Loading...
HomeMy WebLinkAbout1988-03-08 Council MinutesInformal Council Discussion February 22, 1988 Informal Council Discussion: February 22, 1988, at 7:00 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald, presiding. Council Present: McDonald, Courtney, Horowitz, Dickson, Larson, Strait, Ambrisco. Staff Present: Atkins, Helling, Karr, Smith, Timmins, Schmadeke, Boothroy, Beagle. Tape Recorded: Reel 88-15, Side 2, 345 -End; Reel 88-16, Side 1, I -All, Side 2, 1 -All; Reel 88-17, Side 1, 1-184. Consent Calendar Additions City agreed to add a special Class C beer/wine permit for All American Deli to the consent calendar. City Council adjourned to the scheduled Conference Board meeting. Council returned to informal session. Consent Calendar Additions Continued Council agreed to add a Class E beer permit and Class E liquor license for Super Spirits Shop to the consent calendar. Contract with Metcalf & Eddy Reel 88-15, Side 2 Atkins stated Council passed a resolution requiring Metcalf & Eddy to sign an addendum by February 29, 1988; if Metcalf & Eddy did not agree to an addendum, Council's next action would be to pass a resolution of intent to terminate; and then Council would pass a resolution of termination. Timmins stated he has prepared the resolution of intent to terminate. Timmins explained the resolution of intent to terminate does not formally terminate the contract with Metcalf & Eddy but it informs Metcalf & Eddy that Council does intent to terminate the contract if Metcalf & Eddy does not cure the default by signing the addendum. Timmins said a seven-day notice is required, the City now wants the default cured by March 4, 1988, and the Council could be in a position to formally terminate the contract at the regularly scheduled Council meeting March 8, 1988. In response to McDonald, Timmins said he has not had any substantive discussions with Mr. Bening regarding the addendum. McDonald asked about the status of the wastewater treatment project if Council proceeds with termination of the Metcalf & Eddy contract. Schmadeke explained the City will be inter- viewing Stanley Consultants, Donohue Engineers, and Howard Greene Engineering on March 4, will be prepared to make recommendations to Council shortly after March 4, and, within 30 days, be able to present Council with an agreement with one of the firms. Schmadeke said within 90-120 days after signing a contract, the City would be prepared to let contracts unless major changes were made. In response to Horowitz, Schmadeke said that if the City uses the design prepared by Metcalf & Eddy for the purpose they designed it for, Metcalf & Eddy would still be liable. Horowitz asked what responsibilities would the new firm have. Schmadeke said the new firm would be responsible for any major changes. a Timmins added that the extent a specific design defect could be identified to a specific element, liability could be determined between Metcalf & Eddy and a new design firm. If there is a problem with the overall design working, then there could be problems assigning liability. Timmins said the primary benefit of the contractual agreement with Metcalf & Eddy is the assurance that although the plant wouldn't be a turnkey operation, it would be similar. Timmins said that in the contract, Metcalf & Eddy agreed that in the end Iowa City would have a plant that worked according to their description and all federal regulations, and that if it didn't work, the City would have only one place to look, Metcalf 6 Eddy, instead of multiple designers. In response to Horowitz, Timmins said according to the contract, Metcalf 6 Eddy is liable for the design work done and paid for when the contract is terminated. In response to Horowitz, Timmins said that the City believes it has fully paid for the design plan it has received from Metcalf & Eddy. Timmins said that Metcalf & Eddy has indicated that they owe subcontractors $157,000. Atkins said that much of the design work was done by subcontractors and Iowa City may make some payments to get design work from them. In response to Strait, Timmins said that if the contract with Metcalf b Eddy is terminated, they would owe Iowa City what the City has paid them in program management fees. The program management fee was paid to Metcalf b Eddy for managing the project, including bidding out parts of the project. Timmins said the City is trying to terminate the contract under a provision that entitles the City to all plans and drawings completed to date. Atkins noted that Iowa City already has those plans and drawings in hand. In response to Strait, Timmins said that he will advise Council in closed session on concerns about possible delays in the project due to problems with terminating the Metcalf & Eddy contract. In response to Larson, Atkins said that he doesn't believe that Metcalf 6 Eddy is capable of managing the project. Atkins added that before the contract was signed, Iowa City paid Metcalf & Eddy to do estimates in 1990 dollars and now Metcalf b Eddy appears ready to say those estimates are no longer any good. In response to Larson, Atkins said a firm wouldn't guarantee estimates. In response to Larson, Schmadeke said that it will take about two months to enter into an agreement with the new company if the Metcalf b Eddy contract is terminated. In response to Larson, Timmins said that if the contract is terminated, Metcalf b Eddy will probably try to get the rest of their design fee. Timmins said he can argue that the City has already paid too much for the design work done. Larson asked if by paying the $655,000, the City could resolve the liability question. Timmins said that by paying the rest of the design fee the City would get a completed set of plans and specifications that would be ready for bidding and that Metcalf b Eddy would be liable for. Timmins said that he does not know exactly what the City has from Metcalf E Eddy in terms of signed, documented specifications that clearly has the Metcalf d Eddy engineering seal. Atkins stated that approval by the DNR still needs to be obtained for the Metcalf & Eddy plans. In response to Larson, Atkins said he feels that termination is better because he doesn't trust Metcalf 6 Eddy's guarantees about their plans. Larson said that he feels the new company would still say that Metcalf 6 Eddy plans will cost $43 million and a new company will have to down size the plans. Atkins stated he feels that Metcalf 6 Eddy initially said whatever it took to get the original contract and now the project