HomeMy WebLinkAbout1990-11-27 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF NOVEMBER 27,1990
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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ITEM NO.1.
Atlit-HA
U(,~
AGENDA 4c.,drr
IOWA CITY CITY COUNCIL 1J. - V
REGULAR COUNCIL MEETING. NOVEMBER 27, 1990 ~
1:30 P,M. h\~
COUNCIL CHAMBERS
W'1/{J(A 10.) )k,........v
~I-H.IIfW
~H-~
CALL TO ORDER.
ROLL CALL
ITEM NO, 2.
MAYOR'S PROCLAMATIONS.
a. AIDS Day . D9cembe~~~~
?Jfll1tJ4) ~l4tf.
ITEM NO, 3. CONSIDER ADOPTION OF THE CONSENT C LENDAR AS PRESENTED
QR AMENDED.
a. Consider approval 01 Olflclal Council AclJons 01 \he regular meeting
01 November 13, 1990, as published, subject 10 correction, as
recommended by \he City Clerk.
b. Mlnules 01 Boards and Commissions.
(1) Hlstorlo Preservation Commission mooting 01 Octobor 9,
1990.
(2) Rlvorfront Commission moetlng 01 Oc1ober 17, 1990.
(3) Mayor's Youth Employment Program Board meeting 01
October 24, 1990.
(4) Planning and Zoning Commission meel/ng 01 November 15,
1990.
(5) Afferdable Houstng Task force meeting of November 7, 1990, I
o. Permit Mol/ons end Resolutions as Recommended by the City Clork,
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(1) Consldor a motion approving a Class 'B' Boor Pormll lor I
Cloen Uvln' Ino. dba Duds N' Suds, 5 Slurgls Drlvo. (ronow.
el) ,
(2) Consider a motion approving a Class 'E' Boor Pormll lor
Eaglo Food Contors, Ino. dba Eaglo Food Contor # 220, 110 t
S. Rlvorsldo Drlvo. (ronewal)
'~O'.:lIlJ, (3) Consldor a rosolul/on 10 Issua clgarollo pormll to Dan's Short
SlOp.
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Agonda
Iowa City City Council
Rogular Council Mooting
Novombor 27, 1990
Pago 2
d. Motions.
(1) Consldor a motion to approvo dlsbursomonts In tho amounl
01$3,B08,181.68lortho porlod 01 Oc1obor l\hru Oclobor 31,
1990, as rocommondod by \ho Flnenco Dlroc1or subjoctlo
audit.
(2) Consldor a motion au\horWng \ho City Allornoy and City
Clork to onlor Inlo a contract lor Codo rovlow and updato wllh
Munlclp81 Codo Corporation 01 Tallahassoo, florIda.
o. Rosolutlons.
t.qO'~\'" (1) Consldor a rosolul/on accoptlng \ho work lor tho senllary
sewor, slorm Sowor and paving Improvemonts lor Lots 131.
1511ncluslvo and Lots 153-167lncluslvo 01 Court HII/.scoll
Boulovard AddlUon, P8I11X.
Commonl: 500 allachod Englnoor's Roport. Ii
~~9(). ,),IL (2) Consldor a rosolutlon accoptlng \ho work lor \ho Bonlon
11
Stroot Brldgo Wldonlng Pr%el M-4044(1 )-81-52. ~ I
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Commont: Seo allachod Englnoor's Roport. I
I. Corrospondonco.
(1) Lollor Irom Will/am R, Inglos roquostlng pormlsslon to spoak
at an Informal Council mool/ng 10 Inform \he Councll 01 his
new recycling business.
(2) The lollowlng lollors wore received by Council members at
\heir home addresses and are being placod on tho agonda
10 be lormal~ rocelve and placod on filo:
(a) Hanson Und Moyor, KNV Archllocls . Plannors, Ino.,
Wohnor Pallschull & Pfiffnor, Noumonn Monson,
William Nowysz & Assoclalos, Plorco King Archllocls
& Assoclales
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(b) Grogory Kovaclny
(c) Karon Paula Wltzko,
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Agonda
Iowa City City Council
Rogular Council Mool/ng
Novembor 27, 1990
Pago 3
(3) Momoranda Irom tho CMI Sorvlco Commission submlltlng
cortlfiod lists 01 applicants lor tho lollowlng positions:
(a)
(b)
(c)
(d)
(0)
(Q
(g)
(h)
(~
Troatmont Plant Oporator/PolluUon Control
Assistant Troatment Plant Oporator/Pollutlon Control
Treatmont Plant Operator/Pollution Conlrol
M81nlenanco Workor IVPolluUon Control
Mass Transit Operator/Translt
Pollco Olflcor/Pollce Departmont
Assoclato Plannor/Plannlng and Program Dovolop.
mont Dopartmont
FlrofightorlFlre Departmonl
Parking Cashlor/Parklng ~Mslon.
ITEM NO.4.
g. Applicants for City Plaza Use Pormlts.
(1) Application Irom tho Downlown Association & Morchants'
Association lor the use 01 City Plaza for \he arrival of Santa
on Novombor 18, 1990. (approvod)
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END OF CONSENT LENDAR
PLAN NINO AND ZONINO MAmRS,
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a.
Consldor sottlng a publlo hoarlng lor Docomber 11, 1990, on an
ordinance amondlng Chaptor 38 10 prohibit the establlshmont of
hollports and hollstops as olthor principal or accossory usos In
commorclal and rosldontlal zonos.
Commont: At Its Novombor 15, 1990, mooting, by a vole of e.(), the
Planning and Zoning Commission recommondod approval of an
ordlnanco that would Inlroduco amondalory languago In the Zoning
Ordlnanco that would prohlbltlhe ostabllshmonl of hollports and
hollstops as olthor principal or accossory uses In Ihe clty'a commor.
clal and rosldentlal zones. This rocommondatlon Is gonerally
conslslont with the starr rocommondatlon.
K~ / j/J~
Action:
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Con~nt Calendar page I
McD/Moved by Horow,. soconded by Ambr to adopt the Con~nt Calendar as
pre~nted as amended, Discussion
Kubby I Under correspondence there was a letter from WlIIlam Ingles about
a rocycllng business, Is that being S(heduled for an Informal.
Horowl He was suppose to come last nlghl At least that Is the way I
Intorpretedll
Kubbyllt wasn't on our schedule,
McDI Normally When someone sends us a letter like that requesting time. an
upcoming Informal m%ting is usually the way we do It.
Aikins I Wo will sot a timo for him, We will contact him and let him know
that It has b%n received and we will sot a time,
McDI We can take a look at the schedule and soo What his schedule Is,
Kubby I He says he wm bo short and swool
McDI Roll call.
Consent Calendar Is adopted as amended,
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Agonda
Iowa City City Council
Rogular Council Mooting
Novombor 27, 1990
Pago 4
b. Con sidor an ordinance amondlng the Zoning OrdlnMco by condl.
tlon81ly changing the uso rogulaUons olapproxlmatoly 168 acros of
land gonor81~ located north 01 Melrose Avonuo and wosl 01 proporty
owned by \ha Unlvorslty 01 Iowa from IQ.RS 10 OPDH.l, a prollmlnary
plannod devolopment housing plan lor Walnut R1dgo. (Z-89IS & S.
8943) (first consldoraUon)
AclJon:
Commenl: Al Its February 111, 1990 meeUng, by a vote 01 H
(Hebert voUng no), the Planning and Zoning CommissIon recom.
mendod approval 01 this rezoning roquesllo onable dovolopmonl 01
a 104~olslngle.lamlly resldentlalsubdMslon. This recommendotlon
was subjocl \0 OX\9M!on 01 tho myn!elpAI unltary sewer flom \he
Hawkoye IIn station 10 the proJoct sl1e. The Commission also
rocommonded, by a vote 01 6-1 (Scoll voUng no), \hat tho City
advance \ho cost 01 \hIs sower extonslon, with said costs 10 bo
aJlocalod on a por acte basis with \he affoc1od partJos paying tholr
share as devolopmenl occurs. The munlclpal sanitary sewor will bo
oxtonded 10 the project Sl1e, Comments rogardlng this Itom wore
received by tho Councllalthe Oc1ober 2. 1 e, 30, and Novomber 13,
1990, publlo hoarlngs.
