HomeMy WebLinkAbout2008-08-25 TranscriptionAugust 25, 2008 Special City Council Work Session Page 1
August 25, 2008 Special City Council Work Session 6:55 P.M.
Council Present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
Staff: Lombardo, Helling, O'Malley, Dilkes, Karr, Davidson, Kuecker,
Trueblood, O'Brien
Other: UISG Reps -Gunn and Swedlund
Planning and Zoning Items:
ITEM 5. PLANNING AND ZONING MATTERS.
b) APPROVING VACATION OF THE NORTHTOWNE
PARKWAY RIGHT OF-WAY AND PARTIAL RELEASE OF
PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER
DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA.
(VAC08-00002)
c) AUTHORIZING CONVEYANCE OF VACATED
NORTHTOWNE PARKWAY RIGHT-OF-WAY LOCATED IN
HIGHLANDER DEVELOPMENT, THIRD ADDITION TO
SOUTHGATE BP PROPERTIES.
Davidson/ Madame Mayor, Members of Council, uh, this evening we have items b, c,
and d on the Planning and Zoning Items, and this should be very brief. iJh, items
b and c are the vacation and then conveyance of Northtowne Parkway. LJh, this
should be quite familiar to you because I know we've talked about it several
times, and there have been several loose ends to get tied up. We believe those
loose ends are tied up. This is the existing Northtowne Parkway and unless you
have questions I won't go back into why we are recommending this, but basically
it's a swap, uh, for the location there, uh, to a location...which would...let's see,
Christine...okay, up at the...here we go. Up here, uh, when the subsequent
development of this area occurs, uh, the new Northtowne Parkway...oops, would
be, uh, extended this area to the future alignment of Oakdale Boulevard. We
didn't put that slide in, but I think you're all aware that at the time Northtowne
Parkway was originally platted, and you can see a piece of it was constructed, uh,
we had not studied Oakdale Boulevard extensively enough to know whether or
not it would go below or above Interstate 80 when it crossed it, and we now know
that it would go above, and because of that, the existing location is very difficult,
if not impossible, to tie into Oakdale Boulevard, which is the whole idea of that
street. So, it'll be much easier to do at the location that, uh, we're recommending.
So, it's basically a swap of the old alignment for the new alignment. There'll be
no money exchange hands in this particular conveyance. Any questions?
Hayek/ This is a logical next step to a process we've already discussed and supported.
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Davidson/ That is correct.
Hayek/ Okay.
d) CONSIDER AN ORDINANCE AMENDING TITLE 15, LAND
SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. (PASS
AND ADOPT)
Davidson/ Item d then is pass and adopt on the subdivision regulations. Any questions?
Thank you.
Council Appointments:
Bailey/ Thank you. All right, next item on the work session, Council Appointments. We
have appointments for Housing and Community Development, one vacancy, two
applicants.
Correia/ I recommend Mike McKay. As he noted in his application, he had talked to me
about it, I worked with him on the Housing Action Team as Co-Chair for the
successful, uh, livable communities for successful aging, um, so he comes in with
more knowledge about housing, um, in a particular focus area that I don't believe
is...that there's specific expertise already on the Commission (mumbled)
O'Donnell/ (mumbled)
Bailey/ Other comments? Okay. I support that. (several talking)
Correia/ He also worked for twenty years for Systems Unlimited.
Bailey/ I saw that. I thought that was interesting.
Correia/ Yeah, so (mumbled)
Bailey/ So, Michael McKay for Housing and Community Development, and then we
have Police Citizens Review Board. We have two vacancies, and four applicants.
Um, three males, zero females currently serve on this.
Wilburn/ I'd like to put out Janie Braverman and Abigail Yoder.
Bailey/ Okay.
Champion/ Sorry, what?
Wilburn/ Abigail Yoder and Janie Braverman.
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Champion/ Oh, yes!
Correia/ I spoke with them, as well, for this Commission.
Bailey/ ...quite familiar with Abby's work, so...is there a general agreement for Janie
and Abby?
Champion/ Uh-huh.
Bailey/ Two, three, four. Great. All right. Moving on. Agenda items.
Karr/ Madame Mayor, I think you had a Youth Advisory Commission appointment?
Bailey/ Oh, I'm sorry!
Champion/ Oh, we do!
Bailey/ Thank you. We had talked about it this afternoon, so I (mumbled) Do you want
to speak to that, Marian...or Ross? Given that they're in (mumbled)
Karr/ You have one vacancy currently on, um, which has been an ongoing vacancy in the,
uh, 18 to 21 group, uh, your applicant is in the 15 to 17 age group. Your
resolution does allow you to waive the age requirement. I'd like to point out that,
uh, a number of things. Number one, we just received a, uh, notification at the
last meeting and will be adding it to the agenda, um, one of our 15 to 17 year old
members is, uh, resigning and he's attending college out of, uh, state, so we will
have a 15 to 17 coming up, that this one could be utilized for. In addition, we
may also have another 15 to 17 year old vacancy, uh, for the same situation - a
senior is graduating and will be going out of state to school. So, potentially you'll
have two 15 to 17 vacancies. So if you would appoint this one to that 18 to 21
slot, you potentially would have, uh, five in that age group, but given that you
may also want to consider, they are in the process right now, the Youth Advisory
Commission, and Ross can answer questions to that, to taking a look at the bylaws
regarding membership. And, that...the recommendation, hopefully, will be
coming to you, um, in the next month or so. It does mean that right now it
will...the Commission is down to four members. So there are a number of things
going on, but I...I did want you to be aware of two imminent vacancies, and the
fact they are taking a look at their bylaws and membership.
Bailey/ Ross, did you have a recommendation, or some thoughts about this?
Wilburn/ I...I would say, I think given the circumstances with membership and, uh, that
we're looking at possibly retooling, that we make the appointment, try to, uh...do
the waiver so that we can, uh, again get the committee up and continuing moving
forward.
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Bailey/ So, do the appointment, rather than wait for one of the other slots...okay.
Karr/ Um, okay, we certainly can do that and that's why it's on for you this evening.
Um, the other option, again, in light of the fact that you will have some more
coming up is that all of your 15 to 17 slots then currently are from the same high
school.
Wright/ I was wondering about that.
Correia/ Well, I think given that we've had the opening in the 18 to 21 for a very long
time, and no applicants, I'm willing, I mean, I think it makes sense to waive, um, I
know we do an outreach to all the schools, and when I was the liaison they were
on Facebook. I mean, it's hard to, you know, we have students that are very busy
in our community, which is a good thing, um, and I think recruitment happens
through word of mouth, and so if you have a group of West High students and
they talk, you know, I think there are a bunch of City High students on at first, so
I don't think it means they can't be representative, because (both talking)
Wilburn/ Right, and...
Correia/ ...they can do that.
Wilburn/ Yeah, and um, I'm trying to work with two of the other high schools to try and
get some applicants coming in, so...
Champion/ The other thing we should maybe think about is that age 18 to 21 even a good
age? Don't kids tend to leave home...I mean, hopefully they're going to college.
I mean, not all kids do, but maybe that's going to be a spot that's always going to
be difficult, for that very reason. That 18 year olds who are probably going to be
interested in this commitment are probably going to go off to school somewhere.
Karr/ Couple observations to that, Connie, would be, number one, I believe what we were
looking at in the 18 to 21 are those potentially new people to Iowa City, as well as
those that reside here. So taking a look at that group, as well, and uh, secondly,
what we've experienced is...certainly in the younger age group, the older they
are, they tend not to stay here to go to school, so we lose the seniors in high
school regularly, much more than the term of the 18 to 21, if we can get them.
Champion/ I see. Sure. Yeah.
Karr/ So it's kind of...and that's one thing that the Commission is looking at - at those
type of membership issues.
Bailey/ Okay, so, um, is there an interest in waiving the requirement and allowing this
person to fill the vacancy?
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Champion/ Yes.
Hayek/ (several talking)
Bailey/ Okay. Thank you. All right. Agenda items.
Agenda Items:
ITEM 18. CONSIDER A RESOLUTION AWARDING THE VEHICLE TOWING
AND STORAGE SERVICES CONTRACT TO BIG 10
UNIVERSITY TOWING, INC
O'Donnell/ Number 18, uh, vehicle towing and storage -said we had one, uh, response,
one bid come in on that. Is that normal? Is that what we normally have?
Bailey/ Dale, can you speak to that?
Helling/ LTh, the norm is probably one, yeah. My understanding is sometimes that they
contract, subcontract with one another for certain services, but uh, generally we
only have one, occasionally we've had two in the past, that can meet the specs in
Iowa City (mumbled)
O'Donnell/ Who's doing it now, Dale? Is it...
Bailey/ Big 10.
O'Donnell/ Big 10. (several commenting) Just seems like we could get more than one
(mumbled)
Wright/ Is it just a matter of capacity? One is big enough to handle the contract?
Champion/ I think that has a lot to do with it.
Helling/ It has the equipment and the storage, and so forth. Many years ago there were
more than one, and we would go back and forth between them, but that's been a
long time, and with the storage capacity we need and the equipment for the heavy,
uh, got to move heavy vehicles and that (mumbled)
Hayek/ FYI, I'll be abstaining on this tomorrow night. We have a conflict...I have a
conflict.
Bailey/ Okay, thanks for letting us know.
Wright/ On 18?
Hayek/ On 18.
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Bailey/ All right. Other agenda items?
ITEM 6. DECIDING THE APPEAL TO CITY COUNCIL OF THE
DECISION OF THE HISTORIC PRESERVATION COMMISSION
REGARDING THE CERTIFICATE OF APPROPRIATENESS TO
ALTER THE ROOF SLOPE WHEN REMOVING THE BUILT IN
GUTTERS ON THE BUILDING LOCATED AT 803 E. COLLEGE
STREET.
Champion/ Well, I just wanted to ask, although I know I just want Eleanor to just take a
couple steps with me on this Historic Preservation, the protest. I mean, we really
don't have the right to just decide that we think they should change it. It has to be
that we don't think they've met the guidelines, isn't that true, that the
Commission.. .
