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HomeMy WebLinkAbout1989-11-21 Council minutesE } COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES ri November 21, 1989 Iowa City Council, special mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, f McDonald. Absent: None. Staff members present: Halling, Timmins, Karr, O'Neil, Vitosh. Council minutes tape recorded on Tape 89.67, Side 1, 1 -End and Side 2, End -368. The Mayor proclaimed December 3-9,1989, as "CITIES FIGHT BACK AGAINST DRUGS WEEK." Balmer requested item 3d(1), memo from the Traffic Engr. regarding the alley north of the 900 block of East Market Street, be deleted from the Consent Calendar and considered separately. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations In the Consent Calendar be received, or approved, and/or adopted as amended: Minutes of Boards and Commissions: Broadband Telecomm. Comm. -10/1B/89; Riverfront Comm. - 10/18/89; Design Review Comm. -10/16/89; Airport Zoning Comm. - 11/13/89: Permit Motions: Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo, 118 S. Dubuque Street. Approving a Special Class C Beer/Wine Permit for Binh Van Nguyen dba Liberty Restaurant, 1568 S, First Avenue. Approving a Class C Liquor License for INC, Limited dba The Sanctuary Restaurant, 405 S. Gilbert. Approving a Class B Beer Permit for Clean Livin' Inc., dba Duds 'n Suds, 5 Sturgis Drive. Motions: Accepting Abstract of Election for City election held 11/7/89. (At - Large: John McDonald and Naomi Novick; District B: Darrel Courtney; Ballot issue re Comprehensive Plan - failed). Applications for City Plaza Use Permits: Latin American Human Rights Advocacy I Center for permission to set up a table from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Balmer stated that the Issue relative to the Traffic Engr.'s memo on East Market Street was two -fold. One, that the recommendation to change the one-way alley to two- way was based on the 6-5 response of the postcard survey and two, a question regarding the process itself. Balmer stated that the Intent of the one-way alley was to discourage people from cutting through the alley to get to Governor Street and was concerned about the change i to two-way from a safety factor. Larson noted earlier discussion at Council's informal session to postpone consideration of this item until after additional Input was received from the Traffic Engr. Council agreed to defer consideration of this Item until more Information was received i i h { III Council Activities November 21, 1989 Page 2 i s ! Moved by Larson, seconded by Ambrisco, that ORD. 89.3444, Bk. 31, p. 45, TO CHANT EVOR CIRCLE LE Dunanimous, Affirmative of callnvoOF y n mous 0, IITCouncilmembers presets a passed The Maynd adopted. the ordinance adopted. or declared r, Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.271, Bk. 102, p. 271, APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR NATIONAL COMPUTER SYSTEMS (NCS) LOCATED AT 2510 NORTH DODGE STREET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. I Rob Wrisberg, 1100 Arthur, appeared and requested Council consideration of additional bus service to the southwest side Iowa of City, specifically Rohret Road and Mormon Trek west. The Mayor noted that this matter would be discussed during the budget discussions in January. Kubby inquired as to whether there would be separate discussion at a separate time regarding transit. The Mayor stated that decision had not been made, A public hearing was held on an ordinance amending Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, "Airports entitled and Aviation," by repealing Article V thereof, entitled "Airport Zoning," and by enacting in lieu thereof Article V, "Airport Zoning," as amended, .1 which amendments provide for the rearrangement and renumbering of sections, provide for a revised airport zoning map, provide for provisional modification of height and use limitations, and clarifies the provision requiring notification to the Federal Aviation Administra- tion of proposed development. Airport Commissioner Richard Blum distributed a handout regarding airport zoning.' John L� Dane, R.R. #7 and owner of property around the airport, appeared. Moved by Larson, seconded by Horowitz, to accept the correspondence I Commissioner •h from Blum and a letter from Atty. Charles Barker, representing West Side Co. The Mayor declared the motion carried i unanimously, 7/0, all Councilmembers present, I A public hearing was held on the Issuance of $2,960,000 General Obligation Bonds. Finance Director Rosemary Vitosh appeared and distributed a revised page entitled "Debt Service Schedule" from the Presale Analysis. Wayne Burggraaff, representing Everson & Dodge, appeared. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.272, Bk. 102, p, 272, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF I $2,960,000 GENERAL OBLIGATION BONDS. Councilmembers noted the Aaa bond rating held by the City and complimented staff their on work to attain and maintain this rating, Kubby noted that the bonds were being sold for purpose of a number of capital improvements such as the sewerage treatment works and facilities; existing City parks improvements; bridges and I culverts; waterways; and acquisition of real estate for street Improvements, ! Affirmative vote unanimous, 7/0, all Councilmembers present. The Mayor droll calleclared the resolution adopted. vacancy for an unexpired term ending 3/13/91. Tnis appointment will be made at the Council I The Mayor announced the following vacancy; Broadband Telecomm. Comm. - one meeting of 1/9/90. i I i i s i r, I .1 l' L� � •h ! i Council Activities j November 21, 1989 i Page 3 Councilmember Kubby inquired as to how many temporary part-time City employees had been with the City for a period of time. She requested staff provide a list of individuals and jobs. Larson updated the public on the status of erosion problems surrounding Cliff I Apartments and stated materials had been ordered to preclude further erosion. Ambrisco reminded everyone of his interest to pursue an ordinance that would penalize railroads for blocking intersections for too long a period of time, noting a memo from the City Attorney on the subject. Horowitz reported on a speaking engagement to the third grade class at Mark Twain School. Kubby asked for information regarding the status of the Ardenla facade to be i used at Summit Place. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-273, Bk. 102, p. 273, AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT FOR 1990 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED { THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE I f1 OFFICER FOR THE GRANT. Kubby noted that amendments would have to be made if cuts ! were announced and that a worst case scenario would not allow the contingency to cover the i cuts. Ambrisco complimented CCN for the report which accompanied the recommendations. ;. Council discussed the procedure for citizen input and that the public was encouraged to attend h these hearings even if their programs or projects were not recommended for funding. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. J Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-274, Bk. 102, p. 274, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINA- TION AGREEMENT BETWEEN THE CiTY OF IOWA CITY, IOWA, AND MID-AMERICA SAVINGS BANK FOR PROPERTY LOCATED AT 1830 4STREET. 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. 89-275, Bk. 102, p. 275, I „� AUTHORIZING EXECUTION OF A LIMITED RELEASE AGREEMENT CONCERNING STORM- WATER MANAGEMENT WITH HUNTER'S RUN SUBDIVISION, PART IV. Horowitz stated that if the developer had put ground cover down and kept it so it was mowable, we wouldn't have this problem. Larson clarified that the City is changing the nature of the hold on the property to enable people to get mortgages on their lots and that the City was still maintaining control Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, that ORD. 89-3445, Bk. 31, p. 46, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 17-2 AND 17.3 TO REQUIRE OWNERS OF RENTAL PROPERTY NOT RESIDENTS OF JOHNSON COUNTY AND CONDOMINIUM ASSOCIATIONS TO DESIGNATE A LOCAL AGENT EMPOWERED TO REPRESENT A PROPERTY OWNER(S) CONCERNING COMPLIANCE WITH THE IOWA CITY HOUSING CODE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the ordinance adopted. �I �I m A Informal Council Session November 20, 1989 Informal Council Session: November 20, 1989, at 6:40 p.m. in the Council Chambers. Mayor John McDonald presiding. Councllmembers Present: McDonald, Ambrisco, Courtney, Horowitz, Kubby, Larson, Balmer. (McDonald left meeting at 8:30 p.m.) Staffinembers Present: Atkins, Karr, Timmins, Halling, Schmeiser, Schmadeke, Gentry, Boothroy, Seydel, Sueppel. Tape-recorded: Reel 89.65, Side 1, 1 -END, Side 2, END -1; Reel 89-66, Side 1, 1 -END, Side 2, END -1. PLANNING & ZONING MATTERS: Reel 89.65, Side 1 A. ORDINANCE TO CHANGE THE NAME OF DYNEVOR CIRCLE TO LITTLE CREEK LANE. No Council comment B. I Schmeiser presented the LSNRD plan. Schmeiser stated the LSNRD is for a 15,625 square foot addition to the NCS complex located in the northwest quadrant of Highway 1 and Interstate 80. Horowitz referred to the location of the stormwater system on the j map. In response to Larson, Schmeiser explained that the location of a future road j across the property still has to be negotiated but that it should be located along the floodplain of Rapid Creek. Kubby noted that this is the third time In the last three Council meetings where developers had started work before final approval