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HomeMy WebLinkAbout1988-02-23 Council minutesCity Council Budget Review Session February 2, 1988 CITY COUNCIL BUDGET SESSION: February 2, 1988 at 6:35 p.m. in the Council Chambers. Mayor John McDonald presiding. COUNCIL PRESENT: Larson, Horowitz, Ambrisco, McDonald, Courtney, Dickson. COUNCIL ABSENT: Strait. STAFF PRESENT: Atkins, Karr, Kimble, Vitosh, Penney, Melling, Timmins. TAPE RECORDING: Reel 88-11, Side 1, 1 -End, Side 2, 1 -End; Reel 88-12, Side 1, 1 -End, Side 2, 1-115. Council briefly discussed the seating and table arrangement used during informal Council discussions. McDonald explained Council is scheduled to set public hearing on the budget February 9 and hold that public hearing February 23, 1988. CITY FINANCIAL SUPPPORT - AID TO AGENCIES: McDonald stated Council received information regarding Aid to Agencies. McDonald explained he and Dickson met with County and United Way represen- tatives to discuss the budget and are recommending the City budget $207,500 for Aid to Agencies. In response to Ambrisco, Penney stated $195,509 was budgeted for the current year. Penney explained the Domestic Violence Project requested additional funds to increase their child worker from a half time position to a full time position. Penney noted the Domestic Violence Project shelter houses an average of 11 children per day who need services and supervision. In response to Courtney, Penney stated the Emergency Shelter grant monies are restricted to shelter based services such as carpeting, kitchen ventilation and utility bills. Penney stated additional funding is recommended for Willow Creek to establish services at Cedarwood; by utilizing Willow Creek, needed services could be offered to Cedarwood without creating a new administrative structure; and increased child abuse reports and police calls have demonstrated a need for human services in that area. Penney said the joint committee on human service funding will approach Cedarwood owners requesting them to participate in the funding of the outreach worker position and to contribute office space for the outreach worker. In response to Ambrisco, Atkins said the recommendation to increase the Aid to Agencies budget by approximately $4,000 could be funded out of the City's contingency fund and the two projected years could be adjusted accordingly. In response to Ambrisco, McDonald said the recommended level of funding to MECCA was restored to $10,000. Horowitz inquired about the emergency shelter funding. Penney explained the City has had a policy the last few years to not fund new agencies and has been able to obtain emergency shelter grant monies for DVP and Emergency Housing Shelter. Penney stated 15% of the Emergency Shelter grant can be used for salaries. Courtney asked why the City's portion of funding to MECCA was increased from the recommended $9,000 to $10,000. McDonald explained $10,000 was recommended because of the work MECCA has done in the community. Courtney inquired about the agency rankings and importance of services. Penney stated several factors and questions, such as how important local funding is to the agency, are considered and the rankings are a measurement among high quality services. Budget Review Session February 2, 1488 Page 2 As an example, Penney explained school children aid program is admini- stered by two school nurses and the money is used to fund identified needs of school children. Penney said there is no paid staff in that program and, therefore, the program is ranked very high. Penney stated the agencies' budgets are scrutinized and there is tremendous intra -agency cooperation. Horowitz asked if the University contributed to the geriatric dental program. Penney explained the geriatric dental program is funded locally by United Way and the University offers a student rate and eliminates any year end negative balances. Penney stated the University contributes space to the Rape Victim Advocacy program and several agencies get some monies from student senate. Council accepted the recommendations as proposed. POLICE ACCREDITATION: Horowitz said the accreditation process would increase self esteem in the Police Department. Larson suggested deferring funding until next year. Councilmembers discussed the need for accreditation. ATkins said he would prepare background information about the accreditation process. Ambrisco asked if there may be funds like the Exxon overcharge money available to Police Departments for accreditation programs. HOUSING INSPECTOR gam: Atkins said a number of issues have been raised about the Housing Inspec- tion program. The City received a letter from the apartment association requesting a three to four year inspection cycle. If Council did not fill the Housing Inspector position the two year inspection cycle would need to be changed, and the tenants association has not been contacted. Atkins said compliance is a critical issue and that safe, sanitary, decent housing is a major community goal. Ambrisco complained about the system of enforcement for different levels of housing violations. Courtney stated the timeframe for reinspections should be changed. Atkins noted Code that Iowa City has an excellent compliance with respect to the Housing d housing stock c but expanding the tax ba es. asIn responseeans ofnto LarsonmpAtkins Ambrisco said the City can perform a reasonable housing program with current staff. efficiencies gbesd veloped inted that ethat sdepartmeition nthelAtkinsastated hisddepart- ment could be included in this year's program analysis policy. Council - members discussed the need for the Housing Inspector position. Council agreed to not fill the position at this time. SENIOR Atkins stated that Strait raised concerns that there are few programs scheduled in the late afternoons at the Senior Center. McDonald said that Strait wanted to discuss programming to increase use of the Senior Center. Atkins explained that the Senior Center is studying the possibility of using University work study program to provide additional service needs. minjstration. Council gr edstthat Position workmastud quire additional ad. pursued. Y position should be Budget Review Session Feourary 2, 1988 Page 3 CIVIC CENTER ELEVATOR: Atkins stated that it would cost an estimated $50,000 to install a small lift. Vitosh explained that the lift would make the men's restroom accessible but not the women's and the west side of the building/Police station would not be accessible. Atkins stated that he has reviewed the original Civic Center renovation plan and there are far less expensive alternatives to the original $4 million plan. Atkins said he could develop a list of issues to address the Civic Center redesign. In response to Ambrisco, Timmins stated accessibility would be required if the building is remodeled. Council agreed that $50,000 should not be spent on a Civic Center lift. Atkins said that he will prepare an outline addressing Civic Center redesign. ANIMAL CONTROL VACANCY: McDonald asked if it was necessary to fill the open position prior to the opening of the new facility. Atkins said no. Atkins said the part-time employees could be utilized to do routine tasks at the facility. TRANSIT SUBSIDY/EQUIPMENT REPLACEMENT RESERVE• Atkins stated the transit subsidy includes $75,000 for bus replacement program. The assumption is being made that the City would set aside $75,000 annually to replace two buses. Horowitz stated the decision needs to be made whether to continue support of the bus system. Larson stated it is the responsibility of the City to maintain a bus system. Council - members discussed the bus system. Courtney requested studies done on specific bus routes including ridership figures. Horowitz stated that other strategies should be developed. McDonald said a new review of the bus system could be initiated. In response to Larson, Atkins stated that $10,000 to $12,000 is being spent on advertising. There are plans to locate a new kiosk with transit information at Old Capitol Mall. Council - members agreed to not budget $75,000 in the bus replacement reserve fund this year. EQUIPMENT REPLACEMENT RESERVE - FIR Atkins stated that a fire engine/pumper truck needs to be replaced in three years. Vitosh stated the Fire Department has established a 15 -year equipment replacement schedule. Vitosh stated the replacement schedule is longer than industry standards. Council and staff discussed repair of the fire equipment. Vitosh noted that some parts are obsolete and cannot be obtained. Atkins stated that some type of depreciation for fire equipment is needed. Council agreed to fund the equipment replacement reserve: $50,000 in FY89, $75,000 in FY90 and $80,000 in FY91. REPAYMENT OF LOANS FROM RESERVES: Council agreed to the schedule for repayment of loans from the reserves except for the Recreation fund. Council agreed the loan should not be repaid to the Recreation fund in FY89. Budget Review Session February 2, 1988 Page 4 Atkins reported the new tax valuations generated an additional $21,000 in revenues. Atkins summarized that the Council decided to reduce the budget as follows: Police accreditation- Transit equipment replacement _ $12+000 $75,000 Fire equipment replacement - Recreation facility $20,000 $12,000 Atkins said $4,000 for increased funding to Aid to Agencies would come from the contingency fund. LIBRARY INCREASED STAFFING: McDonald stated the Library has requested additional staff. Councilmem- bers discussed support for additional library staff. Horowitz said that she has problems with increasing staffing without considering a retraining program for staff that are laid off. Horowitz said that she would like to see a commitment by the City to retraining and suggested a matching fund Program with AFSCME labor unionIn response to Horowitz, Atkins said the same way two and one-half positions are added to the Library, the six Positions are being reduced and are not budgeted for in future years. Dickson said some of the positions were reduced because of the local option tax did not pass. Atkins stated that recommendations made regard- ing staff reductions were made because there was not the work for those Positions. Karen Kubby noted Council's good discussion could be attributed to the seating arrangement. REDUCTION IN STREET OVERLAY- McDonald VER Av McDonald said the street overlay program has helped to maintain streets in Iowa City. Atkins said the State Legislature is giving serious considera- tion to a gas tax increase and those monies could be used for the streets program. Ambrisco reported the 400 block of N. Governor needed street repair. Council agreed with the proposed reduction in the street overlay program. TELECOMMUNICATIONS COMMISSION IEGAL FEES Council turned down Telecommunications Commission's request to use the City's general fund to pay legal fees from the Heritage Cable lawsuit. IS USSIO : Atkins said the budget changes decided upon by Council would reduce the property tax rate increase from 7.9% to 7.1%, change the next twoyears to 1.5% and 2.6%, and change the annualized amount over the three years to 3.8%. In response to Horowitz, Atkins said administrative salaries are reviewed annually. Larson clarified that he will support the proposed $20,000 for administrative salary increases but will study those raises when the Budget Review Session February 2, 1988 Page 5 salary increase decisions are made. In response to Larson, Vitosh explained the repayment of the swimming pool bond issue occurred this fiscal year and increases in the swimming pool operating costs are budgeted for in FY89. Vitosh said if the swimming pool bond issue would have failed, in FY88 there would have been a 6% increase in property tax instead of an 11.3% and property tax would be reduced by 1% in FY89. McDonald said a County wide hazardous material committee is being formed and are considering developing their own budget. That committee would then levy all towns $.25 per person. Atkins stated he would obtain more information about those plans being developed by the County. In response to Ambrisco, Atkins said not many service clubs have requested information relating to the proposed budget. Larson inquired about the pure fund balance. Atkins said the balance is maintained at approximately BY of estimated expenditures, $1.4 million. In response to Larson, Vitosh explained that as soon as the notice for the public hearing is published, the property tax levy and expenditure budget cannot be increased unless there is a republishing and a second hearing. Vitosh said the property tax levy and expenditures can be reduced but not increased. Vitosh said the City's budget needs to be certified to the State by March 15, 1988. The schedule allows Council to hold the public hearing on February 23, 1988 and Council will consider the budget for approval on March 8, 1988. Horowitz asked Council to consider a request to the Personnel Department to address the retraining program. Meeting adjourned at 9:05 PM. I Joint City Council -Johnson County Board of Supervisors February 4, 1988 Joint City Council -Johnson County Board of Supervisors Meeting: February 4, 1988, 5:10 p.m. in the Iowa City Johnson County Senior Genter. Mayor John McDonald presiding. City Council: McDonald, Horowitz, Courtney, Ambrisco, Larson, Dickson. Absent: Strait. Johnson County Board of Supervisors: Sehr, Donnelly, Myers, Ockenfels, Burns. Iowa City Staff: Atkins, Helling, Karr, Smith, Timmins, Franklin. Johnson County Staff: Peters, Lilledahl. Tape-recording: Reel 88-12, Side 2, 115 -End; Reel 88-13, Side 1, 1-408. ZONING ISSUES: Johnson County Ambulance Service (808 S. Dubuque) McDonald stated a public hearing and first consideration are scheduled Febru- ary 9, 1988, for rezoning the property. Ambrisco raised concerns that the local media had stated Iowa City was deliberately delaying the rezoning process. Ambrisco emphasized that the City did not delay that process and said it is City Council and Planning and Zoning Commission policy to not waive readings on rezonings. Sehr said the Board of Supervisors originally thought the property did not have to be rezoned. Horowitz stated there is a need for City and County zoning staffs to work more closely. SEWER TREATMENT PLANT: Ockenfels asked the City Council to hold meetings and a public hearing for people concerned about the proposed location of the sewage treatment plant. Atkins explained he appeared before the DNR enforcement staff to present a response to a letter indicating Iowa City was in non-compliance with an administrative order. The administrative order requires Iowa City to meet certain dates relating to the construction of the sewage treatment plant. Atkins said DNR will pursue a court consent decree where Iowa City will have to submit dates certain with respect to the construction schedule. Atkins said Iowa City staff is to appear before the DNR Commission on February 16, 1988. McDonald said the City has three options and needs to make a decision soon. Ockenfels said public meetings are needed because there has been a lack of information and a lot of misinformation. Courtney emphasized the importance of the new sewage treatment facility to residents living on the east side of Iowa City. Donnelly raised objections to the proposed location of the sewage treatment plant. Atkins noted that the site must meet ONR approval. In response to Larson, Sehr explained the County rezoned property to allow a a E2 -E3 million golfcourse and the County may be involved in litigation if they rezoned property to allow for a sewage treatment facility next to that golfcourse. Burns said the County would be ready to consider rezoning the property if the City could cane to some agreement with persons affected by the proposed location of the sewage treatment facility. Myers said the area would be changed permanently by the sewage treatment facility MINUTES JOINT CITY COUNCIL -JOHNSON COUNTY BOARD OF SUPERVISORS FEBRUARY 4, 1988 PAGE 2 and special accommodations and considerations should be made. Myers said other sites and an exit south onto the KCJJ road should be considered. Courtney said the City considered several road options. The County Board of Supervisors and the City Council discussed concerns regarding the proposed sewage treatment facility location. Sehr stated concerns that the City's agricultural easement is not wide enough to provide sufficient access. Larson said the City Council is not qualified to make a legal judgment relat- ing to the inverse condemnation suit. Members of the Board of Supervisors raised concerns that the proposed sewage treatment facility would have odor problems similar to the Cedar Rapids facility. Courtney asked why the County has never voted on the rezoning issue. Sehr stated the Board of Supervisors were waiting for the Council to resolve issues relating to the sewage treat- ment facility. The Board of Supervisors and City Council continued discus- sions about the sewage treatment facility. McDonald stated Council has tried to minimize the impact of the sewage treatment facility to the area. McDonald stated that plant relocation would involve a costly and time-consum- ing redesign. LOCAL OPTION SALES TAX ELECTION BILL: Ambrisco reported that in a telephone conversation with the Dubuque County Auditor, he was told that the County pays for the cost of the County elec- tion, the City pays for the cost of a City-wide election, School District pays for the cost of a School District -wide election. Ambrisco stated that the Dubuque County is going to pay for the recent local option sales tax election. Donnelly disagreed and said the Dubuque City Council will pay the election costs. In response to Larson, members of the Board of Supervisors said that it is the County's position that the City should pay for the local option sales tax election. Myers noted that small towns cannot afford the election costs. Sehr said that the City has a moral obligation to pay the election costs. Council and the Board of Supervisors discussed the need for legislative changes relating to the payment of election costs. McDonald stated that he and Sehr have discussed the possibility of a compromise. County Attorney Patrick White stated that if the City and County are willing to compromise, he is willing to meet with City Attorney Timmins to work out elements of a compromise. McDonald stated that he will meet with Sehr to work on the compromise. Ambrisco stated the League of Municipalities should address this issue. URBAN FRINGE AGREEMENT: Franklin explained that there is a