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McD/ Moy&<! by Nov, ~ond&<! by Ambr to glye thIs (Irst conslderaUon,
DIS(usslon.
Kubby II had a qu&sUon I had asked last night II the Widths o( the streets,
OOcau~ they are more narrow than, Is part 01 the condiUonal zoning
agreement I thought the answer was y&S, But then When I look&<! at
It agaIn, It Is not In here, Does that have any impllcaUons (or other
developments In that area It they should come In and want rezoning
and It Is not In the condlUonal zoning agreement as a special condlUon,
That they Will want the same courtesy,
Gentry I The size 01 the streets Is tnclud&<! In the ordinance,
KUbbY/Okay,
GentrYI Speclllcally, Very sP9<lllcally,
KUbby I So It Is not In the condlUonal zoning agreement but the ordinance,
Gentry I Right
McO/ Any other dlS(usslon,
KUbby I Part 01 the zoning agreement, poInt '91s about the extension o( the
munIcipal sanitary sewer, Ileel very strongly opposed to that speclllc
condlUon, I don't think the city should Iront the money lor more than
just overslzlng. Which this Is, I t Is bringing the sewer to the property
line as well as helping pay lor the overslzing. Which Is dillerent than
other things that I have vot&d tor. I teel Uke I have had an
opportunity to vote against that parUcular condiUon With the north
trunk reso1uUon, ~use I think this OPOH Is Important tor this
property I am gOing to vote tor this, But With strong ObjecUon to
condlUon '9,
McDI Any other diS(ussion,
Roll call.
First consld&raUon is approv&<!,
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Agonda
Iowa CIty City CouncJl
Rogular Council Mooting
Novombor 27,1990
Page 5
o. Consldor an ordlnanco amondlng the Zoning Ordlnonce by condl.
Uon81~ changing the use rogulaUons 01 approxlmato~ 43.8 acros
locatod In tho louthoast quadranl 01 the IntorsoclJon 01 Melrose
Avenue and Highway 218 Irom ID.RS to RS.5. (Z.OOI4) (First
consldoratlon)
Commonl: Al Its mooting 01 Oc1obor 4, 1990, the Planning and
Zoning Commission rocommondod, by a vote 01 4.0.1 (Clark
abstaining), approval 01 a reqUGSt ;ubmlllod by D~JO ~lIlor II
zone change lor approxlmaloly 43,8 acros localod In the sou\hoasl
quadrant 01 the IntoraoclJon 01 Molroso Avonuo and Highway 218
from ID.RS to RS.5lubloctto tho lollowlng conditions: I) dodlcatlon
01 e acros of sul1able opon spaco within the proposod tract known
as tho Colo Farm consisting 01125 acros moro or loss, and 2) the
undorstandlng thaI this Is an out-of.soquonco dovolopmont as Is
currontly dofined In tho Comprohonslve Plan.
This recommondaUon Is not consistent with the staff rocommenda.
tlon In a report datod Soptambor 20, 1990; tho stall rocommonded
that a minimum 01 2.75 acres 01 \ho dodlcatod opon spaco bo
central~ located land which has topographlo charactoristlcs that will
allow \he dovolopmont 01 a nolghborhood playground. The Parks
and RocreaUon Commission rocommondod that \hroe or moro acres
01 parkland be provided In a contr81locaUon and that the aroa to bo
dodlcoled moot the criteria lor a nolghborhood park as apoclfiod In
the 1985 Nolghborhood Opon Spaco Plan. Tho ordinance boforo
the City Council supports the Commission', recommondotion, not
tho stalfs or Parks and Rocroatlon Commission's. No commonts
wore rocolvod at tho Octobor 30 or Novombor 13, 1990, public
hoarlngs on this 110m.
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McD/Moved by Ambr . secondw by Horow to gtV~ this first consld~ration
DIscussion
KUbby / I had som~ qu~stions about th~ s~w~r. Becaus~ I had askw a coupl~
of tim&s about If th~ tap on f~~s were gOing to b& pr~pald I thought
the answ~r was no but I knew I had read somewh&re that some of
th&m would b& prepaid In our Nov 13 Informal council s&sslon
mlnu~s It says that Dana Christiansen explalnw that there w~re two
agr~ments In principle that had been workw out with the lawyer,
And one of them was that a substantial portion of the acreages that
would go north would prepay tap on fe-es So I guess I want to clarify
that b&cause we had talk&<! about It, Are they going to b& prepaid or
nor prepaid,
McD/ It Is my understanding they are not Is that correct, Mr, MuUen,Chuck
MuUen/ That Is my understanding, too, Dana and I have had
discussions concerning the tap on fees It Is not fair as far as I am
concern&<! to say that there has b&en any agre~ment In prlnctple or
otherwl~ about my clients, ~Ither one of them, pr~paylng any of the
tapping t~s, We have clearly had discussions center&<! around the
fact that If we were forc&<! to go north that to hook Into the northern
part of our subdivision with the sewer, we would clearly b& there,
hopefuUy, to pay our share of the tapping t~ for that part that we
would 00 developing first would b& there by the time the sewer got
there Our expectation Is that our entire tapping fee would be paid
long before anyone else's tapping tee because we expect our
development to go much quicker, HopefuUy, two thirds of It wlU 00
paid relativ&ly quickly, Again, our expectation Is, Uke aU users under
a tap on fee ordinance, Is that we would pay when we had the
development ready to hook Into the sewer,
Y.ubby / And you say that the two thirds can 00 paid quickly because of the
pace of dmlopment,
MuUen/ T1lat Is or expected and our hope, yes
Kubby / I also have some problems with this conditional zoning agreement
that It says suitable, Suitable has been w~U defln&<!, I have a
problem with that, The definition Is that suitable m(tans that It Is
going to b& In the wa~r re~ntion area, I don't necessarily think that
Is the most suitable sltu~tion to have aU of the the park land also
double as the wa~r retention land, Wh&ther It Is first retention area
and then park then retention area Either way, I don't know that I
like aU of Ule SIX acres being used tn that way I prefer to IIave some
space that was active whether It be In those 43 acres that are being
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rezoned or tilt ~ by the other passive space I f*1 real
uncomfortable having all of It double as water retention space I don't
think that IS the Intent of all the neighborhood open spaces
Horow/l don't dlsagrw With you that It is the Intent I do think that this
particular parcel presents, and has ooen worked over by P fl and the
developer, presents a good linear passive parI: arrangement I guess I
don.t have that much trouble With the word SUItable I think that Will
00 capable Of oolng developed
~ubby II think It Is going to be good to have some of it there because It Is
going to have this passage way I don't have a problem WIth having
some of It I don't want all 01 It
tlov I Karen, I had a talk WIth Tom Scott, P fl Commission He said that the
Commission did not Intent lor the entire d~tca~ pan: space to be In
the storm wa~r detention baSin He said that some 01 It was allow~
to be along side the storm water detention baSin He saId the
Commission never did Intent lor OM baSin to be serving as
neighborhood space as well This was not clear lrom the description to
council...