Dilkes/ You don't have the right to decide just what you would do if you were in their
situation. Um, what you...what you're doing is looking to see whether they
followed all the rules, and whether the decision that they made was based on
something that's in the record and that is reasonable as opposed to just...whatever
they wanted to do rather than looking at the guidelines, etc. (both talking) But
you can't substitute your judgment for theirs.
Champion/ Okay, thank you.
Correia/ I think for me when I was reading through all the minutes, the complicating
factor's that the vote was 4 to 4. I'm not...
Dilkes/ You know, and really probably most of this discussion should occur tomorrow
night, when the person who is appealing is here. Um, I'd urge you to ask those
questions.. .
Bailey/ Can we have some of this discussion to make sure we understand what the
decision is that we're making tomorrow, and what we have to consider?
Dilkes/ Oh, yeah. In terms of the standard, I don't have any trouble, but Amy's asking
particularly about the 4/4 vote and what the.. .
Bailey/ Well, I'm sure she can repeat the question tomorrow, but I think that this will
help us understand exactly how we have to take into consideration these minutes.
Dilkes/ Assuming you're not going to get into the merits of the discussion.
Bailey/ We wouldn't do that, Eleanor. I don't think. (several talking)
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Davidson/ I want to make sure all of you have been introduced to Christina Kuecker.
Christina is our new Preservation Planner, along with doing regular Planning
work in PCD, as well, so I did ask Christina to be here this evening. If you did
have any questions, she will also be there tomorrow night, so we can duplicate
whatever discussion you'd like. But if there's anything that we can clarify
tonight.
Correia/ Well, I guess I'll have a...so, because the day that the Commission was having
this, um, they had this vote that has resulted in the decision, because of the rules
about a tie vote because they didn't have all their members there. Can...is there
the ability for the applicant to ask for it to be considered a subsequent...I mean, I
don't know how that fifth person, or that ninth person would have, if that...if that
ninth person felt as one set of four did that would have had a different outcome
for the (mumbled) that we have before us now, then we wouldn't be here, correct?
Because it would have been a 5/4 vote rather than a 4/4 vote?
Kuecker/ The Commission is aten-member commission so it depends potentially if the
entire Commission was there, there could have still been a tie vote, but.. .
Correia/ It's an even number?
Kuecker/ It is, um, there's one representative for each historic district, and then four at-
large.
Correia/ I thought we had odd number.. .
Bailey/ Because of representation that's (several talking)
Kuecker/ ...representation of the districts. Um, the...when the 4/4 vote did take place,
that was a reconsideration of the Commission, so they've already considered it
twice. Um, I'm not sure if them considering it a third time would be prudent in
this sort of situation.
Bailey/ Other general questions about the decision that we're going to make, or what the
parameters of the decision that we have before us.
Hayek/ ...Amy's question, what is the source of the rule on majority vote? Is that
something I could look at between now and tomorrow night?
Dilkes/ It's probably the bylaws.
Hayek/ Of that commission?
Dilkes/ Of that commission.
Correia/ Could we see those for tomorrow?
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Bailey/ Other questions, or other items that you'll need for tomorrow night?
Correia/ So we're deciding whether they acted accordingly?
Kuecker/ Right.
Correia/ (several talking) So what...except there's, um, what item is this again?
Kuecker/ Item 6. (several responding)
Hayek/ Well, there's a clearly worded standard of review that's in the Municipal Code on
this very type of appeal, and it's in staffs' memo and that's what we should walk
into here tomorrow night being cognizant of.
Bailey/ So any other information that, um, you might need from staff for tomorrow night,
or for discussion, or before tomorrow night's discussion?
Champion/ No, I don't need anything else.
Bailey/ Okay. Thanks, Christina, for being here. Other agenda items?
ITEM 7. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL
LOAN NOTES, SERIES 2008B
ITEM 8. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN
NOTES, SERIES 2008C
ITEM 9. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN
NOTES
ITEM 10. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN
NOTES, SERIES 2008D
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ITEM 11. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN
NOTE
Correia/ I was wondering if we could have somebody, if it's, um.. .
Bailey/ Are you still on 6?
Correia/ No, Items 7 through... l l .
Bailey/ Kevin's here.
Correia/ Yeah, Kevin. Um, just let us know...it looks like we did a bunch of these at our
last meeting, um, it's going to save...bags of money for the City, so I was
wondering how soon we'll realize those savings, is that dollars back into
operating costs, I mean, how...
O'Malley/ Um, the water and sewer ones will go into operating costs on an annual basis.
Um, the, uh, other one will go through out debt service, it will reduce our debt
service levy.
Correia/ Okay, so that has...
O'Malley/ That'll be over ten years also.
Correia/ So that has a potential of reducing the, our tax levy.
O'Malley/ Our tax levy, that's correct.
Correial Beginning next year, immediately.
O'Malley/ Right.
Correia/ Okay. So, great!
Bailey/ Other agenda items? Okay.
Champion/ Well, I just have one question that people have asked me about. On the
smoking ordinance, um, are we going to discuss that...
Bailey/ Pardon me?
Champion/ Oh, never mind...people have asked me, no, never mind. It's already on the
agenda for tonight. Sorry.
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ITEM 15. AUTHORIZING AMENDING THE REAL ESTATE CONTRACT
EXECUTED ON NOVEMBER 21,1995 WITH HAWKEYE AREA
COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE
OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2
OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA.
Correia/ So Item 15, the HACAP.
Bailey/ LTh-huh.
Correia/ Just so I understand -they currently make monthly payments, and the balloon
payment that they were to have made this September, they'll make next
September, in the amount of $448,000, roughly. Is that what that...is that correct
from the information we've received?
Bailey/ Do we somebody who knows that?
Lombardo/ I'm sorry, I was...what was the question?
Correia/ Item 15, HACAP, the extending their balloon payment on property that they've
purchased from the City, and so we received the, uh...it looks like they're making
monthly payments against the...and that the balloon payment due at the end is
$400,000. I'm just making sure I understand.
Dilkes/ The amortization schedule should show the balloon payment would be the
principle due on September 1St of 2008.
Correia/ So that would be...
Dilkes/ I'm not find...yes, it would be that amount.
Correia/ So they would continue to make their monthly, their currently monthly
payments?
Dilkes/ Yes, I don't think there's been any problem with that, at least to my knowledge.
Hayek/ Is there any concern among staff as to the establishment of any precedence
on...on this kind of arrangement, in terms of...
Dilkes/ That would be a question for Michael.
Hayek/ ...waiving all rights under a contract we made years ago with somebody?
Lombardo/ It's not something we discussed at staff specifically, but I can ask the
question and be prepared to answer it tomorrow.
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Correia/ Is there any specific reason that there...can't pay it as they originally thought?
Lombardo/ I'm trying to remember the discussion. We went through so much that day
and I...I'm at a, I have to admit, I'm at a loss right now in terms of
remembering..
Correia/ Okay.
Lombardo/ ...uh, the specific conversation on this, but um, I'll make sure that
somebody's here tomorrow night and can ask that, be able to address your
question.
Correia/ Okay. Thanks, Michael.
Bailey/ Other agenda items?
ITEM 19. CONSIDER A RESOLUTION APPROVING SUBMISSION TO
THE STATE OF IOWA A NOTICE OF INTEREST IN APPLYING
FOR HAZARD MITIGATION GRANT PROGRAM BENEFITS
FOR THE PURPOSE OF ACQUIRING FLOODED PROPERTIES.
O'Donnell/ Well, number 19...we've got one more meeting before this Notice of Interest
letter goes on the, uh, potential buyout, FEMA buyout. I assume that we're
moving...I know that we're moving forward on this. Do you think we should
have one more report on that? At a formal meeting?
Bailey/ Our next meeting is on the 11th, it's due on the 12Th
Karr/ 9th
O'Donnell/ Next meeting is the.. .
Bailey/ The 9th? Oh, sorry! And it's due on the 12th
Davidson/ I think we had planned on submitting it before the 12th. (several talking)
Hopefully.
O'Donnell/ Just a brief, uh, recap of where we are.
Bailey/ Did you want, I mean, once we do this resolution, you just wanted a recap that we
proceeded as we voted? I mean, that's how it will proceed, if we do this
resolution tomorrow night, right?
O'Donnell/ We're going to do that tomorrow night, but I mean, there's a lot of questions
out in the community right now and is it clear that our intention is to put all the
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properties on, and that includes Idyllwild and...and Parkview Terrace, as well as
Showers and so forth?
Champion/ I think we had made that very clear. (several commenting)
O'Donnell/ Is everybody comfortable with that? (several responding)
Bailey/ That's what the resolution will affirm tomorrow night. So, I think that that would
help the public be, um, comfortable, that that's where our commitment is.
O'Donnell/ Okay, good.
Wright/ We can just make sure that that's very clear when we vote tomorrow.
Bailey/ Yes.
O'Donnell/ Good.
Bailey/ Do you have any other, anything to add to that? Okay.
Davidson/ Basically the resolution is to implement what we believe you directed staff to
do.
O'Donnell/ Good.
Bailey/ Okay. Other agenda items? All right. Shall we move on to Facilities Master
Plan, which is in the Information Packet, #2 in the Information Packet. Are you
going to come up here or...
Facilities Master Plan (reference IP #2):
Lombardo/ I'll be talking over your shoulder, I see.
Bailey/ Just a lot easier.
Lombardo/ I...we had discussed some weeks back about, uh, the likelihood of proceeding
with a Facilities Master Plan, and Dale's been working with a committee of
department directors who have responsibility for facilities to, um, outline a
process for...for doing that, and um, what you see before you is...is kind of our
version of a comprehensive approach to do that level of analysis. To really
understand, uh, future growth needs, uh, not in terms of departmental needs, but
also then, um, the implications for that on the broader facilities, and how well are
we positioned to meet that need. Um, so it would be outlining where there
are...are potential problems where we know we will need additional space
and...and a recommendation for, um, how to approach and prioritize, uh, that
future growth need, and so, um, I commend Dale and staff. They did a great job
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pulling this together. If you're in agreement, we would proceed with a...a RFP
process and...and uh, get some information back on, uh, likely firms and costs
associated with proceeding this direction.
