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HomeMy WebLinkAbout1989-08-08 Council MinutesInformal Council Session July 11, 1989 Informal Council Session: July 11, 1989, 6:40 p.m. in the Civic Center Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Horowitz, Ambrisco, Larson, Kubby, Balmer, Courtney (6:53 p.m.). Staffinembers Present: Karr, Timmins, Atkins, Helling, Moen, Donner, Schoenfelder, Winkelhake. Tape-recorded: Reel 89-41, Side 1, 219 -END, Side 2, 1-306. PLANNING & ZONING MATTERS: Reel 89-41, Side 1 A. B. 9 Q Moen stated information will be provided to Council prior to the July 25, 1989, public hearing. Moen stated this ordinance te the immediately west of Gilbert Str Street and the balance of thenortherly t of right-of.way right-of-way 120 feet west of the Gilbert Street right-of-way. Moen stated this would accommodate development plans of Aero Rental twould leave sufficient i Moen explained that in exchange orthispyarticularright of -way to Aero Rental, office. al, the City would require an easement over the existing sanitary sewer line located on the west side of Aero Rental. (Additional Information after item D.) See above Item B. Atkins recommended to Council deferring this matter. Atkins explained the alley was designed to accommodate single-family dwelling traffic and It is now used to accommodate traffic for multi -family units, Atkins stated he has talked with City Traffic Engineer Jim Brachtel who feels the alley really doesn't warrant a traffic analysis. Atkins stated the Victors have a legitimate complaint, but the remainder of the neighborhood �i ii f; iI a it Informal Council Session July 11, 1gag Page 2 7 E. F. G. does have some dependence upon the operation of that alley. Atkins recommended deferral of this item for two weeks to allow staff further study. Larson asked how the price was established for the property. Moen stated there is an easement the City would like to acquire over the existing sanitary sewer line and it would be an equitable exchange between acquisition of that easement and conveyance of the right-of-way to Aero Rental. Moen stated the motivating factor Is the City's interest in getting an easement over the sanitary sewer line. In response to Ambrisco, Moen stated this ordinance needs to be given the traditional three readings. McDonald stated Council could collapse the readings. See below Item G. Horowitz stated the same language should be used in the opening "Whereas" as in the final 'Therefore," Including 'Those providers accepting children atter 10:00 p.m. or before 7:00 a.m." McDonald stated this Item should be scheduled for informal discussion prior to Council action. Council agreed to defer this Item and schedule it for informal discussion, No Council comment. I h i I I � I� i Informal Council Session July 11, 1gag Page 3 J. No Council comment. Moen stated the Freemans have increased the original offer from $1,000 to $3,000 and staff is recommending acceptance of this offer. K. RESOLUTION ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE. Ambrisco inquired about the zoning of the site for Westport Plaza. Moen stated the intent is to show the site for Westport Plaza as a commercial site and the 1989 plan does not change that particular policy, but carries that policy forward. Moen stated Council changed the 1983 Comprehensive Plan Update and that amendment was. carried forward in the 1989 plan. Ambrisco inquired about the zoning around Mercy Hospital and asked if staff has had communication with Mercy Hospital staff. Moen stated Mercy Hospital staff are comfortable with the particular recommendations regarding Mercy Hospital. Moen stated the final recommendation is identical to the 1983 Update with the expansion of the CO - 1 zone to the lot immediately east of Pediatrics Associates. Larson asked why staff opposed the expansion of the one-half block immediately east of Pediatrics Associates. Moen stated it was staff's position all along to retain that as residential use, but It was In the process of negotiations and determination by the Planning & Zoning Commission was that the rezoning was an acceptable alternative. Moen noted there was a house on that property and it has been removed. In response to Ambrisco, Moen stated the zoning line was shifted just east to accommodate the one lot. Ambrisco Inquired about future plans for Iowa Avenue. Moen stated the Iowa Avenue zoning is Intact. COUNCIL TIME/AGENDA: Reel 89-41, Side 1 (Agenda Item No. 13 - CIVIC CENTER POLICE AND FIRE DEPARTMENT REMODELING AND EXPANSION PROJECT - CONTRACT WITH MCCOMAS-LACINA CONSTRUCTION COMPANY.) Balmer stated he was disappointed that the City only received one bid for the project. Balmer stated from the public policy point of view and for taxpayers, it is better on projects of this magnitude that the City receives more than one bid. Balmer suggested the City either accept the bid in total or reject it and not change the bid substantially. Atkins stated he was also disappointed that only one bid was received through the routine bidding process. Atkins noted a number of adjustments were made from the original bid specifications Including provisions ,1 i j I ! �1 Informal Council Session July 11, 1989 Page 4 for the subcontractors and add alternates. Atkins noted the one major element that affected the bid was the Fire Department base bid was far more expensive than the City's original estimates. Atkins noted awarding contract on the project would be approximately eight percent over the estimate. Councilmembers and staff discussed the bidding process. Balmer noted that McComas-Lacina Construction Company, Inc. is a very reputable company. Atkins stated that the City may have only received one bid because of the nature of the bidding activity in the community and the amount of construction going on. Horowitz asked City Manager Atkins for an example of an add alternate. Atkins said an example of an add alternate is the exhaust system in the Fire Department and that add alternates refer to structural types of things. Horowitz stated the City should not pinch pennies on the project. Larson inquired about Item No. 3 "Conform to specifications on temperature controls." Atkins explained when the bidder submitted the temperature control system bid, that figure was extremely high; the City reworked the figure with the contractor; and the contractor submitted a second proposal and amended his bid in the amount of $32,000. Horowitz cautioned staff regarding cost overruns on the project. Atkins stated the City has a good history regarding project management. Kubby Inquired about the sewer extension cost. Schoenfelder stated a 50' sewer extension would cost $2,500. Atkins noted staff may assign some work to City crews. Courtney inquired about the deck design. Atkins stated