :w~t tt::bU~L,~eaL ~ y~u doe't, a~l tompay t~t HiB said ,~a~ ~ppt~X~at~' 1~ to~ ~;:: 'we~ ope~t~ 330 s~i~r staaons ha- day to l,,ls~n, ~en ~ MoraL-We ha~:~SCu~tons 'with fionWlde. "It sta~ a couple cr-.~n, m. ; .CO~ia6S)' ::' horn m~d ~ th~ hauled off." Monday's p~nmaon was-~=':~as~e ~Management :,h:as ~c~s .q~:W~te Maage- ~e mm~,S':fO~: ]ntrodu~ scheduled an informational m~t. ao~d at '~e :coff~c~ don ?~to the-:~: wine m~:t~ tO aswer qu~ions m.t~ mat me,:~,:;: ~:h~ia~v-: ~-~- s~uO~ :~ ~:;:;~::~:~,~::; ::: :~=~ ,]%,~:~ ~e :propo~:,:(o~: and then to a la~d~l i~ ~mois. Rex C~k, who was on the ~a,a or 6 Competition for waste from private transfer operations presents tremendous challenges to publicly supported solid waste management. For effective planning, it is necessary to know how much material is being generated and where it is going, Local governments - with their responsibility to protect human health and the environment for their citizens - are obligated to provide the safe, efficient, and economic delivery of integrated solid waste management services. In the ECICOG planning area, local governments have made considerable investments in waste disposal and material recovery programs. The policy adopted by the governmental units that own landfills in the ECICOG planning area can be summarized as follows: waste deposited should come primarily from local generators - the residents who live and work within the landfill service area, which generally follows county boundaries. (Letters describing these policies are presented in Appendix J-3). ..........:.. : :: .. :, :...--;.-, ,. · , .. , ..: . .~ Picture of the sign located at each ·. ,." .'. ' ' ~ ' of the Bluestem Solid Waste .:.' :. ': "' ;.' - ' '! ..~, :: ' ," ' ~ Agency disposal facilities. .,: !!'.-:':"'. i:-,:: i:-" .' .... - := - -..;.-. ::: .::: .:~, .~ ..._-;.,: .~.;_.:. ,'., ~ - aC, cardboard was banned ~- ' "':--:- ': " - -:' "' '- beginning January 1, 1999. Recyclables Processing and Composting Facilities The ECICOG Solid Waste Planning Area has a number of recyclables processing and composting facilities. Table 1.3 summarizes information concerning waste management/recycling processing facilities. These facilities are also depicted on Map I: ECICOG Solid Waste Planning Area (p. 2). Table 1.3 Recycling & Composting Processing Facilities* Serving the ECICOG Solid Waste Plannin~ Area Service Area (within ECICOG Facility Name Description Location planning area) Contact Person Anamosa State Composting facility [prison Anamosa Prison campus Greg Wagner Penitentiary food scraps, wood chips, 319-462-3504, nonrecyclable paper] ext. 215 Benton County Recyclables processing Vinton Benton County Myron Parizek Engineer [shingles, glass] 319-472-2211 BFC, Inc. Combustion [wood waste, Cedar Rapids Linn County Jeff Carter paper waste, "other" bio-fuels] 319-366-5801 Bluestem Site #3 Composting facility [yard Cedar Rapids Linn County Dave Hogan, waste, clean wood, drywall, 319-398-1278 paper mill sludge, Genencor (soybean) sludge] City Carton Recyclables processing Iowa City, Johnson, Linn, Andy Ockenfels [paper, tin, glass, plastics] Cedar Rapids Iowa, Benton, & 319-351-2848 Jones Counties Corkery Recycling Recyclables processing Waterloo Benton, Tama Tom Cain [paper, tin, plastics, glass] Counties 319-236-1344 DAC, Inc. Recyclables processing Maquoketa Jones County Rose Edwards (Cities of 319-652-5252 Wyoming & Oxford Junction) D & D Ranch Vermi-composting--worm farm Swisher Johnson Deb Hofmann [food waste] County 319-857-4478 Johnson County Recyclables processing Coralville Johnson County Scott Rogers Recycling Center [paper, tin, plastics, metals] 319-338-5620 Kirkwood Community Composting [animal manure, Cedar Rapids Kirkwood campus Barrie Swinbank College Composting landscaping matedais] 319-398-4944 Facility Mason City Recycling Processing mixed paper for Mason City Benton County Dean Hess Center LTD. use as insulation 800-373-1200 Ron Cox Sanitation & Recyclables processing North English Iowa, Johnson, Ron Cox Recycling [paper, metals, plastics, glass] Tama, Benton 319-664-3025 Counties *These facilities process and market materials; they are not just drop-off or collection centers. Based on an ECICOG survey, yard waste collected curbside in the majority of the region's small towns is deposited at the landfill, on city property, or on privately owned property. (Appendix F) Numerous businesses and non-profit organizations in the ECICOG planning area process various recyclables and/or manufacture recyclables into new products. Examples: · Goodwill Industries provide drop-offs for used clothing and furnishings. · The Salvage Barn in Iowa City deconstructs buildings and sells the architectural salvage including fixtures, flooring, windows, and doors. · Iowa Gold Distributing recycles oil filters and antifreeze. · Recycled Products in Jones County makes windows, lumber, and lawn furniture from HDPE plastic. · Riverside Pallets in Riverside uses wood waste to make its product. 8 Businesses and organizations that accept recyclables are listed in the recycling guides of both Johnson and Linn Counties (Appendix C). The Iowa Recycling D/rectory is another source of information, Companies that collect, process, or are end users of recyclable materials are listed by commodity and county as well as alphabetically. Also available at the ECICOG office are the Environmental Building News (EBN) Product Directory, Guide to Resource Efficient Building Elements, and other sources of information - including a list of websites - that address environmentally friendly building materials, including products that have recycled content. Sign at the Cedar Rapids Schools 1999-2000 Student Built House project. The Eco-house project is teaching students about environm entally friendly building products and construction techniques. Cedar Rapids Community Schools 1999-2000 Student Built Eco-house job site in Hiawatha. 9 SECTION 2. BASELINE AND CURRENT YEAR DATA Population Data The baseline population figures used in the solid waste abatement tables and the base-year adjustment tables are extrapolations from 1980 and 1990 census data, summarized in Table 2.1. Table 2.1 Populations of the ECICOG Solid Waste Planning Area Year Benton* Iowa** Johnson** Jones Linn Tama* ECICOG 1988 13 718 95,320 19,140 165,980 335 433 1989 13686 97,145 19,390 167,710 339 398 1990 13 788 98,885 19,444 168,767 342 351 1991 13 909 99,535 19,568 170,665 345 144 1992 13 928 100,874 19,748 173.117 349.134 1993 14 040 101,867 19,839 175 092 17 606 352 305 1994 23,861 14 116 103,361 19,962 176 847 17 748 355 895 1995 24,347 14 327 104,209 20,353 179 090 17 755 360.081 1996 24.708 14,524 104,533 20,323 179 826 17 653 361 567 1997 25,001 14,644 105,115 20.274 181 289 17 668 363 991 1998 25.418 14,711 105,928 20,349 182 651 17 739 366 796 1999 25,418 14,711 105,928 20,349 182 651 17 739 366 796 Source: US Census * Benton and Tama counties use different baseline yeats than the other members of the planning area. ** Population figures for Iowa and Johnson counties are adjusted to reflect the makeup of the ECICOG planning region (Map I). Iowa County does not include the City of Victor, while Johnson County includes the cities of Kalona and Rivetside in Washington County. ECICOG planning area population trend from 1988 to 1999 is compared to the solid waste landfilled during the same time period in Figure 2.1. The population of the region has continued to grow while the waste landfilled has remained fairly steady. The recent decline in waste is due to increased waste reduction/recycling efforts as well as waste landfilled outside the planning area. Figure 2.1 ECICOG Solid Waste Planning Area Waste Abatement & Population 1988-1999 370,000 -- - 450,000 360,000 - ~ ' 400,000 - 350,000 350,000 - · · · · - 300,000 -- 250,000 340,000 - - 200,000 330,000 -- - 150,000 320,000 I ~ ~ a. ~ ~ ~ ~ ~ I ~ 100,000 + Population · Tonnage 10 Waste Landfilled and its Composition Landfilling of solid waste for the most recent year available (FY99) is presented in Table 2.2. Construction and demolition waste tonnage figures are derived from the IDNR Solid Waste Fee Schedule Form. This is waste disposed of in an area designated exclusively for the disposal of construction and demolition waste. Table 2.2 Solid Waste Landfilled in the ECICOG Solid Waste Planning Area in FY99 Construction & Total Waste Waste Landfilled per Demolition Landfilled by County Facility in Tons Waste in Tons County in Tons Benton 10,263 10,263 Iowa 7,755 2,557 10,312 Johnson 74,281 74,281 Jones 9,456 9,456 Linn 178,285 Bluestem Site #1 134,097 Bluestem Site #2 44,188 Tama 10,839 10,839 Total 290,879 2,557 293,436 Source: IDNR Solid Waste Fee Schedule Form Waste Composition The landfills in the planning area that have conducted waste composition studies are operated by the Bluestem Solid Waste Agency and the City of Iowa City. Linn County: In 1996, Bluestem commissioned a waste composition study at both landfill sites. The objective was to develop a baseline for planning and implementing an integrated solid waste management system for Linn County. During the spring of 1999, a follow-up waste sod was conducted at both landfill sites. The follow-up provided data that has helped the agency evaluate the effectiveness of a landfill cardboard (OCC) ban as well as the implementation of pay-as-you-throw and curbside recycling in the county's two largest communities--Cedar Rapids and Marion. The overall results of the 1999 waste sort are displayed in Figure 2.2. Among the 1999 findings: · Old Corrugated Cardboard (OCC) composes 1.6 percent of the waste stream - by weight - at Site #1 (landfill near downtown Cedar Rapids) and 0.6 percent at Site #2 (landfill outside of Marion). In 1996 these figures were 8.9 percent and 6.6 percent respectively. The data speak for themselves. There has been a substantial decrease in the percentage of recyclable OCC that is currently landfilled. · Total paper (including OCC) comprises 30.2 percent of landfilled waste. In 1996 this figure was 42.7 percent. · Today 14.3 percent of landfilled waste is plastic, compared to 15.6 percent in 1996, 11 Figure 2.2 Bluestem Municipal Solid Waste Composition in 1999 Wood o ! ",- ' ~ 4'/, ''~%'\~' 11 ~, 28 ~,,,,,, ' C ' 16% ' ' ~ , ,.'., ..::.~..~:~'~.-::::. *-~' ~,Metal '~= "' 14% /x ~ 15% /), ' ~ ,HHM Soume: Waste Characterization Study for the Bluestem Solid Waste Agency, October 1999 Note: C&D represents construction and demolition waste OCC represents recyclable old corrugated cardboard HHM represents household hazardous waste The implementation of curbside recycling in Cedar Rapids and Marion, along with pay-as-you- throw, are having an effect on the amount of landfilled material. However, the decrease is not likely due in its entirety to increased source reduction and recycling. At least two haulers are collecting materials and transferring them out-of-state for disposal. In addition, BFC, Inc., a gasification plant established in Cedar Rapids in 1997, is taking materials from Cedar River Paper that were formerly landfilled. Based on existing patterns of disposal, it is reasonable to conclude that recycling and source reduction are responsible for some of the reduction in landfilled materials at Bluestem sites, but not all. Johnson County: The City of Iowa City's landfill, which serves Johnson County and the cities of Riverside and Kalona in Washington County, was selected as one of five Iowa facilities at which a two-season waste sod was conducted. The project, sponsored by the Iowa Department of Natural Resources, was executed during the fall of 1997 and the spring of 1998. The overall results of the 1997-1998 waste sort are displayed in figure 2.3, The results include: · Paper comprises about 32 percent of all waste landfilled. · Food waste makes up approximately 13 percent while plastics constitute 15 percent. · Household hazardous materials comprise nearly one percent, a small but toxic portion of the waste stream. Full reports of these waste sort studies are available at the followinq offices: Iowa Department of Natural Resources, ECICOG, Bluestem Solid Waste Aqenc¥, Johnson Countv Council of Governments (JCCOG). Facilities that have not had waste sorts can use the results of these waste sorts. A methodolgy has been developed that allows other landfills in the ECICOG planning area to characterize their waste streams. Major Industry Change Commercial/Industrial/Institutional (C/I/I) waste varies from county to county. In Linn County, C/I/I comprises nearly 75 percent of the waste stream. In the less populous counties, it is estimated that C/I/I waste is about 40 percent. An increase in economic activity increases the amount of C/I/I waste. In Tama County, for example, expansion of the Mesquaki Casino has had an impact at the landfill. In Linn County, Cedar River Paper, which located in Cedar Rapids in 1996, has annually increased the amount of waste materials it generates. However, the majority is being composted at Bluestem or incinerated at BFC, Inc. 13 Figure 2.3 Iowa City Landfill Municipal Solid Waste Composition in 1998 Glass ',,C&D '3% ,-"" "", "5% / / "-,-,, ,~ '~, \ /.~ ~./ '-, ,..,, '/' \ Other, \ ~ "~, i .~7,!~j '\\. ,,"' 17% '%. ~ Z HH ' / '~~,:~"Paper 1% T · ,5% '~ Food Waste ~ ~' 6%// ~s% ' Source: Iowa Solid Waste Characterization Study, October 1998 Note: C&D represents construction and demolition waste OCC represents recyclable old corrugated cardboard HHM represents household hazardous waste SECTION 3. EVIDENCE OF COOPERATION The Subsequent Plan is provided to the following entities (bold type) for adoption: · Benton County Solid Waste Disposal Commission represents the Benton County Board of Supervisors as well as the following communities: Atkins Newhall Belle Plaine Norway Blairstown Shellsburg Garrison Urbana Keystone Van Horne Luzerne Vinton Mt. Auburn Walford · Bluestem Solid Waste Agency represents the Linn County Board of Supervisors as well as the following communities: Alburnett Lisbon Bertram Marion Cedar Rapids Mount Vernon Center Point Palo Central City Prairieburg Coggon Robbins Ely Springville Fairfax Walker Hiawatha · Iowa County Regional Environmental Improvement Commission (REIC) represents the Iowa County Board of Supervisors as well as the following communities: Ladora North English Marengo Parnell Millersburg Williamsburg · Jones County Solid Waste Management Commission represents the Jones County Board of Supervisors as well as the following communities: Anamosa Olin Center Junction Onslow Martelle Oxford Junction Morely Wyoming · Johnson County Board of Supervisors · Coralville · Hills · Iowa City · Lone Tree · North Liberty · Oxford · Shueyville · Solon · Swisher · University Heights · Riverside · Kalona 15 · Tama County Solid Waste Disposal Commission represents the Tama County Board of Supervisors as well as the following communities: Chelsea Lincoln Clutier Mesquakie Indian Settlement Dysart Montour Elberon Tarna Garwin Toledo Gladbrook Traer Vining Resolutions from the entities featured in bold type are attached (Appendix D). · . . :I :i!:. i!!," ;' ~:; -: ~,T~~; Recyclables son line at Ci~ Ca~on Company, Inc. in C~ar R~ids. 16 SECTION 4. UPDATES ON PUBLIC PARTICIPATION OPPORTUNITIES Ongoing Public Participation In the ECICOG solid waste planning area, there are monthly opportunities for the public to participate in integrated solid waste management at the county as well as regional level. At the regional level, ECICOG's Solid Waste Technical Advisory Committee (SWTAC) meets the second Thursday of the month at I PM at various locations around the region. Notice of the meeting is provided to The Cedar Rapids Gazette and published bi-monthly in the ECICOG newsletter, which is mailed to over 300 locations including city and county offices. In addition to SWTAC members, the mailing list includes Iowa Waste Exchange staff who serve the planning area. On request, the agenda is mailed to individuals/entities. Voting members of the ECICOG SWTAC represent local integrated solid waste management authorities. The figure below depicts the relationship between ECICOG and its member counties. Figure 4.1 PLANNING FLOWCHART · .' At the county level, monthly public meetings are held by the solid waste commissions in Jones, Tama, and Linn counties. Quarterly meetings are held in Iowa County by their Regional Environmental Improvement Commission and periodic meetings are held by the Benton County Solid Waste Disposal Commission, Johnson County residents have regular opportunities to comment on solid waste comprehensive plan issues at monthly meetings of the Johnson County Council of Governments and at meetings of the Iowa City Council. The creation of a waste diversion advisory committee continues to be discussed in Johnson County. Opportunities to Comment on Subsequent Plan To gather public input for entries into the current Subsequent Plan, integrated solid waste planning meetings in each member county were conducted during fall 1999 (Table 4.1 ). It was at these meetings that the six-year implementation plans found in Section 8 were devised. In addition, the appropriate solid waste commissions and city councils, as well as the ECICOG Board of Directors, adopted the Subsequent Plan at regular meetings during April and May 2000. 17 Table 4.1 Public Participation Meetings Held in the ECICOG Solid Waste Planning Area to Discuss the 2000-2006 Subsequent Plan Date Meeting Location Description Represented 12-Aug-99 ECICOG Solid Waste ECICOG General discussion of comprehensive ECICOG TAC; white Technical Advisory office(Cedar planning goods processor; Committee regular Rapids) ECICOG staff monthly meeting 17-Aug-99 Bluestem Solid Waste City Hall General discussion of comprehensive Bluestem staff; members Agency Board of (Cedar Rapids) planning and Subsequent Plan of local press; staff from Directors regular member communities; monthly meeting ECICOG staff; general public 7-Sept-99 Benton County Solid Benton County Background/legislative information County supervisors; Waste Disposal Courthouse provided; solid waste management goals county engineer; council Commission special (Vinton) established for 1997-2003 reviewed & members/mayors of meeting evaluated; strengths & weaknesses of incorporated communities; solid waste management system listed solid waste commission representatives; county health department; ECICOG staff 7-Sept-99 Jones County Solid Jones County Background/legislative information County supervisors, Waste Management Courthouse provided; solid waste management goals council members/mayors Commission regular (Anamosa) established for 1997-2003 reviewed & of incorporated monthly meeting evaluated; strengths &weaknesses of communities; ECICOG solid waste management system listed staff 8-Sept-99 Iowa County Regional Iowa County Background/legislative information County supervisors; Environmental Landfill provided; solid waste management goals ECICOG staff; council Improvement (Homestead) established for 1997-2003 reviewed & members of incorporated Commission regular evaluated; strengths &weaknesses of communities; county meeting solid waste management system listed environmental director; local haulers 9-Sept-99 ECICOG Solid Waste Benton County Goals established for the region for ECICOG TAC members; Technical Advisory Courthouse 1997-2003 reviewed and evaluated. tire processor; ECICOG Committee regular (Vinton) New goals for 2000-2006 established. staff monthly meeting 9-Sept-99 Tama County Solid County Background/legislative information County engineer; county Waste Disposal Engineers provided; solid waste management goals supervisors; ECICOG Commission regular Office (Tama) established for 1997-2003 reviewed & staff; council members monthly meeting evaluated; strengths &weaknesses of and citizens of solid waste management system listed incorporated communities; landfill personnel; local press 23-Sept-99 Johnson County Civic Center Background/legislative information County supervisors; special solid waste (Iowa City) provided; solid waste management goals council members of management task force established for 1997-2003 reviewed & incorporated communities; meeting evaluated; strengths &weaknesses of Johnson Co Council of solid waste management system listed Governments; ECICOG staff; local press 5-Oct-99 Jones County Solid Jones County Second planning meeting in Jones Council members/mayors Waste Management Courthouse County to delineate goals/strategies for of incorporated Commission regular (Anamosa) waste management/diversion/recycling communities; landfill monthly meeting goals &strategies 2000-2006. personnel; ECICOG staff 14-Oct-99 Tama County Solid County Second planning meeting in Tama County engineer; county Waste Disposal Engineers County to delineate goals/strategies for supervisors; council Commission regular Office (Tama) waste management/diversion/recycling members and citizens of monthly meeting goals & strategies 2000-2006. incorporated communities; landfill personnel; ECICOG staff; local press 18 Table 4.1 Continued Date Meeting Location Description Represented 28-Oct-99 Johnson County City Hall Second planning meeting in Johnson County supervisors; special solid waste (Coralville) County to delineate goals/strategies for council members of management task force waste management/diversion/recycling incorporated communities; meeting goals &strategies 2000-2006. University of Iowa; Iowa Waste Exchange; Johnson Co Council of Governments; ECICOG staff 4-Nov-99 Benton County Solid Benton County Second planning meeting in Benton County engineer; county Waste Disposal Courthouse County to delineate goals/strategies for board of supervisors; city Commission special (Vinton) waste management/diversion/recycling of Vinton; ECICOG staff meeting goals &strategies 2000-2006. 16-Nov-99 Bluestem Solid Waste City Hall Presentation/discussion concerning Bluestem staff; members Agency regular (Cedar Rapids) integrated solid waste management of local press; staff from monthly meeting facilities, programs, and operations in member communities; Linn County for 2000-2006 ECICOG staff; general public 2-Dec-99 ECICOG Solid Waste Bluestem Solid Discussion concerning comp planning TAC members; haulers; Technical Advisory Waste Agency and private transfer operations. public Committee regular office (Cedar monthly meeting Rapids) 21-Deco99 Bluestem Solid Waste Veterans Presentation/discussion concerning Bluestem staff; members Agency regular Memorial integrated solid waste management of local press; staff from monthly meeting Building (Cedar education and planning activities in Linn member communities; Rapids) County for 2000-2006 ECICOG staff; general public 13-Jan-00 ECI COG Solid Waste Bluestem Solid Discussion concerning comp planning TAC members; haulers Technical Advisory Waste Agency and private transfer operations. Committee regular office (Cedar monthly meeting Rapids) 27-Jan-00 ECICOG Board of ECICOG office Discussion concerning comp planning ECICOG Board; ECICOG Directors regular (Cedar Rapids) staff; haulers and/or monthly meeting representatives 24-Feb-00 ECICOG Board of Linn County Discussion concerning comp planning ECICOG Board; ECICOG Directors regular Administration staff monthly meeting Building (Cedar Rapids) 9-Mar-00 ECICOG Solid Waste City Hall Discussion of comp plan data TAC members; ECICOG Technical Advisory (Mount staff; hauler Committee regular Vernon) monthly meeting 30-Mar-00 ECICOG Board of Linn County Draft of Subsequent Plan distributed ECICOG Board; ECICOG Directors regular Administration staff monthly meeting Building (Cedar Rapids) :April & May Adoption of Various Regular meetings of solid waste Elected officials; public 2000 Subsequent Plan by locations commissions/city councils/boards of appropriate entities in supervisors planning area 19 SECTION 5. SUMMARY OF PUBLIC EDUCATION ACTIVITIES Waste reduction messages are delivered to the residential and commercial sectors in a variety of ways from numerous sources at various levels. Information concerning source reduction and waste diversion--including recycling, re-use, and cornposting--is dispensed by such diverse sources as garbage haulers; school teachers; elected officials; public waste entities; county extension services; waste and recycling organizations (e.g. Iowa Recycling Association & Iowa Society of Solid Waste Operators); state agencies; local governments; private recycling/composting processors; coileges& universities; local & national media. The messages described in this plan are only those that ECICOG and its member governments have presented or co-sponsored. For the sake of readability, tables listing education activities for each county are presented. (For further information regarding these activities, contact ECICOG.) In addition. the role of ECICOG - including the Solid Waste Technical Advisory Committee - in educating residents of the six-county planning area is described. Bluestem sponsors educational activities like this ~fagic School Bus Show' at Lindale Ma~ in ~dar Rapids. ~agic School Bus" uses familiar chamcte~ and music to educate ~ildren about recycling and waste reduction. Bluestem's Education 'Specia~st a~ends numerous mmmuni~ events to en~urage children to submit recycling tips to Mr. EaRh. This display was at FestaFun, paR of ~e 1999 Cedar R~ids Freedom Festival. Table 5.1 BENTON COUNTY Public Education Activities Concerning Waste Reduction 1997-2000 waste diversion Methods/tools to convey Timeframe Responsible issue/subject message (frequency) Audience entity(s) Residential Brochure Benton County Annual distribution Benton County Benton County recycling: Use of Recycles distributed via households landfill; ECICOG recycling drop-offs local shoppers staff Newspaper/shopper ads Annual publication Benton County Benton County residents landfill; ECICOG staff Brochure Benton County Ongoing Benton County City &county staff Recycles available at residents city/county offices Business Brochure Iowa Waste Ongoing Benton County Iowa Waste recycling/waste Exchange business &industry Exchange staff reduction: One-on-one consultations Ongoing by request Benton County Iowa Waste business & industry Exchange staff Recycling: Information provided at Ongoing Benton county Benton County Construction landfill contractors; general landfill staff materials (wood, public shingles) Back yard Brochures; fact sheets Annual distribution; Benton County Benton County composting ongoing by request residents Extension Office; ECICOG Tire recycling & Brochure Your Automotive Annual distribution Benton County tire ECICOG; Benton source reduction Tires Owners Manual dealers &driver County Board of and/or tire gauges education instructors Supervisors for distribution to customers & students Radio & print advertising; Annual General public ECICOG; Benton news releases; public County Board of service announcements Supervisors Toxicity reduction: Brochure Benton County Annual Benton County Benton County Households Recycles residents landfill; ECICOG Presentations conceming 1997-1999 Benton County ECICOG; IDNR; permanent facility for the landfill personnel & Benton Co, landfill collection of hazardous solid waste supervisor wastes commission Fact sheets Ongoing Benton County Benton County residents Extension Toxicity reduction: Workshop 1999 Benton County Grant Wood AEA; School chemicals school personnel ECICOG Task force presentations 1999-2000 Benton County Grant Wood AEA; school personnel ECICOG Chemical inventory training 1999-2000 Vinton High School Grant Wood AEA; (pilot project) personnel ECICOG Asphalt shingle Presentations concerning Ongoing Landfill personnel; Benton Co. landfill recycling process and use civil engineers personnel White goods Presentations concerning Ongoing Benton County ECICOG recycling/toxicity proper handling of landfill personnel; reduction appliances; development of Benton County Solid RFP/contract for proper Waste Disposal handling Commission 21 Table 5.2 IOWA COUNTY Public Education Activities Concerning Waste Reduction 1997-2000 waste diversion Methods/tools to convey Timeframe Responsible issue/subject message (frequency) Audience entity(s) Residential recycling: Newspaper ads; news stodes; On-going Iowa County Iowa County Use of landfill calendar listing residents REIC sponsored drop off Residential recycling: Company brochure; On-going Area residents Amana Use of Amana presentations Appliances; Appliance drop-off Iowa County REIC Residential & Newspaper ads; company flyers; On-going Iowa County Cox commercial recycling: presentations residents & Sanitation; Cox Sanitation & businesses Iowa County Recycling drop-off and REIC curbside Tire recycling & source Brochure Your Automotive Tires Ongoing Iowa County tire ECICOG; Iowa reduction Owner's Manual and/or tire distribution dealers & driver County REIC gauges education instructors for distribution to customers & students Radio & print advertising; news Annual General public ECICOG; Iowa releases; public service County REIC announcements Business Brochure Iowa Waste Exchange Ongoing Iowa County business Iowa Waste recycling/waste & industry Exchange staff reduction: Toxicity reduction: Workshop 1999 Iowa County school Grant Wood School chemicals personnel AEA; ECICOG White goods Presentations concerning proper 1998 Iowa County REIC; ECICOG recycling/toxicity handling of appliances; Iowa County landfill reduction personnel Back yard cornposting Brochures; fact sheets Ongoing by Iowa County Iowa County request residents Extension Office; ECICOG Jones Cou.~ Household Hazardous Mate~als Colle~ion Satellite Facili~. Landfill O~rator, L~na~ Brokens, stores a va~e~ of mate~als brought to ~e facili~ by resident. By fail counties will have similar facilities. 22 Table 5.3 JOHNSON COUNTY Public Education Activities Concerning Waste Reduction 1997-2000 Waste diversion Methods/tools to convey Timeframe Responsible issue/subject message (frequency) Audience entity(s) Residential recycling: Newspaper news stories; ads; Ongoing Johnson County JCCOG Use of drop-offs cable television residents Residential recycling: Newspaper news stodes; ads; Ongoing Households JCCOG; city Use of curbside cable television; flyers served by personnel; programs curbside programs haulers Commercial & Booklet: Recycling &Waste Published & Johnson County JCCOG residential recycling: Reduction Guide distributed residents General information annually C/l/I recycling & waste Brochure Iowa Waste Exchange Ongoing Johnson County Iowa Waste reduction businesses & Exchange staff institutions One-on-one consultations Ongoing by Johnson County Iowa Waste request businesses & Exchange staff institutions Commercial & Iowa City Landfill Waste Annual Johnson County; JCCOG staff; residential Reduction Grant Program Cities of Kalona & City of Iowa City recycling/waste Riverside. personnel reduction residents Sustainable building Presentations; information Ongoing by Johnson County JCCOG staff; dissemination request residents ECICOG staff; City of Iowa City personnel Toxicity reduction Toxic clean up events & Annual Johnson County, JCCOG staff; associated Cities of Riverside City of Iowa City educational/promotional activities & Kalona personnel residents Booklet: Recycling & Waste Annual Johnson County, JCCOG staff Reduction Guide Cities of Riverside & Kalona residents Presentations concerning a 1997-1999 Iowa City Council JCCOG staff; permanent facility for the ECICOG staff; collection of toxic materials Iowa City landfill personnel Commercial/landfill Print &broadcast media Ongoing Johnson County, Iowa City landfill composting Cities of Riverside personnel; & Kalona JCCOG staff residents, contractors Backyard composting Booklet: Recycling & Waste Ongoing Johnson County, Iowa City landfill Reduction Guide Cities of Riverside personnel; & Kalona JCCOG staff residents, contractors Source reduction & Presentations; assistance with Ongoing & Johnson County, JCCOG & recycling: Use of pay- RFPs/contracts; cable television by request Cities of Riverside ECICOG staff as-you-throw collection programming & Kalona systems residents Recycling/waste Sponsorship: "Magic of Recycling" 1997 Johnson county Iowa City landfill; reduction (general) elementary JCCOG students Sponsorship: q'he Magic School 1999 Johnson county Iowa City landfill; Bus Presents Recycling" elementary JCCOG students 23 JOHNSON COUNTY continued Waste diversion 'Methods/tools to convey Timeframe Responsible issue/subject message (frequency) Audience entity(s) WaSte Presentations conceming results Ongoing Iowa City Council; Iowa City landfill; reduction/recycling ol shingle re-use study selected city engineers research audiences Presentations concerning landfill 1998-99 Iowa City Council JCCOG; Iowa fiber and/or cardboard ban City task force White goods Presentations concerning proper Ongoing Iowa City landfill ECICOG recycling/toxicity handling of appliances; personnel; City reduction development of RFP/contract for Council proper handling Tire recycling & source Brochure Your Automotive Tires Ongoing Johnson County ECICOG; Iowa reduction Owners Manual and/or tire distribution tire dealers & County REIC gauges driver education instructors for distribution to customers & students Radio & print advertising; news Annual General public ECICOG; Iowa releases; public service County REIC announcements 'Taki. 'ng stock ofbwa: · . ':....: ':.~ .... ~ ., . ~ . ~,:~..