Bailey/ Questions or comments for Michael?
Champion/ I just have a question, and...it seems to me this sounds that we're talking
about a 10 and 12-year projecting? Doesn't seem very long to me. I mean, I
would think you'd want to project our further than that. Dale? What's...
Helling/ We talked about that, and you know, we could try to go out longer, but that time
frame, 10 to 15 years, roughly is probably just in terms of when you can make
accurate kind of prof ections on space needs and that sort of thing, and what's
going to happen in the organization over the next, uh, you know, that next period
of time. That seems like a time frame that you can operate in. Beyond that, it
becomes a lot more guesswork.
Lombardo/ Typically, and how I've handled this in the past is as you get into the actual
design of...of a new facility, say you build in flex space or you anticipate, um,
kind of a growth model for, uh, storage and things that kind of go beyond the 10
and the 12, so you have flexibility, but what I think this will outline is...is perhaps
the need for, uh, perhaps functions that are co-located now and...and uh, you
know, other facilities in the future, that type thing, maybe breaking them apart.
We'll know when they do the work, but often you build in the flex space so that
you can grow and there is some wiggle room, um, based on that.
Champion/ It just seems like a short time to me. I'm sure you're right, because I don't
know all these things, but just seems to me it takes us 10 to 12 years to get
anything done (laughter) so we're only going to project out 10 or 12 years. We'd
already be deficient!
Wright/ Well, of course, this is something that can be massaged as time goes on,
and...and we realize changes are...are due because obviously we won't be able to
do all the recommendations (both talking)
Champion/ Exactly!
Helling/ Some of these questions too...once you find a consultant that you're comfortable
with, then you can talk about these things, and they maybe comfortable saying 15
years, you know, whatever. So it's not etched in stone, but this is just the time
frame that we initially anticipated.
Hayek/ On the issue of consultants, is it a foregone conclusion that we...we really do
need to go out of house on...on this?
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Lombardo/ Yeah, I mean, to, um, to do the analysis in terms of growth based on our
service delivery components now and how that relates to usable space, we
don't...I know we don't have the expertise, but we also don't have the time and
staff right now to get ramped up. I think we have the capacity in terms of...of
intellect, but it, you know, it's not something we do on a regular basis, it's not
fluid, and there'd be a huge learning curve to have that person be productive and
right now I don't know that we have anybody that we can spare to really do that
level of learning.
Hayek/ Okay.
Bailey/ Other questions?
Correia/ Do we have a sense of how long a facilities' plan, master plan, takes? Is there an
industry standard -you hire a consultant and in six months or.. .
Lombardo/ With...with, as far ranging as this would be, it'd be a period of months, not,
but um, I've never seen them go beyond, you know, um, nine months to a year at
the most.
Correia/ Okay.
Lombardo/ I would expect it to be much less than that.
Correia/ Okay.
Wright/ I think a really interesting component of this will be the ADA audit.
Helling/ That's something that we would want to build in, because we haven't...we
haven't done a full audit since the ADA's...originally, when we were, um, about
early-90's.
Lombardo/ And there are some changes proposed for adoption this year that will have
far-ranging implications for us, and so I think it's timely that we really take a look
at the...
Wilburn/ ...under consideration right now in the House.
Bailey/ And so, just to sort of go with that, on the consideration of green design, I also
assume there will be some level of auditing of where we are, as well, as we
proceed. I mean, we're probably not as far along with that as we are some ADA
compliance, but...
Helling/ Again, that's something we would discuss with a consultant. Certainly we
would do it on anything going out, um, design and so forth, but as long as we're
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looking at our facilities anyway, that's certainly something that we would want to
(mumbled)
Lombardo/ There's some broad regional kind of initiatives too, looking at green
infrastructure, green development, and we're starting to kind of come up to speed
on some of those initiatives, to see if there's something, uh, we might consider
partnering with other, um, entities to do, whether it be, um, you know, looking at
our codes or looking at our building processes and...
Bailey/ Well, we're also benchmarking for the ICLEI project, as well, so I think that that
would come together. Other questions? So, the next, um, staff needs direction if
we should proceed with, um, developing an RFP to send this, um, out to have
consultants respond to this and potentially take this on. Are we interested in
proceeding in that manner?
Wright/ By all means.
Hayek/ Yes.
Correia/ Uh-huh.
Bailey/ All right. Do you have what you need? Thanks, um, next item is the, uh, year-
end financial report. Kevin? Michael? Dale?
Year End Financial Report:
O'Malley/ I think I asked Marian earlier to pass out, uh, a belatedly my budget to actual
comparison memo. Wanted to get that in the packet and I didn't get you that, but
stated today. Of course that's one of those states that's in there. It's from, uh,
Leigh Lewis to, uh, Michael and myself. I wanted to go through that first to give
you a...just a general overview how fiscal 08 ended up. Um, first off, fiscal 08
was the first year that we, uh, started charging our actual streets and traffic
engineering expense in the Road Use Tax fund to help us, uh, facilitate filling out
that form, that State Road Use form, but you're also approving, uh, tomorrow
night, and that's worked out very well, but uh, as far as comparison and years
prior, it becomes problematic, but going forward 2008 and beyond it...it works
okay. Um, of the General Fund revenue, the only real revenue issue there was
that we got more interest income than we...we thought we were going to get, uh,
we had scheduled...we had budgeted originally $1.2 million; we got $1.7. Uh,
oh, the other one was some additional Federal grant money for Transit. No,
actually that's FEMA money. I remember that now. That was for, uh, our ice
storm in February. Previous year. Uh, as far as expenditures, most of those
expenditures were, uh, one-time, uh, purchases that drew down our reserve
balances. I think, uh, if you go to page 2, I decided actually to compare last year
to this year, as a better comparison of what we're doing, versus actual to budget.
We kinda make budget a number, and then in May we adjust budget again to
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match what we think is going to happen, so it's not much real planning goes on if
you're...if you're amending the budget just before the year ends. So I thought
it'd be a better outlook as, uh, a more meaningful outlook to, how did we do this
year compared to last year. And what you see, um, on the revenue, the first
graph, I didn't put the taxes in because it skewed, our property taxes, because it
skews it. We have $22 million in property taxes and it would skew the bar chart.
So if you see the note under there, you'll see that our, um, revenue is about
600,000 more in property taxes, which represents about a 3% increase. I think
also that graphs make it pretty easy to say something without saying anything
verbally. Um, the only anomaly there is the...the inter-fund transfers, which we
borrowed money from the Landfill to pay for the, uh, fire...Fire Station #2
expanse...uh, demolition and expansion. One of the quirks of gap accounting is
that the, uh, fund that's going to be paying back the loan, the money has to flow
through it. So we borrow the money from the Landfill. We show it as a transfer
in receipt into the General Fund, and then you'll see down below in transfers out,
we spend it out to a C1P account to actually do the work. So, it's kind of a shell
game, but that's as close as I can do. Um, down below, if we go down to the
expenditures...by the way, if there are any questions, please interrupt me. Um,
down below in the expenditures for General Fund, the public safety is where we,
uh, also put in our flood expenses, and we had about $490,000 in June for flood
expenditures, that's why that's a little bit over last year. We just received money
from last February from the Federal government, so we're kind of holding the bag
on these, uh, or holding the money on these, uh, FEMA expenditures, flood
expenditures. And you'll see later in our...our FEMA estimate is about $7.5
million to get us back to where we were before. That's going to take some time
though. Public Works is up a little bit. I believe that's mainly due to gas use, fuel
uses, and the rest of `em are pretty close, not worth mentioning, other than the
transfers out, which are the, um, payments for the, uh, one-time expenditure to
debt service, fixing up Senior Center. I think they're kind of enumerated on the
first page. And also a transfers, the other accounting anomalies that the money
that the Transit system receives, we're supposed to put into a reserve for that, so
we receive the money, we show it as a, and it's within the General Fund, so it
inflates our transfers in and inflates our transfers out. But, uh, I'll show you the
net effect of that on our last sheet. Business types funds, uh, are pretty much
average, what we expected. I'd like to, uh, fast forward to the chart. It's easier to
explain the anomalies. On the revenue side, on page 6, uh, that $8 million in
Parking. I wish that was revenue, but unfortunately it's a loan. It's a $3 million
dollar loan from the Landfill to purchase, oh (noise on mic) excuse me, the St.
Pat's property, uh, which we still need to find funds to pay it back, and as you see
down below in Parking, they have expenditures higher than usual. That's the
transfer out to the CIP project to pay for St. Pat's. But, Parking is holding the
bag. They owe the Landfill $3 million and they're expecting...they were
expecting some parking impact fees to, um, on some projects in the near southside
to help pay for that, and they're also expecting the sale of some property, three
houses on Capitol and um, near Capitol. I think you're aware of the addresses,
Harrison, that they're going to hope pay for that, but I still think they might end
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up short, so we'll see how that develops. Wastewater did not have as much
revenue as I was hoping. Water did. Refuse did pretty good. Landfill did very
well. Airport, that was some revenue from the sale of those lots, and Stormwater
and Broadband are pretty nominal. On the expenditure side, um, Wastewater was
a little more than I wanted, and that's making me a little nervous because I want
to sell those bonds. I've been waiting three years for those numbers to be right so
I could refund those bonds and take advantage of the savings. So,
hopefully...we're having a presentation with Moody's on Wednesday, hopefully
we'll be able to still sell those on, uh, September 9`''. I think those Water
expenditures were, uh, for the extension of a water line to the south of the
community for the cement plant that we...that came to town. And, Landfill spent
quite a bit of money on the new cell, and also, handing out loans. (laughter) So
that's...that's kind of off the charts there. And Airport had some, quite a bit of
construction activity with the money they sold, they repaired one of their
taxiways, which was $200,000 or 300,000. Um, do you have any questions about
this aspect, before I go on to the, uh, the spreadsheet? The General Fund cash
balances?
