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HomeMy WebLinkAbout1974-02-13 Bd Comm minutes- DATE January 31, 1974 MEETING ATTENDANCE REPORT FORM DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING: Board of Electrical Examiners STAFF PRESENT: Paul Bowers, Electrical Inspector OTHERS PRESENT Earl Eyman, James Hynes,_Edwin J. O'Brien SUMMATION OF ACTIVITIES: The Board met and discussed the amendments to the National Electrical Code, Second Draft._ The proposals discussed will come to the Council in a final This is form sometime within a month. to update our administration section plus some changes in amendments to the National Electrical Code. Respectfully submitted, Paul Bowers Electrical Inspector /drs 0 0 Iowa City CATV Committee January 7, 1974 MEMBERS PRESENT: Blum, Cordier, Ehninger, Eskin, Hubbard, Prediger, and Welsh MEMBERS ABSENT: Russell STAFF PRESENT: Bill Neppl GUESTS: Pat Anderson The meeting was called to order at 7:35 p.m. The proposed agenda for the meeting was as follows: 1. Showing of video-tape 2. Discuss corrections -to Ordinance Provisions 3. Discussion of projected time schedule with Mayor and Manager 4. Proposals fora private franchise ordinance 5. Break-down--of--workshop committee There was a discussion .on the corrections to be made to the December 10 draft of the Ordinance Provisions. The corrections cited in Rev. Welsh's letter of January 2, 1974, to the Committee and other corrections were made by general consent. It was decided that the Ordinance Provisions would be re -typed and dated.January-`711974; made a part of the minutes of January 7, and forwarded to the. -Council. Dick Blum suggested and it was generally agreed that_. persons who have suggested revisions or additions recognize that they could at such time present a final report to the City,Council, submit a minority report, or if they got five persons to'sign a report, it would then be included in the report to the Council. Hugh Cordier presented a video-tape entitled, "The Future: Cable." The Committee then discussed the procedure to be taken in drawing up an ordinance for a"private franchise. Copies of the Ankeny and Boulder ordinances will be distributed to the members for study and use in suggestions for a private franchise ordinance. C 4' Y MINUTES 0 Iowa City CATV Committee January 7, 1974 MEMBERS PRESENT: Blum, Cordier, Ehninger, Eskin, Hubbard, Prediger, and Welsh MEMBERS ABSENT: Russell STAFF PRESENT: Bill Neppl GUESTS: Pat Anderson The meeting was called to order at 7:35 p.m. The proposed agenda for the meeting was as follows: 1. Showing of video-tape 2. Discuss corrections -to Ordinance Provisions 3. Discussion of projected time schedule with Mayor and Manager 4. Proposals fora private franchise ordinance 5. Break-down--of--workshop committee There was a discussion .on the corrections to be made to the December 10 draft of the Ordinance Provisions. The corrections cited in Rev. Welsh's letter of January 2, 1974, to the Committee and other corrections were made by general consent. It was decided that the Ordinance Provisions would be re -typed and dated.January-`711974; made a part of the minutes of January 7, and forwarded to the. -Council. Dick Blum suggested and it was generally agreed that_. persons who have suggested revisions or additions recognize that they could at such time present a final report to the City,Council, submit a minority report, or if they got five persons to'sign a report, it would then be included in the report to the Council. Hugh Cordier presented a video-tape entitled, "The Future: Cable." The Committee then discussed the procedure to be taken in drawing up an ordinance for a"private franchise. Copies of the Ankeny and Boulder ordinances will be distributed to the members for study and use in suggestions for a private franchise ordinance. ■ • till MINUTES Igw_a C—i _,. CATV COmmltt January 7, 1974 Page 2 The Committee will request legal clarification from the City Attorney on -the form the referendum will take. The question was raised as to whether or not the referendum will ask for a definite "yes" vote ,on public ownership. There was also discussion on the_cor_cept of the "Board" incorporation into a non-profit corporation and placing itself on the ballot. The Chairman indicated that the information shared with us as a committee was very clear on this point. The first referendum will be whether or not to grant a franchise to Company A., B. C., etc. The Chairman will direct a letter to the new City Attorney repeating our request of July 27, 1973. The workshop committee will meet January 14, 1974, at Rev. Welsh's office. The next regular meeting of the CATV Committee will be January 21, 1974. The meeting adjourned at 9:40 p.m. IOWA CITY CATV COMMITTEE ORDINANCE PROVISIONS January 7, 1974 I. Short Title Definitions (All terms needed) III. Purpose of Ordinance, Jurisdictional Basis for Local Franchising Authority's Power. A. The legal -basis for the City Council's action. This section to`.include the pertinent sections of federal, state and local laws. B. Basic statementofpurpose of Ordinance: 1. To establish a "Board" to construct, manage and operate a Cable Communications System for Iowa City (and such other areas as desire to be served). 2. To set forth responsibilities of the City Council and the "Board." 3. To set forth the type of system, facilities, pro- gramming to be provided. 4.To set forth technical and operational standards and other requirements. C. Granting to the "Board" the right to use the rights- of-way. D. Rationale for public ownership in Iowa City of a Cable -Communications. System. 1. To be an extension of the educational system, pro- viding open and equal access to learning opportuni- ties for all citizens throughout their lives. 2. To be an informational utility whose social goal would be to provide all persons with equal oppor- tunity.of access to all available public informa- tion about society, government, opportunities, products, entertainment, knowledge and educational services. 