HomeMy WebLinkAbout1995-03-06 TranscriptionMarch 6, 1995
Council Work Session
Page 1
March 6, 1995 Council Work Session 6:30 PM
Council: Horow, Kubby, Lehman, Nov, Pigott, Throg.
Staff: Atkins, Helling, Woito, Kerr, Davidson, Miklo, Brachtel,
Shaffer.
Tapes: 95-37, all; 95-38, Side 1.
Review Zoninq
ITEM NO. 5a.
Matters 95-37 $1
Consider setting a public hearing for March 28,
1995, on an ordinance amending Title 14, Chapter 6,
entitled "Zoning," of the City Code by revising
Article L, entitled "Provisional Uses and Special
Exceptions,,, Section 1M, entitled "Neighborhood
Centers," to repeal the access requirement for
neighborhood centers.
Miklo/ This was recommended for approval by both P/Z and staff.
Horow/ Any issues that we should know about?
Miklo/ Didn't seem to be controversial at P/Z. The city is funding
a neighborhood center on Roberts Road... west side .... local
street ..... provide services to the community residents .... We
didn't see the need for arterial street access in a situation
like that... everyone will be within walking distance .... We
are anticipating a fairly small volume of traffic... will be
reviewed by Board of Adjustment .... address at Board level.
XTEMNOo 5b.
Public hearing on an ordinance amending the
Conditional Zoning Agreement for 1069 Highway 1
(Westport Plaza) to allow an additional
freestanding pylon sign. (REZ95-0002)
Miklo/ This was recommended against by both P/Z Commission and
staff ..... allow the addition of one free standing sign in
Westport Plaza ..... (refers to map) There are additional
signage on the building ..... There are also other areas where
they could also put signage .....
Nov/ They are allowed 15% in each facade.
Miklo/ Right .... The CZA has not been returned from Florida .... do
anticipate that it may be returned by tomorrow .....
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NO. 5c.
Public hearing on an ordinance conditionally
amending the use regulations of approximately 13.09
acres located at 655 Meadow Street from P~4-12, Low
Density Multi-Family Residential, and RS-5, Low
Density Single-Family Residential, to RS-8, Medium
Density Single-Family Residential. (REZ94-0020)
Miklo/ Several question came up at the last meeting...additional
information to report to you. I did speak to the Fire Marshall
about access to this general area and Bill said you
provide emergency vehicle access from Dover Street to the
south and Meadow Street to the north. He is concerned...in an
ice storm portions of Dover Street would be impassable ....
There is the alternative of coming from Meadow Street. There
is an embargo on the bridge .... they would send a truck over
it.
Kubby/ When that bridge is replaced, that embargo would be lifted
Jeff Davidson/ (Refers to map). That is the one we are replacing.
(Hand held mic problems).
Horow/ It still can be accessed...
Miklo/ The Fire marshall, in terms of this development...prefers
two ways in and out... so he would see that as a negative with
this particular development. However, he also indicated that
it is better to have a lower zoning in a situation like that
than the current P~~12 zone. A question also came up about the
grade on Dover Street...grade in that area, if you take the
entire section of Perry Court around the curve, is
approximately 9.6%. The area where the new street entrance
would be built is at 8.1%.
Pigott/ Can you point out where that new street is ....
Miklo/ The new street would enter in this vicinity. (Refers to
map).
Pigott/
Miklo/ (Refers to map).
Horow/ Is that the same degree as Weebet Street?
Miklo/ Just for comparison, our subdivision standards for arterial
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street is a maximum of 9%, collector 10% and local 12% .....
Kubby/ When you said Perry is 9.6%-
Miklo/ (Refers to map). That entire distance is 9o6%...new
street... 8.1%
Kubby/ Guidelines used for secondary access, you would look at
where the new street enters-
Miklo/ For secondary access we would actually look at the grade on
the new street which would be from this point west, which is
4% .... Jeff Davidson may be able to address that a little
more. He will have information about traffic counts .... Also
requested that we speak to the developer about limiting the
number of units. Currently the CZA will limit that to 72 and
he says he would not enter into an agreement limiting it below
that. You had also asked the developer to approach George Gay
about potential access across the funeral home property. And
I believe he is doing that and we will check with the Gays
ourselves to see if there is any movement in that area.
Pigott/ Will he know something tomorrow?
Miklo/ We should ....
Horow/ That would have to come down the total length ....
Throg/ Road there in that southwest corner anyway ....
Horow/ It would have to be extended farther south ....
Kubby/ Do you know what the distance is between Muscatine Avenue
and the southern part of the tract?
Miklo/ ...I can find that out between now and tomorrow night .... 200
feet ....
Horow/
Kubby/ How much paving would there be? .... How much of a burden that
Horow~ So between Muscatlne and the southern portion of that
property there is approximately-
Miklo/ ...I can look at the map and give you an answer. Another
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question... stronger language regarding the trail .... he
agreed to amend the CZA ..... Agreement has been amended to say
the developer will participate and pay up to $5,000 for the
trail... estimate of the trail .... total of $7,000. It may be
less than that ....