is given by Council. Kubby stated that there is the perception that things are done before Council approval is given. Atkins stated that whenever the City approves a foundation permit It is at the developer's risk and the biggest complaint received from developers Is that the City's process takes too long. McDonald noted that there is often a time element involved and that Schmeiser and Atkins give full review of the development prior to Issuing a foundation permit. Kubby stated developers should be put on call to come in two weeks earlier to start the process. Balmer stated that the City is just trying to facilitate good growth and quality development. Corner of First Avenue/Washington Street P Zoning Courtney inquired about the First Avenue and Washington Street P zoning Issue. Courtney asked if there could be a process that when P zoned properties are sold they could immediately be reverted to the surrounding land use. Schmeiser explained that the P zone serves mainly as notification to adjacent property owners that the land is in public ownership and that land in public ownership is not controlled by the Zoning III Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 2 Ordinance. Schmeiser stated if that land reverts to private property, it is to be rezoned to another classification. Schmeiser explained that since it is zoned P, technically it means the property cannot be used for any use in some other zone. Ambrisco stated F' there should be some process where the rezoning is automatically triggered. Timmins y explained that the Code does require that "should any land be sold, conveyed or i; transferred to anyone other than the government of the U.S., America, or State of Iowa, or political subdivision the buyer or transferee must submit an application to the City i" for rezoning to a zone other than a political zone." Timmins stated there is ample authority in the Code for the City to initiate rezoning and submit a notice to them. In k response to Courtney, Schmeiser stated the owners of the property located at First Avenue and Washington Street are well aware that they are supposed to have submitted an application for rezoning. Courtney asked if any other P zoned property is privately r` owned.- Schmeiser stated he doubted it. The Council requested staff proceed in I' a initiating a request to rezone the property from the P classification. Addition to Aoenda 1 i r Karr noted that a motion to set public hearing for December 12, 1989, to receive citizen I: comments on the extension of the Rental Rehabilitation Program Target Area to include the Summit/North Dodge Neighborhood has been added to the agenda as Item No. 16 for the Council meeting of November 21, 1989. SOLID WASTE MANAGEMENT - ECICOG REPORT: Reel 89-65, Side 2 j Horowitz Introduced Robert Bamsey, an engineer with Donahue and Associates; an engineer consulting firm under contract with ECICOG to develop a comprehensive solid waste management plan for the six counties of Benton, Iowa, Jones, Johnson, Linn and Tama. ! Robert Bamsey distributed a hand-out, East Central Iowa Comprehensive Solid Waste Management Plan. Bamsey stated he will present background information on the report and summarize the preliminary conclusions and recommendations. Bamsey reviewed the following ` overhead projection charts: Prolect Flowchart - Comprehensive Solid Waste Plan. Bamsey noted that one of the key elements to this chart is public awareness and public education. ECICOG Study Area, Bamsey noted the study area consists of six counties: Benton, Iowa, Johnson, Jones, Llnn, and Tama and the populations served in the six -county region is approximately 330,000 people. I i � I i i r Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 3 RCRA - Subtitled D. Bamsey summarized the House File 631 Groundwater Bill and House File 753 Waste Reduction and Recycling Act. Bamsey stated that the three places of legislation that Is important in the efforts toward alternatives to landfill are the RCRA, House File 631, and IS; House regulated hazardous waste facilities and now incorporates regular solid waste landHouse File 753. Bamsey explained the RCRA is federal legislation that has traditionally fil File 631 is legislation that requires the Comprehensive Plan and moves toward tighter landfill restrictions; and House File 753 provides prohibitions on various materials for landfilling. Comprehensive Plan Schedule. Bamsey explained the comprehensive planning required by the Groundwater Bill established that any permitted solid waste disposal facility must undergo j development of a Comprehensive Plan before it got its next permit and it also required that when the permit is up for renewal, the Comp Plan will be amended or revised. Bamsey explained that it requires that any permitted landfill atter July 