HomeMy WebLinkAbout1995-07-11 AgendaIOWA CITY CITY COUNCIL
AGENDA
SPECIAL COUNCIL MEETING OF JULY 11, 1995
6:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO. 1 -
AGENDA
IOWA CITY CITY COUNCIL
SPECIAL COUNCIL MEETING - JULY 11, 1995
6:30 P.M.
COUNCIL CHAMBERS
ITEM NO. 2 -
CAL' TO O.DER.
ROLL CALL, ~
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESi:NTED OR
AMENDED.
a. Minutes of Boards and Commissions,
(1) Human Rights Commission meeting of February 27, 1998,
(2) Human Rights Commission meeting of March 27, 1995.
(3) Human Rights Commission meeting of April 24, 1995.
(4) Human Rights Commission meeting of May 22, 1995.
(5) Human Rights Commission meeting of June 26, 1995,
(6) Board of Library Trustees meeting of June 22, 1995.
(7) Planning and Zoning Commission meeting of June 15, 1995,
b, Setting Public Hearings.
(1)
CONSIDER SETTING A PUBLIC HEARING FOR JULY 27,
1995. AT 7:30 A.M., TO CONSIDER AN APPLICATION FOR
EIGHTEEN (18) REPLACEMENT UNITS OF PUBLIC HOUSING.
Comment: Paragraph 403A.28, State Code of Iowa, requires
this public hearing prior to undertaking this housing project.
The Iowa City Housing Authority proposes to apply for
eighteen (18) three-bedroom, single-family dwelling units
pursuant to the United States Housing Act of 1937, as
amended, for dwelling unit replacements for disposition of 18
units located at 192611946 Broadway Street subject to
Section 18. Possible locations of replacement units and
estimated costs will be discussed at said.hearing.
c, Correspondence.
(1) Letter from Mikki Webb regarding the East Loop bus route,
(2)
Letter from Irene Dyer, Kurt Dyer and Vickie Dyer
Abrahamson regarding Sturgis Ferry Park compost/recycling
site,
Agenda
Iowa City City Council
Special Council Meeting
July 11, 1995
Page 2
(3) Letter from Riqhard F. Houston regarding cable TV service.
(4) Memoranda from the Traffic Engineer regarding:
(a) Parking prohibition on Hickory Hill Trail at First Avenue,
..~-(b) P~roh(~ion on the cul-de-sac of Bluestem Court,
APPLICATIONS FOR USE OF STREETS AND PUBLIC GROUNDS.
(1)
Application from the Atlanta Committee for the Olympic
Games to have the Olympic Torch Relay through Iowa City.
(approved)
(2)
Application from Walter Sparks for the use of the northern
portion of Jeffrey Street for a neighborhood barbecue on
August 5, 1995. (approved)
(3)
Application from Jacki Brennan for the use of a portion of
Foxana Drive on July 4, 1995, for a neighborhood picnic.
(approved)
e. APPLICATIONS FOR CITY PLAZA USE PERMITS.
(1)
Application from Billy Howell-Sinnard for permission to set up
a table on July 1 and July 5-8, 1995, for the .purpose of
distributing literature. (approved)
(2)
Application from Christopher Clark for permission to set up a
table on July 8 and 15, 1995, for the purpose of distributing
literature. (approved)
(3)
Application from Nita Kehoe for permission to set up a table
on July 22 and 29, 1995, for the purpose of distributing
literature and offering booklets for donations. (approved)
(4) Application from the Council of Elders for permission to set up
a table during the period of July 31 through August 4, 1995,
for the purpose of selling raffle tickets. for a quilt. (approved)
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
REF:
July 10, 1995
Mayor, City Council, General Public
City Clerk
Additions to Consent Calendar
Correspondence.
(5) Letter from Robert C. Carlson regarding the proposed
location of the Science Center.
2. fo
RESOLUTIONS.
(1) Consider a resolution to issue a Cigarette Permit for
Wig & Pen Pizza Pub, 1220 Hwy. 6 West.
Agenda
Iowa City City Council
Special Council Meeting
July 11, 1995
Page 3
ITEM NO. 3 - PUBLIC DISCUSSION {ITEMS NOT ON THE AGENDA).
ITEM NO. 4 -
· PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT.
Comment: This project consists of the reconstruction of approximately
1,400 linear feet of sanitary sewer and 2,150 linear feet of storm sewer.
The project also involves miscellaneous repairs to the sanitary sewer
system. Total estimated cost of this project is 9496,117.00. Funding will
be provided by General Obligation Bonds.
Action: ~ ~
ITEM NO. 5-
ITEM NO. 6 -
CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M.,
AUGUST 1, 1995.
Comment: See comment above.
Action: /~/~. / f~
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT.
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LONGFELLOW AREA SANITARY SEWER REHABILITATION PROJECT.
Comment: This project consists of root grinding and pressure grouting of
1,332 joints on 8" Vitrified clay sewer pipe. Total estimated cost of this
project is 939,815.44. Funding will be provided by General Obligation
Bonds.
Action:
#3 page
ITEM NO. 3 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Horow/ Public Discussion for items not on the agenda. At this time
we ask council to please step forward, sign in, state your
name and keep your comments to more than five minutes please
on items other than what are on the agenda this evening.
Ed Barker/ I hope that this will be the last time and I am sure
that you will agree with me because I will address you on the
topic of water and wastewater issue. I would like to start
this evening by quoting from a book by Senator-the late
Senator William Fulbright, "To criticize ones-the word country
appears in this statement, substitute in your minds the word
city. To criticize ones country is to do it a service and pay
it a compliment. It is a service because it may spur the
country to do better than it is doing. It is a compliment
because it evidences that the country can do better than it is
doing. In a democracy dissent is an act of faith." All we have
been attempting to do since November is to spur the city to do
better. I think you have and I commend you for it. It seems to
me that you are now at the point where decisions will be made
reasonably soon. Much progress has been made since last
November. However, you must evaluate the proposals carefully
and ask the right questions. All proposals no matter from
where they come must stand the most careful scrutiny. I
appreciate very much having had the opportunity to participate
in the decision making process but realize fully that the
actual decision is your responsibility. I wish you well as you
proceed to make the decisions that will be in the best
interests of the citizens of Iowa City.
Horow/ Thank you, Ed. Anyone else care to address council?
Doug
Allaire/ Hi. I am the Chair of the Board of Directors of PATV
and about ten days ago there was a program on that some people
thought was inappropriate or at least in appropriately timed
and there has been a lot of discussion about that and I wanted
to address council about it. I talked to each of you and went
over the basics of PATV's responsibilities for programming.
Basically the way the guidelines of PATV are written, the way
the contract with the city and the cable company is written
and federal law and something else but I forget right now, we
don't have any control over content. To the extent that we
can't, until the most recent federal legislation, we could not
regulate time of presentation of material. And so that puts us
in an awkward position because when something comes on that is
deemed inappropriate by a large number of people we are
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expected to have some control over this. Our basic rule is
that the producers are the providers of the programming are in
control of the content of the program. We have-There are two
classes of people, producers and providers. I just wanted to
mention that because producers make their own programs with
the PATV equipment, they are trained in the operation of the
equipment and they take workshops in that and also a workshop
called Guidelines which deals with the philosophy and the
history and the meaning of access and the purposes of access.
Providers are people who give us tapes to put on. So, like the
Tom Harkin Show is one, The Power Connection, there are
several. The Senior Center T.V. Mature Focus, things like
that. These are provided, just given to us and we play them.
We have come up-The Board met informally last Friday and we
came up with some ideas to be presented at our formal meeting
on the 20th of July. The basic idea is that we want to make
sure that our users are aware of their responsibilities that
they are taking on when they put a program on. Well, there are
several steps proposed. One would be to require producers and
providers to identify themselves in their program. That has
never been a requirement. Producers generally do it. We like
to see out names in the credits. Providers are bringing in
something from outside and so we just haven't had them
identify themselves. But this is something we are going to
discuss. Another one is to identify producers and providers to
callers. When people have a question about a program currently
the informal policy has been to take the name of the caller
and give that to the producer or provider and they would get
in touch with the caller. That came up when a controversial
religious program was on and there was a lot of phone calls
coming in and the staff just asked the provider what he wanted
to do and he thought that was a good thing and that was the
way it was. I am not sure what the policy was before PATV
started when the cable company operated access. I don't have
any idea but it might have been that for all I know. And it
has worked for 15 years. But the feeling is that someone who
is addressing the public should be willing to be addressed by
the public and so that is another step that we are going to
discuss. A third one is to encourage or to develop a series
program guide so that programs that are in the series rotation
will have a brief description written about them by the
producer or provider and that would be available at the public
library or PATV or wherever and that gives people an idea of
what the content is and so on before they are faced with it.