will cost much more than those original estimates. Atkins said the down sizing may not be possible because the DNR still has to approve the plans. Larson said that if the City hires another design firm and later there is a question of liability, it will be up to the City to prove it in court which firm is liable. Timmins agreed that there is a problem with determining liability when multiple design firms are used. McDonald explained the next step is to vote on the resolution of intent to terminate the Metcalf & Eddy contract. Timmins explained that because of the legal posting requirements, such a vote cannot take place until Tuesday's formal Council meeting. McDonald said that he favors acting on that resolution. Courtney said that he still is not convinced of the wisdom of terminating the contract and hiring another firm. Atkins pointed out that Shive-Hattery has already completed design of the south plant so any additional work would be on the north plant/wastewater treatment facility. Courtney said the fees to a new firm could be as much or more than the amount still owed to Metcalf & Eddy and a new firm could say that they don't like the Metcalf & Eddy plans for the north wastewater treatment plant. Courtney also stated that as an international firm, Metcalf & Eddy should be able to manage the project. Atkins said that given what Metcalf & Eddy has shown him to date, they seem incapable of managing the project and their design is sound, but over budget. Atkins said that the City probably will not hire another firm to do project management, but would handle project management internally, possibly using contract employees. In response to Horowitz, Atkins said Iowa City has computer facilities to run fiscal management. In response to Courtney, Atkins said that Iowa City might be able to reach an agree- ment with Metcalf & Eddy regarding completing the design work but not doing project management. In response to Horowitz, Atkins said the south wastewater treatment plant design is practically complete but the north wastewater treatment plant is not done and it is most critical because it has the immediate compliance problem with the DNR. McDonald noted that action is needed on the resolution of intent to terminate. Atkins said that if there is interest by Council, he will try to discuss the addendum to the contract with Metcalf & Eddy again. Atkins asked for specific guidance from Council about how to proceed with the Metcalf & Eddy negotiations. He also said that Schmadeke would proceed with other firms so no time is lost if the Metcalf & Eddy contract is terminated. In response to Horowitz, Atkins said that there are three elements to the contract: design, project management and construction management. He said it seems that Council agrees that it doesn't want Metcalf & Eddy involved with either type of management, but design could be negotiated through an addendum. McDonald noted that final action to terminate the contract would take place at the March 8, 1988, Council meeting. Larson asked for analysis from Timmins and Schmadeke about the chain of liability problem, design cost questions, confidence in Metcalf & Eddy's design abilities, advantages and disadvantages of allowing Metcalf & Eddy to complete the design, and the cost of having a new firm complete the design. Larson and Courtney both noted that regardless of the design firm, bid costs will be similar given similar designs. McDonald expressed concerns that an international firm would be $7 million off their estimate. Atkins raised concerns about Metcalf & Eddy's estimation process. McDonald summarized that Council agreed to take action on the resolution of intent to terminate the contract and to direct staff to pursue the discussions with Metcalf & Eddy about the contract addendum. In response to Ambrisco, Timmins agreed that if a new firm is hired, it should review the Metcalf & Eddy plan and possibly assume liability. Planning & Zoning Matters A. Public hearing on an ordinance regarding storage of special vehicles. Beagle stated the public hearing was continued from the January 16 meeting. No Council comment. B. Beagle noted that staff has requested expedited action on this matter. C. Ordinance to amend Urtions f the 7anim Qrdinance regarding off- street parking_reauirements — D. No Council comment. No Council comment. Soecial Vehicle Ordinance Boothroy said the ordinance provides standards for special vehicle parking in the front yard when they cannot be moved to the side or back yard, the citizens' committee could not agree on the vision triangle or setback requirement, and the current ordinance has no setback requirement. Johnny Shaffer and Bud Means of the Good Sam Club spoke in favor of the ordinance, but disagreed with any inclusion of a vision triangle provi- sion. Means said that RV owners generally accept the ordinance as proposed but staff should pursue a City-wide vision triangle in the Zoning Ordinance that would cover everything. In response to McDonald, Boothroy explained that the current ordinance is unenforceable and allows special vehicles to be parked in the front yard. The proposed ordinance requires vehicles to be moved to the back or side if possible and vehicles would have to be licensed and operable. Vehicles which do not conform with regulations would have to be moved within two years. Boothroy said the current proposed ordinance is less restrictive than the original proposal and the proposed ordinance clarifies the rights of the special vehicle owner. In response to Ambrisco, Boothroy said the special vehicle ordinance would be enforced on a complaint basis. Boothroy said a handout could be developed. Courtney noted that the proposed ordinance allows currently parked special vehicles to remain in place until the property is sold. Council agreed to accept the ordinance as proposed. Council adjourned at 8:37 for a ten minute break. Council reconvened the informal Council session at 8:47. 1988 American -Soviet Walks International Peace Walk brochures were distributed to Council. Martie Olson, midwest regional director, and Byron Olson, regional coordinator, presented information and a video presentation on the 1988 American - Soviet Peace Walk. M. Olson stated that this will be the largest group of publicly accessible Soviets ever to visit the U.S. and the walk is scheduled to visit Iowa City on July 3 and 4. B. Olson reviewed the 1988 American -Soviet walk itinerary. B. Olson suggested folk music and community picnic festivities take place in Iowa City on July 4. B. Olson requested the City's support for the peace walk. Courtney suggested that the Jaycees be contacted regarding the July 4 activities. Dickson stated that the Iowa City Convention Bureau should be involved. Council appointed Councilmember Horowitz as Council representative to the American -Soviet Peace Walk organizational meeting. Council Time/Agenda I. Horowitz suggested City selling wood from the trees that the City chops down or removes. 