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HomeMy WebLinkAbout1993-11-09 Agenda ~- ~ ..,.". - 1,'1 ,L: :!,' ( I, . ) ,;. , !. \" ----'~- , ..,- . " )': r ,i ~ f; ~ " ~ f'l ! I " ~ ~ II I i " ~ ~ b .. M I J i I I I ., ! '. /I '1 ~';l"'~'- -- ~~-~.--;. -~.... ~ --1- ...- ~I _~.~.. I ' . I ,'/. I ',,-I' 17't-'" . , .I. -, j . I '~,~, " ~ .:: '_', l,_. .' / t{ , . , . ',', . ~........ ;i I' f " IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF NOVEMBER 9,1993 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON -. .~- '~",.i.:,:',,;~:; ;,:':"" .:- ;~~-~"""""'. (,l,.... .,;,_ :.""........H_._.___ -....._.w_,._"..<.".".. ..........qC_....,",..'.,.. .......'.....,'......."..-... " ...tLbd , I , I i , , , I I . , ; ! i , j j I 1 J '1 i 1 , ~ ! { 1 J I. . .I j 'I I !j !, 1 ;i I} 'I j .' ::r i;' ;1 f't ,:; d ',' -v " d. ~ , I U 1 !~f I [ i ~ I q " 'j , t. r ~; ~:i f'; "$ t-:; (.} !.': '. [i i:~ 1'( l,l I!. ,I{ ,~ :~ I "1 .:1 r,:; .\ i1: rJ. ~ ,I ;,1 :1 ?;:' , " f. ;~ "! q "j , , i,L, :'f '\: " .:, I I I I i I I . ! 'I l. ,('I '" 'i I. I ! ',I I, . F I,' 1 'I" 'I -. It . I: It . 'Ii': Ii' ;IW . ""':'i1'"-', . ~".'.IL .:,.: ~..:: . , . . ..j' ......:.i/i' .., '1 ;'.I,L.. ": ,';",1::;\,(:'::" . . ,.,;' ~ '; , :, , ,. " I I, , / ; ", " --'-'---- ...,." . I I ~ I " " l~ \',:\.,,..-. - - "IEl--:, --- .........-....... ~.... ~ -, --'...... --- ~ 't-. "', :,1 '~i.-I' .(', /j', " ' / /), \'- ,( - ----- -~ " " I, ~ , f I ~~ ~ ~ i '1 Y I I i ! ! I I IIdt-;UI./ tW&~ )luiu( ~ ~ 1111-&><./ I/h~JMJ ?1r;t101UMJ .k~ AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING. NOVEMBER 9,1993 7:30 P.M. COUNCIL CHAMBERS ITEM NO.1. CALL TO ORDER. ROLL CALL. ITEM NO.2. MAYOR'S PROCLAMATION. a. Operating Room Nurse Day - November 14, 1993. ITEM NO.3- CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Consider approval of Official Council actions of the regular meeting of October 26, 1993, as pUblishad, subject to corrections, as recom- mended by the City Clerk. b. Minutes of Boards and Commissions. (1) Human Rights Commission meeting of Octobar 25, 1993. (2) Planning and Zoning Commission meeting of October 21, 1993. (3) Committee on Community Needs meeting of August 4, 1993. (4) Committee on Community Needs meijting of September 22, 1993. (5) Committee on Community Needs meeting of October 27,199. (6) Board of Adjustment meeting of October 20, 1993. c. Permit Motions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor Lic~nse for Ground Round, Inc., dba The Ground Round, 830 S. Riverside Dr. (Renewal) (2) Consider a motion approving a Special Class "C" Liquor LIcense for Pagl1ai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. (Renewal) (3) ConsIder a motion approving a Class "E" Beer Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. (Renewal) (4) Consider a mOllon apprOVing a Class "B" Beer Permit for Clean L1vln', Inc., dba DUds n' Suds, 5 Sturgis Dr., (Renewal) , "-~~""'''~'. ...'n_ ~ , . '.. ~...... ._,...._'. --....-- " i i , , 'i , i " , . , , \ 1 , " , ! i , .'~ , { i ~J i j " :I F " , I " " ,', ,j ;~ ,j I i " ~ ,j g ~( .! ,j j " , " ,:, " ,~. ;i ! :J ;"; " 1 ~. I :,' , " j ~ ;: , i " ~ i ~' ~ Ji t I \ i I , I ~ . . I i I I ~ I I I , I , i i , ;] Ii! II II .' II: 'Ii ft' , J Ii - 'I II'. ' .~ , I[ : II , h I. !.'f 'I "i ,. . i; .:/' r , I I '~'" .,I..:',L :.::,,:f.: ," 1,.... -, I, .' I' I i i :', ' 'I {' ,,-,' ::[, , .,' , I ,t;... I" , ~ , " , I . \ ' , I" ' , - ': '," ,;,\ J." ..., "1 '- - -~.......:.~._-- -- , 1 r. I Agende Iowa City City Cou'ncil Regular Council Meeting November 9, 1993 Page 2 d. Motions. (1) CONSIDER A MOTION APPROVING AN ANNUALAFFORDABILlTY ADJUSTMENT IN THE PAYMENT STANDARDS SCHEDULE FOR THE SECTION 8 EXISTING HOUSING VOUCHER PROGRAM OF THE IOWA CITY HOUSING AUTHORITY. r I Comment: The Department of Housing and Urban Development (HUD) allows adjustments in the payment standards for the Housing Voucher on en annual basis. The recommended sten- dards are: One Bedroom $408 Two Bedroom 461 Three Bedroom 568 Four Bedroom 678 Information memo is attached. The staff recommends this payment standard schedule. e. Resolutions. 15.Z\l'6 (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREE. MENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 755 OAKLAND AVENUE, IOWA CITY, IOWA. Comment: The City's Housing Rehabilitation Office was contact. ed by Hills Bank and Trust Company requesting the City approve a subordination agreement for the Owner of the property located at 755 Oakland Avenue, Iowa City, Iowa. In October of 1988 the owner received $11.000.00 in the form of a 15.year. no-interest loan and $11,000.00 in the form of a life lien through the City's Housing Rehabilitation Program. The two City liens are currently in first position. Hills Bank and Trust Company is about to loan the owner $50.000.00 as a first mortgage and has me de a request that the City subordinate their liens to them. The property was appraised at $100.000.00 so there is adequate equity to support the City's liens in a second position. ( 1''''''-- . '--'~'-"~'i'.;".."..',...",;..,..,*,~_~..- '-"-""'--""'" " . -' ~ " '\ . tf ,,1' -~--" .--- " , ! i ii " ; , , , l, ! ! I ! ' 1 : 'J i' / , { I i'1 ; I I, ~ ' I; ~ ! Ii . , 1 ! j '. , / j " J , ; , ! i "[ j i :t ~ I j j ; I .t 1 l I " 'I ' ;1 ! l ',' { i \ J 'J l Ii 'I :1 f, ~i ,) ! i I' e i ,j i " " / I I I I I : I ! !- I I, fl ii! Iii II II " I' ',) 'I' 'I ' 'I'L I" 'I I, , Ii : '1\ 1'1- "i,; , /,-, i IT, \ f.? I .)1 ,I I,. ' ,,"1 /' '.U ' 'j' I .. /2), < ',^ ,,', " " ' I I' fIJ r . '. .' :. "- '-~., / I~ "- " 1 .!. -'--.---. -." '-- -_......... Agenda Iowa City City Council Ragular Council Meeting November 9, 1993 Page 3 . : I , '13 .2q~ I ; (2) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF , ! CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC. I ! , 9033E. PROJECT NO. IA05.E022-G20. J I Comment: The Annual Contributions Contract covering the 502 I units of Section 8 EXisting Housing certificates has a termination i date of June 30, 1993 for Project Number IA05.E022.006. HUD I has offered to renew the project to June 30, 1998. Project Number IA02.E022.020 will replace the expired project and, therefore, does not represent any new Certificates for the ; , I, program, but is intended to maintain the number of units in the i! , , , program at tha current level. This extension is essential to the " , I ! continued operation of the Assisted Housing Programs now i , I : administerad by tha Iowa City Housing Authority. The maximum II! , !! Annual Contribution amount will be $2,447,982.00. '13. 2.'io (3) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF Iii IF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTtCT KC- I~ " , \ 9033V. PROJECT NO.IA05-V022.015. " ! 'Ii':- I" ,I l~ ~ Comment: The Annual Contributions Contract covering the 246 ! i I; I units of Saction 8 Existing Housing Vouchers has a termination II : 0 " " 0' date of April 30, 1993. for Project Numbers IA05,V022.002 and :i I, ~ i' 007. HUD has offered to renew the projects to April 30, 1998. , :,. , Project Number IA05,V022.015 will replace the expired projects :; j , !i and, therefore, does not represent any new vouchers for the ,0 r 1 program, but is intended to maintain the number of units in the r program at the current level. This extension is essential to the I:!' , ~ L .. continued operation of the Assisted Housing Programs adminls. ," " tered by the Iowa City Housing Authority. The meximum Annual 'I t I Contract Authority amount will be $1,238,711. :~ '~ ~3. 2.'1' (4) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF } ; AMENDATORY AGREEMENT #7 TO ANNUAL CONTRIBUTIONS , , . I , CONTRACT BETWEEN THE CITY AND THE FE,OERAL GOVERN- , ;J MENT RELATING TO FUNDS FOR PUBLIC HOUSING. Comment: The City of Iowa City (Local Authority) executed an Annual Contributions Contract KCC9166 datad October 18, 1985. This documant consolidated tha three Public Housing Projects into one Annual Contributions Contract. The Consolidat. ed Annual Contributions Contract is being amendad to provide davelopment grant assistance in the amount of $1,677,183. This reprasents the total grant award for the acquisition of twanty Public Housing units. " I 0, I i ! " . ! 1.\....- ~._..,,-...... ",-... " i-,' " J I 'I ' j: , '1,1 ',.U 'I-I",P" " . , '. I' " V ' 1\ . " ,,' ~,' . \'.., . ,~: '., ," _ ' . . / /,-"\ J'- 1 ,I \' -"'-'--- --'-"'_4. Agenda Iowa City City Council Regular Council Meeting November 9, 1993 i Page 4 , r . q3. Zqz.. (5) CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF I CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Ke. I 9033, SECTION 8 RENTAL VOUCHER PROGRAM, PROJECT NO. t \ I , IA05-V022-016. i Comment: This contract provides for 25 new Section 8 Rental , I I Vouchers, 20 one-bedroom and 5 two-bedroom units. The i, Consolidated Annual Contributions Contract KC9033 covers all 276 units of Section 8 Rental Vouchers. This contract represents i an increase of $127,390 in the Annual Contract Authority to f $1,366,101. The award carries a maximum increased Budget I Authority of $636,950 over the next five years. ! , I q3 -le;::. (6) CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF i' ! ! CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC. ,I, ,I II I Ii 9033, SECTION 8 RENTAL CERTIFICATE PROGRAM, PROJECT I i ! , NO.IA05-E022-019. i II ,\: I, ': Comment: This contract provides for 25 new Section 8 Rental I! , I Certificates, 20 one-bedroom and 5 two-bedroom units. The . i ,ii I Consolidated Annual Contributions Contract KC9033 covers all jl. H 'l " 527 units of Section 8 Rental Certificates. This contract repre- " r, I. I sents an increase of $127,390 in the Annual Contract Authority , , to $2,575,372. The award carries a maximum increased Budget , !j' Authority of $636,950 over the next five years. '.' :1 1/3 - 2.q.f l. (7) CONSIDER RESOLUTION ACCEPTING THE WORK FOR THE ~i " SANITARY SEWER, STORM SEWER, WATER MAIN, TILE LINE , I " AND PAVING IMPROVEMENTS FOR LOTS 1.14 & 24, VILLAGE '1 ; , I '" 1 GREEN, PART XII. l I , ~ j .: {I.', ; Comment: See Engineer's Report. , f q3 - Z.Q5 (8) CONSIDER RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING I " IMPROVEMENTS FOR MT. PROSPECT PART VI. ,- '! ,~ ! Comment: See Engineer's Report. f. Correspondence. "; j ; (1) Letter from Marvin and Shirley Streb regarding amending the ! ordinance which requires paved driveways abutting gravel alleys. I I (2) Letter from Lori Bears regarding the use of lifts in the trensit bus.s. (3) Petition signed by 22 residents regerding weter dreinege problems I in the Felrview/College Court aree. I I " !: I .,..._w. '.....~~:.,., '" ,..... . """'.-' "-,, .",'"...... " ,': " .: I. : " ' \'1' " -:-...........'fII/IItI//If'".. ~ ~~---....~ -....--~~.'.......----- ~..-... ---, '1f""'-"~- , " " " " '-, f-t ' , ,'. ',',' '/ LI '~, 1 " ,,", ,', I 'I' '~ ' " , I:' _:,,_ .',,', ~.': ~" . / /\ ,/ } .. ".,' , , , . <:::_.---.. - -. Agenda Iowa City City Council Regular Council Meeting November 9, 1993 Page 5 (4) Memoranda from the Traffic Engineer regarding: (a) Loading zone on the south side of the 10 block of West Jefferson St. (b) Parking prohibition on the south and west sides of Morningside Drive from its intersection with 7th Avenue to ) , " College Street. (5 ,4.&.. a.Jd)Ji:av g. Applications for Use of City Streets and Public Grounds. (1) Application from West High School for the use of the sidewalk at the corner of Clinton and Washington Streets for a candle vigil on October 25, 1993. (approved) h. Applications for City Plaza Use Permits. (1) Application from the Assembly of Baha'is of Iowa City for permission to set up a table on October 22 and 23, 1993, for the purpose of distributing free literature. (approved) (2) Application from the Socialist Worker Party for permission to set up a table on October 30, 1993, for the purpose of distributing campaign literature. (3) Application from Stephen D. Goff, Astronomy Club, for permis- sion to set up telescopes on October 2S, 1993. (approved) /bw; / n ~ (l_~'{LVr 1,/cJ I '- ~ I f' R Q ,~ (l1)(J ) .Ie) f4UJ:bJ r;/;.u END OF C~NSENT CALENDAR 4e.rv ~ ITEM NO.4- PLANNING AND ZONING MATTERS. e. Consider setting a public hearing for November 23, 1993, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 7.S6 acre tract of land loceted et 2312 Muscatine Avanue (Towncrest Mobile Home Court) from RFSH, Factory Built Housing Residential, to CC-2, Community Commercial. iREZ93.00 1 0) ,I: I , I Comment: In a letter dated October 2S, 1993, the applicent requested expedited consideration of this item. The Planning & Zoning Commis- sion continued discussion of this item to November 4, 1993. The Commission's recommendation mey be aveilable et the November 9, 1993, City Council meeting. Action: 771 ~ 7) / }1, 1Jl/~/u ! ' " I . ;.,...__~' . '-~""h""'""""_;_;_,,,_,,;,~",_""_'''';~'' ,_,_. .._,'" "".. . I, " \',1 " ...t11 -'"'''''''''' . I , I ! I: I' I: " I I Ii ,II 1,1 II, 'jj' Il Ii 1'~ I,' f: , ! I 'I j ~ , l ~ 1 ,j '" J 1 '~ " j 'I I :i :~ ~ 'I " , i I ,l ~ 'i '~ 'I 1 ~ ': I \i'- ii , I I I" i I, " :1 I /" f "'I', I.'. " )',' I' II " I I i " "'::.,... 'fI/IIIII/f"""" ---- ~"1-----...-, ~-- '-e., -'.. If---- --------......,- ~- ... , ' , - :; . :/ I" -, 'Ll ''-1 ' :1 l ' ' " ,',' ' . ,.. ' \ ' 'l' "'" ,';. _. . ", -', ' . " / /''1 ~, , ..._~.-.--- \, #3 page 1 Courtney/Moved and seconded (Horow/Nov) to adopt the consent calendar as amended. I would like to pull for separate consideration Item f (4) (b). Any discussion on the rest of the Items? Rollcall. The Consent Calendar Is adopted. The Item pulled for separate consideration Is the memo from the Traffic Engineer regarding parking prohibition on the south and west sides of Mornlngslde Drive from It's Intersection of Seventh Avenue to College Street. This Item, I think, Is a follow up of what we had seen earlier In the year on the parking problems that are surrounding City High and I think It Is as I predicted that we are going to see more and more requests like this come In and at the same time that we are putting more restrictions on the parking by newspaper accounts anyway the city Is stopping the or discouraging the schools from doing anything to even temporarily alleviate It. Did you get some Investigation done on that, Steve? Atkins/ Now which Issue? Courtney/ On these response to the schools. Atkins/ Schools had proposed the construction of a gravel parking lot. Most of you are familiar with the Issue. Upon research by the Department of Housing Inspection Services, that would have been a violation of one or a number of our codes. The schools spoke with staff about that particular Issue, and were advised of the regulations. Evidently, It went a little further and was discussed at a school board meeting about this possibility of us enjoining them or stopping them. The way I understand It was explained to the school officials was that If they were to choose to proceed with the work without our permission, and apparently we do have the authority to regulate, that we would file an Infraction, and enforcement action against them. Normally that Is sufficient to have the work stopped. If they were to continue to pursue the work contrary to the filing of the enforcement action, then some sort of an Injunction or court action would have to be undertaken to stop It. And then It just becomes a matter of a judge deciding. But to the best of my knowledge, we do have the authority to regulate that type of development. Does that summarize It pretty well7 Gentry/ We have the authority, but you don't have to exercise It. j" : I ! I jd I Ii Iii I ~ : 1 :' { I 'j' 'il'- , 1,1 ;:; I "ri Ii '; :1 I I , Ii. , j, , , , I :i " I> . ~. I;....~-. """,..' I , ' ,~ i " i I 'I \\,; " lIfIIIIlf"". _ --~~ --....., ""W\-- q" ;'...... -- - -- ~"'-... - -.... , , 'I . ' . '. '.' :/ 1-' ,Li '- ,:<-1 ,':1; , ' " ' , , ' 'I'" , ' , . ':' ',.. ", ~". '~: . " / / IV! , . -""'-- #3 page 2 Horow/ls this something that you and the superintendent have discussed? Atkins/ No. Horow /In terms of abJllty of goJng that far? Atkins/ No. Courtney/ Well, I Just recalled an instance over where the new Eye Clinic's being built right now where University Hospital chose to put in a gravel parking lot for a couple of years I think. And the city did nothing to try to stop that one. And I thought there was a bit of inconsistency there in what the reports were. Atkins/I've always understood and Linda will have to correct me, I've always understood the University has no obligation to abide by any of our ordinances. None. And they are free to do as they see fit. Courtney/ And yet the schools do. Gentry/ It's not quite that simple. In terms of health and welfare and safety, I think there's a, we've done research that indicates that we can enforce a noise ordinance against the University. We've never chosen to do that because I think there are people now over there we can work with. In terms of the most recent Iowa Supreme Court cases, a court would look at what benefit we would derive from enforcing our zoning ordinance and prohibiting the parking area vs. the school's interest in getting a safe place for their students to park. It would be a balancing test. And how that would come out, I don't know. But we can enforce health and welfare safety concerns agalnst the school ordinarily you can't enforce the zoning ordinance against the school or another sovereignty if for example you tried to rezone It to something other than public. You don't have that authority. That's clear. But you do have certain authority and there's no clear cut answer on it. And whether you want to pursue exercising that authority is certainly up to you. Horow/ I would certainly like to explore working with the school board In terms of any other tools that the city has, in this instance even the buses. Whether there is some other way and I say that knowing that there's going to be a hue and cry from kids about buses. But If there is any other way of inhibiting the increased number of cars that would be parked there. Courtney/I think this comes down somewhere to a fairness Issue too from the school's administration perspective that part of the problem is not only the construction that is taking place over :':".....,~ . ...-..........,. . ..... -.--'-. --.- I I I I I i I , i l'li " II! II ii' !l: i! :: \: - . Ii '/111,1' i.! f,: 'I I , '1" j II I" I' 1-', . : I ,/ ,~:_ , , , , r: Ii , , , - . i; .:1 i " , " , L) \.t ~ , ' " '. ( , - - . ~ :1 I'Ll · "<...1 ' - ;1.;.[ :' " ' , l ~, \ ' " : ~. ':, ~ I ",' _'. '"_.' , . > , /// //" ,I, .~. , , "- '--~---._-- -- #3 page 3 there that has limited some parking, but another Issue Is that the staff has risen up through there negotiating power and their contract and Insisted that they get the parking that they are due under their contract. And so who's forced out but the students. Throg/ I'd like to ask a question about a question this. What's been the growth in the number of cars per student at the University over the past 7-10 years? I have no Idea. Atkins/ You said University. Did you mean school district. Throg/ High school. Atkins/ I honestly don't know. And the reason that I don't know Is I assumed it was a problem for the school district and not for us to solve and I have really not devoted much time to doing it. Courtney/ Well, it hasn't been a problem until the construction came up where they are literally wiping out several of the parking spaces and they have excluded the freshman from driving. They don't give them permits but they go ahead and park on the streets If they are old enough. Most of them aren't old enough. And the sophomores, a few of them are old enough and then they are competing for the spots on the streets and we earlier had several streets to the just to the north of City High that applied for parking prohibition and we granted those. Now we are seeing one to the west of City High and there are many cases where the students really have no choice but to drive and it Is-now I see we had another editorial from the local newspaper tonight stating a position on this and again I think it comes from a lack of knowledge and understanding of the local children and students needs and wants. The position they took on it with all the extra curricular activities that happen It Is just no feasible or economically practical for that to happen. For the schools to have buses available at all times to take them back and forth from activities. I really wish the editorial board would do a little bit more Investigation on what the needs and wants are of the kids In the school system. That Is an editorial comment on my part. Horow/ I have to agree with you slightly on that. But I also have picked up that there Is certainly a lot more want of the use of cars than there Is need. A lot of these cars are there for the kids who go out on flexible time and go out to lunch. Yes there are a great number that are for employment but In some cases i: I ,i Ii ii I' ,I 11 l ;1 - :\ . , : I.