~'~ ..:."::.'..::j.-: ~; ?. .. , . ~:?i~i'~ '= ,, ,--~;"., ':' . ..... ' ~/' ' . . ;:.;... · .: .......... · . ~ -~ - ' , '.. h ~.~i .. : i.~L:.~'~"'..'. :: .. -~ ~ ' .. '-..."' .. . ~':' i i~;' ~?'.. -- :-.,;...., .~,.. :~ ': :~.;~i~;.. : ': .....· ....."':..;...~.' ~;~..,,,.,::~.' ' ""' ....: 'i":.' ';'~,2':' '; ' ' .' . , . .......... the lawa ~ment of NaOmi Raog~s..t~ ~te~i~ w~t kt~ of ~e ~ ~dn¢ IMo t~ s~te !andfills, Waste characterization study at the Iowa City landfill in fall 1997, (Cedar Rapids Gazette) 24 Table 5.4 JONES COUNTY Public Education Activities Concerning Waste Reduction 1997-2000 waste diversion Methods/tools to convey Timeframe Responsible issue/subject message (frequency) Audience entity(s) Recycling: Jones Newspaper articles; Ongoing Jones County residents Jones County Solid County landfill ban presentations Waste on recyclables Management Commission (SWMC) Recycling: Use of Brochure: Jones County Annual Jones County residents SWMC; ECICOG landfill drop-off Recycles distribution Toxicity reduction: Brochure: Jones County On going as Jones County residents SWMC; ECICOG Use of landfill Recycles needed satellite collection facility for household hazardous waste Newspaper articles and Ongoing Jones County residents Clinton County ads; flyers Regional Coltection Center Distribution of information at Annually Jones County residents Clinton County mobile collection events Regional Collection Center Recycling: Use of Brochure: Jones County Annual Jones County residents SWMC; ECICOG; cu~side programs Recycles; information distribution haulers; cities distributed by cities and/or haulers Tire recycling & Brochure Your Automotive Ongoing Jones County tire ECICOG; SWMC source reduction Tires Owners Manual distribution dealers & ddver and/or tire gauges education instructors for distribution to customers & students Radio &print advertising; Annual General public ECICOG; SWMC news releases; public service announcements White goods Presentations conceming Ongoing Jones County landfill ECICOG; SWMC recycling/toxicity proper handling of personnel; SWMC reduction appliances; development of RFP/contract for proper handling Back yard Brochures; fact sheets Ongoing by Jones County residents Jones County composting request Extension Office; ECICOG 25 Table 5.5 LINN COUNTY* Public Education Activities Concerning Waste Reduction 1997-2000 Waste diversion Methods/tools to convey Timeframe issue/subject message (frequency) Audience Responsible entity(s) Recycling: Cityline Information Line & Selected Targeted at Bluestem General promotion ad; Cedar Rapids Kernels weeks/months; selected Linn "Recycling Tip of the Game;" ongoing County residents, Fox Network Kids Club eg. children; males; campaign; holiday waste women/children; reduction television teachers/students campaign; cable television recycling ads; website Recycling: Direct mail; presentations; Ongoing Linn County Bluestem Solid Waste Cardboard (OCC) print &broadcast media; fact residential and Agency (Bluestem) landfill ban sheets; website; Booklet: commercial sectors Home & Business Recycling Companion; newsletter Landfill Link Recycling: Use of Booklet: Home & Business Updated Linn County Bluestem; Cities of drop-offs Recycling Companion; annually residential & Marion &Cedar Rapids; flyers; pdnt &broadcast commemial sectors ECICOG media; presentations; How To Recycle video for public access television Recycling: Pay- Booklet: Home & Business Ongoing by Linn County Bluestem: ECICOG As-you-throw Recycling Companion; request residents and local collection systems presentations; print & governments broadcast media; newsletter ECICOG Update Recycling: Use of Booklet: Home & Business Ongoing Linn County Bluestem; ECICOG; residential Recycling Companion; residents Linn County Board of curbside programs presentations; pdnt & Supervisors; Linn broadcast media; County cities; pdvate newsletters Landfill Link, haulers ECICOG Update; How To Recycle video for public access television Recycling: Presentations; sponsorship Ongoing by Linn County Bluestem; Iowa Waste Construction & of pilot projects; fact sheets request commercial & Exchange; ECICOG demolition institutional sectors materials Booklet: A Contractors Direct mail - Linn COunty Bluestem; Iowa Waste Guide to Construction & In the design commercial & Exchange Demolition Waste stage institutional sectors Management Recycling: Presentations Ongoing Haulers; Linn Co Bluestem Processing cities recyclables Commercial (large Presentations; pdnt & Ongoing Linn County Bluestem; ECICOG; scale) composting broadcast media; website business and Iowa Waste Exchange residential sectors Back yard Presentations; composting Ongoing by Linn County Bluestem; ECICOG; composting brochures; Booklet: Home & request residents Linn County Extension Business Recycling Companion; website; demonstrations; bin distribution sponsorship Sustainable Presentations; project Ongoing Linn County Bluestem; ECICOG; (green) building sponsorship; flyers/fact commercial & Cedar Rapids sheets; project assistance residential sectors Community Schools 26 LINN COUNTY continued Waste diversion Methods/tools to convey Timeframe issue/subject message (frequency) Audience Responsible entity (s) Tire recycling & Brochure Your Automotive Ongoing Linn County tire ECICOG; Bluestem source reduction Tires Owners Manual distribution dealers & driver and/or tire gauges education instructors for distribution to customers & students Radio &print advertising; Annual General public ECICOG; Bluestem news releases; public service announcements White goods Presentations concerning Ongoing Bluestem landfill ECICOG; Bluestem recycling/toxicity proper handling of personnel; SWMC reduction appliances; development of RFP/contract for proper handling Toxicity reduction Booklet: Pollution Prevention Ongoing Linn County Bluestem & re-use/recycling Handbook;. booklet: Home & residents & of household Business Recycling conditionally hazardous waste Companion; website; print & exempt small & CESQG waste broadcast media; quantity generators presentations; direct mail (CESQGs) Open house: Pollution Annual Linn County Bluestem Prevention Center &Swap residents Shop Waste reduction: Presentations; print & Ongoing Linn County Bluestem Bio-reactor cell broadcast media residents Use of products Presentations; booklet: Ongoing Linn County Bluestem; ECICOG that have recycled Home &Business Recycling residents and content "Buy Companion; pdnt & commemial sector, Recycled" broadcast media; pilot esp. building/ project sponsorship; construction newsletters Landfill Link & ECICOG Update Recycling & Outreach Investment Ongoing Linn County Bluestem; ECICOG soume reduction Program (OIP) grams for the businesses, local purchase of recycling/source governments, non reduction equipment profit agencies White goods Presentations conceming Ongoing Bluestem Board of Bluestem; ECICOG recycling/toxicity proper handling of Directors; Bluestem reduction appliances; development of landfill personnel RFP/contract for proper handling *For additional description of education activities in Linn County, see Appendix J. The education activities presented are only those for which ECICOG and/or Bluestem have major responsibility. Other entities - including cities, schools, & haulers - also provide waste reduction and diversion education messages. 27 Table 5.6 TAMA COUNTY Public Education Activities Concerning Waste Reduction 1997-2000 Waste diversion Methods/tools to Timeframe issue/subject convey message (frequency) Audience Responsible entity(s) Residential recycling: Brochure Tama Annual distribution Tama County Tama County Solid Use of recycling County Recycles households Waste Disposal drop-offs distributed via local Commission (SWDC); shoppers ECICOG staff Newspaper/shopper Annual publication Tama County SWDC; ECICOG staff ads residents Brochure Tama Ongoing Tama County City & county staff County Recycles residents available at city/county offices Business Brochure Iowa Waste Ongoing Tama County Iowa Waste Exchange recycling/waste Exchange business & staff reduction: industry One-on-one Ongoing by request Tama County Iowa Waste Exchange consultations business & staff industry Back yard Brochures; fad Annual distribution; Tama County Tama County Extension cornposting sheets ongoing by request residents Office; ECICOG Tire recycling & Brochure Your Annual distribution Tama County tire ECICOG; Tama County soume reduction Automotive Tires dealers &driver Board of Supervisors Owners Manual education and/or tire gauges instructors for distribution to customers & students Radio &print Annual General public ECICOG; Tama County advertising; news Board of Supervisors releases; public service announcements Toxicity reduction: Brochure Tama Annual Tama County Tama County landfill; Households County Recycles residents ECICOG Presentations 1997-1999 Tama County ECICOG; IDNR concerning landfill personnel & permanent facility for solid waste the collection of commission hazardous wastes Fact sheets Ongoing Tama County Tama County Extension residents White goods Presentations Ongoing Tama County ECICOG recycling/toxicity concerning proper Solid Waste redudion handling of Disposal appliances; Commission; development of Tama County RFP/contract for landfill personnel proper handling 28 Waste Reduction Education and Promotion: The Role of ECICOG Early on, counties that joined the ECICOG solid waste planning area recognized the logic-- especially the economic sense of delivering educational messages as a group. Promoting recycling and waste/toxicity reduction in the residential and business sectors region wide has been a focus of the agency for the past decade. Recent examples include: · Tire recvclina/source reduction. At the request of member boards of supervisors, ECICOG administers a region wide education and promotion program concerning tire recycling and proper tire maintenance (See Appendix E for related materials.) · Toxicitv reduction: Household hazardous waste. On behalf of member landfills, ECICOG is coordinating the placement of permanent collection facilities for household hazardous waste. By 2001, all residents of the planning area will have access to a facility; ECICOG will have a major role in educating citizens about their use : · ToxicitV reduction: White aoods. ECICOG made presentations to member agencies/landfills concerning the proper '; ~?'~'~* ; handling of white goods, particularly the dangers associated with hazardous materials · Toxicitv reduction: Safe Chemicals in Schools. Staff has facilitated a task force addressing Metals and white goods recycling at Bluestem chemicals in schools that has resulted in a workshop for the region's school personnel and a pilot project addressing the situation. · Residential recvclin.q. ECICOG designed and produced recycling brochures as well as the method of delivery that has worked well in three member counties, Tama, Jones, and Benton. (Appendix C). · Recvclinq and source reduction: ECICOG promotes and administers the Bluestem Outreach Investment Program (OIP). This landfill-funded grant program is available to any Linn County business, local government, or not-for-profit-agency for recycling/source reduction equipment. In addition, ECICOG staff has made various presentations to school and civic groups. In 1999, for example, several presentations were given over the Iowa Communications Network to schools in the ECICOG planning area. ECICOG staffed the Linn County Rural Recycling Task Force (1998~1999) and continues to edit The Landfill Link (Attachment J-11 ), the Board of Supervisors waste diversion newsletter that is mailed twice each year to 10,000 rural Linn County households. ECICOG assisted with the 1999 Bio-Cycle/Iowa Recycling Association fall conference, one of many events the agency has helped sponsor during the past Part of the Hazmat Bingo school decade. presentation/activity presented over the Iowa Communications Network 29 · Buy recycled. To draw attention to products that contain recycled materials, ECICOG has, for example, staffed a display at a Cedar Rapids Target Store and promoted/administered a grant program that funds the purchase of products containing scrap tire material. · Compostin.q. ECICOG has provided assistance to several composting projects including: Distribution of backyard composting bins to Linn County residents (1998); assistance with Kirkwood Community College composting facilities (1997-98); assistance with Anamosa State Penitentiary compost facility (1997-98). · Commercial source reduction/recVclin.q. ECICOG works closely with the Iowa Waste Exchange representatives serving the ECICOG planning area. During the past three years, ECICOG and IWE have worked, for example, on construction and demolition projects as well as a cooperative collection/marketing project. · Sustainable or ".qreen" buildin.el. ECICOG has collected numerous sources of information concerning environmentally friendly building for use in its lending library as well as administered a green building project (Cedar Rapids Community Schools "eco-house": Attachment J-9). The ECICOG Solid Waste and Housing departments have initiated a joint project, Green Rehabilitation for Ownership (GRO), to promote environmentally friendly building concepts within a housing rehabilitation program. Staff has made numerous presentations and consulted on several projects, including the Linn County Conservation Wickiup Education 'facility. The membership has also recognized the benefits associated with regional contracts and has directed the staff to facilitate these efforts. For example: White .cloods collection & processin.cl RFP/contract. Currently, five of the planning area's six counties have contracted with one white goods processor as a way to standardize expectations involving proper handling of this material as well as obtain the best handling fee. This approach has also raised the level of knowledge concerning hazardous substances contained in white goods among decision-makers and landfill personnel. ECICOG facilitates the request for proposal process and prepares the agreements, but landfills administer their own contracts. Tire collection & processin.cl RFP/contract. ...i~i~f:-,.. ECICOG administers the contract for its member , :,~..,.,~;.... .... landfills as well as facilitates the request for ~...~',"'~.".,;'~',,"~:,' .,-'~, ~... .....~*,.,.~L..:;. ~..~...,_ proposal aspect. As with white goods, contractor .... ' :-' ,---- - - " competitive. ~-~ ~ ! :~'~''= : ! ~::~..i !~" ~,,,.... , ..: Waste tire amnesty collection at Bluestem Site #2 30 Other Public Education Efforts in the ECICOG Solid Waste Planning Area As stated in the introduction to this section, waste reduction and recycling educational activities are sponsored by a variety of groups and organizations. Among them: · Anamosa State Penitentiary: Provides tours of its composting facility. · Cedar Rapids Community School District: Supports waste reduction and recycling curriculum and a sustainable building trades program. (Though Cedar Rapids is the largest school project -- approximately 20,000 students and staff -- it is by no means the only school where waste related curriculum and projects are in place.) · Cedar Wapsie Group Sierra Club: Promotes sustainable development and other environmental causes. · County Extension: Tax supported service that supports a variety of waste reduction activities · Environmental Advocates: Iowa City/Johnson County non-profit organization. · County Health Departments. Address environmental hazards such as illegal dumping, waste tire piles, etc. · Iowa Department of Education: Supports environmental education in various ways including workshops, curriculum, and a newsletter · Iowa Department of Natural Resources: The Waste Management Assistance & Environmental Protection Divisions address waste issues through workshops, grant programs, newsletters, etc. · Iowa Recycling Association: Sponsors waste reduction/recycling workshops and newsletters. · Kirkwood Community College, The University of Iowa, Coe College, Cornell College, Mount Mercy College. The higher education institutions in the planning area offer related coursework and expertise as well as provide a source of volunteers for various waste management projects. At Kirkwood, for example, a Landfill Operators Course is offered as well as courses/workshops in on-farm composting, municipal solid waste cornposting, and backyard cornposting. · League of Women Voters. Different chapters in the planning area have offered programs concerning waste management issues. · Soil and Water Conservation Service: Tax supported service that is occasionally involved in waste management programs. In Benton County, for example, SCS sponsored county Toxic Cleanup Days. 31 SECTION 6. INTEGRATED WASTE MANAGEMENT SYSTEM/EVALUATION OF PROGRESS TOWARD MEETING THE GOALS SOURCE AND TOXICITY REDUCTION Educational programs such as Bluestem's Holiday Waste Reduction media campaign are intended to encourage reduction at the source and re-use. Source reduction (e.g. "Buy Less Stuff") has been the topic of presentations given by Bluestem, ECICOG, and JCCOG staff. Source reduction activities within commercial, industrial, and institutional facilities in the ECICOG Planning Area'have been an important part of overall waste reduction. A Cedar Rapids firm, MCI, for example, purchased a dishwashing system and ceramic dishware to replace the styrofoam and other disposables being used in the company cafeteria--a project funded, in part, by the Bluestem Solid Waste Agency Safe Chemical Management in Schools, a pilot program facilitated by ECICOG, is focusing on chemical use and administration in schools. Backyard composting is being promoted by solid waste commissions and Extension Services in a variety of publications. Environmentally preferable purchasing (EPP) has also been the topic of presentations given by solid waste planners/educators in the region. During 1998, a Linn County rural recycling task force recommended that Linn County adopt policies implementing EPP in an effort to reduce waste and toxicity. The Linn County Board of Supervisors adopted the recommendation, and recently hired a new purchasing agent whose responsibilities will include EPP. By establishing permanent facilities for the collection of household hazardous waste at member landfills, the region is significantly reducing toxicity--at landfills and presumably at water/sewage treatment plants as well as in storm sewer drains. Currently, household hazardous waste collection facilities are in place in Linn and Jones Counties. The Jones County facility, which opened in the spring of 1999, has collected 1,260 pounds from over 250 households at local mobile events and 77 individuals bringing items to the satellite facility. In the past two years, Bluestem has shipped approximately 63 tons of hazardous materials and placed nearly 20 tons in its Swap Shop. By fall 2000, programs should be established in Johnson, Benton, Iowa, and Tama Counties. ECICOG will oversee education and promotion activities associated with these collection facilities. Residential source reduction has also contributed to overall waste reduction. Many of the 71 communities in the ECICOG Planning Area have adopted unit-based pricing systems for waste collection. Map II depicts the 25 communities with unit-based pricing programs, most of which have base fees and a per bag or sticker charge. Unit based pricing or pay-as-you-throw is known to contribute to source reduction. 32 Map II ECICOG Communities with Unit-based Pricing · .! .. | -1 i _ , ~. : · ...... _. ,,, Source: ECtCOG 1999 Waste Collection and Recycling Survey Prepared by East Central Iowa Council of Governments GIS 3/14/00 RECYCLING AND REUSE The ECICOG Planning Area achieved the 25 percent waste reduction goal in 1994; currently waste reduction is 44 percent. In addition to source reduction efforts, recycling has and continues to play an instrumental role in waste reduction. All of the residents of the ECICOG Solid Waste Planning Area have access to recycling drop-offs, curbside collection programs, or both. Map III shows the distribution of the collection options for recyclables. A majority of communities - 38 of 71 - in the ECICOG Planning Area have curbside collection programs for recyclables. Communities as large as Cedar Rapids and as small as Dysart offer single- family households the opportunity to recycle at the curb. Eleven communities have both curbside and drop-off programs. Recycling opportunities in each community in the ECICOG Planning Area are summarized in Appendix F. The type of program, frequency of collection, and materials accepted are identified. The locations and availability of residential recycling drop-offs are summarized in Appendix G. A unique drop-off facility is located at Amana Appliances in Middle Amana, Iowa. Initiated in 1990, their enclosed recycling center accepts 20 different recyclable items from employees as well as the surrounding community. A company produced educational brochure is included in Appendix C. Reuse of materials is handled mainly by non-profit organizations and the private sector. Goodwill, Salvation Army, St. Vincent De Paul, and the YMCA operate well-known reuse programs and stores. Retail outlets, such as the Second Act in Cedar Rapids/Iowa City and Rags to Riches Consignment in Marion, offer used clothing. Eco-Youth (Mid-America Housing Program) in Linn County and the Salvage Barn in Johnson County deconstruct houses/buildings and re-sell usable construction materials. Rockwell-Collins refurbishes computers and distributes them to schools and non-profit groups. The Bluestem Pollution Prevention Center offers used products - paints and cleaners for example - free of charge in its Swap Shop. ,. , , ,, a- j ., , . - . -. :,d?~. .' .......... . Bluestem Pollution Prevention Center Swap 8hop where usable items brought to the ~lleetion taeili~ are ~la~d lot reuee by reeldents. 34 Map III CICOG Communities with Residential Recycling Drop-offs and Curbside Collection :. I ~ : ; ~- '> i r ~n~ ~ o~ or ~m dm~s ~ ~un~ ~ ~e ~1~ i ~n~ In R~ 10 S~ W~e Plannl~ ~a Note: ~e dm~ff in Jones Coun~ Is I~ted ~ ~ '( ( J ' ' ' ~ at the Jones ~un~ Lan~ll ~ ~_([ ill[ I . .~.}.l.im Source: ECICOG 1999 Waste Collection and Recycling Su~ey I Prepared by East Central Iowa Council of Governments GIS 3/14/00 Processin.q facilities. Composting and recyclables processing facilities serving the ECICOG planning area, and the quantities collected in 1999, are presented in Table 6.1. More than 334,000 tons of recyclable materials generated in the six-county region were processed at these facilities. (Scrap metal recycling facilities were not included in this survey.) Table 6.1 Recyclables Processed/Composted by Facilities in the ECICOG Solid Waste Planning Area 1999 Facility Name Description Service Area Tonnage Anamosa State Composting facility* (Food waste) Prison campus 452 Penitentiary (Jones County) Bent0n Co. Engineer Crush glass for use as drainage layer Benton County 65 Benton Co. Landfill Grind shingles for use as road dust Benton County 625 control BFC, Inc Biofuel combustion facility (wood, paper Linn County 9,952 mill sludge) Bluestem Site #3 Composting facility* (yard waste, clean Linn County 118,727 wood, drywall, and industrial organics) Bluestem Pollution Recycling, re-use, proper disposal Linn County 83 Control Center household hazardous & CESQGs waste City Carton Recyclables processing Johnson, Linn, 98,723 Benton, Jones Counties Concrete Recyclers Pavement recyclers Linn County 100,000 Corkery Recycling Recyclables processing Benton, Tam a 505 Counties Cox Sanitation & Recyclables processing Iowa, Tama, 2,531 Recycling Johnson, Benton Counties DAC, Inc. Recyclables processing Jones County 67 (Cities of Wyoming & Oxford Junction) D & D Ranch Vermi-composting facility* (food waste) Johnson County 20 Johnson County Recyclables processing Coralville, IA 1,400 Recycling Center City/commercial (Johnson County) Jones County HHW Recycling/proper disposal household Jones County 0.63 Collection Facility hazardous waste Kirkwood Community Composting facility* (grounds waste, Kirkwood campus 200 College Composting animal manure) (Linn County) Facility Mason City Recycling Mixed paper recycling Benton County 680 Center LTD. Total Tons 334,030.63 Source: Estimates from each processing facility, January 2000 *Only permitted composting facilities are included. Many towns in the region collect yard waste for cornposting, but at sites that do not require permits. 36 Managing Special Wastes/Recyclable Materials Due to their volumes and properties, various materials require special handling at the region's landfills. They include: Hazardous material recyclinG/re-use/proper disposal. As described previously, collection facilities for household hazardous waste will soon be in place at each member landfill. Like the Bluestem Pollution Prevention Center serving Linn County, the Iowa City Landfill will take hazardous materials from conditionally exempt small quantity generators (CESQGs) as well as households. Though the tonnage is not significant, removing hazardous waste from landfills significantly reduces toxicity. Materials collected in these programs are recycled, re-used, or properly disposed. Scrap tire rec¥clinq. By Iowa law, whole scrap tires are banned from landfills. Today, most old tires are chipped and used for fuel or processed into crumb rubber for use in new products (mats, flooring, railroad crossings, etc.) Five of six county landfills charge residents for tire disposal; Jones County accepts tires without rims free of charge. White floods recvclin.q. Several components within white goods are regulated at either the state or federal level. These materials, such as PCB's and freon, must be removed before the unit can be recycled. As noted earlier, five of six member landfills use the same white goods processor. ECICOG issues the request for proposal and helps prepare contracts between each landfill and the processor. In addition to securing white goods processing services, the contracts include reporting requirements that are above and beyond the state and federal regulations. The request for proposal process and contract language provides a tool for landfills to track the regulated components from white goods. ECICOG has responded to several requests for the RFP/contract document. EPA Region 7 CFC Specialist, Alice Law, considers the RFP/contract document a model for managing white goods and refers solid waste agencies to ECICOG. Computer equipment recvclin.cl/proper disposal. Bluestem conducted a pilot project during fall 1999 that encouraged Linn County residents to drop off personal computers and accessories free of charge. Nearly 23 tons of equipment was collected and processed for recycling and proper disposal. Emphasis was placed on equipment that could not be re-used or re-sold. As a result of the pilot, Bluestem is establishing a permanent program for the collection of this material. According to the National Recycling Coalition (NRC), Bluestem is the first integrated solid waste management agency of its size to implement a program of this nature. The few computer recycling programs that exist are in much larger metropolitan areas. Asphalt shinfiles. Three of the planning area's landfills have experimented with shingle recycling. Benton County has led the way, directing contractors to separate shingles and deposit them separately at the landfill. The shingles are ground and spread on sections of county roads as a dust control measure. The material works well for dust control, but there are issues concerning nail removal. Landfill Bans in the ECICOG Solid Waste Planning Area Jones Countv. In 1991, Jones County implemented a landfill ban on all recyclables. Cities in Jones County have mandatory curbside collection of recyclables and have achieved significant progress toward the state's 50 percent waste reduction goal by 2000. (Figure 6.1, page 40) Businesses in Jones County have cooperated with the landfill ban. Several have worked with the Iowa Waste Exchange to divert material including one company that annually recycles more than 900 tons of aluminum lined paper packaging. 37 Linn County. Beginning January 1999, Bluestem implemented a ban on old corrugated cardboard (OCC) resulting in significant OCC landfill diversion. In 1996, OCC comprised 8.4% of municipal solid waste (MSW) compared to 1.5% after full implementation of the ban in 1999. For the institutional/ commercial/industrial sector these figures are 11.4% and .8% respectively. The education program preceding the ban's implementation is the reason the ban has been successful. The direct mail component of the education program was recognized for its creativity and effectiveness with a 1998 Addy Award from the Advertising Federation of Cedar Rapids. (Appendix J-7) Landfill funded grant programs supporting source reduction & recycling In 1997, the Bluestem Solid Waste Agency implemented a new grant program, Outreach Investment Program (OIP), to encourage recycling or source reduction through direct, one-time financial investments in equipment. Linn County businesses, non-profit groups, and communities are eligible for the program which funds 50 percent of the cost of recycling or source reduction equipment up to $10,000. To date, Bluestem has awarded $277,042 in OIP funds to enhance recycling and source reduction programs in Linn County. Equipment funded includes cardboard balers, recycling bins, collection vehicles, dishwashers, and compactors. Since 1997, an estimated 12,000 tons of waste has been diverted from Linn County landfills as a result. In 1998, the Iowa City Landfill followed Bluestem's lead and implemented its own program. The Iowa City Waste Reduction Grant Program funds 75% of waste reduction/diversion programs up to $5,000. Grants have funded everything from recycling bins to re-usable travel mugs to waste diversion fact sheets. To date, Iowa City has awarded $75,000 in grants that enhance recycling and source reduction. Waste reduction programs for business and industry The Iowa Waste Exchange (IWE), Iowa Waste Reduction Center, and Waste Reduction Assistance Program (WRAP) work with business and industry in the planning area to reduce and recycle. 'l'he 1997-1999 activity of all three programs -- number of companies assisted and amount of solid waste reduced or diverted from a landfill -- is summarized in the following table. Table 6,2 Summary of Waste Reduction Assistance to Business & Industry 1997-1999 Waste Reduction County Iowa Waste Iowa Waste Assistance County Exchange Reduction Center Program Totals Tons # Comp. Tons # Comp. Tons # Comp. Tons # Comp. Diverted Assisted Diverted Assisted Diverted Assisted Diverted Assisted Benton 886.84 13 0.55 7 .... 887.39 20 Iowa 630.50 9 1.20 7 .... 631.70 16 Johnson 3,136.47 32 2.10 5 15 1 3,153.57 38 Jones 3, 167.28 14 1.78 4 2,627 2 5,796.06 20 Lin n 5,984.07 120 18.38 28 324 4 6,326.45 152 Tama 785.36 4 0.14 6 .... 785.50 10 Totals 14,590.52 192 24.15 57 2,966 7 17,580.67 256 Source: Figures from each program, January 2000 Bluestem contributes a half-time salary to the Iowa Waste Exchange (IWE) so that Linn County is able to have a full-time IWE representative. IWE focuses on I/C/I or the institutional, commercial, and industrial sectors. From 1997-1999, the IWE assisted 120 Linn County companies, diverting nearly 6,000 tons of material from Bluestem landfills. 38 From 1997-1999 the IWE assisted 192 businesses to divert more than 14,500 tons of materials from landfills in the ECICOG solid waste planning area. Iowa Waste Exchange representatives serving the ECICOG planning area are housed at Kirkwood Community College; call 319-398-4904 for more information. From 1997-1999, the Iowa Waste Reduction Center (IWRC) provided technical assistance to 57 small businesses (fewer than 100 employees) in the ECICOG solid waste planning area. This assistance resulted in 24 tons of waste being diverted from landfills. For more information, contact the IWRC office, University of Northern Iowa, 319-273-8905. From 1997-1999, the Waste Reduction Assistance Program (WRAP) identified waste reduction projects with the potential to save nearly $2.5 million and divert nearly 3,000 tons of waste for seven large businesses (more than 100 employees) in the ECICOG solid waste planning area. The potential cost savings is attributable to waste reduction as well as to activities or conditions associated with air emissions, chemical usage, electrical, hazardous waste, natural gas, water and waste water. For more information, contact the WRAP office, Iowa Department of Natural Resources, 515-281-8927. COMBUSTION Due to cost and environmental risks, the original 1989 regional plan did not recommend public ownership of a waste-to-energy facility. The original plan discusses the possibility of private ownership, but in the decade since, no private entities have emerged with a viable proposal. Capital costs are high and waste flow is an issue. The single waste-to-energy/combustion project in the ECICOG planning area is BFC, Inc., a gasification plant that is being defined as a recycling processor. The plant burns material described as biomass. Biomass streams include materials such as wood, sawdust, paper mill sludge, and corn. The plant sells the electricity generated to Alliant Energy. During FY99, materials diverted from landfills in Linn County was nearly 10,000 tons. - Drop~ff for tamingled recyclables at Bluestem Site ~2 noah of Ma~on. From hem, the mate~als am taken to Ci~ Canon Company for preening and ma~eting. 