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HomeMy WebLinkAbout2008-10-20 TranscriptionOctober 20, 2008 City Council Work Session Page 1 October 20, 2008 City Council Work Session 5:30 P.M. Council Present: Bailey, Correia, Hayek, O'Donnell, Wilburn, Wright, Champion (arrived at 6:20 P.M.) Staff: Lombardo, Helling, Hargadine, Goers, Dilkes, Karr, Davidson, Ford, Trueblood, Boothroy, Howard, Rocca, Ream Others Present: UISG Representatives Parks & Recreation Master Plan: Bailey/ Okay, let's get started. It's going to be a long night. Trueblood/ Okay. As you know, we've been working on a parks, recreation, trails master plan for over a year, I guess, and uh, about three weeks ago, uh, the Parks and Recreation Commission saw a, uh, draft, a final draft. Rather than have our consultant come back and give another presentation to the Commission, they felt it was important for the Council to see it, so tonight's an abbreviated version. I would like to acknowledge that a couple of our Commission Members are here tonight in the audience -Jerry Raaz and John Westefeld...think anybody else sneaked in. Uh, so, anyway, I'd like to give you a PowerPoint presentation and uh, I'd like to introduce, uh, Pat O'Toole. Uh, we went through quite a selection process and ended up selecting the firm of GreenPlay, LLC, which is headquartered in Broomfield, Colorado, but Pat works out of the Lawrence, Kansas office, and so you won't have to mention it, Pat, I'll just say, `Yes, that's the home of the reigning NCAA basketball champions.' (laughter and several talking) I don't have to...but (several talking)...so, Pat, the floor is yours. O'Toole/ Thank you! Uh, tonight basically you got a couple of things in front of you, but I want to point out the...the bound copy is an Executive Summary that we've put together. Uh, as Terry said, we've been working on the...the master plan for about a year. Um, these are the highlights and then the PowerPoint is even more highlights out of this, so it does kind of follow this Executive Summary with more detail obviously in...in the Executive Summary. Try to get through the presentation here and then, uh, welcome any questions or...or comments concerning the, uh...draft report. The process we've gone through, uh, these are just some bullet points. Start-up meeting where we kind of set out the parameters of the schedule and...and set up, uh, particularly the community input process. Did a very extensive community input process with focus groups. We were basically here for the better part of a week. Looked at every park, every facility, uh, talked to...just tons of people from interest groups to citizens, um, likewise used that information to put a community survey together, uh, statistically valid survey that was sent out into the community. Looked at the demographics, um, and likewise projections of the demographics for Iowa City. As we were here we did the inventory and also an assessment and looked at level of service that each of the facilities and parks were delivering. Some being community-driven. Some This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 2 being neighborhood-driven. And then used all this information to come up with recommendations and an action plan, which is really what the focus is tonight, is...is kind of like here's the...the recommendations for the next, uh, I believe 12 years. We typically don't put a timeframe on it until we see what all it entails and...and um, looking at what is...is really implementable, uh, in the future. And then we've got, uh, this is kind of the...the final report session, and then we do have a full report, with appendix. It's rather lengthy, 100-plus pages I believe, um, so we created this...this Executive Summary, which is what we'll kind of go through tonight. On the community input, just pulling out some of the...the strengths that, uh, the community told us about the...the Parks and Recreation Department. Staff being visionary, responsive, a lot of compliments on the staff, uh, and how they react to the citizens. As far as facilities, for the most part well- maintained, variety of parks, programs; a lot of diversity and variety in the types of programs; something for all ages; um, and the support and funding, a good relationship with City Hall was brought out, and... and capital funding is effective to allow for some of those things that...that need to be upkept. As far as the areas of improvement, again from the public input process, recognition that a lack of staff for maintenance and programming, um, Foundation and the PIO staff. So, uh, as we asked the community what are some...some areas of improvement or weaknesses of the department that we need to look at, um, these are the (coughing, unable to hear) staffing that they thought really needed to be boosted up a little bit. As far as facilities, a lack of trail and particularly trail connectors, uh, where people could use those not only for exercise and what have you, but a way of transportation, mode of transportation, from neighborhood to neighborhood, park to park, schools, just kind of connecting a lot of the...the high points in your community. Uh, poor maintenance of natural areas, um, we heard an awful lot of comments that were, everything's maintained well, but there's not enough staff to get to some of the areas that we're trying to keep, um, natural. Services and programs, a need to increase collaboration, um, partnerships; looking at who else in the...the community, um, can help put some services together, and a need to identify poor services. Um, I think some of the comments were trying to be something to everybody, sometimes you need to focus down on what you do best and allow some of the other entities in the...in the community to do it, or collaborate with them. Support and funding, uh, there was a lack of, or at least from the community standpoint, a lack of capital funding for projects, and a lack of operations and maintenance funding, uh, particularly in the staffing realm. And public awareness, lack of information and education. There were some folks that, uh, didn't feel like they knew what was being offered from the Parks and Recreation Department, so a need to promote the Parks and Recreation division, and the quality of life issue came out of those...those input sessions. As far as what additional facilities and amenities people would like to see, outdoor leisure pool with a lap swimming area; recreational aquatic center on the west side; municipal golf course; splash pad or spray-grounds; indoor soccer; farmer's market facility -farmer's market came out as...as a program that was very well liked in the community. I mean, it ranked the highest thing as far as what people really appreciate. Um, BMX parks and trails, so trails really across the board, but This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 3 particularly in the survey, came out as the number one need that people saw. So amenities, uh, pedestrian bridge at the dog park, the trail connectors, rail corridors, multi-use