And the last one is to encourage producers and providers
awareness of their relationship with their audience and as I
said, the producers take several workshops with whatever
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equipment they are going to use they are trained in that and
also in the guidelines. The providers have not had to take any
workshops. And the feeling among the boardmembers Friday night
was that it might be a bad idea to have providers also take
the guidelines workshop. They don't need to take the equipment
workshop because they are not interested in that. But the
guidelines would give them a little more background then they
might absorb by being at PATV and we think that might be
helpful. So we are going to discuss these at the July 20th
Board meeting. It is Thursday, a week from Thursday at the
Iowa City Public Library and on Friday, this Friday the 14th,
at 5:00 PM at the PATV Studio there is going to be a program
called Open Channel. I have talked to all of you about that.
And we are going to discuss this issue. The discussion will
actually begin probably about 10-15 minutes after 5:00 because
somebody else signed up before i did. So, that is the way it
goes. And through all of this stuff we have had, and I am sure
you are aware, several complaints called in and so on. Some of
them anonymous threatening types of things. And that happens
to PATV when this sort of problem comes up and sometimes for
other things and the staff just takes it as part of their job.
But we have also gotten a lot of support and among the council
as well. But meeting on the street, people calling up to
support us. So, are there any questions. We have several board
members and producers -
Woito/ I would like to clarify something. Doug, you started out
saying we can't do anything about content. That is not
entirely true. You can do something about obscenity which is
illegal and I want to make sure that everyone understands
that.
Allaire/ We have dealt with that and we wonder what we can do. Can
we take postpone-
Woito/ You need to ask Jim Larew for specific advice. I mean Anne
Burnside and I can give you some guidelines but we are not
your attorney. I just want to make sure that the council
understands that there is something you can do about obscenity
and so your statement about you can't do anything about
content is not true under constitutional law or state law.
Allairs/ Yeah, we have to define obscenity and we also-
Woito/ That is the County Attorney's job.
Allaire/ But can he act on something that has not been published?
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Woito/ You talk to your attorney about that. I am talking about
pre-publication censorship and I am not going to get into that
with you because you are not my client.
Horow/ Maybe Mr. Larew should be there on Friday.
Woito/ Yes, he should.
Horow/ Does anybody have any specific questions?
Nov/ I would like to also ask if you can't control the time of day
that a show is going to be viewed it seems to me that a
commercial station can say we are not going to show this after
X hours or before X hours-
Kubby/ I thought that has been determined. That if it is obscene
they have some control and if it is not obscene they can even
control the time of day. I thought that was fairly clearly
from what we have been told.
Nov/ If it is obscene they can say no. If it is questionable, if it
is somewhat offensive I think they can say we will do it at
this time. So I want them to ask, that is all.
Allaire/ And in thinking about this it always comes down to whether
it is timing or show it at all, who is the judge and if the
producer insists what happens then?
Nov/ Then the Board has to make a decision.
Woito/ It is all in your lap, frankly.
Throg/ The policy is certainly in their lap and certainly (can't
hear).
Woito/ Yes and the liability is in your lap. Either way, either way
it goes.
Nov/ And I think you have to ask also how much of this decision
making is a staff function and how much is a board function.
Horow/ Okay. Thank you very much unless anyone else has anything?
Pigott/ I think that Naomi's- Doug and I have talked via e-mail and
other ways about some of this. One of the things I think
people had questions about well, what policies does PATV have
in regard to when shows are going to be shown and the response
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that I got from you guys was that we feel that we cannot
regulate when the shows are shown for constitutional reasons
and even suggesting that it be shown after a certain hour may
cause trouble for PATV in terms of constitutionality and the
idea of having Jim is probably a good idea.
Allaire/ And even that is up in the air now because there is a new
cable law and there is another new one I think. So, it is all
up in the air.
Kubby~ And the bottom line is the Board of PATV is in charge of
making these policies and figuring this out and I trust you to
do your job.
Baker/ I agree and I don't want us to get into a discussion about
obscenity and pornography and smut because I don't think any
of us could agree. But I think that we all agree that there is
something wrong with that programming and at that time at
night.
Kubby/ Do you think (can't hear).
Baker/ I don't know. I am just setting up the situation because
from what you have told me I empathize with you entirely. What
you haven't said is next week if somebody else would walk in
with a comparable or more graphic picture, they could do the
same thing.
Allaire/ If we set up all sorts of assurances and everything else,
somebody will find something else. There is always another-it
is like half way there. You never quite-
Throg/ I guess I want to react a little bit to what I understand
the personal producer's or provider's responsibility is here
and if I am mistaken in what I say please tell me. But I
understand that the guidelines, PATV's guidelines, clearly
indicate that none of its programs may contain material which
is obscene as defined by federal law. That is one thing.
Secondly that each producer must display a disclaimer that
says PATV is not responsible for the program content. And
thirdly that the producer assumes full responsibility for
content. It seems to me that places a burden on the producer
and if there are problems with obscenity that producer is the
person that has to bear the responsibility of having shown
something that is obscene and that is to be decided by the
county attorney or through the courts. That is the way I
understand it.
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Woito/ Reading the matter strictly, yes. As a practical matter
there is a college student who is producing, does not have a
deep pocket, does not have insurance, and PATV does.
Throg/ I don't know but we are talking responsibility not
necessarily paying money.
Woito/ Well, in terms of consequences, there may be greater
consequences that you can bring to bear against PATV than a
single producer. But you are right, in terms of criminal
context, you are probably going against the producer the most.
Horow/ Okay, folks, we are going to have to move Oho
Baker/ Wait a minute. We still seem to throw up our hands and say
there is nothing we can do.
Allaire/ Well, what we are going to try to do is train our people
so that they will be aware. If they choose then to fly in the
face of convention and get people mad, I am not quite sure
what we can do. There have been legal cases where access was
denied and producers sue and producers win.
Woito/ I don't thinkwe are talking about denying access or none of
you rare considering-
Horow/ It is the appropriateness of timing.
Allaire/ We are going to try to work on that and we will keep you
apprised.
Horow/ Okay.
Woito/ There is your attorney right here. Good timing, Jim.
Horow/ Thank you very much. Is there anyone else who wished to
address council? I would remind you of five minute time.
Ben
Kemp/ My daughter's name is Christina Marie Kemp and I am
standing here in front of you once again asking for-The law
has been broke and you said that you would send a letter to me
to address who it should go to. Letters have been sent all
over the world to Senators, Governors, President of the United
States. Why has the judge locked up this case so tight that
the newspapers, KCJJ can't even get in there? I want these
people to fight me because they are-they have broke the law.
The two I told you last time and I want something done. Mayor
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you gave a oath to uphold the law in this town. Do your job,
please. This is my little girl we are talking about. My blood,
my roots.
Horow/ We have already dealt with this as far as we, as a governing
body, can go. Ben, we are not a judicial court. We have asked
out legal office to assist you. What has happened with sending
a letter to them? Except that I am not sure whether whatever
we could do-
Woito/ Anne can report.
Throg/ It would help for us to find out what (can't hear).
Horow/ Okay, Anne- Mrs.
we can have Mrs.
that°
Burnside would you please come forward and
Burnside explain this. I would appreciate
Anne
Burnside/ I know that Sara Holecek from our office and Heather
Shank from the Human Rights Commission both sat down with the
gentleman in our office and gathered the facts and the history
of his case and it was their opinion that there was nothing
within our jurisdiction as a city that we could do. It is a
matter within the court system and it is not something that we
can act on.
Throg/ So what is the busiest place for Ben to go to? I mean who
should he go to?
Burnside/ My understanding, second hand from speaking with Ms.
Holecek, is that the matter has already been through the
appellate court system of the state and that there is a final
ruling. I don't know that there is any court review available
left to him on the issue.