subdivision in a part of Area 4, west of Highway 1, and the subdivision is contrary to the Area 4 Agreement. Franklin said the Planning and Zoning Commission would like the Urban Fringe Committee to reconvene to discuss the area. McDonald agreed that the Urban Fringe Committee meeting be scheduled. In response to McDonald, Franklin stated Area 6 will need to be addressed once the sewer plant issue is resolved. MINUTES JOINT CITY COUNCIL -JOHNSON COUNTY BOARD OF SUPERVISORS FEBRUARY 4, 1988 PAGE 3 ITICYdyINip, 1701K Myers stated that a change in State law allows for joint investment of mu- nicipal and County funds. Atkins explained the City is already involved with a new investment trust. Atkins stated hewill forward information regarding that trust to the County. The meeting adjourned at 6:15 p.m. Y Informal Council Discussion February 15, 1988 Informal Council Discussion: February 15, 1988, at 5:10 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Ambrisco, Strait, Courtney, Larson, Horowitz, Dickson, Staff Present: Atkins, Helling, Timmins, Karr, Smith, Schmadeke. Others Present: Robert Bening, Terry Krause, Leslie Forestier, represen- tatives of Metcalf & Eddy Tape-recording: Reel 88-13, Side 1, 408 -End, Side 2, 1 -End; Reel 88-15, Side 1, 1 -End, Side 2, 726-467. McDonald stated Mr. Robert Bening, President of Metcalf & Eddy, asked for the opportunity to meet with Councilmembers to discuss the status of the proposed wastewater treatment facilities. Bening introduced Terry Krause, Metcalf & Eddy Vice -President, and Leslie Forestier, Metcalf & Eddy Administrative Assistant. Benning said Metcalf & Eddy has designed over 400 wastewater treatment plants and has never received technical problems relating to the process design of any of those plants. Bening distributed a hand-out, Status Re ort and Discussion of Options for Completion of Wastewater Faci ies mprovemen ro ramIowa Cit Iowa, presented to Mayor John McDonald and members of the City ounce y Robert G. Bening, Metcalf & Eddy, Inc. 15 February 1988. Bening read the hand-out and made additional comments as follows: OVERVIEW. Bening said the discussion will include items listed in the overview. Bening noted that he is unaware of any situation where a plant has undertaken a terminated contract at this stage of development. METCALF & EDDY GOAL. Bening said the goal is to be in business to support the client and to deliver the design and construction of high quality, on-time wastewater facility improvements within the budgeted amount that the City has available. Bening said Metcalf & Eddy has many clients faced with situations similar to Iowa City relating to compliance problems. THE SITUATION TODAY. Bening said a number of issues have not been dealt with propery or effectively. Bening stated he would take full responsi- bility for those problems. Courtney clarified Council has not approved termination of the contract. DESIGN STATUS. Bening said there have been lengthy and detailed discus- sions and meetings to review features of the design. Bening said Metcalf & Eddy has looked at the scope and ways to manage the process to maximize the product within the City's budgetary ceiling. IOWA CITY PROGRAM STATEMENT. Bening summarized the status of the design inc u ng ma or ntercep ors, relief interceptors, south wastewater treat- ment plant, and north wastewater treatment plant. Bening stated that the drawings for the major interceptors are 95% complete, the specifications W INFORMAL COUNCIL DISCUSSION FEBRUARY 15, 1988 PAGE 2 for the interceptors have been outlined and the design has been completed for the south and north wastewater treatment plants. Bening said that soil borings have not been done and recommended that soil borings be included in the bid documents. Bening said that the issues that remain are obtaining easements and the south wastewater treatment plant site location problem. ESTIMATED CONSTRUCTION COST. Bening emphasized that the cost estimates are only estimates. Bening reviewed the cost estimate history of the project as outlined in the report. Bening explained that Metcalf & Eddy evaluated wage rate determinates and information based on bidding in Des Moines. ORIGINAL PROGRAM ESTIMATES. Bening stated that the job needs to be struc- tured to meet requirements and completed within the budget. CURRENT CONSTRUCTION PROGRAM ESTIMATES. Bening reviewed baseline esti- mates, cost reduction estimates, and alternative scope cost estimates. Bening said there was probably some over -estimating. Bening asked Councilmembers to set the cost estimating issue aside. OVERALL PROJECT SCHEDULE. Bening note that the critical date for the north plant compliance work is July 1, 1988. Bening stated that he be- lieves that if work is started on the wastewater treatment plant, the compliance date will be extended. Bening reviewed the design and con- struction schedule as outlined in the report. Bening stated that it will take an estimated 18 months to construct both wastewater treatment plants. OPTIONS AVAILABLE TO THE CITY. Bening stated that he has never seen a contract successfully terminated for default. ANALYSIS OF OPTIONS A B C D, AND E. In response to Horowitz, Bening explained that if there are any errors, omissions or design deficiencies in any of the design documents, Metcalf & Eddy is liable to make good on those documents. In response to Bening, Timmins stated that there is a liability chain. Bening stated that Metcalf & Eddy will not guarantee a construction price. Bening said that in each construction packet there are things that could be set up as options and as additive or deductive bid items. In response to Courtney, Bening said Section 12 provides for a termination of convenience. Timmins said that Section 12 is a simple contract provision that allows either party to terminate on 30 days notice and leaves both parties without any further obligation or recourse against the other party. Timmins explained that the City is currently following a common law procedure where the City is alleging a default and demanding a cure. If the cure is not forthcoming, the City will terminate the con- tract for cause. RECOMMENDED APPROACH. Bening emphasized that Metcalf & Eddy has not had any problems in their wastewater work anywhere that arrives from technical shortcomings. INFORMAL COUNCIL DISCUSSION FEBRUARY 15, 1988 PAGE 3 PROPOSED PAYMENT SCHEDULE. Bening said all of Metcalf & Eddy's contracts include a provision or condition precedent to payment - client pays us and we will pay the subcontractor within seven days. Bening said Metcalf & Eddy owes local subcontractors approximately $157,000 for work that has been completed. Bening said at the time Metcalf & Eddy delivers docu- ments, Metcalf & Eddy would request payment on the subcontractor balance. Bening stated Metcalf & Eddy is willing to wait for payment of the remain- ing balance until contracts have been successfully awarded. Bening as- sured Councilmembers that they can call him whenever there is a problem and gave a personal commitment to manage solutions. DISCUSSION: Atkins said there appears to be a change in attitude by Metcalf & Eddy. Atkins said the City has never had a major complaint about the design of the wastewater treatment facilities other than the City cannot afford it. Atkins stated that if Council accepts the recommendation presented by Metcalf & Eddy, the City would be approximately $7 million short with respect to capital financing. Atkins said the City had contracted for $800,000 in program management, the City has spent $300,000, and the City is not getting their money's worth from Metcalf & Eddy. Bening replied that there has been too much verbal communication and too little effective interchange in the planning and approval process. Bening stated that there has been a lack of overall project documentation. Bening said that Metcalf & Eddy will work to put discipline back into the system. Timmins stated there has been an admission of mismanagement and that mismanagement has delayed the project and will likely result in DNR fines. Timmins said the City does not feel the project management fee that has been charged has been earned. Timmins reported the DNR is asking for a $10,000 fine up front for delays incurred to date and the City may face other fines. Bening said it is not good to conjecture about something that has not happened. Bening stated that if there is a demonstrable movement by the City in the execution of the wastewater treatment plant, there may well not be problems with the DNR. Larson asked if Metcalf & Eddy intends to change personnel on the project and if there is a delay in the payment schedule. Bening stated that he is willing to insure that a team will be in place that everyone can work with. Bening said that he will deliver the work for a guaranteed maximum price. Timmins asked if there could be a contract addendum setting a new payment schedule and a new course of action. Larson stated the City Council would be hard pressed to not follow the City Manager's recommenda- tion, McDonald stated that Council sets policy but does rely on staff expertise. Strait suggested receiving input from City staff and Dick Gibson. In response to Dickson, Schmadeke stated that he has not had problems with the design except for the