Nov/ Can you do something there to accommodate Mr. P~hodes concern
that the trail be described as hard surface...
Miklo/ At the time of the plat we would put those specifics in.
Woito/ Sarah (Holecek) said the language "to the city's
satisfaction" was put in there ....
Miklo/ Right, to the city's satisfaction ....
Woito/ That is what we talked about last week.
Kubby/
Miklo/ You also asked about traffic counts and accidents counts in
the area .... Jeff Davidson ....
Woito/ And Mr. Brachtel is here for the accident history .....
Talked quite a bit about...secondary access question and the
traffic counts .... here they are if they have questions ....
Jim Brachtel/ ...five year accident experience that we have had
there .... pin maps...based on accident reports we received
from participants in accidents... no intersection accidents
between Muscatine and friendship. We did find a couple of
gridlock locations .... (refers to overhead projection) ....
Weren't able to research the accident reports themselves ....
accident that occurred on Perry Court was likely weather
related .... two occurred down by Moose Club...weather related
also .... So during five year period there would have been six
reported accidents .... in all likelihood three of those would
have been weather related.
Kubby/ If someone calls in because their car hit a parked car,
would that show up on here?
Brachtel/ No.
Kubby/ How do we find out about that kind of stuff?
Brachtel/ We don't unless they file an accident report .... if they
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have filed an accident report with the city, that would be on
here, yes.
Kubby/ Linda, do we have the legal ability to say we want fewer
units because of the secondary access issue...?
Woito/ If you have a rational reason for asking for that grounded
in some engineering or planning or land use factor.
Horow/ Do we feel that...?
Woito/ Clearly staff doesn't. That is why I want you to hear what
my potential witnesses are going to say on the witness stand
Throg/ ..... The 1,000 cars per day guideline .... current traffic
counts .... 700 vehicles per day. So we could... we wouldn't
want to exceed 1,000 ...... that is somewhere around 40 units.
There is a rationale there .....
Davidson/ I can produce a traffic engineering journal that will 1
~how you up to 2,500 as being an acceptable street standard
~i~ It is a design guideline .... just we use that as a
n guideline ....
Throg/ As a guideline we are suppose to take into account the
unique topography .... It is safety .... clearly an issue here
with regard to this particular street .....
Davidson/ In doing out assessment of the secondary access
situation, we looked at physical features .... anything that
could disrupt or create a higher probability of there being a
problem with emergency vehicle access.
Horow/ .... This would bode well for a downzoning...rather than
leaving it at the current zoning ....
Kubby/ With this particular rezoning...72 units .... We could
either fezone it without the CZA and get that number through
our platting process ..... because of lack of secondary access
..... If there was that basis and we didn't want 72, we should
say no to the CZA .....
Woito/ I am saying that it needs to be articulated in terms of what
you are thinking and what you deem as safe. It is a
legislative decision to be made as to the safety .....
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Horow/ When we go to this point...this has to be equally applied,
our guidelines, throughout the whole city .....
Woito/ Obviously strive for some consistency...each plat...case by
case basis...
Kubby/
Horow/ If we go above those guidelines is that considered ....
taking .....
Woito/ No.
Horow/ How would we be able to decrease the number of units in a
given zone justified by increased standards interpretation of
a guideline?
Woito/ Jim probably articulated as simply as you could come up
with .... assume that you want to stick fairly rigidly to the
1,000 trip addition, limit, threshold for a local street and
say you are not going to go beyond it. The problem is going to
be is we looked around in that neighborhood and you have
already got existing areas that go well beyond that.
Davidson/ Our calculations on the number of trips is based on a
projection .... There are other areas in this very neighborhood
.... that have a higher number of lots ......
Kubby/ So what is a maximum daily trip capacity currently on a
local street in that neighborhood?
Davidson/ Capacity... is much much higher.
Kubby/ Actual count ....
Davidson/ In the range of 690-700 and something on the Dover Meadow
area which Jim mentioned earlier.
Woito/ So if you apply the numbers straight across the board it
would mean if you had 600 and you would take whatever number
of trips and divide it by the units to get how many units you
could get and you could build... that is almost a cookbook
approach to planning which I think you need to bring some
judgement to bear on in terms of whether you truly deem it
safe or unsafe.
Kubby/ So, at what point does the guideline have no function...?
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Woito/ We toss this around... what do you think would be dangerous
.... 3,000 trips would be dangerous... move from that point
down to where we are now.
Nov/ You are still talking about guesstimates.
Wolto/ It is a matter of judgement.
Nov/ If you average seven trips a day...days when there are ten
trips a day .... cannot predict this kind of thing.
Pigott/
Lehman/ What is the difference in number of units in the present
zoning from what they are asking for?