~ : 1\ - . r I, .!: I I II , II , !I: i i i ! ~ ' " i I Ii Ii, , , i 1 I 1 j - j 'I' I I I " ,." "I, " ,I , , i ! : , ' , j...: "...-.- ,I " , I i' I: '" ' .; ~-......._-'"., .."'.. -... '- . ,". ., .. ' . / , I ~ .,..-' :, I \' ~ . -- (. . , .,'..' , . , " :,,' :1 '/ LI ',,'<--/- I'I" " ' ',' , " " -',' , ~ ',~ M ',',' : _.' ,: ,', "M . . '''. / I ' //1 ,{. . , --- #3 page 4 you have two cars from the same family. Each child at City High has a car. Now that Is not the predominant number. Courtney/Part of that comes from what has happened within our housing. There has been so much move out Into the fringe areas that the kids need to-I know a couple of cases Just like what you are talking about. That they both have cars there. Two children from the same family with different extra curricular activities and both parents working. It Is Just something that they have been forced Into by their family situations and their choices for extracurricular activities. Horow/ Here Is another situation. It seems to me that two governing boards, the board of education and the city council should be able to sit down and understand each other's perspectives and come up with some sort of a solution and I think It will have to come certainly with Input from the students but ultimately from the decision makers because at some point the students are going to say why not a ramp. And how the tax payers are going to pay for that Is something else. Nov/ I am sorry. I don't think that Is ever going to be the solution. Did you read this McCullen letter that was-we have to put this one into the agenda also. I will give you my copy. But their claim, and these are people who live on Mornlngslde, Is that the Ids are not only parking In their neighborhood but they are breaking the law In their neighborhood. The kids who are drinking and vandalizing the neighborhood are not the kids who are going to park on school property. There will be some kind of problem with street parking no matter how big the parking lot at City High will become. Courtney/ Well, we will go ahead. I am not going to belabor this thing all night. My position remains the same that we are Just not being fair to the students here and we are going to Just continue to push them on out. US making that decision without the school com',ng up with anything on the other side and I Just don't think It Is fair. Horow/ You are leaving me with a new win situation because until we get together with the school board to work It out and forge some sort of an agreement we are Just going to keep accusing each other of not dealing with the Issue. Courtney/ Not as long as we keep approving these parking prohibitions. , I I i I I I I I ,- , , ", I Iii ~ Ii 'II ,I , IF I,,:, I"~ .j i i'~ l 'i!:-, f; '\ ", il Ij \11', Ii 11 j r I, ,I' ' I ~ ' J " '/ ( , :1 i,'i .;.;..',...-- ....... """"--- ""lIII1 -----....'. "'9\ --- ~ .; " ......,. ...........-.- ---. -"'"If"" ... "\-- .. - ~. 1..... .. .~ i , , :;';: :::'1' ,:~I ,'1/." S ,,',. ' ' ',,' , / /" '\ , ], " , -- -, ' -..~--------.., " , ---...--. #3 page 5 Kubby/ They are all saying that we are not doing anything either. We are just pushing it further. That is what I here. Courtney/We need to quit approving these things so that the students then go the schooi board and have some meaningfui discussions rather than the neighbors forclng It all onto us for a decision. Horow/ Karen, the business about moving it out. From what I have been picking up is that the students will not even park in the parking area for the football area. They don't want to park that far away. SO it seems to me the more prohibitions we put on the sooner you are going to get the students to go to the schooi board. Courtney/ That Is just not true. The footbali practices and the basketbali practices, all of them, the kids park in the parking iot right in front of the gym for all of the practices. Horow/ While they are practicing but not during the day. Courtney/ That Is because there is no place to park during the day. The staff has forced them out. Horow/ This has been raised at PSTO and the answer has been that the kids do not want to park in the area and walk that far from the football area. Courtney/ Okay. Kubby/ John, do you believe if we do this we will be pushing this out further to another neighborhood, the parking problem. McD/ Probably but-I mean it has got to be addressed. We know what happened the last time. When was it, a month ago that we dealt with this. It is going to continue to come in front of you until some type of solution Is found. Nov/ If we push it far enough, the kids who are driving just for the purpose of going out to lunch somewhere will no longer have the time to do It. If they have walked ten minutes to get to the car and then they have to drive somewhere to eat lunch and then have to come back, they just won't do it. They will leave the car at home. Kubby / No matter whIch way the vote goes down on this that we could Initiate even informal discussions with school board members. If as council as a whole doesn't want to do it, individual council members can discuss thIs informally with other board members. PIgott/ I think It Is a good idea to do that. : i , i i' , i I; " II Ii: I 'I II' ;, ' I; I: .; Iii -," I n ' i I'~' i.1 ;' I:' i I: I .~;; , ',I "1" I'" I I "I J /-', ;" :/ " '_ 1l:ls1--1:::,. 1 i- . "\ ","'1 I :1 ! , >t", ' . -\ <:, :'/1' "I ' . i , .'i ","./.. , \. !I.jl \.. ~ " ,>,. I :~~~_... ..- '1 ....~~ ~: ",.. ' . t" :; " :" r ,.~t;...1 'i r, hi, ,.' , , .. / lJ, \. .... ":--'.--'-- -. - - --:::::...----. --....., , " #3 page 6 Kubby/ I think the point about talking with the students themselves with them coming up with solutions Is probably going to be the most effective way to know what the real options are for the polley makers. So for me, getting In touch with them and not Just the In crowd at City High but everybody who drives. There is a lot of different kinds of crowds of people at City High who are driving. You got to get in touch with various groups. Courtney/ I didn't feel llke we had good representation with the students last time. Nov/ We also have to get in touch with the school board. We are not talklng- Courtney/ Could we have a motion to approve this item. It has been moved and seconded (Horow/Nov). Any further discussion. Allin favor (Courtney-no). > '-._.~~_......"~...,,..,,~. ..: i. ... '."_.~, "'__.'._" ...y.,._....., "--"-""u,. .."'".......,,......,'. .... ': ,\ '".".: .-.,.....,."... .~~~..,,_.. ,.1.".,;. " - --..-.--.. , ! i ! I , , i i ! , I i I ! , 1 I i, I i I I , , .-j , I i I , i I i I, , I ! ,. I" , ..1 I i: . \:1 ., i i' 'I III. , I , II I(. II:' , I , ' .. .' ~,' :'.. ' , ,,: (" ,Ii , . I" , I'" ), , I "~ 'llll/llf"fr' , j' , , ~.. , '"I' - ~",,'---...-. . I ~ (r,)t.,..~'_- ~- ~ ';' ....... -- ~ -- -~" .... -~- "ff ~ ~ -. " ' ocr , ' : :>, :'/ I, H, '\-/, ,~~t, ::' , ' . " .. I / .:'-\ , J. '-. .~: --- - -~-, .....e.______ '- Agenda Iowa City City Council Regular Council Meating November 9, 1993 Page 6 b, Consider setting a public hearing for November 23, 1993, on an ordinance amending the Zoning Ordinance by changing the requirements for hard-surfaced driveways that are accessed via an unpaved alley, Comment: On October 21, 1993, the Planning end Zoning Commission, by a vote of 5-0, recommended approval of amendments, as proposed by staff, to Zoning Ordinance Sections 36-58, Off-Street Parking Requirements, and 36-4, Definitions, changing the requirements for hard-surfaced driveways that ar,e accessed via an unpaved alley. dt) / ) (J.m,,)u I , Action: aH aLd&J c. Public hearing on an ordinance to vacate a 395 square foot portion of the Lafayette Street and Maiden Lane rights-of-way located east of Gilbert Street and south of development located at 702 S. Gilbert Street. (VAC93-0003) Comment: At its October 7, 1993, meeting, by a vote of 4-0, the Planning and Zoning Commission recommended that a 395 square foot portion of the Maiden Lane and Lafayette Street rights-of-way located east of Gilbert Street and south of development at 702 S. Gilbert be vacated. The Commission's recommendation is consistent with the staff recommendation included in a staff report dated October 7, 1993. Action: '^.e (noL() a.~n~ d. Consider an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 1.2 acre tract of land located at 605 and 617 Kirkwood Avenue from CC-2, Community Commercial, and RS-5, Low Density Single-Family Residential, to CO-I ~ Commercial Office (Second consideration) (REZ93-0009) (Jf.~~ / Comment: At its September 16, 1993, meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of an amendment to the Zoning Ordinance by changing the use regulations for property located at 605 and 617 Kirkwood Avenue from CC-2 and RS.5 to CO-I, subject to: 1) the existing curb cut at 617 Kirkwood Avenue being closed at the applicant's expense: and 2) an access easement being estebllshed across 605 Kirkwood Avenue to provide access to 617 Kirkwood Avenue. The Commission's recommendation is Inconsis- tent with the staff recommendation included in a staff report dated July 15, 1993, and a memorandum dated September 2, 1993. Comments were received at the Council's October 12, 1993, hearing on this Item. Action: 'MY) / ~IJ jl~,f (!.. {/ (../, 7 (IAko % .. "'~'-"-'''"",,,,;~, 1',-,.', . -~-+-. "'!, I :i ,1 ~ ~I Yl q ,;1 !) Ii 'I: 'j' 'i :'; , ;~ '< I I I III :1 II II \i II I F ~ i i:li "".',:1: j:: . 1" , III , I) !. "I I ! I, \,"",1 "\. "I' , .,' ,,', I ,/ , 'I I I, " I, il.! " .,. ..... .- G Ii r ~I ~ '/: I' , i , /, ! ! I ! I ! ~ I ~ I I I -i,I-~-"--- ----~ ----..-----...,-....--.. - -- "'1------.;;.,--;--~..... qa. ...- ,~'.-:'W " "'If ~ ... 1 - ....~~~F~-..-I...---------_. ~... 1- . ...... i +, I LI ,;-,,' '/:t' " ",'.. '. ' ,/ I - " \ , '- '. :; '"',, ~ -1'- -,. . , / //'1 :\ " ---- ----.---.. '. --... ~-- Agenda Iowa City City Council Regular Council Meeting November 9, 1993 Page 7 'i , . e. Consider an ordinance amending the Zoning Ordinance by changing the use regulations of a 0.139 acre parcel located immediately south of Block 3 Braverman Center and west of Keokuk Street from ID.RM, Interim Development Multi-Femily Residential, to RM-12, Low Density Multi-Family Residential. (Second consideration) (REZ93-00 11) Comment: At its September 16, 1993, meeting, by a vote of 5.0, the Planning and Zoning Commission recommended approval of an amendment to the Zoning Ordinance by changing the use regulations for a 0.139 acre parcel, located west of Keokuk Street, from ID-RM to RM. 12. The Commission's recommendation is consistent with the staff recommendation included in the staff report dated September 16, 1993. No comments were received at the Council's October 12, 1993, hearing on this item. ; \ " i 'I , ,I Action: ~o lYl'l c fJ. I !' ~ ::1, -0 I! "if i 7/~~t~~~,~uV r C Ij , ITEM NO.5. PUBLIC DISCUSSION. -j , i ,1 :'i " :~ r -,D- ;~ , ~t ! i\i 'ii;' :i' ~\ . ,II .I, ii: ~l i '" ITEM NO.6. PUBLIC HEARING ON A PROPOSED BLOCK 62 URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. ,)! :i Ii: " ',' Commant: On May 11, 1993, the City Council adopted Resolution No. 92. 256, a resolution supporting the concept of granting a ten-year one hundred percent property tax exemption on the actual value added by the Improve. ments to the former Press-Citizen Building. Prerequisite to granting property tax exemption, the City must adopt an urban revitalization area and an urban revitalization plan. '.' ~ :\, \, :i " , ';i , i J I Action: \\(,' mLe,., c..-f-ptllll'.Al i '!, ..._~--.-, ........,('..;....-.... d'.", . " - - .~ t II i II ,: II ,I Ii! I I I , ,i j: r! i " , I: .~ " , , f Ii I> J 1" " Ii' " /,/ :1 ' " i' I' ! , " " , .,......... "'fI('''' ,:; I " ! \\;' ,I ____ --"1 ---.,., """9\-- "G. -, _.... -- - -- -...... ~." . , , " I' ., _ _ , , -, :' I ' I" ,,/. I...~ ',\., ,/ - 1(.;...," , _ " . - - - - " ~ ': ~ ': ',' _ ' .; . "'- -;.... " - . ' '. - / I~'\., ;' J >" ~" - - -.-::_._---- Agenda Iowa City City Council Regular Council Meeting November 9, 1993 Page 8 ITEM NO.7- CONSIDER AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE BLOCK 62 URBAN REVITALIZATION AREA. IFlrat consideration) Comment: See commont above. Action: J1\.c FJj Mnv /6f e 1/11 7)( ~.7) % ITEM NO.8- PUBLIC HEARING ON THE AMENDED 1993 CDBG PROGRAM BUDGET. Comment: The 1993 CDBa budget is being amended to accurately reflect the program income and carryover from FY92. Action: ~") ;/;;,) ITEM NO.9- q3. 2.% CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN AMEND- MENT TO THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBO) BUDGET. ' Comment: On October 27, 1993, the Committee on Community Needs reviewed the amended CDBa budget and recommended approval. The proposad changes to the 199'3 CDBa program and budgat are Included in the Council packet. Staff recommends approval of the amended budget subject to comments received at the public hearing. Action: 'n\ (~/ f.bw ~VL~~) % ITEM NO. 10 - ANNOUNCEMENT OF VACANCIES. a. Previously Announced Vacancies. (1) Mayor's Youth Employment Board - One vacancy for an unexpired term ending March 27, 1996. (Velma Tribble resigned.) This eppointment will be made at the November 23, 1993, meeting of the City Council. (21 Senior Center Commission - One vecancy for a three-year term ending December 31,1996, (reedvertisamentl This appointment will be made at the Dacember 7, 1993, meeting of the City Council. ,......- . . -'."'.'~""'-''';...~',it... ." ",',,,,, ,_. - "-"'. .' . 'i' LI ! I t, I;, " .. I, I' .I II .' .. - !; . ~i i . 7 I i.f ;1 t,; , (: i ".: I I I I , Ii. I, i , I , , II . . ~ . 1 ,I:. ,I,' -I,:' ", I. I: . " " i 1"__ ", ....".."" _ - -",---...:, -~-~ ;.'.....- i , , I , ' , "I' LILI /,-[ ," , "I ' ' " : ", '.. ,,:. , ,~ -~. ' , ,~!'{,,' "-'::::.-:~:.::.:.::::....--- , ~~ " -.--.-. #8 page 1 Courtney/ Open the p.h. on this Item. These are going great. Horow/ I have a question-sorry. I have a question for Marianne. Under the item #S Contingency-adjusted upward by $22,891. What do you predict happens to this. How Is this parceled out. Is this one that we hold for emergencies. Milkman/ This Is what we hold for emergencies and because we had a larger carryover than we expected. It ended up being higher. However there may be things that come up during the year so we have a cushion we can use that for. Horow/ What Is the normal contingency level that we usually keep. Milkman/ We used to keep 10% which this Is not. Lately we have been keeping 5% and that Is what I have tried for each year but usually we have gone well below that. Horow/ Thank you. Courtney/ Any other discussion. Close the p,h. , , I I 'I: I I, ! i I i ! , I , i , I I I I ! I i r i I , , .' \,~ ,I I, ' " ) .'/ I,' : '\' . I'! ',! ;'~~"--" ...-..~-~..-..."..," ."......."..,,"'~....,,""_......,.....- -.. ~., --~- '..., ....., ,- ". , .".. ~ ,..., '., ',,, ',' .eo .' , . '. -- . --, " '-- ,I , ! , ! , , , , , l, I" ! I. , , ., II .,' Iii ,'.,., '..~.,.,... 1,1'<1' ii', , Ii ;' , li-, t , '! ',; ",I), ,'.1(,' "P,';' i' '1,1 il..'rr ...,',~Ij' I :,',:: '> , , it ~',):"\' 1",1', ,1'\ "1 I " " ) 1\ ~ " ~- . ,.' , '" , ,'1 I,' ILl U I r ' , "i ',', ' ,... 'I t ~ \ , , ; . ..~ . - '. I OJ' '~'" . I I //\l. '?' .--...::---- " Agenda lowe City City Council Regular Council Meeting November 9, 1993 Page 9 ii t, .~ ! , " t, , I' r " " , 1 I ! ~ ~ I I ! I ! ~ ! I " ~ ~ , I' ':J fi 11 , ~ ,I " II ~ " ~1 Ii f' I I ITEM NO. 11 - CITY COUNCIL APPOINTMENTS. &U\ ro ']I' ~,jI t ~r;( 1:.........-. ._--~~--.....,......_"... ..-.." - a, Consider en eppointment to the Board of Adjustment for a five-year term ending January 1, 1999. (Ernest Galer's term ends.) Action: ~; .t:t, M b. Consider an appointment to the Board of Appeals for a five-year term ending December 31,1998. (Anna Buss's term ends.) Action: oM. - c1du-eJi:G liP) c. Consider an appointment to the Design Review Committee to fill an unexpired term ending July 1, 1994. (Alan Mack resigned.) Action: , 1/(/'/)) );f I :;'4 'I l'ho ,eM-;U' ~ d. Consider appointments to the Humen Rights Commission to fill three vacancies for three-year terms ending January 1, 1997. (Terms of Lu, Chia-Hsing, Alison Galstad and Ken Gatlin end.) Letters from Alison Ames Galstad, Martha Lubaroff and Eliot M. Blake are attached to the agenda. Action: rJ<t"b.t e. Consider appointments to the Parks and Recreation C mmission to fill two vacancies for four-year terms ending January 1, 1998. (Terms of Mary Weideman and John Watson end.) Letters from Bruce Maurer and Casey Cook are attached to the agenda. Action: UYJ0 "'-""'...",... "'/,1" ""._..,1 ...Ll __"U. ._~ . ! '! , : " ,'1 , :j ;i 'J .1 , , , i , I, j'II ,I I) II ; ~ i' . ii-I' , \i'-: " I' " I '), !, . '1',' i " , ,\ " ~1 I ;! ;'1 i I II " 'i ~; J 1 '; " " r\ " " " ~ :'j' 1 " ,'~ I " " 'J , ,; ;~ I i I " iL ;., I i ! I " .<1,' /'.-". i: r: ,j ri ;, it ~ \' I: , i ~ I ~ " ~ (J ~ ~ I I I ,." I I , \ 'Iii ,','I i, I I I I) "W',,';;i'----' " I I, . ~:' . , ~ . '.\' . . ~: , , \:! ,. I .'1' '/ I ' ,'t / ',;:t' , . , ' " " ,:/ "(.;...1 ~, I ~" , ',,', . , . " . I ~ _ / //\, I' ) "\,, <:::-:.:::.-.;:::.:-....... '-..----... , -..... Agenda Iowa City City Council Regular Council Meeting November 9, 1993 Page 10 ITEM NO. 12. CITY COUNCIL INFORMATION. Ar}eJ 1/;{tV ITEM NO. 13. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Managar. -6- b. City Attorney. jp;~ f~), ITEM NO. 14. RECOMMENDATIONS OF BOARDS AND COMMISSIONS. a. Consider recommendatIons of the Committee on Community Needs: (11 That the reassignment of CDBG funds for Youth Homes, Inc. be approved. Comment: This item hes been removed from the CDBG budgat, ho Council action is necessery. ' .----.-.-_.M_'."~......,.".......,. .........._.~..... . ~._,...."..._. "......"",....,',."., '.;,'",.",.... :.1 i --""'" '-.-. , i , . i , , ; , ! ,I I , j I ' i I , 1 ! ! 1 j I ~ " I \' ,~ i , n i i i ,. ,I II ~ ~ " I, ~ l II , . l 1 ! 1 ~ ~ I ~ ! I I I I , I , ...........,..",..":.,, L , I , ' ,:. . ! !I " . J; ~ I, t,<.I,I; 'ii, , j.' [i :;' d.,:, !:':. , jI ~ .' I II ' " I"; : H. '",' t '",:,'""'"'/1,',,,,.,'. . > .. ~':,;...: . ':;11'" :"1,"" j: '1",'.," \'" j;" , ;' ,':' 'i :',: i: I, ' i d I;:, \ , \" " , , , . -.' ( " -',"'~ , , I '/' I, l-l '",..1:---:---" ',' ',", , I~'" :/. II~I' --;l't "IV. " ;'. ,~- ,.',; ~ ',--' / ,>"\ .. 1 \1,- " \ . --- - -..