Horow/ So this is something that he would have to have a lawyer
figure out how to do that. Is that right?
Ben Kemp/ I have asked every attorney in this town. They do not
want to take this case. They fear this case.
Horow/ There isn't anything that we can do at this point. We have
gone as far as we can go.
Kemp/ Her right has been violated. My civil rights have been
violated through channels who I know come to the U.S Marshall
that yes, her rights have been violated as mine and there is
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a lot of damage that could be done. But see, again, I am not
the one that broke the law. They, too, are the ones that did
it. They are the ones that brought shame that is going bring
shame to their families. Not I.
Horow/ I think we agree with you. We agree with you and your agony
over this but there is nothing that this group can do for you.
We have gone as far as we can go.
Kemp/ I guess the next thing I do is just-they kidnapped her so I
am just going to go back and get her. If it ends my life like
I told them almost five years ago, I will die for her just
like died for us to live here in this country. Thank
you.
Horow/ Anyone else care to address council on any issue that is not
on the agenda?
Derrick Honore/ I am a board member with PATV and I would just like
to address the council and ask that there is an understanding
as we go through dilemma that access is very necessary and
that access is important to me as an African American. I have
done a few shows and the response that I get from the public
is that this is very necessary procedure and it is something
that is needed in order to allow the public to enforce their
opinions. Now sometimes things get a little mixed up but as a
board member I am here to assure you that we will find a way
to straighten this thing out and try to avoid any other
conflicts.
Horow/ I want you to realize this council continues to send letters
to absolutely every single Congressperson we can think of for
supporting this and we so use the value of public access when
we are writing these letters. So, you have our support in
this. We want your support in helping this community be
comfortable with access. I think that is our question.
Derrick/ Thank you very much. And I would like to take this
opportunity to ask anybody that wants to come and voice their
opinion, we will have Open Channel this Friday at 5:00 and
let's try to air this thing out. We do want input from the
public.
Horow/ That is also via phone, isn't it?
Derrick/ Yes it is.
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Horow/ Do you have the phone number?
Derrick/ 338.-8456.
Horow/ 338-8456 and that is between 5:10 and 6:00 on Friday.
Renee Paine/ It may go a little longer. We have set aside more
time.
Kubby/ Although I guess I do want to say that I don't think that
your role as a board member is to make people comfortable.
Sometimes the role of people producing things on Public Access
is to make people uncomfortable to spur thought an discussion.
I agree with everything except that one thing.
Horow/ We always have to disagree on something. Thank you for your
support.
/ I do believe that is what Public Access does in so many
different ways. Thanks very much.
Horow/ Anyone else care to address council?
Tim
Barrett/ I know you folks have a lot of business to attend
tonight so I don't want to take too much of your time. This is
in regard to PATV. I do not subscribe to cable and I don't
watch PATV. I am a fledgling producer and about 3-4 weeks ago
friends and colleagues of mine told me I should go down to
PATV to investigate producing a program related to the Indian
Hand Papermaking. And I just want you all to know that it was
made very clear to me during the Guidelines meeting that I was
responsible for whatever I produced and I assumed at the time
that meant I was to put my name on it and stand by it and I
know there has been some discussion about whether or not that
should be enforced. I feel very strongly that whether you are
a producer or a provider you should put your name on whatever
goes on the air and you should be willing to stand by it. They
also made it very clear to me that there would be many people
in that facility working on programs that express very diverse
viewpoints and if we were going to work there we needed to
respect those other viewpoints and it was pretty clear that I
was going to be in an editing room and there were going to be
other people across the aisle from me working on programs that
I might like at all but that is what that facility is about
and that impressed me very much as well. The other thing that
has been very very clear to me is these people are very
serious about access. It is like a glowing on the wall,
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it flashes on and off. They are not fooling around. They make
a very complicated set of hardware and procedures as
accessible and unintimidating as possible and I think they do
a fine job of it and it is a wonderful public forum in this
community and I am not suggesting in anyway that we don't have
responsibilities to each other in terms of the kinds of things
that go on over the air. But I have been amazed everyday that
I have gone in there. I think it is a wonderful thing.
Horow/ Thank you. Anyone else care to address council on any issue
that is not on the agenda? Okay.
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ITEM NO. 4 -
PUBLIC HEARING ON PL/%NS, SPECIFICATIONS~ FORM OF
CONTRACT, ~NDESTIMATE OF COST FOR THE CONSTRUCTION
OF THE LONQFELLOW A~EA STORM AND S~NITARY 8E~.~
PROJECT.
Horow/ Declare the p.h. open. I would ask you to limit your
comments to five minutes. Please state your name and sign in.
Allen J. Wolfe/ I own the property at the corner of Oakland and
Grant Court along with my sister Margaret Wolf. And I also own
the property individually at 1210 Grant Court. I was born in
430 Oakland Avenue back in 1922 and for 40 years we didn't
have any water until Court Hill was developed and from then on
we got it. I am certainly in favor of what they want to do but
I am very concerned about dumping the water into Ralston
Creek. That they are doing there. I have talked to John Huss
about it and he assures me that there isn't going to be any
problem, but at the present time we own the building across
the street from New Pioneer and three weeks ago I guess it was
on the Sunday when the big water came real fast, it came
within a foot of the door and fairly close around here. We
can't handle it. The water that's going to come out of there
is going to come right now and into the creek. At the present
time, we're storing about half of this water in basements, I
mean , and it goes out very slowly. And he knows too that
we've got a mess over there and that they've got storm sewer
running into sanitary sewer now and then when they separate
this, that's all going to go to the creek and it's going to go
right now. In high water times, Ralston Creek cannot handle
that. There's obviously more storm water apparently then right
in this area. I'm not an engineer but I've been in that area
for a long time and I know there's a lot of water and that I
know that it's going to come right now and that in high water
times the creek can't handle it. Thank you.
Horow/ I want to ask Mr. Fosse if he would be able to address your
comment, Mr. Wolfe. I mean it's a genuine concern.
Fosse/ There's really no options for sending that water anywhere
but Ralston Creek since it does flow down hill and it's either
continue to run it through the sanitary sewer as it's been
doing and storage in the basement as he suggested or discharge
it into the creek. I don't expect that we'll see a difference
in the flood peak downstream here. If you wish we could do a
hydrograph analysis to find out if the peak off of this water
shed will precede the peak that we get from up stream, that is
if it aligns with the peak from up steam, the we can see a
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slight increase, although when you look at the entire water.
it will be quite small. If the peak from this water shed
precedes the up stream peak, then the peak here will not
change.
Kubby/ So when water comes up the sanitary sewer on their property,
it means that it's sewer in basements.
Fosse/ Yes.
Kubby/ Versus water in basements.
Fosse/ Right.
Kubby/ And with this, if there is water in basements from the
storm, it will be storm water versus sewage.
Fosse/ Yeah. If it comes in through the walls and not from the
floor, then that'll be storm water.
Kubby/ But now the only choice really.
Fosse/ I think they're getting a mix of all. If it comes out of the
floor it's certainly sewage diluted with storm water, but it's
still nasty.
Horow/ Thank you very much. Anyone else care to address this issue?
This is the Longfellow Area Storm and Sanitary Sewer Project.
Glad to see you.
Helen Marlas/ Well I hope so. I live at 752 Oakland at the corner
of Sheridan in Longfellow Sewer project area. My family has
been affected by this as I guess Mr. Wolfe's has by some forty
years. Every few years there are sewer back ups and I'm
delighted that the city council is finally addressing this
problem and I hope we'll get some relief from this very
serious problem and health hazard. I heard the Shive-Hattery
presentation of this on the 30th of March. And at that time I
raised a question which as far as I know has not been answered
yet. And I discussed it with the city engineer yesterday
afternoon and he suggested that I call Mr. Huss and I did but
I didn't get a return call It was later in the afternoon. I
really would like to have some clarification of what I
consider a little problem here. From my point of view there
may not be one but it doesn't make any sense as it's presented
to me. I have no problem with what is being done from Clark to
Dearborn or whatever and Court and so on at the north end of
Thisrepresents only areasonably accurate transcription oftbelows City council meeting of July 11,1995.