2. Timmins said that he has a draft of a temporary license agreement to allow the University to begin excavation for a new transmission line. Atkins said that he was contacted by Bob Wolf, and had conversations with Mary Jo Small from the University. Timmins said that the University has sent a draft of the proposal for a temporary licensing agreement. In response to McDonald, Timmins said the contractors will bear a loss if construction does not start as scheduled. Timmins said that the proposed agreement allows construction but not final electrical connection until a final agreement is worked out between Iowa City and the University. Timmins said the University would not like the hold harmless portion of the agreement which requires the University to pay any judgment against the City for damages from the University's work. Timmins said a meeting between the University and Engr. Frank Farmer should resolve technical details of construction. McDonald directed Timmins to find out if a two-week delay could cause any problems for contractors. Appointments Animal Control Advisory Bpard - Atkins said that the Coralville Council appointed two Cnuncilmembers to their board. Council held general discussion about who might serve. Atkins said that a total of nine people will be on the board. Timmins stated the board will serve in an advisory capacity. McDonald directed staff to advertise for the Iowa City posi- tions. Executive Sa ion Moved by Courtney, seconded by Ambrisco, to adjourn to executive session under Section 21.5C, litigation, to discuss strategy with Council in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the 4 J H Position of the governmental body in that litigation. Affirmative roll call vote unanimous, 1/0, all Councilmembers present. Mayor declared motion carried. Council adjourned to executive session at 9:25 p.m. u OFFICIAL ON CIL ACTIONS - 2/23/86 The cost of publishirg the following proceed- ings and claims is $ . Curulative cost for this calendar year for said publication is S Iowa City Council, reg. mtg., 2/23/88, 7:30 p.m. at the Civic Center. Mayor MdV ald presiding. Coucilmertbers present: Anbrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. The Mayor delivered his State of the City Message. Moved and seconded to adopt RES. 88-29, H7PMNG MAPGARET N3NSZ ANO ESTABLISHIPS AN AWA MWAU N 4NSZ AM. The Mayor rated the dedica- tion and style of Margaret "sz and stated she would be missed. The Mayor proclained February 26, 1986 as IDA CITY TRIO DAY. Moved and seconded that the following iters and recommendations in the Consent Calendar be received or approved, aWor adopted as wended. Approval of Official Council Actions of the regular noting of 2/9/88 and the spec. mtg. of 2/15/8B, as published, subject to correction. Minutes of Boards and Commissions: CCN Comm. - 1/19/88; Broaobard Telecomm. Comn.- 1/19/88; Airport Comm. - 1/14/86; Bd. of Library Trustees - 1/2$/89; Sr. Center Carm.- 12/21/86; P&Z Comm. - 2/4/88; Bd. of Adjrshrant 1/13/86. Permit Motions: Liquor License refird for Pantera's Pizza, 21 Sturgis Corner. Class E Liquor License for Claret & Friends, 212 E. Mariet Street. Class E Liquor License for John's Grocery Inc., 401 E. Market Street. Class C Liquor License for Elks lodge BFO b590, 637 Foster Road. Class E Liquor License for Super Spirits Shop LTD, 5 Sturgis Dive. Class E Beer Permit for Super Spirits Shop LTD, 5 .Sturgis Drive. Special Class C Beer/Wine Permit for All Arerican Deli, 269 Old Capitol Mall. Motions: Approving a taxicab stand for City/Yellow Cab in front of Wilson Sporting Goods on College Street. Approving disburse- ments in the amount of $5,168,323.19 for the period of 1/1 through 1/31/88, as recon ended by the Fin. Dir., subject to audit. Correspondence: Iowa City Firefighters requesting permission to hold the Annual Firefighters Ball on 4/29/88. M Sano from the Civil Service Come. submitting a catified list of applicants for the position of Housing Rehab. Assistant. Mara from the Traffic Dgr. regarding parking prohibition an the west side Official Actions February 23, 1988 Page 2 of Fourth Avenue between Court Street and A Street. The Mayor declared the notion carried. A public hearing was held on an ordinara regarding storage of special vehicles. Haerd Sokol, 801 Nonrardy Drive, appeared. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at ton Council meetings prior to the muting at vhich it is to be finally passed be suspended, the first consideration and vote be veived and the second consideration be given at this tine. The Mayor declared the notion carried. Move and seconded that the ordinance amending Chapter 36-68 of the Zoning Ordinance, permitted obstructions in yards, to permit canopies over gas punps in the required front yard, be given second vote for passage. The Mayor declared the motion carried. Move and seconded that M. 88-3366, M MING PORTIONS of THE ZONING ORDIWILE REGARDING OFF- STREET PARKING KWIM MS, be passed and adopted. Moved and seconded that ORD. 88-3367, Mf1aING THE ZONING ORDINANCE DY GMING TIE UE FEW1706 OF AN 81.73 ACRE TRACT KNC4fi AS SOU1MST ESTATES, be passed and adopted. A public hearing was held on the operating bu �t eJune st te30, 1989 Fiscal�rJuly TThree Year Financial Plan, which includes the Three Year Capital Inproveents Program for Fiscal Years 1989- 1991. The following people appeared: Catherine Johnson, 242 Ferson; Craig Willis, 333 Magaan; Pedro A. deAlarcm, Iowa City Kickers. Jean Flood, Senior Center Cormissionw, rgxrted on activities at the Senior Center. Atty. Thomas Hobart, representing Gerard Electric and Wolf Construction, appeared and requested Council cooperation in facilitating a license agnesrent with the University for use of City richt-often. Niat noted work was to begin 2/25 on a project involving local contractors. Staff and Cantil presented views on the right-of-vqy agreeront. After discus- sion, Council directed staff to release the permit without the right-of-way agrement but to send a letter of understanding to the University notifying