HomeMy WebLinkAbout1993-03-30 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
7:30 P.M.
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REGULAR COUNCIL MEETING OF MARCH 30,1993
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. MARCH 30, 1993
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
ROLL CALL.
ITEM NO.2. MAYOR'S PROCLAMATIONS.
ITEM NO.3.
a. Fair Housing Month. April 1993.
b. Spring Clean. Up Day. April 3, 1993.
c. Community Development Week. April 5.11, 1993. 7J?tft?lw
d. Week of the Missing Child. April 11.17,1993. ~
e. w~1d 1Iet!llt , /I. til 1, If?;!. .
CONSIDER ADOP~ OrTHE CONSENT CALENDAR AS PRESE TED OR
AMENDED.
a. Consider approval of Official Council Actions of the regular meeting of March
16, 1993, as published, subject to corrections. as recommended by the City
Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Examiners of Piumbers meeting of February 4, 1993.
(2) Board of Examiners of Plumbers meeting of March 19, 1993.
(3) Parks and Recreation Commission meeting of March 10, 1993.
I (4) Parks and Recreation Commission meeting of March 17, 1993.
(5) Senior Center Commission meeting of January 25, 1993.
(6) Senior Center Commission meeting of February 22, 1993.
(7) Committee on Community Needs meeting of January 27, 1993.
(6) Historic Preservation Commission meeting of January 13, 1993.
(9) Planning and Zoning Commission meeting of March 16, 1'993.
c. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class 'C' Beer Permit for Coastal Mart,
Inc., dba C.Mart #59, 302 S. Dubuque St. (Renewal)
(2) Consider a motion approving a Class 'C' Liquor License for Kitty Hawk
Co., Inc., dba The Kitty Hawk, 1012 Gilbert Ct. (Renewal)
(3) Consider a motion approving a Class 'C' Liquor License for Ranger
Enterprises, Inc. dba Deadwood, 6 S. Dubuque St. (Renewal)
(4) Consider a motion approving a Class 'C' Liquor License for Season's
Best, Inc., dba Season's Best, 325 E. Washington Street. (Renewal)
Agenda
Iowa City City Council
March 30, 1993
Page 2
(5) Consider a motion approving a Class 'C' Liquor License for CDM
Properties, Inc., dba New Golden Oldies, 1910 S. Gilbert St. (New)
d. Setting public hearings.
13. l:A
(1) CONSIDER A RESOLUTION SmlNG A PUBLIC HEARING ON APRIL 13,
1993, ON A FIVE-YEAR LEASE AGREEMENT OF THE BUS DEPOT, 404
EAST COLLEGE STREET, IOWA CITY, IOWA, BETWEEN GREYHOUND
LINES, INC. AND THE CITY OF IOWA CITY.
Comment: The resolution will set a public hearing for Tuesday, April 13,
1993, at 7:30 p.m. In the Civic Center to receive public input on a lease
agreement between Greyhound Lines, Inc. and the City of Iowa City for
a five'year lease of the Bus Depot, 404 East Coilege Street, Iowa City,
iowa.
(2) CONSiDER A MOTION SmlNG A PUBLIC HEARING ON APRIL 13,
1993, TO ADOPT THE 1991 EDITION OF THE UNIFORM BUILDING
CODE, AS AMENDED. SAID CODE TO BE KNOW/AS THE IOWA CITY
BUILDING CODE.
Comment: The Board of Appeals has reviewed the 1991 Uniform
Building Code and recommended several amendments to accommodate
I local practices and to provide for enforcement.
I (3) CONSIDER A MOTION SmlNG A PUBLIC HEARING ON APRIL 13,
1993, TO ADOPTTHE 1991 EDiTiON OF THE UNIFORM MECHANICAL
I CODE, AS AMENDED. SAID CODE TO BE KNO~AS THE IOWA CITY
I MECHANICAL CODE.
I I Comment: The Board of Appeals has reviewed the 1991 Uniform ,
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I Mechanical Code and recommended several amendments to accommo. ,
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. date local practices and to provide for enforcement. I
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(41 CONSIDER A MOTION SETTING A PUBLIC HEARING ON APRIL 13,
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1993, TO ADOPT THE 1991 EDITION OF THE UNIFORM FIRE CODE, AS ,
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AMENDED. SAID CODE TO BE KNOWlAs THE iOWA CITY FIRE CODE. I
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Comment: The Board of Appeals has reviewed the 1991 Uniform Fire
Code and recommended several amendments to accommodate local
practices and to provide for enforcement.
(5) CONSIDER A MOTION SETTING A PUBLIC HEARING ON APRIL 13,
1993, TO ADOPT THE 1991 EDITiON OF THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUilDINGS, AS AMENDED. SAID
CODE TO BE KNOWJAS THE lOW A CITY ABATEMENT OF DANGEROUS
BUiLDiNGS CODE.
Comment: The Board of Appeals has reviewed the 1991 Uniform Code
for the Abatement of Dangerous Buildings and recommended several
amendments to accommodate local practices and to prOVide for
enforcement.
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Agenda
Iowa City City Council
March 30, 1993
Page 3
(6) CONSiDER SETTING A PUBLIC HEARING FOR APRIL 13, 1993, ON THE
CITY'S PROPOSED NON-HOUSiNG COMMUNITY DEVELOPMENT PLAN
FOR FEDERAL FISCAL YEARS 1993.1996.
Comment: Iowa City Is required to prepare a non.housing community
development plan In order to meet the requirements of the Housing and
Community Development Act of 1992. The plan lays out non-housing
community development needs and long. term and short.term objectives
for the next six years. The 1993 CDBG allocations must be consistent
with both the Comprehensive Housing Affordability Strategy (CHAS) and
the Community Development Plan.
(7) CONSIDER SETTING A PUBLIC HEARING FOR APRIL 13, 1993, ON THE
CiTY'S PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM STATEMENT FOR THE 1993 PROGRAM YEAR.
Comment: Iowa City is required to prepare a Program Statement which
details how 1993 CDBG monies will be allocated. A public hearing is
required prior to Council's approvai of the Program Statement. CCN's
recommendations will be forwarded to the Council and published In the
Iowa City Press-Citizen, prior to the Public Hearing.
e. Resoiutlons.
q~. 1.,5
(1) CONSIDER RESOLUTION APPROViNG iOWA CITY'S 1993 THROUGH
1996 STREET CONSTRUCTION PROGRAM.
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Comment: The Iowa State Code requires that cities receiving allotments
of Road Use Tax Funds submit a five-year program of proposed street
construction and reconstruction to the Iowa Department of Transporta.
tion for their review. This report must be submitted to the IDOT by May
1 of each year. The report In no way binds the City to these projects or
the timing, and modifications can be made. A copy of the report is
attached.
f. Correspondence.
(1) Letter from Daniel Schramm,. pastor of the Seventh. day Adventist
Church, requesting permission to place a sign along Highway 6.
(2) Letter from Larry L. Pacha, President of J.M. Swank Company, regarding
Iowa Processed Meats.
(3) Letter from the Ty'n-Cae Neighborhood Association regarding the
Intersection of Mormon Trek and Highway 1 West. A copy of the City
Manager's reply Is attached. Also, Johnson County's reply to the
referenced letter is included In the Information packet.
(4) Letter from Karen K. Drake regarding Melrose Avenue and other traffic
planning Issues.
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Agenda
Iowa City City Council
March 30, 1993
Page 4
(5) Letter from the Chair of the Historic Preservation Commission expressing
appreciation for the potential matching funds for FY94.
(6) Letter from Robert Berry regarding traffic bottlenecks.
(7) Letter from Ariana Betenbender suggesting the need for a city ordinance
concerning placement of courts (tennis, basketball, volleyball, etc.).
(6) Letter from John and Mlchaelanne Widness regarding Melrose Avenue.
(9) Memoranda from the Traffic Engineer regarding:
(a) Yield sign on Vista Park Drive at intersection with Peterson Street.
(b) Yield sign on Arbor Drive at Intersection with Peterson Street.
g. Applications for the use of Streets and Public Grounds.
(1) Application from Riverfest Commission to have the River Run on April
25, 1993. (approved)
(2) Application from Joanne Higgins to have the Old Capitol Criterium on
April 25, 1993. (approved)
(3) Application from March of Dimes Defects Foundation to have the March
of Dimes Walk America on May 2, 1993. (approved)
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END OF CONSENT CALENDAR
ITEM NO.4. PLANNiNG AND ZONING MATTERS.
a. Consider setting a public hearing for April 13, 1993, on a resolution approving
the voluntary annexation of an approximate 5.59 acre tract of land located
north of American Legion Road at the north terminus of Owl Song Lane SE.
(ANN93.0001 )
Comment: At its March 16, 1993, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the Windsor Ridge
Development voluntary annexation request. This recommendation Is
consistent with the staff recommendation.
Action: j(1~ _ / ~
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3.e.(1) Consent Calendar page J
Courtney/Consider adoption of the consent calendar as presemed
Moved and seconded (Horow.iNov). Discussion.
]]orow/ I have one item under item 3.e-the resolution approving the
Iowa City's Street Construction Program. There is one item on
here. Two items that have to be corrected. I talked to our city
engineer about them today. In ] 9%, on page 5, the Melrose or
the-sony. just one minute here. The bridge, the Wolf Avenue
Bridge Repair in 1998 should be J 997 and the Wolf Avenue
Newton Road to IUver Street. which .is under] 997, should
really be ] 998. We are switching the two. The bridge has to
be repaired first. It is just truly a typographical error.
Courtney..' Okay. Any other discussion.
Kubby/ Yeah, I had a question about the Burlington Street Bridge. I
asked John about this last night, as kind of our senior member
here, and-in terms of experience and wisdom.
lvlcD/ That is right, that' right.
Larson/ E'\perience in any case.
McD/ I appreciate that, thank you.
Kubby / Everybody has got their own kind of wisdom.
McD/ Thank you, Karen. You are a nice person,
Kubby/ My question was didn't we do this in the mid 80's. The
bridge. I knoll' we did part of it and John was remembering
that we did a real old part of it but there is still some other
parts that need to be done,
Fosse/ This is the Burlington Street Bridge over Ralston Creek. The
one right over here. The one you are thinking of is over the
Iowa River. The one by the Hec. Ce11ler.
Kuhby/ Wow. It is going to cost that much. $530,000.
Fosse/ Yes. Bridges aren't cheap.
Courtney/ Four Jane.
Kuhhy/ Okay. ThaI clears things up. Thank you. As always, on
things like this, we get various opportunities to llO back and
look at each individual one of these projects and voting Ihr this
doesn't set things in stone, There are three of lemr things on
here that I have l'oncerns about. I will be voting I()r it.
]]orow/ Same here.
Courtney/ An)' other discussion on the consent calendar.
Roll call-
The consent calendar is approved.