Larsonl Does he understand that it Is clear now that it Is gong to be in the
detention basin,
Kubby I Becau~ tl we don't want It there we have to vote thiS down,
Novl He claims that it Will be parUy along side the detention basin, The
detention basin requirements WIll not ~rve as 6 acres 01 parkland
and he Will at that point define suitable Wllen the plat Is In place. He
s*me<! to think that he wasn't disagreeing,
~ubby I We would told last night that half 01 an acre would be a lot That
they would have one less lot to make the 6 acres tl the water
retention am was only five and a half acres Not all 01 It,
Larsonl As It was obvious last night, I have a lot 01 problems WIth the
situation Wllere P fl believe<! the dedication 01 parkland was suitable
and P IR and stall and this council member thinkS It IS not suitable 1
am gOIng to vote In favor 01 It because I think It would be unfair to
Mr, Cahill not to lor a couple 01 reasons, One Is Is the way our process
works Is that P fl does wllat they Ullnk they can do to make the best
deal Wllere we ar& giving a rezoning In exchange for some parkland
d~lcation, I WIll express and have express~ my disagreement With
their consideration of Wllat the best deal was here S~ondly, I think
this land ought to bo zone<! residential Since that ts Wllat they are
asking us to do and since that IS what I think the land ought to be, I
am gOing to vote for It I don't think this Idea of extracting something
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from the developer In order to get soml?thmg rl?zonedls n(l(~sarlly
the way to play the game The land ought to 00 USOO as r~tdentlal
land and that IS What he IS as~tng It to 00 And II In I?x<hange for that
the city wants to encourage some dedication of parkland then we
ought to pass an ordinance that says Wi! have an opl?n space ordinance
that requires some dedication of open land ....,thln each new
development And do It In a more orderly process than what has ooen
accompllsMd In the past and What IS oolng attempted here 1 think
that council and P fl on our next get together ought to talk about the
advantages and disadvantages of passive space and active space ....,th
regard to parkland I happen to belleve that WfJ should have a IltUe
bit of both In every area of 100 acres In an area Ilke this People
ought to have some passive space to enloy lust open areas, Yet you
also have to have an area set astde for more active endeavors like a
par~ shelter, sWIngs and things Ilke that ThiS IS a kind of community
that IS large enough to have those kinds of Ullngs In any 100 acre area
of residential development Those things would not be fair to Mr
Cahill to let dictate my vote So I WIll vote In favor of it
Courtney II would like to take that one step further and talk about the P IR
Commission not being consull&d as a doalls made, They are the
people that have to maintain th~e parks afterwards, I am all in favor
I)f Pfl putting the~ things together I would hate to do all of them
myself, Most all of the time they work out quite well. But wheMver
there is parkland Involv&<! I Ullnk that the P IR director and/or the
Commission ought to be Involve<! In that before a dealts struck and
presented to P IR Then when it comes to us without their approval.
we aro put In a position of choosing which commission wo want to go
with tho r&Commendation, I don't particularly care for being In that
position, I understand thore has boOn a recent mooting with tho P IR
chair and Pfl chair, I hope that that would work In the future,
Larson I I think you are rtgh~ It Is appropriate for us to get into the details of
tIlose deals Ulat Pfl puts together, I think It IS appropriate for them
to do those things, For Instance, In tIlis development, tho oxistence of
the topography Whoro It was and tho plans for whore tIlo streets had
to 00 and Where the ponds are and wherfJ tho rldgos arfJ I think It
was just awful dlllicult for the developer to find a place to give tIlree
acres of activo parkland, I think thero Is a reason, I don't think It is a
stubborn or selllsh devoloper by any moans I think thoro is a reason
Why thiS doa1 was struc\:. and It seem to ma\:.e sense to overyoM at
tho timo I lust tilln\:. we om to do ullngs a little bit dlllorontly In
tile future,
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Nov / I agree W1Ul Randy It IS time to have o~n space ordinance
McD/ I Ullnk It Is relative for us to rememwr Ulat we do not have on Ulo
books a mandatory o~n space ordinance The land Ulat we received
In Ulis manner Is literally a gill It doos not have to w provided, We
ending up W1Ul o~n space which Is our ultimate goal In Ulese
subdivisions as Uley develop, But at Ulls point In time It Is a gtft
Larson/ I Ultnk where Ulere Is a piece of land WiUl a rezoning request. It IS a
close calL That mayw Ule land should w used for residential. mayw
It shouldn't, Then I Ullnk you can talk about well Ule develo~r
should maybe sw~ten Ule pot a little bit to get It rezoned But here I
think this Is clearly residential land and I don't want to Mid them
hostage to our desires to have Ulem dedicate a bunch of parkland,
This Is a pretty good project overall,
KUbby / Randy, part of our rationale Is Ulat an agr~ment was made at Ule
P/Z stage I Ullnk.1 would like P/Z and stall to make It real clear to
develo~rs and to Ule commission memwrs Ulat be(ause a deal Is
made Ulere doesn't mean Ulat Ule deal will come all Ule way here,
That we may like Ule deaL I don't Ullnk Ulat should stop us from
doing what we Ullnk Is right lust because an agr~ment was made, It
has to be made wiUl Ule understanding Ulat Ulere is risk Involved and
Uleta It may not go Ulrough council, 1 don't know how clear Ulat Is
made In Ule process, 1 want to reinforce Ulat It should be made clear
t.o commission members and to develo~rs,
McD/ Part of Ulelr charge Is to resolve as best as Uley can all Issues wfore
Ule final recommendation, which Is Ulls body, There might be
dlllerence of opinion on what Ulat final recommendation Is, Just
because one or two might dlsagroo WiUl what Ulat final
recommendation Is does not mean Ulat Ule whole process Is bad
elUler
Kubby / What I see happening here Is Ulat yes we are getting a dedication of
land, But In actuality wllat we are dOing IS Ulat we are now gaining
Ule responsibility of maintaining Ulat water retention area, Whereas
In oUler situations homeoWllers would have to maintain Ulat, We are
getting someUltng but we re also having to take on much addltlonal
responslbutty, I don't know Ulat It Is just a gift, It Is but It Isn't, J
would prefer to see a little bit of active space even If It Is In Ulat
souUlern portion, I hear Ulose arguments about Ule 43 acres wing
wst for development and Ule only active areas would be where Ule
malor streets would be I Ullnk Ulere IS an active space out Ulere and
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It people are going to develop areas. we need to move on It. I would
encourage us to put that on P n's list 01 things to do
McD/ Any other dlS(usston
Gentry / Yes, I have some clartllcation It was not my understanding that
this was gOing to 00 deeded to the city lor malnoonance purposes, Am
I missing something,
Larson/ This says dedicated open space. doos that mean that
Gentry / Was It your understanding that the city was going to maintain thiS,
Chuck Mullen
Courtney / That was P /R's objection Irom the beginning,
Mullen/ To anSWer Linda's question.My eXjmtation would 00 that yes,lt
property Is dedicated to the city It oocomes the city's property and
there lore, the clty's responsibility, I wasn't aware 01 any caveat In
this conditional zoning agreement that would require us to dedlcaoo It
1.0 you but still maintain It ourselves,
Nov / As [ understand this agreement, there silt acres to 00 dedicated are not
sped/ic, The dty has the choice at a laoor daoo to accept or reject a
particular acreages,
Larson/ At the preliminary plat level?
Mullen/ That Is the way 1 read the agreement as well,
Kubby /In the mean time I would like us to explore liability Issues tI we
were going to haVe space that Is dedicated parkland that Is also waoor
retention area, What about salety, How do We make It open space but
still have It sale lor kids,
Ambr./ You already have that In a great many places In town, Karen,
Larson/ We can deal WlUI that ISSUe at the preliminary plat leVel.
Mullen/ One thing I would like to point out Is Yes, you are free to accept or
relect at the preliminary and /inal plat level a proposed dedication,
You all understand that Tom Scott's comments that what we expect to
come out 01 P n Irom the preliminary plat Is In lact thiS area as a
proposed dedicated park We expect. given conversations With Pn
that we Will get that recommendation Irom P /Z
Larson/ They appear to 00 hedged a little bit from Naomi's comments Irom
Tom today that mayoo the whole Silt acres weren't gOing to be in the
detention basin area, We Will let you and Tom argue that one,
Mullen/ The deal Isn't done until the deal IS done
McD/ Any other discussion,
Roll call-
First consideration Is approved
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Agonda
Iowa City City Council
Rogular Council Moollng
Novombor 27, 1990
Pogo e
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Consldor a rocommondatlon 01 the Planning and Zoning Commls.
slon rogardlng a roquosl to rozone approximately 2.94 acros
gonoraJly locatod 1.25 mllos north 01 Iowa City on Prairie du Chlon
Road Irom Ao1, Rur81, 10 AS, Suburban Rosldontl81. (CZ.9036)
Commonl: Allis Novomber 15, 1990, mooting, by a volo 01 6-0, tho
Planning and Zoning Commission rocommendod, In conlormanco
with the Frlngo Aroa Policy Agroomonl botwoon Johnson County and
Iowa City, that tho City Counclllorward a commenl to tho County
recommending tho County approve tha requost 10 rezono tho
lubjOc1 property Irom A.lla 11$, .mco\ho property" to be u~ lor
lorm farnl~ purposos. This rocommondatlon Is gonorally conslstont
w1\h \ho Ita" rocommondatlon Includod In a momorandum dalod
Novombor 7, 1990.
