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HomeMy WebLinkAbout1985-11-19 Council minutesInformal Council Discussion October 7, 1985 Informal Council Discussion: October 7, 1985 at 6:30 p.m. in the Council Chambers a e ivmc enter. Mayor John McDonald presiding. Council Present: McDonald, Erdahl, Strait, Zuber, Baker, Dickson. Absent: Ambrisco. Staff Present: Berlin, Helling, Timmins, Karr, Milkman, Beagle, Cain. Tape Recorded: Reel 85-C70, Side 1, 524 -End, Side 2, All; Reel 85-C74, Side 1 and Side 2, All. Gas and Electric Franchise Reel 85-C70, Side 1 McDonald stated Council received an October 3, 1985 memo from Timmins regarding the Iowa -Illinois Franchise:Pro ress of Council Discussion. City Council members mscussed the franchise fee, including a review of the previous Council discussions, the amount of the franchise fee, earmarking of the franchise fee revenues, and utilizing the franchise fee to fund a utility specialist. Baker, in reference to an alternative proposed by Timnins, recommended the City impose a one-half percent franchise fee but reserve the right in the future to impose another one-half percent fee. Timmins said he did not know of another community that used such a provision and the Council would have the authority to impose an additional one-half percent if it is in the ordinance and approved by the voters. There was not a Council majority that agreed to the recommendation. McDonald asked if a majority of the Council favored a franchise fee. McDonald noted that Council voted 3-3 for the franchise fee and stated it was not a Council majority that favored the franchise fee. Erdahl stated there exists a majority of Councilmembers that favor a franchise fee but disagree on the amount of the fee. Erdahl stated that once Council decided in favor of the franchise fee, Councilmembers then need to decide upon the amount of the fee. McDonald stated that the franchise fee vote by Council was only informal action and that there was not a majority of Councilmembers that favored the franchise fee. Timmins stated that Council needs to discuss underground service, the City's role in energy conservation program requirements and rate increase requests, the ten year franchise buyout option, purchase of power from other sources/cogeneration/buyback/wheeling fee, termination due to breach, and relocation. Underground Service. Timmins explained that the present ordinance only identifies one underground area and new provisions in the ordinance would allow Council to specify other underground districts and require the utility company to submit plans for 3 Putting services underground. Timmins said the utility regulatory ordinance or franchise would not specify how costs would be handled because of the ICC's regulatory powers regarding those costs. In response to Baker, Timmins said telephone, gas and cable firms would be affected by the provision. Baker stated that something should be done about telephone junction boxes in front yards. Council agreed to the provisions as discussed. Customer Complaints. Council agreed that the City should not be involved with individual customer complaints. Energy Conservation Program Requirements and Rate Increase Requirements. Timmins stated the City does not have the authority to dictate energy conservation program requirements because they are with the ICC's purview. Baker inquired about the ordinance provisions Section 33.174, 33.175 and 33.177 as they relate to consumer protection issues. Baker suggested that the Resource Conservation Commission have the authority to address those specific issues. Timmins stated the RCC could be referenced in the ordinance instead of the utility review commission. Council discussed how the RCC, utility specialist and utility review commission should be referenced in the ordinance. Timmins stated the Council can give administrative direction to the City Manager regarding how Council wants to fill the utility specialist's and utility review commission's positions. Berlin stated that there was a consensus by Council to have the RCC assume responsibilities. Baker inquired about the Section 33.177 requirements that conservation programs be submitted to the utility specialist and then the ICC for ap- proval. Timmins said the City does not have the authority to oversee a utility company's conservation program although the City could review the program and make recommendations. Berlin stated that: 1) Iowa City is in the process of negotiating a grant with the state for the City's Energy Conservation Program; 2) the current energy staff person does not have the time, resources or ability to carry out some of the specific functions; 3) the idea that the current energy person would have the time to carry out a utility specialist's responsibility is inconsistent with that person's current duties; and 4) additional functions cannot be done without money to support those functions. Erdahl reminded the Council that the RCC recommended hiring a qualified utility specialist. Council agreed with McDonald's suggestion to delete Section 33.174, 33.175, 33.177. Timmins agreed to redraft Section 33.176. Ten Year Franchise Buyout Option. Council agreed to include the ten year franchise buyout option. Purchase of Power from Other Sources/Cogeneration/Buyback/Wheeling Fee. Timmins explained that these provisions back stop regulations that are currently in place. Council agreed to include the provisions. i 3 Termination due to Breach. Timmins stated that termination due to breach provisions was originally drafted by Jansen; are common in contracts; and would be included in the franchise ordinance. The Council agreed to include the provisions in the franchise ordinance. Relocation. Council agreed to include in the franchise ordinance the relocation provision Section 33.1898, which includes the statement, "for the purpose of facilitat- ing the vacation and redevelopment of public right-of-way by the city." Berlin stated Timmins will negotiate the language of the franchise with Iowa -Illinois Gas & Electric Company. Timmins said he will indicate the Council's position to Iowa -Illinois Gas & Electric and ask for response. He said he will update Council periodically. Planning & Zoning Matters A. Setting a publ Reel 85-C74, Side 1 Milkman stated Moen will provide Council with information at the October 21 meeting. B. Settin a ublie hearin for October 22 on an ordinance enablingthe u ng o c a o ssue a emporary er ca e o ccupancy. Milkman stated that approval of this ordinance would enable building officials to issue a temporary Certificate of Occupancy when a parking area could not be paved due to settling of land or adverse weather conditions. C. Public hearin on an ordinance to establish a tanned development housing overlay zone (OPOH-8) on 4 acres for Melrose ake Apartments. Milkman stated the applicant has submitted a revised LSRD and requested 34 additional units, planning and zoning has recommended the applicant's request to reduce front yard requirements to ten feet, a summary report has been prepared addressing the Planning and Zoning Commission's reasons for recommending the PDH. Baker inquired about the amount of parking and number of bedrooms. Milkman stated that the original proposal had two bedrooms in each of the 38 units and stated staff can provide Council with additional information regarding the number of bedrooms and amount of parking. Baker also requested information regarding site elevations. In response to Dickson, Milkman said area residents have been notified. Baker asked Timmins what flexibility the City has for negotiating with the applicant after plans have been reviewed by the Planning and Zoning Commission. Timmins said he will need to study the proposal and will respond. Milkman said the property will need to be approved by the Department of Wastewater and Air Management. b. Public hearing on an ordinance to vacate _and _a_ All Beagle said the applicant's $100 was equivalent to the assessed value per square foot of the property based on