3. To enable income to be used, after paying for capital expenditures`, for additional improved access, cablecasting, increased services and lower rates. 0 4. To make available muncipal and educational services at minimum or, no cost to the municipality and pub- lic educational institutions. 5. To assure that the System will be controlled by the citizens and operated for their benefit. 6. Acknowledge that one of the major users of cable, in the future, will be the municipality to provide more-efficient municipal services. 7. To help this medium fulfill its potential as a people-oriented Communications system. MV, Responsibility of the Council. A. To appoint members to the "Board" which consists of five (5) members serving five-year staggered terms. B. To arrange financial underwriting. C. To establish, revise and set rates. (Changes in rates made only after public, notice and a public hearing according to due process.) D. To review and approve the budget of the "Board," in light of fiscal.responsibility to the bond-holders. E. To provide-services-as requested by the "Board" to assist in-.fulfilling the functions of the "Board" as set forth in this Ordinance. F. To review annually the operations of the System. G. To state in the ordinance the responsibilities of the Council.in such a manner to make it clear to all that neither the Council nor the City Administrative Staff shall have the authority to censor any programming. H. To enforce the Ordinance. V. Responsibilities of the "Board." Purpose: To develop and to operate a Cable Communications System for the citizens, businesses and institutions of Iowa City and such areas which desire to contract for such services. _A. To employ management or to contract for management, who will employ person(s) and/or firms for sales promotion, construction and maintenance of system. (Including program activities, personnel, space and equipment.) B, To establish personnel policies, including additional -incentive payments based on System growth. C. To be responsible forallcablecasting. D. To prepare budget in line with fiscal obligations, projected income and expenditures. E. Tohavebroad responsibility to manage the System (or delegate such management) so as to encourage maximum service and maximum penetration, and to take such actions as are consistent with good fiscal practices, in keeping with common cable television system prac- tices. F. To recommend changes in rates. G. To utilize, where possible, the existing administra- tive facilities -of"the `City. H. To report annually to the City Council, including provisions for Ordinance revision. I. To make provisions for a structure through which the Iowa City Community School District, University of Iowa, Coralville, Johnson County, etc., can work together for the development and use of the access channels. J. Tocarryout all of theresponsibilitiesoutlined in this Ordinance and such other responsibilities as are consistent with the basic purposes. VI. Franchise Territory, Extension of Service. A. The "Board" is authorized to: 1. Use the public rights-of-way in Iowa City. 2. Provide requested services to the University, other municipalities, and areas as deemed advisable and economically feasible. B. The "Berard" is required to: 1. Extend services to all areas of Iowa City, except to agricultural areas. 2. Install basic system throughout the City within a period of two years from receipt of Certificate Of Compliance; and install the System on a reason- able`and-equitable basis. 3. Extend cable to new subdivisions concurrently with electric power and telephone utitilities. 0 1 Diagram of 4. Design a system and include the following: a. Provisions for the basic design of the System.1 (1) A dual active/inactive trunk -- single feeder -- home converter distribution (2) system or equivalent channel capacity. A hub system with centrally located studios for local origination and access cable - casting or a system of equivalent capability. The System shall be constructed in such a way as to provide maximum flexibility, and to service the University of Iowa and other municipalities when deemed advisable and economically feasible. (3) Upgrade the facilities, equipment and ser- b. Channel vice as the current state-of-the-art allows. Capacity. (1) An immediate capacity of 26-30 channels to subscribers; some closed-circuit; ,two-way. (2) An expansion capacity of 30 channels to subscribers; 4 channels return; closed- circuit; two-way and up to 16 channels ofpoint-to-point communications each way. (3) Two-way service to subscribers when the "Board" deems a viable plan for actual use of two-way service has been developed. C. Provisions for Channel Use. (1) In accordance with FCC Regulations a minimum of: - Three network off -the -air signals. (Ex: Channels 2,.7 and 9) - Two duplicate off -the -air signals. (Ex: Channels 4 and 6) - One educational off -the -air signal. (Ex: Channel 12) - Two independent off -the -air signals. (Ex:. from one or both of the two closest such markets in Minneapolis, Chicago and/or St. Louis) - A free educational channel, a governmental channeland a Public access channel for cablecasting. - one -local origination channel. - Such other channels as possible. I (Ex: Channels 5 and 8) the design is to be set out in the Ordinance. ® -5- (2) Additional educational, governmental and Public access channels when a viable plan for their use is presented. (3) Subject to permission of the licensed operator of Channel 12, additional off -the -air educational channels. (Ex: Minneapolis, Chicago and/or St. Louis) (4) FM Signals. (a) There shall be no maximum number of FMsignalswhich may be carried by _ the System. (b) Minimum Signals - The following signals shall be the minimums carried by the System: (11) Any stations licensed for broad- cast within the communities which serve the System with primary TV signals and which are affili- _ated with National Public Radio, or are non-commercial or educa- tional stations. (21) In addition, at least one sta- tion from each community which supplies TV signal shall be carried. (c) so long as there is requested use, the System shall maintain one FM signal as a`local