the Fire Chief proposed putting a deck over the two -car parking area on the second floor; the origina16 bid estimate was $10,000-$12,000; and the contractor's proposed bid for that deck was $55,000. Larson asked why there would be a nine month delay if the project were rebid, Atkins said the contractor would like to get the building up and enclosed this construction season. Atkins noted that the difficulty with the project is operating the Police and Fire departments simul- taneously with building the project. Councilmembers discussed rebidding the project. Schoenfelder noted the contractor is concerned about getting started as soon as possible. Kubby stated she would feel more comfortable with more contractors participating in the bidding process, McDonald noted that Council would like to see more competitive bids; McComas-Lacina Construction Company is extremely reputable; and this project has been in the mill for a number of years. McDonald stated Council should proceed with the project. APPOINTMENTS: Board of Adjustment - Katherine Johnson The meeting adjourned at 7:25 p,m. Reel 89-41, Side 2 I,1 I, II_ i j I,1 ■ OFFICIAL COUNCIL ACTIONS - 7r25/8.9 The cost of publishing the following proceedings and claims Is $. Cumulative cost for this calendar year for said publication is $ Iowa City Cly Ccundl, reg. mIg., 7:30 p.m, at the Civic Center. Mayor McDonald presiding. Councllmembers present: Ambdsco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed July 26, 1989 as GRETCHEN HARSHBARGER DAY. Nancy Siebeding, Project GREEN, accepted. The Mayor noted the deletion of hem 3f(1) resetting a public hearing. Moved and seconded, that the following hems 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 7/11/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfrom Comm. - 6r24; Mayor's Youth Employment Bd. - 6/20; PdZ Comm. - 7/6; Bd. of Library Trustees - 6/22; Sr. Center Comm. - 5/15; Bd. of Adjustment - 6/14; PdR Comm. - 6/14; Housing Comm. -6/13; Broadband Telecomm. Comm. - 6/21; Interim Bd, of Directors of the NPO - 6/6, 6x27. Permit Motions and Resolutions: Class C Liquor License for Tuck's Place, 210 N, Unn Street. Class E Beer Permit for Osco Drug Store, 201 S. Clinton. Class C Uquor License for The Field House, 111 E. College. Class E Uquor License for Druglown N2, 1222 N. Dodge. Class C Liquor License for 6:20, 620 S. Madison. Class C Beer Permit for Dan's Mustang Market, 933 S. Cllnton Street. Class C Liquor License for Carlos O'Kely's, 1411 S. Waterfront. Class C Uquor License for Mazle's, 1920 Keokuk. RES. 89.185, ISSUING DANCING PERMITS. Motions: Approving disbursements In the amount of $9,095,901.33 for the period of 6/1 thru 6/30/89, as recom- mended by the Finance Director, subject to audit. Resolutions: RES. 89.186, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR LOTS 1 THROUGH 20 OF ROCHESTER HEIGHTS. Correspondence: Chamber of Commerce Arts Coor- dinator regarding a community ads center and requesting time on the Council's informal meeting agenda. The Board of Directors of The Arts Comer urging Council's support of the Inclusion of a multFuse arts facility Into plans for Urban Renewal Parcel 64-1x. Memo from the Traffic Engineer regarding designation of lane control at Benton Street/River- side Drive. The Mayor declared the motion carded. A public hearing was held on an ordinance to amend Chapter 36, the Zoning Ordinance, to define used merchandise stores and permit them In the Commercial Intensive Zone. Melissa Williams, 722 Rundell Street, owner of The Second Act, and Susan Scott, 232 S, Summit Street, owner of House - works, appeared In support of the ordinance. Moved and seconded, that ORD, 893426, VACATE A PORTION OF FIRST STREET EXTENDING WEST OF GILBERT STREET (Aero Rental), be passed and adopted, Moved and seconded, to adopt RES. 89.187, RESOLUTION OF INTENT TO CONVEY TO AERO RENTAL THE VACATED PORTION OF FIRST STREET RIGHT-OF-WAY, WEST OF GILBERT STREET and setting a public hearing thereon for 8/8/89. Official Action July 25, 1989 Page 2 Moved and seconded, to adopt RES. 89.188, APPROVING 1 OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL jl LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR A PORTION OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL LSRD j PLAN FOR LOT 100 AND THE NORTH 5.60 FEET OF LOT 101 -1 OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VI, r IOWA CITY, IOWA Moved and seconded, to adopt RES. 89.189, AUTHORIZ- ING SALE AND CONVEYANCE TO JACK MOYERS, of al. OF THE VACATED RIGHi-0F•WAYOFLOOS STREET, BETWEEN ROCKY SHORE DRIVE AND BLACK SPRINGS CIRCLE. Jean Hood, Senior Center Commission, reported to Council on the development of a speakers bureau. Twelve older adults have been trained and 9 Invitations received. Ms. Hood presented a copy of the training manual to Council and asked it be forwarded to the City Manager for review. A public hearing was held on plans, specifications, form of contract, and estimated cost of the construction of the State Highway No. 1 at Interstate 80 Paving Improvements Project •! - IRS0-7(56)246-1252 Moved and seconded, to adopt RES. 89.190, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVE- !i MENTIS PROJECT IR50.7•(56)246-12.52 AND DIRECTING j CITY CLERK TO PUBLISH NOTICE TO BIDDERS, l_ The Mayor announced the following vacancies: Historic Preservation Comm. - one vacancy for a representative of Woodlawn District for an unexpired tern ending 30/91; P&Z Comm. - one vacancy for an unexpired term ending 5/1/93; Mayor's Youth Employment Bel. - one vacancy for a three-year I term ending 11)4)93; CCN Comm. - three vacancies for three- I l year tomo ending 1011)92; Bd. of Electrical Examiners and Appeals - one vacancy for a licensed contractor for a four-year term ending 10)26/93. These appointments will be made at the 915/89 meeting of the City Council. Moved and seconded, to approve a permanent outdoor ` service area for Sports Column Corp. dba The Sports Column, ! �' 12 S. Dubuque Street. Aty, Thomas Gelman, represerting The Sports Column, appeared. The Mayor declared the motion defeated. Moved and seconded, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENTS TO THE FY90 FUNDING AGREEMENTS WITH THE FOLLOWING AGENCIES: RES, 89.191, BIG BROTHERSIBIG SISTERS OF JOHNSON COUNTY; RES. 89.192, DOMESTIC VIOLENCE INTERVENTION PROGRAM; RES. 89.193, JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS; RES. 89.194, NEIGH- BORHOOD CENTERS OF JOHNSON COUNTY. Moved and seconded, to adopt RES. 89.195, ACCEPTING THE WORK FOR THE BENTON STREET INTERCEPTOR SEWER PROJECT, WITH THE EXCEPTION OF LANDSCAP- ING IMPROVEMENTS DELETED THEREFROM AND INCLUDED IN A SUPPLEMENTAL CONTRACT, I Moved and seconded, to adopt RES. 89.196, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUPPLEMENTAL CONTRACT WITH