than that an agrement will be required prior to activating the line after construction is conplete and informing them the matter should be resolved before the start of any other projects irwlvirg the City. Charlie Ruppert, 1406 North Dodge Street, appeared. Pecomadation of the Cmmittee on Cormnity Needs noted as follows: (1) CON remmark that the City supply and transport bricks and sand for the Official Actions February 23, 1988 Page 3 North Lim Street Paving Project sponsored by the Porth Lim Street Betterment Association. This recommendation is made with the condition that there be a %ritten commitment on the part of the tenants and/or property owners along North Lim Street guaranteeing that the project will be completed. (2) CCN recomerds that the City Cantil MmR the installation of lighting on existing poles on the 200 block of North Lim Street and add taco additional poles as soon as possible. (3) CCN recamends approval of the wa*ents to the 1 -busing Rehabilitation Program Manual. Council agreed to proceed with the project outlined in recomendation ql and referred recamadation N2 to the City Manager and the Historic Preservation Cammssion. Moved and seconded to adopt RFS. 8B-30, RECLASSIFYING POSITIONS IN THE TRFASR DIVISION RD THE LIBRARY. Moved and secorded that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at vhich it is to be finally passed be suspended, the second consideration and vote be raived and that ORD. 88-3368, AMTDING THE LEGAL D1S111PTICN OF CITY RM, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and secaded that the ordinance be finally adopted at this titre. loved and setoded to adopt RES. 88-31, INTENT TO TER41MTE CONTWVCT WITH METCALF $ EMY, INC. AND AUTHORIZING THE GIVING OF NOTICE T Ufff. Moved and seconded to adjourn 9:30 p.m. The Mayor declared the motion carried. A more carplete description of Council activities is on file in the office of the City Clerk. s/STN MODONAD, MAYOR s/TMRIIW K. KARR, iTY CIRC Submitted for publication 3/3/88. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES February 23, 1988 Iowa City Council, reg. mtg., 2/23/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers Present: Atkins, Helling, Timmins, Karr, Beagle, Boothroy, Vitosh, Kimble, Nugent, Penney, Schmadeke. Council minutes tape recorded on Tape 88-C14, Side 2, 646 -END; 88-C18, Side 1 and 2, 1 -END. The Mayor delivered his State of the City Message. Moved by Strait, seconded by Dickson, to adopt RES. 88-29, Bk, 97, P 29, HONORING MARGARET NOWYSZ AND ESTABLISHING AN ANNUAL MARGARET NOWYSZ AWARD. The Mayor noted the dedication and style of Margaret Nowysz and stated she would be missed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor proclaimed February 26, 1988 as IOWA CITY TRIO DAY. The Mayor noted the additions to the Consent Calendar. Ambrisco, seconded by Courtney, that the following items and Moved by recommenda- tions in the Consent Calendar be received or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 2/9/88 and the spec. mtg. of 2/15/88, as published, subject to correction. Minutes Boards and and /19/88ssAirport Comm.CCN Co m. - 1/Bd/88; of Library Trustees - 1/28/88; Sr. Center Conn. - 12/21/88; P&Z Comm. - 2/4/88; Bd. of Adjustment - 1/13/88. Permit Motions: Approving a Liquor License refund for Pantera's Pizza, 21 Sturgis Corner. Approving a Class E Liquor License for Claret & Friends Inc. dba Claret & Friends, 212 E. Market Street. GroceryngIncC1a401EE�gMarketLicense Street. John Approvingaclass C bncsddba Liquor License for Elks Lodge BPO #590 dba Elks Lodge BPO #590, 637 Foster Road. Approving a Class E Liquor License for Super Spirits Shop LTD dba Super Spirits Shop LTD, 5 Sturgis Drive. Approving a Class E Beer Permit for Super Spirits Shop LTD dba Super Spirits Shop LTD, 5 Sturgis Drive. Approving a Special Class C Beer/Wine Permit for All American Deli, Inc. dba All American Deli, 269 Old Capitol Mall. Motions: Approving a taxicab stand for City/Yellow Cab in front Of Wilson Sporting Goods on College Street. Approving disbursements in the amount of $5,168,323.19 for the period of 1/1 through 1/31/88, as recommended by the Fin. Dir., subject to audit, Cor hold the rAnnualenFirefightersCity Ballroni 4/29/88equMemonfrm theCivil permission Service Comm, submitting a certified list of applicants for the Position of Housing Rehab. Assistant. Memo from the Traffic Engr. Council Activities February 23, 1988 Page 2 regarding parking prohibition on the west side of Fourth Avenue between Court Street and A Street. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance regarding storage of special vehicles. Howard Sokol, 801 Normandy Drive, appeared. Staff - member Doug Boothroy present for discussion. Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance amending Chapter 36-68 of the Zoning Ordinance, permitted obstructions in yards, to permit canopies over gas pumps in the required front yard, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Dickson, seconded by Courtney, that ORD. 88-3366, Bk. 29, p. 8, AMENDING PORTIONS OF THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3367, Bk. 29, p. 9, AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN 84.73 ACRE TRACT KNOWN AS SOUTHWEST ESTATES, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. A public hearing was held on the operating budget estimate for the Fiscal Year July 1, 1988, through June 30, 1989, and Proposed Three Year Financial Plan, which includes the Three Year Capital Improvements Program for Fiscal Years 1989-1991. The following people appeared: Catherine Johnson, 242 Ferson; Craig Willis, 333 Magowan; Pedro A. deAlarcon, Iowa City Kickers. Jean Hood, Senior Center Commissioner, reported on activities at the Senior Center. Atty. Thomas Hobart, representing Gerard Electric and Wolf Construction, appeared and requested Council cooperation in facilitating a license agreement with the University for use of City right-of-way. Hobart noted work was to begin 2/25 on a project involving local contractors. Staff and Council presented views on the right-of-way agreement. After discussion, Council directed staff to release the permit without the right-of-way agreement but to send a letter of understanding to the University notifying them that an agreement will be required prior to activating the line after construction is complete and informing them the matter should be resolved before the start of any other projects involving the City. Charlie Ruppert, 1406 North Dodge Street, appeared. Council Activities