39 EFFECTIVENESS OF THE PLANNING AREA'S WASTE MANAGEMENT PROGRAMS The solid waste abatement and the base-year adjustment tables for the ECICOG Solid Waste Planning Area are presented as Table 6.3 and Table 6.4, respectively. Using the original methodology of the waste abatement table, the ECICOG Solid Waste Planning Area achieved a 35 percent reduction in landfilled tonnage. The Solid Waste Abatement table for each county is included as Appendix H. The base-year adjustment method (Table 6.4) is provided as a more accurate calculation of waste diverted because it accounts for the significant growth in the area's retail activity. Using the base-year adjustment method, the ECICOG Planning Area has achieved a 44 percent reduction in landfilled tonnage. Tables for member counties are included in Appendix I. Waste reduction percentages from the base-year adjustment method are shown graphically for each county and the entire ECICOG Planning Area in the following figure. Figure 6.1 1999 Disposal Reduction: ECICOG Solid Waste Planning Area 0.55 - 52°1° 0.50 -44% 4401o 46% ,i.d% 0.45- 39% 0.40- 0.35- 0.30- 26% 0.25- 0.20- 0.15- 0.10 - 0.05 - 0.00-- , , , , , , , EE;K:OG Benton low a Johnson Jones Unn Tarm 40 Table 6.3 Regional Solid Waste Abatement Table for ECICOG Planning Area FISCAL YEAR Fy88 Fy89 Fy90 Fy91 Fy92 Fy93 Fy94 Fy95 Fy96 Fyg:' F)f98 Fy99 1 ) POPULA I ION 444,499 448,324 451,123 454,779 460,270 464,386 468,576 473,588 475,282 478,086 481,359 481,359 % Change from FY88 0.86% 1.49% 2.31% 3.55% ' 4.47% 5.42% 6.54% 6.93% '.56% 8.29% 8.29% 2) SOLID WASTE 414,194 399,711 431,175 365,450 315,936 312,117 317,159 324,781 317,229 337,997 346,863 293,436 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 414,194 399,711 431,175 365,450 315,936 312,117 317,159 324,781 317,229 337,997 346,863 293,436 GENERATION (tons) 7) PER CAPITA SOLID 0.93 0.89 0.96 0.80 0.69 0.67 0.68 0.69 0.67 0.71 0.72 0.61 WASTE GENERATION RATE (tons) 8) 1988 PER CAPITA 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 SOLID WASTE GENERATION RATE (tons) 9) PERCENI RI:DUC'~ ION 0.00% 4.32% -2.57% 13.76% 26.34% 27.87% 27.36% 26.40% 28.37% 24. i 3% 22.67% 34.58% RECYCLING PER CAPITA Note: (1) Totals for Line 2, Solid Waste Landfilled and Stockpiled, are derived from Depadment Of Natural Resources tonnage reports. (2) Populations are extrapolations of 1980 & 1990 Census figures and 1998 Census estimates (3) Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Updated January 2000 Table 6.4 Regional Base-Year Adjustment Method Report Table for ECICOG Planning Area: ECICOG Solid Waste Planning Area (Benton, Iowa, Johnson, Jones, Linn & Tama Counties) Current Year (CY): Fiscal Year 1999 2 1988 CommerciaVlndustdal Waste Disposa 70% 288,010.53 1988: Regional Comp. Solid Waste Mgmt Ran 3 1988 Total Waste Disposal ('93Tama&~J4Benton) 414,193.50 JulyST-JurieS8 4 CY Waste Disposal* 293,436.00 Juh~ 9e-June 99 5 1988 Population (~Tama&'94Benton) 335,442 Extrapo~o~oflgSO&1990Certs~sdata 6 CY Population 366,796 1998 census estimate 7 1988 Employment 8 CY Employment 9 1988 Taxable Sales (,~3 Tama & ~J4 Ber~ton) 10 CY Taxable Sales 11 1988 Consumer Pdce Index (~J3Tama&~:J4Benton) 12 CY Consumer Pdce Index iSTEP2.' CY .~'a~able ',.qai~ CorreCted for Inflation ". :~ "' ""~' '" ' " .., · ,~, .~...,. . .... 13 Inflation Correction Factor 14 CY Corrected Taxable Sales ~.TEP. ,~:..~ a~d Curreh~ Year RatiOs' ~'~..;'.i.' ::: '..';.~.'?""..' ""=.":',""': ;;:, .~' : .~' 15 Populatiof~ Ratio (PR) 16 Employment Ratio (ER) 17 Taxable Sales Ratio (TR) STEP' 4: Adjustment FactOrs: .,. .,. ;,.. . , , 18 1988 Commercial/Industrial Adjustment Factor 19 1988 Residential Adjustment Factor EP 5: ./tdj~:sted 1988 Disposal ronnage,,~ 20 I.~,a,,'~;h~t; Adlusl{:d I'~cs~denhld Waste L)~sposal 152.71 21 Baseline Adjusted CommemiaVlndustdal Waste Dispo.. 370,217 22 Baseline Adjusted Total Waste Disposal 522,927 SI'EP 6:(3o,~1 Pn~[#mss ~'znd I'~e{A#ction P~:rc~ntage Re.~i!ts . . ' 2,'~ (".;Y W~:'.',t.:: I);sl:~.'.',~al (from hn~ ~,4) 2f):~,4:~G 24 Maximum Allowable Disposal to Attain 25 Pement Goa 392,195 25 Actual Tonnage Over (or Under) 25 Percent Goal -98,759 26 Maximum Allowable Disposal to Attain 50 Percent Goa 261,464 27 Actual Tonnage Over (or Under) 50 Percent Goal 31,972 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE; 43.89%~ 29 Waste Abatement Table Reduction (Percentage) 35.21% Note: Current year tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Updated January 2000 42 SECTION 7. RE-EVALUATION OF ALTERNATIVES ACCORDING TO THE STATE'S WASTE MANAGEMENT HIERARCHY The following is a description of how the state's waste management hierarchy continues to be incorporated into the ECICOG planning area. The hierarchy, in descending order of preference, is: a. Volume/toxicity reduction at the source b. Recycling and reuse c. Other approved techniques of solid waste management including, but not limited to, combustion with energy recovery, combustion for waste disposal, and disposal in sanitary landfills Source/toxicity reduction. In the ECICOG planning area, 25 of 71 communities have implemented unit based pricing or pay-as-you-throw, known to have an impact on source reduction. In addition, the Iowa Waste Exchange and Waste Reduction Assistance Programs have assisted businesses with source reduction. A Linn County company, for example, re-designed the way it packaged its product, reducing the amount of material landfilled from 365 tons to approximately 183 tons annually. Landfills and solid waste planning agencies in the ECICOG planning area have conducted education and promotional campaigns addressing source reduction. Examples, provided in other sections of this plan, include: · Bluestem Holiday Waste Reduction media campaign · ECICOG Scrap Tire Program · Iowa City Landfill Waste Reduction Grant Program · Bluestem Outreach Investment Grant Program · Bluestem, ECICOG, JCCOG classroom presentations concerning source reduction Reducing toxicity is just as important as waste reduction. To date, two of the planning area's six counties have hazardous collection facilities in place. Within the next year, all six counties are scheduled to have collection centers operating. Other programs, mentioned earlier, that address toxicity reduction include storm sewer labeling and Safe Chemical Management in Schools, Assessment: Though the best way to reduce waste is through source reduction, it is the most difficult to address. Planners and others striving to reduce waste are competing with a cultural and economic system that thrives on consumption. Be that as it may, ECICOG and comprehensive plan participants will continue to advocate source and toxicity reduction using strategies that have served the region well. Among them: · Encourage pay-as-you-throw · Promote proper tire maintenance to reduce the number of scrap tires generated annually · Conduct media campaigns and give presentations that promote ideas such as "buy less stuff." · Promote sustainable building · Promote re-use, including materials salvaged from demolition projects · Promote back-yard composting · Promote/implement storm sewer labeling · Promote use of hazardous collection facilities and more environmentally friendly products 43 Recycling & Reuse. In the ECICOG planning area, 38 of 71 communities have curbside recycling and all residents have access to drop-off facilities. The most recent communities to implement curbside recycling (and pay-as-you-throw) are the cities of Cedar Rapids and Marion, the two largest communities in the region. Recycling special wastes such as tires, white goods, computer equipment, and asphalt shingles, subjects addressed earlier, has been taken to a new level in the ECICOG region during the past three years. To assure proper handling of these materials, member solid waste commissions and landfills are demanding better accountability from processing contractors. As noted previously, Jones County has banned recyclables from its landfill. The result has been a 46 percent waste reduction. In Linn County, old corrugated cardboard (OCC) was banned beginning January 1, 1999. These bans have significantly reduced the amount of material headed to these landfills. However, there is evidence that some of the reduction may be the result of waste leaving the planning area and being landfilled in out-of-state facilities. In fact, waste hauling companies that have transfer capability are soliciting customers who do not want to separate recyclables/OCC from their waste. As noted, the Iowa Waste Exchange and the Waste Reduction Assistance Program work with business and industry to recycle/reuse waste materials. In 1995, Bluestem joined with the IDNR to employ a full-time staff person to serve business and industry in Linn County only. This is an effort to focus on the commercial sector, which generates more than three-fourths of the county's waste. IWE reports, for example, about one company in Benton County that annually recycles 1,300 pallets, 2,400 pounds of cardboard, and approximately 210 metal drums. Ten years ago, this material would have been hauled to the landfill. Assessment: The most tangible of waste reduction strategies, recycling has been central to the region's diversion tactics. Despite the fact that markets for recyclables are unexceptional, communities continue to support curbside and drop-off programs for their residents, solid waste agencies continue to discuss and implement bans, and landfills continue to fund recycling programs. However, recycling is not complete until consumers purchase products with recycled content. During the next six years, more emphasis will be placed on recycling/re-using construction and demolition (C&D) materials; purchasing products with recycled content as well as products that are durable and less toxic; and diverting toxic materials from landfill~. In process currently is a new publication, A Contractor's Guide to Construction & Demolition Waste Management, a booklet compiled by Bluestem for use by local builders and contractors. The region plans to sustain and encourage more of the following: · Curbside/roadside recycling · Business recycling · Buy recycled (For example, the Scrap Tire Products Grant Program -Appendix E) · Environmentally preferable purchasing · Sustainable (green) building · Recycling/re-using/diverting household hazardous waste 44 Composting. Bluestem Site #3, located in Cedar Rapids adjacent to Site #1, is the planning area's largest composting facility. Approximately 118,000 tons of yard waste, paper sludge, and other organic material were composted in FY99. Drywall and clean wood waste are also added to the mix. Bluestem bags their finished compost, which is marketed in several midwest states, as Big Blue Topsoil. Other permitted composting facilities in the ECICOG planning area: · Kirkwood Composting Facility · Kirkwood Dead Animal Composting Facility · Anamosa State Penitentiary Composting Facility · D & D Ranch: Vermi-composting Facility In addition, 50 of 71 communities have yard waste composts that do not require permits. Assessment: As more materials are diverted from landfilling, organics comprise a larger portion of the waste stream. In response, cornposting is drawing more attention. Bluestem and Iowa City are investigating ways to increase the number of materials diverted to their composting facilities. Recently, for example, Iowa City reduced the tipping fee for clean wood and yard waste at the landfill in order to encourage the use of the compost facility. Bluestem has added drywall and other clean construction waste to its cornposting mix. Small communities continue to examine ways to better manage yard waste and brush. The town of Coggon, for example, is currently preparing a comprehensive plan that addresses integrated solid waste management, including composting. North Liberty is expanding community composting as well. Backyard composting will continue to be promoted, particularly by Extension Services through the Master Gardener Program, as well as through various recycling/waste reduction publications. Bioreactor cell technology In 1998, Bluestem initiated a pilot project to test a new bioreactor technology. Briefly, 60% of the waste placed in the 'cell decomposes over a seven year period after which it is mined. Of the material left, approximately 20 percent is landfilled. If successful, this technology will reduce the need for landfilling dramatically. According to John Skinner, Executive Director and CEO of Solid Waste Association of North America (SWANA), "By increasing landfill life and reducing the time and costs of post-closure care, bioreactor landfills may be the next great advance in landfill technology which could permanently change the way landfills are designed and operated." (Waste A.qe, January 2000) For more information about bioreactor cells, see Appendix J. Combustion. The state of Iowa does not recognize incineration as waste reduction. Together with the expense and amount of feedstock required, combustion does not currently offer a viable waste disposal method for municipal solid waste in the ECICOG solid waste planning area. 45 Costs associated with recycling/waste diversion programs In fall 1999, solid waste commissions calculated the costs of their respective waste reduction, recycling, and education activities. These activities included the following: ,/Tire collection and processing subsidies / White goods collection and processing subsidies ,/Computer equipment collection and processing subsidies v' Compost operation subsidies v' Costs associated with processing recyclables · / Cost of operating drop-offs for recyclables -/Administrative costs of bans on recyclables ,/Costs associated with brochures, ads, websites, advertising/education campaigns, booklets, etc. that encourage and/or provide information about recycling and waste reduction ,/Costs associated with HHW facilities and/or toxic clean-up days FY99 costs are summarized in the following table. Table 7.1 Subsidized Costs for Recycling and Waste Reduction Programs FY99 Expenditures for Landfills in ECICOG Recycling, Waste FY99 Solid Waste Reduction/Diversion, and FY99 Tonnage Expenditures Planning Area Composting per Ton Programs/Education Benton $135,688 10,263 $13.22 Iowa $ 26,440 10,312 $ 2.56 Johnson (Iowa City) $ 683,000 74,281 $ 9.20 Jones $ 92,007 9,456 $ 9.73 Linn (Bluestem) $ 2,132,821 178,285 $11.96 'Tama $ 69,995 10,839 $ 6.46 Total $ 3,139,951 293,436 $10.70 Source: Local landfilZ/solid waste commissions October/November 1999 Other technologies & methods examined The ECICOG Solid Waste TAC as a group as well as individual members have considered or investigated numerous methods of managing solid waste and recyclables. Linn County/Bluestem has been especially aggressive, evaluating various alternative technologies, systems, and claims. Among the subjects that have received attention at the regional and/or local level are the following. Aerobic digestion Alternative daily cover including paper sludge, shingles, C&D Anaerobic digestion (Environmental Products & Technology Company) Asbestos management Balefill Bioreaction Building material fabrication · Waste-to-particle board (Evergreen Global Resources) · Neutralysis · Tekkaseki technology (solid waste building blocks) 46 Composting · Backyard · Municipal scale · On-farm composting (Kirkwood Community College) · Vermicomposting · Grasscycling · Co-composting · Wet-dry composting · MSW composting · In-vessel composting (Thermo-Tech Inc) · Bio-solids composting · Source separated select organics · Manure composting (Iowa Gold Dairies) Enviromentally preferable purchasing Fermentation (Belgium) Full Cost Accounting Hazardous Waste Management · Households · Conditionally Exempt Small Quantity Generators Incineration · Barlow Group · Contiental Waste Conversion, Inc (Kocee Combustion System) Integrated Solid Waste Management Land application · Freiburger · Hormel Land Application Landfill bans Landfill gas collection Landfill mining Materials Recovery Facilities · Clean · Dirty (Cordele, GA; Americana Resource Technologies--mechanical separation) Mixed waste processing (Lundell) Pyroloysis (Louisiana Environmental Power, Inc.) Plasma pyrolysis vitrification (PMX; Global Plasma Systems Corp.) Rail hauling Recycling · Curbside · C&D · Drop-off · Business · Multi-family · Selected material including tires. white goods, electronic equipment · Animal bedding/shredded paper · Concrete recycling (Concrete Recyclers) · Insulation (Mason City Insulation, Inc.) Regionalization Resource management contracting Re-use programs (Salvage Barn, Eco-youth, Good Will, Salvation Army) Source reduction Source separation Supercritical water oxidation 47 Sustainable building (green/environmentally friendly building) · Linn County Conservation Wickiup Education Center · Cedar Rapids Community Schools eco-house · Prairewoods Spirituality Center · Iowa City Landfill building · Iowa City housing project · ECICOG GRO project Toxicity reduction (Safe Chemicals in Schools Project) Transfer hauling including mobile Unit based pricing (pay-as-you-throw) Waste technology park (Tucson & Los Reales Landfill) Waste to energy (BFC, Inc.) Zero waste - .[..'.. -,....:-: . .-.. ~.~-~,. .. ,.:': ., - : · ; . ,. ..~ Bluestem's bioreactor land~ll cell pilot pmj~t I~ted at Site ~2 no~ of Marion. ;..: . , .,, ~ .... '~-~,- :~.~ :'- . ....... :. Bluestem's Compost Facifi~ " ' ' at Site ~I in Cedar Rapids. ";' ' ' ' .' ~ The largest in the state, the . . .. : facili~ ~mposts yard waste, - ' ' ~.- : . , ,". paper sludge, clean wood -... , ,-,: ;~ ~ ' · ' ~ ........., - , -..-~' '~' . "-',- ~,~ ~":.~ .... '-.-, , -".:~- .~ ~ waste. andd~all. 48 SECTION 8. SIX YEAR IMPLEMENTATION PLANS AND SCHEDULES ECICOG Six Year Implementation Plan and Schedule (2000-2006) In creating its action plan, the ECICOG Solid Waste Technical Advisory Committee considered the goals and comments recorded at meetings in each county. For the most part, ECICOG's role continues to focus on education, research, and assistance to member communities and counties. Table 8.1 ECICOG Integrated Waste Management Activities: 2000-2006 Year Goal Strategies Responsible Entity 2000- Continue to provide · Continue to hold monthly meetings ECICOG Solid Waste 2006 regional forum for of the ECICOG Solid Waste Planning Staff; ECICOG members Technical Advisory Committee Solid Waste Technical (TAC) at which solid waste issues-- Advisory Committee including new waste diversion (TAC) technologies--are discussed. 2000- Continue to support · Take advantage of grant programs ECICOG Solid Waste 2006 opportunities for such as IDNR's County Waste Tire Planning Staff; TAC regional cooperation Management Program; EPA Sustainable Development Program, etc. · Research cooperative ventures ECICOG Solid Waste such as a Regional Collection Planning Staff; TAC Center for hazardous waste, regional composting facility, etc. 2000- Continue to provide · Assist with planning & ECICOG Solid Waste 2006 planning and implementation of activities related Planning Staff; TAC administrative to integrated waste management assistance to member including curbside recycling, pay-as- counties, cities, & you-throw programs, composting, waste management hauling contracts, solid waste agencies & ordinances, hazardous waste & commissions special waste management, etc. · Devise forms for recording information about landfilling alternatives 2000- Continue to maintain · Include multi-media materials about ECICOG Solid Waste 2006 ECICOG solid waste waste reduction, recycling, reuse, Planning Staff management library as hazardous waste, and related topics well as provide website reference list · Maintain current list of holdings and ECICOG Solid Waste distribute to interested citizens, Planning Staff groups, schools, etc. 49 Table 8.1 - ECICOG Continued Year Goal' Strategies Responsible Entity 2000- Prepare · Collect and analyze data, conduct ECICOG Solid Waste 2006 comprehensive plan meetings, establish goals and Planning Staff, TAC update strategies, etc. as part of plan preparation & implementation. 2000- Co-sponsor · When opportunities arise, assist ECICOG Solid Waste 2006 educational programs, with waste reduction and recycling Planning Staff; TAC workshops, seminars programs such as EPA teleconferences, IDNR workshops; IRA conferences, etc. 2000- Provide grant · Assist with applications that will ECICOG Solid Waste 2006 assistance for waste reduce toxicity and/or the amount Planning Staff reduction and of waste being landfilled recycling projects · Give priority for grant assistance to ECICOG Solid Waste member counties & communities. Planning Staff Assist non-profit and private entities as time and resources allow. 2000- Promote buy recycled/ · Promote NACo's Environmental ECICOG Solid Waste 2006 environmental Purchasing Program (EPP) among Planning Staff; TAC purchasing and member counties; promote Recycle Recycle Iowa as well Iowa, IWE, & WRAP in the business as IWE and WRAP community. 2000- Promote recycling and · Use the agency's green building ECICOG Solid Waste 2006 waste reduction in experiences/resources to continue Planning Staff; TAC construction to promote environmentally friendly building 2000- Continue to collect · Annually update data concerning ECICOG Solid Waste 2006 and analyze data community recycling, landfill Planning Staff; TAC concerning waste tonnage, composting, etc. and management and provide to members of the ECICOG recycling activities in comp plan the planning area 2000- Monitor state and · Use the Internet and other services ECICOG Solid Waste 2006 federal legislation available to stay informed about Planning Staff concerning waste state and federal legislation; provide management updates to TAC and other interested constituents 5O Benton County Six Year Implementation Plan and Schedule (2000-2006) Members of the Benton County Solid Waste Disposal Commission as well as the public met in September and November to discuss the plan update. At the September meeting, progress toward goals established in the fall of 1996 for 1997-2000 were evaluated. Improvements to landfill scale house. According to the county engineer, the issues concerning the facility were resolved. Curbside recycling, Only one community, Urbana, has expressed interest in curbside recycling. Changes in state hierarchy. Incineration is now at the same place in the hierarchy as landfilling. c~ Increase awareness about integrated waste management among public. Additional information has been distributed to residents about use of the county's recycling drop-offs. For two consecutive years, a recycling brochure has been distributed to every household in Benton County. Also, the Iowa Waste Exchange representative has worked with several Benton County businesses. Q Landfill financing. The way the landfill is financed was evaluated and local officials decided to continue supporting the facility via per capita assessments. Integrated waste management activities for 2000-2006 are listed below. Table 8.2 Benton County Integrated Waste Management Activities: 2000-2006 Year Goal Strategies Responsible Entity 2000 Increase public · Review and assess need for Solid County Engineer; Solid participation in waste Waste Disposal Commission Waste Disposal management members to meet monthly. Commission · Review make-up of Commission and by-laws. 2000- Evaluate drop-offs for · Compile data concerning cost and County Engineer; 2003 recyclables usage of recycling drop-offs. Commission 2000 Increase/expand · Continue distributing written County Engineer; education concerning information (brochure) at least Commission, ECICOG waste management & annually recycling · Promote more recycling education in schools 2000- Promote use of · Fulfill goals of IDNR grant County Engineer; 2003 Household Hazardous application/contract concerning Commission; ECICOG Waste facility public education 51 Table 8.2 - Benton County Continued Year Goal Strategies Responsible Entity 2000- Promote' purchase of · Use resources such as the National County Engineer, 2003 products that have Association of Counties (NACo) Commission; ECICOG recycled content Environmental Purchasing Campaign to initiate more "buy recycled" 2000- Promote use of the · Make referrals to the Iowa Waste County Engineer, 2006 Iowa Waste Exchange Exchange representative Commission; ECICOG among Benton County businesses 2000- Continue recycling · Continue white goods, tire, & County Engineer, 2006 programs at landfill & shingle landfill diversion programs Commission investigate new · Review and assess other ways to landfill diversion divert materials, especially technologies construction &demolition 2000- Sustain viable landfill · Fulfill permit requirements including 2006 facility those associated with closure & post closure . Drop~ff trailer for re~dables in Noway. The landfill rammission sponso~ a ~flection trailer in each Benton ~un~ communi~. 52 Iowa County Six Year Implementation Plan and Schedule (2000-2006) Members of the Iowa County Regional Environmental Improvement Commission (REIC) met t~NiCe in the fall of 1999 to discuss progress in the areas of waste and toxicity reduction as well as recycling during the past three years and to establish goals for the next six years. Progress made toward goals established in the fall of 1996 include the following. Synthetic cover. Purchased in 1999, the synthetic cover is among technologies that the landfill is using to conserve resources. Tire recycling/education. Since 1996, the county has participated in the regional tire collection, processing, and education program facilitated by ECICOG. Drop-offs for recyclables. The REIC continues to sponsor the monthly recyclables drop-off in Marengo, as well as promote the use of the Amana Refrigeration and Cox Sanitation drop-offs located in Amana and North English respectively. n Curbside & business recycling in Iowa County communities. Three of six communities have city wide curbside collection of recyclables; the other three in the plan--as well as the rural area--have curbside by subscription. ~ Household hazardous waste (HHW). Iowa County held a toxic clean-up day in 1997; during 2000, a permanent satellite facility for the collection of HHW will be sited at the landfill. Goals established for 2000-2006 follow. Table 8.3 Iowa County Integrated Waste Management Activities: 2000-2006 Year Goal Strategies Responsible Entity 2000 Select best option for . Continue researching options including Regional Environmental future landfilling new cell, transfer station, etc. and the Improvement Commission costs (monetary, environmental, & (REIC); Environmental political) associated with each option Director 2000- Evaluate & promote · Continue to sponsor monthly drop-off Environmental Director; 2006 recycling program; collect data concerning its REIC, East Central Iowa opportunities in Iowa use (number of users, tonnage, etc.) Council of Governments County Consider additional days/hours. (ECICOG); Iowa Waste · Continue to support and encourage Exchange use of Amana and Cox drop-offs ·Continue to encourage curbside collection of recyclables · Make business referrals to the Iowa Waste Exchange (IWE) 2000 Implement household · Construct HHW satellite facility and Environmental Director; hazardous waste promote use by residents; fulfill goals REIC, ECICOG collection & of grant proposal education program 2000- Increase waste & · Publish & distribute brochure listing Environmental Director, 2006 toxicity reduction/ recycling/waste reduction options REIC, ECICOG recycling education available to Iowa County residents · Encourage invitations to speak at Environmental Director, schools as well as landfill tours REIC, ECICOG · Fulfill education requirements associated with HHW satellite facility 53 Table 8.3 - Iowa County Continued Year Goal Strategies Responsible Entity 2000- Investigate other · Research feasibility of recycling Environmental Director, 2006 materials to shingles and banning cardboard REIC, ECICOG recycle/divert from landfill 2000- Promote purchase of · Distribute information about "Buy ECICOG, IWE 2006 products with Recycled" &"Environmental recycled content & Purchasing" to cities, county, & products that are less business sector; respond to requests toxic among cities, for assistance county, & businesses 2000 Promote use of Iowa · Review conditions of REIC 28E Environmental Director, County landfill by Agreement; consider other strategies REIC, ECICOG local entities such as contracting Waste tire amnesty collection event at the Iowa County Landfill in spring 1999. Since implementing the County Waste Tire Management Program in 1997, more than 422,000 tires have been collected and recycled in the ECICOG solid waste planning area. 54 Johnson County Six Year Implementation Plan and Schedule (2000-2006) The planning group in Johnson County was assembled for the purpose of updating the comprehensive plan. The committee met two times in October and November 1999 to discuss progress towards waste reduction and recycling goals during the past three years and to establish goals for the next six years. Progress made toward goals established in the fall of 1996 include the following. n Household hazardous waste (HHW). During 2000, a permanent Regional Collection Center for the collection of HHW will be sited at the landfill for use by residents in Johnson County and the cities of Kalona & Riverside. a Increase recycling and waste reduction among the commercial sector. In addition to promoting the Iowa Waste Exchange services, the Iowa City Landfill established the Waste Reduction Grant Program to support projects that reduce waste going to the landfill. To date, approximately $75,000 has been awarded to businesses, non-profit agencies, schools, and local units of government for recycling equipment and education programs. Waste characterization. A waste sort was completed in 1998, providing the county with detailed information concerning its waste. a Waste management. The city/county continue to assess the impact of private transfer operations on integrated waste management. n Incineration. Medical incinerators in the county are being closed due to rule changes. Evaluation of curbside recycling. Iowa City has added mixed paper to its residential curbside collection program ~ Composting. The Iowa City landfill continues to explore and experiment with composting technology. r~ Twenty-five year landfill study. A study assessing remaining landfill capacity as well as costs was completed in 1998. Goals established for 2000-2006 follow. Table 8.4 Johnson County Integrated Solid Waste Management Activities: 2000-2006 Year Goal Strategies Responsible Entity 2000 Create Johnson * Define objectives and recommend JCCOG/ECICOG Solid County Waste committee make-up Waste Planners; Plan Reduction Advisory · Submit proposal to Iowa City Update Committee Commission Council/City Manager 2000- Establish Regional ° Pursue Dept of Natural Resources RCC City of Iowa City; 2006 Collection Center grant objectives, including, I:CICOG: JCCOG; Iowa (RCC) for household ° Obtain permit; construct facility Waste Exchange (IWE) hazardous & · Survey Johnson Co small businesses Conditionally Exempt o Implement education & promotion Small Quantity programs as described in grant Generators (CESQG) waste 55 Table 8.4 - Johnson County Continued Year G0al Strategies Responsible Entity 2000- Continue to support · Work with Council of Governments on City of Iowa City; 2006 regional approach to regional contracts for recycling tires, JCCOG/ECICOG Solid recycling white goods, and other materials as Waste Planners needed 2000- Increase recycling, · Collect additional data concerning the Advisory Committee; 2003 reuse, and reduction C/I/I waste stream in Johnson Co JCCOG Solid Waste among commercial/ · Review existing manuals, fact sheets, Planner; IWE; Iowa City Industrial/ etc. about C&D waste management and Coralville institutional (C/l/I) · Educate owners, directors & decision Staff/Councils sector makers about the benefits of recycling · Enlist Iowa City Chamber of Commerce & Downtown Association in downtown recycling program. Possibly seek partial funding from landfill grant program. · Enlist University of Iowa personnel to increase waste reduction activity at UI · Enlist Coral Ridge Mall personnel to increase waste reduction/recycling activity at mall 2000- Develop strategies to · To obtain basic data concerning extent Advisory Committee; 2006 increase recycling of rural recycling, survey haulers who JCCOG/ECICOG Solid among rural residents serve rural Johnson Co Waste Planners; Johnson · Consider establishing drop-off at Co Board of Supervisors landfill ·Promote City Carton and grocery store drop-offs among rural residents · Present recycling opportunities to rural neighborhood associations 2000- Review costs of waste · Promote bidding of waste Advisory Committee; 2006 management & hauling/recycling/yard waste contracts JCCOG/ECICOG Solid recycling programs at least biannually in communities Waste Planners; Johnson where private haulers operate County City Clerks & · Continually review costs of recycling, Councils; City of Iowa and waste reduction programs, City considering long term as well as short term costs; use full-cost accounting · Advise cities to collect data concerning amount of waste and recyclables collected · Track waste generated in and leaving Johnson Co; encourage legislation that requires transfer operations to pay tonnage fees that support recycling · Revisit cardboard ban 2000- Explore options to Seek opportunities for construction waste Advisory Committee; 2006 reduce construction & management with industry organizations JCCOG/ECICOG Solid demolition waste including the local Homebuilders Waste Planners Association as well as the UI 56 Table 8.4 - Johnson County Continued Year Goal Strategies Responsible Entity 2000- Expand recycling · Promote tours of landfill, RCC, Advisory Committee; 2006 education activities at compost facilities JCCOG/ECICOG Solid elementary & · Continue landfill support of school Waste Planners; Iowa secondary schools programming such as Recycling City Landfill Magician and Magic School Bus · In order to sustain school recycling programs, partner schools with local businesses or service clubs 2000- Increase recycling in · Implement recommendations JCCOG Solid Waste 2006 multi-family housing presented in 1995 Multi-Family Planner Dwelling Recycling Committee Final Report 2000- Develop strategies to · Expand education efforts Advisory Committee; 2003 reduce illegal · Review illegal dumping laws and JCCOG/ECICOG Solid dumping in Johnson enforcement policies Waste Planners; Iowa County City Landfill 2000- Promote · Collect data concerning existing buy Advisory Committee; 2006 environmental recycled/environmentally friendly JCCOG/ECICOG Solid purchasing programs purchasing Waste Planners among cities as well · Support regional workshop as the county and UI · Provide individual assistance 2000- Expand composting · Work with landfill to identify organic Advisory Committee; 2006 materials in the waste stream that JCCOG/ECICOG Solid could be cornposted Waste Planners; Iowa · Promote backyard composting City · Support private efforts such as D&D Vermicomposting and on-farm composting Iowa Ci~ toxic clean-up day in fa~ 1999. Sin~ 1989, Iowa Ci~ has hosted seven toxic clean-up events. 