11988would have to undergo comprehensive planning; with Implementation of part of th, , e Part 2 Comp Plan requirements the Comprehensive Plan by 1997. i by 1992; and implementation of steps in the Comp Plan by 1994, and full implementation of Waste Management Hierarchy. Bamsey explained the Groundwater Bill also establishes a hierarchy and that the planning effort needs to be evaluated and implemented in the following order: Step 1 Volume Reduction and Source Separation, Step 2 Recycling and Reuse, Step 3 Waste -to -Energy, Step 4 Volume Reduction Through Incineration, and Step 5 Landrilling, State Groundwater Protection Fee. Bamsey explained the Groundwater Bill established a groundwater protection fee which Includes that each ton of solid waste, after July 1, 1988, pays an amount to the disposal facility. A portion of that amount is retained by the permit holder and the remaining portion of the fee returned to DNR. Bamsey explained a portion of these fees are retained by the State and portions of the fees retained by the permit holder for use In implementing the various alternatives. Bamsey noted that there are state grant funds that will continue to be made available for the implementation phases. House File 753 Waste Prohibitions. Bamsey explained that House File 753 prohibits various materials such as waste oil, batteries, unprocessed tires, and yard waste. Bamsey explained yard waste is prohibited from the waste stream as of January 1991 and the bill also established that by July 1, 1994, there should be targeted 25% reduction in the waste stream and by the year 2000 there should be targeting 50% reduction in the waste stream based on 1988 tonnage. In response to Larson, Bamsey said these are State legislative goals. + Industrial/Commercial Waste Generated by the County. Bamsey noted that these figures j represent approximately 575 tons per day of industrial/commercial waste. Breakdown of Residential Waste Stream. Bamsey reported that 485 tons per day is generated trom the six -county region. ,L t Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 4 o'uuy .,red - nesicenaai and industrial/Commercial (Pie Chart). Bamsey noted that there is a goal by year 2000 to achieve 50% reduction and as seen on the pie chart, Iowa City cannot concentrate on any one sector and achieve the 50% reduction. ECICOG Study Area - Residential Waste Stream. Bamsey presented information about the overall study waste breakdown by category and reviewed the typical breakdown: 30% paper, 10% corrugated, 20% yard waste.... ECICOG Study Area -Industrial/Commercial Waste Stream. Bamsey noted that the City does have a signit(cant amount of paper and the total study area waste stream is 1,050 tons per day. Bamsey presented information regarding the Technical Advisory Committee's conclusions and recommendations. Bamsey stated that the Technical Advisory Committee is seeking public Input. Kubby asked when will there be time for public input. Horowitz noted that beginning In December locally elected officials will be asked for input and public Input wilt also be asked for. Kubby asked for information regarding Input from other counties. Bamsey said it is important to understand that these are preliminary conclusions and recommendations, that whatever ECICOG does it will have to provide a level of flexibility, and it is important to adopt a plan that Includes various aspects of any of the steps in the hierarchy. Bamsey stated that there are levels of risks and capital associated with each technology and it is recommended that the City look at low risk, low capital alternatives first. Bamsey summarized Information from the East Central Iowa Comprehensive Solid Waste Manacement Plan as follows: Reduction Step. Bamsey stated It is recommended that in one of the Initial steps there be an audit or inventory and that some regional body or regional entity be established to coordinate that effort on a regional basis. Bamsey stated that regional aspects of tying together some of the landfills should also be looked at. Comoostino. Bamsey stated that it is recommended that composting be considered as a means to dispose of yard waste and that a series of composting systems were evaluated and It is recommended that each county look at a composting system - a County -wide, central - wide composting system. Bamsey reported that backyard composting will be encouraged and that the composting system be paid by people who set the yard waste on the curb for pick- up. In response to Kubby, Bamsey stated there should be a system whereby those generators of compost are those who pay for the operation of the compost system. Bamsey stated that the Intent is to pass costs on to those who generate the compost. Bamsey explained the regional entity should establish goals within the framework