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Agenda
Iowa City City Councii
March 30. 1993
Page 5
b. Consider setting a public hearing for April 13, 1993, on an ordinance
amending the Zoning Ordinance by condltionallv changing the use regulations
of an approximate 5.59 acre tract located north of American Legion Road at
the north terminus of Owi Song Lane SE, from County RS, Suburban
Residential, to RS-5, Low Density Slngle.Family Residential. (REZ93.0003)
Comment: At its March 16, 1993 meeting, the Planning and Zoning
Commission, by a vote of 6.0, recommended approval of the requested
rezoning of the Windsor Ridge 5.59 acre tract from County RS to RS.5 with
the clear understanding that all of the costs associated with providing
infrastructure for development of the subject tract will be paid by the
developer, and subject to 1) City Development Board approval of the
annexation of the original 240 acre Windsor Ridge tract, 2) City Development
Board approval of the requested 5.59 acre annexation, and 3) the developer
dedicating .127 acre of open space in addition to and Incorporated as part, of
the 6.9 acres of open space required of the original 240 acre Windsor Ridge
tract; the location of the open space shall be negotiated with the City of Iowa
City. This recommendation Is consistent with the staff recommendation.
Action: ~ / Ikw
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c. Public hearing on an ordinance amending the Zoning ordina: ~~I'~
iy changing the use regulations for a 30 acre parcel located west of Sycamore
Street and Immediately north of the corporate limits, from ID.RS to RS-6,
Medium Density Single. Family Residential. (REZ 93.0001)
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Comment: At Its March 4, 1993, meeting, the Planning and Zoning
Commission, by a vote of 6.0, recommended that the subject application be
approved, subject to the following conditions: 1) restrictions regarding when
and how basements could be provided, 2) developer agreeing to provide
$7,500 to be used for parkland/open space acquisition In the Wetherby Park
neighborhood, as defined in the proposed Neighborhood Open Space Plan, and
3) the developer agreeing to dedicate right,of-way sufficient to accommodate
the upgrade of Sycamore Street to arterial street standards. This recommen.
dation Is generally consistent with the staff recommendation Included in the
staff report dated February 16, 1993.
Action: . jpo~ ~t1)
d. Consider an ordinance amending the Zoning Ordinance by conditionally
changing the use regulations for a 30 acre parcel located west of Sycamore
Street and immedlateiy north of the corporate limits from ID.RS to RS.6,
Medium Density Single-Family Residential. (REZ 93.0001) (First Consider.
ation)
Comment: See item c. above. In a letter dated March 23, 1993, the
applicant requests expedited Council consideration of this ordinance.
Action: Jl/ (1/ ~/Jk-;I.J /S-t e //-/1
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Courtney,' [open the p.h. on this item. Any discussion.
I~a]ph Stotiffer/ Landmark Surveying and Engineering. With me is
5enra.Stanbro and Dave Nelson from Des Moines Iowa I~ealty
Company and Mike Roberts Ibnn the [owa City Branch and I
am here to answer any questions you might have about the
project.
Kubby/ I went back and looked at Taracon's engineering report and
we talked about the basements last night a Iillle bit and after
thai conversation it made me go back and read it And in it it
says Ihat it is generally not advisable to construct basements
bul iI'you do any below grade building that structures should
have perimeler roundation drainage and under [Joor drain
systems. Can you explain how the systemlhat is gOing to be
put in meels these guidelines.
Slaliffer/ Basically we Iiled both Ihe inside and the oUlside of the
fbundatian and pul granular material. It is a bell suspender
son or syslem thai no water can get 10 Ihe basemenl and ir it
does we will collect it and roule itta a sump ,md out 10 a
drainage system which will also serve 10 drain a street.
Kubby/ So, would you consider-so you have got a drainage system, a
wall. andlhen a dminage system.
Sta~ner/ That is correct.
Kubby/ I/OII' is that an under [Joor drainage syslem as mentioned in
Ihe report Or do you think that Ihis is an adequate substitute.
Sto;ffTer/ Under the [Joor would be a granular material which would
drain freely 10 a inside dmin and the outside drain would pick
anything up that got to that location.
Kubby/ Okay. And il also mentions Ihat nay street or roadway that
will he constructed wilhin rour reet or Ihe ground water table
should be designed and constructed with a below pavement
drainage system. Will you explain what will be done with the
street.
Sto~l1er/ Basically that is tiling just behind the curb. Andlhat is-we
are going 10 get double duty on this in dmining the basements
to this tile system which will keep the street subgrade lhy
which will prevent rrost ing thai we are having now.
Kubby/ Okay. Sa it is not actually under the street Inll il is on each
side of' the st reet.
Sto01Teri And [bur reet below it. We install it after the streets are
paved. Basically tn protect t he drainage system.
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Hor01Vi The lI'ater under the house lhen drains into lhis tiling
system on either side of the street. Or obviously one side of
the street.
Sto~fTer/ That is right. Using a sump pump.
Horow! Are the holes form the drain visible on the curb or is this all
underground.
Sto~ffer/ No. This is a tile. It is a small pipe. 4.6-8 inches,
depending on hall' much lI'ater is draining to it. It is
perforated to pick up the ground lI'aler.
Horow/ HOlI'does it empty into the-
Sto}1ffer/ Storm sell'er system. Eventually infO a stormll'ater
detention basin,
Kubby / Okay. To make sure I understand you. You are going to get
the lI'ater around the houses to go into the system that is by
the street II'hich then goes into the storm.
Stoy(fJer/ That is right.
Kubby/ Okay.
Horoll'/ Okay.
Kubby/ So even though it says in the conditional zoning agreement
an adequate drainage system you are telling me that what you
are going to do is II'hat the drall'ings were in our packet.
Sto~ffer/ b:actly.
Kubby/ IlI'as concerned about that 1I'0rd adequate because it didn't
spell out hall' it lI'as going to be done. So I am glad to hear that
it is going to be done this.
Sto~ffer/ We'll propose a system and your engineering stall lI'iII
reviell' it and either approve it or lI'e lI'ilImoditY it and them
they lI'ill approve it.
Kubby/ Okay. And since-l guess this isn'l really lor you. !lalph. But
maybe for Steve or council in tlmt in this real short periOd of
time if lI'e approve this lI'e lI'ill have approvedtll'o
subdivisions that have this kind of system or a similar system
in it. And if there is any lI'ay lhat we can evaluate il over time
if this is indeedll'orking would be a helpful thing for me. So, if
this part of the town is gOing g continue to develop. if we keep
doing something that is notll'orking, we need 10 figure that out.
Horoll'! That is an interesting point. Karen.
Kubbyl 1 don't knoll' other than going door to door a year after
people move in to say holl' are your basements. I would like
us to schedule that in so it doesn't get lost inlhe shuffle. To
make sure that the theoretical thing of it actually works.
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Horow/ These houses are suppose to starr at what price.
Sto~ffer/ I believe the target price is $100.000-] 20.000 which is. in
the building industry, called alTordable.
Kubby/ It is entry level.
Sto~ffer/ It is shocking how expensive things are.
Horow/ Okay.
Courtney/ Any other public discussion on this item.
NoV/ I have a question for Karin. Did you ever find out how the
water tables compares between this and some other
neighboring developments.
Franklin/ Not the waleI' table. I did find out the elevations. You
asked two questions. One was about the elevations and the
other about the water table. The elevations are approximately
the same. within five feet of what is in Whispering Meadows.
The water table is very difficult to determine for those other
areas because we don't have the soil tests that were done with
the Iowa Realty property. We don't have soil tests for Mount
Prospect and Village Green which is what you inquired about
My understanding, too. from the engineering stalT is that the
soil tests, in order to do a comparison of the water table has to
be done at the same time or approximately at the same time
because WaleI' tables fluctuates with the season or with when
you do it. So, even if we had a soil test for those two other
properties, if it wasn't done at the exact same time or around
the same time that the Iowa Realty was it really wouldn't be a
comparable. So I am afraid I can't give you that.
Nov/ I still keep hearing somebody fj'om Whispering Meadows
telling us the water table turned out to be lower than we
expected it to be and therefore we want to put in basements,
Andl never did hear what the actual level was anclwhat the
expected level was.
Franklin! What the folks from Whispering Meadows said was that
after they filled it. Remember that last night I indicated that
Whispering Meadows had nil put on that site which was one of
the reasons for the variation between what it started out with
in the preliminary plat anclwhat it I1nally was when it got to
the building stage because of the amount of nil that was put in.
But, I clon't knoll' the exact number. The water table that we
have-the experience that we have gollen from Iowa I{ealty and
the test that they did. Remember it said it was two to three
feel below the surface after it had stood ti)r a perioe! of time.
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the hole had been standing for a period of lime. I don't know
how you would compare that with whatever Whispering
Meadows had at there preliminary stages.
Nov/ Do we knoll' if this particular development is planning to fill
before they are putting in their basements.
Franklin/ I think Halph could answer that or one of their
representatives.
Sto~(Ter/ We plan to do minimum grading. We'll-as each individual
lot is developed we will use the basement dirt to fiJI a little bit
on the lot. We don't intend to change the grades any
appreciable amounl.
Courtney / Any other public discussion on this item. Close the public
hearing.
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Courlney: Moved by McD. seconded by I.arson. Discussion.
Kubby/ I had one last question that I think it is for Steve and it is
kind of a broader issue like this evaluation question. And that
is about since we are directing the water form the sump pump
and from the street-well. from all streets, into the storm sewer.
will this increase the load of water that we will have to treat
later when we have storm water treatment regulations. Either
quantity or quality of water. Either belter or worst.
Atkins/ Any time there is going to be the creation of and] am going
to try to not sound like an engineer because I won't do a good
job at it. Any time there is going to be the creation of an
impenetrable type of surface-house. a driveway or whatever.
certainly there is going to be an increase in the storm water
run oIT. Remember that storm water management regulations
have in their policy planning something they call best
management practice. That does not necessarily mean that you
wj]] have to treat the stOl"m water as you would sanitary
treatment plant. It may be captured in some fashion, held in a
detention pond, allowed to drain 01'1' in that I~lshion. But I don't
think there is any doubt that ir you have developmenl you are
certainly going to increase both the quantity. Quality which
really 1-
Kubby/ I guess that wasn't really my question. I realize the poim
you are making. My question was since we are directing
ground water, that instead of going into people's basements we
are going to sump pump it into the storm water sewer. That
extra water that we are doing here that in a lot or areas or
town we are not doing. And we are kind of 1~1Cilitating that
happening. I just wanted to know what kinds of consequences
there were and what is down the road and encourage that.
Atkins/ I CHn't imagine they would be detrimental. The ground
water is probably of a far better quality than storm water.
would think the flushing action created by the quality or
ground water used to move would act in a diluting capacity for
the storm water. The storm water is the run olT or the streets
and the other bas stulT that collects. I would think that it
would be positive. Not engineering.
Kubby/ I just wanted to make sure t hat was brought up in some
capacity if we are encouraging t his. That we are just going to
have more at a minimum quantity of WaleI' lhalwe will have
I
,
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to deal with and who knOll's whallhe regs will he and what
will be acceptable treatment.
Ncw/ And this particular property does drain to the Iowa River.
Atkins/ As I understand it.
Nov/ Whatever it does. it does to the river.
Atkins/ However it still is a part of your policy planning. Water can
be captures. It ultimately will find it's way to the river. It is
the process of intervening treatmentwhelher it be a detention
pond or some kind of a t reatmenl. That is the real important
issue. Ult imately all of the water in this water shed wiII find
its way to the Iowa Wver.
Kubhy / Thank you.
Courtney/Any further discussion on this item.
Roll call-
Ordinance passes first consideration.
