HomeMy WebLinkAbout1973-03-20 Bd Comm minutesMINUTES
CATV Committee
February 26, 1973
MEMBERS PRESENT: Hubbard, Ehninger, Cordier, Blum, Welsh, Prediger,
Eskin, Kril, Russell
MEMBERS ABSENT: NONE
Guests Present: Dorothy Douglass, members of the Broadcasting program
at the University .of.'Iowa'
Rev. Welsh called the meeting to order at 7:00 P.M.
Minutes, of the February 19 meeting were approved as amended, moved by
Mr. Hubbard, seconded by Mr. Blum. Motion passed unanimously.
Mr. Blum called the Committee's attention to the fact that Iowa City
is included in',the-top 100:markets'in the United States and it is in.
fact in the 65th market. Mr. Blum handed out an.exhibit to!the Committees.
illustrating this,
The Committee discussed change of date in the Public Meeting., The
decision was made, for Rev. Welsh, to arrange the format and inquire
as to the access of
the Council Chambers before March 10.
The Committee:.then discussed and made changes to Mr Hubbard's letter
to the Governor's Office regarding 'the establishment of a'task '-force.
(Letter is attached.)
Rev.Welsh,then reported to the Committee publications and materials
that had been received. The Committee decided to circulate these
publications and have them read before the next meeting.
The Committee then discussed the visit of Mr. Mike Holland on March
5. Rev. Welsh went over the agenda for the meeting.
The Committee next discussed plans for the visit of.Mr. Gold from
New York on March 19 at 7:00 P.M. The questions voiced by the Committee
for Mr. Gold to answer are:
(1) Role 6 philosophy of public access
(2) How to assure public access
(3) Questions on System Design
(4) Examples of public access (video tape)
with Mr. Wells to Lawrence, Kansas on FebruaryMr. Kril and Rev. Welsh then reported to the Committee on their visit
,23, '-
a privately ,owned franchise with three percent of the"1973.They found
gross income
of system paid to the city. Four thousand and four hundred households
are hooked up out of a population of forty thousand. The franchise
also owns the newspaper in Lawrence.
nn=GULl VC MSS15LdnL
Office of the Governor
State Capitol
Des Moines, Iowa 50319
Dear Mr. Willey
Regarding our request for the establishment of a task force.
'to study the implications of Cable TV,' we submit the following in
answer toecific
our s "
Y P ;questions:
A. Items the committee should consider:
1. Status of CATV:, Is it'a public utility ,(seven states
have so declared) Is it a common carrier`Asuch. as
the telephonecompany) or is it just another business'
requiring,the use of public'.right-of-way?,
2. Should a moritorium be declared on all Cable TV (CATV
or Broadbands Communication) until we know'where we are
going or want to go,;(several states have done this).
3. What are the legal implications and possibilities of
interconnecting communities or the state into networks>
(intergovernmental agreements, cable districts, public
authorities, uniformity of public access channels within
the state, etc.')?
4. What types of services should be required (in case of
emergency, public access, public services, etc.)?
5. What technical standards are feasible and should be
required (particularly as regards compatibility in
interconnecting cities and states)?
6. What protections should be required for the protection
against invasion of privacy?
7. What type of censorship should be prohibited or allowed
and how should this be done?
8. Need for, and desirability for state-wide regulation to
limit the Federal role and haphazard local regulation?
B. Groups to be considered for representation on a CATV Commission
or task forcer
'• 1. Consumer groups (NAACP, League of Women Voters, labor
unions, students, etc.)
2. Legislators
3. Iowa League of Municipalities
AV!
•
Mr. Wythe Willey Page: 2- March 12, 1973
• Executive Assistant
Office of the Governor
State Capitol
Des Moines, Iowa 50319
4. Iowa Educational Association
5. StateDepartments (State' Educational Radio & TV
Facility Board, Commerce' Commission, Department of
Public Instruction, Civil Defense Division of Public
Defense, Higher Education Board, Dept. of Social
Services, etc.).
6. Motion picture distributors, broadcasters, and, other
media representatives
7. SpecialServicesGroups (Libraries, Banks, Hospitals,
etc.)