of the House File 753 legislation and that at a minimum there be a voluntary drop-off center for recycling and curbside recycling programs. Bamsey explained that it is recommended that the cost of collection of recyclables versus compost should be spread throughout the entire waste stream. Bamsey noted that r- I I r.l I� Minutes Iowa City City Council Informal Council Session November 20, 1959 Page 5 House File 753 establishes that the State will use recycled materials and that it is encouraged that the region adopt similar policies requiring the use of recycled materials wherever possible. Bamsey said It Is encouraged to look at joint purchase of materials from a regional basis and promoting and publicizing recycling as an ongoing effort, Waste -to -Energy. Bamsey stated two systems were evaluated: 1) mass burn, and 2) RDF facilities, Bamsey stated mass burn is not recommended for consideration for public ownership and operations. Bamsey reviewed information about the RDF facilities. Bamsey reported that RDF doesn't carry the same level o1 risks as mass burn system and the advantage of the RDF system is the ability to shift fuel to alternative energy users. Bamsey noted that RDF is currently undergoing testing in the State of Iowa and there are preliminary indications that fuel from the typical RDF system will be compatible with most coal burning facilities. Bamsey stated it is recommended that only a portion of the waste stream be committed to any waste - to -energy facility. In response to Balmer, Bamsey stated that one of the RDF markets could use everything the city generates. In response to Larson, Bamsey stated that with any waste - to -energy facility, waste would first have gone through the first two steps of the hierarchy. Bamsey noted that yard waste cannot be landfilled or incinerated and that you could not incinerate anything that could be recycled. Bamsey noted that one of the energy markets can handle a waste stream of 1,000 tons a day and incinerate it. Ambrisco asked If the waste -to - energy facility produces methane. Bamsey stated a pelletized fuel is produced and then co - combusted with coal. Ambrisco asked if Dick Myers participated on the Technical Advisory Committee. Horowitz stated no, but the Board of Supervisors were invited to tonight's presentation, Ambrisco noted that Dick Myers told him about a personal visit to an incineration facility in Wisconsin. Ambrisco Inquired about the University's proposed plans to construct an incinerator. Horowitz noted that facility is being built. Larson stated there is a facility in operation in Ames that derives fuel for the City. Bamsey explained that there are a couple of systems where municipal solid waste is being sorted and pelletized and shipped off for incineration and what is currently being tested is the combustion criteria and air pollution criteria. Larson Inquired about the Ames facility. Bamsey stated it is an RDF facility. Horowitz stated that the Technical Advisory Committee really wants to concentrate on the first couple of priorities - source separation and recycling, including the change of behavior. Larson referred to the East Central Iowa Comprehensive Solid Waste Management Plan, page 4, "Individual collection systems should address curbside recycling programs independently .... it does not, however, appear to be justified on a regional basis at this time." Larson asked why It's not a policy decision whether curbside recycling is justified or not, Bamsey stated that it Is trying to say that there doesn't seem to be one curbside program that is universally applicable to all the collection systems in this region currently. Atkins stated those are local policy decisions and that operationally we should make our own decisions for our own community. Atkins stated that House File 753 very clearly says that each city and county will adopt their own ordinances and that as a City government, we have the operational decisions to make with respect to collection. Atkins noted that Iowa City is also acting as the County authority because Iowa City runs the landfill. T ,- I Minutes Iowa City City Councif Informal Council Session November 20, 1989 Page 6 Horowitz reported that a meeting is scheduled at the Civic Center on Tuesday, November 21, 1989, at 2:00 p.m. with the Policy Advisory and Technical Advisory committees in which recommendations, changes and corrections will be made to ECICOG. Horowitz noted that she has already submitted a critique of the Comprehensive Plan. Larson stated he did not understand how Horowitz could react to what has been proposed without finding out how the City wants her to react. Horowitz stated she is ECICOG's representative. Horowitz stated this Is an umbrella comprehensive plan. Kubby asked if additional changes will be made. Horowitz