F071195
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page 3
this project. Or at the North end of Oakland Avenue. Oakland
Avenue is about three blocks long. It's a short street with
irregular intersections. Let's call it three blocks long. Two
blocks of this three block area are affected by sewer back
ups. Well two and part of the block in between. Two houses of
that block. On the 30th of March, at the presentation, it was
pointed out that sewers back up at the low points of the sewer
systemwhere if somehow or other there's some kind of blockage
and where it's not possible anyway for the sewer system to
handle the flow of sewage. And I thought that over at that
meeting and I thought then how is it possible for our block of
Oakland which is from Sheridan to Center Street to have sewage
backing up into every house which has happened over four
years. Some houses are built in things, but it's a problem for
that whole block. Well then the next block north toward Center
Court has no sewer problems from Center up to the second house
from the corner of Grant Court.
Kubby/ And that's a lower point, you're saying?
Marlas/ That is the lowest point as I see it. Yes. So how do you
explain between our block which has it and those two houses by
Grant Court, there aren't sewer backups. And if what they are
doing at that north end of this whole area is going to correct
the problem, I don't see how it's going to correct it for our
block of Oakland Avenue.
Kubby/ If that's the theory behind the work.
Marlas/ That's the theory behind the work. And one part of the
problem the whole year has been that there were no storm
drains evidently on Clark Street so that rain water somehow or
other was connected through the sanitary sewer system of
Oakland Avenue. And so then they're going to correct that
evidently by putting some kind of a line under the field
behind Longfellow school over to Oakland Avenue and then down
to Grant Court and they're going to get it to the creek for
storm water and I guess over toward Court Street for the
sanitary sewer. But if that is the problem and the solution
over there, how do account for the fact that that water, if
it's supposed to take care of the whole area, how do you
account for the fact that that sewage water does not go into
the houses between those two houses at Grant Court and the
next block, 700 block of Oakland Avenue. And the only thing
evidsntly that they're going to do for our 700 block of about
seven houses is that they're going to do very long neglected
maintenance of the joints between the sections of the sewer
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F071195
#4 pag~ 4
pipe under Oakland Avenue. Now one cannot- now these sewer
pipes are under the pavement of the street and we have been
getting between two and three feet of water and in 1993 we had
about five back ups. The first one about a foot. The other
four two and three feet which caused a lot of damage. Now that
volume of water could not have entered through the joints of
those sewer pipes. I mean if there were that much water under
the street around the sewer pipes, the street would be
sinking. The sidewalks would be sinking. And so my concern is,
is whatever is proposed at the present time going to correct
our problem.
Horow/ I think the best thing that we can do is ask when Mr. Fosse
gets the answer to you, that he gets an answer to us because
the question is a good one.
Marlas/ Well I'm glad you think so. I didn't get it on the 30th of
March and I really would like to have this corrected because
this is a very serious.
Horow/ Would you like to comment or would you just like to wait and
get the answer to us?
Fosse/ John's here to answer. The meeting on the 30th was a pre-
design meeting and this is precisely why we have those
meetings so that Helen and others can identify where the
problems are. Since then John Hues from Shive-Hattery is here
this evening, has been working on a solution to that problem
and others and I'll let him address it since he did the
analysis.
Horow/ Mr. Hues, it's all yours.
John Hues/ Shive-Hattery. First of all, I do want to assure you
that I did try to call you back at 5:00 this evening but I
didn't get an answer. I guess you'd already left for home.
Marlas/ Well, I had something to do. I went out to look at land.
Hues/ The project that we're speaking about tonight was envisioned
by a long study that was done about a year ago. And that study
did include a hydrolic analysis of the sewer system within the
entire neighborhood. The water problems that are experienced,
the surcharging, the back ups, the sanitary sewers, were
caused basically by clean water getting into the sanitary
sewer that has come from a number of sources that have been
identified. They've included roof drains, drive area drains,
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F071195
#4 page 5
storm sewer cross connections. A large part of it has come
simply from the infiltration at normal joint intervals, and
sanitary sewers, and it is also caused by the number of sewer
lines that are downstream of this area that are significantly
under capacity. To think about a size, most of the sanitary
sewers in this area are about an eight inch diameter. The
storm sewer that we're putting in this area is thirty-six inch
in diameter. So we're talking about storm sewers that have the
capacity of over 100 times what's in the sanitary sewer. If
you think about a roof drain off a home, you're typical gutter
downspout is about a four inch pipe. It takes one gutter to
fill up a sanitary sewer over half way. So it doesn't take a
whole lot of clean water to create surcharging. What occurs
with sanitary sewers is that basically it flows by gravity. It
looks for a place where the flow can get out by relief. This
particular home's at the NE corner of Sheridan. The house
actually sits a little bit lower than the homes directly to
the north. The tap, the Y from her home is in fine shape from
the TV reports. There is a tap or a Y, a connection from the
house just downstream from us. It's protruding about two
inohes into the main sewer pipe. That's one of the repairs
that's going to be made by this project. The other things that
should dramatically. The problems experienced at this location
is that we're drastically increasing the sanitary sewer
capacity downstream. We're increasing the size from an eight
inch line into a fifteen inch in one section, an eight inch to
a twelve in another section. We're getting rid of a lot of
clean water sources. ~nd by that, we're taking lawns that over
50% of the joints are showing active infiltration meaning
groundwater's getting into the sewer line at over 50% of the
joints in the pipes. And we're going to be able to correct
that. We're going to repair places where we have broken Y's
and by the one just down stream or from this home which
basically it obstructs the flow from being able to get through
the pipe and causes a backup. Some of the other things that
many of her neighbors have done is put back flow preventers on
their service lines. There's not one on this home. Back flow
preventers are not fool proof. They clog. Toilet paper, other
things tend to make them so they won't close all the way and
they're a maintenance hassle. They're a pain. But they
sometimes can help. It's our belief that we're adding
additional capacity to remove surcharging in the line. We're
getting rid of what we feel is the most the amount of storm
water that can effectively or efficiently be pulled out of the
sewer lines and even with the very high standard that the city
uses for infiltration into the sewer lines, we're providing
that level of capacity at this location. We don't feel that
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F071195
#4 page 6
there should be continuing surcharging at this home or other
homes within this district once the project is complete.
Horow/ Mr. Huss, can you address her question of why the home of
the lower part of the street are not experiencing this
flooding where hers are?
Huss/ Well~ there are several reasons or I believe there are
several reasons. One is between her home and a number of these
other homes we have a Y that is protruding several inches into
the main. This obstruction causes additional backing up of the
flow in her section of line that is not experienced
downstream. It acts as a regulator. It prevents flow from
getting past it and on down. The second thing is a number of
these homes do have backflow preventers that have been added
to their service lines. I don't know if all of them do. I have
not made personal inspections at the homes. And the last thing
is her home actually does sit just a little bit lower than the
homes immediately downstream. As you go further north the
sewer main does get deeper. So, what occurs is you have what
is called a hydrolic profile in the sanitary sewer. Sanitary
sewers backup at points the flow can't get through the pipe
and the Y that is protruding just downstream of her home is
one of those points. So to a certain extent it forces a
regulation of the flow pass her home to the points down
stream. Are there guarantees? No, from an engineering
standpoint we are fairly confident that we will solve this
problem and the others in the area.
Horow/ Does anyone else have any other questions to Mr. Huss?
Karen Gerald Wheaton/ (Can't hear).
Horow/ Would you please come to the microphone and sign in and tell
us your name please.
~neaton/ I have friends on Oakland and I live in the neighborhood
and it is just the most horrible mess. It just makes you cry,
really. And I just wonder, based on what the other woman said
about the three blocks or two blocks of really bad stuff and
that there is this one block that seems okay and then when you
get to Grant Court and over on the west side of Oakland there
are a couple of houses that really get it bad and I just hope
that they know exactly why. Those two houses, and I wonder why
those two houses get it so bad. I mean I know that this one
woman gets like four feet of water, four feet of sewage every
time it storms. But the two-I don't know exactly why. He was
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F071195
#4 page 7
saying the north end of the street was better but they live in
the north end of the street. I don't really quite understand.
Huss/ I am sorry. There is a section of Oakland in the middle that
do not seem to get the surcharge. When you get up to the
intersection at Clark-Grant Court there are a number of houses
there that get surcharging very badly and the house I think
you are referring to is at the northwest corner, kind of at
the T where Grant Court and Oakland intersect.