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ITEM NO. S.
PUBUC DISCUSSION.
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McD/ Public DISCussion
'''Ince Maoor / I am here representmg the Senior Cen[t)r Commission Can I
hand out some ma[t)rIal On page I a there IS an I[t)m that the ~nlor
Cen[t)r IS qUI[t) proud of It Is an I[t)m that ap~ars In thiS national
publlC3Uon about our local ~nlor Center. Brief report about an Item
that W(l are lnvolvoo WIth t the ~ntor Center If you have any
qU&Stions about thts report or about anything el~ fell fr* to ask me
The Item I'm reporting on tonight IS the trip by Bette Meisel to
repr~nt Iowa on the d&l~ate council on the National Institute of
$(lnlor Centers Which was as a r&Sult of the City of Iowa City funding
and allOWIng her to do that Som& of the events Which hap~noo as a
result of her having attendvd th& S~IQf Cviiwr Institute are the
follOWing: The Center has r&Clllvoo some National publicity, part Of
Which you s* on page la We have b%n orreroo a S700 grant to
"rrer a ~rl(>S this year on the Bill of Rights, The grant Is a federal
grant Which W(l f*1 quite a honor for your local commission, Our
r(>Search guidelines are now usoo nationally, The guldelln(l$that have
Imn (>Stabllshed are now followoo by other ~nlor centers, Another
Item as a result of this Is that we hm b%n ask&<! to participate In an
Agency on Aging grant. Which Is a result 01 having participate In this
Nallnsl on Senior Centers, We hm b%n ask&<! by the recreation
depl of the City of Portiand to ~nt them our Senior Center Comm, by.
laws, Th&y are gOing to use this as their model When they set up a
similar Senior Center Another Item, the magaZine The National Staff
01 Perspectives thought that the local Senior Center's activlti(l$ for
~nlors such as hiking and many similar health activities. they felt
they wm pretty unusual for ~nlor centers, It Is my understandIng
that at our local center we 1*1 that those are the norm, Bette
Granquist, the Dlr&Ctor of The Commission on AgIng, drove two hours
to Iowa City lust to come to the Uvlng Will program at the Senior
Center Thm are a number of things gOing on there that are of
Interest. I think W(l can be proud or.
McDI We, all 01 us, and you that partiCipate a little more actively, have
known 101' a long Ume What a great Senior Center W(l have It looks
IIk& the word Is spreading a little furthor than lust Within our
boundarIes",
Hank MIQuW I won the Iowa City Yacht Club In today's pa~r there was
so'Methlng that came up that really angeroo me It really doesn't
art&Ct me w Whole lot I would probably make more money If I sold
cigarettes 0'1&1' Ule counter than out or a vending machine It soundoo
as though you guys are thinking about passing anoth&r ordinance that
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WIll mal:t' It rough on vt'ndors of clgarettt'S by trYing to t'llmlnate tM
minors from smoking I understand also Illat mayoo you guys are
gomg to hm a forum or talk about IllIS at a later dalh II so, ar e you
gOing to do Illis How are you gOing to enforce IllIS Are you gOing to
have police go out at Ille schools, follOWIng kids around and I Ding
sevenlhen year olds What are you gOing to do WlIll Illls
McD/ This hasn't been presented In Its IInat form But yes, Illere IS an
tnlhrest In pursuing IllIS We have had some dtscusslon at Ule counctl
!t'veL There have boon groups Illat have prt'Sented Information to us
about ordinances Illat have been adopted In olller communities They
f*1 strongly Illat we have a rt'Sponslblllty to take a look at IllIS This
Is what council Is doing at tIlls pQlnt What 1119 final fQrm wt1J M, ~
don't know yet I Illln!: Illat Illere Is a enough Inlhrest at Ille council
1ml and by Ille public Illat Illere WIll probably 00 somellllng adopted
at some point down Ille road
M~uel/lt sounded as Illough Illere WIll 00 penalUes lor people vending or
selling Ille clgaretlhs but Illere weren't any penalties for Ille kids Illat
were smoking Ille cigarettes or wanting to purchase Illese Are we
supposed to spank Illem,\
Courtney I No, you are lust not suppose to sell Illem to Illem,
Ml9uell What If they hm Illem,
Larsonl We are looking at two ordinance, One ordinance just changes
someWllat Ille law as It Is now, Right now It Is Illegal to sell to minors
under stalh law, This would make Ille city taw more enforceable In
that Ille cigarette vending machlnt'S would have to 00 equipped WlIll a
locking device and hm to be unlocked at each transaction to make
sure Ille machlno was In view 01 Ille adult Illat was In charge of selling
the cigarettes, The other Illlngs WIllch would be an amendment to
Illat ordinance, WIllch I am not at all sure Illat Illere Is four voles on
council for, would also make It lIIegal to possess cigarettes as a minor,
That Is much more controversial than having the locked vending
machines, There WIll be a time WIlen bolll of Illose Items are on Ille
agenda to be voted on as an ordinance and Illat would be a tlme..let
Ule public comment on Illose Illlngs or not I presume It would be
okay to comment,
M1Bue!l BaSically, It really doesn't affect me, There shouldn't be 17 yr, old
people In my place, At Ille same time It really concerns me that you
are going to pass ordinances to do Illis stuff, When I got brought
down to Ille police dept for my IItUe thing on Ille roof You guys got
an ordinance book Ulat IS Illlcker Illan any bible that ( Ilave ever s*n
I t would occur to me. II you are gOing to keep paSSing lllt'Se Illlngs,
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We already have a state law that Is suppose to keep people that are
under age from smoking, To keep dOing thiS stull on top of WIlat has
already ~n done-
Horow/ I think W& do hav& a r&sponstblllty for th& Malth of th& cIUz&ns,
Hank, And this Is on& sltuaUon In WIllch W& hav& looked at th&
statistics and W& hav& looked at the literature and nlcoUne IS
d&tlnltelya gateway drug towards other drugs. It we have this
responslbtllty for th& pUblic safety and w<are of our clUzens, th&n as
far as I am concerned, I am going to do as much as I possibly can to
enforce It and to make It as dltttcult for the kids to even have acc&ss
to thOS& cigarettes, Obviously, those adults that want to buy them can
do that...But the kids can't,
M~UW I agree With you to a c&rtaln extent. It lust seems In this town,
there Is a major drug problem In this town, It doesn't soom like we are
spending the money to go out and pick up drug dealers or posmsors
of anything else but you want to Slap kids for smoking cigarettes,
Horow/ What really Interests me about this whole approach Is that It Is a
gateway to using drugs, And It through prevenUve medicine we can
st op a number of kids from going that pathway, then I think It Is
worth It, I am not saying that we are not going after drug users or
sellers of substance. There has got to be a concerted approach,
~Igarettes to me Is one way of doing It.