stated yes. Atkins stated that if Council chooses to create authority of some sort, Council will have adequate representation. McDonald asked about the timeframe regarding submission of the Comprehensive Plan to the DNR, Craig Sonsken stated the original contract for grant expires December 15, but a 30 to 60 day extension could be obtained. Staff and Council discussed the planning process as it relates to DNR requirements. Atkins noted that staff has called the DNR to talk about the City's plans for a composting system. Horowitz stated that y Council should keep in mind that some things can be done on a regional basis, some sub - regional and some individually. McDonald noted we will proceed. ENVIRONMENTAL ADVOCATES: Reel 89.66, Side 2 Joe Bolkamp distributed Composting Your Yard Waste In A Holding Bin. Lynnette Sigley presented general comments regarding recycling. Sigley stated she is glad to see the City making efforts on establishing compost site and was glad to see that no plastic was Involved in the composting materials. Sigley raised the concerns regarding the cost of the project and stated the composting project Involved a long-term commitment of resources In terms of personnel and equipment. Sigley stated the plan does not Include any Initiative for source reduction at the site and there needs to include education in terms of promoting source reduction of compost material at the site. Sigley stated that she hopes there will be a plan that can adopt the future recycling efforts. Larson inquired about Sigley's`background and expertise. Sigley stated that she works for the DNR and is active in recycling at home. Larson and Sigley discussed the lack of incentive for source reduction of compost materials by individuals. Sigley said there has been no education Involved in trying to get people to reduce. Atkins stated that flyers have been prepared on composting, Council has a policy question that will need to be addressed on compost Issue and the health-related circumstances, the City is working on developing videos for cable TV, and the City has contacted the school system regarding the curriculum for young people concerning resource recovery and recycling. Larson Inquired about the matter of cross Incentives whereas the proposed program may lead to more yard waste. Atkins stated that initially there is a concern, but the Initial goal Is to begin the changing of habits. Atkins explained that once the system Is operational, then the City can offer different types of things such as volume -based rates. Larson asked if the capital expenditure and size of the City's project depends on the cooperation of other communities. Atkins stated no, the City will scale the project accordingly. Kubby stated other communities may find it is more economical to join Iowa City. Atkins stated the City has the ability to - I 1� i y i' I ' I I' Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 7 control the slie of the composting system and it will be built to a scale that meets the City's needs and the needs of other folks. Atkins stated the program as proposed should get greater participation. Ambrisco stated the proposed yard waste program allows people who don't want composting in their own back yard to use a compost system. Joe Bolkamp asked If other options were considered. Atkins answered yes. Atkins explained he could not find an option In his judgment that got the type of participation that the curbside composting process as proposed would get. Atkins explained that he tried to present a program to get the most people Involved in the fastest and quickest way. Courtney Inquired about equipment needs for the yard waste compost program. Atkins stated that the purchase of a chipper was initially proposed because of the Christmas tree program. Courtney asked if the only way the City could get away without buying any equipment was totally banning yard waste. Atkins stated yes, if the City forced compost piles. Kubby noted that equipment could be used in future recycling programs. Kubby asked if Environmental Advocates had any specific suggestions on what programs would work better for Iowa City. Joe Bolkamp said Environmental Advocates has a specific proposal regarding setting up neighborhood compost piles. People would deliver their own grass clippings to a neighbor- hood site and City equipment would then move material out to a compost facility. Counciimembers and Bolkamp discussed neighborhood compost piles. Ambrisco supported Atkins' proposal. Steve Miller, Environmental Advocate, stated he is disturbed to see huge amounts of money committed to the composting project and hoped a similar commitment is made to a voluntary drop-off recycle center. Steve Miller stated that there Is a need for real commitment to a comprehensive program. PAN