57 Jones County Six-Year Implementation Plan & Schedule (2000-2006) Members of the Jones County Solid Waste Management Commission met in September and October of 1999 to discuss progress in the areas of waste and toxicity reduction as well as recycling during the past three years and to establish goals for the next six years. Progress made toward goals established in the fall of 1996 include the following. Residential recycling education. Together with the Jones County Board of Supervisors, the Jones County Solid Waste Management Commission sponsored the distribution of recycling brochures to all households in Jones County through the county shopper. Business and industry recycling. Solid waste commission/landfill personnel continued to make referrals to the Iowa Waste Exchange. n New technologies. During 1999, the landfill conducted a pilot leachate study that used evaporation techniques. Q Household hazardous waste (HHW). In 1998-99, Jones County worked with Clinton County in the Bi-State Solid Waste Planning area to site a permanent satellite facility at the landfill for the collection of HHW from residents. Goals established for 2000-2006 follow. Table 8.5 Jones County Integrated Solid Waste Management Activities: 2000-2006 Year Goals Strategies Responsible Entity 2000- Encourage community & · Research rotating meeting locations; Jones Co Solid Waste 2006 prison representatives to sending agendas/meeting notices Management attend monthly solid waste out; askin9 for new raps if Commission commission meetings appointees not attending meetings (Commission) 2000- Enhance recycling education · Promote reduction, recycling, and Commission; Board of 2006 in rural &urban areas of Jones reuse in appropriate/relevant Supervisors; ECICOG County publications such as Soil Conservation Service newsletter · Promote pay-as-you-throw in all communities · Use local media to encourage recycling · Utilize the Farm Bureau spokesperson to get information to rural residents · Investigate distributing information with the electric bill · Distribute recycling brochure annually to all Jones Co residents · Communicate recycling/reduction goals to Jones Co communities via Commission members · Encourage school groups to tour landfill 2000- Work with local businesses · Identify businesses that are Landfill personnel 2006 and industry to recycle utilizing landfilling recyclable materials Iowa Waste Exchange (IWE) staff · Make referrals to IWE Landfill personnel; Commission 58 Table 8.5 - Jones County Continued Year Goals Strategies Responsible Entity 2000- Continue to provide · Monitor use of drop-off; encourage Commission; Landfill 2006 recyclables drop-off at landfill rural residents and Co Board of personnel for rural residents Supervisors to support 2000- Promote the establishment of · Request Board of Supervisors to Commission; Board of 2003 county ordinance to mandate consider Supervisors recycling in unincorporated areas of Jones County 2000 Review Commission 28E · Review and evaluation of Agreement Commission Agreement, specifically responsibilities of county & communities regarding use of landfill by residents 2000 Consider strategies for · Evaluate use of contracts to direct Commission continued use of landfill by waste to Jones Co landfill C/I/I sector 2000- Encourage use of Household · Use local media to encourage use of Commission; Clinton 2006 Hazardous Waste satellite HHW facility County RCC; ECICOG facility · Include information about HHW Commission; ECICOG program in all communications about recycling & waste management, e.g. recycling brochure 2000- Encourage cities and county to · Support regional environmental Commission; ECICOG 2006 adopt environmental purchasing workshop for city/county purchasing practices employees involved in purchasing 2000- Stay informed about prison · Research additional opportunities for Commission; ECICOG 2006 composting facility cornposting at prison 2000- Investigate new landfill · Research opportunities for diverting Landfill personnel; 2006 diversion opportunities construction & demolition waste Commission; landfill engineer; ECICOG 2000- Research new technologies · Stay informed about new Landfill personnel; 2006 for the Jones County landfill technologies Commission; landfill · Monitor/evaluate wetlands program engineer; ECICOG for leachate control 59 Linn County Six Year Implementation Plan and Schedule (2000-2006) Back.clround: In January of 1994, the City of Cedar Rapids and Linn County signed a joint powers agreement creating the Bluestem Solid Waste Agency, a regional waste management agency encompassing Linn County. The agreement extended to Bluestem all implied powers of the city and county necessary to accomplish the creation and operation of an integrated solid waste management system. A report completed shortly after the formation of Bluestem indicated that both Bluestem landfills would be filled sometime in 2002 or 2003. Because the process to site, permit, and construct a landfill generally takes at least five years, developing new landfill space or another system to manage solid waste became an early Bluestem priority. Bluestem decided to analyze several waste management technologies instead of immediately starting to site a new landfill. The purpose of the analysis was to insure that waste generated in Linn County would be managed in a cost-effective and environmentally responsible manner. The analysis was also intended to look at ways to reduce reliance on landfilling. Analysis: Bluestem incorporated a public input and review process in its planning. A volunteer focus group comprised of a diverse group of twenty (20) Linn County business people, educators, and other interested citizens was formed to review the available technologies and select the integrated waste management systems to be considered. The final report for this planning process includes a 20-year life cycle cost analysis of four integrated systems developed by the focus group. The report also includes a detailed description of the entire planning process and a set of implementation recommendations, approved by the Bluestem Board of Directors in June of 1996. The entire Integrated Sofid Waste Management Systems Analysis (ISWMSA) report was submitted as an attachment to the ECICOG 1997 Subsequent Plan as well as summaries of the report and the siting process. Pro.clram iml31ementation. The ISWMSA and corresponding recommendations continue to provide direction to Bluestem. Appendix J contains detailed discussion concerning progress toward goals established during the last plan update as well as implementation plans for 2000-2006. -:.*.:~_.' -, ~..~, "~-,.~t.-~"'~i,~,~,~.-~*;~"~:' ~ ,- ,:_:~..,'~' -~,-'~k~ ~'. ................................... Recyclables waiting to be pr~essed at Ci~ Canon Company's Cedar Rapids f~nili~ 60 Tama County Six Year Implementation Plan and Schedule (2000-2006) The Tama County Solid Waste Management Commission held two comprehensive planning sessions during their regular September and October 1999 meetings. Progress toward goals established in 1996: During the September 1999 meeting, participants reviewed goals established three years ago. Progress has been made toward the following goals. Paper mill sludge. Sludge from a local paper mill, formerly landfilled, has been diverted to the biofuels plant in Cedar Rapids. [] Curbside recycling. In 1997, a task force in the City of Dysart studied pay-as-you-throw and curbside recycling, recommending both to the city council. The Council did not adopt pay-as- you-throw, but implemented a voluntary curbside recycling program. The Tama County Solid Waste Management Commission funded the purchase of the city's recycling bins. Nearly half of the households in Dysart have requested bins. [] Recycling education. For the past two years the Commission has distributed a brochure concerning use of the recycling drop-offs to all residents. They have also supported several school programs including a recycling magician. [] Participation in solid waste commission. Community and county representatives consistently attend the commission's monthly meetings, providing a healthy forum for the discussion of waste related issues. n Household hazardous waste. Toxic cleanup days will be replaced by a permanent satellite facility to which Tama County residents can bring their hazardous materials. In summary, participants in the planning process favorably evaluated the past three years given the number of goals achieved. In the chart below, activities for the next six years are listed, Table 8.6 Tama County Integrated Waste Management Activities: 2000-2006 Year Goal Strategies Responsible entity 2000 Evaluate drop-off · Collect and compile data. compare Solid Waste Disposal program including over time. Commission; Tama costs, usage, County Landfill Advisor; contamination, etc hauling contractor; ECICOG 2000- Increase public · Establish task force to address Commission 2006 education concerning business waste waste reduction, - Support recycling and waste recycling and reduction activities at the schools e.g. landfilling, especially underwrite Magic School Bus visit; at schools invite school groups to tour landfill · Better utilize county extension and conservation staff 61 Table 8.6 - Tama County Continued YEAR Goal Strategies Responsible entity · Encourage service and community Commission, ECICOG groups as well as city councils to invite solid waste personnel & commission members to speak about solid waste concerns 2000- Discuss and review · Activate recycling sub-committee to Commission 2003 support of curbside address recycling programs in Tama County communities 2000- Implement household · Fulfill goals of grant program including Commission; ECICOG 2003 hazardous waste educational goals program 2000- Continue to solicit · Continue to encourage commission Commission; advisor 2006 participation on solid members to attend monthly meetings waste commission · Encourage communities to replace Commission Chair and commission members who are Secretary inactive 2000 Review 28E agreement · Distribute at commission meeting; Commission; ECICOG and commission by- request legal review if necessary laws 2000 Continue tire · Per objectives in IDNR grant Commission; ECICOG collection and application/contract education program 2000- Research idea of · Evaluate OCC ban in Traer; consider Commission 2003 banning cardboard at for entire county landfill 2003- Evaluate need for new · Obtain cost proposals for new cell; Commission 2006 cell at landfill review and evaluate options Drop~ff recycling prog~m in the = ~; . . "'.~' L'~:''~' .....:""":7.. , Ci~ of Traer. In 1998. Traer banned ;' ' ca~ard from their waste stream. · ""~ ~;.' -' '. ': ::~.~ 62 APPENDIX A IOWA DNR COMPREHENSIVE PLAN DEADLINE EXTENSION LETTER THOMAS J. VILSACK, GOVERNOR PAUL W. JOHNSON, DIRECTOR SALLY J. PEDERSON, LT. GOVERNOR March 30, 2000 Marie DeVries, Solid Waste Planning Coordinator East Central Iowa Council of Governments 108 Third Street SE, Suite 300 Cedar Rapids, Iowa 52401 East Central Iowa Council of Governments Third Subsequent Comprehensive Plan, Part I Due-date Extension Permit Nos.' 06-SDP-02-81 P MLF 52-SDP-01-72 P MLF 57-SDP-01-72 P MLF 86-SDP-01-72 P MLF 48-SDP-02-79 P MLF 53-SDP-01-76 P MLF 57-SDP-03-75 P MLF Dear Marie: This is in response to the request, received March 30, 2000, for an extension to the due-date for the East Central Iowa Council of Governments (ECICOG) to submit the third revision of its Solid Waste Comprehensive Plan, Part I. Based on the information provided, the due-date is extended to April 14, 2000. If you have any questions or comments regarding this matter or comprehensive planning in general, please contact me at Jane Mild at (515) 281-5105, jane.mild(_a_-?_,dnr.state.ia.us, or Laura Juliano at (515) 281-8946, laura.juliano(~,dnr.state.ia.us. Sincerely, ~anner Waste Management Assistance Division cc: Lavoy Haage, Environmental Protection Division, IDNR Susan Dixon, Environmental Protection Division, IDNR IDNR Field Offices #1, #5, and #6 Jon Tack, EPD, Compliance and Enforcement Bureau Dave Hogan, Bluestem Solid Waste Agency Sara Bixby, Foth & Van Dyke :..'~ ~ - Jane McAlister, Ahlers Law Finn WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 515-281-5145 TDD515-242-5967 FAX515-281-8895 www.state.ia.us/dnr APPENDIX B ECICOG 2000 BOARD MEMBERS East Central Iowa Council of Governments Board of Directors February 1, 2000 Larry K.e~rnp, Vinton City Coundl Dale Todd, Cedar Rapids Commissioner 1503 14 Avenue South City Hall - 50 2''d Avenue Bddge Vinlon, IA 52349 Cedar Rapids, IA 52401 Ph: (319) 472-4893 Fax: same as ph Ph: (319) 286-5080 Fax: (319) 286-5134 E-maih kempvilleusa@webtv.net E-mail: dalet@cedar-rapids.org Dee Vanderhoef, Iowa City Council Chades Montross, Iowa County Supervisor 2403 Tudor Ddve 1337 284t" Street Iowa City, IA 52245 Deep River, IA 52222 Ph: (319) 351-6872 Fax: (319) 356-5009 Ph: (319) 655-7283 E-mail: Dee_Vanderhoef@lowa-City.org Henry Herwig, Coralville City Council Tom Tjelmeland, Mayor of Ely Box 5370 PO Box 95 Coralville. IA 52241 Ely. IA 52227 Ph: (319) 351-7214 Fax: (319) 354-5539 Ph: (319) 848-7212 E-maih HCH319@AVALON.NET Sally Stutsman, Johnson County Supervisor Gary E.d'~v. thards, Iowa County Citizen PO Box 1350 1689108 Street Iowa City, IA 52240 Marengo, IA 52301 Ph: (319) 356-6000 Fax: (319) 354-4213 Ph. (319) 642-3579 E-mail: sstutsma@cojohnson.ia.us E-Mail: garykath@netins.net Dell Hanson, Benton County Supervisor David Cavey, Mayor of Olin 2384 55u~ Street Ddve PO Box 1,313 Jackson Vinton, IA 52349 Olin, IA 52320 Ph: (319) 472-2309 Ph. (319) 464-2830 Fax: (319) 484-2875 Dennis Hansen, Jones County Citizen Don .~Ma~gdefrau, Benton County Citizen 102 Hamilton Court 832 12 Street, Box 208 Anamosa, IA 52205 Belle Plaine, IA 52208 Ph: (319) 462-4636 Fax: (319) 462-4612 Ph: (319) d~.,!.-2520 Fax: (319) ~-2522 E-mail: dmags @ netins.net Jim HsoTuser, Unn County Supervisor 930 1s Street SW Ann Heam, Linn County Citizen Cedar Rapids, IA 52404 Unn County DHRM Ph: (319) 892-5000 Fax: (319) 892-5009 305 Second Avenue SE E-mail: james.houser@co.linn.ia.us Cedar Rapids, IA 52404 Ph: (319) 398-3543 Fax: (319) 398-3906 Carol Casey, Johnson County Citizen E-maih ann.heam@co.linn.ia.us 230 University Services Building Iowa City, IA 52242 Lu Barton, Unn County Supervisor Ph: (319) 335-1338 Fax: (319) 335-2722 930 1~ Street SW E-maih carol-casey@uiowa.edu Cedar Rapids, IA 52404 Ph: (319) 892-5000 Fax: (319) 892-5009 Leo Cook, ~Jones County Supervisor lu.barron@oo.linn.ia.us 21435 175 Avenue Monticello, IA 52310 Rod Straub, Iowa County Supervisor Ph: (319) 465-4740 38 220 Trail South Amana, IA 52334 Robert Stout, Washington County Supervisor Ph: (319) 622-6274 118W. Main Washington, IA 52353 Ed Raber, Washington County Citizen Ph: (319) 653-7711 Fax: (319) 698-7932 212 N. Iowa Avenue Washington, IA 52353 Ed Brown, Mayor of Washington Ph: (319) 653-3942 Fax: (319) 653-5805 215 E. Washington Street E-maih wedg @ lisco.net Washington, IA 52353 Ph: (319) 653-6584 Fax: (319) 653-5273 E-maih cowashington @ lisco.net APPENDIX C RECYCLING GUIDES & BROCHURES FROM ECICOG SOLID WASTE PLANNING AREA · Benton County Recycles Brochure · Amana Recycling Collection Program Brochure · JCCOG Recycling and Waste Reduction Guide · Jones County Recycles Brochure · Bluestem Home & Business Recycling Companion · Bluestem Pollution Prevention Handbook · Tama County Recycles Brochure Complete publication available from the ECICOG office or respective local entity. Recycling . ~. Collection '.'_2 ~'~ Program 1999-2000 RECYCLING AND WASTE MANAGEMENT Reeyding PROGRAMS for the New Century SPONSOREDBY: BENTON COUNTY SOLID For more information WASTE DISPOSAL COMMISSION Contact: -¢. Reeyding Message Center Benton County Engineer's Office (319) 622-8191 319-472-2211 ii~f-!T.-OO OZ:lGpe Frm-Ct~ OF i~& CITY +3193565009 T-951 P.OZ F-T05 Complete publication available from the ECICOG office or respective local entity. Recycling and Waste Reduction Guide Johnson County Council of Governments September 1999 Ninth Edition Complete publication available from the ECICOG office or respective local entity. | 1999 1999 RECYCLING R ECYCLIN G AND WASTE AND WASTE MANAGEMENT MANAGEMENT PROGRAMS PROGRAMS SPONSORED BY: JONES COUNTY SOLID WASTE SPONSORED BY: MANAGEMENT COMMISSION TAMA COUNTY SOLID WASTE & DISPOSAL COMMISSION JONES COUNTY BOARD OF SUPERVISORS Tama County Landfill Office Jones County Landfill Ottlce 515-484-5061 462-3898 Complete publication available from the ECICOG office or respective local entity. ,- pROGRAM :~: .... ... . · - -..... . '..-,.. -. .... -..'.. · . ~ . _ . ..... . . ..- ,. .' --... .-. - . - ; . . .' ,.~ . . , ,' , - . Complete publication available from the ECICOG office or respective local entity. APPENDIX D RESOLUTIONS Adopting the ECICOG Subsequent Regional Integrated Solid Waste Management Plan 2000-2006 APPENDIX E WASTE TIRE PROGRAM EDUCATION MATERIALS · Your Automotive Tires: Owner's Manual Brochure · Sample Newsrelease: Benton County Amnesty Days · Waste Tire Products Grant Program Application · FY99 Tire Maintenance Education Survey to Driver's Education Teachers · Newspaper Article and Advertising Samples Complete publication available from the ECICOG office or local tire retailer. March 21, 2000 FOR RELEASE THROUGH APRIL 5, 2000 - Contact: Myron Parizek, Benton County Engineer, 319-472-2211 BENTON COUNTY SANITARY LANDFILL TO HOST TIRE AMNESTY DAYS Vinton, IA - The Benton County Solid Waste Disposal Commission, in conjunction with the Benton County Board of Supervisors, are sponsoring Tire Amnesty Days, Saturday, April 1 through Wednesday, April 5 during landfill hours, 8 AM to 11:30 PM Saturday and 8 AM to 4 PM Monday - Friday. During April 1 - 5, Benton County residents may drop off old passenger tires without rims at the landfill free of charge. The usual waste tire disposal fee for tires is $1.50 - $17.00 depending on size. The Benton County Landfill is located at 7904 20m Avenue, south of Blairstown. The amnesty is open to residents only, not to tire dealers, distributors, manufacturers, or any other person who collects, stores, processes or recycles waste tires for profit. Tire Anmesty Days are funded in part with a grant from the Iowa Department of Natural Resources and are intended to draw attention to the waste tire problem in Iowa. "Waste tires piled out of doors can pose a significant health risk because of mosquitoes," says Benton County Engineer Myron Parizek. "I urge residents to take advantage of this opportunity to properly dispose of tires and reduce that risk." Grant funds are also being used to promote proper tire maintenance among driver education students and the general public. Prolonging the life of tires through proper maintenance reduces the amount of waste generated each year. "Tires are a part of the solid waste stream that are generally overlooked in terms of reduction and recycling," says Parizek. "An auto tire can last up to 80,000 miles, but the average American car owner gets only 35,000-40,000 miles because of improper care and neglect." For more information about proper waste tire disposal and maintenance, contact Parizek, 472-2211, or the East Central Iowa Council of Governments, 365-9941 ext.31. -30- WASTE TIRE PRODUCTS GRANT PROGRAM Project Description Fiscal year 2000 PURPOSE The Iowa Department of Natural Resources has awarded the East Central Iowa Council of Governments (ECICOG) funds to promote proper disposal/recycling as well as maintenance of tires, ECICOG is committing $46,000 of FY00 funds toward products that contain recycled scrap tires. Purchase of these products will draw attention to the re-use of scrap tire material, serving to underscore the importance of recycling used tires. ELIGIBILITY Eligible applicants am cities, counties, and their subdivisions; school districts and 501 (c)3 nonprofit organizations; business and industry located in the ECICOG solid waste planning area. The solid waste planning area consists of the following counties: Benton, Iowa, Johnson, Jones, Linn, & Tama. ELIGIBLE ACTIVITIES Grant funds are available for installation and material costs of rubberized mats and pour-in-place surfacing/flooring as well as other products manufactured from waste tire material including, but not limited to, floor mats and tiles; irrigation and culvert piping; decking materials; office and warehouse supplies; railroad crossing levelers; speed bumps and wheel chocks; threshold ramps; running track surfacing; dock bumpers; livestock mats; hoses; and mulch. Information about products containinci scrap tire matedal as well as some samDies are available at the ECICOG office. Contact Marie DeVdes, 319-365-9941, ext. 26. FUNDING Applicants are not required to provide matching funds. However, applications that show local support will score higher. The total amount available is $46,000. APPLICATION DUE DATE Complete applications must be received by 4:30 PM, Monday, June 5, 2000. Submit applications to: Solid Waste Planning Division East Central Iowa Council of Governments 108 Third Street SE, Suite 300 C, edar Rapids, Iowa 52401 FAX: 319-365-9981 GRANTS The award is a one-time payment made on a reimbursement basis. Products cannot have been purchased, ordered, secured, or leased previous to the award.- BENTON · IOWA ° JOHNSON · JONES · LINN · TAMA Printed on recycled paper WTP-03-O0 REQUIREMENTS Applicants must submit the following: 1. Completed application. 2. A minimum of two cost proposals/bids for the product must be attached to the application, unless there is only one source for the product. The applicant is not required to take the lowest bid if applicant needs are better served by another vendor. AWARDS ECICOG solid waste planning staff will score and rank the applications. Applications that show the following will be ranked higher: Local cost share (Has the applicant committed funds to purchase of the product?) a Workplace recycling program (How much effort has the applicant made to divert waste? What items are being recycled? Does the applicant make an effort to purchase products that have recycled content?) a Product visibility (How many employees will be exposed to or benefit from the product? Will the public be able to view the product?) The awards will be made by the ECICOG Board of Directors as soon as possible following the application deadline. TERMS OF THE GRANT AWARD Within 60 days of receiving the award, grant recipients are required to arrange for purchase and installation of the product. Grant recipients may be required to provide signage and/or information conceming the product that can be distributed to the public, In addition, the site of the installation will be open to visits from the public. East Central Iowa Council of Governments Solid Waste Planning Area BENTON · IOWA ° JOHNSON ° JONES ° LINN · TAMA P~'~ted on recycled paper APPLICATION East Central Iowa Council of Governments Waste Tim Products Grant Program [Directions on back page] 1, AppFr, ant Name Contact Person 2, Address City Zip 3. Phone FAX Taxpayer ID# 4, Make check payable to (name & address): 5. Description of product containing scrap tire material ,you plan to purchase. Explain how, it will be used. 6. Where do you plan to locate the product? 7. Estimate the number of people who will be exposed to and/or benerd from the product. 8, Finandal assistance requested Product (s) Applicant Share (If any) ECICOG Share Total Cost TOTAL $ $ $ 9. Descdbe your workplace recycling and/or waste reduction program (attach additional pages if needed). 10. Where is your garbage landfilled (name of facility)? ATTACHMENTS · / Two (2) cost proposalsroids for product; one (1) if only one source for product. Authorized Signature T'ffie Date Printed/typed Name BENTON · IOWA ° JOHNSON ° JONES · LINN ° TAMA Printed on recycled paper D~RECT~ON~ FOR COMPLE'RNG THE APPLICA ~ON 1. Self-explanatory 2. Self-explanatory ]. Self-explanatory 4. Serf-explanatory Name the product you want to purchase, e.g. floor mats, pour-in-place sudacing, etc. Priodty will be given to projects that are visible to the public. 6. Describe where the product will be located at your facility. Attach a site map if needed. 7. About how many people will use or see the product daily?. 8. Self-explanatory. No match is required by the applicanL However, applicants who share in the cost will be given priority. Total funding available is $46,000. 9. Describe recycling and/or waste reduction strategies implemented at your workplace. If you need more space, affach additional pages. ]o. Name the landfill at which your waste is deposited. if you are unsure, ask your hauler. ATTACHMENT See Proj~'t Description for more information. Signature: The executive officer, chief elected official, president, or owner must sign the application. APPLICATION DEADLINE & SUBMISSION: To be considered, applications must be complete and arrive by 4:30 PM, May 15, 2000. Submit to the East Central Iowa Council of Governments, 108 Third Street, Suite 300, Cedar Rapids, IA 52401 or FAX 365-9981. QUESTIONS? Call Marie DeVries (ext. 26) or Jennifer Ryan (ext. 31), 319-365-994 1. BENTON · IOWA · JOHNSON · JONES ° LINN · TAMA Printed on recycled paper FY99 Tire Maintenance Education Survey October 1998 Directions: Please answer the questions below and return in the stamped envelope provided or F.~X to (319) 398-1298 by Friday, November 13, 1998. Questions? Call Jennifer or Mane, (319) 398-1266. If your school has more than one driver education instructor. nlease make conies for each instructor. 1. How many students enroll in your driver education class annually? 2. In the driver education course you teach, do you discuss tire maintenance? No 3. If Ye to question #2, what information do you provide? (check all that apply) ~oper tire inflation ~/'excessive speed /wheel balance /sudden stops ~lignment ~'~re replacement ~/rotation 4. If you have distributed the brochures, what method did you use? /Handed out in class Set out on a table for students to pick up and look at on their own. Other (Please describe: 5. Since receiving the brochures. have you emphasized tire m~intenance and proper disposal in your classes: more than before ~ same as before 6. If you received a supply last year, do you want additional brochures for your upcoming classes? Yes. How many?__ ~O 7. If you have never received brochures, do you want a supply to distribute to your students?. ~lres. How many? No 8. If we provide them, do you want tire gauges (like the one enclosed) to distribute to your students? F'Yes. How many? No Name: ~'~'~'~ ~ F'-~"y Telephone: School: ~ ~ ,~ ~ T~ YOU~ Get in gear for winter weather driving fo, ., ~.---~.,. s...,~.., "' "'*' ~"""'"~""~' ~: ""'~teen drivers · Cogky News WrtfilPr 5gill may ~ ~ ~ .% sARA) - As a paffnt. lt's 'r~y$ flIT. hut II $ roll the day y~'ve ~lh artlie. tno e~rly In start grakc~. fluids arid nlher ~- i~lt~ and d~ - ynur ~hmkntC ~N,tlt "wtnt~rtz1~c" ~enttn[~ chlhl'~ 161h btrthd3v ~n,r r~r F:vPn if ~'nti hv, m .~ II3vn,~ C,~NI br3k~ is ~n- Am~ with ~ drivers rtl~ih,fi~llt~ ~ drtvan~ m ~ow ~ ~,,I level :~ '~'llhtfi I.' I tilth vehicle · ~hich~ in flit milllie ~'lC. ' ' ' ' ' ..... ~ (tniy ~lh~llve wl~n tL~( pmlF crn~hes: slightly more fft~ ~ · IUI~Ip. AllhnU~h erly Wh~ dnvlnC a ~r than h~lf ar~ drlv~r~ -vail ~qv r~l mo~ ~,mrnr_~ble .C'6 ~z~ ~ ~ ~ -q~npp*~l with 3nli-l,ck Tw~thi~s or I~ll pa$PiI. st link al. vm~r vehicle. vnu c~ proMeros wl ~ ~ather tMms ~ cold. pr~qlretn 1he brake i~lal In cles driven by olhrr ~n~n~ ch~ks yml~eff. "pilllip' ~1~ b,~k~. You ~n improve the :rnu~i~ t~ 1,1 ~11~tlr~ tl~lt ynllr mlif. Anil ~ sa~ tea u~ fht. r~t':-~(~' w~h~.r 11uld. I[ your ~'l~r he.she drtv~ ~lo. Man~' ~'etur c~r wh~ i('s mid out- h~l~t ,m tll~ il~ -I ;lie. i,c ynu ~n ~pra~' ~ traclinll aid prev~n~ ~'~sher fluid from su~'is~ ~ivine "tt'h-n Ih~ temperalure ~ Pr~le~ne $ "Zn$l~ T~k" Trac- ~bthlv. you may want to ~ ~ er's drnp~ lq n,3r zero. Ihe humor Ti~ fmluenllv eel ntll n[ Ilnn APt. rnr example. is n wlndshl-~d de-~c-r additlvP · ~nl ~ll u~ should of ~(Is AAA ~ivH r~m 311~mrnt. ~'~ unuer me ~t nattire[ w~ ~ln fh~f ~n~ ~ ~%11]1 ~,Har e~l~fslt~ Ihlld. A ~ n~llibto~'. A~ualh'. · %%~enever ~able. Amenc3n Automohde ~. 18.~ mu~. A ~ mzcau,~a. ~nd~n~ on where you Finally. take a d~ I~k ~ve ~r chil~n nf eh~ ~ld.w~lher bmk- ' - urnlet your ~r's h~ to rake ~ ~uip~ wiffi air To h~p ~t'eid wint~ b~k- shlntm~. eep m M ~r~l ~ Iracu,n all ~nhin normal levels. ~Judi~[ ~5ffi s~h as dnwns. AAA r~mmends ~hae A '~'h~ aliamere ~n or,,- Ihnn ~mnd~ Ij~ and are Ch~k ~o ~ tha( )'~r ~r's m,,on~s cJe~l). re,rotor Ihe s~in~ ~d ~nkkn~ t~mlin,n ~ Iheir ~htcie's ~1. v-n( ~Jmi~n' ,re ~-al*. n~de ,~ ~r~d ~m~unds ~hn~ radialor. w3ler pump and the- and drivin~ ~ '~-~k h~lte~ is 3~ unusunl ~v- vmt memev mut,. le~c i~r31ttr~ ~nqw tire. like reg. .... ""'"' '""""'"'"""'"" P TS !tarne~t. mdh';HIIIg di~lly in · * t,rnlnc .tvpr Ihe enmne. It~ Alsn Ou.V J~nA 1[ yeHir QTis dim~lt to ~;~ ~ NEW BUILDING S R~imblr · tnt ~, ch~k to q~ that hlte~ ~ ~ · "} * NEW LOCATION ~,r~lnn is p~enl nn the ' " ~p~ment bady p~e~ ~ilab1~ ~tte~' terminal. To retake .m --Free Estimates ...... ~mmn ~nd oxidation. ~ ~' ' ~ ' '~ ....... Par~i~ ~ ~ 2~ ~ & "Get Our Price ~st' We ~r ~ u~inK ~lh fr~h ~k4~. 3n aid ~ffibmsit to cle~ the ~ ~Mo ~mn~t~ aml temi~ls ~' ~ 1 5T~ 18Th Ave. SW (319) 3~-2200 {h~ M,x,b~-F~ ~ ~,r~y K2 with ~ ~dtlC.m ~[ hakin~ ~la ~,~' LO Cedar Rapids. IA 27~) 7~ Ave.. Ma~ · 37~-~C>1 · i ;, ~ JRenta ,~ ru s .~,,t ,'r r t '~ .... "": j ~ FREE" . d J "'-, - Week of April 12. 1999 '98 Buick Ce~tu~ '98 ~w, Lumina ~7 Bui~ '96 Bui~ 12'~ge · Custom S~an '- ~n Park Ave, ~n Park Ave, S~an v~.~ .~.~.t~. ~v4.~ ~.~..~ ~.~a )monffis~EE~mDIRE~,Automa~iy~ ~.~ ~i:~ '~t~ ~ Richard Ma~ens, Owner ~,,:~o,,..~ ,~,.~ ~ ,~,,~.~-.:.: ,~,,,.~-~.~ CUNE AUC~ON -t ~ ;Vl [~: ~olas~ ~ ~~ ~ ~ April18 ImigBlateAuction, Holi,l.~vLake ~ ~~ ~ ~ .car, pi~, t~ls & mice. ' ..... I ~ April 25 Imig Estate Auclion, househuh ~ ~ ~ m ~ ~ items, Br~klyn Legion ~'-~ K~ta, Iowa 51~3~2171 80~231-2171 ~ May 8 Brooklyn Print 5hop SCRAP TIRE AMNESW B YDAYLU r ;I( OR 10WA COUNW RESIDENTS~ ~'~'~" .....~"'~'~" The iowa County Landfill will host ~atcr Scrap Tire Amnesty Days Friday &Saturday, April 23 & 24 ~ ,or Lira ~ Was~n~ton, Iowa, is in need Up to 20 waste tires without rims will be -h~ch ~ o[ an Automo~ve e 'clan. accepted per resident FREE OF CHARGE ~ ~mcr ~ Will ~ain. T~s is a full time Iowa County ~ndfiil ~1~~ ~ position wi~h a UeaE 8 I ~ ~ S~ ~ wor~n~ enviro~enL ' Landfill hours: ~ngHsh ' ~ ~-800-728-6372 .. a,m. - 4 p,m. Frid~; 8 a.m.- 12 p.m, aturday V~]ey Ask for John Gretter ~.~~:;:~~~:~ Well & Pump Bill and . generated each year in Iowa:'~P~i~ coupon- todayl San i Van Dee Yes. I want to ~now ~re'~ ~ ~r~ ~ ~ ~ proof mp tire nehing Name: '::?~" "' ' ~: ': '~,~ " · --~- ...., North , Ford-Mercu~ Ad~e~: "%"" ~':~' "~":"'' '::~' ' " ' ~il I0: ~t~n~ ~ ~cil of ~e~en~, English H~. 