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Agenda
Iowa City City Council
March 30, 1993
Page 6
q3 - 35"~
e. Consider an ordinance amending the Zoning Ordinance by conditionally
changing the use regulations of an approximate 240 acre tract located east
of Scott Park, south of Lower West Branch Road and north of American
Legion Road, from the County designation of RS, Suburban Residential, to RS-
5, Low Density Single-Family Residentiai. (REZ92.0013) (Passed and
Adopted)
q3. 3S (,(,..
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended approval of the requested
rezoning of the Windsor Ridge tract from County RS to RS-5 with the clear
understanding that all of the costs associated with providing Infrastructure for
development of the subject tract will be paid by the developer, and subject
to 1) the developer dedicating 6.9 acres of open space (a centrally-located
four acre neighborhood park with the remaining 2.9 acres developed as
greenway trails linking the tract to Scott Parkl, the locations of which shall
be negotiated with the City of iowa City, 2) the developer dedicating a
minimum 13 acre school site, the location of which shall be negotiated with
the City and the Iowa City Community School District, and 3) City Develop-
ment Board approval of the annexation. This recommendation is consistent
with the staff recommendation. Comments were received at the publiC
hearing held on February 23, 1993.
Action: ;(~.) '1~ p .... 11./
I tel
JbOj rjr;, ~ !Jd~~ ~
f. Consider an ordinance amending the Zoning Ordinance by changing the use 4
regulations of an approximate 14.25 acre tract of land located west of U.S.
Highway 216 and north of Rohret Road, from ID-RS, Interim Development
Slngle.Family Residential, to P, Public. (REZ92.0016) (Passed and Adopted)
Comment: At Its February 4, 1993, meeting, by a vote of 7.0, the Planning
and Zoning Commission recommended that the site be rezoned to P, Public,
subject to conveyance of the title for the property to the Iowa City Communi.
ty School District, and acknowledging that this approval may accelerate the
need to upgrade Rohret Road. This recommendation is consistent with the
staff recommendation Included in the staff report dated January 21, 1993.
Comments were received at the public hearing on February 23, 1993.
Action: ~ /~
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Courtney/ Ivloved by Llrson. seconded by Nov. Discussion.
Horow/ I just have a general question. Steve, as we are looking at
this tract and others when we talk about trails, are we bit by
bit getting an overall city wide plan of trail systems.
Atkins/ To my knowledge we do not have a formal city wide policy
in place now. Susan. However I don't think there is any doubt
that-you know the same groups that are active in the
community now. The FIHST group in particular is organizing
along the riverfront. I am making the assumption thattl1e I'lR
Commission. That is a good observation and I will pose that
question to them that they have some grand plan with respect
to how these are ultimately going to be assembled all together.
I will follow up on that.
Horow/ r would really appreciate that. Thank you.
Courtney / Any further discussion on this item.
Holl call.
The ordinance passes Dnal consideration.
I
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Agenda
Iowa City City Council
March 30, 1993
Page 7
q3 - 3<; b7
g. Consider an ordinance amending the Zoning Ordinance by adopting Section
36.10.5, Neighborhood Conservation Residential Zone (RNC-12). (Passed and
Adopted)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended that the Zoning Ordinance be
amended by adopting Section 36-10.5, the Neighborhood Conservation
Residential Zone (RNC.12). The Commission's recommendation Is consistent
with the staff recommendation Included In the memorandum dated December
17, 1992. Comments regarding this proposal were received by the Council
at the February 23, 1993, public he~ring on this. item.
Action:
~ J ofaM-<>V
I
P 1- QJ
'13- .:.Sbv
~~..r
h. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of property located in the general vicinity of Johnson Street on the
west, Clapp Street on the east, Market Street on the north and Jefferson
Street on the south, from RM-12, Low Density Multi-Family Residential, to
RNC-12, Neighborhood Conservation Residential Zone. (REZ92.001 B)
(Passed and Adoptedl
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended that the Zoning Ordinance be
amended by changing the zoning designation of the subject property from
RM-12 to RNC.12. The Commission's recommendation Is consistent with the
staff recommendation included In a memorandum dated December 17, 1992.
Comments were received by the Council at the public hearing held on
February 23, 1993.
Action: tbo / Y\~
(
p'lr Q)
11 ~36
i. Consider a resolution approving the preliminary plat of Scott ~ulev~a~
Part Two, a 26.lot, 9.23 acre residential subdivision located east of Scott
Boulevard and north of Court Street. (SUB 93.0002).
Comment: At its March 18, 1993, meeting, the Planning and Zoning
Commission, by a vote of 5.1 (Cooper voting no), recommended approval of
the preliminary plat of Scott Boulevard East, Part Two, subject to lots 40, 41,
42, 43 and 59 not having direct vehicular access to Court Street and Public
Works Department approval of preliminary storm water calculations. In a
memorandum dated March 23, 1993, the staff describes how the Commls.
sion's recommendation Is not consistent with the staff recommendation
Included In the staff report dated March 1 B, 1993.
Action:
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Courtney. Moved by McD, seconded by Hornw to defer. Discussion.
Kubby/ I went on a site visit today andl looked out there andl,
after looking at this I actually agree with PiZ because they said
don't move the street and I guess [ don't want the street
moved because irwe moved the street rurther east a lot or
older tree, mature oak tree, are going to be cut down. And
looking and feeling at the corner. Looking towards the stop
sign on Scott, there looks like there was plenty of room for
cars. So that part or it I think is fine. ] knoll' the thing that
people are also worried about is access onto Court and in j>/Z-
Courtney I Sir. We don't really have a p.h. scheduled on this. Did you
have some alternative design that you would like to submit. I
would like to have you submit those through the-this is council
discussion on a motion that has been made. ]1' vou could, 1
would like to have you submit those. the alternatives, through
the planning stall so they can distribute them to us and they
can make comments on them. We are not going to redesign
this thing tonight. We are going to defer the item if the vote
goes that way for a couple or weeks. And that will give you
time to submit them through the planning stafr and have some
comments made to us by them. Thanks.
Kubby/ So it is my understanding that P/Z's recommendation is to
not have access onto Court Street. Correct! Okay. So I feel /Jne
about what j>/Z has done and that what it does is that it makes
Mr. Glasgow have the choice to either redesign it so those lots
can have some access because currenlly three or the lots don't
or to put those lots together for some other purpose. [
understand the need or your desire fClr rurther discussion.
Doesn't delerral require a extraordinary majority.
McD/ No.
Kubby/ Okay. It doesn't place us in an awkward position ir I-I like
j>/Z's recommendation. So I will be voting no to defer.
lIorow/ I like that recommendation, too. Karen. That is not mv
problem. It is just tlmtl have problems approving the
resolution that is essentially is not tied up nice and tidy. And
this is the first time I have ever seen one like this. I would
really-
Kubby! That it leaves some lots with no access.
IIOI'()WI TIM's right.
Nov/ And it baSically says we are approving a plat as submitted. But
we are not.
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Larson/ I think it ought to be presented to us at an informal so that
we could give stall' our drnthers about it so they could then
deal with the developer. Because otherwise it could just go
back and come to us two weeks or four weeks from now with
the developer wanting us to vote it up or down and stall
having their recommendation and Pil having theirs with no
direction on how we are going to be. And if the developer can
get some direction from council as to what we would like to see
done. then maybe we can break the stale mate and not just be
the exact same position that we are now and two weeks form
now.
Kubby/ What I would encourage everyone to do is to go down there
and look so that bej{m~ there is furt her discussion you can see
there are markers that will show you where the middle of the
street.
Courtney/ I didn't have a chance to do that today.
Kubby/ And Scott Park Street or road or whatever is straight across
so you can stand in the field and see where the road would go
and see how it won't interfere with the trees. But if we move
the street east.
Larson/ Does that make sense to you. Karin. That we give you some
feedback.
franklin! Yeah. In terms of direction, Karen, if the road could be
designed as such that it didn't interfere with the trees and still
would be set back to the east, is your primary concern with the
affect that it would have on the trees.
Kubby/ Yeah. As well as it seems like t here is plenty of room for
cars. I was trying to visualize a busy intersection in a
residential area. And the one that I came up with late this
afternoon is Rochester and First Ave. That there is housing in
that area and there is a very high volume traffic area. And
that the way the lights are. you don't stack up too Jill' back.
Now it might be different there when school was let out and
there is some stack up. But I can't imagine on that corner, even
if we develop extensively to the east in the hltme and if the
choice were cars stacking up and you have to wait a minute to
turn left or saVing the old oak trees. I say save the trees.
Franklin/ But if we could do both.
Kubby/ If you could do both that is okay but the stacking is not an
issue for me after standing out there and looking at it. It
seems to me like there is plenty of room.
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Franklin! I understand what you are saying. Don't know is I agree
but I understand what you are saying.
JloJ'Ow/ Living with-
Courtney! II' you could give us any alternatives at all and the
gentleman would like to have some input n possible
alternatives too. And you will get a chance to give us some
input on it. But I would like to have stall review this. We can't
redesign this thing tonight. I think it caught some or us a little
unaware last night that there was this big or a problem on it.
And I didn't have a chance today. Well. there is for some. And
we all need to go out and make a site visit.
KubbYI What dies this do, Mr. Glasgow. to derer. What does two
weeks to do you.
Bruce Glasgow! The only problem I have IeI'! is (can't hear).
I wish I hadn 'tlistened a little bit more to P/Z in 1954 when
we were standing on First Ave. and looking at a beautiful corn
field that weren't 1'01' a mile and a quarter to the east. They
told me that the main drag through Iowa City was Friendship
Street. And they begged me to put a cui de sac in on Court
Street so I wouldn't have to put a bridge in there. I was just a
young fellow. So I thought maybe ir I could save $15.000-
20,000 and not have to put a bridge in it would be wonderrul.
But then you look at a map and saw a street going all the way
through town, cutting the town in half. Court Street on one side
and !vleirose on the other side and we hac! visions or a bridge
on Melrose. Almost got it. Anyhow, ir I paid attention to them,
I wouldn't be in this predicament today. I will not put garages
and garbage cans and swing sets backed up to Court Street. I
can find a different way but it is going to take a dirrerent use.
Ills going to be a Church or school or whatever we can come
up with.
Kubby I Or a daycare. I think that area is going to need a daycare.
Glasgow! Daycare center would be nne. But we would have to use all
four lots not just three or them. But I can't see any trouble
with a driveway coming out in the Court Street. Have two on
the other side. We didn't use one of them. Maybe I could give
you that as a trade.
Courtney! I think there is jllst enough connict betwecn starr and [l/Z
and somc or thc rcelings on council that we arc going to nccd a
collple weeks to work this Ollt.
C;lasgow! Maybc wc can visit with somc or you Ollt on the site.
I
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#4i page 4
Courtneyi [ think that IVould he helpful. Any further discussion on
deferral.
All in favor (ayes)
Opposed (Nay-Kuhhy)
Malian passes.
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Agenda
Iowa City City Council
March 30, 1993
Page 6
13- 1014
j. Consider a resolution extending the expiration date for the amended
preliminary plat of Hunters Run Subdivision, Parts Eight and Nine.
Comment: The preliminary plat for Hunters Run Subdivision, Parts Eight and
Nine, will expire on May 3, 1993. The Hunters Run Development Company
has requested an eighteen.month extension of the preliminary plat. At its
March 16, 1993, meeting, by a vote of 6-0, the Planning and Zoning
Commission recommended approval of the requested eXtension. Staff
concurs with the Commission's recommendation.