agricultural land value and does not reflect the intended residential development. Staff looked at assessed values of lots adjacent to the west half of the right-of-way within Court Hill Addition and recommended to apply a combined average of assessed values per square foot, including the applicant's lot and residential land on the west side of Peterson Street equaling $2,665.87. In response to Berlin, Beagle said the east half of Peterson Street right-of-way is 3,920.4 square feet. In response to Erdahl, Beagle stated the Planning 8 Zoning Commission did not address dispositions cost and indicated that cost was not part of_their purview. Berlin inquired about the purchase price of the property. Beagle stated he did not know the purchase price. Beagle noted that staff has communicated with the two adjacent land owners in Court Hill and they have expressed willingness to acquire the west half portion abutting their property. Council will hear from the applicant/developer at the formal meeting tomorrow evening prior to making a decision. E. Consider a reconmendation of the Plann Milkman stated the change reflects the phasing of Scott Boulevard and that the FY87-91 Capital Improvements• Program includes the completion of Scott Boulevard, phases 3 and 4, to Rochester Avenue in FY87/88. In response to Zuber, McDonald said the County and State are still negotiat- ing work on local road. Clear Creek Development Pro.iect Reel 85-C74, Side 1 Dr. Gene Marner introduced John Stuhr, Dan Schwitters, Mace Braverman and Ralph Stoffer and presented the following information about the Clear Creek Development project to Counciimembers. Clear Creek Investment Company (CCIC) owns 320 acres, is developing plans to build a high tech park intended for research and development activities, has prepared preliminary site plans, and has been in contact with potential clients. The Clear Creek Development project will utilize 220 acres for 21 building sites and 12,500 potential employees. The high tech park offers close proximity to the University, availability of highly qualified college graduates, and size for steady growth. Marner stated CCIC needs the support from Iowa City to establish sewer and water services to the area and paving of the frontage roads. Marner ex- plained that CCIC is prepared to spend a substantial amount of money to construct services on-site if the City is willing to work on the engineering, obtain easements and get financing for bringing infrastructure to the site. 5 McDonald inquired about the availability of RISE funds for the project. Berlin stated that a letter has been sent to the IDOT but no decision has been made. In response to Dickson, Cain said the Clear Creek Development project area is shown on the Zoning Ordinance for interim development -office research parks. Marner said the CCIC will submit plans for preliminary approval within 30 days to ensure that building sites could be ready within one year for Potential clients. Berlin stated that staff will prepare additional detailed information if Council agrees generally in principal to the proposal. Erdahl noted that CCIC should not have to bear the full cost of constructing the sewer and water services if development in the whole area is anticipated. Erdahl inquired about zoning changes. Cain stated that a public hearing for the research development park zone will be set at the Council's next formal meeting. McDonald noted that Councllmembers agreed to give a preliminary commitment to the proposal. Berlin stated that staff will prepare an agreement in princi- pal by resolution. Baker asked if the City would be responsible for 1005 of the water main costs. Berlin stated the City is responsible for closing water main loops and only the water main 5,000 feet from Melrose to the entrance road would not be included. Baker asked about the financing commitment from the private sector. Berlin stated information will be presented to Council. Baker stated Council needs to discuss the IRB policy and the concept of high tech industry. Council authorized the $4500 match grant funds to CLIC. Cain stated staff will prepare a memorandum of agreement. Ray Muston noted his appreciation to Council. Council Time Reel 85-C74, Side 2 1. (Agenda Item 17) Baker inquired about wording of the School Board -City agreement regarding a proposed joint swimming pool/recreation facility project. Berlin stated that facilities within the building have not been determined and the type of facility will determine the City's level of participation. Baker inquired about consulting fee payment. Berlin stated that payment may not have to be made on the front end. 2. In response to Dickson, Berlin said he will check the status of the traffic light at Sunset and Highway 1. !anntments Reel 85-C74, Side 2 Riverfront Commission: William O'Brien Resources Conservation Commission: Readvertise Informal Council Discussion November 4, 1985 Informal Council Discussion: November 4, 1985 at 6:40 p.m. in the Council Chambers at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Baker, Ambrisco, Zuber, Strait, Dickson. Absent: Era Staff Present: Berlin, Helling, Timmins, Karr, Fosse, O'Malley. Tape Recorded: Tape 85-C79, Side 2, 51 -End, 85-C80, Side 1, 1-185. McDonald noted that Council received the November 1, 1985 memo from Neal Berlin regarding ramp B addition. In response to Strait, Berlin stated that casting of the pre -cast units will be completed soon and only with the most optimistic schedule would construction be further along. Council agreed to the rescheduling of the project as stated in the memo. League of Iowa Municipalities Reel 85-C79, Side 2 Roger Nowadsky, League of Iowa Municipalities lawyer -lobbyist, stated the League has established an outreach program to get more League staff involve- ment by cities. Nowadsky stated that he would like to discuss the League's legislative proposals, offer the League's services, and receive input .from the City Council. 'Nowadsky reviewed the League of Iowa Municipalities' legislative policy statement and resolutions as follows: Resolution 11 Regional Coordinating Council Boundaries. Nowadsky said presently the regional coordinating councils are set up along area college boundaries; the boundaries transcend jurisdictional lines and the League is asking for legislation to take place that would make the boundaries consistent with the Regional Planning Commission and Council of Governments. Berlin said the current boundaries do not adversely affect Iowa City but Iowa City would support the change. Resolution t2 Self -Insurance and Exposure to Liability. Nowadsky said the Iowa Municipality Attorneys Association developed this legislation. Nowadsky said the cost of tort liability insurance and taxes are not subject to the 8-10 tax levy; the League believes that tax dollars saved by cities adopting self-insurance programs should also not be subject to the tax levy; and the legislation also requires that there should be limits to government exposure to liability. Timmins noted that some cities have used tort levy monies for things other than premiums and judgments. Ambrisco inquired if the League of Iowa Municipalities has sought input from insurance people within the insurance industry. McDonald asked if the legislation has to be done on the national or state level. In response to McDonald, Nowadsky stated that legislation addresses provisions in the state code. In response to Strait, Nowadsky said resolutions will be given to legislators and bills will be drafted. I Y Resolution B3 Public Emplo ment Collective Bargainin This is in response to efforts in the General Assembly to amend the scope of negotiations section of Chapter 20 of the Iowa Code. Resolution /4 Incremental Pro ert Tax for Job Trainin . Nowadsky stated that this resolution concerns the use of tax increment financing by area schools to provide for program costs for job training for small businesses expanding industry, financing affects the future property tax base and subsequent government services, and calls