92 ~t & AirpoR Roac 10SThiffi S~LS~ S~e ~.Mr ~, APPENDIX F UPDATE OF RECYCLING OPPORTUNITIES IN THE ECICOG SOLID WASTE PLANNING AREA Recycling Opportunities in the ECICOG Solid Waste Planning Area January 2000 .r~ Landfill 319-454-6392 + + + C 1,2 + + + + + + + + + Atkins Drop-Off + + + + + + 1-7 + + +2 + Belle Plaine Drop-Off + + + + + + 1-7 + + +2 Blairstown Drop-Off + + + + 2 + + +~ Garrison Drop-Off + + + + 1,2 + Keystone Drop-Off + + + + + 1,2 + +2 Luzerne Drop-Off + + + + + + 1-7 + + Mt. Auburn Drop-Off + + 1-7 + + Newhall Drop-Off + + + + + + 1-7 + +t Norway Drop-Off + + + + + + I -7 + + + t Shellsburg Drop-Off + + + + + + 1-7 + + +~ Urbana Drop-Off + + + + + + 1-7 + +~ Van Home Drop-Off + C 1-7 + +2 Vinton Drop-Off + C 1,2 + + Walford Drop-Off + + + 1-7 +t C - only clear glass accepted Note i _ yard waste deposited at landfill compost facility Note 2. yard waste deposited at city owned compost facility Note 3. yard waste deposited at privately owned compost facility IowaCounty :"" """ .'~: "' · ":. . :'. ::i::' ... . .... .:.:.. :. . .:. .. :.:.. : Landfill 319-628-4943 + + + Ladora Access to drop-off + + + + + + 1-6 + + in Marengo Marengo Drop-Off / monthly + + + + + 1-6 + + + Millersburg Curbside/wldy + + + + + + 1,2 + + +3 + North English Curbside/wkly & +3 Drop-Off + + + + + + 1,2 + + Parnell Curbside/wkly + C 1,2 + Williamsburg Curbside/wkly + + + 1,2 + + +3 + C - only clear glass accepted Note ~ - yard waste deposited at landfill compost facility Note 2. yard waste deposited at city owned compost facility Note 3 _ yard waste deposited at privately owned compost facility Program Offered ~dfill 3 19-356-5185 + + + Cor~ville C~bsid~wkly & + + + + + C 1-7 + + + + ~o~off Hills Cu~sid~wMy + + + + + C 1-7 + + +~ + Iowa City Cu~sid~wMy + + + C 1,2 + +s + Iowa City con't DroFoff + + + + + + 1,2 + + + ~nc Tree Cu~sidc/wMy + + + + + + 1,2 + +~ + No~ Libe~y Cu~sid~wMy + + + + + + 1-7 + + +~ + Oxford Cu~side/wMy + + + + + 1-7 + + + Shucyville C~side/wMy + C 1-7 + + Solon Cu~sid~wMy + + + + + + 1-7 + + +~ + Swisher Curbsidc/wMy + + + + + + 1-7 + + +2 + Tiffin Curbsid~wMy + + + + + C 1-7 + + + ~ + U~v. Heights Curbside/wkly & ~o~off + + + + + C 1-7 + + +~ + Riverside Cu~sid~wMy + + + + + + 1-7 + + +~ + KMona Cubside/wHy + + + + + + 1-7 + + + +3 + C - only cle~ gl~s accepted Note ~ - y~d w~te deCsited at 1~11 com~st facility Note 2 _ y~d waste deCsited at city o~ed com~st hcHity Note 3. y~d waste deposited at privately o~ed com~st hcili~ Program Offered Z ~dfill 319462-3898 + + + + + + 1-7 + + + + + + + An~osa C~sid~w~y + + + + + + 1-7 + . + Center Junction Cu~sidaw~y + + + + + C 1-7 + + Mmelle C~sidaw~y + + + + + 1-7 + + Monticello C~bsid~i-wk + + + + + + 1-7 + + + + +3 + Morley C~sidaw~y + + + + + C 1-7 + + Olin C~sidaw~y + + + + + + +2 Onslow C~sidaw~y + + + + + C 1-7 + + Oxford Junction C~sidaw~y + + + + + 1,2 + + +2 Wyo~ng C~sidaw~y + + + + + + 1-7 + + C - o~y cle~ ~s ac~pted Note ~ - y~d w~te de~sited at 1~11 com~st facility Note 2 _ y~d w~te de~sited at ci~ o~ed com~st fac~ity Note a - y~d w~te de~sited at ~vately o~ed com~st facility Program Offered Linn County Bluestem ~1 319-398-51~ + + + + + Bluestem ~ 319-377-fi290 + + + + + + 1-7 + + + + + + + Albume~ C~side/wkly + + + + + + 1-7 + + + Beam Curbsidamon~y + + + + + + 1-7 + + Ced~ Rapids Cu~sidaw~y + + + + + + 1-7 + + CR con't ~opoff + + + + + + 1-7 + + + Center Point Cu~sidaw~y + + + + + + 1-7 + + Cen~ City Curbside~i-wk + + + + + + 1-7 + + Coggon C~bsid~i-wk + + + + + + 1-7 + + Ely Cu~sidaw~y + + + + + + 1-7 + + F~g Cu~sidawEy + + + + + 1-7 + Hiawa~a Cu~sidaw~y + + + + + + 1-7 + + Lisbon Curbside/w~y + + + + + + 1-7 + + + M~on Curbsidaw~y + + + + + 1-7 + + M~on con't Drop-off + + + + + + 1-7 + + + Mr. Vernon Curbsidaw~y + + + + + + 1-7 + + + Palo Cu~side/w~y + + + + + + 1-7 + + ~ai~eburg Curbside~i-wk + + + + + + 1-7 + + Robins Curbside/w~y + + 1-7 + + Spfingville Curbside~i-wk + + + + + + 1-7 + + W~er Curbside/wkly + + + + + + 1-7 + + Note ~ - y~d waste de~sited at l~dfill com~st hcility Note 3, y~d waste deposited at privately owned Note 2, y~d waste deposited at city owned com~st hcflity Program Offered ;~ ~ ~ 0 0 ~ ~. ~- ~ ~ ~ 0 .< ~ ~ ~ ~ ~d~ll 51J-~84-5~ I + + + 1-5+7 + + + + + + + + Chelsea ~Off + + + 1-5 & 7 + Clutier ~o~Off + + C 1-7 + +~ Dys~ Curbsid~i-wk + + + + + + 1-7 + + +~ Dysm con't ~o~Off + + + 1-7 + Elberon ~o~Off + + C 1-7 + G~ ~o~Off & + + 1-7 + C~sid~w~y Gla~r~k Dro~Off + + C 2 + +~ Lincoln ~o?Off & + + + 1,2 + + C~sid~w~y Monto~ ~o~Off + + + 1-7 + Tma ~o~Off + + + C 2 + Subscription on't . + C 2 + Tma c C~bs~de Toledo ~o~Off & + + C 1-7 C~sid~w~y Traer ~o~Off + + + + 1-7 + +~ Vining ~o~Off + + C 1-7 + C - o~y cle~ gl~s accepted ~- ~d Note y w~te de~sited at l~dfill compost facility Note ~ - y~d waste deCsited at ci~ owned com~st facility Note ~ - y~d w~te de~sited at ~vately owned com~st facility APPENDIX G RESIDENTIAL RECYCLING DROP-OFF FACILITIES IN THE ECICOG SOLID WASTE PLANNING AREA Residential Recycling Drop-off Facilities in the ECICOG Solid Waste Planning Area JDrop-off }Location }Service Area JAvaliability Contact Person Phone Benton - Drop-off serviced by county landfill. Sites provided and maintained by cities. Approximate FY99 cost $83,000. Atkins Maintenance building Area residents 24 hours a day City Clerk Belle Plaine (2) Food Pride and K & H Grocery parking Area residents 24 hours a day City Clerk lots Blairstown Maintenance building Area residents 24 hours a day City Clerk Garrison Maintenance building Area residents 24 hours a day City Clerk Keystone City parking lot Area residents 24 hours a day City Clerk Luzerne Elevator lot Area residents 24 hours a day City Clerk Mt. Auburn Maintenance building Area residents 24 hours a day City Clerk Newhall Maintenance building Area residents 24 hours a day City Clerk Norway Maintenance building Area residents 24 hours a day City Clerk Shellsburg Maintenance building Area residents 24 hours a day City Clerk Urbana Maintenance building Area residents 24 hours a day City Clerk Van Horne Behind city office Area residents 24 hours a day City Clerk Vinton (2) Food Pride parking lot & 4th Street city Area residents 24 hours a day City Clerk lot Walford Walford Elevator Area residents 24 hours a day City Clerk Watkins Fire station Area residents 24 hours a day City Clerk Iowa - Monthly collection In Marengo sponsored by landfill. Approximate FY99 cost $3,000. Marengo Volunteer Farm &Home parking lot Marengo area 2nd Saturday each month Rick Heller 319-628-440' Recycling Program residents (organized/staffed by co. landfill/volunteers) Ron Cox Sanitation & 2226 335th Street, North English North English area During business hours Ron Cox 800-504-906~ Recycling residents Amana Appliances Amana Appliances parking lot, Middle Amana Appliances 24 hours day Recycling 31 9-622-819' Recycling Collection Amana employees and Amana Message Center Program Colonies residents Johnson - Except for Coralville site, city landfill services drop-offs. Approximate FY99 cost $100,000 to Iowa City Landfill. City Carton 3 East Benton, Iowa City Johnson Co. residents 24 hours a day Andy Ockenfels 31 9-351-284~ Hy-Vee Food Store North Dodge location in Iowa City Johnson Co. residents 24 hours a day Eastdale Mall 1 st Avenue, Iowa City Johnson Co. residents 24 hours a day Sycamore Mall Highway 6, Iowa City Johnson Co. residents 24 hours a day Johnson County 110 Seventh Street, Coralville Coralville residents Drop-off open 7:00 to 3:30 Mon.-Fri. Scott 31 9-338-562~ Recycling Center Appendix G Updated January 2000 IDrop-off }Location Service Area Availability Contact Person Phone Number Jones - Approximate FY99 cost $5,000. Jones County Landfill 13859 Edinburgh Road Jones County residents Landfill hours: Mon.-Fri. 9:00 a.m.- Leonard Brokens 319-462-389E 3:00 p.m. and Sat. 9:00 a.m.-4:00 p.m. ,.. Linn - Approximate FY99 costs for four public sites $440,000. Bluestem Site #1 2250 A Street SW, Cedar Rapids Linn County Landfill hours: Mon.- Fri. 7:30 a.m. - Bluestem Site #1 319-398-516(: 4:30 p.m. and Sat. 8:00 a.m. - 2:00 p.m. Bluestem Site #2 1954 County Home Road, Marion Linn County Landfill hours: Mon.- Fri. 7:30 a.m. - Bluestem Site #2 319-377-529(: 4:30 p.m. and Sat. 8:00 a.m. - 2:00 p.m. Sixth Street Recycling 1201 Sixth Street SW, Cedar Rapids Cedar Rapids Tues. - Sat. 8:00 - 4:00 Mark Jones 319-286-589; Center Marion Drop-off Public Works Bldg., 195 35th Street, Marion garbage fee Tues. Noon - 8:15 p.m., Thurs. 7:00 Marion Public 319-377-636; Marion paying customers only a.m. - 3:15 p.m., and Sat. 8:00 a.m. Service 4:15 p.m. City Carton Company 901 Ingleside Drive SW, Cedar Rapids Cedar Rapids Newspaper & plastic #1-#2 accepted Ken Meyer or 319-362-871, Drop-off anytime. Corrugated cardboard Gary Spellerberg accepted Mon.-Fri. 7AM - 5PM Tama - Drop-offs serviced by private hauler; funded by county landfill. Sites provided and maintained by cities. Approximate FY99 cost $20,000. Tama County Landfill 2872 K Avenue, Toledo Tama County residents Landfill hours: Mon.-Sat. 7:30 a.m.- Duane Leek 51 5-484-506 3:30 p.m. Chelsea South of RR on %/18 Area residents 24 hours a day City Clerk · Clutier Third Street east of Main Area residents 24 hours a day City Clerk Dysart Estelle Street west of Main Area residents 24 hours a day City Clerk Elberon West end of 2nd Street Area residents 24 hours a day City Clerk Carwin East end of Main Street Area residents 24 hours a day City Clerk Galdbrook East of County Road Department site Area residents 24 hours a day City Clerk Lincoln By the water tower Area residents 24 hours a day City Clerk Montour Main Street Area residents 24 hours a day City Clerk Tama Civic Center Area residents 24 hours a day City Clerk Toledo North West Street Area residents 24 hours a day City Clerk Traer County Road Department site Area residents 24 hours a day City Clerk Vining . Main Street Area residents 24 hours a day City Clerk ~ Appendix G Updated January 2000 APPENDIX H SOLID WASTE ABATEMENT TABLES: BENTON IOWA JOHNSON JONES LINN TAMA FISCAL YEAR Fy94 Fy94 Fy94 Fy94 Fy94 Fy94 Fy94 Fy95 Fy96 Fy97 Fy98 Fy99 1 ) POPULATION 23,669 23,861 23,861 23,861 23,861 23,861 23,861 24,347 24,708 25,001 25,4i 8 25,418 % Change from FY94 2% 4% 5% 7% 7% 2) SOLID WASTE 14,223 14,223 14,223 14,223 14,223 14,223 14,223 8,663 8,500 9,284 9,412 10,263 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 14,223 14,223 14,223 14,223 14,223 14,223 14,223 8,663 8,500 9,284 9,412 10,263 GENERATION (tons) 7) PER CAPITA SOLID 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.36 0.34 0.37 0.37 0.40 WASTE GENERATION RATE (tons) 8) 1994 PER CAPITA SOLI[ 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION 0.00% 0.80% 0.80% 0.80% 0.80% 0.80% 0.80% 40.79% 42.75% 38.20% 38.38% 32.81% RECYCLING PER CAPITA Note - The IDNR letter of July 11, 1995 (included in Appendix H), allows Benton County to use 1994 as the baseline. The FY94 column is repeated to maintain the spreadsheet and correctly calculate the regional figures. The FY94 solid waste landfilled and stockpiled figure includes the following; 529 tons of recycled material from drop-off, 504 tons of shingles, 250 tons of metals, 200 tons of tires, 764 tons of waste pallets and C&D wood waste, and 671.61 tons of recycled material from commercial/industrial sources. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 FISCAL YEAR Fy88 Fy89 Fy90 Fy91 Fy92 Fy93 Fy94 Fy95 Fy96 F,y97 Fy98 Fy99 1) POPULATION 13,718 13,686 13,788 13,909 13,928 14,040 14,116 14,327 14,524 14,644 14,711, 14,711 % Change from FY89 0% 1% 1% 2% 2% 3% 4% 6% 7% 7% 7% 2) SOLID WASTE 10,117 11,252 9,404 9,101 7,232 8,729 8,651 8,524 9,548 8,570 8,346 10,312 LANDFILLED AND 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 10,117 11,252 9,404 9,101 7,232 8,729 8,651 8,524 9,548 8,570 8,346 10,312 GENERATION (tons) 7) PER CAPITA SOLID 0.74 0.82 0.68 0.65 0.52 0,62 0.61 0.59 0.66 0.59 0.57 0.70 WASTE GENERATION RATE (tons) 8) 1988 PER CAPITA SOLII' 0.74 0.74 0.74 0.74 0.74 0.74 0.74 0.74 0.74 0.74 0.74 0.74 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION 0.00% -11.48% 7.52% 11.28% 29.59% 15.70% 16.90% 19.33% 10.86% 20.65% 23.07% 4.95% RECYCLING PER CAPITA Note - The population figure for Iowa County does not include the City of Victor. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 FISCAL YEAR Fy88 Fy89 Fy90 Fy91 Fy92 Fy93 Fy94 Fy95 Fy96 Fy97 Fy98 Fy99 1) POPULATION 95,320 97,145 98,885 99,535 100,874 101,867 103,361 104,209 104,533 105,115 105,928 105,928 % Change from FY89 2% 4% 4% 6% 7% 8% 9% 10% 10% 11% 11% 2) SOLID WASTE 106,235 102,697 92,632 78,041 75,204 77,459 80,256 80,655 74,598 76,831 88,834 74,281 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 106,235 102,697 92,632 78,041 75,204 77,459 80,256 80,655 74,598 76,831 88,834 74,281 GENERATION (tons) 7) PER CAPITA SOLID 1.11 1.06 0.94 0.78 0.75 0.76 0.78 0.77 0.71 0.73 0.84 0.70 WASTE GENERATION RATE (tons) 8) 1988 PER CAPITA SOLE 1.11 1.11 1.11 1.11 1.11 1.11 1.11 1.11 1.11 1.11 1.11 1.11 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION 0.00% 5.15% 15.95% 29.65% 33.11% 31.77% 30.33% 30.55% 35.97% 34.42% 24.75% 37.08%~ RECYCLING PER CAPITA Note - The population for the Iowa City area includes Johnson County as well as Riverside and Kalona in Washington County. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 FISCAL YEAR Fy88 Fy89 Fy90 Fy91 Fy92 Fy93 Fy94 Fy95 Fy96 Fy97 Fy98 Fy99 1 ) POPULATION 19, 140 19,390 19,444 19,568 19,748 19,839 19,962 20,353 20,323 20,274 20,349 20,349 % Change from FY89 1% 2% 2% 3% 4% 4% 6% 6% 6% 6% 6% 2) SOLID WASTE 13,125 12,443 12,646 10,147 8,067 8,036 6,120 7,726 8,013 8,719 9,313 9,456 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 13,125 12,443 12,646 10,147 8,067 8,036 6,120. 7,726 8,01 3 8,719 9,313 9,456 GENERATION (tons) 7) PER CAPITA SOLID 0.69 0.64 0.65 0.52 0.41 0.41 0.31 0.38 0.39 0.43 0.46 0.46 WASTE GENERATION RATE (tons) 8) 1988 PER CAPITA SOLI[ 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION 0.00% 6.42% 5.16% 24.38% 40.43% 40.93% 55.29% 44.64% 42.50% 37.29% 33.26% 32.23% RECYCLING PER CAPITA Note - The Fy88-Fy93 solid waste generation figures for Jones County have been increased by 105.9%. This adjustment was made because dual record keeping indicated an under-estimation of solid waste generation averaging 105.9%. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 SOLIDiWASTE ABATEME~NTTABLE:~FOR~!BLU;ESTEMSiTES:I!iAND2 ::: i:i:i:;,; .::! .:;i?i:~ ~:;::==,~ i::!;;::! :;:::=::!: , FISCAL YEAR Fy88 Fy89 Fy90 Fy91 Fy92 Fy93 Fy94 Fy95 Fy9e Fy97 Fy98 Fy99 1 ) POPULATION 165,980 167,710 168,767 170,665 173, 117 175,092 176,847 179,090 179,826 181,289 182,651 182,651 % Change from FY88 1% 2% 3% 4% 5% 7% 8% 8% 9% 10% 10% 2) SOLID WASTE 253,481 242,083 285,257 236,925 194, 197 186,657 193,794 193,865 190, 103 208, 174 203,221 178,285 LANDFILLED AND STOCKPILED (tons)* 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) 5) INCINERATION AMOUNT (tons) 6) SOLID WASTE 253,481 242,083 285,257 236,925 194, 197 186,657 193,794 193,865 190, 103 208, 174 203,221 178,285 GENERATION (tons) 7) PER CAPITA SOLID 1.53 1.44 1.69 1.39 1.12 1.07 1.10 1.08 1.06 1.15 1.11 0.98 WASTE GENERATION RATE (tons) 8) 1988 PER CAPITA SOLIE 1.53 1.53 1.53 1.53 1.53 1.53 1.53 1.53 1.53 1.53 1.53 1.53 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION 0.00% 5.48% -10.68% 9.10% 26.55% 30.19% 28.24% 29,12% 30.78% 24.81% 27.15% 36.08% RECYCLING PER CAPITA * Note: The Solid Waste Landfilled & Stockpiled figure includes the sludge ash tonnage landfilled by the Cedar Rapids Water Pollution Control facility from 1988 - 1995. As per the DNR, the Water Pollution Control facility has not been considered a disposal facility since 1995. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 FISCAL YEAR Fy93 Fy93 Fy93 Fy93 Fy93 Fy93 Fy94 Fyg5 Fy961 Fy97 Fy981 Fy99 1 ) POPULATION 17,606 i 7,606 17,606 17,606 17,606 17,606 17,748 i 7,755 17,653' 17,668 17,739 17,739 % Change from FY93 1% 1% 0% 0% 1% 1% 2) SOLID WASTE 13,606 13,606 13,606 13,606 13,606 13,606 10,708 10,162 9,668 = 9,620 10,938 10,839 LANDFILLED AND STOCKPILED (tons) 3) WASTE TO ENERGY AMOUNT (tons) 4) REFUSE-DERIVED FUEL (tons) i 5) INCINERATION I AMOUNT (tons) 6) SOLID WASTE 13,606 13,606 13,606 13,606 13,606 13,606 10,708 10, 162 9,668 9,620 10,938 10,839 GENERATION (tons) 7) PER CAPITA SOLID 0.77 0.77 0.77 0.77 0.77 0.77 0.60 0.57 0.55 0.54 0.62 0.61 WASTE GENERATION RATE (tons) 8) 1993 PER CAPITA SOLE 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 0.77 WASTE GENERATION RATE (tons) 9) PERCENT REDUCTION -0.05% -0.05% -0.05% -0.05% -0.05% -0.05% 21.89% 25.90% 29.10% 29.51% 20.17% 20.89% RECYCLING PER CAPITA Note - The IDNR letter of July 11, 1995 (included in Appendix H), allows Tama County to use 1993 as the baseline. The FY93 column is repeated to maintain the spreadsheet and correctly calculate the regional figures. Note - Fiscal year 1999 tonnage figures do not reflect waste generated in the region but landfilled outside the planning area. Appendix H Updated January 2000 APPENDIX I BASE-YEAR ADJUSTMENT TABLES: BENTON IOWA JOHNSON JONES LINN TAMA BASE-YEAR ADJUSTMENT METHOD REPORT TABLE OF PLANNING AREA: Benton County CURRENT YEAR (CY): Fiscal Year 1999 FACTORS ....... I TIM'~E-PERIOD & SOURCE l:Bask~ Information I 1994 Residential Waste Disposal 60% 8,533.50 FY94 Revised Calculation 2 1994 CommerciaVlndustrial Waste Disposal 40% 5,689.00 FY94 Revised Calculatjon 3 1994 Total Waste Disposal * 14,222.50 July 93-June 94 per DNR 4 CY Waste Disposal** 10,263.00 July 98-June 99 5 1994 Population 23,669 1994 Census es~mate 6 CY Population 25,418 1998 Census estimate 7 1994 Employment 5,118 July 93-June 94: st. of IA Labor Force Sum maW 8 CY Employment 11,453 July 98-June 99: st. of IA Labor Force Summary 9 1994 Taxable Sales $87,766,016 July 94-June 95: IA Retail Sales &Use Tax Report 10 CY Taxable Sales $106,705,582 Apr 97-Mar 98: IA Retail Sales &Use Tax Report 11 1994 Consumer Price Index 146.2167 July 93-June 94: cPI-u 12 CY Consumer Price Index 161.1 Apt 97 - Mar 98: CPI-U 2: CY Taxable Sales Corrected for Inflation 13 Inflation Correction Factor 0.9076145 14 CY Corrected Taxable Sales $96,847,536 3:1988 and Current Year Ratios 15 Population Ratio (PR) 1.0738941 16 Employment Ratio (ER) 2.2377882 17 Taxable Sales Ratio (TR) 1.1034742 4: Adjustment Factors 18 1994 Commercial/Industrial Adjustment Factor 1.6706312 19 1994 Residential Adjustment Factor 1.3722627 5: Adjusted 1988 Disposal Tonnages 20 1994 Adjusted Residential Waste Disposal 11,710 21 1994 Adjusted Commemial/Industrial Waste Disposal 9,504 22 1994 Adjusted Total Waste Disposal 21,214 6: Goal Progress and Reduction Percentage Results 23 CY Waste Disposal (from line #4) 10,263 24 Maximum Allowable Disposal to Attain 25 Percent Goal 15,911 25 Actual Tonnage Over (or Under) 25 Percent Goal -5,648 26 Maximum Allowable Disposal to Attain 50 Percent Goal 10,607 27 Actual Tonnage Over (or Under) 50 Percent Goal . -344 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 51.62% 29 Waste Abatement Table Reduction (Percentage) 32.81% The July 11, 1995 IDNR letter described the method in which the base years were calculated in and Tama counties. The first full and representative fiscal year of scale measurements (8,460 tons solid waste) plus any documented recycling and a 20% yard waste adjustment. The Benton County base year is FY94 and includes the following: 529 tons of recycled material from drop-off program 504 tons of shingles recycled in road surfacing projects 250 tons of metals recycled at landfill 200 tons of tires = 1 tire per person per year * 20 pounds per tire 764 tons of wood waste = extrapolation of 3 month stockpile of waste pallets and C&D waste 671 tons of recycled material from commercial and industrial sources Current year tonnage does not include waste generated in Benton Co. but landfilled outside the planning area. Appendix I, page 1 of 6 Updated January 2000 BASE-YEAR ADJUSTMENT METHOD REPORT TABLE NAME OF PLANNING AREA: Iowa County CURRENT YEAR (CY): Fiscal Year 1999 FACTORS DATA TIME-PERIOD &SOURCE STEP l: Basic information 1 1988 Residential Waste Disposal 60% 6,070.20 1988. I:"k~,onal Coml: Sohd Wastr., M,3mt Fhar~ 2 1988 Commemial/Industrial Waste Disposal 40% 4,046.80 1988: Regional Cornp. Solid Waste Mgmt Ran 3 1988 Total Waste Disposal 10,117.00 July s7-June as: 4 CY Waste Disposal * 10,312.00 July 98-June 99: 5 1988 Population (-Vk;tor) 13,718 Extrapolation of 1980 & 1990 Census data 6 CY Population (-Victor 98) 14,711 1998 census e,sljmate (victor98) 7 1988 Employment (-V'~tor) 6,784 July 87-June 88: st. ol~ IA Labor ForGe Summary 8 CY Employment (-Victor) 8,549 July 98-June 99: st. of IA Labor ForGe Summary 9 1988 Taxable Sales (-Victor) $76,502,035 July 87-June 88: IA Retail Sales &Use Tax Report 10 CY Taxable Sales (-Victor) $187,263,490 Apt 97-Mar 98: IA Retail Sales &Use Tax Report 11 1988 Consumer Price Index 115.8417 July 87-June 88: CPi-U 12 CY Consumer Price Index 161,1 Apt 97 - Mar 98: CPI-U (from DNP,/Laura Juliano) 'rEP 2: CY Taxable Sales Corrected for InflatiOn 13 Inflation Correction Factor 0.7190670 14 CY Corrected Taxable Sales $134,655,003 !'F.'P 3:1988 and Current Year Ratir~s 15 Population Ratio (PR) 1.0723866 16 Employment Ratio (ER) 1.2601710 17 Taxable Sales Ratio (TR) 1.7601493 STEP 4: Adjuatrnent Factors 18 1988 Commercial/Industrial Adjustment Factor 1.5101601 19 1988 Residential Adjustment Factor 1.2912734 STEP 5: Adjusted 1988 Disposal Tr~nnages 20 1988 Adjusted Residential Waste Disposal 7,838 21 1988 Adjusted CommerciaVIndustrial Waste Disposal 6,111 22 1988 Adjusted Total Waste Disposal 13,950 STEP 6: Goal Progress- and Reduction Percentage R .esul~s 23 CY Waste Disposal (from line #4) 10,312 24 Maximum Allowable Disposal to Attain 25 Pement Goal 10,462 25 Actual Tonnage Over (or Under) 25 Pement Goal -150 26 Maximum Allowable Disposal to Attain 50 Pement Goal 6,975 27 Actual Tonnage Over (or Under) 50 Percent Goal 3,337 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 26.08% 29 Waste Abatement Table Reduction (Percentage) 4.95% Note: The City of Victor is not included in Iowa County for solid waste planning purposes. Note: The current year tonnage figure does not include waste generated in Iowa County but landfilled outside the planning area. Appendix I, page 2 of 6 Updated January 2000 BASE-YEAR ADJUSTMENT METHOD REPORT TABLE NAME OF PLANNING AREA: Johnson County CURRENT YEAR (CY): Fiscal Year 1999 FACTORS DATA TIME-PERIOD & SOURCE STEP 1: Basic Information I 1988 Residential Waste Disposal 24.~,!.~,% 25,968.51 1988: Regional Comp. Solid Waste Mgmt Ran 2 1988 Commercial/Industrial Waste Disposal 75.5556% 80,266.49 1988: Regional Comp. Solid Waste Mgrnt Ran 3 1988 Total Waste Disposal 106,235 July 87-June 88: 4 CY Waste Disposal* 74,281.00 July 98-June 99 5 1988 Population (+Riverside & Kak~na) 95,320 Extrapolation of 1980 & 1990 Census data 6 CY Population (+Riverside 98 & KaJor~ 98 estimates) 105,928 1998 Census estimate 7 1988 Employment (+Riverside & Kalona) 51,938 July 87-June 88: St. of IA Labor Fome SummaP/ 8 CY Employment (+Riverside & Kah:~a) 65,713 July 98-June 99: St. o1' IA Labor Force Sum maP/ 9 1988 Taxable Sales (+Riverside & Kalona) $542,043,780 July 87-June 88: IA Retail Sales &Use Tax Report 10 CY Taxable Sales (+Riverside& Kalona) $957,113,846 Apr97-Mar98: IARetail Sales& Use Tax Report 11 1988 Consumer Price Index 115.8417 July 87-June 88: cPI-u 12 CY Consumer Price Index 161.1 Apr97- Mar9e: CPI-U TEP 2: CY Taxable Sales Corrected for Inflation 13 Inflation Correction Factor 0.7190670 14 CY Corrected Taxable Sales $688,229,019 STEP 3:1988 and Current Year Ratios 15 Populalion Ratio (PR) 1.1112883 16 Employment Ratio (ER) 1.2652201 17 Taxable Sales Ratio ~R) 1.2696927 STEP ;~: Adjustment Factors 18 1988 Commercial/Industnal Adjustment Factor 1.2674564 19 1988 Residential Adjustment Factor 1.1 893723 STEP 5: Adjusted 1988 Disposal Tonnages ; 20 1988 Adjusted Residential Waste Disposal 30,886 21 1988 Adjusted Commercial/Industrial Waste Disposal 101,734 22 1988 Adjusted Total Waste Disposal 132,621 STEP 6: Goal Progress and Reduction Percentage Resulis 23 CY Waste Disposal (from line #4) 74,281 24 Maximum Allowable Disposal to Attain 25 Percent Goal 99,465 25 Actual Tonnage Over (or Under) 25 Percent Goal -25,184 26 Maximum Allowable Disposal to Attain 50 Percent Goal 66,310 27 Actual Tonnage Over (or Under) 50 Percent Goal 7,971 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 43.99% 29 Waste Abatement Table Reduction (Percentage) 37.08% Note: The cities of Riverside and Kalona in Washington County are included in Johnson County for waste planning purposes. Note: Current year tonnage figure does not include waste generated in Johnson County but landfilled outside the planning area. Appendix I, page 3 of 6 Updated January 2000 BASE-YEAR ADJUSTMENT METHOD REPORT TABLE NAME OF PLANNING AREA: Jones County CURRENT YEAR (CY): Fiscal Year 1999 FACTORS DATA TIME-PERIOD & SOURCE 1: Basic Information I 1988 Residential W~ste Disposal 60% 7,875.00 1988 R~Ll~onal Cc~rnp Solid Wa,,~k: Mgrn: Ph~r' 2 1988 Commercial/industrial Waste Disposal 40% 5,250.00 1988: Regional Comp. Solid Waste Mgrnt Ran 3 1988 Total Waste Disposal* 13,125.00 July 87-June 88: 4 CY Waste Disposal** 9,456.00 July 9e-June 99: 5 1988 Population 19, 140 Extrapolation of 1980 & 1990 Census dam 6 CY Population 20,349 1998 Census estimate 7 1988 Employment 4,832 July 87-June 88: St. of IA Labor Force Summary 8 CY Employment 9,529 July 98-June 99: st. of IA Labor Force Summary 9 1988 Taxable Sales $89,788,129 July 87-June 88: IA Retail Sales & UseTax Report 10 CY Taxable Sales $117,701,695 Apt 97-Mar 98: IA Retail Sales &Use Tax Report 11 1988 Consumer Price Index 115.8417 July 87-June 88: CPI-U 12 CY Consumer Price Index 1 61.1 Apt 97 - Mar 98: CPI-U 2: CY Taxable Sales Corrected for hl#ation 13 Intlation Correction Factor 0.7190670 14 CY Corrected Taxable Sales $84,635,409 3:1988 and Current Year Ratios ..... 15 Population Ratio (PR) 1.0631661 16 Employment Ratio (ER) 1.9720613 17 Taxable Sales Ratio (TR) 0.9426125 4: Adjustment Factors 18 1988 Comrnercial./Industrial Adjustment Factor 1.4573369 19 1988 Residential Adjustment Factor 1.260251 5 5: Adjusted 1988 Disposal Tonnages 20 1988 Adjusted Residc;ntial Wasle Disposal 9,924 21 1988 Adjusted Commemial/Industrial Waste Disposal 7,651 22 1988 Adjusted Total Waste Disposal 17,575 6: Goal Progress and ReductiOn Percentage Results 23 CY Waste Disposal (from line #4) 9,456 24 Maximum Allowable Disposal to Attain 25 Percent Goal 13,182 25 Actual Tonnage Over (or Under) 25 Percent Goal -3,726 26 Maximum Allowable Disposal to Attain 50 Percent Goal 8,788 27 Actual Tonnage Over (or Under) 50 Percent Goal 668 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 46.20% 29 Waste Abatement Table Reduction (Percentage) 32.23% 1988 Total Waste Disposal includes 600 tons previously incinerated at the Iowa State Mens Reformatory. of this material (600 tons) was applied to the CommerciaVlndustrial component. Note: Current year tonnage figure does not include waste generated in Jones County but landfilled outside the planning area. Appendix I, page 4 of 6 Updated January 2000 BASE-YEAR ADJUSTMENT METHOD REPORT TABLE NAME OF PLANNING AREA: Bluestem, Sites 1 and 2; Cedar Rapids Water Treatment & Water Pollution Control CURRENT YEAR (CY): Fiscal Year 1999 2 1988 Commercial/Industrial Waste Dispose 72%+W'I'&WP 187,31 5.84 Current waste disposal pementage used by Bluestem 3 1988 Total Waste Disposal (includes WT&WP) 256,888.00 July 87-June 88 4 CY Waste Disposal* 176,285.00 July 98-June 99 5 1988 Population 165,980 Extrapolation of 1980 & 1990 Census date 6 CY Population 182,651 1998 Census estimate 7 1988 Employment 87,642 July 87-June 88: St. of IA Labor Force Summary 8 CY Employment 108,525 July 98-June 99: St. of IA Labor Force Summary 9 1988 Taxable Sales $1,329,624,883 Ju~/e7-June 88: IA Retail Sales &Use Tax Report 10 CY Taxable Sales $2,396,936,868 Apr 97-Mar 98: IA Retail Sales & Use Tax Report 11 1988 Consumer Price Index 115.6417 July 87-June 88: cPI-U 12 CY Consumer Price Index 1 61.1 Apt 97 - Mar 98: CPI-U (from DNR/Laura Juliano) 13 Inflation Correction Factor 0.7190670 14 CY Corrected Taxable Sales $1,723,558,297 STEP 3:f988 and C~.trrent Year Ratios 15 Population Ratio (PR) 1.1004398 16 Employment Ratio (ER) 1.2382762 17 Taxable Sales Ratio (TR) 1.2962741 STEP 4: Adjustment Faclors 18 1988 Commemial/Industrial Adjustment Factor 1.2672751 19 1988 Residential Adjustment Factor 1.1 838575 STEP 5: Adjusted 1988 Disposal Tonnages 20 1988 Adjusted Residential Waste Disposal 82,3G4 21 1988 Adjusted Commemial/Industrial Waste Disposal 237,381 22 1988 Adjusted Total Waste Disposal 319,744 23 CY Waste Disposal (from line #4) 178,285 24 Maximum Allowable Disposal to Attain 25 Percent Goal 239,808 25 Actual Tonnage Over (or Under) 25 Percent Goal -61,523 26 Maximum Allowable Disposal to Attain 50 Pement Goal 159,872 27 Actual Tonnage Over (or Under) 50 Percent Goal 18,413 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 44.24% 29 Waste Abatement Table Reduction (Percentage) 36.93% WT is the Cedar Rapids Water Treatment Facility and WP is the Water Pollution Control facility. Note: Current year tonnage figure does not include waste generated in Linn County but landfilled outside the planning area Appendix I, page 5 of 6 Updated January 2000 BASE-YEAR ADJUSTMENT METHOD REPORT TABLE NAME OF PLANNING AREA: Tame County CURRENT YEAR (CY): Fiscal Year 1999 FACTORS DATA TIME-PERIOD & SOURCE I 1993 Residential Waste Disposal 60% 8,163.60 FY93 Revised Calculation 2 1993 CommerciaVIndustdal Waste Disposal 40% 5,442.40 F"Y93 Revised Calculation 3 1993 Total Waste Disposal* 13,606.00 July 92-June 93 per DNR 4 CY Waste Disposal** 10,639.00 July 98- June 99 5 1993 Population 17,615 1993 census Bumate 6 CY Population 17,739 1998 census esurnate 7 1993 Employment 4,855 July 92-June 93: St. of IA Labor Force Summary 8 CY Employment 8,795 July 98 - June 99: SLof IA Labor Force Summary 9 1993 Taxable Sales $69,066,999 July 92-June 93: IA Retail Sales & Use Tax Report 10 CY Taxable Sales $83,371,971 Apt 97-Mar98: IA Retail Sales & Use Tax Report 11 1993 Consumer Price Index 142.525 July 92-June 93: cPI-u 12 CY Consumer Pdce Index 161.1 Apr97 - Mar 98: CPI-U ,~TEP 2: CY Taxable Sales Corrected for inflation 13 Inflation Correction Factor 0.8846989 14 CY Corrected Taxable Sales $73,759,095 STEP 3:1988 and Current Year Ratios 15 Population Ratio (PR) 1.0070395 16 Employment Ratio (ER) 1.81 15345 17 Taxable Sales Ratio (TR) 1.0679354 STEP 4: Adjustrnent Factors 18 1993 CommerciaVlndustrial Adjustment Factor 1.4397350 19 1993 Residential Adjustment Factor 1.2233872 STEP 5: Adjusted 1988 EJispo~a[ Tonnages 20 1993 Adjusted Residential Waste Disposal 9,987 21 1993 Adjusted CommerciaVlndustrial Waste Disposal 7,836 22 1993 Adjusted Total Waste Disposal 17,823 STEP 6: Goal Progress and Reduotion Percentage Results 23 CY Waste Disposal (from line #4) 10,839 24 Maximum Allowable Disposal to Attain 25 Pement Goal 13,367 25 Actual Tonnage Over (or Under) 25 Percent Goal -2,528 26 Maximum Allowable Disposal to Attain 50 Percent Goal 8,911 27 Actual Tonnage Over (or Under) 50 Percent Goal 1,928 28 CURRENT DISPOSAL REDUCTION (PERCENTAGE) 39,18% 29 Waste Abatement Table Reduction (Percentag;) 20.89%~ Note: The July 11, 1995, IDNR letter described the method in which the base years were calculated in Benton and Tame counties. The first full and representative fiscal year of scale measurements was used plus any documented recycling and banned materials. Tama County FY93 is the base year and the 1993 Total Waste Disposal includes 2,721 tons of yard waste as described the July 11,1995, IDNR letter. Note: Current year tonnage does not include waste generated in Tama Co. but landfilled outside the planning area. Appendix I, page 6 of 6 Updated January 2000 APPENDIX J Cedar Rapids/Linn County Solid Waste Agency: Bluestem Solid Waste Agency Plan as required for sanitary disposal projects Attachments J-1 Alternative Technology Information J-2 Bluestem Web Site J-3 Description of Service Areas from ECICOG Member Solid Waste Agencies J-4 Bluestem/Linn County Waste Composition and Generation J-5 City Carton Company Recyclables Processing Contract J-6 Special Materials Processing Contracts and/or RFP J-7 Corrugated Cardboard Ban Materials J-8 Outreach Investment Program Materials J-9 Cedar Rapids Schools Eco-house Materials J-10 Composting: Updated Cost Information J-11 The Landfill Link J-12 Combustion with Energy Recovery J-13 Land Disposal Options: Assumptions and Cost Analyses J-14 Integrated Waste Management Budget FY2001 ATTACHMENT J-1 ALTERNATIVE TECHNOLOGY INFORMATION · Factsheets Provided to the Focus Group and General Public · "Responses to Questions and Comments Related to Bluestem's Local Siting Approval Application" ATTACHMENT J-2 BLUESTEM WEB SITE ATTACHMENT J-3 DESCRIPTION OF SERVICE AREAS FROM ECICOG MEMBER SOLID WASTE AGENCIES ATTACHMENT J-4 BLUESTEM/LINN COUNTY WASTE COMPOSITION AND GENERATION ATTACHMENT J-5 CITY.CARTON COMPANY RECYCLABLES PROCESSING CONTRACT ATTACHMENT J-6 SPECIAL MATERIALS PROCESSING CONTRACTS AND/OR RFP · White Goods Processing Contract · Scrap Tire Processing Contract · Computer Processing Request for Proposal ATTACHMENT J-7 CORRUGATED CARDBOARD BAN MATERIALS · Factsheet · Promotional Mailings · Magnet · Information From Web Site ATTACHMENT J-8 OUTREACH INVESTMENT PROGRAM MATERIALS Application · Summaries of Past Funding Rounds ATTACHMENT J-9 CEDAR RAPIDS SCHOOLS ECO-HOUSE MATERIALS · Introductory Brochure · Handout ATTACHMENT J-10 COMPOSTING: UPDATED COST INFORMATION ATTACHMENT J-11 THE LANDFILL LINK ATTACHMENT J-12 COMBUSTION WITH ENERGY RECOVERY ATTACHMENT J-13 LAND DISPOSAL OPTIONS: ASSUMPTIONS AND COST ANALYSES ATTACHMENT J-14 INTEGRATED WASTE MANAGEMENT BUDGET FY2001 Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-].77 RESOLUTION OI= INTENT TO CONVEY 1512 DICKINSON LANE AND SETTING A PUBLIC HEARING FOR JUNE 13, 2000. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving a Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing oppodunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, on February 15, 2000, the City Council authorized the reinvestment of such proceeds for the construction and acquisition of an environmentally-friendly single family home at 1512 Dickinson Lane, under Resolution No. 00-63; and; WHEREAS, the City has received an offer to purchase 1512 Dickinson Lane from a family who is at or below 80% of median income; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, the sale is conditioned on the family receiving a real estate loan from a local financial institution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey its interest in 1512 Dickinson Lane, legally described as Lot 81, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa, for the sum of $147,000.00. 2. The public hearing on said proposal should be and is hereby set for June 13, 2000, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of the public hearing to be published as provided by law. Passed and approved this 16th day of May ~000. ATTEST: ' "'7~. ~2-L4 -j orn~y's Office ~:'''/~ ' 69 0 Dennis'lha~adhop~lotB1 Ires of intent.doc Resolution No. 00-177 Page 2 It was moved by Vander'hoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum 17 Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLU ON OF INTENT TO CONVEY 1512 DICKINS~ LANE AND SETTING A ty of Iowa City as the Iowa City Housing Authority; and WHEREAS, on Se ber 14, 1993, the City Cou considered and passed Resolution No. 93-255 approving a ~n 5(h) implementing ac. for the conversion of public housing to private ownership, as the ~p program; and WHEREAS, under this a the pro, from such sales must be used to expand affordable housing n Iowa Cit and WHEREAS, on February 15, City Council authorized the reinvestment of such proceeds for the construction and of an environmentally-friendly single family home at 1512 Dickinson Lane, under Resol No. 00-63; and; WHEREAS, the City has received purchase 1512 Dickinson Lane from a family who is at or below 80% of median and WHEREAS, this sale would p~ the o for a low-income family to obtain ownership of their own home; and WHEREAS, the sale is on the family .3eiving a real estate loan from a local financial institution. NOW, THEREFORE IT HEREBY RESOLVED BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. The City C does hereby declare its intent to its interest in 1512 Dickinson Lane, leg! described as Lot 81, South Pointe Part 5, Iowa City, Iowa, accordin the plat thereof recorded in Book 33, Page 2, Plat Records of Johnson County, for the sum of $147,000.00. 2. The hearing on said proposal should be and is et for June 13, 2000, at 7:00 ..m. in the Council Chambers of the Civic Center, 410 ast Washington Street, 3ity, Iowa, or if said meeting is cancelled, at the next of the City Council the~ as posted by the City Clerk. The City Clerk is hereby ;cted to cause notice of public hearing to be published as provided by law. Passed ~nd approved this day of ,2000. MAYOR ATTEST: ~2 -~)'~L ~"/O -- lP C1 CITY CLERK City Attorney's Office dennislhalphaladhopllot811res of intent.doc 05-16-00 18 Council Member Pfab introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, Pfab, O'Donnell NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-178 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $12,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereina~er described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections fi'om any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7: 00 o'clock p.M., on the 13 t h day of 0 u n e ,2000, for the purpose of taking action on the matter of the issuance of $12,000,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to streets, sidewalks and public ways and of facilities useful for the collection and disposal of surface waters and streams; the rehabilitation, improvement and equipping of existing city parks; the reconstruction, extension and improvement of the Municipal Airport; the improvement of real estate for cemeteries and the construction and reconstruction of other cemetery facilities and the equipping of the Fire Department. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $12,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 13th day of June, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $12,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to streets, sidewalks and public ways and of facilities useful for the collection and disposal of surface waters and streams; the rehabilitation, improvement and equipping of existing city parks; the reconstruction, extension and improvement of the Municipal Airport; the improvement of real estate for cemeteries and the construction and reconstruction of other cemetery facilities and the equipping of the Fire Department. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 16th day of r4ay ,2000. (End of Notice) PASSED AND APPROVED this 16th day of May .2000. ATTEST: -5- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $12,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL .~CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON ~,HE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold " ' ' day of ,2000, at . meeting the CounCil proposes to take additional action for the issuance of $12,000,5)00 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing f/ improvements to streets, idewalks and public ways and of facilities use~7~o!r the f. ; · , . . ~ ' , ~. At the above meeting the il shall receive written objections from any resident or property owner of said the above Atter all objections have been received and considered, the meeting or at any adjournment thereof, take additional action for the ' or will abandon the proposal to issue said bonds. This notice is given by order f Iowa City, Iowa, as provided by Section 384.25 of the City Code Dated this day o , City Clerk of Iowa City, (End of Notice) -4- Council Member Pfab introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, A'~rES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-179 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafier described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -18- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7: 00 fielock _p_.M., on the 13 th day of ,1 u no. ,2000, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs oft he construction of an addition to the Civic Center and renovation of existing portions thereof and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -19- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 13th day of June, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City,' Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the construction of an addition to the Civic Center and renovation of existing portions thereof. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 16th day of May ,2000. Ci~lerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 16th day of May ,2000. ' ~ayor ATTEST: PGOODRICHX232779\l \I 0714056 -21- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL ' OBLIGATION BONDS (FOR A GENERAL CORPORATE AND HEARING ON ISSUANCE OF SAID BONDS POblic Notice is hereby given that the Council of the City Iowa, will \ . , · 1 Chamber i Center, Iowa at which meeting the b_~ouncil proposes to take action for the issuance ofto exceed $700,000 \ of General Obligation Bonds, bearing interest at the rateto exceed 9 per cenmm per annum, said Bonds to be issued for the purpose funds to pay costs of the construction of an addition to the Civic Center ion of existing portions thereof. This Notice is given by order of the of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code owa. At any time before the date of said a petition, asking that the question of issuing such bonds be submitted to the voters of said City, may be filed with the Clerk of said City in the manner d by Section 362.4 of the City Code of Iowa, pursuant to the provisions 84.26 of the City Code of Iowa· Dated at Iowa City, day of ,2000. City Clerk of Iowa City, Iowa (End of Nonce) \ \ \ Council Member 0'Donnel 1 introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $330,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Pfab seconded the motion to adopt. The roll was called and the vote was, AYES: Champion. Kanner. Lehman. 0'Donnell. Pfab. Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-180 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $330,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $330,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -14- NOW, THEEFOE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7: 00 o'clock p.M., on the 13 th day of dune ,2000, for the purpose of taking action on the matter of the issuance of not to exceed $330,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the enlargement, improvement and equipping of a Parks Maintenance Facility and shall bear interest at a i'ate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -15- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $330,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 13th da.y of June, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $330,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centurn per annum, said bonds to be issued for the purpose of providing funds to pay costs of the enlargement, improvement and equipping of a Parks Maintenance Facility. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 16th day of May ,2000. C~rk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 16th day of ~!ay .2000. ATTEST: -17- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $330,000 PRINCIPAL AMOUNT OF O IGATION BONDS (FOR A GENERAL CORPORATE ), A ARING ON ISSUANCE OF SAID BONDS hold a 000, 0,000 \ enlargement, improvement altd equipping of a Maintenance Facility. \ This Notice is given by of the of the City of Iowa City, Iowa, as provided by Section 384.26 At any time before the date a petition, asking that the question of issuing such bonds be submitted to voters of said City, may be filed with the Clerk of said City in the manner by Section 362.4 of the City Code of Iowa, pursuant to the provisions of the City Code of Iowa. Dated at Iowa City, day of ,2000. City ,f Iowa City, Iowa / (End of Notice) / -16- 05-16-00 21 Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $580,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Pfab seconded the motion to adopt. The roll was called and the vote was, AYES: Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion NAYS: Nnna Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-181 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $580,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafier described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $580,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock.E_.M., onthe 13th day of dune ,2000, for the purpose of taking action on the matter of the issuance of not to exceed $580,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the development, construction, improvement and equipping of new or undeveloped city parks; roof repair, improvements to the Civic Center; the purchase of computer equipment for City buildings; the acquisition of art for public buildings and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public heating on the 13th day of June, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City} Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition, enlargement, improvement and equipping of a Public Works Complex. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 16th day of May ,2000. City Clerk of Iowa City, Iowa (End of Notice) PASSED A3qD AI>PROVED this 16th day of May .2000. ATTEST: -9- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $580,000 PRINCIPAL AMOUNT OF GENERAL OBLIi BONDS (FOR A GENERAL CORPORATE PURPOSE), AND ON ISSUANCE OF SAID BONDS is hereby given that the Council of the City of IowaIowa, will hold a public he~ on the day of ,2000, at o'clock __.M., in the Chambers, Civic Center, Iowa City, Iowa, at .g the Council proposes to action for the issuance of not to exceed $5 000 of General Obligation Bonds, be~ interest at the rate of not to exceed 9 centum per annum, said bonds to be issuedthe purpose of providing funds to p costs of the development, improvement and equipping or undeveloped city parks; roof repair, to the Civic Center; the of computer equipment for City buildings acquisition of art for buildings. This Notice is given by of the Council City of Iowa City, Iowa, as provided by Section 384.26 ity Code of I~ At any time before the date of a petition, asking that the question of issuing such bonds be submitted to the voters of said City, may be filed with the Clerk of said City in the manner Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 3 of the City Code of Iowa. Dated at Iowa City, Iowa, ~/s day of ,2000. / / / / City Clerk 'Iowa City, Iowa ;' (End of Notice) -8- Council Member Pfab introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Kanner NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-182 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 3 84 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -10- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7: 00 o'clock p .M., on the 13th day of dune ,2000, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, enlargement, improvement and equipping of a Public Works Complex and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $580,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 13th day of June, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City,' Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $580,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the development, construction, improvement and equipping of new or undeveloped city parks; roof repair, improvements to the Civic Center; the purchase of computer equipment for City buildings; the acquisition of art for public buildings. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this l~ th day of May ,2000. ~2~t~..-,~.~ TM{~- ~4.4 ~-~ Cit~lerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 16th day of May .2000. Mayor ATTEST: -13- NOTII OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, ] ON THE MATTER OF THE PROPOSED ISSUANCE NOT $700,000 PRINCIPAL AMOUNT OF BONDS (FOR A GENERAL CORPORATE PURP AND ON ISSUANCE OF SAID BONDS Public is hereby given that the Council of the City of]City, Iowa, will hold a public the day of at o'clock .M., in the Chambers, Civic Center, at which meeting the Council oses to take action for the issuance o:exceed $700,000 of General Obligation Bc bearing interest at the rate exceed 9 per centum per annum, said bonds to issued for the purpose funds to pay costs of the acquisition, enlargement, and equipping o Public Works Complex. This Notice is given by of the Council City of Iowa City, Iowa, as provided by Section 384.26 City Code At any time before the date'said a petition, asking that the question of issuing such bonds be submitted to of said City, may be filed with the Clerk of said City in the manner 362.4 of the City Code of Iowa, pursuant to the provisions of Section 31of the City Code of Iowa. Dated at Iowa City, Iowa, this day of ,2000. City of Iowa City, Iowa / (End of Notice) / / / / -12- DEFEATED 12:si~,° Prepared by: Eleanor Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. RESOLUTION ADOPTING INITIATIVE DELETING THE GRADING AND PAVING OF THE FIRST AVENUE EXTENSION FROM THE CAPITAL IMPROVEMENT PROGRAM. WHEREAS, pursuant to Resolution No. 00-84, passed and adopted on March 7, 2000, the City Council adopted the Multi-Year Capital Improvement Program ("CIP") for fiscal years 2001 through 2004; and WHEREAS, said CIP provides for the grading of the First Avenue Extension in fiscal year 2002 and paving of the First Avenue Extension in Fiscal Year 2003; and WHEREAS, on April 15, 2000, an affidavit to commence initiative proceedings was filed with the City Clerk initiating a petition to delete the grading and paving for the First Avenue Extension from the CIP; and WHEREAS, a supplemental initiative petition was presented to the City Clerk on May 1, and certified sufficient on May 1, which certificate of sufficiency was accepted by the City Council at its meeting on May 2, 2000; and WHEREAS, the City Council desires to adopt said initiative resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The grading and paving for the First Avenue Extension shall be deleted from the Iowa City Capital Improvements Program. Passed and approved this day of ,20 MAYOR Approv~)~, C~ ,..f"'o/it ATTEST: CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wil burn eleanor\res\l staveex.doc City of Iowa City MEMORANDUM Date: May 8, 2000 To: Mayor and City Council From: Marian K. Karr, City Clerk ~ Re: Initiative Petition Process On April 4 an Affidavit to Commence Initiative Proceedin.qs was filed in the City Clerk's office by Jean McCollister and Betty McCollister. According to the City Charter petitions must contain a required number of qualified electors (persons residing in Iowa City who are registered to vote) which represents twenty-five percent of the number of persons who voted in the last regular election but no fewer than 2,500. The number of signatures required for this petition is 2,500. After a review of the language of the measure filed the City Attorney issued a memo on April 5th indicating the question is not an allowable subject of an initiative. A meeting was held later that same day with Jean McCollister, David Purdy, Dan Coleman, the City Attorney and City Clerk. As a result of that meeting Jean McCollister changed the language of the measure and filed a revised Affidavit to Commence Initiative Proceedings. The revised language was reviewed and accepted by the City Attorney. On Friday, April 21, Jean McCollister filed petitions containing 2,620 signatures. Each petition must have attached an Affidavit of Circulator executed which states that the attached petition was circulated by that person, each signature signed in their presence, and that each person had the opportunity to read the full text of the proposed ordinance prior to signing the petition. (A blank Affidavit of Circulator is attached.) After noting that some of the petitions did not have the proposed ordinance attached, Ms. McCollister decided not to file until all submissions were in proper form. At noon on April 21st, Ms. McCollister returned with the petitions, affidavits and ordinances in order. A telephone request was made to the County Elections Office for a current voter list. The City Clerk phoned the Elections Office at 8:00 AM on Monday and was told the list was ready for pick-up. Upon arrival at the Elections Office the City Clerk discovered the voter list was printed without a birthdate and was refused. The Elections Office notified the Clerk that the revised list was ready for pick-up at 2:00 PM the same day. After picking up the voter list at 2:20 PM, each affidavit was checked to verify that the circulator was a qualified elector and then each petition name/signature checked against the current voter rolls which contain approximately 44,500 names. Two affidavits were signed by individuals (Jean McCollister and Elizabeth Hill) whose name appeared on the voter rolls but the address did not match therefore we were unable to determine it was the same person without further information. Ms. McCollister was contacted and she verified her affidavit using her birthdate, and indicated she would try and obtain information from Ms. Hill. No information was received from Ms. McCollister or Ms. Hill and Ms. Hill's submission of 15 signatures was not counted. A total of 70 hours of staff review resulted in a total of 1,748 names verified as qualified electors. (Short 752 of the required 2,500) A Certificate of Insufficiency was sent registered mail on April 26. Ms. McCollister filed a Notice to Amend on April 28. On May 1 Ms. McCollister filed supplemental petitions containing 2,020 additional signatures. A new updated voter registration roll was ordered (individuals who had registered between the printing of the first voter registration list and the submission of supplemental petitions). Again each Affidavit of Circulator was checked to verify that the Circulator was a qualified elector, checked against the first voter registration list for duplicates, and then checked against the updated voter roll containing over 200 recently registered voters. An additional 33 hours of staff review verified 1,066 signatures bringing the total to 2,814. Not all submitted petitions were processed because the necessary total of 2,814 exceeded the required 2,500. I issued a Certificate of Sufficiency on May 2, 2000. Attachment: Affidavit of Circulator (blank) Certificate of Sufficiency (completed) clerk\memos\certif. doc AFFIDAVIT OF CIRCULATOR State of Iowa City of Iowa City,, Johnson County (Name) (Address) Iowa City, Iowa, on oath depose and say that I am a qualified elector. I hereby certify that I personally circulated the petitions attached hereto. I have obtained (number) signatures, all of which were affixed and dated in my presence and I believe them to be genuine signatures of the persons whose names they purport to be. I swear that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. I understand that I am liable to criminal penalties as provided by State law if I file a false affidavit. Witness my hand this __ day of , 19 (Signature) Subscribed in my presence and sworn to before me by this __ day of ,19 Notary Pdblic in and for Johnson County, Iowa "Qualified elector' means a person who is registered to vote pursuant to Chapter 48, Iowa Code (1987). CERTIFICATE OF SUFFICIENCY State of Iowa City of Iowa City, Johnson Coun~ I, Madan K. Karr, City Clerk, do hereby certify that I have examined the supplemental petitions submitted by Jean McC011ister, on the 1st day of May, 2000, which requires an additional 752 verified qualified electors and verify that 1066 have been verified as qualified electors bringing the total of two submissions to 2,814. I fred that it meets the requirements of Article VII, Home Rule Charter of the City of Iowa City.. Witness my hand this2"d dayofMay, 2000. ~..-~ 7~/· ~ "'(Signature) Subscribed in my presence and sworn to before me by Madan K. Karr, this 2"d day of May, 2000. ' "' lqo~' P;~lic in and~'Torfor ~loilnson · County, Iowa. REVISED 9/22/00 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-183 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO ADOPT A CITIZEN INITIATIVE RESOLUTION TO DELETE THE GRADING AND PAVING FOR THE FIRST AVENUE EXTENSION FROM THE IOWA CITY CAPITAL IMPROVEMENTS PROGRAM BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY. WHEREAS, pursuant to Resolution No. 00-84, passed and adopted on March 7, 2000, the City Council adopted the Multi-Year Capital Improvement Program ("CIP") for fiscal years 2001 through 2004. WHEREAS, an initiative petition pursuant to Article VII of the Home Rule Charter of Iowa City proposing that the grading and paving for the First Avenue Extension be deleted from the CIP was presented to the City Clerk on April 5, 2000, and was certified insufficient on April 28, 2000; and WHEREAS, a supplemental initiative petition was presented to the City Clerk on May 1, 2000, and was certified sufficient on May 1, 2000, which certificate of sufficiency was accepted by the City Council at its meeting on May 2, 2000; and WHEREAS, in the absence of Council adoption of the initiative resolution, Article VII of the City's Charter requires that the proposition set forth in the initiative petition be submitted to the voters of the City; and WHEREAS, the City Council has declined to delete the grading and paving for the First Avenue Extension from the CIP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next general city election on November 7, 2000. Shall the following public measure be adopted? Yes No The grading and paving for the First Avenue Extension shall be deleted from the Iowa City Capital Improvements Program. Passed and approved this 16th day of Nay ,20 00 MAYOR Resolution No. 00-183 Page 2 It was moved by W1 ]bu~'n and seconded by 0° Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn eleanorVes~multiyear.doc Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 35y ....... '--, RESOLUTION NO. 00-183 RESOLI~:rIQN AUTHORIZING AND DIRECTING THE JOHNSON NTY AUDITOR TO~,,PLACE THE QUESTION OF WHETHER TO ADOPT CITIZEN CI~ OF IOWA CI~. '~, / through 2004. '~-,., WHEREAS, an initiative petition pursuant" o A~icle VII of t e Home Rule ChaSer of Iowa City proposing that the grading and paving for the irst Avenue xtension be deleted from the CIP was presented to the City Clerk on April 5, 2000, an was ce '~ed insu~cient on April 26, 2000; and WHEREAS, a supplemental initiative petition was r ented to the City Clerk on May 1, 2000, and was ce~ified su~cient on May 1, 2000, which ce cate of su~ciency was accepted by the City Council at its meeting on May 2, 2000; and the City; and WHEREAS, the City Council has d to delete the ing and paving for the First Avenue Extension from the CIP. NOW, THEREFORE, BE IT BY THE Clff THE CI~ OF IOWA CI~, IOWA, THAT: 1. The Johnson Coun Auditor is hereby authorized and directed to the following question before the qualifi~ electors of the City of Iowa City, Iowa at the ,neral city election on November 7, 2( Shall the public measure be adopted? Yes The gr and paving for the First Avenue Extension shall be deleted from the ;ity Capi Improvements Program. Pa/d and approved this :16th day of/~~4,/' ,20 0ZO.~~~. MAYOR Resolution No. 00'183 ~ Approved by CITY CLERK City It was moved by ~l'i ] buy-n and seconded by ~e'l ] the Resolution be adopted, and upon roll call there were: AYES: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn DRAFT Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52~40 (319) 356-5030 RESOLUTION NO. RESOLUTION A"qTHORIZING AND DIRECTING THE JOHNSON COUNTY IMPROVEMENTS PROt~RAM BEFORE THE LI R CITY OF IOWA CITY. \ / ~\/ // WHEREAS, pursuant to Resolution o. 00-84, passed a ~ adopted on March 7, 2000, the City Council adopted the Multi-Year Cap al Improvement rogram ("CI~') for fiscal years 2001 through 2004. WHEREAS, an initiative petition pursuant o Article II of the Home Rule Charter of Iowa City proposing that the grading and paving for the First A enue Extension be deleted from the CIP was was certified sufficient on May 1, 2000, which of sufficiency was accepted by the City Council at its meeting on May 2, 2000; and WHEREAS, in the absence of Council adopt initiative resolution, Article VII of the City's Charter requires that the proposition set iative petition be submitted to the voters of the City; and WHEREAS, the City Council has declinec delete th~ ;!rading and paving for the First Avenue Extension from the CIP. NOW, THEREFORE, BE IT RESOLVE[ BY THE CITY C( OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Johnson County Auditor is h~ .~by authorized and to place the following question before the qualified electors of City of Iowa City, (at the next general city election on November 7, 2000) OR (special election on ,2000). Shall the following public mea,, be adopted? Yes No i / Passed and approved this / day of ,20 1 MAYOR Resolution No. Page 2 Approved by ATTEST: ',,, ,, CITY CLERK ",. C rney's Office \ \ / It was moved by and ~n,,~led by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ,/// ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn eleanor%res\multiyear. doc City of Iowa City MEMORANDUM " DATE: May 11, 2000 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: First Avenue Election Dates For discussion purposes I have researched the dates available should Council be interested in calling a special election. In accordance with State Code, Council could call a special election no earlier than July 11 or no later than August 29. A general election is scheduled for November 7. ij I owa Ci Public Library 123 South Linn · Iowa City, Iowa 52240-1820 Susan Craig, Director · Information (319) 356-5200 · Business (319) 356-5206 · Fax (319) 356-5494 DATE: 5/8/00 TO: City Council FROM: Susan Craig, Library Director RE: Library Referendum After receiving information from the City Manager and the City Finance Director the Library Board discussed options for the 20,000 square feet of space in the building project that will be available for private use. They have asked me to pass on their recommendation that the space be leased rather than sold. Leasing appears to be the better choice for several reasons. Most importantly, it would remain a possible future expansion space for the Library or other City purposes. If the space is sold and needed for public purposes in the future it would be expensive to buy it back. The possibility of future expansion is an issue with Iowa City voters and the Board believes that leasing the space, combined with the option to add a third floor over the new part of the building, address this issue. Secondly, it will make the bonding for the project less complicated. It is our understanding that if the space is built to be sold, it would require a different type of bond, and one with less attractive tax advantages. The Board hopes to have official action in May setting the language and date for a November referendum. If you have any questions please let me know. cc: Library Board The City Council then proceeded to discuss the matter of calling a special city election. Council Member Pfab introduced the following Resolution entitled "RESOLUTION CALLING A SPECIAL CITY ELECTION", and moved its adoption. Council Member Wi 1 burn seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn. :Champion. Kanner. Lehman. O'Donnell, Pfab, Vanderhoef NAYS: Nnno Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 00-184 RESOLUTION CALLING A SPECIAL CITY ELECTION WHEREAS, the City of Iowa City, Iowa, proposes to contract indebtedness and issue general obligation bonds to provide funds to pay costs of a general corporate purpose project hereinaeter described; and WHEREAS, Section 384.26 of the City Code of Iowa, provides that before the Council of a City may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special City election to vote upon the proposition of issuing said bonds in accordance with the provisions of said statute; and WHEREAS, neither the proposal for the issuance of the bonds hereinat~er set forth, nor any other proposal incorporating any portion of it, has or will have been submitted to the registered voters of the City for a period of more than six months prior to the date of election hereinaRer provided; and WHEREAS, the Iowa City Press-Citizen is a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, and is published in said City and of general circulation therein; and -2- NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That there is hereby called a special City election on Tuesday, the 7th day of November, 2000, at which election there shall be submitted to the registered voters of said City the following question, to-wit: "Shall the City of Iowa City, .Iowa, issue its bonds in an amount not exceeding $18,400,000 for the purpose of acquiring real estate, constructing an addition to and improving and equipping the city public library?" Section 2. That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be of the type authorized by the Code of Iowa that will permit the use of electronic counters and will be in substantially the form set forth in the Notice of Election. That, if more than one public measure shall be submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Johnson County, Iowa,:being the County Commissioner of Elections, is hereby directed to publish the notice of election once in the Iowa City Press-Citizen, being a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election. The Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. -3- Section 7. That the Clerk is hereby directed to file a certified copy of this Resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the goveming body under the provisions of Chapter 47 of the Code of Iowa. PASSED AND APPROVED, this 16thiay of Nay .2000. Mayor ATIEST: PC, OODRICI-~233412\! \! 