8. Professional Groups (Engineers, Lawyers, etc.)
C. Present boards or commissions might consider the questions`
(but whose viewpoint is liable to be limited 'to''their
special niche in the 'broad spectrum of;issues.and--answers):
I. University of Iowa Institute of Public Affairs,
2. State Educational Radio 6,TV'Facility Board
3. Iowa Legislative Service Bureau
4. Office for Planning ,and 'Programming '!
5. Iowa State.Coimnerce.Commission
We sincerely believe that there is a valid role for the
state in developing appropriate guidelines.`
Sincerely,
Robert.L. Welsh
Chairman
Iowa City CATV Committee
MINUTES
•
Iowa City Charter Committee
February 22, 1973
MEMBERS PRESENT: Baldus, Knight, Welt, Cain, Meardon, Davidsen
MEMBERS ABSENT: Ringgenberg, Corrigan, DeCounter
Guests Present: Councilman J. Patrick White; Pat Anderson, 509 Davenport;
James Keele; Gary Hayward, ill S. Governor; John Wehr, N. 118
Currier Hall; Nan Penman, 734 Stanley; Elenore Bowers, 512
Rundell.
Patt Cain called the meeting to order. Minutes of the February 14 and 15 meetings
were deferred.
Councilman White stated the following responses to the questions asked 'by the
Committee:
1. He has ,actually kept track of the hours he spends on council duties
twice, once it was seventeen hours and the other was twenty-one:'
2. He doesn't think that $75 a month salary is enough for being a council
member.
3. He thinks that .the salary for council members should be raised but thinks
that it is very difficult to compare councilmen's salaries with those, of other
policy makers.
4. He'doesn!t think that' -there is a socio-economic term to give a'representa-
tive segment of the community. All or most of the members of the Council are
.professional or;owners of businesses or University staff but there are 'a lot of
good people besides
5. He'spends very little out-of-pocket cash, but added that time was more
taken than, anything.
6. Fie doesn't feel.that he has enough time to become knowledgeable about
all the mattersthat come before the council. He feels that this is partly 'due
to the fault of the new meeting procedure. He feels very strongly about informal'
meetings and .feels that the Council needs to devote more meeting time to this than
at the present.
7. - He thinks that.a large number on the Council might offset some of the time
burden of trying to cover the increasing number of meetings and organizations that
need to be. covered. 'However, ,he'feels this would not make any significant inroads
into the time required.
8. The Council reaches the point where they must delegate some decision
making power to authorities whenever, the electorate is ready, but he's not sure
that at this level of government that there is likely to be delegation to any
great extent. Certainly the decision making power in whatever aspects are not
policy oriented must be clearly delegated.
9. The,Council does use council committeesmost assuredly and increasingly
to the credit of the Council.
10. The Council would and does benefit from having clerical and research
staff --the City Clerk, City Manager, and City Attorney.
• 11. He would use office space at the Civic Center if provided for meeting
and discussing with the public but feels that we have much higher space priorities
than that. The Citizens' Advisory Committee of the Johnson County Regional Planning
Commission, which is in development, could become the citizens' forum or sounding
board.
r.
Iowa City, Charter Committee
• ,
February 22 1973
Page 2
12. He roughly estimated that 10% to 20% of the actions that the Council
takes on subsequent questions are affirmations of a recommendation of a board
or commission:'.
13. He feels that the most significant portions of recommendations that
the Council acts on come from the City staff.
14. When the City staff makes recommendations, he doesn't think that alterna-
tives are presented as often as he would like. 'Ile feels that alternatives are
more often presented in the past year. than his other two years of office.
He would recommend more meeting time for informaldiscussion without
being limited, to a scheduled item if making policy recommendations to the Council.
16. 'He feels that the reports from staff attempt to bring out both good
and bad points but don't always succeed. lie feels it's very difficult to
criticize your own proposal.
17. He hasn't come'io the conclusion whether the structure should include
wards, but feels that it would be desirable to give the public the opportunity
to vote on it. He feels that there are advantages and disadvantages towards'
that that there is a risk, if you have a total ward system, of having a Councilman
from a specific ward not being concerned with anything other than in his own
ward.
ia. He.believes very` -much in the City Manager form of government for Iowa
City and feels it's the'best and appropriate and most workable, but can be improved
if some of,the:policy.burden isctaken.off.the City Manager's shoulders.,
19. He thinks that a popularly -elected mayor and'a city manager would clash,
but he has more faith in,the electorate than that.
20. He thinks that the function of an ombudsman is very beneficial but doesn't
think it necessitates having one as such, that there is room with the present
structure to,perform the 'same function. However, it is difficult to perform that
function in the existing structure for the same reason that's it is difficult to
be presented with alternative in staff data and this is the reluctance of the
individual to criticize his own product. _ He feels that neighborhood meetings
would lean toward the ombudsman function.