cost overruns. Atkins stated the basic issue is that the city has a financing plan in place, a rate struc- ture has been developed and now there is a $7 million cost overrun. Atkins stated that he no longer has confidence in Metcalf & Eddy. Atkins emphasized that the City does not have $36 million to spend on the waste- water treatment project. INFORMAL COUNCIL DISCUSSION FEBRUARY 15, 1988 PAGE 4 Courtney inquired about initial guarantees of local personnel to oversee the project. Atkins related examples of problems involving the receipt of a Metcalf & Eddy bill for $800,000 of new cost and the changing of design figures for the south wastewater treatment plant after they were presented to the DNR. Ambrisco reviewed the City's use of a blue ribbon committee, key finance staff and a presentation to Moody's. Ambrisco asked what the City should have done differently. Bening stated that work was not done well by all parties involved. Bening asked the City to put one person in charge of the project who can make decisions. Courtney said the City Manager was hired to be in charge. Bening and Councilmembers discussed construction cost estimations. In response to Courtney, Bening said if Iowa City retained a new engineering firm, the other firm would need to review the entire project to insure it is technically correct. Courtney asked if Metcalf & Eddy would assign a local representative. Bening said he would assign Bob Severance to the project. Courtney raised concerns regarding the recommendation to reduce the size of pipes to be installed in the east side of Iowa City. Bening said alternatives should be studied where there is substantial future capacity in the design. In response to Strait, Bening said there is a lot of future capacity in some of the sewers and interceptors and the City should consider if 20 year, 50 year or greater design is needed. Schmadeke stated pipe depth needs to be considered and a 50 year or 100 year minimum should be looked at. Bening said it would be better for the City to lay out the interceptor system to allow use of gravity. Strait asked what Metcalf & Eddy is prepared to do for the City. Bening said he will assign Terry Krause to oversee the project, place Bob Severance in Iowa City to work on the project, and give the name of their Des Moines client to allow Iowa City to do reference checks on Metcalf & Eddy personnel. Dickson asked if Metcalf & Eddy is willing to pay DNR fines incurred by Iowa City. Bening said Metcalf & Eddy is unwilling to commit to paying fines. In response to Timmins, Bening said Metcalf & Eddy will not ask for any future design fees over and above what is re- flected in the current contract. Timmins asked about future project management fees. Bening said that fees are outlined in the hand-out and include a pro rata amount of the project management fee. Bening stated that one of the contractual commitments is to obtain the permit from the DNR. In response to Timmins, Atkins explained the City has spent $340,000 in project management fees and approximately $500,000 has not been paid. Atkins emphasized the City budgeted $30 million for the project and the current proposed cost is $36 million. In response to Courtney, Atkins stated that there appears to be reductions with respect to the original intent of the project as well as in neighborhood sewer design. Bening recommended bidding the north and south wastewater treatment plants as designed but include alternatives. Bening explained the $36 million is based on some reduction in the pipe sizing but still with substantial future capacity. Bening emphasized the cost figures are only estimates. In response to Courtney, Bening stated that Metcalf & Eddy is involved in projects that are user fee financed. Horowitz said that the contract should be followed point -by -point and an addendum to the contract is needed. V P INFORMAL COUNCIL DISCUSSION FEBRUARY 15, 1988 PAGE 5 Atkins stated that nothing should be done until a contract addendum is prepared, the contract addendum should remove the City from the construc- tion management responsibilities, and the money that the City has not spent to date should remain the City's. McDonald stated that the Council will hold discussion shortly. Timmins stated that he would be able to present a contract addendum within two weeks. Council directed Timmins to prepare the contract addendum. McDonald thanked Mr. Bening for his presentation. The meeting adjourned at 7:10 p.m. Y OFFICIAL COLd1CIL ACTIONS - 2/9/88 The cost of publishing the following Proceed- ings and claims is $ . Cumulative cost for this calendar year for said publication is S Iowa City Council, reg. ntg., 2r9y83, 7:30 pm. at the Civic Center. Mayor McDonald presiding. Councilmmbers present: Arbrisco, Courtney, Dickson, Larson, McDonald. Absent: Horowitz, Strait. The Mayor presented appreciation plaques to former Mayor and present Councilnerber Bill A ISCD and former Cocncilnmbers Ernie Zuber and Larry Baker. The Mayor proclaimed February 15-19, 1983, as SERTCHA'S FREEDOM WEEK. Moved and seconded that the following item and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 1/26/83, as published, subject to correction, as recomerrded by the City Clerk. Minutes of Boards and Commissions: P&Z Cam. - 1/20/83; Housing Comm. - 1/12/88. Permit Motions and Resolutions: Class C Liquor License for Bo -James, 118 E. Washington Street. Class E Beer Permit for Hy -Vee Food Store #1, 501 Hollymod Blvd. Class E Liquor License for Fry -Vee Food Store #1, 501 Ebllyvmd Blvd. Class E Liquor License for Osco Dog Store #448, 201 S. Clinton. Class E Liquor License for Drgtom #1, 521 Hollywood Blvd. Class C Liquor License for Mike's Tap, 122 Wright Street. Class E Beer Permit for Hy -Vee Food Store #3 & Drugtom #2, 12D1-1221 N. Dote Street. Class C Liquor License for R.T.'s, W6 S. Clinton Street. RES. 86-20, ISSUING A DANCING PERMIT. Class E Beer Permit for Drugtown #1, 521 Hollywood Blvd. Class E Liquor License for Ecornofoods #473, 1987 Broadrway. Class E Beer Permit for Hy -Vee Food Store #2, 310 N. First Avenue. Class E Liquor License for W -Vee Food Store #2, 310 N. First Avenue. Class E Liquor License for Walgreens, 1646 Sycamore. Class E Beer Permit for QuikTrip #509, 323 E. Burlington. Resolutions: RES. 83-21, APPROVING SUPPL64M 34 To THE CODE OF CROINANCES OF THE CITY OF IOWA CITY, IU A. RES. 88-22, ESTABLISHING POLICY FOR MICROFILMING AND DESIRICTION OF RECOfO6 AND OOC11 MS IN THE CITY CLERC'S OFFICE. Setting Public Hearings: RES. 88-23, M SETTING A PUBLIC HEARING ON 2/23/88, ON THE WDGET ESTIMATE FOR THE FISCAL. YEAR 7/1/86, Official Actions February 9, 1988 Page 2 THM 6/30/89, AND THE HOSED THREE-YEAR FINANCIAL PLAN WHICH INCLUDES THE CAPITAL IM%VD0ffS PROGM FOR FISCAL YEARS 1989- 1991. Correspondence: Barbara Wagner, whose tern on the Historic Preservation Ccnmission will end 3/29/88. Johnson County Emergency Ambulance Service requesting expedited action on the rezoning of 808 South Dubuque. giro from the Traffic Ergr. regarding parking prohibition on the Nest side of Benton Court between Benton Street aid the North end of Benton Court. The Mayor declared the notion carried. A public hearing was held on an ordinance to rezone Lots 20, 21, 50-54 Bailey and &rJPs Addition and the former Hmerd Street right-of-way, property on Highrgy 1 lost, formerly owned by the Ioa Deparbrent of Transportation, fron IU and P to CI - 1. Moved and seconded that the ordinance to aloe Lots 20, 21, 50-54 Bailey and Beck's Addition and the former Hmerd Street right-of-way, property on Highway I Vest formerly mored by the Iaa Dgmrtmemt of Transportation, from RS -8 and P to CI -1, be giver first vote for passage. The Mayor declared the motion carried. A public hearing was held on an amendment to the Zoning Ordinance to permit canopies over gas pumps in the required front yard. A public hearing was held on an ordinance to rezone property located at 808 South Wxxlue Street from CI -1 to P. fled and seconded that the ordinance to rezone property located at 808 South Dubuque Street from CI -1 to P, be given first vote for passage. The Mayor declared the motion carried. Moved and seconded that the ordinance to amend portions of the Zoning Ordinance regarding off- street parkirg requirements, be given second vote for passage. The Mayor declared the notion catrial. Moved and seconded that the ordinance to ram 84.73 acres knm as Southwest Estates from ID -RS, Interim Development,/Single-Family Residential, and RR -1, Rural Residential, to RS -5, Law Density Single -Family Residential, subject to corditions, be given second vote for passage. The Mayor declared the notion carried. A public hearing was held on an application far 62 Units Section 8 Existing Ibusirg Units (Vouchers or Certificates) and Requesting Funds. The Mayor announced the following vacancies: Housing Comm. - two vacancies for three-year term ending 5/1/91; P8Z Cann. - two vacancies for five- official Actions February 9, 1986 Page 3 year terms ending 5/1/93. Council agreed to cancel the meeting of 3/22. These appoinbrents will be made at the 4/5/88 meeting of the City Council. The City Mgr. noted that Council had requested more information re the Huy. 6 By-pass signalitation project. Ban C,unmings, Johnson, Bridell, Mnlcaty & Associates, Inc., outlined