HomeMy WebLinkAbout1995-08-29 Info PacketCity of Iowa City
MEMORANDUM
Date:
August 18, 1995
To: City Manager
From: City Manager
Re: Material and Information Packet
Memorandum from Council member Larry Baker regarding economic development policy
Memorandum from Council member Naomi Novick regarding economic developm,','nt policies
Memoranda from Council member Jim Throgmorton:
a. Economic development policy
b. Affordable housing
Memorandum from Mayor Susan Horowitz regarding Juvenile Crime Prevention Pol. i~
Committee Board ' 07
Memorandum from the City Manager regarding Iowa Avenue sidewalk project
Memorandum from the City Attorney regarding partial litigation update
Memorandum from the City Clerk regarding August and September meeting schedule
Memorandum from the Neighborhood Services Coordinator and Traffic Engineer regarding
residential stop sign program - response to City Council comments
Letter from the Council on Disability Rigllts and Education Public Accommodations Committee
regarding sidewalk cafes
Copy of a memorandum from the City Attorney to the Animal Control Supervisor regarding
referral to the Animal Control Advisory Committee ~
Copy of a memorandum from Director of Parks and Recreation to the City Manager regardi~(~
the Neuzil and Jensen properties
Copy of a memorandum from Transit Manager to the City Manager regarding the east side
oop route
Copy of a memorandum from the City Engineer to the City Manager regarding the VA H osPc~4¥ ~
sidewalk
Copy of a flyer regarding "Kiss the Animals Good-Bye," a documentary film C~ l '~
bl%p~cket
August 18, 1995
Information Packet
page 2
Memo from City Mgr. regarding Cryptosporidium - update.
Copy of letter from City Atty. re Confirmation of retaining outside counsel; Jeagsr
v. City & Ed McMartin.
Copy of letter from Parking & Transit Dir. to Cathy Johnson regarding parking ticket
policy.
Copy of information from City Vote regarding City Vote Progress Report.
Agenda for meeting with Mayors/County regarding Landfill Issues - 8/21/95.
Copy of letter from Attorney General's office to Secretary of State regarding authority ~.~_
to hold elections on matters that are not required by law.
8/15/95
To:
From:
Re:
City Council
Larry Baker
Economic Development Policy
As a general guideline, I tend to evaluate a policy statement in
terms of: 1) is it a reasonable, legitimate role for city
government; and 2) is it a goal that our resources and staff can be
reasonably expected to achieve?
Thus, I have reservations about Policy 1, Strategy B, Action 2:
(Through community education efforts, increase public awareness of
the role of business in the community and the importance of a
strong economy); and Policy 2, Strategy B, Action 4: (Work with the
local educational institutions to develop curricula at all
educational levels that encourages creative and innovative thinking
to prepare workers for the ever-changing work place). Thus, I
suggest the elimination of these two items.
I realize that these two specific items might be seen as closely
related to others (e.g. P-2,S-B,A-2), but these two in particular
seem to border on philosophical intrusion into the domain of other
institutions. (That "philosophical intrusion" is a phrase I will be
seeking to clarify later. I think I know what it means, but I also
think there is probably a clearer way to express it. I'll keep
trying.)
In addition, Policy 2, Strategy A, Action 3 seems unrealistic and
unnecessary. If we mean that we intend to help the "underemployed"
search for work, it seems to imply that this group of educated
and/or over-qualified individuals can't figure out how to do that
on their own. I would suggest that this group has few problems
knowing how and where to look. The real problem is the lack of such
work. Thus, the real goal is not the creation of a job
clearinghouse for such workers, but rather the creation of jobs for
those workers. The creation of such jobs is one of the implicit
goals of the entire document. Of course, I might be misinterpreting
Action 3 as written, and I will be comfortable with its inclusion
if it means something other than I have indicated.
Thanks for your consideratioh. I look forward to our discussion.
LB
City of Iowa City
MEMORANDUM
Date: August 18, 1995
To: City Council
From: Naomi Novick
Re: Economic Development Policies
Does this document need a preamble, introduction, or such? For example:
Iowa City is a community whose main sources of employment are education and
health care. There are opportunities in business, industry, tourism, etc. However,
these opportunities may be fewer than optimal in a city with a well-educated and/or
experienced labor fome. Since empty commercial buildings seeking new
occupants are practically non-existent, providing new opportunities for employment
will require new construction and possibly extending the City boundaries. Our
policy will be to encourage job growth in areas already zoned for commemial,
industrial, or office research park. Other policies will encourage protection of our
environment, provision of housing, cooperation among community organizations,
and preservation of a vital downtown. These Economic Development Policies may
include financial incentives if funds are available and if the business meets our
criteria (to be established in 1996).
bCS-INN
ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS
FOR THE CITY OF IOWA CITY
POLICY 1:
DIVERSIFY AND INCRF~ASE THE PROPERTY TAX BASE BY (1) ENCOURAGING THE
RETENTION AND EXPANSION OF EXISTING INDUSTRY AND (2) ATTRACTING INDUSTRIES
THAT HAVE GROWTH POTENTIAL AND ARE COMPATIBLE WITH EXISTING BUSINESSES
AND INDUSTRIES.
Strategy A: Identify industry groups that are compatible with the community and toward
which the community should target its economic development efforts.
Action 1:
Identify specific local businesses that fall within these targeted industry
groups and adopt community policies that encourage capital investment
and growth in these industries.
Action 2:
Identify businesses within these targeted industry groups that are not
already in the community but that would complement local businesses
and establish a marketing plan to recruit them.
Action 3:
Further develop a data base of economic and demographic information
and perform various economic analyses to assist businesses,
Strategy B: To the fullest extent practical promote awareness of the city's economic
development policies through public forums.
Action 1: Maintain a clear and consistent economic development policy.
Action 2:
?
Action 3:
Through community education efforts, increase public awareness of the
role of business in the community and the importance of a strong
economy.
Coordinate a community effort to promote the attractiveness and
positive aspects of doing business in Iowa City.
.i
POLICY 2:
INCREASE EMPLOYMENT OPPORTUNITIES CONSISTENT WITH THE AVAILABLE LABOR
FORCE
Strategy A: Identify local labor force skills and the types of jobs compatible with the local
labor force.
Action 1:
Work with the local Work Force Center (Job Service) to identify the local
education and training background of the local labor force.
.- Action 2:
"Action 3:
Work with local employers to determine their labor needs and the means
by which these can be met.
Develop a mechanism that would assist underemployed individuals find
more appropriate job opportunities within the community,
Action 4:
Continue to gather information about employment abilities and needs of
the local labor force with special needs {persons with disabilities,
welfare recipients, and other low-income individuals), provide the
necessary supportive programs and services that assist these individuals
and target employment opportunities for these persons.
Strategy B:
Identify the work force skills required by the targeted industries and identify the
education and training needs of the local work force to meet the required job
skills,
Action 1:
Interview businesses within the target industry groups to determine their
work force education and training requirements.
Action 2:
Action 3:
Work with Kirkwood Community College and the University of Iowa to
provide the appropriate education and training necessary for w,ork for. ce
skills ofthetargeted industries. _-"~.-~c~.~ $~,'-i;,~r','$,:?~ '~
[ ' o
The local community school systems (K-12) should work closely with
business to determine the skills and knowledge needed to perform in
today's work place,
Action 4:
Work with the local educational institutions to develop curricula at all
educational levels that encourages creative and innovative thinking to
prepare workers for the ever-changing work place.
4
Action 5:
Action 6:
Strategy D:
Action 1:
Action 2:
Continue to monitor the spatial arrangement and design of downtown
development to minimize conflicts between pedestrians and vehicles and
to add to the attractive appearan.ce of downtown.
Continue to provide and promote the necessary public infrastructure,
including parking~nd.publio apaoes, in order to maintain the econom, ic
· -----.._._..~
health of the downtown.
tc.~.,4~..'r"2~- -~-F.- ~":-~-',
Provide opportunities for the Iowa CiW work force to live close to their place
of employment.
Through the use of land use regulations, provide the opportunity for a
variety of housing types to locate near commercialand industrial areas,
When necessary, provide financial and other incentives for the provision
of low and/or'moderate 'income housing in close proximity to employ-
ment opportunities,
5
POLICY 4:
CONTINUE TO COOPERATE WITH EXISTING LOCAL AND REGIONAL ORGANIZATIONS TO
PROIV1OTE ECONOMIC DEVELOPMENT WITHIN IOWA CITY
Strategy A: Continue to use the Iowa City Area Development Group as the lead economic
development agency for the economic development activity of the area.
Action 1:
Individual marketing plans for targeted industry groups should be devel-
oped for the area.
Action 2:
Focus economic development marketing efforts on promoting the
attractiveness of Iowa City to facilitate expansion of existing business-
es, maintaining the mix of high-tech and production line jobs, and
encourage new businesses within the targeted industry groups to locate
in Iowa City.
Action 3:
Continue to support ICAD's efforts to coordinate a regional eastern Iowa
economic development effort.
Strategy B: Continue to coordinate economic development efforts with the University of
Iowa.
Action 1:
Work with the University of Iowa to enhance and establish avenues for
technology transfer and to develop mutually beneficial programs for
encouraging economic development
Action 2:
Through a joint working group, coordinate the growth and development
policies of the City and the University.
Strategy C: Develop new and enhance existing means of communication between and
amongst ~¢tr~-r~s, business~ ~nd educational institutions.~ .' :-' ;,,L
Action 1: Continue to work with the business community through the activities of -
the Iowa City Area Chamber of Commerce.
Action 2:
Continue to encourage tourist and visitors to the area through the
activities of the Convention and Visitors Bureau.
Action 3:
Encourage the sharing of knowledge among industries through industry
networks and consortia, and between industries and the University of
Iowa and Kirkwood Community College.
Action 4:
Action 5:
Encourage the creation of a business development clearinghouse and
network that would assist individuals pursuing entrepreneurial opportuni-
ties.
Explore newffeehrmle~ to facilitate communication.-betweem,the-,-
~abeve. organizations~,. ,,,,..~ ~ . .,.
/
:~,.,'.-~ ; ~)./ .-
7
POLICY 6:
CONSIDER FINANCIAL INCENTIVES AND PROGRAMS TO FACILITATE ACHIEVING THE
ABOVE OBJECTIVES
Strategy A: Focus incentives on infrastructure development, worker training and retraining,
and an efficient and equitable development review process.
Action 1:
Invest in infrastructure that will encourage business investments that
create jobs for. a diverse workforce at a livable wage.
Action 2:
Assist local businesses to draw upon state programs, community college
programs, and other technical and financial assistance programs that
facilitate industry modernization and worker training and retraining.
Action 3:
Regularly review, with assistance from the community, the local
development review process and make changes to the process that
encourage business activity and reinvestment within the community.
Strategy B:
Action 1:
Action 2:
Develop criteria and an analysis mechanism to use whenever considering the
use of financial incentives for economic development projects.
Using the Community Economic Betterment/~;:c;unt (CEBA) program
criteria as a base, develop, through a i~eti~rocess, criteria to be used
when the City considers granting or participating in the granting of any
financial incentives for economic development.
2.,.~.: ~ /, ~,, ':.~ i .~ .,i,..'~:'-~l,/.,,~b'.. " ~'/'' ' " '
J3efore action' is taken on any ecohomic development matters being
considered by the City Council, its Commissions, Boards, or Commit-
tees, the potential impact upon the social service needs of the people in
this community will be considered.
Action 3:
Identify the needs of low and moderate income households and target
the use of Community Development Block Grant funds toward economic
. development projects that would assist them.
Strategy C: Local financial markets should meetthe needs of local commercial and industrial
ventures.
Action 1:
With the assistanqe of the local financial institutions, identify shortfalls
in the local financ)al market that inhibit investment in commercial and
industrial enterprises.
Action 2:
Identify the financial needs of minority and women-owned businesses
and establish a program to assist with those needs,
Action 3:
Continually monitor local financial institutions' compliance with the
Community Reinvestn3ent Act.
ecodev~po~ides.ed2
Date: Augt~st 17, 1995
To: Cify Council
From: Jim Throgmorton
Re: Economic Development Policy
On August 14, I proposed a set bf amendments to the draft economic
development policy. Yesterday, ! talked at length with Naomi and agreed that
I would read her proposed language and see if some compromise language
could be generated. This memo restates my original proposals, presents
Naomi's as I understand them, and suggests points of agreement and
disagreement.
I believe that our economic development policy should be to provide a good
quality of life for all Iowa Citians in' an ecologically sustainable way (or, as
Derek Maurer puts it, "maintain a resilient local economy that can withstand
the inevitable, and potentially catastrophic, downturns of national and supra-
national economies"), and that the policy should be involve the open and
democratic participation of individuals drawn from a diverse array of local
organizations. Accordingly, I (based largely on conversations with Bruno as
well as careful review of the comments submitted to us) suggest the following
8 amendments:
Policy 1 needs a Strategy C: Establish a "social compact" with investors
who receive public subsidies. The compact would include two actions: (1)
. include a clawback provision to insure that firms which do not live up to
their promises are required to reimburse public subsidies; and (2) include a
requirement that firms receiving public subsicty pay a "living social wage"
to their employees. Consulting with appropriate organizations, staff
should define a "living social wage" for Iowa City-area employees.
I understand that Naomi wants to avoid references to a living social
wage. She supports the idea of having a clawback provision but prefers
to call it "repayment" and to have such repayments addressed in Policy
6. I have no problem with using the phrase "repayment".or with
moving this Strategy to Policy 6. However, I continue to believe that
we should require the a "living social wage" provision (see Policy 6
below).
Policy 2, Action 4 should be revised to add "to include education in
worker's rights, labor law, and workplace safety" at the end.
My recollection is that Naomi sees no reason to modiJ~j Action 4 as
originally drafted. I disagree. If we are going to work with educational
institutions to develop curricula that prepare workers for the work
place, then we should include workers rights, etc., in that effort.
Policy 3, Strategy A, needs a new Action 4: "When the industrial or
commercial development would occur out of sequence, normal policy
should be to recoup costs imposed by the development. However, when
the firm or industry meets the criteria specified in Policy 6, the city should
assume a portion of the developmen.t costs."
~ understand that Naomi feels that the City needs to retain flexibility
about whether to subsidize the extension of infrastructure to particular
industrial or commercial developments, and that she fears that my
proposed amendment would require us to subsidize that extension
whenever the subject firm meets the criteria specified in Policy 6.
would have no problem with changing the word "should" to "may" in
the second sentence of my amendment.
Policy 4, Strategy A, Action 1, needs an introductory clause: "Guided by
criteria produced pursuant to Policy 6,"
I understand that Naomi thinks that ICAD's marketing efforts should
not be linked directly to the Policy 6 criteria for offering economic
incentives. She would prefer to delete my proposed clause. I agree, so
long as the City informs ICAD about 'the criteria.
Policy 4, Strategy C, needs to have the following words inserted between
"government, and educational:" "labor, citizen groups such as
neighborhood associations, environmental groups."
Naomi suggests the following substitute language: "Develop new and
enhance existing means of communication between and amongst
business organizations, citizen organizations, educational institutions,
and local governments." I have no problem with her proposal. The
important point is this: we need to establish a formal process by which
a diverse array of groups have an opportunity to exchange information
and views about local economic development, and to advise the City
Council about (1) which groups to target as part of Policy 1, and (2) what
criteria to use when deciding which firms should be offered financial
incentives.
Policy 4, Strategy C, needs a new Action 6: "Establish a formal process
through which diverse organizations (industries, labor groups, citizen
groups, environmental groups, the University of Iowa, and others) can
share knowledge and viewpoints concerning local economic
development."
Naomi suggests the following substitute language: "Explore ways to
facilitate communication and share knowledge among diverse
organizations concerned about local economic development."' I think
we need to be much more explicit about Council's intention to
establish a fo.rmal process. Call it what you will, a commission, a task
force, an ad hoc advisory group. The important point is to create such a
group and to give it clear purpose.
Policy 5 needs a new Strategy C: "Reward firms that use natural resources
efficiently and minimize pollution by offering financial incentives
pursuant to Policy 6."
I understand that Naomi thinks this Strategy is unnecessary. My sense
is that Policy 5 offers little more than "motherhood and apple pie"
sentiments. The proposed Strategy C would back up those sentiments
with the stated intention of rewarding firms with financial incentives
pursuant to Policy 6.
Policy 6, Strategy B, Action 1, needs to be replaced with the following:
"Through a formal public process involving the organizations identified
in Policy 4, develop criteria to be used when the City considers granting or
participating in the granting of financial incentives to any particular firm
in a targeted industry. The criteria shall include natural resource
efficiency, pollution minimization, a living social wage, and provision of
day care to employees. A clawback provision shall be incorporated in any
incentive agreement."
Naomi prefers not to use the language I have suggested, urging two
other amendments instead: (1) that we change the original draft's
reference to "a public process" to "a citizen committee process," and (2)
that we add the following sentence to the end of the original drafi's
Strategy B, Action 1: "Require repayment of local funds if a firm does
not complete its commitment." I would support Naomi's second
suggestion; however, I think her reference to "a citizen committee
process" is too weak (see comments on 4 C Action 6 above). I also
believe that it is appropriate for us to suggest the kinds of criteria that
should be used when considering-whether to offer financial incentives.
Thus I would offer the following revision to my original proposal
(with revisions underlined and deletions bracketed):
"Through a formal public process involving the organizations
identified in Policy 4, develop criteria to be used when the City
considers granting or participating in the granting of financial
incentives to any particular firm in a targeted industry. The criteria
shall include (but not be limited to) the following: natural resource
efficiency, pollution minimization, and a living social wage [and
provision of day care to employees]. A repayment of local funds
shall be required if a firtn does not complete its commitment."
I appreciate you taking the time to cons~d_r these proposed amendments, and
I look forward to talking with you about them (as well as whatever
amendments you propose.)
Date: August 17, 1995
To: City Council
From: Jim Throgmorton
Re: Affordable Housing
In his memo dated July 31, 1995, Larry Baker suggested that we hold an
informal work session to generate guidelines for future subsidized housing
projects. He suggests that we consider seven specific guidelines (if possible):
location, cost per unit, Comp Plan land use and density, number of subsidized
units per development regardless of zoning restrictions, site plan, percentage
of Section 8 or equivalent units per project, and other city subsidies In the
form of infrastructure expenditures.
Larry's suggestion is a good one, and his proposed criteria provide a good food
for thought. I would like to offer two complementary suggestions, first with
regard to location, and second with regard to units per development.
First location. At the heart of the disagreement over Greenview was the
claim that the southe~ist side of the city was being asked to bear too heavy of a
burden with regard to lower income housing. The fear seems to be that, over
time, we run the risk of dividing Iowa City into zones based largely on class or
income. We seem to be developing upper class subdivisions to the far east
and northwest, and lower class subdivisions to the southeast. One way to
deal with that is to adopt a neighborhood fair share program. According to
such a program each part ~f the City (regardless of current average income)
would agree to accept its fair share of low-to-moderate income housing. How
would the neighborhood boundaries be defined? What would constitute a
fair share? Those are questions that would have to be worked out. The
existing neighborhood association structure offers us a starting point.
Second, units per development. We should consider adopting an
inclusionary zoning policy. Such a policy would require each new residential
development to ensure that 10 percent of its new units be "affordable." This
would increase the probability that we would not find ourselves promoting
relatively large clusters of dwelling units that are exclusively for low-to-
moderate income housel~olds.
Lastly, ! would like to encourage the Council to participate directly in the
purchase of an amount of land that would be adequate for private
development of a mixed-income project that would be designed in a compact,
pedestrian-oriented pattern. The City's participation might include
purchasing land, providing and locating infrastructure, specifying design and
occupancy criteria, and choosing (subsequent to competiti'~e bid) a private
developer to actually do the work. It would be extremely important for this
project not to be exclusively targeted to low-to-moderate income households,
or for it to be a completely public project.
I appreciate you taking the time to consider these suggestions, and I look
forward to considering yours.
City of Iowa City
MEMORANDUM
Date: August 18, 1995
To: City Council
From: Susan Horowitz
Re:
Juvenile Crime Prevention Policy Committee Board
In October 1994, Johnson County was a recipient of a Juvenile Crime Prevention Community
grant from the State Department of Human Rights/Division of Criminal and Juvenile Justice
Planning. Under a thres-year state program, Johnson County received a grant from October
1994 to June 1995 of $215,747 to which was matched locally $115,747 for a grand total of
$331,494. This grant was sought by a consortium of agencies with letters of support from many
political jurisdictions, including Iowa City. Iowa City's portion of the local match was $14,000
($9,000 for UAY and Neighborhood Centers of Johnson County and $5,000 for the Police Foot
Patrol). The Board of Supervisors asked me to be a participant on the Juvenile Cdme Prevention
Policy Board (term 1/1/95 - indefinite).
Attached is a third quarter progress report. The size of the problem and the array of activities to
address it are impressive. I believe each of us needs to become more familiar about the issues
and the shared concerns by all the participating funding agencies. Obviously, our future Aid to
Agencies allocation will affect the ability of participating agencies to respond to the objectives of
this particular area-wide program. Also, the goal of the state ultimately is to see that the state's
award is reduced each year with evidence of increased yearly local matches. So our ability to
increase financial support should be built into the budget preparation process for FY97 if Council
so wishes.
If you have any questions or comments, please let me know and either I will get the answers or
refer you to the most useful person. I'd appreciate your taking this route so that I may maintain
Coundl's perspective (individually or collectively) when participating in the Board's meetings,
Thanks.
CC:
Chief R.J. Winkelhake
Linda Severson
Jim Swaim, UAY
Sally Stutsman, Johnson County Board of Supervisors
Attachment
b~dmep~
Johnson County
Juvenile Crime Prevent/on Co~.,-~t¥ Proram
Progress Re.port
April - June, 1995
Contact Person:
Jim Sw24m
United Action for Youth
(319) 338-7518
Johnson County Juvenile Crime Prevention Community Program
A Community-Wide Initiative
P~rticipating Agencies:
Big Brothers/Big Sisters of Johnson County
Mayor's Youth Employment Program
Hid-Eastern Council on Chemical Abuse
Neighborhood Centers of Johnson County
United Action for Youth
Youth Homes, Inc.
Other Parti.cipants:
City of Iowa City
Iowa City Community School District
Iowa City Police Department
Johnson County Attorney
Johnson County Board of Supervisors
Juvenile Court Office, Sixth Judicial District
Johnson County Decategorization Project
Johnson County United Way
The following is a report of the third q~arter activities of the Johnson
County Juvenile Crime Prevention Comm~%ity Program
April - June, 1995
GOAL 1
STRENGTHEN RESIDENTS' ATTACH)~NT TO 'r~u~£R
NEIGHBOR~0ODS AND COMMUNITY
Major Accomplishments
Group Activities Program (GAP) offered in 13 sites sexwing 308 participants
F~m~ ly Resource Center at Hills Elementary School holds grand'open/ng
Neighborhood Centers of Johnson County makes 873 contacts with f~m{ lies
and distributes 246 newsletters
Iowa City Co~unity School District continues 21 school councils
Objective 1: To increase the n,--~er of parents participating in neighborhood
activities.
Big Brothers/Big Sisters of Johnson County continued its Group Activities
Program (GAP) in the targeted rural trailer court areas of the county. The
GAP program provides opportunities for youth from single parent families to
participate in prevention activities organized and guided by trained you~x
workers. The summer program began on June 12 with a staff of five youth
workers (three employed by the program, a VISTA volunteer, and a University of
Iowa practicum student). The staff worked to recruit youth participants from
both area mobile home parks and apartment complexes.
Recruitment of Leaders in Training participants was also completed during
this quarter. Program staff publicized the opportunity through the Iowa City
schools and other youth serving agencies in the community. Big Brother/Big
Sister caseworkers recommended youth from their caseloads. Parents were
contacted and both parents and youth were involved in the decision to apply
for participation. Staff interviewed the youth and discussed program goals.
Eight (8) youth were chosen as Leaders in Training participants.
Three-hundred eight (308) youth participated in GAP programming during
this quarter (129 male youth and 179 female youth). Overall, staff reported a
duplicated count of nine-hundred twenty-four (924) participants in their
activities. Programming was offered in thirteen sites: Regency Mobile Home
Park, Faith United Church (in southeast Iowa City), Sunrise Mobile Home Park,
Coralville Morrison Park, Hawkeye Drive Apartments, Coralville Central, Hills
City Park, Hawkeye Drive Apartments, Coralville Central, Hills City Park,
Hawkeye Court Apartments, Breckenridge Mobile Home Park, Oxford Lions Park,
Western Hills Mobile Park, and Kent Park. (Note: youth from Parkview Mobile
Park are transported to Kent Park). Parents are continually notified of the
activities planned for each session and follow-up activities are suggested.
United Action for Youth (UAY) staff continued to work to better involve
parents in activities at its Youth Center. Outreach staff provided tours of
the facilities to parents, made follow-up contacts to families, and obtained
parental permission slips for special events to better keep parents informed
of their programming. Staff also continued to assist with activities at the
Hills Fam{ly Resource Center. Volunteers spend one evening each week
providing positive alternative activities for adolescents and their parents.
In April, the Family Resource Center at Hills Elementary School held its
grand opening. The goal of this effort is to become an active center .for
families in the community that focuses on prevention, resources, support,
education, referrals to agencies and other sources of-support, and a place for
families of all ~.qes to come together for Learning and ftun. Hills Elementary
School has the largest percentage of low-income families in the schoo~.
district. Because of its isolated, rural location, there is a great need for
highly accessible, centralized services. The response of parents to the
Family Resource Center has been tremendous. In the first three mont2~s of
operation, the program had a total of two-hundred fifty-three (253) contacts
with sixty-two parents.
In order to assist all school staff in the transition to a
family-centered model of education, two staff trainings were held on site at
Hills Elementary School. One of them was an all school inservice conducted by
HACAP/Head Start concerning increasing parental involvement in the school and
the classroom as well as communication strategies. The second was an optional
inservice conducted by the National Resource Center for Family Based Services
about family systems and relating to children in terms of the fam/ly unit.
Parents at Hills Elementary School are highly valued as volunteers.
Prograph staff at the Family Resource Center have worked towards increasing
volunteerism in the school environment. In addition to volunteerism, one
parent has also been employed to assist with the organization of the parent
library.
The Family Outreach Counselor from Neighborhood Centers of Johnson County
continued to provide outreach to ind%vidual families and new families who
recently located to the community. Program staff also assisted Hispanic
families in the neighborhood with the organization of a Cinco De Mayo event
for youth in the community. Pinaras were made and traditional foods were
served. A summer kick-off picnic was held at the Neighborhood Center for
parents and children in which they could also sign up for summer programming
at the Center. Ten residents and youth volunteered by preparing food,
organizing the setup, greeting f~milies, and cleaning up. Community
organizations who offer summer programming were also invited to attend.
Organizations that attended included Big Brothers/Big Sisters of Johnson
County, S~fety Village, and Head Start. One-hundred six (106) parents and
children attended, emphasizing the success that outreach and personal contact
can have in increasing participation. Community volunteers continue to assist
the Young Black Men's Group as mentors. This relationship has proven
successful for the continued exploration of new topics and ongoing bonding
between the volunteers and youth involved. In all, a total of eight-hundred
seventy-three (873) contacts were made by Neighborhood Center staff during
this ~fuarter informing families of their programming. There has been a
significant increase in outreach visits and drop-in visits from community
members demonstrating the success of the program.
Objective 2: To i~crease the safety within the Broadway Neighborhood and other
high crime areas in Iowa City.
United Action for Youth (UAY) continued its expanded hours of evening
operation at its Youth Center providing a variety of alternative activities
for youth to participate in, including art and music activities, sports
functions, and volunteer activities. Additionally, program staff continued to
promote youth involvement in the Downtown Association and the Friday Night
Concert Series as a means of promoting youth involvement in the community in a
positive realm. Older youth volunteers continued to work on the "Buddy Line"
fielding calls from elementary-age children. '"Buddy Line" calls cover a
variety of concerns from parents not arriving home on time~ to relationship
quesuions. UAY staff have also been providing rape awareness presentations to
groups of young men and women at t-he Youth Center.
During this quarter, Neighborhood Centers of Johnson County initiated a
Steer'-ng Committee to set the agenda for the Neighborhood Councils. This
Committee has spent a considerable amount of time developing ideas on how to
further the visibility and involvement of neighborhood residents. To promote
neighborhood safety, an "It's Our Neighborhood" potluck was held in
conjunction with the Iowa City Police Department.
The Neighborhood Council and Steering Committee had voiced intense
concerns about criminal activity, in particular gangs, in the neighborhood and
indicated a desire for foot patrol over the summer months. In June, program
staff became aware of the loss of funding for the proposed foot patrol. This
item will become a priority for the Steering Committee in the coming months.
Neighborhood Center staff provided 'transportation for twenty (20)
neighJ3orhood children to the "Safety Village" activities this summer.
Educational activities were provided concerning fire, storm, bicycle, water,
and home safety issues. A graduation ceremony was held for the children
completing the program witch their families attending. Adolescent youth from
the neighborhood were also employed as instructors for this program.
Objeotive 3: To inorease the involvement of parents and youth in planning and
decisionmaking within their neighborhoods and c~unity.
Adult and youth staff at United Action for Youth (UAY) continue to
actively recruit and support both youth and parents for participation in the
Johnson County Decategorization Project's Youth and Family Advisory Committee.
UAY's own Youth Advisory Committee continued to function providing a forum for
discussiqn of Youth Center activities. Representatives from this committee
provide ideas for programing to adult staff members during team meetings.
Additionally, two youth members were added to UAY's Board of Directors.
Project staff continued to involve youth in volunteer screening and training.
Finally, staff continue to work with the newly formed Hills Family Resource
Center bringing youth a~d parents into the schools and in contact with staff
and community-based programming.
The Iowa City Community School District has encouraged parental
involvement in school decisionmaking through parental participation in the
school-based site councils. It is the District's goal to involve two to three
parents in each of the twenty-one (21) school councils. Each council is
currently at a different stage of development. At this time, several schools
have active parental involvement in the school's decisiona%aking process.
A consulting firm, W. P. Dolan and Associates, was hired this spring to
review the process of the site-based decisionmaking process within the school
district. Ninety-three (93) interviews were conducted with school personnel
at all levels, as well as with parents and other community members.
In general, principals interviewed felt that parents were a great addition to
the site team, and felt that even though they were at the beginning stages of
the councils, the process has increased the level of trust between and among
school staff, parents, and the building's leadership.
Parents interviewed were enthusiastic about their participation, feeling
both welcomed and their contributions valued. Parents did indicate their
concern about getting other parents involved. A few site councils have begun
to address this issue by sending surveys, beginning a "pyramiding" strategy
and doing a variety of other things to get parents in the door. For the
1995-1996 academic year, it is the goal of the District's At-Risk Program
Coordinator to be more aggressive in informing site-based councils of
incentives available through the Juvenile Crime Prevention program to
encourage parental participation.
Neigkborhood Centers of Johnson County continued to distribute a monthly
newsletter which was disseminated to two-hundred forty-six (246) residents in
the Villa Gardens, City Housing, and Cedarwood Apartment complexes.