TRANSFIONAL FUNDING REQUEST AND PROGRESS REPORT: Reel 89-66, Side 1 Halling noted Counciimembers received the request from the PAN Board for approval for funding for the transition budget. Halling reported the Board is up and running and there are nine permanent members on the Board. Halling stated that the Board has targeted the date April 1st to actually take over operation from Heritage Cablevision. Halling noted the proposal Is for a transitional budget that should not exceed $16,000 in addition to what has already been spent In order to take over the program, Halling reviewed monies spent to date Including $7,800 for personnel and $11,800 for the consultant. Hailing noted that there is a request for $1,500 for separate legal counsel. Larson asked if the City's legal staff could do the legal work for PAN. Hailing stated the City's legal staff will do the legal work on behalf of the City, but there will probably be a three -party agreement between the City, Heritage Cablevision, and PAN. Halling noted that Kristin Evanson and Paul Mask from PAN were available for comment. Kristin Evanson reported that work has been done on staffing plans, Insurance, and equipment review to Insure an orderly transition. Currently work Is, being done on Increasing public awareness and public use of the services. Kubby asked if the Committee has talked about paid staff versus all volunteer staff. Evanson stated there were discussions about accommodations, but doubts were raised that the program could be run totally as a i -i i l ■ Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 8 volunteer operation. Evanson stated that a volunteer coordinator is needed to actively keep track of the volunteers. Councllmembers favored the transitional funding. CITY CODE UPDATE AND READOPTION PROJECT: Reel 89.66, Side 1 Timmins stated this discussion has been rescheduled for the next Council meeting. The Mayor left the meeting. LEGAL DEPARTMENT STAFFING: Reel 89-66, Side 1 Councllmembers received November 20, 1989, memorandum from Timmins regarding addition of full-time Administrative Clerk/Typist in the Legal Department, June 23, 1987, memorandum to all current City employees and the general public from the Human Relations Department regarding fob vacancy Assistant City Attorney, and a packet of information from the .Legal Department regarding outside counsel costs Hayek Law Firm summary services obtained and fees paid to the Hayek Law Firm, cost of legal services provided by the Legal Department FY90, tort lawsuits, and September 9, 1988, memorandum from Timmins regarding the proposal for Legal Department reorganization. Balmer noted his frustration on getting information the night of the meeting. Balmer emphasized Council should have the benefit of having Information prior to discussion. Timmins stated the discussions regarding Legal Department staffing took place during review sessions with the City Manager and Mayor regarding Legal Department work schedules and priorities. Timmins stated staffing is an Issue due to the resignation of BIII Sueppel and loss of temporary personnel. Timmins presented Information about the secretarial/clerical position. Timmins explained currently there is one secretary in the Legal Department. Timmins stated that there is not enough secretarial/clerical staff to handle the paperwork three attorneys can generate and the time has come to staff the department with a full-time Clerk/Typist position. Timmins stated a proposal for the Administrative Clerk/Typist could be presented to Council at Council's next meeting for their consideration. Timmins presented information regarding staffing of the attorney positions. Timmins reviewed the previous Assistant City Attorney Job vacancy description as outlined in the June 23, 1987, memorandum. Timmins explained that if the City were to staff the office with the same kind of experienced position currently held by BIII Sueppel, the 1990 salary range would be $29,286- $39,832. Timmins stated that the Legal Department hopes to make the salary offer commensurate with experience. Timmins reviewed a hand-out regarding outside counsel costs. Timmins noted that during the first quarter of FY90 the City paid out $8,981.04 of legal expenses. Timmins stated that economically the City is approaching a point where it may be more feasible for the City to look at an additional attorney rather than to continue paying I 3r iI � n iI ■ i Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 9 outside counsel. Timmins emphasized that if Council chooses to stay with the present staffing system, the Legal Department will be quite happy to continue to work hand-in-hand with the Hayek Firm and other firms to provide legal services to the City. In response to Kubby, Timmins stated that the current Insurance carrier