Kubby/ 117 or something.
Davidson/
Miklo/ Roughly RM-12 area can accommodate 150 units, RS-5 area
probably no more than 6.
Throg/ A downzoning of almost 70 units .....
Miklo/ Under the concept plan that we have seen .... is 72 units...
RS-8 would actually allow somewhat more than that.
Woito/ So even if you defeat the zoning, he can still come back
with a subdivision and you will be faced with the very same
problem.
Lehman/ The present RM-12 allows how many?
Pigott/ 150-
Horow/
Kubby/ So
Lehman/ I
development that has fewer units.
it is even lower than the zoning allows ....
don't quite understand what the big huge cry is .... a
Kubby/ Problem is if Dover Street were a pretty straight street
Lehman/ Qption is 156 units as opposed to how many...?
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Kubby/ With that many units we would require secondary access. We
have the power to limit the number of units.
Davidson/ Regardless of the zoning, our concerns about secondary
access will be the same ....
Throg/ Even if it remained at its current zoning... staff would
reco~u~end 72 units ....
Davidson/
Woito/ For subdivision plat with the old zoning and the same
configuration and you would have the same problem ....
Throg/ Sounds to me issue is more one of proper zoning of the land
rather than it is the number of vehicles ..... If we are going
to be thinking in terms of secondary access ....
Horow/ What you are saying is platting is going to be more
important .... platting is how you look at where the number of
units ....
Kubby/ ...the vote has a CZA that includes the number of units .....
I guess the issue...hoping we could get down...50 .... or 60
instead of 72 to try to balance ..... the safety along that
street .....
Pigott/ If you drove down there tonight...slipperyo.. a problem ....
Horow/ At what point
developer .... I
changed .....
does this become counter-productive to the
would rather have the underlying zoning
Kubby/ Can we vote for the zoning change without the CZA and refuse
to sign the CZA .... because then we have the underlying zoning
and we can continue to discuss this for the plat on a number
lower than 72...?
Lehman/
Woito/
Lehman/
Horow/ What is the lowest that we have heard that the developer
will-?
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Miklo/ He said if this rezoning isn't approved he would submit the
plat, perhaps slightly different configuration ..... (refers to
map) .... He has indicated to staff that he would submit
approximately the same proposal if the zoning is not approved.
Pigott/
Miklo/ In terms of our plat we do have secondary access...to the
north or access to the south .... We would consider in terms of
our guidelines, we would have no more than 504 vehicle trips
per day. That meets our ~econdary access policy.
Woito/ That is where I am confused.
that comes out and hits Meadow.
threshold.
The point at which-The street
That is your secondary access
Davidson/ That is the point in which we measure secondary access
.... at that point there are two means of access ....
Woito/ And we all right at the threshold of 504?
Davidson/ What we have is a guideline, not a policy .... arbitrarily
used the midpoint number of our design guideline .... the
design guideline, that is law .... this secondary access
guideline is just that, a guideline ....
Horow/ Where else have we exceeded... this guideline .... ?
Davidson/ .... First and Rochester area ....
Woito/ Village Green.
Miklo/ (Refers to map) .....
Davidson/ ...traffic volume on the existing streets is one of the
concerns as well .... point at which the traffic would come out
of the subdivision onto the existing streets, we have
estimated 504 vehicles a day ..... at that point we don't
control which direction that traffic turns ....
Kubby/ How we arrived at 72 was using that cookbook formula ....
Horow/
Woito/ I was getting lost in our discussion between secondary
access and the 1,000-
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Davidson/ I think there are the two issues...
Horow/ Issue right now 'is the rezoning .... Are there any other
questions for staff...?
ITEM NO. 5d.
Consider an ordinance conditionally amending the
use regulations of approximately 13.09 acres
located at 655 Meadow Street from RM-12, Low
Density Multi-Family Residential, and RS-5, Low
Density Single-Family Residential, to RS-8, Medium
Density Single-Family Residential. (REZ94-0020)
(First consideration)
Miklo/ The legal papers are in the City Attorney's office~...
ITEM NO. 5e.
Consider a resolution approving the final plat of
D&L Subdivision, a 6.41 acre, four lot colmuer¢ial
subdivision located on the south side of Highway 1
West, west of Sunset Street.
Miklo/ Excuse me .... , would be the first consideration ....
Horow/ So, legal papers are here. That's it. Thank you very much.