TSCHIGGFRIE EXCAVATING OF i DUBUQUE, IOWA, FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT. Official Actions July 25, 1999 Page 3 Moved and seconded, 10 adopt RES. 89.197, UNCLAS. SIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1990 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK Moved and seconded, to defer Indefinitely the resolution authorizing the Issuance of $5,000,000 Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) of the City of Iowa City, Iowa, for the purpose of making a loan to assist Michael Development of Iowa L.P. In the financing Of costs of a Project within the meaning of Chapter 419, C6de of Iowa; authorizing the execution and delivery of certain financing documents pertaining to the project; authoriz- ing an assignment of certain financing documents for further securing the payment of the bond; authorizing the sale of said bonds; authorizing the appointment of a trustee; and related maters. The Mayor declared the motion carried. Moved and seconded, that ORD. 893427, AMENDING CHAPTER 15, ENTITLED 'GARBAGE, TRASH AND REFUSE,- OF EFUSE;OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2, 15-29, 15-62, 15-63, AND 15-64 THEREOF, AND ENACTING IN UEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND DISPOSAL OF VEHICLE BATTERIES AND WASTE 011, ESTABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH. ITEMS, DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT TO COLLECTION, AND PRO. VIDING PENALTIES FOR PLACING SUCH WASTES FOR COLLECTION, be passed and adopted. Moved and seconded, 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 finely passed be suspended, the first consideration and vote be waived and that the second consideration be given atthis time. The Mayor declared the motion carded. Moved and seconded, that the ordinance amending Chapter 321, Taxation and Reve. nues; of the Code of Ordinances of the City of Iowa City, Iowa, by repeating Section 32155 thereof, and enacting In lieu thereof a new section to be codified the same, seting the amounts of fees for the collection of appliances and tires and for the disposal of appliances and tires at the Iandnil, and Increasing the minimum fee for landfill use, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded, to 40um 9:10 p.m. The Mayor declared the motion carded. For a more detailed & complete description of Council Activities 6 Disbursements, see Office of Cly Clerk and Finance Department. ,�� /� s/JOHN MCDONALD, MAYOR /!OA' s1MARIAN K KARR,R,uCIIrT�Y CLERK Submitted for pu I�W cellon 8 4/119.10 i I i �I �f II I -i i ■ COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES July 25, 1989 Iowa City City Council, reg, mtg., 7:30 p.m, at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffinembers present: Halling, Gentry, Karr, Schmeiser, DeLong, Penney, Fosse, Milkman, Winkelhake, Cain, Vitosh, Schmadeke. Council minutes tape-recorded on Tape 89-45, Side 1, 1-715 and Side 2, 715-1. The Mayor proclaimed July 26, 1989 as GRETCHEN HARSHBARGER DAY. Nancy Sieberiing, Project GREEN, accepted. The Mayor noted the deletion of item 3f(1) resetting a public hearing. Moved by Larson, seconded by Horowitz, that the following items 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 7/11/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfront Comm. - 6/24/89; Mayor's Youth Employment Bd. - 6/20/89; PBZ Comm. - 7/6/89; Bd. of Library Trustees - 6/22/89; Sr. Center Comm. - 5/15/89; Bd, of Adjustment - 6/14/89; P&R Comm. - 6/14/89; Housing Comma - 6/13/89; Broadband Telecomm. Comm. - 6/21/89; Interim Bd. of Directors of the NPO - 6/6/89, 6/27/89. • Permit Motions and Resolutions: Approving a Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn Street. Approving a Class E Beer Permit for American Drug Stores, Inc, dba Osco Drug Store, 201 S. Clinton. Approving a Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College. Approving a Class E Liquor license for Hy -Vee Food Stores, Inc. dba Drugtown #2, 1222 N. Dodge. Approving a Class C Liquor License for 6:20 Inc. dba 6:20, 620 S. Madison, Approving a Class C Beer Permit for Voss Petroleum Corp. of I.C. dba Dan's Mustang Market, 933 S. Clinton Street. Approving a Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc. dba Carlos O'Kelly's, 1411 S. Waterfront. Approving a Class C Liquor License for Maxie's, Inc, dba Maxie's, 1920 Keokuk. RES. 89-185, Bk. 101, p. 185, ISSUING DANCING PERMITS. Motions: Approving disbursements in the amount of $9,095,901.33 for the period of 6/1 thru 6/30/89, as recommended by the Finance Director, subject to audit. Resolutions: RES. 89-186, Bk. 101, p. 186, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR LOTS 1 THROUGH 20 OF ROCHESTER HEIGHTS. Correspondence: Chamber of Commerce Arts Coordinator regarding a community arts center and requesting time on the Council's informal meeting agenda. The Board of Directors of The Arts Center urging Council's support of the inclusion of a multi -use arts facility Into plans for Urban Renewal Parcel 64-ia. Memo from the Traffic Engineer regarding designation of lane control at Benton Street/Riverside Drive. Ainrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. I Ili ; , Minutes Council Activities July 25, 1989 Page 2 A public hearing was held on an ordinance to amend Chapter 36, the Zoning Ordinance, to define used merchandise stores and permit them in the Commercial Intensive Zone. Melissa Williams, 722 Rundell Street, owner of The Second Act, and Susan Scott, 232 S. Summit Street, owner of Houssworks, appeared in support of the ordinance. Moved by Balmer, seconded by Horowitz, that ORD. 89.3426, Bk. 30, p, 27, VACATE A PORTION OF FIRST STREET EXTENDING WEST OF GILBERT STREET (Aero Rental), be Passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Larson, seconded by Balme, to adopt RES. 89-187 Bk.RESOLUTION OF INTENT TO CONVEY TO AEROrREt AL THE VACATED PORTIONiOF FIRST STREET RIGHT-OF-WAY, WEST OF GILBERT STREET and setting a public hearing thereon for 8/8/89 (Aero Rental). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-188, Bk. 101, p. 188, APPROVING OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR A PORTION OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL LSRD PLAN FOR LOT 1 db AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VI, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-189, Bk. 101, p. 189 AUTHORIZING SALE AND CONVEYANCE TO JACK MOYERS, et al. OF THE VACATED RIGHT- , OF -WAY OF LOOS STREET, BETWEEN ROCKY SHORE DRIVE AND BLACK SPRINGS CIRCLE. Councilmembers complimented all parties Involved for working out the situation so that the existing driveway will not have to be moved and the vacation can be done in a way that everybody gets what they need. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Jean Hood, Senior Center Commission, reported to Council on the development of a speakers bureau. Twelve older adults have been trained and 9 invitations received. Ms. Hood Presented a copy of the training manual to Council and asked it be forwarded to the City Manager for review. A public hearing was held on plans, specifications, form of contract, and estimated cost of the construction of the State Highway No. 1 at Interstate 60 Paving Improvements Project IR -60.7(56)246-12.52. No one appeared. Moved by Balmer, seconded by Courtney, to adopt RES. 89.190, Bk, 101, p. 190, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVE- MENTS PROJECT IR -80.7-(56)246-12.52 AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. Minutes Council Activities July 25, 1989 Page 3 The Mayor announced the following vacancies: Historic Preservation Comm. - one vacancy for a representative of Woodlawn District for an unexpired term ending 3/29/91; P&Z Comm. - one vacancy for an unexpired term ending 5/1/93; Mayor's Youth Employment Bd. - one vacancy for a three-year term ending 11/4/93; CCN Comm. - three vacancies for three- year terms ending 10/1/92; Bd. of Electrical Examiners and Appeals - one vacancy for a licensed contractor for a four-year term ending 10/26/93. These appointments will be made at the 9/5/89 meeting of the City Council. Councilmember Courtney noted the memo from the Airport Manager and Airport History Brochure produced by a group of University of Iowa Journalism students. He encouraged citizens to view the brochure on file in the Library. Courtney acknowledged the DARE program and the fact that the program will be Initiated this fall at Regina, He questioned the status of the newspaper vending machine ordinance and noted the letter from Atty. Bruce Haupert for a recommendation. The Mayor noted he had discussed the matter with the City Manager 2- 3 weeks ago and a meeting was to have taken place with City staff and various newspaper representatives to see if something could be worked out. The Mayor asked that the matter be scheduled for follow-up discussion. Horowitz stated a public input meeting was scheduled for Thursday, 7/27 on homeless in this community and asked people to become aware of the program, noting that 91 people were served free lunches on 7/24. The Mayor said he had discussed this with Human Services Coordinator Marge Penney and she would be attending the hearing. Ambrisco noted contributions of food or money were needed by the Crisis Centel Balmer acknowledged the letter from Cathryn Wilkinson, Arts Coordinator for the Chamber of Commerce, requesting council schedule time for discussion of a community arts center, and requested the matter be scheduled in the near future. Councilmember Larson stated that Richard Carper is walking and rolling across the country to raise money for residential care for people with AIDS and will be in Iowa City 7/31 at 5:30 p.m, for a rally on the Pentacrest. The Mayor noted that Councilmember Kubby had been selected by the National League of Cities to be trained to assist city councils on solving problems. Moved by Larson, seconded by Horowitz, to approve a permanent outdoor service area for Sports Column Corp, dba The Sports Column, 12 S. Dubuque Street. Councilmembers raised concerns regarding the ownership of the property. Asst. City Atty. Gentry explained that a quit claim deed had been executed but that a quit claim deed is not a warranty deed. Gentry said that information has been provided that perpetual easements rights exist in this alley. She concluded that it was a private property dispute between adjoining property owners and that the property forum would be a court of law. McDonald stated there was more Involved than the ownership question. Ally. Thomas Gelman, representing The Sports Column, stated that there were two separate Issues Involved. One of ownership and the other involving easements. McDonald restated that the ownership question was a private matter and should be resolved by a court of law but a primary concern on his part was the impact on adjacent property owners. Councilmembers noted the receipt of letters of objection from First Christian Church; Clifford Building Partnership; Florence Wikel; Atty. Allan Lett, representing Patricia Stach Chase and Carl Stach; and Atty. Bruce Haupert, representing Mrs. W. Clifford (Florence) Wikel. Letters reflecting no objection to the proposed outdoor service area were received from: Macht Incorporated and Williams Company. Individual Councilmembers expressed their views. The Mayor declared the motion defeated, 0/7, all Councilmembers present. Ally. Gelman stated the applicant had complied with the ordinance and noted that further guidance would be helpful If additional provisions above the ones established by ordinance were considered. Minutes Council Activities July 25, 1989 Page 4 Moved by Ambrisco, seconded by Horowitz, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENTS TO THE FY90 FUNDING AGREEMENTS WITH THE FOLLOWING AGENCIES: RES. 89-191, Bk. 101, p. 191, BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY, $377.00; RES. 89-192, Bk. 101, p. 192, DOMESTIC VIOLENCE INTERVENTION PROGRAM, $834.00; RES. 89.193, Bk. 101, p. 193, JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS, $257.00; RES. 89-194, Bk, 101, p. 194, NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, $965.00. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-195, Bk. 101, p..195, ACCEPTING THE WORK FOR THE BENTON STREET INTERCEPTOR SEWER PROJECT, WITH THE EXCEPTION OF LANDSCAPING IMPROVEMENTS DELETED THEREFROM AND INCLUDED IN A SUPPLEMENTAL CONTRACT. Kubby noted a typo error in paragraph 3 and requested the date of March 15, 1989 be changed to read March 15, 1990. Staff will make the necessary change prior to execution of the resolution. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-196, Bk. 101, p. 196, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CiTY CLERK TO ATTEST A SUPPLEMENTAL CONTRACT WITH TSCHIGGFRIE EXCAVATING QF DUBUQUE, IOWA, FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT, $18,300.00. Balmer questioned whether the amount was included in the original contract. Staffinember Fosse stated it was part of the original price and was being separated at this time to allow for the payment of sewer and paving Improvements and delay of landscaping until more suitable weather. He noted the original plans and specifications underestimated the quantity of sod but the amount stated in the resolution allowed full completion of the project, the actual figure over the anticipated original amount is not known at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-197, Bk. 101, p. 197, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1990 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK at $71,988.80, $59,987.20 and $33,716.80 respectively. Larson noted the raises given were in line with what the bargaining units had received and Council was fortunate to have these people in the positions. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to defer indefinitely the resolution authorizing the issuance of $5,000,000 Industrial Development Revenue Bonds (Michael Development of Iowa LP. Project) of the City of Iowa City, Iowa, for the purpose of making a loan to assist Michael Development of Iowa LP. In the financing of costs of a Project within the meaning of Chapter 419, Code of Iowa; authorizing the execution and delivery of certain financing documents pertaining to the project; authorizing an assignment of certain financing documents for further securing the payment of the bond; authorizing the sale of said bonds; authorizing the appointment of a trustee; and related matters. The Mayor declared the motion carried, 7/0, all Councilmembers present. R I I Minutes Council Activities July 25, 1989 Page 5 Moved by Larson, seconded by Horowitz, that ORD. 89-3427, Bk. 30, p. 28, AMENDING CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2,15-29,15-62,15-63, AND 15-64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND DISPOSAL OF VEHICLE BATTERIES AND WASTE OIL, ESTABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH ITEMS, DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT i TO COLLECTION, AND PROVIDING PENALTIES FOR PLACING SUCH WASTES FOR COLLECTION, be passed and adopted. Horowitz questioned If the ordinance referred to automobile batteries only and not other household batteries. Public Works Director Schmadeke stated the ordinance referred to automobile batteries only. AffirmaUve roll call vote unanimous, ; 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Horowitz, 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 that the second consideration be given at this time. Balmer questioned the procedure for notifying and getting assistance from industries of the special fee for disposal of special or hazardous wastes that must be buried separately from normal household solid waste. Public Works Director Schmadeke clarified that waste that could be buried in the working space ori the landrill was not charged anymore than the normal fee. However, if the waste had to be burled separately we discourage receipt and ask that they pre -treat it in such a manner to j allow burial in the normal working space. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, that the ordinance amending Chapter 32.1, "Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 32.1-55 thereof, j and enacting In lieu thereof a new section to be codified the same, setting the amounts of fees for the collection of appliances and tires and for the disposal of appliances and tires at the landrill, and Increasing the minimum fee for landfill use, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. J Moved by Courtney, seconded by Ambrisco, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. I I JOHN MCDONALD, MAYOR i MARIAN K. KARR, CiTY CLERK U Minutes Council Activities July 25, 1989 Page 5 Moved by Larson, seconded by Horowitz, that ORD. 89-3427, Bk. 30, p. 28, AMENDING CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2,15-29,15-62,15-63, AND 15-64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND DISPOSAL OF VEHICLE BATTERIES AND WASTE OIL, ESTABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH ITEMS, DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT i TO COLLECTION, AND PROVIDING PENALTIES FOR PLACING SUCH WASTES FOR COLLECTION, be passed and adopted. Horowitz questioned If the ordinance referred to automobile batteries only and not other household batteries. Public Works Director Schmadeke stated the ordinance referred to automobile batteries only. AffirmaUve roll call vote unanimous, ; 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Horowitz, 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 that the second consideration be given at this time. Balmer questioned the procedure for notifying and getting assistance from industries of the special fee for disposal of special or hazardous wastes that must be buried separately from normal household solid waste. Public Works Director Schmadeke clarified that waste that could be buried in the working space ori the landrill was not charged anymore than the normal fee. However, if the waste had to be burled separately we discourage receipt and ask that they pre -treat it in such a manner to j allow burial in the normal working space. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, that the ordinance amending Chapter 32.1, "Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 32.1-55 thereof, j and enacting In lieu thereof a new section to be codified the same, setting the amounts of fees for the collection of appliances and tires and for the disposal of appliances and tires at the landrill, and Increasing the minimum fee for landfill use, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. J Moved by Courtney, seconded by Ambrisco, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. I I JOHN MCDONALD, MAYOR i MARIAN K. KARR, CiTY CLERK U , I i� !� I 1 I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August 8, 1989 Iowa City Council reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding, Councilmembers present: Ambrisco, Balmer, Courtney, Kubby, Larson, McDonald, Absent: Horowitz. Staffmembers present: Atkins, Helling, Timmins, Karr, Vitosh, Fowler, Schmeiser. Council minutes tape recorded on Tape 89.47, Side 1, 1 -END and Side 2, END -545. The Mayor proclaimed August 12-13, 1989 as KNIGHTS OF COLUMBUS TOOTSIE ROLL DAYS. The Mayor noted the addition of item 2(b)(8) Airport Comm. minutes. Moved by Ambrisco, seconded by Balmer, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Oificlal Council Actions of the regular meeting of 7/25/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - 6/20/89; Historic Preservation Comm. - 7/12/89; P&Z Comm. - 7/20/89; Police and Fire Retirement Systems Bds. —Joint l mtg. - 7/25/89; Human Rights Comm. - 6/26/89; P&R Comm. - 7/12/89; Bd. of Incorporators of the N.P.O. - 7/11/89; Airport Comm. - 6/22/89, spec. mtg. I L Permit Motions and Resolutions: Approving a Class B Uquor License for Highlander, Inc. dba The Highlander Inn & Supper Club, 2525 N. Dodge Street. Approving a Class B Beer Permit for Lotito's Pizza Ltd. dba Lotito's Pizza Ltd., 321 S. Gilbert Street. ( II Approving a Class E Beer Permit for New Pioneer Cooperative Society dba New Pioneer ! Co-op, 22 S. Van Buren. Approving a Class C Liquor License for George's Buffet, Inc, dba III I George's Buffet, 312 E. Market Street. Approving a Class E Beer Permit for L&M Mighty Shop, Inc. dba L&M Mighty Shop, Inc., 