------- .. . #12 page 1 Courtney! City Council Information. Horow! I just would like to report on a conference that I went to last week at Kirkwood Community College In Cedar Rapids on recycling and It was Interesting because the people from Iowa City who were there, there was one from Rockwell International and from the VA Hospital and a couple of others. One from Procter and Gamble, another one form a smaller firm. And It was Interesting. It was the maintenance and the housekeeping people who had Instituted most of the suggestions for those Industries as to how to save on tonnage going out of the businesses. Some of them were very simple. In the case of the VA they had to do with observation of reusing sterile packs rather than just throwing them out. Getting them resterillzed. Just asking questions. Constantly asking questions of their bosses as to why they did this and how they could do it differently and it was, for mew, It was an excellent reminder that the Chamber of Commerce needs to hear form the people who are responsible for taking care of the trash, taking care of the recycling rather than the owners of the businesses. And I would like to work, once again, with the Chamber on this rather than going at the corporate level at the top but work at the bottom up. These people were having a circus just witnessing the joy that they had. Even to such mundane things as they observed-there was one particular car manufacturing type concern where there hands were constantly dirt and they couldn't use the linen towels because they would get The slivers of the metal In the linen towels so they were trying to figure out how they could avoid a lot of paper. What they discovered was when you have a roll of paper that you jam down the little handle and get one piece of paper to dry your hands you don't waste as much paper as when you pick up a bunch of folded piece of hand towel paper. Well, you sit there and you think geez, why didn't I think of something like that. But they have done this and they have really reduced an awful lot of volume of trash. So I guess it Is almost a challenge to the owners and employees of small to middle size businesses. Just look around you, you have quite a lot of things that you could work on In terms of reducing your trash. That Is it. Thanks. Throg! I would like to make two very brief comments. First it Is a pleasure to be here. And secondly I was speaking with a l"~- ..-......._..._.... ..,,_.......__..,.._.. - - -.-'-" --.- I I , I I I i " II " Iii " " 'il I: II \,' II' I' :, " " I I, :! i' , " 1 II . ,.: I , I " I; II I' I 1": ," , , [' :; I , II I , 'I" , I I I I I, , I !" I , I :i ( " i , . ' ',,! ,', " J. I i ! . 'I~_."''''- ; , .. '~' 'I ~ '" , " " I'Ll ,L ,,,:", ",' , t ~ It.,~" '. 1 " ,. r .. I. '.. ,_ / 1,,,- " 1 J ". --~ , _. --- ---............ ! , , ! ! i I , , I I I I #12 page 2 colleague of mine at the University today and she mentioned a publication having to do with affordable housing that staff might be Interested in. Though Karin might already be familiar with it. Book by S. Mark White called Affordable Housing, published by the Planning Advisory Service, 1992. I understand it Is really quite a fine piece of work. So it might be worth looking Into. Atkins! S. Mark White. Throg! S. Mark White. Nov! I will add on to Susan's comments. I read today that ACT is not only encouraging their employees to save magazines for the magazine recycling. They are excepting any kinds of magazines the employees want to bring from home also. Interesting. Pigott! Just a short comment sort of in that vein regarding the salvage barn. Roger Qulnnup came and talked to a group of people recently and I thought it was just a wonderful place which is open Sundays from nine to one. But it is a great place to get some of the wonderful pieces of wood and other materials that have been taken out of homes that have been unfortunately torn down for any number of reasons. It is a great place to go. Horow! They also need people to sit there and take out nails. Nov! They also have furniture and those in need of furniture or those willing to get rid of old furniture are happy to be accepted there. Atkins! Bruno, the audience just corrected us. It was Saturday, not Sunday. Kubby! Are you going to talk abut your ADA memo. We had in our packets some information about the buses that we recently got that have lifts on them. That when the training is going to be and when the buses are proposed to be in operation on the streets. I know that this has been some concern for people in our community with disabilities who are waiting to get on the buses and I talked with John Lundell today and he said that what they are going to try to plan for the first week of December Is kind of an open house type thing where people-where these two buses with the lifts will be In a d.t. location, probably the Rec Center parking lot and people can come down and see what the buses are like, get on them, kind of celebrate our buses with the lifts, give the driver some chance to practice using the lift, using the security devices on .-.........--,.....,,'.. """'- , \ -.-.-....-.- I I ! , I 1 I , I , ! . 1 , ; f 1'1 i i Iii I :I ",I i' ii If ;\ ; rl . ii,': ;,r t: !j " } , i II I I " :f' , 'I I ,I I: '!" I Ii'" " : f " . " il , , I .:1....1 ... I. ',r I, ,; ",...' \'! I:...-~'- . ' I, ,,' 1"1' LI "'L/' C.:',, ' ,', ..' . ,/, "u ::.' ,.;' H' ',I " '.' ~_" .'. , / ~'/'\ , i ". :~. ---- #12 page 3 different kinds of wheel chairs. So I want to Invite people to come down to that. There should be some publicity through SEATS, through the Senior Center. I don't know how else it Is going to get out. Throgl Would you say again when that Is. Kubbyl It is going to be the early part of December. I don't know that the date has been- Nov I There Is a memo In the back of our book that gives the date. Kubbyl But it doesn't give a date for when kind of the open house Is part of that., Atklnsl We will prepare something for you. Kubby/l think it Is a real Important thing to do so that people don't have to get out to the bus barn because people In wheel chairs can't get down to the bus barn very easily but they can more easily get d.t. and It Is not just-the new buses and the accessibility Issue Is not just for people using mobility devices but there will be other things there. We are going to have amplifiers and- If people have a hard time getting up that steep step you can stand on the 11ft. it Is a way to practice being a user of the 11ft before you are actually at the bus stop. It might be just a new thing. I encourage you people to get down there. Nov II think we should mention the dates because they will be training bus drivers on the 6, 7, 8, and 9th of December and they plan to have operating buses with lifts on December 13. Kubbyl On the two routes that have buses- My second item Is that now we have removed the stop signs on Kirkwood and Summit, I am getting calls about pedestrians having trouble crossing the street for just being pedestrians and also to get to the bus stop on the south side of Kirkwood. Horowl No kidding. Kubbyl We kind of knew that we would hear. Nov I Or the north side of Kirkwood. Courtneyl Has the first accident been recorded yet. Horowl Not yet but they are waiting. The police department Is working with Brachtel. Kubbyl I asked our traffic engineer about what are the conditions under which we can put a painted cross walk and have a pedestrian crossing sign and he was hesitant to do that In that area without a stop sign because of creating a false sense of -,....-."..-....._.,_~"."",.k_."...,.,. ,.> ~WIII.. . -r---- . --'-- I I I , ! ; , I I . ; , , , , , i i i: ! I: I, I I, I: I: It i: I, I:: I II! "II !i j; il :; -. (' ;, 1',1 , I: -~ . ii' I,; II " :i !!" i. ,ii, I Ii , I I: : ' " !i I I /1 ,. 'l/ff('I'. -- ~ -- ......". ............-----......-- ~r.a:_. ..... -......... .... - '1-~-. ~-- ~ ~-'....." \\.'" -- ~- --. ___'r'"" 1 r -. , \..."....- , _ " , , " .' r, ' .'1 I : LI LI 'hi ',' ': '- \ J ' .: " Y, '~, '" '- . _.' ..' / /. /-\, I -.. 1 -. '-~ .........--.... #12 page 4 security for pedestrians and so I want us to think of some other options. Just how do we deal with this. Courtney/ We pout the stop sign back. It Is easy. Kubby/ What we are doing. We have different things that we are value that are in conflict. With the trafflc flow we are trying to create. For north bound traffic or for south bound traffic we are trying to get people to see that Summit Street Is not convenient. That Dodge Street turning left onto Kirkwood Is the most convenient because you are going to have a traffic control light there. The n in the mean time we have made It difficult for people who are not In a petro consuming vehicle having a hard time getting around In that area. Courtney/ And we still haven't fixed the dumbest Intersection In town at Governor. Kubby/ At Governor and Burlington. But that Is going to be phased Into to this traffic control so that people will go down Kirkwood to Dodge to Bowery to Governor to go north. Horow/ Is there anyway of puttlng- Nov/ This Is also trafflc control In terms of speed. People who have to stop at a stop sign don't go that fast. Kubby/ They get stopped at Keokuk now but It Is hard to get a pedestrian to walk to Keokuk when they want to go towards the mall. So I want us to be thinking about this. If anybody out there has some ideas, help us. Horow/ They are thinking about putting a sign on Kirkwood right now saying cross traffic does not stop. Which Is very much needed right now for peopie coming off of Summit who think that it Is their turn next. But I guess I am just wondering about the whole historic district whether or not there can 't be some slgnage In terms of routing people over to Dodge. Just plain routing them over from Bowery. That doesn't really cut down on the trafflc on Summit. Old Jim say anything more about when they were going to put the Ilght on Burlington and Dodge or Governor. Atkins/ I think he has-the state has It. They have to ultimately bless the thing. Horow/ Okay. Do they have to take the Ilght off of Summit and Burlington at all. Atklns/ I would suspect so. No. Kubby/ We are leaving It. We decided to leave It. Courtney/ Have we even asked the state to bless It yet. , i '{. ;.....-- ----..."...,.-. .,,, "',, '" .,.., ~'.',... I ".. ........ ! II; -, - JU -.-""'" - j I I I I , j J i I j I , I _ I i I -1_: I I ; I i ! II ,II', -I',' -, 1 d . If P 'I-i- 1 I - I I ! ", i ;'.r ,I , i " -; .- ~ _--:---'"9\.... lIll' . , , '" '" ' , i ":/'I,'Lf,t0" :;"1 ' , ' , I - ,', t '.... , ; : , ',; ~ \' .,' ,',... " - .. ' / /,\ I' J "", ,~' "-- --':...:._.- ~- -,~ ~, #12 page 5 Atkinsl Yes. Novl We were going to take off the light at Burlington and Summit, weren't we. Horowl Only after the Governor and Burlington was put In, In other words there is a sequentiai pattern on what we agreed to do. Novl Eventually- Atkinsl Unless you have changed your minds. Novl Which means we are going to have problems with people who want to cross Burlington at Summit as well. Atklnsl I would think so. Kubby I He Is smirking at us. Atkinsl I am not taking a delight In your pain. Horowl I think there needs to be a number of things. Time among other things. Kirkwood is going to be closed again In the spring. Right now there needs to be traffic enforcement on Kirkwood. They are doing 45. It opened on Friday at 3 o'clock and they were going 45. Kubbyl Did you have the little digital monitor out there. Horowl No. I considered going out In my hard hat but I didn't want to get killed. Kubbyl Do It in your driveway. Talk to R]. He was talking abut getting citizen volunteers to do that. Horowl Kirkwood people are ready for that one. We go out and get the 18 wheelers and we will get the other ones. Novl We could always put In radar on Kirkwood. Atkinsl Radar we can get you. Gentryl We can get you laser- Kubbyl Pedestrians with sledge hammers. Throgl Pedestrians are the Issue. It Is not the-! don't think it Is so much the traffic now because people are going to learn to adapt and right now. When I first drove up to that intersection from Summit Street I was surprised to discover there weren't the stop signs there. Maybe I shouldn't have been surprised but as a driver I was. I was wondering why the car coming from the west didn't stop. And I am sure aimost everybody coming to that Intersection Is doing the same thing. And It will take us weeks to get it through our heads. Novl At least partly speed. If the car was going 25 mph a pedestrian could get across there- "'. .'" " -..... --'- r i, i I t; , " I Ii ii ',I !i Ii' i i . I~\' ':1 - " L " I,' r d'~" , 'II I" !\ \' ."Ii ,;'!! ,] , 1/,. I "" \ f,.-t, '-, . I - I , " , ~! , '- (. -'- I --' " I 'I I 'I' l' ';" , . ' 'I / ' ~ l...;.',' , , :/, t;..., ,_, " ' l'" . "'1, " , \ . .-.. \. . ~ -~ , / {j, ., - .....-.-----.... - , #12 page 6 Horow/ There are kids that cross that go to Longfellow. There are at least two-three kids that I know of that cross there and going all the way down to Keokuk just Isn't realistic. It really Isn't. Atklns/ We can have the one speed notification signs put up or the speed Indicator sing that we use to notify the driver that they are speeding. They can also put radar. It Is tough to enforce on Kirkwood. There Is no place to hide. Horow/ I wIll probably be the first one picked up. In your previously lives have you ever seen the value of this Is our neighborhood be careful for our kids. Some sort of sign that Is nice and comforting that tells people to slow down because there are people around. Atklns/ People only pay attention to that In their own neighborhoods. The unfortunate circumstances Is once you leave your own neighborhood. It Is like I want to get through your neighborhood In the a fast efficient fashion but I don't want you to be able to go through mine In the same way. I think Jim is right about the palntlng of crosswalks. It does develop a false sense of security. I thin particularly for children because they are trained to say. And it Is under the law the sidewalk Is extended and they see those stripes and therefore they believe there Is some element of safety when in fact It Isn't. I think Jim's point Is well taken. IS that a month from now things will settle down and people will adjust their driving habits. Put some radar out, Issue some speeding tickets. Horow/ It is a pressure point. It Is definitely a pressure point right now. Courtney/ First of all I would like to welcome my family tonight. It is the first meeting they have been to. It may seem a bit strange. It would be traditional to have them come the last meeting but this Is one of those rare breaks between the sophomore football and sophomore basketball practices that we are going to have for all of them to come together so they chose tonight rather than the last meeting that we are going to have. When he organizes the City High football game against up here you are all In trouble. Secondly the City Park fund raiser Is going along well. You are going to hear about this one each and every time until I leave this chair. We have barely go the letters out. I think the letters to the businesses hit just within the last day because the . -.._..........-...,.~".,~...,..,., ,,<,...,. '. < --'."'-- I I I I , : i I i , I I i I I I . I j l , i , I ~, ' I' I, III II 01 "I [I, ' I', il. d !' 'J ;1 ,~ ~ 'II. :,'; ;i i/ II Ii II I,; I' 'I i ! .J ' I , L;' , , II , , i ! ; , , "I t...-.. , . '( \,1 , . 'J " ., : " .:'I:/..: ,~t;.../, ,L.~I ,J:t, , :' "" , . . ~ , / /-)" , , -, '....-.-- "--.. #12 page 7 first check Just came In this morning. I know that. The utlllty billing letters r don't believe have hit yet. We are 2% of the way to our goal which translates Into $3000 without actually a huge amount of public knowledge yet. There have been newspaper reports. r appreciate those. That got some Instant money In as far away as Des Moines. Got $100 In. We had some form Coralville, one from West Liberty, one from University Hts., and r would certainly encourage all the folks from surrounding communities that we all know use our park to help us on It. We had a surprise visit from FEMA last week and he was less of a nice fellow than the last one and certainly had a lot more questions and a lot more red check marks about what he wasn't going to cover so It Is becoming more and more evident that we are going to be to a great extent on our own for this and the committee has gone from two week meetings to four week. I think we have the planning pretty much in place. r have spoken to one service club at the Noon Optimist last week which yielded a $150 check when I got done speaking so I must have done all right. And Terry Trueblood, Steve and myself are available for any speaking at service clubs or any organizations, neighborhood associations or whatever to drum up support for this. What do you want. Kubby/ Because there have letters to the editor which makes It sound like people In the community think that the carnival rides are gone. Courtney/ I think some of those letters probably got written before we had the press conference and so on. The current plans are that the Iii I il'il" ;! . k ~ :., I; .11:1 ~ {' ':1 II .1'; I' 'fi .r II '1, CHANGE TAPE TO REEL 93-92 SIDE 2 to be a part of city park. We are still talking abut some various different alternatives for changing that area a little bit to spruce it up. But that Is the current status of the amusement rides. Old you want to talk about the sand area tonight since we had the memo there. Atklns/ r wanted to add to-the Drollingers are also meeting with the Commission tomorrow night. So the speclflcs should be coming together fairly quickly, the Drollingers being the individuals who man the carnival rides at the park. The Issue of the sand grows more curlauser ands curio user every day. Late this . ',i" ,.: ; , ;1 -.......,~,~",..-, """"'" " ! " , . .A - ''''00:- ""!"" P -.. -,.....".........~ .":~."....". - --""~., -~-- QI; .;'......... - - ~ ...-. ..........--- ~~ - ,.. ) , , " , .', :. ~, ,.:' I' ',LI . t]' 'ft ',' " , ' , ,'\' I '_ _, : !.. / ,/.. I" ., " 1 (, .. __ u_____ --..~---. - , --..... .-- #12 page 8 afternoon we did confirm with some folks at Iowa State University and we conferred with them and they have confirmed our suspicions that the sand and the accumulation that Is there Is likely to kill the trees that are located and they are recommending that we remove It and I strongly encourage you to do that. We stili may be able to create a small sand area anyway. If anything as a reminder of what the fiood did. But If we don't I think we are going to lose some trees of some size. Kubby/ Trees that will make it otherwise. Nov/ Or are we going to lose them anyway. Atklns/ The sand will for sure, at least that Is the Impression that we have. It will hasten the speed In which those trees are going to die. We really don't know what trees are going to make it or not until spring time. I think our experiment with the prairie grass area Is something that Is still worthwhIle In considering but not on the scale that we have there. Kubby/ There are some local folks who might be local experts. I don't know how expert they are on sand prairies vs.- Atklns/ We called Iowa State University, the Extension Service and talked to- Kubby/ I mean for someone locally to go down there and say this Is where we could do a sand prairie and It wouldn't hurt the trees because you need a certain amount of footage to do a prairie. Atklns/ Terry's Interest Is first of all to preserve the tree. If we can accommodate the sand then we would. I happen to agree with that. Courtney/ I don't think I am ready to risk 40 large trees for a sand prairIe. Nov/ I would have some concern about doIng sand prairie close to the trees because It requires burning. Atklns/ We were more concerned about the burning In the sense of lighting a fire within the corporate limits and we get on everybody else's case about not doing that. Kubby/ There Is an exception for that. Atklns/ I understand that but you know as well as I do the public often doesn't understand the exception when we choose to exercise those. I think the burning can be managed. If we had to burn It off we would Just simply schedule the appropriate personnel and equipment to make sure that It didn't get out of hand. We can do that. , I !' i I ;J i " J ': '-"~. ...."~-, .... .'..,'-... \::i u . i j , I I I , I , , 11 ;:' I, ili ! ii 'il" Ii . I, ii , .. I ill\" " Ii' l'.i , If! i ' , I 'II, I I "II" ! I I, ~ '........ "I/If/f". , " 1 i "! , \",'''-- < I'! " ...... .,.........- "1 -.... --- - --- .........- ...,-. - - - -.....-- ~ ,-:-.'...... . -~~~ ~ 1 -' ... ~~.--,-,r'"""'-....