21. He feels that the staff is presenting data objectively, and will improve
as time goes by, as the City Manager trains and exposes his staff to his own
approach.
22:,_'He,stated''that informal citizen input is very seldom in putting alternatives
to the staff unless the citizen hears about it and is concerned enough to inquire
about it.
I i
23. He doesn't think that it is inappropriate for an individual citizen who
believes in something to try to persuade staff on Council action, however lie thinks
that it is inappropriate if the staff member doesn't recognize it as such.
24.- lie thinks that an elected at -large mayor might have differences with the
council, but also thinks that this would be a healthy situation. Ile feels that
the most diverse viewpoints obtained from policymakers make a healthy local
government.
25. He thinks that the council should consist either of five or seven members,
if wards being proposed, it should be seven.
26. 'He feels that if a larger number of members were on the Council they-
• would need to operate in committees.
27. Ile stated that a Councilmember did not serve as exoffi
cio members with
boards and commissions` when deliberating on matters, but there are instances where
the Council as a whole meets with boards and commissions. (Example: change in
municipal law)
y 1 • • Gln:
"• ! Iowa City Charter Committee
February 22, 1973
Page 3
28. He stated that he hasn't thought out, the question of having three
or four wards if there were seven members on the Council
29. -lie stated that there was a feeling in the community for wards as a
matter of responsiveness, but there are other ways 'to answer this, perhaps
through the Citizens' AdvisoryCommittee'.
30: Ile does not feel that it would be desirable for the Council to function
through subcommittees because you would run a real risk of bringing the staff
headon into the policymakers. He feels that the Council's committee work should
take place in an atmosphere where a Councilman is .not arguing with staff; other-
wise a staff report or position might tend to be influenced by a view of the
policymaker.
31.- Board and Commissions members are selected by suggestions from Council
or citizens and submitted to the.Mayor. The Nominating Committee' makes recommendations '
to the Council who invariably approve it and the Mayor makes2 the appointment.
32. He feels that the at -large elected Mayor assuming more of a policy role
would also have the 'effect of making better use of the Council's time and would
become; more of an originator of policy recommendations and to the extent that
'' he`would be viewed in a larger role; the Council would spend more time looking
at these suggestions.
33' He doesn't feel that the`'caliber of the mayor improves 'by election of
the people, but the additional policy responsibility that needs':to be performed`
can only adequately be,achieved..through election at -large: rather than by the
s. .
balance of the Council. '
34. lie stated that recognizing the mayor as primary policyleader and spokesman
is certainly an enlargement of present responsibilities.
35.' Ile feels that 'other Councilmen under 'the 'at -large elected mayor would
still be able to initiate policy, and that a stronger policy -oriented mayor should
have an increased salary.
36. lie stated that the cost of running for election by wards could be reduced
but he is mot sure that it would be.
37.1 He stated that policy initiation does come from boards and commissions
but that more could come:'
38. He feels that a recall provision would be desirable for the Charter but
it should be very carefully written and extremely well thought out.
39. He favors a`four-year :term ^for Council members.'
Ms. Davidsen issued' copies of a, report of a study done by a student working
on his Ph.D. at the University of Iowa. 'rhe study covered nine omnunities in
Iowa. It stated that many citizens do not approach government officials directly
when they have a problem, rather they seek informal representation such as a
friend, neighbor, or co-worker who is active' politically and knows his way around
City Hall.:The student called these people policital links. The student breaks
these political links down into socio-eoenanic backgrounds and finds that these
political links are in the same socio-economic backgrounds as public officials.
Mr. Baldus then asked Mr. White if that held true in Iowa City. Mr. tAbite
stated that he did not think so but he stated that a Councilman tends to
associate with others of his own socio-economic status arca, as a result, he is
• more exposed to the ooncetns of those people than he is to the entire cartminity.
An individual attempting to raise a specific question, in Wiite's experience,
very rarely asks anyone else to ask for this person. He has also observed that
a majority of calls or questions from the public do not cane from the so-called
higher economic and social levels.
i
MEMBERS PRESENT: Meardon, Cain, Welt, Knight, Baldus, Corrigan,
Ringgenberg, DeCounter, Davidsen
MEMBERS '.ABSENT NONE.
Staff Present: Rosenstein
Guests Present: Elizabeth Diecke, 15 Forest Glen
Mr. Meardon called the meeting to order at 7:00 P.M.
