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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF NOVEMBER 9,1993
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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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)
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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.
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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.
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Agenda
Iowa City City Council
Ragular Council Meeting
November 9, 1993
Page 3
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, '13 .2q~ I
; (2) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF
,
! CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC. I
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, 9033E. PROJECT NO. IA05.E022-G20.
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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 ; ,
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program, but is intended to maintain the number of units in the i!
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program at tha current level. This extension is essential to the "
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continued operation of the Assisted Housing Programs now i ,
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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~
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9033V. PROJECT NO.IA05-V022.015. " !
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Comment: The Annual Contributions Contract covering the 246 ! i I;
I units of Saction 8 Existing Housing Vouchers has a termination II :
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date of April 30, 1993. for Project Numbers IA05,V022.002 and :i I,
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007. HUD has offered to renew the projects to April 30, 1998. , :,.
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Project Number IA05,V022.015 will replace the expired projects :; j
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and, therefore, does not represent any new vouchers for the ,0 r
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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:!' ,
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continued operation of the Assisted Housing Programs adminls. ,"
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tered by the Iowa City Housing Authority. The meximum Annual 'I
t
I Contract Authority amount will be $1,238,711. :~
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~3. 2.'1' (4) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF }
; AMENDATORY AGREEMENT #7 TO ANNUAL CONTRIBUTIONS ,
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CONTRACT BETWEEN THE CITY AND THE FE,OERAL GOVERN- ,
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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.
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Agenda
Iowa City City Council
Regular Council Meeting
November 9, 1993
i Page 4
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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
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, 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
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9033, SECTION 8 RENTAL CERTIFICATE PROGRAM, PROJECT I
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, NO.IA05-E022-019. i II ,\:
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Comment: This contract provides for 25 new Section 8 Rental I!
,
I Certificates, 20 one-bedroom and 5 two-bedroom units. The . i
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I Consolidated Annual Contributions Contract KC9033 covers all jl. H
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527 units of Section 8 Rental Certificates. This contract repre- " r,
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I sents an increase of $127,390 in the Annual Contract Authority , ,
to $2,575,372. The award carries a maximum increased Budget ,
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Authority of $636,950 over the next five years. '.'
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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
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GREEN, PART XII. l I , ~
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Comment: See Engineer's Report. ,
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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. ,-
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Comment: See Engineer's Report.
f. Correspondence. ";
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(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
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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)
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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.
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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
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#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.
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#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
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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
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#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.
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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.
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#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).
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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.
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Action:
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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 (!.. {/ (../,
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Agenda
Iowa City City Council
Regular Council Meeting
November 9, 1993
Page 7
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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.
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ITEM NO.5. PUBLIC DISCUSSION.
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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.
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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.
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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
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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
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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.
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#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.
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lowe City City Council
Regular Council Meeting
November 9, 1993
Page 9
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ITEM NO. 11 - CITY COUNCIL APPOINTMENTS.
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a, Consider en eppointment to the Board of Adjustment for a five-year term
ending January 1, 1999. (Ernest Galer's term ends.)
Action:
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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: ,
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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
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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.
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b. City Attorney.
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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. '
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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
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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
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#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
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#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.
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#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-
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#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
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#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
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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
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#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.
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#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.
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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
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#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.
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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.
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#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.
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Agenda
Iowa City City Council
Regular Council Meeting
November 9. 1993
Page 11
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(2) That the 1993 CDBG Budget, as amended, be approved.
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Comment: The public hearing and approving resolution on this
item are Items 8 and 9 on this agenda.
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(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.
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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.
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ITEM NO. 16. CONSIDER A RESOLUTION ACCEPTING WORK FOR T E 1993 PAVING ~
q3- lq\1 ASSESSMENT PROJECT.
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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:
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Comment: This Resolution continues the assessment procedure.
Action: ~ J YlL( 11
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#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.
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#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.
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#15 page 3
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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.
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#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.
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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
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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~
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#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.
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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
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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.
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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
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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)
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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.
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Action:
ITEM NO. 23 - ADJOURNMENT/ .1) J /
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#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 ! ,
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Act has set forth a formal process for renewal. Prior to that It i'
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now due to the federal law and they set forth a proposal i ;
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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
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the day after or the morning after the final deadline for Ii 'I
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for proposal. Our consultant has Indicated to us that the proper f
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and go through that whole process If need be. But at the same I '.' f'-
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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-
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Helling/ It Is a requirement. We can require a formal proposal. ! :
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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
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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.
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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.
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#20 page 4
Courtneyl Roll call- (yes)
The resolution is adopted.
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#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 "
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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
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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 /:
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out according to the lottery until the city decides to acquire " : :t
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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
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#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.
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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
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#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.
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#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
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#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.
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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.
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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
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#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
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#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
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#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
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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
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#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
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#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.
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#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
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#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 " , !
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that Is stepping over the llne of the first amendment guarantee. I,
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accommodate In that area. If we had just so much space It I ,I, , If
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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.
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#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
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#22 page 17
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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
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#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
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#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
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CHANGE TAPE TO REEL 93-93 SIDE 2
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#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.
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#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.
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#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.
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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
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