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Telecommunications: leqislative Issues 95-37 Sl
Helling/ Drew is here. Purpose of what we are doing is just try to
give you an update before we go to Washington on what the
current issues right now are regarding telecommunications
legislation. We have provided you with an outline that
includes both some historical information and focusing on the
issues... The historical part of it...answering your
questions .... don't want to spend any more time on this than
you need .... maker you as comfortable we as possible...
talking to legislators about this. Just very briefly ....
background°.. when we franchised first in the late 70's it was
pretty wide open... Cable Act 1984 which is primarily cable
companies legislation .... deregulate rates ..... and it also
created a lot of criteria for franchising and franchise
renewals .....established a limit of 5% as a local franchise
fee .... the '92 Act tried to re-regulate... legislate the
authority and turned it over to FCC to create the rules and
regulations and so what we have now is something as bad or
worse .... The '94 Act did leave in place a lot of what was in
the '84 Act .... the '92 Act I mean .... including the franchise
fees... Congress has been trying to expand to pretty much a
whole new ball game .... Trying to let the telecommunications
industry to expand to include cable companies, telecos,
wireless whatever .... open the market to competition .....
discovered .... what goes with the '92 and '84 act really isn't
appropriate anymore .... seeing is an attempt to really kind of
come up with a whole new ball game in telecommunications .....
last year there was legislation that failed at the last
minute ..... wasn't happy with way cable companies and
telephone companies were responding .... it didn't go through
House and Senate ..... whole new ball game .... consistent
through... from very beginning... franchise fee .... Drew will
talk about ....
Drew
Shaffer/ I will just concentrate on issues that I see coming
up in legislation .... Basically what we are seeing .... they
are talking about essentially allowing telecommunications
industry... into public r.o.w. without any franchising,
licensing .... permitting and everything that may go along with
that .... one of the things that we wanted to point out ....
stress importance of city government maintaining and managing
the public roo.w ..... Along with that the local government
right to receive some kind of compensation from private profit
making use of that public r.o.w ..... In terms of the
franchising .... kind of chipped away at .... this bill is
essentially would attempt to gut that whole capability .... The
cities feel ..... should play a role in determining what the
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needs of the locality are ..... in terms of gaining access ....
in way of what it is they are capable of carrying .... examples
.... access channels ..... There is going to be basically
telephone 'companies and cable companies carrying audio...
voice... video... all in your home... wire .... All the
legislation we have seen coming through... is turning over...
to FCC ..... We are trying to stress the point that we think
localities should have something-to say in dealing with these
telecommunication companies .... like local ability .... use of
carrier service for critical information .... public
institutions... Finally we are hoping that one of the
messages...they create a level playing field .... FCC is in
ernest attempting...phone industry to provide video .... We
sent a letter... telephone companies should be treated like
the cable companies if they are going to be allowed ....
Kubby/ ...has it gone as far as no franchising process, period.
Shaffer/ That has been discussed, yes ....
Kubby/
Throg/
Horow/ Unfunded mandate ....
Shaffer/ ...they simply override what it is we have in place ....
potential... threat to erosion of rights of local government
to control public r.o.w. and manage public r.o.w ......
Horow/ My question... Linda...
Woito/ 9th and 10th amendment issues ....
Horow/ Utilities law...
Woito/ It is really an intrusion in the state's rights ....
Lehman/
Nov/ Telephone companies do not pay fees to date.
Horow/ In some cities they do ....
CHANGE TAPE TO REEL 95-37 SIDE 2
Shaffer/ .... out of the information business .....
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Nov/
...I came to a conclusion that this kind of video dial tone
and emerging video television telephone is probably not going
to happen... Is it~likely to happen in Iowa...?
Shaffer/ It is already happening... Cedar Rapids... Des Moines ....
U.S. West has an experimental license .... wherever they think
there is a potential place .... Iowa City is a profitable
market ..... How dissatisfied is the cable customers ....
Helling/ .... Now the telephone companies are equipped to do that
.... It is a whole new deal.
Horow/ Is the city still capable of doing something like this...?
Helling/ We would have had to ...build our own system ..... Now, to
do that .... competing with cable company and also with the
phone company ....
Throg/
Horow/ citizens have to know that .....
Nov/ More concerned about the regulation of phone rates ....
Shaffer/ Issues .... cross subsidization .... hotly contested issue
right now in Congress... difficult to track the finances of
corporations .... but the phone industry is so much larger ....
Nov/ In Iowa there must be several dozen little phone
companies ..... What happens there?
Shaffer/ Many of the smaller phone companies have been given
permission to provide cable programming to the smaller
communities.
Lehman/ From consumer standpoint, what would happen...?
Shaffer/ Personal feeling you are going to see the rates go Upo..
when the rates were deregulated .... rates just started to grow
substantially ....
Throg/ Counter argument... two competitors .... competing with one
another .... consumer would benefit ....
Lehman/ ....
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Pigott/ Services you might get from your phone company might get
more expanded ..... more for your money ....
Lehman/
Shaffer/ Aside from the issue of rates .... access channels...cannot
tell you how many people watch some of the programming... what
.is being proposed... would not have the possibly to have those
channels to do that kind of programming locally.
Pigott/ Are there any good guys .... advocates that we should be
sending letters to as well?
Shaffer/ Senator Hutchinson from Texas .... is a Senator that has
stood up and fought for city right .... she can use other
people there supporting her.
