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HomeMy WebLinkAbout2005-05-06 Transcription#3 Page 1 ITEM NO. 3 ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILTIES," ARTICLE H, ENTITLED "SOLID WASTE," SECTION 8, ENTITLED "STORAGE OF SOLID WASTE" BY AMENDING SUBSECTION E, ENTITLED "LOCATION OF SOLID WASTE CONTAINER," AND BY ADDING A NEW SUBSECTION F, ENTITLED "DOWNTOWN SOLID WASTE CONTAINER CODE" TO ESTABLISH A PERMIT SYSTEM FOR STORAGE OF SOLID WASTE CONTAINERS IN THE DOWNTOWN PUBLIC RIGHTS-OF-WAY. (First Consideration) Lehman/ (reads item) Champion/ Move first consideration. Lehman/ Moved by Champion. O'Donnell/ Second. Lehman/ Seconded by O'Donnell. Discussion. Elliott/ Yes, I would like to put this off until we have a meeting to have some discussion about it. Vanderhoef/ I think what I was reading in the ordinance was that this was just an enactment but as far as procedural which I think are the things that we are going to want to talk about that will come later as the resolution. So I'd be willing to go ahead and with this today. Bailey/ Have we talked to the permit holders ... Atkins/ Yes. Bailey/ ...to get a sense of whether this is enforceable and manageable? Atkins/ Yes, we ordered the stickers. We've spoken with the haulers. Ah, I'm trying to put it all together just as we have discussed. If you want some more discussion about it I'd really ask that you at least do first reading. We can put it on for the 16thand I can tell you or give you an update on where we are on the matter. Bailey/ And when I say permit holders i'm talking about the people downtown, the building owners downtown. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #3 Page 2 Atkins/ No, no we've not done that. Bailey/ See that's where I anticipate a lot of additional discussion. I mean if we are going to get an enforceable ordinance it's going to have to involve that. Atkins/ Well, the ownership of the dumpster is the hauler's, and the haulers have the obligation now to keep it clean, in order to purchase the sticker, to secure the position in the public right-of-way, to serve their customers. I wasn't going to go and say to Enzler's or to Catherine's and say "Where do you want your dumpster?" Bailey/ Right. Atkins/ I don't think we want to get involved in that. We want the hauler to have a licensed dumpster to serve those businesses. Bailey/ So we have the expectation that the hauler has talked or will talk to their customers? Champion/ They don't have too. Atkins/ They don't have too, but I am assuming that they would want to do that because ultimately you're going to, I want to, put a fee on the dumpster. Bailey/ Right, that's my concern about ... Atkins/ I am proposing that the first year be no fee. I will propose that to you. Lehman/ Unless the dumpsters are identified... Atkins/ Right. Lehman/ ...we can't enforce any ordinance. Atkins/ We can't do anything. Lehman/ And the only way you are going to identify them is to license them. Atkins/ That's right. Bailey/ So that part of it has basically been taken care of. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #3 Page 3 Atkins/ This is what does that. Bailey/ No, I mean that part of discussion and people understand it and we're not going this back with "Why are you raising our..." Atkins/ I doubt that very much. Lehman/ We're going to get that anyway. Atkins/ You may get that anyway but I doubt that very much. Bailey/ That's my concern about voting first consideration on a meeting that there are lots of people who really don't know about it. Champion/ But there are still two more considerations. It isn't like .. Dilkes/ It isn't really the meaning of the permit system it will be in the resolution and wouldn't come until the third reading of the ordinance. Bailey/ Resolution. Dilkes/ Basically what this does is the way the Code is written right now it requires a written agreement between the person with the dumpster and the City and so we would have to send every agreement through Council ... Atkins/ Through you. Dilkes/ and would really be pretty unworkable. Bailey/ Right. Get that. Dilkes/ That's really all this does. And the resolution then will have the meat of the ... Elliott/ I would compromise with the first reading but I want to know what the trash collectors, what they have to say, and Steve can probably tell us that. Atkins/ yea. EIliott/ I want to know what the owners and operators of the buildings have to say. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #3 Page 4 Atkins/ That I can't help you with. I mean if I am going to contact every property owner in downtown we wouldn't get this done for a year. Elliott/ I just don't like the City doing something that impacts them without without contacting them. Lehman/ I agree with you Bob except they're doing something that impacts the entire City. Everybody downtown, every pedestrian, every shopper downtown deals with trash blowing all over the alleys. We have said that's a big problem and we want to see it addressed. The only way we can address the issue is to find out who is in charge of the dumpsters by licensing them. O'Donnell/ This is simply a method of identifying the dumpsters and we'll be able to go forward. Bailey/ And I agree with that and it's an 8:30 meeting with no press here and so that sends a different message then... Atkins/ That's a good point. Bailey/ ...then having it at a regular meeting where the people got a heads up. I mean 1 don't want to send a message that we're trying to slip something by this community issue we keep talking about it sorta jointly. I mean first consideration but this may indeed slow down the second and third consideration and I encourage us not to consider to expedite this at all. A thorough discussion. Elliott/ The City has indicated it very much supports neighborhood associations. As a matter of fact we have a paid position for that. And one of the ways to make the Downtown Association more effective is to keep them involved in things like this, and I would just not be in favor of doing this unless a representative of the building owners and operators is contacted and we get some information from them. This is a way to make the Downtown Association more viable. Wilburn/ I'm okay going with first consideration. I will not attempt to expedite it. It's not totally out of the blue. The concept is out there because it's been discussed that we have been interested in doing something related to permitting in the downtown area. That's been out there, that's been in the papers. Champion/ The other important thing is this is City property that these dumpster are sitting on. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #3 Page 5 Vanderhoef/ Yes. Atkins/ Yes. Champion/ They're not private property. I mean I can't even put a rack out on the sidewalk whenever I want to but we let people put dumpsters with filth blowing out of them anywhere they want basically. Bailey/ And I agree with you Connie I'm just saying that we get a little bit more cooperation when we have those discussions and I think we set ourselves up for failure if we are not inviting people in. I mean it doesn't have to be a long process discussion. I mean this is the direction we want to go. We're real clear about that but I think that we need to make sure that people are involved and feel like it didn't you know slip by on some Friday morning meeting. Champion/ Steve can get a copy of it to the Downtown Association. Lehman/ Yea, can we set a note to the Downtown Association indicating our intentions and ask ... Atkins/ We intended to send them all sorts of information. Lehman/ Right. Atkins/ We turned this over to them a year ago. Lehman/ I realize that. Bailey/ Right. Atkins/ It didn't go anywhere. Lehman/ Right. Atkins/ And that's why we... O'Donnell/ And yet everybody continued to complain about the stuff .... walking around downtown. Bailey/ But between now and ... O'Donnell/ I can't image anybody not supporting this because this is something that we need to do to clean up downtown and the alleys. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #3 Page 6 Bailey/ Here in Iowa City you can't imagine anybody not supporting ..... (Laughter) O'Donnell/ No, I really can't. I would be amazed if we have anybody ..... Bailey/ I just think between now and May 17 we have to make sure that people are aware of this and we hear any concerns that they might have or any support that they might have. It's always fun ... O'Donnell/ I don't disagree with that at all. Elliott/ I would also like to know how this fits in with the total comprehensive look on what we are going to do with downtown. The downtown sidewalks and streets in general and the alleys in particular. You know how are going or what are we going with the sidewalks. Who's going to pay for it? Will the merchants be? Could we have a zoning code that any new buildings downtown have to have an outlet for a hose in front so the sidewalks can be hosed off? Things like that. I think we just need not to take one step at a time. We need to take a look at downtown area and say what are we going to do? How are we going to do it? When are we going to do it? Who's going to pay for it? How do we let people know about? How do we get people on bound? That's what I want to do. Champion/ Well we can do it slowly. Babies take one step at a time before they run. Elliott/ But we ain't babies. Lehman/ Are we ready to vote on this? Elliott/ Yes. Lehman/ Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #6 Page 7 ITEM NO. 6 CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO EVALUATE THE PROFESSIONAL COMPETENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFORMANCE OR DISCHARGE IS BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND IRREPARABLE INJURY TO THOSE INDIVIDUAL~' REPUTATIONS AND THOSE INDIVIDUALS REQUESTED A CLOSED SESSION. (City Manager, City Attorney, City Clerk) Lehman/ (reads item) Vanderhoef/ Move the resolution. O'Donnell/ Second. Lehman/ Moved by Vanderhoef, seconded by O'Donnell. Roll call. Dilkes/ Did you want me to give that little overview? Lehman/ Oh, we will as soon as we vote. Atkins/ Before you vote... Lehman/ Yes. Atkins/ Do you need to take action on those appointments? I mean when they go into executive and it starts immediately. Kard No, they have to come back to adjourn anyway Steve so it doesn't matter. Atkins/ Okay. Never mind. Kard So, he's just wants it at the end of the item before you go into executive. Dilkes/ I thought we would do it during discussion. It doesn't matter. GO ahead and vote. (roll call) Lehman/ Motion carries. Before we go into executive session I've asked Eleanor to give us just a brief synopsis of the issues that we may or may not discuss. Dilkes/ As I indicated the Mayor as asked that I provide just kinda an overview of what discussion is permissible during the executive This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005. #6 Page 8 session that is called for the purpose of evaluating an employee. There's a lot of line drawing here obviously that I can't do because I'm not with you when you're evaluating Marian and Steve. I can do it in my own but not in theirs. (laughter) And you know when we are in executive session on other matters you know if I think its heading off into a subject that really not covered I'll stop you and pull you back on point. But it's kinda hard to it in advance but I thought I would just give you some parameters. Fundamentally need to remember that this is your critique of your employees and their performance and that necessarily involves a dialogue between you and the employee obviously. In executive session for an evaluation of an employee is not a time to discuss City policy, the state of the city, ah you know let me give you an example. It's not appropriate to go and talk about the alcohol policies of the city for instance. You would be appropriate to discuss whether given the policies that the Council has out in place whether the City Manager, City Attorney, and City Clerk are executing those policies as you instructed. That's kinda the distinction there. But it shouldn't get off on just kinda of a summary what's happening in the City these days. Another issue is discussion of the performance of a staff member of the employee that you are evaluating. That's acceptable to the extent that it relates to the performance of the City Manager for instance if you're evaluating the City Manager or me if you are evaluating me and you have questions about a member of my staff and that relates to my performance in your evaluation of my performance. To the extent that it does not relate to my supervision, my running of my office, whatever, something related to my performance is not an acceptable topic of discussion. So those are kinda the very bound parameters and you're on your own. (laughter) Lehman/ Alright. Thank you. (adjourn to executive session) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of May 6, 2005.