Mrs. Diecke stated the following points to the Committee:
1 The fact that the o Charter
Committee is in existence
istence
�I
shows that there is:a problem in Iowa 'City.
2. Part`;of thedissatisfaction is with the present at -large
elections. People aren'•t able to vote the preference but rather•.: ;ell
they must', -vote 'for a candidate who is strong enough to prevent another,
person from winning.
3. ,This negative voting could be solved.by the place system of
at -large elections.
4.' That;.the Committee should also consider nomination by wards
and election at -large.
5. 'That wards wouldn't make a difference in Council represent-
ation and that they could be gerrymandered.
6 That wards should be drawn before the special election on
the proposed home'rule charter `so that people will know in advance
what ward they, will be in.
7. That there should be a longer time period between the filing
date, theprimaryelection', and the general election so that the
issues can become'more.focused and the voters' can become better informed
on how each candidate' stands.' This period should be.eight weeks.
B. That 'people `should "realize that knowledge is power and that
the Council must do its homework.
9. That under; the present system,' there. is a'lack of a focal
point of leadership with 'there being no defined place where policy'
originates.
10. That the Mayor should be elected by the voters so that this
person would be more of a policy making leader.
11.' That under the present at -large elections, many people are
just voting for one person and thus candidates are elected by less
than a majority'.
12.` That the place system of Council elections would allow
minorities more of a chance to ,win seats on the Council because they
could delay filing until they can see a "weak" seat to run for.
• Mr. Corrigan cited a letter from Mr. William Boyd of the National
Municipal' League which suggested that nomination by wards and election
at -large may be: the answer to giving representation to the Chicano
population in Dallas who were a sizable minority but not heavily
concentrated in one geographical area.
Iowa City Charter Committee Page 2
March 6, 1973
Discussion next centered on whether one seat on the seven -member
Council should be a two-year term. Thiswould' have the effect of
assuring that a majority of the Council seats would be up for re-
election every two years. Furtheri'several of the Committee members
felt that this seat might allow a qualified person to run without
having to make a four-year commitment.
Mr. Corrigan moved that there be a seven -member Council with the
Mayor being one of these.members, and that there shall be five
Council seats being for four years, the Mayor's seat for four
years and one Council, seat for two years. Mr. Baldus seconded
the motion and it passed unanimously.
Mr. Baldus moved that there be place elections for the Mayor only.
and that the traditional at -large method of electing the City
Council beusedfor:the other seats with the winning candidate
getting the lowest, number of votes for the non -mayoral seats
servin a two-year term. Mr. Corrigan seconded the motion and
itypassed'fiveYto'-four-with Baldus, Welt. Knight, Meardon, and
Corrigan voting for the motion, and Davidsen, Ringgenberg, Cain,
and DeCounter dissenting.
Mr'. Meardon suggested'the`idea that there be a residency requirement
that an individual'candidate'must live in an area in order to be able
to`run for'certain:seats bub that all candidates would be -elected at -
large.
Discussion next centered on allowing initiative and referendum. Mr.
Corrigan moved that the Committee express itself in favor; of initiative
and referendum. Mrs: Cain seconded this,motion`and it passed unanimously.r'
Discussion was held, on what percentage of theregisteredvoters or
of the people voting for mayor 'should be required for the petition
to have, an initiative; or referendum issue'placed on the ballot. The LI
Committee felt that this percentage should be high enough so that it
must be a concerted' effort to get issue placed on the ballot, but that
the number should not be too great so that it would make this process
impossible..
Mr. Baldus moved that the petition for initiative or referendum must
contain signatures equal in number to at least 10% of the people voting
for the election of the mayor. Mr. Corrigan seconded this motion. The
vote in this motion was deferred until additional' information could be .
obtained. Mr. Rosenstein was instructed to prepare a list of percentages ss
of registered voters `and 'of people voting in the last Council election..
Mr. Meardon suggested that there might be a requirement that the people
• circulating the petition would have to post a bond and if the issue
did not receive a certain percentage of votes this bond would be used
to pay for the election.
Iowa City Charter Committee
March 6, 1973 Page 3
Discussion was, nextheld on whether there should be any regulations
as to when there should be an election held on the initiative or
referendum issues. Several suggestions were made on how to do this:
(1) The election on these issues could he held only when there is a
general election.
(2) That there could be two times a year when there would be an
<election on, theseissues, once at a general election and 'once at"a
special election.
(3) That there could be varying requirements concerning when the
issues would be placed 'on'the ballot, such that'a certain percentage
would be needed to place the issue on the ballot for a' general' election
and higher percentage needed for the, issue to be placed on the ballot
in a special election.