H6row/ Could you get me a~set of the letters that we have sent say
over the past six months... set for each of us so that we have
these .... been involved in this...?
Kubby/ ..... we want to be able to have control over our r.o.w ....
want franchise process .... want franchise fees for anyone
providing same kind of service ....
Horow/ Subset is fact that our population does use the access
channels ....
Lehman/ It can probably be shown... going to 10se public access
channels... consumer is going to have to pay more ....
Horow/'Let me alsogive you a copy of the Senior Center T. V. Media
Award so that you will have those ....
Throg/ If the franchise fee goes away because of whatever
legislation .... we would not have the power to adopt a tax on
services provided by those companies.
Woito/ You're right. We would not have the authority to impose a
tax .... question... whether we would have a right to charge a
fee for use of r.o.w. which I think we could ....
Lehman/ ...consumers, they are the losers .... bottom line is they
will get less service for more money.
Woito/ It would be an interesting battle to say pay our r.o.w. fee
or else get out of our r.o.w.
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Horow/ I would like to know the legal aspect of that .... could
cable people come in through .... could telecos come into our
r.o.w. based on the current no franchise that the telephone
companies have right now.
Woito/ Yes .... and U.S. West one is 1892-
Lehman/ ..... small antennas .... won't need a wire coming into your
house ....
Shaffer/ ...One of the things we have seen in the media industry...
biggest players swallow up the smaller players ..... Satellite
players .... larger entities eating them up .... paying for what
· you get .... put money down to buy it...pay for service on a
monthly basis ....
Nov/
Shaffer/ They don't carry the local channels... can't do anything
interactive.
Lehman/ ...matter of economics .... way we have it is the best of
everything.
Horow/ Need our local media, non television, to get the citizens in
Iowa City to write to their state representatives, national
representatives. Any other questions?
Helling/ Always t~lking about tooting your horn. This is one where
you can to the legislators. We have spent every dime that has
come in from the franchise fee revenue over the last 16 years
to put it back into the system ..... do anything in access ....
Important for them to understand that you are coming to them
as somebody who has dedicated that money to this purpose ....
That is important...
Kubby/ Nice to have some solid numbers on how many households tune
in to .....
Atkins/ We could survey.
Shaffer/ Yeah, we could survey.
Horow/ What I would ask is to review our annual budget
-franchise brings in each year .... past three years,
been the annual franchise?
that the
what has
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Helling/ $275,000 average over three years ....
Throg/ I guess I would like to know whether we have the ability to
adopt a fee for the use of r.o.w .....
Woito/ I think so.
Arkins/ As long as it is a fee and not a tax ....
Woito/ ...enforce it ....
Nov/ Put it on the bills...
Atkins/ Can we tax the assets in the public r.o.w.?
Woito/ No.
Atkins/ They have an asses, a capital asset...
Woito/ In terms of Dan Hudson, yes. But for those of you that have
been around long enough when I fought Heritage Cable
Vision .... The Iowa Supreme Court eventually went to a
replacement cost new depreciated method of assessment ...gets
down to equipment .... get down to very little value .... They
are paying a modicum of taxes in term sigh equipment...
Atkins/ ...actual value of the asset if the r.o.w that it sits in.
Woito/ Correct.'.. did do a major upgrade and increased their value
somewhat in the last couple of years.
Atkins/ Did stocks of those companies go up...?
Woito/ You bet your bottom dollar that they did ....
Atkins/ ..... value of my stock is going up ....
Lehman/ Companies were sold and resold ....
Atkins/ Argument of the need to raise rates is dramatically reduced
when you can say the value of your stock has increased
steadily during that period of time .... creating capital for
yourself. Rat.e is only one factor ....
Lehman/
Arkins/ Point is is that rates were regulated and the value of the
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companies went up.'
Lehman/ Based on earnings.
Arkins/
Helling/ They were growing here in terms of penetration rate ....
Atkins/ ......
Throg/ Curious about a worse case scenario... disappears the
franchise prQcess .... wbuld there be anyway by which we could
insure that PATV... and Channel 4 were still somehow made
available ....
Shaffer/ We would have to lease the channel space ....
Woito/ We would have to negotiate it ....
Shaffer/ .... five channels... $500,000 right there... doesn't
include... labor, hardware .... chunk of money if that is the
worse case scenario ....
Horow/ That question should be raised for our Congressman .... If
there are any other tidbits...put them on a memoo..Wednesday
is the deadline ....
Kubby/ Do you know, Steve, if we did get an appointment with
Grassley...?
Atkins/ I will check.
Helling/.Question about franchise fee .... $275,000... also funding
fo~ PATV... average is $140,000 a year .... that is what we are
talking about in terms of current revenue ....
Atkins/ $415-
Horow/
Nov/ Some of us who remembeP when cable t.v. was locally owned ....
Horow/ .....
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March 6, 1995 Council Work Session Page 18
Appointments 95-37 S2
Horow/ Consider appointments to the Board of Library Trustees ....
got one vacancy and we have five applicants ....