access facility, for use by the, public, local government and educational authority, under the same general rules as apply to access cablecasting. (d) So long as economically feasible, the System shall maintain one FM signal of _general listening music without commer- cial interruptions. (e) Insofar as possible, the signals carried shall be selected as to pro- vide as broad a variety of programming as possible. (f) All of the above notwithstanding, no off -the -air signal need be carried which is not sufficient in strength at the System head -end to provide adequate signal strength. (g) Minimum facilities shall consist of: (1 ) Studio (not necessarily separate from TV studio). I ® .6 - 0 (2 1) Sufficient microphones for cablecast of up to and including small groups (approximately 6 people). (31) Equipment for receiving and cable - casting telephone calls. (4 ) Equipment for playing all commonly current prerecorded materials over the cable. (5) The University of Iowa a minimum of three channels, if requested, subject to a satis- factory arrangement. (6) A combination or separate channel(s) for weather, stock information and news. (7) Transmission of fpreign stations when economically feasible. d. Provisions for Public Access Programming Facilities (1) Both portable and stationary equipment to be used by access cablecasters with the aid of a technical and production staff, including equipment that can store pro- grams for later showing. A centrally located studio to be available to all access users on a first-come first-served basis. A schedule of rates for use of equipment, studio, and technical and pro- duction staff. Separate rates for mobile facilities if such facilities are planned. (2) Access facilities at the studio, plus other locations. as feasible (such as mobile units in identifiable neighborhood areas). (3) Equipment that meets a high level of tech- nical standards. (4) A minimum of twelve portable video/audio recording systems consisting of porta-pack systems, 8mm sound cameras or equivalent. For every citizen upon request, training in use of portable video/audio recorders and cameras, as the state-of-the-art dictates. Responsibility for maintaining the equipment and provision of tapes and batteries to trained persons at pro -rated cost or less. Additional equipment made available as use demands. (5) Guidelines, rules and regulations for the use of public access channel(s) in line with 'the FCC Rules and Regulations, providing for filrst-come first-served as well as schedule uses and recommended - rates. (It is intended that any charges be based on actual cost or less.) . .-• s Y- 1,i� 7 (6) Procedure for Preservation of the FCC Rules Regarding the Presentation of Obscene, Lottery or Advertising Information. (a) Live Presentations. One individual, who shall be designated Program Director, shall be present during all access programming and shall have responsibility for maintaining rules pertaining to presentation of matter which is obscene, advertising, or Tottery information. (b) Procedure for Prerecorded Presentations. The management shall designate an individual(s)_to'screen all prerecorded materials for content as applies to the above mentioned rules. If the material is judged to be outside the rules, the presentor shall be notified and given an opportunity to make _ suggested alterations. If the presentor objects or disagrees with the manage- ment-with regard to violation of the rule, he shall so notify the general managementofthe.System. Upon such notification, the management shall convene an appeal hearing in accor- dance with the procedure established above. (c) Constitution of Appeals Board. The general management of the System shall appoint, within 10 days of the beginning of cablecasting activity, one individual to serve on the above mentioned Appeals Board. The length of term shall be determined by the management of the System. The City Council of Iowa City, acting upon recommendation of the community at large, shall appoint an individual from.the community, not an employee of the City or any municipal agency, to serve as Chairman of the Appeals Board for a period of one year repeatable terms. A third member of the Board shall be appointed on each occurrence by the individual or group whose presentation has been challenged on the basis of obscenity, lottery or advertising inforraation . 0 Any decision of the Board in regard to presentations shall be made by a majority of two members. (1 ) Pre-emptory Challenge. Any "offended party" whose cablecast has been interrupted or prevented from showing may pre-emtorily challenge either one of the two permanent members of the Appeal Boards from participating in the decision on any one specific matter. Upon such challenge, the challenged party shall be excused from deliberations on the specifically named appeal and the remaining two members shall appoint a third person to sit on the Board during the course of that deliberation. (d) If, at any time, any person or group is refused access to the use of the cablecasting facilities on the access channels, for any reason whatsoever, that person or group shall have the same rights of appeal as specified in Section (b), (e) In accordance with FCC Regulations, there shall be no censorship of pro- gram content on Access Channels. e. Provisions for Specialized Services. (1) Return -signal video capacity to all schools at cost or less. (2) When economically and legally feasible, extension of service to all Iowa City District schools outside Iowa City and to all buildings of the University of Iowa not previously served. (3) Contractual arrangements for new services when deemed advisable. (4) Leasing channels at rates approved by City Council after due process. f. Provisions for Subscriber Privacy. (1) The subscriber shall be granted by law a right of .action for the invasion of his privacy_ involving the cable system, and such invasions of privacy shall also be made a criminal offense with each viola- tion deemed a misdemeanor. W 0 5. - 9 - (2) No monitoring of any type is permitted. (Except that which is specifically