(4) That there be a certain percentage for the issue to be brought to
Council and a higher percentage which would 'require it to go to the
voters.
Mr. Rosenstein,-statedthat.there :were, two. types of initiative, one
' with the citizenry-writing the ordinance': and one with the citizens_
initiating the'°policy but not writing the"ordinance. `Mr.9Rosenstein
also stated, that the National Municippl League'Model City Charter
prohibits initiative power over certain areas such as the budget or
personnel. Mrs: Davidsen stated that she would get the cost of holding
an election.
The Committee next discussed recall. Mr. Corrigan moved that there
should not be'recall'in the !Charter. 'Mrs. Cain seconded and the motion
passed unanimously. :The "Committee `did desire to have the vote against
recall explained in their 'final report to Council.
Discussion was held on the Committee employing-outside counsel to
review the City Charter. Mr. Meardon`and Mrs.'Davidsen, who were the
sub-committee on this, agreed to seek counsel this week.
Discussion was next held on'appointment of the City Attorney. _Mr.
Meardon reviewed for the Committee the Committee of the Bar's recommend-
ations on
ecommend-ations`on the City Attorney. Mr. Baldus moved that the hiring of legal
officials be:left to the discretion of the City Council. Mr. Ringgenberg..
seconded the motion and it'passed eight to one, with Mr. Corrigan
dissenting.
Meeting was adjourned at 10:30'P.M.
= MINUTES
Iowa City.,Charter Committee
March 7, 1973
MEMBERS PRESENT: Meardon, Corrigan, DeCounter, Welt, Davidsen, Baldus,
Cain, Knight
MEMBERS ABSENT: Ringgenberg
Staff Present: Rosenstein
Guests Present: Mayor Brandt; Della Grizel, 1530 Sheridan;. Barton
Stone, 1219 Quadrangle; Ellis Simler, 1920 Western
Road.
Mr. Meardon called the meeting to order at 4:00 P.M.
Mrs. Davidsen moved that the minutes of February 28 be approved as
:read. Mrs. Cain seconded and the motion carried unanimously.
Mr: DeCounter,moved.that the minutes -of March 1 be approved as read. -
Mrs._Davidsen seconded and the motion carried unanimously.•_The minutes.
of<Februiry 22 1973, were deferred.
In.response to ,questions from the Committee, Mayor Brandt stated the
following:
l:That 1the'Mayor!devoted more time than other Council members.
The Mayor is in the Civic Center at least one-half hour to one hour
a'day and he devotes 'twenty `hours a week minimumto his duties. Some
of'the,Mayor''s'"duties, are to handle Council mail, which is done in,a
team approach with the City Manager, signing all of the.legal documents
of the City,'and discussing with the Manager and ldepartment 'heads the
daily happenings of:-the.City. He,further stated that the time he -,devotes ,-
'depends!on what issues are'in front of`,the Council and that he still
has time enough to run a business and to devote time to other civic
activities.
2.`' That the difference between being Mayor and being a Councilman in
regard to the amount of 'involvement of'the 'Mayor is fantastic.
3. That the Mayor and Manager, must work as a team because neither can
do it by themselves.
4:. That he has had differences with the City Managers in Iowa City but
he doesn't always air those in public
5. The outstanding characteristic of City Managers is professionalism.
6. That the Mayor should not be elected because individuals have a
tendency to think they have more power than they may have and there can't
help but be conflict between the Manager and the Mayor,especially over
administration:
.7. That he can get all the information he wants from the department
heads but that the Council should go through'the Manager in giving
•
direction or in filing a'complaint. 8 That a certain amount of recommendations from staff could be 'called
getting policy but that it still needs Council approval.
9. That policy is generated from the staff, from Boards and Commissions,
from citizens, and from individual Council members.
10. That if the staff makes policy, it is the fault of the Council.
Iowa City Charter Committee'
• March 7, 1973_ Page 2
11. That when he is,developing.a policy, he investigates.the budget
implications of that.policy to see if itisfeasible before he(brings '
it to the Council"!floor.
12. That.Boards and Commissions play an important role in policy'form-
ation,and that most policy suggestions the Council receive are referred
to a Board or^Commission.
13. That he islconcerned ,with the relationship between the Council
and Boards and Commissions and the Charter Committee should address'
itself to getting better communication between the Council and Boards
and Commissions'. He further stated that he is concerned with the lack
of direction of ,Boards and Commissions and the unclarity of their role.