Pigott/ I would like to nominate Jim Swaim.
Horow/ Second that. It has been nominated and seconded ....
Lehman/
Kubby/ I know that Mark has applied before...
Horow/
Lehman/ Very active guy .....
Kubby/
Throg/ I would like to say something about Ron Wright .... Very
interesting conversation with him .... thinking is very good
here with regard to library expansion ....
Arkins/ Is there any problem ...Jim is a contractor with the
city...?
Horow/...I don't think so.
Woito/ They really don't overlap, do they?
Atk~ns/ No .....
Horow/ Okay, there is four for Jim here. Next on is for Board of
Appeals. There is one vacancy and one applicant.
Kubby/ .... I am nominating him.
Throg/ I will second.
Kubby/ I thought I had three women who were going to apply and none
of them are here ....
Horow/ Next on is the Housing Commission ....
Nov/
I really would like us to not put anybody else on this Board.
I think if we are planning to merge these two, let's just
merge them .....
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Kubby/ ...I would hope that we would not reappoint Jack McMahon
even though he is someone I really want .... I got his
attendance record today. In 1993 he missed 9 out of 13. In '94
he missed 8 out of 13.
Lehman/ I agree with Naomi. If we are going to do this .... simpler
for us not to appoint anybody.
Pigott/ You would prefer not to appoint anyone for these three
vacancies?
Nov/ I tried to talk to Marianne today... I will try tomorrow°
Karr/ Marianne Milkman did phone me Friday and did wish a message
if this matter came up .... Fact that there was still work to
be done on combining the by-laws and creating a new board or
commission that would require a number of meetings to finalize
those type of details and she just wanted to note that because
she did not deal with that in her memo.
Horow/ But this is May 1. Would this be assumed to be accomplished
by May 17
Karr/ I believe her intent in the memo, as outlined, was to be
given the six months and at the end of that period of time
that attrition would have taken place and the Board would have
come down to the 11 members she was requesting and that would
given everyone ample opportunity to do the by-laws.
Kubby/ In the memo .... it does say no new appointments after March
7 .... do these but don't do anymore.
Nov/
Karr/
Throg/ .... defer it...
Kubby/ We did have another applicant, David Purdy. I talked to him
this afternoon and said if you were appointed... committees
would be merged. He said...he didn't know that .... and it was
okay with him if he only served a short term .....
Horow/ Are there four people who would be willing to defer this..?
Okay, great. Let's do that. P/Z. We have two vacancies, two
applicants .... So we have Ann Bovbjerg and Lea Supple.
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Kubby/ ...we are going to have more women on.
Horow/ I know, great. Gender balance ....
Throg/ I am a little concerned that this is such an important
commission and yet we only have two applicants for two
vacancies and I understand it is a five year term .... big
burden .... I would like us to consider extending the time for
obtaining applicants.
Horow/ Well, you have one person who already understands the-
Throg/ Ann is wonderful and I would fully support her.
Lehman/ I think you have a good point.
Kubby/ The other concern I guess I have is just the position that
we put a realtor in on this particular commission.
Horow/ Oh no. I sat with Jackie Blank and I learned a great deal
from her ...... recognize the breath of knowledge and the hope
that she brought to the discussions. I would disagree with you
on that...
Kubby/ Well, I do have that concern.
Pigott/ Has there been a conflict of interest problem with any past
realtor that has set on P/Z...?
Kubby/ If Tom Scott and D~ck Gibson can be on there without a
conflict.
Horow/ Jackie did not have a conflict. If they did they recognized
it.
Kubby/ If they had an interest in a specific development they would
Horow/ Are there four people who wish to prolong this?
Throg/ I would like to.
Kubby/ I wouldn't mind deferring this one either, too.
Nov/ I was ready to appoint those two women.
Horow/ I am, too.
Thlsrepresents~nly a reasonably accurate transcription of theIowa CI~ council meeting of March 6,1995.
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March 6,
Lehman/
tough
interested-
Pigott/ I don't
commission.
1995 Council Work Session Page 21
I was, too, but I think Jim has a good point. That is one
be
commission and if we have other folks who might
mind especially since this is such a
big
Lehman/ I have no problem with two applying, don't get me wrong.
Nov/ I would like to see Ann Bovbjerg on there .... continuity is a
good idea.
Pigott/ You know what interested me is the number of people who
applied for the Library Board.
Nov/ Well, it is a lot less work.
Kubby/ This next year it is not going to be.
Nov/ Well, it generally is.
Pigott/ The point is, too, that this is so important ....
Nov/ P/Z Commission regularly meets four times a month.
Throg/ Is there any way we could be more aggressive in publicizing
these two vacancies on the P/Z Commission...?
Horow/ I think those of us who are interested in it, we also-
Pigott/ Association neighborhood newsletters.