Provided for elsewhere in the Ordinance.) (3)_ The System shall be designed in such a manner as to make possible a total dis- connect. g. Provisions for Interconnection Between Cable Systems (1) Development of policy for interconnection. (2) Action which seeks to make all possible arrangements which would maximize the services that could be rendered. h. Provisions for Underground and Overground Installation Requirements. (1), Construction of the System underground wherever economically feasible. (2) Installation of poles shall not be for the sole purpose of supporting a Cable Communications System without written justification and approval of the City Manager. The City Manager shall require street crossings to be placed underground if there are no other overhead wires at the crossing. Establish Construction Standards. a. Contract for the basic construction of the System. Such contract to include performance bonds, standards, etc. (Ex: Turnkey) b. Set construction standards that are of a high technical quality and set a system of inspec- tion to assure high quality prior to acceptance of work and payment. C. Provide for annual inspection of the System to assure compliance with high technical standards. d. Provide safety and damage requirements. The.Company's transmission and distribution system, poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with improvements the City may deem proper to make, or to hinder or obstruct the free use of the streets, alleys, bridges or other public property. Removal of poles or equipment when necessary to avoid such inter- ference will be at the Company's expense. ■ - 10 6. Establish Technical and Operational Standards. a. Set high technical standards. Provide for continual up -dating of standards. Make cer- tain that System conforms to the "highest state-of-the-art" in the field of Broadband Communications. Design, re -design, install, operate, replace and maintain equipment in accord with the best engineering practices and economic feasibility. b. Define high -standards in a general way. Review and update standards at least once in every five year period. 7. Regulate Functions of the System to include: a. Service upon consumer demand. (1) Extension of service within a reasonable time. (2) Pro -rate credit or rebate for interrup- tion of service. b. Rates. (1) Monthly Subscriber Rates: First Outlet - $5.00 per month Second Outlet - $1.00 per month (2) Installation Charge First-- $15.00 Others - $2.50 (3) Re -connect Charge First - $10.00 Others - free (unless moved) (4) Rates for multiple apartments, hotels, motels and non -residences: 1 - $5.00 Next 9 - $3.75 Next 10 - $2.50 All over 20 - $2.00 All over 100 - By negotiation Additional outlets in a single apartment - $1.00. The above rates apply only where all outlets are on the same premises, under one owner- ship and with billing to one customer. (5) A deposit for converters may be charged if need arises. No service fee will be charged for use of converters. (6) Require an advance charge of one month's rate. (7) Require that re -connect fee include unpaid charges owed by the individual. (8) Study and recommend possible adjustments in theratesfor low income persons, in light of its economic feasibility and the desire for high h penetration. (9) Be free to recommend to the City Council rates for all services. C. No income from the System shall become a part of the operational budget of the City. d. Employment Requirement. (1) Hiring policies will follow equal oppor- tunity guidelines. (2) Employees will be encouraged to take up residence in the area served by the System. e. Consumer Complaints. (1) Provide procedures and personnel for handling consumer complaints. (2) Review complaints on a regular basis including the action taken. (3) Update procedures for handling complaints. f. Use of Streets, Pole Attachments. (1) All transmission and distribution struc- tures, lines and equipment erected by the System within the City shawl be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause mini- mum interference with the rights and reasonable convenience of property owners who join any of the said street, alleys or other public ways and places. (2) In case of disturbance of any street, side- walk, alley, public way or paved area, the System shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, sidewalk, alley, public way or paved area in as 'good a condition as before the work involving such disturbance was done. (3) If at any time during the period of the franchise the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, the System, upon reasonable notice by the City shall remove, relay and relocate its poles, wires, cables, underground conduits, man- holes and other fixtures at its own expense. (4) Any poles or other fixtures placed in any public way by the System shall be placed in such manner as to comply with all require- ments of the City. (5) The System shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of i 0 0 - 12 buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the System shall have the authority ,to require such payment in advance. The System shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. (6) The System shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the System, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the System. (7) In all sections of the City where the cables, wires or other like facilities of public utilities are placed underground, the System shall place its cables, wires or other like facilities underground to the maximum extent that existing techno- logy reasonably permits the System to do so. (8) The System shall provide plans and speci- fications for all construction within City streets, alleys or other public ways and places to the Director of Public Works and Traffic for their review at least 30 days prior to start of construction. The approval of both departments shall be necessary before construction commences. This provision shall apply to each construc- tion sequence if the construction is accomplished in phases. (9) No poles or other wire -hold; 4- ng s ructures