CHANGE TAPE TO REEL 95-82 SIDE 1
Huss/ -rid of a lot of clean water cross connections.
Horow/ Does anyone else care to address council in the p.h.
specifically on the Longfellow area storm and sanitary sewer
project? Okay. Declare the p.h. closed.
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F071195
Iowa City City Council
Special Council Meeting
July 11, 1995
Page 4
ITEM NO. 7 -
ITEM NO, 8 -
ITEM NO. 9 -
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
LONGFELLOW AREA SANITARY SEWER REHABILITATION PROJECT,
ESTASLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M.,
AUGUST 1, 1995.
Comment: See comment above,
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRVIEW
AVENUE/HIGH STREET STORM SEWER PROJECT.
Comment: This project involves construction of storm sewer improve-
ments in the area between High Street and Fairview Avenue. The
improvements are designed to reduce storm water flooding and associated
property damage. The preliminary estimated cost of construction is
5~,000. Funding for this project is from General Obligation Bonds.
Action:
CONSIDER A RESOLUTION APPROVING PLANS SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M,,
AUGUST 1, 1995.
Comment: See comment above.
#7 page
ITEM NO. 7 -
CONSIDER A RESOLUTION APPROVING PLANSt
SPECIFICATIONS, FORM OF CONTRACT, ~ ESTIMATE OF
COST FOR CONSTRUCTION OF THE LONGFELLOW A~EA
SANITARY SEWER REHABILITATION PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
EIDSt AND FIXING TIME~ND PLACE FOR RECEIPT OF BIDS
AT 10=50 A.M., AUGUST 1, 1995.
Horow/ Moved by Pigott, seconded by Baker. Any discussion?
Kubby/ Just a reminder about how important city services are. Water
and sewer are some of those basic things that most cities in
this country deal with and I think the Longfellow neighborhood
has more than enough appreciation for when it is going to work
well.
Throg/ Is this getting paid for by CDBG funds? No- What is the
source of funds?
Atkins/ General obligation-
Horow/ Okay. Any other discussion? Roll call- (Yes). Resolution is
adopted.
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F071195
#8 page i
ITEM NO. 8 -
PUBLIC HEARING ON PLANS~ SPECIFICATIONSt FORM OF
CONTRACTt AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER
PROJECT.
Horow/ Declare the p.h. open. I would ask you to address council,
sign in and state your name and keep your comments to five
minutes. This cost has been revised since the initial
preliminary assessment.
David Fitzgerald/ I live on the corner of College Street and
Ralston Creek, just downstream from where this project is
happening and going to occur and I think it is really
appropriate that the city be addressing some of the problems
that my neighbors have had and I don't suggest that I don't
want their problems solved. I am concerned, however, of it
being further downstream and I just hope that people who have
the training and know-how that they are not transferring that
problem downstream so that then in two years I will be here.
Over the last ten years there have been several thousands of
dollars to try and reinforce the erosion problem on the bank
and I have been reassured repeatedly that the city has in no
way any obligation or any way of helping me do that. So I have
done that over the years and I certainly hope this project
doesn't cause a problem for me or other people on downstream.
I certainly hope it solves the problem.
Horow/ Thank you very much. Mr. Fosse, could you assure, refute-
Fosse/ It is basically the same explanation as 400 yards upstream
which we were talking about five minutes ago. It is the same
situation. There will be probably some incrementally increase
in the flows. Again, we can do that hydrograph analysis to see
if they align or not. I think the question is is balancing out
the flow. We don't have any options here. If we can't store
upstream then it needs to go into the creek.
Horow/ May I ask something? If the city did this, would this be of
any assistance to their insurance policies should this sort of
thing happen in the future?
Fosse/ I am sorry, I didn't follow that.
Horow/ If we do the hydrographic analysis-
Fosse/ Oh, to check that out?
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F071195
#8 page 2
Horow/ Right and so there is a baseline established.
Fosse/ Be glad to do that. Would you like us to do so?
Horow/ Well, what is the council's reaction. My concern is that you
establish a baseline and if something happens in the next
decade, he is able to, if it is done over again, then he is
able to see whether or not there was a problem.
David Fitzgerald/ I have heard the explanation the peak arriving
sooner. That this really isn't going to cause an additional
problem and I guess if I was really assured that that was-
assured as much as the science can prove but I am concerned
that he says if we do this study we could know that. I just
wondering if there is a step that is missing.
Horow/ The only thing I could think of is this is not private
property. Ralston Creek is public r.o.w. Isn't that right?
Fosse/ No, it is not.
Horow/ And he has spent the money on this. So if this is under his
insurance policy, would it be useful for him to know such an
analysis?
Fosse/ I would be glad to provide it for him but the bottom line is
I don't know that I can really provide a lot of comfort
because Ralston Creek is going to- It has always flooded and
it will continue to flood and problems will continue to occur
and a stack of papers that says well this really didn't make
it any worse, I don't know that that is going to provide a
great deal of comfort even though we may be comfortable with
that.
Nov/ I don't see the real point.
Fitzgerald/ I have lived in the house for 17 years and I have not
had a problem with the flooding from the creek in my house and
I am delighted with that and I am sorry the neighbors have had
that but, you know, further down creek does this just get
moved down further and we can't do anything about it because
it moves further down. Maybe it is a dilemma that has no real
solution.
Horow/ Thank you very much. Any other public discussion?
Maggie Moore/ Do I need to sign in?
Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of July 11,1995.
F071195
Horow/ Yes, please.
Moore/ Just along the same lines. I am one of the tenants on
Fairview Avenue and we really do appreciate the city council's
appropriation of the money for this and we can't urge you
enough to stick to the time table. We did have some pretty
serious stor~ sewer problems in 1993 and even though we
thought that that might be the flood, we are dealing with
homes that are 50 years old that have no water in their
basements. Just this past month when we had the downpour in
June we are talking about not just water in the basement but
huge railroad ties that were moved from the end of our yard to
our patios some 50 feet. Other residents experienced extreme
damage. And again, it is not just basements. It's into the
living area. You know, we have pictures if you would llke to
look at them where there is actually white water caps from the
water that is moving through our yard. We are the storm sewer
and I can appreciate what you are saying about the Ralston
Creek because I think no one wants to pass it along. But I
think that it is a very serious problem. We really don't also
know why it is that this year, given the dry season, that
there was additional water difficulties and we can't help to
think that there is something up from our homes on Fairview
Avenue that may be intensifying that. We just appreciate
sticking to the time table and moving as quickly as possible.
Thank you.
Horow/ Anyone else care to address council on this issue?
Glenn $timmel/ 302 S. 7th. Glad to have the opportunity to talk to
the council and mayor and city manager and rest of you ladies
and gentleman. I consider myself kind of an old timer around
this area. I am 70 some years old and we lived at 1403 E.
College and I wasn't a neighbor of the man that lives in the
house he talked about but Jim Pearson lived in that house and
was a local real estate man and we never had any trouble with
water going across College Street ever and it never has. But
I know what part of the problem is on Fairview is-I think this
lady lives in a home built by Mr. Memler and it has a basement
garage and I had a basement garage at 1403 E. College and
thank God I was out in Colorado- I had a wife on a nice
vacation and when we got home a week later everybody said
gosh, you missed the big flood. What are you talking about?
Well, some of the relatives and neighbors, friends came in and
had to scrub out your basement because you had about five feet
of water in it from that basement garage and most of the
creek. This was about 40 some years ago. So Ralston Creek is
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F071195
#8
page 4
kind of a mean old boy and I thought over the years here that
we got rid of part of that problem by building our two
retention basins over on Rochester and also out on Scott Blvd
out there but evidently something is wrong that we aren't
getting it in operation or something. My main concern tonight
is I live at 302 S. 7th Avenue. The sewer, as far as I am
concerned is going to go through between me and Marian Smith
and it, to me, is going to do five cents of good to my
property and my property is built by McCreedy Construction 30
some years ago and I think some of you know McCreedy was a
very fine builder and he built for Larry Stohl and we are the
second owners of the home because we consider it a very nice
home. Hope to live there a few more years. But when the home
was built they discovered quick sand at the footings and
instead of continuing on with the basement the McCreedy
Construction Company went in and laid large footings to hold
what we call a tall space of about four feet now. I have
talked to your city planners on this project and they want
five feet of my property from the property line to dump dirt
and this sewer area will be eight feet deep and if there is
quick sand there which I understand and I also talked to these
people and they said there is going to be no problem. But by
golly I will tell you folks, if you can shove a pipe down
there on Fairview between those houses, I think you can sure
shove a pipe between our houses. So that is my main concern
tonight is I hope we don't have a damn big digger in between
our houses because I have talked to one engineer and he says
I am going to tell you something. He says there isn't room for
a digger to get in there and swing his boom around. So let's
give us a little consideration on it. And when we are talking
water here, really the problem isn't roofs and all these eave
troughs we find. But in our area it is old City High School.