-~- \ , , I., ,:ll,:,~I, L,. :/t, ,', '",', l ' . . ,.. ",1 ,V, . ' . ': "" \. - I" / i/\ I' 1 { '-, .., -,~ .... --~- ---- #12 page 9 Nov/ The city has already done that in other locations. They did along Rocky Shore Drive. Atkins/ I don't recall that. Nov / And somebody I know did it in her backyard because she has got a permanent prairie grass. So it Is not unheard of. I am concerned about doing It so carefully that you don't get close to the trees. That is not easy If you are doing a very large area. Along Rocky Shore Drive we are talking about several feet worth not acres. Atklns/ At the largest we expected this area to be three plus acres give or take. We may have to bring it down to something less than that. Nothing Is being put aside other then the priority was to save those trees and restore the park as best we could and still to do what we can. Okay. Courtney/ Bottom line is keep those cards and letters and checks coming folks. Horow/ Some credit should be given to the forester for initiating the park or the nursery that he has because he intends to use some of the trees form that nursery thereby saving some of the money. Courtney/ Last conversations I had there are lots of folks that have lots of opinions on what we should do down there. But last word I had was there are five species of tree identified that would be able to withstand the rigors of being in city park the last few years. I think folks that are doing that are probably knowledgeable enough to decide that. They are having a lot of good advice from a local nursery on that. My last item is that I want to congratulate the City High football team. They run last night. It was a fantastic victory. It shows that high school football Is ailve and well. 10,000 people showed up at Bentondorf. We got there very earlier and sat for two and half hours waiting for the game to start. That Is the only way you had a seat. The rest of them stood up and we have two more games to go to reclaim the crown from 40 years ago. We have one Saturday and another one next week. There wlll be more to follow on that after the championship is In hand. No reason not to be confident. ! I , 1\ : ! . Ii ,: ~ Ii II ,II I! Iii ", Ii . Ir ii !' ~ 'I 'l ,ii'4 J: , I' I i , " ii! I; ':1 IJ 'r I J :II,' I" II --_...._,,_._..,-,~.... ~"~.,,,._...... " I I , , " __A -::;..........."""..".. ..... -~"1 .---..,., -.....-- ~ flit-f...... ~......._-- -~~ ...........,....-,p -..T."......-.--~~~ ,.. - '\ " '. t ' , I ~ _. , ',.. ','i1"U L ",,) ',,' ~,' l' "I' , , I . . ..1 ~ _ I 1: ': _' J..,. _"'_ , . / /<" ,'/ 'l. '. -, --- -._0,...0__ ! , #13b page 1 Courtney/ City Attorney Gentryl Yes. I have a couple of items. We have set up a war room In our law library. Marian and I have been literally hoied up In our law library for the last two weeks during the first half of our recodification and we have shipped half of it and we are ready to start on the other half and hopefully we will survive. It is looking good. At least we are better off than we were a year ago when we started. I would like to report on a memo that Karen Kubby mentioned In her time. A memo that I have written together with first assistant and also Ron Boose who is the Senior Building Inspector. There are a number of questions about what our role Is In enforcing the new ADA which Is the Americans for Disability Act. I have a special Interest In this besides my professional role since one of my special friends, Tracy LaFluer, I have the privilege of being her legal guardian and when Roy and I take Tracy and her friends out to dinner in Iowa City It Is a real task finding somepiace where we can go because she Is wheel chair bound and so I am really happy that Dale and Anne and the people on the Human Rts. Commission are working hard. We are going to try to educate. I don't know If the Commission could come up with some kind of brochure but the basic enforcement tool Is not our housing Inspection building department. However we do make an effort, and Ron Boose and Doug Boothroy are doing a good job on this, making an effort to tell all people who come In to make any alterations on their buildings in the community that they are obligated to make-if there are certain changes that can be made to structurally complied so that they are accessible to wheelchairs they are obligated to do that if they are readily achievable. That Is going to be done on a factual basis depending on the building. Any changes-the city Is complying with this now. Any changes that will be made later, if it is an altered feature within the building, such as a room that is changed. So wherever possible and If It Is feasible and again that Is factually based, it should be changed. Now although we are not in the process of enforcing this because it Is a federal act you can go to Legal Services if you qualify for their standards and file a complaint. A complaint will be filed with the Department of the U.S. Justice which Is Attorney General Janet Reno. You have all heard of her. Of you file It with the particular I' , i ! I ~ I; I , , - II: j; I I: j ,I i I / ,I l' i , " !' i': { 1: '.I " " ;.. j. 'I Ii d ~ : F I l: I ~ : I " " l, io 1 , I Ii :1 I )' , . _n.~.,.,,,..,,,,~. 0 ., '."."', '" " --'-- - - -:-.........."""IIIr,.. ---- --,..,-~. -...--qa.-..-'......-- ~ ~.........-----------,f'... ..... ----.-- - ~-- -- ~...--- ~-~ ..----~.. r.. ". -- \ ' I. . , . . ( '.. .:.-' -' , . ' ' ':/:/ U L7" !'-t, ,'-.- I ' ' " ' I'" , . ,'., ,.,'.', '.:,. "M Y', _~ "'-'" . / , />l, \'" "1' - - ._~ ...--.-----. #13b page 2 department that you are complaining about. You can talk to your local businesses and you can talk to the people in the Human Rts. Commission and with Alice Harris and with Dale who are responsible for the Human Rts. Commission. So we are making every effort on our part to be good citizens and we encourage the community to do as much as they can. But the best way is to be-have your conscientiousness raised by trying to go someplace out to dinner in this community and be able to get in with a wheel chair and it is very very difficult. My house is impossible which Is another pitch. Affordable housing that Is handicap accessible Is something that I think we ought to strive for. We as a city ought to lead the way. That Is my report. Kubby! I think I really agree with Anne's assessment in her memo that it really shouldn't be up to our Housing Inspection Services to determine If something Is feasible for a specific business. That Is not what our H.I.S. Is for. But what I would like to see Is when someone comes In for a building permit and they are working 011 a historic structure It gets referred either to the HP Commission and or they get a brochure that talks about how to rehab within the guidelines and give some really specific examples and It would be kind of neat If we developed a brochure kind of explaining what people's obligations under the laws are and some local resources to refer people to if they want to Inquire about them. Gentry! I was wondering if maybe the Commission, the Human Rts. Commission would be wll1ing to work on that or want to work on that. Helling! They have Indicated-the first step I think is their next meeting. They are going to have a representative from Independent Living who had also written a letter to us. She Is going to go to the Commission meeting and discuss more with the Commission about problem as she views it in the community. We had, as staff, met a couple weeks ago and talked about a variety of things. We are making some inquiries now about what kinds of brochures might be available from the feds since it Is basically a federal law and federally enforced. In addition to that kind of looking at other things we might do locally in terms of information and certainly that is all of these kinds of things that have been suggested. i I , i I I I' , ' , ' i' , , i: i I I ! : I; I; I I' i 1 j' . i: I, , I I j , ' ; i : ! i.: 'II ~ !i II ii'll: r: " 'ii 7 Ii 1'; I; j.; q ) I I! II ," :\ I , ,I I'- ....-........v,.", .....-.. "'''' [, ., ; .', ,.,A 1111U. .<:1 ...,... , , , i , , , " ..""".". ---- - ...,~--:--~..... . " I ' " - I' , , ' , ,. ,:1 I ,LI ,L,: ...,J , , ~ , , I ,I. ,TV I . .Y" _ I _ / / ,:'/ '\, I J, , ...........\ l113b page 3 Gentry/ln all fairness to the Human Rts,. Commission they are very busy rewriting their chapter. They are doing It themselves. Pigott! I would stili like to encourage committees, like CCN, which Is active In some of these issues to think creatively about ways In which we can perhaps provide some sort of incentive whether it Is monetary and the educational aspect is important as well. Provide businesses with some sort of Incentive and I know that there are a number of hurdies In that regard. But some sort of work in that area wouid be good as well so that we are seen as taking just an educational role and not just a information one but pushing businesses with incentives perhaps. Throg/l, too, wouid like to see the city take a more active role in that regard. The suggestions that you brought up sound like good ones. I am sure that a lot of creative ideas could- I think it is important to make that kind of active- Novll think that our HIS could be a little more active. At least hand out more information when building permits are distributed. KUbby/1 think, as a body or individuals, encouraging groups like the one that Larry Quigley is in-the person who brought this to our attention, asking them to go and speak to the D.T. Association. To say as a group we are interested in having you do something different. What could you do. Pigottl He is really happy to do that. I was d.t. last night and ran into him and we were just walking around businesses and sort of trying it out. He would I am sure be happy to- Courtneyl I don't want this to come across that the Building and Inspection Services is not doing anything because they are. When we just finished a remodel of the office and they were very involved in making sure that we met all of the guidelines. In fact the plans had to be changed dramatically in one case for a restroom. Novl You have to meet the guidelines under certain circumstances and they wllI tell you that. Courtneyl They didn't approve it without making the changes. Novl Under other circumstances where a business does not have to meet the guidelines they do not tell you that. What I am saying is under the other circumstances you should be more informational. They shouid hand out, they should say we really want you to do this. You don't have to but here Is the plans. Helpful. -~'-'. ._~ , I ! , , I , , i, Ii I , ' J I , ' 1 : I, : ~l Ii 'II il Ii ','I II j: ii j' \ - ! :1 ,\ I' ;i ",1'1 : ,;. j., 'I' t :,; Ii 'I, "I' ;1. , I I II I! ,I': ' " I: , ' , I , , , , , . . . , , ,'" "I' "/1 e,', c,: "', ' :1 (.;...1 -t ",v' , ';' ~. '. ".'. :,., '-. \~..' . .' / /'~ ' >'- -'':{ ~"-: ::":--, ------, #13b page 4 Gentry/ That probably should come from some place other than HIS because the only reason people walk In there Is to get a building permit. It probably should come from some other source. Nov/ You have some instances cited in your excellent memo where a internal remodeling was done, I assume a building permit was issued. But because the style of business did not change the ADA requirements were not enforced. Courtney/ That is just not right. That Is exactly what we did. The business did not change. The same location. We did an internal remodel. Nov/ Then why did we get this memo. Courtney/ I don't know but I am telling you what happened. Pigott! In this particular case the footprint of the establishment had not changed. And because the footprint had not changed and I don't know the exact meaning of that term but because of that they didn't have to. GentlY/Right. And the problem with the old Kitchen of course Is the stairs and I suggested on a case by case basis we can deal with a ramping, for example, that can run parallel to the sidewalk and we will have to have an easement for that and we will have to go through you. It Is doable. Courtney/ Any thing else. Gentry/ No. That Is all. Courtney/ Thanks. I , , ' , , "'I' ",1' 'I,' . ,-/ i I, '" , " ----...,~-...".,...."~"..,.,.~,._,...,~.._...u. _ '- ..~. '''., N.." ..,.....'.,." , '; ! \ ' , \'.J " 1.d1W .: --..--- I I I 1 i , , J ! , , I " :1 II .' Ii I! I ' : ill, I ' IJ' II: - 1 , I" I~, I: ,I If' ,I r , , , , I I ':. l ; ~ I I , I' ,I I; i " " ,: , , "!:....""....,.,. _ .~.....,___c -....- _, .'i " ), , . ,', '.1' " . : '. C'.V{' 'L/ '(',' 17]'" I',.. _.;:; ....-',' I , .~, " ~.' I , . '. . ". - , ~ . . _ ~_'.I. ' 1 '~. ", ',')' -' -", --. - ' / ::'~ '\' .. -" ......--- "-, ~._.... --- Agenda Iowa City City Council Regular Council Meeting November 9. 1993 Page 11 I' " . (2) That the 1993 CDBG Budget, as amended, be approved. " " , f fJ i 'I i' I I I I I Comment: The public hearing and approving resolution on this item are Items 8 and 9 on this agenda. I I I I I J Ii , I (3) To ancourage the devalopar of Towncrest Mobila Home Park to provide significant funds for the relocation of the current Town- crest tenants. Comment: This item is related to a razoning issue that may ba considered by Council at a futura maeting. No Council action is requirad at this time. " I I' 1 ! ! Ii " i, I I I' , l j: j: , 'i, J '1 J: I r.! ;t! ;~ I ..,: L ;1:, 1: 'i! ill " :j[ ;1; ~! :~ : /1< ~ :! ~ 0 ( Ii' i, , yL,/Jr;h\I/I.dmt) CL~"':"'1 F \j--- I; ITEM NO. 17. CONSIDER A RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND) I '13... Z.9~ SCHEDULE OF ASSESSMENTS FOR THE 1993 PAVING ASSESSMENT PROJECT. ITEM NO. 15 - CONSIDER A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION SPECIAL DISASTER RECOVERY GRANT FOR THE PURPOSE OF FUNDING A PROJECT TO ELEVATE NORTH DUBUQUE STREET. I " Iii il I' ,I " I, '. " i: I I i II' I' 11 , I . d. .!., I;: " ,; ':i: II I , I I "J , , I, p~ n ' ~ ~~ ~"'\' ISI TlI -Ij.~Uj ,k, I..!J..' f/otD '(,,01V Q..Wl.0</A"""'1... ITEM NO. 16. CONSIDER A RESOLUTION ACCEPTING WORK FOR T E 1993 PAVING ~ q3- lq\1 ASSESSMENT PROJECT. " i , " Comment: This is the next step in the assessment process. Final construc- tion cost for this project amounted to $23,955.98. Sea attachad Englnear's ' Report. Action: ~o/\nc-jJ ( 'j I I ~ P ii ,'.( " " Comment: This Resolution continues the assessment procedure. Action: ~ J YlL( 11 I 0f.l'CI\ Y 6 If) /1 1 JI.A11>uodc'1u a~l.ahr~ "I' :i , r:.':'......-...- .....-.".,.......-,..... . ,....,."...,.,..... "aAl- I1I:l . it " ! I , , , \\j '-J ..,." . - ',- - -- --. ....--- - - "1~--:- ~-".....~.' .." ..,~.... ~-l--. ... -..-. ~... , , , , , ,. '/ I 'k-'" (, ' , ,;-t '", ' , " , " ,'. " 'I' '"1', V ' ,', ;:" .';.' '\'.' _-'. 'I'~ .,'. . / (,'\ " J , ' .' . . ~-~ '1 " , -.- - ..~ ' -------..- --, , , I I , ! #15 page 1 Courtney/Moved by McD, seconded by Nov. Discussion. Horow/ Yes. I have a question. I would like to be assured by raising or elevating North Dubuque Street that should there be flooding in that area the flooding Is just not displaced to another location. That distresses me. Rick Fosse/ It looks that we could elevate Dubuque Street without Impacting the floodway which by ordinance we have accepted that we can fill In the flood plain but not In the floodway. There will be some Impact on the flood levels because of fill In the flood plain. That occurs anytime you f1Illn the flood plain. When It comes time when we try to quantify that affect we will probably find that the dominant hydraulic feature In that area Is the Park Road bridge. Never the less there will be some Impact of it. You need to weigh that Impact against the benefits of the project. Horow/ When do we get to do that. Only after it has been elevated. IS that right. Fosse/ No. Those are things that you can computer model and get some answers before hand. Kubby/ So this Is a submission for the application so that It will come back to us as a specific project with specs. Courtney/ How many dollars are we talking about for 25%. Kubby/ $625,000. Plgott/ Where is this on the elP project list. Atkins/ it didn't make it. Kubby/ It got kicked off after the year 2000 because we felt it was an inconvenience but it was for short amount of time. Atkins/ Shortly after the priority setting it rained. Courtney/ Even $600,000 I think Is too much and It was along Inconvenience this particular time and that Is the first time it has been more than a very short inconvenience and the first time that it has been totally shut down, I think. Kubby/ Usually it Is just down to one lane, right. Fosse/ One lane In each direction. Courtney/ I Just think there is much better uses for $600,000. Pigott/Is it just the right north bound lane that that would be elevated or Is it both. Fosse/ No. Under this scenario both north and south bound would be elevated. Throg/ How much would they be elevated. What length of the road. ! ~, , ;,;..",---" . '_'.~'~"""'.,..",.'L_"""\""..,,_,-.. "....,.".... '. ..4_ _ .....~- ~--.......- I ! I , , , I , :i I iil! 'I "Ii" I!' il' H " II - i 'j I q ': " r: -'.1 , , i I .' 'fl i " , .! , I , I "I',' ,,: >11..:: ,- ',>'- ,i " , I' ;, , , If, . ').' " "I 'j' I , , j " , ! , ' \.' ,"' ..,." . , I I i. , 'e' ;d":":~-' ..... "...- "'1--";'--;-~~"" ~' . . ~. . , , , , : . :1 ,) , . ,U, J"]', Ft ,,', , , ': .', ,\' I . __. _. , #15 page 2 Fosse/ It would be elevated just north of Park Road to the stretch between Taft and Foster and at it's lowest point it would probably be elevated in the neighborhood of flve to six feet. Nov/ What happens then to the access points/ For example the Mayflower Apartments. Fosse/ Fortunately, Mayflower they have a very steep driveway so it might actually improve access into that area. Kimball Road also drops down in but there will be some issues there, The grading would probably go quite a ways back up Kimball Road. The Mayflower Apartments-that will be the challenge. I was thinking of the Cliff Apartments with the steep driveway. I said it willimorove the access there. -. - -'--'~'-'__~e_~,"'_"'~'h__'._._.___' " -'.....~..... ~.'. ..:.....- ..,...',.."........ ....." ., ~ ....m i -~-'-. --'. , i ! I , ; ! I I, , i I I, i I I: , , , , I . I. , I , ..;: Ii I, Ii,; II. i II Ii '". 11-.' 1 'i i \,," i .' j -~, . .j:i; . , ',' .\,.... 1",,1;, I-'"Ir " ',:J::' . !: , " 'i::'J' ,. I " :1 , ' (,; ~--- ,- ~""""111 ~-.- ~...- ~ ..~I_....... ------- - .... ~ ..... -....-- , , " I'Ll' C Ct ' , " ~ :1 r'.--, I ' ~., ,.~ ' \ ~~.' ~~I"'~r"" . . ': ,. .. / (/\ ,. )., '. '--. ---~ ---- - ~-----......-- -"-. #15 page 3 r 1 , I I I I Fosse! It would need to be a non-readable type of surface. I don't think you could do that with just a grassed slope going down there. We found that rip rap performed very well during the last flood especially along Rocky Shore Drive. That performed well along there. Gablans would do well too. The key Is Just getting a good base underneath It. Kubby! What part of the total project Is the rip rap because I suspect -Is It significant. Fosse! It Is a part of It but I don't think It amounts to more than 5% or 10%. Throg! I guess I am curious about the subsurface soils as well. I don't know how to say this In the proper technical way but there Is a lot of alluvial ground water directly underneath the river-underneath the roadway. Is that going to shift in any fashion even If we put up the kind of barrier you are talking about. Fosse! Will It affect the ground water pattern In the area. Throg! No, no, subsurface soil movement Is what I am thinking about. Fosse! What you find In areas like that that are In flood plains Is it Is alluvial deposits. There is a variety of solis In there. So before we put significant fill on that we will need to do some borings and find out if we have any soils that won't perform well under the additional load and if necessary core those out or provide a barrier that helps distribute the load. But, yes, those are design features that are Important. Courtney! Any other discussion. Roll call- Pigott-no Throg-abstaln Horow-no KUbby-no McD-Yes Nov-yes Nov! I can see no reason why we should not send In a brief form to see If money is avaIlable to do this. This is not yet at the design stage and I am sorry I just don't agree with. MeD! I agree with you Naomi. I think there is ample opportunity with the Information that Is going to be presented to the future council to stop the project If necessary. Nov! That Is right. If! don't like the design I can say no. s-"'-' -p ---'''''h'''''~",,~,;_, .....,,~, ,. .,",,'..,_"~'" ",__, '_~.. .._._ " , ~.b..LI - \ ---.-..,.--. I' , I' j' ! ' i · I ! : I, I; I' /. I' I I' , I I I , , , i: 'I II ,',; " " , i II I' P 'II 1'1 I" , "I" Ii . I : ~. 