shall be erected by the System without prior approval of the Board with regard to location, height, type and any other perti- nent aspect. However, no location of any pole or wire -holding structure of the System_ shall be a vested interest and such poles or structures shall be removed or modified by the System at its own expense whenever the Board determines that the public convenience would be enhanced thereby. ■ 0 13 (10) Where poles or other wire -holding structures already existing for use in serving the City are available for use by the System, but it does not make arrangement for such use, the Board may require the System to use such poles and structures if it deter- mines that the public convenience would be enhanced thereby and the terms of the use available to the System are just and rea- sonable. (11) Where the City or a public utility serving the City desires to make use of the poles or other wire -holding structures of the System, but agreement therefore with the System cannot be reached, the Board may require the System to permit such use for such consideration and upon such terms as the Board shall determine to be just and rea- sonable, if the Board determines that the use would enhance the public convenience and would not unduly interfere with the System's operations. 8. Miscellaneous Items. a. Access to Premise. (Details to be determined) b. Maintenance.of Home Antennas. The "Board" shall provide on request at cost or allow the subscriber to provide a -switching device which would 'allow the subscriber to use his own antenna.as he chooses. Systempersonnelmay not remove home antennas. Nor may the System require the removal of any TV antenna as a condition of service. C. Emergency Use. In the case of any emergency or disaster the management may interrupt signals otherwise being distributed and upon request of the City Council make available its facilities for emergency use. d. Separability of Clauses, Compliance with Applicable Law. If any section,'subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holdings I• 10 shall not affect the contined effectiveness or validity of the remaining portions hereof. At all times during the life of this Ordinance, the "Board" shall be subject to all laws and reasonable regulations which the City Council shall hereafter provide. These remaining portions shall be reviewed within a reasonable period of time so as to assure that the original intent of the Ordi- nance is maintained. In addition to all provisions of this Ordi- nance, and notwithstanding any provisions thereof, the "Board" shall comply with all applicable state and federal laws and with all applicable regulations of the Federal Communi- cations Commission.'' e. FCC Rules and Regulations Provisions. (1) This Ordinance shall incorporate any modi- fications made by the Federal Communications Commission in its regulations concerning ordinance standards, if such incorporation is required by said regulations. Should such modification require a substantive provision not delineated in the regul- tions, the City Council shall make such changes as are necessary. (2) The City Council shall apply for and obtain a Certificate of Compliance. f. Records and Reports. Maintain such records, maps, and make reports, as deemed advisable, and as required by the FCC Regulations, to the City Council and the City Manager to assure the citizens of maxi- mum accountability and efficiency of operation. The records shall be open to the Council and public at all times. The subscribers list shall not be available except as subject to the open records law. g. Indemnification, Insurance, Liability for Damages. See that adequate coverage is obtained. 9. Additional Provisions. a. There is hereby_ reserved to the City every - right and power which is required to be herein reserved or provided by any law, and the "Board" shall be bound thereby and shall comply with any action or requirements of the 0 City in its exercise of such rights or power, heretofore or hereafter enacted or established. b. Neither the enactment of this Ordinance nor the appointment of the "Board" shall consti- tute a waiver or bar to the exercise of any governmental right or power of the City. C. The adoption of this Ordinance shall author- ize and permit the "Board" to solicit, sell, distribute and make a charge to subscribers within the City for connection to the Cable Communications System of the "Board," and shall also authorize and permit the "Board," to traverse any portion of the City in order to provide service outside the City. d. A franchise, easement, license or other permit granted to anyone other than the "Board" to traverse any portion of the City in order to provide cable TV service outside the City shall not authorize nor permit said person to solicit, sell, distribute or make any charge to subscribers within the City, nor to render any service or connect any subscriber within the City to the Cable Communications Service System. e. The "Board" shall be subject to all provisions of the other Ordinances, rules, regulations, And specifications of the City heretofore or hereafter adopted, including but not limited to those pertaining to works and activities in, on, over, under and about streets. Any privilege claimed under any franchise granted pursuant to this Ordinance in any street or other public property shall be sub- ordinate to any prior lawful occupancy of the streets or other public property. "Board" also shall be subject to the provi- sions of general laws of the State of Iowa, or as hereafter amended, when applicable to the exercise of any privileges contained in any franchise granted under this Ordinance, including but not limited to those pertaining to works and activities in and about State highways. f. The "Board" shall be prohibited from directly or indirectly doing any of the following: (1)" engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios; 1 - 15 - City in its exercise of such rights or power, heretofore or hereafter enacted or established. b. Neither the enactment of this Ordinance nor the appointment of the "Board" shall