He'cited "as an example' that the Boards and Commissions minutes may not
be very detailed and'thug at Council meetings he must ask staff what
happened )at their: meetings.
14. That he' doe sn't feel'- Council Committees would help in policy,
formation because each -Council member must make a decision and thus
he must have the information directly.
15. That Boards and'Commissions' recommendations play an important
rale and.;!that Ir_ -order to. overrule one he must..substantiate'.his reasons..,
for, being, against it..
16. That increase& Co '
uncil size -won t decrease 'each 'Council member's
work load,,but.that he is, not against, going to seven members.
17 .. Thai, wards scare the daylights out of him because.; in the age of
professionalism he
believes the purest form of government is° the
Council -Manager -at -Large; form. He.cited several examples of, what; has
happened in other cities with wards, i.e..: (a) `,The''Council'swapped
;zoning, (b) The Council swapped dutch elm tree removal. He further
stated that trading.services"to.please'''individual _Council members is
notthe way to have efficient government run in the best interests of
the City.'
18. That"he doesn't believe that the Council 'is not responsible and
that they have set policy that is equitable and ,just. He stated that
people are hung ,up on the word "responsive" which means that someone
is in:sympathy;and accord,with.your position._ He stated that it was
more important t0 be'responsible which means that one has to be re-
sponsible for one's own decisions.' He ,further stated,that when making
a decision the Council must consider the implications,` of that decision
and the long-range needs of the community.
19.' That the Council'' presently has a staff and office space in the City
Manager, the,staff, and the _Civic Center.
20. That if the Council felt it needed additional staff, it could get
it by a vote of a majority of the Council and that if he felt that if
it would make him more available, he would do it now.
21. That now people don't realize that they can call the Mayor or
Council.
22. That one former Iowa City Mayor had office hours but disbanded
them after,a month because no one came down during that time.
• 23. With a Council -elected Mayor, it is important that a majority of
the Council support the Mayor and that the Council should decide how long
the Mayor serves.
24.` The Council should be elected for four-year terms.
iOwa',City Charter Committee'
p: March 7, 1073
Page 3
25. if the Mayor is elected at -large by the voters, the term should
be for two years.
26- That the longer'a Council member serves, the more faith he gets
in the staff., A lot of Council members, when first starting, don't
understand how the system works, so it will take them a little longer
to geta grasp on what to do.
27. That there is considerable information available to Council
candidates,during the campaign and how informed
on theirown,initiative. .,they become depends
28. That abstention is no problem with the Council.
.2.9. That the problem of Council members declining to vote due to a
conflict of interest does not happen often enough to be a problem.
L
.30. That the City Managerhasa slot.to fill and that he can't expand
his role to ease thepositionof,Council except in the area of Public
Relations. The planned Director of Community Relations will be a big
asset because this person will handle complaints.ifrom start to finish,
recommending Policy.changes if necessary and in addition, will publicize
the
positive things�-_about city. Government. He further stated that
because the Dirdctorof,Coi.nmunity-Relations.viould stress the P I ositive,
as.-. well "as. handlingjthe complaints', mp nts, the position would'be better th-
having in:ombudsman. an
31. That the cost of running for Council is controlled by.Sta te law,.,
although, sometimes excessive amounts are
spent. The :amou nt that will
be,,
spent,in Council elections is dictated by how much is sp6nt.ori.your
oppon entes campaign and by how much you want to win. This would be
,regardless of whether there were elections:by wards or atw4arge,
32. Ihat he spent $150 out of hisownpocket in,his 1967 campaign and
nothing out of his ownpocket in 1971.'
33. That.campaigns could cost anywhere from $200 to $5000, but that
the individual running, does not pay for this.
34' �,That it would, not b
. e useful for the City to paypartof the election I
Cdstbe'cause if a candidate is credible, he or she will get financial
backers.
35. That in the first few elections, the Council -Manager Association
of.Iowa City tried to.get at least two individuals to run from each
ward, but they quit doing this because people voted for the best
candidate no matter where they lived. (Mr. Rosenstein was directed
get.copies of Mayor Brandt's study.of Council elections.) to
36. That a Council Position should not be so well paying that you
buysomeone's services. The most important thing is to get someone
devoted to the City itself.
37. That rather than wards, if people ran by Positions, bullet voting
could be eliminated.
38. That forms of government are not going to change peoples, attitudes
on lack of trust and faith in governmental officials.
39. That.the Council can't make everyone happy and that it must be
concerned with the majority of.the people.