February 23, 1988 Page 3 Councilmember Ambrisco noted the April issue of Midwest Living included the Country.n a list of Ambrisco statedies the articlererlistedegardedlowa City retiement in services to retirees. Horowitz acknowledged Councilmember Courtney's letter in the Iowa City Press-Citi�ei re the wastewater treatment plant and encouraged citizens to attend meetings on the subject conducted by staff and Councilmember Courtney. Courtney announced the schedule for neighborhood meetings, and reported on a Domestic Violence Project auction which raised over $3,500. The City Manager stated Metcalf b Eddy would be in town on Thursday, 2/25, and a report would be to Council Thursday or Friday. He also noted doors at the Civic Center and Recreation Center are now handicap accessible, total cost of the project was $8,300. Recoendatio (1) CCN recomnendsnthatttheCCitytsupply and transportdbricksommitee on Community Nees notedanas follws: d sando ofor the North Linn Street Paving Project sponsored by the North Linn Street Betterment Association. This recommendation is made with the condition that there be a written commitment on the part of the tenants and/or property owners along North Linn Street guaranteeing that the project will be completed. (2) CCN recommends that the City Council approve the installation of lighting on existing poles on the 200 block of North Linn Street and add two additional poles as soon as possible. (3) CCN recom- mends approval of the amendments to the Housing Rehabilitation Program Manual. Council agreed to proceed with the project outlined in recommen- dation M1 and referred recommendation M2 to the City Manager and the Historic Preservation Commission. ved Strait, seconded p. 30,oRECLASSIFYING POSITIONS IN HErTREASURY Dto iVISIONSAND BTHE LIIBRARY, Assistant st to Account 1, respectively. Clerk AffirmativeSenior callbvote unanimouClerk s 7/0, all Councilmembers present. The Mayor declared the resolution adopted. ordinances to Ambrisco beconsiseconded dered and voted Horowitz, for t r passagehat e at ltwo at meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3368, Bk. 29, P. 10, AMENDING THE LEGAL DESCRIPTION OF CITY PLAZA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. P 3Move NTENT Strait, OitTERMINATEd CONTRACTWITHMETCALF RES. EDDY, INBk. 97 C. AND AUTHORIZING THE GIVING OF NOTICE THEREOF. The Mayor noted that another meeting would be scheduled with Metcalf b Eddy to see if concerns could be resolved. One additional procedural step is required prior to termination of the contract. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Council Activities February 23, 1988 Page 4 Moved by Ambrisco, seconded by Courtney, to adjourn 9:30 p.m. The Mayor declared the motion carried, 7/0, all Councilmembers present. MARIAN K. KARR, CITY CLERK I JOHN MCDONALD, MAYOR Complete Description of Council Activities March 8, 1988 Iowa City Council, reg. mtg., 3/8/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmadeke, Boothroy, Franklin, Lundell, Kimble, Vitosh, Davidson. Council minutes tape-recorded on Tape 88-C20, Side 1, 499 -End and Side 2, 1 -End. The Mayor proclaimed March 20-26, 1988, as NATIONAL WILDLIFE WEEK; March 1988 as SOCIAL WORK MONTH; March 19, 1988, as IOWA SPECIAL OLYMPICS DAY. Moved by Strait, seconded by Dickson, that the following items and recom- mendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 2/23/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Library Trustees -2/25/88; P&Z Comm. - 2/18/88; Riverfront Comm. - 2/3/88; Historic Preservation Comm. - 1/13/88; Design Review Comm. - 3/2/88. Permit Motions: Approving a Class B Beer Permit for Rigel of Iowa, Inc. dba Godfather's Pizza, 531 Highway 1 West. Approving a Class C Beer Permit for Krause Gentle Corporation dba Kum & Go #104, 1104 S. Gilbert Street. Approving a Class B Beer Permit for Common Stock Trust of Ellis I. Levitt & Central Management Corporation dba Long John Silver's #9, 1940 Lower Muscatine Road. Approving a Liquor License refund for Hy -Vee Food Store #1, 501 Hollywood Blvd. Approving a Liquor License refund for Drugtown #1, 521 Hollywood Blvd. Approving a Class C Liquor License for Kitty Hawk Co., Inc. dba Kitty Hawk, 1012 Gilbert Ct. Approving a Class E Liquor License for Drug Fair, Inc. dba Peoples Drug #5276, 2425 Muscatine Avenue. Approving a Class C Liquor License for Gringo's of Iowa City, Inc. dba Gringo's, 115 E. College Street. Approving a Class C Liquor License for Donald L. Stalkfleet dba Sports Column Corp., 12 S. Dubuque Street. Approving a Class B Beer permit for Chill and Grill Inc. dba Chill and Grill, 206 N. Linn Street. Approving a Class B Beer Permit for M&T Investments, Inc, dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert Street. Approving a Class C Beer Permit for Deli Mart Inc. dba Deli Mart #2, 1920 Lower Muscatine. Approving a Class C Liquor License for Mama's Inc. dba Mama Capone's, 212 S. Clinton. Setting Public Hearings: RES. 88-32, Bk. 97, P. 32, SETTING A PUBLIC HEARING ON 3/15/88 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTI- MATE OF COST FOR THE CONSTRUCTION OF EXCESS FLOW AND 14ASTEWATER TREATMENT FACILITIES AT THE EXISTING WASTEWATER TREATMENT PLANT. RES. 88-33, Bk. 97, FORMpOF3CONTRACTNG A PUBLIC AND ESTIMATEEOFING COSTr1FOR15/88 ON THE CONSTRUCTION OF SPECIFICATIONS, WASTEWATER TREATMENT FACILITY PROJECT. A Council Activities March 8, 1988 Page 2 Correspondence: Howard and Ruth Sokol regarding the ordinance regu- lating storage of special vehicles. Memoranda from the Civil Service Comm. submitting certified lists of applicants for the following posi- tions: Battalion Chief/Fire Department; Fire Lieutenant/Fire Department. Memo from the Traffic Engr, regarding: Parking removal on Ileeber Street; Parking on Orchard Street; Parking on the north side of the 100 block of East Washington. Applications for the Use of Streets and Public Grounds: Robert L. Cagle for permission to film a scene on public streets on 2/20/88, ap- proved. Rick Rohret for permission to use public streets for the Old Capitol Criterium on 4/24/88, approved. Lynne Vermace for permission to picket in front of the Civic Center on 5/2/88, in front of the County Attorney's Office on 5/11/88, and in front of the Court House on 5/20/88, approved. Application for City Plaza Use Permits: Lynne Vermace for permission to set up a table on City Plaza for the purpose of collecting signatures on a petition on April 23, 26 and 29, 1988, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 4/5/88, on an ordinance to rezone Lot 93, Ty'n Cae Subdivision, Part 2, located on Cambria Court from PDH -8 to RS -8. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Ambrisco, to set a public hearing for 4/5/88, on an ordinance to rezone the site of Hunter's Run Subdivision, Parts 2 and 3 and a 57.66 acre tract immediately to the west from PDH -5 to RS -5. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 4/5/88, on an ordinance to rezone 615 East Jefferson Street from RNC -20 to CO -1. Councilmembers Ambrisco and Horowitz urged Council to review the Planning and Zoning minutes and drive by the property before the public hearing. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 4/5/88, on an ordinance to rezone 42.54 acres north of Rochester Avenue on Hickory Trail extended from ID -RS to RS -5. The Mayor declared the motion w carried unanimously, 7/0, all Councilmembers present. Mayor McDonald summarized discussions of the ordinance regarding the storage of special vehicles with committee members, Council and the public. Moved by Ambrisco, seconded by Strait, to amend Section 36-58(g)(1)(a) by deleting the word "or" between height and more and substituting in its place the word "and." The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Strait, to amend Section 36-58(g)(1) to add new subparagraph (c) "Commercial vehicles more Council Activities March 8, 1988 Page 3 than 7-1/2 feet in height shall not be stored in any residential zone." The Mayor declared the motion carried unanimously, 7/0, all Councilmembers pres- ent. Moved by Ambrisco, seconded by Strait, to amend Section 36-58(2)(f) to add new subparagraph (3) and renumber consecutively the remaining subpara- graphs. The new subparagraph to read "Should any property be sold, conveyed or transferred, the special vehicle storage area shall thereafter comply with the provisions of this section." The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, that the amended ordinance regarding storage of special vehicles, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Dickson, seconded by Ambrisco, that ORD. 88-3369, Bk. 29, p. 11, AMENDING CHAPTER 36-68 OF THE ZONING ORDINANCE, PERMITTING OBSTRUCTIONS IN YARDS, TO PERMIT CANOPIES OVER GAS PUMPS IN THE REQUIRED FRONT YARD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-34, Bk. 97, p. 34, APPROVING THE PRELIMINARY AND FINAL PLAT FOR BENT BROOK ACRES, a two -lot residential subdivision located in Johnson County. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on the FY89 Application to the Iowa Department of Transportation for State Transit Assistance. No one appeared. Moved by Strait, seconded by Horowitz, to adopt RES. 88-35, Bk. 97, p. 35, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY89 IOWA DOT STATE TRANSIT ASSISTANCE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Sr. Center Comm. - one vacancy for an unexpired term ending 12/31/89; historic Preservation Comm. - one vacancy for an unexpired term ending 3/29/90. These appointments will be made at the 4/19/88 meeting of the City Council. Moved by Ambrisco, seconded by Dickson, to appoint Linda Levy, 336 MacBride Rd., to the Broadband Telecommunications Commission for an unexpired term ending 3/13/89. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Dickson noted that the City will have a number of Soviet visitors on July 3 and 4 as participants of the 1988 American -Soviet Walks and encouraged Iowa Citians to contact her for information. Councilmember Larson stated he had received complaints re 923 Rider Street and appreciated the information provided by staff. Councilmember Ambrisco acknowledged an upcoming reception for Airport Manager Fred Zehr and thanked him for the years of service. Ambrisco encouraged citizens to attend the laying of the cornerstone at the Mercer Park Aquatics Center on Saturday, April 9, at 10:00 a.m. Council Activities March 8, 1988 rage 4 Moved by Strait, seconded by Dickson, to approve the recommendation of the Design Review Committee that the City Council approve the new, internally illuminated sign for Flour Pot Cookies on the northern exterior of the Holi- day Inn. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-36, Bk. 97, p. 36, AUTHORIZING AND APPROVING AN AMENDED 1988 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Dickson, to adopt RES. 88-37, Bk. 97, p. 37, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING WITH DOMESTIC VIOLENCE PROJECT ($12,500); and to adopt RES. 88-38, Bk. 97, p. 38, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING WITH EMERGENCY HOUSING PROJECT, ($27,500). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-39, Bk. 97, p. 39, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1989. Councilmembers complimented staff on the process used in presenting the budget. Affirmative roll call vote unanimous, 7/0, all Councilmembers pres- ent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-40, Bk. 97, p. 40, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1989-1991. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-41, Bk. 97, p. 41, NAMING DEPOSITORIES, United Federal Savings Bank of Iowa and the Mid- America Savings Bank. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to adopt RES. 88-42, Bk. 97, p. 42, ESTABLISHING REVISED FEES FOR CITY PLAZA USE PERMITS, $750 for mobile vending carts; Fees for Ambulatory vending and sale for vending -temporary and occasional remain the same, $100 annually and $10 a day respectfully. The City Manager stated the popcorn wagon would also be paying $750 per Council request. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-43, Bk. 97, p. 43, AUTHORIZING ABANDONED BICYCLE SALE, for 4/24/88 at 1:00 p.m. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor de- clared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-44, Bk. 97, p. 44, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, ADDENDUM NO. 2 TO AGREEMENT FOR PROFES- SIONAL ENGINEERING AND PROJECT 14ANAGEMENT SERVICES, BY AND BETWEEN THE CITY Council Activities March 8, 1988 Page 5 AND METCALF & EDDY, INC., ALL IN CONNECTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVE14ENTS PROJECT. The City Manager summarized the history of the contract concerns with Metcalf and Eddy and reported on the contract addendum. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-45, Bk. 97, p. 45, APPROVING SETTLEMENT OF LAWSUIT, CITY OF I0WA CITY V. GAS SERVICE ENERGY CORPORATION, AND DISMISSAL OF THAT ACTION. The Mayor noted GSEC agreed to pay $15,000 cash, and to dismiss its $2,342.55 claims against the City for unpaid parts, in exchange for dismissal of the lawsuit, with prejudice, and mutual release of all claims. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Strait, to adjourn 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. v N McDON LD, MAYOR MARIAN K. KARR, CITY CLERK m Informal City Council Meeting March 7, 1988 Informal Council Meet in : March 7, 1988, at 7:00 p.m, in the Council Cham ers in the !v!c Center. Mayor John McDonald presiding, Council Present: McDonald, Ambrisco, Strait, Courtney, Dickson, Larson, Horowitz (7:30 Staff Present: Atkins, HelIing, Karr, Timmins, Boothroy, Davidson, Schmadeke, Eggers. TapeTap-r Reel 88-17, Side 1, 184 -End, Side 2, I -End; Reel 88-19, Side 1, I -End. EXECUTIVE SESSION - PENDING LITIGATION: Reel 88-17, Side 1 Moved by Ambrisco, seconded by Strait, moved to adjourn to executive session under Section 21.5C to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent 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, Horowitz absent. The Mayor declared the motion carried. Council adjourned to executive session at 7:00 p.m, CONSENT CALENDAR ADDITIONS: Reel 88-17, Side 1 The City Council agreed to add a Class 8 Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, a Class C Beer Permit for Deli -Mart, and a Class C Liquor License for Mama Capone's to the Consent Calendar. PLANNING & ZONING MATTERS: Reel 88-17, Side 1 A. Setting a public LOY 93 Tv hearing for Aoril 5 1988 on an ordinance t n =o. Deagie stated the a1:11:11 ICE1115proposes to su -iviye 're property into three duplex lots. B, Settin a ublic hearin for April 5, 1988, on an ordinance to rezone e s! e o un ers un u !vision, Parts an an a tract inmediatel to the cre west from PDH -5 to RS -5. Beagle statedtheor finance wou ac! ! a e resu !vision o e glance of the subdi- vision for single-family development. C. Settinga ublic hearin for April 5, 1988, on an ordinance to rezone as a erson ree rom o Horowitz, Beagle stated no sidewalks are planned and ntheeSordinance will permit resubdivision of Lot 93 into a three -lot subdivision. D. Setting a public hearing for April 475d af 5 1988 on an ordinance to ra7nno E. Ordinance regarding storage of special vehicles. No Council comment. -r 7 Minutes Informal City Council Meeting March 7, 1988 Page 2 Ordinan 7mral l Resolution to approve the preliminary and final plat for Bent Brook Acres, a two o resiaen is su ivisioe3in Jo nson oun v. three-way motion as follows: 1) recommended approval of the proposed subdivision, 2) recommended the Fringe Area Policy Committee be recon- vened, and 3) stated that any future request which is inconsistent with the development policy for the area will be viewed as inconsis- tent. McDonald reported the Fringe Committee did meet two weeks ago and will be getting back together soon. SPECIAL VEHICLE ORDINANCE: Reel 88-17, Side 1 McDonald stated Council received Boothroy's March 4, 1988, memo regarding comparison of various special vehicle ordinance requirements. McDonald asked Council if action should be deferred on this item. Ambrisco noted that the proposed ordinance does not address Mr. Sokol's concerns. Larson proposed changing the size requirements to read seven one-half feet height and 20 feet long. Boothroy said the ordinance provided an amortization period of two years to allow special vehicles to be moved to the side or rear yard and to qualify for this amortization, the property owner would have to register with the City. In order to qualify for the grandfather provisions, all special vehicles would have to be registered. Boothroy explained if a vehicle is not registered, that vehicle may still be al- lowed to be parked in the front yard but may have to provide screening. Boothroy said the advantage to registering a vehicle to get a non-compli- ance status is that the vehicle would not have to comply with screening. Boothroy said a person has one year to register a vehicle to be granted a non -conforming status and if the vehicle is not registered, that vehicle would have to fully comply with all of the requirements. Horowitz in- quired about the size of the special vehicle problem within Iowa City. Courtney said there were not a large number of complaints. Councilmembers discussed the proposed ordinance. Input was received from Bud Means and Johnnie Shaffer. Means asked Council to meet with the Special Vehicle Committee. In response to Courtney, Boothroy explained if a person registers their parking space or storage area with the City, they would not have to comply with screening require- ments and would be allowed to park in the front yard. In response to Dickson, Boothroy said registration provides a base year so the City knows which vehicles are non -conforming. Council agreed to change the proposed ordinance to read seven one-half feet height and 20 feet long. Courtney proposed including a transfer of property sta ement. 1-9 Minutes Informal City Council Meeting March 7, 1988 Page 3 HIGHWAY 1 NORTH RISE APPLICATION: Davidson presented Council with information relating to the Highway 1 North RISE application. Davidson reported the original proposal for Highway 1 North was in conjunction with development by Southgate Develop- ment and NCS. Davidson stated the RISE program is an economic development program and the original application was to fund the construction project to address the traffic congestion problem in the area. Davidson stated the State responded favorably to the original application but asked the City to consider long-term plans proposed by the State. Public Works drafted a new proposal taking into consideration the needs of the IDOT. Davidson reported the larger improvement would cost an estimated $950,000, but the City's share of the project should not increase very much. Davidson reported the IDOT should take action on the RISE application on March 15 or March 29, 1988. In response to Dickson, Davidson reported the RISE program does have a lot of funds, but wants to leverage local commu- nity funds to the greatest degree possible. Staff and Councilmembers reviewed plans for the area. METCALF & EDDY CONTRACT ADDENDUM: Reel 88-17, Side 2 Atkins said that City officials met with representatives from Metcalf & Eddy to discuss a contract addendum. The contract addendum would elimi- nate certain sections and set a payment schedule. Atkins said that staff will prepare an official recommendation on how the project will be man- aged. Strait questioned whether the City