consti- tute a waiver or bar to the exercise of any governmental right or power of the City. C. The adoption of this Ordinance shall author- ize and permit the "Board" to solicit, sell, distribute and make a charge to subscribers within the City for connection to the Cable Communications System of the "Board," and shall also authorize and permit the "Board," to traverse any portion of the City in order to provide service outside the City. d. A franchise, easement, license or other permit granted to anyone other than the "Board" to traverse any portion of the City in order to provide cable TV service outside the City shall not authorize nor permit said person to solicit, sell, distribute or make any charge to subscribers within the City, nor to render any service or connect any subscriber within the City to the Cable Communications Service System. e. The "Board" shall be subject to all provisions of the other Ordinances, rules, regulations, And specifications of the City heretofore or hereafter adopted, including but not limited to those pertaining to works and activities in, on, over, under and about streets. Any privilege claimed under any franchise granted pursuant to this Ordinance in any street or other public property shall be sub- ordinate to any prior lawful occupancy of the streets or other public property. "Board" also shall be subject to the provi- sions of general laws of the State of Iowa, or as hereafter amended, when applicable to the exercise of any privileges contained in any franchise granted under this Ordinance, including but not limited to those pertaining to works and activities in and about State highways. f. The "Board" shall be prohibited from directly or indirectly doing any of the following: (1)" engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios; 1 • - 16 - 0 (2) imposing a'fee or charge for any service or repair to subscriber -owned receiving devices except for the connection and re -connection of its service or for excessive request for the determination by the System of the quality of its signal to the recipients thereof; (3) soliciting, referring or causing or per- mitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in.by-the System; (4) providing information concerning the viewing patterns of identifiable indivi- dual.subscribers-to any person, group or organization for any purpose. AGENDA IOWA CITY HOUSING COMMISSION January 16, 1974 1. Approval of Minutes of Preceding Meeting December 19, 1973 2. Public Discussion of Items Not on the Agenda 3. Coordinator's Report Revision of Part XI in Statement of Policies Booklet. 4. Old Business Review of 1973 Annual Report "Your Turn" Discussion 5. New Business 6. Next Meeting Date February 6, 1974 7. Adjournment ■ x AGENDA IOWA CITY HOUSING COMMISSION January 16, 1974 1. Approval of Minutes of Preceding Meeting December 19, 1973 2. Public Discussion of Items Not on the Agenda 3. Coordinator's Report Revision of Part XI in Statement of Policies Booklet. 4. Old Business Review of 1973 Annual Report "Your Turn" Discussion 5. New Business 6. Next Meeting Date February 6, 1974 7. Adjournment ■ nuu6ING COMMISSION MINUTES January 16, 1974 MEMBERS PRESENT: White, Hamer, Duncan, Bosserman MEMBERS ABSENT: Frimml, Branson STAFF PRESENT: Seydel 1• Chairman White called the meeting to order. Hamer moved to approve the minutes of the December 19, 1973, meeting. seconded the motion, motion carried 4/0. Duncan 2. The public brought forth no discussion. 3. Coordinator's Report There were 8 applications presented for a units were under lease, a new 3 -bedroom unitovalwas.addAll ed 209 January 1` -to fill the lease vacancy being held in December. Two leases were in the process of being assigned to new tenants. The LHP for the month of December, paid $26,133.00 as rent to owners and administrative overhead was approximately $2,600.00. From tenant rents the LHP collected $8,266.00. HUD Annual Contributions Income exceeded `Contract contributed $22,069,30. outflow by approximate) end of the fiscal year, all excess funds mustObe0r0eturnedhe to HUD. After reviewing HUD corresp Part XI ondence concerning the need to revise 'in the Statement_ of Policies booklet, Seydel agreed to draft the revision in conjunction with City Attorney and provide copies by next meeting time. 4. Old Business Commissioners had received copies of the Annual Report. The topic Of most concern was the third goal for 1974 which was to study the feasibility of financing from local revenue, a housing project for .the elder) this ro, the Commission _would 'establish how much. Tobofla need therecis for housing._ It was discussed that a Com leted from those persons 60 years and oP questionnaire • data older to accompany census Would be most helpful. The second step would be to estimate the cost of such a project and building designed for the elderly.._. The third step about the various means for financingd be to acquire information item was brought up that the g such a project. The Commission should not rely on • -2- revenue revenue sharing funds as a means of continued support for such a project. The fourth step would be to assist the City Council in administering such a project. Seydel reported that_, due to their very meager social security and today's increases in food and rent, the elderly are overcoming their pride of not accepting "welfare"Those that apply to the LHP are very much in need of housing, but unfortunately, not all requests can befulfilled. The Commission asked Seydel to begin looking for professional sources of assist- ance to construct and calculate results of the questionnaire. The Commissioners were reminded that the recording date for "Your Turn isprior to March 1. Chairman White would work with Julia Zelenka to, develop topics for the program. The possibilities being:. 1.) The purposes of the Commission and aims of the program. 2.) A review of the present LHP. 3.) Projected goals for the Commission. 5. New Business Copies of the Report of the Rules Committee to City Council would be distributed for Commission information. 