0714057 -4° City of Iowa City MEMORANDUM Date: 3 April, 2000 To: Stephen Atkins, City Manager From: Kevin O'Malley, Director of Finance-~/..c~ Re: Library Expansion Referendum A few weeks ago Bond Counsel Ken Haynie and I discussed the question of what dollar authorization amount would be stated on the referendum ballot. I provided him a copy of the architect's concept plan and informed him that the construction and furnishings estimate total was $18.4 million. I stated that the Library Board believed that $1.5 million could be raised from donations and that the sale of commercial space could raise an additional $1.3 million. Ken expressed his hesitation to lowering the dollar authorization due to the contingent nature of both the donations and potential sales revenue of the commercial space. He stated that any cash donations the City should receive before the referendum ballot is printed can be used to lower the dollar authorization. He also mentioned that the Library Foundation could offer monetary pledges to a financial institution for discounting, again only up to the time of ballot printing. Ken questioned me as to how the commercial space was to be managed. I explained that the City's present intention is to purchase the current commercial space and build the addition to the Library. At that time Library operations would move in the new space while the old space was being remodeled. Ken further questioned the future use/management of the commercial space, including the possibility of short term leasing. His concerns were focused on the complexity of the property acquisition process, the expense of issuing taxable debt for this small portion of the project, and uncertainties in the demand for additional commercial property. Ken recommended that the wording of ballot question allow for the total construction cost of $18.4 million less any cash accumulated before the ballot printing. indexbc\memos%2-1 KO.doc 05-16-00 26 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 0n-IR5 RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SON JAY AND JIGNA JANI FOR CONDOMINIUM UNIT 1-B(2) IN TOWER PLACE AND PARKING AND TO DISPOSE OF UNIT 1-B(2) IN ACCORDANCE HEREWITH, AND SE'I'i'ING A PUBLIC HEARING FOR JUNE 13, 2000. WHEREAS, Tower Place and Parking a/Ida Iowa Avenue Multi-Use Parking Facility includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Sanjay and Jigna Jani for condominium unit 1-B(2) in said facility, which purchase agreement is attached hereto and requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached purchase agreement between the City of Iowa City and Sanjay and Jigna Jani for unit 1-B(2) in Tower Place and Parking a/Ida Iowa Avenue Multi-Use Parking Facility and to dispose of said property in accordance in with that agreement. 2. A public hearing on said proposed agreement should be and is hereby set for June 13, 2000 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 16th day of Nay ,20 t30 CITY""CLERK City Attorney's Office Eleano~es~jani.doc Resolution No. 00-185 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X ; Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum COUNTER OFFER Address of properly: Unit 1-B(2). Tower Place and Parkincl The Seller declines to accept the terms of the purchase agreement attached hereto; however, the undersigned submit to the Buyer herein the following counter offer: 1. Change of purchase price: NONE 2. Change of possession date: NONE 3. Other changes: See attached terms of Counter-Offer. 4. In all other respects not inconsistent with the terms of this counter-offer, the counter-offer includes the same terms as set fodh in this purchase agreement as submitted by the Buyer. 5. This counter-offer must be accepted by the Buyer, by indication of the Buyer's acceptance hereafter, no later than 5:00 o'clock P.M. on the 10th day of May, 2000. In the event the counter-offer is not thus accepted, the counter-offer shall be null and void and any payments made herein shall be returned to the Buyer. If this counter-offer is accepted, the counter-offer shall become a binding contract for sale and purchase of the real property described in this counter-offer and purchase agreement. CITY OF IOWA CITY This counter-offer and its terms are accepted by the undersigned Buyer on this ~ -~ day of rV~ L( ,2000, at ~ -o~' o'clock-(AM-){aM) Buyer J~ Buyer , Annen~forms~Wilson ~unter-offer. d~ CITY OF IOWA CITY'S COUNTER-OFFER TO SAN JAY AND JIGNA JANI'S OFFER TO PURCHASE UNIT 1-B(2), TOWER PLACE AND PARKING A. Change in real estate description: Unit 1B(2) of the horizontal property regime to be constructed on Lots 1 through 4, Block 61 of the Original Town of Iowa City, said unit to consist of 1,300 square feet, more or less, located on the street level directly north of the main clock tower lobbY, on Linn Street and to be constructed in substantial conformity with the plans and specifications for the Tower Place and Parking facility. The final recorded Declaration of Condominium which shall submit said real estate to a horizontal property regime as defined by Iowa Code 499B shall be in substantial conformity with the draft Declaration of Condominium attached hereto as Exhibit "A" with the exception that Unit 1B as defined therein shall be divided into three separate units, 1 unit on the mezzanine and 2 units on street level with one of said street level units to be Unit 1B(2) as described above. Said unit shall be finished to "vanilla box" finish in accordance with the plans and specifications for said facility. a. Parking: The reference to the "permanent parking place" in paragraph 2(C) of the attached. purchase agreement shall be deleted and the following inserted in-lieu- thereof: Included in the purchase price shall be one (1) City of Iowa City parking permit without fees for parking in Tower Place and Parking. Said permit is transferable to a subsequent owner of the real estate but may not be transferred independently of the real estate. b. Deed and Title: The parties acknowledge that an appeal of the City's condemnation of the Harmon Building is ongoing with the only issue being the amount of compensation for the taking. Buyer agrees that the pending appeal will not constitute an objection to title and agrees to accept City's warranty deed notwithstanding said appeal. B* RESIDENTAL REAL ESTATE PURCHASE AGREEMENT ': ' Dale o;Agreemenl: hxb~Y 1, 2000 to: Crffo~IowAC1TY (SELLERS:), - r ~-- I REAL ESTATE D~SCRJPTION. The unde~igeed BUYERS herelW o~et Io buy teal e~ate in JoH>rsoN Cosely, Iowa, locally known as: Uh'rrl-]~"'21TOW~:~tP~ACI. I.wN~AND[OWAf13OO~O. rf./M/LI ANO F(X.LOWING THE LEGAL OESCRIPTION CONTAINEO IN THE TITLE DCX3LIMENT BY WHICH THE SELLER RECEIVED TITLE TO THE PRC~RTY, SUBJECT TO APPROVAL 01:: BtJYEFrS ATTORNEY, or de~ as follows: with any easemeets and met saMeat e~tates, and subiect to the fobwing: (a) any zoning and other otc~nanoes; CD) any ccve~nts of recoi'd; (c) any easements of record for Ix~blic utilities, roads and highwM; and (d} ~ ~ , (cc~: liens, ofhet' easements, interests of othes) designated the Real Estate; provided BUYERS o~ poe~, ate bem~iifed to make the b'~wing Lee Of ~e Reel Eatale: R. ICTA_rb ~ Olr!'XCIt TL3S~: 2 PURCHASEPRJCF_ ThePurchasePr~ceshaebe$ 176,800,00 ,( ONll:HUNDREDSEVZNTYStXTHOUSANDEiC, H'THUNDmDOLLARS )end the method of payment shall be as fallows: $ 1,0qO,0(I wilh lhis o~erto be deposited tqx~n eccm ofthis oifer, in ffie tmst accourd of ]~}¢3.OEGZRREALTOR~ to be ddiveed to the SELLERS upon pefon~ance of SELLERS' d~jations end satisfaction Of BUYERS' conti~. if any, and the balance of Ihe p~rchase pace as designated below ,Salad (A) (9) ancVor (C) or ~) A: IRINEW MORTGAGE: CONV ThisAgreementisnontinge~tup~nmeBUYERSobtainingaw~enc~mmitmentfora~trea~astatem~dgagaf~r 75 %oflhep'Jrchasepncewlthmterastontheprorn~so~ynote secured ffiereby of not mofe than 9 %amod'izedovefalermofno~k~,-sthen 25 yeat's, with a belkx~ due date of not less than 5 years BuYERSagreatopay nomorethan O % for loen o~ginetio~ fees end points, endtopetylned~tioeellothefcustomeryloencosts. BUYERSngree,.~onecceptanceofthraoffertoimmedmtelymake africaties ~ such mortgage with a coonmartial modgaga lender and to exercise goad failh effods to obtain a roodgage commitment as above ptcv~Lnd. Upon race,ring whiles k~en comma- meet, {sur~oorted by the lexler's required appraise0, BLPERS shell ratease this contingency in writing. If BUYERS have not obtained a written roodgage Ioen commitment containing the atxNeterms, or kgtms accepteb4e to BUYERS on or before lhe 20 daYof ]V!_Ay, 2000 eithef SELLERS or BUYERS may dectare this agreement null and void and all payments made hereunder shall be returned. BUYERS shah pay the betaace of the purchase I:,qce at Ihe time of the dosing by combination of BUYERS' personal funds and net mortgage proceads. B. [] CASH: BI.II~R$ will per/the batsace of the purchase Ixice in cash a! the time of ctosin9. This Agreament is not contingent upc~ BUYERS obtaining such funds C BOTHER ~ T~: tIT I~; !.rNDI:RblX)O~) THAT TEE t'L,'RCHAS~ FRICE SHALL INCLUDE TH~ U~ Olr ONF. pERM Ah.T. NT P~C PLAC; IN TH~ TO'WZR PLACE pAR.ICING I~ACiLITY. D. []If a Modg~Je Aeaumpeon. Installment ceet'-dd Assumptton. or Insraiment coatred Sale, see stitched addendum. 3 POSSESSION. IfBUYERS~ime~yperrormaRobfsgati~ns~p~esessiaeforteReatEstateshsi~bedeevenad~BUYERS~n S~'T~B~I, 20~O, with~nya4u~sb.mmtsofrent~texas~in$urance~irdeteat~endofhe.appr~cabiemat1erst~.bemadeasofthedete~ransferofp~esessi~n~ Cbsingoftbebamadk~nshalloccurafiefapptovalof title and vacation of the premises by the SERS, in Ihe no~ teed,/for IERS' possessice. Possessten shell not be de[~-,d to the BUYERS until coml:~etion of the dosing, which sha~(meandeftva{yto~eBUYERSdai1~detrarafetmtsa1XheceiptOfthepurca5esepriceftmdsthenduefT~n8~JYERS~ If by mutual agreement the padias sek!d a c[lfferenl pasnssioe ~ dosing date. the/shell execute a separate agreement ~ fodh N teTnt thereof. 4 REALI~ATETAXES. SELLERSshallpe/a~hee~exta1etaxeawhichatedueandpeyabta~ndc~:x.etitu1eafenagainsttheab~vedescrbedRea~Esta~eandanyunpeidrea~estatetaxesf~ any prior yee~. Except for the tax ptota6on bereinaeter re4 Iodh, BLrY'ERS abel1 pay all subse~t ml as~e taxes. SELLERS shall atso pay a prorated share of the real estate taxes f~' the 6scalyeme~J,.~e30, 2000. andpeyal~i~ther~:atyearcc~menoingJdyt, 2000. besed upon one of the folk~ing formulas: Sek~ (A) B) cx (C). A. I'lNet taxe~ payable in the cur~flt fi~cal year in which possessinQ is given to Buyers. (I:)o rd sated this alternative comtmdien as~essme.t.) B. l"lNet taxes paid i~ the cutwent f~cal, year ofpessea~ion (phF~/mir.~) % thereof. C. BAn mount cak~ed based upo~ N assessed vahjation, lecjislm'~ve tax rdl:~ck, and reel estate tax exemptions tha~ will adultS' ~ applicable to and used rot the calculation of taxes payable in the fiscal year commenoing July 1,2000 If, at the time Of dosing, the tax rate is not cadtried, then the mc~l curTent, cedifed t~x rate shall be used 5 SPEC1AL ASSESSMENTS. Sdect: (A) or A-5aSEL.LERSshallpayallspeciaimfswhichare~lle~n~eReadEstateasoftheciet~fci~sing~ B. ['1SELLERS shell pay all installments ofspecial m which are a Ran ce lba Real Estate and, if not paid, wo,jk:l become delir~ent during the calendar year this offer is .accepted. 6 FIXTURES..Mp~pedythat~egrai~y~toorispedoftheRee|Estate~whethoratteched~tdetashed~suchaskJht~xturas.shades.r~ds.b~inds.aut~matK:gara9ed~cx~peners~ed bammifief units, ~ ~ n;ds and ctn'tain rods, awnings, win~.'stenm doors, m. p4umbing r~, wa~er heaters, water softeners (unless water softener is rentat}. automatic heating ~t, 8k concitionklg equipmaid, wall-k:Fwall carpsting. mi~o~ attached to walls or doo~. ~ screen and grate. attached batbec:ue grills. weather vats, al buitl-in kitchen appirances. b~ i~ems ~ elec~ sayice cable, outside Islevision t~we~ and antenna. fencing, gates and landsca~ng shall be considet~ a pad of Real Estate and also ir~ng the The foflowing Items shall be e~: 7 DEED. Upeepaymentoftheputchasepnce~SELLERSshe~1c~eveytheRee~Estatat~BLrfERSorthekassignee$~by WAI~.~.NTy Dead, fTea and clear of all liens, rastrd.>ns end encumbrances exce~ as pe3vided kl 1 (a) hough 1 (d). Any ge~oral ranties of ti6e shaft exter. d only to the time of ac:ce~ance of this offer, with specuat warrantes as to acts of SELLERScontinuingupto6TneofdefNee/ofthedead 8 TIME IS OF I~IE ESSENCE. T~eisoftheas'senceinthiSccetrad. A The propedy as of the date of this Agfeemeffi inducting buil~ngs, gn3unds, and all mlp63vements witl be presel~ed by the SELLERS in Its present condit~on unlil I:~ssess~c~, oraleast'/wea~ and tear excepted. The SELLERS warrant that the heating, etec'~. plumbing, and air concrdinning s./~tems and all included appleaces witl whethe' subiect mspectic~ se4 fodh here~rla~er or not, be in goodwoddQg oedef and concrdion as ofthe dafe ofdefwey ofpo~eession. The BLrfERS shall be pe.mi~ed acces~t~the pr~pady~f t~r~ssess~n c".ck>s~ng.wh~chever~s seene.~inorde~todetetmme~hattharehasbee1nochange~inthecerKf~noftheprq~qyend~ha|itisreadyfurBUYERS~paSsass~<>n B. TheBUYERS mostCh~~se~neofthe~~~1~winga~tamaiivereiativetothe~:m<i5cmendqua~dyofthe~:r~pedy: 1) [-jWithm-cakN1defdaysa~etthe~dede~theBuyei1may~attheirsdeexpecm~e~h8vethe~z~pedyinspededby~pars~n~pers~ns~fthetrCh~(ft~e Thertsped~on shall cover the MAJOR COMPONENTS of the Real Estate: central heating system, centrid cceang system, plumbing system, etedr.:~l System, rcolI, we!Is. col!~ng, fo~r~tatm and base- meni, ifany Within ca~endarday.s~d~erc~m1Neti~eofthempedk~1pe~d~theBLrYERSmus~not~inwTitingtheSELLERS~Se~hngAgent;a~1sh<wv`n*her~et*P`.~(ar~.maf~def~ ciencies, Tha notification must be accofi-(.,an~by acq~-y dlhe wdifen' ' cep:x1and by awdfien es~im~te h~m aqua~ified c~ntrad<x f~H~ccs~of re~air~f such deficenoy THE NCEOF.WR[TTJ~NNOT~C~;3FANYD~IENCY WITI~NTHETIM~SPEC~FI~DHF. RF~ .T~ VISION SHALL BE C~EEMEO WAIVED BY PARTES wtfiing~whetsteps. if ,the!~'l.:L.l~l~Swilleketocoj~Zctosing. The BUYERS !lhall, wfihinFN, e(5)caler,:Jardaysa~erreceptofthe'SELLERS'notificatm. notify. ~h ~ S~;~ Agent b'~et. (1) such skis am acceptate. i~ which case th~ Agmt. as so modfied shaf be bind ng upon all parties. or (2)that such steps are n~tacceptabk'~inwhichcasethisAgreementshaibend~endv~id.m:~enyeamestm~eyshe~1heretumedtoBUYERS :2') 5aBUYERSadm~w`k~:~gethath~havebee1advisedoftheirrightofpr~pedyk1spec`~:Kx1andhavededinedtomakesaidinspedK~n 10 WOOOD!~'TROmGI6ECrI~pECTION, Sdect(A)~x(B) A) I"lWt~ill ca~endm.day~aIfett~hef1~d~:eptarK::edeteofthi~er~BUYERSmay'~tBUYERS~eq:ers)havethapr~pedympededf~rtermdes~{~(herw~ddesh~ying~nseds by a licensed Pest lrepector. ~(K:eVeit1~e~af~1~t~--~T~9~duetoprkxir1~asta~i~1~cb~:Nered~SELLERSshe~1haveb5e~ptkx1ofeitherhaV~ng~epr~pertytrea~edforinfe5.ta~eby ~k:e1sedpest Ex:~etmk1~nd havi~1m-1y(b11age tepeked to~1a BUYER*S s8t~sfac~i~n~t dedm1g thi~Agreern~V~id~ This pr~is~ofl shall not appiy to fence~.trees, sht~,ot B) 5aBUYERS KlaKlwtedge flat ~ hllve beet1 iidvised of their right ofl pelt klq3ec'6on and have dediled to I'tm~e said insped~oe unless rerlu~ted by lending irtstitutlon al whch ttme sa~d if~ world he Buvet's m and the Buvw w111 have ~ same ~ as undor mh 10A edive infestafior~ or damm3e due to t:.'lot infesta1~ ~s dscovered 11 INSURANCE. SEU..ERS shall beat the ask ol k~ or damage to the Ixopelly FjOf to dnamg ix ~, m first occur. SELLERS agree to maintain existing esurenea and Thepa:W:*t1yshallbadsemedsubatan~isrqd~mag~dixdestr~yedi~i~c~nn~~beres~or~dtoit~pte'sentconddiOnOnorba~oremed~singdaie;~~vided~h~wever.BUYERSshallhavethe . 12 USE OF PURCHASE PPJCE. A~timeorse~arnenUunUsOfthepu~chase~ncemaybeused~paytaxas~nd~har~lensand~re~ngint~es~.ifany.~f~ 13 ABSTRACT AND TffLF_ SELLERS.a~theirexpa~nea.sha~p~m~y~btainan~bs~mc~fti~e~theRea~Estat~contmued~.~.~ghmedatadac~eptaneaorm~s~ar`anUdewrverit~ BUYERS b' examination. It shall show mer~antable ~ in SELLERS names in confermi'/with tha agreemeaL Iowa law, and Tie SIre Of me Iowa Stele Bar ~liea. The abs~ad c~mmerciaIm~dgagetanderorme~UYERSwi~no~makemem~dgagefonds~vail~biewithsuchesc~w.me~r~v~sion~foresc~.~wfor~i~ledefadsshe~no~baapp~icabie 14 JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS, immediatdy pece~ng acceptance ~ me offar, hdU title |o the Real Estate in ~nt lenancy with full nghl of sufvNorship, and the ~nt tenency is nol letaf destroyed by oparation Of law or by ~ d me SELLERS, men me __pmcee,~___ Of this sale, and contir~ng or reuaptued dghts or SELLERS in the Real Eatale, shall belong to SELLERS as ~nt leftants with full ~ghts o~ suf~hip ard no{ as tana~ts in cornmars; azxfBUYERS, in me event Of the death d ether SEllER. agree Io pay any balance of me paea Uua SELLERS under this confrad 1o me survivk~ SELLER and to acc~ol a dead fTOm me sun~ving SELLER consislent with paragraph 7 15. JOINOER BY SELLERS SPOUSE SELLER'S spouse, if not e lille haltier immecialdy ixeceding acceptance Of th~ offer, executes this conlred only for the purpose of re~inqu~hing of all of dowel, homestead and distributive share or in c~mplianoe with with SacSon 561.13 or the iowa Code and agrees to execute the deed or real estate conrad for this purpose 16 REMEOIES OF THE PARlIES. A n~buyersfailt~imdypeff~:xmthiscontrad.SELLERSmay~orfeititasp~:Nidndinthe~waC~de.anda~paymentsmaUesha~f~rfeitedix~a~SELLERS.~pt~upanThidy(3~days wnffen notice o~ intentm tO accelerate the paymeal or me entire balance because of such failure (Uudng whic~ thidy days ~uch ~lure is no! corrected) SELLERS may declare the entire balence immedlatdy due and payable. Thereaffer this contract may be foreckt~x:l in equily end the Courl may aprx~nl a recever. B, If SELLERS fail ~o timely perform this cantred. BUYERS have the righi |o have all payments made raturiNal to them. CBUYERS and S~LLERS also are enlitL-d ~o utilize any and air other reinaries ~ adions at law or in equity evaitabta to them and shall be entitled to ~tain Ndgmen! for cam and ariamay fees ea pen~itled by taw. D In the event the BUYERS fail Io perform the~ dDiigabons hereunder and me SELLERS succassfulty forfeit any payments made under this contract, me Broker shall recerve from the SELLERS One-half of me forfeited payrnenl. said one-haft not to excseU me total cornm~ion Uua to me 8reker. h me event me SELLERS ~1 to pm SELLERS' obi~tms unde~ th~s c~nlrecl when req~red to do se, SELLERS shall pay to ~er me B~okers Ontomission in me amonnl set forth in me SELLERS' Listing Agreement with me SELLERS' 17 STATEMENT AS TO UEHS. I1 BUYERS inland to assume or take subject to a hen on lhe Real Estale, SELLERS shall furnish BUYERS with a written stalemeat prior Io dosing from the 18 APPROVAL OF COURT. if lhe sale of lha Real Estate is subted 1o Counl approval, me 5doda~ shall promplly submit this conlreci ~ such approval. If this c~trad is n& so appeared by the __ dayof -- eitharpadymaydedarethisc~ntrednullandv~id~anda~paymen~smadehereu{darsha~eretumedt~BUYERS 19. CONTRACT BINDING ON SUCCESSORS IN INTERL%'q'. This conlrad shell ap~y to and bind me successors and trite'eat of the padtea :20. CONSTRUCTION. Wixds and phrases shall be caratrued as ia me singula~ or p4ural number, and as masctlne, faminina or neuter gender, according to context. 21 SURVEY AND SOt.~ARE FOOTAGE REPR~ENTAT1ON. The BUYERS may, prkx to dosing. have me Ixq:~N'ty sut'veyed at their expense. If they sufvay, cedjSed by a Ragistered Land Surveyor, shows any encroachment On said peopedy or i~ any htFovements located o~ me sub~ecl Ixopedy ericmad1 on lands of dhef's, such encroachmeats shall be treated as a litle defect Assuming a representation for square footage has bee~ made, BUYERS unde~tand and agree met said relxes4mtalkxt is only an approximation of me exact norabar Of square feat the p'operly contains The BUYERS have the ~ht to ebtain their own measurement of square footage. 22 AGENCY DISCLOSURE The Listing and Salting Agents/1~okefl are ageqts Of the parties herelo as outlined be{ow, and their fiduciary dut}es of k~"'a~ and faithfulness are owed Io the party they re(xesent. Howevar, the/must treat the Other party with hG'msty and fairness, The SELLER in this transact~ is represented by: ~ PtANICK / ERNIB GALl;R, L.E~!C KROF,,CI~R ]~d~ALTORS (Agent/~,-okera<Je Names) The BUYER In this Iransaction is represented by: KEV]:N ]:[AJ~CK, LEPIC I'CROEGI:R REALTORS (Agent/~okera<Je if Agent (Indudng Appointed Agency} and/or Bmkerege (inckKlng Consensual Dual Agency) Namea ere shown as reprasenling bath padies. a detai{ed expianat{on of re.:xesente5on shall be altached Further. lhe BUYER and SELLER acknowL~ge met print to signing ~is agreement met their re~eclive Listing or Se{ling Agent made a writlea ctsoteaure or type or te~xesantation 23 PI RESIDENTtAL PROPERTY SELLER DISCLOSURE STATTr. MENT. The Buyor(s) acknowledge receipt of ~e Realdential Proparty Seller Disclosure St3tement prior to executing thta Putt:haM Agreement_ A copy of the Resldenitl Property Seller DIsdoaunt $tstomed Is attached to the Pus'chaso Agreement. 24 NOTICE. Any riotee required undar this Agreemen! shall he deemed pealacted when it is raceNed in writing either by personal delave-/or urx~ the date of the posting of said notce posted by Certified Mail. ~ of all such nol~cas shall be also sent to me Listing Agent and Sdlmg Agent as designated in ~ Agreement, or ltmir Brokers. For the SELLERS c/o STEVS A'Xx~s Address: 410 EAST3VV'ASHINGTON STP, Zl:T, [OWA CITY For lhe BUYERS S.4j, UAyANDJiCNAdvANI Address: 60StVl:s'n~u, rDsDgtv~ IowACrrv 25 REPRESENTATIONS. It is urder~tood that no reprasentalKxms made by the agenl in me r, egotistion of this sale are being relied upon unless incor1:x:,talnd herean or endotx, d nn writing 26 COUNTER PARTS CLAUSE. All padres agree to be bound to this contract even ~f every party does not Sign on one original. as ~ as each o3py that ~s signed is kJentica[ to eve<-/other signed copy 27 OTHER PROVISIONS. A. ) lit W.X, QUm. XD, S'~LLER WXLL x. Rov'mlc AN ADDITIONAL, ~,v[]I;RGg. NCY x'GR.Ir. SS DOOR AT TH~ RIf. AR OF SAIl) PRglVIISg. S. B.) ~ OFFER IS ~q. tl.rRCT TO BU"YER"S R~VIIW AND APPROVAL O1~' BUILDING COV'F. NANTa, IqNAL CONSTRUCTION pLANS AND S!PRCIIqCAT1ONS, Irl]V[SH ALLOWANCIS, AND SICHAGR REGULATIONS 'WITHIN 30 DAYS O1~ THI ACCIFfANCe air THIS C.) IT iS tn'U:,~STOOD THAT 'nns am MUST ~ A.PPROV~D n,V m'H:lC IOWA QTV Qm'v Cot.q~ctt, By Jm 15, 204)0. 28 TIME FOR ACCEPTANCE. If this dter is nol acceptnd by SELLERS on or berore 5:00 ddock (P.M.). on I~L~.ya, 20OO it shall become v4xi and all payments shall he teaaid Io Ihe BUYERS. 'THIS IS A LEGAL. BINDING CONTRACT IF NOT UNDERSTOOO. SEEK COMPETENT LEGAL ADVICE ' /'~f/~_~ DATED :IV[Ay l, 204]0 at !:00 (AM P M ) ---- ~>70 tg~ 2~52-.- ~, ~'l~u t, 2~o~¢ BUYER SS# BUYE -,,,e SS# ~ 07.- ~ 4.-7~ This offer ~s acceOled at (A.MA:'M) SELLER SS# SELLER SS# For information only. The Setlar(s) acknowL-~qge receipt of Ihe offer (DATE) ('rIME) (INITIALS) ,Consensual Dual Agency. Addendum I0 pUttieS or kilo Sefler'l property, and bo~h 3eliot and Bu~r wish to con/inne to use the services of Leplc Ktoeger REALTORS who now b ~u;e ~plc Kroege REA~R5 b I~lng u qent for b~h 86~r and Burr In d~ Iraelection, Leplc Kroeger RSAI~ORS sha~ ma~e every teuonable elfort Io remain thl to ~r and gu~r. l[o~ represenfng more bn one p~y to a transadlon could ~uent some concern sln~ both dlenh may reiy npo n Ute Agent's advice, wd clic~ rupedl~ Interes~ mtI h tdvens to et~ o~er, Age~wB end.~r [o ~ Imporal between ~e~er and Duyer and wlH not represent the lateral of oldtar Ihc Seller or Ruyr ~e exclusion o~ detriment of dm o~er. ~]~T IRd B~r s~no~ed~e ~st prior to ~m time Ih~ ~ns~nnx~ DuM ABency was anteled into ~plc Kroe~er REAI~OR~ ~cted as dm Exdu~l~ A~ent o[ ~e ned nd~d u ~e h~l~e AJe~ ol Burr. In 6mse sopargo rolu, A~ent m~ have ohta]n~d Inlormatbn wldch, H d~closed, could harm the bar~lnJn~ po~ftbn o[ the p~ ~ovldtn~ rich Infomstlon to ~lkr and Buyer aFee ~lt ~plc Kmeger RBALTOH 8had not h fiabh to ellher pady lot refusing or laUln~ to disclose hfformalion which in Ihe Aole di.saellnn of Ihe A ~ would ~m one parly's bargehint pasSIon ~ ~auld hne~ ~e otl er puty ' ~m loftruling Information ~nnot h d~dosed ~ ~p]c Kroegsr REALTORS when adlng as deal agehis wllhout ~e ~ of Ihe cller, to whom the In madan ~rtain/; A. ~at Burr b w~ing to pal'more Ihan Ihe pur~u6 price eriered lot the properly. B. ~ateelsbw~nlloac~bn~n~eaA[nl~l~lor~epropefiy. C. ~at molh~lnJ ladou ue for any ~enl b~al, .eubi or hulnl a property. D. ~at 3e~ ~1 a~e to finBring Hml o~er ~ln ~le offend ,. D~CRIP~ON OF BROKE~O6 $ERVIC~ A. ~al ~plc koe~s R~L~R3 and b g~ ~sodam ~N DO lot 8eXers and Burrs when acting x Consensual Dual A tents: ·~odde helpM ~tormatlon sbo~ ~e properly ~d area to Bnyer. R~pond Ecurately to ~t~ns ~m ~e ~perty, ·~do~e ~na~ Qu~fi~tlanl of B~r hplaln real e~ite terns and ~plaln Io 8uy~ ~e ~neF~ oJhavln~ ~n property inspealed. ~ldn dosing ~sts ~d pto~d~s/. ' Help ~e Bu~ cornpus finsnee( ~etna~v,. horde Information about comp~bla ~ertles so hller a~d gu~r m~y m~e an edu~te~ ~,c~lon on-w~at pd~ to accept o~ o Axbt ~ the mnd~d offer form ~ ~du~e me na~ssav~ pt~ed[o~s and ~s~osures lot Seller a~d Ru~er. Work ~gentl~ to la~ate me sale ~hln ~a scope of our expedite and r~mmond when outside experts should be retained. ~. %~at ~plc ~oq,t R~L~R8 and ~a a~ted q.nts M~ DO under Iowa la~ lot ~e~ers and Bn~ers ~hen acting as Consensoai Du.I A~ents: · In~tm e,~r~ or Se~ ~at m~ AR~ NOT R~R~D to consent to dual agency. · ~oHd~ broksaffa ~er~ to ether and h~ hon~tly ln~ In good fahh. · ~lgsntlr tarrise reaaonable skis and ute ~ p~d~ng brokerago s~ces to Bu~ and SeUer. · ~sd~e to ~sr and ~gsr al matsr~ advise fa~ ~at us kn own e~e~ for the fo~lng: 1. ' Material salons la~s kno~ ~ 8~t and 2. ~t~l~ad~rsela~sgt~totge~ercould~co~rought~e~nabydfligentlnspeclbn. andwhj~wot d be discovered yareasonablrpr~denlpew undo ~s ot sireget ~umsta~. 3. Matert~ ad~ss la~s ~s ~dos~eof ~1~ b Fohjb~ed ~ ~w. 4. MaI~ aa~ns fa~s eat are b~n to a penon who condu~t an InaCtion on b~alf of Burr or 8e~e~. C. - A~ou~ ~ot ae .~o~tty coml~l Into {he pos~slon pt ~plc Kr~egsr REAL~R3 ~al ~longs to Bnyet or Seller withbe a reasonable time o~ receivl.g ~ D, ~dose to ~ cRent g~ information kn~n ~ ~plc ~oeger REAL~RS that Is material 1o the usesaction an~ ~at ~ not known b~ U~e client ot could not be d coated bf the c~ent ~rouSh a teasonaSlf ~gJenl ~spe~lon. E FuIR~ any o56ptlon that ~ within Ihe lcope ot the agency agteeme.t. except Ihose obli~sllong that are b~ousl~tent with other ~h~tle~ I~plc ~Hler REAL~Rthas under I~ g~Mlng kW or t~ other ~. ~sdose any ~ntn~l lidsrests ~e agent or the brokerage h~ ~ any busloses entity to whld~ the a~ent or brokerage refers a cllcn~ lot any servi~e at product related ~. sF trsnsmbn. 4. DMCR~FTmN OF SELt.~'S AND SUYWS ROLn Bemuse of AJeht's Consensual Du~ Agen~ t~atlonsh~, ~ and Bsl~ understand that t~ hm ~e respons(hilttF of making U~etr own decisions as to what terms are (o included k ant pu~ue egmemenL ~ger and B~ also t~n~l~ge ~at th~ are aware of ~e Impll~tbns of ~pic KroeKer. REAI~ORS du~ age ncy role, and that U~ey he determined that ~e ~ne~s o~ antcrag Into a trsnsadlon ~t~en ~em and ~plc K~osg~ REAL~R3 ~t~leh said Impliuttons. Seller and Burr nndersland that U~ey m teek tndepende~ le8~ counsel In order Io assbt ~em ~ any matter re,ling to ~ p~ase agreement or to the transadlon which Is the sublect matter of a putdanes agr~ taunt. IF PURCI[AgE AOR~ 18 NOT ACCEPTED OR ~E8 ffOT CLOSE In the ~nt ~atSe~ and Brat do not enter I~o an aFsement lot pm~sse and sab of ~ellsr's property to Bnyer or In Um event fizat Ihe purchue end safe ~rovlded for h~ rr puresee a~emenl ~t~n ~e 8e~er and Buyer doe not dose, men me ~nssnn~fi Dual Agen~ role ot LepJc Ktoeger K~A~;rORS wf, cease and Lepic Kroe~er REALTO w~ ~ome ~s u~sh~ Agent of Buyer an~ ~s~er based on ~eHouslF t~d terms. AOEN~ DISCLOSURE AORE~T ~l~r and B~r s~n~vl~ge and aFee ~at ~plc Kroe~er RBALTOR3 b underlying a Consensual Dual Agency representation tn U~e sale of the above property. ~t and Buyer ht~ p~lou~y been tnfMmed of ~e poll~y oJ i ~nseh~al Dutl Agen~ ubln8 it a Burr working with an Agent becomes in(eraSed In a psopetly listed ~pk Kroeg~ REALTORS. Hating read the type of ~prsentatlon to be p~vlded, Seler and g~er conserie to thls d~dosed dual agency a.d hereby coolInn by SInnature(s), Buyer's SIgnature bate Seller's SIgnature Date Buyefs Slantlure Data .belter's SIgnature Date EXHIBIT "A" DECLARATION OF CONDOMINIUM TOWER PLACE AND PARKING PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to a public housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an uninc6rporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. B. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commeri:ial units on the west end, as well as commercial spaces at the northeast corner of the building along Iowa Avenue, and along Gilbert Street. The commercial units on the street level along Linn Street shall be constructed so as to allow the later construction of a mezzanine. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE UNITS The units of the condominium regime, being those areas susceptible of separate ownership as described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. 1. Definition of Space. Unit 1A is located at the southwest corner of the street level of the structure, consists of 3,827 square feet and allows for future construction of a mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1A from the remainder of the structure and from the outside. Unit 1A excludes the stairway located at the southeast corner, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. 2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the right of access to said unit over and across the portion of Unit 3 labeled on the plans as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and therefore devolving to succeeding owners of Unit 1A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the southeast corner of Unit 1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 2 b. Seven City of Iowa City parking permits for parking without fee in the parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1A. B. Unit 1B. 1. Definition of Space. Unit' 1B is located at the northwest corner of the street level of the structure, consists of 3,958 square feet and allows for future construction of a mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1B from the remainder of the structure and from the outside. Unit 1B excludes the stairway located at the northeast corner, as such stairway exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A, which stairway is a limited common element to Units 1B and 2A as defined herein. 2. Easements Appurtenant to Unit 1B. The owner of Unit 1B shall have the right of access over and across that portion of Unit 3 labeled on the plans attached as Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit I-B. Appurtenant to Unit 1 B, and therefore devolving to succeeding owners of Unit 1B without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the northeast corner of Unit 1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1B and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1B and 2A, as they may determine. C. Unit 1C. 1. Definition of Space. Unit 1C is located on the lower I~vel of the north side of the building along Iowa Avenue having gross area of 4,044 square feet being defined on the bottom by finish floor elevation of 670.00, on the top by ceiling elevation varying between 678.33 and 683.45 feet, and on the sides by the inside surfaces o-f walls defining the unit as shown on the attached plans. 2. Easements Appurtenant tb Unit 1C. The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on the plans to be the hallway leading from the southeast corner of the unit connecting to the entrance court from Gilbert Street, and over the entrance court itself. 3. Easements to which Unit Ownership is Subject. None. D. Unit 1D. 1. Definition of Space. Unit 1 D is located at street level of Gilbert Street at the northeast corner of the building. Unit 1D has gross area of 3,145 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall be entitled to an easement for ingress and egress to said unit over and across that portion of Unit 3 which is the hallway affording access to the southwesterly portion of Unit 1D and over and across that portion of the entrance court off of Gilbert Street leading to the southeasterly entrance of Unit 1D and to the entrance to the hallway described above. 3. Easement to which the Unit Ownership is Subject. None. E. Unit 1E. 1. Definition of Space. Unit 1E is located on the east side of the street level of the building along Gilbert Street, immediately adjacent to the south of the entrance court providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 4 2. Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance count off of Gilbert Street. 3. Easements. to Which Unit Ownership is Subject. None, F. Unit 1F. 1. Definition of Space. Unit'l F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface of the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly corner of the unit. The unit includes the parking gate equipment located therein. 2. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1F is an exclusive easement, existing for so long as Unit 1F is appurtenant to a public housing project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance, or is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in BOOk 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1F over and across the stairway and elevator (with associated lobbies) described in Paragraph 1, immediately above. 3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit 1F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1F. 4, Maintenance Responsibility for Stairway and Elevator, The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit 1F. The owner of Unit 1F shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1F has an access easement. The City shall indemnify and hold the owner of Unit 1F harmless from damages resulting from the City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. G. Unit 2A. 1. Definition of Space. Unit 2A is the commercial area located on the second full level at the west end of the building. Unit 2A has gross area of 7,674 square feet and is bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to 713.33 feet, and the inside surfaces of the exterior walls defining the area, not including the space labeled "Open to Below", (immediately below the clocktower) and excluding the elevator, stairway, and lobby area along the easterly side of the unit, and further excluding the stairways at the northeast and southeast corners of Unit 2A. 2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of ingress and egress over and across the entryway and stairway and elevators leading from the second level down into the exit court on the first level, and up to the parking levels. 