Kubby/ I know that CCN announces vacancies every month and they
each carry around applications.
Horow/ League of Women Voters has advertisements.
Throg/ How about a salary increase...?
Horow/
Nov/ I would like us all to look for people who could be on the
Animal Ad¥isory Board. That has been advertised and advertised
Horow/ All right, you want to extend the time on this.
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Lehman/ I don't object to' doing it.
Pigott/ I don't either.
Throg/ Is there any potential insult that goes to the two people
Kubby/ Yes there is...
Horow/ I think there is. I think the one did not get on the Library
Board but I think she would understand that because of the
gender balance but she has indicated that she wants to do
this. This comes out of the Grant Wood Neighborhood
Association. They have worked hard.
Kubby/ The Grant Wood area.
Horow/ On the area, that is right. But they did work hard to get
people to consider these.
Kubby/ It is true although some people I talked to from the
association said they were interested in the other applicant
from that area.
Lehman/ ..... couldn't go wrong with hardly any of those folks ....
tough ..... then we tell them no ....
Nov/
Lehman/ I don't know. We got two folks who I guess are pretty
qualified. I would really hate that either of them would feel
in any way offended by us continuing to the next meeting.
Throg/ Let me react a little bit. I am totally prepared and would
be quite enthused to appoint Ann tonight. I know her. I have
~een her. I think she does a really fine job. I haven't talked
with Lea. I don't know how she thinks. I don't have any idea
how she thinks. I don't know whether she would be a better
appointee than someone else who might apply .... I haven't even
talked with her ....
Kubby/ Well, they didn't call, so therefore, they are not as high
in the running ....
Horow/ You know, this is at best an art .... We have had people...
one appointment to the Airport Commission be really insulted
when we extended it .....
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Throg/ For one of these positions I think we should defer because
it is an important appointment because I haven't had a chance
to talk to the person involved ....
Horow/ Jim, would you be willing to try to talk with her tomorrow
because I feel uncomfortable in making one appointment but not
making another one.
Throg/ Well, then fine, I would not push Ann in terms of appointing
her if we can't do that.
Horow/ Would you be able to call Lea tomorrow?
Throg/ Well-
Horow/ I have talked with the chair. The chair doesn't have any
problem-
Throg/ I can certainly try. Tomorrow is not a good day for me to be
doing stuff.
Lehman/ You could have (gotten) time to do it tonight.
Kubby/ Can we keep. it loose and see because I frankly would like to
talk to her, too? Tomorrow is also a very busy day for me and
she is a realtor and I assume she is going at it now and she
is hard to catch. So I will make an effort to make time to try
to reach her.
Horow/ I will try to get her early in the morning. Okay, get to me
tomorrow before council. I would appreciate that.
Board of Library Trustees-Jim Swaim
Board of Appeals-John Staska
Housing Commission-Defer
Planning and Zoning Commission- Defer to Formal Meeting.
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council Agenda/Time 95-37 S2
1. Pigott/ I wanted to talk about outdoor sidewalk
a minute .... Wouldn't mind continuing the p.h.
and not voting on it this time.
cafes for just
tomorrow night
Kubby/ It is not on ....
Pigott/ I would urge us to continue the p.h. and not close it
tomorrow night to further address any concerns that Jim might
have or other people in d.t. area ....
Throg/ Point is there has been relatively little notice for people
d.t ......
Horow/
2. Horow/ Put down 22nd, which is Civil Defense meeting .... Iowa
City being there is very important
Kubby/ Anybody have any specific issues you wanted Sue and I to
focus on when we meet sometime about the Board of Appeals by
laws.
Nov/ ...look fine for me ....
Horow/
Kubby/
4. Kubby/ (ITEMNO. 15 -CONSIDER A RESOLUTION PROPOSED IMPROVEMENTS
TO THE CITY'S WASTEWATER TREATMENT FACILITIES.) I am really
unsure about especially up on Showers Addition , how many-some
discussions... nothing in this resolution about relocation...
How many properties it is going to affect? ..... I would like
to know some of that information, even informally.
Horow/ We have to relocate people?
Woito/ I think there are only three ...... two ......
Atkins/ Is there something we can do, just as a matter of your
instructions so that if does involve such things as
relocation? I hate to hold the whole thing up .... Some
understanding on this thing...
Kubby/ When we are doing a Public Works Project and we are
relocating people, we need to know how many ........
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Arkins I will prepare something for you... I would like for you to
vote on this thing tomorrow night ....
Horow/ When Public Works acquires property, I wasn't under the
impression that we then have the responsibility to relocate
people.
Atkins/
Woito/ Federal you do.
Horow/ .... in this case .... so we do not have any responsibility to
relocate? Unless there are four people, we don't have a
responsibility to relocate people.
Kubb¥/ This is my point... informed about how our decisions
impact ....
Woito/ It was my understanding that the wastewater project, the
five acres, was Chuck's money and Marianne Milkman had money
for relocation of these like three people.