Correia/ I just have a quick question about, um, end figures. So, in...on page 3 of the
memo, it says General Fund cash balance 19,275,000.
O'Malley/ Right.
Correia/ And then on the spreadsheet, actual ending balance, but that doesn't mean the
same thing then?
O'Malley/ No, there's some little variances from some small reserves.
Correia/ Okay.
O'Malley/ All right. There's, we changed our accounting system about four years ago,
and my controller and my budget person are still fighting over three small funds,
as how to classify them, so for budget, they get pursued one way, and for gap
accounting they're counted another way and...
Correia/ Okay.
O'Malley/ Okay? If you want to go on to the spreadsheet, uh, this is a cash basis
presentation. Um, as we...as Council indicated earlier in January, we should be
revisiting and closely monitoring our expenditures and revenue, and um, with the
new City Manager, we're trying to, uh, get him accustomed to some of our...our
terminology and stuff, so, uh, we're working on keeping you apprised of this.
Essentially, um, I mentioned earlier about the part, the Transit system with its,
um, increased revenue that it's getting off of...from the Federal government for
some of its programs, plus the, um, money it's earning from the Court Street
Transportation Center is, uh, restricted funds. So they cannot be used for, uh,
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general activities -only Transit activities, and so that's why if you see the June
30, 2008 actual column, uh, I think it's the unreserved...that's designated
restricted, unreserved ending balance...that, no...that's designated restricted at
$3, 433,000. $800,000 of that is monies that we're putting aside for Transit. Um,
and that kind of carries across, because we don't really spend it. And I haven't
seen a, uh, an expenditure request to draw those funds down. And about a million
of that money is money that's not ours, and the other, um, $600,000 or $700,000
is money that's...that's designated, but you could change the designation if you
so chose. Um, I think from my point of view, this spreadsheet really talks to me
about balanced budgeting. Um, I always look at the line -the net receipts above
expenditures - as a percent of the revenues. And as you see, we spent down our,
um, fund balance by $2.294 uh, we actually spent more than we brought in, so
that came out of fund balance, so we pulled down the fund balance for that. I also
added on this sheet flood of 2008, because this is going to be a significant event
that we'll probably have to carry for at least nine months, maybe longer, uh, and
so, that'll be attached to that remaining funds. And as you know, from our
working capitol discussions, we need to have $5 or $6 million in the bank, just to
meet our payrolls, because we only get paid, our tax payers only pay us twice a
year, but we have to, uh, dole out money every month. So, that's our working
capitol amount. So from that point of view, I think it's been very prudent for City
Council to keep the fund balance around 30% of expenditures. Uh, going
forward, 09 of course, we're going to have to monitor that closely every month to
see if the revenue comes in. Uh, some of the things I did mention in that report is
fuel costs. They're starting to impact our budget. Uh, we didn't have, the 09
budget was based on 07 actuals, and as you all know, the price of gasoline, diesel
fuel has skyrocketed, and its coming down a little bit now, but it's still at historic
levels, uh, those are...that's going to impact, uh, our budget. Uh, I guess the rest
of it is all projections - 10 and 11, and if you remember 12 is the year we have
our 27th pay period. Other than that, uh, I think this is a status update. Any
questions about this?
Hayek/ So the, uh...the unreserved ending balance shown as of 6/30/08 does not include
any flood related expense?
Lombardo/ Right.
O'Malley/ Yes, we spent $SOO...about $490,000 that we haven't been reimbursed on.
Champion/ In June alone?
O'Malley/ In June alone.
Hayek/ So it does include some?
O'Malley/ Yeah, that's net of the $490,000.
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Hayek/ Okay.
O'Malley/ This is cash basis. We can't show (mumbled)
Hayek/ Is that...
Lombardo/ Council, also keep in mind though, we have about $7.5 million in...in
damages and costs, and...and you know, there's some level is either, you know,
90/10 or 75/25 cost share. So, more will be drawn down as...as we, you know, in
09 that we've paid out or will pay out to, um, renovate buildings and structures, so
we're going to be using some of that for flood recovery, certainly, and then, uh,
depending on additional mitigation measures, uh, the buyout program, you know,
there's going to be pressures to use a lot of that funding for other things, as well.
Bailey/ How quickly does FEMA money come once it's decided, um, I mean, once we've
filed?
O'Malley/ It's been roughly about a year.
Bailey/ Okay. That's what L . .
O'Malley/ We've gotten I think seven, uh, project worksheets, that they call it, approved
of maybe sixty that we're probably going to end up with, uh, that's been approved
by FEMA. Now we, and it goes to the State and the State has another level of
review, and they're the ones that really take the time. They take three to four
months before they release the funds.
Hayek/ Have we mapped out best case scenarios, worst case scenarios for FEMA
reimbursement, and the (both talking)
O'Malley/ No. Just the $7.5 million that's mentioned here, a half million has been spent
in June, so there's $7 million that's probably being spent within this next year, if
all repairs and all the estimates are...are accurate. It could be more, and it could
be less, uh, I'd say, we thought by now we might get some money on our June
expenses, but they're still, uh, at the State level. Now they did ask me, or they did
send me, I asked them if I could get a partial pay, and they sent me a form on that,
and you know, trying to go through it, but it's 75% of ours...75% that they're
willing, the State's willing to front us.
Bailey/ So that's the 75/25 too.
O'Malley/ Right. There's 75% and 90% funding, and 75% of 75 and...
Bailey/ Okay, but some of it's at 75/25, and some of it's at 90/10.
O'Malley/ Right. Right.
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Bailey/ Okay. Thanks.
Lombardo/ From my perspective, where this comes into play is really when we look at,
uh, the budgeting of the additional police and fire, and uh, I have to meet with
Chief Hargadine to discuss, uh, open slots for the two additional police officers,
um, we've had some turnover in the department, and I think he's got three going
to Academy, um, and that was our, I believe, all of the slots available. So I have
to talk to him about timing the next class, uh, and...and the likelihood of when we
can bring on those two additional police officers, um, but I'm going to
recommend that we...we not fill the three firefighter positions, particularly
because I don't have a building to put them in, but with this year's budget, uh,
process that we come back to you with a...a specific strategy for, and look at the,
the, uh, construction cycle, when...when best case scenario that building would
be open and available, uh, and what it would take to...to ramp up staffing to staff
it accordingly, but um, there really is no pressing...I won't say, I shouldn't say
there isn't a pressing need. Certainly I think we all agree that there's a need for
this additional fire station, but it doesn't do us, uh, much good to hire three staff,
additional staff now without the...the fire station for them to operate out of. Uh,
we can man our existing departments with the staff that we have, uh, so I'm not
going to fill those three positions. I'll come back to you in budget with a specific
strategy for building the fire station and staffing it, um, and give you a little bit
better projection of...of how long that would take, um, and what year we could
expect to see that online.
Wright/ When do you anticipate coming back with that, Michael?
Lombardo/ I would fold that into the budget process, so this fall. Um, we met, uh just
briefly to discuss the budget cycle, uh, we're going to meet again this week? Or
early next? Um...
O'Malley/ ...calendar and cycle.
Lombardo/ And, to lay out the specific budget cycle, but I would like, um, work sessions
with Council early on to discuss broad policy guidelines and discuss, uh, a lot of
these parameters so that as we develop budget, we can make sure that we're
working in concert what your intent and...and direction, so um, we'll be folding
that out in...in very short order, uh, give you a projected timeline and specific
dates or opportunities for work sessions.
Hayek/ In light of this information, are there any other steps that you think we ought to
take on short-term basis...to the budget process, six months from now?
Lombardo/ Um, you know, I think...the best case scenario would have been we would
have looked for additional opportunities for additional savings and then try and
figure out how to fund those other positions, and make it all work in the 09 budget
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cycle. This flood event really has curtailed our ability to...to look at it in a
comprehensive way, make that adjustment in this current fiscal year, and so um, I,
you know, we...there's some considerations for how to, uh, improve operations or
some things we might do, um, right now they're just good ideas, um, I'd rather
vet them as part of a work session format when we've had a little bit more time
to...to do some due diligence and homework on that, rather than just kind of tell
you all the neat things we might be thinking of, only to find that...that we, you
know, we've gotten in and they don't look to be shaping up. So, there are some
things, some strategies we're looking at internally, um, given the timeliness of the
budget process, we think it'd be best to just fold that into those discussions and
make good decisions for the 2010 budget and beyond.
Hayek/ And then another question on a FEMA estimate - half a million has been spent,
was spent, by the end of June. Of the other $7 million, how much.. .
O'Malley/ I think we spent another $600,000 since then.
Hayek/ Okay.
O'Malley/ We've been getting a lot of estimates on, uh, on permanent work, but we've
been hiring a lot of consultants, or special technicians to do things. I know just
today we had an estimate for $12,000 to look at a pump; ended up being $34,000.
A water pump, uh, so...
Hayek/ I think those will start to come in.
O'Malley/ Yeah. Right, correct. I was questioning that though.
Bailey/ Other questions for Kevin? Or Michael?
O'Malley/ Thank you.
Champion/ Thank you.
Bailey/ Thank you, Kevin. All right. Next item is Metro Coalition, the Legislative
Priorities. Ross?
Metropolitan Coalition/Legislative Priorities (reference IP #3):
Wilburn/ We did have our meeting here last month, um, for the Coalition. It was well
attended. There was all but one city represented here. We came up with
some...broad goal areas, uh, that we want to pursue. Um, I got a hold of our, uh,
lobbyist today. I was trying to get her to send me the, uh, the details about the
broad areas, um, and she was going to email it to Marian, but I don't think she,
uh, I don't think she was able to do it in time. She's out of town, so she wasn't
near her...her materials. Um, but um, if I'm remembering correctly, one of the
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broad areas was related to making...we had broad areas and then we kind of
prioritized, and I think the number one priority was, uh, flood related items, uh,
essentially pursuing avenues of funding or policies to help streamline processes to
get...to get us back to where we, you know, statewide where we need to be. Uh,
there was another area that was, uh was it an economic.. .
