HomeMy WebLinkAbout1995-03-28 AgendaIOWA CITY CiTY COUNCIL
AGENDA
REGULAR COUNCIL IVlEETING OF MARCH 28, 1995
7:30 P.IV].
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO, I -
ITEM NO. 2 -
ITEM NO, 3 -
ITENI NO. 4-
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - MARCH 28, 1995
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLL CALl,.,
SPECIAL PRESENTATIONS.
Presentation of Citizenship Awards to students of Roosevelt Elementary
School:
(1) Jung Eun Lee.
(2) Sosuke Matsui
(3) Yu~ Sun
MAYOR'S PROCLAN]ATIONS.
a. Daffodil Days - March 28-31, 1995.
b. Fair Housing Month - April 1995.
Child Abuse Prevention Month - April 1995.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a, Approval of Official Actions of the regular meeting of February 28,
1995, and the special meeting of March 7, 1995, as published, subject
to corrections, as recommended by the City Clerk.
b. 'Minutes of Boards and Commissions.
(1) Historic Preservation Commission meeting of February 14, 1995,
(2) Mayor's Youth Employment Board meeting of February 21, 1995.
(3) Parks and Recreation Commission meeting of March 1, 1995.
(4) Board of Appeals meeting of February 6, 1995.
(5) Airport Commission meeting of February 14, 1995.
(51 Senior Center Commission meeting of January 23, 1995.
(7) Senior Center Commission meeting of February 27, 1995,
(8) Planning and Zoning Commission meeting of March 2, 1995.
(9) Committee on Community Needs meeting of January 25, 1995.
(10) Board of Library Trustees meeting of February 23, 1995.
ITEM NO. 3 - MAYOR'S PROOL~t~L~TIONS.
a. Daffodil Days - March 28-31, 1995.
Horow/ If those who would like to accept this would please come
forward.
Ray Muston/ Mayor Horow, I get to speak but they are going to come
forward. I am accompanied by Anne Hesse and Jana Egeland. Jana
is the Executive Director of the Johnson County Cancer Society
and Anne Hesse is working very hard with about 75 friends and
neighbors of Iowa City to deliver 50,000 daffodils tomorrow
morning throughout the city. Spring has come and we wanted to
than all of you for sharing this proclamation. It is for all
of the people of Johnson County and all of the survivors of
cancer and those in the future that will enjoy good health
because of this program. To be the first to enjoy a fresh
bouquet of daffodils, sharing them with your friends. They are
not blossoming yet but they will, I can assure you, in the
next 24 hours. We thank you very much and for all of those in
Iowa City that would like to share in this breath of fresh
spring tomorrow, they will be available at First National
Bank, Mercy Hospital cafeteria, Iowa City Tennis and Fitness
Center and the University Hospital main lobby. We are grateful
to you and we are grateful for all the people of Iowa City to
make this generous contribution.
Horow/ Thank you, Ray, very much. I appreciate that.
This represents only a reasonably accurate transcription ofthelowa Citycouncil meeting of March 28,1995.
F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 2
(11 ) Broadband Telecommunications Commission meeting of February
20, 1995.
(12) Design Review Committee meeting of February 13, 1995.
(13) Design Review Committee meeting of March 20, 1995.
c. Permit Motions and Resolutions as R(~ommended by the City Clerk.
(1) Consider a motion approving a Class "C" Liquor License for Ranger
Enterprises, Inc. dba The Deadwood, 6 S. Dubuque St. (Renewal)
(2) Consider a motion approving a Class "C" Liquor License for Sports
Column Corp., dba Sports Column, 12 S. Dubuque St. (Renewal)
(3) Consider a motion approving a Class "C" Liquor License for Kitty
Hawk Co., Inc., dba The Kitty Hawk, 1012 Gilbert Ct. (Renewal)
(4)
Consider a motion approving a Class "B" Beer Permit for M & T
Investments, Inc., dba Happy Joe's Pizza and Ice Cream Parlor,
225 S. Gilbert St. (Renewal)
(5)
Consider a motion approving a Class "C" Liquor License for First
Avenue Club, Inc., dba First Avenue Club, 1550 First Avenue.
(New)
(6)
Consider a resolution issuing a Dancing Permit to First Avenue
Club, 1550 1st Ave.
(7)
Consider a resolution issuing Cigarette Permit to Joe's Place, 115
Iowa Ave.
d. Setting Public Hearings.
(1)
CONSIDER SETTING A PUBLIC HEARING ON APRIL 25, 1995,
RELATIVE TO AN APPLICATION FOR RENTAL VOUCHERS AND
CERTIFICATES AND REPLACENIENT VOUCHERS/CERTIFICATES
FOR PORTABILITY.
Comment: Paragraph 403A.28, State Code of Iowa requires this
Public Hearing prior to undertaking housing projects. The Iowa
City Housing Authority proposes to apply for a total of 46 units of
Section 8 Vouchers and Certificates and 9 portability vouchers and
certificates under a Notice of Funding Availability published by the
Department of Housing and Urban Development on March 3,
1995.
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 3
(2)
CONSIDER SETTING A PUBLIC HEARING FOR APRIL 11, 1995,
TO RECEIVE COMMENTS ON IOWA ClTY'S CONSOLIDATED
PLAN FOR FY1995-FY2000 (AKA CITY STEPS).
Comment: As required b~/HUD, the City must prepare and submit
a Consolidated Plan. This will serve as the City's plan for serving
the needs of low income residents for the next five years. The 30
day public comment period for CITY STEPS begins on March 28,
1995. Comments may be made at any time during that period, as
well as at the public hearing.
e. Motions.
(1)
CONSIDER A IVIOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OE 96,445,697.56 FOR THE PERIOD OF FEBRUARY 1
THROUGH FEBRUARY 28, 1995, AS RECOMIVlENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT.
f. Resolutions.
(1) CONSIDER A RESOLUTION ACCEPTING WORK FOR THE CIVIC
CENTER POLICE DEPARTMENT LOWER LEVEL REIVIODELING.
Comment: See Architect's Report.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A PROI~ISSORY NOTE FOR PROPERTY LOCATED AT
613 RONALDS STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 613 Ronalds
Street received rehabilitation assistance through Community
Development Block Grant funds on June 4, 1993. The financing
was represented by a Promissory Note and a Mortgage for
t~8,200. On March 27, 1995 new loan instruments were signed
and financed in the amount of 99,539.04 and these have been
recorded. The original loan instruments can now be released.
g. Correspondence
(1) Letter from Mayor Grover of Solon, Iowa, expressing the support
of the Solon City Council for local option sales tax.
(2)
Letter from the State Historical Society of Iowa regarding the
acceptance of St. Mary's Rectory for nomination to the National
Register of Historic Places.
(3) Letter from James E. Clayton regarding sidewalk cafe ordinance.
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 4
(4) Letter from Morgan Jones regarding the expansion of the intersec-
tion of First Avenue and Muscatine.
(5) Letter from Jane Klitzka of the Grant Wood Neighborhood
Association regarding th~ East Loop Bus Route.
(6) Letter from Ernie Galer of the Home Builders Association of Iowa
City regarding suggestion to reduce solid waste in tha landfill,
(7) Letter from E. Lucile Miller regarding sidewalk cafes.
(8) Letter from Nila Haug requesting mediation of a dispute.
(9) Letter from Laurie Robinson of the Johnson County Historical
Society regarding funding.
(10) Letter from Rod Sullivan regarding citizen participation.
(11) Letter from Robert G. Dostal regarding refuse disposal.
(12) Memorandum from the Civil Service Commission submitting a
certified list of applicants for the position of Maintenance Worker
I - Senior Center.
APPLICATIONS FOR THE USE OF STREETS AND PUBLIC GROUNDS.
(1) Application from Lefler-Quantum Cycling Club to have a bicycle
race on April 30, 1995. (approved)
(2) Application from Pat Gingrich to have the Johnson County CROP
Walk on April 9, 1995. (approved)
(3) Application from Perry Johnson, River Fest Commission, to have
the River Run on April 23, 1995. (approved)
(4) Application from the March of Dimes Birth Defects Foundation to
have the March of Dimes Walk America on May 7, 1995. (ap-
proved)
ITEM NO. 5 -
END OF CONSENT CALENDAR --
PUBLIC DISCUSSION (ITEIVlS NOT ON THE AGENDA).
#4 Consent Calendar page 1
ITEM NO. 4 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Horow/ Moved by Kubby, seconded by Nov. The calendar has been
amended by adding #14 Rules Committee minutes as amended. This
pertains to item #24 farther on in our packet. Is there any
' 9
discussion.
Roll call (yes). Okay.
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ITEM NO. $ ~ PUBLIC DISCUSSION (ITF/4S NOT ON THE AGENDA).
Horow/ Public discussion. This is the point in time where anyone
who wished to address council on an issue that is not on the
agenda, please feel free to come forward, sign in, let us have
your name and we would ask you to keep your comments to five
minutes.
Larry Quigley/ About a year and a half ago I came here to talk
about accessibility d.t. and at that time I wanted the city
council to look at ways of making businesses d.t. accessible.
Specifically I was talking about ramps for steps that are 6
inches or 8 inches as one step. Then we looked into an
easement procedure and that was worked out so businesses can
apply for an easement procedure to put the ramp on the
sidewalk. At that time I specifically was targeting a few
businesses d.t. and one of those businesses has been bought by
I believe Gary Ambrose or Jerry and that use to be the Texas
Steak Company and the Metro and there has been renovations.
Each time that has been bought there has been renovations and
still has not been a ramp put in or an easement, as far as I
know, applied for. And now he is planning I understand
$200,000 in renovations and he is not planning on making the
front entrance accessible and he has submitted to the city
council a letter that states he would like them to consider
redoing the sidewalk along that block to raise it up to the
level so that maybe 3-4 businesses in that area would actually
have street access without the need for ramps. So that is the
outline. I guess I what I would like to say is I would like to
encourage whoever is going to be involved, whether it is the
Building Inspector Ron Boose because I talked to him today. Or
whether the Assistant City Manager, city council members, or
the City Attorney, that I would like to encourage them to come
to a solution to deal with this issue. I am not opposed to
raising the sidewalk. At the same time, $200,000 is a lot of
money in renovations to not do the accessible entrance. So
regardless of that I just hope that we can make that entrance
accessible. That that should be the goal and if the owner
wants to do an easement, a sidewalk, and that is all we can
get, that is what we need. We need to be able to go into that
business. So that is the reason I am here.
Kubby/ Have you seen any movement at the Airliner?
Quigley/ No, have you?
Kubby/ I haven't been by.
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Nov/ Didn't-did they have anything?
Kubby/ No but they had made a commitment in March and March is
quickly-
Quigley/ Randy Larson sent me a letter stating that he is not going
to put a ramp in but make the entrance level in March if
weather permitted.
Kubby/ I think he has been kind of busy. He is not blaming the
concrete I assume.
Quigley/ (can't hear).
Kubby/ Thanks, Larry.
Pigott/ Thanks, Larry.
Horow/ Thanks, Larry.
Pigott/ I
them.
that?
was just wondering if we have received a letter from
What are the next steps in terms of consideration along
Arkins/ I recall the letter, Bruno, and I don't know the specifics
of it. I'll will find out the status and we will report back
to you and'let you know what is going on.
Horow/ The letter came in before an informal meeting in which we
had a full agenda and it was to be kind of bumped to the next
meeting. I neglected to put it on last night.
Throg/ To raise the sidewalk.
Horow/ Well,'it called for looking at Iowa Avenue.
Atkins/ There was a number- I think the biggest issue was trying to
get that particular restaurant and the other property owners
to come to some agreement on the sidewalk elevation. I just
don't recall the specifics. I will get something back to you
and I will let Larry know.
Nov/ Sounds like an assessment project.
Horow/ Anyone else that would care to address council on an issue
'on the agenda?
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John
Lehman/ I am the Student Body President of the University of
Iowa and.I am here to introduce to the city council and the
citizens of Iowa City the new Student Body President and Vice
President of the University of Iowa. The President is Tim
Williams. He is a junior from Naperville, Illinois and he is
majoring in communications and his Vice President is Jeremy
Johnson who is also a junior majoring in political science and
philosophy.
Throg/ Great.
Nov/ Welcome.
Pigott/ Congratulations on your elections.
Throg/ Inauguration Saturday night.
Lehman/ Inauguration is Saturday night. I want to invite the city
council to come to the inauguration. It should be a nicer
event and after that we are going to have a reception at the
Wheelroom in the IMU and it is a good way to mingle.
Pigott/ What time is that inauguration and where is it?
Lehman/ The inauguration is at 6:30 in the Old Capitol Senate
Chambers and immediately following at the Wheelroom in the
Union. So it is going to be for a couple of hours and there
will be a punch and chips and crackers. So if you want to show
up that would be great. And I just want to thank the city
council for helping bridge the gap between the students and
the city this year and I hope that in the future with Tim's
administration that we will be able to further this along.
This is my last week of being President and Gretchen and I
wish you the best.
Pigott/ Thanks for a good job.
Horow/ Thank you very much for the courtesy of bringing your
successors here and we welcome you and look forward to working
with you.
Throg/ John, I must admit I am really distressed because we had a
phone conversation a couple of days ago when you said that you
probably wouldn't be able to get the new president and vice
president in for a few more weeks. What is the story, John?
Lehman/ I wanted to get it done quick because this is my last week,
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so- I am going to graduate, hopefully.
Throg/ I would 11ke to say I admire your effort, John, to try to
connect the city council with the student body student
association. You have done a terrific job.
Horow/ Good luck in your future. Anyone else care to address
council on any issues?
Thls represents only a reasonably accurate transcription orthoIowa Citycouncil meeting of March 28, 1995.
F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 5
ITEM NO. 6 - PLANNING AND ZONING IVlATTI.:RS,
Consider setting a public hc;aring for April 11, 1995, on an ordinance
conditionally amending theuse regulations of approximately 34.21 acres
located west of Taft Avenue 'along Court Street extended from RS-5,
Low Density Single-Family Residential, to CN-I, Neighborhood Commer-
cial (6.93 acres), RM-12, Low Density Multi-Family Residential (12
acres), and RS-8, Medium Oensity Single-Family Residential (8.14 and
7.14 acres).
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commissi~)n, by a vote of 5-0, recommended approval of a rezoning
application submitted by.~W[.n. dsor Rid~ge Development Company, subject
to certain conditions. The CommissioNs recommendation is consistent
with the staff recommendation.
Action: ~_~/_z.~'~..2//~./.~,~'/)L
Consider setting a public hearing for April 11, 1995, on an ordinance
amending City Code Title 14, Chapter 5, entitled "Building and Housing,"
Article H, entitled "Site Plan Review," by adopting design standards for
exterior stairwells and exterior corridors on multi-family residential
buildings.
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 4-1 with Jakobsen voting no, recommended
approval of an ordinance adopting design guidelines for exterior
stairwells and exterior corridors on multi-family residential buildings. The
Commission's recommendation is generally consistent with the staff
recommendation.
Action:
Consider setting a public hearing for April 11, 1995, on an ordinance
amending City Code Title 14, Chapter 6, entitled "Zoning," Article N,
entitled, "Off Street Parking and Loading," to reduce the amount of
required off-street parking spaces and amend the parking area design
standards in the CN-1, Neighborhood Commercial zone.
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended adoption of ordinance
amendments to reduce the amount of off-street parking spaces required
in the CN-1 zone. The Commission's recommendation is generally
consistent with the staff recommendation on this item.
Action:
#6b page 1
ITF~ NO.
Consider setting a public hearing for April 11,
1995, on an ordinance amending City Code Title 14,
Chapter 5, entitled "Building and Housing," Article
H, entitled "Site Plan Review," by adopting design
standards for exterior stairwells and exterior
corridors on multi-family residential buildings.
Horow/ Moved by Nov, seconded by Lehman. Any discussion?
Baker/ Yeah, Sue, did I read somewhere that the Board of Appeals is
opposed to this particular amendment?
Throg/ Yes.
Baker/ Would it be possible to ask somebody from that board to come
down specifically to talk to us about that.
Horow/ Okay. Bob, would you take a note to do that. Thanks.
Nov/ Bob, would you also bring the photographs or slides because I
read the minutes and found out that these co~missions did have
something to look at when they said no.
Miklo/ We can present that to you at your Monday meeting.
Nov/ Thank you.
Horow/ Any other discussion? All those in favor signify by saying
ay~ (ayes).
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#6c page 1
Consider setting a public hearing for April 11,
1995, on an ordinance amending City Code Title 14,
Chapter 6, entitled "Zoning," Article N, entitled,
"Off Street Parking and Loading,', to reduce the
amount of required off-street parking spaces and
amend the parking area design standards in the CN-
1, Neighborhood Commercial zone.
Horow/ Moved by Pigott, seconded by Throg. Any discussion?
Throg/ I am very happy to see this.
Horow/ All those in favor signify by saying aye (ayes).
Thisrepresents only areasonably accuratetranscription of ~elowa City coundl meeting of March28,1995.
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Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 6
Public hearing on an ordinance establishing the Moffitt Cottage Historic
District for property located between Muscatine Avenue and Ralston
Creek, north of Court Street.
Comment: At its February 16,' 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of an ordinance
designating the.Moffitt Cottage Historic District as an Iowa City Historic
District. The Commission's recommendation is consistent with the
Historic Preservation Commission's recommendation.
Action:
Public hearing on an ordinance amending Title 14, Chapter 6, entitled
"Zoning," of the City Code by revising Article L, entitled "Provisional
Uses and Special Exceptions," Section 1M, entitled "Neighborhood
Centers," to repeal the access requirement for neighborhood centers.
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of an ordinance
repealing the provision that neighborhood centers shall be located with
access to arterial and collector streets. The Commission's recommenda-
tion is consistent with the staff recommendation set forth in the staff
memorandum dated March 2, 1995. In letters dated February 14, 1995,
and February 23, 1995, expedited consideration of this item was
requested by the City Community Development Division and the Board
of Neighborhood Centers of Johnson County, respectively.
Consider an ordinance amending the Conditional Zoning Agreement for
1069 Highway 1 (Westport Plaza) to allow an additional freestanding
pylon sign. (REZ95-0002) (First consideration)
Comment: At its February 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended denial of the proposed
amendment to the Westport Plaza Conditiorfal Zoning Agreement. In a
letter dated February 8, 1995, the applicant requested that this item be
considered by the City Council. The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated February 21, 1995. Comments were received at
the Council's March 7, 1995, public hearing on this item.
Action:
#6d page 1
ITEM ~Oo
Public hearing on an ordinance establishing the
Moffitt Cottage Historic District for property
located between Muscatine Avenue and Ralston Creek,
north of Court Street.
Horow/ Declare the p.h. open. I ask you to sign in and keep your
comments to about five minutes please.
Doug
Russell/ Mayor Horow and councilors. I am the Chair of HP
Commission. Excuse my voice which is the tail end of a cold.
Very briefly I want to give you an introduction to this
proposed very small historic district. The five Moffitt
cottages at this location were placed on the National Register
of Historic Places in May, 1993, which connotes they received
the support and affirmative vote of the State Historical
Society. The district meets all the criteria outlined for an
Iowa City Historic District. The commission in presenting the
issue to you contacted all of the property owners by letter
last October and received three favorable replys for the five
homeowners. We had an informal block meeting in December which
was attended by one of the homeowners who was in favor. We
held a formal p.h. on the matter on January 26, 1995 pursuant
to the City Ordinance and no one spoke against the proposal.
The matter went to the P/Z Commission on February 16 where
there was no public dissent and they was a 6-0 affirmative
vote by the P/Z Commission. P/Z received a letter from the
Longfellow Neighborhood Association which enthusiastically
supported the proposal. The Commission are aware that these
are not the grandest Moffitt houses in Iowa City. They are not
in the ideal location perhaps for English country cottages.
But they are notable and they are the largest group of Moffitt
buildings side by side and the present Historic Preservation
Statute requires that for a district properties be contiguous.
With the landmark ordinance in effect we hope, with your
approval later this year, we would be able to recognize some
additional Moffitt houses. We do feel though at this time this
is an appropriate step to take and the Commission and the
neighbors would appreciate your support in approving this
small but important historic district. I would be glad to
answer questions if you have them.
Pigott/ Doug, I have one question. I noticed one of them is for
sale. What happens if a person-let's say we go through the
process and it is sold to someone after we have created a
historic district. How are they notified? The new owner is
notified. What is the process?
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#6d page 2
Russell/ The Preservation Commission has a process that keeps its
eyes open for property changes in historic districts. When
they are made aware of a property transfer, we send a letter
with a packet of materials to the new owner telling them that
they are in a historic district and providing information
about the guidelines for renovations and who they may contact
with their questions. I believe that it is generally part of
the sales discussions that the property is in a historic
district. generally that is considered a selling point for the
sellers. But we do have ~ process so that if they purchase the
property unaware, we would contact them. We have been doi~%g
that on Brown Street with some recent changes.
Kubby/ So there is nothing in the actual legal documents with the
County about that says so a lawyer in a sales transaction
would find that?
Russell/ It is
record and
that.
in the Zoning Ordinance so it would
lawyers doing a title opinion would
be a public
be aware of
Horow/ Thank you for your work on this.
Russell/ Thank you very much.
Horow/ Anyone else care to address council on this issue? Declare
the p.h. closed.
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ITEM NO. 6f.
Consider an ordinance amending the Conditional
Zoning Agreement for 1069 Highway 1 (Westport
Plaza) to allow an additional freestanding pylon
sign. (REZ95-0002) (First consideration)
Horow/ Moved by Nov, seconded by Kubby. Any discussion.
Baker/ 'Madam Mayor, I assume we are-I don't want to assume
anything. I am not going to vote for this. I think the process
is very clear. People came in late. We have a very restrictive
sign covenant for that piece of property and I see no reason
to increase the signage in that area on that highway. One
point of clarification. Is the state law in affect about there
is a $3.00 maximum for gratuities to elected officials. Is
that still in affect?
Woito/ Yes.
Arkins/ $2.99.
Woito/ Per day..
Baker/ $2.00 per day?
Woito/ Per calendar day.
Baker/ I just want to get that clear so I am not misunderstood. I
am very excited to have Red Lobster coming to Iowa Cit~. And
I will give them a plug. They are opening May 15 and you won't
know because they don't have a sign, obviously.
Pigott/ Drive by. You will see it very clear.
Baker/ It is next to the Wal-Mart and it looks like a giant lobster
and it is going to be a very nice addition to Iowa City even
without the additional signage.
Lehman/ And they are paying $2.99 a day to say that, right?
Baker/ That is right, $2.99. That is it.
Lehman/ Susan, I guess, I mentioned this last meeting. These folks
knew before they started building that building what the
regulations were. And I feel that it is unfair to this body to
come in after investing that kind of money and say look, we
have invested all of this money, we need a sign. And I think
that is really unfair and I will be voting against it.
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Nov/
I will be voting against it also and maybe I think it is
unfair to defy, that is the wrong word, to ignore a
~conditlonal zoning agreement with these kinds of covenants.
It's is not nice. It is an insult to the people who have moved
in already, who have followed these covenants and besides, it
is not needed. They can have a sign without any particular
changes that we might make.
Horow/ Anybody else have any other discussion? Roll call- (no).
Okay. The ordinance is not adopted.
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 7
go
Consider an ordinance conditionally amending the use regulations of
approximately 13.09 acres located at 655 Meadow Street from RM-12,
Low Density Multi-Family Residential, and RS-5, Low Density S. ingle-
Family Residential, to RS-8, Medium Density Single-Family Residential.
(REZ94-0020) (Second consideration)
ITEM NO. 7 -
Comment: At its February 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the requested
rezoning from RM-12 and RS-5 to RS-8, subject to three conditions.
The Commission's recommendation is consistent with the staff
recommendation contained in the staff report dated January 19, 1995.
A protest petition representing the owners of 20% of the property with
200 feet has been submitted and thus a three-fourths (six of seven
members) vote of the Council is required to approve this rezoning.
Public comments were received at the February 28 and March 7, 1995,
public hearings on this item.
Action:
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH SUMMIT ALLEY
EMBANKMENT IMPROVEMENT PROJECT,
Comment: This project involves re-grading of an embankment along tl~e alley
south of North Dodge Street between Governor and North Summit Streets.
The estimated cost of construction is ~20,000. This project will be funded
by Road Use Tax Funding.
Action:
ITEM NO. 8 -
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT 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 AT 10:30 A.M. ON APRIL
18, 1995.
Comment:
Action:
See comment above.
#6g page
ITEM NO. 6g.
Consider an ordinance conditionally amending the
use regulations of approximately 13.09 acres
located at 655 Meadow Street from RM-12, Low
Density Multi-Family Residential, and RS-5, Low
Density Single-Family Residential, to RS-8, Medium
Density Single-Family Residential. (REZ94-0020)
(Second consideration)
Horow/ Moved by Pigott, seconded by Lehman. Discussion.
Kubby/ Bob, will you outline briefly the three conditions? I think
it is important when we are going to vote on something that
cause conditions that they are outlined.
Miklo/ The conditions limit the number of dwelling units to be
built on the site to a maximum of 72. The conditions also
require that the floodplain be dedicated to the city for
maintenance and also for possible trail system and the
condition-
Kubby/ The $5,000.
Miklo/ The fourth condition is the contribution to the construction
of the trail in the amount of $5,000.
Kubby/ ~hanks.
Horow/ Any further discussion?
Kubby/ I mentioned this last night and I guess I want to reinforce
it because I think it was staff's understanding and the
developer's understanding and P/Z's understanding that 72 kind
of was the number of units. After discussion among council we
wanted 72 to be the maximum number of units which means when
the plat comes in we may be discussing or trying to negotiate
a lower number and I think that is important to clarify as
well and we changed the language to make that more clear.
Lehman/ I don't necessarily agree. I think 72 is the max. I am not
sure that a lesser number is desirable. It is the max.
Kubby/ It is a point of discussion.
Pigott/ Yes it is.
Baker/ And I certainly don't mind starting the discussion.
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Horow/ Okay, any further discussion? Roll call-(yeS) o Okay,
ordinance passes second consideration.
the
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F032895
page 1
ITEM NO. 8 -
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT
IMPROVEMENT 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 AT 10:30 A.M. ON
APRIL 18, 1995o
Horow/ Moved by Pigott,seconded by Nov. Any discussion?
Kubby/ I will be voting for this although this project is-the need
for the project is a result of one particular property owner's
behavior along the alley which caused some problems down the
slope and I really think they should be helping us pay for
this. I am not quite sure why we are not forcing the issue.
Well, I think I do know why. I just can't get passed it that
they caused it and it is costing everybody, the tx payers
money. To not even have them share the cost of this. but
because it has caused such damage and to prevent further
damage it is important that we take care of this.
Pigott/ I think that is the key. For me it is anyway.
Kubby/ It is the key point but the key-you know in our society,
talking about people taking responsibility for their behavior.
You know, this is a big ticket item and I wouldn't mind if
they could only pay $50 a month or whatever. If they could
pay at least have some contribution and consequence to their
behavior. I am glad we are doing this. It is designed in a way
to really prevent further destruction because the incident.
Baker/ Karen, is the problem is that just legally we cannot enforce
or bill them for this or assess them for this?
Woito/ Do you want the explanation?
Kubby/ Yeah, I think it would be good.
Woito/ The Cliff's version.
Baker/ The Cliff's version, yeah.
Woito/ Some years ago there were problems with the alley and our
Engineering Division gave the property owners permission to do
some improvement and that sort of got out of hand and at least
part of our own acquiesces in not stepping in trying to cure
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the problem earlier. It is easier for us to-
Baker/ And how long ago was that?
Woito/ That occurred in '89 when I first came back.
Kubby/ Because I understand we might
responsibility I am willing to support
way it is coming down unfortunately.
Horow/ Any further
adopted.
have some partial
some cost but not the
discussion? Roll call-(yes).. Resolution is
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 8
ITEM NO. 9-
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF A PUMP TEST/PRODUCTION
WELL, A PRO DUCTION WELL, AND OBSERVATION WELLS IN THE SILURIAN
AQUIFER AT THE WATER FACILITY SITE.
Comment: This work involves a two-phased approach for constructing the
Silurian wells at the Water Facility Site. Phase one includes construction of
the Silurian well at the northwest corner of the site, constructing the
observation wells, and performing a pump test. Phase two involves
construction of the Silurian well at the southerly end of the site. This work
will be financed with water revenues. The estimated cost of construction is
$214,500.
Action:
ITEM N0.10-
95 ~ 5~
ITEMNO. 11-
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A
PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL, AND OBSER-
VATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY SITE,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M. ON APRIL
18, 1995.
Comment: See Comment above.
Action: '~ ~,, ~,~.. 2/(~/. j~,.~_~-
PUBLIC HEARING ON THE ISSUANCE OF $2,535,000 PARKING SYSTEM
REVENUE BONDS TO REFUND THE 1985 PARKING REVENUE BOND ISSUE.
Comment: This public hearing is being held to receive public comment on the
issuance of not to exceed $2,535,000 Parking System Revenue Bonds to
provide funds to pay costs of refunding the outstanding 1985 Parking System
Revenue Bonds. This will be a taxable bond issue. Estimated savings to the
Parking Fund is $150,000. The final maturity date is in FY2003.
Action: ~,~£~ ~,~,,~.~
#11 page 1
ITEM NOo 11
PUBLIC HEARING ON THE ISSUANCE OF $2t535,000
PARKINS EYET~( REVENUE BONDS TO REFUND THE 1985
PARKING REVENUE BOND ISSUE.
Horow/ Declare the p.h. open.
Dave
Dirks/ Mayor and members of council. With Evenson-Dodge. I
believe you have received two of these documents. This is the
first one relating to the parking revenue bond. The refunding,
as indicated, that we have excellent market receptance. Two
things that I should say. The city was able to be fortunate in
maintaining its A rating on the parking revenue bond which is
indicative of the excellent financial condition of that
portion of your overall operation. We received seven bids
which is unusual for a taxable issue of this kind. And it
shows good market interest and is also respective of the
quality of the issue. The low bid was the of Griffin Kubick,
et al, of Chicago at 7.532327%. The important thing that is
contained in there is that the total debt service savings
because of some market improvement from when we first looked
at this and recommended it to council has been $247,000 rather
than the $147,000 that we were looking at. So-
Kubby/ Can you explain why the percentage is so much higher than
for GO Bond? I know our rating is different.
Dirks/ Because it is taxable.
Baker/ Is an A rating the best rating on this kind of bond?
Dirks/ Conceivably you could do higher. The city has had lower
ratings in the past on their parking revenue bonds and I know
this refunding is the refunding of a previous refunding of an
original issue that was done. And when we originally did the
issue I believe the city was tinkering around the BAA 1
Category and then was able to through a more concentrated cash
management in the system to upgrade their rating. This is a
very good rating. We would like to see and I have talked with
the rating service. What they would like to see enhance the
condition of the parking revenue or parking utility and see
what would enhance, in their minds, what would lead to a
higher rating. As Steve will advise you, had the folks from
Moody's in here eight months ago, I guess, and we looked at
the entire city and we talked about these things. They like to
see stronger numbers than perhaps most folks would like to see
keep contained in their parking system. But you have two times
coverage on your debt. Just an excellent condition.
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Kubby/ When you say refunding it is like refinancing your house
because the interest rates are so much better.
Baker/ There are some of these bonds that you would only refinance
once.
Dirks/ Correct. Those are bonds issued since '86. The original
issue on this was back in '78 I believe and so it would be
beyond that.
Horow/ Very interesting. Thanks. Anyone else that cares to address?
Declare the p.h. closed,
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 9
ITEM NO. 1 2 -
_.
CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDI-
TIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,535,000
PARKING SYSTEM REVENUE BONDS.
ITEM N0.13-
Comment: This resolution allows the City to institute proceedings and take
additional action for the sale and issuance in the manner required by law of
not to exceed $2,535,000 Perking System Revenue Bonds to refund the
1985 Parking Revenue Bond issue.
CONSIDER A RESOLUTION DIRECTING SALE OF NOT 'TO EXCEED
$2,535,000 TAXABLE PARKING SYSTEM REVENUE BONDS AND RATIFY-
ING PUBLICATION OF NOTICE OF BOND SALE,
Comment: Sealed bids on the sale of these bonds were received at 12:00
noon on March 28, 1995, This resolution ratifies and confirms the actions
of the Finance Director in the determination of the most favorable bid, A
completed resolution will be presented to the City Council at the formal
meeting the evening of March 28, 1995.
Action:
?_5_; ~ I
ITEM N0.14-
CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED $2,535,000
TAXABLE PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA
CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND
PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS.
Comment: This resolution provides final authorization for the issuance of the
Bonds to refund the 1985 Parking Revenue Bond issue.
Action:
ITEM NO. 15-
ANNOUNCEMENT OF VACANCIES,
a. '~ly Announced Vacancies,
(1) C.o ,"m~.ittee on Community Nee~ls'c- One vacancy to fill an unex-
P_i~ed te'~. ending Novembe..9~, 1995. (MaryAnn Dennis resigned,)
This appoint~he.q~t will~.be"'made at the April 11, 1995, meeting of
theC/CY ouncil,~]:l~.~..m ales and 4 males currently on the Commit-
#13 page
ITF~ NO. 13 -
CONSIDER A RESOLUTION DIRECTING SALE OF NOT TO
EXCEED $2t535t000 TAXABLE PARKING SYSTEM REVENUE
BONDS AND RATIFYING PUBLICATION OF NOTICS OF BOND
SALE.
Horow/ Moved by Lehman, seconded by Nov. Discussion.
Nov/ We need three resolutions for all of these.
Horow/ Roll call-(yes). Resolution is adopted.
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 10
ITEM NO. 16 - CITY COUNCIL APPOINTMENTS,
(1)
Consider an appointment to the Animal Control Advisory Board for a
three-year term ending April 5, 1998. (Janice Becker's term ends.) (2
females and 2 males presently serving on Board.)
Consider recommendation of Project GREEN that Bernie Knight be
reappointed as Trustee of the Green Fund for a three-year term ending
March 1, 1998.
Action:
ITEM NO. 17 - CITY COUNCIL INFORMATION.
ITEM NO, 18 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney,
#17 page 1
ITEM NO. 17 - CITY COUNCIL INFORMATION.
Horow/ City Council Information.
Kubby/ I had a couple of items. One is since there was so much
press about many of us going to Washington, D.C. I guess I
thought it was really important to make a brief report about
what I did on my trip. First I want to thank the people that
we work for,people out there, for allowing us to go. It is a
thing that I have done most of the years that I have been on
council. It is interesting that there hasn't been much
publicity about it in the past because it is really a fruitful
trip. I attended a pre-conference seminar and lots of
workshops on labor issues, environmental concerns and besides
the specific information about what is going on nationally
that affects communities. both cities and towns, was the
networking that goes on there. I went two different
constituency group meetings that is kind of a structured form
of networking. Many of us attended the University Communities
Constituency Group where usually we end up talking about
alcohol issues, parking and high rents. That is the theme that
happens every year. We met some people there with very good
connection. Some of us may end up taking a trip to Boulder
through a friendship that we developed at that meeting. We had
a very good time and got some good information explained. The
other constituency group I attended was the Gay, Lesbian and
Bisexual Local Elected Constituency Group. And that was really
interesting to go to as well. Talking about different human
rights issues in terms of gay, lesbian and bisexual issues.
And the thing that was most important for me was the less
formal networking at lunch where I have made some contacts
over the years and we have meeting and that group has been
expanding, people who kind of self tag themselves progressive
or left of center or independent or whatever they label
themselves. To connect for support and to see what they are
doing that is innovative and creative in their communities. So
I wanted to give a brief report and say thanks for having us
go. Secondly, I wanted to congratulate Alice's Rainbow
Childcare Centers for being accredited. They are now
accredited by the National Academy of Early Childhood Programs
and they are the first accredited center of the Regents
Institution
CHANGE TAPE TO REEL 95-45 SIDE 1
Kubby/ We have been talking about recycling a lot and I mean over
the past eight years the community kind of had a constant
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discussion about recycling. One of the big challenges is how
do we get people living in multi family buildings to
participate. Every structure is built differently. There is
not necessarily a plac~ to drop your things and some of the
property owners and managers have gotten together to form a
pilot program whose collection dates are between March 13 and
June 2. So if you live in multi family unit and received one
of these blue flyers on your door. That means your apartment
building is part of the pilot program. I encourage you to
participate and to give feedback. I think there are different
strategies at different structures to kind of experiment about
what works best in different kind so housing. There is a great
what to do and what not to do on the back and we will be
collecting just different kinds of paper products. So I hope
that some of these experiments are successful and that on a
city wide basis we can start an apartment building recycling
program..So, be on the look out for that. That is it.
Nov/
Since you are on recycling, I have another idea for us. I
noticed in Baltimore they dump all the papers into one paper
bag and it doesn't matter what they are. They can be
newspapers, magazines, junk mail, etc. and I would like us to
consider doing that kind of thing if we can.
Atkins/ I don't think we can because of our contract, that being
City Carton. Now we do now, we have recently changed, whereby
the white paper and the colored papers can be mixed. We
separate computer print out paper, newspaper and slick
magazine copy and we have-You do get a better price because
they don't have to incur the expense of separation.
Nov/ They do a lot of separation anyway.
Atkins/ I can certainly check with them. It had been my
understanding all along, Naomi, that that was something they
were not interested in at the time. We will certainly ask.
Nov/
okay, it was another one of these interesting situations
because I said don't you have to put it in a container.
Doesn't it have to have a cover. Doesn't this have to be dry.
No. no. we just put the paper bag out at the curb. We don't
care if it rains because they take it anyway. Anyway. I won't
go into a complete report of what happened at the meeting in
Washington. Suffice to say we all went to meetings. We were
not goofing off. And my favorite meeting was the one on water
issues because I came back with some interesting information
that may apply to Iowa City's water/wastewater problems. This
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#17 page 3
morning I met with Henry Herwig from Coralville City Council.
We met on another issue all together but in the meantime we
di§cussed sales tax for a few minutes and we are both
recommending to our respective city councils that we have a
meeting in which everybody gets all the issues out on the
table. In other words we are thinking that the best thing to
do is to make an informed decision. Study the issues, vote on
it and make a decision rather than letting it hang here which
it has been doing recently. And for the general folks, don't
forget the Chickadee Check Off when you are doing your income
tax. The State of Iowa will appreciate your help.
Throg/ Well, Sue, I have two or three different items. In the
spirit of accounting for myself in Washington, D.C. I would
like to report that I had dinner with Bill and Hillary in the
Adams Morgan neighborhood on Sunday night and then had a long
conversation with Bill, a long talk with Bill the next morning
and with Newt for that matter.
Pigott/ What did you talk about?
Throg/ You know, actually the dinner with Bill and Hillary was
interesting because they were in one restaurant and I was in
another about- But we were there together. And the next day
Bill and Newt did all of the talking but I was one of 3,000.
Horow/ It was 6,000.
Throg/ Oh, well, gross underestimate. So, anyhow, that is
accounting for myself. Second point is-I don't have a sense of
humor.
Baker/ You are destroying my image of you. This is the funniest you
have ever been.
Throg/ The next thing I want to say just kind of confirms your
expectations is I noticed in the minutes of the March 1
meeting of the P/R Commission that Commissioner Deb Lidell had
initiated an extension discussion whether Iowa City Boys
Baseball and Iowa City Girls Softball should avoid
exclusionary language and policy. That is that a girl should
be allowed to play baseball if she wants and boys should be
allowed to play softball if he wants. One of the other
commissioners disagreed claiming that sex biases are built
into the sport or something to that affect. Now I am a former
coach of Iowa City Boys Baseball. Coached for five years over
there and I would like to praise Deb Liddell for bringing that
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topic up and to express my support for her point of view. I
also play a lot of basketball as some of you know and it is an
intensely physical sport if there was ever was one and I have
had the pleasure of playing ball against a 70 year old farmer
who could bomb two hand set shots from the outside. Last
weekend I played ball against a fairly small 13 year old boy
who ran rings around me and I have played several times
against a college age woman who could post up and make pivot
moves as good as any man I have ever seen. So, for me the
quality.of the game depends on the quality of the play not the
sex of the player. So, I want to support Deb. And the last
thing I would like to mention has to do with the Clothesline
Project which I visited today at the University of Iowa at the
Student Union. It is a very moving display of violence against
women and I mean, I Was really moved when I went in there
because what you see is 100's of t-shirts hanging from
clotheslines with expression on them about violencs committed
against women primarily by men and I won't go into the details
of the violence because you can certainly imagine. It is
extremely powerful and moving and there are points where a
drum is beating every time there is a battering. There is a
whistle going off every time there is a rape and there is a
bell ringing every time a women is killed. So, it is very
moving° It is going to be there again tomorrow and anybody who
is interested I would urge you to attend. That is all I have
to say.
Pigott/ I had a couple of different things, Sue. First I wanted to
say that EA is having a meeting this upcoming Thursday, April
6, and at that meeting we will present our Environmentalist of
the Year award. I have said this twice before but I wanted to
make sure one more time that people knew. The general public
is welcome. EA would love to have anyone and everyone as a
member to come and see who our Environmentalist of the Year
will be.
Nov/ Bruno, say the name. It has been in the newspaper.
Pigott/ No, I am not.
Nov/ It has been in the newspapers.
Pigott/ You are going to come and you are going to meet the fellow.
Nov/ His name is Jim Walters and he is well deserving of the award.
Pigott/ Naomi, you are ruining it.
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Nov/ No, I am not ruining it, it was in the paper and I am proud of
him.
Pigott/ All right, good, now the secret is out. But please come and
congratulate.Jim on Thursday night, then, for his receiving
the Environmentalist of the Year award honor. I would also
like to say that we are making some headway on the
improvements to the Burlington Street Dam. We received a memo
in our packet talking about how we can protect that area from
people, from dangerous things, including putting upstream and
downstream warning signs along the path, buoys across the
river, grab chains below the Burlington Street bridges and I
just want to say I look forward to getting the cost estimates
on that sort of thing and one constituent wondered whether
that was the Wisconsin Company that came to us.
Atkins/ The Cadot, Wisconsin Company. I now that we contacted them
and I couldn't tell you for sure but I almost positive we
contacted them.
Pigott/ Finally I would like to say that I went to Washington, D.C.
as well and it was a terrific meeting and so forth. I think
everybody is encapped most of the highlights of the event but
almost as interesting I should say. Just this past week I
visited Boulder, Colorado; Bombay, India; Washington, DoC.;
Tallahassee, Florida-
Throg/ Hey, I went to Chattanooga.
Pigott/ All in one night on the worldwide web and each of these
cities, on the worldwide web, has a web site, what is called
a home page which is the place where people can go to for
information about the elected officials in that city, the
views of the city. I mean literal pictures of it as well as
information about how to find out who to contact in case you
want to do business in the city and highlighted features in
the city. I thought it was a really terrific sort of promotion
of the cities. Sue talks often about tooting our own horn and
that is a way that I see a bunch of cities working in the
future to toot their own horn and to provide information for
businesses looking for places to establish-
Horow/ The Chamber is looking into this in terms of policy.
Pigott/ And it is terrific. I just want to say this is really a
terrific and easy. It is amazingly easy for people.
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F032895
#17 page 6
Horow/ You don't even need a passport.
Pigott/ Not a passport of-I just say that the reason I found out
about this is I went to the Iowa city Science Center
participatory meeting on this topic and it was just terrific.
We had young people from the ages of 7-middle aged people in
their 30s who went and say this and it was really a terrific
display and I hope that we can jump into this ourselves.
Kubby/ Actually it is different having a local organization having
a world web site as having the city having one. It would be
great to have Iowa City listed with multiple sites to get
public input.
Pigott/ That is right. So anyway. It was very good. I would like to
push it and work on it and I know there are people at the
University and people at the Chamber working on it and I would
like to see us become a part of it.
Baker/ I went to Fort Worth, Texas last week. I thought I would
throw that it.
Nov/ On the network?
Baker/ No, i~ my car.
Horow/ Not virtual reality, you did it really.
Baker/ It is toot your own horn or bl0w your own horn?
Horow/ Toot.
Baker/ I hadn't intended on tooting or blowing my own horn here
about the trip to ashlngton but within the spirit of the
W '
times. We all went
to various meetings an~ ~
particular spent all d=,, ~ .... = ~ ~ ~. i in
~] ~, ~ meenlng called Engaging Citizens
in the Process and I want to talk a little about that because
that sets up actually a more local issue I want to talk about
in just a second. It was a meeting of city officials who just
sat aroun~ a~d were presented with .
controversial lSS-~o ~ ~ . case studies
cities annr =o~n ~ .... ,_, . lOUS cities and how those
r~ o ..... ~ ~u= problem ~n terms of engaging citizens in
the process to, in a sense, head off problems at the tail end
by anticipating the front end and there are a lot of very good
ideas on how to do that. I was pleased to see that we do many
of them here already. But what was most interesting was the
most talked about controversial issue was a city in Ohio that
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#17 page 7
had a road, a varying of a well traveled road, falling about
that they wanted to improve. The road went through one part of
the city and into an adjacent city and back into the city
itself through a bridge which they also wanted to improve. And
the engineering staff of this particular city said while we
are spending this money we should widen the bridge, widen the
road. And there was somewhat of a controversy about that and
I brought back all sorts of material about the p.h.s and the
newspaper process engaging those people and I am going to talk
to Karin in Planning and some other Planners and the
Engineering Department because a lot of things for those two
departments in particular are most actively involved in this
process. So, that is where i spent most of Saturday except for
a brief exchange with Mr. Pigott. Outside at a break at one of
those meetings we were checking new technology, computer
technology that was selling. That leads into the second item
which is I want to remind people that tomorrow night at the
First Mennonite Church, 7:00 PM, there will be a neighborhood
meeting of the Melrose neighbors to talk about that widening,
potential widening, and the preliminary environmental reports
that have come in. So that is tomorrow night, 7:00 PM, at the
First Mennonite Church. I encourage anybody out there, who is
interested in this issue, to attend that meeting. We also, I
think this has been well publicized but we need to point it
out again, tomorrow night, 6:30-8:30, at the Public Library
and televised with a phone in question service. We will have
a p.h. about the water project, the water plant construction
project, and various issues that have accumulated about that
issue and we encourage you to attend and to watch and if you
cannot be there in person with your questions to call in. The
numbers will be advertised. It is a good chance to be involved
in that process. SO I encourage everybody to do that.
Kubby/ Although on clarification. It is not really a p.h. You can
stand up and make comments. It is a time to have dialogue
about technical and financial aspects of the water and sewer
plant issue and ask questions and get answers.
Baker/ It is much more informational than just sort of expository.
And it is not our meeting. It is staff and public. Probably
many of us will be there but we won't be there to talk
ourselves. We will be there to listen as well as everybody
e%se. I want to, now another item. I have been saving these
up. I think that when I look at the Iowa State Legislature and
I look at our area legislators, I am very happy that we have
that group of people there. All of them do a remarkable good
job. I think this area can be proud of them. I want to single
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F032895
#17 page 8
out one person in particular and that is Dick Meyers. I hope
I heard Dick correctly. Now, he has been-all of the
legislators have been on the government channel recently and
at a recent Legislative League of Women Voter's Forum. Very
informative and that runs at various ties and if you are a
television junky you can stay up at night and watch that. 'I
encourage you do to that. But, in particular, I want to thank
Dick for a comment he made. Not on that particular program,
and this is where I am uncomfortable because I was ill at the
time, in bed, and heard this on the radio so I do not know the
context in which it was said and I hope I am quoting Dick
correctly in reference to the Stanley Amendment, the Tax
Payers Bill of Rights Amendment. If I am wrong Dick and you
hear this please call me. But I will give you credit for it
because if you didn't say it, somebody needs to say it. He
called it a piece of crap and I am glad somebody who will be
that blunt about that. It is an important issue and I hope
that the public pays more attention to it and to just in Iowa
City but as far out as we can get the word out. So, I want to
thank Dick for that and like I say, if he didn't say it please
call me and I will take it back and say it myself. If he said
it, more power to you. Last thing, Madam Mayor. And I was
sitting tonight watching the speakers and I had this epiphany
and sometimes it can drive you crazy. We need a clock over
that door right there. A small clock so people when they are
talking can sort of orient themselves when they begin and when
they end. I mean this may help and you just point this out to
the people who are at the mic. It is a minor thing but a small
round clock without wires.
Lehman/ Larry, that is a good point. There is a big clock back
there tha~ we can't read. Sue, in keeping with the humor of
the evening, I want you to know that the Thursday you folks
all left for Washington I had a contact from somebody in
charge of the weather and I talked to Steve and I said Steve,
you know we really need to have staff look into this. I
couldn't get four votes. You guys were all gone. So we had
seven days of weather 70 and above.
Horow/ And you did it without us.
Lehman/ We did it without you and no staff input.
Baker/ Ernie, that is why we left you in charge.
Horow/ Pretty telling. We are going to leave you in charge more
frequently. Is everyone finished? I wanted to follow up on
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F032895
#17 page 9
Larry's comment about the Water Forum. I would especially
challenge the City High students who took part in the science
exhibit a couple weeks ago who had excellent exhibits on the
water issue, I might tell you. Kids watch tomorrow evening and
focus in. The Water Forum, tomorrow, 6:30-8:30. It is being
held at the Public Library and catch it on Government Access
Cha~nel and telephone your questions in.
Nov/ It is okay to come.
Horow/ Definitely. We are perfectly willing to have you come. The
other p.h. that I want to emphasize is that which was
mentioned on the agenda items. That is on the Consolidated
Plan for City Steps. This is we are asking you co~uments on
this plan over the next 30 da~s. This deals with housing, jobs
and services for low income residents and it will be governing
the city,s policies for the next five years. The document is
currently available during business hours at the city offices
here in the Civic Center. It is.also available at the Iowa
City Public Library and citizens may comment by writing or
calling the City Clerk,s Office or the Department of PCD any
time during the comment period. We will hold a p.h on April
11. But I do urge you to become involved and get your comments
in about this very important document. That is it.
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F032895
#18b page 1
ITEM NO. 18 - REPORT ON
ATTORNEY.
b. City Attorney.
ITEMS FROM THE CITY F~AGER AND CITY
Woito/ I have a couple of things. Most of you met Bey Ogren who is
my new assistant City Attorney, she's out in the audience
today, except Larry Baker who didn't have the pleasure yet.
But you will. We're- do you want to stand up. We're pleased to
have her. She graduated from the University of North Dakota
and comes from Northern Minnesota, so we know she's tough.
She's also a pilot and she reads Latin, Larry.
Baker/ Will you excuse me. This means something. I'm not sure what
it means.
Woito/ We're awfully busy down there but we will eventually have an
open house and welcome you and welcome Bey. The second thing
is I'm going to be a presenter in a government practice law
seminar sponsored by the Bar Association on Friday, talking
about how to prepare city witnesses for depositions and trial.
One of my favorite topics.
Baker/ Is Kato going to be there?
Pigott/ I was just going to say, this is the OJ trial,
Woito/ Anybody want to come along as a role playing.
thanks.
right.
That's all
Horow/ Okay. Thank you, very much.
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 11
ITEIVl NO. 19 - RECONINIENDATIONS OF BOARDS AND COMMISSIONS.
CONSIDER A RECOMMENDATION OF THE BOARD OF APPEALS THAT
THE COUNCIL DISAPPROVE AN ORDINANCE CREATING DESIGN
STANDARDS AND LOCATION RESTRICTIONS FOR EXTERIOR STAIRS
AND CORRIDORS.
Comment: Item 5b sets a public hearing on this matter to be held on
April 1 1, 1995.
Action: ~ ~
ITEM NO. 20 -
CONSIDER A RECOIVIIV1ENDATION FROM THE DESIGN REVIEW
CON1MITTEE REGARDING THE BURLINGTON AND GILBERT STREETS
INTERSECTION IMPROVEIVIENTS.
Comment: At its ,March 20, 1995, meeting, the Design Review
Committee, by ah 8-0 vote, recommended to the City Council that the
Burlington and Gilbert Street intersection improvements be delayed until
the streetscape elements for the Near Southside Design Plan have been
developed and approved, including design elements for street intersec-
tions. Memoranda from the City Engineer and the Design Review
Committee are included in the agenda material.
CONSIDER A RESOLUTION DIRECTING SALE OF $8,500,O00 CORPORATE
PURPOSE GENERAL OBLIGATION BONDS.
Comment: Sealed bids on the sale of these bonds were received at 12:00
noon on March 28, 1995. This resolution ratifies and confirms the actions
of the Finance Director in the determination of the most favorable bid. A
completed resolution will be presented to the City Council at the formal
meeting the evening of March 28, 1995.
#20 page
ITEM NO. 20 - CON8IDER A RESOLUTION DIRECTIN~ SALE OF $8,500,000
CORPORATE PURPOSE ~ENERAL OBLIGATION BONDS.
Horow/ It's been moved by Nov, seconded by Baker. Any discussion.
Dave
Dirks/ Mayor and members of the council. This is the second
document that you have before you. Again the news is good. The
city retrained its excellent AAA bond rating. And the sheet
that you have as probably the third sheet in your handout, I
should explain that for you. It's indicative of how your bonds
fared in the market place compared to similar credit rating,
similar credit rated issues. You can see that in each case
here the city's bonds were offered at a rate lower than those
of similar rated credits. The column here that says Delpha's
Hanover is a industry index of where AAA what the rate of
interest by year, what AAA credits were paying today on their
debt. So you can see that as you go through that on your own
that the city sold at a better rate than that. Again,
indicative of the excellent market acceptance of the city's
credit which is, again, indicative of the city's financial
condition. The low bid was out of Harris Trust of Chicago at
5.1465%. We recommend the option of your resolution and the
subsequent-
Kubby/ Incredible figure there.
Horow/ Thank you. Any other alscusslon.
Nov/ Yes. Are these bonds staggered? They are not all due at one
time?
Dirks/ They are paid over 12 years.
Nov/ But are they staggered? I am not talking about $8 million due
at the end of the 12 years?
Dirks/ No. It is equal principle over the 12 years which has been
the city's traditional route to- The way it has retired it's
debt is on a-If it is a ten year issue, you divide 10 into and
that amount of principle is paid on an annual basis. The same
with- Which is one of the reasons you have a good quality
credit rating. You have an aggressive approach to retiring
your debt.
Horow/ Thank you. Roll call- (Yes).
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 12
ITEM NO. 21 -
CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION
CERTIFICATE PERTAINING TO THE $8,500,000 GENERAL OBLIGATION
BONDS.
Comment: This certificate is executed and delivered in connection with the
issuance by the City of the $8,500,000 General Obligation Bonds. This
Certificate sets out in detail a number of facts, promises and obligations
which must be met and agreed to by the City in order to maintain these
Bonds as tax exempt.
Action:
ITEM NO. 22- CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF 98,500,000 GENERAL OBLIGATION BONDS AND LEVYING
A TAX TO PAY SAID BONDS.
ITEIV] N0.23 -
?5-
Comment: This resolution provides final authorization for issuance of the
bonds.
Action: ~-~'///~ ~/c~ /(~y6~
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN
PROPERTY RIGHTS FOR FUTURE HOUSING CONSTRUCTION.
ITEM NO. 24 -
Comment: Staff is recommending the purchase of approximately four acres
of vacant land adjacent to the property to be purchased for the Wastewater
Treatment Plant Connection, to provide future housing opportunities for Iowa
City residents.
Action
CONSIDER A RESOLUTION ADOPTING NEW BYLAWS FOR THE IOWA CITY
BOARD OF APPEALS.
Comment: At their meeting of December 5, 1994, the Board of Appeals
voted to approve the new set of Bylaws which reflect the additional duties
assumed by the Board in the past two years along with revised qualifications
for membership. These Bylaws have been reviewed by the City Council Rules
Committee.
#23 page
ITEM NOo23 -
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY RIGHTS FOR FUTURE HOUSING
CONSTRUCTION.
Horow/ Moved by Nov, seconded by Pigott. Discussion.
Kubby/ 1 think we should talk about this a little bit. We are
talking about purchasing 2.23 acres near Napoleon Park in Iowa
City and we don't really know what the future use of this land
will be except that it will be for housing. Whether we will
then sell it to a private entity for some kind of affordable
housing project. Whether we will do it. Whether is will be a
partnership. We have had some struggles in finding some in
fill lots that we can afford in terms of when we sell it to a
private family that they can afford. It will still be deemed
affordable housing. And so this is what we have found and so
we are going to purchase it.
Nov/ I think we also have to say also that this is a potential for
multiple family housing.
Kubby/ It is not zoned.
Nov/ Well, it is zoned ID-RM.
Kubby/ Right, it doesn't have a specific density attached to it.
Nov/ It has the potential of being multi family.
Lehman/ I guess I don't feel that this is an ideal location for
multi family or ~hatever. It doesn't appear to be the
reasonable and best part of the city and so I can support the
purchase of this property but the location is such that at
least for the immediate future it does not appear to be a good
place for multiple housing or low income housing.
Kubby/ Right because we have talked about transportation challenges
that it presents being that far.
Pigott/ But the advantages that I liked about it were that if
someone else came in and developed it, I think Marianne said
last night that this could be a match for HOME fund which is
good. So it would be possibly leveraging for cash.
Horow/ The ways of using it.
Pigott/ Yeah.
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F032895
#23 page 2
Horow/ Any other discussion?
resolution is adopted.
All right, roll call- (yes). The
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F032895
#24 page 1
ITF~ NO, 24 - CONSIDER A RESOLUTION ADOPTING NEW BYLAWS FOR THE
IOWA CITY BOi%RD OF APPEALS.
Horow/ The Rules Committee met last evening. We took up the Board
of Appeals By-Laws and unanimously recommended approval of the
by-laws as presented with two changes to Article II. The
membership section talks about, the second sentence should end
after Iowa City and striking "but not regular employees of the
City." And Section 2., building official to read, "The
building official shall act as secretary to the Board."
Striking shall be and ex-official member and but shall not
vote on any matters before the Board.
Nov/ Can I ask why you changed the Section 1. Membership?
Kubby/ Yeah. It was because no other Board and C6mmission excludes
city employees from participating in their community. If it
was a HIS employee %hey would have to check off that there was
a conflict probably on their form and they would not be
appointed. But we do have, for example, a Library employee on
the HR Commission and we didn't want to exclude city employees
from their participating.
Nov/
I think it would be difficult for a city employee to be
included in this because they are all required to have
specific talents. There must be an electrician, there must be
a plumber and it would be hard to say a Library employee would
necessarily fit the qualifications.
Kubby/ But there is a member of the general public on there, isn't
there, that is a lay person that does not have expertise in
any-
Horow/ We thought for consistency sake that that plus the fact that
we do appoint them we would be able to (can't hear).
Nov/ Does anybody know why it said that in the first place? Is
there any legal reason?
Woito/ I don't know.
Kubby/ There are areas of expertise but I do believe there is one
lay person.
Woito/ Two members of the public qualified by experience and
training.
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FO32895
#24 page 2
Horow/ Right. You have to have a certain amount of training. Do
you wish to-
Woito/ Anna Busse, building. They all have related expertise.
Horow/ Does anyone else have any feelings about this? The second
section of this, the building official, we asked that the
staff review this. Marian, do you want to comment on this.
Karr/ In discussing the Rules Committee request option or the
suggested change in Section 2 dealing with the building
official and secretarial duties, it was noted by Ron Boose
this morning that it mirrors language in the ordinance and
that if it is the desire of the Rules Committee to change to
this, it would require an ordinance change. But that is
entirely up to-
Horow/ This, again, is more for consistency. And council certainly
has the ability to say to them we appreciate that but we would
like to be consistent (can't hear.) We will help you change
the ordinance.
Throg/ Sure.
Kubby/ And by voting yes for this change we should also attach that
to a direction to staff. Right?
Nov/
Do we want to approve the ~y-laws as changed or do we want to
send them back to the Committee and say these are the changes
we want you to make in your by-laws?
Karr/ I did discuss this with Ron Boose this morning and the Chair
of the Commission happened to be in his office at the time.
They both were comfortable with going either direction. Their
preference on Section 2 was to leave it the same but did agree
if council's wishes was to concur with the Rules Committee,
they did not view that as a substantial change. Totally that
is your decision.
Kubby/ It doesn't change the behavior of the building official at
a meeting in any way. They participate by asking, giving
information, telling pros and cons of different items.
Horow/ Right now what is before you is adoption of the
recommendation on the part of the Rules Committee. Chair would
entertain a motion to adopt the resolution.
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F032895
#24 page 3
Moved by Pigott, seconded by Throg. Discussion. Further
discussion?
Nov/ Well, this is approval of the by-laws.
Horow/ Right.
Pigott/ With the recommendation.
Kubby/ Do we need to make a motion to change what was in the
packet?
Karr/ Perhaps a friendly amendment as amended as noted in the Rules
Committee request would be fine.
Kubby/ Fine. Is that acceptable to the maker of the motion and the
seconder?
Pigott/ It would, indeed.
Horow/ Motion has been amended to present these as changed back to
the Committee-back to the Board of Appeals.
Nov/ No, that is not what I heard. What I heard is that we are
moving to adopt the by-laws as amended by the Rules Committee.
We did not say we are going to send them back.
Horow/ What was the friendly amendment?
Lehman/ That was it.
Nov/ That was it.
Kubby/ The as amended is the amendment.
Horow/ Oh, as amended. Okay.
Woito/ Adopted by the Rules Committee, yeah.
Horow/ All right, motion on the floor. Roll call-(Yes). Okay.
The second part of this was Boards and Commissions. We
received the feedback back from the Boards and Commission on
two issues. The first one having to combine a full termto any
unexpired term of six months or less and second aspect was
eligible electors of the city versus county electors being on
Boards and commissions. After discussion the Committee
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F032895
#24 page 4
recommended unanimously the following: To direct all city
Boards and Commission to amend their by-laws to allow the
combining of six months or less vacancies to a full term
providing this change does not conflict with the state code.
The Airport Commission and the Library Board of Trustees is
under the state code rules and so they do not fall in. The
second recommendation was in recognition of the importance of
consistency within all city Boards and Commissions to require
membership be limited to residents of Iowa City unless county
representation is desirable in recognition of a county
budgeted contribution. The Committee recognizes the recent
non-resident appointment to DR and suggests non-resident by-
law be changed but the member complete the term. So, the Rules
Committee would recommend adoption of these revisions.
Woito/ You can't do that now. It is not on the agenda.
Horow/ In other words, it would be a recommendation to send them
back to the Boards and Commissions?
Kubby/ You got our Rules Committee meeting minutes. Maybe people
could just make note of it and they could be on our next
informal meeting and at that time we may need to direct or we
may need to have it on the next agenda to vote on the
recommendation of the Rules Committee and then to direct staff
to'make sure all of the by-laws are consistent with whatever
is agreed t6 by council at the next-
Woito/ You can give direction now.
Horow./ Yeah, we can give direction now.
Woito/ You can formally deal with it later.
Kubby/ I think there is only one change probably that needs to be
made to the DR Committee by-laws. But we can double check. So,
I guess I would like to give staff that direction. If there
are four people who agree.
Pigott/ I would be happy to agree.
Kubby/ Although it is to prepare those in case in the event that
people approve these.
Horow/ Okay° Now to consider the resolution. What do we do with
item #24? Just direction only, not consider the resolution?
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F032895
#24 page 5
Woito/ You already voted on #24.
Horow/ Well, we only vote on one part.
Kubby/ What?
Woito/ You voted on the portion of the Board
The rest of it is just-
Horow/ Okay. So that was the Pigott/Throg.
Woito/ It is not germane to item #24.
Horow/ Okay. Thank you. Okay.
of Appeals by-laws.
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 13
ITEM NO. 25 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
~'5 - c.(. THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR
CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT,
PHASE 2.
Comment: The bid opening for this project was held March 21, 1995, and
the following bids were received:
Streb Construction Co., Inc.
Iowa City, Iowa
,435,847.25
Metro Pavers, Inc.
Iowa City, Iowa
~ 1,492,324.75
Horsfield Construction
Epworth, Iowa
91,627,434.00
Tschiggfrie Excavating
Dubuque, Iowa
91,739,439.00
Engineer's Estimate
$1,786,000.00
ITEM NO. 26 -
Public Works and Engineering recommend awarding this contract to Strsb
Construction Company, Inc. of Iowa City, Iowa. Funding for this project will
be provided by 1994 General Obligation Bond proceeds and Road Use Tax
funds.
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH JOHNSON COUNTY, IOWA, FOR TEMPORARY USE OF PORTIONS OF
MAIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD
RECONSTRUCTION PROJECT, PHASE 2.
Comment: This agreement establishes the terms and conditions for
temporary use of Maier Avenue, a Johnson County road, as a detour route
from City limits line (approximately 1,000 feet south of Rohret Road) to State
Highway 1, being approximately 1.2 miles in length. This agreement is
necessary since various segments of the City maintained portion of Rohret
Road will be closed to facilitate Phase 2 construction.
Action:
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 1 4
ITEM NO. 27 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN MMS CONSULTANTS
OF IOWA CITY AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING
SERVICES FOR THE ABBEY LANE SANITARY TRUNK SEWER.
Comment: This project will extend a trunk sewer from the Southwest
Interceptor Sewer west through KIWANIS Park to the east side of 1-380.
Contracted engineering services for this project will total 938,600 and will
be funded by General Obligation Bonds.
ITEM NO. 28 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN SHIVE-HATTERY
ENGINEERS & ARCHITECTS OF IOWA CITY AND THE CITY OF IOWA CITY
TO PROVIDE ENGINEERING SERVICES FOR THE LONGFELLOW AREA
STORM AND SANITARY SEWER PROJECT.
ITEM NO. 29 -
Comment: This project is intended to relieve the sanitary sewer surcharging
and associated basement flooding that has occurred in certain portions of the
Longfellow neighborhood. Contracted engineering services for this project
are expected to total approximately 988,400 and will be funded by CDBG
flood money.
Action:
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN SHOEMAKER-
HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE AND THE CITY OF
IOWA CITY TO PROVIDE ENGINEERING SERVICES FOR THE HIGHLANDER
AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT.
Comment: This project is part of a commitment from a CEBA Grant and will
improve sanitary sewer service to the area along and east of Highway 1,
north of Interstate 80 and is the first step toward serving the area east of
ACT that drains north. Contracted engineering services for design and
administration of this project will total 934,400 and will be funded by 1995
General Obligation Bonds. Construction inspection services have not been
negotiated at this time.
#28 page
ITEM NO. 28 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
A~D THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
SHIVE-HATTERY ENGINEERS & ARCHITECTS OF IOWA CITY
AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING
SERVICES FOR THE LONGFELLOW AREA STORM AND SANITARY
SEWER PROJECT.
Horow/ Moved by Throg, seconded by Lehman. Discussion.
Kubby/ One of the aspects of this particular agreement is that
there will be a meeting with the neighborhood and it is part
of the change over the last couple of years that the city has
gone through which really relates to the seminar teat Larry
went to in. Washington, D.C. that he mentioned earlier. And it
is what I call kind of democratic engineering where if there
is a neighborhood involved in a project or a project is done
in a neighborhood, we have meetings before the construction,
before the design of the project so that we understand what
the neighborhood concerns are going to be so we can, when we
can, incorporate some of those comments and concerns into the
design of the project. Another advantage that Rick pointed out
to me this morning which I hadn't really thought about is that
when we hear concerns from the neighborhood, sometimes there
is a small problem that the city didn't know about that can be
incorporated into the larger project that would cost less
· money doing it in the larger picture than going back and doing
remedial work after the completion of the major project. So,
it is helpful for citizens to be involved as part of the
participatory democracy of our city. And it helps the city as
an institution to do its job efficiently. So, I am very glad
that we have moved in this direction and I think we have had
some real good successes in the last couple of years. I guess
the other observation I want to make is this item and the one
preceding and the one following are three different
engineering consultant contracts using three different
engineers and I know some people have asked various council
members do you always give your projects to the same
engineering company and here the answer is no. Spreading the
wealth to locally owned businesses.
Horow/ Any further discussion. Roll call-(yes). Resolution is
adopted.
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F032895
#29 page
ITEM NO. 29 -'
CONSIDER A RESOLUTION AUTHORIZING THEMAYOR TO SISN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
SHO~ER-HAALAND PROFESSIONAL ENGINEERS OF
CORALVILLE ~ THE CITY OF IOWA CI?¥ TO PROVIDE
ENGINEERING SERVICES FOR THE HIGHLANDER AREA
SANITARY SEWER, LIFT STATION, AND FORCE MAIN
PROJECT.
Horow/ Moved by Nov, seconded by Lehman. Discussion.
Throg/ Last night there were several questions raised about' the
consistency of this particular proposal with the comp plan,
proposed fringe area agreement and several other issues and I
guess I am wondering whether anybody from Public Works is here
to address those questions or perhaps from Planning.
Miklo/ I understand there is a question about the service area as
it is defined in the comp plan. As you know, the service area
is outlined as the area that we can serve wi~h the gravity
flow system. It shows up as a dashed line on a map on the comp
plan. However there is also text in the comp plan that
indicates there are approximately 750 acres that could be
served north of 1-80 but because we don't .know exactly where
those are they are not identified on the map itself. This, if
this area beyond the current city boundaries is served by the
sewer, that would accommodate or that would include some of
those 750 acres. The other question that you raised was-
CHANGE TAPE TO REEL 95-45 SIDE 2
of Highway 1 low density residential development could occur.
In the county west of Highway 1 agriculture uses are
identified as the appropriate land use. The proposal before
the council and Board of Supervisors that should be coming up
soon indicates that a development in this area should be low
density residential in the county. It does not indicate in the
near term annexation by the city. But it also does not rule
out annexation.
Horow/ That i6 in the proposed fringe area.
Miklo/ Right.
Horow/ Okay. Any questions?
Kubby/ Well, we talked about that there were, Rick, weren't there
three options for what to do and we talked about two of them
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more extensively than the other one.
Pigott/ Specifically option B and maybe you could refresh us about
Option B again.
Kubby/ We need your map.
Fosse/ Sure, I will go grab that.
Kubby/ Oh, youthave got it? I don't know if there is a way that the
camera can get to the map but it would be great if it could.
Fosse/ Option C would be to construct a new lift station at this
location and to extend the trunk sewer south up the drainage
way at approximately this'location and then we would operate
two lift stations in tha% area that would not operate
simultaneously to conserve downstream sewer capacity.
Kubby/ Will you point out the current lift station.
Fosse/ Right here. And Option B, another way we could go at this,
is to eliminate the existing lift station, construct a trunk
sewer that goes more to the northeast, construct a new lift
station at this location and that would use up our money for
the project (can't hear). Option B.
Pigott/ In the long term, can you explain what you explained last
night about option being the short run. It doesn't serve as
much but in the long term you had mentioned how it gets into-
it will allow us to service the area behind NCS. Is that
correct?
Fosse/ Sure. Our long term visions for this area is eventually this
entire area will be served by one lift station off here in the
area that is completely undeveloped at this time. So all of
this work is interim and so we tried to balance if we are
going to spend $425,000, how can we maximize posturing
ourselves for our future needs as well as getting some
immediate good out of the project and both B and C have
advantages in that regard. Option B begins phasing out this
lift station and getting its flow by gravity down to the low
point here where it is very well postured to continue off to
the northwest and feed that lift station (can't hear). Option
C puts a lift station at this location and puts in a trunk
sewer more to the southeast there that postures as well
immediate service and this is in a good location to drain off
in this direction. What it doesn't do is provide that gravity
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link between the two lift station locations. That would need
to come at a later date.
Pigott/ Rick, if we decided one option or the other, how does it
change our resolution tonight?
Fosse/ I talked to the engineering firm today and there difference
in design cost is minimal. We can work most details out. I
don't expect a large change in design fees. We can take off
either direction that you want to go.
Lehman/ Your recommendation for putting the trunk line in, doesn't
that also allow us to sewer the area behind ACT?
Fosse/ Right, it is the service area south of 1-80. Need to come
through this drainage area south of the interstate and that of
course is the first step for this area down here.
Horow/ You mentioned three options. What was the first option?
Fosse/ The first option was to reconstruct the existing lift
station at the present location but make it deeper because the
problem we face in that drainage area right now is this lift
station is not deep enough to serve those areas northeast of
the creek that is out there. What that option does not do for
us is posture us for the long term future?
Horow/ Okay. I am sorry, Ernie, do you have a question?
Nov/ My question is which option is going to give us the ability to
go south because I think the ACT development is going to
happen a lot sooner than some of the areas north of the
interstate?
Fosse/ C would put us in a better position to serve that to serve
that portion of the drainage area.
Pigott/ Rick, if we did one option now rather than another, for
instance, if we chose Option B tonight and decided not to do
C. Would it involve higher costs down the road? Can you give
me any indication of what that means? That in the long run the
city would pay more money of less money or because we might
have to do this at some point in the future anyway.
Fosse/ That is a good question. I dQn't know that there is a clear
cut answer at this time. Right now our expense to these two
locations of the lift station could be impacted by additional
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development in this area. You know, if there are more
driveways to cross or whatever. But I do expect that the DOT
is going to guard the number of driveways that they allow out
on interstate. So there could be a slight increase of the cost
of connecting these over time. By the same token, depending on
what happens out here in Northgate we could see some increases
in expense there. So it's a real tough crystal ball to look
into.
Kubby/ But we need to do both eventually anyway.
Fosse/ ¥eah.'Sooner or later.
Lehman/ You're recommending C. Is that correct?
Fosse/ Yes.
Lehman/ If you'd just kind of quickly tell us why you recommend C
over the other two.
Fosse/ It was staff's opinion that that was the best balance of
posturing for the long term future in getting immediate
service area benefits. And that's how we chbse that, and also
the third benefit of having the two lift stations that were
not run at the same time, we've got some built in equalization
which provides protection of downstream people along that
trunk sewer.
Throg/ I guess I want to pick up on the words long term future.
Based on a conversation we had last night and I think we're
having here tonight, it's not at all clear to me what our
vision is f6r future development in that area north of 1-80,
particularly for the area just north of the city limits.
Despite what Bob said, I sense a great deal of ambiguity about
what the comp plan indicates and in particular in regard to
what our intentions are in developing that area north of the
interstate° Now maybe it's all clear, but based on the
conversation we had last night and we're having tonight, I
don't see it clearly. So what I would like to say is I don't
understand why we're being asked to vote on this tonight
without having any written information in advance that we
could reflect on it and consider what it's meaning is. And so
if there's compelling reason to vote tonight, I need to hear
what the compelling reason is otherwise I cannot see why we
would do that.
Fosse/ Okay. David could probably best address the compelling
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reason. I think it has to do with our obligations under the
CEBA grant. There are requirements to-
Throg/ I understand there's an obligation of some kind to spend
roughly $450,000. But the other components of that obligation
are not at all clear to me.
Kubby/ If there's a time frame involved with that obligation.
Throg/ Right. And whether it has to be sewerage money and so on.
Fosse/ Let me add one more piece of information that is the
sanitary sewer that is constructed will be sized for the
ultimate drainage area. The lift station that's constructed
because of its location and expense that we plan on putting
into it will not be sized (cannot hear) that entire drainage
area. We expect that it's going to take longer than the
service life of this lift station for that to occur, so we're
not building 100% of the capacity into this project. If that
helps at all. What were you going to ask Karen?
Kubby/ I was just going to say David's here. We can ask him the
CEBA questions.
Throg/ What's the CEBA question?
Schoon/ In terms of the load-
Nov/ David, for the purposes of people who haven't heard it before
what does CEBA mean?
Schoon/ Community Economic Betterment Account. It's a state
program~ As part of the loan agreement that we submitted
recently, there was a project schedule and in the project
schedule, it discussed different components of the project and
when they would be completed by, and in that schedule, we're
not going to be able to meet the date in which we set on the
sewer improvement project. And so at this point we need to
inform the state of when that is, when that will be. The
decision doesn't need to be made this evening on that. We need
to inform them soon though that we're not going to be able to
meet that deadline based on what we had submitted.
Pigott/ So regardless of what we do tonight, we're not going to
make a deadline?
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Schoon/ No we're not going to make the deadline that we had set.
Pigott/ So that's not necessarily compelling.
Horow/ If.we made the decision this evening on this it obviously
would assist us in meeting the deadline.
Schoon/ We won't meet the deadline.
Horow/ It will certainly get there quicker than if we don't make
it.
Schoon/ Okay. We'll be closer to the original deadline than if we
delay.
Pigott/ But regardless, we have to notify them if we're not going
to make the deadline and that we will do X, Y, and Z.
Woito/ When is the deadline?
Schoon/ The beginning of July.
Throg/ Of last year?
schoon/ of this year.
Baker/ The deadline to have the project started, completed.
Schoon/ Completed.
Baker/ Completed. Oh. So if that's true, than why hasn't th~s come
back sooner then to us?
Horow/ Rick?
Atkins/ Rick, before you answer, also keep in mind, remember the
CEBA grant application process and the paperwork from NCS has
drug on for months. There's more than sufficient blame to pass
around on just about everybody that was involved in this
project. I understand that. Until such time that we had
confirmed the comm%itment of NCS on the loan agreement, we were
a little reluctant to move ahead with our- because we felt
confident that they would give us an extension of time,
because some of the paperwork sat up at the state offices
also.
Horow/ So this is a design process that is taking place after we
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· signed the papers with NCS.
Atkins/ Yes.
Horow/ Okay. There is a motion on the floor.
Kubby/ I still have some questions and discussion.
Horow/ Okay.
Lehman/ I guess my biggest question, if we were to pass this plan
C, what portion of the area that could be sewered do you
anticipate would be developed first?
Fosse/ It would put it in a good position to develop this area
either side of the drainage way up to about this location.
That would be postured to happen first. It would also put
whomever is in control of this land in a good position to
extend the sewer without a lot of effort to service this area
as well.
Lehman/ Rick, don't you anticipate the property behind ACT would be
perhaps, I mean to name that property might develop before the
property you're talking about?
Fosse/ That'& possible.
Lehman/ But it couldn't be developed without that trunk line? Is
that true?
Fosse/ Right. It would take a lot longer project to get to that
area, to here.
Baker/ Rick can you back up just one, literally and sort of
rhetorically too, I couldn,t see where you were pointing and
now the mic's right in the way. The first area you were
pointing to, you said this would speed up or you would expect
development to- we could develop there quicker. Point again.
Tell me where it is and is it in the city limits. Start there.
Fosse/ Yes. Item C would extend the trunk sewer from the southeast
to approximately this location. And it would posture this area
for development quickly from a sewer perspective.
Baker/ Okay.
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Fosse/ And it would also, as Ernie suggested, put this position, or
this property in a better position to come in and tie up to
that and get to the lift station.
Baker/ Okay, just put your finger on Interstate-80 so I can get my
bearings. Okay that's 80. The area you're talking about is
still within the city limits.
Fosse/ Right. This is still in the corporate limits.
Baker/ okay.
Kubby/ But it would serve outside of the corporate limits as well?
Baker/ If those areas were to be annexed-
Horow/ In the future.
Baker/ In the future. Okay. Okay.
Horow/ Indeterminate future. This is all ID-MR.
Pigott/ Rick if that area didn't,- If we didn't put in that trunk
.line and the area south wanted to develop, what would they do?
What's the next step for them? South of 1-80, the area south
of 1-80.
Fosse/ This down here.
Pigott/ Yeah. What would happen then?
Fosse/ They would need to start at this location and put the sewer
up this drainage way and then-
Pigott/ Who would pay for that, Rick?
Fosse/ (Can't hear).
Kubby/ I guess I have a couple of broader questions not for Rick or
staff but it is more a pointed question so I guess it is for
Steve.
Atkins/ Thank you.
Kubby/ And that is if we didn't have an obligation because of the
CEBA grant, at this point in time would we be investigating
sewer infrastructure in that area-?
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F032895
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Atkins/ The likelihood would be dramatically less. I think so. I
tried to reconstruct in my mind the history of the Highlander
lift station and the timing of this project and I recall when
the council went through the priority setting process, the
Highlander lift station was a lot higher on the list of
priorities than we imagined. Then as NCS approached us about
their loan grant program concerning the construction of their
building we made a decision internally and I thought I shared
with council members that normally the CEBA grant program, and
correct me David, likes to see the local jurisdiction provide
cash in a from of a match. We chose not to do that and chose
to commit capital projects. Those things we thought were going
to occur anyway as our obligation to the match in that area.
That is why we put the traffic signal in. That is why we did
the Highlander lift station. That is where I think the sense
of obligation comes with respect to fulfilling the CEBA. Back
to your original question. Would we be pursuing it and my
instinct tell me no, we would not.
Kubby/ I guess that brings up a couple of issues for me. One is I
don't remember us extensively talking about this when we
approved the NCS CEBA grant and I think we need to whenever
the city is creating a local match whether that is dollars or
infrastructure. That we need to have thorough discussion about
that so that these kinds of decisions are on the front end and
not here where we are obligated now and there is no way I am
not going to vote for one of the options because I put my name
on that vote to approve the CEBA grant even though maybe I
didn't do my homework to ask questions about that part of the
CEBA grant. The other policy question that comes in with that
is that rate payers, not tax payers, will be helping with that
local match and that is an important policy decision as well
during the'CEBA grant application process to decide who should
pay that local match, tax payers, rate payers, both. And it
may not make a difference to people but it is a question in my
mind.
Nov/ Have we made that decision?
Kubby/ Our policies right now are that sewer projects are paid by
sewer rate payers.
Atkins/ We had intended that the Highlander-the sanitary sewer
would be financed from the sewer fund.
Nov/ And what about the traffic signal?
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Atkins/ The traffic signal was Road Use Tax.
Kubby/ Those are some issues for whatever the next CEBA grant is.
That David, maybe you can help make sure that we talk about
that area of CEBA grant more thoroughly. I guess the reason I
am interested in Option B more is that we have not had
extensive discussion about how or at what timing development
in that area of town should be specifically and that because
both projects need to be done anyway in the long haul and
there are a few advantages of doing Option B that I would like
to make a motion that we make whatever language changes that
need to be made to the proposal in fr6nt of us tonight so that
Option B is what we are voting on. I don't know if that is
specific enough motion.
Horow/ Is this is a motion? Is there a second to this?
Throg/ I was going to make a different motion.
Kubby/ Well, before it is seconded maybe we can hear what your
motion is.
Throg/ What I was going to suggest.
Horow/ I would prefer that we had a second so we could discuss
this. I mean if you can put the motion out on the floor.
Baker/ I will second it for discussion purposes.
Horow/ Okay, thank you. Discussion.
Kubby/ Actually a motion to defer supersedes any other motion on
the floor if that happen-
Throg/ I was going to move that we defer for two weeks and instruct
staff to -not staff, Public Works and the Planning Department
to jointly prepare for us an analysis and assessment of the
proposal that is being presented. An assessment of the
development consequences of the alternatives.
Horow/ Is there a second to this motion?
Pigott/ Sure, I will second it.
Horow/ It has been moved to defer this for two weeks. Any further
discussion?
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Baker/ Yeah, yeah. Which one are we discussing?
Horow/ The deferral.
Baker/ The deferral first. Um, Jim, can you help me out here. What
is it that the staff can give us in two weeks that we don't
have now? I think I know but I need-
Throg/ Well, my sense is that we don't have any idea what the
developmental consequences of the sewer alternatives are and
that we are basically being presented with three sewer
alternatives and that is okay and an important part of our
community but there are other consequences that flow from that
and we are not clear about what those are. And I mean there is
a substantial commitment here and we haven't really had an
opportunity to reflect upon it. We have some oral
conversation. But, you know, it is difficult making good
quality reasoned decisions based on a few brief conversations.
Kubby It is almost a half million dollars.
Pigott/ I just feel it would be 'wise to go over the different
options and the consequences each may present to us. I mean,
if option B affects that area in a different way then it would
be interesting to find out what the way would be and-
Nov/ My concern, Bruno, is that what ever we learned about this is
all maybe. This may be developed sooner. That may be developed
later.
Pigott/ Likely even.
Nov/
NO, it isn't likely. Nobody has come to us and said this is
likely to happen. The only likelihood that we have been
presented with and you know, in the council setting, is the
likelihood that ACT will develop.
Kubby/ Bob, have we ever put in a sewer trunk and not had
development happen within two years around that area?
Schoon/ I really can't answer that. I don't know. Rick-
Kubby/ I mean, that is how you can answer that likelihood question
is looking at the last five trunk sewers we put in and how
long did it take for undeveloped areas to develop once they
were put in.
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Schoon/ One thing to consider is one of the elements needed for
this area to develop will be Scott Bvld. and we are planning
to build that over the interstate and eventually to intersect
with Highway 1 and that will probably have more of a bearing
on a development of that area than actual sanitary sewer
availability.
Kubby/ What is the date on our CIP for that? Isn't that after the
year 2000?
Atkins/ We have the early phase like that east west portion and a
little bit of Scott Blvd. is in the next three years as I
recall. But the rest of it is beyond 2000.
Kubby/ So I think that kind of information and when we use the word
consequence it doesn't mean it is negative. It could be
positive developmental consequences. But we always talk about
managed .land, conscious growth and here is an example of
where- I mean, how many of you in your mind was thinking about
the timing of all of this infrastructure in our current time
frame and how this fits into that.
Baker/ My problem is I am having a hard time seeing what more
specificity staff can provide for us in two weeks that they
haven't provided now. They haven't provided much because I am
not sure they can do i~.
Kubby/ Jim has said he needs some stuff in writing. He would like
to have some more time to think about it. When we are spending
a half of million dollars I want to respect that request. I
wouldn't mind some more time to think about it and to think
about the timing of growth, the kind of growth, what is in our
current CIP and how this all meshes together. That is our job.
Horow/ There is a motion on the floor. Why don't we-
Baker/ I am still- I want to hear what Jim had to say.
Throg/ How do we intend to develop the area north of 1-807 All
right. Both within the city limits and the area immediately
north of the city limits looking farther ahead into the
future. I gather from what Bob said the comp plan is really
quite ambiguous about that. Well, all right, we have no
intention, basically, is what I hear then. So we are going to
build some sewers and making land more available for
development. Is that what we want to be doing? We don't even
know that based on the comp plan.
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Nov/ It is not truly ambiguous because it says office research
park. That is not-
Throg/ Within a very limited area and then,
could draw-show us on the full aerial
that office research park is.
I mean, I am sure Bob
photograph what area
Miklo/ Roughly this area is identified for office research park and
then also the area surrounding NCS and then, of course, the
area south of 1-80.
Throg/ But not all the area south of 1-807
Miklo/ No, it is basically would be north of the ridge line and
then there is residential is indicated also.
Throg/ Then there is the area north of the current city limits that
would be outside the office research park area that you just
talked about. How are we going to develop that? What are our
intentions?
Miklo/ I think our initial response would be we would designate
that for a lower density residential development. Perhaps some
multi family adjacent to the office park area and Scott Blvd.
But we would have to look into more detail.
Throg/ And the area northwest of Highway 1 that is currently looks
like it is forested on the map or photograph. I guess it is
not. The area north of NCS and just west of Highway 1. How
would we develop that?
Miklo/ Again, initially we would consider a lower density
residential, probably RS~5 zoning classification. The reason
being when you have large tracts of land like that that is
usually the most appropriate use because there isn't a market
for more intensive.
Throg/ But our comp plan doesn't currently indicate that, right?
Miklo/ No~ it doesn't.
Horow/ Okay. Does anybody else have anything else they wish to
contribute to this? There is a motion-
Nov/ I think I agree with Larry that there isn't going to be much
more in the way of specific information available on.
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Baker/ Okay. That is why I am still-I am not sure if we defer this
for two weeks what we are asking/ Jim says give us more
information. The potential development consequences of this.
David, Bob, you don't have to answer that now. But are we
going to get a memo back that is just sort of an amplification
of what you just said tonight or- What sort of questions? I
don't see how this is going to help us.
Kubby/ People have said everything they want to say. If you don't
want to defer, just vote no.
Horow/ I am asking for a vote. There is a motion on the floor. All
those in favor-
Baker/ Wait. Rick has said and David has said that indeed we have
to provide some sort of schedule to the state. Is that
correct? We are not going to make our present deadline, so we
have to supply them with a new deadline?
Schoon/ That is correct.
Baker/ We have to supply them with a new deadline. So, how does a
yes tonight on this supply them with a new deadline? I mean,
what is the deadline that is established by this vote?
Kubby/ Since the July 1 date is the deadline for the completion of
the project and we are not going to make it. If we didn't
contact them for two weeks, that is not going to harm us in
anyway, is it? If we wait for two weeks to get to them
whatever the new time frame is.
Pigott/ That is my feeling.
Baker/ Wait a minute. But if we did vote on this tonight, what is
that saying?
Schoon/ We would then have a project schedule that we would be
working under in terms of getting the project completed by. So
then we wouldn't have a date that we could submit to the state
saying our goal now is to have it completed by February, 1996.
Baker/ February, 1996, if we vote on it tonight and two weeks from
now our deadline would still be February 19967 Or the middle
of March.
Pigott/ So what is the difference?
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Lehman/ Two weeks.
Pigott/ Why is it we are so pressured to vote on something that
some council members have questions about whether or not you
agree with the questions, giving him time to think about it-
Baker/ Okay. Because I came in here tonight prepared to vote on
this project tonight. If you are telling me that we can get a
brief memo, I don't think we need tons of material from the
staff, and we can vote in two weeks up or down on one of these
options, I am quite prepared now, my apologies to Sue because
I told her earlier I was probably going to vote for this
proposal tonight, to say two weeks will not make that much
difference in this respect. i think in two weeks we will not
know any more than we know tonight and the vote two weeks from
now probably would be the same as it Would be tonight based on
the same information. but, for the purposes of a process, for
two weeks I am quite willing to wait.
Horow/ I guess my question is if we have two weeks-
Pigott/ It is a compromise.
Baker/ It is not a compromise.
Horow/ Oh, it is. Two weeks and a memo that is going to come in, I
question whether Jim will be satisfied with that or not. I
have no question but what it will trigger more questions in
his mind which there is nothing wrong with that but it just
keeps on going.
Throg/ I think it is quite okay to vote on a half million dollar
project talking about it for ten minutes.
Horow/ I think we have had ample time to ~alk about this in terms
of thinking what the future is. This is not something that is
going to develop within the next couple of years. The city has
to think big and has to think aggressively and I-
Baker/ My feelings are we could have voted on this tonight. We
would have talked about it enough. I don't think there is
going to be any new information coming in in two weeks but I
am quite willing to say if two weeks makes you more
comfortable we will do it.
Lehman/ I agree with you, Larry, that I don't think there is going
to be any new information. For that reason I would be willing
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F032895
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to vote tonight because I really am confident that these folks
have looked into it. They have made what is in their expert
opinion their best recommendation and it is'like we do, most
of the time, we second guess the people we hire-
Pigott/ Wait a second.
Kubby/ This is our job. To-
Pigott/ May I speak for a second. You are right when you think
about it. I don't think Rick Fosse and staff took ten minutes
or one day or to think about the various options and choose
one. I think they duly considered them and their
recommendation to us is one of them but that doesn't mean
because they recommended it that we don't think about it. It
doesn't mean that we don't take time out to say I don't feel
comfortable right now~ What is wrong with saying I think we
want as much time to consider it or a smaller amount of time
which may not be as long as he did but you know it makes us
feel comfortable. I don't see a problem with that.
Baker/ I see this problem. I see us doing this too often. That is
the problem I see and that is why I was reluctant to do it
tonight.
Horow/ If the issue is such that you are not comfortable with
it,nothing says that you can,t go in and talk to staff.
Pigott/ This is the 29th vote tonight. We haven't deferred one yet.
Throg/ 29 straight 7/0 votes.
Horow/ When it comes to the big ones, especially anything to do
with growth, there is a tendency to-
Kubby/ There is a tendency to want to be thoughtful and thorough
and yes, I agree, and I think that is something we should be
commended for.
Horow/ There is a motion on the floor. All those in favor of
deferring this for two weeks vote aye (aye-Throg, Kubby,
Pigott, Baker). Opposed (aye-Lehman, Nov, Horow). 4/3, okay.
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F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 15
ITEM NO. 30 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY
CLERK TO ATTEST AN AGREEMENT WITH HY-VEE FOOD STORES, INC. OF
CHARITON, IOWA, FOR THE COST SHARING OF CERTAIN STORM SEWER
IMPROVEMENTS.
ITEM N0,31-
Comment: This agreement provides for public cost sharing of a storm sewer
to be constructed from Waterfront Drive to Sand Lake. The storm sewer will
be designed and constructed by Hy-Vee as a part of the storm water
management requirements for their new store. The City will contribute
$125,000 toward the over- sizing of this storm sewer to provide drainage to
a portion of Waterfront Drive and tributary areas. The City also agrees to
assist with easement acquisition through the use of eminent domain if
necessary. This agreement will be funded by Road Use Tax.
Action: .~/.~ ~/t~/~, //,/~
CONSIDER A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN
AGREEMENT WITH GOULD EVANS ASSOCIATES CONCERNING A NEAR
SOUTHSIDE DESIGN PLAN.
ITEM NO. 32 -
Comment: In response to the City's request for proposals, twelve consulting
firms submitted proposals. Upon review and evaluation of the proposals,
staff has negotiated an agreement for services with Gould Evans Associates
for 956,890. Work on the design plan would begin in April and be completed
by the end of this year. Throughout the development of the design plan, the
design plan advisory committee is actively involved and the City Council is
frequently advised.
Action:
CONSIDER A RESOLUTION APPROVING THE DESIGN PLANS FOR THE
HIERONYMUS SQUARE PROJECT LOCATED AT 101 E~AST BURLINGTON
STREET,
Comment: Hieronymi Partners plans to apply for property tax exemption,
under the requirements of the Near Southside Commercial Urban Revitaliza-
tion Plan, for the Hieronymus Square project. In order for a project to qualify
for property tax exemption, the City Council must approve the exterior design
prior to issuance of a building permit. At its March 20, 1995, meeting, the
Design Review Committee, by an 8-0 vote, recommended that the City
Council approve the design plans as presented to the Committee.
Action:
#30 page 1
ITEM NO. 30 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO ~IGN
~ CITY CLERK TO ATTEST AN AGREEMENT WITH HY-VEE
FOOD STORES, INC. OF CH~ITONt IOWAt FOR THE COST
SHARING OF CERTAIN STORM SEWER IMPROVEMENTS.
Horow/ Moved by Kubby, seconded by Lehman. Any discussion?
Kubb¥/ This is a great example of a public private partnership that
our city engineer had a recommendation on and that we are
accepting with gratitude and we will do it tonight. We had a
thorough discussion about this at an informal meeting.
Baker/ So, one meeting is enough.
Horow/ Roll call- (yes). Resolution is adopted.
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F032895
#31 page
ZTP.~M EO. 31 -
CONSIDER A RESOLUTION AUTHORIZING THE CITY TO
EXECUTE AN AGREEMENT WITH GOULD EVANS ASSOCIATES
CONCERNING A NEAR SOUTHSIDE DESIGN PLAN.
Horow/ Moved by Nov, seconded buy Throg. Discussi6n.
Throg/ I am really happy to see this getting underway and last
night I asked-right at the end of our work session I asked a
question about whether three dimensional architectural
rendering or computer simulation would be produced as a party
of the consultant's work and David Schoon called me earlier
today and we talked about that for a while and I understand
that three dimensional drawings would be involved and I am
happy to hear that. That is really important because otherwise
it would be very difficult for the reader, the viewer,
whatever to get a sense of what the design alternatives would
look like. If all were producing would be two dimensional maps
looked at from overhead, we would never really understand what
the consequences would be. I am very happy about that. And I
guess I would also like to say I am really very optimistic
that this plan when coupled with the new Hieronymous Building
which we will talk about in a minute and the proposed sidewalk
care ordinance which I am confident we are going to act on in
a little while. All three together will greatly enhance the
attractiveness and appeal of our d.t. I am really excited
about that. I think we are making some good moves here and I
am really happy about that.
Kubby/ Jim, in your discussions with David, were those items add
ohs to the current proposal or are they part of?
Throg/ I think if we did a computer simulation they would probably
be add ons. But the architectural renderings and three
dimensional kinds of stuff, that is part of and incorporated
into the current proposal.
Horow/ Any other discussion. Roll call-(yes). The resolution is
adopted.
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F032895
#32 page
ITEM NO. 32 -
CONSIDER A RESOLUTION APPROVING THE DESIGN PLANS
FOR THE HIERONYMUS SQUAR~ PROJECT LOCATED AT 101
EAST BURLINGTON STREET.
Horow/ Moved by Pigott, seconded by Throg. Discussion.
Pigott/ Great building.
Kubby/ I had asked that a picture of the Hieronymous Square be put
up so that people could see what we are voting on. It doesn't
allow you as much as the three dimensional model we saw last
night to see what it would look like but it is as close as we
could get.
Throg/ I guess there are some things I would like to say about the
building. Despite its size, five stories, it is still being
designed at a very human scale and I find that to be very
appealing and really important. I also find that it draws on
architectural themes already up in the d.t. area. Last night
we talked about the Pentacrest, the Old Jefferson Hotel, the
portions of Old Cap. Mall. They are all integrated in one way
or another in this particular building and I think that is a
bog plus too. So, all and all, I think it is going to mark a
fine addition to the architecture of our community and I want
to praise Mrs. Hieronymous for having hired Cal Lewis and his
firm. I think they have done a very good job of designing a
building and it is going to be a big plus for our community.
Horow/ Thank you, Jim. I want to also thank Mrs. Hieronymous for
her patience with city council and the citizens in terms of
promoting this project.
Nov/
I have one more question. There was conversation in some
minutes somewhere about underground storage tanks. Has
anything been resolved on that? Anyone found out exactly what
is leaking if it is leaking?
Woito/ I don't know anything about that.
Kubby/ I suppose once they dig.
Woito/ At that site?
Sch0on/ They have been in the process of testing the soils on that
site and they don't have any formal report back at this time.
Horow/ Thank you, David. Any further discussion? Roll call- (yes).
Thisrepresents only a reasonably accurate transcription ofthelowa Cl~ council meeting of March 28,1995.
F032895
Agenda
Iowa City City Council
Regular Council Meeting
March 28, 1995
Page 16
ITEM NO. 33 - CONSIDER A RESOLUTION AWARDING CONTR~AC-T~AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CL~ ATTEST CONTRACT FOR
CONSTRUCTION OF WHISPERIN?,~,--N~ADOWS HOUSING PROJECTS
IAOSP022009 AND IAO5PO~:
J~'~/ ' ~ Comment' This item'should be deferred Staff will be recommending
~,/~ co nt r ~t~w a i~t e~n;~;. De .
.
ITEM NO. 34 - CONSIDER AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3,
"ELECTION PRECINCTS" OF THE CITY CODE, TO AMEND THE BOUNDARIES
OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES
ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1993. (FIRST
CONSIDERATION)
ITEM NO, 35 -
Comment: The City of iowa City has annexed fi~e areas and severed one
area since the voting precinct boundaries w~re amended in 1993. The
proposed amendment would add the annexed areas to adjacent precincts and
subtract the severed area from an existing precinct.
CONSIDER AN ORDINANCE AMENDING THE IOWA CITY CHARTER,
SECTIONS 2.068B (MAYOR), 2.08C AND 2.08E (APPOINTMENTS), 3.01A
(NOMINATIONS), 6.01 (LIMITATIONS ON THE AMOUNT OF CAMPAIGN
CONTRIBUTIONS) AND 7.04D (PROCEDURE AFTER FILING), AS RECOM-
MENDED BY THE CHARTER REVIEW COMM. (PASS AND ADOPT)
Comment: A nine member Charter Review Commission was appointed by the
City Council May 17, 1994. After review of the Charter, recommendations
were made to the City Council on non-substantive changes to the Charter.
A public hearing was held February 14, 1995, and no one appeared. The
Commission and staff recommend adoption of this ordinance.
Action: ~'~/j~e,~/~)(.~- l:~ c{. (-j_.)
ITEIVl NO, 36 - ADJOURNMENT.
ITEIVI NO. 33(a) -
Action:
ITEIV] NO. 33(b) -
Action:
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZ-
ING THE IVIAYOR TO SIGN AND THE CITY CLERK TO ATTEST
CONTRACT FOR CONSTRUCTION OF THE WHISPERING iVlEADOWS
HOUSING PROJECT #1AO5P022009,
Comment: The bid opening for this project was held March 21, 1995,
and the following bids were received:
McComas-Lacina Construction 9937,782
Iowa City, Iowa
Frantz Construction
Iowa City, Iowa
$938,627
Moore Construction
Iowa City, Iowa
9983,950
AI Thomae Construction
Iowa City, Iowa
91,033,999
Todd Hackett Construction 91,096,000
Muscatine, Iowa
Housing Inspection Services has determined that Frantz Construction
Company is the lowest responsible bidder and recommends awarding
this contract to Frantz Construction. See City Attorney memo.
THE WHISPERING IVIEADOWS HOUSING PROJECT #1AOSP022008. ~
Comment: The bid opening for this project was held March 21, 1995,
and the following bid was received:
McComas-Lacina Construction 91,451,926
Iowa City, Iowa
Housing Inspection Services recommends rejection of this bid, see memo.
h~sadmin~coag~nda.pg
#33a & 33b page i
ITEM NO. 33 -
CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN ANDTHE CITY CLERK TO
ATTEST CONTRACT FOR CONSTRUCTION OF WHISPERIN~
MEADOWS HOUSING PROJECTS IA05P022009 AND
IA05P022009.
Horow/ Item #33 is now split into two items.
Nov/ Do you want Linda to-Do we want to discuss first or do you
want the resolution on the floor?
Horow/ First of all I would like a motion on the floor.
Moved by Pigott, seconded by Throg. Discussion. Steve,
wanted.to start out?
you
Atkins/ I will start out. In your original agenda you have item #33
which would have been the award of two contracts. Step back a
moment. You will recall we received a grant or grants that
would permit us to construct 33 units of housing for low
income citizens and we have gone through the design process
and you are familiar with all of that. In the original agenda,
we recommended deferral of this matter and the reason that the
deferral was recommended is that we received a challenge to
the apparent low bidder on Project 09. That is the one that
has the five bidders. To our good fortune, all of our bidders
are very reputable firms. The challenged involved some of the
technical aspects of preparation of the bid. Given the
consequences and the fact that we are at ease with the bids
received, we turned to Linda and asked her to review for us,
the Department of HIS, to review this issue, the irregularity.
And Linda prepared for you and laid at your place tonight a
rather lengthy and detailed memo which I appreciate how
quickly you had to put it together on a very short period of
time/ Linda's recommendation and review of this matter is
incorporated into this amended agenda. That is two separate
projects, the recommendation on Frantz Construction and the
recommendation on 33b for the rejection and rebidding of the
second project. So that is where it is right now what is in
front of you. Is that it, Linda?
Woito/ Yeah.
Atkins/ Do you wish to add anything else?
Kubby/'If we are going to vote on this tonight which I feel a
little uncomfortable. even with a verbal explanation because
there is some intricacies here ~hat I kind of read in between
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F032895
#33a & 33b page 2
items as Sue was reading the comment that I had already read
before and not out of any disrespect but trying to get up to
date in case we would vote on this tonight. I have a sense of
what is here but fee]. like I need more time.
Atkins/ That certainly is your call. We are anxious to get the
project awarded because the construction season is rapidly
approaching and if you choose to defer one or both or however
you choose to handle it, I would like to at least with the
understanding that once some comfort in reading Linda's memo,
a number of attorneys are present that I assume that Linda has
not probably had an opportunity to discuss with because,
again, this was put together this afternoon. I would like to
consider a special meeting.
Horow/ I was gQing to say, would you be willing to consider a
special meeting?
Arkins/ Yes.
Woito/ Both attorneys have received a copy of my memo by fax.
Kubby/ I guess I wouldn't mind-
Woito/ But I will explain if you want to go through it briefly now
and decide whether you want to defer it. It is certainly your
option.
Horow/ All right.
Nov/ I would appreciate an explanation, not to read the whole thing
right now.
Woito/ I don't want to read it. It really isn't a long memo. It is
just all of the attachments.
Nov/ The memo itself is five pages or so and I would appreciate a
brief oral summary.
Woito/ On the smaller of the two projects which is the project
which Doug calls 09, there were five bidders. Four out of the
five bidders submitted all of the information on the city bid
document and all of the federal documents required by the
addendum. The addendum was submitted March 13 which
specifically required that the two federal documents be
submitted at the bid opening rather than the time of letting
it come in three days later. One, the lowest bidder in that
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F032895
#33a & 33b page 3
project, McComas-Lacina, did not complete the bid document
from the city in terms of information regarding their proposed
subcontractors and their prior experience and they did not
complete the two bid forms required by the federal government
dealing with certification that they read the documents and
two, their prior work history with HUD projects and their
principles that would be involved in the project.
Kubby/ The HUD document is really more than just a piece of paper
that you sign to say I understand when I am-
Woito/ Both of them are. Yes they are. They are more than just- The
one certification is-simply you have to put your John Henry on
it. Presumable you would have read it before you signed it.
But. the second on involves you to list your principles in your
work environment that would be actually working on the project
and also your prior experience, if any, with this particular
HUD funding. Um, because McComas-Lacina was the lowest bid
based on dollar figure alone but did not submit all of their
required bud documents, Doug came to me last Thursday just as
I was getting ready to leave town on Friday. We talked about
it and decided we had a problem. Steve was out of town. He
came back, they had a strategy meeting on Monday and with
respect to that smaller project, um, because attention to
detail is important, um, you have the discretion to reject the
lowest dollar amount from McComas-Lacina and go to the next
lowest base bid which did ~ubmit all the required documents
needs, namely Frantz Construction. That is your call. Of
course, McComas-Lacina's position is that th~se-
CHANGE TAPE TO REEL 95-46 SIDE 1
Woito/ To the larger project, the only bidder was McComas-Lacina
who again did not complete two portions of the city bid
document and did not submit the two federal documents
required. Therefore, it is our recommendation, especially
Doug's, that we start over with the large project.
Baker/ Linda, can I ask you a two part questlon. Is it your
understanding that all of, on the project that had five
bidders, all of them began with the same information, the same
deadlines? They all acknowledged that they were aware of the
required addenda but McComas-Lacina, even though it
acknowledged that it knew about the requirement did not submit
the forms. ~s that right?
Woito/ Correct.
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F032895
#33a & 33b page 4
Pigott/ You had to acknowledge that you knew about this
requirement? That is what I heard you say, Larry?
Baker/ Yeah.
Woito/ Doug.
Atkins/ Doug, is there an acknowledgement form?
Baker/ I think there is an acknowledgement form.
Woito/ Do they have to acknowledge the receipt of the addenda?
Karr/ Doug, you will have to come up to the mic.
Woito/ I mean the bidders are here. They can probably answer the
question better than I can.
Boothroy/ There isn't any question that they received the adendums
because I talked to both of the bidders and they were aware of
the information. So the answer to your question, they were not
required to provide an acknowledgment but they all the had the
same information, the same start. They all had the same
playing field, the same rules. No one had a leg up on any of
the requirements. And it plainly states the information shall
be provided.
Baker/ Okay. And there is no formal acknowledgement that they are
aware of this or you just assume that they are aware of this?
Boothroy/ You mean prior to opening the bids.
Baker/ Yeah.
Boothroy/ Not prior to opening the bids. When they submit the
documents, in the bid form there is an acknowledgement that
they have seen addendum 1 & 2 in there. But that is after the
bids are open.
Baker/ But did McComas acknowledge that they had seen the addendum
forms but they just didn't turn them in? Is that what you are
saying?
Boothroy/ Well, I can look at their bid form and see what it says
but- My recollection is that everybody had acknowledged it at
the time of the bid opening but not prior to.
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F032895
#33a & 33b page 5
Baker/ Okay.
Horow/ Anybody have any further questions to Linda or Doug?
Kubby/ I guess if we are going to continue to discuss this since we
have both attorneys here. I would like to-Might as hear.
Bob
Downer/ Madam Mayor and members of the city council. I am Bob
Downer. I am here this evening as the attorney for McComas-
Lacina Construction. Chuck McComas, president of McComas-
Lacina is also here. I think we could go on for an extended
period of time with regard to the merits of this matter and I
don't think that this is the appropriate time or place in
which to do this because of the contract documents. There is
a process for protest with regard to the awarding of bids that
is set forth in the contract documents. There was a timely
filed protest that was made on behalf of McComas-Lacina once
the staff apparent position with respect to this matter was
known. The bid deadline as has been indicated I believe was
Tuesday, March 21, 10:30 AM. The position that Mr. Boothroy at
least was planning to take was known within 24 hours and as a
result of this, there was a protest filed as provided on page
38 of the project manual where there was an acknowledgement of
receipt of this by personnel of Mr. Boothroy's office as is
indicated in the contract document.
Horow/ And that was filed on what date?
Downer/ That was filed on Thursday, March 23, 8:50 AM. The contract
documenfs require that that be filed within two days. So it
was filed within two hours plus or minus of expiration of that
two day time period. Even if you are looking at the days as
running from 10:30 AM to 10:29 AM the following day. This has
not been determined. There are specific rules of HUD that are
referenced in that portion of the contract by which this
protest is to be determined. We have received no notification
of any nature to the effect that those steps are in process or
that anything has been set as far as attempting to dispose of
the issues raised in the protest. Yesterday afternoon I had a
meeting with Mr. McComas regarding this matter. Sent someone
to the city hall, received a copy of the agenda where the
comment was made this item should be deferred. Staff will be
recommending contract award at a later date. I attempted
several times today to contact Ms. Woito. There were contacts
with her secretary. We were advised that a fax was coming. The
fax of this report was received and was transmitted by the
city at 4:55 PM this afternoon to my office. Prior to that
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F032895
#33a & 33b page 6
time we had no indication as to what her position was with
respect to the irregularities in these bids and what
recommendation she was making with respect to it. It was only
upon arrival at the meeting tonight that there was an amended
agenda that was presented to us. While I certainly have not
attended every council meeting, over the years I have attended
a great many. I don't recall another time when I have seen
this occur. So I would like to object very strenuously to the
process with respect to attempting to award these contracts
tqnight. I feel that there has been at the very best
inadequate notice that this effort was going to be made given
the size of this contract, both of these contracts, and the
obvious significance that this has to the parties involved and
would request that this be deferred, that the protest be
resolved in accordance with the HUD regulations as the project
manual provides. Thank you.
Baker/ Bob, can I ask you very quickly. You say you would like to
get this deferred so it can be resolved by the HUD guidelines?
Does that mean, in your opinion, HUD makes the final decision?
Downer/ No. They have a process by which this is to be resolved and
I have a set of those rules that are suppose to be on its way
to me from Des Moines. I don't have them at that time. But
they are on page 39 of the project manual.
Kubby/ So it is a process that the city goes through and we know
what process to use because of HUD guidelines.
Arkins/ I would have to defer to Bob. I am not familiar with the
process. However-
Downer/ It says in sub-paragraph 7c, I said page 39, it is actually
page 38, "All protests shall be resolved in accordance with
the PHA's protest policy and procedures, copies of which are
maintained at the PHA IHA." It is my understanding that these
are mandated HUD document and I am in the process of getting
these. But in any event, there has been no resolution of the
protest that was timely filed.
Kubby/ Doug, do we have to approve a contract before the protest
process can begin?
Boothroy/ In other words, do we have to have made a decision in
order for them to protest? Sounds like a legal question to me.
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F032895
#33a & 33b page 7
Woito/ Without looking at the language it is kind of hard.
Boothroy/ The Public Housi~ng Authority, of course, is this
authority. And, I am a little confused with what Bob is saying
about a- I talked to the office in Des Moines and I am not
aware of any procedures that would govern our decision on this
process.
Nov/ Do we have a procedure for handling protests? Is there a
written document somewhere that says-?
Boothroy/ The Public Housing Authority does not have any procedures
that specifically deal with awarding bids.
Downer/ Does the city have a procedure for-?
Horow/ The city doesn't but HUD would-
Boothroy/ Beyond what is in the specifications?
Woito/ Right, we do not.
Kubby/ Linda, did you read page 38 the waya?
Woito/ I don't read page 38. I haven't read it yet at all.
Horow/ I guess my question is how would we-
Woito/ May I clarify a couple of things? I did call you, Bob. I
talked to Bobbie, your secretary and it must have gotten
communicated to you. I talked to Tom Hobart who had previously
had indicated that he represented Mr. McComas, McComas-Lacina.
I talked to him last Thursday. He knew my position. Whether
that got communicated to you is apparently some confusion. But
I did contact and I attempted to contact.
Pigott/ You have to come to the mic.
Downer/ There was certainly no knowledge on anyone's part in our
office prior to 5:00 PM today that there was going to be an
attempt made to award these contracts tonight.
Woito/ That is correct. I agree with you entirely on that. I agree.
I mean that is fair game.
Throg/ I would like to make a motion.
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F032895
#33a & 33b page 8
Nov/ I would like to hear from the other side before we do that,
okay?
Kubby/ In the same or shorter time period if possible as Mr.
Downer. In the same or shorter time frame as Mr. Downer.
Bruce Haupert/ I have never had a problem talking for a shorter
period of time than Nelson Downer.
Atkins/ Bruce, before you use your whatever time they are going to
allow you. I- this matter was placed on the agenda in this
fashion at my suggestion to give focus to the issue. And that
when and I am not aware of the protest obligation. But up to
the point of having this-are you protesting a decision or are
you protesting a recommendation. You have not voted on
anything. All you have in front of you is a recommendation.
Simply trying to give focus to this issue on your behalf. So,
you can defer your decision on the recommendation. That is why
it was structured in that fashion. So that you understood what
the issues to the best of our knowledge were and based upon
what Linda had provided us. Okay?
Bruce Haupert/ Thanks. I am Bruce Haupert, working for Frantz
Construction Company and Bill is sitting behind me. First of
all to try to address the most burning question and that is
does anyone in this room know anything about the protest? I
think the answer is no. I don't think that Linda knows
anything about it. I doubt very much if Bob knows anything
about it because I doubt that any of us have had one of these
before and certainly I haven't the foggiest idea of the HUD
rules and regulations that pertain to the protest or what that
does to us in the future. The only thing I wish to say is that
in your deliberations it seems to me that without knowing the
protest. Without knowing if your city attorney is not willing
to give you a legal opinion that it is appropriate to proceed
tonight in view of the fact that Mr. Downer on behalf of his
client has filed a protest, then you are probably going to
want to defer. I just would ask, in your deliberations, a
couple of things. That you give due regard to the fact that
all of these contractors were given the same data from which
to prepare their bids. The two low bids are $845 apart on a
very substantial contract that comes to 9/100 of 1%
difference. True, Frantz Construction was not the low bid per
se. However, there were several things that Frantz
Construction Company did that at least the low bidder did not
do and I certainly agree with Steve that each of the five
bidders in this process are all extremely reputable firms. But
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F032895
#33a & 33b page 9
a bidding process is just that. It is a competitive bidding
process. Among those things that I want to bring to your
attention.are five. 1-There is a pre-bid meeting. That was
specified in the materials supplied to each bidder. Only one
general contractor appeared at the pre-bid meeting and that
was Frantz Construction Company. At that meeting there was
some very definite things discussed which resulted in addendum
2. Addendum 2 is clearly marked addendum 2. And within that
addendum are extremely specific and very simply straight
forward requirements for the bid forms in order to make sure
that nobody had any problems. Among those requirements were
that there be two sealed envelopes. The contents of one sealed
envelope .which contained the bid, it says Bid Form. The
contents of the other envelope which contained the HUD 5369a
which is a very substantive document and the form 2530 which
is also a very substantive document. If you will carefully
look at those two HUD forms which are being, I think, argued
as perhaps the omission of such would constitute an
irregularity, I think you would be perhaps convinced
otherwise. There is all sorts of material, I have all the
important parts underlined, pertaining to ethics, conflicts of
interest and things of this nature. They are there for a
purpose. This is a very important-both of these are very
important bid forms. So we have a pre-bid meeting and then we
have two bid forms. Neither one of those were filed by the
McComas firm. Now we go to the bid form. The bid form is a
rather straight forward document. And it contains some
directions and some lines, as you can see, that need to be
completed and then here we have on page B3 the fact that the
bidders requested the state work of a similar character to
that included in the proposed contract to give references that
will enable the City of Iowa City to judge the experience,
skill and business standing. Frantz Construction Company
listed the Turn Key Housing, System's Unlimited, Johnson
County Administration Office Building, Court House, Coralville
Rec Center, West High, Iowa City High School, System's
Unlimited Group Home, and a subdivision in Mount Prospect.
This entire section was omitted on the bid form. It is clearly
a requirement. It was omitted by the McComas firm. On the last
page of the bid form, the general contractor is required to
list its subcontractors. Frantz Construction listed their
subcontractors and this is for a specific purpose. At the
bottom of the page it states that the contract bidder shall
not assign the contract or subcontract work to any other
persons, firms, or organizations not listed above. Okay, now
there are some real important legal reasons for that. That
section was blank on the McComas form. So, 1-General
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F032895
#33a & 33b page 10
contractor attended the pre-bidding conference. 2- Very
important HUD forms were omitted and two very important parts
of the bid documents were omitted. Now, these are not
irregularities in my view. Otherwise I wonder why we would
have a bidding process. I'll close by just stating that I
think we should bear in mind in the future on this particular
issue the conduct that we would prefer to award in this
instance. Thanks.
Kubby/ Bruce, we have a pre-bid meeting attendance list and there
are four names on this list which is contrary to what you-
Woito/ No, there are subs.
Hauberk/ No, those were subcontractors. Only one general contractor
was there.
Kubby/ Okay.
Haupert/ These were subs some of which were interesting in subbing
for Frantz who wanted to simply learn more about the project.
Kubby/ Thank you for that clarification.
Horow/ Linda, is it your opinion in the absence of our knowledge of
this protest process that we should defer this or is this just
a judgement call that oouncil should make now?
Woito/ I think what Doug and Steve and I talked about earlier was
a special meeting. I don't know if you want to consider that
next week. But the bids are going to expire if you don't have
a meeting before two weeks from today.
Horow/ I recognize that but my question still stands. Is the
protest process by HUD something that rides herd over our
whole process here? Does everything stop? Does it come to a
stop by the filing of the protest? On the other hand I would
ask was our office made aware of the protest even being filed?
Woito/ I knew something came in and you talked to HUD. Did they
tell you to stop the process? I can't answer that question
very clearly. My recommendation is deferral. I mean, in all
fairness to Bob Downer. He and I misconnected today and
ordinarily in ~owa City we have a fraternal or sororial
organization we generally call the other attorney before we
sue them or whatever. We are very friendly in the legal
community.
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#33a & 33b page 11
Nov/ I think that we could defer this without answering the
question. We can defer it if we choose to.
Kubby/ We cannot answer the question. That in itself I think-
Baker/ We can't answer it tonight.
Kubby/ Right. Move to defer and to hold a special meeting. I do
want to go on with this so that people aren't stewing over
this for one reason. And secondly, to get the project going.
Baker/ We have a meeting next Monday, don't we?
Horow/ How soon do you need to defer this to if we aren't stopped
by HUD. Next week all right?
Boothroy/ I would like to see it held on Monday or Tuesday if you
are having a meeting on either one of those nights.
Nov/ We are having a city/county meeting on Tuesday. Why don't we
do it then?
Baker/ Do it right before the city/county meeting. Do it 30 minutes
before.
Horow/ You would have to be there at like 3:30.
Throg/ Not me.
Horow/ How many people could make it on 3:30 on Tuesday?
Atkins/ Just a couple observations before you settle in on this. I
don't have familiarity of the protest process. Are you going
to entertain testimony? Now I know-I don't know what it means
with respect to a protest. I have been a participant in
protest hearings and inevitably parties make their pitch to
either the individual or the legislative body.
Kubby/ But We don't know what that process is so we don't know if
we are the protest body that people speak to or if it is staff
or if it someone else.
Atkins/ That is my point. I just don't-we are conducting an
informal protest hearing right now.
Kubby/ You are saying a 3:30 may be too little of time depending on
what we find out.
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F032895
#33a & 33b page 12
Atkins/ Absolutely. I don't know the details.
Kubby/ What about in the morning on Monday or Tuesday?
Baker/ Tuesday I teach in the morning at 8:00 AM.
Atkins/ Can I ask you another question. Can we get an extension on
the bids?
Woito/ No according to the bid documents.
Atkins/ You cannot do that. Okay. Fine.
Baker/ If we can resolve this-if we are the review body that
handles the protest, I think we can resolve it very quickly.
Woito/ Because you will have heard most everything tonight.
Kubby/ Plus we can receive anything further that people want to.
Boothroy/ It was my presumption in talking to HUD that it was a
matter for council to decide as the Public Housing Authority
by hearing both sides and just making a ruling. I wasn't aware
that there was a more extended process involved. I will have
to confirm that but that certainly was not the information
that was relayed to me.
Kubby/ I would like to move to defer.
Lehman/ Well, I got a question for you. Bob, what is the basis for
your protest?
Bob Downer/ The basis for the protest is primarily that these all
matters that our irregularities within the power of the
council to waive. There is legal authority that I feel will
establish this. One of the'problems that I think has not been
fully discussed in connection with the consequence of
rejecting these bids is that the difference between the two
bids is very likely substantially greater that $845. The
reason for this is that .there is a per unit cost for
excavation in there wherein McComas-Lacina bid $18 per cubic
yard and Frantz bid $30 per cubic yard. There a substantial
portion of the specifications of this project is made up of
soil borings.
Lehman/ The whole thing that we are talking about is just the
elements that we are missing in the document that was turned
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F032895
#33a & 33b page 13
in.
Downer/ Yes and it is our position, Ernie, that these are matters
that are within the power of the city council to waive and
these are the types of things that are waived routinely.
Baker/ But you see you are telling us that you are the review body.
Woito/ Well, his argument is that they are mere technicalities that
are not substantive.
Baker/ But our question was who makes the decision and-
Woito/ You do.
Horow/ If we make the decision in your mind then, why would you
have submitted a protest to HUD?
Downer/ We did not submit the protest to HUD? We submitted the
protest to Doug Boothroy pursua.nt to the HUD requirements that
are in the bid documents.
Pigott/ He is saying that HUD has a process for which we must
follow in order-
Baker/ I thought he just said that we have-the process is we have
the leeway to make a decision here.
Pigott/ He doesn't know.
Downer/ We do not know that.
Baker/ I think that can be quickly established but not tonight.
Once it is clear who can make the decision, the decision can
be made very quickly.
Downer/ Depending upon what the process is by which this has to be
resolved.
Kubby/ If the process is taking testimony, it may take-
Nov/ Backing up to my original idea to meet on the 4th. I was
planning to meet in the evening. I did not think that we had
to do this before the 4:30 meeting. Is it possible to meet
Tuesday? 4:30 is what we had on our agenda. Can we do this
Tuesday evening?
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F032895
#33a & 33b page 14
Baker/ What time? 6:30?
Karr/ You have dinner planned with the county at 6:00 unless we
move that, adjust for that.
Horow/ You are to be at the Highlander.
Kubby/ We could do 7:30.
Nov/ Be back here at 7:30 and do that°
Kubby/ We can make it so if that is the only way people want to go.
Nov/ I think it is difficult to-
Kubby/ I would like to have a night at home myself but- I don't get
very many of those. I prefer to do it in th~ morning.
Nov/ But I think it is difficult for Bruno to do it 3:00 in the
afternoon.
Pigott/ I could be here at 8:00 in the morning to do this. If you
want %o do it at 8:00 in the morning but I don't know if it is
easy for anyone else.
Horow/ 8:00 in the morning on Monday?
Pigott/ Yeah, do it any day.
Baker/ Monday, Wednesday, Friday are fine.
Horow/ Why don't we get this out of the way?
Kubby/ Monday at 8:00. Is that okay with everybody?
Throg/ I will 'not be able to be here until 8:10 or so.
Kubby/ Why don't we say 8:15 just so people are clear about what
time things will actually begin.
Horow/ Moved by Kubby, seconded by Lehman to (defer to) Monday,
8:15 AM. Any further discussion?
Woito/ And that is for 33a and b?
Horow/ Yes.
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#33a & 33b page 15
Nov/ I think b is easier to decide.
Lehman/ Susan, we are meeting here, right?
Horow/ Yes.
Nov/ I have a question for Doug. Do you have all of these documents
in your office? Can I come there and sit there and look at
them?
Boothroy/ I have them right here so I will have them in my office,
yes.
Nov/ Thank you.
Woito/ I will have them in my office, too.
Nov/ Thank you.
Horow/ All those in favor signify by saying aye (ayes).
Karr/ Madam Mayor, is this for 33a & b or just a?
Horow/ 33 a & b. Yes. It was unanimous.
Woito/ You didn't vote.
Horow/ I didn't think we voted. Why did everyone say we did?
Nov/ We didn't.
Horow/ All those in favor signify by saying aye (ayes). Thank you.
Thisrepresents only a reasonably accurate transcription ofthalowa City council meeting of Me~ch 28,1995.
F032895
City of iowa City
MEMORANDUM
DATE:
'TO:
FROM:
RE:
March 24, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
March' 27, 1995
6:30 P.M.
6:30 P.M.
7:00 P.M.
7:10 P.M.
7:40 P.M.
7:50 P.M.
8:20 P.M.
8:25 P.M.
8:30 P.M.
March 28, 1995
7:30 P.M.
March 29, 1995
6:30 P.M.
April 4, 1995
4:30 P.M.
April 10, 1995
6:30 P.M.
April 11, 1995
7:30 P.M.
Monday
City Council Work Session - Council Chambers
Review zoning matters
Property acquisition - future housing constructioo
- Design plans for the Hieronymus Project
- Parking meters - 500 block of Iowa Avenue
- Public Works Projects:
- Rohret Road Reconstruction
- Well Construction and Pump Test at the Water Facility
Site
- Abbey Lane Sanitary Trunk Sewer
- Longfellow Area Storm and Sanitary Sewer Project
- Highlander Area Sanitary Sewer, Lift Station and
Force Main Project
- Burlington/Gilbert Intersection
- Request from Mayor of Solon to place local sales tax
on ballot
- Consider appointment to the Animal Control Advisory
Board
- Council agenda, Council time, Council committee reports
Tuesday
Regular Council Meeting - Council Chambers
Wednesday
Water Project Forum - Iowa City Public Library, Room A
Tuesday
Joint Meeting of the City Council and Johnson County
Board of Supervisors - Highlander Inn
Monday
City Council Work Session - Council
Agenda pending
Chambers
Tuesday
Regular Council Neeting - Council Chambers