11 ~ i "1'[ :i . p I ii, I,~ . I {- , I,) a .\";, I, i . ~ .. : !"; :, :i i , "'! ' i ' \'. .". I, , '{ ", '," ,I. ' "<;'., , ,,0",.;', ':'1 '\ ; 1:/0" " " ~~' , " ___ ,~- "1 . ---;:-~.... ~ -,-,...- ~::' ~. .... --- -"'"I~"" .... .. --. ~ ....-...... ~ . " ~' . - :, ':':1 ,,~(.;...l t, t, IJ,' " (' I ~!1, '-.::-.-=--~=---... ~----- ---""".. --'~'-'-_'u """". .. #15 page 4 McDI But to at least assimilate that Information I think the process should be started and to make the decision once the information is presented. Kubbyl If I know now I don't want to spend $625,000 on the project then why the staff tIme. McDI I agree. If you don't want to spend $625,000 on the project then you are rIght. Courtneyl The resolution fails, Kubby, Pigott, Courtney, Horow voting no. Throg. abstaining. i I i i [ I I I II I' I" I , I I I Ii I' I I I , I I I i I !' , , I I : I , , , ! i i I , , " , ! i I ....-....',. . ----."'''.~...k._....r......joO...,..,~....,..,.......~.,.._~_~_ .."J'h....~_,... ,,_"'_'" . , \ i ", I, I ,.; ; i " , II II' 'I II", [I I II " ;1 , 'I . '\1 ' ! ":'J, 1/fIIIIJIf"". --- - "'----..~ -~.....~"'~.I.....---~-------......... ....---- ", " , ;, i' , " ,. ; (~: C j'; ~ ~ I 'I (, ,I I' I, ~ " I; I f'l i~ " , , -..' " ~ " !i j, ii " [1 " .1 it \1 I; " I.~ 'j t, f~ .- ~~ I' ,\ ~ " ;, ~ u .' ~ , M I ~ " li ~ ) ~ ~ i{ ~ 1 ,f ij " ~ I ~ n i' ,I i: ~ TI io' l;: , , " : I' I I It t ,,' ! ~',' :1 .' ,'-- :1, , . ' ;, ',,'.. I ': l' " .. , ' ,', , / , .. " , " 1 {, . - . ._~ "-. -....._~~-.........-- ~~-"..- ._~ Agende Iowa City City Council Ragular Council Meeting Novamber 9, 1993 Page 12 ITEM NO. 18 - CONSIDER A RESOLUTION OF INTENT TO CONVEY A VACATED 10-FOOT 93. 3ot} WIDE WALKWAY RIGHT.OF-WAY TO C. VIVIAN STRINGER. Comment: On October 26,1993, the City vacated the 1 O.foot wide walkway right-of-way located adjacant to the southwest lot line of Lot 21, Windsor Heights, Fifth Addition. C. Vivian Stringer owns the proparty on either side of the vacated right-of way. She has offered to purchase the vacated right- of-way for $217.00. This Resolution declaras the City Council's intent to convey the property to Ms. Stringer and sets a public hearing on tha proposed conveyance for Novembar 23, 1993. Action: Y\f!1;e.-b /l/iYtlJ 0 / '61- '&v,L,llfa) /k/J !~ '/ " l 7/u;rp;;.a..,u a/idrut,oJ?r' ITEM NO. 19 - CONSIDER A RESOLUTION AUTHORIZING THE ADOPTION AND SUBMIS- 0 '13 . 301 SION OFA COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHASI FOR FEDERAL FISCAL YEARS 1994-1998, UNDER THE 1992 NATIONAL AFFORDABLE HOUSING ACT, INCLUDING ALL THE NECESSARY CERTIFICA. TIONS AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CHAS. Comment: Iowa City is raquired to prepare a CHAS for FFY1994-1998 in order to be eligibla for certain federal funds. The document also provides an opportunity for the City to review its affordable housing needs and goals addressed in tha FFY1993 Plan. At its October 12, 1993, meeting, the Housing Commission recommended approval of the CHAS. At the City Council meeting on October 26, 1993, citizens comments were received regarding the draft CHAS documant. The comments received during tha public comment period have been addressed. The City's responses can be found in the report. A copy of the revised CHAS is included in the City Council's packet. Adoption of the CHAS document will allow the City and, other agencies to apply for various federal housing program funds that will enhance the City's ability to address its affordable and supportive housing needs. Action: '(\ttutPv ) ~(JL~ .ki (IAAJ ~k1Jt ~ ;"V"'- ....._-....,....,'_~_,..,.,.,',"......_. , ' \, ~ ~--------------- .. ~ . ' I i i I i i 1. ' , ! i, : I , , " i ~ ; I'; II' II Ii i !: j: i: . l ;1 .. i , i i: 1:~ 'I I'i II, ('; I /I! I 't. ,1 ' 1 , 1 ) J '1 I .1 , :1 1 \ J :j J j :1 1 '\ I ';, (i i 1 I ' i ) , 'j i ,I 1 I I 'I I I , , I I" "i,r. I '..; ,.,' i " : ~ 'I Ii ~)- i ,~',,-- ~,. , , ~r-7rrJ; ,e " :,' , , , / /1 >......, .,' ":'-.:::::.::.:- ---~--.. ~- . -....... ;. I ~ f i: i' ~ ~ ! ! #18 page 1 Courtney/ Move by Nov, seconded by Horow. Discussion. Kubby/ How much a square foot Is that. Does anybody know. Gentry/ Rick, come back. Kubby/ Do you know how much per square foot the ten foot piece of property we are going to vacate to Vivian Stringer. Fosse/ The value. Kubby/ For the $217, what Is that per square foot. Fosse/ Gee, I don't have a calculator. Kubby/ The thing I am trying to do Is make sure when we do these things that we are consistent and that I think in this other one we talked about tonight Is half the price of one we did within the last month and I wouldn't mind. I can never remember the sq. footage. Atkins/ I will find that out for you. Kubby/ Like the last one we did-the one we talked about earlier and this one. It would be great to compare them. They have different features so the numbers should be different but they should be-our philosophy should be consistent on them. Atkins/ This r.o.W. running the length of the property and If it Is ten feet wide and the normal residential lot If 140 feet deep that Is 1400 sq. ft., $.20 a sq. ft. Kubby/ We sell public property so cheap. Horow/ In this case I am assuming that it has been assessed given the values of he surrounding area. Atkins/ I am just giving you a rough number. We will get those three for you at your next meeting. Kubby/ And any other quirks with them like the conservation easement. The individual characteristics. Courtney/ Any other discussion. Roll call- Resolution Is approved, Throg. Abstaining. .- -.__.......'..._.~..~..~.".~H.__. ~_._._. ,', """, ", "" '"", ....... ,,' 1 ---...-..... I I I i I I " ,\ l! ill " ,I II Ii", Ii ' 'j: II II ~ I. J' \: '. \ I ; ~ , j j ~ i:i 'I -I" iiI,ii"." II ' ,: : I.' Ii , II ""'/ I If' ;' .',' I' iI ,,'I ; I. " " , ,) I , i \,1 ., ..",...".. ____ - "1----..-: -~.... ~ .;'...... - ---~-'-... -- - ~T~...... ........,..- .... ~. - J 'r" ... \ " . '. , I I _' ,:::~~~t~, ",: .',' " ' , , / >\ J \" '--."---'- -', 1 j t , I I ! I I I i I , ~ ! \ l I ~ .' , ! I #19 page 1 Courtney! Moved by Nov, seconded by Kubby. Discussion. Kubby! I did want to make just a few comments In that I think this CHAS Is really a challenge to city council. This Is much different I think than the first one In that it's going to challenge us to take a leadership role In looking at our public policies on affordable housing, looking at zoning codes, land use, hard to house populations, etc. It's going to be real Interesting the next few years. Horow! I hope it takes us and committees that deal with this Into the realm of looking at It from a regional perspective because I am adamant In thinking that Iowa City Is not an Island on to Itself. I think the Impact this city makes on other cities and other cities make on this In terms of housing and In terms of transportation methods. All of that Is very much tied In. I know that EClCOG Is Into the development of housing and affordable housing and other jurisdictions and In those parts of Johnson County where they are useful for planning purposes. So I would like to challenge our committees to look beyond our jurisdictional lines for the next couple of years. Kubby! I think my second point would be that what this particular CHAS does Is reinforce to me that we are going to have to have a multi faceted approach to affordable housing. It Is going to have to be a combination of government regulation, of education, of Incentives, of encouraging non-profits, different kinds of collaboration and support form a variety of sectors. And that can be challenging because it Is hard to put together all those little pieces Into one package and we should probably look at Bob Burns on how to put different pieces together In a package that works. I guess, thirdly, I do want to say that I object to the definition of family In the CHAS but realize that it Is a federal document and we are using the federal definition and hope to talk about that In the future. Throg! I think I want to reinforce what both of you have said but also note that it strikes me as a really fine report and the people who wrote It deserve some note. I am looking at Marianne Milkman's name, Marcl Lindsey, Steve Nasby, Doug Boothroy, Ron Henderson, and Marge Penney. It Is a pretty fine piece of work and It really Is quite Informative and as one council member I want to acknowledge that. Pigott! I want to second that. It Is a wonderful piece of work and it Is a challenge and it has been a pleasure to read It. To have a v~... - ---..--.. --., ! , I , I , i i . ! , ! i : ~ I [I Ii I III 'II, I:: - 1\' , '1:\ - i: 'i Ii; ,II ',.,ii! II ,.[ 'I " r '. r "/ Ii}! ~' ,. , :\ " , I , ' , '0;" :;: ' :: I ~(.;...I ;' b ' ',~~t,' - " ' , " ~ ~ ~ " " I ~ ii 1 /~; ....,. "t.' -'-.:.::::--:.::....::-.. ~----- , ----. '''' \ #19 page 2 document that Is so big that Is so readable and so Important to the community. It Is tremendous. Courtney/ Well then, let us vote for It. Roll call-(yes) The resolution Is adopted. " "j ,'l', .. .-~ ~pi--: " . --.._'""..;..........I.:."4"t.~..~",:.;,~-,#.>,.....--'_.- ,.-.. ,-, -...~.....,.^''''', ...."... ...c,.,.... !':'''''.'i,.'.,:.;;. ,',',':"^ ...,.,',.....-.~., ,..-.--..-- ":' " ., -'f:' \";'.,'~ "j i"~l . ~L'A I I , , ,I I! II I , I' I i i I , t I , , , I I I I ! I , :" I ,I, I I , , ':'l ,: ( , j,', C" I',' " j'-, ,:i '.',; ,"",", I I , -,! - ~-"" ----.,... ------ ~ ;,...... - ~ ~'" .......--- -- -~ff ~ ....~ r-"T~' , ' ' ~', " '-:'1 '/ ' , ,it;...l' , ' L; "C.;, ..,',' I~' ..;. , ' " ^' t~! ~~~ / /- '1" . _.~.~-.-. ~ --.. .- Agende lowe City City Council Reguler Council Meeting November 9. 1993 Page 13 ITEM NO. 20 - CONSIDER A RESOLUTION REQUIRING SUBMISSION OF A FORMAL 93 - SDl.. PROPOSAL UNDER SECTION 626(A-GI OF THE CABLE COMMUNICATIONS POLICY ACT OF 19B4 AND THE CABLE TELEVISION CONSUMER PROTEC- TION AND COMPETITION ACT OF 1992 FOR A CABLE TELEVISION FRANCHISE IN IOWA CITY. Comment: The Cable Company submitted an informal proposal and the City must reiterate its request for a formal proposel in response to its request-for- proposal. A memorandum from the Assistant City Manager is included in your agende materials. Action: ~/ ~kll~!o .up i/Ir/J) b\ <-{) ITEM NO. 21 - CONSIDER AN ORDINANCE DIRECTING THE REGULATION OF RATES CHARGED BY CABLE TELEVISION OPERATORS FOR THE BASIC SERVICE TIER AND RELATED EQUIPMENT. AND FOR CABLE PROGRAMMING SERVICE TIERS AND RELATED EQUIPMENT. (First consideration) 7~ Comment: The Ceble Television Consumer Protection and Competition Act of 1992 and regulations adopted by the Federal Communicetions Commission permit a franchising authority such as the City of Iowa City to regulete basic service rates and charges for cable television in the franchise area. The first step the City must take is to adopt an ordinance for rate regulation. Action: /lYt~ /~11) /d, (1, 1II1 ' (! ~tlt-!?,,) % ITEM NO. 22 - CONSIDER AN ORDINANCE AMENDING CHAPTER 9.1 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. IOWA ENTITLED "CITY PLAZA" BY REPEALING SECTION 9.1-7(1) ENTITLED "NEWSPAPER.VENDING MACHINES" AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 9.1- 7(1), TO BE TITLED AND CODIFIED THE SAME. (First conslderatlonl Comment: At the request of the City Council. the City Attorney has revised an ordinence to require the use of space in City-owned moduler vending mechines for all neWspapers and advertisers sold via vending mechines in City Plaze. These modular units would be handled by a lottery system if the number of requests exceeded the number of units available. Otherwise. the units would be provided on a first-come. first-served basis upon pevment of a minimal fee besed on actual administrative costs. As drafted, the revised ordlnence contemplates only one unit/space per newspaper/advertiser, Staff hes reviewed the ordinance, and the ordinance Is ready for first conslderetlon. . ~ sl I Action: ITEM NO. 23 - ADJOURNMENT/ .1) J / ~L (D / "fI:tUUlY ItJ.' gj au~ " "..............,........ . "'"...........-. __h.., -'. . , -.L!.._ - ~Il ~_ . " I I i , i I I , I , I 1 , , ! . ! i !i ;1 , III Ii " II .. :1 :1 :; I , ,I .. I~: " II,' :i 'I" ,', '1,,:1' 'Ii' I' I,: , \'i: i :i " ;\ , " ,') " I " I ',!' i/:f :;, ~ i , :'t '; '" ':1 :i, :i ii , ,', ~". ...... ~ ~~-:,--'"'1l\"" . , f ' ' " ; ~ :', ::l/ :~t;.../, 'tr ,'b",' " ," / ('-'1 .~ . ~_ n___ #20 page 1 I Courtney/Moved by Horow, seconded by Nov. Discussion. I Pigott/ Could I Just ask you Dale to explain the Informal vs. formal. I I know It Is complicated but I came up to you earlier this I evening with lots of questions about that. I am sure that other people are wondering what is going on here. What Is the difference. i Helling/ We are Included In those other people sometimes wondering ! , i: what Is going on. The federal law states, since the 1984 Cable , Act has set forth a formal process for renewal. Prior to that It i' 1 I' was basically the cities had a free hand to require whatever 1 , ! they wanted of the franchisee. There are a lot of restrictions i i ! , 1 I now due to the federal law and they set forth a proposal i ; , I" process for that renewal and what we have here Is the process 1 Ii \ I I. that I think some of you are recalling began about two years ! II! II ago when the cable company came to us and requested that we I i ;i begin this formal process. They could do that three years prior i: :; - II 1 !I' :1 to the expiration of the current franchise. Anytime during that " II' I: I time they can also Initiate or the city for that matter an " /l I I" Informal process whereby all the rules of the formal process ! ' i i ~ Ii , i'" I: 1 are set aside and we try to negotiate a renewed franchise ! j, , I, i I. Informally. Normally this would come sometime early In that I 1 ': I' I , process. However, In this case, we have not received It actually , I [, I:' I :1. the day after or the morning after the final deadline for Ii 'I submission of the formal proposal In or response for a request H I for proposal. Our consultant has Indicated to us that the proper f J! procedure now Is to do what we have to do with the Informal " ,.., I: I ' proposal which Is post a public notice, receive Input, set a p.h., , ,! and go through that whole process If need be. But at the same I '.' f'- I' time we need to preserve the formal process by once again requiring the cable companies to submit a formal proposal and I we should set a time frame for that. I' , , Horow/ls it requiring them to submit a proposal or Is this repeating I- I: the request for proposal process. Helling/ It Is a requirement. We can require a formal proposal. ! : I Horow/ So we can't actually set out another request for proposal hoping against hope that there might be somebody else out there. Helling/ We cannot under the federal law send out a request for proposal to anybody else untIl we have gone through this process of the current franchise agreement. So what we are doing Is preserving that formal process at the same time we " I :1 , ! i : " 'n__..,..",,_.. .. :"j :! , !- - .... , .il, I , I , \.,; " I j,;,.,.... I ':', , ,_' "" ,: . , Ll L ;11 , '," :1, :,,1 tJ ",~" ' / i/j '-" '/1" -_.. . .~- . . -------- ~-~ , , , ;,' t , i < l' , , f I I l ! I I , I I I I I 1 I I #20 page 2 will request that the cable company withdraw the informal proposal because right now we are In a situation and again we have been advised to do this. We are In a situation where othelWlse we would have to be working with both of them at the same time in a very very compact time frame. Had they submitted an informal proposal say a year ago or so we could have dealt with that and the processes can run in tandem and often do and have at least In other communities. Horow! Is there any projections that this might be a process-Is there any suggestion that they might keep us going In both the Informal process and the formal process at the same time to snafu the situation for awhile. Has that been suggested. Helling! Their motivations I can't speak to at this point. I just simply don't know. I don't know. Gentry! I rather not that you conjecture on that rIght now. Helling! All we know is that we were surprised to get an informal proposal at this late date. But we will follow through. The federal law requires that we follow through in a specific manner on either kind of proposal and we will do that. Kubby! When we sent out our request for proposal did we specltlcally state in the cover letter we are assuming that this is the formal process or anything just to make it clear or did we just assume since they initiated the formal process with us that we were in the formal process. Helling! I don't know exactly what was In the letter of transmittal but the formal process had been opened at their request and again we have discussed this all with our consultant. They are faIrly-well, fairly Isn't the word. They are very confident that It was very clear. Gentry! The RFC called It a formal. The one that we initiated. Kubby! So If they responded to It It Is a fairly good assumption that they are in the same process we are and we requested In a formal way that they respond to a request for proposal. Gentry! Well, one might have hoped for that. Horow! But I don't understand then. Kubby! This makes It clear. That everybody is on the same wave length. Gentry!. This will make It very clear. Horow! So this Is not a normal procurement process where you request- Gentry! No. No. No. -"~"_~M""""',"".",,,,,,,,,,_,_,,,,,, _ .-........,"_".._~_....... ----.. .-... i I I , i I i I , i I I , I I i I i i I I I I I I , I J I 1;1 II ii ",'11, . !; Ii III I:: I,i " :r. , .~ 1 " ' ;11 j,; , I: II, ',: , I' II ,i , J I" i I " i. I , :', !. " '\'/' ,.:1 ..,.,. ......- - "'1'~--;. .~.... ~ -, .. ------ ,,:. .-.. I \ '1'1' ILl t' f~l,"" , " ~ :,' ~(', . ,,' 7f ' ~V . . ' \. ' / / , '- 1/ \ " 1 !, , '- --- #20 page 3 Horowl A formal proposal and you don't get a formal proposal back. gentryl The re franchising procedure Is not procurement. Horowl Well, you threw me for a minute because you said the request for proposal said it was to be a formal response and yet we have gotten an Informal response back and so my question to you would be what recourse do we have and actually we don't have any. Gentryl There are two different sets within the federal cable act. And we are trying to stay on the formal process and they are on the Informal and we want to get on the same track and this Is what we are trying to do. Kubbyl So what does this do to our time frame In terms of really having-we are getting closer to needing to move forward more quickly to talk about the substance of what we requested them to respond to and It sound like they didn't respond to much of the content that we asked them to. And so does that mean he Is going to put more pressure or there Is less time with which to negotiate. Are we stili okay. Novl What Is the expiration date on the current franchise. Helllng/The expiration date is April something, 1994. Kubbyl Which Is coming up. Helllngl That can be extended and we have some alternatives under the federal law there too to protect he service In the community. The thing would be that If It Is extended that would allow them to operate longer under this franchise. I don't-we don't know but at this point I suspect that a new franchise Isn't going to be that much different It terms of how it Is operated. So I don't really feel like our backs are against the wall at this point and I think there are some things that we can do to keep that from happening. But it does extend the process farther along, obviously. At least another 4S days. Kubby/So when we do this can we Just ask them the response we got from you from our request for proposal can we now consider that a formal response and they will say yes or no. Helllngl No. What we are doing Is submit a formal proposal. They can choose to resubmit what they submitted or they can submit a new one. Kubbyl Let us hope with the extra time that we gave them twice that It has more confidence In It. Plgottl Thank you. Courtneyl End of discussion. "_--~~,....,..,..."..'"""" ., -LI ......., ~~.~~~,..