Bailey/ Infrastructure.
Wilburn/ ...infrastructure area. I'm sorry - I don't have the names. The names are a lot
better than what I'm able to recall here tonight, but uh, once, uh Marian does
receive those, I'll have her go ahead and get those to everyone so you can...you
can so those, uh, those broad areas. I think that, um, with our September meeting
too that we have coming up, uh, the second week of September, um, some of us
were hoping that, uh, at a...in addition to flushing out further details about those
broad areas, that if we could walk out of that September meeting with three to
five, uh, specific pieces of legislation, uh, to pass on to the Cities, to try and make
that be part of our proactive, uh, stance, as opposed to just defensive and reactive.
Um, Dale, do you recall any other, any of those other details about those broad
areas. Sorry to put you on the spot here, but uh.. .
Bailey/ There was alternative revenue too that we've all heard so much about, that many
of our priorities fit under.
Wilburn/ And we did...we did try and take our, um, some of our priority areas from last
time, uh, and plug those into some of those areas. iJh, one of the ones
specifically, the, uh, was it...was it the housing trust fund that you brought up,
Amy? Um, I was thinking if that were, uh, and I'm looking at actually I think
what was included in our packet was last year, our Iowa City priorities, uh, if you
wanted to play with something, um, related to that appropriation. There's some
suggested policy in there, um, that that would be something we could try, that I
could take to the meeting in September, um...but um, otherwise, um, as soon as
that, like I said, as soon as that information comes out, uh, we'll get that to
Council, and um, I would think that if there's, if there's a majority that wish to,
um, give direction to staff to take, uh, any of those particular areas to try and, uh,
come up with a policy recommendation that's consistent with discussions that
we've at least had in the past, up to date, um, that that might be something we can
continue to take to the Coalition, uh, to see if we can get other members to
support.
Bailey/ So the next Coalition meeting is at League of Cities, which is the second week of
September which Ross referred to, and he will be attending, I will be attending.
Michael and Dale, are you also attending?
Helling/ I don't plan to be there.
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Bailey/ Okay. So, we'll be attending that meeting, and probably, when do you think
we'll have those categories (mumbled)
Wilburn/ Oh, yeah, yeah. She...she just didn't have access to rt...
Bailey/ No, the meeting at the League, we will begin to sort of finalize the general
direction of our (both talking)
Wilburn/ I think so, yeah.
Hayek/ Do we typically have, um, this many items on our wish list?
Bailey/ This is the longest one I've ever seen. And that's one of the things that I was
really pleased to see the Coalition go with are sort of these broad categories of
alternative revenue and then you can speak to some of these issues as they might
come up in bill form. Um, but generally giving some ideas, but not having a long
list like that. I think Erica felt that a short concise list with some broad categories,
and I think we might want to follow suit with our legislative priorities, as well.
But that's something we can discuss as we move forward.
Wilburn/ And then as we have the budget, our budget discussions too, that would give us
more information to try and...come to a consensus on some...a shorter list of
priorities, but um, but clearly, you know, necessarily a vast majority of interest
was related to the flood, um...
Bailey/ Which is great because not all the metro cities were affected by flood, but they all
are committed to working with those that were, to sort of focus the attention of the
Legislature on recovery and rebuilding, and a lot of funding quite honestly.
That's.. .
Wilburn/ Yeah, clearly there was interest in...in that.
Bailey/ Anything else? Any questions?
Wilburn/ That's all I have related to that. Like I said...
Bailey/ Michael, do you have anything else? (mumbled)
Wilburn/ I guess I would also point out, uh, even just the...the process of us having those
discussions last month, I know, um, one of the members, uh, the City Manager of
Davenport, uh, Craig Malin, is that how you pronounce it? I think it's, yeah, I
think it's Malin. He...he's on the, uh, what's the Rebuild Iowa.
Bailey/ Yeah, he's on long-term recovery, isn't he?
Wilburn/ Yeah, um...
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Bailey/ I saw his report.
Wilburn/ Yeah, he...he kind of took the Coalition's uh, comments to that meeting in Des
Moines about trying to give the cities flexibility in, uh, in being able to again, uh,
rebuild the economic engines of cities that were impacted by the flood.
Bailey/ ...helpful to have that advocacy.
Wilburn/ iJh-huh.
Hayek/ Thanks for the information, Dale.
Correia/ Yeah, good memo.
Bailey/ Yeah, it was helpful. Okay, thanks, Ross.
Wilburn/ Yep.
Bailey/ City Designated No-Smoking Areas...Eleanor?
City Designated No-Smoking Areas (reference agenda item #16):
ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED
"PUBLIC HEALTH AND SAFETY," TO DECLARE ADDITIONAL
AREAS AS NONSMOHING PLACES AND TITLE 3, ENTITLED
"CITY FINANCES, TAXATION AND FEES," TO INCREASE THE
FINE FOR LITTERING IN CITY PLAZA. (FIRST
CONSIDERATION)
Dilkes/ I'm going to come down there. Terry, you want to come up with me, because I
think...okay, um, just before we start this, just a little reminder about what areas
are covered by the act itself. Um, remember it, and this is just very general, it
covers our enclosed public buildings; therefore it doesn't cover our parking
ramps, um, it covers the grounds of a public building, which has been defined by
rules -the rules aren't final, but um, that's what we have to work with at this
point, and grounds is defined as areas used in connection with and immediately
adjacent to an enclosed public building. Um, it would...it includes for downtown
because we're going to be talking about that, includes sidewalk cafes, and outdoor
seating areas, of all establishments, unless they qualify as a bar under the. act.
And that's pretty restricted provision. Um, talks about peanuts and popcorn and
pre-packaged items and that kind of thing. So, we have very few of those. Um,
and it covers...another outdoor area that it covers are the seating areas of outdoor
sports' arenas and entertainment venues. So, that's a given, and so what the new
ordinance does is designate additional areas that you all want to designate as non-
smoking, um, and we talked about that at a prior, um, work session, and you gave
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us direction about that. So, the ordinance, the proposed ordinance that is in front
of you (noise on mic) covers part, all municipal parking ramps, the area around
the playground equipment hear the Library, which is something that you wanted
to cover, and if you look at the map that's part of the ordinance, we originally
started with just the area, you talked about the, uh, west entrance of the Library
around the playground. But then we'd also have to have the seating area around
the Friday Night Concert Series, and it just got very complicated to talk about is it
Friday Night, is it Monday morning, etc. So what we did in this ordinance is we
took that whole shaded area and made it non-smoking, always. Um, so that's how
we dealt with that. Um...
Wright/ Just curious on that.
Dilkes/ LJh-huh.
Wright/ Why the Linn Street block?
Dilkes/ That's a request of the Library.
Wright/ Okay.
Dilkes/ That they're concerned that now they only have 20...I think it's within 20 feet of
their entrance, and they're concerned that if this all becomes non-smoking,
that...that area is going to become a smoking area. So they wanted that right-of-
way included as well. So that didn't come from you; that came from the Library.
Um, Iowa City Airport, uh, wants you to designated their property as non-
smoking. I think they've already done that, but they want to do...and they, I
think, could do that. They're in charge of that facility. Um, but to make it
enforceable under this ordinance, you would have to do it. So we included it.
Correia/ So all...I saw that in there. All of the Airport, or all of the grounds, parking lot
(mumbled)
Dilkes/ That's what they've...that's what they're suggesting. Um, okay, and so then the
next area you wanted to look at were youth sports' areas in the parks, um, and
you, I suggested that I'd talk to Terry about that, and so all the parks that are in
the ordinance, park areas that are in the ordinance, um, with some exceptions are
what we've determined, or what Terry thinks are, and his Commission thinks
because he's talked to them about this, thinks are the youth sports' areas, um, as
well as some particular places that he thinks might be problematic, and he can
address questions you have about those. Um, we also included, um, Chauncey
Swan Park during the Farmer's Market. Um, the Commission, Terry talked to the
Commission. He can give you more information about this. They were not
recommending that all parks...that all parks be designated as non-smoking at this
time, but they want to kind of see how that shakes over...out over the next year.
Um, the challenge I think with the way we're doing it now is we've got lots of
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little areas kind of all over the place (laughter) with some are smoking, some
aren't, um, but I think they recognize that and just thought that they would just
take a look at it in a year or so. And-then you see P and Q in the ordinance are
actually...actually P is the area 50 feet within an outdoor stage, um, the act as I
said already makes seating areas around an entertainment venue, around a sports'
arena, um, or entertainment venue, non-smoking, and so we just wanted to give it
some definition so everybody knows what we're talking about, and I think we
have the authority to do that under the act. Um, and then we added the sidewalks
along the parade route for the University of Iowa homecoming parade, so...
Correia/ How will we sign that? I mean, how would people know that they, that there's
no smoking along the parade route?
Bailey/ Maybe that could be the first entry in the parade.
Trueblood/ I presume you're talking about...I presume you're talking about the Ped Mall
playground right now, right?
Correia/ No, no, no! (several talking) The homecoming parade. I mean, because that
happens once a year. I mean, I support it, I mean, I think it's...we have a lot of
kids, a lot of people close quarters, but how will people know that it's.. .
Trueblood/ How did I get this question? (laughter, several talking)
Dilkes/ Um, I mean, I think we'll just do what is reasonable. We'll have to post it, you
know, probably with temporary signs, every so often along the route.
Bailey/ When we do that press release that talks about parking, perhaps we could include
it there, or in some of our press releases and...I don't know.
Correia/ And maybe something on public access television, just commercial or scrolling
or something?
Wilburn/ We could also put the press release...go to the, uh, the homecoming parade
committee, so that they could get it (several talking)
Bailey/ In the parks, um, that have become non-smoking, or areas of a park that have
become non-smoking, do we have ashtrays or places, and I guess this is
downtown as well, do we have places to dispose of cigarettes? Do we have an
adequate number of those to dispose of cigarettes, so they don't end up on the
ground?