the study and the proposed system. Council directed staff to proceed with the system. City Atty. Timmns outlined individual re4rsts from AT&T and the University of Iowa to install utilities in City streets. Council directed the City Attorney to pursue a policy charging $100-5500 per year per crossing for AT&T and to do,elop a firm of tauporary licensing agrearent with the University and bring back to Council. Glenn Boutelle, Univer- sity Utilities Division, appeared. Moved and seconded to endorse the 19M Legisla- tive Priorities of the IaA Public Transit Associa- tion, as outlined. The Mayor declared the motion carried. Moved and seconded to adopt RES. 88-24, AUTHORIZING THE MAYOR TO SIM AN APPLICATION TO THE STATE OF IOWA OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVEIR M GRANT. Moved and seconded to adopt RES. 88-25, AUT oRIZING THE EXECUUTICN OF METDATORY AGREEMENT NO. 1 TO CONSOLIDATED AN.AL CONTRIBUTIONS CONTRACT FOR PUBLIC HOUSING. Moved and secorded to adopt RES. 8B-26, AIIDRIZING PAD DIRECTING 11E SOLICITATICN OF O[M PMD RECEIPT OF BIDS TO PURCHASE CERTAIN LAD FOR PRIVATE REDEVELOPMENT, IQJ><,MN AS PARCEL B, CMD D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY. Moved and seconded to adopt RES. 88-27, AUDDRIZING THE CITY OF IOWA CITY TO IMPLEMENT REVISED Rf]WBILITATION PImGRPMS FOR OWNER -OCCUPIED AND RENTAL PROPERTIES IN IOWA CITY. Moved and seconded to adopt RFS. 83-28, DECLARING DEFAULT BY METCALF & EMY, INC. IN THE PERFOfAVnHCE OF ITS CONTRACT WITH THE CITY FOR THE PROVISICN OF DESIGJ AND PROJECT M04WA YT SERVICES IN CONNECTION WITH THE WASTEWATER TREATMENT PLANT SYSTEM IMPROVEMENTS PROJECT, AND DEMANDING THE CUlE THEREOF. Moved and seconded that the ordinance to anend the legal description of City Plaza, be given first vote for passage. The Mayor declared the motion carried. Moved and secmW that DID. 88-3363, A 30ING CHAPTER 31, ARTICLE V, DIVISION 3, "ICE AND SJ]W REMOVAL," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO A NEW SECTION TO Official Actions February 9, 1988 Page 4 BE CODIFIED AS SECTICN 31-124, PROVIDIM fiWT106 FOR THE REM70A1 OF M APD ICE FR04 PRIVATE Pf YGM, be passed and adopted. Moved and seconded to adjourn 9:10 p.m. The Pldyor declared the notion carried. A more complete description of Council activities is on file in the office of the City Clerk. $/ l F�C0EW ' M4YOR�%�Yr Iw KARR, sm ctEra �d�-ca�u/ Yf 22L✓ publication 2/18/88. s/WIAN K. &1mitted for COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES February 9, 1988 Iowa City Council, reg. mtg., 2/9/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Larson, McDonald. Absent: Horowitz, Strait. Staffinembers present: Atkins, Melling, Timmins, Karr, Milkman, Seydel, Franklin, Lundell, Schmadeke, Brachtel. Council minutes tape recorded on Tape 88- C-10, Side 2, 28 -End; 88-C14, Side 1, 1 -End and Side 2, 731-707. The Mayor presented appreciation plaques to former Mayor and present Councilmember Bill Ambrisco and former Councilmembers Ernie Zuber and Larry Baker. The Mayor proclaimed February 15-19, 1988, as SERTOMA'S FREEDOM WEEK. The Mayor noted the addition to the Consent Calendar. Moved by Ambrisco, seconded by Dickson, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as amended: of Official il Actions of of 1/26/88, as 1publisshed, subject cto correction, tas rehe commendedular tby9the City Clerk. Minutes of Boards and Commissions: P&Z Comm. - 1/20/88; Housing Comm. - 1/12/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Motif, LTD dba Bo -James, 118 E. Washington Street. Approving a Class E Beer Permit for Hy -Vee Food Stores, Inc. dba Hy - Vee Food Store #1, 501 Hollywood Blvd. Approving a Class E Liquor License for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 501 Hollywood Blvd. Approving a Class E Liquor License for Osco Drug, Inc. dba Osco Drug Store #448, 201 S. Clinton. Approving a Class E Liquor License for Hy -Vee Food Stores, Inc, dba Drugtown #1, 521 Hollywood Blvd. Approving a Class C Liquor License for Beverly K. Nuechter dba Mike's Tap, 122 Wright Street. Approving a Class E Beer Permit for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3 & Drugtown #2, 1201-1221 N. Dodge Street. Approving a Class C Liquor License for R.T. Grunts Inc. dba R.T.'s, 826 S. Clinton Street. RES. 88-20, Bk. 97, p. 20, ISSUING A DANCING PERMIT. Approvinga Class E Beer Permit for Hy -Vee Food Stores, Inc. dba Drugtown #1, 521 Hollywood Blvd. Approving a Class E Liquor License for Nash -Finch Company dba Econofoods #473, 1987 Broadway. Approving a Class E Beer Permit for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 N. First Avenue. Approving a Class E Liquor License for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 N. First Avenue. Approv- ing a Class E Liquor License for Walgreen Co., dba Walgreens, 1646 Sycamore. Approving a Class E Beer Permit for QuikTrip Corporation dba QuikTrip #509, 323 E. Burlington. Resolutions: RES. 88-21, Bk. 97 p. 21, APPROVING SUPPLEMENT 34 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. RES. 88- 22, Bk. 97, P. 22, ESTABLISHING POLICY FOR MICROFILMING AND DESTRUC- TION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE. W Council Activities February 9, 1988 Page 2 Setting Public Hearings: RES. 88-23, Bk. 97, p. 23, SETTING A PUBLIC HEARING ON 2/23/88, ON THE BUDGET ESTIMATE FOR THE FISCAL YEAR 7/1/88, THROUGH 6/30/89, AND THE PROPOSED THREE-YEAR FINANCIAL PLAN WHICH INCLUDES THE CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1989-1991. Correspondence: Barbara Wagner, whose term on the Historic Preservation Commission will end 3/29/88. Johnson County Emergency Ambulance Service requesting expedited action on the rezoning of 808 South Dubuque. Memo from the Traffic Engr. regarding parking prohibition on the west side of Benton Court between Benton Street and the North end of Benton Court. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried and repeated the public hearing as set. A public hearing was held on an ordinance to rezone Lots 20, 21, 50- 54 Bailey and Beck's Addition and the former Howard Street right-of-way, property on Highway 1 West, formerly owned by the Iowa Department of Transportation, from RS -8 and P to CI -1 (Iowa City Landscaping Company). No one appeared. Moved by Courtney, seconded by Dickson, that the ordinance to rezone Lots 20, 21, 50-54 Bailey and Beck's Addition and the former Howard Street right-of-way, property on Highway 1 West formerly owned by the Iowa Department of Transportation, from RS -8 and P to CI -1, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried. A public hearing was held on an, amendment to the Zoning Ordinance to permit canopies over gas pumps in the required front yard. No one appeared. A public hearing was held on an ordinance to rezone property located at 808 South Dubuque Street from CI -1 to P (Johnson County Ambulance Service). Dave Cole, Johnson County Ambulance Service, requesting expedited action on the request. Council agreed to release the building permit as soon as possible. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone property located at 808 South Dubuque Street from CI -1 to P, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that the ordinance to amend portions of the Zoning Ordinance regarding off-street parking require- ments, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone 84.73 acres known as Southwest Estates from ID -RS, Interim Develop- ment/Single-Family Residential, and RR -1, Rural Residential, to RS -5, Low Density Single -Family Residential, subject to conditions, be given second Council Activities February 9, 1988 Page 3 vote for passage. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried. A public hearing was held on an application for 62 Units Section 8 Existing Housing Units (Vouchers or Certificates) and Requesting Funds. No one appeared. Mace Braverman, 503 Melrose Ave., thanked Council and staff for their help in expediting construction of the NCS office building on Boyrum. Robert Wolf, President of the Iowa City Home Builders Association, outlined previous meetings with Councilmember Courtney, the Board of Supervisors, and City staff re construction of the wastewater facility and potential of a building moratorium being imposed in the city. He urged the Council to move forward on getting all problems solved and the plant operating. The Mayor announced the following vacancies: Housing Comm. - two vacancies for three-year terms ending 5/1/91; P&Z Comm. - two vacancies for five-year terms ending 5/1/93. Council agreed to cancel the meeting of 3/22. These appointments will be made at the 4/5/88 meeting of the City Council. Councilmember Ambrisco noted the acceptance of City Clerk Marian Karr into the Academy for Advanced Education of the International Institute of Municipal Clerks. The City Mgr. noted that Council had requested more information re the Hwy. 6 By-pass signalizationproject. Dan Cummings, Johnson, Brickell, Mulcahy & Associates, Inc., outlined the study and the proposed system. Staffinembers Brachtel and Schmadeke present for discussion. Council directed staff to proceed with the system. City Atty. Timmins outlined individual requests from AT&T and the University of Iowa to install utilities in City streets. Council directed the City Attorney to pursue a policy charging $100-5500 per year per crossing for AT&T and to develop a form of temporary licensing agreement with the University and bring back to Council. Glenn Boutelle, University Utilities Division, appeared. Moved by Dickson, seconded by Ambrisco, to endorse the 1988 Legisla- tive Priorities of the Iowa Public Transit Association, as outlined. The Mayor declared the motion carried unanimously, 5/0, Horowitz, Strait absent. Moved by Ambrisco, seconded by Dickson, to adopt RES. 8B-24, Bk. 97, p. 24, AUTHORIZING THE MAYOR TO SIGN AN APPLICATION TO THE STATE OF IOWA OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adapt RES. 88-25, Bk. 97, p. 25, AUTHORIZING THE EXECUTION OF AMENDATORY AGREEMENT NO. I TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR PUBLIC HOUSING. Affirma- Council Activities February 9, 1988 Page 4 tive roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the resolution adopted. Moved by sco, seconded by P. 26, AUTHORIZING �AND DIRECTING THE CSOLICITATION ourtney, to aOFpOFFERS AND t RES. 2RECEIPT6 Bk.9OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCEL B, C AND D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY. Staff - member Milkman present for discussion. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the resolu- tion adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-27, Bk. 97, p. 27, AUTHORIZING THE CITY OF IOWA CITY TO IMPLEMENT REVISED REHABILITA- PROPERTIES IN IOWA CITY. Staffinemberr Milkman WNER- TION PROGRAMS FOROpre entCforEdisc D siion. Affirmative roll ccall vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the resolu- tion adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-28, Bk. 97, p. 28, DECLARING DEFAULT BY METCALF & EDDY, INC. IN THE PERFORMANCE OF ITS CONTRACT WITH THE CITY FOR THE PROVISION OF DESIGN AND PROJECT MANAGEMENT SERVICES IN CONNECTION WITH THE WASTEWATER TREATMENT PLANT SYSTEM IMPROVE- MENTS PROJECT, AND DEMANDING THE CURE THEREOF. The Mayor noted this action was the first step in the termination process and would allow time to see if problems could be worked out before actual termination of the contract. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, that the ordinance to amend the legal description of City Plaza, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, that ORD. 88-3363, Bk. 29, P. 5, AMENDING CHAPTER 31, ARTICLE V, DIVISION 3, "ICE AND SNOW REMOVAL," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO A NEW SECTION TO BE CODIFIED AS SECTION 31-124, PROVIDING REGULA- TIONS FOR THE REMOVAL OF SNOW AND ICE FROM PRIVATE PROPERTY, be passed and adopted. Affirmative roll call vote unanimous, 5/0, Horowitz, Strait absent. The Mayor declared the ordinance adopted. Mldthrseconded by ,rartp m' The Mayor decaeemotioncarred, 50, Horowitz Strait absent. JOHN MCDONALD, MAYOR MARIAN KARR, CITY CLERK OFFICIAL COLNCIL ACTIONS - 2/15/88 The cost of publishing the following proceed- ings and claims is $ . Ctmlative cost for this calendar year for said publication is S Iowa City Council, special mtg., 5:00 p.m. at the Civic Center. Mayor McDonald presiding. Camcilmarbers present: Anrbrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Moved and seceded that the rule requiring ordinances to be considered and voted on for passage at bA Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that DF,D. 88-3364, TO REZONE LOTS 20, 21, 50-54 BAILEY AND BECK'S ADDITION ADD THE FORM H300 STREET RIGHT-OF-WAY, PROPERTY ON HIMY 1 WEST FORULY 0 ED BY THE IDA DEPWMff OF TR/>1 OUATIDJ, FFCM RS-8 AND P TO CI-1 (IOWA CITY LANDSCAPING COMPANY), be voted on for final passage at this time. The Mayor declared the notion carried. Moved and seceded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on fo- passage at too Council meetings prior to the meeting at Aich it is to be finally passed be suspended, the second consideration and vote be waived and that OCD. 88-3365, TO REZONE PROPERTY LOCATED AT 806 MM DWJQUE STREET FROM CI-I TO P (MNSON O1NTY AMBbA.JNJCE), be voted on for final passage at this time. The Mayor declared the notion carried. Magid and seconded that the ordinance be finally adopted at this tine. Moved and seconded to adjourn 5:08 P.M. The Mayor declared the motion carried. A more carplete description of Council activities is on file in the office ^of the City Clerk. �� s/Jq N hLDUYLD, FAYCR K. KW, CITY C�LEPoC,J �(/ ted or ptblicat%n �2//18/86� s/MQRIAN Submit w COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES February 15, 1988 MayorlMcDonald pr snidiin�g.speCouncilmcial embe s0p pen at the Civic Center. Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait.prAbsent: None. Staffinembers present: Atkins, Melling, Timmins, Karr. Council minutes tape recorded on Tape 88-C14, Side 2, 707-646. Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 88- 3364, Bk. 29, P. 6, TO REZONE LOTS 20, 21, 50-54 BAILEY AND BECK'S ADDITION AND THE FORMER HOWARD STREET RIGHT-OF-WAY, PROPERTY ON HIGHWAY 1 WEST FORMERLY OWNED BY THE IOWA DEPARTMENT OF TRANSPORTATION, FROM RS -8 AND P TO CI -1 (IOWA CITY LANDSCAPING COMPANY), be voted on for final Counc9lm Counce at ilmembers sent. The s time. �Mayor vdeclared e roll cthe motall ion carried. 7/0, Ovedaby Ambrisco, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by ordinances to be b cions deredon and by voted onsofor tpassagehat the atultwo re reCouncil meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3365, 8k. 29, P. 7, TO REZONE PROPERTY LOCATED AT 608 SOUTH DUBUQUE STREET FROM CI -I TO P (JOHNSON COUNTY AMBULANCE), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, to adjourn 5:08 p.m. The Mayor declared the motion carried, 7/0, all Councilmembers present. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES February 23, 1988 owa MayorlMcD McDonald Cpresiding. Council2member8s present: Ambr sco Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Melling, Timmins, Karr, Beagle, Boothroy, Vitosh, Kimble, Nugent, Penney, Schmadeke. Council minutes tape recorded on Tape 88-C14, Side 2, 646 -END; 88-C18, Side 1 and 2, 1 -END. The Mayor delivered his State of the City Message. Moved bStrait, 29, HONORING MARGARET sNOWYSZd AND OESTABLISHING, todANtANNUALRES.B MARGARET NOWYSZ AWARD. The Mayor noted the dedication and style of Margaret Nowysz and stated she would be missed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor proclaimed February 26, 1988 as IOWA CITY TRIO DAY. The Mayor noted the additions to the Consent Calendar. Moved by Ambrisco, seconded by Courtney, that the following items and recommenda- tions in the Consent Calendar be received or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 2/9/88 and the spec. mtg. of 2/15/88, as published, subject to correction. of Boards Commissins: CCN es BroadbandtTelecomm. Comm, - 1/19/88; Airport Comm. - 1/14/88; Bd. of Library Trustees - 1/28/88; Sr. Center Comm, - 12/21/88; P&Z Comm. - 2/4/88; Bd. of Adjustment - 1/13/88. Permit Motions: Approving a Liquor License refund for Pantera's Pizza, 21 Sturgis Corner. Approving a Class E Liquor License for Claret & Friends Inc. dba Claret & Friends, 212 E. Market Street. Grocery Approving a Class E Liquor License for John R. Alberhasky dba John's License for Inc., 0Street. lksLodge BPO #590dbaElks Approving BPOa#590, 637 Foster Road. Approving a Class E Liquor License for Super Spirits Shop LTD dba Super Spirits Shop LTD, 5 Sturgis Drive. Approving a Class E Beer Permit for Super Spirits Shop LTD dba Super Spirits Shop LTD, 5 Sturgis Drive. Approving a Special Class C Beer/Wine Permit for All American Deli, Inc. dba All American Deli, 269 Old Capitol Mall. Motions: Approving a taxicab stand for City/Yellow Cab in front of Wilson Sporting Goods on College Street. Approving disbursements in the amount of $5,168,323.19 for the period of 1/1 through 1/31/88, as recommended by the Fin. Dir., subject to audit. y hold theAnnualenFirefighterstBallrion4/29/88. Memo hters from mtheiCivil Service Comm. submitting a certified list of applicants for the Position of Housing Rehab. Assistant. Memo from the Traffic Engr. Council Activities February 23, 1988 Page 2 regarding parking prohibition on the west side of Fourth Avenue between Court Street and A Street. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance regarding storage of special vehicles. Howard Sokol, 801 Normandy Drive, appeared. Staff - member Doug Boothroy present for discussion. Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance amending Chapter 36-68 of the Zoning Ordinance, permitted obstructions in yards, to permit canopies over gas pumps in the required front yard, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Dickson, seconded by Courtney, that ORD. 88-3366, Bk. 29, p. 8, AMENDING PORTIONS OF THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3367, Bk. 29, p. 9, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN 84.73 ACRE TRACT KNOWN AS SOUTHWEST ESTATES, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. A public hearing was held on the operating budget estimate for the Fiscal Year July 1, 1988, through June 30, 1989, and Proposed Three Year Financial Plan, which includes the Three Year Capital Improvements Program for Fiscal Years 1989-1991. The following people appeared: Catherine Johnson, 242 Ferson; Craig Willis, 333 Magowan; Pedro A. deAlarcon, Iowa City Kickers. Jean Hood, Senior Center Commissioner, reported on activities at the Senior Center. Atty. Thomas Hobart, representing Gerard Electric and Wolf Construction, appeared and requested Council cooperation in facilitating a license agreement with the University for use of City right-of-way. Hobart noted work was to begin 2/25 on a project involving local contractors. Staff and Council presented views on the right-of-way agreement. After discussion, Council directed staff to release the permit without the right-of-way agreement but to send a letter of understanding to the University notifying them that an agreement will be required prior to activating the line after construction is complete and informing them the matter should be resolved before the start of any other projects involving the City. Charlie Ruppert, 1406 North Dodge Street, appeared. Council Activities February 23, 1988 Page 3 Councilmember Ambrisco noted the April issue of Midwest Living included Iowa City on a list of cities highly regarded as retirement places in the Country. Ambrisco stated the article listed Iowa City as N1 in services to retirees. Horowitz acknowledged Councilmember Courtney's letter in the Iowa City Press -Citizen re the wastewater treatment plant and encouraged citizens to attend meetings on the subject conducted by staff and Councilmember Courtney. Courtney announced the schedule for neighborhood meetings, and reported on a Domestic Violence Project auction which raised over $3,500. The City Manager stated Metcalf & Eddy would be in town on Thursday, 2/25, and a report would be to Council Thursday or Friday. He also noted doors at the Civic Center and Recreation Center are now handicap accessible, total cost of the project was $8,300. Recommendation of the Committee on Community Needs noted as follows: (1) CCN recommends that the City supply and transport bricks and sand for the North Linn Street Paving Project sponsored by the North Linn Street Betterment Association. This recommendation is made with the condition that there be a written commitment on the part of the tenants and/or property owners along North Linn Street guaranteeing that the project will be completed. (2) CCN recommends that the City Council approve the installation of lighting on existing poles on the 200 block of North Linn Street and add two additional poles as soon as possible. (3) CCN recom- mends approval of the amendments to the Housing Rehabilitation Program Manual. Council agreed to proceed with the project outlined in recommen- dation N1 and referred recommendation #2 to the City Manager and the Historic Preservation Commission. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-30, Bk. 97, p. 30, RECLASSIFYING POSITIONS IN THE TREASURY DIVISION AND THE LIBRARY, Clerk -Typist to Account Clerk and Senior Library Clerk to Library Assistant I, respectively. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3368, Bk. 29, p. 10, AMENDING THE LEGAL DESCRIPTION OF CITY PLAZA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-31, Bk. 97, p. 31, INTENT TO TERMINATE CONTRACT WITH METCALF & EDDY, INC. AND AUTHORIZING THE GIVING OF NOTICE THEREOF. The Mayor noted that another meeting would be scheduled with Metcalf & Eddy to see if concerns could be resolved. One additional procedural step is required prior to termination of the contract. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. V' M Council Activities February 23, 1988 Page 4 Moved by Ambrisco, seconded by Courtney, to adjourn 9:30 p.m. The Mayor declared the motion carried, 7/0, all Councilmembers present. �OHN MCOONALD, MAYOR MARIAN K. KARR, CITY CLERK Informal Council Discussion February 22, 1988 Informal Council Discussion: February 22, 1988, at 7:00 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald, presiding. Council Present: McDonald, Courtney, Horowitz, Ambrisco. Dickson, Larson, Strait, Staff Present: Atkins, Melling, Karr, Boothroy, Beagle. Smith, Timmins, Schmadeke, Taoe Recorded: Reel 88-15, Side 2, 345 -End; Reel 88-16, Side 1, 1 -All, Side 2, 1 -All; Reel 88-17, Side 1, 1-184. Consent Calendar Additions City agreed to add a special Class C beer/wine permit for All American Deli to the consent calendar. City Council adjourned to the scheduled Conference Board meeting. returned to informal session. Council Consent Calendar Additions Continued Council agreed to add a Class E beer permit and Class E liquor license for Super Spirits Shop to the consent calendar. Contract with Metcalf & Eddy Reel 88-15, Side 2 Atkins stated Council passed a resolution requiring Metcalf & Eddy to sign an addendum by February 29, 1988; if Metcalf & Eddy did not agree to an addendum, Council's next action would be to pass a resolution of intent to terminate; and then Council would pass a resolution of termination. Timmins stated he has prepared thresolution of intent to terminate. e Timmins explained the resolution of intent to terminate does not formally terminate the contract with Metcalf & Eddy butit informs Metcalf & Eddy that Council does intent to terminate the contract if Metcalf & Eddy does not cure the notice is required, the City now wantsthe athendefault cured by Marchins said a 4, And the Council could be in a position to formally terminate the contract at the regularly scheduled Council meeting March 8, 1988. In response to McDonald, Timmins said he has not had any substantive discussions with Mr. Bening regarding the addendum. McDonald asked about the status of the wastewater treatment project if Council proceeds with termination of the Metcalf & Eddy contract. Schmadeke explained the City will be inter- viewing Stanley Consultants, Donohue Engineers, and Howard Greene Councilrshortly after Mon March archi l4, andl be , within 30 daysd to berecommendations present council an the firm. 9cmaeke said wihin 90-120days hafter gsigning aicontract f the Cityswould hbedprepared toilet contracts unless major changes were made. In response to Horowitz, Schmadeke said that if the City uses the design prepared by Metcalf & Eddy for the purpose they designed it for, Metcalf & Eddy would still be w liable. Horowitz asked what responsibilities would the new firm have. Schmadeke said the new firm would be responsible for any major changes. 3_ Y Timmins added that the extent a specific design defect could be identified to a specific element, liability could be determined between Metcalf & Eddy and a new design firm. If there is a problem with the overall design working, of the cont actualaag ssieem ntliwithiMetcalf &iEddyais the assurance that although the plant wouldn't be a turnkey operation, it would be similar. Timmins said that in the contract, Metcalf & Eddy agreed that in the end Iowa City would have a plant that worked according to their description and all federal regulations, and that if it didn't work, the City would have only one place to look, Metcalf & Eddy, instead of multiple designers. In response to Horowitz, Timmins said according to the contract, Metcalf & Eddy is liable for the design work done and paid for when the contract is terminated. In response to Horowitz, Timmins said that the City believes it has fully paid for the design plan it has received from Metcalf & Eddy. Timmins said that Metcalf & Eddy has indicated that they owe subcontractors $157,000. Atkins said that much of the design work was work from subcontractors Ino wa Citresponse some with Metcalf & Eddy is terminated, they would owe Iowa City what the City has paid them in program management fees. The program management fee was paid to Metcalf & Eddy for managing the project, including bidding out parts of the project. Timmins said the City is trying to terminate the contract under a provision that entitles the City to all plans and drawings completed to date. Atkins noted that Iowa City already has those plans and drawings in hand. In response to Strait, Timmins said that he will advise Council in closed session on concerns about possible delays in the project due to problems with terminating the Metcalf & Eddy contract. In response to Larson, Atkins said that he doesn't believe that Metcalf & Eddy is capable of managing the project. Atkins added that before the contract was signed, Iowa City paid Metcalf & Eddy to do estimates in 1990 dollars and now Metcalf & Eddy appears ready to say those estimates longer any good. In response to Larson, Atkins are no said a firm wouldn't guarantee estimates. In response to Larson, Schmadeke said that it will take about two months to enter into an agreement with the new company if the Metcalf & Eddy contract is terminated. In response to Larson, Timmins said that if the contract is terminated, Metcalf & Eddy will probably try to get the rest of their design fee. Timmins said he can argue that the City has already paid too much for the design work done. Larson asked if by paying the $655,000, the City could resolve the liability question. Timmins said that by paying the rest of the design fee the City would get a completed set of plans and specifications that would be ready for bidding and that Metcalf & Eddy would be liable for. Timmins said that he does not know exactly what the City has from Metcalf & Eddy in terms of signed, documented specifications that