504 E. Burlington. Approving a Class C Liquor I License for Senor Pablo's LTD dba Senor Pablo's LTD, 830 1st. Ave. RES. 89-198, Bk. } 102, P. 198, ISSUING DANCING PERMITS. { Correspondence: Vivian Buchan requesting that Irving Weber be formally designated as City Historian. Petition from 22 residents of the Longfellow School Neighborhood requesting that a permanent barrier be erected in the alley between Oakland Avenue and j Schrader Field. Memo from the Civil Service Commission submitting a certified list of applicants for the following positions: Budget Management Analyst; Animal Control Officer; Assistant TPO/Pollution Control; Sr. Maintenance Worker/Pollution Control; Maintenance ! Worker ]/Recreation - Mercer Pool Facility; Assistant TPO/Water; Police Desk Clerk. Memo from the Traffic Engineer regarding time limit for the parking meters on the west side of the 300 block of South Dubuque Street. Applications for the Use of Streets and Public Grounds: Iowa Association of the Deaf for permission to use downtown streets on 8/g/89, for a pickup to pull a wagon from which a group will sing a song in sign language, approved, First Methodist Church to close the alley in back of the church, between Dubuque and Linn Streets, for a pig roast on 9/17/89, denied. Canon Robert Holzhammer in behalf of the Johnson County CROP Committee to have the 1989 CROP Walk to Stop Hunger on 9/24/89, approved. I i 1 Council Activities August 8, 1989 Page 2 Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to set up a table on City Plaza during the period of 7/26-8/13/89, from which to distribute literature and offer buttons and crafts for donations, approved. James Clayton to set up a table on City Plaza on 7/30 and 8/2/89, from which to solicit signatures to a petition, approved. Balmer noted the letter from residents of the Longfellow Neighborhood requesting a barrier In the alley between Oakland and Schrader Field and asked that Council pursue the matter and try to work out a solution. The City Manager stated a report from staff would be prepared prior to the next meeting. Kubby raised concerns re the lag time between meetings of Boards and Commissions and the Council actually receiving the minutes. Larson stated the problem seems to be getting the minutes approved prior to Council receipt. The City Clerk will look into this matter. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Kubby, to set a public hearing for 8/22/89, on an ordinance to amend the Zoning Ordinance to permit an increase in building height in the Commercial Office, CO -1, Zone. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent, Moved by Balmer, seconded by Courtney, to set a public hearing for 8/22/89, on an ordinance to amend the Zoning Ordinance to clarify the rules and construction for zone boundaries. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. A public hearing was held on a resolution authorizing conveyance of a vacated portion of First Street rightof-way, west of Gilbert Street. No one appeared. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-199, Bk. 102, p. 199, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF FIRST STREET, WEST OF GILBERT STREET IN IOWA CITY, (Aero Rental). Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Larson, seconded by Balmer, 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 first consideration and vote be waived and the second consideration be given at this time. Council commended staff for coming up with an alternative solution and helping out such businesses. PPD Director Schmelser noted that the ordinance before Council did include the alternative language. Affirmative roll call vote unanimous, 6/0. Horowitz absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that the ordinance to amend Chapter 36, Zoning Ordinance, to define used t merchandise stores and permit them in the Commercial Intensive Zone, be given second vote I for passage. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Larson, seconded by Balmer, that the ordinance vacating a portion of the east - west alley right-of-way located between Governor and Summit Streets, north of Bowery Street and south of Burlington Street (Paul and Joan Victor), be given first vote for passage. The City Manager stated staff had reviewed the alley a number of times and that it was not the more i Council Activities August 8, 1989 Page 3 traditional alley relative to analysis and reports. However, various options were researched and no solution was seen and that he was very reluctant to close any kind of thorough fare. The Mayor declared the motion defeated, 0/6, with the following division of roll call vote: Ayes: None. Nays: Larson, McDonald, Ambrisco, Balmer, Courtney, Kubby. Absent: Horowitz. Moved by Balmer, seconded by Larson, to adopt RES. 89-200, Bk. 102, p. 200, APPROVING THE PROPOSED EXPANSION OF AN ELECTRICAL UTILITY TRANSMISSION SYSTEM BY IOWA -ILLINOIS GAS & ELECTRIC COMPANY at 2200 Heinz Road, Iowa City, Iowa, Kubby raised concerns regarding the screening on the northern side and questioned whether temporary screening should be required. PPD Director Schmelser stated that Council could require a solid fence but noted that the land to the north was presently undeveloped and that the proposed screening would be reaching maturity prior to the development. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Counciimember Kubby requested an update on her concerns regarding tire shredding. The City Manager reported that he had contacted the Linn County Health Department regarding their air pollution control efforts and stated that the company currently burning the shredded material did have the appropriate technology to handle the material. He was also advised that the company was obligated to go thru a hearing process to obtain a permit with the State Department of Natural Resources (DNR) and the Federal Environmental Protection Agency (EPA), and they are currently pursuing that process. City Manager Atkins reported that on Wednesday, 8/9, the City would be formally kicking off the Internal city employee sponsored paper recycling initiative. He said employees would be separating waste paper at their desks and disposal would occur thru an agreement with City Carton. Moved by Kubby, seconded by Courtney, to approve the Certificate of Sufficiency regarding the referendum proceedings relative to the resolution amending the Comprehensive Plan Update by changing the land use classification of a 28 acre tract of land along Highway 1 West, North and West of the Iowa City Municipal Airport from Industrial to General Commercial (Westport Plaza). James Clayton, 304 Reno Street, and Agnes Kuhn, appeared in support of referendum and requesting Council repeal their prior decision regarding zoning In that area. Anna Buss appeared