now allows the City more flexibility in utilizing In-house counsel or counsel of the City's choice to represent the City. Kubby inquired about the Legal Department's budget as it relates to outside counsel. Atkins stated there is an annual appropriation in the Legal Department's budget and additional funds are transferred from the contingency account. Atkins stated the costs can also be looked at from an expense standpoint. Balmer asked by proposing two new additional individuals, would the City be able to guarantee that the City would never have to rely on outside counsel. Timmins stated that dependence on outside counsel would be significantly reduced. Horowitz asked it the City would continue utilizing an outside lawyer for cases currently being handled by that lawyer. Timmins stated that a decision would be made In each particular case. Timmins noted that it would not be advisable to pull cases away from existing counsel Timmins reviewed the Hayek Firm billings. Timmins noted that the billing reflect an average of $75 an hour for their representation and that he would show that In-house costs of providing legal counsel is considerably less than that. Timmins reviewed the hand-out Costs of Legal Services Provided by the Legal Department: M90. Timmins noted that a 40 -hour work week is assumed, but the Legal Department works more than a 40 -hour work week and that the Legal Department's per hour cost of legal services is slightly over $40 per hour. Timmins reviewed the tort lawsuits list. Timmins proposed changing staffing in the Department at the entry level to create an entry level position to deal with things like magistrate's court and to establish a litigator to handle tort cases and jury cases. Timmins reviewed Information regarding the workload relating to municipal infractions and its Impact on the Legal Department's office. Timmins also noted that each attorney in the Legal Department's office is assigned certain departments and boards and commission they have to staff. Balmer asked if the Legal Department needs a full-time Administrative Clerk/Typist immediately. Timmins stated yes. Ambrisco asked if the Legal Department has access to the City's Word Processing Center. Timmins stated yes, but there is too much work in the office for one person to handle. Larson stated that a decision was not necessary tonight, but could be made during Timmins' evaluation in a couple of weeks. Larson proposed that the City advertise for both attorney positions. Larson stated that by approving advertising for two attorneys at tonight's Council meeting, Council will have received responses from those ads by the next Council meeting. Larson said there is some sense in having an entry level attorney handle I� II Minutes Iowa City City Council Informal Council Session November 20, 1989 Page 10 f„ magistrate's court, Council and Timmins discussed the pay range for the attorney positions and the Administrative Clerk/Typist position. Timmins noted that no matter what is advertised, the City always receive a range of applicants. In response to Ambrisco, Timmins stated that n whatever process is used, you want to make sure people get enough time to respond to the p advertisements. Halling noted there are no specific time requirements. Councllmembers i a discussed the Clerk/Typist and City Attorney wage ranges. Courtney stated more Information Is needed regarding wage rates. Helling noted the range for an Administrative Clerk/Typist is $8.14 per hour - $16,931 per year to $10.44 per hour - $21,719 per year. Council agreed to advertise for the two attorney positions and report back to Council prior to hiring. 1 „'• COUNCIL TIME/AGENDA: Reel 89-66, Side 2 1. (Consent Calendar Item No. 3d(1) - East Market Street.) Kubby requested this Item be removed for additional discussion. Larson, requested additional information from Jim i ' Brachtel. Council agreed to pull out this Item for separate consideration. I I 1 2. Ambrisco asked Councilmembers to read Timmins' and Davidson's November 1 memo I_ 1 regarding local regulations of railroad crossings. r LEGAL DEPARTMENT STAFFING (CONT D): Reel 89.66, Side 2 �i Courtney noted Council had decided to wait until the next Council meeting for further ._ discussion on request for the addition of a full-time Administrative Clerk/Typist in the Legal YP 9 { ' Department. r, EXECUTIVE SESSION: Reel 89-66, Side 2 i (k� � Moved by Ambrisco, seconded by Horowitz, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation Is Imminent where Its { disclosure would be likely to prejudice or disadvantage the position of the governmental body In that litigation. Affirmative roll call vote unanimous, 6/0, McDonald absent. The Mayor Pro tem declared the motion carried and adjourned to executive session at 9:25 p.m. 1 Yui Tlr 11 I '.