for public input and notification before the tax increment financing can be used. Resolution b5 Heart and Lung Disease Presumption. Nowadsky said this resolution concerns the present presumption of Chapter 411 Of the Iowa Code for active duty members of police and fire retirement systems and the resolutions calls for repeal of the presumption. Berlin stated the present legislation is extremely costly. Resolution 06 Maiarity vote on GO Bonds, Nowadsky stated that presently a city needs 60% of the votes in an election to approve GO bonds and the resolution calls for a simple majority of those voting in an election to approve the bonds. Resolution 07 Mandatory Military Leave of Absence. military said Iowa Code on out a leave that authorizes a30?day2annual s leave without loss ofapay tfor military service and the Iowa Attorney General has interpreted the 30 days to mean working days. Nowadsky stated the resolution reduces the military leave to ten days and clarifies "without loss of pay" provision. Resolution /B Saies and Use T- on -*tY and County Recreation Activities. Nowadsky stated that Senate File 35, which was enacted into law, applies state sales and use tax to fees paid to cities for the privilege of partici- pating in any athletic sport and the resolution calls for elimination of the tax for reduction of the scope of the definition of sport. Resolution Bg Fair Labor Nowadsky Standards Act. id deleation to takesteps t theresolution sthet Fair c Labor alls f Standard or the o Actc orrto smakel administrative changes. Berlin stated that labor and public interest groups have drafted compromised legislation; and problems still exist, including how payments are made to employees that are involved in training programs that extend beyond the normal work week and employees that volunteer in areas that relate to work they do for the City. Berlin said the problems relating to police and fire personnel overtime has been resolved, i 3 Resolution 910 Deductability of State and Local Taxes. Nowadsky stated that the resolution urges the Iowa congressional delegation to oppose any changes to the internal revenue code that would eliminate the deductability of state and local taxes for federal tax purposes. Resolution 911 Municipal Bonds. Nowadsky stated this resolution urges the Iowa congressional delegation to oppose any legislative changes in the present tax exempt status of municipal bonds. Berlin said the City should pursue this resolution because the City's sewage facility's municipal bonds could become taxable because of persons that use more than 1% of the sewage facility. Resolution 912 State Solid Waste Tax. Nowadsky said the resolution urges for repeal of a tonnage fee/tax or calls for the use of the tax money to clean up sanitary landfills. Resolution 913 Enterprise Zones. Nowadsky said that this resolution endorses the concept of enterprise zones. Nowadsky urged City officials to meet with area legislators regarding the resolutions and urged Council members to become members of the League's legislative support group. Nowadsky noted that the annual working session for the League's support group will be held December 13 in Des Moines. Policy Statement. Nowasky explained that the policy statement is a directive to the government and General Assembly about the League's basic tenants as it relates to legislation that impacts on local governments. Nowadsky said the League urges the state to continue present revenues to cities. Nowasksy explained that the Governor recently supported the freezing of local spending and the limiting of sources of tax revenues to local government. McDonald noted that the Governor's position would seriously impact upon Iowa City. Berlin stated that it would create problems for the City's budgeting process. In response to Strait, Nowadsky said the League of Iowa Municipalities employs two lobbyists. Transit Study Reel 85-C79, Side 2 Berlin stated that the Council will receive the complete transit report and a memo outlining changes in the operating budget of the transit system for discussion on November 12. Council Time Reel 85-C80, Side 1 1. Strait noted that a Council meeting is scheduled with Board and Commis- sion representatives on Thursday, November 7, 1985. 4 2. Erdahl noted the May 1985 Iowa Law Review dedication to George Strait. 3. Erdahl reviewed the First Avenue and Rochester traffic study and empha- sized the need for signalization at that intersection. Berlin stated that once the Council makes the decisions and set criteria or accepted standards, the decision becomes a political decision. Erdahl said he would be able to construct a model, based on projected population growth and the amount of increased vehicular traffic, to meet the warrant requirements. Berlin noted similarities between a light for the First and Rochester intersection and a light at the Court and First Avenue intersection. Council noted Court and First Avenue was a 4 way stop. Council agreed to install a signal at First and Rochester intersection. Berlin said the project will be incorporated into the CIP budget. 4. McDonald stated that a large utility installation impairs vision at the stop sign located at the Mormon Trek and Benton Street intersection. Berlin said the problem has been studied previously and information will be provided to Council. 5. Baker inquired about the removal of the three-way stop at Dodge and Kirkwood intersection. Helling said the three-way stop was temporarily installed during the Summit Street bridge repairs. 6. Dickson inquired about plans for the Seventh Avenue, Friendship and Wales Street intersection. Berlin stated that area residents are being notified, via a postcard survey, regarding possible resolutions for the intersection. 7. Helling noted that Council received Farmer's October 31 memo regarding the Dubuque Street improvement project. Helling stated trees will be removed this fall. 8. Karr asked Councilmembers to keep the City Manager or City Clerk's t` offices informed about their travel plans during November and December. r adjourned at 7:40 p.m. jMeeting 1 ' � i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES November 19, 1985 Iowa City Council, reg. mtg,., 11/19/85, at 7:30 P.M. at the Civic Cen- ter' Mayor McDonald presiding. Councilmembers present: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber (7:35), Councilmember-elect Courtney. Staffinembers present: Berlin, Melling, Timmins, Karr, Beagle, Hencin, Penney, Farmer. Council minutes tape recorded on Tape 85-C83, Side 1, 174 -End and Side 2, 1-208. The Mayor proclaimed the week of November 25 -December 1, 1985, as VOICE OF DEMOCRACY WEEK. 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 presented: Minutes of Boards and Commissions: Design Review Comm. - 10/16/85; P&Z Comm. - 11/17/85. Permit Motions: Approving a Special Class C Beer -Wine License and Sunday Sales for Pan Style Pizza Corp. of Iowa dba Rocky Rococo, 118 Dubuque Street. Approving Class F Liquor License and Sunday Sales for I N C Limited dba The Sanctuary Restaurant and Pub, 405 S. Gilbert. Motions: Approving disbursements in the amount of $2,154,614.35 for the period of 10/1 thru 10/31/85, as recommended by the Finance Director, subject to audit. Authorizing the City Engr. to sign an application for use of highway right-of-way for utilities accommodation to Iowa -Illinois Gas & Electric Co. along the west side of Riverside Drive from Riverside Court approximately 800 feet north. Approving the Abstract of Election for the 11/5/85, General Election, as certified by the Johnson County Auditor (District B - Darrel Courtney; At -Large - Kate Dickson and John McDonald). Resolutions: RES. 85-328, Bk. 88, p. 796, ACCEPTING WORK FOR THE FY86 ASPHALT RESURFACING PROJECT. Correspondence: Items referred to the City Mgr.: Michael R. Reck on behalf of the Liberal Arts Student Association regarding street lighting; E.I. Kral regarding taxes, cyclists, and joggers; Joyce and Mike Meyer regarding the Melrose Lake area zoning and density; Rilla Esbjornson regarding infant burial fees; Rev. Dennis Martin regarding infant burial fees; Old Capitol Center Board of Directors regarding their recent mar- keting study; Charles and Marcia Wunder and Francis and Beatrice Frees regarding a hedge on West Park Road; Richard W. Lutz regarding photo- graphic studios in CO -1 zones and requesting expedited passage by waiving the readings. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Police Dispatcher/Police; Code Enforcement Attendant/HIS; Sr. Maintenance Worker/Streets; Maintenance Worker I/Streets. Memo from the Traffic Engr. re parking prohibition on Willow Creek Drive; Gross weight limits on Sumnit Street Bridge. Memo from the Acting P&R Dir. re parking limi- tations in Terrill Mill Park. v' Council Activities November 19, 1985 Page 2 Applications for Use of Streets and Public Grounds: Alternative School for use of public grounds for picnic and games at corner of Linn and Harrison streets on 10/29/85, approved. Curtis L. VanMeter for use of sidewalks for a Great Peace March on 11/3/85, approved. Glenn Garringer for a Motorcycle Rally (parade) for "Toys for Tots" on 11/16/85, approved. Applications for Use of City Plaza: Mark Simmons to distribute free balloons and business cards for his business, "Balloonatics," on City Plaza for a period ending 1/1/86, approved. Pro -Peace Organization for the use of City Plaza for a rally on 11/3/85, approved.- Affirmative pproved.Affirmative roll call vote unanimous, 6/0, Zuber absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, to set a public hearing for 12/3/85 on an ordinance to permit photographic studios in the CO -1 zone. The Mayor declared the motion carried unanimously, 6/0, Zuber absent. Moved by Strait, seconded by Ambrisco, to set a public hearing for 12/3/85 on an ordinance to rezone 3.61 acres from County RI -A to RS -5, for property located northeast of U.S. Hwy. 218 and west of Mormon Trek Blvd. (Zuber arrived 7:35). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. This next item was a public hearing on a resolution approving the 1985 Neighborhood Open Space Plan and on an ordinance providing for Open Space Dedication in Developing Zones. The Mayor noted P&Z Comm. had not reached consensus on this item and requested the public hearing be deferred. Moved by McDonald, seconded by Dickson, to defer indefinitely. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: Erdahl. Moved by Ambrisco, seconded by Zuber, to adopt RES. 85-329, Bk. 88, p. 797, EXTENDING APPROVAL OF THE PRELIMINARY PLAT FOR HUNTERS RUN SUBDIVISION PARTS 4-8 FOR EIGHTEEN MONTHS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Zuber, seconded by Strait, that the ordinance to create a Re- search Development Park (RDP) zone, be given first vote for passage. Af- firmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Zuber, that the ordinance enabling local review of nominations of local properties to the National Register of His- toric Places, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Baker, that the ordinance to rezone 3.74 acres from I-1 to CC -2 of property owned by Owens Brush, Inc. on Mall Drive, be given second vote for passage. Staffinember Beagle appeared and reminded Council a letter had been received from the realtor requesting this matter be acted upon as quickly as possible. After discussion the Mayor announced that there was not six votes required to waive the readings and the ordinance Council Activities November 19, 1985 Page 3 would receive second consideration only. Affirmative roll call vote unani- mous ' nani-mous, 7/0, all Councilmembers present. The Mayor declared the motion car- ried. Moved by Erdahl, seconded by Zuber, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consid- eration and vote be waived and that ORD. 85-3260, Bk. 26, pp. 370-373, ENA- BLING THE BUILDING OFFICIAL TO ISSUE A TEMPORARY CERTIFICATE OF OCCUPANCY, be voted on for final passage at this time. Affirmative roll call vote unani- mous, 7/0, all Councilmembers present. The Mayor declared the motion car- ried. Moved by Erdahl, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Dickson, that the ordinance for Planned Development Housing (PDH -8) on 7.44 acres for Melrose Lake Apartments located on Woodside Drive extended, be deferred until information is received from the Iowa Department of Water, Air, and Waste Management. The Mayor declared the motion carried, 6/1, Baker voting "no." A public hearing was held on the proposed sale and conveyance of the parcel of land known as "Parcel C" located in the Lower Ralston Creek area of Iowa City, Iowa, for private redevelopment. No one appeared. The matter will be scheduled for informal Council discussion within the next few weeks and both bidders will be notified. A public hearing was held on a resolution authorizing conveyance by Quit Claim Deed of the City's interest in a drainage easement located in Block 7, Braverman Center. No one appeared. Moved by Zuber, seconded by Ambrisco, to adopt RES. 85-330, Bk. 88, pp. 798-805, AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF THE CITY'S INTEREST IN A DRAINAGE EASEMENT LOCATED IN BLOCK 7, BRAVERMAN CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to make the following appoint- ments: Approving the appointment of Naomi Novick to the Urban Environment Ad Hoc Coffin. as a representative of the Design Review Comm., Approving recommen- dation of the Chamber of Commerce that Linda Lundquist be appointed to the Urban Environment Ad Hoc Comm. as a representative of the Chamber of Commerce Environmental Concerns Committee; Resources Conservation Comm. - reappoint Jeffrey Duffy, 1426 Dover, for three-year term ending 1/1/89 and to readvertise four remaining vacancies. The Mayor stated the vacancies on Resources Conservation will be readvertised and if no applications are re- ceived the Council may wish to schedule time during an informal session to discuss the Commission; P&R Comm. - appoint John Watson, 403 Elmridge Ave. and Mary Weideman, 1308 Muscatine Ave. for four-year term ending 1/1/90; Human Rights Conn. - appoint Marsha Bergan, 1128 N. Dodge St. Ct. and Lois Smithart, 421 S. Lucas, for three-year terms ending 1/1/89, readvertise one vacancy; Bd. of Examiners of Plumbers - to readvertise vacancy for Journeyman Plumber and to appoint John Carmack, 766 Keswick Drive, for two-year term Council Activities November 19, 1985 Page 4 ending 12/31/87 as a representative of the public; Bd. of Adjustment - readvertise vacancy for a five-year term ending 1/1/91. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present.- Ambrisco resent.Ambrisco requested an update on the building of a structure on the corner of Gilbert and Bowery. The City Mgr. reported that the site had been granted special exemptions by the Bd. of Adjustment and approved by the Iowa Depart- ment of Water, Air, and Waste Management. Staff will report back as to the status of a building permit for the site. Ambrisco complimented the design of the new Iowa Avenue Bridge. Dickson questioned the status of renaming South Riverside Drive. The City Mgr, stated everyone with an address of South Riverside Drive will be contacted and staff will update Council. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-331, Bk. 88, pp. 806-808, AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT FOR 1986 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 OFFICER FOR THE GRANT, as revised 11/19. 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. 85-332 Bk. 88, pp. 809-813, APPROVING IOWA CITY'S 1986 THROUGH 1991 STREET CONSTRUCTION PROGRAM. The City Mgr. stated funds for the program would be a combination of federal, state, and city. Zuber noted that the total was $9 million. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor de- clared the resolution adapted. Moved by Zuber, 814-816, AUTseconded YStrait, oadopt RB AUTHORIZING THEMAYORTOEXECUTEANDTHECITYCLERK� TO ATTESTpA SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND BANC IOWA, regarding Michael and Marilyn Foster. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-334, Bk. 88, pp. 817-823, AUTHORIZING THE EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CON- TRACT, HOUSING, VOUCHER PROGRAM NO. IA-05-VO22-001. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved seconded 824 851, ADOPTING AND LEVYING FINALbSCHEDULEoOF ASSESSMENTSt RES. 5AND5PROVIDING FOR THE PAYMENT THEREOF FOR THE FY1986 SIDEWALK ASSESSMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor de- clared the resolution adopted. Moved by Erdahl, seconded by Strait, to adopt the following resolutions: RES. 85-336, Bk. 88, p. 852, ESTABLISHING A LANDFILL USE FEE. The City Man- ager pointed out that the fee for the landfill was a fee established by the state that will be a charge upon the local uses to meet state-wide needs; RES. 85-337, Bk. 88, pp. 853-859, ESTABLISHING FEES FOR SERVICES AND ACTIVI- TIES OF THE IOWA CITY HOUSING 8 INSPECTION SERVICES DEPARTMENT; RES. 85-338, Bk. 88, pp. 860-861, ESTABLISHING FEES FOR CERTAIN pSERVICES PERFORMED BY THE FEES FORIOWA YPOLICE DEPARTMENT; N ;RFORMED BY THE ISCITYPWMALCObTROL BESTABLISHING CERTAIN SERVICES EEOWA DIVISION Council Activities November 19, 1985 Page 5 AND LICENSE FEES FOR ANIMALS KEPT BY RESIDENTS OF IOWA CITY. Individual Councilmembers expressed their views. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Ambrisco, seconded by Strait, that the ordinance amending Sec- tion 23-255 of the City Code to increase the fine for certain parking viola- tions, be given first vote for passage. Individual Councilmembers expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Baker, Dickson, Erdahl, Strait, Zuber, Ambrisco. Nays: McDonald. Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and that the ordinance amending Section 15-65 of the City Code to establish fees for Residential Solid Waste Collec- tion, be given second vote for passage.. Affirmative roll call vote unani- mous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Strait, that the ordinance be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Ambrisco, that an ordinance amendment re- garding the River Regulations in the Municipal Code, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Zuber, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consid- eration and vote be waived and that ORD. 85-3261, Bk. 26, pp. 374-377, ESTAB- LISHING RESEARCH -SERVICE FACILITIES, WAREHOUSES AND DISTRIBUTION CENTERS AS ELIGIBLE FOR PARTIAL EXEMPTION FROM PROPERTY TAXES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/1, with the following division of roll call vote: Ayes: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. The Mayor declared the motion carried. Moved by Erdahl, seconded by Zuber, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/1, with the following division of roll call vote: Ayes: Zuber, Ambrisco, Dickson, Erdahl, McDonald, Strait. Nays: Baker. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by Zuber, to adjourn 8:25 P.M. The Mayor declared the motion carried unanimously, 7/„0, all Councilmembers present. T4ar an K. Karr, yeT rc— i Informal Council Discussion November 15, 1985 Informal Council Discussion: November 15, 1985 at 1:50 p.m. in the Con- ference Room at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Strait, Zuber (2:25 p.m.), Erdahl (2:25 p.m.), Baker : - : 0 p.m.). Absent: Dickson, Ambrisco. Staff Present: Berlin, Helling, Karr, Cain, Timmins, Lundell, Schmeiser. (! Others Present: Zuchelli, Friedberg, Neuhauser, Wolf. Ta ee Recorded: Reel 85-C84, Side 1, 250 -End, Reel 85-C85, Side 1, All, e Berlin stated that City staff and officials met with Zuchelli and Friedberg last night and today and Zuchelli will present approaches the City copld take for downtown development. Friedberg explained the City should take a strategic approach rather than a design approach for the development of the parcel and look at all ele- ments of the downtown mall area, including physical and programmatic development. Friedberg stated the City has a functioning and viable downtown; should look at what can be done to induce a support retail business; and money and people are needed to create that retail base. Friedberg said a good retail base and ancillary cultural and recreation programs are needed. Zuchelli said the established retail businesses are now skewed towards the University market and less towards serving the residential population; incentive leasing programs could be utilized to target selected outlets to establish a full range of shopping; and the City should enhance recreation and entertainment aspects of using the mall. Zuchelli noted that the mall is eight years old and is showing physical attributes of wear. Zuchelli recommended a programmatic shift in policy to create incentives, diversities, more money and more people. Friedberg said the downtown must continue to address the University but must also address the local residents. Zuchelli outlined strategic strategies aimed at economic functions for the site that included two alternatives: Alternative A - highest and best use by private concerns looking at economic returns, or Alternative B - public and private usage oriented to business, entertainment and cultural ele- ments. Zuchelli said regardless of the merit of an Alternative A use, the City should never use the site for that function because that could be placed elsewhere in the downtown area. Zuchelli said that if the Alterna- tive B proposal cannot be done, the City should land bank the site or continue to try to develop it. Strait asked how Rockwell's need for office building will affect develop- ment of the parcel. Zuchelli stated that there are plenty of sites al- ready existing in the downtown to fill Rockwell's office needs and this site should not be used for that purpose. Zuchelli said the City should take a broadened policy look to assure the site has sizzle activities, is epic in proportion, is a keystone facility, including public -private -cultural -recreation and is a new statement of s j4aL -2 - identity for Iowa City. Friedberg explained the downtown needs a spacial hierarchy and the site should be an activity generator and offer space with the proper mix of retail and the kinds of space necessary for a wide range of activity in terms of cultural, entertainment or amusement. Zuchelli explained that there is a critical need to expand Civic Center space; there is no linkage or relationship between administrative func- tions of the City government and the line functions of the operations; and the City could recreate and utilize the existing administrative space in the Civic Center for police -fire functions and transfer the administrative function to this parcel. Zuchelli stated the City could generate economic leverage by spending the ;1.5 million to solve police, fire and utility problems and that would also contribute to the economic well being of the development at the site. Friedberg said the City functions would create an office/market potential at the site. Zuchelli sated that City functions, library functions, entertainment and cultural components, and private elements should be considered. Zuchelli suggested the City should slow down the architect's designing process of the Civic Center expansion if Council chooses to consider utilizing the site for City functions. Zuchelli said the site could also be used to meet expanded meeting and usage needs of the library and solve lack of exhibit capacity to support hotel and lodging industries. Friedberg emphasized that the proposed uses would not preclude private partici- pation. Zuchelli explained because of cost constraints, an interim usage program should be developed. Zuchelli emphasized that the site should not be left in its current form, should be left as a surface parking lot, and should not be allowed to detract from the function of the mall. Friedberg stated the interim use should not be a greening of the site because enough green open space already exists. Zuchelli stated that the interim use concept should be developed simultaneously with