in favor of the zoning and the proposed development, The Mayor stated that the referendum process has been allowed to proceed to this point and that It would be cheating the process to repeal the resolution and not give the citizens and opportunity to vote on this matter. Balmer concurred with the Mayor's remarks and stated that the action taken for that area was proper. Larson noted his distress with mis-stated facts re this matter, said there was no action Council could take tonight that would slop the project, and that the unpopularity of a decision can't effect responsible policy makers decision. Kubby asked that the Council consider slowing down the process by not issuing the building permit until after the election. Courtney stated his decision four years ago to run for Council was on an economic development ticket, noted no Interest in the parcel when It was zoned Industrial and that both sides of the parcel are commercial, applauded the efforts of the petitioners and asked the process to proceed with an election, Ambrisco said there was no reason to change his vote on the matter, hoped the community would not be torn apart regarding this, and encouraged it be placed on the ballot in November when as many people as possible could decide it. The Mayor stated there was not a majority of Council Interested in repealing the resolution and directed the City Clerk to prepare a list of election dates for review by Council 1 Council Activities August 8, 1989 Page 4 at their next meeting. In response to Kubby the City Attorney stated the projected time table for Issuance of a building permit to Westport Plaza/Joseph Company was 9/i. The Mayor declared the motion carried unanimously, 6/0, Horowitz absent. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.201, Bk. 102, p. 201, INTENT TO ACCEPT BIDS BY THE PREFERRED DEVELOPER, S -M PARTNERS, ON URBAN RENEWAL PARCELS C AND D, LOCATED IN THE LOWER RALSTON CREEK AREA, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 19, 1989, ON THE PROPOSED SALE AND CONVEYANCE OF PARCELS C AND D, AND DIRECTING THE CiTY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Ambrisco, Balmer, Courtney, Larson, McDonald, Nays: Kubby. Absent: Horowitz. Moved by Courtney, seconded by Ambrisco, to adopt RES. 89-202, Bk. 102, p. 202, ENGAGING AUDITOR FOR FISCAL YEAR ENDING JUNE 30, 1989, to KPMG Peat Marwick, Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 89.203, Bk. 102, p. 203, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1989. Kubby noted the miscellaneous category of "sales" and questioned what was sold. Finance Director Vitosh said surrounding communities or the I University may contact us to purchase parts for traffic signals and etc. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-204, Bk. 102, p. 204, AUTHORIZING APPROVAL OF THE AGREEMENT ON EXCHANGE OF INFORMATION t BETWEEN THE IOWA DEPARTMENT OF REVENUE AND FINANCE AND THE CITY OF IOWA CITY, relating to the City's receipts from the hotel/motel taxes, local sales and service tax. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, that the ordinance amending Chapter 32.1 entitled 'Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, by amending new permit fees for the Capitol Street Parking Ramp and a maximum dally rate for the Dubuque Street Parking Ramp, be given first vote for passage, Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that ORD. 89-3428, Bk. 31, p. 29, AMENDING CHAPTER 32,1, 'TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32,1.55 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME, SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE MINIMUM FEE FOR LANDFILL USE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Horowitz absent. The Mayor declared the ordinance adopted. I I } informal Council Session August 8, 1989 Informal Council Session: August 8, 1989, 6:25 p.m., Civic Center Council Chambers. Mayor McDonald presiding. Councilmembers Present: McDonald, Balmer, Courtney, Larson, Kubby, Ambrisco. Absent: Horowitz. Staffmembers Present: Atkins, Halling, Karr, Timmins, Smith, Schmadeke, Schmeiser, Vitosh, Fowler. Tape-recorded: Reel 89.46, Side 1, 277 -END, Side 2, END -1. UNIVERSITY/CITY RIGHT-OF-WAY AGREEMENT: Reel 89-46, Side 1 McDonald stated the University of Iowa and City have discussed different proposals regarding the right-of-way agreement for the past two and one-half years. McDonald stated this agreement tries to layout some type of format and review system where the City and University would meet on a periodic basis to review CIP programs. Larson asked City Attorney Timmins i to summarize the difference between this proposal and the last proposal that was made. Timmins stated the primary difference is originally the City hoped to prepare an agreement that would more or less embody the relationship and formal legal relationship of the City and University in granting each other the right to use one another's property for utilities and facilities and this agreement embodies more the planning and coordination. Timmins stated I this agreement does provide an opportunity for Input by the University and/or City. Timmins stated the agreement is intended to be used only when City projects affects University property or when University projects affect City property. Atkins noted the agreement includes the whole University environment including the hospital. Larson asked why the previous proposed agreement was not accepted by the University. McDonald explained the City previously sought a licensing agreement and the University felt the licensing agreement was too restricted. McDonald stated the current proposal allows the opportunity to review each other's project. Staff and Councilmembers discussed the proposal. Kubby stated the proposal should include a statement regarding coordination and timing of the project of rightof-way usage. Courtney asked who would be on the review committee. Atkins stated he will recommend Schmadeke, Schmeiser and himself as City representatives. Ambrisco asked that once the committee is established, the committee be asked when the University intends to tear up Burlington Street again to put In more repair work on the underground steam pipes. Councilmembers agreed that this proposal is a good step. Atkins stated he can communicate with the University by letter saying the City accepts the outline of the proposal. Atkins proposed the committee be convened to work out the initial details. Councilmembers agreed that a resolution by Council should be used to establish the agreement. McDonald stated Council needs to address the issue regarding approval to energize the Madison Street electrical generator. Larson stated it needs to be determined whether the University should pay the City a cable television franchise fee. Larson stated