If you remember they have been building on there and I have
been watching the water come down the street and I will tell
you I feel damn sorry for those people down there on College
Court and also these people on Fairview. Because I will tell
you they really had a mess when you folks-somebody said we bad
three inches of rain and I know that we had a little more than
that. I tell you if three inches of rain did that I wonder
what seven would do sometime to them down there. And I hate to
think of that one poor lady, she has to carry her sandbags out
to block the water out of her garage about every time she
hears the weather man say we are going to get a couple more
inches of rain. So I tell you what. I am thankful that we are
giving some consideration out there. But also when you are
talking about the old creek, like I say-I live by it and yes,
we own part of it and every time it flooded why we used to
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F071195
#8 page 5
kind of watch it fly by and like I say, a lot of people don't
realize that that is their problem and it runs with the
landowner there. So I hope, folks, when we are considering
this sewer and when we are bidding it, I hope between I and
Marian Smith that we shove the pipe through there with a ram.
Thank you.
Horow/ Thank you, sir. Mr. Fosse, would you like to address this?
Fosse/ You bet. We will be bidding an alternate for that portion to
bore that pipe through there. If that proves to be cost
prohibitive or we don't get any interest from a bidder in
boring that through we have designed that with a smaller
diameter plastic pipe that will require smaller machinery than
the concrete pipe and we have beefed up the bedding so we are
more comfortable and it is a good spec on the plastic pipe to
get that through there.
Nov/
I have concerns about a smaller pipe. If you really think that
the amount of water needs a bigger pipe, why are you going to
substitute a smaller pipe?
Fosse/ Yes, I didn't speak very clearly on that issue. The smaller
pipe and what is going in down stream- There is a four foot
diameter pipe going in up to Fairview Avenue. At this point it
will be a foot and a half in diameter. So comparably, it is
smaller.
Kubby/ No matter how it is put in it is the same size pipe? Whether
it is dug or whether it is bored?
Fosse/ Oh, correct, it will be the size to carry the water shed.
Horow/ Thank you. Anyone else care to address council on this
issue, the Fairview/High Street Storm Sewer? Thank you.
Karen Gerald Wheaton/ I am a Fairview Avenue person and I thought
maybe you would be interested in these pictures just in case
anybody comes to you and says ah, you oughten do that project
because we are real happy that it sounds like it is finally
going to happen and it really, again, we think it is not only
an inconvenience but a danger. I mean, when my neighbor talked
about white caps. I mean when the water hit Fairview Avenue it
is churning and it broke up an asphaulted alley next to my
house and it broke it up down to the tree roots. So the water
is rushing. I mean, if a little kid happened to have been away
from home during that thunderstorm and just walked home from
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F071195
#8
page 6
a neighbors house, he could have been drowned. I mean that is
so bizarre that that is happening in our neighborhood, but it
is. It is not just-it is not really just a matter of people
being inconvenienced and having to use wet vacs. So, the first
one shows-I am just going to pass them around (distributes
photos).
Horow/ Anyone else care to address council? Declare the p.h.
closed.
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F071195
#9 page i
ITEM NO. 9 -
CONSIDER A RESOLUTION APPROVIN~ PLANS
SPECIFICATIONS, FORM OF CONTRACT, AND ESTII~qTE OF
COST FOR THE CONSTRUCTION OF THE FAIRVIEW
AVENUE/HIgH STREET STORM SEWER PROJECTt
ESTABLISHIN~ AMOUNT OF BID SECURITY TO ACCOMPANY
F~CH BID, DIRECTIN~ CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXIN~ TIME AND PLACE
FOR RECEIPT OF BIDS AT 10:30 A.M., AUGUST 1~ 1995.
Horow/ Moved by Pigott, seconded by Throg. Any discussion?
Kubby/ I guess it is a good reminder for me that water is a
powerful thing. I mean all of us knew that in '93 or learned
that lesson again. We can't totally control water. We can
manage it. We can manipulate where it goes and where it
doesn't go but we can't totally control it and when that rain
came, Mr. Stimmel is still here, but I got 4 1/2 inches in my
rain gage in my backyard and I live right next to Ralston
Creek and I was watching it real carefully, very nervously and
it is-But I think the water dams at Hickory Hill and Scott
Blvd. do work. I have been in close contact with the person
who owned my house previously who was the original owner and
said with the rain like that you would have water in your
living room and sewer in your basement and I have neither. So
I think we are trying to back track and correct some problems.
As more development happens we have more impervious soil and
so we need to manage that water from the developments in a way
that it doesn't adversely affect the inner city neighborhoods
and all of that is very challenging as we grow to make sure
those new developments are taking care of their own water
properly.
Horow/ There is a motion on the floor. Any further discussion? Mr.
Stimmel, one more-
Glenn Stimmel/ When I mentioned City High, water from City High
drains clear down to Ralston Creek there of course. I tell you
what, I have done a lot of walking in the neighborhood and
enjoy it. But the storm sewer that we are talking about here
is draining the north parking lot of City High and that also
comes down the north end of Morningside there and the south
part of that parking lot also comes down College Street and
then the south parking lot of City High does the same thing.
They have got the speed bumps in there and of course some does
go down Fourth Avenue over there. And then they put the new
parking lot in and yes, we have built that catch basin up
there of course to stop it and that too, folks, I hope to God
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F071195
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the Fire Department or somebody doesn't have to fish some
student out of a car sometime in there because when we had
that five inch rain the other day and I mean five inches, the
water run over the street there and you know how people like
to play round and like I say, I hope to God we don't loose
some of our citizens in that plump. And I tell you that water
really does come down Morningside Drive from that north
parking lot. It comes around the corner there, 7th Avenue, and
there is a catch basin. There is three catch basins at 7th and
College and the city re-worked that intersection there a few
years ago and re-built those two catch basins that evidently
they don't take the water like they should and then there is
two more catch basins from that area on down College Street
and those overflow and that water comes on down to College
Court and then it ends up going down Fairview because the
street lays that way so it goes down that way. And then the
water that comes down from the south parking lot there comes
down College, comes around the corner on 7th and also off of
High Street and Wilson there, it comes around 7th. There is
one catch basin there by me and then down on College Court
there is three catch basins and that is where the problem is
it looks like and then on Fairview they have two catch basins
there. So, I tell you what, we just don't have enough, well,
places for the water to go. So I think this is a start but I
tell you folks, I don't think it is the answer. It is a start.
Horow/ Thank you very much. Okay, the motion is on the floor. Roll
call-(Yes).
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F071195
Agenda
Iowa City City Council
Special Council Meeting
July 11, 1995
Page 5
ITEM NO. 10 - CiTY COUNCIL INFORMATION,
ITEIVt NO. 11 - REPORT ON ITEMS FROM THE CiTY MANAGER AND CITY ATTORNEY,
a. City Manager.
b. City Attorney.
ITEM NO, 12 -
ADJOURNMENT.
#10 page i
ITEM NO. ~0 - CZT¥ COUNCIL INFOI%~ATION.
Horow/ City council Information.
Nov/ What is going on these days with the pigeons? I have a letter
in the mail from Janice Goetz saying that this is not a city
function.
Wolto/ I asked Anne to respond to Janice Goetz's letter. What has
happened-The case is moving along on two fronts. Maryann
Rasmussen has filed a private nuisance action in district
court. She is represented by her own attorney and we at the
city have issued a citation for improperly issued permits for
the pigeon coop because it was issued as inhabiting-as an
inclosure for pets who would ordinarily live and reside within
a home and so we are revoking the permit as improperly issued
and I don't believe that that has been set for trial yet in
terms of the city case. I know it hasn't been set for trial in
the civil private suit.
Nov/ And you have taken care of answering this letter?