an ultimate use concept - the Alternative B proposal. Zuchelli said the final use should not be fi- nanced using general fund or capital budget and should use specialized financing such as the value from the UDAG grant, special district financ- ing, and a challenge grant program that challenges the community to match the public contribution. Zuchelli said the feasibility of staging the financing will determine the timing and the timing will determine the nature of the interim use. Zuchelli said that 1) Council should initiate a policy for development - Alternate B, 2) the site must respond to strategic strategy, 3) the interim use should not be passive but by ordi- nance cannot be made permanent and the use is redevelopment and programmatic, and 4) Council should do the project. Friedberg said the City needs to review the community and region at large to see what re- sources are available for programming possibilities for the downtown area. Friedberg said the function at the site should support retail activity but also have certain continuous activities that draw from the region, commu- nity and university. Zuchelli stated that the City needs to take bold action to stabilize current conditions and create newprograms, such as incentive lease outs, for specific targeted activities. Zuchelli said there has got to be a program, physical rejuvenation and retreatment of the main mall. ,:r_44.Z -3 - Strait inquired about the City function, library function, entertainment and private elements concepts. Zuchelli stated that because the library is deficient in meeting room space and due to a lack of adequate exhibit space for potential trade shows, a creative design could be developed to co -mingle those activities and solve expanding occupancy needs of the hotel. Friedberg noted that the program uses of the site are only early concepts but are based on past experiences of other municipalities. Friedberg said the planned space should be able to continually change complexion to meet the needs that arise each day. Friedberg said the entertainment function would not compete with the University of Iowa facilities but would offer a staging area to showcase activities and provide an all-purpose space for a great range of programmatic activities. Friedberg noted examples of communities that hire staff to plan programs for downtown malls. In response to Strait, Zuchelli explained that use of the site for City functions should be considered because it is not a necessity to combine administrative and operational City functions and if the administrative function is moved to the site, space becomes available in the Civic Center for line functions on a cost beneficial basis. Zuchelli said that if the City is going to spend capital dollars from the City's budget, moving the City's administrative function to the site would offer a cost effective solution to the line operation efficiencies in a leverage solution to an amalgamation and pulling together of support space. Strait asked if any parking would be integrated into the new facility. Zuchelli said additional parking as it relates to the proposed development would need to be studied. Zuchelli summarized the proposed alternatives for late arriving Council members. Zuchelli emphasized the site should be developed as a co -mingled public/private use site as pro- posed in Alternative B. McDonald stated that in a previous preliminary Council discussion about development of the site, Councilmembers demonstrated interest in exploring private/public usage. Zuchelli stated that now is the time to initiate that development due to Iowa's current economic climate. Friedberg advo- cated the Council must take action, the site should not remain as it currently is and interim use should be developed simultaneously with permanent use. Friedberg said that programming should be initiated during the interim period. Erdahl said the programming could be generated on a local, regional and national level. Friedberg emphasized the City should take a direction immediately and the site is currently impacting nega- tively on the downtown. Zuber stated that the City should address state and federal cuts and transit and sewer financing which are more serious than development of the site and which impact on the City's budget. Erdahl stated that the City should not wait for completion of the parking study to begin development with the process of the site; the City should now go ahead with development plans for the site; and the cost of sewer facility does not keep the City from going ahead with development of the site. Erdahl said the City had previously developed urban renewal proper- ties when faced with economic problems. Zuchelli stated that the City is losing expansion power - existing dollars floating to other economic regions; the existing function is in a weakened state and has to be stabilized, probably through program improvements; the _r- #1P -a- City has expanded function requirements for City office and library space and economic expansion functions for exhibit requirements, the City needs to increase programming activities in order to get a physical solution for the site, and the ultimate solution is a non -appropriated solution. Friedberg said there may be possibilities for the site that may not impact negatively on the tax structure. McDonald said the City faces serious challenges but has the responsibility and opportunity to do something on the site. Erdahl said the City should start immediately, the staff and Chamber should study ways to improve activities to make the mall and site more viable. Zuchelli said the City should make the transition from first generation redevelopment to second generation redevelopment and there should be programmatic changes. Zuchelli asked for authorization to proceed with site development. Council agreed to proceed to the next step of plans as discussed. Berlin said Zuchelli will put together a proposal and outline steps for develop- ment at the site. Friedberg stated the initial steps in planning will require help from the community to identify what resources are available. Berlin said staff will meet with various community groups. Neuhauser stated a Chamber of Commerce committee, chaired by H. Wolf, is researching the concept of public/private use at the site and what will generate new interest into the downtown. Friedberg stated the Chamber and Downtown Association are key members in the development process and are critical to the stability of downtown. Zuchelli stated that HUD has an experimental program to unify downtown merchants. Cain said the City has received information &.`•cut that HUD program. Strait inquired about attracting small conventions to Iowa City. H. Wolf said many conventions could not be accommodated in Iowa City because of inadequate exhibit space. Berlin said the Holiday Inn has contacted the City regarding additional space. Meeting adjourned at 3:05 p.m. t r i I Informal Council Discussion November 18, 1985 Informal Council Discussion: November 18, 1985 at 6:35 p.m. in the Council Chambers at the C vic Center. Mayor John McDonald presiding. Council Present: McDonald, Zuber, Strait, Dickson, Ambrisco, Baker, Erdahl (7:20 p.m.), Courtney - Councilmember elect. Staff Present: Berlin, Melling, Karr, Beagle, Moen, Nugent, Franklin, Cain, arrr_o T_Vifosh, Kimble. Tape Recorded: Reel 85-C82, Side 1, 62 -End, Side 2, All, Reel 85-C86, Side 1, 1-337. Planning & Zoning Matters Reel 85-C82, Side 1 A. Setter a -public hearing for December 3, 1985, on an ordinance to permit B. C. photographic studios in the CO -1 zone. Franklin stated this also will change parking requirements for photo- graphic studios and Council will receive additional information before the public hearing. 3. 