that Issue needs to be discussed. Timmins stated the City has to deal with the specific documentation for the project which will Include some form of easement to allow them to use the city streets for that purpose. Council directed Timmins to draft some type of easement to allow the University to use the streets. Minutes Informal City Council Session August 8, 1989 Page 2 CERTIFICATION OF SUFFICIENCY - REFERENDUM PETITION: Reel 89-46, Side 1 Karr stated Councilmembers received copies of the Certificate of Sufficiency that was delivered personally to Mr. Clayton and was sent registered certified mail to Ms. Gilpin. Karr stated the total number of certified valid signatures accepted by the City is 2,951, which does meet the criteria for the referendum total of 2,500. Karr stated that on Council's agenda there is a motion to accept the Certificate of Sufficiency which would then implement the 30 -day period for which Council is required to take action. Karr noted that Council has the option of repealing the resolution or calling for a special election on the question. McDonald stated formal Council Agenda Item No. 7 is a motion approving the Certificate of Sufficiency regarding the referendum proceedings. McDonald stated Council needs to give direction tonight. In response to Larson, Karr stated the actual calling of the special election would be by resolution. McDonald stated Councilmembers will discuss the Certificate of Sufficiency under Council Agenda Rem No. 7. PARKING PERMITS: Reel 89-46, Side 1 Karr noted Councilmembers received the proposed ordinance dealing with parking. Karr noted two corrections were made on the cover sheet of that ordinance. Vltosh noted Council - members did receive a memo regarding the additional parking permits and changes on the maximum all -day parking rate in the Dubuque Street ramp. Balmer noted Councllmembers also received a letter from the Chamber of Commerce. Balmer inquired about the problem with permit holders parking in the lower level of the parking ramps. Fowler explained requiring people to park In the upper levels of the ramp Is unenforceable unless the City uses permanent permits on bumpers. Fowler noted an old policy was set by the Legal Department stating the City cold not make people put things on their cars in certain places. Balmer stated he would not vote to approve the proposed changes without an enforcement mechanism. Council - members and staff discussed what levels of the parking ramp parking permit holders should park on. In response to Larson, Fowler said it would be a simple solution that would work to require parking permit holders to use a sticker. Balmer said adequate notice should be given regarding enforcement. Larson stated the key is making parking available for customers. Ambrisco noted that Des Moines; Cedar Rapids; Columbia, South Carolina; Roanoke, Virginia; and Winston- Salem all allow permit holder parking on the first two floors. Courtney stated the City should figure out the ways to get the top level of the parking ramps used. Balmer inquired about the number of parking permits staff is proposing to sell. Fowler stated occupancy figures were studied and it was decided 100 parking permits were too many. Fowler said 75 parking permits would use the available space and meet the demand the public has. Kubby asked what would happen when Parcel 64-1A is developed. Fowler stated most parking permit holders will be able to use the Dubuque Street ramp and that is why the City made the recommendation for these permits in the Capitol Street ramp. Staff and Council - members discussed the use of parking permits in the Capitol Street and the Dubuque Street ramps. Fowler stated that 99 percent of the time there will be adequate room for parkers and permit holders. Councilmembers noted that Vitosh and Fowler did an excellent job in preparing the changes. Ambrisco inquired about the handicapped parking space penalty. Fowler stated that penalty is $25. Councilmembers discussed the demand for parking permit holders and the impact of future development in the downtown area. Fowler noted 91 people are currently on the waiting list for parking permits and that will increase when University students return to town. Courtney Minutes Informal City Council Session August 8, 1989 Page 3 suggested the City establish a pilot program where parking permit holders could park anywhere for $55 or $60 and only on the top floors for $35 or $50. Vitosh stated the demand Is still there for permits, so the City should not have to reduce the price for those permits. Balmer asked what would happen H in the future the City would need to eliminate some permits. Vitosh said elimination of permits could be done through attrition and also the City is considering additional parking facilities near the Civic Center lot. Regarding the $25 handicap parking space penalty fee, Timmins stated the Iowa City Code has already established that $25 fee and the City will make the necessary changes in the proposed ordinance prior to Council action the following evening. Regarding the parking permits, McDonald asked if changes were made to address demand or to generate revenue. Fowler said there Was a demand for additional parking permits. In response to McDonald, Fowler said the changes would be a change in policy in that the City's policy was to make sure there would be adequate spaces for shoppers in the Capitol Street ramp at all times and now the shift is to make parking available in either ramp. Courtney asked If the changes posed potential loss of revenues. Fowler stated some people paying all day in the Capitol Street ramp would buy permits which could result in a loss of revenue, and a result in the loss of revenue could occur H a maximum daily rate in the Dubuque Street ramp is approved. Councilmembers discussed the number of permits, the cost of permits, and an enforcement mechanism. Atkins noted that Parcel D has parking potential. Vitosh noted that parking ramp Income is well above what the City needs to satisfy bond covenants. Council agreed to proceed with recommendations and direct staff to prepare an enforcement policy proposal. Vitosh noted that Bob Quick, Executive Director of the Chamber of Commerce, may be contacting Councilmembers re the proposal. COUNCIL TIME/AGENDA: Reel 89-46, Side 2 1. (Agenda Item No. 31 - Ordinance vacating a portion of the east -west alleyway located between Governor and Summit streets) Kubby asked why this item is on the agenda. Atkins stated that City staff, including Jim Brachtel and himself, have studied the problem and could not come up with a solution. Atkins stated he cannot recommend blocking the alley off. Schmeiser stated that the property owners, the Victors, can put up a solid fence. The meeting adjourned at 7:28 p.m. '7--a a I