Trueblood/ We do downtown.
Bailey/ Okay.
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Trueblood/ They're called planters. No, actually we do have, uh, we do have ashtrays, if
you will, downtown, quite a few of them. Uh, typically they're not used that well.
Bailey/ I know.
Trueblood/ Uh, and uh, our staff tells me that since this has gone into effect, uh, our
planters have been a booming business with cigarette butts. So it's become a
problem.
Bailey/ Okay.
Dilkes/ And...and I didn't mention, it's mentioned in the memo that the Commission had
recommended that the fine for littering be increased in the Ped Mall for that
reason.
Bailey/ And to fine somebody for littering, it has to be observed by an officer, correct?
Dilkes/ Correct.
Wilburn/ I have a question for Terry about, um, just clarification -Napoleon Park, except
Iowa River Corridor Trail -are the, for the purposes of this, there are (mumbled)
branches that come off of the Iowa River Corridor Trail into Napoleon Park that
cut through, um, are those considered part of the Iowa River Corridor Trail, or no,
just the western edge, I mean, there's...there's two areas where the trail comes,
it's asphalted into Napoleon Park, off of the trail.
Trueblood/ Well, one of those areas, if I'm correct here, one of those areas goes up
towards the concession stand.
Wilburn/ That's correct.
Trueblood/ So that's actually a park, or a trail within the park. The other one that cuts
around toward Sand Road, uh, the sidewalk if you will, or the trail, between the
parking lot and the park.
Wilburn/ Right.
Trueblood/ Comes around and then goes along Sand Road, that's a good question. I
would just view that as being part of the Iowa River Corridor Trail, because what
we're recommending here is that this not include the parking lot, and that the
smoking ban not include the parking lots, and then that portion of the trail is right
along the parking lot.
Wilburn/ Right, and that makes sense, but my concern was, I mean, uh, on the western
edge between diamonds...um, between diamonds 5 and 6, I believe, you can
come off of the trail in between the play structures there, it's asphalt, you can ride
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-I've ridden on that, so would people be considering that, well, I'm on the Iowa
River Corridor, is that considered part of the Iowa River Corridor Trail or not?
Trueblood/ That would not, no, that'd be considered part of the park.
Wilburn/ So we'd probably have to get some signs, right there at the...
Trueblood/ Right, signage has to be at all entrances so that would be one of the entrances
I guess.
Dilkes/ Oh, one thing I wanted to mention about the ashtrays too is the State act requires
that all ashtrays be removed from non-smoking areas, so that's a challenge for,
you know, where do the ashtrays go? Now, that...that wouldn't necessarily apply
to areas that we designate as non-smoking.
Champion/ I don't see any ash...there aren't any ashtrays close to the (mumbled) area.
There aren't any for the Library. So...that's no problem (mumbled). Well, I had
two questions that people have asked me. Um, the ban on smoking in the parking
lots, can you smoke in your car? That's a question that people have asked me.
Dilkes/ Oh, in the parking.. .
Champion/ Garages.
Dilkes/ ...in the parking garages? You know, if we want to do that, we probably should
say it explicitly. It's in the act there's a, um, exception for smoking in a private
vehicle, unless you're on school grounds, but we probably, if we want to make it
allowable within the car, in the parking ramp, we probably need to say that in
here. So I don't know what your pleasure is there.
Bailey/ (mumbled)
Champion/ The other thing that I see as a...as a big problems, several bar owners have
mentioned to me, and you're talking about the litter, several of them would like to
put out an ashtray at night, and the City doesn't allow them to do that. And they
would take it in...
Bailey/ Oh, just at night, so as they come into the bar they can...
Champion/ Well, and as they go out to smoke, yeah, something to put their cigarette
(several talking) um...
Wright/ ...tremendous amount of litter in front of the bars in the morning, and...
Champion/ And a couple of them have called the City about putting an ashtray out. I said
why would you ask for it, you should just do it, but...you can't occupy City
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property with an ashtray, and I think that's another litter problem that we could
avoid by letting them put out a bucket with sand in it or something at night.
Bailey/ Have we talked about...did you talk about ways, besides increasing the fines,
because we are seeing an increase of litter downtown, cigarette butts, rather. Did
the Commission talk about ways to address that issue?
Trueblood/ No, they did not. Just...just fines, increase fines.
Bailey/ Okay.
Champion/ I mean, I thin it's something we ought to think about.
Dilkes/ And that's certainly something that you could decide to do...to allow. I don't
know (several talking) You might want to...see if the Commission...(several
talking)
Correia/ ...otherwise, are we generally picking, we clean up the streets later.
Wilburn/ ...always bring it in. I've seen the buckets in front of a couple places out in the
morning, and...one of them tipped over.
Hayek/ Yeah, I...I'm kind of excited by that idea of somebody who sweeps up cigarette
butts several mornings a week in front of my place, uh, but that doesn't relate to
this. I think we ought to take that up...
Champion/ No, separately.
Hayek/ But that's an intriguing idea. Um, on the 50-foot rule, Section P, and then
dovetailing with the language about seating areas from the act itself, how...I'm
not sure I'm following what the rule would be, for example, at Jazz Fest, um, 75
feet from the stage. Is that considered a seating area?
Bailey/ Or an assembly area.
Dilkes/ No, 50 feet from the stage.
Hayek/ 50 feet...so if you're 50 feet from a stage during the Jazz Fest...
Dilkes/ I think the act gives us the, um, particularly with areas that are unclear where the
seating area is, I think it gives us the authority to designate that seating area.
Hayek/ I don't know if I should view this as such that anywhere people are seated at Jazz
Fest, watching music, would be prohibited.
Dilkes/ The area within 50 feet of any outdoor stage or where musicians are performing.
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Hayek/ Right, and I...
O'Donnell/ 50 feet.
Dilkes/ So I take that as 50 feet from the stage.
Hayek/ Okay.
Dilkes/ Where the...the place where the musicians are performing, not where people are
sitting to watch the performance.
Bailey/ So on the sidewalk of, outside the Pentacrest, is way beyond 50 feet, so you could
have a smoke there.
Hayek/ Well, I'm just, I don't know whether to read the second part of Paragraph P, or
any other outdoor entertainment venues, as...as more inclusive, or as a broader,
geographic area in which smoking is prohibited. And...and also in that same
vein, the language from the act says seating areas of entertainment venues. I
suppose you could construe that to mean anywhere somebody's seated during
Jazz Fest, listening to entertainment. And I just want us to clarify that.
Dilkes/ Yeah. The way I read this section is that it's 50 feet of any outdoor stage or
location where musicians are performing, during those festivals or any other
outdoor entertainment, or another type of festival that...that's how we intended it
anyway. Um, we didn't want to have to, for instance, we now have a Thursday
night concert series downtown and have to include that. So that was the intent
here. Um, on the definition of seating areas...let me get there, just a minute.
Okay, seating area's defined as areas designated by the owner/operator/manager
or other person having custody or control, and shall include but not be limited to.
I think when an area is undefined, then I think we have the authority to designate,
and that's what we're attempting to do here is say that's 50 feet within the stage.
We could certainly say it's 100. We could certainly, you know, we could do
whatever you wanted. I think there's some ambiguity if, um, you have actual
seats, you know, in front of a stage, that are outside that 50 foot area. There's
some ambiguity there, I think, but I...I think generally that provision would be
read as the ability of the locality to...yes, generally recognize that there are
seating areas that are covered, and how are you going to define those seating
areas. Now, if we get to, if we have a festival that is held every year that has
always has seats there, out a hundred feet, then we should think about changing
that definition, but if it's just people milling around and sitting on the ground
and...then I think we're okay with (mumbled)
O'Donnell/ Are these going to be clearly marked downtown? I mean, I'd hate somebody
get a fine for being 49 feet.
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Champion/ They probably will be asked to put their cigarette out.
O'Donnell/ Well, initially I suppose, but I mean...if you want to put teeth in it, there's
going to be a fine.
Dilkes/ Well, there is a fine, but I, you know, the fine under the State act is, it's a $50
civil penalty, and police department right now are...are simply warning, because
there's some, there are some issues with that $50 civil penalty and how it's
enforced, and they've been communicating with the County Attorney about that.
But I think they're very comfortable...I mean, I think it will be used as a tool to
make somebody stop smoking who won't when they say...
Champion/ Right.
Dilkes/ ...you need to stop smoking because you're within 50 feet of the stage.
O'Donnell/ Another thing...our surrounding communities, has Coralville been
approached on this and Hills and all of the other cities? Do we know what they're
doing?
Dilkes/ I don't know what other cities are doing with respect to their grounds and, well, I
know for instance that Ames, in Ames all their parks are non-smoking. And that
was the intention before the act went into force, so...
Trueblood/ I just found out today, talking with the Director in Ames, that that's right. All
their parks are non-smoking, but it's not in the City Code. It's just a park rule.
Champion/ The other thing to get into is enforcement, and...and I think enforcement
comes better if it's...if there's a tool to use, but most people if they're asked to
put out their cigarette will. Then there's always going to be belligerent people,
just like people who, you know, do other things, but I wouldn't get concerned
about that until we see if it's a problem in this community.
Dilkes/ Well, and in the ordinance, we don't...we do not make it a criminal penalty. We
make it a municipal infraction, to try and mirror the civil penalty of the State
Code, so it's not a simple misdemeanor. And those are much more difficult, just
procedurally, to...to write a citation for...it has to be, you know, you have to
come back, get the pad, file, pay the filing fee, etc., etc., so...
Bailey/ Other questions, concerns about this item?
Wright/ I'm only concerned about the kind of, I know this is the direction we gave, but
this is really a patchwork, and it's going to be.. .
Bailey/ Hard to remember.
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Wright/ Hard to remember, it's going to be hard to sign.
Bailey/ I think we'll have to see how it goes, was our intent.