Larson/ One of the Issues also was was that the police dept.. was having
trouble With their available resources enforcing tile state law, It
wasn't an easy law to enforce, This Will make It easler, So In that way
we are preserving some pollce resources to go after other problems,
M~uW Another Item I have here Is the seat belt law..,saw this elderly
woman getting written up by a policeman that Is walking up and
down th& sld&walk..,
Horow/ That Is a stat& grant, W& have received money to enforce WIlat Is on
t.he books, We have lust recently received a grant to do this, I would
like to Mar from you, Hank, IS that you are going to cooperate With
this, That you are going to teach your employees why they ought not
to be selling to 17 yr, olds, /t's the cooperation of the owner With the
education of the employees, so that they don't look the other way
WIlen a kid comes In and wants to buy a pack of clgarett&s,
Mlaue1/ As far as I am concerned It Is against the law and they Shouldn't be
In my place anyway I don't have any problem With It
Another thing and maybe this Is directed to the city attorney, I had,
about a w&ek or so ago, a police olllcer come down to my place and
give a person a breatllallzer down tn my bar I want to know, Is this
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I~al to do And If It IS legal, IS there anyway of IIndlng out when they
go out to the Highlander and to Season's ~st, to give these
breathallzer oosts to other people
Gentry II would appreclaoo It II you would give me a call or make an
appointment to come down and talk to me about It J would like to
find out more about this and give you a betoor answer,
Mlguel/lt lust really disturbed me, (talked to my manager about It He
said that
Gentry II appreclaoo your calUng me, We Will set up a time,
Kubby I When you find out an ans~r, Will you let us know
Gentry I Y &$,
MI~UQl/lt dlsturlMl me that all (If this stull is hap~ning...It seems like
more and more ordinances are being placed to help the community
and to help the people, But the people have to be able to do some
things for them~lv&$ You talked about an ordinance for open land
u~..,thlnk about It, There are tons of ordinances,
McDI Anyone el~.
Agnes Kuhnll have been here for a long time, There have been a lot of
changes, We all know that It gets more complicated With the more
humans that there are In our mldst....! was dismayed Monday to be at
a Task Force meeting In the Senior Cenoor, Which Is part of a six county
group, At the meeting a supervisor came to us to report that the
supervisors had asked her to come, That It was her turn to come to us
1.0 explain the blocking of one person from being In the dining room at
the Senior Cenoor. In so much that It Is a complicated budget But
heavens every budget Is compllcated,..The county pays rent for the
dining room from 11 :30 until 1:00, They were trying to negotiaoo
about this person that they feel Is entitled to eat there as long as there
has been no sudden deoorloration In his behavior In the last oon years,
He Is not aggressively disturbing the peace and he Is a human,
Therefore, she was amazed to discover that the police Will have to pick
up anybody, even from the Brd, of Supervisors, Who brings tills
Individual In, It doesn't seem possible to me In our staoo of civilization
and common sense In Iowa City that the City and County couldn't work
out something quietly together on this Issue, My second loom, I Wish J
would have closer to the man Who came from the Senior Cenoor
because I was on the Elders Council when we established and made
plans for the new Senior Cenoor One of our agreements for the fed,
gov was that every year we would do a survey of the people who use
Ule S&1l10r C&noor When 1 went to the Senior Commission to ask about
why can't we have this survey, 1 was told that It would be too
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exp&nslve Having connections with the University, I ~now with a
proressor's help It would b& rr* or charge, It would give us data
about What Is gOing on there, Those two Items I am concern&<! about.
McDI On you first Item, this Is ongoing and there Is an attempt to try to find
3 resolution to this problem and there very possibly will b& In one
rorm or another sometime In the Mar futur&
Kuhnl ..Than~ you,
Kubby II ~now ~ had recelv&<! corr~pondence rrom the County, I would
appreciate some Information about that as soon as possible,
Gentryllt was In your mall toady, You should receive It tomorrow,
Kubby I Then some response from the city could b& done as prompUy as
possible,
McDI AnyoM else,
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Agonda
Iowa City City Council
Rogular Council Mooting
Novombor 27, 1990
Pago 7
ITEM NO. e. CITY COUNCIL APPOINTMENTS.
a. Consldor approving roccmmondaUon 01 tho Coralvlllo City Councfl
that Dawn Willis be roappolntod 10 tho Rlvorfronl Commission as a
roprosontaUvo ol\ho City 01 Coralvlllo lor a throo.yoar term ondlng
Docembor 1, 1993.
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ITEM NO, 7. CITY COUNCIL INFORMATION,
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McD/ City CounclllnformaUon
Courtney / Had a call toady and I have already talked to Steve about
It .Roosevelt School has some serious concerns about the rallroad track
on Groonwood There apparently was done some correspondence done
previously a couple years ago With the Crandlc about not running the
trains through during the time the school chlldren would be going to
and from school Apparently there are college age kids are trying to
go betwoon the cars when the train IS stopped TIle concern IS IS that
the grade school children Will attempt to do the same thing, What
they would like us do s assist them In talking to the railway and about
gettlng the trains through early n the morning before both the trafftc
on wheelS and on foot start through thoro, Steve-
Atklns/ 1 talked to the rep lrom Roosevelt School this alternoon and Linda
was gone this alternoon But her olllce had received a call lrom
someone other than Mrs Witness and Bill Cooke has already started
some research on the tlllng. It's In tlle mUl and hOpe to get sometlllng
to you very quickly,
Courtney /..Pattern Is starting again
TAPE CHANGE TO REEL 90.98, SIDE 2
Horow./ Is already a bad habit pattern at Southeast. Those kids do race to
get across belore the train,
Atkins/..,SOutheast, lortunately the kids are a Ilttle older,
Horow./ I would like to ask about the crosswalk down by McDona1ds on
Lower MuscatJne, The groups 01 kids lrom SOutheast that cross and
then go either to McDonalds or through Sycamore
Atklns/ At Mall Drive? I think Jim has In the mUl the tralllc signal study, I
don't know tho status 01 that But I Willltnd that out lor you,
Ambr./ Like to express my personal appreclatJon, ,the creWS that work lor
the waste removal dept. They Were out working this weekend, on the
holidays and Sundays, In the rain to pick up tllO leaves I know tlley
were compensated lor ILl don't think you would too many voluntoors
that would go out In the driving rain storm and cold and perlorm
those dutles, I Wilnted to commend them for It,
The other ilhm Ju~t as a matlhr 01 Inlormation lor my co-councilors
This Issue 01 the clgaretlh vending machine ordinance that we are
gong to be discussing more lrequently than what We have In the past
1 agree With the ordinance In principle, We do have two languages tn
tllese proposalS before us tn thiS packet I talked to Mr Atkins today
and I think that I am responsible lor one 01 the dl((erences I want to
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clarify to my co-councllors. It was not my IntenLThat I think If we
ar& gomg to hav(l a ~nalty for the seller, there should also 00 one for
the buyer I don't see any of that In either on of these proposals. The
I~m that Is In there that IS attributed to me IS authorship and I
disclaim that IS that one ordinance proposes that the law enforcement
people amst somebody for the possession of cigarettes If they look
like they are under the age of I a That was not my proposal at all
That would 00 very very dlfftcult to enforce
Larson/ Didn't find much support for that.
Ambr/I think that If you are going to enact a law Ilke that I use the
analogy With the sale of alcohol to underage people, You not only put
a ~nalty on the seller, also do on the buyer....lt Is exacUy the same
principle.."
Larsonl Publldze this m~liiO we got from Denny Gannon, Asst City Engr, The
WOOlf Ave brldgo Is In my district, They caught the people that ran In
to the bridge and caus&<! It to 00 clos&<! to make everyone drive all the
way around, They Will 00 paying for the damages, Bad news Is that It
probably won't 00 fix&<! oofore the middle of January....
Kubby II have one I~m, It Is about the clgarotte ordinance, It Is a request
frum (&gal, I think, That is contacUng juvenUe court to see how
enforcement of this With sanctions against purchasers would affect
Do they have Ume to deal With community service? Fines?