-- i , I I I I , I I , l, , ' i , I' I: I i ! , 1 ' , I ! 1 , 'I ~ 1,. , I Ii \ Ii . Ii 'iI, Ii' I'~' ;' " "Ii , ~ j,~ . p q. I"!.' ili I:: ,',!, ,'I, i , j, (} . 11 I Ii ,II 1",1 . i:' i{ <. ~. . ,\ . \~ :,",:I.V . ,'. , ~ i '. "I:' . "'(' ,1-' I, 'j -,! :.,': " " '-',." . .., \.", " , ~.1 ,:, " _v-'--___ - ~.. ~ -.;, -. ~--....-- , ' , ' '; : ::1 1 ~t;...l t.r', ~g, , ' ' ~ ' , r i~ !' '. " ,.:' -.......::.'"::-:::::.::..~----.. , ---~ , , #20 page 4 Courtneyl Roll call- (yes) The resolution is adopted. . "_~_"~."...",........:...I"<",,,,,,,,,,,,,,,,,~_,,,>,,,,,,,,,,'"''_'~'R_'_'~''' _....-........l.',""~,,.\..:.... ",.,.Il '".\',....:~'"_,...,,' ..,;".",.:.".-"..,:... ."~",.",,,,,--"-- - . , , ". \ >'!r , , i I i ! I I I I I i ; I i , ;.: ! I II, " ,i ;1 'i ii I ! I ~ -- 'II/fI('" ___-..r'II -~- ~.... '--I.. -r_ -- - -- "'""QIIIIJ.... ... - ..., ' -" ........ -~- , '.' ':, " :1 I LI : ,-," /;-'t' " ' , " . ',' " I ,t ' , '.:' ',.' ,\' ,'.' _. " . / , /" ./ \1 , I, ., , -. --.". "'---+----.--..., ,I #22 page 1 Courtney/ Moved by Horow, seconded by Nov. Discussion. Pigott/ Yeah, if I could. I just wanted to say how I felt about It after thinking about It and after we talked about It at Informal meetlng. I thought about thls, the purpose of the ordInance ls to consolidate and regulate the dlstrlbutlon of the newspapers In a rack on the pedestrian mall only for esthetlc purposes essentlally. That It Is not Intended to limit the distribution In :' anyway but to reduce the esthetic pollution to use a term. And I think that several Issues come up around this for me. One Is " , esthetics. One man's art or one person's art may be another person's junk and so that Is an Issue around this. A second for i I me is constitutionality of the regulation of the distribution of ! I " press and I have concerns about this. From the excellent you " " Iii prepared, Linda, thinking about this and maybe It wIll pass I constitutional muster. That It is narrow enough so that It may d I be Indeed survives constitutional scrutiny. Then there are two . Ii I[ 'jr other Issues that make this a very difficult ordinance for me. il ii " One Is charging for the use of the newsrack. Despite the fact , , /:i' i that this might survive constitutional scrutiny as an ordinance, ", I' 'Ii : ,,;, I feel uncomfortable limiting the right of distribution of the il i.I, 1- press anywhere and In addition to that charging people money r) for the limitation of that right. And If the city Is determined, ,I il.( In my feeling, to limit the right of distribution of this on the ' ' ped mall to certain areas In city owned boxes, then I don't i' '. I know that we should charge the press to limit their right to ' r distribute to a certain area. So In that sense I feel that I have real trouble with this ordinance. And then finally the number " I of news boxes Is an Issue for me. And I understand that under this ordinance the applications would be handled on a lottery /: I basis. If there are more applications then boxes available then : , i; the lottery would occur and the distribution would be handed out according to the lottery until the city decides to acquire " : :t ;! addltonal units. My feeling Is that on such an ordinance like ,i this the city should provide an adequate number. If It decided I: to do something like this, to decide to provide an adequate number of units at all times to every applicant and that the city could take applications before the boxes were put out on the pedestrian mall and order X number of additional boxes If these boxes were allowed to be added on. But because of he way It Is written and because of Its possible constitutional >,1 /' il ,', I I, " ! ....-..-.... " i \'.. .. '_JJIl .It!lIlIl .d.ll ~..........~".. --- ~"'"' ~-" ~--1l;.II. ..-.'............--'~ -- .............'...- - --, -_.~~ ...- .. ...,..... ...---....~-..-;- \ I, - ' , , :I I, Lf, "/ I . :I t ',' l ' , ," I .: '" " '\ .1,. "M "'1, _ ' \, / ('l " " '- .>' '<:-::::.:- ---~-.... --..., --.-, .- ~ , 1; r r " I : , [ i ! #22 page 2 things I find it difficuit under the current wording to support it. Kubby/ Would you want to make an amendment. Gentry/ Could I respond. Pigott/ Yeah, please. Gentry/ Case law supports both the lottery method and the first come first serve basis. It is a polley decision whether you want to have 20-30 year or whatever. I I' " CHANGE TAPE TO REEL 93-93 SIDE 1 Administrative fee, there has been a lot of litigation on the fees because some clties did charge a big hunk of money and it is very very clear and the case law states very clearly that it could only be a nominal administrative fee. That is the celllng. So, it would again be a policy choice whether you want to assess a fee at all. But I feel more than confident that it will survive constitutional muster or I wouldn't have presented it to you. This is only your first shot at it so you can amend away. Nov/ I would like to charge a small fee just for upkeep. I would like us to say our city employees are going to be sure these boxes are cleaned and neat and we are going to do the upkeep and we are going to charge a small fee in order to do that. I really think that the upkeep on the current boxes has not been good. We have said okay, it is your box, keep it up, you repaint It, you remove the rust, and it is just not happening. So I would like us to buy something that is looking non-rustable, etc. and then provide the upkeep on It. I think also this should probably address location of which newspaper Is In which box. For example, If we have a bank of 20 boxes or 30 or whatever the number is, do we say on a first come or first serve basis that a particular newspaper may select the one on the left to the one on the right or the one in the center, or do we assign them? I think this really has to be spelled out. Atkins/ I think that would be easy enough to do. If you go through the lottery and you determine who's going to get them. You would have the second lottery numbering each box and just let them draw at random the same way. Wouldn't that, and each would be numbered In some fashion. I've been guaranteed a i: " ! i I: J:i " " " 'i II I Ii 'i ,I 'I' Ir :1 ) . !i.- \ Ir '. r II _ .\; . I. / I r i I: I :l , I' ' "j \ II , il "I,'" , ,I. , , Ii ,I " I , '''-.'.''.~''..,,~.' "',..,.-' ~" - " ,"" . .. .. " \ ' \', ,~ " .L ':"~"""""r"" ----- -~~~-- ..--.......~\.'........--.~--------qIr , , , r . '. -' -' . , -, ;1 I LI': -'/ I ' ,'...t: ' ' -", ~ ~. ' I . . , ',.' , \ ~ " ~ ,.'. . 'w _~ . ' / ,/ '1 :-'_ :t.- _. ~._ u.~. .~-----, "---~--- ~-, #22 page 3 space. Now I do a second lottery which would determine which space I would get. Nov/ Okay. Does this need to be spelled out In an ordinance? Atkins/ I'd have to defer to Linda on that. I'm saying I think administratively that's. Horow/ That's a guldellne, you don't need that In an ordinance. Gentry/ No.1 haven't read any cases that found something like that unconstitutional. Throg/ Do we have any sense of how many newspapers would be likely to want to use or have access- Atkins/ My sclentlfic method was I went down and counted them and I counted 17 vending machines on the plaza and we are talking strictly the plaza area. I then had our purchasing folks contact a vendor. Courtney/ How many of those were duplicates. Atkins/ There appeared to be of the 17, one newspaper was three times and another newspaper was twice as I recall. Please don't hold me to that but it was something-there was at least two duplications for sure. There appeared to be 14 different publications. Yes. Then when we checked with the possible vendor, hold on to your hats, they are $500-700 per unit and then one of the newspapers we spoke said, and made a legitimate point to us, Is that they wanted a double depth Just because of the volume of newspapers that they sold which can be accommodated In the thing. You can do them all double if you would like to. But it Is an expensive proposition. Kubby / Especially If we decide that there are two places on the plaza. Nov/ We could really set up two locations. Atkins/ You can set up as many locations as you want. What we costed out for purchasing were units of six and you could put them right next to each other If you would like. But that bought the unit, the pedestal, bought an electronic mechanism so we could change the price-weekday vs. the Sunday, there Is a mechanical one which Is cheaper. Kubby / Can you have any price you want. If someone had like an $.11 paper or whatever. Atkins/ As far as I know, yes. I can't Imagine why you couldn't, Karen. Courtney/ Is there a reason why we need an electronic rather than mechanical. They all have mechanical now. Atklns/ They are all mechanical now to the best of my knowledge. , Ii i I J1) i' II II il 'II ~ ! I! ; " I' " " i: '-l! '1"1' " 1- ,,' Iii I:: Ir j "I I II I,i,[ ~ i. , " , i' ii i , I, :! I i I, i",l -~-'------_. ,.: " I , '.')' , !, ,! ~ , . . . " . 4. ' '. ' ';1 I L/ ,,-, , ;:t " ' . ' ~, ,I ' ~ I 1,':_" ,; M" I .'. '_.' ". / /-\ , 1 J, , -. "- "- ~- " ''', -,,' ~ ~ t; f ~ 1 ~ l l , ~ \ l 'I ~ I { ! " I ! #22 page 4 Courtney! [s electronic battery operated. Atkins! I assume so. Could be solar. I don't have any idea on how it works. Nov! Then again, if the battery is worn out you can't buy a newspaper. Atkins! No, I would assume the newspaper would assume responsibility for keeping the batteries fresh so they can change the prices they see fit. Something not an obligation on the part of the city. Kubby! Seems like there are a lot of people in the audience that are interested In thIs. I would like to hear something on it. Nov! Let me hear what your final number was on this. Atkins! Between $500-700 per unit. If you wanted to accommodate the 17 vending machines down there, whatever 17 times that is. Courtney! That is not for a bank of six. Atkins! They come in banks of six, Darre!. That appeared to be the way they try to assemble these things. If you have six units and two pedestals all bolted together in a unit. Then we would have to bolt them to the ground. Now you could line them up really anyway you wanted. But that is how you price them. You can get them in fours, twos. Kubby! Plus humongus shipping costs. Atkins! I think they ship them in pieces that we wlli have to put together in some fashion because when they price the thing out there is the unit, there is a spacer, there is a pedestal, there is a this, there is a that and they charge you for everything. It is a great business. Throg! I don't really know what the procedures are here but can we learn from the audience and come back to the discussion. Courtney! Do we have a designated spokesman for how many entities we have here. I suspect that whole row in one entity from the faces I recognize anyway. Chuck Wanniger! President and publisher of the Press Citizen and I appreciate the opportunity to kind of get in on the ground floor as you folks talk about this. I know Linda you have talked to attorney that I am working with on it has a great deal of knowledge about the issue. I have some philosophical concerns about the whole matter. It seems to me in our progressive city and our educated city we ought to be figuring out ways to get more voices out there rather than to limit the ones that we . ".~...'.,"'.,l' 'd. " ;"" _. . _.....h._ I III I Ii Ii I , I: "1 " " 'I r I. . .ll I W , , ( I " i Ii - P" I 1\ J.; I I I, I I, , , 'I' I, i i I, ). \ ' 1" " ...".". --- ~ ~-----... -;-~-- ~ ~I .... ------- - ..... , ' ! ., :I I ILl ,,-, , (~ " ," , " " ' , I " ' ': .,' \ ." "I " , '~ " .~. . '. / , I" ,/ , . ,I'. '_, .t. ........------....-- #22 page 5 have. But maybe tonight if I Just address the specific ordinance questions that I have some concerns about. I think as It Is written at the moment that the ordinance Is restrictive. Newspaper distrIbutors, and I can speak for myself or any of the others of those 14 or 17, Steve which ever that number Is, we respond to the demand of our readers. We put boxes out there because our readers tell us they want them out there. And I don't think It is the role of the city hall to decide for readers that there are going to be fewer outlets available and It seems to me that Is what your ordinance does at the moment. And single copy sales Is an Important part of the newspaper business. It Is an absolutely critical part of the advertising business. When you are restricting the number of papers I can sell you are restricting my business and I am not sure that Is government's role. Courtney! Let me stop you right there for just to ask one question. Why Is It necessary to have two of the dispensers within eight feet of each other or six feet of each other. Wanninger! Mayor, we can provide you with a list of the amount of papers that we sell and- Courtney! I understand that but why not Just refill It. Why do we have to have two dispensers. Wanninger! We can do that. We call them recovery runs and we can do that. That paper size of a Monday or Tuesday newspaper Isn't too much of a problem. But the number of papers we sell down there on Saturday we would have to have an employee down there almost all of the time refilllng that rack and so there Is a cost factor Involved. Courtney! But you are asking us to have the deeper ones so that you can put more newspapers In. I believe you were the one that was asking for the deeper ones for more. Why haven't you bought your own deeper ones so that you could have more newspapers and just have one of them instead of having two of them right next to each other. Wanninger! The cost factor. The things that Steve talked about. It Is an expensive proposition to buy the larger ones. Courtney! I thought I knew the answer. I Just wanted to get It out. Wanninger! Okay. Gentry! That raises a question that maybe the fee Is cheaper than your rack. Courtney! Let's let him finish the presentation. '_ll - ---"'" .-- I: i I II ! ! Ii; I, I I; d 'i - II II '1' Ii!,' Ii' ~ \ ~ . Ii ",' Ii' I" It :' I" ! n I:; j i (', . Iii : " iI i,.: ','1 "'ff''' . - ~ "1~.-: ~....~~-,......-------~-..-...---- ~~ . -.. ".- ... ~. . . , . ! , .'( I LI' "-I ,1,-" ' ' " ~ . '. . . , 1 . ". -," . ! , ~ " ft . . M ,_. , " / /.. 'I" \ " 1 {, 1 '__n__....._ , ! #22 page 6 II ; k /, I \ I ! i I ! I I f I . Wanninger/ The whoie question of the fees needs to be talked through I think but I also have some concerns about the lottery proposal and I don't know again what the magic number of boxes we are talking about. But I am afraid that the process, and Unda I am not going to argue long with you, but the process concerns me that it eliminates my right of due process. The lottery calls for blind luck. Who gets a box. Who gets to put their newspapers and who gets to distribute their newspaper. Due process I think requires more than that. It Is a judgment that gets Into he constitutional law that Mr. Pigott spoke about. I am concerned about the lottery. I am concerned about a situation In which simpiy by the iuck of the draw we couid end up with no dally newspapers in the city owned racks but oniy weekiy newspapers or only advertising vehicles. I don't think that would be serving the public. I am concerned about the use of the modular unit. There is some case law on that-that newspapers do have a right to identify their newspapers and I think it goes beyond the simpiy addition of a logo that Is called for in your ordinance. Ad finally I was giad to hear some of the logistical questions that you folks were addressing as we got started because I have some as well. The city Is going to buy the racks. I assume they are going to malntaln them. Who Is going to do that maintenance, how frequent will that maintain be. If a rack is defective will we be reimbursed for the lost sales on that day. How quickly can we get somebody from city hall to come and fix a rack when we determine that the rack is defective. How many papers will new racks hold. Again, how will that fee be determined. If you decide to limit the number of newspapers that can be for sale out of your modular units what other kinds of alternatives do we have for distribution. What are the options for newspapers who happen to lose out on the lottery. What is the exact definition of city plaza. It is in the ordinance, Mr. Pigott talked about pedestrian mali. Is there more than that. Are we talking about one location. Are we talking about two or three. I think I am concerned about that because I sell newspapers for a living. Kubby/ Excuse me, would you go back to you last point about newspapers wanting to Identify themselves with more than a logo. Can you give me some specitlc examples. ..."........--..""... ". ',. \... r,- I I , I , ' ! . , , , I, , ' ; : ! ; , i ! i; I, I, I, I, i' Ii f: , ' i! , ' I: I II , 'I Ii' .1)' I 1" i 'I' , , . 1- " 1 i~: i" I U Ii " 'i ! I ! I '; ! Ii " , .' -;............ ~..... -...........- ,---- '1 .---...., ~ - ~ ---r... .. . ~r ,. · ............-._-----~.... -....--\-- ..-......... ;."........,..~--- ---...--~,.,.., , . I . t'" '-, ' " " :/ I, ,LI ,/"', I~ " , ' , : ' , , ' ' I " ,... , . I ~ . '~,' . ' / i:),. - . -, --.,--- #22 page 7 <, , t'. I ! Wanninger! Again, I am not prepared to argue you or state the case law but there have been cases in which cities have tried to tell newspapers how big the writing on the boxes had to be or what colors the box had to be and it was determined that that was not acceptable. That the newspapers do have a right to establish an Identity. Kubby! If someone wanted to paint their box wIldly or something. Wanninger! USA Today might be as good of an example as there is. They have determined that their unique vending machine has assisted in their sales because they designed it that way. And plugging them back Into a modular rack would probably hurt their sales. Then again, whether it is government's role to do that, I am not sure. We are supportive of the need for esthetics d.t.. Evel)' place. In fact we support that. We work pretty hard at tl)'ing to keep our racks clean and operable and we think that it Is important. But I think the focus that you folks are outlining with this ordinance I think it is the wrong approach. I think perhaps a better approach would be to set some requirements. Set some standards. Folks can do that. You can say yeah, a rack has to be of this durability. It has to be clean. It has to be mounted in such a way. That is within your reaim I think. And I think that at the Press Citizen and I think most of my colleagues would be willing to buy into some kind of a operation in which we would assume that responsibllity. We would respond when there are problems. We are wlliing to do that. Nov! Mr. Wanninger, I really appreciate your talking about esthetics. I think there is nobody here who disagrees on that and if we put this in we wlll maintain all of the boxes that are in the plaza that are city owned and we wlll charge you with the maintenance of eveI)' other box that you own which currently are in need of some repair. You think we can count on that. Wanninger! I don't know which ones you are talking about but yeah, we work hard at keeping our racks clean and we have a lot of them and we tl)' to respond when complaints come up. Nov! No. I am not talking about complaints. I really think that you as a newspaper vendor, a newspaper publisher, which ever term you prefer have the obligation to inspect your boxes and maintain them before the complaints come up. I think we don't have to wait for you or I to look at a box and say gee it has some rust on it, I think whoever you hire to fill those . ! , i , I , I I ! i ;, I ,i i I , i I Ii Ii , l ': ;, , :1 Ii, i I il , Ir , , i ,I ! , , \: I: I " I' ~ I 'I I,' , r; I :1 I I , II ji I I 1 I d . I! : " I, ,." " I I I , :: ....-."....,-.....- . ,', " ,. ":". ~,.. ----- ------~ --....-. ~... ~ -'.... .. ---- -------.......