Atkins/ Yes, the intent was we were going to provide some
assistance for those folks .... I just don't know specifically.
Kubby/ I would like an update for that° What the options are...?
Lehman/ At some point we should have a policy on what the city's
obligation is when it comes to relocation of people who are
displaced by ..... I think if we had a policy ....
Woito/ This has changed dramatically from what we started out with
because we were going to move all of these people ....
Horow/ I would agree with Ernie ....
Lehman/ Different projects .... Think we ought to have some sort of
uniform policy...
Kubby/ (ITEM NO. 16 - CONSIDER A RESOLUTION ROAD MAINTENANCE
PURPOSES.) About the 28E agreement between Johnson County and
the city. There is no mention specifically who is going to
take care of the road the city will build in the county
property .... Why isn't it mentioned in the agreement?
Arkins/ I don't know.
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Kubby/ Concerned about...there is a.condition in here when the city
or county does work on those roads and I am assuming this
means including ditch work .... that we agree about what the
other party is doing .... I would like to advocate that when we
maintain the roadsides in the county, that we do not use
chemicals.
Atkins/ I have no trouble going with county policy on that.
Kubby/ They changed their policy so I don't want their policy.
Horow/ It means more personnel time.
Atkins/ Bottom line is this is a county road .... subject to their
responsibilities. If you want to do something different .... we
have an obligation to tell them we are going to-do something
different.
Lehman/ I would like to use as little chemicals as possible.
Kubby/ ...County has a roadside management person... we should talk
to him .... Like us to explore ....
Atkins/ We do the snow already ....
Lehman/
Atkins/ So, you would like for me to talk to them about the ditch
work and other-
Kubby/ Yeah.
6. Kubby/ About the letter to Lacina about the industrial park. I
am not sure how explicit the request was that county to fezone
to industrial was .... we should be really blunt...
Arkins/ I talked to him ..... I thought that he understood ....
Kubby/ T~e other thing that is mentioned in this letter that to me
seems really important is this issue of criteria. That even
though we don't know specifically what they are going to be
yet, that there were four people agreeing that if there was
city involvement there would be some set of criteria .....
Atkins/
Horow/ Can we possibly give leeway to staff to use words other than
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criteria because the word is out and the fear is the word
criteria is going to be misconstrued to be restrictions ....
encouragement .... development that we are interested in rather
than the criteria that will restrict.
CHANGE TAPE TO REEL 95-38 SIDE 1
Lehman/ Based on certain incentives, the price of land could be
reduced. If you have this level-
Kubby/ Beginning price is higher than market value ....
Lehman/
Kubby/ That is really a big set of discussions that we should have
on the 20th ..... we agree to do something on that issue.
Horow/
Kubby/ .... it would get me involved in economic development issues
differently.
Arkins/ I certainly understood it that way.
Kubby/ I would like to have us-
Kubby/ Being on the Board of Directors from HACAP... and as a
representative from council... have time to talk about what is
going on with HACAP and so there are some funding things...
lobbying about in Washington that are really important...
another kind of block grant that communities get called CSBG,
Community Services Block Grant... Johnson County .... We get
$49,200 in CSBG funds .... given out to HACAP .... all that money
.goes to the Family Service Center of Coralville ..... Housing
..... 54 preschool kids .... talking child care and counseling
services ...... fighting IIGE for changes on how they use
Project Aid moneys ..... make it more flexible on what the
definition of weatherization is ..... short update.
8. Horow/ We got a action call from Iowa League of Municipalities.
The StanleyAmendment is moving in the House. March 7, 7:00 PM
there will be a p.h. on the Stanley Amendment ..... imperative
that you call your-representatives immediately and ask that
they vote no on the Stanley Amendment .....
9. Horow/ Jim and I had a session Saturday morning with the Rohret
Road people...agreed to... concerned about the ..... agreed to
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be gently aggressive with state IDOT again in terms of the
intersection at Maier Ave. and Highway 1 to either have some
flags... increasing enforcement ......
Horow/ At least have a sign watch out for merging traffic...
Horow/
Kubby/ Is there progress on access part...?
Horow/ There is one person that is not happy ....
Kubby/ Will you get a memo about what that is at some point?
10. AtkiDs/ You asked me to remind you all about the 20th. Is that
.still a go? .....
Horow/ Got to go with the majority on these things ..... Okay, go
with it.
11.
Throg/ Mention...talked with Gretchen Lobman .... Student
Association... April 8 we will have a meeting with the
Senate .... Like us to be there at 11:30 .... hang around for
lunch .....
12. Horow/ I have asked Ernie to represent council on the evening
of 14th... visiting Russian physicians over at the hospital
center.
13. Nov/ There are some Russian Bankers in town... I met them at
the First National Bank today .....
Adjourned: 8:20 PM
This represents only a reasonably accurate transcription of the Iowa City council meeting of March 6, 1995.
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