Woito/ Yes.
Lehman/ We are not involved in this by choice. Is that correct?
Woito/ Well, yes we are. It was brought to our attention-
Lehman/ But once it was brought to our attention don't we have to
revoke the permit that was issued in error?
Woito/ Well, it took a while to get all of the facts together and
look at all of the law. But eventually someone took a closer
look at the Zoning Ordinance and decided and we realized that
the permit was erroneously issued.
Nov/ And this is many years ago, isn't it?
Woito/ This is many years ago, yeah.
Nov/ And the zoning law many years ago did not allow this either?
I understand the current law. But what about years ago?
Woito/ Well, no, the permit was issued for pets that live within a
house and I mean it is the same now and I don't believe they
are the type of pets that live within a home. Cockateels not
withstanding.
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F071195
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Kubby/ Does that mean that someone couldn't have a legal pigeon coop?
Woito/ No, it does not mean that.
Kubby/ You can get a permit under another venue from the city?
Woito/ Yes. And I think also that I believe the Animal Control
Advisory Committee was going to be looking at that from a
broader perspective of whether- You know, many cities don't
permit pigeon coops within the city limits. But we were sort
of waiting for a report from the Advisory Committee on that.
But you can ban them. I mean, that is certainly up to you.
Nov/ Is this a distinction between pets and livestock?
Kubby/ You can't have livestock in town.
Nov/ Yeah, that is what I am trying to say.
Woito/ It is similar, yes.
Horow/ Anything else?
Nov/ No. Jim-
Throg/ I noticed in a recent issue of The Nations cities Weekly
there was a lengthy article about massive cuts in federal
funding that will be coming our way over the next seven years
and it is worth noting that the CDBG Program is suppose to be
cut by 28%. The Home Funding Program is suppose to be cut by
$1.8 billion and I don't know what that means in terms of a
percent. If it is significant for us. Deep cuts in Section 8
Assisted Housing and Public Housing, phasing out Transit
Operating Assistance, increasing the local cost of purchasing
new Transit equipment. All of that stuff is coming our way and
it is not going to be stopped, right, so, and I know that
Steve is quite aware of this and it just means that the next
city council and maybe the one right after it is going to be
facing real big cuts in the federal government. It is either
going to result in the reduction of services to the public
with regard to Transit and so on or an increase in local taxes
or revenue fees of some kind, some how. It is just there.
Horow/ I would comment that the Iowa League of Municipalities has
asked for 1995-96 legislative policy issues to be sent into
them to develop, certainly at the state level, looking at what
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F071195
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can be done to mitigate, if possible, this at the state level.
So I would be asking you to get to me any issues for
consideration by the League Policy Committee. They are asking
us to get this back by July 17. So, I just got this and will
get that back but you point is well taken.
Nov/ I am on that committee.
Horow/ Good, great, it is all yours. Get them to Naomi.
Throg/ It might be helpful, although maybe premature, I don't know.
But it might be helpful to ask staff to quantify specific
affects on city programs that will be associated with that
list of cuts.
Horow/ Steve did this before a number of years ago.
Kubby/ So those things, as outlined, did they pass the Senate as
well?
Throg/ They passed the House Senate Conference committee which- It
means they just adopted a joint Congressional Guideline that
the President doesn't have an opportunity to veto and it is
going to be used as a guideline for adopting particular
appropriations, bills and so fourth.
Horow/ Thank you, Jim. Any other-
Nov/ Actually this is (can't hear). It shouldn't go to me.
Horow/ Oh, okay.
Pigott/ In that same vein the Community Development Celebration is
coming and I don't know whether you mentioned that. It is this
13th from 3:00 to 6:00 at Goodwill and I think it is an
opportunity to highlight some of the positive elements of the
CDBG moneys that we do get so that when we do lobby the people
in Washington about these cuts we can say specifically what
they do. I know we already know and it would be great to turn
out. So, I plan to be there and I hope other people do to.
Atkins/ 3:30 I think.
Nov/ You can come at 3:30 and you could leave.
Kubby/ I have a couple of things since we don't have council time
at our informal. We got a letter from people who own property
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across from Sturgis Ferry Park, recycling bins and it is
something that I know we talked about before. I don't agree
totally with the tone of this but I agree with the points made
in this and that if we are going to go after people for oil on
the ground and we want to facilitate people respecting our
recycling bins and not contaminate them then we have to have
a clean shop and so I don't know specifically what I am asking
for. I guess I want council agreement that we need to clean up
our act in that specific area which will help other people
clean up.
Arkins/ And we are preparing a response to that.
Kubby/ We need to do something different in what we are saying so
that there is- I have two kind of'water-sewer things that
aren't about rates. Should I wait? One of them is the letter,
kind of a precursor on the specific letter from Steve to the
DNR.
Horow/ Oh, maybe that
Atkins/ The draft letter?
Kubby/ Yeah, the draft letter.
Atkins/ I got that on the informal agenda.
Kubby/ And the other thing is from Historic Preservation Commission
about the Butler Residence and the idea that it is a
historically significant structure and not just physically the
structure but to the history to our community. I guess I would
like us to look at what (can't hear).
Arkins/ I think Chuck has already taken some action to either
secure the building so we can deal with that issue.
Kubby/ I wanted to do some follow-up. We had talked about meeting
with the University Hts. city council about Melrose Avenue
issue. I guess I don't want too much time to pass. That we
need to request that or respond to a request that has been
made by them before too much time goes by.
Horow/ There is that one and the council's throughout Johnson
County visa vis the landfill. It is just difficult to get
everybody to agree on a time. I am just saying at least
designate somebody° If we can't get everyone, then as many as
possible°
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F071195
page 5
Kubby/ And at least to communicate saying we want to have a
meeting. We are struggling with schedules but we are going to
deal with this as soon as we can.
Nov/
I think if we have someone absent it may not be the worse
thing. It is very difficult in the summer time to get all
seven of us at the same time. (Can't hear).
Kubby/ I don't know if the committee looking at the ped mall is
finalized or not.
Arkins/ Real close.
Horow/ Well, a person that I would be interested in and I think he
would be interested in because of the communication I have had
with him over the years about different things is Jim Clayton.
That even though he might have some very interesting ideas I
think that that makes the discussion more thorough.
Atkins/ We placed a call him today but he is on vacation until
27th. I will get back to him.
Kubby/ Lastly I am interested in asking the mayor to re-write a
letter she has already written. Sue has been really good on
keeping on top of lobbying about getting money for the Dam
study but then got kind of side whacked and it isn't going to
be done. But they are kind of starting the process over again.
So, I guess if you are interested in-
Horow/ I met the Colonel at the Memorial Day Services at Coralville
Dam and I pointedly reminded him about this. He kind of
blushed. We didn't really get anywhere but thank you for
reminding me. Yeah, he did blush.
Kubby/ I think the important thing is especially talk about non-
partisan support for this and it is compatible with what the
Corps is not already doing, not replacing what the Corps is
already doing and that the goals is to reduce the overall
damage which actually reduces flood relief money that FEMA has
to pay out. So it is an investment in many ways, not just in
the destruction of property and the environment. But it helps
the federal people save money by not having to pay our FEMA.
To me that seems like a pretty strong point for the investment
on the front end.
Horow/ Do you see that the Congressional study of the costs of
recouping from 1993 flood essentially justified the
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F071195
#10 page 6
report, saying in the long run that it is cheaper to buy out
rather than having people purchase and build in the flood
plain. Thank heavens, guys. Okay.
Kubby/ I have one last thing and that is about the Neighborhood
Stop Sign Program. I wasn't sure from the assessment. Is this
just information that we got from Marcia and John? There is no
conclusion as to what we are going to do.
Atkins/ It was pretty overwhelming that you liked the idea. Unless
I hear differently-
Kubby/ Well, I would like to suggest that we keep the system but
modify it because I believe there are too many stop signs in
some places. That every block like for three blocks on a
street that there may be 40 oars a day on doesn't make sense
and that I would like to tone it down. For me, I live in a
neighborhood that was part of the experiment and I value the
experiment and I am glad we were willing to take the time and
energy to do it and I think it was successful that we learned
some stuff. But I think it could be moderated. I think it is
overkill.
Horow/ Anybody else have any comments on this? I don't have any
problem with that.