~ .... --- ~ ~ ~" . -rf'.... .... -,- - ... - ~ ~ ,..... I" '.' I ; , '.,' :'1- U :,-/ ;";"t' "',' \ ' . ) I ' , I; . ", ~ ~ ',.. ,..', .. . . ':. / ,'. -'I I '" , "" - -~-- ....._~._--- ---'-" ---. #22 page 8 boxes should be reporting to you and we don't have to wait for the public to complaln. Wanninger! That Is noted. We work hard at it and the fact that there Is so much work to be done on boxes on a regular on going basis might serve as an Indication as to how much work there Is. Our fellows estimate that they are down on the pedestrian mall fixing those machines two or three times a week. People kick them In, people spray palnt them. It is an on going process. I think you folks need to be aware of it before you decide to get Into the newsrack business. it Is an absolute on going process and that Is one of the reasons I mentioned my concern about the mechanism. If the mechanisms are jammed, how quickly Is the City of Iowa going to be able to get out and fix those. And If they stay jammed all day are you going to reimburse me for the SO papers that I might have sold out of that rack on a given day. I thlnk- Nov! Who Is going to know that it Is jammed and who Is going to report It. Wanninger! Sometimes customers report It. We get those klnds of calls saying hey your rack here-I put my money In and It didn't work. Nov! Would you be willing to have your newspaper rack filler actually test it every time he fills It. Wanninger! We can work on that approach. One of the problems with my newspaper and a lot of other newspapers Is that some of those people actually don't work for us. They are Independent contractors who buy the newspapers from us. So there are some logistics problems that I have to work out as well. Nov! You are saying that If you own the box you don't necessarily employ the person who fill sit. Wanninger! Not necessarily. Some places we do. In fact most of Iowa City we do but some places we do not. Kubby! I don't have as much of a problem with the esthetics of the box because I want to encourage people who want to put a rag together. If they can find a used box that functions well and Is In an appropriate place that it Is not a safety hazard and they can't afford to buy a brand new box. I want to still encourage them to get their stuff out. Courtney! I think we are giving a level playing field where they can do that. They don't even have to buy a box, They don't have I ; I , " ,I; Ll - -". i I ! i , I; I, Iii I I I I , , II ",: , 'I!.' I II " jl' I :1 I I I Ii , \, i !! Ii ., , " , , ii' i I 1', 1 '" , : i~ [ , ' I ;' I ! !! I. 1 I , , I J, I , I', , , ,I , :1 , 'i , , j , '" .., , " - -- -------- ..",..,.. ..... ~~~, -~-- '-a ..-'...... - - ~ -..... ...........~......---...~ - ~-.....-. ...--.......- -..............- .... .--.......-- \ , ' :. ,",:i{,' .!t;..."/~1. I~ '~:Q,' , '.: ',..' ' " ,..... . . 1 ~, . #22 page 9 to have the up front capital. They can come In with a limited maintenance fee. There Is no Intention of this ordinance limiting the Initial numbers that go In there. The Intent on my part has always been to accommodate everyone who Initially wants these. Now down the line there may come up a time someone will have to walt for that one particular location. The ordinance books of Iowa City are filled with cases of one person or one entity or a few minor Instances creating an ordinance. We are not pointing any fingers at anyone particular newspaper saying that you don't maintain your boxes. But there are those who don't. And It Is unfortunate that we have that happening and we have to look towards any kind of ordinances for those who don't. They are out there. I think you need to-If there was some Intent here to limit the numbers of these things we certainly would be looking all over the whole d.t. But that was never my Intent. We have had cases where these things have been changed up to a pole right on the public walkway, where people had to go around them. Without some kind of ordinance In place, some kind of limitation they can totally get out of hand. You are the only entity I know that can use the public r.o.w. at no cost to make money. We even charge the vendors selling the hot dogs down there an annual fee and you are the only ones that can use public r.o.w. at no cost. You don't pay any property taxes except on the building where you print the thing and some people don't even have to have that. To me it Is a matter of esthetics on the plaza. We have put a lot of hard work and a lot of money Into that plaza and more of these things proliferate. Larry Baker use to say they are like rabbits around town. I think you are going to hear from him again after the first of the year. Plgott/ Are there any on the pedestrian mall In town now that are not In front of the Holiday Inn. Courtney/ You counted them the other day. Atkins/ Yeall, I think there Is two, Bruno, further up on College Street. I can't recollect. As you walk out of the Holiday Inn there Is a bank of ten. behind it there Is five and looking to the left there Is 2 more. That Is 17 that I counted and that was a week or ten days ago. Nov/ As far as I understand this the newspaper machines that are not on the plaza are not going to be regulated and If a newspaper publisher, the Press Citizen or anybody else, chose i! I I , I I i I , I , ___________ _n _ l Ii ~ ; ill: Ii! I ',i 'Ii II T \,.;" I; "tll: 1,1 1,' \1 f: I t , 'i If I j I I. , J, , , "I' ' " "I ,--,- " ~""""1IJII!f///l"'"r ........ --"'1 ---..., -'9\-- ~~-I,...."" -- ~ ....... .....-.~--'...,f'".... ~ \ -' .... _....,...........'..~ \ , , . '. ' . , . , ( , - ,- . ':1 I U "I " ,I~ ' ~ , " ' , " 1 ' ," " , . , I ':-' " .\~ .. _ . _' r.. I / ;: '1 .I.,' '"---....-. ---'-.. ..~ #22 page 10 to say I don't want to be on the plaza they could do that. But we don't have the right to say we don't want any newspaper racks on the plaza. Atklns/ Our ordinance has, Linda has amended it Just recently, stated that we would provide these newspaper racks. We have never really gotten around to doing that. We discussed this a couple of years ago, decided not to. Now it is back again and we have decided to do this. Unda has amended that section of the plaza ordinance and it says that the city-I think is says shall language doesn't it. The city shall provide these boxes. Yeah, the boxes. Doesn't mention the lottery system and all of the other things that Chuck was discussing. But it does mention that there wlll be some uniformity. At least that Is what I implied out of that. Wanninger/ If your question is, Naomi, do you have right to ban racks all together, the answer to that is no. Gentry/ That answer to that Is no. The answer Is clearly no. Nov/ But we do, then, have the right to say newspaper racks within this defined area will be provided by the city and maintained and distributed by- Gentry/ There Is explicit case law on it, a pile of cases. Courtney/ I haven't been there recently but University of Iowa Hospitals lobby had a bank of these for many many years. Nov/ They still do. Pigott/ It is interesting. We just said that there was 17 newsracks out there, right. There are two that are not in that bank of ten and five and that to put In 14 new units would cost between $500-700 per unit. So that is about $7000 or something like that. We are saying that we are going to put down $7000 because we are worried about two stray units. Not counting the additional maintenance and upkeep minus pitifully small administrative fee or a fee that the publisher. It sounds like we are spending a lot of money on a problem that comes and goes on the ped mall. From the economics argue. There is a whole other argument there that you are making about esthetics which is different. But I Just wanted to-it Is worth noting. Throg/ I must admit I am a bit confused by the discussion about esthetics. It Is probably In part because I haven't been here listening to some of the previous discussion. But I admit to some confusion about the reasoning that concludes that , t , \ I: I I " i :! I' !i T " i! :~ , - I " '! 'II: ;'; '1 r: r' , I' ,'; .. " ~! I /, i ,,'/ I I II I i! I , , r , I i I " /{ .. ' , ' \\; "'i , , " \'" " "\: . I' I ." , . , " ,I I..' ',L/ ' r/: '/~t , ,',' ",' , \:. ., M '., C_. \ _v '\,' / ,/'\., 4.' .... '-t '.>:-. -.. -'~._-----.- I I , i ! ! . I #22 page 11 centralized uniformity is more esthetically pleasing then some kind of diversity in racks, in vending machines. So I am a little confused by that. I guess if we would want to talk abut esthetics on the mall we might want to open up the conversation to include more than just the discussion of the newspaper vending machines as well. Might want to talk about, I don't know, the design of specific buildings or what else. Courtney! We have done that through the DR Committee over the years. They have been In charge of- Nov! The DR Committee has also endorsed the concept of modular units over the units. The city council just hasn't enacted any. Throg! I guess another point I would like to make Is that it does strike me that the general thrust of this ordinance despite its intention to attend to esthetics Is essentially to limit or constrict the flow of thought and Information and communication. Courtney! That is not true. That is not true. Pigott! I think the result could end up that way. Courtney! No. It Is not true. Horow! Why would that be, Bruno. Pigott! Because one publication through a lottery process when all of the boxes are filled may not be able to have their publication in the location d.t. Therefore the distribution of their paper d.t. in that area Is restricted. Courtney! There Is nothing to say we can't buy more units when that happens. Pigott! That Is correct but maybe for a week, a month, a year. Maybe the city council decides not to do that ever. Maybe we end up with a limited number of boxes down there because we don't want to spend- Courtney! Not the Intent. Pigott! You are right. That Is correct. That Is not the Intent. Nov! What if somebody decided to put box just past the brick mall area. Pigott! Right but we are not talking about that. Horow! That is very real. Kubby! That Is different than being where people congregate and sit for a while. It Is a real different distribution system in the ped mall vs.just outside the ped mall because we have set up the I I I '__..'_M'_'~"'._'"""."'".,_~,, _.. ,." . .....'..... . - ! I 1 ,I I , 1 , i , , ' ! ! Ii I;: Iii 'I, I!: ' I, Ii, I' , i i "~ . " , 1 ' I , , I .,i Ii (' I' I:; '; I I I .,-r I, , , , -'.,.: " I I i \, - ~~-".~__ -'1 '--, ...- ~ -:,..-- --, ~ ~.., ...... -~ -...---......--- r -..... -,- -' ..~T..y...~~'-'- --..' -~,< - , f " " " , '..' ':/ l~ """',' L/':/ I' ,,' .. '; .' . .1'1, " '," f " V . , . . .' ~ " _ I" / /'], T ......-~-............. -. #22 page 12 Infrastructure differently. We are encouraging people to come gather and hang out. Horowl I guess I have not said anything on this but because I go around each Sunday either to Prairie Lights or down to Randall's to get the New York Times I really do not see the problem and the threat of withholding newspapers from people when we are only talking about the pedestrian mall. I think it appears to me we are making a mountain out of a mole hlli in terms- Pigott! Exactly my point. We are spending $7000 on an Issue which maybe- Horowl No. The other way around. I don't see anything wrong with cleaning up and esthetically having a pedestrian mall have a modular dispensary where everyone knows that Is where the newspapers are going to be. I would prefer to see that than the way It Is now. It looks tacky. I don't think that the newspaper vending machines are taken care of with all due respect to you. Throgl You said right now It looks tacky. Horowl yes I do. Yes I do. Courtneyl There are those that are not taken care of. As I say I am not pointing fingers at any individual. Kubby/As the hour Is getting on there might be-I don't know if there are other people. Courtneyl Yeah, we have one more entity at least. I I urge you getting into the news rack business there is a lot to It. I suspect you may have yourself a headache on the second day you put it in and two years down the road you will consider it an eye sore and you will be looking to get rid of It and we w1ll help you then, too. Thank you. Erin Wolfel I publlsher of ICON and I just want to thank everyone who kept me Informed on this Issue as It has developed. I would like to say first of all that our d.t. rack is where we deliver-of all of our racks, we deliver the most papers through that rack. I want to add a couple of things to the discussion. I think you are vastly underestimating the number of people who are going to want newsracks. Especially when they find out that you are giving them away for basically free. When that word gets out about that at the University you are going to have 100 applications and you are going to end up throwing out newspapers. Possibly where there Is a Press Citizen or I I I ; I I i I I, I ' , j, I' I' Ii , , I I " I Ii I U I: " r I! , i " ii \ I' ,:1 , :\. " I: 'I " '" fi' I, I: !, " " I I I,!, I 1. iiI ;, Ii' I Ii r , I \,1 ;1 " i 'I il . ) ..._._..'.'U' . .._____.....'"_~ ... ., ,_, ". ',.'_' ._..._,_,.., .,~". , ' I " " : ~ "'; .. 1.- '"""...~. I , ' \,! " ...... ~ "1~-:--~"" i / )' " , , , ~ , >. 1 ~ , , ! I'~ ",' :1 I' - 'u ,t4, ',:(' ',' " ': " , "I ' , :. " M:' ,'" _', _:: , ' / :,. \], . - -...--- '- -- , #22 page 13 ICON where they deserve to have a volce In the heart of Iowa City and I think that will be unfortunate and you are going to run Into expenses changing the logos and the paint and so forth every time you have the lottery. Another thing, I find It hard to believe that the city would want to spend this much money on something that I think could be handled In other ways through working with the newspaper or other types of ordinances which could limit the number of racks within a certain radius. For example, 150 yards. Horow/ Have any of your reporters looked Into the history of why we are at the point where we are. I mean we have been dealing with this since 1984. Citizens asking for this. Observation of what Is going on. That Is one question. The other question I have for you Is what are the other newspapers that you are making reference to In the University. Are you In competition with these right now. Wolfe/ These are necessarily newspapers that exist currently. Especially since the ordinance as It stands does not define what a newspaper is. For all I know by that ordinance I could write something down on this pad and fill out an application for that as a newspaper. There Is nothing In your ordinance that says I have to deliver It every day or every two weeks. And I think that you will find especially a lot of the political organizations at the University as well as outside of the University would love to have a box. Nov/ That Is a valid point. Would you suggest that we define a newspaper as something that Is published on newsprint on a regular basis, contains a minimum number of pages. How would you go about It. Wolfe/I think you would run into constitutional trouble If you tried to do that. I think the best thing to do Is not to do It at all. Gentry/ Yes, I would agree. I would like to make a comment. Are you finished. I would like to make a comment. There have been a couple of suggestions that we regulate news racks themselves, either on the city plaza or on pubic r.o.w. I think you need to know from a constitutional standpoint we are going to be on much shakier ground when we try to do that. This Is a much firmer ground to be on. I Just wanted to let you know that ahead of time but that certainly Is your option. ...-...-......-.-.,.. ---.-....-- I I , , , ! .I j I ! i , , I , I i: j , 1: i: I I, I I I ! I I I , , I ; I i I I I , l .'..",: )', . I i) ., il'; Ii I ii I I r r , II oj_ ~ ~ - l i ~ 'j 'I' ' i' ',;'{ " I, :J I) il ! I "I , ' , ,I i'. ~".: ,/.;: ,I I " , ii " , I ! ' I \,' , \\1, ~ ...-~-----..-;---~..... ~ .;J....... - .--- .~..... ... 1 :; I, , --- - ~lf" ...~-- y .. -. I ~,,', :! I ',Ll' ' t'" 'ZI ,," " ' ' , , ^' If, l! ' , , . ~ ',~' , . -. -', / " '" , " '_.~..~._,~---. #22 page 14 Tom Hunter/ I think Darrel you refer to my newspaper box as junk which was placed In front of your place of business. Courtney/ I didn't refer to any specific box. Hunter/ Okay that was my- Horow/ What do you publish Hunter/ A newspaper called Noggin which has been around for about five years. I had a newspaper box on the pedestrian mall and at the time I put this In I checked it out there was no city polley at all. Although there was a number placed on the back of my box I found that my box was seized without any notification at all. When I called the city up they said that the assumption was that my newspaper was defunct when the reality was that It was very popular and that I would distribute 200-300 copies right there and I could stand there for an hour like-I would always print on a Friday night. I could stand there for an hour and watch all those copies go out. So I think it Is a mistaken assumption but just because something Is empty all of the time that that means it Is defunct. That is also a sign of good business if this newspaper Is moving. One of the things they say is that total bans are not constitutional. Any newspaper that loses out in the lottery has been given a total ban so they have been denied their first amendment right. The other thing Is a lot of start up newspapers come and go. Like the Mercury Is a problem that they had left their newspaper boxes. But you cannot predict any newspaper that are going to start up and just like people have been saying that it Is very likely that the city is not going to want to purchase additional boxes. So that you are In effect limiting new start up things as soon as they are filled up. In any lottery it is very unlikely that the Register or the Press Citizen are going to be left out. If they fell out of a lottery one knows that In a city this size they would be Included some how and it always turns out that the little magazines such as the Iowa City Funnies or Noggin or ICON are left out and I think when you talk abut aesthetics which you are saying Is that free speech is unsightly. I know that sometimes when people disagree with the content of a publication they seek to find back door ways of limiting its availability. I can say in having put out a newspaper for five years that the pedestrian mall gets out 90% of all the copies that go and It Is a central location and If you want to try to limit us to external spaces then you -.... _.......~.. JIIIl1j ,....,.-.-...-; \ __h-. '__C" I I I I I I , i \ : ; , l,r I': Ii I I I I ' I, "I' ii I: ,i I:;, !'i ,.:.. I) ,.' '" i I': il f[ II I:i ',I I I " Ii ' II I", ,i , " 1 ;{ , I i .' , ,', , , ,-' I / "', I,' , , ','J Id _ ""' ',~ I'" 'IJ " I ,U 0, ',_...., ~ . ~ . "N. " -,' . _ , ,I . / / I ~ ~\ " 1 I, 1 '- -- .._---... ---. ;. -~_h", .. ~ #22 page 15 are basically killing publicatIons. And I think that It is a bigger Issue than you want to start with, For example, the price of these thIngs. So, my point Is that although this Is not a perfect solution now, having fairly avallable spaces, the whole pedestrian mall for newspaper racks. My point Is If you Ilmit them to where they are then we can put our newspaper boxes there. But when you try to give us something which Is " , ! Independent of that saying you have to buy from us, I think ! that Is stepping over the llne of the first amendment guarantee. I, " And that Is really my point. :1 i. Horow! Mr. Hunter I appreciate your point of vIew In terms of I ; I asking whether or not we could compromIse as to a location for I j { I ;'1 all of the vending machines. It seems to be-I hadn't really I" ~ I: " " thought about it. But It puzzles me as to how you would then II I accommodate In that area. If we had just so much space It I ,I, , If seems to me-It made more sense for a modular simply because I Iii you could go up or you were more compact and I am not sure i' ,I Ir :: how I would accomplish what you want. I: 'I I: 1; 'Ii, Hunter! I think an Ideal solution Is for you to get persons with I' ,:: . I: I q - ,.! newspaper boxes to Imitate the Shape of the modular. Meaning 'I ,,' I I r: If you say we can fit as many boxes In that one particular area '.r I' I I' next to the fountain. Maybe we can fit ten In the width there Ii ' I '., . " and you say these wlll fit here so you put your boxes In the I ,Ii' "'I, " shape of our modular thIng, allow us to maintain our own boxes , as we do now and It that overlaps that then perhaps you can I' I set a second place where people can Imitate the Shape of your modular units. To me that seems so much more logical to allow I I i" us to fit Into your space needs rather than going to the extreme I: I step of providing containers just to locate these things. Really I all you are saying Is that you want to control of these. You are not saying that you mind the boxes. Horow! From my poInt of view I would be more interested In I guess I i the word Is control. Control the tidIness of the area or maIntenance of the boxes. How would you accomplish that. Hunter! TidIness Is a real slippery word. Do you mean that the paper that comes from having a newspaper when It Is like advertising Inserts fall out or do you mean the external quality of the boxes, In many cases these are metal boxes and things i' Ilke rust.it Is a really difficult thing to say. If you are going to say If your newspaper box has measurable rust on It then you must repaint that. Rust Is a very small quantity. i " .