clearly has the Metcalf & Eddy engineering seal. Atkins stated that approval by the DNR still needs to be obtained for the Metcalf & Eddy plans. In response to Larson, Atkins said he feels that termination is better because he doesn't trust Metcalf & Eddy's guarantees about their plans. Larson said that he feels the new company would still say that Metcalf & Eddy plans will cost $43 million and a new company will have to down size the plans. Atkins stated he feels that Metcalf contract &andddnowithe aprojectsaid willwhatever c cost uchtook more tthanetthe oriinal tthose original 1-r estimates. Atkins said the down sizing may not be possible because the DNR still has to approve the plans. Larson said that if the City hires another design firm and later there is a question of liability, it will be up to the City to prove it in court which firm is liable. Timmins agreed that there is a problem with determining liability when multiple design firms are used. McDonald explained the next step is to vote on the resolution of intent to terminate the Metcalf & Eddy contract. Timmins explained that because of the legal posting requirements, such a vote cannot take place until Tuesday's formal Council meeting. McDonald said that he favors acting on that resolution. Courtney said that he still is not convinced of the wisdom of terminating the contract and hiring another firm. Atkins pointed out that Shive-Hattery has already completed design of the south tlant so reatment facit� lity.Courtney onal rsaid he fees k would be oto ah new ofi m could/besaswmuch or more than the amount still owed to Metcalf & Eddy and a new firm could say that they don't like the Metcalf & Eddy plans for the north wastewater treatment plant. Courtney also stated that as an international firm, Metcalf & Eddy should be able to manage the project. Atkins said that given what Metcalf & Eddy has shown him to date, they seem incapable of managing the project and their design is sound, but over budget. Atkins said that the City probably will not hire another firm to do project management, but would handle project management internally, possibly using contract employees. In response to Horowitz, Atkins said Iowa City has computer facilities to run fiscal management. In response to Courtney, Atkins said that Iowa City might be able to reach an agree- ment with Metcalf & Eddy regarding completing the design work but not doing project management. In response to Horowitz, Atkins said the south wastewater treatment plant design is practically complete but the north wastewater treatment plant is not done and it is most critical because it has the immediate compliance problem with the DNR. McDonald noted that action is needed on the resolution of intent to terminate. Atkins said that if there is interest by Council, he will try to discuss the addendum to the contract with Metcalf & Eddy again. Atkins asked for specific guidance from Council nabout o negotiations. He also saidth tSchmadekecwould �p proceed with cother firms so no time is lost if the Metcalf & Eddy contract is terminated. In response to Horowitz, Atkins said that there are three elements to the contract: design, project management and construction management. He said it seems that Council agrees that it doesn't want Metcalf & Eddy involved with either type of management, but design could be negotiated through an addendum. McDonald noted that final action to terminate the contract would take place at the March 8, 1988, Council meeting. Larson asked for analysis from Timmins and Schmadeke about the chain of liability problem, design cost questions, confidence in Metcalf & Eddy's design abilities, advantages and disadvantages of allowing Metcalf & Eddy to complete the design, and the cost of having a new firm complete the design. Larson and Courtney both noted that regardless of the design firm, bid costs will be similar given similar designs. McDonald expressed concerns that an international firm would be $7 million off their estimate. Atkins raised concerns about Metcalf & Eddy's estimation process. McDonald summarized that Council agreed to take action on the resolution of intent to terminate the contract and to direct staff to pursue the discussions with Metcalf & Eddy about the contract addendum. In response to Ambrisco, Timmins agreed that if a new firm is hired, it should review the Metcalf & Eddy plan and possibly assume liability. Planning & Zoning Matters A. public hearing on an ordinance regarding storage of special vehicles. Beagle stated the public hearing was continued from the January 16 meeting. No Council comment. B. Beagle noted that staff has requested expedited action on this matter. C. Ordinance to amend portions of the Zoning Ordinance regarding off- street Parking requirements. No Council comment. D. Ordinance amendina the 7nninn n..i;..,.,..,, {.., .. --___ No Council comment. Special Vehicle Ordinance Boothroy said the ordinance provides standards for special vehicle parking in the front yard when they cannot be moved to the side or back yard, the citizens' committee could not agree on the vision triangle or setback requirement, and the current ordinance has no setback requirement. Johnny Shaffer and Bud Means of the Good Sam Club spoke in favor of the ordinance, but disagreed with any inclusion of a vision triangle provi- sion. Means said that RV owners generally accept the ordinance as proposed but staff. should pursue a City-wide vision triangle in the Zoning Ordinance that would cover everything. In response to McDonald, Boothroy explained that the current ordinance is unenforceable and allows special vehicles to be parked in the front yard. The proposed ordinance requires vehicles to be moved to the back or side if possible and vehicles would have to be licensed and operable. Vehicles which do not conform with regulations would have to be moved within two years. Boothroy said the current proposed ordinance is less restrictive than the original proposal and the proposed ordinance clarifies the rights of the special vehicle owner. In response to Ambrisco, Boothroy said the special vehicle ordinance would be enforced on a complaint basis. Boothroy said a handout could be developed. Courtney noted that the proposed ordinance allows currently parked special vehicles to remain in place until the property is sold. Council agreed to accept the ordinance as proposed. Council adjourned at 8:37 for a ten minute break. Council reconvened the informal Council session at 8:47. 1988 American -Soviet Walks International Peace Walk brochures were distributed to Council. Martie Olson, midwest regional director, and Byron Olson, regional coordinator, Presented information and a video presentation on the 1988 American - Soviet Peace Walk. M. Olson stated that this will be the largest group of publicly accessible Soviets ever to visit the U.S. and the walk is scheduled to visit Iowa City on July 3 and 4. B. Olson reviewed the 1988 American -Soviet walk itinerary. B. Olson suggested folk music and community picnic festivities take place in Iowa City on July 4. B. Olson theuested JayceeshbeCcontactedpregardinghtheeJulyacew4lk. Courtney activities. Dicksonestated that the Iowa City Convention Bureau should be involved. Council appointed Councilmember Horowitz as Council representative to the American -Soviet Peace Walk organizational meeting. Council Time/Agenda Horowitz suggested City selling wood from the trees that the City chops down or removes. 2. Timmins said that he has a draft of a temporary license agreement to allow the University to begin excavation for a new transmission line. Atkins said that he was contacted by Bob Wolf, and had conversations with Mary Jo Small from the University. Timmins said that the University has sent a draft of the proposal for a temporary licensing agreement. In response to McDonald, Timmins said the contractors will bear a loss if construction does not start as scheduled. Timmins said that the proposed agreement allows construction but not final electrical connection until a final agreement is worked out between and wouldn t IowaCity tthenholdthe harmlessitportionTimmins the dthe agr agreement Universit requires the University to pay any judgment against the City for damages from the University's work. Timmins said a meeting between the University and Engr. Frank Farmer should resolve technical details of construction. McDonald directed Timmins to find out if a two-week delay could cause any problems for contractors. A000intments Animal Control Adv Ls v Board - Atkins said that the Coralville Council appointed two Councilmembers to their board. Council held general discussion about who might serve. Atkins said that a total of nine people will be on the board. Timmins stated the board will serve in an advisory capacity. McDonald directed staff to advertise for the Iowa City posi- tions. Executive Session Moved by Courtney, seconded by Ambrisco, to adjourn to executive session under Section matters th t are 1prese tlyginilitigati non, to isorswhererlit gation iso oimmiwith Cuncilnent where its disclosure would be likely to prejudice or disadvantage the s- ,Y position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor declared motion carried. Council adjourned to executive session at 9:25 p.m. Y' I -F