Or both? Or a combination? And just Wllat their work load Is and how
this could affect Ulem and any comments they have about It,
Gentry I We have not contacted them yet, I anticipated we would really 00
pursuing this if you choose to ban purchase by minors, We would go
the municipal Infraction route-not the simple misdemeanor, JuvenUe
Court rou~ would be too burdensome,
Kubby I So doos that mean If you do do some community ~rvlce tn this, that
the city would have to monitor
Gentry / That would have to 00 the courts,
KUbby / Explore that a IltUe blLWllat their current situation Is, Or If you can
give me a name,
Gentry / This Will be an entire new animal for them, I am sure they are not
at all prepared and haven't quite thought about It yet We should
alert them In ~rms of requesting equitable rellef or community
service for vlolation"Good time for me to talk to Judge Robinson about
thiS,
KUbby / Would that 00 a good person for me to talk to about this,
Gentry / I had better contact him first
KUbby / Let me know,
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Larson/ Are you laking Bill's comments to mean that Dana IS going to
prepare two possIble amendments
Kubby / We had talked about last night having possession or buying..,
Courtney / We talked about taking possession out 01 It
Horow/ Putting It as an amendment Not In the sense that he meant It
tonight
Kubby / Dana said Ule amendment would be worded so that you could
scratch out possession or
GenlIy / We Will take out possession lrom What I am hearing tonight and
only go lor purchase, It Will be two ordinances, One to go against the
minors and one on the vending machines alone,
McD/ Anything else.
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Agonda
Iowa City City Council
Rogul81 Council Mooting
Novombor 27, 1990
Pago 8
ITEM NO. B. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Managor.
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b. ClIy Allornoy.
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ITEM NO. II.
CONSIDER A RESOLUTION AWARDING PROFESSIONAL DESIGN
SERVICES CONTRACTS FOR THE NORTH COURT ADDmON TO THE
CMC CENTER. .
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Commont: This rosolutlon awards contract. lor contract documont.
produclJon managomonl, mochanlcoVonglnoorlng 80rvlco., 8tructural
onglnoorlng, and Intorlor doslgn'80rvlco,'or loos tolallng up to $75,000.
Total proloct con.truellon cost. aro ostlmalod 10 bo $1,250,000. This 110m
was deforred Irom tho Councll mooting 01 Novombor 13. 1990.
Action: ~,f,t1t) / Jl1/(t~
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McDI Ms, Gentry,
Gentry II have good news as I announced In your public packet Ann
Burnside Is joining our stall no la~r than Dee, 21 or this year, I han
known Ann for years, She worked as an In~rn from law school when
I was hore before In 1979-82, We look forward to having her on our
stall and hOpe you all will stop down and welcome her
Larson I....
McDI Thank you,
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McD/ Moved by Larson ~onded by Ambr to adopt the resolution
DJscusslon
Horow/ We had discussion about thiS sublect last night, It finally broke
down Into two parts One was the generic aSp&et of procurement
policies and the other one was the Sp&eltlc second phase of our
contract to complete the Civic Center. I remain distressed about the
procurement policy In general. I Intent to vote against this for that It
Is lust against my prinCiples I feel that the procurement poliCies that
are followed here could hm !>&en ootter. Not only on the city's part
but also on the part of the archlt&etural community I understand that
they do things dlffmntly from what I thought they did, That doesn't
mean that they can't do something dltferently I look forward to us
developing procurement policies that will assist us In actually having
gr~ater public accoufitablllty of tM Money, But also for the
community a tighter Idea of what It Is what we want It will mean
that we will hm to make our wants know a little bit ootter SCope Of
services will 00 designed so that we let the community know what we
want, Not that we are going out fishing, I feel very strongly about
this subjecl Therefore I will not vote .
Larson/l thought It was helpful to have the discussion we had last night so
that the city manager could feel council's concerns about some asp&ets
of Il I also asked that we not take any policy direction from that
discussion due to you and Bill not oolng there, We need to have a
whole council discussion about It It we are going to change anything
that we hm ooen doing. While I would have Ilk&<! to see more firms,
eSp&elally local firms contacted In the beginning of the police and fire
construction prolect> I don't think It Is necessary to go back out and
redo anything, I think the point has boen made that we can do things
a little bit dltferently, I think that we should talk about the process a
little bit at a dltferent time, We got good work at that time, I don't
think the restriction of who was allowed to bo Involved In that process
was so torrlble that we need to go back and start over, I think there
was good points made by the local archit&ets that w&re taken to heart
by staff and council. I think the archlt&ets letter was not phrasoo
arUully to really represent their true feelings, I thought the archlt&ets
who spoke last night did a nice lob of saying what were legitimate
concerns, I think those were taken to heart by people, I think they
did a good lOb before and will continue to do a good lob, It Is not fair
to compromise this project for a process and principle concerns that
we can deal WIth from now on
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MeDII agrw I think that any proc&Ss that we use certainly doosn't help to
review (rom llme to llme. We wHl have the opportunity In the Mar
future to reView this I don't think We need to defeat this particular
resolution In front of us at this time to delay this because We could be
talking about at least a few more months, I think the other thing that
should be said That the reason thiS particular method was used was
the bottom line was to save money on this That's Why this method
was used to arrive at this, We Will have the opportunlly to review our
procedur&S In the near future and we can do that
Ambr.t I am sensitiVe to the Issue, I think the local professional architects
do have a grievance but then I looked at the matoor historically and I
see that going back to a great many projects that we have had worked
on Since I have been on the coundL That the procedure has boon very
well denned as to how one selects somebody With prof&Sslonal
servIces, The disciplines that do have professional status, Whether It
Is architects, legal, c,p,a" etc, are a little more sensitive about an Issue
like this then perhaps somebody Who might come to us With a
proposal for lust equipment I want all the architects and all the
professionals In the community to know that this councllls very
empathetic to your point of view, But I, for one, Will vooo for the
resolution becaUse I think that We haVe already addressed this Issue
With our nrst phase of the civic center, Whenever the proposals we
let, the bid letting. It you recall, we only received one bid to renovate
the pollee and tlre station and that caused quite a bit of concern to a
majority of this councll, I know each of us looked Into that In our own
time and talked to various contractors to nnd out how that came
about In the end, my declslon",was that It was a good decision
becaUse I talked With the men and women Who occupy that space
over there on a day to day basis, They are quite saUstled With What
they have We have done this before, talked about aesthetics../ think
the place Is functional I am not ashamed of What I see there"../ Will
vote for this resolution to proceej With the project because I think
that Mr, Atkin's point of view Is that It Is going to save some money, I
really don't think the architectural communlly and the community Is
going to be wronged that much"..! am sure that projects In the future
Will have a more detlnltive way of being approached especially When
It comes to making sure that everybody Is notined well in advance as
to What we haVe In mind
Novll think we all agree With you Bill I also conSidered the fact that this
was a second part and I wasn't here for the nrst part, I Will go ahead
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'9 page 3
and vooo for Il The procedures for the future really ought to be
changed,
Kubby / IfellUke that WIlaoover we do tonight our process Is not going to be
the best that It could be, III should vooo It down, then WIlat I am
doing Is shutUng down a firm WIlo did a good lob and I want to have
this conslsooncy through the phases, But If I vooo for I~ 1 am not
giving ample opportunity to the architects from the very
boglnnlng..WIlo bows? Does the InsUtuUon bow or do we ask the
Individual businesses to bow out I guess I feel very strongly that the
InsUtuUon, In this ca~, should bow and say even though this Is the
svcond phasv Wi! should go back..,and start over again, Even though I
have no problem WIth the architect WIlo Is working WIth us and I want
that conslsooncy, I think to make that polnl Because the Institution
made the mistake, I think the Institution should back track, I am
gOing to vooo no
Courtney / I think this was a 1~ltimaoo atoompt on our professional stall's
part to safe the tax payer some money, It Is yet to be seen on
WIlether that hap~ns or not We hire our professional stall to do lust
that It Is only natural that WIlen somebody Is faced WIth com~tition
that they are going to strive to overcome that com~tition. We do It
all the time at our business and architects WIll too. We have a WIde
range of sco~ of projects and I've participated all the way from the
full blown commlttoo process that we used WlUI the Mercer Pool and
that was done WIth citizens from all walks of Ufe and took months and
months to come together, I certainly would not want to do that on
every project that we choose to undertake in the city, Many of the
projects have been done from a stall review of crilbrla-of the
qualltlcations of the tlrms such as Ule proposed park down by the
treatment plant or the proposed ramp across the streel That process
works very well, I wouldn't want 0 be Involved In the selection of
either one of those, I think some of us here have a desire to micro.
manage more than others do Personally I think we pay a lot of
money to the stall that Is here to do that lob for us, We don't get paid
that kind of money to make those kind of selections, I don't feel
qualified to do Il Maybe this project was big enough that It should
have been taken out on a IItUe dltterent basis, I think that changing
dlrecUons would be detrimental to the tax payers, We are talking
about a delay of several months to go back and do a WIlole new
process here DUring those months we are going to continue to pay a
lot of rent In the spaces Ulat we rent around town, I think It Is not
going to save us any money, I'm sympatheUc to the prooost we got, I
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am not sure there Is anything wrong With our system. Sometimes ~
are going to do It one way and sometimes ~ are going to do It the
other way,
Kubby / What I'm talking about Is not. I don't have a problem With us having
city architects. It's how, wilen our city architect Is the architect and
hlt Is looking for subcontractors for those other architectural services
he doos not do and that ~ need, That's where I think our process Is
not as god as It can be..,maybe we should let the architectural firms
decide If they are qualified to do job or not and not have us decide
and select who to send those letters out to,
McD/ Any other discussion,
Rollcall-
The resolution Is adopted, Horow. and Kubby vOUng no.