has the expertise or time to manage major projects. Courtney stated the City needs to continue to address neighborhood concerns. Atkins said the City will need to closely monitor neighborhood -related projects. Horowitz asked if the City has money budgeted for project contingencies. Atkins stated that staff ex- pects construction costs to be bid higher than originally anticipated. In response to Larson, Atkins stated the contract addendum offers a good schedule and demonstrates good faith on the part of Metcalf & Eddy. The contract addendum preserves both parties' abilities to pursue certain remedies. Timmins stated the City still has the option to sue for breach of contract and Metcalf & Eddy reserves the option to sue the City for not paying on time. Councilmembers agreed to schedule a special Council meeting for a public hearing on the plans and specifications on March 15, 1988, at 5:15 p.m. LIBRARY FOUNDATION REQUEST: Reel 88-17, Side 2 Atkins explained the Library Foundation is planning a gala and requested a bar and liquor license. Atkins stated that City ordinances do not permit alcohol in public buildings. Timmins read City Code Section 24-51(a), "No person shall consume or drink any intoxicating liquor or beer on any street, alley, park, or public ground or any public place within the city." I s"- y Minutes Informal City Council Meeting March 7, 1988 Page 4 Timmins stated that Asst. City Atty. Boyle has drafted the following language, "No person shall consume or drink any alcoholic liquor or beer on any street, alley, park or public conveyance or public ground within the city or in any municipal building except the premises covered by a liquor control license." Council discussed liability issues and who should give approval for the liquor control license. Timmins suggested authorizing the City Manager to sign off on any liquor license application that would involve any City building. Tom Gelman, representing the Library Foundation said the City is not the licensee and under Iowa Code the dramshop liability is to the licensee, but there may be general liability to the City. Pat Forsyth, Exec. Dir. of the Foundation stated that the Library Foundation has ob- tained $30,000 dramshop insurance. Tom Gelman referred to Code provision Section 5-4, "It shall be unlawful for any person to use or consume alco- holic liquors or beers on public streets or highways or to consume alco- holic liquors in any public place except premises covered by liquor control licenses." Timmins said the Code provision 24-51(a) outlaws the use of alcoholic beverage in any public place or public building. Timmins referred to language drafted by Boyle and proposed eliminating the comma after municipal building so that it is clear that the exception only applies to municipal buildings. Timmins also proposed to change the word premise to municipal building. Timmins suggested a statement relating to insurance should be included. Councilmembers cautioned Library Foundation members that $30,000 dramshop insurance was too low. Courtney noted the Downtown Association will approach Council regarding selling beer in the Plaza area. Atkins raised concerns that the Plaza is a totally uncontrolled area. McDonald stated the ordinance will be on the March 15, 1988, Council agenda. Timmins recommended including language as follows, "City Manager shall endorse his/her approval on the license application prior to its presentation to Council." McDonald stated at the March 15, 1988, Council meeting that Council could collapse the first reading, give the ordinance second reading and give it final approval on April 5, 1988. Timmins said the proposed ordinance would not address the County Courthouse. PLAZA VENDORS PERMIT FEES: Reel 88-19, Side 1 Larson said that the proposed increase in fees would address the fairness issue with property owners that pay property taxes. Councilmembers dis- cussed the trash problems in the downtown area. Atkins recommended rais- ing the Plaza vendor permit fees to $750 - allowing vendors to pay that fee in three payments, as well as requesting $1,000 from the Downtown Association to finance clean-up and maintenance of the downtown area. Atkins said a clean-up person could be scheduled to meet the clean-up needs of downtown. elping reviewed current permit fees paid by Plaza vendors. Council agreed to increase the Plaza vendor permit fees, includ- ing the popcorn wagon, to $750. Helling said he would prepare a letter to the Downtown Association. M 1-9 u w Minutes Informal City Council Meeting March 7, 1988 Page 5 COUNCIL TIME/AGENDA: Reel 88-19, Side 1 1. (Agenda Item No. 3.F.(3)) Courtney requested additional information regarding Lynne Vermace's request to picket the Civic Center, County Atty's office and Court House. Atkins stated he will prepare a re- sponse. 2. Larson inquired about the property located at 923 Rider Street. Timmins stated staff is addressing problems regarding trash in the front yard. Larson said he would like the City to take the matter to court. Horowitz said school children should not be confronted with that type of graffiti. Staff will report back. 3. Strait inquired about the status of the clean-up of Dale Gerot's property at the end of Gilbert Street. Staff will follow-up. 4. In response to Horowitz, Atkins said he is preparing a report regard- ing reorganization of Boards and Commissions. 5. Horowitz inquired about the status of the Jack Young property located in the 400 block of Church Street. Atkins reported Mr. Young was fined. Timmins said the City is waiting for a decision from the magis- trate. 6. Timmins reported the City lost its argument re salvage yard use in- volving Bernard Yeggy, but said the court's opinion stated the goats are not pets and have to be removed. 7. Ambrisco announced the JCCOG will meet on Wednesday at 4:00 p.m. at the Iowa City Transit Facility. 8. Atkins said a suggestion was made to redesign the Airport Manager position, but the Airport Commission has already advertised and ac- cepted applications for that position. Council agreed the Airport Manager position should be evaluated and directed the Mayor to draft a letter to the Airport Commission requesting the matter be reviewed. 9. Horowitz announced that Tuesday is International Women's Day. Horowitz reported that she and Dickson represented Council at a meeting with International students last Friday. APPOINTMENTS: Reel 88-19, Side 1 Broadband Telecommunications Conmission - Linda Levey The meeting adjourned at 9:40 p.m. r L7