• 40
That electing a majority of Council at each election may be
detrimental to continuity in municipal government.
Discussion next centered on the format of the public meeting and was
deferred until the meeting of March 8, 1973.
Meeting was adjourned at 5:45 P.M.
Minutes
Plannin9
& Zoning Commission
ission
• Special Meeting -- March 14,:1973
4:30 p.m.
Civic Center Council Chambers
MEMBERS PRESENT: Madsen,Beasley, Davidsen,.Henry
MEMBERS ABSENT: Ogesen, Galiher, Mulford
STAFF PRESENT: Wollmershauser, Lambert, Bonnett, Child
Chairman Madsen called the meeting to order and asked if there were
: any corrections to the minutes of the February 22, 1973 meeting.
It was moved, by Mrs'. Davidsen and seconded', by Dr. Beasley,; to
approve.the minutes as written. The motion carried unanimously.
S-7302. Preliminary Plan for a Large Scale Residential Development
for Braverman -West (vic.'southwest of intersection of Benton St.
and Mormon Trek Blvd.) Developer: Mace Braverman. Engineer:
_. Shive,;.Hattery'& Associates.(Jim Shive). 45-day:Limitation::
April 14, 1973.
Chairman Madsen explained that the,Commission_had previously.
discussed this.request as a Planned Area Development' and, since that
time, the.LSRD`Prelininary,Plan'had been''formally-submitted. He
indicated that l'the '`Commission, had 'discussed : various:, deviations
from the subdivision requirements as well as the, general scheme
:for the Planned Area'Development'and a'special meeting was requested
in
order, to, expedite the matter.
Mr. Jim Shive made :the following comments about the LSRD:
1. Braverman -West would comply with the recommendation to provide
atrunk sewerage line of approximately 3500 feet in length to '
provide sewage service to dwellings.
2. The preliminary plan failed to exclude the two 'northern .areas
left out by the actual plat plans and this would be corrected
in the legal description.
3. A variation from City policy is requested so that asphaltic
concrete could be used instead of concrete.
4. A variation is requested on street width to allow 22' instead
of the required 28' on the street adjacent to Mormon Trek
Boulevard.
5. 'Sidewalks would be provided along streets.
6. A variation is requested in curb type to allow rolled type
curbs.
7. A variation is requested in curb cut width to allow curb cuts
in excess of 24'. He stated they would comply with the 20'
16. Mr._Shive;.stated that he felt, it was a matter of interpretation
of the Municipal Code that cross walks between the various culs-
de-sac should be provided to insure adequate internal circulation,
and they are not in agreement with this.
17. They are asking for a variation from the Municipal Code to
allow sidewalks to be located three feet from the property line
of abutting lots, rather than one foot.
16. Mr. Shive indicated that the City requires a 3" lift curb on
all driveways and, only if they were not allowed to use
asphaltic concrete, would they wish to conform with this
requirement.
�• -i; -r .
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minimum distance between'a driveway and a corner.
B.
Braverman -West would indicate on"the plan the height of the
proposed structures.'
9..
They would comply with the recommendation to indicate sidewalk
width, curb cut lengths, and pavement widths.
10..
They concurred with the easements being required for the D.E.A.'s
and agreed that easements will be required for fire hydrants.'
Mr. Shive stated that they did not concur, however, that the
D.E.A.!s are a circumvention of the intent of the Municipal
-
Code concerning maximum length of cull -de -sac.
11.
As a matter of explanation, Mr. Shive stated that the distance
between buildings was not indicated,except as shown onthe
"typical" lot layout, and this was done in an attempt to 'show
there.is little ornodistance between buildings.
12.
Mr. Shive 'indicated that off -center culs-de-sac seem important
to the aesthetics of the project and ,they do not feel this is
a departure` from City standards.
13.
He stated they were not aware of ,any City policy.prohibiting
one-half a cul-de-sac and felt this would add rather than
detract from the..development.-
14:.
Braverman -West would be willing to'obtain an agreement with
the property; owners to thesnorth regarding dedication of
sufficient ROW to result in the needed ,public ROW, to accommodate
a collector street. ''Mr. Shive stated that he felt they 'should
_
only,be,responsible for paying half the cost of paving West
Benton Street and the people to the north responsible_ for the
'cost of paving the other half.',
15.
They agreed that the water mains in the culs-de-sac will have
to be designed in a loop around the perimeter of the culs-de-sac
for "engineering reasons.