Action:
~/711(7)
93-(,,1
(I/#J ~ ~e-f
k. Consider a resolution certifying to the Treasurer of State the actual popuiatlon
of annexed territory generally located east of Scott Boulevard and north of
Court Street.
Comment: in conformance with Iowa Code ~312.3 concerning road use ta~
allocations, the City Is required to certify the population of annexed land. In
the recent annexation of the undeveloped, approximate seven acre parcel
generally located east of the City, no new residents were added to the City's
population.
Action: ~/ ,Jtw
I
(!&,IA# ~
I. Consider a recommendation of the Planning and Zoning commisslo~d~J-
a request submitted to Johnson County by Orlin Hochstetler to rezone a 3.9
acre tract of land from A 1, Rural, to RS, Suburban Residential.
Comment: At Its March 16, 1993, meeting, by a vote of 6.0, the Piannlng
and Zoning Commission recommended that the City Councii forward a
comment to the Johnson County Board of Supervisors finding that the
request to rezone an approximately 3.9 acre tract of land located on the east
side of Kansas Avenue, north of Rohret Road, from Alto RS Is Inconsistent
with the mutually agreed upon Fringe Area Policy for Area 1 and should be
denied. The Commission's recommendation is consistent with the staff
recommendation contained In a memorandum dated March 16, 1993.
Action: ~ / ,~
I
}r>n 1:tu..;
ITEM NO.5. PUBLIC DISCUSSION
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Courtney! Moved by Homw, seconded by larson. Discussion.
Kubby! We are going to be more thorough on our explanation to the
county as to why we voted for denial.
Hormv! Yeah. That is what we talked about.
Franklin! We have revised the Jetler to include language which
discussed the poor condition of Kansas Ave and Rohret Hoad,
concerns regarding waste water treatment, and well water
quality.
Kubby! Okay.
Courtney! Any further discussion.
Kubby! Do we vote yes to say no.
Horow/ Right.
Courtney! All of those in favor (ayes)
Opposed-
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Courtney' Public Discussion.
Doyle Detroit I am one of the Co-Directors of Public Access
Television, Channel 26. ,\s anyone knoll'S \Vho has read a
ne\l'spaper today or listened to local radio \l'e had a problem
\Vith broadcast on Thursday night last. i\ tape that \Vould
never had been sho\l'n at that time period \l'ould we knolVn
IVhat it had contained did go out over the air. We regret this
unfortunate incident. We want to follow up with council and
with the people watching at home and the people present in
this room and be available for questions about any of our
procedures, in playing tapes back. We did take prompt action
on this in accordance with our guidelines and I can outline that
with you if you need any details. We also need to correct some
of be misapprehensions of the neIVspaper reporters that we
talked to yesterday. Things that we published today. We are
the third party in a three party contraClwith TCI of Eastern
Iowa and the City of 10IVa City. PATV is a free standing non-
profit organization. We have a contract IVith the City of Iowa
City to pr0\1de access services to the community and IVe are
paid directly from TCI. We are not a part of the franchise fees
that are paid to the City of Iowa City. We have two full time
m<umgers, mysell', Doyle Detroit, and Renee Payne, \Vho is
sitting gin the back roll' in the blue shirt. We are alIVays
available for comment from the vieIVing public. Anyone IVho
has seen anything on public access that they have questions
about is free 10 call us at our studio phone number IVhichis
listed in the business section of the Iowa City phone book. [
understand thaI there was some difl1culty finding the phone
number and il is listed under Public Access Television in the
business section. }\nd we have found this to be an instructive
event. We have reviewed our policies and procedures and we,
at this point, find them to be sound. We h<1\'e gone on the
premise that by (~\pJaining the First Amendment rights and the
attendant responsibility that come with using those rights that
IVe will get professional perlorInances from public access
producers. This had IVorked well in the three years that we
have managed Public Access production in 10IVa City. We, at
this point. \l'ill not be changing our revieIV process. Anyone
can submit a tape to Public Access Television. You fill a one
pagc lorm. you tell us what is onc the tape, and we trust you.
And that is Slill what wc intcnd to do.
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I
I\ubbyi Doyle, is someone comes in wilh a tape that has something
that is questionable on it what is your procedure.
Detroit.' In the one page form there is a one question that asks if
there is any explicit or violent material. And iJ' anyone checks
yes then one of the co-directors will have a conference with
that person in order to determine what kind of olIensive
material we are talking about. Usually if the person insists that
it needs to be broadcast on Public Access Television we will go
ahead and we will broadcast it but we will broadcast it late at
night
Kubby/ Is there a disclaimer on the screen before it is shown even
though it is late at night.
Detroit! The disclaimer that runs on every tape that \Ve show says
Public Access Television is not responsible for the content. We
do not have a disclaimer lhat says that this contains violent or
explicit material. That hasn't been part of our procedure.
I\ubby/ In front of every tape-
Detroit/ I~!ery tape submitted for cable cast.
Kubby/ Okay.
Horow! I wanted to ask if, in trllsting them. if they actually do say
yes there is violent or explicit material, do YOll them make a
decision in terms of the time of night thaI this is to go on.
DetroiU Uh.huh.
Horo\V! I had a complaint the other day of something lhat \Vas on al
] 0:30 and that-
Detroit/ That may well be because we use 10 o'clock as the diViding
line for anything Ihat has any kind of controversial nature. It
may happenlhat things will play at 10:30 and YOll will still get
complaints about it. We Icel at that pointlhough and this is
advice that we have gotten from Sue Busky who is the
consultant that the city hired to help us set up the non prol1t
that now manages Public Access thatn1<lnaging the time of the
hroadcast is not infringing on First Amendment rights. We still
make time available for public broadcast. So you may f'incl that
you will get complaints. The thing that we were concerned
about with this unfortunate incident on Thursday night was the
timing problem. It was a time when children might he
expected to he watching. That is not our normal practice. If
we were 10 have run this tape which f suppose we might have
done had it been submilled with some dialogue with the
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producer and had I\'e had a sense of II'hatl\'as on the tape, it
I\'ould have been on much later at night.
Horol\'/ By much later at night I consider] 0:30 sli1ll\'ithin the realm
of I\'hen kids are I\'atching. I don't consider that late. Not
today's kids, unfortunately. Is there any indication on the
Board that youl\'ould reconsider the time in which these tapes
I\'ould be shol\'n.
Detroit/ We actually-you are the first personl\'ho has hrought it up.
So I can take it back to Renee Payne and to my hoard of
directors as I\'ell. We are rules hy our volunteer hoard of
directors and see if they find this to he satisfactory. it may be
that]] o'clock I\'ould he more realistic. We have re.planned
our broadcast so we are going to be cable casting until almost
12:30 mostnighls no\\'. So that doesn'tl\'ork a hardship, I
think, on anyone. So it is a possihility.
Horol\'/ I would really ask that hecause lthink that hardship comes
from the parents. Especially spring break. Kids truly stay up
late. I mean, that is the thing to do. Ane!1 fine! this difficult to
ansl\'er to constituents I\'ho fine! something questionable \,,1Iue
on ilatl0:30.
Detroit/ So your feeling is liar I ] :30 I\'oule! he morc.>-
Horol\'/ The later that you can put it on. If you are going to trust
them ane! you are going to use your ol\'n good judgment in
terms of I\'hat goes I\'hen the raunchier it is [ I\'ould put it later
at night. ~Iayhe that I\'ould make the kids stay up later. I
don't knol\'. But it is hard, Doyle, it really is. And the parents
need some support for this.
Detroit/ Welll\'e do support I\'hat parents arc telling us ahollt this
andl\'e have done so much work with children, particularly in
the last six months on the Hoover School Project that we are
very aware as
CHANGE TAPE TO REEl. 93-32 SIDE 1
Delroit/ Particularly a prohleml\'ith the piece that I\'ent out on
Thursday night. But I\'hat I\'e are also telling people in the
I\'orkshops is that if any or the stall members find anything
objectionahle they have the right to file a complaint I\'ith the
county attorney's offke just as nay other viel\'er docs. And as
I have ol'tentold people in workshops 11\'i11 he the first one in
line to go to the county attorney's office if something I that I
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I
think is pornographic goes out over the air because I am a vcr}'
critical access watcher having watched as much of it as I have.
And by gosh. I was. I was the first person to turn this tape
over to the county attorney's ornce on ~'Ionday morning. So
within 24 hours we had taken prompt and I think efTenive
action against this particular person who had put this on the
air. I think you comments though are well taken and I will
talk to the board about this and see if' we should manage the
broadcast later lor anything that has any kind of controversy
to it.
Horow/ Okay. Thanks.
I.arson/ Doyle. I want to make a fell' other points for the public and J
appreciate your comments and they are well taken. ~'ly
understanding is that the community producer that put this
together has been putting material on the airways for quite
some time. Almost two years and nothing like this has
happened before and that what happened in this instance is
that he was preparing a program, a machine broke down. so he
wasn't able to get is program ready. And rather than replay an
old one which he had been having to do in other occasions. he
was handed a tape by an acquaintance and just used bad
judgment in saying on the lorm that it didn't contain explicit
material and he actually didn't know. Ilwas misrepresented to
him. J wanted to explain that to people so that they
understood that it was partially the process not being at fault
but it was just a human error that can happen with any set of
safe guards that you have setup. So J wanted to just defend
him to some extent and point out the mistake that he had made
but point out that it wasn't one of bad faith as much as an error
in judgment in trusting someone. I think that is important to
knoll' because people arc concerned about the process, not so
much a single incident. They want to make sure that the
process is understood that things like this wouldn't happen
without a mistake being made perhaps. Secondly I think
something that is of concern to people is to what extent the city
council of the city. as an entity. has control over the matl'rial
that goes out. And my understanding from when we last
visited this three years ago that is that PATV is the a separate
entity and you set up your guidelines and that law and
particularly constitutionallal\' precludes the city of Iowa City
of the city council specifically from telling you you have got to
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I
look at everything before i1 goes out and use your judgment as
to what to sensor and wl1at not to. Is that your understanding.
Del roitl That is my understanding. Though I do need 10 point out to
you that the last incident which was three years ago in January
of 1990 was during the time whenlIerilage Cablevision, nOlv
TCI or Eastern Iowa, was still managing public access cable
casting in [owa City. There was an interim period of time or
three or hlUr months. Actually we took over, the company I
work for, took over in April 1 , 1990. So our third anniversary
is t1l'0 days away. [n the three year as that 1I'e have managed
and having had the benefit of knowing what Heritage
Cablevision had had happen. we have designed processes and
procedures thal11'e think insure quality broadcasting to the
community as well as sare guarding the First Amendment
rights of the people who want to submit sholl'S 1'01' Public
Access. We do not review shows. We have never reviewed
shows in the last three years. We check for certain minimum
technical standards. We never review for content.
Larson/ [ appreciate that. Two other points that I want to make
tonight. And [ appreciate the distinction betll'een1l'ho is in
charge so to speak three years ago and no\\'. The first is that if
people are concerned and want to have input into your
procedures and sare guards and processes they can apply to be
on the board of directors and help dictate those policies.
Detroitl That is exactly right and.
Larson! We don't appoint those people here.