Hayek/ From a legal perspective, is there any risk on, to going about this in a fairly
patchwork like manner, prohibiting it in some parks but not all parks, some
portion of the Ped Mall, but not all portions of the Ped Mall, and certainly not the
sidewalk areas, um, it...can we do that? Can we, if there are a hundred places we
can do it and we chose 50 is that permissible?
Dilkes/ I don't think you can do it arbitrarily, but I think that you make judgments about
what areas you want to cover, youth sports' areas, I mean, I think we can
articulate a rational basis for each of these, and I think that would be the standard.
Bailey/ Okay. Other questions before tomorrow night?
Wilburn/ I think the other piece to it is that, uh, for folks who, um, members of the
general public who are concerned about someone smoking in anon-smoking area
will, uh, many of them will go ahead and mention it to someone.
Bailey/ LTh-huh.
Wilburn/ ...hey did you know you can't smoke here? And for the most part, like Connie
was saying, `Oh, I didn't know,' or...(several talking)
Champion/ ...any kind of rule or law.
Bailey/ If we wanted to cull out allowing, uh, smoking in a private car in, um, our
parking ramps, is that an amendment we can make tomorrow night without a
problem?
Dilkes/ If you want to do that you could do it on the floor tomorrow; if there's a majority
of you that want to do it, I'll just change the ordinance before you vote on it for
tomorrow.
Champion/ My problem with it is I think it's unenforceable. And I just, you know, I
don't object to somebody going to their car and having a cigarette.
Bailey/ Right, and that's what we would explicitly cull out. It's not permitted in the
parking ramps, so you can't smoke to the way to the car or on the way in, but you
could go to your car for your break.
Dilkes/ So do you want me to say municipal parking ramps, with the exception of private
vehicles?
Champion/ Yeah, I think that'd make it clearer, because I've had lots of...
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Bailey/ Are there others who are interested in that? That was one thing I heard, and I was
just going to check in about that. It's certainly similar to what the State has. And
I...
Wright/ That is what the University allows.
Champion/ Oh, they do? Okay.
Dilkes/ Oh, I thought they were not allowing it in private vehicles. I thought their entire
campus, including vehicles, had been smoke-free.
Wright/ No.
Dilkes/ Or determined to be smoke-free. Now, that's what...
Wright/ We've got a learning curve on this one! (laughter)
Dilkes/ Yeah, now people can smoke in their private vehicles in our parking lot, for
instance.
Bailey/ Right.
Wilburn/ Well, and the challenge is, you mentioned unenforceable, um, I'm just kind of
playing with scenarios that might happen, uh, I'm sitting in my car and I've got
my windows rolled down. Um (several talking)
O'Donnell/ Is your car running?
Wilburn/ It could be.
O'Donnell/Because we all know that's not harmful!
Correia/ If it's inconsistent, it's more confusing. If you can smoke in your car in the City
parking lot here, but then you can't smoke in your car in the City parking ramp, it
is a bit inconsistent. I mean I understand one is a state and this is our own city
ordinance, but for just...
Champion/ Keep it even?
Correia/ Yeah, keep it simple.
Champion/ ...(several talking) sitting in your car in a parking ramp. If you are, you have
way too much time on your hands! (laughter)
Wilburn/ I'm telling you! (several talking)
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Bailey/ Or we could just leave it as it is and allow it to sort of fall out as it will.
Dilkes/ I don't think you could override the exception. I'd have to go back and look at
that, but the specific exception and the State act, that wouldn't (several talking)
Bailey/ ...in private cars; we could just leave it as...
Correia/ That's what I'm saying! Just say no parking in parking ramps. I don't the police
are really patrolling the parking ramps to see if people are smoking in their own
car.
Wilburn/ And I can see if someone's willing to smoke outside of a restaurant when it's 15
degrees below zero.
Dilkes/ I'm not wild about just leaving it for anybody's individual interpretation
(laughter). I'd like to either know when someone asks me can they smoke in their
private vehicle in Chauncey Swan Parking Ramp whether they can or not.
Bailey/ Well, right now I would say no, but...
Champion/ Right, no you're right. (several talking)
Correia/ I would think yes by reading (several talking)
Wright/ That's why we need to spell it out.
Bailey/ Exactly!
Champion/ Well, that answers my question. So then could we put the subject of ashtrays.
Bailey/ Yeah, we can talk about ashtrays and litter. That would be fine.
Correia/ I just have...so the Mercer...Mercer Park, that's all of Mercer Park, the ball
fields, and the park area, or do you mean Mercer Park ball fields?
Trueblood/ Well, I had a red line here that I was going to show Eleanor later, because
that's something that I didn't catch until I was just reviewing this beforehand.
Our intention was for it to apply to the softball/baseball complex.
Correia/ Right, and this tennis court.
Trueblood/ Not the parking lot, and not the entire park.
Correia/ Right.
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Trueblood/ Of course the Aquatic Center would be included. That's indoors, you know,
that kind of thing. So that's something that we need to, uh, revise, because the
intent wasn't to make the entire park non-smoking.
Correia/ Right, the ball fields, the tennis courts.
Trueblood/ Right. (several talking)
O'Donnell/ 50 feet of the amusement rides. Is that right? (several responding)
Champion/ How are those rides? They survive? Did we get most of them out of there?
(several talking)
Trueblood/ Actually, we got all the rides out of there before they were under water. We
didn't get the, uh, the awning over the carousel out of there or the bases out
(mumbled), and uh, most of the menagerie was stored over in our pole building,
up on a high shelf, and water came within four inches of it. So, they, uh, we still
don't know if they can swim. (laughter)
Wilburn/ I was smiling because there's not much left of Mercer Park that isn't, uh, a ball
field or the.. .
Correia/ Well, across the way.
Wilburn/ Ah, I didn't think about that. (several talking) Well, that's playground area.
Bailey/ Did we decide about parking ramps? We did not. So...
O'Donnell/ I think it's asking a bit much when somebody can go tell you, well, they tell
you you have to wear seatbelts.
Champion/ I know. You can allow smoking in the cars, the private cars. You can allow
smoking in private cars. I think it's just better to allow people to smoke in their
cars.
Bailey/ I do too. I think it's fine. One, two, who else? (several commenting) Okay, so
it, yeah, it'll be similar to State law and people can get used to that or whatever.
O'Donnell/ I mean, we don't know what other communities are doing. I want to
make...I want to make that clear also. Because didn't we have this discussion
about, well, those...four or five years ago, we wanted...we didn't want to be more
restrictive on our businesses than other communities were.
Correia/ We think those kids are going to go play at a park where they can smoke?
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O'Donnell/ No, I'm not (laughter and several talking) That depends entirely on which
park you go to. Um, but anyway...
Dilkes/ One distinction there is that that's...we were talking about regulating other
businesses. Now we're talking about...we're only talking about a designations of
smoking on our own property, on City property. So it's a little bit different.
Champion/ And I think it's logical. I mean, I think the areas we're not allowing smoking,
they're fine with me. I mean, it's...(several talking) It does make sense. I don't
think people are going to take their kids off an Iowa City softball game because
they can't smoke.
Bailey/ So, okay, any other questions or clarifications in this, um, for tomorrow night?
All right, thank you. Thank you, Eleanor. Thank you, Terry.
Wright/ I'll be curious to see in a year from now how (several talking)
Hayek/ ...agenda item...I forgot to ask a question about.
Bailey/ I'm sorry! You're out of order! (laughter)
Hayek/ Is it too late?
Bailey/ No.
Dilkes/ Wait a minute. For the homecoming parade though, we won't do the third
reading until after the homecoming (several talking)
Karr/ Unless you collapse the readings.
Correia/ We can collapse the second reading?
Karr/ If you collapse a reading it'll be done. If it does not get collapsed, it won't be done
before the...
Bailey/ Eleanor, are you taking off? Matt had an agenda item, and we're going to allow
it.
ITEM 19. CONSIDER A RESOLUTION APPROVING SUBMISSION TO
THE STATE OF IOWA A NOTICE OF INTEREST IN APPLYING
FOR HAZARD MITIGATION GRANT PROGRAM BENEFITS
FOR THE PURPOSE OF ACQUIRING FLOODED PROPERTIES.
Hayek/ Thank you. (mumbled) LJh, Item 19. This is, um, Eleanor, your memo on
buyouts and purchase prices and duplication of benefits.
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Dilkes/ Uh-huh.
Hayek/ Um...
Dilkes/ Oh! The memo on, okay.
Hayek/ Yeah.
Dilkes/ Uh-huh.
Hayek/ In the first part of your memo you talk about subsequent owners of property, uh,
not being eligible for the pre-flood market value price (both talking) buyout. I
think that's important, and I've heard of some speculation in some of the areas.
And I wonder whether we ought not to communicate directly and as soon as
possible with whatever the relevant groups are on that.
Dilkes/ We actually (several talking) yeah, we actually talked in our flood, um, buyout
meeting today about trying to get back to using the web site to have this kind of
information on there, and that kind of thing, rather than just doing it through a
memo. It's kind of an indirect way to communicate. So that's the hope. I know
Steve Long is working on that.
Hayek/ Yeah, I overheard a woman talking to somebody down on Normandy about just
that scenario. She wanted to sell out to somebody who...think they're going to
get a good price on a house, or maybe get a buyout, or both.
Dilkes/ Right.
Hayek/ That wouldn't occur under this.
Karr/ May I also...
Dilkes/ Well, they would still get it at current value. So, presumably they wouldn't lose
money if they bought it at its existing value.
Correia/ They just break even.
Hayek/ Right (several talking) make money, they wouldn't (several talking)
Dilkes/ The speculative part is lost, but...guess that's what (several talking)
Karr/ May I also encourage you to state it tomorrow night, because you...you lost most
of the media, and most of the people that were here on the buyout, uh, earlier on
the agenda, and I know that we had a lot of phone calls, even if they see it on the
web site, if they don't hear it at a Council meeting, they kind of think there's two
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different messages. So I would encourage you tomorrow night to mention it, as
well.