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Agonda
Iowa City City Council
Rogular Council Moetlng
Novombor 27, 1990
Pogo 9
ITEM NO. 10 .
ITEM NO. 11 .
'.V)O'~
ITEM NO. 12 .
CONSIDER A RESOLUTION TO AWARD A CONTRACT TO P.E.S,
INCORPORATED FOR THE INSTALLATION OF TWO NEW UNDER.
GROUND FUEL STORAGE TANKS AND REMOVAL OF EXISTING TANKS
AT THE IOWA CITY MUNICIPAL AIRPORT.
Commant: On~ one bid was rocolvod lor this projoct. Slaff bollovos a moro
compotltlve procoss will lead to moro altractlvo bids. This could bo
accompllshod by ro.blddlng this projoctlor tho spring construclJon soason.
Staff \horofore rocommends rojoclJon 01 this bid. The AIrport Commission,
allts Novomber 20 mooUng, also rocommondod roloclJon 01 this bid.
Acllon: ~(lAJthtf J),u6 0
Jh i/ft1/ rr'~ 7?
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSmONS IN
THE RECREATION DIVISION OF THE PARKS AND RECREATION
DEPARTMENT BY ADDING ONE HALF.TlME MAINTENANCE WORKER I
POSmON,
Comment: Tho purpose 01 this action Is 10 onhanco \ho malntonanco offorts '
for tho various City recroatlonal racllltlos. A momorandum Irom \ho Dlroctor
01 Parks and Rocroatlon providing moro detallod Information Is Includod In
Council's agonda packol.
Aellon: /)1/16 / r,(,IJnU
(
~// rIM) A" %
CONSIDER AN ORDINANCE TO PROHIBIT OPEN IlURNINO IN IOWA
CITY. (Firat conalderatlon)
Commonl: This ordlnanco would prohibit opon burning In Iowa City.
exceptions are made lor ceromonlal firos Including bon firos, rubbish firos
to clear dlsastor debris, proscrlbod agricultural burns, training firos,
campfires, and outdoor cooking,
Action: -"6&1/ /J,tlJ t'A t:~A)
.~r ott."'F
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, I 0 pag~ I
McDI Moved by Larson. seconded by Ambr to adopt the resolution We do
have Dick Blum, the chair of the Airport Comm, did want to come and
make a couple of comments on thiS this evening
Dick Blum/ I just want to take a moment to ctartly something, The stall
recommendation and the comment not Withstanding, It's really not the
desire of the Airport Commission to proceed With this project at all
We're not really Interested In having It re-bld, We thought we
Ulought we had an agreement With the Iowa City Flying Service for
the leasing of new fuel tanks and an agreement to change the fuel
flowage fee which Is a use tax which Is Imposed at the airport for fuel
usage, That agreement Is not forthcoming and Mr, Jones tells me that
It Will not be forthcoming, And therefore we really have no way to
!Inance this projecl And rtluctanUy, I guoss, It Is our position that 1;.,&
should lust abandon this plan, I didn't want you to be misled as to
what we're recommending,
Ambr./ Doos that put you out of the fuel business?
Horow/ I don't understand what abandonment means here, because you
have to get rid of these Ullngs,
Blum/ No. We don't have to get rid of them,
Horow/ You don't have to monitor them to make sure they're not being.
Blum/ They're monitored, Mr, Jones has certain responslbtuties he's going to
have to comply With With regard to the tanks which he owns, I really
don't know how he Intends to proceed to do thal We have
responslbtuties In regard to the tank that we own, We know how to
take care of our situation. Our situation Is somewhat dtllerent than
his, We don't have any dllllculty and we Will not have any dtlltculty
In meeting the necessary r&qulrements With regard to the one tank
that we own, It Will be Insured; It Will be monitored, and we are
contldent that we Will maintain that In a proper and appropriate way,
If we canno~ we Will shut that tank down, We don't have any
Incumbency as far as the commission Is concerned to maintain that
tank, As I said, this Is not our preference,
Ambr,/ DIck, let me understand you, are you also monitoring the tanks that
you do not own?
Blum/ No, we are nol We have asked Mr, Jones to provide us With evidence
that he Is properly monitoring those tanks, We have received a report
from them from a certilted monitoring facility In Waterloo The report
shows negative to any contamination of ground water due to fuel
leakage At this point In time, we Will continue to monitor his
monitoring, I guess, Is prObably the best way to put It. We'll ask for
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'10 page 2
topl&S of th~ reports We'll make sure they are done tn a timely
manner. It IS our land and we fool we have both a landlord and a
tlVlt r&Sponslblllty to be sure we are not suddenly confronted With a
situation, But ho's got to take some action before 1992 anyway,
Horow/ DIck, I remember sitting In an Airport Commission meeting When
this was being dlStussed, and as ( r&tall, the Issue was raised, not only
of monitoring the water, but monitoring of the soil as well, Now What
has boon done about the monitoring of the SOil? Whose responSibility
Is It to do It?
Blum/ I don't know It anybody has the legal r&Sponslblllty to do It,
Horow/ And yet we have l&gal r&Sponslblllty, lilt turns out to b&
contaminated, to dig stull up and send It out of our area,
Blum/ Y&S, We may not have to send It out of our area, There's some
llilllcades there-
Horow/ We can't take It at our landllll.
Blum/ We may b& able to take It at the airport There's somt). I don't know
It you're familiar With th~ provisions for being able to spread It out.
We prObably got enough land, Let's hope that never hap~ns,
Horowl Yeah, let's hope It doesn't, but ilthls Is public pro~rty, don't we
have a r&Sponslblllty for this?
B1uml We have responslblUty for It. No question,
Gentry I The responsibility doesn't go away, IWnk what Dick Blum Is talking
about here Is not a total abandonment, but a time to stand back and
re-look at the entire stluation for a period of time and try and. We
had an agrooment With Mr, Jones I mean I sat there at the Airport
lommlsslon and ~ basically redrafled the lease and ho agreed to It
and now he's backed ollfrom that.
Kubby / But the point that Sue's making Is that a soil t&st Is an early
Indication of a leak, not waiting for It to get to groundwater, and so It
might be a good thing, illt's l&gally mandatory or not, to do a soil tes~
to monitor as early detection of a leak,
Blum/ Soil t&sts show some othor things and this is dlftlcult Soil tests Show,
for Instance, some things such as contamination from spillage, And
spillage can have occurred some ~rlod or time, we're not even sure
how long back, You do a soil test and you get a positive, you have
really no way of knOWing It that Is In fact a leak, or whether Ulat's
contamination from spillage,
Kubby I But It you do soil monitoring over time Where there was a n&gative
and now there's a poslUve, you know something hap~ned
Blum/ Yeah, ( think Ulat the SCience of this technology Is depending upon the
ISMITHERI wells and the water testing for that purpose, I don't know
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-\0 page 3
that anybody Is recommending periodic soli t&sting lor that purpose
It's much more dllllcult to do soli t&sts
Kubby II do have one last question though, Is there anything In E K.'s lease
that says that h& Is responsible lor those tanks and lor doing proper
procedures,
B1uml No, there Is nothing In his lease,
Kubby I Are the tanks next to each other PhySically,
Bluml Hls set 01 three are In a luellarm area the sIZe 01 hall 01 this room
The tank that we own Is In an entirely dl/lerent location.