~ , I I",. , , d ..._~._..-..~ '.' -, ...........,...' .~ 1J ..JIiIJi1{: Ill' , (:.1 --. - ............-~--- -J1iL---,.......~ ...---~~...,........... ...... ~"'1----....-, ~...... ~ ....~.'_.... l~ ) , , t _ ,/ I U 'L I ,C,:, ' .' : ':. " , , . 'I r tu '.' . M' "" _'" ~_.: / I.-j , .. .. .--" .........,"'--, ----" i I I I I ! ! , I I I I ! I ! " " i ! ,\ ! " " 1 I I I . #22 page 16 Horow! Since I am dealing with a word smith here-the point remains that we d 0 have a reasonable need for public, safety, health, appearance In an area that Is a pedestrian mall. In the best of situations how would you suggest that we go about. Hunter! I have stated It. My point Is you designate one or two spots which have the physical width to accommodate the boxes which are already there. You say that we will allow one set of boxes not to exceed the width of the central planter right next to the fountaln. Designate a second spot within the mall where you can have a horizontal width to accommodate the boxes which already exist. And for me that seems to be very simple. Either you have the boxes put In one space by the modular units or you tell them they can go In one spot and we put our boxes there. Courtney! You have just stated my original Idea on this was was to build some nice wooden cases that people could slide their own Into and It would be much more compatible with the mall than even what the city manager came up with. Hunter! But you are getting over complicated. The point Is not to create a location. It Is just to designate a spot. Pigott! And you are saying suggest they put It there because you want to IImlt- Hunter! No, I would say as you said, you are providing a public easement for us to do business. I would not feillnhlblted If you sald within the pedestrian mail this Is where you can put your box. For me that seems to be a worthwhile compromise. But the other point Is you are telling us we cannot put our boxes there. That Is very different than saying you have a box, put It here. That Is a very big different thing than you are saying we are going to provide this Infrastructure to hold your machines and you know, with the Idea of us providing our own boxes. You provide the limitation that people have to buy a box. So that Is a flnanclallimltatlon there that kind of provides a threshold. You kind of control the people that are smaller publications that way. So my point Is It Is stupid to create this huge Infrastructure of boxes that people have to run with you and create all of these complicated problems. That If you just said change the law to say the city will determine where newspaper boxes are located and not have any reference to the numbers there because where does not In any way access point of free speech unless you are talking about denying us a place '".;..~. "-'--'-"--"""'.'~"~""""'.. ,.;. ....", . ---'I 11II1111 .1111. . : , J: ~ i i! I I , , , I ' j , , , t : i l j l j I :' I. ,. " I I I I , ; I if I; t.) !': it H I' , '1: ! I I J II. I I, , " ,{ , r' )' ":.~ 'fIIIIf"''''' ~-~"'1---...- ~-.-~ ,,~..I,......- f' . \.' - ' , .. , :;,,1 L,' , rl: ,Is:,' ,',' , I' " J: ,fry - ;'.,t . ' " ': " ~ . - ~., . / , //\ " 1 ~~. . , '~ -----. #22 page 17 , \ ~ t I I ! where we can sell our newspapers. Pedestrian mall I think we could produce data to say that this Is the place where newspapers sell and within the pedestrian mall I think you are within your right to say we will create the Imitation of a module by putting all of the newspaper boxes In one location. I don't see how that differs to much for you providing. You know people are going to have maybe boxes that have some rust problems but I think If you add up these concerns for esthetic things you create a tremendously bigger problem that you can by-pass by just saying put them here. Pigott/ Are you suggesting that the city could or you would be willing to allow for the city to say not put news boxes In certain areas on the ped mall or- Hunter/ Just having an agreed on place inside the ped mall so that we can change our boxes to each other. Nov/ We have been talking about agreements and mutual respect for years without getting it. You know we are at the point where we have heard this before. Hunter/ I'm not certain but that there are some failures of people to keep up their boxes, but you are digging Into a hornets' nest that I don't think you need to. That's the point. You are limiting so much more than you planned to that this Is a sledge hammer to put in a little tack. It's so much overboard for what you Intend. And I think you're going to get Into constitutional questions but If you just limited locations, just say we'll put you right next to the fountain In as many places will fit that width. We will choose a second spot where they will go. What's so hard about that? Nov / I'll play devil's advocate. What If all of the locations next to the fountain have been taken and we tell you your spot will be over yonder. Hunter/ I think that is something that can come with a little history. People. who have seniority, you can say the original time lottery, but people who have seniority can get the better spaces. I think that's very natural. Pigott! It sounds like it's almost dupllcatlng the ordinance, whether you box. Hunter/ I think we're not worried about so much where in the pedestrian mall we are, just so long as we're in the ped mall. But we don't have to go through this intense experience of going through your boxes with all of the potential problems of I I ! , ! , I i: , , I, I I' I I: I: I: I ji I II l: i" " I II: II , 'I ' I "I ,I I), I:: ' I.' 1\ I' , Ii -. \ '/\:: ! 1:'1' i: II; , 'I ,; I '; ~ -" j:l I, " 'I ;\ II I , I ..-.-....._--~-_.._,,,....,_.......,.,....,.-.....~ ,.' .,'. , \,.' . --'U_ "'....,... ....,,,. \-.! ...... --"" --~. -~--- ~ ,,-,J....... --.......... ~... I .' :/'/ ~LI' 'f,I..7l " ' ,," \, - J I "7l ~ '. . ~ ~.' ',' OM '. . __, \. R . / /'1 J, , -'- " #22 page 18 upkeep and control of those. Also us worrying that city employees might have keys to those and potentially Interfere with our profits. A lot of things can happen. You know, there's a lot of concerns that we would legitimately have that you can skip if you Just place the boxes in a certaIn locatIon. Courtney/ I think I'm going to resent that comment about city employees in particular when yours was free and there was no money in it anyway. You shouldn't be concerned about city empioyees stealing your money. Hunter/ My was not free. It was a quarter. Courtney/ I guarantee It didn't work most of the time because most people just opened It and took them. Steve, did you have something on the. Hunter/ That's anecdotal evidence and that really does not apply in any specific situation. Courtney/ You started to say something a little while ago. Atkins/ About four years ago, or three publishers ago, excuse me Chuck, I'm not so sure. I always wanted to say that to somebody in the news business. Several publishers ago when we were having this debate we discussed the possibility and the newspapers had said they were going to do their best to regulate themselves and at first it was going rather well. The spot that Jimmy was talking about we were going to build a wooden frame work, attractive, study and stained to match the rest and the boxes, then, were going to be fitted. Boxes owned and to be operated by each newspaper. We had made that locatlonal decision and it seemed to be acceptable to ail but one of the larger newspapers. And they chose not to participate. We appear to be coming back to that. That in fact if we can construct something out of wood, make It attractive, where you can satisfy the esthetic questions that I am hearing from you all and you can satisfy the location. That is controIllng where these things are to be placed so they are not in the-and there are locations In the pedestrian mall you cannot place any kind of obstruction-fire lanes, etc. It Is not a difficult decision but It is something that has to be considered. I hear from the discussion we are coming right back around to that. Gentry/ Sounds awfully famlllar. Atkins/ The question was not all the newspapers were wllling to play. Now we are down to saying not only wlll you have to '- i ~ ~I' --'-" .-- , ) , ! : , , I: i' i ' , j' I' I i' I' , ' I I: , i j I i I I ! ! ! i , ' I , Ii Ii I"l' - if - II; i: ii Ii 'I. 1. 't! ':, .., :,,' li:.- !,: I" " .," .j 11,_ ,Ii:'; ~ ::', :r I ,':',:~I .t4 Et . ,',' , , , / / ,>"'] , " ''1/ "" '~-~~--...... ___h'.. >_._ #22 page19 play but here Is where It Is going to be, this conversation Is over with. Courtney / I am not particularly crazy about spending that kind of money. I just found out this week after this thing already got put together what the price on these was. I am wIth you Bruno, I am not particular crazy about spending that kind of money on these things. Nov/ If we had done it ten years ago when they were a lot cheaper. Atklns/ However, It Is In our exIsting ordinance that we will do this. It has been there for years and you have chosen not to do It. Courtney/ I think if we could come back to that point with this wooden rack thing where they could put their own In and satisfy my concern and several other people's concern about the esthetics down there. I get hammered on this thing all of the time. Atklns/ If that is the case and satisfying the locatlonal thing and building some sort of frame work. Newspaper racks on the pedestrian plaza out side of that environment we notify and they are out. That Is where they are going to go. Courtney/ We are stilI going to have to have an ordinance of some kind. Atklns/ You are going to have to give us the authority because then you haven't accomplished anything. Courtney/ We just need to make it big enough to accommodate people that want to slIde their rack Into it. Kubby/ I am not Interested In doing anything to regulate newsracks. Throg/ If anyone has any wood In their house you know how It wears. As much as they could do something well designed it Is going to be rattler in a year than anything we have got. Atklns/ No, it will not. I promise you that If we are going to do this thing we are going to do it right. This debate has gone on In my life time here and four publishers ago or whatever. Courtney/ Do you have any-from your legal thoughts do you have any problems with going that direction with the wooden situation and them using their own. Gentry/ No. if you take out the second sentence In our ordinance and go back to the first sentence you are I I I ; , , , i , I iil II 'I - Ii I'I, 'I' . 'II,' " I", ;i . I; ,\ \\ IY I jl: :.( , "li,I, I I' i': I CHANGE TAPE TO REEL 93-93 SIDE 2 '. , .., I _..-.......M..,,,...,..."'~.._.. '_"....,"~",.".....'. "_,, (',i' " :( I, , ~ " , , \',: --~~--- ""'IIIt"". - - "'" ---, ....- ~ ;"_.' ---- , ' \, " . r' .' :'1 I L./' t" ,,0 - " ", ,.. II~, . ~! 7' 'U ' , I.:' ',,;. ~ " '_' " '... , . / , "" '/ " I \ "-., ----:.:.-----...... #22 page 20 The city wlil make available at a reasonable cost. Well, I don't lIke-it can't be reasonable. It has got to be administrative cost. Based In the city owned newspaper dispenser units on city plaza. Now you are talking abut making the units wood. Horow! You are on #2. Gentry! I am In the- Courtney! Well, I think I would be In favor of deferring this thing for a couple of weeks until we can talk about It and draw up some plans for a little different approach than these $600 jobs. Gentry! Do you want me to try and redraft anything on areas Instead of modular units. Nov! Yeah. Well, we could say within the mall newspaper racks will be designated In city approved areas only. Gentry! To pass constitutional muster you stIlI have to have a procedure that Is fair. I mean you can't just say- Nov! I think the procedure Is not the real problem here. Gentry! With this gentleman's suggestion If you designate a certaln area it Is finite. It Is only so many areas. Horow! So many locations. Atklns!But doesn't It have to be finite. Remember the example down In front of the courthouse. Gentry! In terms of a constitutional rule there Is absolutely no problem with It being finite. But In terms of addressing lIke Bruno's question, It could be finite. The regulation Is not unconstitutional because it Is finite. But In trying to address your practical terms the area wlil be finite. You can only get 20 papers In there. Horow! What were you saying about down at the court house. Atkins! In front of the court house there Is a bank of newsracks right on the street. I mean clearly In the publIc r.o.w. And a judge called me to explain to me that that was obstructing the view. Of course when a judge calls you to explain those thlngs- Courtney! Right after the judge called me. Atkins! The judge called the mayor and shortly there after when I hung up and the mayor calls me to say he got the call from the same judge we contact the newspaper companies that were represented there as best we could and there was those that we could not find. But we contacted them the best we could and Linda's advice In walking through the procedure, we moved them all. So It wasn't finite. We made that decision that we decided what was finite at one time changed later on. , , , , , I , , : I; l. I' I; .1 , ' , "1,..",..--- '--'_.'_."'A~"""_~h~' '~,. .....,... ';:1.. - , ,j I , i , I I ! i Ii! 'I I II ,! I I I F 11 , I Ii ~'. Ie' 'I' :l' Ii" . ~~ - ' i , !l , ',I. " ' :1 , I , I : '/1,;') ! iI [, " , ~ " ~~ 'II/IIf//f"""" ...... ~""' ~, ~-- ~ ~-.I ..... -- ~ -- "'QIIf" . , ., .LI L1 I~I" " . ,:/ I I' , ' ,. '. J. t ' , , ': -. 'f '" "'_' ~ -., . / .. ../"'1 '! . ~, #22 page 21 They had to be moved because they In fact were obstructing the view. Nov/ The view of what. Gentry /Trafflc. Courtney/ The driveway coming out of the court house. Nov/ It was a safety Issue- Atklns/ Clearly, it was safety. Gentry/ Safety and traffic. Atkins/ But also It was a question of the use of the public r.o.w. where we had liability exposure for allowing those to exist and In fact they were obstructing the view of the drivers. Now they were moved. Gentry/ We can tackle the entire city public r.o.w. but it Is going to take my office months. Courtney/ No desire. McD/ Did you want to defer. Do they need to withdraw their original motion. Courtney/I have a motion of Horow/Nov. Horow/ I would be revoking my motion. Courtney/ Go ahead and take your best shot, Susan. I just have some concerns with the cost here also and I think If we go back and talk about a little different design here. Horow/ I think you are doing a bunch of bandalds. I don't want to retract. If It fails, It fails. I think we are going to have to face the music If it fails and deal with people who want to persuade us one way or the other. Nov/I am really In favor of doing some regulation but I think the expense of these things Is something we have not thought about before and it couldn't do us nay harm to defer It for two weeks and think about something less expensive. Courtney/ So you are withdrawing your second. Nov/I really want to do It. Pigott/ I will second it.... Nov/I think deferring is not requiring withdraw of the motion. We are saying we are just going 0 put it off to another time. McD/ You are saying you don't have to withdraw the motion. Nov/I say that you can continue it for two weeks without actually withdrawing. Gentry/ We don't agree. McD/ We don't agree. Horow/ Susan hasn't withdrawn the motion. I i , j '.'..-.........,.:.., t. I --~------- Ii .- I I , I i I 1 ! 1. , , I , , ' 1 ! ~ 'I i I I ; ," " i 1'[1 Ii .Ii iill, ;[ . II' , 'i I. '. ,;11.,' 1\ ~' H : ti I' I , .. , I .,'" I.,' ri ,\ ,. " , i i, -Jr. ..... ~ "1-~-: ._~"".'-.w. -,-....- ....' ~','- " '/'1. . I :; I -] ",', , I " 'I' ~: \ j ',( "", I I \ , , I" '- ' .' . :1 I U 'LI " t' ' , I', J I . ' , ' , : I. ,_ . " ~ I - ~ , ,/~, .'~ ~ , , -'. - -:-::.;.::..::_~~----.- .... i I l I i I I I i #22 page 22 Atkins/ Linda, doesn't a deferral motion takes precedence. It does not McD/lf it does we have never really operated that way. I can tell you that right now. We have always asked for withdraw before we make a motion to defer. I was always the Impression that deferral no-did not override the original motion. That a motion to defer- Horow/ I withdraw on this but I do not want to let this subject drop. I do not want- Nov / I want to hear what Linda says. McD/ Do you want a motion to defer. Gentry/ It is not a privileged motion to defer. Horow/ Are you going to make a motion to defer. McD/ I will make a motion to defer. Courtney/ I don't have a withdraw on the second down here yet. Now I do. Have a motion to defer for two weeks. McD/ Hold it. I didn't say two weeks. Courtney/That is the motion I asked for. McD/1 am the one making the motion. I was actually thinking about, while we were sitting here going through this discussion, I sat through my first discussion on this subject in 1984. It is true. There have been several subsequent discussions since then through the years and we are stili about in the same place as in 1984. I was actually thinking about deferring until about 2004 instead of 1994. Courtney/ It has been moved and seconded (Nov/Horow) to defer for two weeks. Discussion. Allin favor (ayes, McD-oppose) Motion passes. I I ~ . ._--.__.........,,"~........ ,-, ~,.' ...;.-.,...... .,..,,'., - --.-...-- . , I I I i' , , , ! 1 I I , , :i ~ I - I !: i j ~ \i' i. 'il: J I Ii ~ I f\ _ /" I .,:;l' ",- : I " 'I ' ' I. I', , ~; : , I , f" : " ,I 'I; , i, .f , :1 , t 'i \,! " ""Iff" ____ or- I I i'!"--" ..,~-;----,..,.... , , r "I' U ti' ,'] " , .- '.. " " : . ,I. I ' " , t., J' . , , ~ ,- " . . .. ..,.... . . . ..: 'M . / 1/, I' 1 , J, , ., <>~"c:.o::::_~___~._ .- , City of Iowa City MEMORANDUM DATE: November 5, 1993 TO: City Council FROM: City Manager RE: Work Session Agendas and Meeting Schedule November 8, 1993 NO CITY COUNCIL WORK SESSION Monday November 9, 1993 6:30 - 7:30 P.M. 6:30 P.M. 7:00 P.M. 7:20 P.M. Tuesday City Council Work Session - Council Chambers - Review zoning matters - Council agenda, Council time, Council commi~tee reports - Consider appointments to the Board of Adjustment, Board of Appeals, Oesign Review Committee, Human Rights Commission, and Parks and Recreation Commission 7:30 P.M. - Regular Council Meeting - Council Chambers November II, 1993 HOLIDAY - CITY OFFICES CLOSED Thursday November 15, 1993 4:00 P.M. - Monday Meeting of City Council with Johnson County Board of Supervisors - Council Chambers Separate agenda posted November 22, 1993 6:30 - B:30 P.M. City Council Work Session - Council Chambers Agenda pending Monday November 23, 1993 7:30 P.M. - Regular Council Meeting - Council Chambers Tuesday PENDING LIST Appointment to the Mayor's Youth Employment Board - November 23, 1993 Appointment to the Senior Center Commission. December 7, 1993 ..--.-....-......-..........'H,......."'........".,.. ,,~.. '.. " I.,....;.':. . - --.--..--.. I' " i , ' I, , , , I. 'I, i i , I ,[ I' I J I I , I il 1, f: 'II 'I' I , Ii I , 11.,'11: " "'I' 1: :\'-:- 'jl" ,I' II" H ;'1 ' r; !' ,It:, I 1-. ;j, i , I , ' i..