Nov/ I don't know.
Pigott/ I wonder how you determine which ones you take out. That
would be my only question. I suppose there is a way to
determine that.
Kubby/ For example, in part of my neighborhood, most of the traffic
that is volume and speed traffic is going north -south. Many
of the stop signs I am talking about are east-west and so I
would want to keep the north-south ones in the quantity that
they are and not necessarily X all the east-west but moderate
the east-west. There is one, to be specific, on the corner of
5th and C. I have ridden my bike down that corner for 2 1/2
years. I haven't encountered a vehicle of any kind, bike,
motorped, car three times on that corner there at the stop
sign. It doesn't make sense to me. It makes it hard for people
to respect a stop sign.
Horow/ May I have a suggestion then that we ask Marcia to get back
to the Neighborhood Associations. If there is any other sites
of modification that they would like to recommend because we
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F071195
#10 page 7
don't want to play favoritism to your neighborhood.
Kubby/ And that is not what I would be asking.
Nov/ They have received some of those specifics. We could probably
find out.
Throg/ I have a reaction, too. It seems to me that at a policy
level the message that I got from the two memos was basically
that the policy works.
Horow/ Except that it is costly.
Throg/ Well, I didn't see anything about it being literally costly.
I saw words saying there might be some tradeoffs. But I didn't
see anything about actual cost. what I did see is that the
neighbors think that traffic speeds are reduced significantly
and in terms of potential accidents and safety problems for
neighborhoods, that is where it is at is the speeds. So I am
less concerned about the affects on volume. I am very happy
with affects on speeds. It strikes me that it is a winner.
Horow/ Jim, the observation from Jim Brachtel is this desire on the
part of residences in favor of maintaining the program must be
balanced against the cost of further driver disregard for city
traffic control devices, additional police enforcement, and
the cost of an expanded program.
Throg/ Right and all I was saying was there weren't any monetary
costs mentioned there in that particular- That is all I am-
Nov/ An extra officer to do enforcement is probably (can't hear).
We don't know that.
Kubby/ (Can't hear) suggestion is that we go back to the
Neighborhood Associations because I value that the Council of
Neighborhoods to say. It is not an all or nothing proposition.
Is there a way to tone it down but still reap the benefits and
they might say no. That is fine. But I think probably the
other issue for me is that we are trying to encourage people
to find alternative modes of transportation, one of them being
bicycling. If you are a beginning commuter it takes a lot of
energy to stop at signs totally, legally in those
neighborhoods for every single block. For like four blocks
there is a stop sign. You discourage people from taking that
advantage. No matter what way you go you come to that.
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F071195
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Horow/ Okay. Do you have anything else?
Kubby/ No. I will save my last thing for the other-
Baker/ This is a wonderful bunch of people because I can always
count on six items and five of them have been covered.
Throg/ You should insist on going first, Larry.
Baker/ (Can't hear). I have one that was not covered but I want to
follow up on something Jim said because it was on my list of
things of what I was going to talk in more detail next week of
when we got on camera again because I wanted a more general
discussion because we had some memos in our packet recently
about the water, the flood- the Corp of Engineers wanting to
split the cost and stuff. We are already starting to see those
costs (can't hear) and I was (can't hear) in the public. This
is just a trickle compared to what is coming and not that I
will ever be a partisan politician but I want to remind all
those people who may have voted for people who are supporting
these particular cuts.
Throg/ Well, there are consequences and we don't know what they are
until they start showing up.
Atkins/ We are having a meeting tomorrow (can't hear) about that.
We will know more next week.
Baker/ The house issue (can't hear).
Atkins/ The Butler.
Baker/ Remember six months ago you and I talked about the
possibility- Steve and I talked behind the scenes about- I
have always had this dream of Iowa City having its own
historic museum. Iowa City history sort of in a place. I don't
know what the condition of this house is in or what it is like
or whether (can't hear).
Arkins/ I don't know the size of the house or its condition or
whether we would have to move it or not.
Baker/ You might talk to Doug and Doug Russell because Doug and I
have talked about this-
Atkins/ If we are going to preserve the house I suspect you want to
preserve it for public use (can't hear).
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F071195
#10 page 9
Baker/ (Can't hear). turn around and sell it or we can turn it into
a museum. I don't know what condition it is in.
Atkins/ It is pretty ragged from what I saw. We are just trying to
secure it right now until we decide what we want to do.
Baker/ There is a lot of material out there in the city that we
could sort of coordinate (can't hear).
Horow/ (can't hear).
Baker/ Maybe talk to Doug Russell. Now, the one thing that did not
come up and somebody on staff can help me with is is the
Exotic Animal Ordinance coming our way?
Woito/ We already have one. It is on the books now.
Baker/ Is there a new and a revision coming our way?
Kubby/ Yeah, there is.
Baker/ I got three phone calls about this that I know nothing
about.
Woito/ The advisory committee is forwarding a recommendation to
Karen.
Kubby/ It hasn't gone to them yet? Because it is still getting
written and I actually suggested to our Animal Control officer
that there be some input from people who are raising exotics.
Whether there are people who would no longer be in business
because of some ordinance or not and that they are really
talking about rules like lions and tigers and bears when they
are talking exotics. They are not talking about- But the other
thing the ordinance would do is talk about permitting for
kennels, making people get permits if they are having a
petting zoo or a circus or some kind of act or exhibit that
comes in to make sure that animals are properly treated.
Baker/ The concern expressed to
had heard stories about
parakeets.
me over the phone were that they
(can't hear) birds and fish,
Kubby/ That is not the intent of the Animal Control officer.
Baker/ So if it gets to us we will know (can't hear). It is coming
anytime soon?
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F071195
#10 page 10
Kubby/ I don't think so. I think Lisa is too busy.
Baker/ I am in no hurry to push it forward.
Kubby/ There may be some people talking about a petition to ban the
sale of exotics or possession of exotics in the city. I have
asked that Lisa contact those people to become part of the
discussion about this.
Horow/ All right, thank you. I was about to say- I don't want to be
a Pollyanna through all of this but we had a heck of a good
time at the 4th of July celebration. The 4th parade got
scratched out but we had a very nice 4th of July parade on the
8th of July and Bruno and Molly and Ernie and I represented
all of you and we had an awfully lot of un. We really did. The
3rd and 4th of July, Ernie was really very much distracted by
all of the kids. They were having a good time and so were we.
But what was really a lot of fun was the Jazz Festival on the
3rd and 4th and the inter-generational representation of
citizens there was just fantastic. I understand that an
industrial engineer graduate student who did a nose count per
square foot and the two days combined there were close to
2,000 people there. That is good. That is really good and the
restaurant that I was in on the 4th of July I just casually
asked them whether or not they could notice the increased
patrons and he said no doubt about it. Absolutely no doubt
about it. So this is economic development and I am baffled
that more stores were not open for this because they would
have made a lot of money on this.
Throg/ And we helped support them.
Kubby/ We have been given kudos publicly many times during the day.
Horow/ However, this is going to come again to the next council.
You are going to have to do something about it.
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F071195
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
July 7, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
July 11, 1995
6:30 P.M.
7:00 P,M. -
7:00 P.M.
7:20 P.M. -
7:40 P.M. -
7:55 P.M. -
8:40 P.M. -
9:00 P.M. -
9:15 P.M. -
July 17, 1995
6:30 P.M. -
July 18, 1995
6:30 P.M.
7:30 P.M.
July 31, 1995
6:30 P.M.
August 1, 1995
7:30 P.M.
Tuesday
Special Cit~ Council Meeting - Council Chambers
City Council Work Session - Council Chambers
SEATS Contract
Land Use - Water Plant Site (Science Center)
Task Force - Housing and Inspection Services
Water/wastewater rate analysis/DNR revised schedule
Lighting enhancement - parking ramps
Census
Cemetery - update
City Council Work Session - Council Chambers
Agenda pending
City Council Work Session - Council Chambers
'Agenda pending
Regular City Council Meeting - Council Chambers
City Council Work Session - Council Chambers
Agenda pending
Regular City. Council Meeting - Council Chambers
Monday
Tuesday
Monday
Tuesday
PENDING LIST
Appointments to the Human Rights Commission and Board of Adjustment -
July 18, 1995
Appointment to the Mayor's Youth Employment Board - August 1, 1995