Kubby I SO II there should be some leakage at some point that can be traced
to our tank or his tank, That It the point I'm trying to make,
McDI Any other discussion,
Rollcall.
Roso1ution Is donloo,
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McDI Moved by Ambr" seconded by Larson to adopt the resolution
Discussion,
Kubbyl A permanent employee at twenty hours per week doos get benetlts?
I Right.
Kubby I And doos the $4,406 Include the benetlts,
HelllnglI thtnk
Nov./ That Is just the addition to the budget. He will get Whatever he has
plus $4,000,
Atkins I That Is correct.
Larsonl That's the addition lor the benetlts,
McDI Any other discussion,
Rollcall-
The resolution Is adopted,
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Agonda
Iowa City City Council
RogulOl Council Mooting
Novembor 27, 1990
Page 10
ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING THE CITY CODE BY ADOPTING
A TAP'()N FEE ENABUNG ORDINANCE, AUTHORIZING THE ADOPTION
OF PROJECToSPECIFIC TAP'()N FEE ORDINANCES, AND PROVIDING
SUBSTANTIVE AND PROCEDURAL RULES FOR THE ADOPTION
THEREOF. (Socond conaldoraUon)
Commont: A momo Irom tho City Allornoy and First Asslslanl City Allornoy
was lumlshod with tho agondalor tho Novombor 13, 1990, Councll moetlng.
AclJon: t'AmJ/ ,#tlJ ),tt! f!, {/ II
k f4:1,1 t!N",J- %
ITEM NO. 14 ~ ADJOURNMENT.
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· 13 pag~ I
McD/ Moved by Courtney, seconded by Horow to give Ulls second
consideration l)jscusston
Horowl Last night We discussed In~rting tM W\)rd ~W(fr
Larsonl Public utility
Horow/ Public utility Ins~ad 01 prolect
Nov I Public utilities prOject
Horow/ The ordinance says: An ordinance amending the city
code.."authorlzlng the adoption of project spectllc tap on lee
ordinance, We asked that Where eVer the word project spectllc shows
up that it In~rt the W\)rd utility,
McDI Utility project
Larsonl We wanted to dellne the W\)rd project by saying utility project
rather than just ~wer project
Gentry II would like you to consider, this ordinance that you are talking
about tonight Is only the enabling legislation TM project specillc
ordinances are down the road, If you want to clarlly the project
spectllc language I would say that W\)uld be the time to do it This Is
broad enough to Incorporate all public utilities In terms Of the Intent
clau~,
Larson/l don't think It Is that confusing,
Kubby lIt was certainly very confusing to me,
McDI That can be handled at the appropriate time, As long It can be handled
at the appropriate time
Gentry II think Ulat Is What I would call a scrivener amendment Ulat can be
changed. We can do It by Ule next consideration, If Ulat is
appropriate wlUlthe council,
Kubby/l would like to, It feels Ulat we should make Ule umbrella ordinance
have Ule language be consistent to be What we want It to be, If We
can do Ulls at 1M next reading becau~ It has no change In meaning of
Ule ordinance, I would prefer to do It wlUl Ulls one and not walt to
Ule smaller speclllc ordinance,
Gentryl Section 1. deals wlUl the extension of pUblic utility service, It
repeatedly refers to public utillties....Jt Is broad enough to do What we
want It to do,
Horow./ If Ulls is broad enough lor What we want to do, As long as there Is a
way to make It more speclllc as subsequent ordinances come along,
Then I am satislled,
Gentry I Yes,
Horow./ That wasn't In Ule discussion last night
Gentry I We didn't dtllerential& between project Sp&CIllc ordinances that
were down Ule road and Ulis enabling legislation. Your right
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-13 page 2
Horow/ Let's leave this as broad as It Is knowing that further future
ordinances will be more specltlc,
McD/ Rollcall.
Second consIderation Is approved,
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City 01 Iowa City
MEMORANDUM
DA T E: November 21, 1990
TO: City Counctl
FROM: City Manager
RE: Informal Agendas and Meeting Schsdule
November 22. 1990
THANKSGIVING DAY . CITY OFfICES CLOSED
Thursday
November 23, 1990
HOLIDAY . CITY OFfICES CLOSED
f r I day
November 26, 1990
6:30 . B:30 P.M.
6:30 P.M.
7:00 P.M.
7:10 P.M.
7:30 P.M.
7:50 P.M.
8:10 P.M.
B:20, P.M.
Council Chambers
. Executtve Session (Collective Bargalntng and Pending
Litigation)
. Revtew zontng mattsrs
. Tap'On fses Ordinance
. Ctgarette Vending Machlnss/Sales to ~Inors
. Architectural Services
. Open Burning Prohibltton
. Council agenda, Council tims, Council commtttee reports
MondlY
November 27, 1990
7:30 P.M. . Regular Council Meeting' Council Chambers
Decembar 10, 1990
6:30 . 8:30 P.M.
Tuesday
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Council Chambers
Informal Council Heeting . Agenda Pondlng
Monday
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Tuesday I
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December 11, 1990
7:00 P.M. . Regular Counctl Meeting' Council Chambers
PENDING LIST
Stormwater Management Review
Sales/Solicitation on ctty Plaza
Appointment to Mayor's Youth Employment Board, January B, 1991
'1 : I '~f ',-, ~I
ICC~1TI~IE/T APE FORM FOR II II).. 7/ r; ()
Srll~ r 17IP( ":?J2- ' I
AGENDA TIME Sublect COMMENTS
1 II.m 1 1:2" ~"'1"'1) .lB:.f'. g, / T:l 0 u. C f\ II- 1:"('J
2 lIem2 '1 ''a,'C 1I'1^l/n/oo!.~ ~"~O(U,,'\l/\rtO^,:; 7 '.
.
3 lIem3 '1':1.. ..... c,r","f' ('I'tl..(fJD."/,,- ': ~
4 lIem ~ .. ':>. ~~INNIN ~ I "J-01JIN~ !J\#tT7t f<.S . 7:'.l'
5 ItemS . " (/..-IC D,2 n.fSt:.. HlilJ :5
~
6 lI.m6 ~'.lI1 if {"rrl A r'1I' I. } r II. A ", .., r'iil7c:. , : IU
7 II.m 7 '1(' ,)(', ;1/,,,, I"{'J(,(^,~(L IAJ~rrA"'JnJ.) ~: IE;"
8 II.m8 ,':}~. 1'.11"4 tVJ.....A ILI,&-~~ I 11,/'1'/ ~Imp 1z"1 " '';I
9 lI.m9 ~"l.l I,.. I f)~~ J '/,1",(1.,,0. ~ ltJf;f:.. j. e, .,. ,1 D f) .,. (]A) .'
, :I .
10 Item 10 ~, If 3 'M~ STl'.bAlT1<. ~ e't II I!/ IIt/IA/. ;;"'01 IT fl:~(
II Ilem 11 :5~ VlOAl '(SJ I.'II.......;,t' rr 0 rnr.rrirJAl L'Il.J/d; ,I ~ ' VI II ~M
,
12 lI.m 12 . ~y f1ION fJR/), ",n."r!J./7/A I&- "..... 1 J.1JI,'AIW.~- IAJ - ~:4i
13 It.m 13 I ~:C III N ORe . I1MlN/.I,A 6: I'/Ir, "(1Jr' /7/1,... ",I tn ~S'
14 lI.m 1~ CJ:t?' , II "11M J /J. ^- \ ^\t:A I .,- ~:(
15 lIem 15
16 lI.m 16
17 Ilem 11
18 lIem 18
19 Item 19
20 lI.m20
21 Ilem
22 lIem
23 lI.m
24 lIem
25 3/4' tap~:'1 ," '3 "4
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26 1/2' tape :'1 '2 '3
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