Door-to-door outreach was conducted to families concerning their participation
in the Neighborho6d Councils. Four Neighborhood Council meetings were held
this quarter at Broadway Street and Pheasant Ridge. Topics of the meetings
included gangs, violence, and general criminal activity. Residents continued
to voice the importance of foot patrol to inorease safety in their
neighborhoods and their conoerns about local drug dealing. Speakers
representing the Iowa City Police Department and the Drug Task Force Unit were
in attendance.
Residents of the neighborhood continue to serve on the Housing Fellowship
Board, Area Council of child Abuse and Neglect, and the Neighborhood Center
Board. Promotion of the Johnson County Decategorization Project's Youth and
Family Advisory Committee resulted in two families served by the Center to be
invited participants. The Outreach Counselor continues to attend monthly
Substance Abuse Task Force meetings and ihtends to invite residents to serve
on this Committee in the fall. The Outreach Counselor continued to coordinate
and facilitate a Steering Committee initiated by residents in the
neighborhood. This Committee met four times this quarter planning agendas for
the Neighborhood Council meetings with the continued emphasis on neighborhood
safety concerns.
· ·
GOAL 2:
STRENGTHEN FAMILY ~M/%NAGE/4EBT Si~TT.T.S
Major Accomplishments
Youth Homes continues weekly pa~ent support group meetings
serving 30 parents ~nd 105 youth
Neighborhood Centers of Johnson County conducts 229 in-home parent~ ng visits
Mid-Eastern Council on Chemical Abuse/United Action for Youth conduct
drug and alcohol educat/on series serving 45 f~m~lies
Northwest Junior High St~dent/F~m{ly Resource Center
makes 653 student contacts
Objective 1: To train and conduct skill buila{ng for parents in community and
neighborhood settings to enhance their prevention skills with their own
children.
Youth Homes, Inc. continued to provide weekly parent support group
meetings for both parents of youth participating in PAL (Pursuing Adventures
in Learning) programming and parents whose children are under Intensive
Supervision. The goal of the support group is to provide education for the
parent participants concerning their child's social, emotional, and
developmental needs. Groups are designed to assist in the promotion of a
sense of responsibility and self-confidence in parents. The groups are
facilitated by a training therapist, and child care is provided by program
staff. A total of thirty (30) parents participated in the support group, and
the progra~ served a total of one-hundred five (105) youth.
Neighborhood Centers of Johnson Council conducted eight (8) parent
support/education sessions this quarter. Topics of these sessions included
the death/loss cycle; relationships with children, partners and neighbors;
behavior management; facilitating self-esteem; developmental stages; stress in
children; and coping with temper tantrums. Recorded attendance increased to
forty-four (44) parents. Participants from the parent workshops at Mark Twaim
Elementary School joined this group, expressing the need for ongoing and
continued sessions concerning behavior management strategies. A total of
two-hundred twenty-nine (229) in-home parenting visits were conducted this
qua~rter. Specific issues discussed during these visits included parenting
skills, budgeting strategies, mental health issues, sexual development,
truancy, encouraging tutoring and summer school participation, personal
relationships, behavior management, crisis counseling, and nutrition.
Referrals to other agencies and community services increased during this
quarter.
Pre-tests are issued to all parents participating in the structured
parent activities. Post-tests are scheduled to be administered which will
assess changes in the parenting constructs of empathy, use of corporal
punishment, role reversal, and inappropriate expectations. In conjunction
with the post-tests, examinations will be administered to observe general
feedback from program participants.
Objective 2: To conduct alcohol prevention groups with families in four school
set~{ngs.
Mid-Eastern Council on Chemical Abuse (~ECCA) along with United Action
for Youth (UAY) staff conducted a four-session drug and alcohol education
$er~es combined with the Talking with Your Kids About Alcohol (TW?KA) program.
This serles focused on communication skills, negotiation, discipline and other
topics of interest indicated by participants. During the first nine months of
the grant project, programs were offered at Lone Tree Co~ununity School,
~/~ana/Clear Creek Middle School, Mercy Hospital/Iowa City Cor~lunity School
District, CEC/Iowa City Community School District Alternative Center, and
Hills Family Resource Center/Iowa City Community School District. A total of
twenty-eight (28) youth were served (with a duplicated count of eighty-five).
In all, a total of forty-five families were served. Many of the participants
attending the sessions indicated it was very beneficial. Others said they
would be interested in having it continue for additional sessions.
Participants also indicated they would attend the sessions even if the gift
certificates had not been offered.
Objective 3: To replicate effective school-based f~m~y resource progr~m~.
As previously discussed, Hills Elementary School was awarded a Family
Resource Center grant from the Iowa Department of Education in February of
1995. The funding from this grant, along with additional funds from the
Johnson County Decategorization Program and the Juvenile Crime Prevention
Community grant, has been used to lay the groundwork for a thriving Family
Resource Center.
Once a week, the school opens its doors as a community center for
families. Activities during this time include a light dinner, access to the
school library (which includes a variety of parent resources), a toy lending
library, a computer lab, recreational activities for adolescents led by United
Action for Youth (UAY) staff, a discussion group for parents of children wi~h
Attention Deficit Disorder, as well as activities for the younger children in
attendance. In the first three months of this program, the program served
sixty-two (62) parents, one-hundred three (103) elementary school children,
twenty-seven (27) adolescents, and fourteen (14) preschool-age children.
Other components of the program include child development and educational
services, the enhancement of the existing child care component for preschool
and latchkey students, high school equivalency instruction, parenting skills
and other outreach activities to new parents, family daycare support, and
health/clinic services and nutrition education.
Northwest Junior High continued to offer a variety of programming through
its Student/Family Support Center. Student involvement continued to increase
and diversify into different types of services. There were a total of
six-hundred fifty-three (653) student contacts (615 of which were classified
as high risk) with one-hundred two (102) youth. Additionally, twenty-three
(23) parent contacts (20 of which were considered high risk) were made with
nineteen (19) different parents.
A daily after-school program is held serving up to fifteen (15) students.
Activities include art activities, games, outdoor recreation, drama group
meetings and rehearsal, and study/homework completion. Tutoring groups are
also offered for students three days per week in the school study halls. Two
days per week, a shuttle leaves the school at 5:00 p.m. offering
transportation to any student who participates in the after-school
programming. Drop-.off points include Holiday Mobile Home Park, Penn
Elementary School, Pheasant Ridge Apartments, Regency Mobile Home Park, and
Hills Elementary School.
Individual and group counseling services are also provided by youth
counselors from United ;{ction for youth (UAY). Family counseling and referral
services are also provided. A Project Success mentoting program has also been
initiated. Participants in this program are paired with community members of
a like ethnic background who serve as mentors to the you.th involved.
During this quarter, the program has made great strides in its acceptance
into the school environment as attempts were made to strike a balance between
the needs of school personnel, students, and families. Program staff continue
to learn through trial and error what works and what doesn't making it clear
to everyone that this is an experimental time period and much value is placed
on input received from those served concerning the Center's prograam~ing.
Elements of the after-school program are consistent with the 1994 Carnegie
Council Consultation on After-School Programs which indicates the core
elements of effective after-school programming.
Penn Elementary School, a school in the Iowa City Co,unity School
District located in North Liberty, has indicated the need for additional
support services. The school's at-risk population is growing. Similarly,
Juvenile Court Officers have indicated an increase in referrals from the North
Liberty area. In May, an application for Decategorization funding for a
half-time outreach worker was approved. Neighborhood Centers of Johnson
County ';ill contract with the school district to provide a parent outreach
worker to begin in August, 1995.
Responsibilities of this new outreach position will include home visits
to parents, both to provide support and counseling as well as to generate
input for the development of additional support programming. The school
district will be collaborating with the City of North Liberty and local
businesses to do an assessment of community needs and resources to develop
family resource activities in conjunction with activities at the new North
Liberty Community Center, which is scheduled to be completed in 1996.
GOAL 3:
INCREASE OPPORTUNITIES FOR YOu'rE TO BE
POSITIVELY 1-N~OLVED IN 'r~lR COMMUNITY
Major Acc~plishments
Mayor's Youth Employment Program serves 25 youth in bicycle repair
and 'truck restoration projects
United Action for Youth teen line responds to 130 calls
Young Black Men's Group meets 7 times with 12 youth regularly attending
Objective 1: Provide youth with pre--mployment opportunities related to auto
restoration, bicycle repaJ_r, neighborhood improvement projects, and downtown
concert events.
During this quarter, Mayor's Youth Employment Program (MYEP) entered the
last phase of their bicycle and classic vehicle restoration projects. The
seven youth involved in the bicycle repair project completed the repair of
thirty (30) bicycles for entry in the bicycle auction conducted by the Iowa
City Police Department. The bicycles grossed $2,700 in the auction, and the
youth involved in the project were very pleased. The six youth involved in
the classic vehicle restoration entreprenurial project completed the final
touches on the 1953 Dodge 1/2 ton pickup, and sold nearly 1,000 raffle
tickets. The majority of the tickets have been sold out of the popcorn wagon
located in the pedestrian mall in downtown Iowa City.
During May, both projects were suspended to prepare for summer changes in
the progr~uns. Bicycles couldn't be obtained from the local police department
again until late June, and time was-needed to locate the next vehicle for
restoration. In June, both projects resumed in earnest. ~eighborhood Centers
of Johnson County began bringing groups of youth two times per week to work on
the bicycles, and program staff located a 1969 Opel GT 1900 to be used for the
restoration project. Youth Homes, Inc. referred youth to work on ~his vehicle
in late June. During this quarter, there were twenty-five (25) youth
participants in both projects.
Other employment opportunities provided for youth included five at
Neighborhood Centers of Johnson County and fo. ur at United Action for Youth
(UAY) involved in neighborhood improvement projects, child care
responsibilities, office duties, peer support and other outreach functions.
The Friday Night Concert Series began on May 5th. This eighteen-week series
brings live bands to the downtown Iowa City area each Friday evening. The
project will be overseen by a 16-year-old junior at City High School.
Finally, United Action for Youth (UA¥) staff continue to provide
pre-employment opportunities to youth through participation in flower garden
projects and performances in the UAY drama troupe "The Dating Cellos" who
recently performed at the Iowa Arts Festival. UAY staff continue to refer
youth to the Mayor's Youth Emoloyment bicycle and truck restoration project.
Eight (8) youth were selected as Leaders in Training with the stlmmer
Group Activities Program (GAP) offered through Big Brothers/Big Sisters of
Johnson County (six males and two females). These youth participated in
weekly staff training receiving instruction on how to appropriately lead
activities with GAP participants. Program caseworkers have assisted in
transporting these youth to the training sessions. The GAP Director provides
additional traininq sessions to youth participants. During one session, each
participant a~sumed ~he role of a business person hiring an employee. They
then developed a ~ist of qualities necessary for a positive working
relationship. This list was then discussed with the group and will be used as
part of the overall Leaders in Training evaluation procedures. This process
will involve self-evaluation by the Leaders in Training participants as well
as program staff and director input.
Unfortunately, program staff were unable to recruit Leaders in Training
participants from each of the sites as previously planned. As a result, only
two of ~he participants are residents of the sites at which they are employed
(Western Hills Mobile Park and Breckenridge Mobile Home Park). The Leaders in
Training did participate in training with staff from a summer GAP~rogram in
Clinton County. All participants received a T-shirt and have been included in
the ongoing planning process for the program. Staff have begun discussions on
how to incorporate the summer Leaders in Training program into the activities
conducted during the school year.
Neighborhood recycling and clean-up efforts initiated through
Neighborhood Centers of Johnson County has increased relationship-building
efforts between neighborhood youth and apartment management. A letter was
received from Villa Park management personnel noting their appreciation to the
youth involved and their continued support of the project. A staff person
from the Center was also available to accompany neighborhood youth to the
Friday Night Concert Series held in downtown Iowa City.
Objective 2: Provide prevent/on activities in group and one-on-one set~-gs to
youth in four critical need~ rural mobile hc~e cour~.s.
At United Action for Youth (UAY), both adult and youth staff continue to
provide positive intervention activities and counseling to youth residing in
Regency Mobile Home Park, Pheasant Ridge Apartments, Broadway Street
ApartmeHts, Holiday Mobile Home Park, and Hilltop Mobile Home Park through
Northwest Junior High's Student/Family Support Center, UAY's own Youth Center,
and the Hills Family Resource Center. The provision of transportation and
dissemination of event calendars helped to keep participation high. UAY staff
also facilitated youth groups from these areas through the High AdVenture
Ropes course. The alcohol education and prevention classes discussed
previously were offered to many youth in the areas mentioned above.
Twenty (20) youth from rural mobile home courts were involved in either
the youth incentive program or through employment at Mayor's Youth Employment
Program (MYEP) or JTPA sum~er activities during this quarter. Program staff
from Neighborhood Centers of Johnson County provided an orientation session on
child development for all youth whose jobs included working directly with
children. Staff worked with JTPA participants to assure that forms were
completed for employment and to encourage participation at the mandatory
orientation session. Ongoing mentoring for youth who participate in
employment opportunities has been a definite need. Many youth most at-risk
continue to drop out of s~nmler employment programs. Neighborhood Center staff
continue to work closely with those youth on a one-to-one basis. Finally,
program staff provided outreach and recruitment for the BEST Prevocational
Proqram for young women provided tb_rough the University of Iowa.
Objective 3: To increase the n,~,her of youth involved in ~eer-supported and
volunteer activities at Neig~borho~ Centers, UAY, and other com~,n{ty
locations.
United Action for Youth's (UAY) "Dating Cellos" drama troupe participated
in a trainleg with four other durama groups from Iowa. In all, a total of
thirty-six (36) youth volunteers are involved at the Center on t-%e teen
counseling line, the drama' troupe, and other activities. The teen line
responded to a total of one-htt~dred thirty (130) calls regarding such issues
as pregnancy, suicide, child abuse, sexuality, runaways, fantily conflict,
drugs, and birth control. Youth volunteers also assisted in family counseling
and are serving on the Center's Board of Directors. Youth staff have become
increasingly independent in.rn/nning the Youth Center's activities. An
activity calendar continues to be distributed to area agencies, parents, and
local schools.
During this quarter, program staff at Neigb. borhood Centers of Johnson
County have seen a definite decrease in the number of youth attending their
teen group. As the consistent participants appear to be f~male adolescents,
their programing is currently being restructured to be that of a Young
Women's Group since many of the ~le youth have other outlets for
participation in the Center's activities. The expressed needs of this group
· of young women appear to be pregna~cy prevention and self-estem issues. The
Reading Buddy program continued with neighborhood school-age children reading
to local children involved in Head Start programming. This has been a very
successful effort as youth are realizing the importance of the selection of
appropriate books for the preschooler. Staff from Head Start have been very
supportive of the project and have received positive feectback from the
children participating in the program.
The Young Black Men's Group met seven times this quarter with twelve (12)
youth regularly attending. An African cooking festival was held to increase
their knowledge of the diversity of African and African-American culture. A
journal-writing workshop was also held to increase appreciation for writing as
a means of self-expression. Bowling and an end-of-the-school-year cookout
were also held among the recreational activities hosted by this group.
Eight (8) youth currently volunteer at the Neighborhood Center helping
out with child care, cleaning up the neighborhood, and tutoring younger
students. A group of children have also visited a local nursing home. Fourth
through ninth-grade students also volunteered their time by painting banners
for the Iowa City Arts Festival a~d were credited in the local newspaper for
the artwork completed for the "Safety Village" prograph held at Grant Wood
School. The focus of these efforts is educating youth on the value of giving
back to both their neighborhood and the cornunity at large.
Neighborhood Centers of Johnson County also co-sponsored the Fire
Safe/Fire Free Day with the Red Cross and other co~mtunity organizations.
Forty-sight (48) residents participated in the progr~ and received
infor~tion on safety and fare escape routes. Children were given the
opportunity to meet local fire fighters and view the fire trucks.
GOAL 4:
REDUCE B~kR~TR.~ ASSOC~%~ED WITH POVERTY %~HAT PREVENT
YOtriT~ AA~D F~/~TT.IR$ FROM ACT/VKLY P~ICIPATING
IN COMMUNITY B~j.-X.P,R.t,[li2~ AND I~,ALTR'Y C~r.n REARING
Major Accomplishments
45 Parenting Skills Train{rig particifkants receive $5450.00 in incentives
21 students receive scholarships to attend s,--ruer school
112 children receive meals and were provided child care by
Neighborhc~ Centers of Johnson County
Phone utilized 635 times by comm"n~ty residents
Objective 1: To provide incentives for low-income from{ lies end others to
participate in activities within their neigb_borhoods and community.
Parents participating in the parenting skills training program offered
through the collaborative effort between United Action for Youth (UAY) and
Mid-Eastern Council on Chemical Abuse (MECCA) continued to receive incentives
for their efforts. Vouchers for gift certificates were obtained from local
grocery and retail stores, including Wal-Mart, K-Mart, Target, and Hy-Vee.
The following vouchers were dispersed:
Hills Family Group
CEC Family Group
Amana/Clear Creek
Middle School
Mercy Hospital
Lone Tree
7 families/four sessions $1050.00
1 family/1 session 50.00
6 families/4 sessions 900.00
4 families/3 sessions 300.00
1 family/2 sessions 50.00
7 families/4 sessions 1050.00
3 families/4 sessions 450.00
3 families/3 sessions 225.00
1 family/1 session 25.00
6 families/4 sessions 900.00
6 families/3 sessions 450.00
TOTAL $5450.00
In all, a total of forty-five (45) families received a total of $5450.00
in vouchers/gift certificates (constituting 83% of the maximum $6000.00
available). Receipt of vouchers/gift certificates was determined by
attendance at group functions. For each session attended, they received a
$25.00 gift certificate. For attendance at all four sessions, a $75.00 gift
certificate was dispersed.
As previously mentioned, Hills Elementary School has opened its media
center free of charge to youth and parents one evening a week.
Through ftlnds made available through the Juvenile Crime Prevention
Community grant, twenty-one (21) students received scholarships to attend
summer school. Twelve of these students enrolled in the "Step Up" program.
"Step Up" is a new program for students who do not have enough credits to
advance from eighth to ninth grade. Students were targeted who would not
ordinarily make it to summer school because of a lack of resources and/or lack
of parental support. This program provides transportation, tuition, and
incentives. The identified students are at extreme risk of dropping out of
school. Many have been involved with the juvenile court system and/or have
truancy problems. In June, ten (10) of the participants had perfect
attendance: two (2) students only missed one day. The other nine students who
received scholarships were low-income and unable to afford the usual sua~ner
school tuition.
Ten (10) students at Hills Elementary School received partial
scholarships to attend the Hills Care for Kids all-day summer program.
without the scholarships, parents would have had to leave their elementary-age
children tunsupervised all day or would have been forced to leave emplo.vment
creating a financial crisis for the family.
Objective 2: To provide sup~x~rt for low-income f~m~ lies to participate in
activities.
Child care and refreshments are provided at tha alcohol prevention
classes described above in an additional effort to encourage participation.
Activities held at Hills Elementary School's Family Resource Center are
provided free of charge, and refreshments are also served.
United Action for Youth (UAY) continued to provide a comfortable,
respectful, and safe enviror~ent for youth and parents at its drop-in
facility. All activit.ies are provided free of charge, child care is provided,
and snacks are made available at no charge.
Child care and meals are provided by Neighborhood Centers of Johnson
County in effort to promote attendance at all Neighborhood Council meetings,
Steering Committee meetings, and parent education groups. One-hundred *twelve
(112) childn~en were served meals and were provided child care during the
above meeting activities.
Objective 3: To conduct f~m~ ly outreach with low-income f~m~lies offering
assistance and support to encourage their participation ia activities.
United Action for Youth (UAY) staff continued to provide follow-up
services to youth and families following their participation at the
Student/Pa~ent Support Center at Northwest Junior High. Staff are available
on a continual basis to meet with youth and parents at the Center and provide
transportation when necessary. Refreshments, scholarships, and child care are
provided for youth and farolilies who participate in Hills Elementary School's
Resouroe Center activities.
Two-hundred twenty-four (224) contacts with youth were made by
Neighborhood Center of Johnson County staff in their after-school progra~ming.
Forty-three (43) neigb_borhood youth were consistent attendees. Activities
conducted included trips to the local library, swi~ng, roller-skating,
bowling, miniature golfing, craft activities, art museum and local park
visits, and trips to a local senior center and youth recreation center.
Groups were restructtLred during this quarter and multi-age groupings were
foraged. The effeots of this restructuring have been a sense of cooperation
and increased teamwork ~ong children in the same neighborhood.
Phone usage and lack of transportation continue to be a consistent unmet
needs of residents served by the Neigh~rhood Center. Phone usage was
provided a total of six-hundred thirty-five (635) times during this quarter at
the Broadway Street a_~d Pheasant Ridge facilities. Due to' the assist~ce
received from the Job-rison County Council of Governments, the Neighborhood
Center was able to provide twenty bus tickets monthly for emergency
transpora=ion for neighborhood families.
REDUCE TRUANCY ~ONG YOUT~
Major Accomplishments
Two At-Risk Facilitators cobduct 486 contacts with 60 students
School Attendance Task Force continues to meet
Neighborhood Centers of Jobn-~on County conducts 108 contacts in
tutoring program with 27 youth
Objective 1: To provide a tl~,~ncy officer to work with tin,ant youth at the
j,~n{or high level.
Two At-Risk Facilitators continued to be employed at Northwest and
Southeast Junior High Schools this quarter. Funding for the Facilitators
originated from the Johnson County Decategorization Program and the Department
of Human Services' deliquency fends for Life Skills and School-Based Services.
The At-Risk Facilitators monitor attendance on a daily basis. When
students have unexcused absences, the Facilitators follow up with either a
phone call or visits to the homes of the students. The Facilitators also work
closely with the local juvenile court office, receiving information about
individual students who have become involved in the juvenile court system.
The Facilitators monitor the youth's academic performance and behavior at
school by communicating on a regular basis with both teaching staff and school
administrators. The Facilitators also maintain regular contact with parents.
During this quarter, the At-Risk Facilitators conducted a total of
four-hundred eighty-six (486) contacts with sixty (60) students.
Objective 2: Coor~-ate with the juvenile cou~ system for kids that are
chronic truants and do case-by-case pl~,-~ng with those f~m~lies.
The School Attendance Task Force is a part of a coordinated effort to
deter juvenile crime in Johnson County. This Task Force is a joint effort,
formalized by a 28E agreement, between three agencies: The Iowa City
Community School District, the Johnson Cottnty Attorney's Office, and the Sixth
Judicial District Juvenile Court Office. Each agency has appointed six
individuals to serve on the Task Force for a total of eighteen members. The
appointees come from a variety of backgrou~nds, including school personnel, law
enforcement officials, human service agency staff, and other community
leaders.
The full committee met once this quarter. Three mediation teams met to
intervene with three (3) chronic truants and their families. Meetings were
two to three hours in length and facilitated co~nunication between the youth,
the family, and school personnel. Rewards were also offered to the student
for attending school. With the end o~ the school year drawing to a close, the
Ta§k Force did not accept any additional referrals after May. The Committee
did develop a proactive plan for the 1995-1996 academic year which will
include sending a letter to parents of children with a history of 'cruancy.
The letter, drafted by the County Attorney, will encourage them to maintain
better attendance for the 1995-1996 school year and offer suggestions for
support. The Committee also discussed the possibility of expanding the School
Attendance Task Force to the rural communities of Clear Creek, Lone Tree, and
Solon.
Objective 3: To foster activities to make school attendance attractive to
youth and fmm~]~es.
I0wa City Community School District, in partnership with the University
of Iowa College of Education, established a community service learning pilot
program two years ago at the elementary school level. The goal of this
program is to provide students with alternative methods of being engaged
educationally, to obtain academic credit, and to increase self-esteem and an
understanding of their larger role within the community by providing community
service. In addition to the existing forty-five (45) projects offered at the
elementary school level this year, a new program was implemented this quarter
at the Community Education Center (CEC), the school district's alternative
high school. Through the service learning program, CEC students tutored youth
at MarkTwain Elementary School.
In addition to service learning projects in the district, o~her
previously described initiatives continue to make school more attractive to
both youth and their families. By opening schools up as coraraunity centers at
both Hills Elementary School and Northwest Junior High, schools are structured
to be more welcoming to families. By participation in site-based management
strategies, students and parents will increase-their sense of ownership of
schools. The School Attendance Task Force has also made great strides in
making school more attractive to chronically truant youth by providing both
incentives for attendance as well as counseling and problem-solving with
students and families concerning problems encountered in the school
environment.
United Action for Youth (UAY) youth staff continued involvement with the
drop-in, after-school program of the Family and Student Support Center at
Northwest Junior High. UAY staff assisted in providing art and recreation
activities for youth as well as academic assistance and support. Staff report
a more relaxed attitude from students who are participating in the activities
than when in school.
Neighborhood Center staff continue to provide outreach to families in the
neighborhood and through Mark ~waim Elementary School. School teachers and
the elementary school counselor have encouraged children to participate in the
tutoring program provided by Neighborhood Centers. On-site parent-teacher
conferences were also held at the Center. An on-site school mentor housed at
Mark Twain has enhanced the parent/teacher relationship and the bond between
the families and the school.
A total of one-hundred eight (108) contacts were recorded during this
quarter in the Neighborhood Center's tutoring program with twenty-seven (27)
youth participating on a regular basis. A pizza party was held for children
participating in the s,~mmer tutoring program. The Outreach Counselor
continues to work closely with families where school attendance and/or
substance abuse remains problematic.
Neighborhood Center staff were also very active this quarter in
recruiting for area summer school programs. Center staff worked with parents
in completing registration forms, informing them of available programs,
locating funding when needed, and providing transportation. Bus tickets were
purchased for two youth attending Northwest Junior High. A continued increase
in computer use at the Center was also seen this quarter by youth utilizing
the system for schpol reports and learning games. Finally, sixteen (16) youth
participated in the Reading Program at the local library during this quarter.
. %
City of Iowa City
MEMORANDUM
Date: August i6,1995
To: City Council
· From: City Manager
Re: Iowa Avenue Sidewalk Project
The Iowa Avenue Sidewalk Project extends from Clinton Street to the alley east of Clinton along
the south side of 10wa Avenue.
The scope of the project includes raising the sidewalk elevation to match the floor level of abutting
buildings (one building matches the current sidewalk elevation and will present a design problem).
Other streetscape amenities can also be considered.
Design work will begin this fall after the end of the current construction season.' Tenants and
property owners will be notified and their input solicited throughout the design process.
It is anticipated that construction will begin during the summer of 1996.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 17, 1995
Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney ~
Partial Litigation Update; New Lawsuit
Allied Mutual Insurance Comicany v. City of Iowa City; State Docket #56712
Attached please find a petition received on August 17, 1995, requesting the Court to order
the Iowa City Police Department to permit inspection of a criminal file, together with copying,
by the plaintiff insurance company.
This lawsuit is entirely frivolous, since the insurance company did not request the information
now being demanded for release. Anne Burnside is assigned to this case.
CC:
City Clerk
City Manager
Assistant City Manager
Anne Burnside
Attachment
IN THE IOWA DISTRICT COURT IN AND FOR jOHNSON COUNTY
ALLIED MUTUAL INSURANCE COMPANY,
Plaintiff,
VS.
CITY OF IOWA CITY,
Defendant.
NO. $~,'7 t Z...
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby notified that there is now on file in the office of the Clerk of the above
court, a Petition in the above-entitled action, a copy of which Petition is attached hereto.
The Plaintiff's attorney is JOHN K. VON ~CKUM, of the law firm of ELDERKIN & PIRNIE,
P.L.C., whose address is Suite 700 Higley Building, 118 Third.Avenue S.E., P.O. Box 1968,
Cedar Rapids, Iowa 52406.
You are further notified that unless, within 20 days after service of the Original Notice
upon you, you serve, and within a reasonable time thereafter file, a Motion or Answer in
the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa,
judgment by default will be rendered against you for the relief demanded in the Petition.
Clerk of the Above Court
County Courthouse
Iowa City, Iowa
NOTE: :~---~
The attorney who is expected to represent the Defendant should be pr(~'~tly~lvised'
by Defendant of the service of this Notice. :".... ~ . ·;
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
ALLIED MUTUAL INSURANCE
COMPANY, 42-0111280
V$.
Plaintiff,
CITY OF IOWA CITY,
Defendant·
No.
PETITION
Plaintiff for cause of action against Defendant states:
1. Plaintiff is an Iowa corporation and property and casualty insurance company
which is conducting an investigation concerning a motor vehicle accident.
2. Defendant is an Iowa municipal corporation in Johnson County, Iowa.
3. The Iowa City Police Department of the City of Iowa City, Iowa, investigated
an accident referred to above which occurred between Roy Strong and Christopher Lenz
with photographs and measurements by a technical investigator named Cathy Lippold.
4. It is believed that the Iowa City Police Department took photographs, made
diagrams, made measurements and recorded same and possibly took statements in
connection with the accident which would be included in its police report No. 95-505-074.
5. In order to continue its investigation Plaintiff needs access to such police
report including photographs, diagrams and measurements and statements taken
~ c..~
have the opportunity to copy same. .~:.. ..,.
in order to
6. The Iowa City Police Department has refused to make its file available for such
purposes without Court Order.
WHEREFORE, Plaintiff prays for an Order directing the Iowa City Police Department
to open its file No. 95-505-074 to a representative of Plaintiff and to permit copying of same
and for such other and further relief and orders which may be appropriate.
.,,,,.,-~iDHN K. VON LACKU~ Lr0005768
g/ ELDERKIN & PIRNIE, P.L.C.
~, 700 Higley Bldg., P.O. Box 1968
'""Cedar Rapids, IA 52406
'(-31-9) 362-2137
ATTORNEYS FOR PLAINTIFF
2
City of Iowa City
MEMORANDUM
DATE: August 18, 1995
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk
RE: August and September Meeting Schedule
The Mayor asked that I send you the following schedule as a reminder of your
upcoming meetings.
August 21, 1995
7:00 p.m.
Worksession - Landfill
August 24, 1995
6:30 p.m. Special Council Meeting- Executive
Session'
August 28, 1995 6:30 p.m.
August 29, 1995 7:30 p.m.
W0rksession
Formal Council Meeting
September
September
September
5, 1995
11, 1195
12, 1995
7:00 p.m.
6:30 p.m.
7:30 p.m.
Worksession with University Heights
Worksession
Formal Council Meeting
September 25, 1995
September 26, 1995
6:30 p.m.
7:30 p.m.
Worksession
Formal Council Meeting
September 30, 1995
8:00 a.m.
Worksession regarding Subsidized
Housing Criteria
City of Iowa City
MEMORANDUM
Date:
August 18, 1995
To:
From:
Iowa City City Council
Marcia Klingaman, Neighb0rhoo ,~.Services
J~m Brachtel, Traff c Engineer ,~-
Coordinator
Be:
Residential Stop Sign Program - Response to City Council Comments
The City Council had some discussion at their formal meeting on July 11, 1995 regarding the
results of the survey that was provided to them regarding the Residential Stop Sign Program.
One of the concerns expressed involved the abundance of stop signs and that the number
might possibly be reduced and still maintain the needed effect.
In the grid-type street pattern of the Longfellow/Creekside and Northside neighborhoods, a
basket weave pattern of stop signs was installed so that every other intersection was
controlled by stop signs. The effect is to cause traffic cutting through a neighborhood to have
to stop at every other intersection. The driver has to "weave" through the neighborhood to
avoid the stop signs. Ideally, the goal is to cause this route of travel to be such a nuisance
that drivers will opt to use the collectors or arterials, which are designed to carry this traffic.
Residents within these areas, who have no alternatives when entering or leaving their
neighborhoods, must continue to stop. However, as noted in the previous memo, the
perception that the stop signs have slowed traffic seems to outweigh the inconvenience the
system causes.
In order to maintain this basket weave design, which must remain intact to maintain this
"nuisance" value, all of the stop signs installed in this experiment would have to remain. If
stop signs are removed, it is likely that drivers will soon find that one particular route is less
controlled than the others and traffic will increase in that location. There may be some
opportunity to move a stop sign dependant upon a particular circumstance, as long as it
maintains a semblance of the basket weave orientation. Stop signs may always be added,
The City Council requested that the Neighborhood Council or Neighborhood Associations be
solicited for their input into the request to tone down the program. The survey form used for
the stop sign program was very effective in providing this opportunity for comment. Of the
1020 surveys which were returned to us, 057 (64.4%) had comments on them. Many of
these comments had to do with the potential for moving, removing or relocating signs. The
following is a list of the top ten comments relating to the location of the stop signs, and the
response from the Traffic Engineer regarding the suggestion:
1. "We do not need stop signs at the mouths of cuPde-sacs (21)."
A basket weave pattern of stop signs is most effective in neighborhoods with a grid
street pattern. It is difficult to fit the basket weave pattern of stop signs to newer
neighborhoods that have curvilinear streets, offset intersections and many cul-de-sacs.
A premise underlying the basket weave pattern is to install a stop sign at every
intersection. Therefore, in the new curvilinear neighborhoods many cul-de-sacs did
receive a stop sign.
An advantage to installing a stop sign on the cul-de-sac stem of a T-intersection is that
e
2
vehicular right-of-way is assigned. Most drivers' intuition is that if they are on the
through street of a T-intersection they have the right-of-way. However, by state law,
if they arrive at the intersection simultaneously with a vehicle on the stem and to their
right, the vehicle on the stem has the right-of-way. This right-of-way assignment may
be contrary to most drivers' intuition. The presence of a stop sign on the stem of the
T-intersection resolves this lecjal dilemma and conforms the actual right-of-way
assignment to drivers' intuition.
If the City Council desires, the stop signs on cul-de-sacs can be removed in the
curvilinear neighborhood and either leave those intersections with no control at all or
replace the stop signs with yield signs.
"The signs at the intersection at F Street and 5th Street should be removed. (18)."
(One respondent commented that the sign at F and 5th should be kept in place.)
The intent of the stop sign at 5th and F Streets in the pattern of basket weaving was
to ensure that there would be a stop on 5th Street between its intersection with 7th
Avenue and its intersection with 4th Avenue. The intersection of 5th and F is a
T-intersection and the stop signs on F could be removed with the stop sign installed
on 5th and the intersection of 6th and F could be made to be an all-way stop. This
would provide the least disruption to the basket weave pattern, it would keep in place
a stop sign on F between 7th Avenue and 4th Avenue, and be responsive to the input
from the neighborhood.
"Signs should be put back in place at the intersection of Kirkwood and Summit (15)."
The stop sign removal at Kirkwood and Summit is beyond the scope of the residential
stop sign program. The removal of this stop sign was at the direction of the City
Council du.ring the reconstruction of Kirkwood Avenue and was directed by Resolution
No. 93 - 91 .
"There should be a 4-way stop at the intersection of Brown Street and Gilbert Street
(9)."
Gilbert Street is now controlled by stop signs with Gilbert Street stopping for Brown
Street. If the City council wishes, a 4-way stop can be installed at the intersection of
Brown Street and Gilbert Street. This would be in excess of the basket weave concept.
"There should be a conventional 4-way traffic signal at Burlington Street and Governor
Street (9)."
This intersection is beyond the scope of the residential stop sign neighborhood and is
the intersection of two arterial streets. The City has been working with the Iowa
Department of Transportation who has jurisdiction over Highway 1 to develop plans
for the installation of a traffic signal at this location.
"The stop sign at Gilbert and Fairchild should be removed (8)."
Prior to the implementation of the residential stop sign program stop signs were in
place on Fairchild givin~ the right-of-way to Gilbert Street. During the implementation
of the basket weave pattern it was determined that Gilbert Street should stop for
Fairchild Street. Stop signs were installed on Gilbert Street so that Gilbert would stop
for Fairchild and the stop signs on Fairchild were left in place creating a 4-way stop.
3
This creation of a 4-way stop was done as' a safety measure that was consistent with
the basket weave plan and also would not put traffic moving on Fairchild at risk from
90 degree collision with traffic on Gilbert who were not expecting or anticipating a
stop for Fairchild, It is recommended that this intersection be maintained as a 4-way
stop.
"There should be stop signs at the intersection of Sheridan Street and 7th
Avenue (8)."
At the present time Sheridan Street does stop and yield to 7th Avenue. No stop signs
were placed on 7th Avenue as 7th Avenue is considered to be a collector and traffic
was maintained along this collector flow. If Council desires this intersection could be
made to be an all-way stop.
"There should be signs at the intersection of Brown Street and Dodge Street (7)."
At the present time Brown Street does have stop signs and does stop at Dodge Street.
This stop sign installation has been a long-standing installation as Dodge Street is an
arterial and a part of Iowa Highway ¢/1 primary highway extension. If it is the
respondent's intention that this intersection should be made to be an all-way stop this
would require the installation of a stop sign on an arterial street which was not the
intent of the residential stop sign program.
9. "The intersection of Lucas Street and Ronalds Street needs stop signs (6)."
At the present time there are stop signs on Ronalds Street so as to provide
right-of-way to Lucas Street. This pattern is consistent with the basket weave for the
rest of the residential street traffic, If it is the respondent's intent to make this an
all-way stop that would be inconsistent with the intent of the residential stop sign
program.
10,
"There should be more stop signs along Teg Drive because of the many children in the
area (5)."
The Teg Drive/Aber Avenue facility is a collector between Benton Street and Sunset
Street. The residential stop sign program spaced two of the intersections on Teg Drive
causing Teg to stop. It was the intent of the installation to space these uniformly to
provide some disruption but at a lesser level along the collector than would be provided
a residential in a grid pattern. As noted above, the application of the basket weave
program to a non-grid street pattern is a less than perfect fit.
As pointed out in the previous memo, the City Council will have to balance such additional
signs against the cost of further driver disregard for city traffic control devices, additional
police enforcement and the hard cost of the program.
cc: Jeff Davidson, JCCOG Transportation Planner
August 11, 1995
Dear Mayor Horowitz:
The Council on Disability Rights and Education (CDRE) committee
on Public Accommodations has the following recommendations
and concerns for access to the sidewalk cafes in the downtown
area.
1)
Detectable area for Individuals who are blind:
· A lowered, taut, rope not mounted higher than
inches from the ground.
· Planters, such as those in use by "Blimple's".
· Wrought iron fences which can be removed in the
winter.
seven
· Staggered or offset roping for entry way into the
care.
2) Planning for adequate space for persons who use
wheelchairs within the designated area (refer to
ADA for etandards on access isles).
Communication:
· Once again, had persons with disabilities been
Included in the planning of these cafe's, it is
most likely that the City Council would not need
to solicit the CDRE for the above suggestions on
how to "better" their access.
We are available if you need further Input with this subject.
Thank you for your time and consideration.
CDRE Public Accommodations Committee
City of iowa City
MEMORANDUM
Date:
August 15, 1995
To:
From:
Re:
Lisa Goodman, Animal Control Supervisor
Linda Newman Woito, City Attorney
City Council Referral to Animal Control Advisory Committee
The City Council has asked me to refer a number of issues to the Animal Control Advisory
Committee, for their review - as well as for your review. It is our understanding that the
Animal Control Advisory Committee is now taking time to review the animal control provisions
in our City Code, and maybe making some recommendations.
As the Advisory Committee does this review of the current City Code, the City Council asks
you to look at the following:
The "pet at large" definition was made more stringent, and now requires a person to
have your own pet, including dog or cat, on a leash in your own yard. Prior provision
required that the pet was not "at large" so long as the pet was on the owner's.own
property, and did not have to be leashed.
e
Pets in a motor vehicle. It is now unlawful to have a dog in the back of your truck or
hanging its head out the window unless it is leashed. Please review this as being
somewhat more stringent than necessary.
Assistire animals. Under the current City Code, only seeing eye dogs are mentioned
as exceptions in the City Code. There may be other species of animals who are
trained to aid persons with disabilities, and the City Council would like you to look at
this issue. Rather than "seeing eye dogs," mentioned in Title 8, §4-6-G for food
establishment, and Title 1 O, §7-7A concerning cemeteries, perhaps we should look at
a more generic term like "animals that are trained to assist persons with disabilities."
Kennels. The City Council would like to have the Advisory Committee look at whether
kennels for animals other than dogs should be included in the regulation of persons
who breed and sell animals, see Title 8, §4-3-1.
Thank you very much for your assistance, and please call if you have questions.
CC:
City Council
City Clerk
City ~nager
Assistant City Manager
CITY OF IOWA CITY
PAP/iS ~ I~C~TION DEPAR%~/E//T
1~ ~1~O 1~ D FJI~
· ·
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
August '14, 1995
Steve Atkins, City Manager_
Ron Logsden, Transit Man!g~er
East Side Loop Route
I would like to update you on the status of the East Side Loop .route which is scheduled
to begin service on Monday, August 22, 1995. I have discussed the revised schedule
with the Grantwood Neighborhood Association and they have assured me that the
schedule serves the needs of the students traveling to and from school. The new route
runs for two hours in the morning and just over two hours in the afternoon.
New route schedules have been made up and are currently being printed. The new
schedules will be distributed to the respective schools, the Grantwood Association and
available on all the buses and regular outlets as soon as they are available. I have
already fo~arded a copy to Marcia Klingaman and the Grantwood Association. Marcia
Klingaman is also working with the Press Citizen to get a press release issued and
possibly an article on the mute with a copy of the time schedule.
ESLMEMO.DOC
Date:
To:
From:
Re:
MEMORANDUM
City of Iowa City
August 11, 1995
Steve Arkins, City Manager
. . ·
R~ck Fosse, C~ty Engineer ~'~
VA Hospital Sidewalk
I recently spoke with Mary about the statfis of her request to remove the existing sidewalk. Mary reported
that she and John Winters had discussed the matter and John will probably not pursue the extension of the
walk to the west. Mary is currently soliciting contracts for snow removal on the existing sidewalk, which
may solve her safety concerns about her employees doing the work.
For now, Mary has withdrawn her request to remove the sidewalk pending her success at securing a private
con~raetor to do snow removal. We will continue to design the Woolf Avenue bridge to accommodate a
sidewalk under the south abutment at some future date.
CO:
Chuck Schmadeke
Denny Gannon
In Conjunction with Homeless Animals
Day:
"Kiss
the
Animals
Good-Bye"
A Documentary Film
Commentary by Coralville-Iowa City Animal
Shelter Director, Lisa Goodman
(Graphic scenes, Parental
Saturday, August
Iowa City Public
Discression
19,4:00
Library
Advised)
P~, Room
al
~onowed ~y a Candlelight :Vigil on
the Pedeetrlan Mall(Stage Area) at 7:00 PM
Sponsore~ by the UI Animal Coalition,the Coralville-
Iowa City Animal Shelter, Protect Our Pets of Iowa and
the Johnson County Humane Society.
If you need special assistance to attend or would like more
information contact 337-8403 or 356-5295.
City of Iowa City
MEMORANDUM
Date: August 16, 1995
To: City Council
From: City Manager
Re: Cryptosporidium - Update
Some time ago we prepared correspondence to you that discussed the issues associated with
the cryptosporidiunVwater crisis in Milwaukee, Wisconsin. Since that time, we have monitored
our water plant carefully and are currently operating our water treatment facilities in a manner that
minimizes the potential for cryptosporidium outbreak, At the same time, we created an informal
technical advisory group of area health care professionals to help develop policies, procedures,
and other information for those citizens who may be at risk. The information/general discussion
process has proceeded well and I wanted you to be aware of our plans to continue such an
advisory group. At this time, there is no need for further public notification for it may create an
unnecessary concam over water quality, We will keep you periodically advised of our work. The
health care professionals represented are from the Veterans' Administration Medical Center, the
University Hospital Epidemiological Offices, Johnson County Heath Department, Hygienic Lab,
Memy Hospital, and various City staff within the Department of Public Works.
CC:
ac~8-t 5.sa
Chuck Schmadeke
August 16, 1995
CITY OF I0 WA CITY
Bruce L. Walker
321 E. Market St.
Iowa City, IA 52240
Re: Confirmation of retaining outside counsel; Jea(~er v. City and Ed McMartin
Dear Bruce:
This is to confirm the City Attorney's Office retaining you as outside counsel in order to take
over the defense of Police Officer Ed McMartin in the above-noted case. Both McMartin and
the City were served last week, and I understand that you will prepare an answer on behalf of
Officer McMartin and file it appropriately with the Court.
This letter shall also confirm retainage of you as outside counsel in the above matter for the
hourly fee of $115, and that the City will pay monthly itemized billings according to a mutually-
agreed-upon format. As discussed, we have confidence you will provide an excellent
representation for Police Officer McMartin, and that you will both fully cooperate with the City
and the City's defense, as required under Section 670.8, Code of Iowa (1995).
Cordially yours,
City Attorney
CC:
City Council FYI
City Manager
Assistant City Manager
City Clerk
R.J. VVinkelhake
Ed McMadin
Anne Burnside
4lO EAST WASHINGTON STREET · IOWA CITY, IOWA $2340-lQ26 * (319) {~6-~000 · FAX (319) 3S6-S00~
August 15, 1995
Cathy Johnson
242 Farson Ave.
Iowa City, IA 62246
CITY OF I0 WA CITY
Deer Ms. Johnson,
I am writing regarding the parking ticket issued to you August 4, 1995. I realize this ticket has
already been dismissed because the meter was found faulty but I do wish to address your
concerns,
It is the policy of the City of Iowa City to issue parking tickets in all instances when the issuing
officer cannot determine if the meter is malfunctioning. If the officer finds a note on the vehicle
but cannot determine that there is a malfunction, they issue the ticket and then report the meter
to maintenance as reported faulty. The maintenance personnel check all reported faulty meters.
To assist the public when there are questions surrounding the issuance of parking tickets, the City
has provided information on the reverse side of the ticket. A phone number and office hours for
reporting faulty meters is provided.
The City recognizes its responsibility to maintain parking meters in good working condition. The
main source of locating malfunctioning meters is the public. Without their assistance in reporting
problems maintenance to the parking meters would be much more difficult.
The form given to you by the Police Department was not correct. It is used for our Administrative
Appeal process where citizens wish to explain the circumstances surrounding the issuance of a
ticket. I have instructed our Parking Manager, Bill Dollman, to prepare instructions to police desk
personnel in order to avoid this problem in the future.
I hope this has answered your concerns regarding the issuar~ce of parking tickets in Iowa City.
If you have any further questions please feel free to contact Mr. Dollman at any time. His phone
number is 356-5094.
Sincerely,
Joe Fowler
Director Parking & Transit
CC:
City Council
City Manager
Parking Systems Manager
CITYVOTE
A National Urban Presidential Primary
August 1995
TO:
CityVote Participants and Other Interested Parties
FROM:
Larry Agran, CityVote Executive Director
Carol Simon, CityVote Project Manager
SUBJECT: CityVote Progress Report
The CityV~ote project, now in its third year, involves a
number of U.S. cities working in concert to establish a national
urban presidential primary. The multi-city presidential
preference balloting will be held on November 7, 1995 -- in
conjunction with local elections taking place on that same date
in cities across America.
In its initial phase, the CityVote project completed a
feasibility study -- authorized by the U.S. Conference of Mayors
-- which was formally presented at the 61st annual meeting of
the Conference of Mayors. That study recommended a national
urban presidential primary as a practical idea that should be
implemented in cities throughout the country.
Upon completion of the feasibility study, we entered into
the "implementation phase" of CityVote. This has been the
focus of our work for the past 26 months. The main goal during
this phase was to secure official commitments of CityVote
participation in at least 15 diverse cities across the country: small
cities, large cities, Lnner cities and suburban cities. We are
pleased to report that we have already exceeded our goal.
As of August 1, there are a total of 18 communities
participating in CityVote. The total population in the CityVote
participating communities is 3,536,938. These communities
represent small cities, large cities, inner cities and suburban
cities. And they represent a geographically diverse cross section
of America, from Spokane to Pasadena, from Tucson to Boston.
The participating communities include: the Twin Cities
of Saint Paul and Minneapolis, MN; Pasadena, CA; Tacoma,
Olyf~pia, Turnwater and Lacey, WA; Boston, M_A; Moscow, ID;
Fayette, MO; Tucson, AZ; Rochester and Greenburgh, NY; the
City and County of Spokane, WA; Boulder, CO; and Coeur
d'Alene, ID. Baltimore, MD is also a participating city, subject to
resolving legal obstacles posed by state law.
14978Sand Canyon Avenue, Suite A · Irvine, CA 92718 ,, (714) 552-9596 · FAX (714) 552o9599 · EMAIL: cityvote~aol.com.
Page
d
page 2 of informati
from City Vote,
included in 8/18 in
packet
In recent months, our CityVote project staff has been working with
local elected officials and activists in the officially participating cities to define
the specifics of their participation. Depending on local interest and /
sponsorship, a city can choose to become involved beyond the CityVote J
ballo. ting itself. For example, a city may decide to host a televised CityVot~ J~]~
presld.ential candidate debate and encourage a wide range of ancillary ~
activities. ~
Planning is uhderway for a series of nationally televised presidential
candidate debates in October and November of 1995, leading up to the
November 7th CityVote presidential preference balloting. Minneapolis/Saint
Paul has been designated the site for the first of the debates, on October 8th.
The second debate will be in Spokane on October 22nd. A third~iebate site ~s
likely to be Boston, on November 5th.
In addition to the debates and the CityVote balloting, we are pleased to
announce two additional elements of the CityVote project. The first of these
is the CityVote Polling Project. Professor Mike Hksch, our CityVote
coordinator for Fayette, Missouri, has assembled a student research team at
Central Methodist College in Fayette to assist in a national polling project for
CityVote. The first national poll will take place in August, others will follow
in September and October. The aim, of course, is to focus candidate and
media attention on America's cities, instead of on Iowa and New Hampshire.
The second new development is the CityVote On-Line "Home Page."
CityVote On-Line will be a useful tool for grassroots outreach during the
entire presidential campaign cycle. Through CityVote On-Line, voters will
learn about the candidates participating in CityVote. They will also learn
about our member cities and the specific involvement of each city --
including information about the series of nationally televised presidential
candidate debates and the November 7th CityVote balloting.
As we prepare for the 1995-1996 election cycle, it is evident that
CityVote is establishing an ideal political environment for organizing and
educating citizens localIy, while simultaneously shaping a national dialogue
on urban issues. CityVote, which began as an innovative idea, is now a
growing institutional reality that promises to empower urban dwellers,
transform our national politics, and r~generate our democracy.
For more information about CityVote, please call or write our national
office at: (714) 552-9596 or 14978 Sand Canyon Avenue, Irvine, CA 92718.
Thank you.
CITYVOTE
A National Urban Presidential Primary
14978 Sand Canyon Avenue, Suite A · Irvine, CA 92718 * (714) 552-9596 * FAX (714) 552-9599
~I.~~~r ~'1~1~
page 2 of information
from City Vote, included
in 8/18 info. packet
CityVote-Qualifying Presidential Candidates
.(August 1, 1995)
On June 1, 1995, the CityVote organization published the attached "Final
Recommended Criteria for Candidate Participation" - a document to be used in
determining candidate qualification for the November 7, 1995 CityVote ballot.
The "Final Recommended Criteria for Candidate Participation" sets forth
the following general principle of inclusion that has guided the CityVote
ballot-access process from the begirming:
Ballot Access Qualifications. Candidate qualification for
the November 7,1995 CityVote presidential preference
ballot shall be based on criteria that are objective and are
intended to include candidates for the office of President
of the United States who are organizing and conducting
nationally significant campaigns.
Applying the CityVote Recommended Criteria, the following 19 candidates
(listed alphabetically) are recommended for inclusion on the November 7, 1995
presidential preference ballot:
x, Lamar Alexander (Republican)
. .
~/~-'>Harry Browne (Indepenaent/L~bertanan
Pa~ Buchanan (Republican)
Bill Clinton (Democrat)
Bob Dole (Republican)
Bob Doman (Republican)
AR Fletcher (Republican)
Steve Forbes (Republican)
Phil Gramm (Republican)
John Hagelin (Independen~Nat~al Law P~)
Jesse Jackson (Independent)
~ Keyes (Republican)
L~don. LaRouche (Democra0
~chad Luga (Republics)
Ross Perot (Independent)
Colin Powell (Independent)
Arlen Specter (Republican)
.
~11~ffLowell Welcker (Independent)
Pete Wilson (Republican)
Page -2-
Of the listed 19 candidates recommended for inclusion on the CityVote ballot,
14 are declared candidates who have met ballot-access criterion I.A. or the ballot-
access criteria set forth in LB. These candidates are: Lamar Alexander, Harry
Browne, Pat Buchanan, Bill Clinton, Bob Dole, Bob Doman, Art Fletcher, Phil
Gramm, John Hagelin, Alan Keyes, Lyndon LaRouche, Richard Lugar, Arlen
Specter, and Pete Wilson.
The following 5 not-as-yet-declared candidates are recommended for inclusion
on the CityVote ballot pursuant to criterion I.C.: Steve Forbes, Jesse Jackson, Ross
Perot, Colin Powell, and Lowell Weicker.
Criterion I.C. provides for inclusion of not-as-yet-declared candidates on the
CityVote ballot where there is substantial evidence that these individuals are
"more likely than not to be organizing and conducting nationally significant
presidential campaigns in 1995-1996." The following is a brief explanation of
why 5 not-as-yet-declared candidates are recommended for inclusion on the
CityVote ballot:
Steve Forbes was included based upon his own widely reported public
declarations that he is considering entry into the 1996 Republican primaries and
that he is prepared to underwrite his presidential candidacy with $10 million in
personal funds. (See, for example, Newsweek July 24, 1995, "Richie Rich on the
Stump," by Howard Fineman.) These factors make it "more likely than not"
that Mr. Forbes will be organizing and conducting a "nationally significant
presidential campaign" in 1995-1996.
Jesse Jackson was included based upon his repeated public statements
that he is considering either a challenge to President Clinton within the
Democratic Party or, more likely, an Independent bid for the presidency in 1996.
(See, for example, The New York Times July 18, 1995, "Weighing Run, Jesse
Jackson Shrugs Off His Party's Label," by Richard L. Berke.) Mr. Jackson's
previous bids for the presidency and the apparent readiness of the "Rainbow
Coalition" organization to advance his candidacy make it clear that any
campaign he might initiate would be "nationally significant."
Ross Perot was included based upon continuing widely reported speculation
that he will again seek the presidency as an Independent. (See, for example, the
Reuters wire story, July 25, 1995, "Perot Bids Again for Political Spotlight," by
Alan Eisner.) Mr. Perot refuses to rule out such a possibility. Because of his
personal wealth, his demonstrated readiness to commit millions of dollars to his
own presidential campaign, and the available support of the "United We Stand"
organization, any campaign for the presidency that Ross Perot might initiate
would be "nationally significant."
Page -3-
Colin Powell was included b.ased upon widely reported speculation that he
will seek the presidency -- most likely as an Independent -- in 1996. (See, for
example, Time July 10, 1995, "The Powell Factor," by John F. Stacks.)
Mr. Powell's refusal to rule out such a possibility, his continuing popularity as
reflected in public opinion polls, and the active work of groups to draft Powell as
a presidential candidate led to the conclusion that it is "more likely than not"
that he will be a candidate for the presidency in 1995-1996 and that his campaign
will be "nationally significant."
Lowell Weicker was included based upon widely reported speculation that he
will be an Independent candidate for the presidency in 1996. (See, for example,
Los Angeles Times July 17, 1995, "Washington Outlook: 'Maverick' Lowell
Weicker Seems Drawn to 3rd-Party Presidential Run," by Ronald Brownstein.)
Mr. Weicker has not discouraged such speculation, and he has indicated that he
continues to weigh the prospects for a presidential bid. ' His success as an
Independent candidate for Govemor of Connecticut in 1990, and his continuing
public expressions of interest in an Independent presidential candidacy make it
"more likely than not" that he will be conducting a "nationally significant"
campaign for president in 1995-1996.
(A review of a possible Newt Gingrich presidential candidacy led to the
conclusion -- based principally on Mr. Gingrich's own recent public statements --
that it is not likely he will be a candidate for president in 1995-1996.)
Note: It must be emphasized that the 19 names listed above are
recommended for inclusion on the November 7, 1995 CityVote presidential
preference ballot. In each CityVote-participating city, the final decision for ballot
inclusion will be made by duly authorized elected and appointed officials. City
authorities may decide to: (a) accept these recommendations without change;
(b) add specific names to the ballot, based upon stated criteria; or (c) remove
names from the ballot, based upon stated criteria.
Summary
Information
About CityVote
The CityVote project involves
15-20 U.S. cities working in
concert to establish a national
urban presidentia:.l primary. This
first-ever multi-city presidential
preference balloting will be
conducted on November 7, 1995
-- in conjunction with local
elections taking place this same day
in cities across America. The
balloting is non-binding-- no
delegates are at stake.
The CityVote ballot contains the
names of candidates who are
organizing a nationally significant
campaign for the,presidency.
Republicans, Democrats and
Independents are listed on one ballot.
You may vote for any ONE candidate,
regardless of your party registration.
tamar .A. [exander
Repubhcan
ladepenal"' '
Buchanan
~ublican
~111 Clinton
Democrat
Dole
,ub~ican
Domart
~blican
~licen
~blican
ohn Ha~e_~,n (Natural LaW partY)
indepenou"' "'
Jesse jac, gs?n
lndepenaen[
A~an ~es
Repubhcan
radon taRoucAe
~emocrat
Lugar
'ican
peter
Independent
Colin powell
independent
n Specter
~blican
~/eicker
~ndent
~blicaa
CITYVOTE
FINAL RECOMMENDED CRITERIA FOR CANDIDATE PARTICIPATION
Oune I, 199.5)
I. Ballot Access Qualifications. Candidate qualification for the November 71'1995 CityVote presidential preference ballot
shall be based on criteria that are objective and are intended to include candidates for the office of President of the
United States of America who are organizing and conducting nationally iigniflcant campaigns.
A. The CityVote presidential preference ballot shall include the name of an incumbent President who would not
be barred by the Constitution's 22nd Amendment from seeking another term.
B. In other cases, to qualify, for the CityVote presidential preference ballot, an individual must be a publicly
announced candidate for President in the 1996 election who has filed a declaration of candidacy with the
Federal Elections Commission (FEC); must meet the constitutionally prescribed qualifications for President;
and must meet at least three of the following criteria: ~
1. He/she has received in 1995 at least $100,000 {n total presidential campaign contributions which are
legalIs, qualified donations (pursuant to FEC rules) of $1,000 or less. For purposes of meeting this
criterion, no more than $10,000 may be attributed to any one state.
2. In each of at least 15 states or territories, he/she has received, in 1995, $2,000 or more In total
presidential campaign contributions which are legally qualified donations (for FEC matching purl~es}
of $250 or less.
3. He/she has received 2% or more (without regard to "margin of error") in a national presidential
preference poll conducted in 1995 by a reputable, independent polling entity.
4. He/she has provided substantial evidence that in the coupe of the campaign halshe will actively compete
for support in at least 15 caucus states and will qualify for the ballot in at least 10 primary election
states under the applicable ballot access laws of those states. These IO must include at least two states
with signature-gathering requirements.
5. In the case of an independent candidate (a candidate not running as a Democrat or Republican),.
he/she has provided evidence of sufficient organization making it more likely than not that halshe
will quailS, for the general election ballot in at least 35 of the 50 states. For a tim.time independent
candidate, evidence of campaign organization making it more likely than not that he/she will quali~
for the general election ballot in at least 30 states sh. all be sufficient.
6. He/she has held elective national, state, or local office in a jurisdiction where there were 10,000 or
more registered voters.
C. The CityVote presidential preference ballot may also include the names of Individuals who meet the
constitutionally prescribed qualifications for President and who, in the sole judgment of the duly authori:ed
city official or officials, are more likely than not to be organizing and conducting nationally significant
presidential campaigns in 1995.1996.
D. Notwithstanding the qualifications for the CityVote presidential preference lyallot set forth under the p~ovlsions
of Sections I.A., I.B., and I.C., an individual may have his/her name removed from the ballot by executlng and
filing with the duly authorized city official or officials an affidavit statlng without qualiticatlon' that he/she ks
not now, and will not become, a candidate for the office of President of the United $tat~ in the 1996 presidential
election.
1I. Participation In Debates or Fontms. Candidate qualification for participation In CityVote prtsidentlalcandldate debates
or forums shall be the same as specilled for ballot access in Section I, provided, however, that a candidate will be required
to acknowledge hidher candidacy and accept a forthal invitation, in writing, In order to participate In adebate or foram.
IlL Revtew o{ Declslons. If it Is decided that an Individual Is not quailfled for the CityVote presidentialpreference ballot
and/or participation In CityVote presidential candidate debates or forores, he/she malt request recomldezation by the
appropriate authorities.
Meeting with Mayors/County
Landfill Issues
August 21, 1995 - 7:00 p.m.
Iowa City Council Chambers
Introductions
City. owned/regional landfill service
Regulatory responsibilities
Day-to-day operations
Volume reduction
Closure
Post-closure management (30 years)
Landfill services
Final disposal site
Off-site disposal - tires, white goods, etc.
On-site disposal/processing - yard waste
Drop-off sites
Toxic clean-up
Education
Finances
Financed by fee for service
City financial backing
No debt
Adequate reserves
20-year life/50-year obligation
Future Concerns
Changing regulations of DNR & EPA
How to meet reduction goals
Rising cost of closure
Need for agreements with users
Future services
Method of governance/future operations
rng~8-21.agd
JOHNSON COUNTY RUDITOR TEL:319-356-6086 Rug 21,95 15:57~~_~P.D1
Schools. Iowa Code
· ~S 47,2(i), 47,3 (1991). .~olitieal sUbdivim£onm may only
a~e not b~nd~q on gOver~ent
expended
October 2,.
You ~v~ ~sked for an open/on {~m o~ o{{1c. ~ ' m
~n mt~ers t~ are nob specifically authorized o
a r~e~t o~ 'peri,Ion, the county c0~iaalo~e~ of
th~ ~u~horlty to ~ei~Se to c~duct such an election. You have
also ~k~ what entity pays ~e exposes of conducting much an
~alon that ~lac~lons ~y only be held
a upon mtte~s which
speoltlc~lly authorized ~ the Constitution o~ s~tutes'of the
We Mve px~vtoualy opined on ~sva=al relat~ /smuts.
19-72 Op,att'yGen, 263, ~ held tMt In the absence of
const[tut10n~l or statutory autho~l~y~
~n to the vober~ at a regular Sub~ieOion o~ 2
~u~sti¢ municipal o~ suhoo! elect
~--~p-~ n~e ~ie ~mnamenc to ~Ub~t an taaua ~o '~-vo~tS
directly relat~ to ire ~iclpal ~fatrs and autotimed by
s~atut~. I~ ~hit opinion, Attorney ~er~k Tu~e~ stata~:
~ find no authority, express or '~plied, for
the submission of such an issue ~o ~he paople
district o~ other political 0u~iviston
tho~aof. All ~ovez~nt oleatton~ In Io~a ·
o~tbed. ) ~lnoe ou~ election laws ~ so
ea~egully de~all~ and ~rador~od, X ~.t
30HNSON COUNTY RUDITOR
TEL:$19-356-6086 Rug 21,95 15:55 No.012 P.02
The Honorable Blaine aaxte~
couclvde that in absence
- voters are
1972 Op.Att~]6]en. 263~
We h~ve al~o opined that ~ a~oinl elmorion for a public
opinion poll is not a~thorla~d by the Constitu~ion or the Code.
1572 O~.Att'y~en. 520.. In 1~7§~ we Opined that th~ ~uni~ipal
home z'ule amendment does not give oAtlee ~he a~th~=ity to~ by
municipal cha~er, establish a tlfl~e of election not othezwl~e
allowe4 by law. 197~
~n 1977~ wo opined that a city council must d~rmlne
whether a locality is to have a Sunday liq~o~ sales ozdinanca and
that submitting. such a question to th~ vote~ in a popula~
community eleo=zon'was feteclosed. 1~78 Op,Att,1~len. 81. There
we noted that~
right to hold initiatives or referands undez
t~ese provisions, held Invalid an o~dinance
~a~sed site= such an election because the
que~£on was one which ~ae to be decided by
the council since it did not fall An the
catego~ of question which could be
The oent~l ~ome of all of these p~vious o~inXona t~ that
law or th~ constitution. No tndap~den~ authority to
questions on the ballot or tO Cond~c~ elactto~ ~o~
au~o=lzedby law is .... ~= .._ _ _.. .. re~ul~d or
opinions unless they are clearly e~oneous. l~O00p.Att'~n,
107, 108, State and local officers are entitled to rely on the
duties. ~ith thl~ ~tandaa in mind, we have con~lder~ the
above ~efe~ed to o~lntoae of thl~ office and find ~
In addition ko p~vtous opinions o~
a~tho~it~ indicates that ~--'- . . ollie, o~h~z
' ~=~zons may onx ~s ~al~md and h~ld
wner~ SpecifiCally autho~t~ by the C%n~t~tutlon or statutes
JOHNSON COUNTY AUDITOR TEL 6086 A § 21 03 '~fi
.~19-556- u ,95 15:53 No.012 P.
cannot vo%e ualeem aa~h0rZsed b~ ~he
We also no~ t-.he tollo~tn~ gene~al
It l~ fundamental that a valid eleo=Lon
oinno~ bm called and held except by authority
~ia~i~ a~dtvl~ion ~eeof, to hold the
c~ns~ttut~onal or ata~uto~au~o~tty, or
s~h ola0~ton was ~al~ly and hons~ly
conducted,
26 ,]~,O'ur,2d ~leotions ~
With these authorities and previous opinions In ~ttnd~
conclude ~hat political ~ubdivts£on~ ~ay only au~horlme ~h~
presenting of queen,cam to vo~e~S on ~a%~oro ~at m~
ao.~&oo~one~ oi elect~ons Is ~u~ed to oonduo~ all ~leotiona
within ~he county. 'Io~ Code ~ 47.2,
~(1) (1991}. Th~
of electlone does a0~ have ~e authogl~y ~o conduct an illegal or
unau~ho~iz~ eleation~ ~nd, ~he~efo=e~ does have the e~O~lt~ ~o
~fuae ~ conduct an election l~ the election is not
autho~taed o~ ~ulz.~ by statute or by the Constitution.
~esults o~ an unluto~tsed slectl~ 6~e no~ blndln~ upon ~n~
authorities at local go~e~nt or of' the state. Public ~unds
· ay be a~t p~auan~ ~o Code meation 49.3 fo~ ~ p~po~e of
conducting electionS. P~l~e iu~do ~y n~t ~ exp~d~
~o caste fo~ the holding of such ~ ~auth~rlzed eleat~o~.
City of Io~va City
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 22, 1995
Memo for Reco~
City Manager
Material Mailed to Council Only
Memoranda from the City Manager:
b. Financial Overview - Council Candidate Work Session
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 22, 1995
City Council
City Manager
Financial Overview - Council Candidate Work Session
After discussions with some of the Council candidates, we, that is the City staff, feel a financial
briefing to potential candidates would be helpful. I discussed the matter with the Mayor and she
concurred. It is intended this will be an overview of financial issues in order to allow candidates
to be more knowledgeable about municipal finance issues. The attached memorandum was
directed to the Council candidates.
cc: City Clerk
Director of Finance
b~ve~de',v
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 22, 1995
City Council Candidates
Stephen J. Atkins, City Manager
Council Candidate Work Session -- September 14
On Thursday, September 14 at 7:00 p.m. in the Iowa City Council Chambers, the City staff has
scheduled a financial briefing for those persons interested in candidacy for the City Council. This
work session is intended to provide information concerning Iowa law as it relates to municipal
finance and related issues, We will also discuss relevant state and federal regulations. Iowa has
complex and restrictive laws with respect to municipal finance, notably property tax, and we felt
it would be helpful to candidates to have some understanding of those financial issues.
This briefing is not intended to be a forum for debate but rather a method to convey information
to assist you in your decision making associated with your candidacy. We would expect the
workshop to last 1-1/2 to 2 hours. This is an open meeting.
Another workshop on current issues will be held in October.
CC:
bC4-1SA
City Council
Director of Finance
News Media
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 25, 1995
City Council
City Manager
Material in Information Packet
Copy of letter from Mayor Horowitz to mayors of Shueyville, Swisher and
Solon regarding landfill meeting.
1996 Legislative Objects from the Iowa League of Cities.
Memoranda ~rom the City Manager:
a. Traffic Study ~ 1900 Block of Taylor Drive
b. EPA Notice of Violation - Asbestos
c. Filter strip Proposal - Coralville Lake/Corps of Engineers ~2
d. Multi-Family Dwelling Recycling Committee - Update
e. Additional Financial Information for Council Candidates
Memoranda from the Director of Housing and Inspection Services:
a. Broadway Sale/Development of Public Housing
b. Comprehensive Improvement Assistance Program (CIAP) Application ~_
Memorandum from the Director of Planning and Community Development regardinq
the Neuzil property.
Copy of letter from Director of Community Planning and Development
Division of HUD regarding 1994 HOME Program.
Copy of letter from the Chair of the JCCOG Urbanized Area Policy Board
regarding proposed cuts in Federal Transit Operating Assistance.
Material from the Ci~ Attorney:
a. Memorandum regarding partial litigation update
b. Copy of letter to the Supreme Court Adviso~ Co,mitre on Rules
regarding request for amendment regarding student practice
Memorandum from the Ci~ Clerk regarding Council Work Session of August
14, 1995.
Minutes of the June 22, 1995, meeting of the PATV Board of Directors.
Articles:
a. Putting Collective Back into Bargaining
b. Developing Sustainable Communities
Agenda for the 8/29 Informal meeting of the Bd. of SuperviSors. ~
b[emo from Parking & Transit Director regarding Parking Ramp LiRhting Project~_
Memo from Parks & Recreation Director regarding vandalism at College
Green Pa~k.
Copy of letter from Secretary of State to Johnson County Auditor
regarding presidential straw poll.
Info Packet
August 25, 1995
page 2
Copy of letter from Mayor to IDOT regarding
and Naples Ave. intersecting with Hwy. 1.
Lee Rd.
CITY OF I0 WA CITY
August 24, 1995
Mayor Duane Sivertsen
City of Shueyville
1208 Curtis Bridge Rd. NE
Swisher, IA 52338
Same letter to:
Mike Scheib, Hayor of Swisher
Steven Grover, Hayor of Solon
Dear Mayor Sivertsen:
I am sorry you were unable to attend or have a representative at our landfill meeting on
August 21. We were fortunate to have a good turnout and the discussion, I believe, was
productive as we took an opportunity to explain landfill operating policies, procedures and the
landfill finances. Additionally, we discussed futura issues, particularly those associated with
state and federal regulations. If you would like a copy of the transcript or audio cassette, you
may feel free to contact the City Clerk's office at 356-5040. They will be happy to provide
a copy to you. Hopefully, at future meetings, we can look forward to your attendance.
Sincerely,
Susan M. Horowitz
Mayor
co: City Council
City Clerk
City Manager
410 EAST WASHINGTON STREET · IOWA CITY. iOWA ~2240-1~26 · (319) 356.S000 · FAX (3 19) 3S6-]009
1996 Legislative Objectives
Pursue legislation that provides for the uncoupling of residential and agricultural
property values for purposes of determining taxable values.
Oppose passage of the Stanley Amendment, or so-called Taxpayers' Rights
Amendment, to the Iowa Constitution.
Pursue legislation that provides cities with additional options to develop housing
based on the needs of the individual communities, including making adequate
appropriations to state programs that assist in housing development.
Pursue legislation that enables cities, through local ordinahces, to negotiate with
industrial and commercial interests on how machinery and equipment taxes will
be addressed in existing tax increment financing districts.
Pursue legislation to narrow the definition of organizations eligible to receive
property tax exemptions and to require owners of tax-exempt properties to pay
fees to cities for the provision of ba,G.c public services, includingpolice ,and fire
protection. stroet maintenanc~ and utility s~rvi~b~r .or y,;rd ~
nO
Pursue legislation that authofize~oiti~s f0 zone animal confinement facilities that
lie within two miles of a city's corporate limits.
Pursue legislation that allows cities^-t. aexpand t~st4ng for drug and alcohol use.a~
M[ city employees, utilizing standre, diced teeing provision6 of ~
Transportatior~ Em~o~,~,~ Te~'ting'A~,t of 1.991.
Pursue appropriations to fully fund the Law Enforcement Officer Training
Reimbursement Fund to cover qualified requests.
Pursue appropriations to fully fund the Iowa Law Enforcement Academy to meet
the training needs of Iowa's law enforcement agencies.
10.
11.
Pursue legislation to allow municipal infractions with civil penalties totalling less
than $4,000 to bensettled in areall etafire court.
Oppose takings or inverse condemnation legislation that requires governmental
agencies to provide additional compensation to property owners for actions that
restrict the use of property or diminish its market value.
12. Oppose unfunded state mandates that direct resources away from local priorities.
13.
Oppose further state exemptions to property taxes without adequate and consistent
reimbursements to local governments.
~ A47. ~- Pursue L-gialation to ~1ow cities access to t~ Iox~a Communicatiom ~
'-' ....."'"= ......................
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 24, 1995
City Council
City Manager
Traffic Study - 1900 Block of Taylor Drive
You may recall a recent news story concerning speeding on Taylor Drive. The news story
expressed a variety of concerns about the traffic on this street. The Police and Traffic
Engineer undertook an abbreviated traffic study for an 18-hour period beginning Friday,
August 18 at 6:00 a.m, and ending Saturday, August 19 at 12:00 a,m. The recorded volume
showed 1,787 vehicles during that period of time, with half of the vehicles traveling at a 23.4
mph speed or lower. The 85th percentlie speed was 29.3. While the study was limited, it
did not indicate any significant excessive speed given the volume of traffic. There were
isolated incidents of speeding, but the overwhelming volume, as represented by the 85th'
percentlie, was near the 25 mph posted speed limit. We will periodically check this street to
see if there are some other circumstances we may have missed.
CC:
b~taylor
Chief of Police
Traffic Engineering
City of Iowa City
MEMORANDUM _ -
Date:
To:
From:
Re:
August 23, 1995
City Council
City Manager
EPA Notice of Violation - Asbestos
We have received a notice of violation from the United States Environmental Protection Agency
concerning asbestos at our landfill. The EPA inspector noted in the administrative order that the
City had not submitted a report as required by the federal government. We have since spoken
with representatives of the EPA and the state DNR. We advised the EPA the reports for which
we were cited had been routinely submitted to the state DNR. We further believe we were in
compliance. The DNR has apparently not forwarded this information to the EPA. It is an
unfortunate and costly process when the EPA could have secured the information directly from
the City by simple requests or from the DNR, which has apparently had.the information all along.
To the best of our knowledge we have fully complied with all information and report requirements
of the EPA. Apparently something broke down in both the DNR and EPA offices. We were also
to have been provided a copy of the inspector's report, before, any administrative order. We were
not.
We will track this issue and while it is not a matter of major concern, the fact that the DNR and
EPA have not communicated effectively is a cause for concern to us. With a federal agency
inspecting our landfill and a state agency al~o sharing responsibility, who we are supposed to
serve in the compliance process is difficult to ascertain at times.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 23, 1995
City Council
City Manager
Filter Strip Proposal - Coralville Lake/Corps of Engineers
You may recall that many months ago I directed a proposal concerning filter strip legislation and,
in particular, how the Corps of Engineers could participate in such a proposal. As you might
further recall, the overwhelming majority of the river frontage along the Iowa River in Johnson
County and north of our water treatment plant is owned by the federal government. The attached
correspondence explains their position on this issue and appears to be favorable. They indicate
their leasing policies incorporate soil conservation measures, as well as the generalized issue of
providing a filter strip.
I think we can consider this a reasonably favorable response to our filter strip proposal and can
use it effectively in encouraging the state to adopt similar policies for the shoreline of rivers
throughout iowa.
Attachment
cc: Chuck Schmadeke
DEPARTMENT OF THE ARMY
ROCK ISLAND DISTRICT. CORPS OF ENGINEERS
CLOCK TOWER BUILDING -- P.O. BOX 2004
ROCK ISLAND. ILLINOIS 6'1204.2004
August 16, 1995
Real Estate Division
SUBJECT: Coralville Lake Project, Filter Strip Proposal
Mr. Stephen J. Atkins, City Manager
410 East Washington Street
Iowa City, Iowa 52240-1826
Dear Mr. Atkins:
This is in response to your request for consideration of a
proposal to provide vegetative filter strips along the shoreline
of the Iowa River on Federal lands at Coralville Lake. This
follows up a previous conversation you have had with Mr. Dick
Mattson of this office regarding the proposal. We understand
that the proposed filter strips would be a narrow stripof
natural vegetation, 15 to 20 feet wide, along the shoreline of
the Iowa River in areas where the adjacent lands are used for
agricultural purposes.
We have reviewed the lands the Corps of Engineers leases for
agricultural use. Those lands are located a substantial distance
(200 feet or more) from the shoreline of the summer operating
pool area of the Iowa River, as impounded by the Coralville Lake
Project. There is a substantial area of natural. vegetation
between the agricultural lands and the shoreline of the summer
operating pool area; therefore, any runoff from those lease areas
is already separated from the shoreline by a vegetation zone.
Most of the vegetation immediately adjacent to the shoreline is
annual vegetation, which regenerates each year. Trees and other
types of perennial vegetation do not survive adjacent to the
shoreline of'the summer operating pool due to frequent inundation
of those areas by the operation of the Coralville Lake Flood
Control Project. Our leases also incorporate appropriate soil
conservation measures to reduce the potential for agricultural
runoff from those lands, such as plowing and planting sloping
areas on the contour, restricting fall tillage, and requiring
crop residue to be left on the fields.
Since our agricultural lease areas are separated fr~m the
summer operating pool area of Coralville Lake by a zone of
natural vegetation, it appears that implementation of the filter
strip proposal would not be applicable in those areas.
-2-
The Iowa Department of Natural Resources also has farming
agreements on land they manage at Coralville Lake in the Hawkeye
Wildlife Area. We have forwarded your proposal to the Department
of Natural Resources and asked them to identify any potential for
the proposal to be implemented in the areas where they have
farming agreements. Upon receiving a reply from the Department
of Natural Resources, we will forward the information to you.
If you identify any specific sites on the Federal land at
Coralville Lake where you would like to pursue the filter strip
proposal further, please feel free to contact Mr. John Castle,
Coralville Lake Park Manager at (319)338-3543. Mr. Castle will
be able to arrange for someone to visit any site specific areas
with you to determine the feasibility of implementing the
proposal at that location.
Some of the land within the Coralville Lake Project is not
owned by the United States. In the areas upstream of the
boundary between Iowa and Johnson Counties, the United States has
only easements to overflow and flood. Those lands remain in
private ownership and the Corps of Engineers does not control the
agricultural use of those lands.
If you have any questions, please feel free to contact Mr.
Dick Mattson at (309)794-6063.
Sincerely,
Copy Furnished:
Honorable Jim Leach
Representative in Congress
102 South Clinton, ~505
Iowa City, Iowa 52240-4025
Karen J. Grizzle
Acting Chief, Real Estate Division
City of Iowa City
MEMORANDUM
Date: August 18, 1995
To: City Council
From: City Manager
Re: Multi-Family Dwelling Recycling Committee
- Update
The Multi-Family Dwelling Recycling Committee will havetheirfinal meeting in mid-September.
The committee requested that we wait until September due to the committee's lack of
consensus on many issues and the low attendance at the last couple of meetings. The low
attendance is due to vacations and the busy apartment rental season. We hope that waiting
until September will help attendance and give committee members time to think about the
issues and a final recommendation.
We will keep you apprised as to the committee's recommendations.
ac~-lS.sa
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 23, 1995
City Council Candidates
City Manager
Additional Financial Information
Attached are various documents from the City's three.year financial plan which will offer you
further explanation of and thereby hopefully assist in your understanding of municipal finance
issues and, in particular, City policies.
If you have any questions you would specifically like addressed at our September 14 work
session, please feel free to call my office at 356-5010 orthe Director of Finance, Don Yucuis, at
356-5050. As we indicated, this work session is specifically intended to provide background
information for you on financial issues.
Also, we have tentatively set Tuesday, October 17 as the Council candidate briefing session on
City Issues.
Attachments
bl~dd~nfo
cc: Don Yucuis
City of .Iowa City
MEMORANDUM
Date:
'[o:
From:
Re:
August 25, 1995 . ,~"~
Broadway Sale/Development of Public Housing
Recently, the Department of Housing and Urban Development informally advised me that the
City/PHA's application for acquisition of 18 single-family replacement units will be denied due
to the lack of federal funding. While this is disappointing news, it was not totally unexpected
in light of recent actions by Congress.
The City/PHA can still pursue the sale of Broadway to HACAP for the purpose of establishing
18 transitional housing units and the development of other public housing. To proceed, the
Public Housing Authority must amend its disposition/development plan and resubmit to HUD
by mid-September 1995.
The amended plan can be more flexible than the previous plan. The plan can: include
acquisition and/or development; be located anywhere in Johnson County subject to the
appropriate 28E agreement(s); and, include single-family, duplex, multi-family, and c~ndomini-
urns dwellings. The amended plan must pledge all sale proceeds from Broadway (9750,000)
to the development of other public housing and demonstrate to the satisfaction of HUD that
the total amount of low income housing is not being reduced. This criteria will be met
because 18 public housing units at Broadway are being maintained as low income housing for
the purpose of transitional housing and the sale proceeds would be used to develop additional
low income housing.
I am requesting the Public Housing Authority's authorization to resubmit an amended
disposition/development plan that provides the greatest' flexibility and most cost effective
means in developing public housing, In general, plans should include the following:
1. the immediate development of public housing units;
2. public housing development that includes new construction and/or acquisition;
housing units that may include single-family, duplex or low density multi-family
dwellings;
housing units that may be located anywhere in Johnson County subject to 28E
agreements with the appropriate jurisdictions within which they are located; and
all sale proceeds from Broadway committed to the development of other public
housing.
The total number of public housing units that can be developed is determined by the amount
of money available. The sale proceeds from Broadway is 9750,000, which allows the
development of approximately eight or nine housing units. In order for the Housing Authority
to use the $750,000 for immediate development, it will be necessary for the ~ouncil to "up
front" the difference (t~608,353) between HACAP's downpayment ($141,647) and the
Broadway sale price of t~750,000. The principal and interest paid by HACAP over the term
of the 10-year contract fully reimburses the City for th(~ cost of up[ronting the money. In
addition, if the Council wishes to develop more public housing units than provided by the sale
proceeds of Broadway, other funds can be used. Such funds would include the $150,000
HOME match (currently available) and/or 9300,000 from 1994 HOME and CDBG allocations
(may be available in near future).
I will be at your informal meeting of August 28, 1995, to discuss this matter with you. Thank
you for your consideration,
bl~broadwBy
Date:
To:
From:
Re:
City of Iowa City
MEMORANDUM
% c
In May, 1995, the Public Housing Authority applied for 9310,000 in ClAP funds. This was
the first time the Public Housing Authority had applied for funding under the ClAP program.
I have been informed by Senator Harkin's office that the Public Housing Authority will be
awarded t~133,287 of ClAP funds. These funds are for needed repairs of existing public
housing physical systems, i.e, furnaces, water heaters, siding, etc. This award will improve
the public housing stock, reduce maintenance costs, and enhance the financial position of the
Public Housing Program.
b~,cJapappl
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 11, 1995
City Council
Karin Franklin, Director, Planning & Community Developm~
Neuzil Property
At the April 10 work session of the Council, a request was made for further discussion of the
Neuzil tract in terms of more information about the parcel and the significance of this piece of land
for Iowa City. You had received at that meeting a brief history of the zoning of the property
(enclosed). Below is additional information about the property and a brief discussion of the
benefits/importance of the 'fact to Iowa City. This information is being presented to you since the
Neuzil property will likely be a topic of discussion at your meeting on September 5 with the
University Heights City Council.
The Neuzil property is an 8.55 acre tract which is largely undeveloped. There are presently two
single-family dwellings on the property which are residences of members of the Neuzil family. The
Neuzil family has expressed interest over the years in developing this property. The property is
bordered by University Heights on the north and west, the Melrose Lake/Woodside Drive
condominiums in Iowa City on the east, and single-family residences on Tower Court in Iowa City
(see aerial photo in packet).
The property is zoned RS-8 which would permit single-family and duplex uses by right. A planned
development is likely on this site, due to natural features that are present. 85 units .could legally
be placed on the 8.55 acre site. However, development at less than the maximum density is
anticipated given the topography of the site. The Comprehensive Plan indicates development in
this area at a density of 8-16 dwelling units per acre is appropriate.
The property is traversed by a significant ravine that serves to drain the area between Highland
Court and Marietta Avenue in University Heights. This east-west ravine is joined by a
drainageway from the south that feeds Melrose Lake. There is probably about an acre of relatively
flat land that could be developed south of the east-west ravine and about 6.5 acres north of the
ravine that is level enough for developmen. t. The southerly piece would have access from Marietta
Avenue extended and the northerly acreage has access from Leamet Court and Olive Court.
The Neuzil property is in the Brookland/Roosevelt Neighborhood Open Space District. This distdct
includes some fairly high density housing as well as single-family housing; Brookland Park and
Roosevelt School contribute to available open space in this district, There is a 7.29 acre deficit
in open space according to the Neighborhood Open Space Plan. Development of the total 8.55
acres at the RS-8 density would result in an open space obligation of .3 acres.
2
Benefits to Iowa CiW: This property could provide two general benefits to Iowa City, depending
upon one's viewpoint. As a fully developed property it can provide additional housing units in.a
market where housing is relatively expensive. Given the location of the property, any apartment
units will be prime and lower rents should not be expected.
As open space, this area could address the open space deficit identified in the Neighborhood
Open Space Plan. However, one can expect the land price to reflect the development potential
of the site. Given the natural features of the property and the area-the ravines and the lake-the
land is not easily accessible to many of the Iowa City residents of the open space district.
Residents of University Heights would enjoy the most benefit from this property becoming open
space or public parkland since they would have direct access to the "park" via three streets in
University Heights and would be relieved of the imposition of additional traffic with any
development of the site. At their meeting of August 9, the Parks and Recreation Commission
decided to explore the possible acquisition of this tract. The Commission felt the City of
University Heights should share in any acquisition costs, and that additional uses of the site (such
as stormwater management) should pay for a share of the property with other than parkland
funds.
The decision about the banefit of this property to Iowa City will need to be balanced against the
cost, It is very difficult without an appraisal to estimate the value of this property. Recently
property in Iowa City has sold in the range of $8,000 to $40,000 per acre depending upon the
location and the size of the pamel (this does not include downtown real estate).
City of Iowa City
MEMORANDUM
Date: April 7, 1995 /
To: City Council
From: Karin Franklin, Director, Planning & Community Developm
Re: Neuzi] Tract
Included in the Council's packet is a letter from Don Swanson, the Mayor of University Heights,
expressing an interest in working with iowa City on establishing the Neuzil property as open
space. This is a proposal which University Heights has made periodically over time. To date,
University Heights has not made an offer to purchase the Neuzil tract.
At the request of Mayor Horowitz, I have compiled for you a brief history of zoning actions
taken by the City of Iowa City on the Neuzil property. This history is outlined below:
1962 -
The property was zoned R3A. This zoning is comparable to our
current zoning classification of RM-44.
January, 1972-
In response to a development proposal on property to the east of
the Neuzil tract, the Community Development Department
proposed the rezoning of the Neuzil tract from R3A to R3. This
proposal was supported by residents of Madetta Avenue and
Tower Court, but was protested by the owners of the property,
Ella Neuzil and her son and daughter-in-law. The reasons given
for the rezoning proposal were: 1) lack of adequate access; 2)
the property was surrounded by single family or low-density
zoning; and 3) development of the property for multi-family use
would be incompatible with the existing single-family dwellings.
March 28,1972 -
The Planning & Zoning Commission recommended that the Neuzil
tract be rezoned from R3A to R3.
April 11, 1972 -
The Planning & Zoning Commission recommended that the Neuzil
tract plus the property owned by Smith, Erickson and Ewers
(approximately .45 acres in the northeast comer of the "Neuzil
tract") be rezoned from R3A to R3. (R3 is comparable to our
current zoning classification of RM-12. Evidently the City Council
agreed with the Commission and rezoned the property around this
time).
January, 1973-
University Heights considered closing Learner Court and Madetta
Avenue and expressed the desire for the Neuzil tract to be a pank.
The Iowa Oity planning s~aff put together development proposals
2
for the Neuzil tract on behalf of the University Heights City
Council. The University Heights City Council through'their Mayor
expressed a preference for an option which looped Learner to
Olive Court and created cul-de-sacs to serve the south edge of
the Neuzit property. Nothing was ever done with this development
proposal.
1983 -
W'rth the change in zoning classifications during the
comprehensive rezoning of Iowa City in 1983, the zoning
designation of the Neuzil tract changed from R3 to RM-12.
1985 -
Again in response to a development proposal to the east of the
Neuzil tract and as part of consideration of the zoning of the
remaining undeveloped area around Melrose Lake, the Neuzil
tract was rezoned to RS-8, as was the property immediately east
between the Neuzil tract and the reilroad tracks.
1988 -
The Neuzil family sued the City of Iowa City claiming that the
rezoning was unreasonable and therefore void. The City
prevailed in District Court; the Neuzils prevailed in the Court of
Appeals; the City finally prevailed before the iowa Supreme Court.
Attached is the resolution stating the City's reasons for rezoning
the property to RS-8.
If you have any questions, please feel free to contact me.
City Manager
Jack Neuzil
Bill Meardon
· · ~. . ~ · ~ 3:'~
' . ..........". : c_ '-' l":;
Mayor Don Swanson
138 Koser Ave.
University Heights, Iowa 52246
Ma~eh 10, 1995
Mayor Susan Horowitz
City oflowa City
Civic Center
410 E. Washington it.
Iowa City, Iowa 52242
Dear Mayor Horowitz:
Sow/I have not responded sooner.
The City Council of University Heights is interested in pursuing joint discussions with the City of Iowa
City regarding eslablishing an open space on the Neuzil property. My hope is that there will be an
opportunity soon to explore this idea.
Sincerely,
Don Swanson
RESOLUTION NO. 8S-358
RESOLUTION ADOPTING FINDINGS REGARDING THE REASONS FOR ADOPTION OF
ORDIItANCE NO. 85-3240, REZOMING I'HE SO-CALLEO NEUZlL TRACT.
WHEREAS, on June 4, 1985, the City Council adopted Ordinance No. 85-3240
rezoning the so-called 'Neuzil tract' from ~-12 to RS-8; and
WHEREAS, the reasons for such rezontng were discussed by Council members at
both informal and formal Council sessions, all of which were open to the
public, but such reasons were never formally reduced to Council findings; and
WHEREAS, in order to have ~ co~' '~te record relating to such rezoning, it is
important that the Council set fi, cn its easons far such rezoning.
NOW, THEREFORE, BE IT RESOLVED BY
the following findings are hereby
No. 85-3240:
THE CITY COUNCIL OF IOWA CITY, IOWA, that
adopted regarding enactment of Ordinance
1. The Neuzil tract contains approximately 8.5 acres of land, with direct
access only onto streets through residential neighborhoods.
The Neuzil tract is surrounded on three sides by single-family residen-
tial neighborhoods, those on the north and west being located in the Town
of University Heights. On June 4, 1985, the property to the east of the
Neuzil tract was also rezoned to RS-8.
e
The streets in the single-family neighborhoods abutting the Neuzil Tract
were not designed to handle beery amounts of traffic, and the other
streets in the area are already heavily traveled.
Development of the Neuzil tract at the maximum density permitt~ in the
· -12 zone would allow construction of approximately 126 additional
dwelling units having the potential for generating approximately 1550
motor vehicle trips daily.
5. The allowable density on the Neuzil tract will reduce the potential
increase to traffic congestion on the streets in the in~nediate area.
e
The area is sho~ on the City's Comprehensive Plan as being developed at
8-16 dwelling units per acre, and' the RS-B zoning is consistent with that
Plan.
e
Multi-family development of the tract, at the density permitted in the
~-12 zone, would have a negative impact on the value of property sur-
rounding the tract. Development of the density permitted in the RS-8
zone should help maintain the value of neighboring properties.
The Neuzil tract contains a .pond and two large, partially wooded ravines,
and the property immediately to the east of the Neuzil tract contains
Melrose Lake, an environmentally sensitive and important feature of the
area.
DEFENDANT'S
EXHIBIT
Resolution No. 85-'
Page 2
Storm water runoff occasionally causes Melrose Lake to overflow, floods
areas donstream, and contributes to pollution of the lake.
IO. Oevelol~nent at a lower density will reduce the magnitude of the increase
in Melrose Lake drainage, flooding and pollution problens, but will still
permit development which is sensitive to the fragile environment.
It was moved by Ambrisco and seconded by Baker
the ResolUtion be adopted, and dpon roll call there w~re:
AYES: )lAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
McDonald
~Strait
Zuber
Passed and approved this
ATTEST: ~. ~
CI~Y"CLERK
]?t___..~._~day of December _, 1985.
,
MaJ
.~ve.
' Johnson County Council of Governments
~ 410 E V/osh~ngton SI: ~ Qty Iowo 52240
~r~~
August 14, 1 995
The Honorable Tom Harkin
U.S. Senate
531 Hart Senate Office Building
Washington, D.C. 20510
Re.' Proposed Cuts in Federal Transit Operating Assistance
Dear Senator Harkin:
I am writing on behalf of the Johnson County Council of Governments [JCCOG], the
Metropolitan Planning Organization IMPO] for the Iowa City Urbanized Area, regarding the
proposed cuts in federal transit operating assistance for federal fiscal year 1996.
Transit is a very important and viable mode of transportation in the Iowa City Urbanized Area.
In FY95, there were 5,598,508 total rides provided by the three urban systems, Coralville
Transit, Iowa City Transit, and University of Iowa CAMBUS. This includes both the fixed route
service and the complementary paratransit service. This is a significant level of ridership for
an urban area with less than 75,000 people. Our local transit systems are recognized by
community leaders and elected officials as an important asset to our area and this
commitment is shown through the high levels of local tax support that go for transit services
by each system. Although there is strong local and state commitment for transit in our area,
we feel that the federal commitment is also impodant and necessary. We would ask that you
work for eliminating or reducing the level of the proposed cuts in operating assistance,
especially in areas under 200,000 population. Enclosed for your information is a summary
table of F-Y95 performance statistics for the three transit systems in our area.
We appreciate the commitment you have had for transit, especially transit in Iowa, and hope
you will cont. hue it in the future.
If you have any questions about this information, feel free to contact Kevin Doyle of the
JCCOG Transportation Planning Division staff, at 319-356-5253.
Since y//~e~ ~
Urbanized Area Policy Board
CC:
Coralville City Council
Iowa City Council
Kevin Doyle, JCCOG
Johnson County Council of Governments
410 £ V~sh~g~cn S~ bwo C~[y bvvo 52240
Augu~ii4,1995
The Honorable Charles Grassley
U.S. Senate
135 Hart Senate Office Building
Washington, D.C. 20510
Re.' Proposed Cuts in Federal Transit Operating Assistance
Dear Senator Grassley:
I am writing on behalf of the Johnson County Council of Governments [JCCOG], the
Metropolitan Planning Organization IMPO] for the Iowa City Urbanized Area, regarding the
proposed cuts in federal transit operating assistance for federal fiscal year 1996.
Transit is a very important and viable mode of transportation in the Iowa City Urbanized
Area. in F-"Y95, there were 5,598,508 total rides provided by the three urban systems,
Coralville Transit, Iowa City Transit, and University of Iowa CAMBUS. This includes both
the fixed route service and the complementary paratransit service. This is a significant
level of ridership for an urban area with less than 75,000 people. Our local transit systems
are recognized by community leaders and elected officials as an important asset to our
area and this commitment is shown through the high levels of local tax support/funding
that go for transit services by each system. Although there is strong local and state
commitment for transit in our area, we feel that the federal commitment is also important
and necessary. We would ask that you work for eliminating or reducing the level of the
proposed cuts in operating assistance, especially in areas under 200,000 population.
Enclosed for your information is a summary table of FY95 performance statistics for the
three transit systems in our area.
If you have any questions about this information, feel free to contact Kevin Doyle of the
JCCOG Tran~tion Planning Di./....~taff, at 319-356-5253.
Sincere , ' ,.
Allan Axeen, Chairperson _ .. ~ .
JCCOG - Urbanized Area Policy Board
CC:
Coralville City Council
Iowa City Council
Kevin Doyle, JCCOG
Johnson County Council of Governments
~410E 'vVosheqt~St bvwOtybwo52240
Augusi i4, i995
The Honorable din! Leach
U.S. House of Representatives
2186 Rayburn House Office Building
Washington, D.C. 20515
Re: Proposed Cuts in Federal Transit Operating Assistance
Dear Mr. Leach:
I am writing on behalf of the Johnson County Council of Governments [JCCOG], the
Metropolitan Planning Organization IMPO] for the Iowa City Urbanized Area, regarding the
proposed cuts in federal transit operating assistance for federal fiscal year 1 996.
Transit is a yen/important and viable mode of transportation in the Iowa City Urbanized
Area. In FY95, there were 5,598,508 total rides provided by the three urban systems,
Coralville Transit, Iowa City Transit, and University of Iowa CAMBUS. This includes both
the fixed route service and the complementary paratransit service. ,this is a significant
level of ridership for an urban area with less than 75,000 people. Our local transit systems
are recognized by community leaders and elected officials as an important asset to our
area and this commitment is shown through the high levels of local tax support/funding
that go for transit services by each system. Although there is strong local and state
commitment for transit in our area, we feel that the federal commitment is also important
and necessary. We would ask that you work for eliminating or reducing the level of the
proposed cuts in operating assistance, especially in areas under 200,000 population.
Enclosed for your information is a summary table of FY95 performance statistics for the
three transit systems in our area.
If you have any questions about this information, feel free to contact Kevin Doyle of the
JCCOG 'rrans. p. Qrtation Planning Division staff, at 319-356-5253.
Sincere ,~/." ~~,' ·
Allan Axeen, Chairperson /
JCCOG - Urbanized Area Policy Board
CC:
Coralville City Council
Iowa City Council
Kevin Doyle, JCCOG
City of Iowa City
MEMORANDUM
Date:
August 24, 1995
To:
From:
Re:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attomey ~
Partial Litigation Update; New Lawsuits & Ruling
1. City of Iowa City v. City of Universilv Heiqhts; State Docket #56724
On August 17, 1995, having received the surveyor's land boundary survey and legal description,
I filed the petition to quiet title to real estate against the City of University Heights, as directed by
the City Council. The petition was served Monday, August 21, 1995, which means University
Heights has 20 days to file ,~n answer in the district court. Anne Burnside and I will be
representing the City.
2. Edwin McMartin v. Civil Sewice Commission of the City of Iowa City; State Docket #56141
Attached is a copy of McMartin's "notice of appeal," challenging the Civil Service Commission's
rulings as to certain disciplinary actions taken against Police Officer Ed McMadin for incidents
which occurred in May of 1994. Anne Burnside will be assigned to this case.
3. Janet M. Fuller v. City of Iowa Cih,; State Docket #56727
Attached is a new stormwater runoff damage claim concerning basement flooding which was
allegedly caused by the City's stormwater drainage system. Anne Burnside will be handling this
case.
4. City v, Hubert Ye.q.qy; Municipal Citation #1067
Attached is a copy of a ruling in the City's favor received August 24 concerning junk at 828 St.
Anne's Drive.
Please call if you have questions,
CC:
CityClerk
City Manager
Assistant City Manager
City A~orney Office Staff
Attachments
3
First does, the subject matter involve an issue In which it
is desirable to have state-wide uniformity. Second, does
the proposed county legislation slgniflcantly affect
persons living outside the county? Third, does the
degree or physical nature of the problem edcireesed
require scoperation ol governments outside the county
boundaries? Fourth, dO the historical considerations
involved traditionally relate to state, county or city affairs?
1980 Op. at 289. The same rationale Is applicable under municipal home rule.
Application of this teat to the proposal of a city to include a presidential straw
poll on the ballot/or a city elsOUCh leads me ~to conclude that this action would not'
be a local affair or matter of local government properly within the scope of home
rule. First, while straw-polling Is not an activity/or which it is necessarily desirable
to have state-wlcle uniformity, it is also not a matter which impacts local
government. SeCOnd, the presidential candidate selection process is a matter
which affects persons nation-wi¢le. Third, there Is no local "problem" being
addressed. And finally, historical conslcleratlons concerning presiclentlal selection
are state-wide and nation-wide, not local.
Bocause I conclude that the proposed straw poll is not an aotlon authorized
by sitlief statute or home rule, I must aclvlse that putting such a poll on the official
election ballot would be inconsistent with Iowa law. Having so advised, I turn to
your last Inquiry, whether the straw poll may be conducted In conjunction with the
elsetlon In any other manner?
Iowa Code sections 49,90 and 49.104 delineate persons who may be present
In the polling place on election day. These statutes do not expressly allow persons
conducting oplnlon polls to be present In the polling place. In light of this, we have
opined that "[p]ollste~s conducting a survey, because they are not authorlzecl
persons under that statute, are not persons permitted at a polling place on election
day." 1982 Op. Att'y Gem 353, 354-56.
Coda section 49.107 set~ forth acts prohibited both at anti near the polling
place on election day, Including:
1. Lottoting, congregating, electloneerlng, posting o!
signs, treating votere, or soliciting votes, during the
receiving of the ballots, either on the premises of any
polllng place or within three hundred feet of any outside
door of any building affording access to any room where
the polls are held, or of any outslde door o! any building
afforcllng access to any I~allway, corridor, stairway, or
4
other means of reaching the room where the polls are
held ....
2. Interruptl,g, hindering, or opposing any voter Willie in
or approaching the polling place for the purpose of
votlng.
These provlslons~ which are designed to protect each cltizen'a right to vote for
candidates of their ohoIns and the integrity of the election process, must I~e
narrowly constrtle;t to avoid unnecessary Infringement on each Individual's right8
to free speech end association..S.Q.Q Bumon v. Freeman. 504 U.S, ____~ 112 S,Ct,
1846, 119 g. Ed.2d 5 (llt92); 1982 Op, Att'y Ge~. 3~:1. We have previously opined
that exit po!llng~ while not allowed Inside tl~a polling place, may be sondusted
within 300 feet of doors to the polling place as long as the pOllstars do not engage
In ele~tloneering, Interrupt or hinder voters approact~lng the polls, or commit any
other vlolatlen of section 49.107, 1982 Op. Att'y Gan, at p. 355-$8. i believe the
same conclusion Is appllcal~le to persons wishing to condu~t a presidential straw
poll In conjunction with a city elamon.
Ple~ee note that the above advice represents my analysis o! the Issues
presented and that this is not an opinion of lhe Attorney General. Feel free to
contact me If I can provide further advice or a~lstan~ on this matter,
CJS:rd
IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY
CITY OF IOWA CITY, IOWA,
a municipal corporation,
Plaintiff,
CITY OF UNIVERSITY HEIGHTS, IOWA,
a municipal corporation,
Defendant.
Regarding the following described real
estate located in Johnson County, Iowa:
Equity No.
PETITION TO QUIET TITLE
TO REAl. ESTATE
Commencing at the Northwest Corner of the Northsact
Quarter of the Northwest Quarter of Section 16,
Township 79 Horth, Range 6 West of the 5th Principal
Meridian; Thence S87°35'41"E, along the North Line
of said Northwest Quarter of Section 16, 526.24 feet,
to its intersection with the northwesterly projection
of the northeasterly line of University Heights Third
Subdivision, as recorded in Plat Book 3, at Page 140,
of the records of the Johnson County Recorder's
Office, and which point Is the POINT OF BEGINNING;
Thence S87°35'41 "E, along said North Une, 12.11 feet,
to its intersection with the southeasterly projection
of th'~ northeasterly line of University Heights
Second Subdivision, as recorded in Plat Book 2, at
Page 78, of the records of the Johnson County Racefriar's
Office; Thence N44°21 '48"W, along said northeasterly
line and projection thereof, 43.80 feet, to a point on the
north right-of-way line of Melrose Avenue; Thence
S87°35'41"E, along said northerly llne, 24.10 feet, to its
intersection with the northwesterly projection of the
westerly expansion joint of the Melrose Avenue Bridge;
Thence S44°03'59"E, along said expansion Joint, and
southerly projection thereof, 182.05 feet, to its
intersection with the East Line of the Northwest Quarter,
of the Northeast Quarter, of said Northwest Quarter of
Section 16, in accordance with the Plat of Survey
recorded in Plat Book 4, at Page 229, of the records of
the Johnson County Racefriar's Office; Thence
S01 ~44'06"E, along said East Line, 39.52 feet, to the
Northeasterly corner of txact A of said Plat of Survey;
Thence N41 ° 23'29"W, along the Northeasterly Une of
said tract A, 104.1 5 feet, to its intersection with the
easterly line of Lot 400 of said University Heights
Third Subdivision; Thence NOO°50'36"W, along said
easterly line, 8.36 feet, to .th~ Northeast Corner thereof;
Thence N49°59'40"W, along the northeasterly line of said
Lot 400, and its northwesterly projection thereof, 84.05
feet, to the Point of Beginning. Said tract of land
contains 4,340 square feet, more or less, and Is subject
to easements and restxlctlons of record.
-2-
Plaintiff City of Iowa City, Iowa, petitions the court to quiet title and states:
1. Plaintiff City of Iowa City, Iowa is an Iowa municipal corporation, located in
Johnson County, Iowa.
2, Defendant City of University Heights, Iowa ("University Heights"), is an Iowa
municipal corporation, located in Johnson County, Iowa.
3. Plaintiff City of Iowa City ("Iowa City") is credibly informed and believes that
Iowa City is, in fact, the absolute owner in fee simple of the following described real
estate on the westerly end of the Melrose Avenue Bridge, located in Iowa City, Johnson
County, ',owa:
Commencing at the Northwest Corner of the Northeast
Quarter of the Northwest Quarter of Section 16, Township 79
North, Range 6 West of the 5th Principal Meridian; Thence
S87°35'41 "E, along the North Line of said Northwest Quarter
of Section 16, 526.24 feet, to its intersection with the
northwesterly projection of the northeasterly line of University
Heights Third Subdivision, as recorded in Plat Book 3, at Page
140, of the records of the Johnson County Recorder's Office,
and which point is the POINT OF BEGINNING; Thence
S87°35'41 "E, along said North Line, 12.11 feet, to its
intersection with the southeasterly projection of the
northeasterly line of University Heights Second Subdivision, as
recorded in Plat Book 2, at Page 76, of the records of the
Johnson County Recorder's Office; Thence N44°21'48"W,
along said northeasterly line and projection thereof,.43.80
feet, to a point on the north right-of-way line of Melrose
Avenue; Thence S87°35'41"E, along said northerly line,
24.10 feet, to its intersection with the northwesterly
projection of the westerly expansion joint of the Melrose
Avenue Bridge; Thence S44°03'59"E, along said expansion
joint, and southerly projection thereof, 182.O5 feet, to its
intersection with the East Line of the Northwest Quarter, of
the Northeast Quarter, of said Northwest Quarter of Section
1 6, in accordance with the Plat of Survey recorded in Plat
Book 4, at Page 229, of the records of the Johnson County
Recorder's Office; Thence S01 °44'06"E, along said East Line,
39.52 feet, to the Northeasterly corner of tract A of said Plat
of Survey; Thence N41°23'29"W; along the Northeasterly
Line of said tract A, 104.15 feet, to its intersection with the
easterly line of Lot 400 of said University Heights Third
-3-
Subdivision; Thence N00°50'36"W, along said easterly line,
8.36 feet, to the Northeast Corner thereof; Thence
N49°59'40"W, along the northeasterly line of said Lot 400,
and its northwesterly projection thereof, 84.05 feet, to the
Point of Beginning. Said tract of land contains 4,340 square
feet, more or less, and is subject to easements and restrictions
of record (hereafter "real estate").
4. Said real estate is further described in a land boundary survey plat marked as
Exhibit A and attached hereto.
Plaintiff Iowa City is further credibly informed and believes that the
corporate boundary or city limits of Iowa' City as it abuts the corporate limits of University
Heights is located to the west of the westerly end of the Melrose Avenue Bridge, and that
Defendant University Heights denies Iowa City's claim as to the location of the respective
corporate city limits of these two cities.
6. Plaintiff Iowa City has obtained federal funds through the Federal Aid Bridge
Replacement Program to replace the Melrose Avenue Bridge, located in Iowa City, Iowa,
which has been designated by Plaintiff Iowa City and the Iowa Department of
Transportation for replacement due to the bridge's age and for deteriorating condition.
Because of University Heights' claim that the real estate described herein is property
within University Heights and therefore outside the jurisdictional control and authority of
Plaintiff Iowa City, there exists a cloud over the title to the real estate Plaintiff Iowa City
needs to complete the bridge replacement. Thus, Plaintiff Iowa City cannot use said
federal funds and proceed with replacement of the Melrose Avenue Bridge until said
dispute is resolved.
7. Defendant University Heights' claim to the above-described real estate is
wholly without right, but constitutes a cloud on Plaintiff Iowa City's title which Iowa City
desires to remove.
-4-
WHEREFORE, Plaintiff Iowa City requests that title and estate to the real estate
described in Paragraph 3 hereof be quieted and confirmed as an absolute title in fee simple
vested in the City of Iowa City, Iowa; that Defendant University Heights be forever barred
and estopped from having or claiming any right, title or interest thereto; and for such other
relief as may be equitable.
Respectfully submitted,
Linda Newman Woito 000006065
City .Attorney
A nn~e G. Bur ns~'~00008788
First Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
(319) 356-5030
(319) 366-5008 FAX
ATTORNEYS FOR PLAINTIFF
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
I, Stephen Atkins, being first duly sworn, upon my oath depose and state that I am
the City Manager for the Plaintiff City of 10wa City, Iowa, in the above-entitled action; that
I have read the statements and allegations contained in the foregoing Petition to Quiet
Title, and that they are true and correct as I verily believe.
Stephen Atkms~J
Subscribed and sworn to before me by Stephen Arkins this
1995.
Notary Public ~n and for the Edlate of Iowa.
,,V. :H-q.t qx3
IN ~ IOWA DISTRICT COURT IN AND FOR JOI'INSON COUNTY
EDWIN McMAKrIN
Petitioner,
VS.
CML SERVICE COMMISSION
OF THE CITY OF IOWA CITY
Respondent.
Equity No, g/.t q [
C~
NOTICE OF APPEAL :':
COlVI~S NOW the PeUtioner, Edwin McMartin, and does respectfully state
to the Cour~ ~ follows:
1. Petitioner, Edwin McMartin, is employed by the City of Iowa City as a
police. officer and is subject to the civil service provisions of Chapter 400, the
Code of Iowa, 1993.
2. The Civil Service Commission of the City of Iowa City (hereinafter the
Commission) is a commission duly constituted pursuant to the provisions of
Chapter 400, the Code of Iowa. 1993,'
3. On July 19, 1994'the Petitioner received a notice of a two-day
suspension without pay from Chief R. J, Winkelhake based upon an incident
which occurred on May 3, 1994,
4. The Petitioner flied a notice of appeal on July 27, 1994, pursuant to
the Rules of the Commission.
5. The City filed a specification of charges on August 10, 1994,
6. Hearing was held before the Commission on September 28 and 29
and October 4, 1994.
7. The Commission filed its fo~axal written decision on November 9,
- 1994.
8. The Petitioner hereby appeals from the decision of the Commission,
dated November 9, 1994 {a copy of which is attached hereto as Exhibit A).
Wt-~EREFORE the Petitioner prays that the Cou;~ take jurisdiction of this
matter, set it for trial de noun, reverse the decision of the Comm/ssion, order
the suspension rescinded, awo. rd him back pay for two days and the costs of
this action, pursuant to Section 400,27, the Code of Iowa. 1993.
MA W~G~ON LI00018 lB
GLASSON, GROVE, SOLE & McMANUS, PC'
118 Third Avenue SE, Suite 206
Cedar Rapids, IA 52401
{319) 366-4313
ATTORNEY FOR THE PETITIONER
CERTIFICATE OF SERVICE
I certify that I mailed a copy of the
foregoing document to which the
certificate is attached to the parties
or their attorneys of record on this
.~day of i'~ ,~.~_~.., 1994.
2
BEFORE THE CIVIL SERVICE COMMISSION
IN AND FOR THE CITY OF IOWA CITY, IOWA
IN THE MA'FYER OF
OFFICER EDWIN MC MARTIN,
Appellant,
CHIEF OF POLICE R.J.
WINKELHAKE, and THE CITY
OF IOWA CITY, IOWA,
Respondent.
FINDINGS OF FAOT --'..~
and
DECISION ON APPEALS'-:
On July 19, 1994 Police Chief R. J. Winkelhake suspended Police Officer Edwin McMartin for two
days without pay for misconduct relating Io an incident occurring on May 3, 1994. On July 27,
1994, Officer McMartin appealed this action to the Civil Service Commission. The City filed a
specification of charges on August 10, 1994.
FINDINGS OF FACT
The Civil Service Commission for the City of Iowa City met and heard evidence on the appeal on
September 28 and 29 and October 4, 1994. The City and Chiel' Winkelhake were represented
by Assistant City Attorney Anne Burnside and Officer McMartin was represented by Attorney
Matthew Glasson. Witnesses for the City were Chris Lenz; Heather Russell; Iowa City Police
Officers Sid Jackson, Becki Strommet, AI Mebus; Iowa City Police Sergeant Vicki Lalla; Iowa City
Police Lieutenant Ron Fort; Iowa City Police Captain Pat Homey; and Iowa City Police Chief R.J.
Winkelhake, Witnesses for Officer McMartin included Coralville Police Officer Doug Vance and
Iowa City Police Officers Deb Peterson and Robert Goss. Officer McMartin was a witness on his
own behalf. All witnesses were sequestered except Chief Winkelhake and Officer McMartin,
The testimony of the witnesses differs on the details of the incident. The testimony indicates Ihat
Officer McMartin attempted to make contact with Chds Lenz in the pedestrian mall and Mr. Lenz
left the re. all. Mr. Lenz was detained by0fficers Lalla, Jackson, Strommet and Mebus in the 500
block of E. College until Officer McMartin ardved. When Officer McMartin attempted to arrest Mr.
Lenz, a struggle ensued be~een Officers McMartin and Strornmer and Mr. Lenz. Officer Mebus
got out of his patrol car and physically grabbed Mr. Lenz in the head and neck region, while
Officer Strommet was holding Mr. Lenz's arm. At that point in time, Officers Mebus and
2
Strommet had physical control of Mr. Lenz, and Officer Mebus was ready and able to take Mr.
Lenz to the ground by simply using his hands.
However, before Officer Mebus could do that, Officer McMartin struck Mr. Lenz on the leg with
an asp. This was actually the second asp strike initiated by Officer McMartin. The first strike hit
Officer Strommar. Officer Mebus saw Officer McMartin using the asp and pulled back in order
to avoid being hit by the asp. Officer Mebus then physically took Mr. Lenz to the ground. The
testimony of Officers Mebus and Sb'ommer clearly indicates that at the time Officer McMartin
struck Mr. Lenz with the asp (second asp strike), Mr. Lenz presented no threat to any officer at
the scene. Even though Officer McMartin testified that Mr. Lenz swung at him and at Officer
Strommet earlier, Mr. Lenz did not present a threat to anyone and was clearly under the physical
control of the officers when the asp was used by Officer McMartin.
DECISION "'
Oeliberations were held following the testimony. The Commission unanimously a:~r. eed u~on a..
finding of misconduct for the excessive use of force by Officer McMartin. The Ge~al O~er of
the Iowa City Police Department indicates that the asp is only to be used in self-defectiVe or.~ the
defense of another. Commissioners found that the use of the asp the second time was not
necessary under the circumstances, because Mr~ Lenz was already under the physical control
of the officers at that point in time. Therefore, the circumstances of this situation did not justify
the level of force used by Officer McMartin.
The Commission also unanimously agreed that the amount of discipline imposed by the Chief was
not arbitrary and was appropriate and reasonable. The two-day suspension given by Chief
Winkell;~ake wa~ unanimeusly u~J=reld by the Commission.
M~hael W. Kennedy, Chai~'son
Lyra W..'.'Dickerson
Susan Dulek
human r el~.,scd ecis. e m2
Date
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
JANET M. FULLER
SSN # 478-52-4850
VS.
PLAINTIFF,
CITY OF IOWA CITY, IOWA,
DEFENDANT.
)
) --
) ,.~.
) ORIGINAL NOTICE --
) ~"~-
TO THE ABOVE-NAMED DEFENDANT:
You are hereby notified that them is now on file in the office of the Clerk of the alcove
Court, a Petition at Law and Jury Demand in the above-entitled action, a copy of which Peti-
tion of Law and Jury Demand is attached hereto. The Plaintiffs' attorney is Douglas D. Dag-
gett, 703 S. Clinton Street, P.O. Box 720, Iowa City, Iowa 52240-0720, (319)339-7727.
You are further notified that unless you appear thereto and defend in the Iowa District
Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty
(20) days after the service of this Original Notice upon you, judgment by default will be ren-
dered against you for the relief demanded in the Petition at Law and Jury Demand.
(Seal)
£OYVARD F. ST£1NBR£CFI
CLE~n~ F THE ABOVE COURT
Johnson County Courthouse
Iowa City, Iowa 52240
NOTE: Persons named as Defendants are told to "appear thereto and defend." These words
are not always understood. The requked appearance may be made either by the Defendants or
by Defendants' attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL AP-
PEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87). The attor-
neys who are expected to appear for the Defendants should be promptly advised by Defendants
of the service of this notice.
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON CO ~I~TY ~'-,
· ,q&,01
JANET M. FULLER ) .".' .'....
SSN # 478-52-4850 ) ':7£t:i.'? .-:...,. "~.~
) ,...'~ ,'-t~ ~1 '/t:~:,';:JT/'.-7-'."gS~.'...
PLAINTIFF, ) NO. ~.~ //---
) "" r, (%'
rs. ) PETITION AT LAW
)
CITY OF IOWA CITY, IOWA, )
)
DEFENDANT. )
COMES NOW Plaintiff, Janet M. Fuller, and for cause of action against the Defendant
states as follows:
1. Janet M. Fuller is an individual residing in Johnson County, Iowa.
2. The City of Iowa City is an Iowa municiptlity located in Johnson County, Iowa.
3. Janet M. Fuller lives in a house at the address 1714 DeForest Avenue,
Iowa City, Iowa. Tkis t/ouse is located on the comer of DeForest Avenue and Sycamore
Street,
4. Janet M. Fuller suffered damages when water flooded the basement of her
house on at least three different occasions. These occasions include July, 1993, September or
October, 1993, and June, 1995.
5. The water damage sustained by Ms. Fuller was caused by ran-off rain water
that the storm water drains were unable to properly drain from the street in front of Ms.
Fullefts house.
6.
The City of Iowa City was negligent in the following p/rficula~
~drains"'
By failing to properly construct the storm wate: and
By failing to properly maintain the storm wa ,~.
7. The City of Iowa City's negligence is the proximate cause of Ms. Fuller's dam-
ages.
8. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate
Procedure number 3.
WHEREFORE, Plaintiff, Janet M. Fuller, requests judgment against the Defendant,
City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of
fact, plus interest at the maximum rate allowed by law and for the costs of this action.
FOSTER LAW OFFICE
By: D~o~as.D. Dag .
703 S. Clinton Street
P.O. Box 720
Iowa City, IA 52244-0720
(319) 339-7727
Attorney for Plaintiff
l:22aO555.1tg
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY~. ~..~.
·
JANET M. FULLER )
SSN ~ 478-52-4850 ) ~,:~.,' ~ ' ~..
) '~ ~-' ,'..--p
PLYTIFF, ~ NO. ~ ~ ~
rs. ) ~Y D~D
) '~,--'
CITY OF IOWA CITY, IOWA, )
)
DEFENDANT. )
COMES NOW Plaintiff and hereby demands a trial by jury of all fact issues in this
case.
DATED this/_/~_~'~'day of August, 1995.
FOSTER LAW OFFICE
P.O. Box 720
Iowa City, IA 52244-0720
(319) 339-7727
1:22a0555. ltg
Attorney for Plaintiff
IN THE IO~,VA DISTRICT COI.'RT FOR JOHNSON COUNTY
MAGISTRATE DIVISION
CITATION NO.
1067
CITY OF'~;EX. x30~
VS.
HL~ERT L. YEGGY
DEFENT).k-NT
This case involves a municipal infraction e,,~a ,... :5e City of Iowa Civ.' a~ainst Defendant,
O...nse. it,
alleging that Defend ....has violated Section 6-1-2.-'.. '~-' "= .,ev~,,,.. rio. second '="that
he allowed junk or salvage materials to be co!!~-c:e:! zr, d :o remain oe, his pro pea)' a: 828 St,
Anne's Drive.
Trial was held on Jul;' 1 !, !°o5 a.",d -'.his' -"o- ,.ken unde, adx roemen, to allow
., . ,.~1,.,,,,. was
~,,eo..a.,.~.... e,,~ o ~.-;oe D .....d.n. has ......:..~,~e ............now reo, uested that the
¢ou~ rule o., ,he a.le_at:on o. ,he mumc,p,. ................o,,.,..,.m,.
The cou= has revi. e, ved t '~ ~: "- o~a ..¢.: ........ ~e.~.oa :rio! and finds as Fellows'
.lie ~x,,.bl.: ............ .. ........at
l Defendant is the ewner0fprope<] '.:':."'°' .~.: .q2°-· c- .\~.,.e':'~,.-;..o v,,,v° r,:,. !',wa
above-described prope,,-:y.
3. Such act!vity c.. nsut,ates a x ml ................~ ....Code c. 5 Toxx'a C!U'.
4. . h~.~ is .'to . . ............= ................._ .
Defendant.
De ..... ~.t m. the. _.o,e, found to ~ave violated Sec;!on 6-1-2A. A civil penalty in th~
a<~u.'~: of S ! 30. plus ~ureharge and costs are asse.~se~ 2gains.: Defendant.
In the event Defendan: t~.i!s to do so by this date. the City i~ hereby authorized to correct the
Clerk to no:i~'.
D t'Ver~. Au-~.:'~t 22. ~ 90¢
Clark'a Office PemennoI.Req~m'mible
Mailing I~menl
August 23, 1995
Don Brittin, Jr.
Chair, Supreme Court Advisory Committee on Rules
c/o 1900 Hub Tower
Des Moines, IA 50309
///
CITY OF I0 WA CITY
Re: Request for amendment te court Rule 120 concerning student practice
Dear Don:
As agreed, I am forwarding you a formal request to review Iowa Supreme Court Rule 120 concerning
student practice, with an eye toward permitting city attorneys' offices to avail themselves of the
certification program which many county attorney offices in Iowa use in order to hire law studehts
as interns/prosecutors. This certification program is provided by The University of Iowa College of
Law, and is apparently deemed by the Iowa Supreme Court to certify law students to practice under
Rule 120.
Since there is no equivalent certification programmed for municipal or city attorney interns, and since
the county attorney interns an~J former city attorney interns from the law school perform basically
the same equivalent tasks in simple misdemeanor/magistrate's court actions, I request that Rule 120
be either reviewed or amended to include municipal attorney certification programs at the law
schools.
I am enclosing a letter which I presented to 21 city attorneys throughout the state of Iowa,
reques,ting their response to my suggestion. Of the 21 letters sent, I received 10 responses - all of
them favorable, see enclosed.
Since some city attorney responses indicated the "heart of the problem" was with the U of I College
of Law, I am also forwarding a copy of this letter to Dean Hines of the U of I College of Law.
Respectfully submitted,
Woito
City Attorney
CO:
Dean William Hines
Encs.
City Counc)l, FYI
City Manager, FYI
Assistant C, ity Manager, FYI
City Clerk, FYI
Justice Larson, Liaison to the Supreme Court Advisory Committee on Rules
June 9, 1995
CITY OF I0 WA ¢IT
Pat Gunnells
City Attorney
400 Washington Street
Burlington, IA 52601
Re: Court Rule 120, Student Practice
Dear Ms. Gunnells:
I am writing to let you know of my interest in obtaining an amendment to Court Rule 120 to
permit Iowa municipalities to employ law students for prosecuting simple misdemeanors, and
to inquire whether this is a proposal your municipality would support.
Let me give you some background on my interest in the'issue. In the past, and as part of the
students' academic and on-the-job training, Iowa City used law students from the Clinical Law
Program at the University of Iowa College of Law to'prosecute simple misdemeanors, as well
as assist in general civil research and writing. The students received academic credit rather
than remuneration, and our staff attorneys supervised the students in conjunction with their
clinic studies. A few years ago the Clinic shifted its priorities and stopped offering clinical
opportunities in municipal law. Since then, Iowa City has hired licensed attorneys or assigned
staff attorneys to prosecute the misdemeanors. While this is a satisfactory arrangement, I
continue to believe that this type of work can be a valuable educational experience for law
students. I also question whether it is the best use of taxpayer dollars to assign this caseload
to staff attorneys or outside counsel -- especially since our Office handles 90% of the district
and appellate litigat[oa "in house."
I have spoken with some City Attorneys about seeking an amendment to Court Rule 120 in
order to permit cities to hire law students as prosecuting externs. if I find there is support for
the idea among City Attorneys, I propose that we initiate the process to amend the rule.
As presently worded, Rule 120 permits law students who have completed the equivalent of
three semesters of the law curriculum to appear as counsel in Iowa courts if the student's
appearance "Is part of an educational program approved by the faculty of the student'e law
school" and "is supervised by at least one member of the law school's faculty". Rule 120(4).
The student's appearance under this Rule must be under general supervision of a licensed
attorney, but does not require the supervisor to be present in court. Rule 120(3).
June 9, 1995
Page 2
You may be aware that many County Attorney Offices in the State hire law students as
prosecutors. These students receive certification from a program provided by the University
of Iowa College of Law and are apparently deemed to be practicing under Rule 120. There
is no equivalent certification class or program for municipal attorney interns. Therefore, cities
are not permitted to hire externs under the rule -- even though county interns are handling
more serious cases than speeding.
I believe that an amendment which would permit cities, and perhaps other nonprofit
corporations, to hire extern law students can be supported by public policy. Clearly, it can
provide a unique and valuable educational experience for the law students. We would want
to craft a rule which would limit and structure the areas of practice for the students, of
course. Still, within such a framework and with sufficient supervision, law students would
provide economical and valuable resources to communities by supplemen;ing and augmenting
existing city Attorney Staff positions.
Let me know your thoughts on the matter. If there is interest among the City Attorneys,
would like to discuss the idea thoroughly and then see about drafting an amendment to the
rule which we could then submit to the Iowa Supreme Court for consideration. Please call me
at {319) 356-5030 with your ideas, or jot down your thoughts on this letter and return it to:
Cordially yours,
City Attorney
LNW/AGB/mm
Attachment
Linda Newman Woito
City Attorney
Civic Center
410 East Washington Street
Iowa City, IA 52240
~cedata~leg~l&rule120
LAW STUDENT PRACTICE
Rule 120
.)
RULE 1~0. PERMITTED PRACTICE BY LAW STUDENTS
[Suggested ~ltle added by Publ~zherl
Including Amendments Received Through
August 15, 1994.
A law student enrolled in a reputable law school as
ietined by court rule {.06 and Iowa Code section
· ;02. t0102 cerl/d]ed to the supreme court of Iowa by
~, '.~e dean of the school to have completed sattsfacterily
:o~. less than the equivalent of tlwee semesters of the
· :~-.!rk required by' the school ~o qusJify for the J.D. or
· L~.B. degree, may appear as counsel in the trial or
- appellate courts of this state under the following
conditions:
I L) Appearsn~ by students as defense counsel in a
criminal matter in any court shall be confined to
misdemeanors and shall be under direct supervision of
licensed Iowa counsel who shall be personally present.
(2) Appear~ee by students in matters before the
court of appeals or supreme coer~ of Iow~ shall be
under direct supervision of licensed Iowa counsel who
.~hall be personally present.
(3) Appearance by students in other matters shall
be under general supervision of licensed Iowa counsel,
but they need not be present in court unless required
by order of the oourt.
(4) No student shall appear as counsel in any cour~
of this state unless such appearance (a) is paz-t of an
educational pregrsra approved by the faculty of the
student's law school and not disapproved by the su-
preme court of the state of Iowa, and Co) such pro-
gram is supervl~d by at least one member of the law
· school's faculty.
(5) A student sh~11 not receive compensation for
court appearance. This prohibition shall not prevent
a student tYom receiving general compensation fi-om
an employer-attorney or from a law school adminis-
tered fund.
[Adopu~d April 4. 1967; ~nended May 15, 1972; Jan~ 14,
1974; April 9, 1975; April 8, 1980; amended effective April
28, ~98'T.1
413
· ·
All-America City of the Nineties
Linda Newman Woito
Ci~ Attorney
Civic Cent'
410 ~ Washington Strut
Iowa Cid, ~ 5~
Dear L~da: --
LEGAL DEPARTMENT
OF THE CITY OF SIOUX CITY, IOWA
O~h~um El~k ButldinS~ 520 P~e $t~e~, ~ ~
P.O. ~ ~7, 8i~ ~ I~ S~
~ ~) ~8 ~ ~) ~
RECEIVED
JUN 2 0 1995
We support your proposal to seek'amendme~tt te the ~ule~ to allow municipalities to employ
law students fo~ prosecutin$ simple misdemeanors. Ple~e see the at~ached note from our
prosecutor. I~ there is ~nythtn§ we ¢m do to ~.you ple~e let me know.
J
CITY OF SIOUX CITY
INTER-OFFICE lVl]~MORANDUM
TO: Jim Absh~er, City Attome),
FROM~ Blane J..Bmmmond, Assistant Ci~ A~omey
SUBJECT: Court Rule 120, Student Prance
DATE: June 13, 1995
COMMENTS:
I thtn~ t~Ls proposed amendment would be advanta§eou~ for both hw student tntema and the
City. As you ~now, I partialpared tn the. Ptosectttot ~ntem Prog:am tn Powes~e~ County after
my second year of law school. Without quesfi0n, LI~ was t~e most valuable expe~tence tn my
~e§~l education. I t~nk a s~de benefit of t~ would be to spark interest ~ mun~cipa~ legal
careera with the interne.
T~e benefit for the Cit7 ta obvious. Aside ~0m sang ~e ~ money, it wo~d ~ up ~e
p~g a~omey (mg~ for du~ that ~ j~t ~ ~p~t ~t 1~ ~~ve.
p~fly, appm~a~ly ~$ of my ~e ~ s~t on m~dp~ co~ ca~. ~ of ~e
~o~e d~ ~d ~ ~a~ ~ ~e ~ load ~ ~e p~t ~v~ m~ (~g
~m ~e ~g of ~v~ new offi~), I've fo~d my arable ~e for o~ du~ ~ s~a~y
d~as~g. ~ a ~t, I ~y suppo~ ~da Woito's ~o~.
A~t ~ A~mey
City of Iowa City
MEMORANDUM
Date:
August 25, 1995
To:
Mayor and City Council
From: City Clerk
Re:
Council Work Session, August 14, 1995 - 7:1 5 p.m. in the Council Chambers
Mayor Susan Horowitz presiding. Council present: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton. Absent: Baker. Staff present: Atkins, Helling, Woito, Karr, Miklo, Davidson,
Schoon, Schmadeke~ Brachtel, Ogren. Tapes: 95-86, Side 2; 95-94, All.
REVIEW ZONING MATTERS:
Reel 95-85, Side 2
Senior Planner Miklo presented the following Planning and Zoning items for discussion:
Settin(~ a public hearing for August 29, 1995 on an ordinance amendinq the Zonina
~hapter bv chanqina the use regulations of an approximate 29 acre tract of land
located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low
Densitv Single-Family Residential, to OPDH-8, Planned Development Housing Overlay.
(Mormon Trek Villaae/REZ95-0009)
Throgmorton requested information regarding types of housing, ranges of rent, and
housing prices as it relates to affordability issues. Kubby requested that staff request
information from the developer regarding Section 8 housing. Transportation Planner
Davidson presented information about the need for traffic control at the Mormon
Trek/Rohret Road intersection. Council requested that the developer be asked if traffic
control requirements could be added to the conditional zoning agreement.
Settin(~ a public hearina for Auaust 29, 1995 on an amendment to City Code Title 14,
Chapter 6, Article V, "Minor Modification Procedures," to allow parkina for Dersons
with disabilities in the front yard of a commercial zone even when located adjacent to
a residential zone.
Public hearina on a resolution to annex a 3.05 acre tract located north of American
Legion Road and west of Arlington Drive. (Watts/ANN94-0008)
City Attorney Woito responded to Council questions regarding involuntary annexation
of the Weinstein property. Council agreed to continue the public hearing to August 29.
Public hearina on an ordinance amendina the Zoning Ordinance by chanainq the use
requlations of a 3.05 acre tract located north of American Legion Road and west of
Arlington Drive from County RS, Suburban Residential, to RS-5, Low Density Sinale-
Family Residential. (Watts/REZ94-0013)
ko
L
Resolution to annex an approximate 250 acre property located north of 1-80 and west
of N. Dubuaue Street. (Water plant/ANN94-0009)
Ordinance amending the Zoning Chapter bv chanoinG the use re(~ulations of an
approximate 250 acre propertv located north of [-80 and west of N. Dubuclue Street
from County A1, RS, and R3A to P, Public. {Water plant/REZ94-0018) (First
consideration)
Ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C,
"Historic Preservation Requlations," and Chapter 6, "Zoning," Article J, "Ove~lav
Zones" to allow the Citv to desiqnate historic landmarks and conservation districts.
(First consideration)
Planning and Zoning Commission member Ann Bovbjerg responded .to Council
questions.
Ordinance amending the Zonin~ Chapter bv chanGinG the use requlations of an
approximate 1 03.86 acres, which includes the Hiqhwav 218/HiGhwav I interchange
and property located in the southwest quadrant of the interchange from County RS,
Suburban Residential, to Cl-1, Intensive Commercial. (Winebrenner/REZ95-0011)
(Second consideration)
Ordinance amending the Zonin(~ Chapter by chan(~inq the use regulations of an
approximate 0.82 acre tract of land, the north portion of Lot 4, Hic~hlander First
Addition, located on Northqate Drive from RDP, Research Development Park, to CO-1,
Commercial Office. (REZ95-0008) (Second consideration)
Miklo stated the applicant has requested expedited consideration.
Ordinance amendine the conditional zoninq agreement for Lots 4-17, Hi.qhlander First
Addition, revisinq the development standard pertaining to rooflines and parapet walls.
(REZ95-0008) (Second consideration)
Miklo stated the applicant has requested expedited consideration.
Ordinance vacating a 20-foot wide allev located east of Gilbert Court and immediateIv
north of Lot 4 of Block 3, Lyon's Addition. (VAC95-0002) (Second consideration)
Ordinance amending City Code Title 14, Chapter 6, entitled "ZoninG," Article S,
entitled "Performance Standards," Sections 10B and ! 0C, concerning the location of
underqround storaqe tanks. (Second consideration)
Resolution approvin.q the final plat of Lon(~fellow Manor, a 7.64 acre, 20 lot, residential
subdivision located on the south side of the 1300 block of Sheridan Avenue. (60-day
limitation period: waived.) (SUB94-0012)
City Manager Atkins, City Attorney Woito and Steve Greenleaf, attorney representing
applicant, responded to Council questions. Council agreed to ask the Parks and
3
Recreation Commission to explore the possibility of purchasing Lots 1 9 and 20 of the
Longfellow Manor for open space.
Resolution approvinq a preliminary plat of Saddlebrook, a 223 acro, 1 O-lot residential
subdivision located south of Hiqhwav 6 and Heinz Road. (Lake Calvin/Sycamore
Farms/SUB95-0012)
Transportation Planr~er Davidson and engineer Ralph Stoffer and developer Steve Bright
presented information.
Oe
Resolution aoprovinq the Manufactured Housinq Site Plan for Saddlebrook, Lot 5, a 41
acre, 222-unit Manufactured Housing Park located south of Hi(~hwav 6 and Heinz
Road.
Resolution approvino the final plat of Walden Wood, Part 9, a six-lot, 3.01 acre
residential subdivision located on Walden Road west of Mormon Trek Boulevard.
(SUB95-0022)
Resolution apDrovino the preliminary and final plat of Britt's First Addition, a 36.73
acre, two-lot residential subdivision located in Frinee Area 7 on the west side of Kitty
Lee Lane, approximately 1/2 mile north of Hio, hwav 1. (Davis/SUB95-0024)
Council requested the City and the County send a letter asking the.State to address
traffic concerns. In response to Council, Miklo stated that he could bring a large plat
map to Council's formal meeting on Tuesday.
TATTLETALE WARNING CHAINS - iOWA AVENUE UNDERPASS {A(~enda Item #14):
Reel 95-86, Side 2
Traffic Engineer Brachtel presented information about th~ proposed tattletale warning chains
for the Iowa Avenue underpass.
SARATOGA SPRINGS APARTMENTS/OLD DUBUQUE ROAD REZONING (Burns):
Reel 95-94, Side 1
Council agreed to tentatively schedule a discussion on September 21 or September 30
regarding subsidized housing and economic development policies,
ECONOMIC DEVELOPMENT POLICIES AND STRATEGIES (Aeenda Item #11 ):
Reel 95-94, Side 1
City Manager Atkins presented information about economic development policies and
strategies. Council discussed that a public participation component be built into the economic
development policies. Council agreed to defer the item, and tentatively scheduled a
discussion on September 21 or 30 regarding economic development policies and strategies,
Horowitz requested that a facilitator assist with that meeting.
4
LANDFILL POLICIES - AUGUST 21 MEETING:
Reel 95-94, Side 2
City Manager Atkins stated he will present information about the landfill at the Monday,
August 21 meeting. Council requested visual aids (map, cell picture, etc.) for the meeting.
COUNCIL AGENDA/TIME:
Reel 95-94, Side 2
Novick requested that agenda item #3e(4) - Whispering Meadows sewer be removed
from the Consent Calendar and addressed separately.
Novick stated the quality of the picture of the August 1 Council meeting on cable TV
was very good.
Novick commented about Jerusalem's water, traffic controls, stop signs, drainage and
development.
Throgmorton thanked City Manager Atkins for his August 11 memo regarding
federal/state financial aid (cutbacks).
Pigott referenced the Civil Service Commission minutes regarding the hiring of seven
police officers and questioned how many were a result of federal monies· Woito
reported six police officers were being hired from grant monies,
In response to Kubby, City Manager Atkins stated that the bond issue, refinancing for
$30 million, was the reason disbursements were high.
Council agreed to Kubby's request to ask the Animal Control Advisory Committee to
review concerns as outlined in her July 31 memorandum.
Meeting adjourned at 9:20 p.m.
APPROVED
Minutes
PATV Board of Directors
Thursday, -June 22, 1995, in Meeting Room A
of the Iowa City Public Library
Present: Doug Allaim, Greg Easley, Derrick Honore, Derek Maurer, Scott
Murray, Larry Quigley, and Steve Wurtzler
Staff: Ren~ Paine, Sarah Dandallas
Absent: Vicky Grube, Maureen McCormick
Call to Order:
Aliaire called the meeting to order at 7:10 p.m. and introduced Board members
to sixteen producers and others wi~o attended the meeting.
Board Announcements:
Aliaire recognized the work of Colin Ives and Brad Parkel and thanked them for
their dedication to PATV. Ives has served as Workshop Instructor and Special
Projects Coordinator, and is leaving Iowa City this summer to take a faculty post
in Baltimore, Maryland. Parkel has been a Production Specialist and is leaving
Iowa City to pursure opportunities in Madison, Wisconsin.
Open Discussion:
Aliaire suspended the regular agenda to aliow an open discussion of proposed
changes to PATV's prime time programming policies. He then introduced
Sarah Dandallas, who presented a brief history of the prime time series
programming crunch. According to Dandallas, the principal events concerning
this issue are as follows: 1) An increase in programming requests led to
creation of the Programming Coordinator position in August 1993. 2) In
October 1993 Dandelles,.the Programming Coordinator, sent a mailing to series
producers detailing rules aimed at better management of series programming. ·
3) In January 1994 the Board assigned Wurtzler and Paine to study the sedes
programming crunch. 4) In February 1994 Dandallas sent a survey card to
series producers soliciting their views on sedes programming policies. 4) In
May 1994 Wurtzler and Paine organized a public meeting to discuss the
programming crunch; twelve series producers and providers attended. 5) In
February 1995 Dandelles composed another survey on programming, which a
number of individuals visiting the Access Center completed. 6) In March 1995
Marjorie Johnson, a community producer and business student, began an
intensive study of the series programming crunch. Her study resulted in a
lengthy report and five majo~ programming policy alternatives, as well as a
nine-item list of associated policy recommendations. These are the policy
options the Board is.now considering. Dandallas closed by emphasizing the
strong increase in prime time programming demand that she has seen since
becoming Programming Coordinator.
Aliaire then described the alternatives as presented in M. Johnson's report.
These alternatives are summarized in a document titled, "The Series Crunch...,"
which was provided to those attending the meeting.
APPROVED
There followed an open discussion of more than sixty minutes among Board
members, staff, M. Johnson, and producers in attendence, In general, no one
who spoke favored assigning programming preferences to producers by lottery;
more than one individual, in fact, urged the Board not to consider a lottery. All
who spoke expressed the desire to keep a secure time slot in order to build their
audiences. At least one of the producers who spoke expressed his willingness
to sbara a time slot if need be, and others joined him in favoring a cooperative
approach to managing prime time demand while disfavoring the alternatives
calling for periodic redrawing of PATV's programming schedule. Some
discussion also ensued on the subject of the number of reruns permitted to
individual episodes of series programs.
Based on this discussion, Board members agreed there needed to be a further
refinement of the proposed alternatives, Allairs assigned the Administrative
Committee to develop a final policy proposal to be acted upon by the full Board
at its July meeting. The Board did, however, act on the nine-item list of
associated policy recommendations, which is also enumerated in the document
"The Series Crunch...," approving eight of the nine items. They are: 1) Any
alternative chosen will be subjected to a review 6 months from implementation
and annually thereafter. 2) Prime time will be defined as the hours between
5:30 p.m. and 10:30 p.m. weekdays, excluding Friday, 3) Friday night
premierss will not be affected by any of the prime time alternatives listed, 4)
The number of programs required up front before receiving a series time slot
will be zero for live series, one for series involving timely commentary, and two
for series of standard video format, 5) Reruns will be reduced from a maximum
of two to a maximum of one; that is, each new sedes program may be shown at
most twice during the pdme time series run. 6) Under no circumstances is any
series permitted to have two prime time slots. 7) Channel 2 will be used to
announce all changes to viewers. And 8) any alternative chosen'will be
implemented by Sept. 1, 1995.
Following this action, the Board retumed to its regular agenda.
Minutes:
The May minutes were amended and approved.
Yet More Board Announcements:
PATV's summer interns, John Hess and Chad Bishop, introduced themselves.to
the Board,
Honore announced he is moving with his family to Montgomery, Alabama, and
therefore must leave the Board. He expressed appreciation to the Board and
staff of PATV.
Quigley announced he has applied for the vacant Workshop Instructor position,
and resigned his position on the Board in order to avoid a conflict of interest,
2
APPROVED
Reports:
BTC: No member was present to report on the commission's activities.
CHAIR: Allaim reported he met with BTC chair Cordell Jeppsen about BTC's
role in formulating PATV policy; according to Allaim, Jepson did not understand
or necessarily agree with cable administrator Drew Shaffer's assertion that BTC
had final authority over policies enacted the the PATV Board.
FINANCIAL COMMITfEE: Honors reminded the Board that PATV is
participating in a large grant application to the federal Telecommunications and
Information Assistance Program, administered by the U.S. Department of
Commerce, PATV joined a group of local organizations in applying for this
grant, which might fund the purchase of equipment. Honore will prepare a
memo on this.
ADMINISTRATIVE COMMI*I-I'EE; Allairs distributed material detailing the
selection process for new Board members. Current members who would like to
nominate individuals for future membership on the Board should bring their
suggestions to the July roseting. Allairs asked members to consider gender
balance as well as a balance of individuals who are not directly associated with
PATV.
OUTREACH COMMITTEE: Maurer reported he is drafting a letter to be sent to
local non-profit organizations regarding PATV services they may wish to take
advantage of. Wurtzler suggested that the Outreach Committee send thank-you
notes to producers and others who attended tonight's meeting.
MANAGEMENT: Paine distributed a memo by staff members Keri Stokstad and
Mark Wellles proposing that PATV initiate a program to provide Internet access
to community members, She asked that the Board consider this proposal when
it meets in July,
Old Business:
Paine asked the Board to approve a revision to the Staff Handbook, removing
the time limit for unpaid leave. Approved.
Paine reported that travel arrangements for the ACM conference are all in order,
Adjournment:
The meeting adjourned at 9:15 p.m,
3
o..ec vc Bac..
" }ar jainin
.n o
Using
Principle-
Based
Negotiations
Paul Grattet
egotiating agreements with nrganized employees hits been
one of the less pleasant aspects of the local government
management profession for me as a city. manager. The
idea that workers are on one side and management on the
other ahvays has seemed inconsistent with creating an or-
ganizational environment in which everyone is enconr-
aged to cooperate in achieving the organization's goals.
The traditional practice whereby each side presents its
demands and then spends endless hours. often beyond
the expiration of the current contract, defending its posi-
tion is a frustrating waste of time. The demands 'almost al-
ways are extremes that cannot possibly be achieved, and
everyone knows it. The bargaining--anything but "c011ec-
tire"--goes on, often acrimoniously, with threats and per-
sonal attacks as common tactics until solutions, usually re-
luctant compromises, can be found. This process does
not satisfy anyone because you sometimes have to give up
what you previously stated was vital, which is the same as
accepting a loss.
Such settlements do not foster workplace relation-
ships that focus enerbq..' on the work. Itsstead, effort is
spent on contract compliance issues or grievances, some-
times undermining the realization of organizational
goals. Difficult contract negotiations in the public sector
also do little to improve public impressions or support
for the local governmenc
Because I have worked in n~'o states, Ne~' York anti
Washington, where the process and procedures for public
sector bargaining generally were mandated by the state, I
t).th ,~talt's havt, been limited in
theh' ahilitv t*) develop anythin~ alii:
IL-r~nt. In 1991. I Lnov~d to Col-
eratio and tbttnd t~w restndnts on
came m collective bargaining. AI-
thongh I did uot expect to has~ to
deal with this subject iu my new job,
tim Greeley firefighters decided tn
petition t~r the right to bargain
4mrth' after my arrival. So 1 had a
chance tn do it difrerentl~ This arti-
cle rela~es my experience in devel-
oping an insdress-focused, collective]
bargaining process that after three~
years is working well.
Environment
Greeley, Milch is a home-rnle city,
began collective bargaining with po-
lice officers several years before, au-
thorized by a voter-approved cid'
charter amendment. Although the
experience with the police generally
was good. the city council was com-
fortable with the status quo and did
not want to approve further em-
ployee organization for the purpose
of negotiating compensation and
working conditions.
The firefighters already were orga-
nized and for several years had been
considering a petition for recogni-
tion. Although there were no big dis-
agreements at the time, the firefight-
ers ti:lt that such decisions as changes
to the pension plan had been made
by the council without the worker's
input. They also considered a con-
tract a safety net. should filmre coun-
cils seek to limit compensation or
take away benefits in times of fiscal
stress or competing priorities.
Soon after I arrived in Greeley,: the
firefighters filed a notice of their' in-
tent to petition for a vote on amend-
ing the city charter to require collec-
tive bargaining with their union.
Ahhough my experiences with col-
lective bargaining had been less than
satis~,'ing, I did not see negotiations
as something_to be o~osed on prin-
Public Management
ciplt'. Ill my iudglncat. h()wever. tilt'
wS~,'ding of ill(' charLet aulelldnlt'tu
had St)In(' ~el'i()tlfi pnd)lL:nls.
finenlly. ] a(hSsed {h~ til'di[h[~rs lhnl
it' they weut fin'ward with the anlelld-
mens as dralied, I woald send the
c()oncil a recomnlendation that it be
opposed.
From my study of the communiD'
political eovironment, it was not at
all clear that opposition by the coun-
cil and by me would ensnre that the
measure would be dekated. The fire-
fighters had a great deal of cornran-
nit} good will behind them, and it
would be hard for the administration
to argue agninst it because the police
experience had caused no problems.
Fortunatel}; all parties wanted
avoid a public controversy and the
possible creation of 10ng-term proN
lems whichever way the vote went.
Setting the Stage
At this point, the firefighters were ap-
proached with the suggestion that if
the proposed charter amendment
coul.d be rewritten to address some
of my concerns, I would make a rec-
ommendation to the council to place
the measure on the ballot, thereby
eliminating the need t0collect signa-
tures on a new petid0n. The fire-
fighters agreed, and a team was as-
sembled quickly to rework the draft.
The attorney whom Illired was ex-
perienced in labor relations and
shared my feelings about the tradi-
tional way of engaging in collective
bargaining. A new proposal was de-
veloped that was acceptable to all
parties. The council placed the mea-
sure ou the ballot, and it was ap-
proved by the voters. At least. the
groundwork had been laid to start a
new approach.
Key Elements of lite Charter
Amendment
Several parts of the amendment laid
the foundation [br principled nego-
tiation, a practice that is proposect by
Roger Fisher and V~'illiam
(1981) in tileit' hook
,\:r.'~4olialing .I.~elnenl litthorns (;ivi~lg
~. The medn)d prescrihed bv Fisher
and Ur':' has fi)tu' main elements.
~ First: .~>parnle the people from the
problem. This entails understanding
each other's perceptions of the situa-
tion. recugnizing the emotious in-
voh'ed and preparing to deal with
them..and commuuicating effec-
tiveh'.~ecoud: bbcus on int~vsls, not
positions, the hater being soltalons
that may not he the best that could
be accomplished. Focusing on inter-
esn requires an understanding of the
difference benveen substantive inter-
ests and relationflfip interests. 5~ile
the purpose of collective bargaining
is to resolve substanOve issues related
to the workplace, the ongoing rela-
tionship is important, and each party
should understand in own and each
other's relationship interests.
~Third: Invent options for mutual
gain. This undertaking can be chal-
lenging until the parties get prat the
presumption of a "fixed pie size" or
the preconception that there are no
other .solutions out there some-
where~ourth: hlsist on using objective
oit~a to e~aluate alternative solu-
tions that can lead to mutually satis¥
ing solutions.
Following are charter prm'isions
that contain these key element.
/'Statement of Policy. The policy
?stated three important priuciples:
1. Public safety requires no interrup-
tiou of services. that is, no work-
stoppages.
2. A harmonious working relation-
ship is a mntual goal.
3. Public sen'ices cau be improved by
the inmh-ement of employees in de-
cisions that 'affect them or that they
wonld be reqnired to implentent.
This policy'clearly established the
paramount I~}'tl interests. as com-
pltred with the different or opposing
interests of the parties.
5
Scope of Collective Bagaining. This
was established in the charter to
identify clearly the basic interests of
the parties, to eliminate what could
have been an issue in the amend-
ment vote, and to remove a poten-
tially difficult issue from the first con-
tract negotiations. The charter states:
Firefighters shall have the right
to bargain collectively with the
City respecting compensation,
hours, working conditions,
grievance procedure, agency
fee, and other terms and condi-
tions of employment of fire-
fighters.
While recognizing the legiti-
mate rights of employees to be
involved in decisions which af-
fect them, the City, nevertheless
recognizes that on balance, cer-
tain decisions are related more
closely to questions regarding
the quality or level or service to
the public . . . than to condi-
tions of employment. Accord-
ingly, it is recognized that the
employee's right to braTgain col-
lectively is limited and that the
City may, but need not, negoti-
ate over matters concerning: the
direction of work of the fire-
fighters; the decision to hire,
promote, transfer, assign, or re-
tain firefighters for cause; the
decision to lay off firefighters
for lack of work or funds, pro-
vided that procedures used to
implement such decisions and
the effects of such decisions are
subject to negotiations; the
maintenance of governmental
efficiency; the methods and
mef. ns by which firefighters are
utilized to perform operations,
provided , . . that minimum
staffing on a piece of apparatus
is negotiable; and the actions re-
quired to carry out the missions
of the City.
The section on management
rights was one of the most difficult to
6
s~'rite, bnt we ended up with a reason-
ably clear statement that yet provides
flexibility for the future.
Negotiation Process. The charter
amendment spelled out the process
of negotiation in considerable de-
tail, from the request to initiate ne-
gotiations to the final resolution by a
vote of the people should an im-
passe result. Important elements
that affect the format or character of
the negotiations process include the
following:
* Initial proposals are made to
identify "specific concerns or in-
terests" on which discussion is de-
sired. In other words, no de-
mands, positions, or offers should
be made at this point, following
the Fisher/Ury suggestion to
focus on interests.
· Next come discussions of concerns
or interests, to assure understand-
ing. This step is an opportunity for
each party to provide background
or to explain why the concern ex-
ists.__.~.For example, the employer
might indicate a desire to discuss
medical insurance costs due to
rapidly rising claims. While taking
this step helps prepare for the dis-
cussion of alternatives, it also helps
develop relationships and establish
communications patterns, separat-
ing the people from the problem.
· Next, the parties discuss the info,__..~r-
m~ation that needs to be...~he.r..ed
to facilitate diacuss--"i~ons, and they
arrange for th~s to be done in a co-
o.p_erative ~Z. The purpose of tfiis
step is to prepare for inventing op-
tions and developing objective cri-
teria for the best solution.
· Identifying options comes next.
Once there is a good understand-
ing of the concerns or interests
(these might be called issues, but
we try to avoid this word to discour-
age parties from taking sides), op-
tions or alternatives can be identi-
fied. Here, it is made clear that the
suggestion of a possible solution is
not binding on a party. In other
words, it is not an offer, ofily an
idea. Ideally this attitudeencour-
ages everyone to be open and to
put all possibilities on the table.
· Next, the preferred options are
chosen. '~fL after full analysis and
discussion applying the agreed-
upon criteria, the parties are able
to find a solution that meets the
needs of the parties, contract lan-
guage is drafted and approved.
* If the pro'ties are having difficulty
finding a solution that meets all in-
terests, outside parties can be
called in to help achieve a volun-
tary resoluti.~..on. This step
tail hiring an expert on a particu-
lar subject, such as on health plans,
who might suggest solutions or
who could provide information
and aid in understanding alterna-
tives. This also could involve retain-
ing a facilitator or mediator.
Resolution of Impasse. If after 45
days of negotiation, unresolved is-
sues remain, they must be submitted
to a process that is called ~advisory
fact finding" but that amounts to
nonbinding arbitration. The charter
spells out the selection procedure
and provides the authority and
scope to be allowed the fact finder.
An important requirement is that
the fact finder must recommend the
final offer of one of the parties. This
requirement was written to encour-
age each party to be realistic in its
final offer and to avoid the fact
finder's coming up with a solution
unacceptable to both parties. (In
three years, this point never has
been reached.)
Upon receipt of the fact finder's
recommendations, the parties have
10 days for further negotiation of a
resolution, If an impasse remains on
any items, the city must advise the
union of its accept/reject decision,
then the union has five days to do
likewise. Should unresolved issues
still remain, the issues are submitted
to a vote at the next election,
July 1965
Preparing for Ne!lotlaU0ns
After the vote on the charter, we had
several months to prepare for the first
contract negotiations....% some train-
ing was needed before starting negoti-
at-~ons, the firefighters' negotiating
team was invited to participate with
management m a three-day program
conducted by a consultant sldlled m
principle-based methods. I~veryone
was given a copy of the book Getting to
Yes before the training session.
The three-day session consisted of
learning the principles of interest-
based negotiations and practicing
with role-playing sessions. The train-
ing also focused on communication
because'' effective communication
would certainly be the key needed to
break out of the positional 13argain-
ing habits most of us had developed.
This focus was particularly helpful to
the union team because its members
had no experience in collective bar-
gaining. As management personnel
learned, "Power is a product of the
interpersonal relationship, not of the
individual" (Hocker& Wilm0t 1991).
Results
Negotiations with firetighten have
gone smoothly for three years now,
and contracts have been negotiated
within the required time frames. Out-
side assistance has not been called
for; nor has referral to the voters.
The first contract established a
labor/management committee that
has helped improve internal c0mmu-
nications and provided an opportu-
nTty for employee input into decision
making, one of the stat~'~d'p0u'-Ti~b-
j(ctivts.. Management has learned
that allowing input does not require
relinquishing authority or giving up
management rights.
The process has enabled us to re-
solve such tough issues as c0mpensa-
don with relative ease. It has been
agreed, for example, that firefighters
should be "compensated fairly," de-
fined as being paid at the same rates
Public Managemerit
When the foous is
on interests,
it often is possible
to develop win-win
solutions.
paid for similar positions in the re-
gion. A methodology has been
worked out for calculating the aver-
ages on which the pay rates are deter-
mined and on which the necessary
data have been collected and calcula-
tions made. In the end, this process
provided only one answer, and there
was no need for either side to defend
a position or make a compromise.
There were no losers. Interestingly,
t~is approach has all but eliminated
the parity issue between police and
fire, and different percentage in-
creases on an annual basis often have
occurred.
This methodology also helps the
city council fend off the persistent
complaints about public sector wage
levels, which average higher than
some sectors of our local economy.
Attention is not given to such factors
as cost-of-living changes as reflected
by the CPI, although our results by
virtue of the methodology tend to be
close to the CPI.
A Wortilwhlle i~rocess
Principle-based collective bargaining
is a better way to negotiate. Among
the primary benefits are these:
The long-term relationship is en-
hanced by encouraging coopera-
tion and collaboration between
management and firefighters.
· The focus is on common interests.
rather than differences. The feeling
is that We did it together," not that
one side won and the other lost.
· Employees feel empowered, which
means they are likelier to share re-
sponsibility for resolving problems
and achieving goals than to de-
mand fights.
· The process has a structure with
clear boundaries and steps for the
resolution of an impasse (as in the
final offer requirement) that moti-
vate the parties to negotiate seri-
ously from the beginning. I believe
this is an advantage over binding
arbitration, which letssomeone
else hake the tough decisions.
While the voters may make the
final decision, the process is a pub-
lic one that tends to make the par-
ties more accountable. I doubt that
we ever will have a vote.
· Solutions can be more satis,lying
than the compromises that typi-
cally result from positional bar-
gaining. When everyone is busy de-
fending positions, it is hard to find
time to invent solutions. When the
focus is on interests, it often is pos-
sible to develop svin-win solutions.
· If mangers can accept the idea that
sharing power is a way of enhancing
power, it is easier to put all the cards
on the table. Also, the communica-
tion skills needed to make this pro-
cess work can be learned.
Best of all, the concept of interest-
based negotiation can be used in
many types of dispute resolution in
any organization. ~
References
Fisher, Roger, and William UO'. Getting
to Ye~: Ngotiating Agreement Without Giving
In. Boston: Houghton Mifflin Company,
1981.
Hocker, joyce L., and William W.
Wilmot. Interpersonal Conflict, 3rd ed.
Dubuque, 1owa: Win. C. Brown, 1991.
Paul Grattet is city manager of Greeley,
Colorado.
'0 in Sus' '
eve.. ;a ua}..e
Communi'
;les
~t?'.z..g.~..q~.'~ ~':-~ .We sh&ll require a substantially new
a ,,~ ,~mana~ of thinking i/mankind is to
~ " s~i~.
The
Future
IS
NOW
Don Gais
and
Tammy Kutzmarl~
--,-M.aeaT EINSTEIN
ommunities of the htture will be very different
from the oiles we live in toda.~; These commu-
nities will need to be different becanse, ,~ we
move through the end of the twentieth cen-
tury and into the twenty-first, we face a whole
new set of socioeconomic, technological, and
global' forces that are unlike those that
~ brought us to where we are todal;
The renaissance fueled by these forces xs511
dlwar f any we have experienced until now. It will aher dra-
matically the ss~ay we live in our communities, their form
and function, and, most critically, the way we plan and de-
velop them. At stake is the quality. of life, not only for our-
selves but also for our children and grandchildren. Local
governments will need to understand these forces and to
move one step ahead, using this knowledge to maximize
the plannihg and development process and to improve
the places iu which we live.
Only by applying this knowledge can we sustain our
communities and derive benefit f,'om an increasingly
complex htttu'e. The challenges that we as it nation face--
eco,~omic viabili~ deteriorating intYastrttcture. natural
disasters, eavironmental pollution. social disintegration,
loss of conmumity; crime anti violence. urban blight, and
unmanaged growth--can be viewed either a~ our shared
doom or as our common call to action. a universal oppor-
cnnity to change, improve. aud
optimize. Sostainable cammunities
are nothing lc'~s than ll~e key m opti-
mizin~ mn' l~mtre.
What are sustainable communi-
ties~ Why are they impormnt~ ~at
benefi~ do they bring~ How can we
create them~ How have communities
sncce~fidly applied the principles of
sustainable developmen0 This arti-
cle will address these questions and
provide local governments with a
framework of knowledge dtat they
can use to snstain their comnnmities
through the planning and develo~
meat of the built enfironment. Iu
objectives ~e, fi~t, to demysti~ and
"pmcticalize" the concept ofsusmin-
abiliw and. second, to explain how
local governmen~ can apply the im-
portant tools of this process to
achieving sustainable communities.
Origins of Sustainability
The 1994 ICMA Annual Conference
in Chicago included a session enti-
tled Planning Sustainable Communi-
ties: The Future Is Now. This session
was attended by more than 125 ICMA
members, a turnout that shows con-
siderable interest in this approach.
Over the past five years, sustainable
development has found favor with a
number of national and international
organizations, including the Presi-
dent's Council for Sustainable Devel-
opment (PCSD), the National Associ-
ation of Counties, Public TechnoloD;
Inc., Concern, Inc., and the United
Nations (U.N.). Comnmnities across
the nation--from Seattle, Washing-
ton, and Portland, Oregon, to Austin,
Texas, and Boulder, Colorado, to
Valmeyer, Illinois, and Chattanooga.
Tennessee--have implemented pro-
grams in sustainable development to
resolve problems of public trans-
portation, recycling, energy, conserva-
tion. muural hazard mitigation, and
other matters.
Some of the first ideas of sustain-
ability. came in the 1950s from Aldo
Leopold, who raised concern for an
Public Management
'l]le hitmatt uwb' .]
tlti~ Clmde.~lmt. .b'.uth
tmtl~ibttle~ to the
cotamttttily'~ lit,ability
and de.~irabilit)' for
I~th i~ ~aidents and
vidto~.
environment's
carrying capacid'.
or its abili~' to ab-
sorb Iraman influ-
ence and still sns-
taln all of its life
forms and processes. In the 1970s,
Garret Harding placed that concern
squarely in the community context
with his compelling Tragedy of the Com-
mons, which described tile destruc-
tion of a village green through indi-
vidual cases of overgrazing.
Webster's dictionan,' defines sus-
tainabili~' as "using a resource so that
it is not depleted or permanently
damaged." The key words are resource
and use. Essentially. sustainability is
the effective use of resources---natu-
ral, human, and technological--to
meet today's communi~' needs while
ensuring that these resources are
available to meet future needs.
The most commonly accepted def-
inition of sustainable development
came from a 1987 report by the U.N.
World Commission on Environment
and Development (UNEED): it is de-
velopment ~that meeu the needs of
the present without compromising
the ability. of future generations to
meet their own needs." This general
definition has been used to identify
more specific policies. William D.
Ruckelshaus, former administrator
of the Environmental Protection
Agency, reinforced the integral rela-
tionship between ecoarunic develop-
meut and resource consers'ation in a
September 1989 article in Scientific
American, in which he defined stls-
rainability as "the emerging doctrine
that economic growth and develop-
ment must take place, and be main-
rained over time, within tile limits set
by ecoloD', . .. the interrelations of
human beings and their works, the
biosphere and the physical and
chemical laws that govern it ....
follows that environmental protec-
tion and economic development are
complemenmn,' rather than antago-
nistic processes."
The concept and application of
sustainability evolved further during
UNCED's 1992 Earth Snmmit in Rio
de J,'meiro, where 120 nations agreed
to an agenda for the actions needed
to sustain global development into
the twen~'-first century. Agenda 21,
as it was called, sparked the creation
in 1993 of the President's Council on
Sustainable Development (PCSD),
whose work is intended in part to ful-
fill the United States's comminnents.
Concern, Inc.'s definition begins
actually to detail the sustainable com-
munity as one that "...seeks imprm'ed
public health and a better qttali~' of
life for all its residents by limiting
waste. preventing polhuion, maximiz-
ing conserxation and promoting effi-
ciency,; and developing local resources
to rexftalize the local econoinC'
The sustainable community is a
model, an ideal set of goals to work
toward. But it also is a philosophy for
em'isioning those goals and a practi-
cal problem-solving process for
achieving them. The problem is
clear: perhaps the most telling reflec-
tion of otn' cotnlnuniB."s character
can be found in the built environ-
ment, yet increasingly it reflects dis-
5
Nn-awl and .s'cr~dMms Ihe tll'1~all
pa<'il? t~r clean '.~alt'r alld air. all~r/l-
ab](' h(nl~hl~. alH[ WHMe Inana~e-
mcnl. h'onicalh'. Ilwst' IreraIn have
happened in lht' nallle nl'Pro~resn.
Scientific knowledge. The tiekl of
data collection and analysis hits
evoh'ed to provide an improved tin-
derstanding of the social and envi-
mnn~ental impacts of tile phmning
and developmen[ actions taken over
the last centun: With the new tools
oF the scientific methodsland satel-
lite technolob?, geographic informa-
tion systems, ccnsus data, risk analy-
sis, and other~decisionmakers have
more information and accountabili~'
then ever betbre abont how commu-
nities work, how decisions have af-
fected them, and wha~ shmdd be
done in the thture.
Technology, TechnologT's revolntion-
a~ hand is seen in the automobile,
high-speed transit, and a communi-
cations industry that has devised the
CD-ROM, the fax machine, anti the
Internet. It has created and revolu-
tionized entire indastries: cable tele-
vision, agribusiness, and recyclables,
to name a few. If nsed effectively, a
"technology of community" could
connect people and their institu-
tions, resoh'e conflicts. buikl mm'-
kets, optimize existing businesses.
maintain equal access to goods and
services, and begin to achieve other
communip,'-drix en goals.
Social awareness, American sotlets is
increasingly aware of itself, and this
mvareness is accompanied bv both
tension and a heightened sense of re-
sponsibility. While the political
meaning of democracy is tha all peo-
ple are entitled to a good quaIlls of
life. the practical reality oF demoo
rac~ is}hat no connnnni~' will sin'vive
without it. Even mnre important
than acknowledging diversity within
communities is empowering them to
Public Management
Om'fidly pla.ned public spaces smh as this
one in A~'w Orleans' F~rnch Quarl~ enhance
~th the ~ocial and economic viabilily of a
find solutions and to achieve it
higher quality of life.
Health and safety imperatives. Hav-
ing overcome the 18th- and 19th-cen-
fury threats to life from poor hs'-
giene; primitive medicine, and orban
overcrowding, America's hospitals
face new health problems symp-
tomatic of today's urban conditions:
handgun violence, AIDS, domestic
violence, sick bnilding syndrome,
crack babies, chronic akoholism.
What is noteworthy abont these
threats is not only the severity and
epidemic nature of them bot also the
widespread recognition that they
constitute community problems and
require coremtraits' solutions.
New ~conomics. q-he flew econonlics
of the taventv-first centtu-, will encom-
pass broader concerns mid will have a
broader application than in o~her
ph~es of economic histom h is an
economics for ecolo~' and socie~;
simultaneonsly conse~x'ing and main-
raining equal access to remurces. It
has a local b~e and ~global lbcns. re-
news and maximizes existing bttsi-
nesses and materials. uses job creation
to reduce unemplosment and under-
ctnplovlnellt. alld invoh't't; a cllenl
bltst' Ihat ulak,,',; qnalitkol;lii;e dt'ci-
nltllls. bh,st hnporlalll. it seeks to
achieve mnhiph. commnnity goal,.
Ihrongh economic actMtL
All o1' these Ibrces slnndd he ac-
knowledged for Lheir itnpacts on and
potential opportunities fi.' the core-
mrelics; Properly harnessed. the,e
tbrces can play important rol~s in
achieving the goal~ of st~stainitble
Benefits of Sustainability
Sustainal:fility is good bnsiness from
the social, economic, and environ-
mental perspectives. When tied to a
commonitv's vision, sustainable de-
velopment can resoh'e sttccessfulh'
many key issues faced by cmnnmni-
ties today. Within the context of the
built enviromnent. snstaioable devel-
opment is especially effective and ill
a tangible waF
For example, a park can be a sns-
tainable component of the ecolo~
and a communi~' focal point when it
fs planned not as a parcel bnt as a sxs-
tern supportis'e of and accessible to
all kinds of living things. It can be a
catch basin for stormwater rnnoff. a
means to mitigate flooding and pol-
Incion, a centerpiece for economic
development initiatives. a place of
serene beauty and contemplation.
and a showcase and habitat for local
plant and aninlal species.
Across the cormtry, snstainable de-
velopment has ott;.'red practical ~oht-
lions to connnon problems, Seattle
based its highly eflbctive recycling
and waste redttction progranl on sns-
lainable themes and now applies tile
concept in its efforts to curb sprawl.
to preserve the landscape of the Car
cade foothills. and to enlarge the
public's role in die plmming process.
Boulder. Colorado. created url)an
growth boundaries and improved
transportatiOll optiona to snsrain it,,
qualiP..' of life and scenic edge. Austin,
Texas, established a Green Builder
7
,a'dc'r and d~imcgrathm. Pc.pie
cam.,t ~ullk and pkly ~al~'h.
bc)elmo(l~ lack eolw~ion. buildi.~
are tull ( ) I S (; I e with theh' snrrottlld-
illgS. hunlall en(OUllters are marked
by [~'alL and the nattu-al envh'onment
is overused and polluted.
Bill we are 1~11~ to solve new
problems with out(lnted ~ercepfions
and phoming. ~eibre local g0~rn-
merits can provkle the qnalky of life
thai thch' comnumhics will ~eqltlr:'
tO ¢,llrvive, they will Ilet'd It} t'batl~e
theh' percel)tit)n~ of ~conuntitlitx'-
and to trauslatc tllosc new pel'Cel~
lions into pl]lctica} nletbods (if [)litli-
ning, developing. and rehabJJJlaihlg
those colnllnntitie~,
This apprdach~sustainablc (level-
uplneni~an Ce~)kli}nuize [be way
local ~overnnleuls gLfide conllntltlJty
growth. social{y, envh'onmentally.
Sustainable Development Resources
Foe infornuttion on sustainable clevelopmeot for local governments,
here are some of the people who can help:
David George, National Association of Cormties, 440 1st Street, N.W.,
~hshington, D.C. 20001, 202/942~243.
~nette O~o or Jack Werneh Public Technolo~', Inc., 1301 Pennsylva-
nia Avenne, NAgZ, Washington, D.C. 2000~1793, 202/62N2400.
~gela P~k, President's Council on Sustainable Development, Sustain-
able Communities T~k Force, 730 Jackson Place, N.~Z, ~hington,
D.C. 20503, 202/40~5342.
S~ Boyd, Concern, Inc. 1794 Columbia Road, N.W., Washington,
D.C. 20009, 202/32~160.
~ence Do~ey, Austin Green Builder Programs, Environment and
Consen'ation Seaices Deparunent, 206 E. 9th Street, Suite 17-102,
Austin, Tex~ 78701.
Sm~ey Ze~r, O~ce of the CiW Manager, P.O. Box 791, Bonl4e~ Col-
orado 80306, 303/441-3090.
S~ ~de~on, Ci~ of Portland Ener~' Office, 1211 S.W. 5th Street,
Room 1170, Porfi~d, Oregon 97204. 503/82~7223.
Dennh ~obloch, O~ce of the Village Administrator, 618 Sontb Meyer
Aven~e, Valmeyen Illinois 62295, 618/935-2131.
J, G~y ~wxence, Center for Sustainable Communities. Cascadia Com-
muni~' and Envi,'onmeut Institute, Universi~' of ~tsbington, 224 Gould
Hall, Box 355726, Seattle. ~hshington 98195-5726, 206/54~7679.
Internafionfl Council of Loc~ En~ronment~ Initiatives, Eighth Flora;
East Tower, Ciw Hall, ]bronto, Ontario, M5H 2N2 Canada.
Sm~na MacRenzie E~ton, Communi~ Sustaioability Resource Insti-
tute, RO. Box 11343, Takoma Park. Maryland 20913. 301 -58~7227.
Rocky Mount~n Imfitute, 1739 Snowlnass Creek Road. Snowmass. Col-
orado 81654, 303/927-3851.
Chiles M. MeLee, .~pea [nstitnte Series on the Emironment in the
21st Centuu; Denver Research Group. EO. Box 11568. Aspen. Col-
orado 81612, 970/920-1259.
;utd wclmoh)~icaih. It rcprc,t.nt,~ tilt'
I)esl im,sible Ol)l),Wtunitx t,, aplA}
dw existing to. Is of the ifianuing
and deveh)ptneut {)rocesn tmsal'd
goal-driven decision making. 'Fbc
practical tmder~tanding and applica-
tion of snsmimtbili~' are kex~s to im-
proving the lik'--and qnalitv of
lif~ffa Cinlnllnnity.
Forces Driving
Sustainability
While sustainability bas its roots ill
the environnlental leaditious of the
pltst, it also is irttluenced greatly bv
forces nnique Io this decade. Local
governlnents can recognize these
{beces fi'om their impacts oa a varie~'
of decisions made in their own com-
munities over the last 10 years. Then.
thex can begin to see these same
forces as part of the lm'ger picture of
sustainable development, which can
unite these decisions ioa compre-
hensi~ and integrated strategy to
guide them into the future. These
forces ioclude:
Limited resources. Natural and
hitman resources are finite. Local
governments face declining forest
and range lands, spiraling utility
costs. unskilled woekers, and corral-
less other limitations that denland a
"more with less" strate~; Aud wheee.
in the past. a viable economic base or
t~deral dollars would have applied at
least a bandage to the prol)lem. com-
munities today t~ce footIonic indu,-
tries. dillicuh bon(I markets. and a
~detal goxeriunent that mandates
more and tklnd~ less.
Urbanization. The classic .\hierican
firbali tbrnl--strip development. sn-
* perbighwass. alltl suhdix ision~--pro-
liferates acro,~ the nation's land-
scape. reaching small towns and
rltral conlnlttnJtie~ that are tUlaC-
quainted with and o{ten resistant to
this form. At d~e same time, such tra-
ditional urban hubs us Los Angeles.
Phoenix, and Washington, D.C., ex-
~ugust 1995
I'ortlalnl. ()rcgon. launched an inilia-
risc fla' carbon dioxide rtqlm.'ti~11
hased on sustahlal)l~ ch:m~es to the
buih envinmment. And. Vahneyer.
Illinois, used sustainable planning
pntcticcs to relocate odtsidc the Mis-
si.*4ppi flo.dphtin and to mitigate tit-
tnrc flood damage.
These comnnmities and others
demonstrate the muhiple goals of
sustainable development. Sustain-
able develupment can enhance a
sense of place, reduce crime, miti-
gate natural h~ards, conserve en-
er~' and reson~ces. presevv¢ culture
and heritage, improve tm~c circula-
tion, and -educe wustc. It can attract
more viable economic de;~lopment
as competition among communities
tbe high-quality businesses becomes
more intense. Perhaps most impof
tam, it can help relate and integrate
the many components of a commu-
nig' to }chie~ a synergistic whole.
Role of the Built
Environment in
Sustainability
"We 'drape otu' hullcling'; and then
they shape tts," said Witston
Churchill. in the context of po~t-
~%brld War 1I reconstntction, speak-
ing ~ ~nttch of neighborhoods and
conannnities ~ of buildings. Therein.
said Vincent Scully, is ~read their
sen~ of their own identi?... [and]
their relationship to fate." Frank
Llosxl Wright consklered the buih eo-
Vil'omnent to be "[Fozen music." EVell
more than that, it is fi'ozeu philos¢~
phy, a manifestation of what the com-
muniD, believes, xalttes, and strives to
be, ~ ~ell ~ an archive of its own de-
velopment as a civilization.
The built environment is the io-
frastructure, civic and selwice cen-
ters, parks and planned open spaces,
neighborhoods. landmarks, roads
and ~s~lkways, and all those public
and private places that compose the
communi~' and constitute a critical
EPA Offers Assist~nce to Communit~as with New Ideas
This past month, the Environmental Protection Agency (EPA) an-
nounced that it will accept proposals from local entities that can
demonstrate excellence and lead. ership (XL) in community-based, al-
ternative environmental management strategies. The XL Community
Pilot Program is one of the 25 high-priority actions outlined in Reinvent-
ing Environn~ntal Regulation, published by the White House on March
16, 1995.
Local governments, regional area consortia or governments, neigh-
borhood and commnnity organizations, and other local entities are eli-
gible to participate. In exchange for a commitment to achieve greater
environmental performance, EPA will offer regulatop:' flexibility. anti
technical assistance and support. EPA will review applications on an
going basis.
ICMA's Enviromnental Progt'ams staff will hold an information ses-
sion about the new program at IC~L4's Annual Conference in Denver.
The criteria for selecting projects include; provision of superior levels of
environmental protection, stakeholder involvement mid support, estab-
lished methods for communi .ty participatimt, 'economic opportunity, a
multimedia ¢n' pollution prevention focus, transferability, evaluation and
monitoring of resttits, and equitable distribntion of em5romnental risks.
Commtmities seeking consideration for the first round of pilots need
to submit proposals to EPA by September l, 1995. For additional infof
marion, contact Chris O'Donnell, EPA's Office of Policy, Planning, and
Evaluation, at 202/260-2763.
8
tile inlt'rat'ti'st' rt.,Jali~mshij) h,t.l.Xvt,ctl
people and the huih t'llt.'irt~lunt'111
;.nul to unite these two elemem,; in a
way that optimizes each. Th,d actual
physical meditjm through which sus-
taimthte communities are realized is
iu tktct the built emirmnaent.
An integnd relationship exists be-
tween how a conmntnin' is plaaned
and dexeloped~its from, configura-
tion, and ttse~and its capacity to
meet its social, envirolllllenllll, and
economic needs. CmumuniO' form.
which represents the needs and pri-
orities of the commtmi~; directly in-
fluences community capacity to sustain
itself into the future.
The process for planning and dex~l-
oping a commttnit}~how the com-
ponents and systems of its built envi-
ronment are created. sbaperi. sod
managed~greatly influences the
goals that the cmnmunity can
achieve. The planning and develop-
ment process is an invahtahle ?-
source, one that has been vastly tin-
derused in the past. Abme all, it is a
managono~t tool with great potential
to aid communities in achieving
their goals. This process is guided bx
local decision making and policy cre-
ation and implemented throttgh the
tools of the planning development
process~development gnidetine~.
comprehensive planning. capital
bridgeting, zoning, subdidsion regu-
lations, and btfikling codes. Local
governments make decisions exert
dax; based on the needs mid priori-
ties ot their communities. Nearh
e~ e~x decision sod reshiring action at
this level affects communitx tia'm
and in turn the connntmitx's capaci~
to serve complex and grinring needs.
This integral relauonship. its well
as how the plaaning and develu~
luenl process tigures ill that relation-
ship. ~i~es risc to certain critical plan-
ning consicleratioas. Am¢~ug rile
that mnst be considered dttriug this
process m-e: size, scale. height, and
clensi~' of bulklings and inti'astruo
August 1895
lure: ct.logical considt'rattons like
nvi~hlmrhoodn widd~ thr
nil)': ill't~111g~111(~111 and mix ot' aclivi-
ti~s. land ns~s, developed versus open
space~ and public versus private
~pares; vistlal relationships anlollg
landram'ks. streets. haildines, and
other elements oF the built tbrm;
pre~eare, location, and vitality of
communi~' t~cilities and service cen-
ters: public n'ansportatinn and pede.~
trian systems: the relationship among
urban, std)urball, and rural
lugs: and the cohesion of the region
in which the comrnunig' flu.
Research and practical expefieuce
over the uast few decades have
tanght as a great deal abont the role
of the bailt environment and the p~
ternial fo~ this process to create a sus-
tainable communiD'. Natural h~ard
mitigation, crime preventioa, ener~'
conservation, and viable neighbor-
hood development are practical
ampies of how this proce~ can be
ased. In short. planning and devel-
opment are the' proce~es of shaping
and managing the built en~ronment
to achim~ commtmig, goals--in this
case. a sustainable communi~.
EnvisioninB the Sustainable
Community
Ratbet than trying to define snstain-
abifitx; local governments should in-
stead begin to envision it. This ap-
proach allows the concept to remain
flexible and applicable to a connuu-
nity's unique qnalities. Out of that vi-
sion come tile goals and priorities of
the commnni~', which represent the
needs it must meet through its plau-
niug and des'eloprne,~t process.
In Lewis Carroll's story Alice ia
llbndellalld, ,Mice asks the Cheshire
(:;it. "Would you tell me, please,
which way I ought to go t?nm here.:"
Tile Cat answers, "That depe, nds a
good deal on where yon want to get
to." *l don't much care where,"
Public Management
rcplic*. ,\licc. only to Ix' allSWt-l'C'¢l hx
thc Cat: "'[*hel~ it doesn't m;tttt'r
which x~av vott go." ".~ long :rs I get
soznt'xxbert'.'* Alice added
pllma{i(m. 'OIL yott*re stu'e t() (Io
that." said the (]tit. 'if y(m only walk
hmg ennngh."
Most of America, Ilk Alice. has
known (u' cared little where it was
going with regard to planning and
(It'vt'tolmteut. Commutfities have
goltetl ¢.onlcwhere tiller walking. or
ralher driving. a Ion~ tim~ ~ttL ~et-
Lin~ somewhere" is not ~ood
cmmgh; it bas. ill mativ cases, been
conntcrprodnctive andjnst plain bad
phmning. Cnnnmmities need to clm'-
i~' where tbey want to go. The clear
formulation of goals and priorities is
continual on page 11
Ps, actlcal ~x;~mples of Sustainability
U
Crime Preveption Through Environmental Design (CPTED). Crime pre-
veution w,-cs one of the first problems to which the environmental design
research principles were applied in the United States almost three
decades ago. Toda); one can see that this method of problem solving in-
volved nothing less than using the built environment to achieve a sus-
tainable community goal. in conjunction ~cith programs like commu-
nity-oriented policing and cohesive neighborhood organizations,
CPTED significantly can discourage criminal activity. for individual
buildings and for whole neighborhoods.
Focusing primarily on public spaces. CPTED uses design principles to
convey an atmosphere in which criminals will be observed and identi-
fied and are uot likely to escape, Further defensibility is achieved
through clear demarcation of space, good lighting, clear sightlines, and
remo,,~d of walls, shrubs, and other elements that impair visibility or pro-
sfide hiding places. Above all, ensuring the viabill .ty of public spaces is
the most effective design deterrent to crime; techniques include positive
activities, the prevention of decay (trash, broken windows, and so on),
and the creadon of a sense of place.
Natural Hazard Mitigation (NHM). NHM has become an effective solu-
tion to the spiraling and catastrophic social, environmental, and finan-
cial costs of natural disasters. NHM allows local governments to prevent,
minimize, and recover more quickly from disasters, essentially sustain-
ing their communities through disasters.
Nearly all costs dedve from the failare of the built environment to re-
sist the physical forces of natural disasters (high winds, heas?' flooding,
seismic activity, and other forces). Damage is compounded by the stress
placed on the physical environment during disasters by evacuations, cix41
disorder, and high demand for local resot,rces. NHM creates develop-
ment conditions that complemeut, not interfere with, the environment.
Within floodplains, for example, such critical facilities as water and
sewer treatment, utility plants, and primal' transportation routes are
sited on higher ground.
In earthquake-prone areas, development--especially of critical facili-
ties like health, safety, and civic centers--should avoid faultlines and fill
areas. Other planning considerations lbr snstainable communities in-
clude compensating for the predicted movement of earthquakes and
the pounding that buildings. especially corner buildings, will experi-
ence: maintaining a hierarchy of open space within anti around urban
blocks; and keeping access roads free from development.
Sustainable Development Examples'
Bonlder, Colorado
Boulder has an ttnttsttally high alti-
tude and arid clinmte that, while
creating an exceptional vacadon en-
vironnleut, also give rise to certain
physical limitations: inadeqnate
water supply, air inversion cnncli-
dons, poor soils for solid waste dis-
posal, and excessive erosion. Boul-
dec's snstaiuable strategy was based
on an understanding of its nnique
car~ing capacity.
To manage its explosive popula-
tion growth, Bnulder enacted a 1
percent growth management ordi-
nance and created urban growth
boundaries, height ordinances,
High-Hazard Flood Zone regula-
tions, and a c~mprehensive plan
with a compact urban sen'ice area.
Becanse population gros~xh w~ tied
directly to the capital budgeting
process, Boulder w~ able to antici-
pate the need for new pnblic facili-
ties and uflities and for additional
private sector ~xes.
Besides growth management.
another priority was to preserve
the' sensitive ecology of existing
open space, most of which is un-
suitable for urban development
due to slopes, wetlands, and flood-
plains. Boulder instituted a pu~
licly approved sales tax and pur-
chased most of this open space. In
addition, the city established a
process to assess land uses and
started a greenbeh program for
buffer-zone planning and passive
recreation.
Boulder, which also needed to re-
store the IMbiliW of ~e built en~-
rotaneriC. hinged-this priod~ on the
reduction ofaoto use. Dedication of
certain cin~ road funds for ahemative
transportation modes resuhed in the
creation of 20 miles of off-street bicp
cle paths. Prm~sion of sobsidized bus
p~es increded b~ ridership by 30
percent per ~elw. The pri~te sector
snpported the initiative by providing
employee incentives to use pnblic
transport, running shuttle se~wices
and vau pools, and offering free de-
livery. sen'ices.
Austin, Texas
Anstin's Green Bnilder Program is a
model for snstainable homebuild-
ing that ties euergy efficiency to de-
sign cciteria. Recognized by the In-
ternational Council for Local
Environmeutal Initiatives at the
United Nations's 1992 Earth Sum-
mir, Austin's strateg3' is an answer to
the question of how residential
housing influences the built envi-
ronment through the availability of
natural resources and the quality of
the environment. The goal of the
program is to educate home-
builders and homebuyers about sus-
tainable practices in home con-
struction and living that are both
resource-conserving and affordable.
Key components of the strategy in-
clude consen'ing water and energ%
maximizing local building materi-
als, and reducing solid waste.
Design techniques use harvested
rainwater, control runoff, grow buf-
falo grass to promote a water-effi-
cient and drought-resistant lan&
scape, use solar water heaters and
other energy-efficient appliances,
avoid the use of materials titat con-
tain volatile organic compounds
and contribnte to outgassing. use
recycled flyash concrete in founda-
tions. build in a recycling center,
and compost organic wastes. Actstin
provides a Green Building Gnide that
explains the major themes of the
strategy and provides a checklist for
rating homes to get a Total Sustain-
ability Score. A recent collabora-
tion with Habitat for Hnmanitv has
expanded the program to train at-
risk youth to build "green" homes
for low-income families.
Portland, Oregon
Portland is tile first major U.S. cip,'
to acknowledge officially and to mit-
igate global ~,racming. In 1990, it be-
came one of 14 cities w'oddwide to
participate in a cm'bon dioxide
(CO'-') reduction program spon-
sored hv tile International Council
for Local Environmental luitiatives.
Portland's strategy is driven by an
understanding that cities, among
the most energy-intensive ecosvs-
tents on earth, are major producers
of CO'2, a key factor in global warm-
ing. Portland's goal is to reduce CO'-'
emissions from 10.1 million metric
tons (MMT) to 8.1 .gINIT in 2010, a
20 percent rednction from emis-
sions recorded in 1988.
Through this strateD; Portland
will reduce air pollution and re-
liance on nonrenewable energy re-
sources, expand recycling efforts,
promote tree planting, and prevent
urban sprawl and traffic congestion,
in addidon to meedng the economic
goals of encooraging udlides to pro-
vide cost-effective electric power and
natural gas sen'ice and reducing en-
ergy bills clavicle.
Changes to Portland's built envi-
ronment included (1) maximizing
its existing road systems by coordi-
nating traffic signal timing, limiting
the humher of CO~-producing vehi-
cles, and reducing temporal, con-
gestion through better accident
management; and (2) offerlug com-
rotsting ahernatives through the ex-
pansion and accessibili? of pnblic
transit anti by making roadways
more bicycle- and pedestrian-
friendIs; The planuing of 140,000
street trees will not only offset CO-~
entissions but also contribnte to
Portland's reforestation efforts.
Portland has linked CO._, rednction
with ener~' efficiency in bnildings
by promoting weatherization. use of
energy-saving appliances, and con-
10
August 1665
sLq'¥atioll ofcleelricilv. Ilalnral
and I)etroletun fuels.
Vatmeyer, Illinois
After tile *lidwest tlnods of
1993, tile objectives tbr Vahneyer,
Illinois, were clear: to recover sad
rebuild. But even with the imnletli-
acv of Valmever's necds, the cnm-
mtmi~ had tile insight to address
another, les~ obvious btu eqaally
important objective: sastainallle re-
d;eveh}pntent. Witit lite help of the
U.S. Department of Ener~' (DOE)
and the Federal Emergene,.' Man-
agerecur Agency, Valmeyer is using
the planning process to res0lre
problems with tile uatttral emiron-
merit while reducing energy costs
and restoring the tax base.
Eligible for nearh' S30 million
in federal disaster relief, Valmeyer
became the first of the tlood-su'uck
conununities to decide formally to
relocate and rebuild grit of the
floodplain. Using a DOE-fimded
design assistance teain from tile
American Institute of Architects,
Valmever coordinated a design
and town plantting charterre to
gain inpnt t¥om residents on how
they wanted to rebuild their c0m-
munity and to draw from technical
expertise on approaches rmlging
from passive solar architecture to
geothermal heat pnmps and
neighborhood preservation.
9,qlile some critical decisionv-
such as site location. site platti0g.
aud wastewater options--had heen
rustle and implemented too late to
consider input from the charreue,
%hncyer was able to meet maav
cmnmunity needs through the
process, such as mnhifamilv h0us-
ing, outdoor civic space, a bnsiness
district, and a heritage and design
connnission. Vahneyer's experi-
euce also tanght other commu0i-
ties a crucial les.son: to consider
sttstainability early in the redevel-
opment process.
Public Management
r.nlt.tttvl/n~m pa. ffe 9
A Mislaillab[e colnnnlni[v [ornln-
laws goals litat are i'o.ted iu a i'espt'ct
laid InnllUU natniT aud that call
tht, rise ot tecbuoio~' in an appropri-
suurces. Without this important prin-
ciple. fifihu'e is guaranteed, and wid~
that principle go the Ihndamental
characteristics of a snqainable com-
nulnitv. Thi~ kind of commnnitv
nmst. thereft)re. sn'ive to achieve the
tifflowing characteristics and goals:
Places a high value on quality of life.
A sustainable comnnmity accepts
that comnnmities are first and fore-
most tbr people and that the primaL'y
objective of the planning and devel-
opment process is to improve the
quailD' of life of its residents, social[',;
economically, psychologically, and
spitill,ally. It implements policies to
achieve qualit?' of life and does so in
a fair, open, and democratic ntanner.
Respects the natural environment. A
sustainable coaununity recognizes its
relationship to nature and sees na-
ture's systems and components as es-
sential to its well-being. It provides
access to nattire through metropoli-
tan parks, opeu-space zones, and
is'ban gardens. It understands the
sensitive interface between the natu-
nil and built environment, develops
in awav that will suppm't anti com-
plement-not interfere with--na-
ture. arid avoids ecoh)gical disasters.
Infuses technology with purpose. A
sustainable connnunitv uses appro-
priate technology, while ensuring
that technolo~' in Ihe built environ-
merit is a means to an end. rather
than an end tillto itself. It enlpha-
sizes learning and nnderstanding
how existing aud new technology can
seFs'e anti inlprove coannunities. not
vice versa. It sets clear and measur-
able goals Mr what it wants technol-
o~' to achieve.
Optimizes key resources. A snstain-
illlie connnnnitv takes an inven[olw of
its htmum. tlalm'al, and ecouomic re-
stnll'CeS and understands their Ihlite
qtutlily. It enSlaVes that Forests are not
overnsed, people are not un(feretn-
pinyed. and the places of tile built en-
virnnment are not stagnant and
elnplv. It reduces waste and reuses re-
sources: it o~ates conditions in which
all these resources can be osed to
their thllest and best potential. with-
out harming or diminishing them.
Maintains scale and capacity. A sus-
tainable community recognizes tile
importance of scale and capstits;
with regard to the natural and
hunlan environment. It ensnres Illat
the environment is not overdevel-
oped. overbuilt, overused, or over-
populated. It recognizes the signs of
tension that indicate when the envi.
tonmerit is ox'erstressed and can ad-
just its demands on the environment,
to avoid pollution, nami'al disaster,
and social disintegration.
Adopts a systems approach. A sustain-
able communi~' understands that the
natural and htnrlan environnlents
make up a wholistic ~'stem, compris-
ing indMdual components that inter-
relate and affect the whole. Beaches
are a part of co~tal systems, families
are a part of social networ 'ks, particu-
lates and cun-en ts are a part of air sys-
tems. and bus rotties are a part of
transportstim{ networks. It reviews
and implements policies iu light of
these systems to nlaintain Ilarlnon~
Ulld balance widlin the environnlellt.
Supports life cycles. A sustainable
coremnutty recognizes life cycles and
the fimctions and elements that sup-
purl them. It takes into account natu-
ral cycles like hxdtolo~.' and pho~o-
synthesis: human cycles like
friendship. tamilv. and association;
basic cycles like birth and death. It
sees tile role that the built environ-
ment can play in supporting the via-
bili~', condnuie,'. and renex~,'abilie,.' of
11
these cycles, whether throu~l~ neigh-
b(wbo~d pres~rvatii)ll, wethind Illall-
Is responsive and proactive. A sus-
tainable community responds to
changing'community needs and cdn
change or make new priorities.
Whether by mitigating natural haz-
arcis. preventing crime, or attracting
economic development, it does not
simply react to circusnstances or
events but takes action to prevent
threats to community well-being and
to maximize good opportunities
through the built environment.
Values diversity. A sustainable com-
munity understands that a cross sec-
tion of the human and natural euvi-
ronmeut reveals one constant:
diversity. I-{uman diversity, and biodi-
versi~' are essential to a thriving so-
cial dynamic and web of life. A sus-
lainable comnumity promotes and
implements. this lrulh through its
policie~ regarding the built envirml-
inent, It ([o~s not segregate or seg-
ment populations or elemeuts of
lure but integrates them into tile
Fabric of the communie,,:
Preserves heritage. A sustainable
commtmity vaines the iudigenous
aocl time-honored aspects of its
ttn'e and history. It understands that
the built environment grows up
through and around such traditions
,as tile village green, the local chnrch,
the town libra~ and Main Street. It
celebrates its past and considers it
when making the changes necessary,
to modernize the communi~'.
What implications do these charac-
teristics hold for the built environ-
ment? In other words, what needs to
be accounted for in the planning and
President's Council on Sustainable Dovelopment
The President's Council on Sustainable Development (PCSD) was
formed by President Clinton in 1993, in part to fulfill the United
States's commitments to UNCED's Agenda ~1. Its mission is twofold: (1)
to advise the president on matters related to sustainable development;
and (9) to prepare a National Sustainable Development Action Strategy
containing recommendations to the private and public sector, includ-
ing local governments, on fostering economic vitality and protecting na-
tional and cultural resources.
The PCSD addresses the issues of sustainabilit), through seven main
task forces: energy and transportation; smtainable agriculture; natural
resources: eco-efficiency; population and consumption; sustainable
communities; public linkage, dialogue, and education; and principles
and goals.
Funded by the participating federal agencies and private corpora-
tions and foundations, the PCSD is composed of 25 leaders from indus-
tD', govermnent, and environmental, labor, and civil rights organiza-
tions including Dow Chemical, the World Resources Institute, the
AFL-CIO, the U.S. Department of Commerce, the Environmental Pro-
tection Agency, General Motors, and the Sierra Club. The PCSD, which
has an initial two-year charter, meets quarterly in communities recog-
nized for their sustainable approaches.
The PSCD launched a Presidential Honors Program in October 1994
to provide recognition for contributions to sustainable development.
Winning organizations and commnnMes will offer practical and suc-
cessful exmnples of sustainability to help the public gain a better under-
standing of the idea, its importance, and how to apply it.
12
develupntent pmcexs fin' a conmumi~,
to be sustainable? These consider-d-
titns will vaD, fi'om community to
community, but generally they ivill in-
clude the {bllowing: ecological .systems
like forests, deserts, and wetlands; cy-
cles of geology, hydrology, and meteo-
rology; protection of resources like air
and water; habitat conservation and
preservation of indigenous flora and
fauna: waste management; appropri-
ate management of popnlation; main-
tenance of the scale of the built form:
nearness to nature; security and
beaith; opportunities for solitude,
congregation, and recreation; educa-
tional and economic opportunities;
accessible location of services and mLx
of uses: access to transportation and
communication systems; pedestrian
systems and spaces; historic preserx'a~
lion; and culti',~ttion of a sense of com-
munity and a sense of place.
ImplemenUng Sustainability
Sustainable communin.' planning and
development can provide direction
by asking what communities should
achieve; by initiating a goal-oriented
process of planning and develop-
ment; and by maximizing the existing
development tools and local decision-
making process. A local government
should begin as the Cheshire Cat ad-
vises Alice to do: determine where to
go, and recognize the importance of
getting there. Then map out a num-
ber of practical steps:
· Establish communip,.' goals, gen-
eral as well as specific.
· ,~sess specific areas of the com-
munity to target them for sustain-
able development, for example, a
series of neighborhoods, a down-
town commercial area, or a trans-
portation system.
· Identify indicators of success, and
ensure that these indicators are
clearly linked to the communi~"s
goals.
· Build consensus and collect input
on the goals from throughout the
August 1995
c(}nHntmilV. that is. frmn re~i-
o Develop a strategic phm for
achieving these goals. This plan
should detail speciiic objectives,
the time h'ame for accomplish-
ing them, the process through
whicb they will be accmnplished.
people who will be iuvolved. and
wuvs to bttikt support and publi-
cize accomplishmeats.
Develop a set of design guidelines
to use in the planniog nod devel-
opment process, Tbese guidelines
should include state-of-the-art
knowledge, literature, personnel,
and other resources as needed.
Each guideline shonld relate
clearly to the communi~"s goals.
~ Identi~ and acknowledge poten-
tial barriers to success. It is essen-
tial in this process to be aware of
the barriers as well ~ the opportu-
nities, if constructive dialogue and
consensus are to occur.
. Adapt communi~' proce~es to act
as tools to drive sustainability.
Identi~ the day. to:day decisions
and procedures that ~511 imple-
ment sustainabilim both incremen-
tally and over ~e long term. These
tools of susminabili~ inclade de-
velopment guidelines, capital bud-
geting, the comprehensive plan,
zoning, subdivision regulations.
codes, and other ~pecu of the
communi~'s planning process.
' Maintain open lines of commnni-
cation with the public, and keep
the process accessible and flexible.
Members of the public can profide
"buy-in," but even more important,
they can afford constructive, g~
changes or adaptations to the plan.
* Documeot and publicize results
those people who have ~isted in
achieving those results.
~q~ile the tools and the proce~ will
need to be adapted. the connnuniB'
oow has a omtually agreed-upon set
Public Management
ol'goals and a map |iJl' getting tht're.
Senre. the commul~ity will begin to see
rcsuhs that will indicate a bigher qual-
ity of lili' tin' residents, a InOl'e
dye use of rt'SOllrCes, alld all attt~tc-
tion tbr the kinds of bnsinesscs and
econnmic development that will
rain iT long into the timbre.
The Sustainable Imperative
Vslfile this concept is spreading. it has
vet to become a part of the national
cuhure and consciousne~. The ten-
desley has been ~llore to view things
separately and independently. But
fragmented thinking c~not support
the wholistic approach nece~an' to
the planning and development of suv
rainable communities. ,~s Churchill's
philosophy implies. if we shape our
built environment appropriately,
based on what we want to achieve as a
commtmi~; then that environment
will prodnee it s0stainable t'tlltn'e for
Perhaps the most impnrtant step
toward meeting this challenge is sim-
pl? to raise sustainability as an issue.
Stmtitinalfili~ will and shottld be a
goal-oriented prnce.*s. This process
will at times be controversial because
at in heart, says Prpfessor D. Stermm:
of the Massachusetts Institute of
Techool%~' Sloan School of Manage-
ment. "it questions the purpose of s~
cietv {and] the relatim:dfip between
hnmans and nature. and demands
social justice and eqnitv." Bttt al-
though sustainability is controversial,
it also is restorative and therefore es-
semial to guiding commnnities into
the twen~-first centnm ~
Don Geis is program dill~(loF and 7i~mmv
Kut.;mmk is project manngee Local Gof
eminent Planning Programs, ICMA,
i [}tshington, D.C.
Customer Service
in Local Government
APA Planners 8tmkm,r*
13
Nebraska State Office
Executive Tower Centre
10~09 Mill Valley Road
Omaha, Nebraska 68154-,3~5~
Mr. Stephen J. Arkins
city Nanager
civic Center
410 gast washington
Iowa City, IA. 52240
Dear Mr. Arkins=
August 22, 1995
On July 31 and ~ugust 1, 1995, Mr. Barry Linstrom, Financial Analyst, from
our office conducted a monitoring review of your 1994 HOME program. Mr. Mike
Fisher, from the Fair Housing and Equal Opportunity (FHEO) Division, accompanied
~tr. Libstrom, and will address FHEO issues by separate correspondence. The
following is the results of Mr. Linstrom's review.
Program progress was reviewed and a cash Management Information system
(CMIS) participant detail spread sheet dated 7/26/95 was provided to city staff
(copy attached). This indicates that 53%, or $240,000 of available funds are
still uncommitted. Please be advised that the HOME regulations require that all
funds not committed by May 31, 1996 be recaptured.
It was noted that sites for affordable housing units have not been approved
to date, which has delayed implementation of the 1994 program. The community
Housing Development Organization (CHDO), The Greater Iowa city Housing
Fellowship, has not had any success in finding sites for affordable rental units
which are acceptable to city officials or the citizens of various neighborhoods.
The oity,s Consolidated Plan established decent, affordable housing as one of its
primary needs. The Plan indicated that 2,140 low-income renter households were
currently paying over 30% of their gross income for housing costs. The plan
indicates by sign-in sheets that approximately 50 citizens participated in the
public forum establishing affordable housing as a priority. Considering all of
the above, we ask the city to intensify its effort to cozrmlit 1994 HOME funds and
thus make affordable housing available to those citizens most in need.
All activities currently proposed for utilization of the 1994 HOME funds are
eligible under the HOME regulations, and neet the needs identified in the city,s
Consolidated Plan. The $500,000 of 1994 funds will be used for tenant based
rental assistance (TBRA), owner occupied rehabilitation, and ¢HD0 sponsored
affordable housing. The staff of the Planning and Program Development Department
are dedicated to the task of committing all HOME funds within the required
time frames.
Our review indicated the city,s activities and procedures comply with
programmatic requirements. In those areas where compliance could not be met,
such as permanent foundations for manufactured housing units, a waiver was
requested by and granted to the city by the Department.
2
To date, 32% of grant administration funds have been spent. This appears
to be in line with nationwide trends, since higher administrative costs are
incurred in the earlier stages of the five year program.
other specific areas reviewed during the sits-visit were the procedures in
place for approval of owner-occupied rehabilitation loans. A Rehabilitation
Review Board, consisting of a Rehabilitation Technician, a Housing Inspector, a
Neighborhood Services Coordinator, a Housing Commission Board Member and the
community Development Coordinator meet to review loan requests. During the
review the Board looks at, among other things, employment and hank verification
documentation, assessed value records, work write-ups, bid documents, credit
cheeks, etc. This system is very well planned and implemented and the city is
to be acknowledged for its performance in this area.
The CHDOs, The Greater Iowa City Housing Fellowship and the Hawkeye Area
Community Action Program (HACAP), are both dedicated to the principal of
affordable housing. HACAP proposes purchasing two additional manufactured
housing units for transitional housing. HACAP's ability to ¢o~mit funds for this
purpose by May 31, 1996 does not appear to be a problem. The Greater Iowa city
Housing Fellowship, as stated earlier, has encountered opposition to placing 42
units of affordable rental housing in the community, and it is questionable
whether acceptable sites will be located and approved. It is our understanding
this CHDO is considering reducing the density (less units), thereby making the
acceptance and approval of the project more likely.
The tenant based rental assistance segment of the program, conducted in
conjunction with the local public housing authority, is progressing and the city
anticipates low income tenants from the authority,s section 8 waiting list will
soon be placed in qualified rental units throughout the community.
Overall the 1994 HOME Program for Iowa city is acceptable and the city
should be able to meet the timeframes required. The city staff working to make
the program a success ie knowledgeable and working hard to attain the goals that
have hesn established. We want to thank them for the cooperation and courtesies
shown Messrs. Linstrom and Fisher during their visit.
If we can be of assistance in any way, please contact our office.
sincerely,
Directo~C'
Community Planning and
Development Division
To: ~8~ ¢~TY CLERI(
From: jo hogarty 8-28-95 9:11ao p. 2 o~ 3
Johnson
Charles D. Duffy, Chairporson
Joe Bolkcom
Stephen P. Laoina
Don Sehr
Sally Slutsman
BOARD OF SUPERVISORS
August 29, 1995
INFORMAL MEETING
Agenda
Z:
1. Call to order 9:00 a.m.
+
Review of the informal minutes of August 1st recessed to August 3rd;
August 8th recessed to August 10th, August 22nd recessed to August 24th
and the formal minutes of August 24th.
3. Business from the Board of Supervisors.
a) Discussion re:
b) Reports
Other
Managed Care.
4. Business from the Director of S.E.A.T.S. re: Assistant Director
position/discussion.
5. Business from the County Engineer.
a)
b)
c)
d)
e)
Discussion re: fight-of-way necessary for Project BRO8-9052(36)
(Structure R-6 - 1).
Discussion re: 8tincture U-12-1 on the Johnson/Muscatine County
line.
Discussion re:
Discussion re:
quote received for pavement markings for county roads.
placement of stop sign at the intersection of Baxter
Avenue and Linn Johnson Road.
Other
913 SOUTH DUBUQUE ST. P.O. BOX 1350 [OWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
FAX: (3~9)35a-6o~4~
To: ]0~ CITY CLERg Fram: ,jo hag~rt¥ 8-28~95 9:1ha p. 3 of 3
Agenda 8-29-95
Page 2
6. Business from Sher Hawn, WellnessfWell Elderly Manager re:
Day Program Lease/discussion.
Adult
7. Discussion from the public.
8. Recess.
City of Iowa City
MEMORANDUM
August 21, 1995
To: Stephen Arkins, City Manager
From: Joe Fowler, Director Parking & Transit
Reference: Parking Ramp Lighting Project
I have met with representives of Shire Hattery on July 21 and
August 15 regarding the implementation of the lighting proposal
submitted by them and approved by Council. Shire Hattery is
currently revising their earlier proposal regarding the recommended
level of lighting, 5fc. Their concern is this level will improve
lighting but may not be enough to be noticeable to the public.
This concern is based on the fact the University of Iowa has
several ramps lit at a higher level and Chauncey Swan is lit at
twice this level. At the recommended 5fc both the Capitol and
Dubuque Street ramps will be darker than the other facilities.
They are concerned the public may not feel it got its moneys worth
if the ramps are darker than others in town. At the present time
additional alternatives are being explored and alternative lighting
proposals may be submitted.
In addition to this concern, the cost option presented to Council
was based on using existing fixtures. Shire Mattery has now
determined this is not a viable option due to the age of the
fixtures. This will increase the estimated cost of the proposed
project, 5fc, $46,000 to $313,000.
Due to the continuing study of options the final project submitted
to Council may be different than the one they approved. At this.
point I anticipate the project cost will be higher.
CITY OF IOWA CITY
TO: R.J. Winkelhake
FROM: Terry Trueblood
DATE: August 25, 1995
RE:
Vandalism at College Green
It has been brought to my attention that we seem to be
experiencing increasing amounts of vandalism at College Green
Park.
Last night, eight light globes, four bulbs and three light
shields were broken. There is also evidence that attempts
were made to break the light poles. We have also experienced
several incidents of spray painting and sign breakage.
We would appreciate it very much if you would pass this
information along to your second ahd third shift staff, and
ask them to "cruise by" the park as frequently as possible.
I'm afraid we might be seeing a trend that will continue to
get worse if we can't put a stop to it.
We appreciate your cooperation.
cc: Steve.*~kins
Bob Howell
PAUL D. PATE
Secretary of State
State of iowa
FACSIUILE
COVER SHEET
TO:.
FROM:
Carol Olson
Deputy Secretary of State
2~d ;leer, H~ver Building
Des Moines, IA 50319
Fax Number:,
Phone Number:.
iS;S) 242-59S3
TOTAL PAG;~S (Including this cover page}
COMMENT:
PAUL D. PATE
~ECRETAlt¥ ol,'
AUgust ~18, .1995
'1~,~. (515) 281-~993
FAX (515) 242-5952
The Honorable To~ $1ookett
3ohnson Cotlnty Auditor
913 SOUth Dubuque Street
Iowa City, Io~a 5:~240
Dear Tom{
Last week ay staff became aware of media reports r~qardlnq a proposal
of ~he Iow~ City city council to conduct a presidential straw poll in
conjunction with the November 7 city elections. Calls to the Johnson
County auditor's office and Iowa city olerk's offi0e confirmed this
inter.
I applaud the city~a qoals of incr~astnq voter pa~tlcipaticn in t~s
city elections and of stimulating interest in the 1996 pr~sidential
race. B~cause of initial conce~ ~out c~hlnq a p~1ic opinion
poll on ~e official ballot for ~e r~lar city elation, h~er, we
redestad info,a1 l~al clarification fro~ the Iowa Atto~ey ~ne~l ~ s
office. A ~py of that a~toe is ~clos~.
Accordl~lq to the advice of Chris Scase, A~aiata~lt Attorney General~ "a
review of Iowa election law reveals no authority for the inclusion of
a public opinion poll .on the official election ballot." Likewise, a
presidential straw poll d~es not appear to ~eet the standards for
referends and initiative election. Therefore, I concur with the
advice from the attorney general's office that #ptltting such a poll on
the official election ballot would be inconsistent wl~Jl Iowa law..
I ~nthusiastically support the possibility of an exit poll, however, to
conduct the straw b~11ot. My office gladly offers assistance to anstlre
that it meet~ the requirements of Iowa law.
Please do not hesitate to call for additional information or
clarification.
Iowa Secretary of stut~
TO;
FROM:
Carol Olson and Sandy Steinbach
EleCtions Division
Secretary of State's Office
Chrls Sc se
Aesletant Attorney General
Presidential Straw Poll
DATE:
August 28, 1995
You have requested my advice regarding the propriety of inclusion of a
presidential straw poll on the ballot during the city election. If it is determined that
the straw poll is not allowed on the ballot, you ask me to address whether the poll
can be conducted In conjunction with the election In any ot13er manner.
As you are aware, the Iowa Supreme Court recently Issued a decision
upholding referendum and initiative provisions of a city charter. City of CIIr)ton v.
Sheridan, 530 N.W,2d 6{10 (Iowa 1998). Examination of this decision sewes as the
basis for my response to your Initial inquiry. The City of Clinton had In place a
home rule charter which included provisions allowing voter.initiated referends and
initiatives to be included on the ballot during city elections. Citv of Clinton v,
Sheridan, 530 N.W,2d at §82, In accordance with the charter provisions the city
counsel submitted a number of referendum Issues to the County Auditor for
Inclusion on the ballot at an upcoming municipal elect!on. Id. The Auditor refused
to place tl~e issues on tl~e ballot. I~.
The City challenged the Auditor's a~on. The court, applylng a home rule
analysis, Ileld that the referends should be included on the ballot. AS the court
reasoned, the rnun!clpal home rule amendment to the !owe Constitution afforded
cities "broad authority to regulate maffers Of local conoem" and to "determine local
affairs and government." ~tv of Clinton v..S~erlclan, 530 N.W.2d at 691,694, Under
home rule, a city is no longer dependent upon laglslafive authorization to grant it
power to act on matters ot local cencern. In light ot tlals, tile court conclude(I that
2
no specific statutory authority was necessary to allow a municipality to sul~mit an
initiative or referendum to the electorate. Id. at 695.
It is clear that the court rejected the view that speCifiC statutory autrtority was
required to t}afore a public measure could be included on the official t~a!lot. The
Court did, however, Identl/y a legal basis for Inclusion of the relerenda on the
ballot. The Court reasoned that the clty's home role authority provided
constitutional and statutory t}esls for the Inclusion of initiative and referendum
provisions in the city charter and that the provisions were not inconsistent with
Iowa law.
Turning to your speci/Ic Inquiry, it Is my understanding that an Iowa city has
proposed the printing ot a presidential straw poll on the ballot which wlll be used
for the munMpal election this November. The stated rationale for this action Is to
stimulate voter Interest and turn out for the cry election. A review of Iowa eleotlon
law reveals no authority for the Inclusion of a public opinion poll on tlae official
election ballot. See Iowa Code §§ 49,30, 49.37, 4g.42.49.45 (1995) (official t~allot to
include all candidates to be vote~l on In each precinct, proposed constitutional
amendments, and public measures).
Nor will the home rule authority granted cities provide a basis for inclusion
of a presidential straw poll on the ballot. Tlae Municipal Home Rule Amendment
provides, In relevant part:
Municipal corporations are granted home rule power and
authorRy, not Inconsistent wiffi the laws o! fie General
AssemBly, to det.er~'line their local aftali's .and
t~overnrnent ....
Iowa const. Art. III, § 38A (emphasis added). While rel'erenda and iniUatlve
elevens regarding the adoFtion or repeal of a city ordinance are clearly related to
"local affairs and government'' of a city, a presidential straw poll Is not.
it does not appear that the Iowa Supreme Court has I~ad the occasion to
discuss the "1oeml affairs" requirement of home rule authority in any c~epth. This
office has, however, In the context of county home rule, recognized that '~here are
possible proposed county actions wlllch the Co~le does not expressly forbid or
preempt but wialch may be outside the scope of county power because they are of
state rather titan local concern." 1980 Op. Att'y Gen. 282, 289; see ~ 1982 Op.
Atry Gen. 27, 29. We have suggested the application of a four part test, first set
forth In Scheltller, Impl~l~lentstlon of ConstitutlonaI.Home Rule In Iowa. 22 Drake
L. Rev. 294, 206-07 (1975); for determination of whether or not a county is engaged
In a local affair,
® ·
August 17, 1995
CITY OF I0 I/VA CITY
Mr. Newman Abuissa, P.E.
Resident Maintenance Engineer
Iowa Department of Transportation
PO Box 427
Iowa City, IA 52244
Dear Mr. Abuissa;
The Iowa City City Council has recently reviewed two development proposals located along
Iowa Highway 1, southwest of U.S. Highway 218 in southwest Iowa City. As part of the
public hearing process regarding the proposals, property owners in that vicinity expressed
some concerns about traffic safety along Highway 1 in this area. These concerns centered
around the Kitty Lee Road and Naples Avenue intersections with Highway 1. The concern
about the Naples Avenue intersection had to do with traffic volumes and the intersection's
proximity to Highway 218. At the Kitty Lee Road intersection, concerns were expressed
about traffic volumes and the roadway configuration, as Highway 1 narrows from two lanes
down to one just as one approaches the intersection going southbound. While no traffic
studies have been done to document a traffic problem in this area, the City Council anticipates
that in the future some traffic control modifications may be necessary.
We are hopeful that if a traffic safety problem is documented in this area, Iowa DOT will work
with Johnson County and the City of Iowa City in assessing what changes in traffic control
are needed, and will assist in funding any improvements. Neither of these intersections are
within the corporate limits of Iowa City at this time, but both lie within the City's projected
growth area. The City will keep you apprised of any new information it receives regarding this
issue.
Sincerely,
,
Susan M. Horowitz ('
Mayor
c. Johnson County Board of Supervisors
410 EAST WASHINGTON STREET · IOWA CITY. IOWA S~24~-1826 ® (319) 356-~000 · FAX (319) ~6-~009