Detroit! We have three vacancies coming up in the next three
lllonths and 1I'e are interested in widening this group of the
board of directors. And that is something that is certainly open
to lhem ir they would like to apply to be on the board of
directors.
f\ubby/ You don't have to be on the board to have input.
Detroit/ Certainly no!.
Larson/ But to have a vote you do.
DetToitl Yeah.
Courtney/ Sir, are you on the same subject.
Larson/And [ want to speak-[ knoll' you want to give him a chance
and [ do too. Hut [ lI'ant to make my comments bel(lre he
spoke so i1 wouldn't be a confrontational type or thing. Because
I don't have any problem with anything he is going to say [
don't think. The last thing is is lhat iryou reel ClS I do that the
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li5 page (1
procedure should be considered. at least, as to whether you put
a warning in front of items that the producer tells you that this
does contain material. That is just a vote for your board of
directors to decide whether to put warnings on and I just
happen to think that is a good idea. I would urge you to at
least consider that on your board of directors whether a
warning for materials that you knoll' and have reviewed are
explicit or violent. I think a warning can be devised that passes
conslItutionalmuster and I would atlenst ask you to consider
that. I am sure you have at times but I think it wouldn't be a
bad Thing to see how the board of directors feel about that.
Than k you.
Detroit/ I will be happy to recommend that. Both the time and the
disclaimer. Are there any questions from council.
Courtney / I might have some comments after he is-
Detroit! IwiII be happy to respond to anything Mr. _____ needs
to say.
Larson/ Thank you very much.
Ten)' Ivlulenbrooki I am I guess the instigator of all of this that has
been in the papers lately. I guess I am before council today to
actually see or ask what can be done and what inlluence you
can play to eliminate this ever happening again. And I realize
three years ago there was an incidence like this and now it has
happened again and I guess from three years ago there were
some policies and procedures that were established to prevent
this and once again someone has found a loop hole to manage
to get this nlm on. And I guess when I look at a nlmlike this I
really have to ask myselr is this something that really needs to
be on the public access end of it. And, again, you are going to
get into the conllict or censorship and stufl like that. But]
guess what I am asking the council is what ran we do as a
community to help you convey this message that as a parent.
We are sick and tired of it. And I knoll' there had been some
discussions before of the artistic value of a piece like Ihis. And
there was none.
Courtney/ I think that you have got ,I partial answer if not a full
answer in the discussion we had with Doyle. IWI'\I is governed
by a separate board and they have public meetings just like we
have public meetings and any and all people can go and make
comments to them as to what t here procedures are. Plus, you
can apply to aCillally be a board member. Anyone can. And
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if) page 7
have a direct influence through ;1 vole as 10 whal you wanllo
happen.
Mltlenbrook: Yeah. [had asked Tom lIardy to send me a copy of
their policies and guidelines and on page 2 of lhe (;ltidelines,
under obscenity, the piece I hat was onlhere failed alllhree.
And as Handy had slated. you knoll'. perhaps lhe person who
was in charge of lhis time slolwas duped or misled. Bul [
gltess what I would be asking is if somelhing is going to be
shown during prime time at all. And I understand ltnder
Doyle's aspeclthal they can't stop and review everything. And
I guess aliI would aspect thaI anything that is going 10 be
shown during the prime time hours where young children do
have the accessibility of lhis channel. ThaI we do take the time
to review these.
Courtneyi Well, commenls that I am going to make arc my own and
really don't reflecl what conslit utionally can be done. But I
happen to agree with you totally. I have watched many
programs on there on the early evening that have involved a
lot of vulgarity. I am probably the only one here that has
walched this particular piece and YOlt are right. it had no
redeeming qualities what so ever.
Mulenbrook/ AbsoIlttely no!.
COltrtneyi Again, lhat is a value judgment on my part. 11 didn't
belong on there. NOlhing like that should sholl' up there.
Especially al8 o'clock in the evening. I wish we had more say
so in lhe policies because I am frankly tired of it 100.
Mulenbrook/ Docs the council have any ability at all to sel any of he
policies or the guidelines. Not at all.
Horawi No. We cion'!. Bullhere is another process thaI can be
taken. I am not being facetious bUlmany times there are some
programs on that particular channel that while not vulgar [
happen to consider have absolutely no redeeming \^c1Iue what
so ever. And lhe only answer to thaI is lI'e need more
producers to put more programs on to supplant those. [am not
being facetious.
Mulenbrooki f ltnderstancl.
lIorowi One thing to do is get involved and start producing or urge
any oflhe groups thaI you belong to to do this. [mean the
more material thaI they have, the more they arc able to.
Courtney.. They rcally arc looking le)r material. All of Ilw lime. Not
only from individuals hut from civic groups, churches, United
,
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Way. Whatever you want to name, if they want to produce
something and put it on 1'01' public knowledge, they are more
limn happy. Delighted 10 have il. People just start doing it.
Kubby / I would encourage more programming not to supplant
current programming. To broaden the spectrum of current
programming.
Horoll'/ When I mean supplant, I mC<1n supplant.
CourtJley/ We lI'iI! argue that all night.
Kubby/ That is the purpose of public access. Is that local people can
express themselves and that if it is not redeeming value you
have the power to do two things. One-turn the channel. 2-turn
it off.
Mulenbrook/ But when you have got children involved you can't
stand there and control that. That is what I am saying. My
II'jfe and I had purchased a t.V. 1'01' our older sons. You can't
stand there and monitor them all of the time. That was the
purpose and I guess my disgust comes from the 1~1Ct that what
is next. And you can't stand there and say you can't turn it off
if you are not in the room. That is not an oplion I don't believe.
.Kubby / What I am talking about is not so much about explicitly
obscene and everybody is go\\'n 10 have a different definilion
of what teat means or of violent material. I am talking about
\\'hat Sue was talking about. That she doesn't find any
redeeming value. It is not vulgar, it is not violent and it is not
obscene. That is the purpose of PATV. Is 10 allo\\' that
diversity and that local input 1'01' programming so that we are
not-thaI our only Options are not multi national corporations
who are putting out certain kinds of messages. For us to create
our own messages and that is \\'hat r am talking about.
1I0roll'/ Oh, Karen, don'lmisunderstand me. I did not mean that
some of the stuff that I have seen should be supplanted by
multi national corporations. ImC<1n other citizens who can
come up with programs that are a little bit more informative,
slructured and inten'stin!( in some of the material that I have
Sl'Cn.
Kubby/ What I am saying is when that stull gets produced, to not
take off the st ull you or I don't like or whoever. But to go till
2::m in the mornin!( instead of 12:30. I mean on those kinds of
things.
Courtneyl I could live with that. Put it after midnight.
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I
Mulenbrook' I would just like to also tell !'byle tanks for moving so
sll'iftly. I really appreciate that. I dIdn't expect that. I really
did appreciate that.
Kubby/ Ithink it is really important that that process is open. They
are not shutting down but they are opening up and saying lI'e
want suggestions. II' you have specific things I really
encourage you to write a letter and to talk to Doyle as of1en as
you need to.
larson/ And [ think it is important to note also that people that are
community producers really like doing it. They didn't do it lor
a long time. They put a lot of hard work into il. And when
they are immediately suspended for a mistake. When
something like this happens It is not as if well. we can't keep it
from happening. They is nothing we can do. The person can't
put programming on anymore. And that is maybe there
biggest avocation and so there is some punishment aspect to it.
And I applaud her [or moving quickly. And if, of course. it is
ruled by the county attorney to be pornographic, then there
can be criminal sanctions as well. I hear ever)'thing you are
saying. I don't disagree with any of it. I do think the time oj'
night, it can be a little later than 10 o'clock maybe. But the
point I wanted to make is these arc decisions made by other
people that are susceptible to public input and I hope people
get involved with them. Thank you.
Kubby/ I think lmight have a question lor Doyle as to how long is
the suspension.
Detroit/The document that I eluded to, Guidelines, at least I think I
eluded to it. That is the process that lI'e use. It is like the
handbook for producers. Guidelines allows for a two week
immediate suspension and so ~Ir. lIurbsts lI'as suspension as of
noon onl~riday. That is the minimum suspension. It appears
likely that he will lose his privileges permanently on the basis
oj' unprofessional conduct, the obscenity problem.
Unpro[essional conduct being not filling out the form
accurately. The obscenity problem has been VCI)' helpful so hll'
in our investigation on this and it may be that lI'e lI'ill negotiate
with him lor community service hours so that he can get his
privileges back. It would have to be lI'ith some assurances that
he understands exactly what happened. That you don't put
things on the <IiI' if you haven't seen them.
Kubby/ I think intent is very important.
I
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it5 page 10
Courtney: I had a conversation with him last night before the council
meeting and I would like to commend him on his
upfronledness on this thing. lIe came right out with a public
apology to us. through me, and laid it all out and what about
the person that gave it 10 him and misrepresented it. Do we
have any recourse there.
Detroil! The latest information that I heard on that is li'(}Jll Patrick
White. I spoke to him this afternoon. We have been working
closely with the county attorney's office on this matter. We did
t urn over the original tape to Iowa City Police Dept. detective
Mike Lord who is now going to be taking over the investigation.
They are trying to find this person who gave Joe Hurbst the
tape lhat wenl on the air to determine his intent. If he knew
the material that was on the tape. I understand that there is
some difficulty with his last name. Apparently it was one of
these acquaintance things that sounds like a guy who fell in
with bad company and put one of t heir video tapes on the air
unfortunately. So we don't know exactly what is gong to
happen at the end of our disciplinary procedure at Public
Access. [t is likely that he will not be on the air again. And the
show, 01' course, has also been suspended and it will not be on
the air. Even the earlier things that we have shown will not be
on the air.
COUl1ney/ 1 guess, personally, I am more upset with that person that
1 am with John. Ithink he really was duped on this thing.
Detroit/ 1 think so too.
tarson/ I, personally, am very impressed with John. Both his
sincerity and truthfulness in coming forward and also the
affect that il had on him as well as his past record and so 1 will
leave those determinations to you. BlIl for the public to know
that he came forward and was straight forward and I was
impressed wilh him last night in talking with him.
Courtney/ When is your next meeting.
Detroit! Our nexl board meeting I believe is the third Thursday in
April which I think is the 15th.
CourtneYi They are normally the third Thursday of each month.
Delroil/ It is normally the third Tllllrsday in ,"pril. It is normally ai
7 P~'I in the Senior Cenler Classroom 1. If anyone who would
like 10 altendwho is watching or is 11l're in the room, you nlll
callus at .BH-703S and we would be happy to furnish you
with an anemia of that meeting and to make sure that there is
'"
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If5 page 11
time for you 10 discuss wit h us I he process so thaI you feel
comFortable in the meeting and can contribute to the meeting
as much as possible.
Illrson! Thank you.
Nov,! [)ovle, I lost track of Ihis conversation somewhere. Is this John
notlhe producer of' the tape but the scheduler.
Detroit/He, how can I explain this. It is not uncommon to have
people bring in pre-made tapes. And so we call the people who
make the tapes and who submitthem/br broadcast both
producers. Even though, For example. we are running a
selection of the Eternal Word Television Network broadcasts
and the producer there is listed there as Mr. Doug ~'Ianett)'
(spl). Mr. Manell)' didn'lmake the tapes. The tapes were
made somewhere in Alabama. So when we say producer we
mean whoever sponsored the broadcast. When we say
producer it applies the people who sign out equipment. Those
are the people who have taken the workshops and who are
certified to use the equipment and know that the)' have to put
something on the air if they use our equipment. So there is a
lillle bil 01' play the wheel on that phrase.