3. Easements to which Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to Unit 2A, Appurtenant to Unit 2A, and therefore devolving to succeeding owner of Unit 2A without special reference to such rights appearing in the conveyance documents, are the following ownership rights, which are limited common elements of the condominium regime. a. An undivided one-half interest in each of the two stairways located at the northeast and southeast corners of Unit 2A, bounded on the bottom by the respective bottom elevations of Units 1A and 1 B, on the top by the top elevation of Unit ,2A and on the sides by the inside surfaces of the concrete walls defining the respective stairwells. Maintenance responsibilities shall be apportioned, in the case of the northeast stairway between the owners of Units 1B and 2A, and in the case of the southeast stairway, between 1A and 2A, as these respective sets of owners may, from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for either stairway. The doors from each stairway to the exterior shall be part of Unit 3, but shall be maintained, as to the north door by the owners of Units 1B and 2A, and as to the south door by the owners of Units 1A and 2A as they may respectively determine. H. Unit 3. 1. Definition of Space. Unit 3 is the public parking facility and shall consist of all part-s of the structure not specifically defined as lying within any of the other units or limited common elements. Unit 3 shall consist of all structural elements of the structure or limited common elements, including all walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. 2. Easements Appurtenant to Unit 3. The City reserves right of access over and across Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by the plans to be north of Unit 1F. 3. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the commercial units 1 A, 1 B and 2A over and across the exit court adjacent to Linn Street and the elevator stairway core immediately adjacent to the exit court providing access to the commercial spaces and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. I. Provisions Applicable to all Units (Except Unit 3) 1. Defining Surfaces of Units (Except Unit 3). 'The unit definitions above describe the boundaries of the various units (except Unit 3) to be the "inside surfaces" of the walls forming the units. Each of these walls is a poured concrete wall, such that the unit boundary is to be the surface of the wall closest to the unit being defined. Similarly, the floors and ceilings are formed by poured concrete surfaces, such that the horizo'ntal unit boundaries are the concrete surfaces of the floor and ceiling close to the unit being defined.' The implication of these definitions is that Unit :3 contains all concrete walls, floors and ceilings, but the individual units include all studs, drywall, subflooring, drop ceilings or other structural elements affixed to the concrete surfaces. 2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, due to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed. 3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (exCept Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit. 4. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1F and 2A may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: a. No division shall affect the exterior integrity of the structure without the express permission of the owner of Unit 3, as expressed by the City Manager or his designee. b. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. 8 5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of Condominium for Subdivision Purposes", which document shall contain the following provisions: a. A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. b. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1-A- 1 and Unit 1-A-2. c. An allocation of easements to which the'original unit is subject and which are appurtenant to the original unit among the respective subunits. d. An allocation among the proposed subunits of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit. e. Special Restrictions on the Subdivision of Unit 1 F. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. 6. Cross-Easements. Each unit is entitled to an easement over all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration. 7. References to the City, Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. ARTICLE III COMMON ELEMENTS A. General Common Elements. The general common elements of the condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". 3. The heating unit and cooling unit located within the Mechanical Room and associated ductwork from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. B. Basis of Allocation of Expenses Regarding Common Elements. 1. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: Units % nf F×pensP. 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions, C. Limited Common Elements. For description of limited common elements within this regime, see Articles IIA3, lIB3 and IIG4. 10 ARTICLE IV ADMINISTRATION OF COMMON ELEMENTS A. Council of Co-Owners. The body administering the common elements shall be .known as the Council of Co-Owners, composed of all owners of units in this regime with one membership with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect to that unit, except in the event of a unit having been sold by recorded installment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership rights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co- owners may determine among themselves. B. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: 1. For all issues concerning the common elements, except amendment of the declaration or termination of the regime: Units % nf Tntal Vnte 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% 11 2. For amendment of the declaration or termination of the regime: % nf Tntal Vnte 1A 2.4% 1B 2.5% 1C 1.8% 1D 1.4% 1E 0.5% 1F 6.8% 2 3.4% 3 81.2% This allocation represents the percentage ownership interest of the respective units in the common elements. D. Recordkeeping. The City shall keep the records of all the meetings of the Council of Co- Owners. E. Information Regarding Common Expenses. All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as p(ovided in Article III above and shall present statements for the same to the respective owners. F. Payment of Shared Common Expenses. Within 30 days of the receipt of the' statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declarant their respective shares of common expenses. G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B. 17 of the Code of Iowa (1999). H. Amendment to this Article. It is stated that amendment to this article, serving as by-laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 12 ARTICLE V MAINTENANCE RESPONSIBILITIES A. By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairways that are limited common elements appurtenant to Units 1 A, 1B and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1F in a manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. B. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shall be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpster may be placed in the public alley. Any individual owner who fails to maintain the dumpsters and dumpster areas in a safe, sanitary and serviceable manner shall pay the expenses incurred by the City in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. C. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. D. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities within Unit 1F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIF5. E. By Owners of Units 1 A, 1 B, 2A, 1 C, 1D and 1 E. 1. Each unit owner of Units 1 A, 1 B, 2A, 1C and 1 D shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City, provided that interior decorating may be performed without permission. No work on the exterior of the structure shall be permitted without the written permission of the City. 13 2. The owners of the units 1 A, 1 B, 2A, 1 C, 1 D and 1E may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with the appearance of the structure as expressed by the City Manager, or his designee. After permitted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. 3. The owners of Units 1 A, 1 B, 1 C, 1 D, and 1E shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. 4. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1E shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph V, C. 5. The owners of Units 1 A, 1 B, 2A, 1 C, 1D and 1E may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units. Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 14 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY A. Casualty Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for casualty insurance for any damage occurring within their respective units. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non-declarant owners as described in Article IVC2. A decision of the Declarant not to reconstruct must also receive the consent of all of the mortgagees of the non-declarant owners who have consented to the decision. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale. In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policies, or otherwise, as the owner may determine. C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. D. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single unit remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit, 15 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms. No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. B. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. C. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A may be made available under the parking policies from time to time adopted by the City. D. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. 2. The lease must provide that the leasee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease. The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. 3. No lease shall allow relocation of the entrance to Unit 1F from Gilbert Street or shall allow the use of Unit 1 F for short-term parking. 16 ARTICLE VIii TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime under Chapter 499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2. ARTICLE IX AMENDMENTS TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson County Recorder. Signed this day of , 2000. CITY OF IOWA CITY by: Mayor by: City Clerk STATE OF IOWA ) ) ss: COUNTY QF JOHNSON ) This instrument was acknowledged before me on this day of 2000, by , Mayor, and City Clerk of the City of Iowa City, respectively. Notary Public in and for said State of Iowa My commission expires: 17 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNIT,LOCATIONS 18 Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356~5013 RESOLUTION NO. 00-186 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2000, THROUGH JUNE 30, 2003. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereina~er the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 2000, through June 30, 2003, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the UniOn is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 16th day of May ,2000. ~.. ,~,r~,7~, · -w-,~, - pp, ed humanrel\unions\police~policeres.doc Resolution No. 00-186 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2000 TO JUNE 30, 2003 TABLE OF CONTENTS ARTICLE PAGE Preamble ...............................................................................................................................1 Article I -- Recognition ...........................................................................................................2 Article II -- Management Rights .........................................................................................:...2 Article III -- Check Off ............................................................................................................2 Article IV-- Union Business Agents .......................................................................................3 Article V -- Union Meetings ....................................................................................................3 Article VI -- Bulletin Boards ....................................................................................................3 Article VII -- Seniority .............................................................................................................4 Article VIII -- Daily and Weekly Hours of Work ......................................................................4 Article IX -- Overtime-Standby ...............................................................................................6 Article X -- Holidays ...............................................................................................................7 Article XI -- Vacations ............................................................................................................8 Article XII -- Sick Leave .........................................................................................................8 Article XIII -- Special Leaves .................................................................................................9 Article XIV -- Lay-Offs ............................................................................................................11 Article XV -- Training .............................................................................................................12 Article XVI -- Personnel Transactions - Rules .......................................................................12 Article XVII -- Watch Transfers ..............................................................................................13 Article XVIII -- Insurance ........................................................................................................13 Article XIX -- Equipment ........................................................................................................13 Article XX -- Weapons and Special Equipment .....................................................................14 Article XXI -- Adequate Facilities ...........................................................................................14 Article XXII -- Uniforms ..........................................................................................................15 Article XXIII -- Duty Outside the City .....................................................................................15 Article XXIV -- Supplemental Employment ............................................................................15 Article XXV -- Position Classification .....................................................................................16 Article XXVI -- Grievance Procedure .....................................................................................16 Article XXVI I -- Effective Period .............................................................................................19 Article XXVIII -- Compensation ..............................................................................................19 Article XXIX -- Public Emergency ..........................................................................................20 Article XY, X -- General Conditions 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE fi MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are, to be conducted and to develop and enforce rules of work and safety standards, g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall. be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter 5 (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. c. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Strai.qht Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. 6 ARTICLE IX OVERTIME- STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1¼) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Eclualization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). c. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (¼) hour immediately following his/her normal work day, or b. One additional on.e-half ('/~) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Years Day (January 1 ); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Years Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November I and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives n. inety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5 years and one day-10 years 1.25 10 years and one day-15 years 1.5 15 years and one day-20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the of~cer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE XII SICK LEA VE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (¼) of the officers then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial .probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis, A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctors statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. 9 (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEA VES Section 1. On-the-Job Iniurv. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled Officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Votin.q Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pre.qnancv Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE )('IV LA Y-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her houdy base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Adicle shall not be applicable to training programs artended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VIa schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation,. promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay four percent (4%) per month of the monthly premium (prorated for part-time employees) toward the cost of such coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. A R TICL E XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition, Section 3. The City will furnish a bullet-proof vest for each officer and will replace them as necessary, ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXil UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. c. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Upon submission of receipts by a plain clothes officer, the City will reimburse the officer for the actual cost of clothing up to six hundred ($600.00) per year of assignment and the City shall pay for cleaning of uniforms or plain clothes officer~s clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and fifty dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XX'III DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPL 0 YMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. 16 Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work, Permission to process grievances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. 17 e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supen/isor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step I conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall' consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chiefs Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the ChieFs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the 18 City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the padies. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise, These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2000, and shall continue through June 30, 2003. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION = Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three and one quarter percent (3.25%) at the beginning of the first fiscal year covered by this agreement; by three and one quarter percent (3.25%) at the beginning of the second fiscal year covered by this agreement; and by three and one quarter percent (3.25%) at the beginning of the third fiscal year covered by this agreement. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months .from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Lon.qevitv Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $300.00 10 years $450.00 15 years $600.00 20 years $750.00 25 years $1000.00 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive twenty-five (25) cents per hour on top of their normal wage for all hours worked from 3 20 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty (40) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. In the second and third year of this Agreement, officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. - Section 5. Special Duty Pay. Officers who are assigned to and performing K---9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, supplemental pay in the amount of five dollars ($5.00) per watch. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. A R TICL E XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chan.qes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre-Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 7. Parkin.q. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use 21 of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. CITY OF IOWA CITY POLICE LABOR RELATIONS BY' '~'~~" ' PReSIdENT ATrEST: ~h,,_~'~ ~- ~3 Date: May 16, 2000 Date: Unions\police\policecon .doc POLICE OFFICER PAY PLAN STEP 1 STEP2 STEP 3 STEP 4 STEP 5 12 MO. 18 MO. 36 MO. 54 MO. FY01 14.67 15.04 18.05 19.78 21.28 (June 24, 2000) 1,173.60 1,203.20 1,444o00 1,582.40 1,702.40 30,513.60 31,283.20 37,544.00 41,142.40 44,262.40 FY02 15.15 15.53 18.64 20.42 21.97 (July 7, 2001 ) 1,212.00 1,242.40 1,491.20 1,633.60 1,757.60 31,512.00 32,302.40 38,771.20 42,473.60 45,697.60 FY03 15.64 16.03 19.25 21.08 22.68 (July 6, 2000) 1,251.20 1,282.40 1,540.00 1,686.40 1,814.40 32,531.20 33,342.40 40,040.00 43,846.40 47, 174.40 humanrel\policepypln .doc SIDE LE~ER OF AGREEMENT BE~EEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage. provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be perfo~ on an outpatient basis must be perfoxed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of 'Substance Abuse his option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must sumit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY Oate TM Date: 'L, Y C)- OWA C Y CIVIC CEI',,arER 4'10 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (3'19) 356-5OOD April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section I and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Michael E. Gol President, PLRO-IC bj3/9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage cosines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copa:)nnents. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Inmmnizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient . Home and office vists · Semi-private room and board . One routine annual physical · Necessary services and supplies exam · Operating rooms, intensive care, . Pre-natal and post-natal care coronary and burn care units in physician's office · Delivery room for normal delivery, . In~unizations Caesarean secUon, miscarriage or Hospital visits and nursing admission for false labor facility visits · Necessary laboratory and x-ray services Outpati ent NERVOUS AND MENTAL 90/10 · Surgery Outpatient - gO/lO to $10,000 · Diagnosttc x-ray and laboratory Lifetime Maximum. services · Accident care SKILLED NURSING FACILITY 90/10 · Unlimited Room and Board HOME HEALTH CARE gO/lO . Services and supplies · Services provided by a Registered Nurse · Services prescribed by a physician THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These',other servtces are subject tO a $100 contract deductible per cal.endar year · Prescriptions Nutstrig Servtces · Anesthetics . Private-duty nursing servtces · B1 ood plasma · Casts Ambulance · Crutches . Air · Ourable medical equipment . Ground ·-Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT · Hospital - The Subscriber is responsible for the first two days of semi- private room and beard. Per Hospttal Admission. · Physician- The subscriber pays 10~ of the phystctan's Usual, Customary and Reasonable charges Including office calls. IOWA 500 coverage pays the remaining · Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year. for modtcal suppltes and services. These my tnclude prescription drugs, servtces of a Registered Nurse, ambulance services, home health care and braces· When the subscrtber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 1005 of all remaining charges· If the subscrtber's' expenditures for hospital, physician, and/or other servtces do not reach $500, the subscriber pays 10% of all remaining charges up to a total maxtmum expenditure of $500. (Outpatient treatment for nervous and mental conditions ts patti 90/10 co-payment untt] the $10,000 Ltfettme Maxtmum ts met. Co-payment for outpatient Nervous and t4ental does not apply to the out-of-pocket maxtmum. CARRYOVER OF DEDUCTZBLE Expenses for covered services incurred during the months of October, November and December and which are used to sattsfy that year's deductible can be used toward satisfying the next calendar year's deductible. 1 or 2 day 90%/10% $100 deductble Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides e variety of benefits but also encourages timely and effective dental maintenance. More than 80% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a "medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims*handling chores for you and your employees -- and raves valuable time and money. To provide · program to meet yourcompany's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Parentlye Maintenance benefit includes: · Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and pest-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. · Cast restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. Delta Dental Plan of iowa De|ta Dental Plan of Iowa I TE QUOTATION PLAH Program Benefits Deductible Copeyment SIngle/Family (Annual} [} Preventive Maintenance $ ' - % [~ Routine Restorative $ 25/75 50 % ~ Major Restorative $ " 50 % I"1 Dental Prosthetics $ % FI Periodontics $ % [] Orthodontics $ . % l'l Dependents to age __ [] Full-time students [] Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $_ per month These rates guaranteed for 3.2 months beginning on 7-1-85 (dale) if purchased by 7-:~-85 . (d~tel *Rates quoted here are based upon census information provided and acquiring and maintaining s sin'mum enrollment of 90~,~ of total eligible employees for the duration of the contract. · :Ton of coverage. h is not a $tatemeDaZZof contract. Actual coverage is subjec/t .to the terms and conditions specified in the contract itself Ind enrollment regulations in force v~en the contract becomes effective. Delta Dental Plan of Iowa MEMORANDUM OF AGREEMENT October 2, 1990 WHEREAS, the City of lows City end the Police Labor Relations Orgenlzation of iowa City have had · dispute concerning the proper Interpretation of certain provisions of their collective bargaining agreement, sped~calh/A~de XVII, Section 3; end WHEREAS. the parties desire to resolve their dispute by mutual agreement and without the necessity of erb~atlon; IT IS THEREFORE AGREED as follows: The phrase 'due regard for seniority' in Art/cle XV!I, Section 3, sh~l be Interpreted to have the same meaning as in Article XVII, Section 1. that Is, the decision to make Involuntary transfers shall be based on seniority provided. however, the Chief may make a transfer derision based on one or more of the following criteria: a, The ability and experience of ~ officer(s), b, 'The nature end type of work to be performed on the watch, c, The need for personnel having cedaln qualifications on said watch. when necessitated by departmental needs as determined by the Ch/ef, Keyin O. Prestega~d Ass~-tant City M ager President, Police Labor RelaUons Organization of Iowa City Date Date SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall otherwise apply prospectively only to situations .\, arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. / / 7" , City of iowa City, Iowa Police Labor Relations Organization mOr\es6t\court.eOt Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-].87 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Robert S. George filed a lawsuit against the City of Iowa City for injuries and damages he sustained on May 24, 1997, when he fell from his bicycle after riding through a pile of sand left on the roadway surface at Oakland Cemetery; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify this settlement, as provided by law, with payment to Robert S. George in the amount of $67,500 in full satisfaction of any and all claims he may have against the City in the above matter, and in consideration of Robert S. George's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-named litigation should be and is hereby settled, and said settlement previously discussed in executive session is hereby ratified, for the total sum of $67,500, payable to Robert S. George and his attorney of record, in full satisfaction of any and all claims. 2. The City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Robert S. George's execution of an appropriate release. 3. The Mayor is authorized to sign and the City Clerk to attest the attached settlement agreement. Passed and approved this 16th day of Nay ,20 00 ATTEST: - ' 2~. )¢.{/2 ) CI L~'~ Ci~ ~orne~'s Office Andy\res\george.doc Resolution No. 00-187 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT is entered into this 1{,o day of May, 2000, by and between Robert S. George ("George") and the City of Iowa City, Iowa ("the City"), RECITALS: WHEREAS, George was bicycling in Oakland Cemetery, a cemetery owned and operated by the City, on May 24, 1997, and WHEREAS, George sustained injuries as a result of a bicycle accident in Oakland Cemetery and initiated a lawsuit against the City in the Iowa District Court in and for Johnson County captioned Robert S. George vs. City of Iowa City, Iowa, Law No. LACV059894, and WHEREAS, the parties have reached a settlement of the above-mentioned case and wish to reduce same to writing. IT IS, THEREFORE, AGREED: 1. The above recitals are true and correct. 2. The City agrees to pay George an additional Sixty-seven Thousand Five Htmdred Dollars ($67,500) for his claim against the City in addition to previous payments made to him. 3. In exchange for the payment in the amount of Sixty-seven Thousand Five Hundred Dollars ($67,500), George hereby releases, acquits and forever discharges the City, its insurers, heirs, successors and assigns from any and all liability whatsoever, including all claims, demands and causes of action of every nature affecting him which he may have or ever claim to have had by reason of: a. An accident or event occurring in Oakland Cemetery on or about May 24, 1997; b. The facts and circumstances giving rise to Johnson County Law No. LACV059894; and c. Any matter related or derivative of paragraphs a and b above. 4. George acknowledges and agrees that: a. The above-mentioned release covers all injuries and damages, whether known or not and which may hereafter appear or develop arising from the matters mentioned above; b. The above-mentioned release is executed as a compromise settlement of a disputed claim, liability for which is expressly denied by the City, and the payment of the above sum does not constitute an admission of liability on the part of the City; c. George executes this release solely in reliance on his own knowledge, belief and judgment and not upon any representation made by the City or others in its behalf; and d. George is responsible for any subrogation claims made against the payments required hereunder. 5. The parties have read the foregoing release and understand its terms and freely and voluntarily sign the same. 6. This Agreement constitutes the entire agreement between George and the City and supersedes and subsumes any other promises or consideration to be paid. 2 7. Plaintiff agrees to dismiss Johnson County Case No. LACV059894 with prejudice. CITY OF IOW~ CITY, IOWA Ernest W. Lehrnan, Mayor ATTEST: Mariafi K. Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Onthis [~' dayofMay, 2000, beforeme, a Notary Public in and for the State of Iowa, personally appeared Robert S. George, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /&~ day of May, 2000, before me a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who, being by me duly swom did say they are the Mayor and City Clerk, respectively, of the 3 City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corp.oration,. and .that the ins. trument wa.s sign.ed ~an~l~e~er~d,.., on behalf of the corporation, by authority of ~ts City Council, as continned ~n' O]r~hnmxcc No. 00- ~, .~ passed by Resolution of the City Council under Roll Call No. of the City Council on the teo '~ day of ~h~ ,2000, and Emest W. Lehman and Marian K. Karr acknowledged the execution o nstrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa