HomeMy WebLinkAbout1995-04-25 Info PacketCity of Iowa City
MEMORANDUM
DATE: April 14, 1995
TO: Memo for Record
FROM: City Manager
RE: Material in Information Packet
Copy of letter from Mayor Horowitz to Professor Steve Collins, Chair /3~3
of the Presidential Search Committee.
Memoranda from the City Manager:
a. Parks and Recreation Award Z~
b. Pending Development Issues 1305
Memoranda from the City Clerk:
a. Revised Council Sessions/May, June and July
b. Meeting with County on Local Option Sales Tax
c. Water Forum, March 29, 1995
d. Joint Meeting of the City Council and Johnson County Board of /~_
Supervisors
e. Current Sidewalk Cafe Procedure /
Memorandum from the City Attorney regarding Project 008.
Memorandum from the Assistant Director of Planning and Community
Development regarding meeting of the Near Southside Design Plan
Advisory Committee.
Copy of letter from Old Capitol Youth Hockey Association to the Iowa /3/~
City Department of Parks and Recreation regarding ice skating program.
Minutes of the April 4, 1995, meeting of the Neighborhood Open Space
Action Plan Committee.
Agenda for the April 13, t995, meeting of the Johnson County Board /~/~ .
of Supervisors.
April 13, 1995
CITY OF I0 WA CITY
Professor Steve Collins, Chair
Presidential Search Committee
4406 Engineering Bldg.
The University of Iowa
Iowa City, IA 52242
Dear Professor Collins:
Regrettably, I have been delinquent in offering opinions on the kind of President to replace
departing Hunter Rawlings, either in writing to the Search Committee or appearing at your
open forums. Please accept my apologies.
I am sure the Committee realizes that each of our communities, while occupying the same
physical space, sees our needs and missions from different perspectives. One of the biggest
hurdles a university president and an individual council member must overcome, however, is
being able to rise above any personal agendas or strongly-held philosophies and be able to
move an academic institution and the city forward for the collective good of all. This is not
easily accomplished, but important to our community's success.
It has been my good fortune to have worked with President Rawlings in an arena of respectful
cooperation and realistic recognition that the City can't let the University "ride herd" over it
nor can the City forget our responsibilities of providing a physical location that is healthy, safe
and holds a degree of "well fare" for all of its citizens, some of whom are students.
Jointly he and I have encouraged the deans of the schools to utilize the city for practicum
experiences for the students, when appropriate. Jointly he and I have encouraged and
appreciated the many faculty and staff who participate on boards and commissions, not only
in Iowa City but the surrounding communities and counties. He and I have discussed the
desire to recognize these activities in some manner benefitting academic advancement.
While personally I have contributed to classes in various colleges and participated in
ceremonies within campus life, as have other Council members, I and many citizens have been
impressed and thankful for President Rawlings' willingness to be a contributing citizen while
he has resided in Iowa City. Elizabeth Rawlings has gone the extra step of being an active
member in various private organizations which contribute to the quality of life we all enjoy in
this city; however, it has been her participation in the City/County/United Way Human
Professor Steven Collins
April 13, 1995
Page 2
Services Agencies funding review panel which has greatly moved me and others to realizing
how much this couple has joined in contributing to the life of this city.
I recognize that any university president and spouse of a state-funded institution face a very
delicate balance of supporting the city in which they live against charges throughout the rest
of the state that they are playing favoritism. The University of Iowa policies are directed by
the Board of Regents who are riscally encumbered by the Iowa Legislature's votes. That
body's desires for the University's product, namely the student, will probably always hold
tension for the space in which our two communities exist. Recognizing this fact of life and
living with it probably is the most important character trait I'd look for in the University's new
President. I wish you success in your endeavors and any way I can be of assistance, please
{et me know.
Sincerely yours,
Susan M. Horowitz
Mayor
CC:
City Council' X
Iowa City Press-Citizen Opinion Page
City of Iowa City
MEMORANDUM
DATE: April 11, 1995
TO: City Council
FROM: City Manager
RE: Parks and Recreation Award
The Iowa Park and Recreation Association has awarded the City's Parks
and Recreation Department the 1995 Brochure Design Award for Large
Cities.
City of Iowa City
MEMORANDUM
DATE: April 11, 1995
TO: City Council
FROM: City Manager
RE: Pending Development Issues
An application submitted by East Hill Subdivision, Inc., for prelimi-
nary plat approval of East Hill Subdivision, a 36-1ot, 13.11 acre
residential subdivision located at 655 Meadow Street.
An application received from Anderson & Lloyd Building to rezone
38 acres located south of Napoleon Park on the west side of South
Gilbert Street from ID-RM, Interim Development Multi-Family Residen-
tial, to RM-20, Medium Density Multi-Family Residential.
An application received from Waldon Development Co. to rezone 4.3
acres located on Walden Road extended from RS-8, Medium Density
Single-Family Residential, to OPDH-8, Planned Development Housing
Overlay Zone.
An application submitted to Johnson County by A1Streb to fezone
73.85 acres located in Fringe Area 5 east of Scott Boulevard and .5
mile north of Highway 6 from RS, Suburban Residential, to CH, High-
way Commercial.
An application submitted to Johnson County by Celeste Holloway and
Tom Bockenstedt to rezone 1.99 acres of a 10.6 acre'tract fromAI,
Rural, to RS, Suburban Residential, for property located in the
southeast quadrant of Rapid Creek Road NE and Lynden Heights Road
NE in Fringe Area 4.
City of Iowa City
MEMORANDUM
Date: April 12, 1995
To: Mayor and City Council
From: Marian K. Kerr, City Clerk
Re;
May 7
May 8
May 9
May 11
Revised Council Sessions/May, June, July
- City Open House
- Regular Work Session
- Regular Formal Meeting
- Joint Meeting with County (5:30 - Local Option Sales Tax)
May 22
May 23
- Regular Work Session
- Regular Formal Meeting
May 30
Special Work Session (6:30 - ClP)
June 5
June 6
- Regular Work Session
- Regular Formal Meeting
June t9} - Canceled
June 20}
June 26
June 27
- Special Work Session
- Special Formal Meeting
July 3} - Cancelled
July 4}
Resume regular schedule
Department Directors
Media
clerk~ccsess.mrno
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 13, 1995
Mayor and City Council ,~
Marian K. Karr, City Clerk
Meeting with County on Local Option
Sales Tax
I received confirmation today of the discussion meeting for all
mayors and city council members in Johnson County hosted by the
Johnson County Board of Supervisors and the City Council of Iowa
City.
This meeting is scheduled for May 11 at 5:30 p.m. in the Board of
Supervisors Boardroom. Adjournment is planned at 6:30 p.m.
Please forward any
later than Monday.
county for mailing.
information you wished distributed to me no
I will have copies made and deliver to the
City of-Iowa City
MEMORANDUM
Date: April 11, 1995
To:
Mayor and City Council
From: City Clerk
Re:
Water Forum, March 29, 1995 - 6:30 p.m. in the Iowa City Public Library Room A
Council present: Horowitz, Baker, Kubby, Lehman, Novick, Throgmorton. Absent: Pigoff. Staff
present: Atkins, Woito, Ogren, Moreno, Schmadeke, Elias, Karr, Sweeting, Meacham. Tapes:
95-47, All; 95-48, Side 1.
WATER FORUM
Mayor Horowitz welcomed participants and television viewers to the water and wastewater
forum and call-in program. Horowitz stated the purpose of the forum was to answer questions
about the proposed wastewater treatment facility and water treatment plant.
Mayor Horowitz introduced panel member as follows:
Dave Elias, (Pollution Control) Wastewater Superintendent
Ed Moreno, Water Superintendent
Ralph Russell, Howard R. Green
Chuck Meyer, Stanley Consultants
Steve Atkins, City Manager
Chuck Schmadeke, Director, Depadment of Public Works
Questions were received from audience and by telephone call-in and were responded by panel
members until 8:30 p.m.
(A complete transcription is available in the City Clerk's office.)
derk~wtrfo~urn.min
City of Iowa City
MEMORANDUM
Date: April 14, 1995
To:
Mayor and City Council
Johnson County Board of Supervisors
From: City Clerk
Re:
Joint Meeting of the City Council of Iowa City and the Johnson County Board of
Supervisors, April 4, 1995 - 4:30 p.m. at the Highlander Inn
Mayor Susan Horowitz presiding. City Council present: Horowitz, Baker, Kubby, Novick,
Throgmorton, Lehman (5:05 p.m.). Absent: Pigott. City staff present: Arkins, Karr, Smith,
Helling (5:15 p.m.). Board of Supervisors: Bolkcom, Duffy, Lacina, Sehr, Stutsman. County staff:
Peters, White. Tapes: Reel 95-44, Side 2; 95-50, All.
CALL TO ORDER:
Mayor Horowitz called the meeting to order at 4:35 p.m.
ECONOMIC DEVELOPMENT IN COUNTY:
INDUSTRIAL PARK. Lacina explained the Streb application is scheduled on the County zoning
agenda April 10; the Strebs are proposing 18 acres commercial zoning along Scott Boulevard;
and the project would include one curb cut and a frontage road that would go back in beb,veen
Scott Boulevard and the creek. In response to Horowitz, Lacina encouraged City staff members
to attend the April 10 County zoning meeting. Lacina stated the County's objective would be to
rezone the propedy from residential use to industrial use and, if appropriate, some commercial.
Kubby raised concerns about the amount of property that would be commercial. Lacina
suggested that the supervisors and Council walk the properly.
Lacina stated the County has an application from an electrical cooperative and are considering
supporting a grant application to the state for a business that employs eight people now and
would be expanding to 20. The applicant is applying for a forgivable loan and in the event the
application is changed to a low interest loan, payments would come to the County to establish
a revolving loan fund of approximately $50,000.
Horowitz asked what the roles of the City and County in the industrial park should be. Lacina
said the first step of the County is to rezone the land, the City should contact the property owners
regarding annexation. Lacina said the County does not have the money budgeted for the
industrial park. City Manager Arkins said he has been in contact with the Houghton/Tucker
property owners and they want to sell the property. Cost of the property would be approximately
one-half million dollars. Atkins explained the City has worked on design for the property. Kubby
emphasized that Council has strong feelings about the amount of commemial property and has
directed staff to attend the April 10 County meeting. Horowitz said the whole area should be
2
looked at in terms of accessibility and infrastructure. Atkins said the City can design either one
of the Houghton/Tucker or Streb parcels so that they fit with each other and that the street is
designed at the proper point to blend in with the rest of the project. Lacina noted that currently
the Streb design and City plans are different and the entire tract should be considered for better
planning. Lacina racommended that the City talk with Strebs prior to the April 10 meeting. Atkins
stated the Strebs would be contacted tomorrow.
Kubby asked if the County has considered how to mitigate storm water runoff, septic fields, etc.
that are part of the watershed at Snyder Creek bottoms. Lacina said that would be considered
in the platting process. Kubby noted that a majority of Council has agreed to the concept that
if there was any public assistance, some kind of different protocol will be used. Kubby said
Council is looking at how many jobs, rate of pay, kinds of benefits, product, pollution control
programs, runoff prevention programs, and the concept of sustainable development. Lacina said
the City should look at how ideas affect the surrounding county. Baker said the idea of promoting
existing businesses fits in with the City's goals. Kubby said Council is also looking at
pedormance monitoring. Throgmorton explained the sustainable development concept. Baker
suggested that the City send its staff report on sustainable growth to the County Board of
Supervisors.
Bolkcom asked the City and County roles with regards to the Houghton/Tucker and Streb
properties. Horowitz explained that the City needs to find out if Strebs are willing to be annexed
into the city. Novick said it would be advantageous for industry to be located within the city.
Duffy stated the general public has questions about the industrial park area. Duffy said the April
10 meeting is at 6:30 p.m.
Kubby asked about the County's plans to budget for economic development. Lacina asked if the
industrial park occurred in the county, the county would look at using TIF funding.
OFFICE RESEARCH PARK (ORP).
Horowitz said there are opportunities to promote ORP in Iowa City area. Horowitz asked if the
County plans to keep the ORP in Oakdale. Lacina explained that University representatives are
interested in Scott Boulevard as an area for moving their Oakdale industries. In response to
Bolkcom, Horowitz said ORP areas are located at 1-380, Camp Cardinal and Melrose Avenue and
Highway 6. Kubby asked if land could be zoned for both ORP and industry. Arkins said that he
has seen it done, but it usually forces industry to make more of an investment in their buildings.
Lacina summarized Supervisor options for the April 10 County meeting on the Streb property:
to accept the application; modify the application; to defer the application for further research; or
to vote the application down. Lacina said continuing discussion on the application would make
the most sense.
LOCAL OPTION SALES TAX
Horowitz noted that Council and Supervisors received the "Local Option Sales Tax -- The Most
Frequently Asked Questions and Answers" handout. Horowitz said it is important for locally
elected officials to be up to date on the local option sales tax information.
3
In response to Baker, Karr said the deadline for getting something on the November ballot is the
end of August. Horowitz stated that the City of Solon has asked Iowa City to work with them on
the local option sales tax and that Council has decided to discuss the issue. Council and
Supervisors discussed the local option sales tax requirements and its impact on contiguous cities
to Iowa City. County Attorney Patrick White noted that he has not worked on the local option
sales tax issue recently. In response to Horowitz, Atkins stated that a tax can be repealed within
a municipality which is contiguous to the other municipalities after one year.
Baker stated the City ought to offer the local option sales tax on the ballot in November and
Council should decide on the purpose of those monies. Horowitz asked how the Board of
Supervisors feels about the local option sales tax. Sehr stated the Supervisors have not
discussed it, Throgmodon said Council needs to decide whether to address the local option sales
tax and the water and sewer projects together or not, Throgmorton suggested holding a Council
meeting focusing exclusively on the local option sales tax. Baker said the decision on the local
option sales tax should be made in time to put in on the November ballot, Kubby requested that
the County discuss it and give feedback to the City. Sehr said the local option sales tax should
be discussed with the other communities in Johnson County, Kubby said she will contact Johnson
County Council of Governments about getting it on their agenda. In response to Lacina, Karr will
obtain information from other municipalities, Lacina said the County could get information about
other counties through Iowa Association of Counties (ISAC).
Council and Supervisors discussed the local option sales tax, including regressivity, properly tax
relief, impact to County residents, impact on Coralville, impact on Iowa City water and sewer bills,
and items excluded from the local option sales tax. Bolkccm said if the local option sales tax
goes on the November ballot, officials should do a good education on it.
Novick suggested that copies of the local option sales tax handout be distributed to area
municipalities. It was agreed that the County would distribute the information. Throgmorton
suggested the City Council hold a special work session on the local option sales tax,
Sehr suggested that all mayors of all small towns meet to discuss the local option sales tax.
Horowitz and Lacina agreed to jointly set up a meeting of area municipalities and County officials
to discuss the local option sales tax.
TRAFFIC CONTROL
Kubby informed the Board of Supervisors that the City will begin reconstruction work on Rohret
Road soon and that Mater Avenue will be used as a detour road. Kubby asked the County for
traffic control assistance. Horowitz noted that she talked with the County Sheriff's Department
regarding the traffic assistance and the County Sheriff and City Police Department have agreed
to work together, Horowitz noted that she hopes the IDOT will assist with more signage on
Highway 1.
Kubby asked County Supervisors to look at the future regarding other traffic control issues that
the City and County could work together on.
4
FRINGE AREA AGREEMENT
Baker asked if the City and County wanted to hold separate or joint public hearings on the
proposed fringe area agreement. Lacina said the Board of Supervisors have many questions
regarding the proposed agreement and that the County needs to hold their own work session on
the proposed fringe area agreement. Kubby said that City Council has discussed that if they
cannot get an acceptable agreement soon, they will just have to say everything in the fringe area
within one mile has to be built to City standards. Novick raised concerns about the need for fire
code restrictions. Lacina raised concerns about some of the proposed restrictions not being
consistent with the current City standards, Kubby requested staff outline joint committee
discussions during the drafting of the proposed fringe area agreement. Stutsman said the County
needs to hold their own work session on the drafted fringe area agreement. Kubby said she is
interested in getting an agreement that both the City and County can agree to. Kubby said part
of the problem is whether the document is considered a guideline or regulation, Bolkcom
suggested that the Planning & Zoning Commission/Committee members attend both the City and
County work sessions to answer questions.
Horowitz suggested the City meet May 30 or 31st on the fringe area agreement meeting. Atkins
reminded Council Members that two other major policy issues, the CIP and water and sewer
projects also need to be scheduled.
Kubby suggested the City and County establish a timeline for discussion on the fringe area
agreement,
Meeting adjourned at 6:15 p.m.
c~erk~CCBOS4.4.mln
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 14, 1995
Mayor and City Council
Marian K. Karr, City Clerk
Current Sidewalk Cafe Procedure
At Council's formal meeting of April i1 Tara Cronbaugh from the
Java House appeared regarding establishing a sidewalk cafe. There
was confusion regarding the present ordinance and what the Java
House needed to do. The present ordinance/procedure is as follows:
The business owner prepares a schematic drawing/plan of the
proposed business extension and use of City right-of-way. The
plan is submitted to Public Works. After Public Works and City
Attorney review a public right-of-way easement agreement ~
resolution is prepared for Council consideration.
Once use of public right-of-way is approved, the business
coordinates arrangement of fixtures with Housing Inspection
Services.
Currently the City charges $500.00 for a sidewalk ¢afe(CB-
10,CB-2, and Zone 1 of the Plaza) which can operate from April
1 thru October 30 of any calendar year.
CC: Linda Woito
Rick Fosse
Ron Boose
1310
City of Iowa City
MEMORANDUM
Date:
April 12, 1995
To:
From:
Re:
Doug Boothroy, Director, Housing & Inspection Services Department, City of
Iowa City, Iowa; "Contracting Officer" for Iowa City Housing Authority
Projects: Whispering Meadows Housing Development Project IA05P022009
(Smaller Project) and IA05P022008 (Larger Project) , .
Linda Newman Woito, City Attorney ~
Most Recent Questions Concerning Decision not to Rebid Larger Project 008,
and Award to McComasoLacina Construction at City Council Meeting April 3,
1995
issue:
A number of questions, and resulting memoranda, have been generated by this Office
concerning the above projects. Most recently, the question has been raised as to whether the
City's bid award of the larger of the two HUD housing projects, namely IA05P022008
(hereafter "project 08") is a valid bid award under local, state and federal law.
Summary of Conclusion:
The answer to this question is "yes." It is the opinion of the City Attorney's Office that
McComas-Lacina Construction is a "qualified bidder" for purposes of a bid award for project
08, and that McComas-Lacina possesses the financial responsibility, experience, integrity and
sufficient workers to provide a good quality work product to the City. It is the further
conclusion of this Office that McComas-Lacina is entitled to enjoy the benefits as a successful
"lowest responsible bidder" under state and federal law. Moreover, it is my considered
opinion that awarding project 08 to McComas-Lacina satisfies the spirit and intent of local,
state and federal law by protecting the public's interest in obtaining a good work product
within a specified time, at the lowest responsible price.
Background:
In reviewing the history of both projects 09 and 08, I report the following:
1. Sometime last year, Housing and Inspection Services Department Director Doug Boothroy .
approached the City Council at a work session, and requested informal approval from the City
Council to apply for Housing and Urban Development (HUD) monies, in order to construct
single-family dwellings in Iowa City, Iowa. At that time, the City Council gave Doug Boothroy
approval to make application for said monies.
2. On February 14, 1995, the City Council passed a formal resolution, setting a public
hearihg on the plans, specifications and form of contract for construction of 33 single-family
2
public housing units, also known as Whispering Meadows Housing Development. This
resolution is required by state law and the plans are actually for two different projects, known
as project 08 involving 20 single-family dwellings, and project 09 involving 13 single-family
dwellings.
3. On February 21, 1995, the City Council adopted Resolution No. 95-32 approving the
plans, specifications and form of contract for both Projects, and set time for bid opening for
March 21, 1995, at 10:30 a.m.
4. On March 6, 1995, City Architect Jim Schoenfelder held a pre-bid meeting to answer
questions from potential contractors or subcontractors on both Projects.
5. HUD form 5369-A, found in pages 75-79 of the Iowa City Housing Authority Whispering
Meadows Housing Development Project Manual (hereafter "Project Manual") states that:
"If the successful bidder does not submit the certificate [form 2530] with
his/her bid, he/she must submit it within three (3) working days of bid
opening."
6. On March 13, 1995, the City submitted Addendum #2 and required that both HUD forms
be submitted with the bid. The City made this request as a result of questions raised by
potential bidders at the pre-bid March 6, 1995, meeting.
7. Of five bidders on the smaller project 09, two of the five contractors were apparently
confused as to the need to submit both HUD forms:
Bidder Base Bid
HUD Forms Submitted?
McComas-Lacina
Tod Hackett
AI Tomae
Frantz Construction Co.
Ben Moore Construction
$937,782
$1,096,O00
$1,033,999
$938,627
$983,950
2 HUD forms not submitted
2 HUD forms were submitted
2 HUD forms were submitted
2 HUD forms were submitted
1 HUD form submitted [2530]
8. As for the larger project 08, only one bid resulted:
Bidder Base Bid
HUD Forms Submitted?
McComas-Lacina
$1,451,926
No HUD forms submitted
9. Within several hours on th,e same day of the bid opening March 21, 1995, McComas-
Lacina did submit HUD forms 5369-A and 2530 for both projects. Thus, McComas-Lacina
has satisfied the requirement for all HUD forms, as originally contained in the Project Manual.
10. In preparation for the first City Council meeting to be held March 28, 1995 to discuss
possible bid awards, McComas-Lacina had not yet completed City bid forms which required
information on work of a "similar character and experience" and "proposed contractors." At
this ju.ncture, it was staff's recommendation to rebid Project 08 because McComas-Lacina
was the only bidder and their bid was "deficient."
3
~1. On Thursday March 23, 1995, McComas-Lacina filed a "protest" to staff's recommen-
dation to award the smaller project 09 to Frantz Construction (based on McComas-Lacina's
lowest base bid), and also protested the staff's recommendation to reject the McComas-
Lacina bid on project 08, see attached protest found in my 3/28/95 memo.
12. At their regular City Council meet;.~g on Tuesday, March 28, 1995, the City Council
discussed the staff recommendations, together with the obvious concern that McComas-
Lacina's protest had to be resolved. Thus, Council voted to defer action on both projects,
pending further review by the City Attorney and resolution of McComas-Lacina's protest
rights.
13. As seen from my memo dated March 30, 1995, I previously explained the definition of
"protest" provided by HUD regulations, and also the City PHA's procedures for protest. City
procedures provide that Doug Boothroy as "Contracting Officer" simply reviews the protest,
and makes a "written decision," see attached.
14. Since I am of the opinion, as City Attorney for the PHA, that the procedural due process
clause of the Fifth and Fourteenth Amendments to the U.S. Constitution require the City PHA
to provide more "procedural due process" than contained in the PHA "protest procedures"
(even though our procedures were based on an approved HUD model), I suggested that you
provide an informal administrative due process hearing which, under constitutional law, means
providing the following:
1. Reasonable notice to the person challenging a governmental decision, including the
time, place and date of an informal administrative hearing;
2. An opportunity for the protestor to appear and present "their side of the story,"
to correct any factual errors you might have allegedly made, and also to correct or
present other information concerning interpretation of applicable law or regulations.
You chose to follow my advice, and we jointly sent a letter dated March 29, 7995, notifying
the protesting party, namely McComas-Lacina, to their attorney Bob Downer, see attached.
This letter was hand-delivered to Bob Downer personally by my secretary Anne Neylan.
15. On Thursday, March 30, 1995, I understand you (Doug) met with Bob Downer, attorney
for McComas-Lacina; Chuck McComas, one of the principals of McComas-Lacina Construc-
tion; and Mike Hahn, an employee of McComas-Lacina. The discussion concerned McComas-
Lacina's protests for proposed City action on both projects 08 and 09.
16. As seen in your letter dated March 31, 1995, which constitutes the "written decision"
required by the Iowa City PHA's. protest procedures, you (Doug) noted that McComas-Lacina
is an experienced local contractor with the ability to satisfactorily complete project 08. You
then received additional information needed in the City bid documents for both projects 08
and 09. You also reviewed the following information and considerations:
Proiect 09
a. McComas-Lacina requested that the City permit them to withdraw their bid to the
smaller project 09, and also to withdraw the protest to that bid. It was your decision
to consider their bid withdrawn. While I understand that the original bid documents
do not permit the bidder to withdraw the bid for at least 30 days, it is my considered
opinion that this language is written for, and designed to protect, the City of Iowa
City; and further, that it is within your discretion as Contracting Officer to permit a bid
to be withdrawn if you find it to be in the public interest - as you apparently did.
b. Upon withdrawal of the MoComas-Lacina bid for project 09, you then considered
the bid from Frantz Construction to be the "lowest responsible bid" in the amount of
9938,627, and recommended the Council award same.
c. You then considered McComas-Lacina's protest for project 08, and received
additional City bid document information previously left out - namely, "proposed
subcontractors" and "work of a similar nature." You then noted that the two HUD
forms had been received by the City March 21, 1995;and found that all of the asked-
for information was now before you, as Contracting Officer, for project 08. You also
noted that McComas-Lacina was the only bidder with the financial wherewithal to
obtain the required performance bond for such a large residential construction project.
d. You also calculated that the net square footage cost for project 08 was actually
lower than any of the five bids for project 09 - which demonstrated a clear benefit to
the City of Iowa City.
e. You also noted that the now completed bid form for project 08 reflects use of local
subcontractors, including a minority contractor.
f. You also noted that McComas-Lacina Construction Company was the only bidder
for the larger project 08. Thus, once all of the bid documents had been received and
reviewed by you, you found McComas-Lacina's bid to be in "proper form" and in the
City's interest. Moreover, you found that the traditional concerns for a "level playing
field" with respect to other bidders were non-existent, because there were no other
bidders to be outbid or prejudiced by permitting McComas-Lacina to cure or remedy
the earlier omissions or defects.
g. Finally and perhaps most importantly, you determined that the decision to award
project 08 to McComas-Lacina was in the public interest; and that the benefits of
rebidding the project clearly did not outweigh the pre-existing flaws of the original bid
- especially since, within a short time the "flaws" had been corrected. tn considering
this "balancing or weighing test," you found that keeping the project "on schedule"
was a primary concern for the City, and awarding the bid to McComas-Lacina enabled
us to do so without costly delays.
17. Based on the City's own experience with McComas-Lacina and residential construction,
it is clear that McComas-Lacina is likely to be the only bidder in the area that has sufficient
crews and financial wherewithal (including performance bonding) to successfully build 20
houses in one construction season, namely by December 31, 1995. From City staff
experience spanning more than ten years, project 08 is a "very tall order" for most residential
contractors in the Iowa City area - since most contractors build not more than 4-8 houses
in any one construction season.
5
18. Moreover, I concur with you, Doug, that rebidding is likely to result only in costly delays,
with little benefits accruing to the City other than "rebidding for rebidding's sake." That is,
with lumber prices being as volatile as they are, the likelihood of a lower bid is slim and the
likelihood of delays is great. Moreover, it is highly unlikely that any additional contractors
would bid on the larger project 08, since few, if any, have the sufficient crew and financial
wherewithal to construct 20 houses in one construction season.
19. Based on your decision on McComas-Lacina's protest to project 08 and on advice of
counsel, the City Council awarded the contract to McComas~Lacina at a special meeting April
3, 1995.
Having reviewed the chronology and the Council's latest decision, we must now review the
bid documents and applicable law to assure ourselves the Council's decision was appropriate
under the circumstances.
Review of Bidding Documents and State, Local and Federal Regulations:
In reviewing local, state and federal law and bid documents, I note the following:
1. The City bid documents permit the City a reasonable amount of flexibility in awarding bids
- which is as it should be. For example, §2.14(3), on page 20 of the Project Manual,
provides:
"The Owner [City] may reject bids which in its sole judgment are either
incomplete, conditions [sic], obscure or not responsive or which contain
additions not called for, erasures not properly initialed, alterations, or similar
irregularities, or the Owner [City] may waive such omissions, conditions or
irregularities." [Emphasis added.]
It is my understanding that you as Contracting Officer and in the course of your duties to
review McComas-Lacina's protest for project 08, found that any omissions or irregularities had
been satisfied; that there were no other bidders competing with McComas-Lacina; and thus
McComas-Lacina became an "eligible bidder" as of March 30, 1995.
2. State law requires formal bidding requirements which are far more detailed than HUD
regulations discussed below, see attached copy of Code of Iowa governing city public bidding
laws. But even state law permits the City to retain flexibility to reject all bids, to rebid the
project, and to award the bid to the "lowest responsible bidder," see §§384.99 and .100,
Code of Iowa (1993). The term."lowest responsible bidder" is important in Iowa law, because
the City can, for example, reject the "lowest bidder" as "not responsible" if the City has had
prior bad experiences with the bidder. This has indeed happened over the years, and I have
advised City staff that we would be remiss in our duties if we were to take the "lowest price"
regardless of whether the bidder were "responsible."
3. HUD regulations similarly permit flexibility to the City in awarding bids. For example,
under §4, "Responsibility of Prospective Contractor," subparagraph a provides that the City
may require a bidder to submit a statement concerning the following;
6
1. Integrity;
2. Compliance with public policy;
3. Record of past performance; and
4. Financia~ and technical resources (including construction and technical
equipment).
HUD Form 5369, page 37, Project Manual.
4. So also subparagraph 4(b) provides:
"Before a bid is considered for award, the bidder may be requested by the
PHA/HA to submit a statement or other documentation regarding any of the
items in paragraph (a) above. Failure by the bidder to provide such additional
information shall render the bidder nonresponsible and ineligible for award."
Page 1 of 4, HUD Form 5369, page 37, Project Manual, see attached.
5. As I understand the due process/protest hearing you, Doug, did request this information
and received information concerning McComas-Lacina's integrity, their compliance with public
policy, their record of past performance, and their financial and technical resources necessary
to complete the bid. Based on your decision issued March 30, 1995, the information
presented was more than adequate to assure you that awarding project 08 to McComas-
Lacina was appropriate and in the City's best interest - which is precisely the reason for
HUD's Section 4(a) and (b) cited above.
6. Federal regulations adopted by HUD also provide flexibility to the City in determining the
successful bidder. For example, 24 CFR Subtitle A. §85.36(d)12) provides that if the
"...formal sealed bids method is selected, the bid should be awarded to the
bidder whose bid conforming with all material terms and conditions of the
invitation for bids, is the lowest in price." (See attached)
7. As previously discussed, as of March 30, 1995 McComas-Lacina had furnished the
necessary City bid documents to you. Thus, HUD's "protest procedures" proved beneficial
to the City because, without additional costly delays and possible increased lumber costs, the
City was able to assure itself that McComas-Lacina did, indeed, meet
"...all material terms and conditions of the invitation for bids,..."
and that McComas-Lacina, indeed, had the "lowest price" as required by 24 CFR Subtitle A,
§ 85.36(d)(2).
8. You then recommended to the City Council, at a meeting held April 3, 1995, that the bid
for project 08 be awarded to McComas-Lacina Construction for all of the above reasons. The
Council agreed with this recommendation, and awarded the bid at that meeting, see attached
agenda item and information.
9. In sum, the City of Iowa City has now selected McComas-Lacina as the "lowest
responsible bidder" for the larger project 08 as required by state law, and has found that
7
McComas-Lacina has met all "material terms and conditions" as required by federal HUD
regulation 24 CFR Subtitle A, §85.36(d)(2). There is nothing more that needs satisfying under
the bid documents, or state or federal law. More importantly, the lower "~oer net square foot
cost" of project 08 confirms that McComas-Lacina is the "lowest responsible bidder" under
both state and federal law.
Thus, it is my considered opinion that the City's decision to award the bid to McComas-Lacina
for project 08 is a valid decision under local, state and federal law. Moreover, the City's bid
documents and procedures should not be a "trap for the unwary." Rather, it should always
be the City's goal to provide a reasonably fair and workable bidding process, with the best
overall result to the City of Iowa City.
Intent of Bidding Laws;
Finally, I believe the City's award of project 08 to McComas-Lacina not only satisfies the
"letter of the law," but also the spirit and intent of the law:
1. The purpose of the public bidding procedures is to a) give a level playing field to all
bidders; b) assure honesty in the bidder by avoiding collusion.with subcontractors; c) assure
honesty in city government by keeping the bidding process open to the public; and, most
importantly, d) getting the bGst overall product for the least overall price in as efficient a
manner as possible.
A city may reject all bids and rebid a project where the contractor has attempted to evade the
statute by dividing a project into smaller projects, e.g. Horrabin Pavinq Co. v. City of Creston,
221 Iowa 1237, 1248 (1935), or where the City finds evidence of fraud, misrepresentation,
collusion, or an intent to evade the statute, e.g. Kunkle Water & Electric v. City of Prescott,
347 N.W.2d 648, 653 (Iowa 1984).
2. In the case before us, I find no evidence whatsoever of contractors attempting to evade
the public bidding statutes, or any evidence whatsoever of fraud, misrepresentation or
collusion. The most I find is an inadvertent omission of certain documents - most of which
were corrected within two hours of bidding, and did not disadvantage other contractors or
change the "level playing field" because there were no other bidders to disadvantage.
3. The primary purpose underlying Iowa's public bidding law is to protect the public risc and
get the best benefit for the city's bargain. This rationale was stated in a recent Iowa case,
which also dealt with potential HUD monies. One unsuccessful contractor challenged the
legality of the ¢ity's refusal to accept its bid as the "lowest bid," see Istari Construction, Inc.
v. City of Muscatine, 330 N.W.2d 798 (Iowa 1983). In upholding the city's ability to reject
the lowest bid in favor of anoth.er "lowest responsible bidder," or to reject all bids and solicit
new bids, the Iowa Supreme Court discussed the justification for competitive bidding
procedures as those
"'...employed for the protection of the public to secure by competition among
bidders, the best result at the lowest price, and to forestall fraud, favoritism
and corruption in the making of contracts.'"
Istari, at 800.
Moreover, in the Istari case, the Iowa Supreme Court acknowledged that HUD had the right
to refuse funding, but that the responsibility for selecting the "lowest responsible bidder" rests
with the governing body:
"Here, the city council was that appropriate governing body and had the
obligation to determine who was the lowest responsible bidder."
Istari, at 800-01.
Other jurisdictions, including California, agree with the Iowa Court's rationale for competitive
bid statutes. For example, Los Angeles Dredqinq v. City of Lonq Beach, 291 P. 839 (Cal.
1930), the California Supreme Court examined a contract for the dredging of the Long Beach
harbor executed after a competitive bidding process comparable to Iowa's statutes. The
contractor did the work, and then did additional work based on oral contracts. When the
Contractor presented the work for payment, the City refused and the contractor sued -
claiming there was no necessity to rebid the "additional work", because the additional work
was required by unforeseen dredging problems.
In rejecting the City's argument, the Los Anqeles Dredqinq Court noted that there is a well-
recognized exception to the general requirement that cities adhere strictly to a competitive
bidding requirement, namely that sometimes it is undesirable or impossible to advertise for
bids for a particular work. Quoting 2 DILLON, MUNICIPAL CORPORATIONS, 1199 §802, the
California Court stated:
"'It has been held that where competitive proposals work an incongruity and
are unavailing as affecting the final result, or where they do not produce any
advantage,...a statute requiring competitive bidding does not apply.'"
Los An.qeles Dredqinq, at 842 [emphasis added].
The California Court explained:
"Competitive offers or bids have no other object but to insure economy and
exclude favoritism and corruption...[the statutes] are not to have such a
construction as to defeat this purpose, to impede the usual and regular progress
of the public business, or to deprive the inhabitants, even temporarily, of those
things necessary and indispensable...."
Id._.~. [Emphasis added.]
4. Similarly, a New Jersey Court noted in Homeowners Construction Co. v. Borouqh of Glen
Rock, 169 A.2d 129 (N.J. 1961 ) that the state bidding statutes embodied sound public policy
in furtherance of efficient government administration. Thus, bidding statutes must be
construed fairly and sensibly in order to further, rather than defeat, the legislative goals of a
city's right to conduct competitive bidding. More importantly, statutes should never be read
to divest public officials of all discretion in obtaining an efficient work product for a reasonable
price, but rather are designed to provide a certain degree of latitude which is essential to the
intelligent and efficient administration of public works, see DONNELLY, LAW OF PUBLIC
CONTRACTS, §142.
5. It is the opinion of this Office that your recommendation, together with the City Council's
award of project 08 to McComas-Lacina, fulfills not only the letter of the law, but also the
spirit and intent of both state and federal law. This well recognized "intent" or rationale of
public bidding law is designed to preserve some latitude in the governing body, so that the
City can provide a good work product at a fair price, and to do so efficiently and without
needless interruption of "the public business,..." Los An(~eles Dred(~inq, at 842.
In conclusion and based on the above principles of public bidding statutes, together with the
bid documents and the court decisions interpreting such statutes, I concur with your finding
that rebidding project 08, based on prior flaws in the original bid documents, is far outweighed
by the accrual to the public benefit by the timely awarding of the contract to McComas-
Lacina.
I trust this will be of some assistance to you, but please do not hesitate to contact me if you
have any questions.
CO:
City Council
City Clerk
City Manager
Assistant City Manager
City Attorney Opinion File
Attachments
Inw~mcquest.mmo
COP ' YOHD
March 23, 1995
Doug Boothroy
Director of Housing and Inspection Services
Civic Center
Iowa City, Iowa 52240
McComas-Lacina Construction - City of Iowa City Housing
Authority Whispering. Meadows Projects
No. IA 5P0220008
No. IA 5P0220009
Formal Protest
Dear Mr. Boothroy:
You are hereby notified that this office represents McComas-
Lacina Construction, 1310 Highland Court, Iowa City, Iowa.
You are hereby further notified that McComas-Lacina formally
protests your decision as Contracting Officer for said project to
reject McComas-Lacina,s bid because of a minor irregularity in such
bid when received.
You are hereby further notified that said minor irregularity
was cured by McComas-racina within a very short time following the
bid opening and no prejudice has resulted to the City of
Iowa City or any other bidder as a result of said minor
irregularity. Under the c~rrent facts and circumstances, your
decisiqn to reject McComas-Lacina Construction,s bid based upon
such minor irregularity is arbitrary, capricious and constitutesan
abuse of any discretion given to you under the Project Manual and
$pecificiations.
Page 2
March 23, 1995
Doug Boothroy
City of Iowa City
YOUARE HEREBY FURTHER NOTIFIED that without waiving any other
legal rights, McComas-Lacina Construct hereby demands that this
protest bs resolved pursuant to the policy and procedures of the
Respectfully submitted,
~~_~EPPE , D R & HAYES p.L.C.
ATTORNEY FOR MCCOMAS-LACINA CONSTRUCTION
ACKNOWLEDGKHENT
I, Doug Boothroy, state that I am the Director of Housing and
Inspection Services f~or the City of Iowa City and I hereby
acknowledge receipt'of the above protest on March 23, 1995 at __
ao~o
By:_
Doug Boothroy
CITY OF I0 WA CITY
March 29, 1995
Thomas D. Hobart
Robert N. Dewnor
Meardon Sueppel Dewnor & Hayes, PLC, Lawyers
122 S. Linn St.
Iowa City, IA 52240-1802
HAND-DELIVERED
Re:
McComas-Lacina Construction Protest filed March 23, 1995, concerning City of Iowa
City Housing Authority Whispering Meadows Projects; IA05PO22008 and
IA05PO22009
Dear Tom and Bob:
We are in receipt of your protest filed March 23, 1995, and concerning the above matter. We
hereby acknowledge receipt of same; and pursuant to Public Housing Authority policies
concerning "protests" and in light of administrative p~ocedural due process principles, I hereby
provide you with the opp0rtuniW to present your concerns regarding the bid protest to Doug
Boothroy at an informal meeting. You may provide any corrections of facts or legal principles
which you wish to br!ng to Doug's attention, or which you suggest may reveal inaccuracies
or misinterpretations in the factual record or in Doug's conclusions.
As discussed with Bob's secretary today, Doug will meet with you in his office at the Civic
Center on Thursday, March 30, 1995, at 3:30 p.m. Also as provided by the Public Housing
Authority rules, Doug shall issue a written decision on the matter, see attached copy of
resolution adopting the procurement policy for the Housing Authority of lows City, specifically
Section VII, Subsection 8, "Bi~.Protest."
Since the PHA's procedures do not contemplate an appeal to the City Council, you will h~ve
"exhausted your administrative remedies" at the local level, and may then avail yourselves,
if deemed appropriate by you, of any administrative procedures established by HUD.
I also wish to inform you that the question of whether the CiW Council, as Public Housing
Authority, should award either of the above-noted bids will be considered by the City Council,
sitting as Public Housing Authority, at 8;15 a.m, on Monday, Apdl 3, 1995, in the Council
Thomas D. Hobart
Robert N. Downer
March 29, 1995
Page 2
Chambers located at 410 E. Washington Street in the Civic Center, Iowa City, Iowa. You are
cordially invited to attend, see attached.
an Woito
City Attorney
Housing ~ Inspection Services
cc:City Council Meado~re' Housing Projects ' -
City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff.
Bruce Haupert, Attorney for Frantz Construction Company
Attachment
City of Iowa City
MEMO,RANDUM
Date:
March 30, 1995
~0:
From:
Re:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney ~
Public Housing Authority Dispute/Protest Procedures; Clarification of Bidding
Documents and Procedures for Housing Projects IAOBPO22008. and
IA05PO22009, Whispering Meadows Housing Projects
For your information, I provide the following:
Page 38 of the Project Manual, HUD regulations, which defines "protest" and provides
for procedures, see attached. You will note on page 38 of the Project Manual that a
"protest" may be submitted t~ a "proposed or actual award," so the protest filed
before the City Council's decision or award was not premature. Also, you will note
on the same page that protests
"...shall be resolved in accordance with the PHA's/HA's protest policy
and procedures, copies of which are maintained at the PHA/HA."
As noted below, the Public Housing Authority adopted such procedures in 1991.
A copy of the protest filed concerning the above housing projects and dated March 23,
1995.
A copy of the procedures adopted by the City Council; sitting as the Public Housing
Authority (PHA), in June 1991, see attached. You will note that the "bid protest"
procedure merely provides for the contracting officer, which in this case is Doug
Boothroy, would issue a written decision on the matter. You will note that there is no
appeal Hght to the City Council. Thus, the protestor could go directly to the federal
administrative agency, as provided under federal law.
Questions were raised at the City Council meeting as to how Addendum #2 (dated
March 13, 1995) was provided to bidders. Eileen McCahon states that she mailed
/~ddendum #2 to all of the bidders - unless some of the bidders happened to be in her
office, in which case she personally gave them a copy.
I trust this will be helpful to you, and we will be discussing these matters further at your
meeting on Monday, April 3, 1995.
City Manager
City Clerk
Assi§tant City Manager
Doug Boothroy, Contracting Officer
Bob Downer, Attorney'for McComas-Lacina
B~ucs Haupert, Attorney for Frantz Construction
Anne Burnside, Assistant City Attorney
Attachments
the late recelpl was due solely to mishandling by the PHA,'IH^ after
recent ~ the PHA/IHA; or
~3} Was sent by U.$. Postal Service Exp~aee Mail Next
Service · Post Office to N~:ltseea®, not later than 5;00 p.n~ at
,~lace of malllog bye wowing days pdor to the data speckleclear receipt
31 3ropesale. The lore 'warYJog days* excludes weekends
oose~vod ho{idays.
ib~ A,~y modification or withdrawal of a bid is subject to the same
conditions ~ in paragraph {e) of this preyloren.
{c} The only ~cce~le evidence to establish the date of metling of
a Iaea bid, modification, or withdrawal sent aether by registered or
codified mollie the U.S, or Canadian Postal So.Ice postmaf~ both on
lbs envelope or wrapper and on the original rece~ from the U.S. or
Canadian Postal Se~ce. Seth postmarks must show a legible date
or the bid, modification, or withdrawal shall be p~'..eased as ff rn~fied
late. 'Postmark* means a pdnted. stamped. or otherwise placed
~mpresamn (exclusive of a postage meter machine Impre-alan) that
· s readily identhlable without fudher action a.~ having been supplied
and affixed by employees of the U.S. or Canadian Posta~ Service on
the date of maiithg. Therefore,bidders should requestthe pcetal
to place a hand conception biJIP$oeya postmark ~n ~ the receipt
and the envelope or wrapper.
(d) The on~ acceptable evidence to esteblis.h the, 'Jme of receipt
'the PHNIHA Is the time/date stamp of PHA/IHA on the
w~sppor or other documailta~f evidence of recaip~ maintained by the
PHAfiHA.
{e) The only aCCel:Xa,ble evidence to ~tablbh the d~te of rn~l~ of
a late bid. modetie.tied, or withdrew'el sent by Expr~ M~t NeW Day
Sem,~ce.p cot Ofik3e t o N:Idm~a.e Is the dot e ant ered by the past office
~oceivi~ ~ on the, 'Ex~r~a Ma~ Next Oay ~fi~,~ost 0~ to
Addte~.~e" rebel and the ~(ma~ on both the envelope ot wrapper
and on the odglnaJ mce~ lrom the U.S. Po~t~l S~vice.
has the .S~ne m~anlng a~ d~ned In i~ra~h (o) of ',hIs provision,
exdudlng postrnml~ of the C~nad~n Po~mt Service. Thatafore,
biddam should request the post~l clerk to pia¢~ & le~lb{e hand
cancellation bulrs aye poe'.mark on both the rm~,~ sad Failure by
bidder to ac~.ow~edgo r~ce[13t of the anvah3pe or
(f) Notwithstandklg paragraph (a) of this ptoviskm, a late modifica-
tion el ~n o~heredse successful b~ that ms.ks ~ ter~ more
tararabia to the PHAIIHA wilt be c~t~idered at any ttrn~ It IS received
and'mey be
(g) Bids may b~ withaltaYto by wn~en notice, or If sutho~ed &/thIs
sollbit~tlon, by talegrain (In~l.~lng rn~gmm) or fal:~Irnile milli'to
transnt$.~on mc~Ived at ~ny tires before the ex'a~ time ~l for
coonlog of 13k~ IXOVided tha~ written confin-P~lon of taisgr~phk3 or
fac3imil~ wil~r~waia over the signature of the bidder rs ma~ad
p~stmarked prior to the specified bid opening time. A bid m~y be
wdhdmwn In person by a bidder or ~ authorized representSire If,
be~omthe exa~ time set for opening of bicl~, the ldantlbf of thap~man
~eque~lng wifhdrawsl Is established and the p~r~o..n $ign~ a mc~ll~
lot the ~
~. al~ Ol~ening
All b*d~ ~ by the date and Ome of rI. ce~ spe, clfied In the
sOl~a~n v~ t~ ~ opened ~1 mad. The ~ end ~
opeetngwI be ~ spectl~lln the soilslenten. ~
(a) ~ M used In thl~
"~s 'ProlesT' ms'me a wz~ten °hle¢~lon bY a~ Interested PS~TY t° this
ollc~atlon or ~o s pfopose(J Or a~ual aw~ ~ a ~m~ pumu~t to
· li aol~aiIon.
(b) Protests s~811 ba se~ on Ihe Conlta~l~g ~lcer by eelaiding
~en and dal~ a~nowl~e~nt lmm --
Housing & lnsp~ction Services
Iccniracllng Officer designate lhe official or location where a
~y be ae~ed on Ihe Confessing
~(o) Nlprotes~ shallberesolvod In a~rdancew~hthe PHA's~HA's
protest ~lIcy a~ procedures, co p~h ~r e-~ln~d ~ the
PH~H~
8. ~m~ Awa~
(a) ~e PH~HA will evaluate b~ In restnee io this saliVafled
~o~lons~dwi~a~a~nlra~to~er~nsibie
~ose ~ ~nfo~ to ~e solution, ~lI ~ ~
to ~e PH~HA ~ns~e~ on~ pN~ ~ ~y p~IIst~
~l~ In ~e ~l~a~n.
ex~ ~e PHA'~HA's aval~is luring for th~ ~
~ ~t PHNIHA ma~ either ~ sepiaely p~ ~e~
8(e) ~low) or use lha follo~ pt~u~e Is dste~e ~n~
~ ~e PH~HA sh~l a~ in lure Io e~ b~ ~r~ In
o~ from the a~l~ b~ to ~e h~h ~ e~ ~ the
~ ~ d~u~e Eel, ~ ~y, In theE~otEy o~ar sat fo~
~ ~, · n~ ~w ~ ~ ~]n the P~'~'a av~le f~.
~nd~ ~unt. ~en ~a PH~HA ~ s~the s~nd~e
~ ff any, IS ~ the P~'sfi~'S avarice b~ ~ ~n ~e
~tbn of ~ d~les, no b~ IS ~hln the P~'~HA's
fu~, or ~ ~h. salvation does not r~ue~ s~aml~y
d~bl~,~e PH~HAshaifbi~w ~a~ten ~1~ ~Pr~r~
m ~ ~y ~ u~er th~ ~m~n.
(~ ~e P~HA~yre~ya~[~,~o~e
~we~ b~ (e.g., ~e ~nt low b~ ~ unre~ ~), ~
lnfa~Eles m ~nor I~ulm~lee In ~s ~ In
~ ~e PHA'~HA's w~an ~fi~ and pr~.
{e) Un(ess pm~ud~ eisaere in ~o seligman, the PH~HA ~Y
~8pt any aem er ~lnaion of ~o~ b~
(f) ~e P~HA ~y re~ any b~ ~ nan~ansNe
~ld~ un~ a tO ~I p~* for ~e ~ ~
~n~y ove~ for ~er ~
(g)
)
RESOLUTION NO. 9t-t55
RESOLUTION AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A
PROCUREMENT POLICY OF THE HOUSING AUTHORITY OF 10WA CITY.
WHEREAS, the Department of Housing end Urban Development {"HUO') requires the adoption
by formal resolution of a procurement policy which is in compliance with federal regulations;
and
WHEREAS, the HUD procurement policy requirements are not in violation of state law; and
WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the
Public Housing Program;
NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, in its
capacity as the City of Iowa City Housing Authority that the attached procedures be adopted
as the Procurement Policy of the Housing Authority of Iowa City.
It was moved by. Bo=owtcz and seconded by .~ab=tsco
adopted, and upon roll call there wet--e:
the Resolution be
AYES: NAYS: ABSENT:
Ambrisco
Courthey
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this 25ch
ClT'Y~LERK ~
day of June , 1991.
Approved by
VII. APPEALS AND REMEDIES
A · GENERAL
It is the PHA's policy to resolve all contractual
issues informally at the PHA level, without litigation.
Disputes shall not be referred to HUD until all
administrative remedies have been exhausted at the PHA
level. When appropriate, the PHA may consider the use
of informal discussions between the parties by in-
dividuals wh.o did not participate substantially in the
matter in dispute, to help r. esolve the differences.
HUD will only review protests ~n cases of violations of
Federal law or regulations and failure of the PHA to
review a complaint or protest.
Bo BID PROTESTS
Any. actual or prospective contractor may protest the
solicitation or award of a contract for serious
violations of the principles of this Statement. Any
protest against a solicitation must be received-before
the due date for receipt of bids or proposals, and any
protest against the award of a contract must be
received within ten calendar days after contract award,
or the protest will not be considered. All bid
protests shall be in writing, submitted to the Con-
tracting Officer or designee, who shall issue a written
decision on the matter. The Contracting Officer may,
at his or her discretion, suspend the procurement
pending resolution of the protest, if warranted by the
facts presented.
CONTRACT CLAIMS
All claims by a contracto~ relating to performance of a
contract shall be submitted in writing to the Contract-
ing Officer or designee for a written decision. The
contractor may request a conference on the claim. The
Contracting Officer's decision shall inform the
contractor of its appeal rights to the Housing Ad-
ministrator.
March 31, 1995
CITY OF I0 WA CITY
Robert N, Dewnet
Mea.rdon, Sueppel, Downer & Hayes, P.L.C., Lawyers
122 S. Linn St.
Iowa City, IA 52240-1802
Re:
Protest filed on Whispering Meadows Housing Project Nos. IAOSPO22008 and
IAO§PO22009 by McComas-Lacina Construction Company, Inc.
Dear Mr. Downer:
On March 30, 1995, at 3:30 p.m, in my office, I met with you, Chuck McComas, and Mike
Hahn to hear your protest regarding the decision to disqualify the bids submitted by the
McComas-Lacina Construction Company, Inc. for the above-named projects. You requested
permission to withdraw your bid for project IAOSP022009. You also withdrew your protest
for the same project. I find it appropriate to allow withdrawal of the bid, Therefore, I
consider the bid, as well as the protest, withdrawn.
Next I considered your protest for project IAOSPO22008. The issue being protested was the
disqualification of the McComas-Lacina Construction Company, Inc. bid due to failure to
follow specific bidding proceddres (i.e. non-submittal of Forms 5369-A and 2530 and
incomplete Bid Form). You also protested my decision to rebid project IA05PO22008.
As a result of the information provided as part of the protest meeting, I decided not to
disqualify the McComas-Lacina Construction Company, Inc. bid for project IAO5PO22008.
I also decided not to rebid project IA05P022008. It is my determination that the benefits of
rebidding project IA05P022008 do not outweigh the flaws of the bid which have now been
remedied. This decision is in the public interest for the following reasons:
1. The project is kept on schedule.
The bid is competitive because the net square footage cost is lower than the bids
received for project IA05P022009.
The Bid Form reflects use of Ioca subcontractors.
The Bid Form reflects use of a m~nority contractor.
Robert N. Downer
March 31, 1 99,5
Page 2
Because McComas. Lacina Construction Company, Inc. was the sole bidder, the bid
flaws were not prejudicial to other bidders.
I find McComas-Lacina Construction Company, Inc. to be the qualified bidder for project
IAOSP022008. The McComas-Lacina Construction Company, Inc. bid is "eligible for award"
because it is in the best public interest and the problems regarding the bid documents/form
haw ~en/!emedied without delay. I consider this protest closed.
·
Douglas W/Boothro.y, D~rector
Departmer~ of Housing & Inspection Services
Contractin ~ Officer
CO:
City Manager
Mayor and City Council
City Attorney
City Clerk
2955
CITY FINANCE. §384.97
;!
384.94 Prior projects preserved.
Projects and proceedings for the issuance of reve-
nue bonds. pledge orders, and other temporary obli-
gations commenced before the effective date of the
city code may be consummated and completed as re-
quired or permitted by any statute or other law
amended or repealed by 64GA, chapter 1088, as
though such repeal or amendment had not occurred,
and the righta, duties, and interests flowing from
such projects and proceedings remain valid and en-
forceable. Without limiting the foregoing, projects
commenced prior to said effective date may be fi-
nanced by the issuance of revenue bonds, pledge or-
ders, and other temporary obligations under any
such amended or repealed law or by the issuance of
revenue bonds and pledge orders under the city code.
For purposes of this section, commencement of a
project inchdes, but is not limited to, action taken
by the governing body or authorized officer to fix a
date for either a heating or an election in connection
with any part of the project, and commencement of
proceedings for the issuance of revenue bonds,
pledge orders, and other temporary obligations in-
eludes, but is not limited to, action taken by the gov-
.erning body to fix a date for either a heating or a sale
m connection with any part of such revenue bonds,
pledge orders, or other temporary obligations or to
order any part thereof to be issued.
[C75, 77, 79, 81, §384.94]
DMSI~N V[
CON'rRAcT LETPING PROCEDURE
384,95 Definition,
As used in this divisian, unh~s the context clearly
indicates otherwise:
1. 'Public improvement* means any building or
construction work, either within or outside the cot.
potato limits of a city, to be paid for in whole or in
part by the use of funds of the city, regard Jess of
sources, including a building or improvement con-
structed or operated jointly with any other public or
private agency, but excluding urban renewal and
low-rent housing projects, industrial aid prnjecte an-
thorized under chapter 419, emergency work or work
performed by employees of a city or a city utility.
2. 'Governing body° means the council of a city,
a utility board of trustees or an administrative agen-
cy which is charged with the management and con-
tro] of a building or imprnvemant project.
(C75, 77, 79, 81, §384.95]
384.96 Sealed bids.
When the estimated total cost to a city of a public
improvement exceeds the sum of twenty-five thou-
sand dollars, the governing body shall advertise for
sealed bids for the proposed improvement by pub.
lishing a notice to bidders as provided in section
362.3, except that the notice to bidders may be pub-
Hshed more than twenty days but not more than
forty.five days before the date for filing bids.
[C58. 62. 66. 71. ?3. §386B9: CTS. 77. 79. $1.
§384.961
92 Acts, ch 1030. §1
384,97 Notice to bidders.
The notice to bidders must state the following
items:
1. The time and place for filing sealed propos~dn.
2. The time and place sealed proposals will be
opened and considered on behalf of the governing
body.
3. The genersl natuce of the public improvement
on which bids are requested.
4. [n general terms when the work mast be corn-
menced and when it must be completed.
5. That each bidder shall accorupany the bid
with a bid security as defined in this subsection and
as specified by the governing body, as security that
the successful bidder wilt enter into a contract for the
work bid upon and will furnish after the award of
contract a corporate surety bond, acceptable to the
governing body,' for the faithful performance of the
contract, in an amount equal to one hundred percent
of the amount of the contract. The bidder's security
shall be in an amount fixed by the governing body,
and shall be in the form of a cashier's or certified
check drawn on a bank in Iowa or a bank chartered
under the laws of the United States, or a certified
share dia.O. drawn on a credit union in Iowa or char-
toted under the law of the United States, or the gov-
erning body may provide for a bidder's bend with
corporate surety satisfactory to the governing body.
The bid bend shall contain no condition except as
provided in this section.
6. Any further information which the governing
body deems pertinent.
The notice to bidders may provide that bids will
be received for the furnishing of all labor and materi-
als and furaisEing or installing equipment under one
contract, or for parts thereof in separate sections.
On public improvements to be financed wholly or
partially by special assessments against benefited
properS, the governing body, in the notice to bid-
dora, may request ag~'egate bids for all projec~ in.
cluded in any resolution of necessity, notwithstand-
ing variations in the sizes of the improvements and
notwithstanding that some parts of the improve.
ments are assessable and some nonaese~.~ble, and
may award the contract to the lowest responsible
bidder submitting the lowest aggregate bid.
[C97, §813, 315; S13, §840-a, 849.d; $315, §813;
C24, 27, §6004-6006, 6084-6086, 6088; C31, 35,
§8004-600fi, 6084-6086, 60~, fi134-ds, 6610-c48;
C39, §6004-6006, 60§4-8086, 6088, 8134.O9,
8610.50; (246, §391.31-391.33,395,fi-395.8, 395.10,
397.17, 417.51; C50, §391.31-391.33, 391A.13,
391A.14, 395.6-395.8, 395.10, 397.17, 417.51; C54.
§391.31-391.33, 391.4.18, 391A.17, 395.6~395.8,
395.10, 397.17, 417.51; CSfi, 62, 86, 71, 73, §386B.9,
391.31-391.33, 391A.16, 391A.17, 395.6-395.8,
395.10, 397.17, 417.51; C75, 77, 79, 81. §384.97]
84 Acts, ch 1055, §9
]384.98. CITY ['IN \. ( E
384.98 Bid security.
The amount of bid security must be fixed by the
governing body prior to ordering pubiicatinn of the
notice to bidders and must equal at least five percent,
but may not exceed ten percent of either the estimat-
ed total contract cost of the public improvement, or
the amount of each bid.
[C97, §813; 8S15, §813; C24, 27, 31, 35, 39, § 6004;
C46, §391.31; C50, §391.31,391A.13; C54, 58, 62, 66,
71.73, §391.31,391A.16; C75, 77.79, 81, §384.98]
384.99 Award of cuetract,
The contract for the public improvement must be
awarded to the lowest responsible bidder, provided,
however, that contracts relating to public utilities or
extensions or improvements thereof, as described in
division V of this chapter, may be awarded by the
governing body as it deems to be in the best interests
of the city.
[C97, §813; SS15, §813; C24, 27, §6004; C31, 3fi,
§6004, 6134-d6, 6610-c48; C39, §6004, 6134,10,
6610.50; C46, §391.31, 397.18, 417.51; C50,
§391.31,391A.14, 397.18, 417.51; C54, 58, 62, 66, 71,
73, §391.31,391A,17, 397.18, 417.51; C75, 77, 79, 81,
§384,99]
384.100 Opening and considering bids.
The governing body shall open, announce the
amount of the bids, and file all proposals received, at
the time and place specified in the notice to bidders.
The governing body may, by resolution, awsxd the
contract for the public improvement to the bidder
submitting the best bid, determined as provided in
section 384.99, or it may reject all bids received, ~x
a new date for receiving bids, and order publication
of a new notice to bidders. The bid security furnished
by the successful bidder must be retained by the gov-
erning body until the approved contract form has
b~en executed, and a bond filed by the bidder guaran-
teeing the performance of the contract, and the con-
tract and bond, have been approved by the governLug
body. The provisions of chapter 573, where applica-
ble, apply to contracts awarded under this division.
The checks or bidder's bends of the unsuccessful
bidder must be promptly returned to the bidders by
the governing body as soon as the successful bidder
is determined or within thirty days whichever is
{C97, §813; S13, §8494; SS15, §813; C24, 27,
§6005, 6086; C31, 35, §6005, 6086, 6610-c4& 6610-
c49; C39, §6005, 6086, 6610.50, 6610.51; C46,
~391.32, 395.8, 417.51,417.52; C50, §391.32,391A. 14,
391A.15, 395.8, 417.51, 417.52; C54, §391.32,
391A. 17, 391A.19, 395.8, 417.51, 417.52; CfiS, 62, 64],
71, 73, §386B.9, 391.32, 391A. 17, 391A.19, 395.8,
417.51,417.52; C75, 77, 79, 81, §3~4.100]
384,101 D~legatiou of authority.
When bids or proposals are required to be
in connectiou with any public improvemoat, tl~ guy.
eraleg body may dalesate, by o~i-,,-c~ or re~lu.
lion, to the city ,-~nassr, clark, ansiucor, or other
2956
pubhc ,)lEcer, the duty of recetv~ng and opening bids
and announcing the results. The oi~.cer shall report
the resuRs of the bidding with the oi~eer's recom-
mendations thereon to the governing body at its next
meeting.
[C66, 71. 73, §368A.1(14}; C75, 77. 79, 8l.
§384. i0l]
384.102 When hearing necessary,
When the estimated total castors public improve-
ment exceeds the sum of twenty-five thousand dol-
lars, the governing body shall not enter into a con.
tract for the improvement until it has held a public
hearing on the proposed plans, specifications. and
form of contract, and estimated cost for the im-
provement. Notice of the hearing must be published
as provided in section 362.3. At the hearing any in.
tarested person may appear and file objections to the
proposed plans, specifications, contract, or astiract-
ed cost of the improvement. After hearing objec-
tions, the governing body shall by resolution enter its
decision on the plans, specifications, contract, and
estimated cost.
[C3I, 35, §6134-d4, 6134-d6; C39, §6134.O$,
6134.10; C46, 50, 54, 58, 62, 66, 71, 73, §397.16,
397.18; C75, 77, 79, 81, §384.102]
384,103 Bonds authorized.
I. A governing body may authorize, sell, issue,
and deliver its bonds whether or not notice and hear-
ing on the plans. specifications, form of contract, and
estimated cost for the public improvement to be paid
for in whole or in part from the proceeds of said
bonds has been given, and whether or not a contract
has been awarded for the construction of the ira.
proveracut. This subsaction does not apply to bonds
which are payable solely from special assessroent
levies against benefited property.
2. When emergency repair of a public improve.
meet is necessary and the delay of advertising and
a pub{it letting might cause serious loss or injury to
the city, the governing body shall, by resolution,
make a finding of the necessity to institute emergen-
cy proceedings under this section, and shall procure
a certificate from a competent registered profession-
al engineer or architect, not in the regular employ of
the city, certifying that emergency repairs are neces-
ssry.
In that event the governing body may contract for
emergcocy repaim without holding a public hearing
and advertising for bids, and the proudsiena of sec-
tions 384.96 to 384,102, do not apply.
[C75, 77, 79, 81, §384,103]
384.104 through 384.109 ReservecL
Instructions to Bidders for Contracts
. Public and Indian Housing Programs
Table o! Contents
Clause Page
9~d Preparation and Submission t
2 Explanations and Interpfslatlona to Prospective Bidderst
3. Amendments to Invitations for Bids t
4. Resp~nsibitltyof Prospective Contractor 1
5. Late $ubrrdsstons, Meditlcaitona, and Withdrawal of 81do2
6. 8W C~enlng 2
7. Samice of Protest 2
8. Contract Awmd 2
9. Bid Guarantee 3
10. Assurance of Comple~lon 3
1 t. Proconstruction Conference 3
12. Indian Preference Requirements 3
1, Bid Preparation and Submission
(a) Bidders are expectedto examine the ~pe clfic~tlon~, di'awlng e0 a.q
Instructions, and, ff sppilcat~, the c~nstructJon sl~e (~ea also the
contract douse ent~tled ~ Investigation and Condition= Affect*
Ing theWork of the GeneralCondltlone of the Contract for Consthio.
tlon). Failers to do so wilt be ~t the bidders' ~
(b) All bE must be su13'nltt~l on the forms provided by the Pu13~o
Housing Agency/Indian Housing Autho,'fiy (PHA~HA), Biddam shall
lumish all the information required by the sollc{la~n, Bids must be
signed and the btdd~r's name typed or printed on the bid =heat ~
each continuation ~aetwhk:fi requkes the entrf of ~mmatton byt~e
biddec. Erasures or otbet c~ge~ rr~dat be in~aled by the pei~Orl
eighths the bid. Bid~ signed by an agent sh~l b~ aoc~xrtpanled by
evidence of that agent's authority, (Biddam should terri a copy of
their bid for their raceme,)
(c) Biddom must subm~ as pat of their b,~l a cornpN~ted form HU D.
5368.A, 'RaprsaentaUane, Ce~tUIca~ons, and Qth~r Statements of
Bidders.'
(o3 ~ bid documents shall be seeded in a~ enwlope whW~ shall be
dearly fna~ed wRhtheword~'~W Docurnefits,°the Ilwl~llofi fat ~
(IFB) number, any pmJe~ or other I~mlitf~ng number, the I:~t
name, a~d the dins at~l tLme for ~soellR of lY~:~,
(o) If this soltclt,~on requ~e~ ~ on NI Ifsfie, faifum m do eo will
disqua~the bkl II bid(~eg on all Itsrim I~ not re~utmcl, bldd~ shou.ld
inserHh° w°rds "N° 01d~ in the sP~Ce P~°Vld~d f°r ~Y ilem °n which
no price is subrn~ed.
(f) Unle~ expressly eutho~ed elsewhere in this sol[,c{~tatlon, aJt~.
note blda will nat be conald~r~
(g) Unl~ elq:~ez~ly authorized elsewhere In ~M ~1tclts:tJotl, ~
consldef~L
(h) If the propm~ed ~3atm~t lafor a Mutual Hofp pm~mt (~ dmle~d
in 24 CFR P ~t 90~, 8ubp~l E)tl~t I¢~ Mu~ I.l~p~,[,dlio~l~
--~....
least 7 days beta re the scheduledtime tar bid opening. Requests may
be oral or wattart. Oral requests must be confirmed in writing. The
only oral clarifications that wdl be prov~ed will be those c{eaHy related
to solicitation procedures, i.e., hal substoni[re technical InformsUes.
No other oral explanation or inteq3retatlon will be prov'~ded. An),
Intermotion given a prospective bidder concerning this aolk"Jt alia n w~11
be furnished pron'~tly to all other prospective bidders as a wrYart
amendment to the solicitation, if that Inletmotion is necessary In
subm~eg bids, or ff the lec~ of it would be preJud~al to other
prospective biddom.
(b) Any Intermotion obLaJnad by, or provided to, a bidder other than
by format amendment to the solicitation shall not COn~titUla a char~]
to the solicitation.
3, Amendments to Invitations for Bids
(e) it this solWItatlon W amended, than allterms and candle ns whlc~
ate not modified remain unchanged.
(b) Bidders shall oct(now[edge receipt of any amendment to this
sol~:~tatlon (1) hy signleg and returning the emundment, (2) by
Idenl~ylng the amendment number and date on the bid ['atrn, or (3) by
leEor, telegram, or facslmIW, If those methods ate authorized In the
satl~efion. The PHMHA rnust receive ac~(nowiedgemant bythetlme
and at the place specified for receipt of bids. Bids which fait to
ac~,J~Owiedg e the bidders recelp{ of any m,nandmant will result In the
reJec~ldn of the bid ff the amendment(e) contained Information which
anbstmTtlvely changed the PHA'~IHA'e requirements.
(c) Amendments will be on file In the offices of the PHAAHA and the
Architect at least 7 days before bid opening.
.~,L Reaponalblllty ef Prospectlye Contractor
(a) '~e PHNIHA will award contracts only to raspone~nte prospea.
tNecontractorswho havethe ~ti~y to pedormaucceaafully under the
terrna and conditions of the ~oposed cantTacL In determining the'
respo~lllb/of a bidder, the PHA/IHA w~t cansider such matters as
the bidder's:
(~) Int~grby;
(2) Commence wtth pub~o
(3) Rcoerd of p~t p~rfom~nce; and
(4) Rnanofal and techn~-al ra~eurcee (incadins
(b) 8efom e bid le considered ~er awmcl, the bidder may b~ requ.e~.....~
by the PHNIHA to submit a statement or other doc~me~
regis any of the ~tatna in pmagr~h (a) abe. va. F~lure
bidder to I~'ovlde such addlenat Information ah~ render the
nonreaponell~e end Inelig~e for m~ud.
S. Late Submissions, Mndlflcafions, and Withdna,~
(a) Any t~d received at the
the exact t~me ~peoffled for r~ce~l~ we ne
(1) W= ~,m~ by regained ~x c~"d0ed I
by the 20th of th$ n~nth must trove been rtlatled by the (2) WM ~lt by ma~ orlf ~bythe
~r~n~W ~l~m' '~"d°~t~ ............................ ~. 1~,
..
03/23/199~ 11:18 51 -; .~b57
USD~THUD
P~OE
83
AGENDA
IOWA CITY CITY COUNCIL
SPECIAL COUNCIL MEETING - APRIL 3, 1995
8:15 A.M.
COUNCIL CHAMBERS
ITEM NO. 1 - CALL TO ORDER.
ITEM NO. 2 -
ROLL CALL.
CONSIDER A RESOLUTION AWARDING'CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR THE CONSTRUCTION OF THE WHISPERING
MEADOWS HOUSING PROJECT, #1A05PO22009.
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
9938,627
Moore Construction
Iowa City, Iowa
AI Thoma~~ Construction
iowa City, Iowa
9983,950
91,033,999
Todd Hackett Construction
Muscatine, Iowa
91,096,000
Based on a review of the bid requirements established by skate
law and HUD regulations, Frantz C6nstruction Company is the
lowest responsible bidder for purposes of awarding this contract.
The McC.omas-Lacina Construction bid has been withdrawn and
the protest resolved.
Action:
ITEM NO. 3 -
CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR CONSTRUCTION OF WHISPERING MEADOWS
HOUSING PROJECT, #1A05PO22008.
Comment: The bid opening for this project was held March 21,
1995, and the following bid was received:
McComas-Lacina Construction
Iowa City, Iowa
,451,926
Based on a review of the bid requirements established by state
law and HUD regulations, and consideration of the protest,
McComas-Lacina Construction is the lowest responsible bidder for
purposes of awarding this contract. The Protest decision
concerning this matter as well as a memo from the City Attorney
is attached.
Action:
ITEM NO. 4-
CONSIDER A MOTION TO ADJOURN SPECIAL MEETING.
Action:
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
WHISPERING MEADOWS HOUSING PROJECT, #1A05PO22009.
WHEREAS, Frantz Construction of Iowa City, Iowa, has submitted the lowest responsive bid
of 8938,627 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH.E CITY OF IOWA CITY,
IOWA, THAT:
The contract for the c'onstruction of tha above-named project is hereby awarded to
Frantz Construction of Iowa City, Iowa, subject to the condition that awardee secure
adequate performance bond, insurance certificates, receipt of amendment funds from
HUD and such other documents as may be required by the City.
The .Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, receipt of amendment funds from
HUD and such other documents as may be required by the City.
Passed and approved this day of ,1995.
ATTEST:
CITY CLERK
~/IAYOR
Approved by-,.
Ci/y Attorney s Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: 'NAYS: ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Figott
Throgmorton
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
WHISPERING MEADOWS HOUSING PROJECT, #1AOSP022008,
WHEREAS, McComas-Lacina Construction of Iowa City, Iowa, has submitted the' lowest
responsive bid of $1,451,926 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
McComas-Lacina Construction of Iowa City, lows, subject to the condition that
awardee secure adequate performance bond, insurance certificates, receipt of
amendment funds from HUD and such other documents as may be required by the
City.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adeqtJate performance bond, insurance certificates, receipt of amendment funds from
HUD and-such other documents as may be required by the City.
Passed and approved this day of ,1995.
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
AiP~(~ity Attorn~y,s O~fi~ce
the Resolution be
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
CITY OF I0 I4/A CITY
Date: April 13, 1995
To:
Craig Willis, Representing the Iowa City Chamber of Commerce
Laura Hawks, Representing the Iowa City Design Review Committee
Jane Jakobsen, Representing the Iowa City Planning & Zoning Commission
Larry Wilson, Representing the University Dept. of Planning & Administrative Services
Grant Crowell, Representing the University Student Association
Pat Boutelle, Representing Project GREEN
Tom Cowan, Representing Environmental Advocates
Bruce Greiner, Representing the Iowa City Community School 0istrict
Dianne Kaufman, Representing the Iowa City-Johnson County Arts Council
Haywood Belle, Representing Near Southside Property Owners
Kevin Hanick, Representing Near Southside Business Owners
Madam Ramey, Representing Near Southside Senior Citizens
From: Jeff Davidson, Assistant Director, Department of Planning & Community Development
Re; First Meeting of the Near Southside Design Plan Advisory Committee
We have set the first meeting of the Near Southside Design Plan Advisory Committee. The
meeting will be held Monday, May 8, 1995, from 4:00p. m. to 6:00 p.m. at the Iowa City
Community SchoolDistrict board room. The School District board room is located at 509 S.
Gilbert Street in the Near Southside neighborhood.
Gould Evans Associates is the consulting firm the City has hired to assist with this project.
The consultant intends this initial meeting to be principally an issue identification session. The
consultant hopes to acquire an understanding of the major issues, constraints, and
opportunities for urban design improvements and redevelopment of the Near Southside. They
hope to identify goals for the design plan and for the redevelopment of the Near Southside
area. In addition to meeting with the Design Plan Advisory Committee, the consultant will
spend tim~ doing field reconnaissance, meeting with the City Council, and speaking with the
general public.
Please mark your calendars. Contact David Schoon (356-5236) or me (356-5252) if you have
any questions or if you are unable to attend.
CC:
City staff
City Council ,/'
Gould Evans Associates
From: To: ~la ~ D-*e: ~ T~n~l" 17:4~1~4 P~ I ol 4
Mike Moran
Iowa City Parks & Reerealion
220 S. Gilbert
Iovra City, IA $2240
Dear Mike,
Attached is a summavy of the ['am year of the Sgnti~g program.
Behind the rather thy sumtomy is a feeling on the pall of those of
us involved that this year vea~ a ~ su~sl We had more people
than we expected s~n up and fewer glitches.
Much of the secoess of this fiest year of the prog~l is due to the
support of the Iowa City Parks and Recreation Prelim. Bob
Howali's crow did an ,x~ellem job of cidring snow end flooding
the hockey pond. The farm hydrant worked well out at Mercer Park
and the lights at both loeatiora were peffeot.
We really appreoq~ the many time~ and many waya that Parks and
Reereation and other Cgy employee~ helped us o~ Terry Treeblood
was fantasilo in providing the encouragement and, when we b~an to
mine up shor~ on lights and other thh~ the substantial support
of lights and potatoreel fiat were so destxa'a~ly needed by the
program. We had an abondaac~ of enthmis~m and a sherage of
Imowledge of how to get ~ done, but when it came down to the
wire Terry made sum ~vetything fell into place andwe avla~iata
that Bob and his crews put in a lot ofthue keepin8 the hockey
pond in good shape and cleaning up atter some of our missteps.
Terry Robitaon hcll~d with the lights and Mike (.~ Kennedy at the
Memer Pask Acxtuatio Center made it possible for us to stm games
on time one Saturday when the snowblower quit and he let us u.so
his.
i ho!r,e Ore attached provides you with the information you are
looking for.
Rcgarda,
Tom Taylor, President
Old Capitol Youth Hockey Association
1513
F~: To: ~ ),~'an OM: ~ 'r*u~: 17:¢7:~9 PaOe 2 o! 4
OLD CAPITOL YOUTH HOCKEY ASSOCIATION
1995 INAUGURAL SEASON HIGHLIGHTS
Approximately 700 individuala ages 5 to 51 pmicipated in one of
the three skating programs offered for the first time this year.
LEARN-TO-SKATE
A total of 510 skatere participate in the two learn.to.skate
programs. The regular learn-to-skate program focused on providing
basic skating skills for new skaters. Lessons for the learn-to-
skate program were given on the small pond a~ City Park.
The leam4o-skate, hockey skills program focused on providing
basic skating skills for fast time skatem interested in going on
to play youth hockey in the rutetc. In addition to basic skating
skills, the leana.to-skate, hockey skills program also provided
basic instruction in basic hockey skilh such ~s stickhandling and
passing. Lessons for the learn-to-skate, hockey skills program
were given at the small pond at City Park and at the Mercer Park
infield rink
350 skaters ages 5 to 50
Leam4o-Skate, Hockey Skilh
YOUTH HOCKEY
The youth hockey program consisted of four teams in each of three
age groups. Praotiees were held at the hockey pond at City Park
and at the hockey rink at Mercer Park.
12 teams in 3 age groups (5-10, 11-12, 13-17)
I g2 phyem (average of 15 per team)
5 games over a seven week period
ICE-SKATING'FACILITIES
Cfl'Y PARK HOCKEY POND The City Parks and Recreation crews did
an outstuning job flooding and clearing the hockey pond.
Additional lighting for the hockey pond provided by the City
worked perfectly. The unfortunate aceidant on the big pond
highlights the difficulty in relying on it for skating.
MERCER PARK The infield and hockey rink at Mercer Park were
flooded and maintained by the Youth Hockey Association with
help frore Parks and Recreation.
From: To: M~ Mor~n Da;e: ~ 'Fm~: 17:~.17 ~gt 3 el~
OPEN SKATING
Mercer Park was available ['or open skating every weekday until
5 pm and in the evenings after 8pro. The Mer~e.r Park infield
vrds available Saturdays after noon and the hockey rink vras
available alter 3pro and all day Sunday.
The City Park hockey pond was available for open skating
dunng the weekday and all day Fri&y. The hockey pond was
also available after noon on Saturdays.
FUTURE PLANS
1996: Our plans for next year assume that all programs will
be outdoors and that we will be able to use the City Park
ponds and Mercer Park field//4 as was done this ye~'. Key
issues for next year include:
Additional ice surfaces B~.~I on enrollments in the
learn-to-sk~.o hockey skills program we are projecting a
minimum 50 percent increase in pmi¢ipadon in the youth
hoekey program. This will n~asi~e cxmstr~tion of an
additional hockey rink or some creative scheduling. The
possibilitie~ inulud~:
a. Mercer Park: flooding unother suffaee at Mercer
Park (with or without hockey rink boards)
b. Another Iowa City Park: flooding mother stufuce
at City Park or ehowhere (such as Pappy Hollow)
c. Coralville: floodingasurfaeeatoneofthe
Coralville parks (Coralville fio~xled a spot near
Northeast Junior High this year).
Better communication o£rink mlas and open skating hours
Lack of reliable ice at the large pond in City Park made
it necessary to squeeze the learn-to-skate program onto
the small hockey pond. This limited the number ofhoum
the small pond was evailab[e for open skating With at
lear,: one more ice =m~a~e, we shotfid be able to lessen
some of the pressure and ensure adequate time for open
skating. We also need to post clear mlas for skating
(mainly to keep hockey games off the open skating
surfaces) to ensure safe operation at all times. With
one years experience, we should be able to do a better
job f'~uring out skating schedules earlier and in
conjunction with the Parks and Recreation Depatment.
Safety We are vesyproudofoursafetyrecordforthis
fwst season, but we can do even better. We are aware of
no injuries that occurred in conjunction with ube youth
hoekey program. This is, we believe, a consequenc~ of
the required equipment and a eommiunent to prevent the
kinds of conditions which can lead to injury Next year,
we wfil be requiring even more training and equipment to
To: M~o MM~n Oa~: 4~ T'xT~: 17:~ P~ge 4 M 4
be worn by the hoekey players. This leaves wind-chill
one of our biggest conoern~, While we hope to be indoors
eventually, we will be outdoom next year and will have
to eeneel games and praetiet~ when the wind-chill gets
too low as happened this year.
We had ~or~ ~juri~ i~ the lesm-to-skate program than
was expected (three broken wrists in learn-to-skate and
a number of~uts ~ the learn-t~skate hoekey skills
program). We a~ o~e~tly r~viewing the~ pror~ to
determine the I~st ways of mi~imi:fing these injuries. It
is likely that the leam-to~kate hoekey ~kills pmgntm
will either require children to wea~ helmets with wire
m~ka or will discontinue allowing sticks on the ice.
F~tablishment of the Old Capitol Figu~ Skating Clab Sue
Reeves is orgeni~n8 the Old Capitol Fisure Skati~ Club
under the umbrella of the Old Capitol 8katsrg Allianea,
our parent organization. Th, 'Alliance' serves as the
umbrella organiCion designed to bring an attifioial ice
surfaen to the community. The Figu~ Skating Club and
Yomh Hockey Assooiatien are divisinr~ of the AI1ianm
Sue was n:,ponsible for the I~m-to-skato progra~
organized this year. The Figure Skating Club will retain
responsibility for th~ leam-to-skato programs in the
,oming year.
Long Term: Our number one priority ['or the futuro i, to
astabli~h an ertifieial ion starace (prefexably indoor) for
the majority of the youth program. We ~e curt*rely
discussing wifia the Johnson County Fair Board the possibility
of bailding an indoor facility at the Johnson County
Fairgrounds. Other possibilities inolude moutdoor
refi-igerated ice surface ~r an indoor facility at another
location. Significant funds will have to be rsised to raake
this a reality.
MFETING SUMMARY
NEIGHBORHOOD OPEN SPACE ACTION PLAN COMMITTEE
APRIL 4, 1995
MEMBERS PRESENT:
MEMBERS ABSENT:
Judith Klink, Dee Vanderhoef,
Ann Bovbjerg, Rex Pruess
STAFF PRESENT:
Mike Moran, Marilyn Kriz
PRELIMINARY
Subject to Approval
John Watson
With respect to the meeting summary of March 1, 1995,
corrections or additions were made and they were approved.
nO .
The committee proceeded to review the July 29, 1994 draft of the
Objectives and Strategies by Neighborhood Open Space District
prepared by Melody Rockwell to determine if any additions or
changes needed to be made.
CLEAR CREEK WATERSHED
Objective 1.
Establish cooperative arrangements with the City of
Coralville and the University of Iowa to implement
a trail system along Clear Creek and the historic
Mormon Handcart Trail, and to create public access
and use of Camp Cardinal.
Vanderhoef noted this objective was fairly clear and to the point,
noting the only addition she would suggest is to purchase Camp
Cardinal. Watson stated the City of Coralville is interested in
purchasing Camp Cardinal and felt it would be more appropriate for
Coralville to purchase it since it was within the boundaries of
Coralville and they could provide services to it. Vanderhoef
stated staff has been in contact with Marie Ware, Coralville's
Parks and Recreation Director, who felt funding could possibly be
furnished by a REAP grant. Vanderhoef stated she would like to
include as part of the objective to purchase Camp Cardinal in
cooperation with the City of Coralville. Watson stated it was his
understanding that Iowa City is not going to develop to the north
of this watershed, because Iowa City cannot provide sewer service
to this area. After further discussion, it was determined to add
to the end of this objective, "to encourage use of Camp Cardinal as
public land."
Objective
Dedicate land as subdivisions occur in the part of
the district south of Clear Creek. Link these
neighborhood open space nodules with the trail
system developing to the north and the east.
Vanderhoef suggested adding, "in cooperation with the University of
Iowa and the City of Coralville", thereby having all parties
affected helping to accomplish this objective.
Vanderhoef stated she would like to see two more neighborhood parks
in this area, noting the lots were very big in this area and are
not flat enough to accommodate playground areas. Liddell noted the
area was very low density, with Watson adding there would not be
much land available for a playground area due to this, and fees in
lieu of open space would most likely be required. Vanderhoef
stated she would like to see the following added as objective 3 -
"As development occurs within this district to consider suitable
land for one to two neighborhood parks."
WILT~DW CREEK WATERSHED
Hunters Run Neighborhood Open Space
Objective 1. Develop Hunters Run
space usage.
Work
District.
Park for neighborhood open
will begin on this objective this summer.
Objective 2.
Establish a greenbelt and trail easement along
Willow Creek. Provide connecting trails between
Hunters Run Park and Irving Weber Elementary
School. Provide safe access across Highway 218.
Work on providing a safe access across Highway 218 will begin this
summer.
Objective 3.
Cooperation with the school district to develop a
pre-school playground as well as neighborhood
access and usage of the outdoor classroom at the
Irving Weber Elementary School grounds.
Vanderhoef noted the number one location for the new Johnson County
Heritage Museum is in this area and they are planning on having a
prairie grass area. A trail should be developed connecting this
area to the IWV Road. Also in this area a park should be developed
in the northwest section of the watershed, south of the TWV Road.
Moran asked if Ryerson's Woods should be included in this
watershed. Vanderhoef noted it should stand by itself since it did
not meet the criteria as to distance residents would have to go to
get to Ryerson's Woods.
Vanderhoef suggested adding an objective "to develop two
neighborhood parks" in this area. Watson stated the open space
deficit for this area is correct (1.28 acres), but was not sure if
the Irving Weber Elementary School was included in this
calculation. Liddell stated, as a side note, she hoped as the
School Board goes forward with their referendum for a new school
that they include a playground area as part of it. Vanderhoef
stated as the area to the west of the Hunters Run area is annexed
a park should be established to serve it. Watson stated this area
is designated as Public land and was not looked at as developable
land, and is outside the neighborhood district, and is not a part
of the neighborhood open space plan. Vanderhoef stated the general
plan for this area should be to connect the areas together by
trails.
West High Neighborhood Open Space District.
Objective 1.
As this district develops, designate neighborhood
park sites along Willow Creek and south of Rohret
Road. Six acres along Willow Creek may be
dedicated with the Galway Hills Subdivision. 90%
of the required open space should be located above
the high water line.
Objective 2.
Negotiate with the school district to create a
neighborhood park and extend trails along Willow
Creek to connect the neighborhood with the West
High campus and creekside parks.
Objective 3.
Connect the Rohret Road pedestrian crossing of
Highway 218 with the Willow Creek trail system.
The current deficit for this district is 9.41 acres, of which
approximately 6.5 acres may be dedicated with the Galway Hills
Subdivision. The committee reiterated the trail along the east
border of the Galway Hills Subdivision not to be on sidewalks or
the street. Watson stated he would like the trail to meander back
and forth along this border, possibly with parts of it being on
West High School property.
The Mormon Trek Village Subdivision is also included in the
district, which the committee has already acted on. The original
plan has been revised, with the size of the subdivision being
reduced. The only change with respect to the open space is the
developer is proposing to dedicate an area at the southeast edge of
the development, at the end of the pipeline easement across the
street. This area would be used to put signage for the trail,
which would link up to Abbey Lane by sidewalk extending to Kiwanis
Park. A trailhead would not be needed at the south end of the
pipeline easement.
Vanderhoef stated the following objectives should be added: "to
develop a neighborhood park that intersects the connector trails
between Benton and Melrose to the Willow Creek connector trail,"
and "to connect Kiwanis Park with the connector trail via Abbey
Lane." With respect to Kiwanis Park, Moran stated ~MS Consultants
is preparing a conceptual design for Kiwanis Park which will be
taken to the neighborhood for their input. Watson stated input
should be received from the people in the entire neighborhood area
and not just from those immediately surrounding the park.
Melrose/Emerald Neighborhood Open Space District.
Willow Creek Neighborhood Open Space District.
Objective
Create trail access from the south and west to the
active recreational area located in Willow Creek
Park.
Objective 2. Complete expansion and development of Kiwanis Park.
Watson stated the objectives were correct. Vanderhoef noted an
objective should be added as to "development of a connector trail
to connect Horn School to Kiwanis and Willow Creek Parks. Also, as
the sidewalk is replaced on the south side of Benton Street it
should be replaced with eight foot sidewalks when possible.
Next month's meeting is scheduled for 3:30 p.m., Tuesday, May 2, at
the Recreation Center. Work will continue on this document,
beginning with the northeast section of the Upper Ralston Creek
Watershed working southward.
4
To: lO~ CTTY CLERI( F~om: Board of Supervisors 4q~-95 8:39~a p, ~ of 3
Jobman Counh.'
Charles D. Duffy, Chakpcrson
Joe Bolkeom
Stephen P. La¢ina
Don Sehr
Sally Slutsman
BOARD OF SUPERVISORS
April 13, 1995
FORMAL MEETING
1. Call to order 9:00 a.m.
Agenda
2. Action re: claims
3. Action re: informal minutes of April 4th recessed to April 6th and the
formal minutes of April 6th.
4. Action re: payroll authorizations
5. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
1. County Recorder's quarterly report of fees collected.
c) Other
Business from the Assistant Zoning Administrator.
a) Motion setting public hearing.
b) Other
7. Business from the County Attorney.
a) Report re: other items.
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350
TEL: (319) 356-6000
FAX: (319) 356-6086 B~5
To: TONR CITY CLERg From: Board of Supervisors 4-~-95 8:39am p, 3 or 3
Agenda 4-13-95
Page 2
8. Business from the Board of Supervisors.
a) Action re: approval of FY 1995 Supplemental Construction Program
as presented and authorize Chairperson and County Auditor to sign.
b) Action re: approval of FY 1996 - FY 2000 Construction Program as
presented and authorize Chairperson and County Auditor to sign.
c) Action re: approval of FY 1996 Secondary Road budget as previously
approved and authorize Chairperson and County Auditor to sign.
d) Action re: low quotation of $0.479/gallon for calcium chloride
submitted by B/nns & Stevens for Johnson County work.
e) Action re: approve FY 1995 Dust Alleviation Program'same as used in
FY 1994.
f) Action re: Economic Development Set-Aside application for Learning
Curves, Inc.
g) Discussion/action re: Proclamation for Emergency Medical Services
Week for May 14-20, 1995.
Discussion/action re: appointments to the Johnson County Task Force
of the Heritage Area Agency on Aging.
i) Discussion/action re: fireworks permit.
j) Other
9. Adjoum to informal meeting.
a) Inquiries and reports f~om the public.
b) Reports and inquires from the members of the Board of Supervisors.
Report from the County Attorney.
d) Other
10. Adjournment.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 21, lgg5
City Council
City Manager
Material in Information Packet
Memorandum from Council Member Baker regarding local option sales tax..
Memoranda from the City Manager:
a. Debt Management
b. Reminders _ /31~_
Copy of letter from City Manager to Representative Mary Mascher regarding
solid waste.
Memoranda from the City Clerk:
a. Bylaws of All City Boards and Commissions
b. Council Work Session of April 10, 1995 /$3/_
Memoranda from the Department of Planning and Community Development:
a. Iowa City: Beyond 2000
b. Melrose Avenue Environmental Assessment/Alternatives Analysis~
Draft Final Report
c. Proposed Changes to Off-Street Parking Requirements in the /~_
Neighborhood Commercial Zone and Additional Information on
Land Banking Provision
Copy of letter from the Assistant Director of Planning and Community
Development regarding consultant for design plan for the Near Southside.
Memorandum from the Associate Planner regarding Towncrest Relocation
Program Update
Memoranda from the Department of Public Works:
a. Longfellow Neighborhood Sewer Project Pre-Design Meeting /~-?-
b. Highway 1/Gilbert Street Intersection Improvement Project /~ _
Memorandum from the Finance Director regarding sale of scrap.
Copy of letter from the City Attorney's dffice to Nila Haug regarding /~0
mediation.
Copy of letter from Kirkwood Community College regarding economic develop~j~j~L-
ment strategies and action plan,
Notice of public forum on local roads and traffic patterns in Johnson ~
County.
Minutes of the April 11, 1995, meeting of the Sensitive Areas Committee. /)~)_
Minutes of the February 16, 1995, meeting of the PATV Board of Directors./~3~
Agendas for the April 18 and April 20 meetings of the Board of Supervisors
TO COUNCIL ONLY: 1335.
Memoranda from the City Manager:
b. Water ~roject
Information Packet
April 21, 1995
page 2
Agenda for the April 25, 1995, meeting of the Board of Supervisors. /~_
Memo from Solid Waste Superintendent & JCCOG Solid Waste Management Planner regarding /~
wood waste separation program at the Iowa City Landfill.
Memo from Finance Director regarding State of Iowa Landfill Surcharge Fee.
Information distributed by Council Member Baker regarding remarks from James Howard
Kunstler "Designing on the Edge"
Copy of letter from Marjorie Hayden Strait ti IDOT regarding Talk on Transportation'
transit and ADA.
4/20/95
To: City Council
From: Larry Baker
Re: Sales tax
I would like to propose that the City Council make arrangements to
put a Local Option Sales Tax on the November-95 ballot so that Iowa
City voters be allowed to register their support or opposition to
such a funding alternative.
I personally believe that a sales
considered only as a last resort
However, the current water plant
such an occasion.
tax is regressive and should be
to solve any revenue problem.
cost projections might just be
My proposal is based on the assumption that we will, indeed, build
a water plant, whether in the near future or phased in over a long
period of time, and that plant will cost in the vicinity of 40+
million dollars. If that assumption is not valid by the August
deadline for getting something on the ballot, then a sales tax
option is not justified.
For the purposes of discussion, I would also like to suggest that
a specific ten year "sunset clause" be part of the ballot wording.
Thus, the voters would know that, if passed, the sales tax would
be limited to only ten years and another vote would be required to
continue it past ten years.
I would also suggest that the tax be specifically designated for
two purposes: 90% for water costs; 10% for downtown development.
Using the latest revenue projections, such a ten year tax would
generate approximately 40 million for the water plant and 4.5
million for do%~town development.
The rationale for the water cost designation is obvious. The 10%
for downtown development would be my personal choice, but a
majority of the Council might see a different formula being more
appropriate. "Downtown development" is itself an open-ended label
that might be more sharply focused. I have some specific ideas that
can be discussed at future meetings, but the important point for
now is that we should be making progress toward whether or not, and
how, we wish to let the public have a voice in major funding
decisions.
Some prior Council discussion indicated reservations about even
putting the issue on the ballot. Why not wait and see if there is
any public interest that would generate a citizen petition drive?
Why not let those people who want a sales tax go out and get
signatures? That is the wrong approach to this issue. I doubt if
people will actively seek a way to be taxed. But that does not mean
that those people would not like a choice. Any individual
councilmember is free to oppose a sales tax. But, as a group, we
should give the public an opportunity to make up their own mind,
City of Iowa City
MEMORANDUM
Date: April 21, 1995
To: City Council
From: City Manager
Re: Debt Management
As we think more about the means by which to finance the upcoming capital improvement
projects, specifically water and wastewater, I thought the attached information excerpted from An
Elected Official's Guide to Debt Issuance, Government Finance Officers Association, might give
you a better undemtanding of the various aspects of capital projects/bond market/debt policy.
1317
2
Why do governments issue debt?
State and local governments rely on debt for a variety of reasons. The issuance of long-term debt
has historically provided a major source of funding for capital needs. Because of the high cost
of acquiring or replacing capital assets, governments are generally not able to accumulate enough
cash from current receipts to pay for necessary improvements. Debt permits governments to
acquire assets as needed rather than wait until a sufficient amount of cash has been built up.
Long-term debt comprises about 80 percent of the total volume of municipal securities.
In addition, governments sometimes borrow on a short-term basis to meet operating expenses
in anticipation of receiving future moneys. Among the commonly issued short-term instruments
are tax anticipation notes (TANs), revenue anticipation notes (RANs), tax and revenue anticipation
notes (TRANs), and grant anticipation notes (CANs). Issuance of short-term notes permits
governments to smooth out cash flows, thereby enabling them to provide essential services prior
to receipt of major tax or revenue inflows.
Bond anticipation notes (BANs) are issued to meet interim financing needs of construction
projects. They are sometimes issued if the full cost of a construction project is not yet known, or
if the issuer believes that market conditions are such that delaying issuance of long-term bonds
is a more advantageous approach. These notes provide funding for a Project until permanent
financing can be arranged.
What are the unique characteristics of debt issued by state and local governments?
A fundamental characteristic of state and local debt securities is their tax-exempt status. Interest
income is, in general, exempt from federal income tax, and may also be exempt from state and
local income taxes. As a result, tax-exempt bonds carry the lowest rates of interest in the
securities market.
For what purposes can debt that is exempt from federal taxation be issued?
Federally tax-exempt debt may be issued to finance "governmental purpose" projects. This means
that the project must benefit the public in general. Examples of governmental purpose projects
are schools, roads, and fire stations.
In addition, certain "private activity" bonds are sold on a tax-exempt basis. The Internal Revenue
Code defines private activity bonds as those for which (1) more than 10 percent of the proceeds
will be used to finance facilities to be used by a private entity, and (2) more than 10 percent of
the bond proceeds will be secured by payments from private sources,
Bonds issued for construction or improvement of governmentally owned and operated docks and
wharves, airports, water and sewage facilities, facilities for the local furnishing of electric energy
or gas, and solid waste disposal facilities may be designated as private activity bonds under the
federal tax code definition. Nevertheless, they are permitted to be issued on a tax-exempt basis.
There are many other types of private activity bonds which are eligible for tax exemption. Among
these are qualified 501 (c)(3) bonds. These securities are issued for projects of Section 501 (c)(3)
non-profit organizations such as educational or health care facilities.
Because federal tax law governs the types of projects for which tax-exempt bonds may be issued,
as well as investment of bond proceeds, refinancing of debt, and other activities, it is essential
3
for issuers to stay abreast of changes in federal regulations. Failure to comply could result in loss
of an issue's federal tax exemption.
Why is a capital improvement plan essential to a long-term debt program?
Before undertaking a long-term debt program, governments must have a clear understanding of
the types of projects they intend to finance and when the projects will be implemented.
Development of a capital improvement plan is an essential first step in preparing to issue debt.
The plan should be formally submitted to and adopted by a jurisdiction's elected officials.
A capital improvement plan identifies projects to be funded, funding souroes, and project
expenditures over the planning horizon. The capital improvement plan is a management tool that
assists managers to:
Establish priorities in order to balance capital needs with all available funding;
Match projects with appropriate funding alternatives;
Ensure that debt-financed projects do not exceed legally or statutority permitted levels of debt
issuance; and
Plan for debt issuance to meet expenditure requirements.
in addition to serving as a planning, financing, and management tool, a well-prepared capital
improvement plan is viewed as a positive factor by the credit rating agencies in evaluating the
credit quality of a jurisdiction. A capital improvement plan demonstrates a jurisdiction's
commitment to systematically replacing or improving its capital infrastructure. It also provides
evidence that a communibj has evaluated its long-term financial resources, and has developed
a plan to meet both operating and capital needs.
Should capital programs rely solely on debt financing?
Capital needs exceed available resources in many jurisdictions. Before issuing debt, community
leaders should evaluate all potential capital funding resources for the planning period. These
include intergovernmental grants from federal, state, or other sources; state revolving funds or
loan pools; current receipts and fund balance available from prior years; private sector
contributions through impact fees, service contracts, or public/private partnerships; and leasing.
A systematic review of all funding alternatives will help a jurisdiction to maximize resources
available for its capital program. Funding alternatives which are appropriate for some activities
but not for others can be targeted early, thereby ensuring that these options are not closed off
before they are given full consideration.
When reviewing various funding alternatives, governments need to be realistic in their assessment
of whether certain funds or financing methods will be available or are feasible. For example, some
financing methods may entail a higher degree of risk than the community is willing to take, Other
financing methods will be new for a jurisdiction or involve such complexity that significant costs
for legal and financial advice will be incurred. Additional time will be needed to gain consensus
among interested parties on the use of these methods. Finance officials may decide that such
alternatives, while allowing the jurisdiction to maximize its capital resources, involve transaction
costs that are too high or are politically unacceptable.
What factors should be considered in choosing a capital financing method?
4
State and local governments should be guided by three general principles when selecting a
funding source for capital improvements: equity, effectiveness, and efficiency.
Equity is achieved if the beneficiaries of a project or service pay for it. For example, it can be
argued that since the community as a whole benefits from the public school system, public school
buildings are appropriately financed from general tax revenues. Alternatively, certain facilities,
such as water supply systems, benefit specific users. Financing for these types of capital facilities
should be derived from user fees.
An effective financing method is one that provides a sufficient amount of funding when it is
needed. Governments will generally have difficulty amassing sufficient funding from current
receipts to pay for major capital improvements. Relying on available cash for these types of
improvements would be an ineffective financing method.
Efficiency refers to the relative costs of using one financing method over another. As discussed
earlier, governments may decide that certain financing methods have financial or nonfinancial
costs or risks that are too high relative to the benefits they generate. Such financing methods may
be regarded as inefficient.
What factors should be examined when deciding on the mix of pay-as.you.go and debt
financed projects?
For most jurisdictions, an important consideration is whether to pay for capital improvements from
current revenues (pay-as-you-go) or issue debt. Debt is appropriate to finance assets with high
capital costs and long useful lives. In accordance with the equity principle, taxpayers of several
generations witl both benefit and pay for the project, and no one group of taxpayers will be
unfairly burdened. The maturity of the debt should not, however, exceed the useful life of the
project being financed.
Some pay-as-you go financing should be a part of every jurisdiction's capital finance program.
Repair and replacement projects with short useful lives are not appropriate for long-term debt
financing, and should be considered for a jurisdiction's pay-as-you-go program. A carefully
planned use of current revenues or fund balance for a pay-as-you-go program is regarded as a
positive factor in credit analysis, in that the program provides a cushion that can be used for debt
service payments in the event that anticipated future revenues do not fully materialize.
Governments should exercise caution, however, when drawing down fund balance revenues for
capital purposes. Significant reduction of fund balance restricts a government's flexibility in
responding to unanticipated revenue downturns or other emergency situations.
What is a debt policy?
Once a jurisdiction decides to issue debt, it should develop a formal debt policy to establish
parameters and to provide general direction in the planning and implementation of a debt
program. Debt policies should be formally submitted to and adopted by a jurisdiction's elected
officials.
A debt policy will encompass several elements. Among the more common considerations will be:
Acceptable levels of both short-term and long term debt;
Purposes for which debt will be issued;
5
Use of tax-supported, general obligation bonds versus self- supporting, revenue bonds;
Mix of pay-as-you go and debt financing;
Use of variable rate debt; and
Debt maturity schedule.
In setting policy goals in each of these areas, governments will be required to undertake a
comprehensive review of a variety of factors affecting the financial position of their jurisdiction.
For example, establishing a policy on acceptable levels of debt will require an understanding of
the legal limitations on debt issuance, service levels and other factors affecting long-term
operating expenses, debt commitments of other government entities relying on the same tax
base, and demographic and economic trends affecting the community.
Why develop a debt policy?
A debt policy offers a number of advantages. First, a debt policy can help community leaders to
integrate the issuance of debt with other long-term planning, financial, and management
objectives. A debt policy is also useful once bonds are issued to evaluate the impact of each
issue on the jurisdiction's overall financial position. Finally, a debt policy provides guidance to
community leaders so as not to exceed acceptable levels of indebtedness. While debt policies
are beneficial in establishing a framework for debt issuance, they should be sufficiently flexible
to permit governments to take advantage of market opportunities or to respond to changing
conditions without jeopardizing essential public services.
A carefully crafted and consistently applied debt policy provides evidence to the rating agencies
of a community's commitment to controlled borrowing practices. As such, it is regarded positively
in evaluating a jurisdiction's credit wodhiness.
What are general obligation bonds?
General obligation bonds are typically issued to finance government improvements benefitting the
community as a whole. These obligations are secured by an unlimited tax levy of the issuer; that
is, the issuer pledges to levy the necessary taxes on all assessable property within its jurisdiction
to provide timely repayment of the debt. Due to the strength of this security pledge, general
obligation bonds are readily accepted in the municipal marketplace, and usually have lower
interest rates than comparably rated revenue bonds. General obligation bonds have a fudher
advantage in that they do not require the issuer to create a debt service reserve fund or use the
services of a trustee, both of which may be necessary when issuing revenue bonds. Consequent-
ly, general obligation bonds can be issued at a lower cost relative to revenue bonds.
Generai obligation bonds have certain limitations of which the issuer should be aware, Many
governmental entities are subject to state constitutional or statutory limitations on the amount of
general obligation debt they may incur. Further, voter approval is often required in order to
authorize the issuance of general obligation bonds. This requirement can limit the ability of the
jurisdiction to enter the market quickly to take advantage of favorable market conditions. Debt
limitations have, in some cases, necessitated the issuance of "limited tax" general obligation
bands. For this type of security, an issuer might pledge to levy property taxes up to a specified
millage rate to support debt service payments.
What are revenue bonds?
6
Revenue bonds are issued to finance facilities that have a definable user or revenue base. These
debt instruments are secured by a specific source of funds, either from the operations of the
project being financed or from a dedicated revenue stream, rather than the general taxing powers
of a jurisdiction; hence, revenue bonds are considered less secure than general obligation bonds.
Voter approval is not usually necessary to issue revenue bonds. Nevertheless, revenue bond
issuers are customarily required to set reasonable rates and charges, thereby limiting the amount
of debt service that can be supported by the facility. To enhance their security, some jurisdictions
choose to issue "double-barreled" bonds, which are secured both by a dedicated revenue stream
as well as by the general taxing powers of the jurisdiction.
Revenue bonds are subject to more stringent issuance requirements than general obligation
bonds. Issuers may be required to maintain a debt service reserve fund to be used for debt
service payments if planned revenues from the facility's operations do not fully materialize. In
addition, market conditions may compel issuers to enhance the credit of the bonds by purchasing
bond insurance, Either option increases the cost of the borrowing for the issuer,
Issuers may also be subject to the provisions of a bond resolution or trust indenture, legal
contracts that protect the bondholder by establishing the flow of funds from the issuer for payment
of debt service, These contracts specify the rate covenants, the additional bonds test, and
operation and maintenance requirements that must be met by the issuer.
From: An Elected Official's Guide to Debt Issuance, J. B. Kudsh and Patricia Tigue
Government Finance Officers Association
City of iowa City
MEMORANDUM
DATE: April 19, 1995
TO: City Council
FROM: City Manager
RE: Reminders
Two reminders:
(1) Open House on Sunday, May 7, from 1:00 to 4:00 P.M.
(2) Toxic Waste Cleanup Day on Saturday, May 20. We need
volunteers.
1311i'
April 17, 1995
The Honorable Mary Mascher
State Capitol
Des Moines, IA 50319
CITY OF I0 WA CITY
Dear Mary:
In recent correspondence you were made aware of the situation we have involving a proposed privately
operated waste transfer facility in Johnson County. This facility has received the required permit to
operate by the Iowa Department of Natural Resources. We now have word of another waste transfer
facility being proposed for Johnson County. If Iowa DNR continues to permit such facilities and allow
them to compete with our landfill, while at the same time requiring that the Iowa City Landfill be
responsible for reducing the waste stream by 50%, we will obviously have a problem without control
of the waste stream.
It seems unlikely at this time that either the state or federal government will implement any controls
on the flow of solid waste. If this is the case, we must be allowed by state law to compete with
private waste transfer facilities that take waste out of our service area and out of state,
Waste transfer facilities that take waste out of state are given an unfair advantage by not being
required to charge the state surcharge tax that public and private landfills in Iowa are required to
charge. They are also not required to collect funds for closure and post-closure of a specific landfill
in Iowa. The Iowa City Landfill has a special fee for toxic waste collection events that a private waste
transfer facility does not need to charge because they have no responsibility for waste reduction
programs.
We feel if private waste transfer facilities were required to charge the state surcharge tax and collect
closure and post-closure fees for landfills they were taking waste from, we could more fairly compete
for the waste stream and protect the economic investment in our landfill. Competitive pricing is very
important to Iowa landfills if waste flow control is not allowed to be implemented.
The state receives a majority of the surcharge tax revenue and uses the funding in many different
waste reduction programs. This revenue will be lost by not requiring the surcharge tax on private
transfer facilities. To not charge private transfer facilities for landfill closure and post-closure is
allowing long-time users of our landfill to walk away from their closure and post-closure responsibilities.
Please let me know if you see any legislative recourse available to us in this matter. I hope to hear
from you soon.
Sincerely,
Stephen J. Arkins
City Manager
cc: ~-'~ty Council
Solid Waste Management Staff
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 19, 1995
Staff of City Boards and Commissions
Marian K. Karr, City Clerk/~'~-~"
By-laws of all City Boards and Commissions.
On April 11, 1995, Council accepted a recommendation from the Rules Committee to amend the
by-laws of all City Boards and Commissions to allow combining of 6 months or less vacancies
to a full-term providing this change did not conflict with lhe State Statutes. The following language
was recommended by the City Attorney to be incorporated into all City Board and Commission
by-laws and would allow greater flexibility than the proposed 6 months:
"if a position/appointment becomes vacant by reason of resignation or otherwise
and results in an unexpired term the Council may choose to fill the unexpired term
in such a manner that the appointee shall continue in the position not only through
the unexpired term but also through subsequent regular term."
The by-laws of all City Boards and Commissions sl~ould be changed to reflect this direction, and
a copy filed with the City Clerk's office. Should you have any questions regarding State Statutes
please contact the City Attorney's office.
cc: City Manager
City Attorney
Mayor and Council
g:~'cledN3y~aws
City of Iowa City
MEMORANDUM
Date: April 19, 1995
To:
Mayor and City Council
From: City Clerk
Re:
Council Work Session, April 10, 1995 - 7:35 p.m. in the Council Chambers
Mayor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick,
Pigott, Throgmorton. Staff present: Atkins, Helling, Woito, Karr, Ogren, Franklin, Kugler,
Davidson, Milkman, Nasby, Boothroy. Tapes: 95-51, All; 95-52, All; 95-53, Side 1.
REVIEW ZONING MATTERS:
Reel 95-51, Side 2
PCD Director Franklin presented the following Planning and Zoning items for discussion:
Public hearinq on an ordinance conditionalIv amendinq the use requlations of
approximateIv 34.21 acres located west of Taft Avenue along Court Street extended
from RS-5, Low Density Sinqle-Familv Residential, toCN~l, N~eiqhborhood Commercial
(6.93 acres), RM-12, Low Density Multi-Family Residential (12 acres), and RS-8,
Medium Density Sin.qle-Familv Residential (8.14 and 7.14 acres). (Windsor Ridge)
Gary Watts responded to comments and questions from Council.
Public hearin¢l on an ordinance amendinq City Code Title 14, Chapter 6, entitled
"Zoning," Article N, entitled, "Off Street Parkinq and Loadinq," to reduce the amount
of required off-street parkinq spaces and amend the parkinq area desiqn standards in
the CN-1, Neiqhborhood Commercial zone.
PCD Assistant Director Davidson presented information. Council agreed to continue
the public hearing for two weeks to allow staff follow-up on Council concerns on
location of parking and use of land banked open space.
Ordinance amendinq Title 14, Chapter 6, entitled "Zoninq," of the City Code by
revisin.q Article L, entitled "Provisional Uses and Special Exceptions," Section 1M,
entitled "Neighborhood Centers," to repeal the access requirement for neiqhborhood
centers. (First consideration)
PCD Assistant Director Davidson presented information.
Ordinance establishin~ the Moffitt Cottage Historic District for property located
between Muscatine Avenue and Ralston Creek, north of Court Street. (First
consideration)
2
Ordinance conditionalIv amendine 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 Sinale-Family Residential, to RS-8, Medium Density Sinale-Family
Residential. (REZ94-OO20/East Hill) (Pass and adopt)
Public hearinq on an ordinance amendina City Code Title 14, Chapter 5, entitled
"Buildinq and Housincl," Article H, entitled "Site Plan Review," by adoptinq desiqn
standards for exterior stairwells and exterior corridors on multi-family residential
buildings.
City Attorney Woito, Planner Kugler, and 8d. of Appeals Chair Bob Carlson presented
information. Kugler presented a slide presentation of examples of buildings with
exterior stairwells and corridors. Council requested that the word "shall" be inserted
in place of "should" on page 4, //5, regarding exterior stairwells located on the
elevation of the building that faces the street.
PRESENTATION BY HOMEBUILDERS ASSOCIATION REGARDING THE PROPOSED CODE
AMENDMENT ADOPTING DESIGN STANDARDS FOR EXTERIOR STAIRWELLS AND
EXTERIOR CORRIDORS ON MULTI-FAMILY RESIDENTIAL BUILDINGS:
Reel 95-52, Side 2
Homebuilders Association representatives Ernie Galer and Glenn Siders, Bd. of Appeals
member Bob Carlson, Design Review member Ruth Fox, and P&Z member Dick Gibson
presented information.
Kubby requested a list of code requirements that differ if a corridor is enclosed or exposed.
Council requested that specific suggestions from the Homebuilders Associstion be written and
forwarded to Council.
CITY STEPS AND CCN/HOUSING COMMISSION CDBG AND HOME FUNDING RECOMMENDA-
TIONS; Reel 95-52, Side 1
Community Development Coordinator Milkman, CCN representative Linda Murray, HIS Director
Boothroy, Institute for Social and Economic Development representative Joan Hills, Housing
Commission representative Jim Harris, and City Planner Nasby presented information.
Kubby requested that the CCN recommendations and staff recommendations for CDBG and
HOME funding requests be all put on one page. Horowitz asked the word "small" be deleted
from page 4, third paragraph referring to JCCOG community size.
Novick requested that a First National Bank representative attend Council's formal meeting
to respond to questions regarding the downpayment assistance for manufactured housing
funding application.
SUMMER COUNCIL SCHEDULE:
Reel 95-52, Side 2
Council tentatively agreed to the following schedule:
Meetings cancelled; June 19 & 20; July 3 & 4
3
revised 4/24/95
Special work sessions:
May 11,5:30 - sales tax - County Administration Building
May 18, 6:30 - CIP (tentative)
May 30 - CIP (tentative)
June 26 - prior to June 27 special formal
Special formal: June 27
Regular schedule:
May 8 & 9
May 22 & 23
June 5 & 6
July 17 & 18
July 31 & August 1
August14& 15
August 28 & 29
COUNCIL TIME/AGENDA:
Reel 95-52, Side 2
Horowitz announced that Coralville needs volunteers for the RAGBRAI on July 28 and
29.
Horowitz inquired about the duplex being built on 944 East Jefferson Street and the
value of the conservation district. PCD Director Franklin presented information about
the conservation district, the proposed duplex design, and multi-family development.
In response to Kubby, City Manager Atkins stated that information relating to the
housing assistance program should be ready within a week.
(Agenda Items #7 and //8) Kubby stated that she may not be ready to vote on the
sidewalk cafe at Council's formal meeting, urging staff to explore the eight feet along
the building and still adhere to state liquor laws.
(Information Packet) In response to Kubby, City Manager Atkins stated that he has
asked Public Works Director $chmadeke to review elevating the Iowa Avenue sidewalk
for accessibility of physically challenged individuals, and follow-up with one owner
who is undecided about the benefit.
(Information Packet) Kubby noted the correspondence from Ernie Galer, President of
the Homebuilders Association, regarding debris/landfill alternatives and urged fast
tracking the request for more information. The City Manager will follow-up.
Kubby requested that Council schedule a work session to discuss the City Attorney's
memorandum regarding public meetings and public records.
In response to Kubby, PCD Director Franklin stated that Council should schedule a
work session discussion regarding the Neuzil property.
(Agenda Items #7 and //8) In regards to sidewalk cafes, Pigott requested that staff
address the zone two concepts presented by Jim Clayton, a sunset clause, and contact
other communities regarding liability and safety issues.
4
10.
In response to Kubby, Atkins stated that the Civic Center open house and rededication
of Chauneey Swan Park is scheduled May 7.
11.
Novick stated that City Council had asked the City Attorney to forward mediator costs
to Nila Haug. Kubby noted that small claims court mediators do not cost anything.
The City Attorney will follow-up,
Meeting adjourned at 10:50 p.m.
crefkXcc4~ 10.inf
COUNI
1.
o
3
~pecial work sessions:
Special .formal:
May 11,5:30-salestax-Count
May 18, 6:30 - CIP (tentative
May 30 - CIP (tentative)
June 26 - prior to June )ecial formal
June 27
Building
Regular sbhedule:
May 8 & 9
May 22 & 23
July 17 & 18
July 31 & August 1
August 14 & 15
August 28 & 29
Reel 95-52, Side 2
Horowitz announced
29.
RAGBRAI on July 28 and
Horowitz inquired
value of the conservation
the conservation district, the
being built on 944 East Jefferson Street and the
PCD Director Franklin presented information about
3osed duplex design, and multi-family development.
In response to Kubby,
housing assistance progr~
Atkins stated that information relating to the
be ready within a week.
(Agenda Items //7 and Kubby
sidewalk cafe at Coun
the building and still state li(
ted that she may not be ready to vote on the
g, urging staff to explore the eight feet along
laws.
(Information Pack~ In response to Kubby~City Manager Atkins stated that he has
asked Public Wor~,, Director Schmadeketo renew elevating the Iowa Avenue sidewalk
for accessibility/of physically challenged indi~i~duals, and follow-up with one owner
who is undec~ about the benefit. ~
(Information/Packet) Kubby noted the correspond~ce from Ernie Galer, President of
the Homeb,¢ilders Association, regarding debris/lart~fill alternatives and urged fast
tracking ~ request for more information. The City I~nager will follow-up.
Kubby r~quested that Council schedule a work session t~,discuss the City Attorney's
memor~ndu ~ regarding public meetings and public record,s.
In re~ )onse to Kubby, PCD Director Franklin stated that C~ncil should schedule a
wor cussion regarding the Neuzil property. ~
~nda Items//7 and //8) In regards to sidewalk cafes, Pigott'~equested that staff
zone two concepts presented by Jim Clayton, a sunset ~ause, and contact
communities regarding liability and safety issues.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 21, 1995
Karin Franklin, Director, P
IOWA CITY: BEYOND 2000
At their formal meeting April 20, the Planning & Zoning Commission recommended adoption of
the IOWA CITY: BEYOND 2000 vision statement. This item will be on your May 9 agenda to set
public hearing on the vision statement as an amendment to the Comprehensive Plan. A public
hearing is required before the City Council for any Comprehensive Plan amendment.
Please think about whether you would like to undertake any other type of public input or
participation process for this project. To date this project has involved 80 members of the
community who made up the Task Forces and eight of your appointed Boards and Commissions,
including the Planning & Zoning Commission. Three public hearings were held before the
Planning & Zoning Commission. We can discuss how to proceed with this project at your May
8 work session.
bc5.2KF
City of Iowa City
MEMORANDUM
Date:
April 20, 1995
To:
City Council, City Manager
From:
Be:
Jeff Davidson, Assistant Director, Department of Planning and Community
Development "~//
Melrose Avenue Environmental Assessment/Alternatives Analysis Draft Final
Report
We are currently in the public comment phase of the Melrose Avenue Environmental
Assessment process. The draft final report has been routed to selected individuals according
to Federal NEPA requirements, and is available for review by the general public. The
consultant has also produced a summary report, a copy of which is attached for your
reference. The full report is available for review at the Iowa City Public Library, the City
Clerk's office, and the Department of Planning and Community Development.
There is one important change from information I have previously given you which you should
be aware of. It was my understanding that following the public comment period the final
environmental assessment report would be produced, then submitted to the Federal Highway
Administration for their sigmoff. The consultant has informed me that City Council action is
needed before the Federal Highway Administration receives the report. Following the close
of the public comment period, the consultant will prepare the final report with the appendix
detailing all of the public comments which were received. The City Council must then select
a preferred alternative from the seven evaluated in the report. The Federal Highway
Administration's subsequent review and sign-off will pertain specifically to the City's
recommended alternative.
The close of the public comment period is May 8. We anticipate receiving the final report
from the consultant by late May or early June. Let me know if you have any questions.
Attachment
b~eport
City of Iowa City
MEMORANDUM
Date: April 18, 1995
To: City Council
From:
Jeff Davidson, Assistant Director, Department of Planning & Community
Development
Proposed Changes to Off-Street Parking Requirements in the Neighborhood
Commercial Zone
Additional Information on Land Banking Provision
At our discussion on April 10 you requested additional information on the concept of land
banking. The land banking provision is proposed as part of a set of flexible parking strategies
designed to reduce the amount of paved surfaced in Neighborhood Commercial zones.
Flexible parking strategies address the variation in parking demand from site to site; variation
in the type and size of commercial uses, and variation in the demographic makeup of the
adjacent neighborhood. All of these factors affect parking demand and the number of parking
spaces that should be provided.
Among the stumbling blocks in implementing flexible parking requirements are the
administrative procedures for determining the appropriate amount of off-street parking. How
does a developer accurately project variations in parking demand before a proposed
development is in place? How does the City know that the developer's plan will work? What
happens if the project is sold and the new owner terminates a shared parking agreement so
that half the parking spaces can be reserved for a specific tenant? What happens if a new
tenant affects parking demand? This is especially a concern in Neighborhood Commercial
zones, since inadequate parking capacity may negatively impact the adjacent residential area.
It is in addressing these uncertainties that land banking can provide a degree of protection for
the City. In exchange for an administrative reduction in the total required off-street parking,
a developer can be required to provide a land banked area which can be used to provide
additional parking up to the amount required by the Zoning Ordinance if the projected parking
demand is exceeded. A developer unwilling to accept a land bank requirement for an
administrative reduction in off-street parking would be required to appeal to the Board of
Adjustment.
A developer could also volunteer to set aside a land banked area in a Neighborhood
Commercial zone to protect against a future change in land use (such as residential above the
ground floor) which would require more off-street parking. Several developers have indicated
it will be more economically feasible to do this if the City reduces the Neighborhood
Commercial zone parking requirements as proposed.
Some members of the City Council had a problem with how the land banked areas would be
used. The Zoning Ordinance states that areas within CN-1 zones that are not built upon or
paved shall be landscaped. It is obvious that the land banked areas must be established to
allow a parking area which meets City design standards to be constructed. We would
discourage any structures or plantings in land banked areas which would preclude their future
use as parking areas. Furniture such as benches or picnic tables would be permitted.
However, with the possibility that land banked areas may remain open space into perpetuity,
they should be landscaped consistent with requirements of the Neighborhood Commercial
zone,
Let me know if you have any questions, or if I can provide any additional information,
CC:
City Manager
Director of Planning & Community Development
iccogtpUa~lba~<.rnmo
April 19, 1995
CITY OF I0 WA CITY
Dear Property Owner:
The City of Iowa City has hired a consultant, Gould Evans Associates, to prepare a design
plan for the Near Southside redevelopment area of Iowa City. The Near Southside is the area
south of downtown Iowa City bounded by Burlington, Gilbert, and Madison Streets; and the
Iowa Interstate Railroad. On Monday, Nlay 8, 1995, from 4:00 p.m. to 6:00 p.m. at the Iowa
City Community School District board room, 509 S. Gilbert Street, Iowa City, the consultant
is meeting with the Near Southside Design Plan Advisory Committee. This meeting is open
to the public, and as an owner of property in the area you are invited and encouraged to
attend.
The redevelopment of the Near Southside neighborhood is an attempt to provide a site for
commercial and office development which will compliment downtown Iowa City and create
a downtown residential area of high intensity. The goal of the design plan is to enhance the
livability and pedestrian orientation of the Near Southside through the use of design elements
appropriate for the area.
The consultant intends this initial meeting to be principally an issue identification session. The
consultant hopes to acquire an understanding of the major issues, constraints, and
opportunities for urban design improvements and redevelopment of the Near Southside. They
hope to identify goals for the design plan and for the redevelopment of the Near Southside.
Please mark your calendars. In addition to the May meeting, the consultant will be holding
additional meetings with the advisory committee in June and September. If you have any
questions or if you wish to be notified regarding these future meetings, please contact David
Schoon (356-5236) or me (356-5236).
Sincerely,
Jeff Davidson, Assistant Director
Department of Planning and Community Development
CC:
City staff /~
City Council *'
Gould Evans Associates
City of Iowa City
MEMORANDUM
TO: City Manager and City Council
FROM: ' ~': '
Steven Nasby, Ass0cmte Planner-)j
RE: Tomcrest Relocation Pro~'arn Update
DATE: April21, 1995
According to your request, here is the monthly update of the Towncrest Relocation Program.
The following is a brief overview of our progress to date.
There have been 55 households identified as eligible for relocation assistance. Of these, 38
households have moved out of Towncrest. Six of the remaining units are abandoned and 11
households remain to be relocated. We have been in touch with these remaining households
regarding their status.
Additionally, on March 9, 1995 we mailed out a letter to the remaining households at Towncrest.
This letter included an application form for Assisted Housing and LIFE Skills' assistance. We
wanted, again, to make this type of assistance available as an option to the households that are
having difficultly locating housing. Most of the 11 households remaining have made plans to
relocate, however, they have yet to move.
There has been significant progress on two ofour"specialneeds" households. At this time we
have secured two replacement units for these individuals and are investigating the rehabilitation of
the units. A final decision on thek acceptance of the units must be made by May 1 when our
purchase option expires. This leaves us three more "special needs" households who are still
looking for another location. Two of these households are working with LIFE Skills and the
other has not requested their assistance.
Another letter was sent to EAGLE to ask about the park's closing date, since there was no
response to Karin Franldin's letter dated February 4, 1995. We requested that a letter from
EAGLE be sent to the remaining tenants which would help clear up any misconceptions about the
park remaining open and inform the tenants of any action EAGLE intended to take on June 1. A
response from EAGLE was received this week (see attached) and it suggests that there has been
no change in the closing date.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
Steve Atkins, City Manager _,_.
Rick Fosse, City Engineer ~
April 19, 1995
Longfellow Neighborhood Sewer Project Pre-Design Meeting
Residents of the Longfellow Neighborhood met with representatives from the City and Shive-
Hattery on March 30, 1995. The purpose of the meeting was to provide the Neighborhood
Association with an overview of the proposed storm-and sanitary sewer project and to solicit
comments and/or concerns about the project. Information garnered at the meeting will be
used to improve the design. Eighteen residents, three representatives from Shive-Hattery, and
three City staff members attended the presentation.
I introduced the key people involved in the project, explained their roles, and then provided
an brief history of sewer problems within the area. John Huss discussed the preliminary study
and proposed project and outlined the tentative schedule. John then responded to questions
and concerns. John also encouraged those present to call him if they had additional questions
or concerns as the project proceeds.
City of Iowa City
MEMORANDUM
To: Steve Atkins
From: Rick Fosse
Date: April 5, 1995
Subject: Highway l/Gilbert Street Intersection Improvement Project
In response to the questions raised at the March 28, 1995, City Council work
session, and other issues.regarding the Intersection Improvement Project, I
have the following information:
Data collected from the City of Iowa City Traffic Engineering Division
shows that there has been one (1) vehicle versus pedestrian accident
in the last 5 years (1990 to 1994) at the Highway l/Gilbert Street
intersection. There has also been four (4) vehicle versus bicycle
accidents (3 injuries) in the same period.
Dick Kautz at the Iowa Department of Transportation (IDOT) stated that
he does not foresee a problem with extending the IDOT funding of
$200,000 an additional year. A formal letter to the IDOT stating the
reasons for requesting an extension is all that is required by the IDOT
for considering a fund extension.
The IDOT was planning on removing the existing Highway I Ralston
Creek 4-lane bridge and replacing it with a 5-lane bridge in the next
year or two. This bridge is located at the east end of this project and
design of the intersection project was based on the new 5-lane bridge.
The IDOT has recently discovered the presence of coal tar on the east
side of the bridge near the intersection of Highway 1 and Van Buren
Street. Tests on soil borings taken in this area will be completed by
the IDOT within the next couple of weeks. If the test results show a
substantial amount of coal tar in the area, the b~'idge replacement
project may be terminated. Termination of the bridge project will
require changes to the construction plans and possibly extend the
project schedule.
The intersection project plans cannot be submitted to the IDOT for
review until they have received the soil boring results and have made a
decision on the future of the bridge project. The public hearing on this
project should not be held until the IDOT has reviewed the construction
plans. Therefor, the public hearing would be set on April 25, 1995, and
held on May 9, 1995. With this schedule, project construction is
expected to go until at least the first two home Hawkeye football
games.
Other issues associated with this item, such as acquiring right of way,
may also delay the start of this project and extend construction into the
beginning of the football season.
The construction season for iowa City lasts until November 15.
be possible to start construction as late as mid-August and still
complete the project this year.
It may
If the IDOT decides to replace the bridge next year and the intersection
project is postponed until next year so that the two projects coincide,
one of two construction options would occur:
Merge the two projects and have one general contractor
complete the whole project (bridge and intersection project).
This construction option would run the smoothest of the two
options. However, the intersection project plans would need to
be redone in metric units (to match the bridge project plans) so
the project could be bid through the IDOT. This would add
approximately 50% - 60% to the plan preparation effort.
Perform the two projects separately with two different general
contractors simultaneously. The intersection project would be
bid locally, and the bridge project would be bid through the
IDOT. Coordination between the two projects could be difficult.
However, the intersection project plans could remain in standard
units and not be redesigned in metric units.
Postponing of the intersection project until next year so that it may be
bid late winter next year may result in better bid prices by contractors
than if it is bid early summer this year.
Once the IDOT makes their decision on the bridge project I will have a better
idea of what the intersection project construction schedule will be and what
the issues will be if the project is postponed for one year. It should be noted
that recent complications and delays in the IDOT's decision on bridge
replacement will prevent us from achieving our stated goal of completing
construction before football season.
cc. Chuck $chmadeke
Jeff McClure
City of Iowa City
MEMORANDUM
Date: April 14, 1995
To:
Stephen Atkins, City Manager
From:
Re:
Don Yucuis, Finance Director
Sale of Scrap
I've reviewed the City of iowa City procedures with the divisions that process the sale of
scrap: All proceeds from the sale of scrap are processed through the cashier and the
appropriate City accounts are credited. As a reminder, I will be sending to all divisions of the
City procedures to process the sale of scrap.
April 20, 1995
Nila Haug
517 Washington Street
Iowa City, Iowa 52240
CITY OF I0 WA CITY
Dear Ms. Haug,
We have arranged for a mediator, Annie Tucker,
you and representatives of the Housing Department
communication difficulties you have experienced.
to meet with
to solve the
Annie Tucker is a volunteer from Iowa City. She has mediated
Small Claims and other cases here in Johnson County. t have given
knnie your name, phone number, and address so she may contact you
and arrange a meeting time which is convenient for everyone.
It is our sincere hope that this mediation will clear the air
and allow better understanding between all the parties.
Since~
Assistant City Attorney
cc: Linda Newman Woito, City Attorney
City Council
City Clerk
City Manager
Assistant City Manager
Doug Boothroy,
Ron Boose, H.I.S.
April 20, 1995
Annie Tucker
1425 0aklawn
Iowa City, Iowa
52240
CITY OF I0 WA CITY
re:Mediation with Nila Haug
Dear Ms. Tucker,
Thank you for volunteering your time
communication problem between Nila Haug
Department. The parties involved are:
to mediate this
and the Building
Nila Haug
517 Washington Street
Iowa City, Iowa 52240
telephone: 338-6452
Doug Boothroy, Director of H.I.S.
Ron Boose, Senior Building Inspector
Housing and Inspection Services
City of Iowa City
410 Washington Street
telephone: 356-5121
Both Doug and Ron are available Thursday afternoon, April 27
and all day Friday, April 28. Please contact them for scheduling
the meeting.
Again, thank you on behalf of the City of Iowa City.
Sinqerely,
AessVier~i~Attorney
cc:
Linda Newman Woito, City Attorney
City Council
City Clerk
City Manager
Assistant City Manager
D0ug Boothroy, H.I.S.
Ron Boose, H.I.S.
410 EAST WASHINOTON STREET 0 IOWA CITY, IOWA ~S240-1126.~ (31~t) 3~6.~000. FAX ($19}
6301 K~rk:',oo(l
PO Box 205S
Ce~ar Rao;ds ~o'.',a 52
3~9 398-54~
April 13, 1995
Mr. Stephen J. Arkins
City of Iowa City
410 East Was~ngton Street
Iowa City, IA 52240-1826
Dear Steve:
Thanks for sharing your economic development strategies and action plan and policies for
the City of Iowa City. I really appreciated your mention of Kirkwood. You have really
done some work, and it is well done.
Sincerely,
Norm Nielsen
NN:jg
Release
News of Note from the Bicyclists of Iowa City · P.O. Box 846 · Iowa City, IA 52244
RELEASE: Immediate
CONTACT: CATHRYN WILKINSON, Publicity Coordinator, (319)354-2422
CYCLISTS SET PANEL ON LOCAL ROADS
IOWA CITY, IA -- APRIL 17, 1995 -- Bicyclists of Iowa City, Inc. is
sponsoring a public foram on local roads and traffic patterns in Johnson County on
Wednesday, April 26, 1995 at 7:30 p.m. at 312 East College Street, lower level, in
Iowa City.
Four panelists who are active on various bicycling policy committees in the
county will represent the following groups: Greg Kovaciny and Charles Denney,
Johnson County Council of Governments; John Else, University Heights; and Dave
Fitzgerald, University of Iowa.
Issues currently facing Johnson County cyclists will be discussed, including the
widening of Melrose Avenue, connecting trails to the proposed Iowa Scenic River
Trail, bicycle parking facilities, and current countk-wide transportation policies.
This event is presented free for the general public by Bicyclists of Iowa City.
Membership in Bicyclists of Iowa City is open to everyone with an interest in
responsible bicycling.
Founded in 1976, BIC, Inc. supports all aspects of cycling, including organized
rides, RAGBRAI travel arrangements, educational programs, and cycling advocacy.
For more information please call (319)354-2422.
MINUTES
IOWA CITY SENSITIVE AREAS COMMITTEE
TUESDAY, APRIL 11, 1995- 11:45 A.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT:
Beth D. Hudspeth, Bill Frantz, Dick Hoppin, John Moreland, Jr.,
Jessica Neary, Sandy Rhodes, Tom Scott, George Starr
MEMBERS ABSENT: None
STAFF PRESENT:
Charlie Denney, Melody Rockwell, Scott Kugler, Dennis Gannon,
Sarah E. Holecek, John Yapp
CALL TO ORDER
Rockwell called the meeting to order at 11:50 A.M.
CONSIDERATION OF THE MARCH 20, 1995, MINUTES
Frantz ask.~d whether the discussion that took place on the wetlands compensatory ratios,
when not all the members were present, needed to be continued at this meeting. Scott
suggested that the Committee revisit the issue at a later meeting once the cumulative draft
is finished. The Committee agreed. Rhodes moved to approve the March 20, 1995 minutes.
Scott seconded, and the motion was carried unanimously.
REVIEW OF THE SENSITIVE AREAS COMMITTEE SCHEDULE
Rockwell asked the Committee about the possibility of scheduling an evening meeting to go
over the cumulative draft of the Sensitive Areas Ordinance. She indicated the original
schedule targeted getting the Sensitive Areas Ordinance to the Commissions by the third
week in May. She asked if the Committee members still thought it should push for that
deadline. Scott asked what the instructions were from the City Council. Rockwell said the
Council wants to have a Sensitive Areas Ordinance to consider by July 1, 1995. Rockwell
asked the Committee about setting up a night meeting the second week in May. Moreland
thought it was important to be able to take a cumulative draft to the organizations he and
Frantz represent to get feedback. Moreland said if the cumulative draft were out in the first
week in May, he would like two weeks to look it over with the people he represents before
scheduling a night meeting to fine tune it. He asked about the possibility of having the night
meeting the third week of May.
Rockwell noted the other meetings Committee members are involved in during the third week
in May on Monday, Wednesday and Thursday evenings. She said Tuesday, May 16, 1995,
appeared to be available. Scott asked if it was reasonable to think the Committee would have
a cumulative draft done by the first week of May. Rhodes said he would rather not push for
a strict deadline, as the Committee is coming up against perhaps the most difficult part of the
ordinance, the trees section. Moreland said the Committee could set a tentative deadline, and
change it later if need be. A night meeting was set for Tuesday, May 16, 1995, at 7:00 p.m.
Sensitive Areas Committee
April 11, 1995
Page 2
DISCUSSION OF THE STREAM CORRIDORS SECTION
Denney discussed the proposed Stream Corridors Section of the Sensitive Areas Ordinance.
Staff recommended that changes to the floodplain regulations take place separately from the
development of the Sensitive Areas Ordinance. That is, the floodplain regulations would
continue to apply, but more stringent requirements concerning floodplains may be applied
through the Sensitive Areas Ordinance. Any changes to the actual Floodplain Ordinance
would have to be reviewed and approved by the Iowa Department of Natural Resources as
well as Federal Emergency Management Agency. The review process could take a long time.
The Committee agreed with the staff recommendation.
Denney said staff also suggested that the River Corridor Overlay (ORC) zone be repealed,
because it has not accomplished what was hoped would be accomplished, Staff felt the
Stream Corridor Section regulations replace the ORC zone. The Stream Corridors Section
would be more definitive than the existing ORC zone. Denney asked if the Committee thought
this was appropriate. The Committee agreed that it was.
Rhodes asked about an apparent conflict between the steep slopes memos and the stream
corridors memos in their statements of values. He noted the steep slopes memo mentions
that roads should be concentrated on ridgetops, whereas the stream corridors memo mentions
ridgetops should be preserved to function as greenways or connective open space. Denney
said the wording had been revised in the slopes section to state "street rights-of-way and
public utility corridors shall be located so as to minimize cutting and filling."
Denhey went over the definition of a "stream corridor." That is, a stream corridor is the
delineated floodway of a river, stream, or drainageway as shown in blue (the blue line) on the
most current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is
delineated, Denney proposed that the blue line serve as the centerline within a 30-foot wide
stream corridor. Neary mentioned that streams are always moving, and asked how the
Committee would deal with a 'fixed' buffer with a stream that meanders. Denney said the
buffer would be based on where the stream was at the time the U.S.G.S. map was made,
Neary said if you allow development outside of a 30-foot buffer, over time, the stream could
encroach on that buffer and threaten the property. Scott mentioned the stream would then
be encroaching on already existing development. Rockwell said many people try to stabilize
the stream bank on their property. Neary said she knows many property owners along
Ralston Creek who cannot afford to stabilize the bank. She said it may be more responsible
not to build in the floodplair~ at all; to let the creek move where it will within the floodplain.
Rhodes said part of the problem is the difficulty of determining where the floodplain is on the
smaller tributaries.
Rhodes wondered why the proposed buffers (50 feet, 30 feet and 10 feet) were so small.
Denney said the proposed buffers came from looking at other ordinances, as well as from
staff trying to propose buffers that seemed reasonable. Denney said it was most difficult to
determine the buffer width needed on streams with no delineated floodways. He said the blue
line on the U.S.G.S. map would be the key to deciding what was considered a stream.
Sensitive Areas Committee
April 11, 1995
Page 3
Rockwell said before the Committee discussed specific buffers, it would be important to
decide whether or not the floodway should be used to establish stream corridor limits on the
river and larger streams. Neary thought the floodplain, not the floodway, should be used,
because the stream can move anywhere within the floodplain over time. Rhodes noted that
on a larger "philosophical" scale, our society spends billions of dollars stabilizing creeks and
rivers, and if development occurred properly, there wouldn't be this loss of funds. It is a step
in the right direction to prevent improper development in Iowa City. Rockwell said requiring
a natural buffer will help stabilize the bank in most cases.
Moreland said when people build their houses, they want to have them sitting right on the
river bank. In fact, they spend extra money to have their houses right on the river bank.
Moreland said if anyone knowingly builds in the floodplain, they should be responsible and
accountable for their own property, and not be able to come to the City and request help if
their homes are being harmed by the river. Scott said the problem is people will come to the
City and ask for help whether they knowingly built within the floodplain or not. Moreland
asked why Iowa City should have more stringent buffers than other cities, when people are
going to want to build as close to the river as they can, no matter what the buffer is. Scott
answered that ideally, if the City had unlimited funds, it could prohibit any building in the
floodplain, period. If it did, however, the City would have to condemn and buy a lot of land,
which it cannot afford. Scott agreed that a lot of money is lost because the floodplain is
overly developed.
Neary did not think the City had to purchase the land to prohibit development on it. Scott
said if the City denies the use of the floodplain for anything other than open space, it would
probably have to compensate the land owners in some way. Neary thought the more
stringent regulations were a step in the right direction. Scott asked what the current
Floodplain Ordinance allowed. Denney answered the present Floodplain Ordinance prohibits
development within the floodway, but allows development under certain oircumstances in the
remainder of the floodplain.
Scott said one big problem is fill within the floodplain; knowing how close you can fill to the
floodway. Moreland said you can only fill up to the floodway, and you have to retain the fill
so it will not encroach into the floodway, using either a retaining wall or a 3.5:1 slope as
specified in the Grading Ordinance. Scott asked if buffers starting at the floodway would
prohibit fill or not. Rockwell answered that it is the intent of the proposed ordinance to
prohibit fill in the buffers. Scott said the intent of this ordinance, then, is that from the
floodway demarcation, you add on the buffer, and then you can start your retaining wall or
fill at a 4:1 slope, as agreed on for the steep slopes section of the ordinance. He said this
would be a better, more strict ordinance than we currently have. Scott thought a slope was
better than an upright retaining wall, because it extended the stream oorridor buffer, He
would prefer this not result in a taking of excessive amounts of property. He said in the long
run, this proposed ordinance would better protect property that might be developed in areas
adjacent to streams like Ralston Creek, for example.
Rockwell thought there was general agreement, though not complete agreement, among the
Committee members that the floodway should used to measure the limits of the stream
corridor. Rhodes proposed using the word "establish" instead of "measure," Denhey said for
Sensitive Areas Committee
April 11, 1995
Page 4
the purposes of the ordinance, the stream corridor is defined as the delineated floodway.
Starr confirmed that for streams with no delineated floodway, the blue line will serve as the
center of a 30-foot wide stream corridor. Rockwell said that is correct.
Rhodes asked how this ordinance would impact an area like the development south of Abbey
Road, where it is perceived as being flooded out three times a year. Rhodes said even if this
ordinance were in place, which would not allow development within 25 feet of the stream ( 1 5
feet on either side for the stream corridor plus the proposed 10-foot buffer), it would not be
enough to stop the flooding of homes in that area. Gannon said the area Rhodes referred to
is a storm water detention area, and is supposed to fill up with water. Scott said in many
areas, the back yards are supposed to be flooded, He said in the Abbey Road area, the back
yards are part of the stormwater detention basin. If this ordinance were in effect, the homes
would be set further back from the stream, but portions of residential lots could still be within
a detention basin. Denney said the ordinance would not prohibit lots containing a floodway
or buffers, it would just prohibit building within the floodway and buffers. Scott said this
ordinance would designate part of the floodplain, which is not b¢i.qg protected now, as a
build, no-fill, no-grading area.
Denney went over other sections of the ordinance, including Stream Corridor Regulations,
Stream Corridor Buffer Requirements, Buffer Reduction Criteria, and Uses Permitted within
Stream Corridor Buffer Areas. Rhodes said that Section 5b, part 2a should be changed to
read "The portion of the buffer being reduced does not contain other sensitive areas subject
to the requirements of this Chapter."
Starr asked if it would be possible, according to Section 5b, to eliminate the buffer in one lot
and increase it in another lot to make up for what you eliminated. Denney said that according
to this section, the City could only reduce the required natural buffer if the property met
certain criteria, such as providing enhanced vegetative cover. Starr confirmed this section
does not allow a variable buffer; you couldn't reduce the buffer on one lot by increasing it on
another lot. The buffer can only be reduced providing the property meets the buffer reduction
criteria in Section 5b.
Rockwell asked what the Committee thought about the buffer width requirements; 50 feet
for the Iowa River, 30 feet for streams and tributaries with a delineated floodway, and 10 feet
for tributaries or drainageways with. no delineated floodway. Rockwell noted that Neary and
Rhodes had indicated these buffers were not wide enough. Rhodes said a 10~foot buffer was
not enough room even for a trail. Denney said if a trail was desired along a certain stream,
the buffer could be widened through the planned development process. Moreland asked
where the l O-foot buffer width came from. Denhey said it was the smallest buffer
requirement for small streams and drainageways he'd found in reviewing ordinances from
other jurisdictions. Rhodes asked what the maximum buffer width was for small streams,
Denney said he thought it was 20 feet.
Scott thought some work should be done on writing regulations to have people put in 4:1
slopes instead of retaining walls to keep water away from buildings on a property. He thought
a 4:1 slope, which you would not be allowed to build on, would address some of the concerns
about giving the stream more room to move around in, especially during high water times.
Sensitive Areas Committee
April 11, 1995
Page 5
Moreland said there were certain situations where a retaining wall would be more desirable.
He thought it should be left up to the site plan review people to decide. Scott agreed in some
cases, a retaining wall would be necessary so that you did not take away from the owner
being able to use their property. Scott said he would like the staff to play with the idea of
writing some regulations on slopes and retaining walls. Moreland thought the retaining wall
decision should be left up to the site review people. Denney said he could not recall
discussion in other ordinances about what kind of building or fill was permitted outside of the
natural buffer for a stream corridor.
Rhodes asked why not simply keep it simple and expand the buffers. Scott said the danger
of expanding the buffers is that the City will be flooded with requests to reduce them. The
ordinance will not be effective if there are many requests to reduce the required buffers.
Rhodes said if you compare these buffers to a football field, they seem very small. For
example, the 50-foot buffer for the Iowa River is less distance than from the goal line to the
20 yard line. Rhodes said he would rather see something like 100-foot, 50-foot, and 30-foot
buffers, respectively. Moreland said the Committee needs to think about how increased
buffer widths will affect people, who own and plan to develop land along the river and
streams, and whether the City would have to compensate for increasing the no-build zone in
areas people plan on developing, Holecek said that is one issue that will be looked at in the
transfer of development rights section. Holecek said the City would need a strong rationale
for the increased buffer widths to avoid having to compensate people for taking away their
ability to develop their land.
Scott asked what the current buffer was on the Iowa River and tributaries. Denney answered
that the Iowa River buffer is 30 feet, according to the ORC zone. There is no current buffer
requirement for the tributaries. Denney brought up an example of a newer building at the
corner of Highway 6 and Riverside Drive, which was set back about 50 feet from the Iowa
River. He said if there was a 100-foot buffer requirement, it might not have been possible to
construct a building at that location. Rhodes said the property could have a buffer reduction,
however, under Section 5b, part 2a, which states that the required natural buffer may be
reduced up to 100 percent if "the property is adjacent to or contains a stream corridor that
is located in a developed area of the City..." Rhodes said if the ordinance had a 100-foot
buffer requirement, and included the possibility for buffer reduction, this ordinance would not
have any economic impact on people other than at the undeveloped fringe areas of Iowa City,
such as the peninsula. Denney said if you create regulations that are easily reduced, the. y are
not good regulations. Rockwell said the regulations need to be legally defensible. Scott said
if there is more than one sensitive feature in an area, it would be very hard to get an approval
for a stream corridor reduction, Scott said you also need to look at the size of the buildable
lot. it is important not to require so much buffer that you take away the buildable area of a
lot. He said he is afraid that if the City enforced large buffers that took away from the
buildable area of lots, the City would end up with a lot of law suits. That is the worst case
scenario he could think of for the Sensitive Areas Ordinance.
Rhodes said the Committee should also think of how much time is spent trying to save
property that is affected by floods, how much time is lost sandbagging, how much time is lost
pumping water, and how much time is lost with fire trucks that could be used elsewhere.
Scott agreed there were social costs to consider, but unless the political bodies make a
Sensitive Areas Committee
April 11, 1995
Page 6
decision that prohibits development on the floodplain, he would have a problem writing a
regulation that prohibited developing on the floodplain and offered no compensation. Scott
said there are enough people in this town who would take the City to court just out of
principle.
Moreland asked if a small drainageway could be relocated if protection of the drainageway,
using this ordinance, made it difficult to put in streets or houses. Denney said if the stream
or drainageway is protected by this ordinance, it should be kept in its natural state. If the
stream or drainageway shows up as a blue line on the U.S.G.S. map, it would be protected
by this ordinance. Moreland asked if the stream or drainageway does not show up on the
map, would it be subject to this ordinance. Denney said no.
Rockwell asked for some middle ground on buffers from the Committee. Moreland said what
this proposed ordinance gives as required buffers is already middle ground. He said the
current buffers are zero feet for tributaries and drainageways, and this ordinance is the middle
ground between zero and the larger buffers proposed by Rhodes end Neary. Moreland said
he would vote to keep this ordinance the way it is written now, Starr said given the legal
issues involved, he would vote to keep this proposed ordinance as written. Rockwell asked
if the Committee would consider changing the buffer width from 10 feet to 1 5 feet for the
streams and drainageways with no delineated floodway. She noted this would affect those
areas of the City, which are largely undeveloped. Rhodes said he would prefer a 15-foot
buffer width so at least a trail could be included. Scott said his fear was still that the
ordinance would encroach on the buildable area of the lot, but going from 10 feet to 15 feet
on unplatted areas does not raise legal issues,
Starr asked if a 30-foot wide stream corridor (15 feet on either side of the blue line) was big
enough to define those streams with no delineated floodway. Rockwell answered that
streams with no delineated floodway are generally narrow, do not have much water running
through them, and are found in the upper reaches of creeks. Rhodes said that was a
reasonable assumption, except in drainageways that have large drainage areas above them.
Starr asked if the average width of such a stream would be about 5 feet, just to get an idea
of how big a stream is being talked about. Rhodes said you would have to look at each site
individually. Scott said it is true if there is a 30-foot wide stream with no delineated
floodway, 15 feet on either side of the blue line would leave you standing in water. He said
this was an extreme example, however, and each site would be subject to either site review
or planned development review. Scott said he had no objection to going to a 15-foot buffer
width for the streams with no delineated floodways. He said a 15-foot buffer should not
affect the buildable portion of most lots.
Rockwell said there appeared to be general agreement to move forward with t.he 50-foot, 30-
foot and 15-foot buffer widths for the respective streams. She noted the Committee could
revisit this issue when they go over the cumulative draft of the ordinance. Rockwell asked
if there was any discussion on the criteria for reducing the buffers. There was no discussion
on Section 5b, part 1, the 50 percent reduction section.
Sensitive Areas Committee
April 11, 1995
Page 7
In discussing the 100 percent reduction section, Scott said the City would have to reduce the
required buffers by 1 00 percent in the already developed areas, such as along Ralston Creek,
so the City would not end up buying a lot of property. Rockwell asked if there was any
discussion on Section 6, Uses Permitted Within the Stream Corridor. Rockwell noted there
seemed to be no more discussion on the Stream Corridors Section of the ordinance and it
would be incorporated into the cumulative draft of the Sensitive Areas Ordinance.
DISCUSSION OF THE PRAIRIE REMNANTS SECTION
Scott said he would like to handle the Prairie Remnants Section as simply as possible. He said
the staff memo indicated there are only three identified prairie remnants in Iowa City, one of
which is along the railroad tracks. He said with so few prairie remnants, the regulations
applying to them should be kept simple. Rhodes said there is considerable potential that more
prairie remnants will be identified, but agreed that the section should be kept simple and
straightforward. Scott said the prairie remnants are so few and so small, that we should
simply protect them. He said the ordinance should not get into compensatory mitigation for
prairie remnants, because that would destroy the "native" aspect of the prairie remnants.
Rockwell said perhaps a prairie remnant would not trigger a planned development in and of
itself, but protection could be accorded through site plan review.
DISCUSSION OF THE SCHEDULE
Moreland thought the May 16 deadline for having the cumulative draft done was pushing the
issue, especially with the woodlands section coming up, which is perhaps the most difficult
of the sections. He said if the May 16 meeting ends up being a work session, he would still
need some time to take the ordinance back to the people he represents before the ordinance
is presented to the Commissions. Rockwell agreed there should be general agreement on the
cumulative draft before it is forwarded to the Commissions, including time for discussion with
developers' associations and environmental organizations. Rockwell said staff would schedule
the meeting for May 16, noting it as a work session. Rhodes said he would like to have a
chance to digest a cumulative draft before it is presented to the Commissions. Rockwell and
Moreland agreed, and noted the possible need for another work session after May 16, 1995.
DISCUSSION OF THE WEED CONTROL ORDINANCE
Scott said that there seemed to be an inconsistency on page 2, part E2 where it says that
"the owner or person in possession or control of the adjacent land shall be responsible to keep
the flat or accessible portion of the creek bank free of any weeds and the grasses more than
fourteen inches in height." He said that since we force private parties to cut their weeds in
these areas, we should make the City take care of its property as well. He said it is his
experience that most of the problems with weed control are on City owned lands.
DISCUSSION OF THE WOODLANDS SECTION
Scott and Moreland noted that this section of the ordinance seemed much more complex than
the other sections. Rockwell said staff would send out more background information before
the Committee's next meeting. She said the basic policies of the woodlands section would
Sensitive Areas Committee
April 11, 1995
Page 8
have to be decided at the outset; the shape of that section of the ordinance would be
determined once the basic policies were agreed on by the Committee.
Frantz asked if the City retained an arborist or a landscape architect. Moreland said no, but
the City does have a City Forester. Rhodes said you have to treat trees differently depending
on the size of the forest or grove of trees, and depending on the type of tree. Denney said
he was struck by how different ordinances dealt differently with different types of trees, such
as bur oaks. Rhodes said there should be some sort of sliding scale regulations in dealing with
different sizes of woodlands.
Scott said the ordinance would have to be intelligible to the average citizen. Moreland said
it may be helpful to have the City Forester at the next meeting for questions. Neary noted
that many people do not know what it is that leads to the death of a tree; that people are
naive about trees. She said one idea may be to have workshops for developers and builders
on how to preserve trees. Denney said that a model tree protection education program was
suggested for the Galway Hills development. Scott noted that trees do increase the value of
the property.
ADJOURNMENT
The meeting was adjourned at 1:25 P.M.
Minutes submitted by John Yapp
APPROVED
Minutes
PATV Board of Directors
Thursday, February 16, 1995, in Meeting Room C of the Iowa City Public Library
Present: Doug Aliaire, Greg Easley, Vicky Grube, Derrick Honore, Derek Maurer, Maureen
McCormick, Scott Murray, Larry Quigley, and Steve Wudzler.
Staff: Renb Paine.
Library: Beth Fisher.
Aliaire called the meeting to order at 7:05 p.m.
Minutes:
The January minutes were approved as amended.
Reports:
BTC: The commission will discuss the Iowa City Cable Division's community programming
proposal when it meets Feb. 20. Fisher characterized the proposal as contemplating
accommodating community programming services with existing Cable Division staff. There
followed a brief recapitulation of developments that led to formulation of plans by both the
Cable Division and PATV.
LIBRARY: Fisher reported that the sesquicentennial video project steering committee has
met twice in the past month, and publicity for the project has begun. The committee is
working out logistics for the event; PATV will distribute videotapes to project participants.
Another public meeting is scheduled for April 24.
FINANCIAL COMMITTEE: Honore, the new treasurer, announced he would like to become
acquainted with PATV's accounts; Cooney Enterprises of Iowa City keeps the organization's
books. Honore said he is also interested in fundraising; McCormick mentioned fundraising
ideas the committee developed last year, namely a benefit with live music and a raffle in
which the winner would appear on the "Naughty Poo Pie" show.
OUTREACH COMMITTEE: Quigley reported the committee selected him as chairperson.
The committee met to brainstorm ideas for carrying out the charge the board gave it, i.e, to
promote awareness of the threat telecommunications law reform could pose to cable access.
The committee's clearest idea was to have community producers themselves produce short
spots on the issue for frequent repetition in the PATV program schedule. Murray commented
that the meeting was very productive. The committee asked the board for authority to
implement, with staff cooperation, ideas to accomplish the goal of promoting awareness of
telecommication reform's implications for access. A motion by Grube and Honore to permit
the committee to act was approved. Board members also suggested other ideas for
outreach.
MANAGEMENT: Paine reported that a PATV-sponsored documentary workshop is
scheduled for Feb. 25 from 1 p.m. to 5 p.m. in Meeting Room A; it is free and open to the
public. In addition to an overview of the sesquicentennial project, presenters will discuss
various aspects of the documentary form. Also, PATV staff will begin producing a new show
called "Meet the Press-Citizen" in March. The show will feature live call-ins to Press-Citizen
editorial board members. It replaces "The Sanders Group," which is in hiatus. The Press-
Citizen will run free ads for any live call-in show airing on PATV. Also, ACM Regional
Conference t-shirts are in. Finally, a national organization is promoting an upcoming "TV
Turn-off Week" in April, and Paine said PATV staff is considering some kind of promotion
associated with that event.
Old Business:
STAFF HANDBOOK: Paine reminded Board members that she would like to finalize
revisions of the Staff Handbook. She wants to include a section on telephone use by staff
and producers. Board members suggested the draft section on paid vacation be clarified,
and that use of the computer modem by staff be considered. Paine asked that Board
members who would like to comment on specific items in the Handbook mark their copies
and return them to her.
ACM CONFERENCE: Paine asked Board members to think about who should go to the
upcoming ACM national conference in July; in will take place in Boston. The entire PATV
staff and one Board member attended the last conference two years ago; Paine said the
event was productive and helped build staff morale.
PATV HOLIDAYS: Paine raised the question of which paid holidays to include in PATV's
annual schedule, and suggested that personal holidays could be substituted for fixed ones.
allowing the Access Center to remain open more days of the year. Speaking for the
Administrative Committee, Aliaire asked the staff to propose a list of holidays for approval by
the Board.
DIRECTOR EVALUATION: Aliabe noted that in order for the director evaluation to move
forward it is necessary for the each standing committee to choose a chairperson, who will
then serve on the director evaluation committee. The Financial Committee used this
occasion to name McCormick as its chairperson.
IOWA SHARES: Maurer recapitulated the oral presentation he gave at the January Board
meeting about Iowa Shares, based on a memo he wrote to Board members that was
distributed in the February Board packet. He moved that the Board study the possibility of
joining Iowa Shares. McCormick expressed reservations about affiliating with Iowa Shares
because PATV could be perceived as subscribing to political positions taken by other
member organizations of Iowa Shares. She also cited previous discussions of fundraising by
the Board, which she understood to preclude affiliation with other organizations. Finally, she
questioned whether Iowa Shares would represent the best deal for PATV if it were to affiliate
with a fundraising organization. Aliaire said his recollection was that PATV decided against
affiliating with United Way in order to avoid competing for funds with other United Way
organizations. Other Board. members expressed concerns about the $1,000 annual
membership fee for Iowa Shares and the requirement that PATV contribute ten hours per
month toward Iowa Shares organizational activities. Maurer reiterated that the motion was to
study whether Iowa Shares membership would benefit PATV; Quigley seconded the motion,
and it carried. Aliaire directed the Financial Committee to look into the question.
New Business:
2
LOBBYING: The Board's action in January to support ACM lobbying efforts in Congress, as
well as ongoing efforts to inform viewers and producers about telecommunications law
reform, raised questions regarding the propriety of lobbying by PATV, in that it is a non-profit
organization governed by 501 (c) (3) provisions of the tax code. Aliaire reported he checked
with legal consultant Jim Larew, who advised a very cautious approach; indeed, Larew
advised PATV not to undertake any kind of activity that could be construed as political in
nature. At the other end of the spectrum of opinion, ACM executive director Barry Forbes
asserts 501 (c) (3) organizations "are generally allowed to devote up to 10% to 15% of their
resources for such purposes." Thus there is no definitive answer to the question of whether
PATV endangers its non-profit status by supporting ACM and urging viewers to contact their
congressional representatives. Aliaire concluded that these activities will continue unless
some party provides clearer guidance to the contrary.
STRATEGIC PLANNING: Paine proposed that once the new franchise is signed, PATV staff
and Board members hold a retreat to formulate long-term goals for the organization.
Preparatory to this a public meeting could be held to gather input. This led to renewed
discussion of alternative sources of financial support for PATV, as well as its future prospects,
assuming this franchise, if approved, will probably be the last. Aliaire directed the
Administrative Committee to consider strategic planning.
NEW FACILITY: Paine proposed PATV ascertain the possibility of remaining in the
expanded Iowa City Public Library, as the location has served the organization very well.
Aliaire agreed to contact Library director Susan Craig informally and indicate to her our
interest in remaining in the remodeled Library if that proves feasible.
The meeting adjourned at about 8:50 p.m.
3
To: TO~ CITY CL[ltI( From 89ard of Superv£~r~ 4-17-55 8:35a~ p. 2 oF 3
Johmun Count,.*
Charles D. Duffy, Chairperson
Joe Bolkcom
Stephen P. Lacina
Don Schr
Sally Slutsman
BOARD OF SUPERVISORS
April 18, 1995
INFORMAL MEETING
1. Call to order 9:00 ram.
Agenda
Review 'of the informal minutes of April 4th joint meeting with the Iowa
City/City Council and Johnson County; informal minutes of April 11th
recessed to April 13th and the formal minutes of April 13th.
3. Business from the County Engineer.
a) Discussion re: Road Maintenance Agreement on Fox Lane (Dan Hall
representing residents).
b) Discussion m: truck bid~.
c) Other
4. Business from the Count3' Auditor.
a) Discussion re: increasing maximum amount authorized at First
National Bank.
b) Discussion re: FY 95 appropriation changes to Ambulance and
Medical Examiner.
c) Other
913 SOOTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
To: TOm CITY CLERK From: Board of Supervisors 4-17-95 8:35au p. 3 oF 3
Agenda 4-18-95
Page 2
Business from Physical Plant Director, Pat Langenberg re: update on
repair cost for the court house garage/discussion.
6. Business from the Board of Supervisors.
a) Discussion re:
b) Discussion re:
c) Discussion re:
d) Reports
e) Other
computer study committee.
flexible benefits spending accounts.
Blue Cross/Blue Shield.
7. Discussion fi'om the public.
8. Recess.
To: IOnCITY ClER~ From ~oard oF Sup=rv~sops ~-I~-gS ~:~§a~ p. 2 of ?
&~hnx~m C~un~'
~ l/ IOWA,)
Charles D. Duffy, Chairperson'
Joe Bolkeom
Stephen P. Lacina
Don Sehr
Sally Stutsman
BOARD OF SUPERVISORS
April 20, 1995
FORMAL MEETING
1. Call to order 9:00 a.m.
Agenda
2. Action re: claims
Action re: informal minutes of April 4th joint meeting with the Iowa
City/City Council and Johnson County; infonnal minutes of April 11th
recessed to April 13th and the formal minutes of April 13th.
4. Action re: payroll authorizations
5. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
1. County Auditor's quarterly report of fees collected.
c) Action re: resolution increasing maximum amount authorized at First
National Bank.
d) Action re: resolution for FY 95 appropriation changes to Ambulance
and Medical Examiner.
e) Other
913 80brrH DUBUQUE' ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086
To: IOk~ ¢I]Y CLERR
From: Board of Supervisors
4-19-95 8:48am
g. 3
Agenda 4-20-95
Page 2
9:30 a.m. - Public Hearing on Zoning and Platting Applications:
a) First and Second consideration of the following
applications:
Application Z9460 of Hazel Baker, Lone Tree, owner, signed by
Douglas MaGmder, Lone Tree, requesting rezoning of 3.98 acres
(2- 1.99 acre tracts) l~om A1 Rural to RS Suburban Residential of
certain property described as being in the SE 1/4 of the NE 1/4 of
Section 31; Township 78 North; Range 5 West of the 5th P.M. in
Johnson County, Iowa (Ilfis property is located on the west side of
Taft Avenue SE, approximately 3/4 of a mile north of its intersection
with 580th Street SE in Pleasant Valley Twp.).
Application Z9501 of Kurt Gillette, Springville, Iowa, requesting
rezoning of 24.4 acres from A1 Rural to A3 Floodplain of certain
property described as being in the W 1/2 of the NE 1/4 of Section
11; Tom,ship 81 North; Range 5 West of the 5th P.M. in Johnson
County, Iowa (This property is located north and west of the old
Sutliff Bridge and East of the relocated Butlift Road NE (F14) in
Cedar Twp.).
Application Z9505 of Joe Duffy, Iowa City, requesting rezoning of
1.99 acres from A1 Rural to RS Suburban Residential of certain
property described as being in the SW 1/4 of the NW 1/4 of Section
18; Township 80 North; Range 5 West of the 5th P.M. in Johnson
County, Iowa (This property is located on the south side of
Newport Road NE, approximately 1/4 of a mile west with its
intersection of Highway 1 NE in Newport Twp.).
Application Z9507 of Michael and Nancy Scheetz, Oxford,
requesting rezoning of 1.0 acres ~om A1 Rural to RS Suburban
Residential of certain property described as being in the NE 1/4 of
the SW 1/4 of Section 29; Township 80 North; Range 8 West of the
5th P.M. in Johnson County, Iowa (l'his property is located on the
north side of Gegenheimer Road NW, approximately 1/2 mile west
of its intersection with Black Hawk Avenue NW in OxfordTwp.).
To: IOgqCITY CLERK From: Bodrd of Supervisors 4-19-9§ 8:4§a~ ' p. 4 of ?
Agenda 4-20-95
Page 3
Application Z9508 of John Skay, Iowa City, owner, signed by Brian
Skay, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to
RS Suburban Residential of certain property described as being in
the SE I/4 of the SW 1/4 of Section 27; Township 80 North; Range
5 West of the 5th P.M. in Johnson County, Iowa (this property is
located on the west side of Vincent Avenue NE, approximately 7/8
of a mile south of its intersection with Elmira Road NW in Graham
Twp.).
b) Discussion/action re: the following Platting applications:
Application S9489 of Vincent J. Dalton requesting preliminary and
final plat approval of Dalton's Subdivision, a subdivision located in
theNW 1/4 of the SE 1/4 of Section 26; Township 80 North; Range
6 West of the 5th P.M. in Johnson County, Iowa (rhis is a 2-lot,
3.51 acre, residential subdivision, located on the north side of
Newport Road NE, approximately 1/4 of a mile east of the
intersection of Newport Road NE and Prairie du Chien Road NE in
Newport Twp.).
Application S9502 of Donald Lacina requesting preliminary and
final plat approval of Lacina Subdivision, a subdivision located in
the SE 1/4 of the NW I/4 of Section 9; Township 79 North; Range 5
West of the 5th P.M. in Johnson County, Iowa (This is a 1-1ot, 2.55
acre, residential subdivision, located on the north side of Lower
West Branch Road SE, approximately 3/4 of a mile east of the
intersection of Lower West Branch Road SE and Utah Avenue 8E
in Scott Twp.).
Application S9510 of Betty Sedlacek requesting preliminary and
final plat approval of Sedlacek Second Addition, a subdivision
located in the NE 1/4 of the SW 1/4 of Section 26;' Township 80
North; Range 6 West of the 5th P.M. in Johnson County, Iowa
(This is a Mot, 18.19 acre, residential subdivision, located in the
southeast quadrant of the intersection of Prairie du Chien Road NE
and Newport Road NE in Newport Twp.).
To: ZONA CITY CLERg From: Board oF Supervisors 4-I9-95 8:46aa p, 5 or ?
Agenda 4-20-95
Page
Application S9516 of William E. Frees requesting preliminary plat
approval of Orchard View Estates, a subdivision located in the SE
1/4 of Section 19; Township 80 North; Range 5 West of the 5th
P.M. in Johnson County, Iowa O]fis is a 35 lot with 3 non-
buildable lots, 107 acre, residential subdivision, located on the south
side of' Dingleberry Road NE, approximately 1/2 mile east of the
intersection of Highway 1 NE and Dingleberry Road NE in Newport
Application S9518 of Bcrnard& Phyllis Marak and Darrell &
Carolyn Marak, signed by Barb Marak, requesting preliminary and
final plat approval of Marak's Second Addition, a subdivision
located in the SW 1/4 of the SE 1/4 of Section 8; Township 81
North; Range 7 West of the 5th P.M. in Johnson County, Iowa
(I'his is a 1-lot, 2.49 acre, residential subdivision, located in the NW
quadrant of the intersection of 140th Street NW and Marak Road
NW in Jefferson Twp.).
Application S9519 of Steve Manary requesting prelimina~ plat
approval of Prairie Hill SuMivision, a subdivision located in the lie
1/4 of the NW 1/4 of Section 17; Township 81 North; Range 6 West
of the 5th P.M. in Johnson County, Iowa (This is a 4~lot, 35.503
acre, residential subdivision, located on the south side of 140th
Street NE, approximately 1.20 miles west of the intersection of
140th Street NE and Ely Road NE in Big Grove Twp.).
Application 8952 l of Bernard D. Crutchfield requesting prelimh.' ary
and final plat approval of Crutchfield Cattle Company Estates, a
Resubdivision of Lot 2 ofL & E Estates located in the SE 1/4 of the
SW 1/4 of Section 22; Township 81 North; Range 6 West of the 5th
P.M. in Johnson County, Iowa (This is a 2-1or, 12.84 acre,
residential subdivision, located on the north side of 180th Street NE
approximately. 15 miles west of the intersection of 180th Street NE
and Pine Brook Avenue NE in Big Grove Twp.).
To: IOnCITY CLERK From: Board of Supervisors 4-19-95 8:4§aa p. § of ?
Agenda 4-20-95
Page 5
10.
11.
Application S9522 of Brian Skay requesting preliminary and final
plat approval of LMS Acres Subdivision, a subdivision located in
the SE 1/4 of the 8W 1/4 of Section 27; Township 80 North; Range
5 West of the 5th P.M. in Johnson County, Iowa (This is a l-lot,
3.0 acre, residential subdivision, located on the west side of Vincent
Avenue NE approximately 7/8 of a mile south of its intersection
with Elmira Road NE in Graham Twp.).
Application S9523 of Roger Reighard, signed by Tom Anthony of
Landmark Surveying & Engineering, requesting preliminary and
final plat approval of Virgiaia's Farmstead, a subdivision located in
the SE 1/4 of the SW 1/4 of Section 31; Township 80 North; Range
7 West of the 5th P.M. in Johnson County, Iowa (Th/s is a Mot,
12.233 acre, farmstead split, located on the north side of 340th
Street SW, approximately 1.0 mile west of the intersection of 340th
Street SW and Half Moon Avenue SW in Clear Creek Twp.).
Application 89524 of Arthur Oene Bender, signed by Dean Beranek
of MMS Consultants Inc., requesting preliminary and final plat
approval of Bender's Subdivision, a subdivision located in the NE
1/4 of the NE 1/4 of Section 8; Township 78 North; Range 8 West
of the 5th P.M in Johnson County, Iowa (This is a 2-lot, 3.47 acre,
residential subdivision, located on the north side of 480th Street 8W
in the northwest quadrant of 480th Street SW and Calkins Avenue
SW in Washington Twp.).
Application S9525 of James M. Wolfe requesting final plat
approval of Indian Lookout, Part Two, a subdivision located in the
SW 1/4 of the NW 1/4 of Section 3; Township 78 North; Range 6
West of the 5th P.M. in Johnson County, Iowa (This is a 5-lot,
16.99 acre, residential subdivision with one non buildable lot,
located on the east side of Ohk Crest Hill Road SE (formerly 923)
approximately .25 miles south of its intersection with Poweshiek
Street SW in Liberty Twp.). :d -
To: ~0~ C:TY CLER[( From 9oard of Supervisors 4-~.9-95 8:46aa p, 7 or ?
Agenda 4-20-95
Page 6
12.
Application S9526 of Nancy S. Scheetz requesting preliminary and
final plat approval of Scheetz Subdivision, a subdivision located in
the SE 1/4 of the SW 1/4 of Section 29; Township 80 North; Range
8 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot,
40.83 acre, residential subdivision, located on the north side of
Gegenheimer Road NW and Black Hawk Avenue NW in Oxford
Twp0.
7. Business from the County Attorney.
a) Report re: other items.
8. Business from the Board of Su@ervisors.
a)
b)
c)
d)
e)
t)
g)
Action aiathorizing County Engineer to purchase a 1995 Osh Kosh track
grader for $67,097.00 with trade in.
Action authorizing County Engineer to purchase a 1995 Freightliner
tandem axle track for $58,490.00 with trade in.
Action re: appointment to the computer study committee.
Motion authorizing Chairperson to sign FY 96 flexible benefits Blue
Cross/Blue Shield.
Discussion/action re:
April 23-29, 1995.
Discussion/action re:
Other
Proclamation for National Volunteer Week for
fireworks permits.
9. Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors.
c) Report from the County Attorney.
d) Other
10. Adjournment.
City of Iowa City
MEMORANDUM
Date: April 19, 1995
To: City Council
From: City Manager
Re: Water Project
As you are aware, we have had an ongoing discussion with University officials concerning their
water plant, its possible incorporation into our water project planning, and in general how we
might best design a water system to serve Iowa City. The University recently invested in their
water plant and in doing so attempted to establish their position to meet future regulations, other
than the disposal of water sludge, a water treatment byproduct. They have looked to the City as
we consider construction of a new water plan to possibly serve as a contractor to provide for such
sludge disposal.
While the issue has many different agenda, from financial to the issues associated with employee
relations, we have attempted to incorporate their needs into our project planning. Late last week
I spoke with Doug True, Vice President for Financial Services, and the University has reached
the "general conclusion" that it is not in their best economic interest to incorporate their water
plant into our project. The economics of the cost of production of water at their plant compared
to a new City-owned water plant are such that we cannot be considered a reasonable alternative.
The continued relationship with the University in the form of emergency backup and other means
by which to assure adequate water in the time of emergency will remain in place; however, the
University will be pursuing their overall water project planning independent of the City, other than
the issue of sludge disposal.
CC:
b~roJect
Don Yucuis
Chuck Schmadeke
Ed Moreno
To: I0~CIIY CLERK Froo: Roard of ~porviooro 4-24-95 8:32ao p. 2 of 3
Johns.n C=unty
Charles D. Duffy, Chairperson
Joe Bolk¢om
Stephen P. Lacina
Don Schr
Sally Slutsman
BOARD OF SUPERVISORS
April 25, 1995
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review of the informal minutes of April 18th recessed to April 20th and the
formal minutes of April 20th.
3. Discussion of the following Zoning application:
Application Z9501 of Kurt Gillette, Springville, Iowa, requesting
rezoning of 24.4 acres from A1 Rural to A3 Floodplain of certain
property described as being in the W 1/2 of the NE 1/4 of Section 11;
Township 81 North; Range 5 West of the 5th P.M. in Johnson County,
Iowa (This propert), is located north and west of the old Sutliff Bridge
and East of the relocated Sutliff Road NE (1;14)in Cedar Twp.).
4. Business from the County Auditor.
a) Discussion re: transferring from General Basic and Rural Services
Basic to Secondary Roads.
b) Discussion re: cash flow analysis for March.
c) Other
913 SOOTH DIJBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEl,: (319) 356-6000 FAX: (319) 35&6086[ 3~7
To: IO~ CITY CLERK From: Board of Superviaors 4-24-95 8:32aa p. 3 of 3
Agenda 4-25-95
Page 2
5. Business firore the Board of Supervisors.
a) Discussion re:
b) Discussion re:
c) Discussion re:
d) Reports
e) Other
computer study committee goals and objectives.
Assistant Zoning Administrator job description.
publication of Zoning applications.
6. Discussion from the public.
7. Recess.
City of Iowa City
MEMORANDUM
Date: April 13, 1995
To: Steve Atkins, City Manager
From: FIoyde Pelkey,~plid Waste Superintendent
Brad Neumanrf,/~CCOG Solid Waste Management Planner
Re: Wood waste separation program at the Iowa City Landfill
We would like to propose a wood waste separation program to be implemented at the Iowa City
Landfill beginning July 1, 1995. The program would allow clean loads of untreated wood waste
to be delivered to the landfill at a reduce tipping fee of $30/ton. The regular landfill tipping fee
is $48.50 for Iowa City residents and $53.50 for non-residents. Clean wood waste would be
processed with yard waste and kept out of the landfill.
Since the wood waste would not be landfilled, it is appropriate to remove the state surcharge fee
of $4,25/ton, the closure/post-closure fees of $5/ton and $10/ton, and the toxic waste cleanup fee
of $1.25/ton. We would also remove an additional $8/ton as an incentive to begin the program,
Further adjustments in the tipping fee might be needed as the program developed.
The program would accept only clean, untreated wood free of contaminants. Landfill personnel
would not sort each load, Each load of clean wood waste would be inspected, and if found to be
contaminated would be placed back in the delivery vehicle for landfilling.
Let us know if you would like this added to the list of landfill policies we are preparing for you.
Contact either of us if you have any questions.
cc: Jeff Davidson
Chuck Schmadeke
City of Iowa City
MEMORANDUM
Date: April 19, 1995
To: Stephen Arkins, City Manager
From: Don Yucuis, Finance Director
Re: State of Iowa Landfill Surcharge Fee
The City of Iowa City landfill is required by the State of Iowa to charge $4.25 per ton fee for all
waste that is brought to the landfill. During the 1994 legislative session, an amendment to the
State of Iowa Code was included which required that each comprehensive planning area submit
to the Depadment of Natural Resources a solid waste abatement table for determining the
planning area's status on attaining the July 1, 1994, 25% waste reduction recycling goal.
Based on the DNR review, the East Central Iowa Council of Governments comprehensive
planning area (the City of Iowa City is in this area) has reduced the waste stream that was
being disposed in the 1988 base year by 27%.
Per state law, if a planning area has met or exceeded the 25% goal, as determined by the
DNR, the planning area, starting July 1, 1995, can subtract $.25 from the currently imposed
$4.25 state tonnage fee.
The current $4.25 state tonnage fee generates approximately $344,846. The City currently
retains $,95 of the $4.25 state tonnage fee. $.25 of the tonnage fee generates approximately
$20,000 of revenue each year. Below are several suggested options on what to do with the
$.25 fee.
1. Reduce the total per ton rate by $.25 (to $48.25 and $53.25).
2. Keep the $.25 fee in place and direct the revenue to reserves.
3. Keep the $.25 fee and direct the revenue to toxic cleanup.
Below is the breakdown of the current per ton fee and where the revenue is allocated:
Tipping fee $38.00
State surcharge fee 4.25
Toxic cleanup tipping fee 1.25
Closure/postclosure tipping fee5.00
Total $48.50*
*Non-resident tipping fee is an additional $5.00 (for closure/postclosure) or $53.50/ton
bC2-3DY
CC: Chuck 5chmadeke
Floyde Pelkey
Brad Neumann
Remarks by James Howard Kunstler
It is easier to understand why Walt Disney's Magic
Kingdom is such a big hit in America after visiting the newest
incarnation of it outside Paris, where the enterprise is a
gigantic flop -- $1 billion (with a "B" as in "bomb"), $1
billion in losses the first two years of operation. Americans
love Disneyworld back home because the everyday places
where we live and go about our business are so dismal that
Disneyworld seems splendid in comparison.
I visited Euro-Disney back in September. Only one other
human entered the place with me at the opening bell -- an
Israeli college kid. We went through a massive set of ticket
gates that looked like something designed to move cattle
through the Denver stockyards. Ragtime music blared
relentlessly out of hidden speakers. Somehow Chopin seemed
more appropriate. Maybe because it was 50 degrees and
drizzling, as usual in the part of the world. Anyway, this
college kid and I rattled around Main Street USA like a
couple of BBs in an empty packing crate. Of course, an
important part of the program is that they hold you prisoner
2
on Main Street between 8:30 and 9:00, when the rest of the
place opens. And you could hardly find a cup of coffee there
at quarter to nine in the morning -- which shows how well the
Imagineers understand French culture.
The public realm became so atrocious_ in postwar
America that the Disney Corporation was able to create an
artificial substitute for it and successfully sell it as a
commodity. That's what Disneyworld is really about. The
design quality of Disneyworld in Orlando is about 1.5 notches
better than the average American suburban shopping mall or
housing subdivision -- so Americans love it. In France, where
the public realm possesses a pretty high standard of design
and is also well-maintained, there's no need for artificial
substitutes, so nobody goes to EuroDisney.
The design quality of everything at EuroDisney is about
five notches below that of the most mediocre French
streetcomer. The quality of the park benches and streetlamps
in EuroDisney is recognizably infbrior to the park benches and
streetlamps in ordinary French towns. Even the flower beds at
Euro-Disney lack finesse. They look like berms designed for
the parking lots of a Pratt & Whitney bomber factory; the
Luxembourg Garden in "downtown" Pro'is is much better.
There are more interesting things to eat in the average Parisian
corner grocery store than in all the magic kingdoms of Marne
La Vallee, where all you can get is the chien de fromage.
Altogether, EuroDisney was a curiously upliftting experience
for a man of my predilections. You could see this enormous
investment going up in a vapor -- it was very gratifying.
Around the same time last fall, the Disney Corporation
backed out of its plan to build its End-of-History theme park
among the civil war battlefields of northern Virginia. We are
fortunate that they pulled the plug on this project, for
whatever reasons, but I doubt that Michael Eisner understood
the public uproar against it. I think what actually happened
was this: Americans are beginning to realize that nobody
appointed the Disney Corporation as the custodian of our
national culture. Disney appointed themselves. And suddenly,
citizens are waking up and saying, "No, this does not belong
to you. American history does not belong to you. It belongs
to everybody, and we won't allow you to turn it into another
hunk of Velveeta!"
Well, bless his soul, old Walt is gone now -- he took his
final rocket ride into Tomorrowland some 28 years ago, and
the Imagineers have had to carry on without him.
4
Walt Disney had America's number. Walt Disney was so
optimistic about the way things were going in postwar
America that his attitudes about the past and the future were
equally sentimental. It was possible for him to believe that an
organization like his own, operating freely in a free country,
could only bring wonderful benefits to a free people. So, the
underlying message of Disney's Main Street USA was that a
big corporation could make a better Main Street than a bunch
of rubes in a real small town. And Walt was right!
Through the postwar decades, Americans happily allowed
their towns to be dismantled and destroyed. They'd flock to
Disneyland and walk down Main Street and think, golly-gee, it
feels good here. Then they'd go back home and tear down
half the old buildings downtown, so they could have more
parking lots, and they'd throw a parade to celebrate the new
K-Mart opening ~- even when it put ten local merchants out of
business -- and they'd turn Elm Street into a six-lane
expressway, and outlaw corner grocery stores in the residential
neighborhoods because they caused "traffic problems," and
they'd build all the new schools three miles out of town so the
kids couldn't walk or bike there -- they'd do every fool thing
possible to destroy good existing relationships between things
in their towns, and put their local economies at the mercy of
distant corporations whose officers didn't care whether these
5
towns lived or died. And then, when vacation time rolled
around, they'd flock back to Disney World to feel good about
America.
I wrote a book called The Geography of Nowhere, about
the mess we have made out of our everyday environment here
in America. The public discussion of this issue has been
nearly non-existent. We apparently don't understand, for
instance, that there's a connection between our economic
predicament and the physical arrangement of life in this
country. :"~ ',,%
I believe when you scratch just below the surface,
Americans sense that something is wrong with the places
where we live and work and go about our daily business. We
hear this unhappiness expressed in phrases like"no sense of
place" or "the loss of community."
We drive up and down the gruesome tragic suburban
boulevards of commerce, and we wince at the fantastic,
awesome, overwhelming, stupefying ugliness of absolutely
everything in sight -~ the fry pits, the Big Box stores, the
office units, the lube joints, the carpet warehouses, the parking
lagoons, the jive-plastic townhouse clusters, the uproar of
signs, the highway itself clogged with cars -- as though the
whole thing had been designed by some diabolical force bent
on making human beings miserable. And naturally, this
experience can make you feel kind of glum about the nature
and future of our civilization.
Some -- though certainly not all ~- of these terrible things
were designed by architects -- I know, it's hard to believe they
were designed that way on purpose -- and many of the other
common features of our everyday environment were designed
by their brethren in related fields like landscape architecture
and traffic engineering, and the whole system is administered
by creatures called planners. What's out there is not out there
by accident. We created Nowhere by a definite set of rules,
and if we're going to fix this mess, and take ourselves from
nowhere to someplace, we'll have to reexamine and change
these rules.
So, we drive around and look at all this cartoon
architecture and other junk that we've smeared all over the
landscape, and we register it as "ugliness." I believe what we
call ugliness is the surface expression of deeper problems,
problems that go to the issue of our national character. The
highway strip is not just a sequence of eyesores. The pattern
it represents is also economically catastrophic, environmentally
calamitous, socially devastating, and spiritually degrading.
And all this is what we sense when we look at it and go
"YUK."
We built a nation of scary places and became a nation of
scary people.
In our manner of building since the end of World War
Two, we have managed to fill our land with things that are
unworthy of our affection, and these add up to thousands of
places that are not worth caring about.
In the process of filling our landscape with these loveless
and unlovable structures, we have thrown our civic life into
the garbage can. And as a final consequence of the all this,
we are putting ourselves out of business as a civilization.
Americans historically have a low regard for the public
realm, and this is a very unfortunate thing, because the public
realm is the physical manifestation of the common good, and
when you degrade the public realm, as we have, then you
degrade the common good.
Language is the shared equipment of the public realm.
And when you degrade this equipment, as we have in our
count~, then you impair the ability of a group of people
incorporated as a republic to think about the common good.
This failure, in turn, leads to the failure of our ability to act.
And this leads to the final and catastrophic failure of our will
to be civilized.
An illustration: toward the end of his second term,
President Ronald Reagan was asked by the press if he actually
believed in the doctrines of evangelical Christianity, including
the notion that the end of the world was at hand, and he said,
"Yes, I.do," Can anyone tell me what Mr. Reagan was_doi_____~g~
issuing 30-year treasury notes?; How can a nation d-bbate its
future when the leader' of that nation says in so many words
that he doesn't believe in the future?
Civic life is an interesting antique phrase. Civic life is
the part of our existence that takes place in the public realm,
our interaction with other people, in short, our roles as
citizens. Note the difference between the word citizen and the
word consumer. At some point in recent history we stopped
being citizens and became consumers. This is what we are in
the language of the evening news, on the sunday panel
discussions, in the blizzard of statistics that blow out of the
U.S. department of Commerce. Consumers. Consumers,
unlike citizens have no implicit responsibilities, obligations, or
duties to anything larger than their own needs and desires --
certainly not to anything like the common good. Isn't this the
essence of an infantile state of existence. In degrading the
9
language of our public discourse this way -- labeling ourselves
as consumers -- have we not degraded our sense of who we
are? And is it any wonder that we can't solve our social
problems?
Civic life brings to mind another antiquated term: civic
art. Not statues in the park. Not murals on the sides of
decaying tenements. But the effort we make to honor and
embellish the public realm with architecture and design, in
order to make civic life possible. '-/-/~tC~.'3 ~:'lhc~:t~ '~'; ' '
The everyday world of our nation today is largely devoid
of civic art. Our notion of civic art is half-hearted, half-assed,
and pathetic compared to the civic art even of nations much
poorer than we are -- even to our own nation a century ago,
when we were not so rich. Today, our towns are little more
than automobile storage depots that only incidently contain
other things. We honor and respect the highway and the
parking lot, and that's where it begins and ends for us.
Yet, it matters that the Junior High School looks like an
insecticide factory, and that city hall looks like a wholesale
beverage distribution center, and that the town library could be
a bottling plant, because they dishonor the public realm as
they dishonor their institutional roles in our lives, and in their
design they make civic life impossible.
10
It matters that our commonest rules and methods of
building are wholly at odds with our notions of what makes
places worth caring about.
The living arrangement that Americans now think of as
"normal" -- suburbia, Edge City -- is bank~tpting us
personally and at every level of government. This is the true
meaning of the word "deficit" which has rung so hollowly in
our ears the past decade.
In all the other industrial nations in the world motorists
pay more than three dollars a gallon for gasoline. In Italy it
costs nearly five dollars a gallon, and if you drive from Rome
to Milan, it will cost you nearly fifty dollars in highway tolls -
- compared to the five bucks we pay for an equivalent drive
from Rochester to New York City on the New York State
Thruway. These nations tax gasoline heavily because they
recognize that driving is very costly to their societies.
The U.S. Treasury subsidizes the way we use our cars by
90 percent of the total cost. We don't want to pay the true
cost for using cars the way we do. Only there is no money in
the US Treasury to pick up that 90 percent of the tab. It is just
another chunk of our national debt. And nature has a way of
settling the accounts of a people who don't want to pay their
debts: it lowers the standard of living, and that's what is going
on right now. People are holding their lives together out there
O
with baling wire and duct tape, commuting fifty miles a day m
1 l~year-old cars to sell hamburgers at four-fifty-an-hour, and
they know that they are whirling around the drain.
Part of the tragedy of our economic predicament is that
we encoded the rules for building suburban sprawl so deeply
in our laws that it is virtually against the law today to build
the kind of places that human beings can feel good in, or can
afford to live in. All you can build in upstate New York,
where I live, if you follow the laws, is another version of
Hackensack, New Jersey.
Let's say that your idea of a nice downtown business
district is Main Street. Well, Main Street is illegal in most of
America today. You can't build it even if you want to. You
can't even add to it or extend it where it already exists. The
codes won't let you. You can't build Elm street either -. the
treeqined street with the wood frame houses with front
porches. By the way, the reason Main Street and Elm Street
are such a potent images is because they worked so well.
These models of development produced a human abetats that
h '
people deeply loved.
In my town, Saratoga Springs, New York, a fine, classic
Main Street American town -~ which is now undergoing a
12
kind of suburban coup de etat -- we recently built an ice rink
for kids three miles out of town, on a commercial highway
strip where the cars move at 50-mph. No child will get there
on her own. The family chauffeur -- mom -o will have to take
her there. We had an ice rink downtown until last year. You
know what trouble was? Not enough parking. There was no
place for all those ten-year-old skaters to park their Porsches,
right?
Last year we built a school two miles out of town in the
other direction on a busy state highway. The kids are
explicitly forbidden by the school rules to walk or ride their
bikes there. They take the bus. And what's a school bus fleet,
by the way? A mass transit system that operates only twice a
day and then only for people under eighteen, and costs
millions in public funds to buy and maintain. And every little
town and hamlet must have its own school bus fleet all over
this country. So there's another huge and unnecessary cost
pounding us into national insolvency.
These schoolchildren might as well be flushed through a
pipe to school in the morning and flushed back home at three
o'clock in the afternoon. These kids will not filter home
through town. They will not stop at the donut shop. They
will not even see nmrnal-acting adults going about their
normal business (and we wonder why teenagers behave so
13
strangely). They will not be a part of the civic life of the
town. This impoverishes their lives. It stunts their developing
sense of personal sovereignty, while it impoverishes the lives
of adults, and of the town in general, in not having them
around.
Our approach to affordable housing has been brain-dead.
We zoned it out. Zoning, remember, was instituted in the
early part of this century as a way to protect residental
neighborhoods from obnoxious industrial activities. Glue
factories. Steel plants. That was a reasonable response to the
social experiment that we call industrialism. After World War
Two, though, we carried this zoning idea to an absurd
extreme: we declared that._hencefort_h.tshopping was also an
obnoxious activity and that people shouldn't be allowed to live
anywhere near it. That's why every strip mall in America is
one-story high. We decided that it was inhumane to allow
people to live over restaurants, jewelry stores, insurance
offices, and antique shops. This, by the way, eliminated a
form of affordable market housing that exists absolutely
everywhere else in the world, and has existed for 5,000 years.
Most neighborhoods around America today -. including
suburban subdivisions ~nd Elm Street ~- have zoned out
accessory apartments, because it's assumed that they will
attract "undesirables." Who are these undesirables? People
who are not in the market for a single-family house -- the 26.
yearmold unmarried schoolteacher who teaches your kids, your
next-door-neighbor's grandmother. These are the kind of
"undesirables" we are protecting ourselves from. We could
solve a large part of the affordable housing problem overnight
in this country at the stroke of a pen and at no public cost if
we allowed homeowners to have apartments on their property.
Want to make it slumproof?. Stipulate that it must be owner.
occupied.
Geographic mobility and social mobility have become so
hopelessly confused in our minds that driving a car has
mutated from a civil liberty into a requirement for full
citizenship.
As a consequence, we are now creating two distinct
classes of citizens in this country: those who can afford cars,
and thus use their environment, and those who can't. We've
already made children and the elderly into second-class
citizens. They can't use their world.
Gas may still be cheap in America today. But guess what: all
of a sudden a lot of people who used to think they were
middle class can't afford the hardware -- the cars -~ to run that
15
cheap gas in. Anyone been in a car showroom lately?The
price of an average car is now over $20,000, not including
finance charges, and they're not giving out 12-year-installment
loans -- you don't take out a mortgage on a car. The equity's
not there. So, transportation more and more will be a problem
for able-bodied American adults in the prime of life who canPt
afford to buy the cars to run the cheap gas in.
When enough formerly middlesclass people like this are
disadvantaged by the enormous cost of driving, then watch
out. This will spark very serious political mischief. You will
see characters emerge from the woodwork who will make
Ross Perot and Pat Buchanan look like Mother Theresa and
St. Francis of Assissi.
We've had an election lately and the Republican party is
now in charge of many things. ~I,?p~pen to be a registered
Democrat, but I don't think ~-s' ¢i~}~-on was such a bad thing.
The Democrat party has performed so miserably, it has
discredited itself so thoroughly, that it deserved the thrashing
it got. The Democratic party has now been banished to the
wilderness where, one hopes, it will extract its head fi'om its
butt. Either that, or it will go the way of the Whigs, or the
16
Federalists -- and history shows that political parties d._qo die of
exhaustion in America.
Anyway, it is now be up to the Republican party to begin
really addressing our social problems. Unfortunately,
paradoxically, the prefered living arrangement of Republicans
is suburbia. Suburbia is where Republicans spawn and thrive.
I don't see any evidence that they understand there is a
connection between the crisis of~tCamily values//and the social
problems that suburbia causes. Because suburbia is
profoundly unDcivic and un-civil.
Republican morns and dads wonder why their fifteen year
old children are, so alienated, why they get i.n trouble, why
.~ . .., &/:~ cCe~ ,,. .. :~,~.~ _.
rney aaopr me trappings or tuner c~ty g~g-Barlgers. These
teenagers have no access to the civic equipment of their
towns. They have to be chauffered absolutely everywhere --
to football practice, to piano lessons, to their friends' houses,
and, of course, to the mall, where the movies are -~ and all
they live for is the day that they can obtain a driver's license
and use their environment. Then, of course, another slight
problem arises: they need five thousand dollars to buy a used
car and pay for insurance. Is it really any wonder that these
kids view their situation as some kind of swindle? And that
they act out their alienation.
17
Let's stop kidding ourselves that suburbia is great for
kids. .-b-/v~ greatqor kkts- above the age of seven. Kids
older than seven need more from their environment than a safe
place to ride their bikes. They need at least the same things
we adults need. Dignified places to hang out. Shops. Eating
establishments. Libraries, museums, and theaters. A public
realm worthy of respect. All of which they need access to on
their own, without our assistance -- which only keeps them in
an infantile state of dependency. In suburbia, as things
presently stand, all they have access to is television. That's
their public realm. It's a wonder that more American children
are not completely psychotic.
I challange both the Republicans and the Democrats to
understand how the physical arrangement of life in this
country is at the root of so many of our problems, and to do
whatever they can to promote real communities, mixed use,
mixed income neighborhoods and towns. And especially at
the local level of planning boards and town councils --
because it is at this level you can begin immediately to plan
for people, not just for cars. You can throw out your terrible
zoning laws and replace them with real town planning and
civic art. You don't have to wait for Newt Gingrich. Just get
in there and see the mess you're making with your own laws
and change them.
18
We have a railroad system in this country that the
Bulgarians would be ashamed of. Our urban transit is a sick
joke· Our attitude in many places is that public transit is for
losers, and it shows. We might as well put signs on the buses
that say "Losers Enter Here." We need public transit that
people will be proud to ride, thrilled to ride - which is
certainly the case with new systems like the one in
Washington D.C.
Meanwhile, anybody who th~nks that we are goin~ tD be
using cars in the future the way we're accustomed to using
them now really ought to have his head examined. The
economy of the future will not be based on everybody
endlessly and mindlessly driving around eating cheez doodles,
buying Pearl Jam posters·
Our social problems are not going to be solved by the
highly touted 600-mile-per-gallon hyper-vehicle, or by electric
cars· In fact, these technological fixes will only make the
social problems of suburbia worse· So will the multi-zillion
dollar boondoggie called the "Smart Highway," the
computerized road, in which the US Department of
Transportation is investing heavily, and which will not work
even as a techno-fix.
And despite what you hear about the electronic highway,
and communications technology, we are going to need, more
than ever, coherent towns, and this implies that we are going
to need a new blueprint for living.
We are fortunate that there is a movement gathering all
over America to create communities that are worthy of our
affection. It goes under the name of the New Urbanism. The
New Urbanism declares that physical form matters, that the
obstacles of bad codes, bad buildings, bad planning, and bad
thinking -- or no thinking at all -- can be overcome. The New
Urbanism declares that the public realm matters, and that we
must honor it and embellish it to make civic life possible.
The form that the New Urbanists envision is at once
deeply familiar and revolutionary: the mixed-use, pedestrian
and bicycle-friendly neighborhood in increments of villages,
towns, and cities. It is familiar because it is the way America
built itself through most of our history, really until the end of
World War Two. It is a physical form that complies exactly
with many American's most cherished fantasies about the
nation at its best. And yet the New Urbanism is revolutionary
because it starkly contradicts the world of suburban sprawl
that has become the real setting for our national life, and the
source of so many of our woes.
This movement is one of the most hopeful developments
on the national scene. I share its belief that if we can repair
the physical fabric of our everyday world many of the
damaged and abandoned institutions of our civic life may
follow into restoration. If nothing else, I think we stand to
regain places to live and work that are worthy of our
affection.
2O
Human settlements are like living organisms. They must
grow,~,~l}ey will change. But we can decide on the nature of
that growth, particularly on the quality and the character of it,
and where it ought to go. We don't have to scatter the contents
of our civic life all over the countryside, impoverishing our
towns and ruining farmland. We can put the shopping and the
offices and the movie theaters and the library all within
walking distance of each other. And we can live within
walking distance of all these things. We can build our schools
close to where the children live, and the school buildings don't
have to look like insecticide factories. We can insist that
commercial buildings be more than one-story high, and allow
people to live in decent apartments over the stores. We can
build Main Street and Elm Street and still park our cars.
~---Over the past quarter-century many public interest groups
sprung up to defend the vanishing American landscape. Land
trusts. Environmental organizations. These groups are
composed of some of the best-intentioned citizens in our
21
country. And yet something crucial has been missing. None
our efforts to save the rural landscape, or the working farms,
or the wild places and the wild things that live there will
succeed if we do not also actively involve ourselves with
temakirig the human habitat.
America was never crazy about city life. Our idea of
settlement meant pioneering the wilderness. Everything about
the rise of cities in America was a kind of industrial
nightmare, and everything about that nightmare only made
Americans yearn more dreamily for its supposed antidote: a
homestead in the natural landscape, the little cabin in the
woods, which has mutated into the mature auto suburb of our
time in all its ghastliness.
That this auto suburb is doomed as any sort of plausible
habitat should not be doubted. Its laughably flimsy
components were meant to be thrown away. Its very
formlessness promotes its disposability. It was 1~ the
negation of everything that makes places worth caring about.
And we shall run shrieking from it into a better world.
Whether we like it or not, the future will require us to re-
condense the life our nation into coherent neighborhoods,
coherent towns, and livable cities. The future will require us to
do things differently, or the future will belong to other people
in other societies.
22
Anyone who's depressed by what I've said can take
comfort in this thought: Remember the old Soviet Union?
Well, one bright morning in June of 1991, an astounding n,,~ge7 -
majority of bureaucrats in the Soviet Government -- people
with the deepest conceivable personal stake in the status quo
-- all woke up and got the same idea. It was like fifty million
light bulbs going on at once. And the idea was this: Our
economic system sucks, and we're going to get rid of it. And
they did. They accomplished this without fax machines,
without computer networks, without a free press, without the
right of public assembly, without even a reliable telephone
system. Imagine that! That's what:t call a paradigm shift.
Something similar is going to happen here. One fine June
moming in 1997, all the city planners, and zonine board
'?,-/.~, ... ~.. $t.~ t0~,t/,x L.~ ,~tl~/.~-,.~.¥~.~
members, and architects,.,. and even the lowly traffib engineers,
are going to wake up and say suburban sprawl sucks and
we're not going. to build any,more of it. And from that day
forward we "~.~ ecome again what we once were: a land full
of places worth caring about in a nation worth defending.
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