Nov/ What about the person who accepted the tape and schedule it
for 8 o'clock.
Illrson! That is John Hurbst. That was the com m llll it)' producer.
Detroi1/ That was Johnllurbst, the community producer.
Nov/ Now is there some kind of overall scheduler.
Detroit.! Yes. Henee I~lyne handles the scheduling.
Nov/ So neither Renee nor John really knew what was in this tape.
DetroiU No. We knew what we had on the form. We had the title.
We knew that the form said that it had no explicit material and
we also had a producer who had submilled shows regularly for
two years. So we had no reason to think that there was
anything wrong.
Nov/ Who filled in this form.
Detroi1/ John Hurbst.
Nov/ Without having seen the tape.
Detroil/ Without having seen the tape. The gentleman who filled out
the form signed olT on the hold harmless clause which is all of
our forms for cable cast which states that public access is not
liable lilr anything that is broadcast. And signed olT on tlmt
and signed ofT on the contents and submitted illill' broadcast
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it5 page 12
without hm'ing seen it. Something that I will be teaching about
in workshops for years to come.
Now Thank you very much. [also concurred with the 11 o'clock cut
oft:
Detroit/ Is that the consensus of council. So, should [ take Ihat back
to my board.
Courtney/ Onlhis one I went for after midnight.
Burnside! I would have went for not at all, Darrel.
I.arson/ My caveat is thaI I want my opinion to be jusI one person
who lives inlhe community and not a city councilor. I think
your board should decide Ihese things.
Detroit/ So you prefer thaI the board discuss it and possibly-what we
have done in the past, for example, is run focus groups with
users of Public Access. rt is not uncommon for us to run focus
groups about buying equipment, which equipment formats
they would like us to move into and how Ihey would like the
equipment to be arranged. 11 is not impossible Ihat we could
run focus groups with viewers, for example.
NOlO/My only concern is that the board at least consider a later hour.
Ill/'son/ I think that people 16 and under stay up much later lhan
10. I think that is prelly obvious.
Courtney/ Ilhink that it is [~lir 10 say that whether we are legally
involved or not some how or other every time one of these
happens we are involved because we are the first ones to get
called. Not you because people don't knoll' that. I was the orst
one that got called on this one. Sue, maybe. And that is going
to happen and so we are going to, to some extent, be giving
input every time one of these happens.
Detroit/ And we want your input onlhis kind of problem because we
are in a continuing dialogue with this coml111ll1ity and this is
the kind of dialogue that sets up what community standards
are for Iowa City. And thaI makes it easier for us to go back 10
coml111ll1ity producers and if someone has a tape that I consider
might be a problem. If I can steer them lowards a film festival
or some kind of sholl' case or some kind of gran1ing
organiza1ion. Somet imes thai can head ofT this kind of thing.
Not everything Ihat is made on video has to be shown on Public
Access. rt may not be appropriate and we are aware of that
and we teach that in the workshops. BUI ,lnything anybody
wants 10 have shown on Public Access. we will make every
emlrtto schedule and sho\\'.
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I:) page 13
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J\ubby I think 11M is an imporlan! balancing-
Courtney r thought this job \\'as harel, .lust as one nnal comment.
want to-I guess Bob left Bob Hardy did a lot of leg work on
Friday that he really didn't have to do and really put together
all of the pieces or this thing. I \\'ould like to thank him 1'01' his
effbrts on it.
Any other public discussion on items not on tonight's agenda.
Tom Baldridge/Good evening. 306 Melrose Court. last night the
neighborhood, the Melrose 1\ve. Neighborhood Association met
to bring many or our members up to date \\'ith recent events
because some people had been out or town on spring break or
on ot her t ravels. Naturally we discussed t he action of the rDOT
to request an environmental assessment or environmental
impact statemen1. Whatever it is determined it will be. And in
the process it struck us as a group that it is ironic ir not
contradictory that one department of state government, the
[n/', has placed the bridge project across the HR Tracks on hold
until this environmental study is completed. While another
part or state government, University of 10IVa Hospitals and
Clinic, is continuing to build it's project called The Final Phase
and the parking ramp with it which is planned to access on
~Ielrose Ave. Which action may very well indeed have an
environmental impact on the whole project or the bridge
replacement and the resultant widening or Melrose Avenue.
We. therefbre, respectively request that the council investigate
some avenues to obtain a delay fromlhe University or lo\\'a
Hospital and Clinics on completing this access onto Melrose
Avenue unlilthis determination has been made. You arc our
representatives. We are dependent upon you to protect not
only our interests, not just those of lhe Melrose Avenue
neighborhood but those of t he citi7ens of all or Iowa City.
MclV Tom, the>re is nothing ironic or llllusual about that at all. No.
No, f am serious. We no throunh this all the time. And as ram
sure that you arc well aware of. The most recent example th,11
lasted fbr about three years where we had to meet certain
standards sent down by the DNI( and the other slate
department is suinn us because they diclnot IVant to pay the>
re>es thaI were involved as lilr as me>et inn those st,lI1c1arcls.
That was just resolved a rew months ago.
Baldridge/ It rmli7e tha1.
MclV It is the same kind or situation.
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Ibldridge. I also realize thm in the resolution of that particular
problem we. the tax payers, got to pay twice.
McD! That is right.
l1orow/ That is what will happen if we delay access I()r the hospital.
I hate to say it that way.
McDi In Iowa City that is the way Iowa City works, Tom. You or I
probably are not going to change that, unfortunately.
Kubby/ We did ask last night. We asked tbe city attorney. Was it
!landy or Sue. I(andy. Ibndy who asked that we get a wrillen
opinion saying can we block the University from having access
from that ramp onto illelrose.
Courtney/ (can't hear) access or all issues concemed with that.
larson/ What I asked the city attorney was whet her we had any
legal authority 10 restrict access onto one of our streets and
also the corollmy that Karen brought up then when they have
one access do they always get the have one or can you say no
access on top thai street.
Haldridge/ I understand that, It just strikes us as a little hit unusual
that given the history of the relationship hetween the
institution of the University of Iowa and the City of Iowa City
that this has not yet been resolved.
Horow/ It doesn't surprise me.
Haldridge! I mean back in ] 920 r would think that this would have
been pertinent issue. But that is beside the point.
1..arson/ There are different people running the hospital and clinics
then there are running the DNH then there are running the DOT.
I don't' think that it is all that unusual.
Baldridge! Well, the other queslions that we have were what is the
process to be followed now and we would like to be involved in
it.
Kubhy/ We asked last night that we get kind of a game plan as to
what happens fromlhe environmental assessment going to an
environmental impacl statcment. II' the assessment says that a
statement is warmntcd and where is the appropriate time in
Ihe process (()r the public to be involved. We don't know the
answers to tlml yei. We have asked that we get it writlen
down and that it be sent to neighborhwcl. I would like it sent
10 University IIts., the UniversilY, and 10 us so that eveiybody
knows what is the process what is the time frame if that is
possible 10 get and where do different entitil~s get involved.
Thai would he very helpful to everybody.
I
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Horow/ The Engineering Department at this point. is talking with a
consulting company about how YOll actually start the scope of
services. We really don't have that informal ion from the slate
yet.
Baldridge/ From the DOT.
Horow/ Right.
1.arson/ What Steve Alkins told us last night when we brought up
questions raised by Dr. ____ Widnesses letter was that there is
apparently some differnces of opinion within the DOT as to
whether we need an environmental assessment or an
environmental impact statement and lhat as soon as they
figure out what they want then we can start to look into what
is going to happen. And so we asked him 10 ask them for a set
of procedures and time tables and where public input would be
appropriate and where i1 would be welcomed and not allowed
as Karen just said. I don't know how soon we are going to get
answers. We have some skepticism about whether we would
ever get told that kind of game plan or process or lime table.
He just doesn't know if they do that or not. But if we get
something, you will get it.
Baldridge/ So the appropriate response is stay tuned.
Horow/ Right.
Baldridge! Thank you.
Cour1l1ey/ In this case, the government channel not PATV.
larson/ Or both.
Courtney / Any other public discussion on items not included in
tonight's agenda,
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Agenda
Iowa City City Council
March 30, 1993
Page 9
ITEM NO.6. PUBLIC HEARING ON THE CONVEYANCE OF CITY.OWNED PROPERTY AT 1630
I STREET.
Comment: The City has moved a house from 323 South Madison Street to a
City-owned lot at 1630 I Street. The house Is being sold to an eligible low- to
moderate-income family. This family will complete rehabilitation of the property
with some assistance from the City. Rehab Is expected to be complete by August
31, 1993, at which time we will close on the sale of the property. A minimum
of $2,000 In sweat equity will be considered as partial downpayment on the
property. A resale agreement will ensure that this home Is affordable to a
low/moderate jncome household for at least 15 years.
Action:
~Q o->LV ,~O"'oAJ
ITEM NO.7. CONSiDER A RESOLUTION AUTHORIZING CONVEYANCE OF CITY-OWNED
93 -f.,"l, PROPERTY AT 1630 I STREET TO VALERIE VEVERA.
Comment: See Item 6 above.
Action: 1\~ / .;(~
~ ~!o
lhu.IJ~
ITEM NO. J. - ANNOUNCEMENT OF VACANCIES.
a. Current announcements.
I
(1) Riverfront and Natural Areas Commission - One vacancy for an unex-
pired term ending December 1, 1994. (AI Rebal resigned.)
t,J>I""~1
(2) Board of Litewy Trustees . Two vacancies for six year terms ending
July 1, 1999. (Terms of Kent Swain and Anne Hargrave end.)
(3) Parks and Recreation Commission. One vacancy for an unexpired term
ending January 1, 1996. (Jennifer OISO)reSlgned.)
(II) e,d, t.r A ""Is (5r'(' addl'/;m'
These apPointm~!ts will be made at the May 1, 1993, meeting of the City
Council. '
b, Previously Announced Vacancies.
(1) Mayor's Youth Employment Board - One vacancy for an unexpired term
ending November 4, 1995. (Kurt Kastendlck resigned.)
(2) Historic Preservation Commission. One vacancy for a three.year term
ending May 29, 1996. (Betty Kelly's term ends.1
I
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City of Iowa City
MEMORANDUM
Date: March 29, 1993
To : Mayor and City Council
From: Marian K. Karr, City Clerk
Re : Addition to Council Agenda of March 3D, 1993
Item No. 8 - ANNOUNCEMENT OF VACANCIES.
(4) Board of Appeals - One vacancy for an unexpired term ending
December 31, 1997. (licensed plumber/new term)
Ptl:A.ed: 5. 'tI5 f1'\.
3/;J, ? IJt(
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Agenda
Iowa City City Council
March 30, 1993
Page 10
These appointments will be made at the April 13, 1993, meeting of the City
Council.
(3) Riverfront and Natural Areas Commission. One vacancy for an unex-
pired term ending December 1, 1994. (Dean Sullivan resigned)
(4) Broadband Telecommunications Commission - One vacancy for an
unexpired term ending March 13, 1994. (Paul Casella resigned)
These appointments will be made at the April 27, 1993, meeting ot'the City
Council.