Hayek/ I'll say something tomorrow night, and then the second part on duplication of
benefits, there, um, I think I understand the procedure here, but there's a lingering
question that I had and it was raised by somebody at the town hall meeting and
that is, what about people who paid premiums for a long time, um, are we
rewarding those who did not take out flood insurance by leading to the same
monetary result for them as opposed to somebody who paid...
Dilkes/ Yeah, there is a provision in the, uh, FEMA regulations that allows a State to
chose to offer, um, to pay, I can't remember the term they use for it, but it's
basically to pay a little benefit for...to a property owner you're buying out who
has paid premiums. Um, and I don't know how that's calculated, but that's to try
and even the, you know, the situation for people who did have insurance and
people who didn't. I don't... Wagaman did not react very favorably to that at the,
um, and so my sense was that the State isn't leaning that way, and I...my
recollection it is a State decision. So, but there's that possibility.
Champion/ What I've told people is, you have flood insurance. That means you're
covered. Your neighbor without flood insurance might not get anything.
Hayek/ Sure, but in the event, I mean, the scenario I had is if you paid $20,000 in
premiums over time and you got $100,000 in insurance on a $150,000 property;
your neighbor next door didn't take out flood insurance; he got a buyout in the
same amount for an identical property, you know, he's $20,000 ahead because he
didn't make those premiums.
Dilkes/ And this is what that's, this provision is attempting to address that.
Hayek/ Okay, but that's essentially within the province of the State.
Dilkes/ It...that's the way I recall it, that it was a State decision, whether to allow that or
not...whether allow localities to do that or not.
Hayek/ Thanks for the clarification.
Information Packet Discussion:
Bailey/ Okay. Information packet discussion, are there any items in the Information
Packet that you wanted (mumbled)?
Lombardo/ Any feedback you can provide me, um, if this is on track. You're probably
going to get another one very soon, but also individually, um, things have been
really just kind of crazy busy, and so I want to make sure that I'm communicating
with you. I know I get phone calls from some of you, but if I'm not addressing
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August 25, 2008 Special City Council Work Session Page 39
your needs and your information needs, and we're not chatting enough, please let
me know, and...and we'll work it out one on one, and I just want to make sure
that you're getting all the information that...that you need to make your decisions
and that we're communicating back and forth enough.
O'Donnell/ I think it's a great idea, I really like...
Bailey/ And this is on our web site, in our packet. Is it also separately on there, like, um,
somewhere?
Lombardo/ On the web site?
Bailey/ Yeah.
Lombardo/ iJh, I think.. .
Karr/ It's on the web site in the packet, but it...I don't know that it's anywhere else on
the City web site.
Bailey/ Might be nice to have in the City Manager's...somewhere, because it's...
Lombardo/ We'll find a home for it. That's a good idea.
Correia/ You must have an "office of the City Manager" page?
Karr/ We'll talk about that.
Bailey/ Yeah, we can...yeah, that'd be good. Okay, anything else from the Info Packet?
Council Time.
Council Time:
Correia/ Could we get that, Terry, since you're still here - that, I think last year we made
a sign, the City made a sign, that indicated that parking on Saturday mornings
during the Farmer's Market was allowed in this back parking lot. I didn't
notice...if that sign isn't being posted, and some people know that they can park
there, but others...I've had questions like can I park there? It says no parking on
Saturdays.
Wright/ Yeah, there was a...
Correia/ A sign last year (several talking)
Trueblood/ They weren't up at the beginning of the season, but part of them are not. Last
year there were about, there must have been about a dozen or more signs posted
here and there, all over the place on easels that had to be rented and so forth, and
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August 25, 2008 Special City Council Work Session Page 40
the Parking Division handled, and this year they said they weren't going to be
able to handle it and that we would have to handle it, and so especially on
Saturday mornings, we've got a couple of temporary young ladies working there,
you know, and...and we didn't have any place to store all these things and so
forth, so we put the larger ones up, uh, in three or four different locations, uh, just
indicating that there's free parking in the Civic Center north parking lot.
Correia/ Not at the Civic Center (mumbled)
Trueblood/I can't tell you exactly where they all are, but I can tell you it's at the south
end of the Recreation Center parking lot is one.
Champion/ Why don't we just allow public parking from 8 to 12?
Correia/ Yeah, on the City Civic lot.
Champion/ I mean, the whole idea was to keep people from parking there all weekend,
wasn't it? The idea of no Saturday parking?
O'Donnell/ I think just one permanent sign put up in the lot would help a great deal. I
mean.. .
Lombardo/ This is probably not the best time, but I'm going to throw it out there anyway.
I've given some real thought in trying to find, uh, the right opportunity to discuss
moving the...the, uh, Farmer's Market to a much more visible place, uh, expand
service. I hear throughout the community that, you know, people questioning me,
why is it in a parking ramp.
Bailey/ So, we'll add that to a pending? We can add that to a pending list.
Champion/ I'd be willing to discuss that.
Lombardo/ Um, I...this is something really the last couple weeks...Terry and I haven't
had a chance to discuss it, and um, my understanding is that some of the vendors
might not be thrilled with it, but, um, we're going to develop the strategy anyway,
so coming up.
Bailey/ Okay. (several talking) Well, we probably...we'll put it on the pending and wait
for the memo and not discuss it tonight, um, but...but for the time being, we still
have September and October. Are there signs, I guess that goes back to Amy's
question, there's signs out there but just not as many as there used to be because
the portable ones are not being used.
Correia/ Even if there's a banner that's not hard to hang up. (laughter) I don't know.
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Bailey/ It's been my experience with Iowa City people that they park where they dog-
gone well please. I (several talking)
Correia/ I haven't seen a sign for (several talking)
O'Donnell/I go there all the time, and I've never seen a sign there.
Lombardo/ Conditioned response.
Champion/ You don't need to look for it because you're a parking permit. (laughter)
Lombardo/ You're too busy smoking! (laughter and several talking)
Bailey/ Other Council Time. You can tell we're just really loosing this here. Other
Council Time? I do have a question. It seems to me in my, um, and being
downtown that some of our alcohol advertisement laws are in, are being broken.
There seems to be a lot of specials being advertised in the windows of bars. Now,
I don't know the technicalities of our laws, but are we looking into that, given that
it's the beginning of the year, and this is when we should be setting the tone?
Dilkes/ When we get a compliant, we look at it, make sure that we understand what it is,
and, you're talking about the two for ones and those kind of prohibitions, because
we don't have any prohibition on advertising.
Bailey/ Right, I'm talking about, you know, incredible amounts of alcohol advertised for
very cheap, like two for ones or, I mean, we don't have any price restrictions,
right?
Dilkes/ We have no price restrictions. You can sell lots of alcohol for a price.
Bailey/ Right, okay, so it's the...
Dilkes/ But we...we routinely get questions about those, usually from competitors.
Bailey/ Yes.
Dilkes/ Um, and we look at them and respond to them. If we need facts, we have the
Police, we refer it to the Police Department and have them look at it.
Bailey/ So if I have a question, I'll just let your office know. Okay. Any other Council
Time?
Wright/ Once upon a time we talked about, uh, investigating the policy on, um, we can be
reimbursed now for Internet access.
Bailey/ Where are we with that, Marian?
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Karr/ We're still looking at that. I understand...I'll get something back to you.
Bailey/ And then, um, I just wanted to give people a heads up. I know that I got Summer
of the Arts tickets to their finale. Obviously there's a gift law issue, take a look at
that. I mean, some will pay, some...I'm sending mine back, indicating that we
can't accept these free tickets. It's a good educational opportunity, but I wanted
to let you all know if you had those, um, that Marian's doing a sendback to some
of them, but certainly I hope we have representation at...what?
Correia/ What if I already recycled them?
Wright/ I was just going to send ours back with a check for $20.
Bailey/ Yeah, I mean, that's an option too, but...I just wanted to let you all know that
(several talking)
Champion/ I don't know what...I don't accept it, but I don't know what I did with it.
Bailey/ Well...
Champion/ I'll go to jail for a week; it'd be perfect. (laughter)
Schedule of Pending Discussion Items:
Bailey/ Okay, um, Scheduled Pending Discussion Items, a couple things I heard tonight -
a Farmers Market and then we need to talk about ashtrays and litter, or cigarette
butt litter downtown. We'll add those.
O'Donnell/ And chewing gum downtown. Chewing gum is an incredible problem. That
ought to be a $500 fine.
Bailey/ Okay.
O'Donnell/ There are, it costs so much money...
Bailey/ You'd like to talk about chewing gum?
O'Donnell/ No, just put it on...I mean, litter in general, I mean, that's just, if you've ever
stepped on that, that's ridiculous.
Bailey/ Okay. Any other items? Okay.
Dilkes/ If you can find the person who threw that gum down that you stepped on, Mike,
you come see me.
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August 25, 2008 Special City Council Work Session Page 43
O'Donnell/ I'm not looking that closely, Eleanor. I'm certainly not looking down
(laughter and several talking)
Champion/ Okay, are we...
Upcoming Community Events/Council Invitations:
Bailey/ Upcoming Community Events, Council Invitations. (several talking) LJh, the,
um, anything coming up that we should all be aware of? Okay.
Champion/ The food fest, Wednesday night.
Bailey/ Oh, yeah, Taste of Iowa City or whatever it's called. Um, I will have...Marian
will be contacting you regarding meeting schedules. We owe Michael, um, it's
three months, he's been here three months. Seems like forever, seems like a blink
of the eye, I'm not sure which day for him, and then we also need to do staff
evaluations. So she will be contacting you about your schedule. Typically we
take about a half day for this.
O'Donnell/ We get later and later on these.
Bailey/ Yes we do, and I apologize, but...
O'Donnell/ Well, we had the flood and...
Bailey/ We had the flood, but Michael's was due to happen in August, so I think we're
coming in on...okay.
Correia/ The United Way kickoff, that's next week, isn't it? (several responding)
Bailey/ Wednesday. Okay, any other announcements? All right, see you tomorrow night
at 7:00. Thank you very much.
This represents only a reasonably accurate transcription of the Iowa City City
Council special work session meeting of August 25, 2008.