1985, on an ordinance to 6I-r11*9 Beagle stated this is a joint consideration for rezoning and annexation request. zones. Beagle said consideration has been deferred indefinitely, a press release has been published, and the Planing and Zoning Commission is still con- sidering this. McDonald said the public hearing will be deferred. D. Resolution extendin approval of the preliminary plat for Hunters Run Subdivision, ars - , or mon s. Franklin stated there is a provision in the Code that allows Council to extend preliminary plat approval for a period of 18 months if it is a Council action exclusively done by resolution. Franklin explained the preliminary plat will stay exactly the same. Hunters Run was originally approved on a phased development schedule and a review period was in- cluded as a subdivider's agreement. The review would be triggered by Hunters Run not meeting the development schedule. Franklin said staff feels they are meeting the schedule for development so a general review for the whole PDH plan is not warranted at this time. The Planning and Zoning Commission has reviewed this and has no objections to the exten- sion. s-t4Z,3 0 1 2 E. Ordinance to create a research development park zone. Franklin said a public hearing was held last week. Baker asked about heliport and helistop requirements (redraft, page 4, Section 36.55). Franklin said the requirements referred to locations and a special excep- tion, except for child care facilities, are the same as what are in the ORP zones. Franklin referred to permitted uses, page 35A, and said Planning and Zoning Commission changed "drugs" to "pharmaceuticals." F. Ordinance enabling a local review of nominations of local orooerties to Franklin said no comments were received at the November 22 public hear- ing. Ambrisco inquired about tax shelters for limited partnerships in vesting in properties with a National Historic Register designation. Franklin stated that properties with that designation that are rehabilitated in line with the Secretary of Interior requirements may be eligible for tax incentives depending upon the work done on the build- ing. G. Ordinance to rezone 3.74 acres from I-1 to CC -2 of property owned by Owens Brush Incorporated on Mall Drive. Franklin said first consideration was given November 12. Beagle said this will establish a six -lot commercial subdivision, the lots will front onto Mall Drive and there is limited access on the three common access easements to serve the subdivision. Beagle said the Planning and Zoning Commission has expressed concerns about future traffic congestion on Mall Drive and First Avenue intersection. H. Ordinance enabling the building official to issue temporary certificates of occupancy. In response to Strait, Franklin stated the temporary certificate will be issued to a time specific period. I. Ordinance for planned development housing POH-8 on 7.44 acres for Melrose Lake Apartments. Franklin asked Council to defer consideration because staff has not received the Iowa Department of Water, Air and Waste Management (IDWAWM) approval. Berlin directed Franklin to contact the owner requiring that deferral. CDBG Program Recommendations Reel 85-C82, Side 1 McDonald stated that Council will take final action at tomorrow's formal Council meeting on the CCN's recommendations for allocations of Block Grant funds. Council discussed individual allocations as follows: Ralston Creek 0 en S ace Allocation. Council agreed to delete the $80,000 allocation for the acqu s tion of Ralston Creek open space. s`3 i Elderly Home Services Coordinator/Case Manager. Strait suggested f40,000-(45,000 be allocated and the Council should use the congregate hous- ing study committee's discretion in deciding which agency should house the case manager. Strait noted there have been previous allocations made for more than one year. Baker stated that the need for the project has not been sufficiently justified. Dickson stated that money should be put into a contingency fund to allow a qualified person to coordinate agencies and assist elderly who would like to stay in their own homes. McDonald said funds should not be precommitted beyond one year. Zuber suggested the case worker work with the shared housing program because of the similarities of the programs and that another separate full administrator is not needed. Ambrisco stated there may be jurisdictional problems between agencies. Berlin raised a concern about adding an additional human service when the City will be losing funding for current human service agencies. Berlin stated that if Council approves this project, the human service planner should work with agencies and present Council with a specific recommendation about the program. In response to McDonald, Berlin said Council approve the request contingent on staff's recommendation on a specific proposal. Council approved $35,000 for the project with contingencies as discussed. Luber asked about CCN's voting record on Shared Housing Program, Terrell Park and North Market Place playground projects. Lauria said CCN voted unani- mously for shared housing and every proposal was voted on. Systems Unlimited, Inc. Council approved $70,000 for Systems Unlimited's Fe Mid -Eastern Iowa Community Mental Health Center. Zuber stated that Johnson County should fund this project. McDonald stated that the proposal is a one-time request, the facility serves primarily local citizens, and the County has committed funds for operational expenses. Ambrisco said the service is not available elsewhere. In response to Strait, Vern Kelley said the property asking price is $85,000. Berlin inquired about handicapped accessibility, fire requirements and the use of the basement. Kelley said the basement will not be used and there is an entrance for easy accessibility into the building. Berlin said Council could fund the project contingent on meeting state and local safety and handicapped requirements. Berlin sug- gested Kelley contact Fire Marshal to inspect the building. Baker suggested the County help fund the project. Council agreed to fund the project as recommended by CCN. S�mthesis Studio/UAY. Zuber inquired about the eligibility status of the project. U Y representative stated a survey has been sent out and prelimi- nary findings estimate 83% of the families meet income guidelines. The UAY representative stated a letter has been sent to Mary Nugent regarding infor- mation requested by Council. Council approving funding the project as recom- mended by CCN. North Market S uare Handica ed PlayArea. Baker inquired about locating all e an icappe equipmen in one par Lauria explained that CCN felt ig was better to adequately equip one park with several pieces of equipment than to put one piece of equipment in six different parks and there is a large con- centration of physically handicapped people in the area. Zuber asked why CCN recommended to fund only $3,000. Lauria said CCN recommendations were based 5='1,3 4 on concerns about the amount of space available in the park for equipment because of previously funding the project. Kubby said the recommended amount would allow for full funding of the purchase of the obstacle course. Crisis Center/Food Bank Facility. Zuber asked about Marge Penney's evalua- tion ok the Crisis Center. Fredine Branson stated the Crisis Center is considering relocating to 528 Iowa Avenue.Schultz explained the full $156,000 will be needed to resolve accessibility problems. Berlin recom- mended a request be submitted to the Zoning Interpretation Panel to ensure that proper zoning is available at the location. Council agreed to fund the request contingent on working out details of the relocation. In response to Zuber, Branson stated the intervention and food programs will both be located at the new facility. Schultz noted that the Crisis Center Board has not acted on the 528 Iowa Avenue proposal. Emergency Vs ousinProject Repairs Ambrisco stated he favors funding the emergency fousing repair reqs Benton Street Repair. Baker suggested funding the Benton Street culvert project. Bain noted the project is in the CIP program. Berlin stated it will take $112,000 in addition to the ;75,000 Block Grant request. Berlin stated there are problems with using GO bonds for this project because of the impact of the transit levy, tort liability and other GO bond money as it relates to the Council's policy outlining property tax increases. In re- sponse to Councilmembers, Berlin stated repairs need to be done. Zuber said the project should be in the CIP budget but the CDBG contingency fund could be used. Lauria stated the contingency fund could be affected if the federal government makes a 15% cut on the CDBG funds. Erdahl and Strait inquired about possible conflicts of interest and voting on the CDBG recommendations as a package resolution. Timmins said he will prepare information for the Council before Tuesday's formal Council meeting. Council agreed to put the $73,000 of unallocated funds into the contingency fund for reallocation. McDonald thanked CCN for their efforts. User Fee Resolution Reel 85-C82, Side 2 Berlin stated fee resolutions on the agenda were previously discussed by Council and Council will receive information regarding proposed additional fees. McDonald referred to agenda item 21, the amendment to increase overtime parking fines from $2 to $3. McDonald opposed increasing parking ticket fines and stated that ;3 parking fines would discourage people from using downtown. McDonald inquired about state legislation requiring counties assisting local municipalities with fine collection. Berlin said there has been a proposal but there has not been any state legislation and Iowa City has discussed this issue with Johnson County. Dickson inquired about infant burial fee increases. Berlin said staff will provide Council with additional information. r--�3 I ✓. 5 J' Baker asked for an explanation about building permit fees. Berlin stated that there is not a dollar -for -dollar relationship as the project grows in size, and the cost of the permit and more staff efforts are required for smaller projects. Baker noted that increased building permit fee costs will be passed along to consumers. Council Time/Agenda Reel 85-C82, Side 1 1. Strait requested the Rules Committee meet to discuss Council spouse participation on boards and commissions. Erdahl and Baker scheduled a Rules Committee meeting meeting November 19, 1985, after the formal Council meeting. 2. Baker requested information from the previous two years and for a Contin- ual update regarding consultant fees paid by the City. The majority of the Council requested a continual update at the end of each fiscal year on consultant fees paid by the City. 3. Baker stated opposition to the .5% gas and electric franchise fee but stated that he is willing to support the .5% franchise fee to allow it to be presented to the voters. Timmins stated he is not prepared to have the ordinance ready to be voted on before the end of the year because the draft of the ordinance has not been discussed with Iowa -Illinois Gas d Electric Company and a gas franchise has not yet been prepared. The majority of the Council agreed to proceed with the franchise agreement by going through the normal process. Timmins stated he will review informa- tion regarding time frame to present it to the electorate. Appointments Reel 85-C86, Side 1 Resource Conservation Commission: Jeffrey Duffy Parks and Recreation Commission: 1. John Watson 2. Mary Weideman Human Rights Commission: 1. Marcia Bergan 2. Lois Smithart 3. Readvertise Board of Examiners of Plumbers - 1. Public: John Carmack 2. Journeyman Plumber: Readvertise Board of Adjustment: 1. Readvertise Council Time/Agenda (continued) 4. In response to Karr, Council agreed with the ordinance change proposed re the organizational meeting process as outlined in Karr's November 15, 1985 memo. 5. McDonald noted that the December 10, 1985, informal Council meeting will be rescheduled. Ed 6. McDonald noted that the Chair of the Board of Supervisors would like to schedule a meeting in December with Council. Staff will contact the County re scheduling. 7. Council agreed to Robert Downer's request to schedule a special formal meeting November 26, 1985, for Economy Advertising Industrial Revenue Bonds. 8. Berlin asked if Councilmembers had any question about his November 15, 1985, memo regarding department head recruitments/salaries. 9. Ambrisco inquired about the wastewater treatment plant. Berlin said the City has received a draft of the report from Metcalf d Eddy on the organ- izational structure and a draft of the financial alternatives. Berlin said the ad hoc committee will be meeting the first week in December. Ruppert Property Reel 85-C86, Side 1 Berlin said it cannot be justified to go into executive session to discuss the Ruppert property. Berlin said he met with Charlie Ruppert to discuss the property. Ruppert said he would like to take into account expansion needs of a garage which would reduce the size of the park or necessitate a reconfiguration of the park land. Berlin asked Council about possible rezoning of the land and future discussion of a price. Council discussed RM -20 and RM -12 zoning. Erdahl said that Council agrees that either may be good zoning and good land use, but that Council is contracting for a park and only discussing a level of zoning that is compatible with the park and money is really not an element in the zoning. Executive Session Moved by Dickson, seconded by Erdahl, to adjourn to executive session under Section 20, collective bargaining, to discuss as a public employer strategy regarding collective bargaining with City employee organizations as such discussion is exempted from the provisions of Chapter 1 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor declared motion carried. Council adjourned to executive session at 8:40 p.m. 9 !1 CITY COUNCIL RULES COMMITTEE November 19, 1985 RULES COMMITTEE: Meeting of November 19, 1985, 8:35 P.M. Conference Room of the Civic Center MEMBERS PRESENT: Erdahl, Baker MEMBERS ABSENT: None STAFF PRESENT: Karr SPOUSE POLICY FOR BOARDS AND COMMISSIONS Erdahl proposed the following language to address the question of whether a spouse of a councilmember would be eligible to serve on City Boards and Commissions: PROPOSAL It is the finding of the City Council that spouses in certain situations should be eligible to be members of Boards and Commissions. However, to avoid the appearance of impropriety or a perception on the part of the public that favoritism or nepotism is involved certain standards or rules of the organization should be followed. Ii - In order for the spouse of a Councilmember to be eligible for -member- ship on a Board or Commission one of the two conditions should exist: (a) A lack of sufficient number of applicants for the position over some period of time, or (b) Particular qualifications for the Board or Commission on the part of the spouse who is an applicant. Those qualifications not being generally available among the population. 2. The member of the Council whose spouse is applying for a Board or Commission position should abstain him or herself from any and all discussion of the appointment of any of the applicants for that vacancy or vacancies available at that time for that Board or Commission. 3. In order to avoid any appearance that members of the Council are voting as a result of improper pressure by their.fellow Council - member where a spouse is an applicant for a position, voting for that Board or Commission should be done by secret ballot. Rules Committee November 19, 1985 Page 2 After reviewing the elaborate nature of the proposal and possible problems of interpretation, Committee members agreed to a"straight forward policy"stating that "Spouses of Councilmembers shall not be eligible for Board or Commission appointments". Members requested that the proposal be detailed in the minutes for Council review. JOINT CITY AND COUNTY APPOINTMENTS Committee members agreed that unless specified in Board or Commission by-laws that one representative of a Board or Commission should serve as a representa- tive on another Board or Commission that no dual appointments be made. They further stated they did not recommend members of County Boards or Commissions be eligible for City Boards and Commissions. Z `7"