ITEM NO.9- CITY COUNCIL INFORMATION.
k~
ITEM NO. 10 - REPORT ON ITEMS FROM THE CITY MANAGER ANI;! CITY ATTORNEY.
a. City Manager.
- ()-
b. City Attorney.
I
- 0-
ITEM NO. 11 . CONSIDER A RESOLUTION APPROVING, AUTHORIZING ANO DIRECTING THE
'1~. ",q MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #3 TO
THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, AND HOWARD
R. GREEN COMPANY OF CEDAR RAPIDS. IOWA TO PROVIDE CONSULTING
SERVICES TO DEVELOP A COMPREHENSIVE WATER SUPPLY PLAN FOR IOWA
CITY'S POTABLE WATER TREATMENT FACILITY.
Comment: The City has completed Its Investigation of available groundwater
sources and has determined that it must secure Its potable water supply from the
iowa River, the Jordan Aquifer and the Silurian Aquifer. This amendment will
authorize Howard R. Green Company to determine the effects of blending the
various water sources, the location and spacing of wells and the location of a
treatment facility. Total cost of this amendment Is $66,000.00.
Action: Y\ ~,:, 0, ) / 1/*-0
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I
Courtneyi City Council Information.
hubby / 1 have a few items tonight. One is since lI'e have had the
rain and the ground is thawing I am viewing College Hill Park a
Jittle bit differently, I am seeing it as not finished and so !
wanted to get an update about-) noticed the lights are a little
bit different. They still seem very bright to me . But they are
di freren t.
Atkins! They are all changed. The clear light was taken out and the,
I think Terry called it. the opaque light was put in as well as
the shields on the lights.
hubby / So I guess what I would like is an update on is any kind or
complaint with the new lights.
Atkins! None.
Kubby/ Okay.
Courtney! It won't be near as bright when the leaves come out.
Kubby/ It is just that the light goes up which is really kind of
wasterul and it is kind or the design of the lamp. 1 don't know
is t hose shields are suppose to put it downl1lore but it seems-
Atkins/ The shield was to block the light heading towards 111e
streets.
hubby / We really need to light to go down instead of up and lighting
up the sky.
Alkins/ ! understand that point. J don't think that was the intent or
Project Green when they put the project together. I think they
were intending 10 make it old looking.
hubby/ ! am interested to know about the grass. I reel like with the
rain coming that there is a lot or mud going down the sidewalk
andwhal we can do to either prevent erosion until either grass
is seeded or t here is sod.
Atkins/ Sod is planned and or course we can't get sod just yet. But
we will check on the mud.
Kubby/ And the last thing is I wentlxlck to the rolder and looked at
the plans and in one picture il has railings along the sidewalk.
On both sides or the sidewalk and in another picture there
aren't any. So I want to know ir there are going to be any
railings on-along the sidewalks.
Atkins/ Each side or the sidewalk, Okay,
Kubby/ Well, the picture was In the park. In between the light posts
there was a railing and ir the money is tight or if a decision has
yet to be made about thai, my suggestion would be not to do it
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l!9 page 2
because of the \\'ay tbe park is used. People go across the
sidewalk and use the space as a \\'hole-
HorOlv/ Karen. you really should address those questions to Project
Green.
Kubhy/ I am asking for an update.
Atkins/ We \\'ill have to call them and \\'e can prepare il for you.
That is line.
Kubhy / Secondly I wanted to make sure people kne\\' about Iowa
City's Block Party thaI is coming up on April 81b. That is a
Thursday from four to six. 11 is the Iowa City Community
Developmenl Block Grant Party and il is an a\\'ards ceremony
and il a fun event and I have gone to everyone for Ihe lasllen
years and I am gOing to be out of town that day. I really enjoy
it.
Nov/It is fun and I wiII go.
Horo\\'/ Me loa.
Courtney/ And I \\'iII be presenting a\\'ards.
Kubby / Good. Then \\'e \\'ill be \\'el! represented. And it \\'ilI be from
four to six atlhe lo\\'a City Public Library on Linn Slreet. And
\\'ilh Ihalloo Ihat same Thursday is when I would usually have
my office bours from four to six PM. Usually \\'hen I have it in
the Senior Cenler I can run up and down from the lobby of the
Senior Cenler to Ihe a\\'ards ceremony or I leave a note and
people can come up and grab me. BUll am going to be oul of
to\\'n during my office hours. So, Ihal is April 8. I \\'iIl not be al
the Senior Center from four to six. So vou can call me al home
. -
or come back the next day. ThaI is all I have.
Horo\\'/ People can call me at home whenever they \\'ant. As long as
Ihey can gel me. I refuse to get call \\'aiting. I am jusI not
going to do it. I am happy 10 talk. I can have a long lelepbone
cord and I can just talk to anybody. Notbing other than that.
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II 11 page I
Courtney/ II10ved by Nov. seconded by Horow. Discussion.
Kubby/ I am really glad that the Ed and company are here. No
disrespeclmeant. Chuck. But this is a very important thing.
We are kind of solidif)'ing the direction that we are headed and
I would like one or bot h of you to do a song and dance for us if
you have your tap shoes with you. To talk a little bit about the
money. That it is part of our overall plan that we had already
agreed to. What is going to happen during this last phase. J
just think it is important information for the public. J ask for
Ed and I get Chuck.
Chuck Schmadeke/ As 1~1r as the moneys that have been spent so far
we have spent $419,000 on our study including the original
compo plan report. And we had eSlimated that $560.000 would
be spent searching for ground water and resolving this
problem in determining a solution.
Kubby / So this third amendment was part of the game plan in terms
of we knew t here was a possibility that looking for ground
water down soulh would not pan out and that we would need
to look towards this option. It was part of the game plan in the
sense that if we did not find ground water we would have to
result to river waleI' and I hen this segment of the study would
be necessary.
NoVl Would you also please tell us where the wells will be located.
The wells that are mentioned.
Schmadeke/ That is part of this sllldy to determine thaI.
Now That is not whal J mean. North of the cit)' or soul h of the cily
or in the city.
Schmadeke/ With the Jordan aquifer they could be in the city or at
the perimeter of the perimeter of the city. The waleI' source is
withinlhe city limits. The silurian wells probably be at the
eastern edge of t he city and as t he city grOll's to I he east we
collld extend them beyond the city limits. So I think that is our
basic scheme at this point. Bllt until the study is concluded we
won't knoll' exactly where they should be located.
Ilorow/ SO,Iet me follow up on this. If we do find them, silurian
wells that are useful ones, il would be to our advantage then to
acquire public land to the east of the city. I:arther to the east
of our city.
Schmadeke/ IUghl. As I~II' as drilling the well and protecting the well
head. That would be tme, yes.
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#11 page 2
Kubby/ Okay. So \vlml wc arc going lo gCI lilr this SRR,OOO is we are
going to be looking at what combination of river water, water
from the Jordan or silurian aquifers and what combinations of
the choices of two of those three or three of those three and
what rat ios.
Schmadekel That is right.
Kubby/ And wells should be located and how many of each.
Schmadekel Right. And where the surface treatment plant should be
located.
KubbYI And then what we would need in terms of facilities for that
treatment plant.
Schmadekel That is right.
Kubby! It is not a final design of thattreatmelll plant.
Schmadeke! No. 11 is just the preliminary design.
Horow! Does this also take into consideration any pumping stations
for future needs. Say to the north.
Schmadeke! As l~lr as our distribution system, we have a study
under way and that study is on hold now ul1tilwe develop this
plan and then we will proceed with that again.
Kubbyl One of the things when we first started talking about this
and! inqUired about is how can we incorporate water
conservation, education or! don't know if appliances is the
right word. Hut how we can get involved in water conservation
because since we are going this route it is going to be very vel)'
expensive and water rates are going to go up and how can we
payoff bonds we will need to let in order to provide the
quantity and quality of water that we are required to by law
and 10 get the aesthetic qualities our community desires. But
to also help people try to manage or control their bills by
talking about water conservation and providing them with
information as well as how to get products that help them do
that. How will-will that issue be looked at at all.
Schmadeke! That should indeed be part of the process. .Just
increasing rates is going to force ('()nservation. But [agree with
you.
Kubby/ Alternatives on how to deal with that.
Nov/ We are going to have to have an educational program on
consen'<ltion.
I [orow/ That is not part of t his conI raet.
Courtney! That is not part of this contract.
I
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#11 page3
Kubby! That is something in the future. Is that something that is on
line for us to be looking at. I am getting the shake of the head
yes. Great. That is really an important part of this.
Horow! Okay. But this is strictly engineering. It is not.
Kubby/ I understand that. Hut while we're voting on this we are
colllmining ourselves in some sense to a more expensive
option. And because of that it leads me to the discussion of
water conservation. [think there are a lot of people in this
community that will want to help voluntarily to help with that
educational program. Thanks.
Courtney! Any further discussion on this ilem.
HolI call-
,
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Agenda
Iowa City City Council
March 30, 1993
Page 11
ITEM NO. 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
'13 - 7D MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF THE KIRKWOOD AVENUE RECONSTRUCTION PROJECT.
Comment: The bid opening for this project was held March 23, 1993 and the
following bids were received:
Metro Pavers, Inc.
Iowa City, Iowa
$1,279,249.50
Tschiggfrie Excavating Co.
Dubuque, Iowa
$1,379,140.55
$1,322,500.00
Engineer's Estimate
Public Works and Engineering recommends awarding this contract to Metro
Pavers, Inc. of Iowa City, Iowa.
Action: "\'t.::.rj f~~ ,
jpo~ ~. ) ~:ZOf:
4u6 ~,:
ITEM NO. 13 - CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT i
'13-7/ FOR TEMPORARY USE OF THE MELROSE AVENUE RIGHT-OF.WAY BETWEEN
THE CITY OF IOWA CITY AND THE UNiVERSITY OF IOWA.
I
Comment: The University of Iowa desires to construct sanitary sewer and storm
sewer utilities to serve the new Eye Institute being constructed north of Melrose
Avenue. The temporary closing of a portion of Melrose Avenue between South
Grand Avenue and Byington Road Is needed to construct these utilities. The
storm sewer will be sized to also serve the Melrose Avenue paving independent
of width. This work Is tentatively scheduled for June and July.
Action: tkw/nftu.t.PlJ
dw'e ~0
ITEM NO. 14. CONSIDER RESOLUTION RE EASING AN EXiSTING AND ACCEPTING A NEW~
'is- 72. STORM WATER MANAGEMENT EASEMENT LOCATED ON PARCEL A OF
WINDSOR HEIGHTS FIFTH ADDITION AND AUTHORIZING EXECUTION OF A
.NEW EASEMENT AGREEMENT.
Comment: The owner of Parcel A of Windsor Heights Fifth Addition Is aiso the
owner of adjoining Lot 39 of Windsor Heights Sixth Addition. The owner desires
to build a house on said Lot 39. The house will extend onto said Parcel A and the
stormwater management easement by four feet. The owner requests that the
City release the existing easement and accept a new storm water management
easement reduced in size by four feet along the western boundary. The granting
of this request will not diminish the function of Detention Basin No.3 located In
the stormwater management easement.
'fv.-.'-DJ t'~
I
Action:
lI\(TJ 6/0
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#12 page 1
Courtney/Moved by McD, seconded by Kubby. Discussion.