6. The Commissioners were reminded of the next regular meeting on February 6. 1974. 7. Duncan moved the meeting be adjourned. Hamer seconded the motion, motion passed 4/0. PPPROVED• 0 'STAFF REPORT Planning & Zoning Commission February 14, 1974 4:00 p.m. Civic Center Council Chambers 1 1 C. Approval of Minutes of Preceding Meeting 1. Meeting of January 24, 1974 D. Subdivision Items 1. 5-7401. Court Hill -Scott Blvd., Part 21 filed by Plum Grove Acres, Inc. (Vic. north of Court Street and east of back lot lines along east side of Dartmouth Street). Date filed: 1/24/74 45 -day limitation: 3/10/74 2. 5-7402. Resubdivision of a portion of Macbride Addition, Part 1, by Macbride Addition, Inc. (Vic. west of Macbride Drive and south of Lot 40, Part 1, Macbride Addition). Date filed: 2/4/74 45 -day limitation: 3/21/74 3. S-7403. Replat of portion of Lots 1 and 2 and all of Lots 3 and 4 of Block 30, East Iowa City Addition (Vic. bounded by I Street, Fourth Avenue and CRI&P RR) . Date filed: 2/5/74 45 -day limitation: 3/22/74 E. Vacatings 1. V-7401. Request for vacation of alley in Block 6, County Seat Addition, said block being bounded by Harrison, Madison, Prentiss and Capitol Streets. Request made by University of Iowa. _ Referred to P & Z by City Council. Date filed: January 29, 1974. F. Council Referral 1. 72-08. Zoning & Subdivision Fee Study. Study completed by Department of Community Development. Referred by City Council to P & Z -- 2/5/74. G. Discussion Items 1. P-7319. Office & Research Park Zone (ORP). 2. 73-1526. Neighborhood Park Study, Hollywood Manor Area. of COMMUNITY DEVELOPMENT C. Approval of Minutes of Preceding Meeting 1. Meeting of January 24, 1974 D. Subdivision Items 1. 5-7401. Court Hill -Scott Blvd., Part 21 filed by Plum Grove Acres, Inc. (Vic. north of Court Street and east of back lot lines along east side of Dartmouth Street). Date filed: 1/24/74 45 -day limitation: 3/10/74 2. 5-7402. Resubdivision of a portion of Macbride Addition, Part 1, by Macbride Addition, Inc. (Vic. west of Macbride Drive and south of Lot 40, Part 1, Macbride Addition). Date filed: 2/4/74 45 -day limitation: 3/21/74 3. S-7403. Replat of portion of Lots 1 and 2 and all of Lots 3 and 4 of Block 30, East Iowa City Addition (Vic. bounded by I Street, Fourth Avenue and CRI&P RR) . Date filed: 2/5/74 45 -day limitation: 3/22/74 E. Vacatings 1. V-7401. Request for vacation of alley in Block 6, County Seat Addition, said block being bounded by Harrison, Madison, Prentiss and Capitol Streets. Request made by University of Iowa. _ Referred to P & Z by City Council. Date filed: January 29, 1974. F. Council Referral 1. 72-08. Zoning & Subdivision Fee Study. Study completed by Department of Community Development. Referred by City Council to P & Z -- 2/5/74. G. Discussion Items 1. P-7319. Office & Research Park Zone (ORP). 2. 73-1526. Neighborhood Park Study, Hollywood Manor Area. 3. Adjournment Next regular meeting -- February 28, 1974 0 • STAFF REPORT Planning & Zoning Commission February 14, 1974 SUBJECT: 5-7401. Final Plat of Court Hill -Scott Boulevard, Part 2, submitted by Plum Grove Acres, Inc. (vic. north of Court Street and east of lots along east side of Dartmouth Street). Date filed: 1/24/74; 45 -day limitation: 3/10/74. STAFF The Final Plat of Court Hill - ANALYSIS: Scott Boulevard, Part 2, consists of 10.2 acres of northeast ots in of the five lots along Court Street3inlCourtyHill-Scottand Boulevard, Part I. Although the tract is zoned R1B, the smallest size lot proposed exceeds the 6,000 square foot minimum lot size requirement by 31490 square feet. The Plat conforms with the Preliminary Plat of Court Hill -Scott Boulevard previously approved and all other Subdivision Ordinance requirements except for the following minor discrepancies: 1. According to the Subdivision Ordinance, "crosswalks may be required in blocks over eight hundred (800) feet long --_. If required, they shall be constructed by the developer and dedicated to the City." Since the block along Raven Street and between Court and Washington Streets will ultimately be longer than 800 feet, a 10 -foot crosswalk, ,as illustrated on said Preliminary Plat, was required between Lots 33 and 34. With no contemplated provision for a cross street from Raven Street east between Court and Washington Streets, a crosswalk is an important feature in permitting internal circulation of residents between blocks. 2. Although"corrected on _the original mylar print of said Addition, copies submitted show a two degree error in the boundary line at the termination of Raven Street. Corrected copies showing a bearing of N 86 55' 00" E should, therefore, be submitted. STAFF RECOMMENDATION: It is the Staff's recommen- dation that the Plat be approved subject to the addition and correction of items 1 and 2. • rts vp lo.sw1 /:oi f���A viT?iTi 1 NORTH E� NUMBER: .5I�4YO� T t S 89130' 30",WT 375.00'T 5N 8 T 30' 30' E 470.00' 550C - - -- 100.00 66. 5000' 100:00""-- BO:OD"1� I — — 2 2 8 --� 10 8 to 140.08 6 �,'. tD 23 N 24 25 5' 4- CA UTILITY �9�S- - — BASEMENT 49.24 00 ' ' 85.00 9 ' 21 RAVENCREST DRIVE O S 44 N 9190 55.48 78.00 , 80.00. q - _g 1 20 19 8 18 $; i 17 8. M �, I �n F _ W o � '-� I � w :; `p ; -1110 1 ct: ----------------------- ----------- �W r-73:00-- ------146:00- fi - 78:00-- 78:00--1 "I 95A0 1 I Z �i W.