16. Mr._Shive;.stated that he felt, it was a matter of interpretation
of the Municipal Code that cross walks between the various culs-
de-sac should be provided to insure adequate internal circulation,
and they are not in agreement with this.
17. They are asking for a variation from the Municipal Code to
allow sidewalks to be located three feet from the property line
of abutting lots, rather than one foot.
16. Mr. Shive indicated that the City requires a 3" lift curb on
all driveways and, only if they were not allowed to use
asphaltic concrete, would they wish to conform with this
requirement.
'Page: 3
Commissioner Henry, asked to what extent the commission could
consider variations. Mr. Wollmershauser stated that Section
9.50.6A ofthe'Municipal Code,states that the Commission may
grant exceptions if it.could be shown that'strict compliance
with the requirements would result`in extraordinary hardship to
the subdivider because of unusual topography, excessive costs,
or other such non-selfinflicted conditions.
Chairman Madsen stated.that the difficulty seems to be that the
developer feels they would like to take advantage of some statements
in the PAD ordinance which might permit some variation. it was his
feeling that in some cases there may be reasons for variation, but
they have to be very special reasons or otherwise variations may
be granted endlessly. He felt many of the Variations requested by
Braverman-West.were not justified on the basis of some peculiar
situation, but rather on the basis of cost. He indicated that it
would be possibleto argue on the basis of aesthetics,, but pointed
outthat would be a value.judgment.
Mr. Shive indicated that it does pre I sent a hardship to the developer
to preserve the woods,and the terrain that is there. If they arel
not permitted,some variation from the Municipal Code, it forces them.
todisregard the -topcgrAphy.:and � go: about the development in :an
entirely different fashion. It . would, he stated, become economically
unsound to preserve the topography of the area under.the present
City requirements.
Acting City Engineer George Bonnett gave a presentation outlining
the City's position as�stated'in the Staff Report.
Discussion ensued and the Planning & Zoning Commission made the
following comments:
1. Agreed that Braverman -West should comply with the recommendation.
to provide a trunk sewerage line.
,2. Agreed that thepreliminary plan legal description should reflect
the two northern areas left out by the actual plat plans.
3. Agreed that City standards should apply regarding paving with
concrete.
4. Because of the fact that only one side of the street adjacent
to Mormon Trek Boulevard is used for access, the Commission
indicated their willingness to go along with a street width of
22' and that no on -street parking would be permitted.
5. Agreed that sidewalks should be provided along streets.
6. Would prefer to go along with City standards on curb type with
the exception of permitting rolled type curbs in the immediate
turn around area of a cul-de-sac.
7. A majority of Commissioners agreed that they would consider a
maximum permitted curb cut width to be 30'.
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di
•' Mrs. Davidsen pointed•"out the possibility of setting a precedent
to :;allow .this kind of a variation on curb cuts. Chairman Madsen
agreed that precedents;are very easily set and that others could
also say 'theirs `is an unusual situation, etc. Commissioner Beasley
expressed„the opinion'that.some concessions may be in order,
especially when you realize that the'Braverman-West development
could have been an apartment project,'which it isn't.
Mr. Shive agreed that some off-street parking areas would be designed
to,make.it unnecessary for drivers to back into the streets.However,
in some cases, this would probably, be impossible to arrange. Members
concurred that .;:this,would'probably be acceptable, if held to'`a
minimum, in order to assure adequate parking in the development
area.
Mr.' George Bonnett stated that, as a matter of record, the Public
Works'Department,would object to.any and all parking areas on the
street.
8. ;Agreed that the height of structures should be indicated on the
plan.
9. Agreed that off -center and one-half cull-de-sac would be ,
worked out,; with the .City Staff. s
10.', Concurred that the,.developer would attempt to work out an
agreement wth,property ;owners to the north regarding dedication
of-sufficient ROW.
11. Commissioners concurred that sidewalks must be located one foot.
from the property line of abutting lots, and Chairman' Madsen
pointed out ,that this would mean a 20' setback. He explained
that,. this was true because the. Commission at the February 22,
1973 'meeting:whenl.they.,approved the recommendation of 16' set-
backs, rationalized that Braverman-West could use the 3' of
parking on the "ROW, This ,is prohibited by the City.Code.
It was moved by Dr. Beasley, seconded by Mrs. Davidsen, to defer action
on the Preliminary Plan for a Large Scale Residential. Development for
Braverman-West to the next meeting.- The motion carried unanimously.
The meeting adjourned.
Mr. Lyell Henry, Secretary