110row/ Yes. I will have to refrain from excitedly voting 011 this
because I live on Kirkwood Ave.
McDill is only on the floor lbr discussion purposes, only. We didn't
say it was going to pass.
Courtney/ ~'lissing one member, got one not' voting. Can we muster
four votes.
Any other discussion.
Rurnside/ I think voting against it would also be prL'C]udecl.
Courtney/HolI call.
The resolution passes, lIomwahstaining.
I
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itl3 page I
Courtney,' Moved by 1l0rOlv, seconded by Nov. Discussion. I think
we have got someone rromthe University wanting to speak to
us tonight ahoutthe time table here.
Kubby/ Dick, will you also address notirication and through trarnc
and-
Richard Gibson! Director or Planning or Administrative Services at
the University of Iowa and i seemingly can't get rid or the
Melrose issue. Ilelt on vacation on ~'larch 2 and it took me a
while to get rid or that vibration. The timing is terrible in this,
of course. But this has been a long planned improvement,
frankly, in connection with the Eye Institute as well as the
plans 10 widen Melrose Ave. and we are in a situation right
now where we have little choice but to ask you to indulge us
and to permit us to continue with this project. Some of this line
adjacent to the hospital project is already in place. The storm
sewer needs to be in place as the hospital project proceeds
otherwise we are going 10 be dumping incredible amounts of
water on Melrose as construction hardens that sight. That is
exactly what will happen as the project goes up, And of course
we will need sanitmy sewer service to serve lhat f~lCility when
it goes online theoretically sometime in mid or late 1994. The
issue is completely divorced rromthe issue of Melrose as f~lr as
timing because, as you indicated tonight, I don't think anyone
knows what the timetable might be on that. And so there is
little point in our judgment at least in deferring this project
because we just simply don't know when it can be tied in with
the Melrose widening project or whatever happens on that
slreet. We are going to need these lilCilit ies near the end of
this construction season. The project will run on the north side
of the street until it reaches South Grand Ave. As it crosses the
street at the intersection to the easl, it will cross ~'Ielrose to Ihe
south side of the slreet. It will then run on eit her side of the
curb. Both lines will be put in at the same time. It will be on
public LO.W. at thaI point. The letter is not velY clear on this
point. We are not asking ir that street be closed. We are
asking that the south lane be closed. The north lane would he
kept open 1'01' the east bound trafl1c so we would not be closing
traITi<'. As 1~1I' as access to individual properties, r think there
are two private properties lhal will be alTected. The balance
are University properties. We would immediately reslore the
trench with gravel <IS IiII' driveways are concerned. As soon as
I
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Irl3 page 2
possible we would restore the concrete with a l~lst hardening
concrete so that nobody would he denil>d access to their
property except for a very short period of time. As far as
notice, I ,1m sorry Karen. you asked aboutt hat. It would be our
intention as soon as we have some anion from the council to
notil)!. by mail. each of the property owners as well as the
University activities that would be affected by this as to what'
our schedule \Vas and what they can expect by \Vay of this
project. I have Larry Morgan with me tonight, as well. who is
our engineer from Shive Haltery.
larson/ How far are you going to notify it. How l~lr up and down.
You talking about just the properties directly abulting-
Gibson/ I think it would be those directly-we usually release press
releases if the city is not interested in doing that concerning
the street itself. If anybody is interested in having that. There
is no reason for us not to noWY as widely as reasonable on this.
Kubby/ It might be good to also notifY the day care centers there so
they can-
Gibson/ They would be notil1ed as well.
Kubby/ As well as the Melrose Ave. Neighborhood Association so
thai they can do it further up as they see fit.
Gibson/ That is no problem.
Kubby/ Ithink to error on the side of broader.
Horow/ Actually. Dick. we also wanted a great big huge sign that says
this is not Melrose Avenue widening-
larson/ 11 would save you some phone calls if you did it. All joking
aside. I think notification that made it clear that this is not the
beginning of the widening project. 1 don't have faith in
newspaper articles because-
Courtney/ Well. not everybody reads it.
Gibson! That would be a unique construction project sign, Iwill
have to- This is not-
CHANGE TAPE TO REEL 93-32 SInE 2
Kubby/ There will always be through tmllle.
Gibson/ Well. yes. As we cross the street we will be doing a half a
segment at a time. We would maintain the through traffic to
the cast. Not both directions but to the east. And of course
people can go msi to gel on around it. To circle around on
Grand Ave.
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Kuhhy.' And il \vill be very short periods of lime when individual
property owners will-
(;ibsoni Right. And we will coordinate those very specifically with
them as to the timing of that work as well.
Kubby/ The agreement starls April 1. two days from now. So, my
concern about the liming of not iOcation. J am sure that you are
not going to begin tearing things up 1\prillst but I don't knoll'
how soon after that you will and that somcone gets notified on
Wednesday lhat things will be torn up on rriday, that is not
necessarily-
Gibson/ We got a block of work to do on the north side. We will be
working west to east. Working from Riverside Drive up so we
have gotlo go a couple of blocks. We wm be blocking Riverside
Drive before we block Melrose Avenue with this. This is a
major project.
Kubby/ That notilkation is in as l~lr advance as possible so that
people feel that they are a parl of the process and they have
gollen good information as soon as it is available.
Gibson/ We wm go to work tomorrow 0 the notification process if we
have your appnmll tonight.
1~1J'Son/ Dick, when you are working down there on Riverside Drive
wm you put a sign IIp that says this is not parl of a diagonal
project,
Gibson/ We are going to be about three blocks south, (think, of the
Burlington Street intersection. I doubt if anyone will make that
conneclion. Might infer something else form it.
Nov/ Do you have any idea now when the ramp will be started.
Gibson/ No. We do not knoll' that now. We have, As I mentioned to
YOll at the first of ~Iarch, we have some serious problems to
sort through in terms of the scope and scale of that project and
it has not been done. We are working on it but it has not been
finished and who knows when that will break loose and we will
be back in the public arena with that one if and when it does.
We are deliberately pursuing that project. You should
understand that.
Kubby/ 1\s an individual council member, no malleI' what t he scope
of the project is, I would very much prefer not to have an
access on to ~Ielrose and like to see other alternatives be
emphasized.
I.arson/ This project is all at your expense.
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Gibson! I think we would be interestl'l1 in seeing the city (onsider
some participation at some point. So I am not going to say yes
to close out that conselvation because [think the business
manager will be wanting to take that up with the city. We are
providing though lImt segment a storm sewer where none has
even been present bef'ore. That always has been surl~1Ce
drainage through there. And I think that the plans in terms of
widening that street did involve picking up that storm water
and storm sewer system and indeed this is being sized to
accommodate that. But there is no obligation on the parl of' the
city associated with this action certainly to pick up a piece of'
that.
Larsonl Maybe we can give you a break on your sewer rate.
Gibson/ Thank you.
Hol"Ow/ No.
r~1rson/ Maybe not.
HOl'Owl Thanks, Dick.
Courtney/ I am sure your husiness manager and our I1nance director
can have a good conversation on this.
Kubby / Do not yield to temptation.
Courtney/ Any f'urther discussion on this item.
Hall call-
The resolution is adopted.
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Agenda
Iowa City City Council
March 30, 1993
Page 12
ITEM NO. 15 - CONSIDER A RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE
'13. ~3 HELD ON MAY 16, 1993.
Comment: This resolution authorizes the Police Department to auction recovered
bicycles which the Department has not been able to return to the rightfui owners.
The Police Department generally has one or two such auctions per year. This Is
an on-going process,
Action:
/J1c~J ~
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ITEM NO. 16. CONSIDER A RESOLUTION CERTIFYING UNPAID WATER, SEWER, AND SOLID
WASTE CHARGES TO THE COUNTY FOR COLLECTION IN THE SAME MANNER
AS A PROPERTY TAX.
Comment: This resolution authorizes the filing of a lien against properties for
delinquent water, sewer, and/or solid waste services. On March 1, 1993,
certified ietters were mailed to each property owner listed In Exhibit A notifying
them of the date for the. Council's consideration of the resolution. After the
resolution Is moved for adoption, property owners should be permitted to be heard
concerning the unpaid charges.
Action:
~J'n~
/
~L
ITEM NO. 17 - CONSiDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
q3 -? 5 GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION
DEPARTMENT.
Comment: Currently, the Government Buildings Division employs two full.tlme
maintenance workers and one half.tlme maintenance worker. An additional half.
time maintenance worker (MWI, pay grade 1) has been approved In the FY94
budget. In order to keep up with the workload of an expanded Civic Center and
various remodeling projects, it Is proposed that this position be added now,
Instead of waiting until July 1, 1993. The FY93 budget impact will be no more
than $2,300.
Action: tk-..o / )'l1. c..])
I
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Agenda
Iowa City City Council
March 30, 1993
Page 13
ITEM NO. 1B - CONSIDER AN ORDINANCE AMENDING CHAPTER 23, ENTITLE 'MOTOR
'j 3. 5?b'i VEHICLES AND TRAFFIC. OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, TO REVISE AND CLARiFY THE DEFINITION OF COMMERCIAL
VEHICLE. (PASSED AND ADOPTED)
Comment: The City Traffic Engineer and the Supervisor of Parking, upon review
of the present use of areas in the Central Business District identified as
Commercial Loading Zones, recommended the definition of 'commercial vehicle'
be amended to ciarify the type of sign age required of commercial vehicles and the
appropriate usage of the zones. The zones continue to be used by non-commercial
vehicles for short.term parking. This contributes to the congestion of the District
when bona fide commercial vehicles double. park to make deliveries because all
loading zones are filled. After an appropriate periOd of time, parking enforcement
officers will ticket any vehicle parked in a commercial loading zone which does
not fully meet the definition of a 'commercial vehicle.'
Action: I-kw/ Y\e',,~PJJ
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ITEM NO. 19. ADJOURNMENT.
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City of Iowa City
MEMORANDUM
DATE: March 26, 1993
TO:'City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
March 29, 1993
6:30 - 8:00 P.M.
6:30 P.M.
7:00 P.M.
7:10 P.M.
7:25 P.M.
7:45 P.M.
Monday
City Council Work Session - Council Chambers
- Review zoning matters
- Affordable Housing Project - Sale of I Street house
- ISTEA (Intermodal Surface Transportation Efficiency
Act - Formerly FAUS)
- Pedestrian 8ridge, Highway 6
Council agenda, Council time, Council committee reports
March 30, 1993 Tuesday
7:30 P.M. - Re9ular Council Meetin9 - Council Chambers
April 12, 1993
6:30 - 8:30 P.M.
. Monday
City Council Work Session - Council Chambers
Agenda pending
April 13, 1993 Tuesday
7:30 P.M. - Re9ular Council Meetin9 - Council Chambers
April 19, 1993
4:00 P.M.
Monday
- Meeting with Johnson County Board of Supervisors _
County Administration Building
April 20, 1993
5:30 - 7:30 P.M.
Tuesday
City Council Work Session - Council Chambers
Capital Projects
PENDING LIST
Appointments to the Historic Preservation Commission and Mayor's Youth
Employment Board. April 13, 1993
Appointments to the Riverfront and Natural Areas Commission and Broadband
Telecommunications Commission. April 27, 1993
Appointments to the Parks and Recreation Commission, Riverfront and
Natural Areas CommisSion, and Board of Library Trustees. May II, 1993