- > 13 $ 14 8 ' 15 $� i 16 8ul 12 �° c Z U) ,S_ L: + 800 78.00 ' ' 80.00 tf� jJ RAVEN COURT INE LJ } 78.00 78.00 QL , 80.00 , i ADD p 11 71. �� ; i 10r tn 8 0 9 8 8 81 7 8 in o�' I L, ^ry 10 U-) o c d ; ui i 1 L-73.00-- --t----146.00 ------ --78.00-1-78.00-11 95.00 "E _ N 89* 301 30'E 07' 13000 T t S 89130' 30",WT 375.00'T 1 5 w, 35 (-;� N; i O pi 0 34 8 f Ml NJ i $ 33 4 I g 32 g; l N N1 0 0 I 81 i g; $ 31 3 N, ,8 8 30 g; . N �, 8 I O 0 29� COURT' HILL SCOTT BLVD. PART 1 �g N r`, 8 0 28 8 N UTILITY n, In EASEMENT --.I 5 i 01 O 8' Y T t S 89130' 30",WT 375.00'T 5 w, f l 81 13000 8 COURT' HILL SCOTT BLVD. PART 1 �g �� 8 26 6i In Z 1 I 80.00 11500 — z 'U) S 89' 30' 30- W 291.00' )6' - � -COURT ::STREET ' i • SUBJECT: Macbride Drive and south of Date filed: 2/4/74;' -45 -day STAFF ANALYSIS: STAFF REPORT Planning & Zoning Commission February 14, 1974 5-7402. Resubdivision of a portion of Macbride Addition, Part 1, submitted by Macbride Addition, Inc. (Vic. west of Lot 40, Macbride Addition, Part 1). limitation: 3/21/74. The resubdivision of a portion of Macbride Addition, Part 1, is submitted as a result of the exchange of land in Macbride Addition, Part 1 between Macbride Addition, Inc. and the City of Iowa City. The portion of land illustrated as Lots 40A and 40B was previously dedicated to the City as open space for recreation use. The resubdivision conforms with all the require- ments of the Subdivision Ordinance with exception of the following minor discrepancy: the acreage of the site, as required, is not indicated. STAFF RECOMMENDATION: It is the Staff's recommen- dation that the plat be approved subject to the acreage being shown. It is the Staff's further recommendation that Macbride Road in Macbride Addition, Part 1, be changed to Macbride Drive to conform with the City's street classification system. Streets which are characteristically in northerly and easterly directions are named "drives". m N :z SC AI.8 1" • SO. DESCRIPTION 2.1911--1 'W 110,14' 64.2 1, n � h O� J h h � n •� i Q .� CAD ,V • N Q MAC n A i D E Ai7Tl 1' T I S rpt � 1_ i•�•1 is 40 I P01NT OF'Pi 7OeW 1 Bcy1NNINy� N 89.00040W 131.49' ' re EINC� Nab"34'Z2"W 105.00' AND N0.53'54" e 1jr Wry eAseMeNr .� -273. 8(" FROM THE SW R • 41S.eo' e • COR. NW 1/4 , N6,14 SEG. � ,_ A 7 59 0 ~ 0 IRON PIN FOUND. 11 , r79nI, Rr.w. c ,�•.a� I• i 0 yI M 3o" Atom r1N SGT. o c 40 A m N :z SC AI.8 1" • SO. DESCRIPTION 2.1911--1 'W 110,14' 64.2 1, n � h O� J h h � n •� i Q .� CAD ,V • N Q FILE NUMBER: S -%4-02 36. So' Ioo� SCALE OWNER: MacBride Addition, Inc. 335 Kirkwood Avenue Iowa City, Iowa Vs -4%s !alume,c OE0ICAT.EC Tc Qrry of zowe. C..ITY , I certify that during them nth of January, 1974 at the direction of the Owner, I resubdivided a'portion of. Part One, MacBride Addition to Iowa City, Iowa and the boundaries-of.the -tract are described as follows: Beginning at the S.W. corner of Lot 40, Part 1, MacBride Addition to Iowa City, Iowa; said point of beginning being N 88° 34' 2211 W, 185.00 feet and N 00 53' 5611 E, 273.86 feet from the S.W. corner N.W.4f N.E.4, Section 17, T79N, L, of the 5th P.M.; thence S 00 53' 5611 W, 273.86 feet on the West line of said Part I,_MacBride Addition; thence S 880 34' 2211 E, 64.21 feet on the South line of said Part I, MacBride Addition; thence N 150*38' 5611 E,.216.57 feet; thence•Northerly 66.23 feet on a 475.00 foot radius curve concave Northwesterly; thence N 890 06' 0411 W, 131.69 feet to the point of Peginning. I Further certify that the plat is a correct representation of the resub- divided tract and the corners are marked as indicated. 1. N1lcKelson; L.S. #703b Date/ " SUBJECT: S-7403. Resubdivision of parts of Lots 1 and 2 and all of Lots 3 and 4 of Block 30 of East Iowa City Addition (Vic. south of I Street, west of Fourth Avenue and north of the CRI&P Railroad) submitted by Mr. Stanley Cross. Date filed: 2/5/74; 45 -day limitation: 3/22/74. STAFF The subject resubdivision ANALYSIS: involves the replatting of four existing lots into a total of six lots within Block 30 for the purpose of constructing four duplexes, one each on Lots A. B, C and D. A fifth duplex may be constructed on Lot E in the future. The plat meets all the requirements of the Subdivision Ordinance. STAFF It is the Staff's recommen- RECOMMENDATION: dation that the plat be approved as submitted. 0 ON P4.RT OF L� 1 AND 2 ATTD ALL OF LATS �TJD 4 AI0K30F I.AST IOWA CITY T/* yE, 37.3'' 37g� /a oto'- o�►w /Z z. 37' 0 j Al ioc.0o' G /2 3- 0.03' I O �a �5• EM • �°1 HUMBER S-7fO3 ti QW ?C S1 c�r7/e" yeCiro Ss -- �' ': �'•cr�,n �%?S' roves I hereby certify thst at the direction -of the owners, I re -subdivided flock 30, East Iorm City, .,:'Johnson County, Iowa, ,;except the East 74 feet of., the 'North 100 feet thereof,, Into 5 parcels deaYRneted . eye-;-Lot6.< A, 'R*C D, ; and E as shnwn on. the • STAFF REPORT Planning & Zoning Commission February 14, 1974 SUBJECT: V-7401. Vacation of an alley in Block 6 of County Seat Addition bounded by Harrison, Madison, Prentiss, and Capitol Streets. Request by The University of Iowa and referred to the Commission by Council. Date filed: 1/29/74. STAFF Attached hereto is a letter ANALYSIS: dated January 22, 1974, from the Business Manager and Treasurer of The University of Iowa requesting the vacation of said alley. As the letter states, the University owns all the property located in said Block 6. STAFF Because there are no existing RECOMMENDATION: utilities or easements for utilities across said alley, the Staff can see no reason why the alley should not be vacated. COURTHOUSE rI REQUEST AREA QI_ V Business O//ice IOWA CITY. IOWA 61942 January 22, 1974 0 G Mayor & City Council Civic Center Iowa City, Iowa 52240 Gentlemen: The University has recently completed the purchase of all properties located in Block 6, County Seat Addition, Iowa City, Iowa. More specifically, this is the block bounded by Madison, Capitol, Prentiss and Harrison. The purpose of this letter is to request the City of Iowa City to vacate the alley in Block 6 to the State of Iowa for the use and benefit of the State University of Iowa. RBM:jld Very truly yours, ��/1%�13-�-,-v� vvt7 Ray B. Mossman Business Manager & Treasurer kL- n "- S i FC y ♦ t1 li r..: CITY CONFERENCE BOARD FEBRUARY -W7, 1974 4.0 The City -Conference Board met at 4:00 P.M. in the Council Chambers at Civic: -'I Center with the: City. Community School Board :and ahe Iowa City Cty:Council present as follows: ., =i Robin Powell.;•. Paul Huston, ;LeMn',`Nelson. 'John Dane, Barbara Timmerman, EdCzarnecki, .Carol dePros'se, Penny-Davidsen. The purpose of the meeting was to approve Iowa City's nominee .;for representative:on the Assessor's Examining Board, replacing Jack White. It was moved.by.City(Czarnecki)`and secondedrby School (Dane) to fthe name of Patricia orward SueppeL` 1408.Bri§tol'Drive. Motion idarried. Meeting adjourned. _I 4 lSVU—N.t' 'k--= , •` r'_ 'F=` Tar -, u i "4 vs'^i �S y. ,-( a