trails, um, river access, more or less some...some multi- purpose trails used for all ages for exercise, for fun, as well as transportation corridors; more neighborhood parks and dog parks; and basketball courts in the parks. Some of the highlights of the...of the survey, of the 92% respondents of the households who visited Iowa City parks over the past year, 92% rated the physical condition of all the parks as either excellent or good. So very high rating as far as the maintenance of parks. Of the 30% respondents of household members that have participated in a department's recreation programs, 90% of those respondents, um, rated the quality (coughing) excuse me, of the programs either excellent or good. Might point out 30%, um, a lot of times people think that's low -that's right on the national average of participation, of 30% households in park and recreation programs. Um, and I also might point out that...that middle green area, those are people that take part in...in organized programs, not necessarily visiting a park, so the red...90% of your households that are visiting parks at some point in time. The third highlight, 76% of the respondents indicated that they were either satisfied or somewhat satisfied with the overall value that they are receiving from the Parks and Recreation Department. Really good statistics on...on how people appreciate the Parks and Recreation Department. We asked folks what's most important - in facilities, it's most important to the households to include walking and biking trails, small community parks, wildlife and natural areas, and nature center and trails. So those are kind of the top...the top realm of things, and again, we've got the statistical information on percentages and number of households that answered a laundry list of stuff with the ability to write others in. As far as programs, most important the farmer's market, again, came out very high. Adult fitness and wellness programs, and special events. As far as indoor space, walking and jogging track, weight room, cardio equipment, exercise facility for adults 50 years old and older. Recommendations and strategies, and I might point out in your Executive Summary, starting on page 11, you can kind of follow...again, we've pulled out the goals and the strategies and underneath the strategies are the detailed action steps. So if you kind of follow along, again, so we didn't put everything up here. Number one, just talking about maximizing the plan, a strategy to incorporate all the action items of the plan into the City's annual work plans; to achieve the recommendations of the plan and enhance the efforts of the staff. So again, it's endorsed by the City, everybody knows this is the goal we want to achieve for the Parks and Recreation over the next ten or plus years. Assure that all levels of staff are informed of and are set up to work together and implement the...the recommendations, the strategies of the plan. So again, everybody knows how they fit in, and how the pieces of the puzzle fit together, as far as their day-to-day activities. Goal number two, track performance measures. Great standards for all community service activities. This is kind of a measuring stick so in every service that you create, what are some of those measuring sticks that people can count on, and that you can kind of track, um, for continuous improvement. And again, we've got those listed in the...in the action steps. Goal This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 4 three, enhance the program development. First strategy, seek ways to respond to identified programming priorities. So, again, we've got a priority list now. How do those fit into the day-to-day as far as...as uh, achieving those and...and putting those out in the public. Identify and develop programs related to new trends in parks, recreation and cultural arts. Again, to stay up with those...those trends in the programmatic area, that people are looking for. And goal four, pursue comprehensive service delivery. Reach out to those with financial need, and assure programming opportunities are reasonably available to all geographic sectors. One of the things we looked at was, are there any geographic areas that, um, don't have access to services as much as others, and likewise, set up a program where you...you, uh, can include all those, and have a program to help those with, uh, financial needs. Goal five, solicit community involvement and feedback. The strategy, regularly solicit community input in programming and facility planning efforts, so that you have kind of a continuous, um, operation where people feel comfortable telling you what they'd like to see, the changes, the new programs, keeping you up with those trends, and expand department volunteer opportunities, where in this day and age, you can really extend your staff, um, through volunteerism, and really set up a, um, healthy volunteer program. Goal six, increase awareness of program offerings. The strategy, effectively communicate department offerings to the public, and have some action steps in there that will help, um, as the public helped us determine where and...and how they would like to receive information, and...and know when the programs are and where they are. Goal seven, assure financial sustainability. First strategy, research potential traditional funding opportunities, and again, we've got some action steps in there. Pursue alternative funding to implement the master plan. What we looked at were, uh, what we see across the country that are possibilities that might work here to get some alternative funding opportunities working. And a third strategy, to review the department's cost-recovery philosophy and policy, and update it as necessary. So we've recommended a system that will, uh, create some equity and allow everybody to make conscious decisions on where tax subsidies will fall in the program arena. Goal eight, to collaborate with community organizations and businesses. First strategy, build partnerships within the community to take advantage of existing facilities, share new facilities, provide additional programming and services for the community. Second strategy, pursue a dynamic and mutually beneficial relationship with the Senior Center, and a third strategy, to explore community access relationship with the University of Iowa new student wellness center. Goal nine, continue to provide equitable level of service in existing parks and facilities. This is one where there's quite a few action steps, but as far as the strategies, improve existing parks to meet the community standards, so as we assess parks and uh, didn't just take an inventory and say, `Here's how many of what you have,' but we assessed the condition of those, and how well they fit into, uh, your community. So there's a long list, and we'll go through some of those, uh, in...in a chart here at the end, to really upgrade those to what the community sees as the standard in Iowa City. Strategy two, fill the gaps in walkable service. Again, back to connector trails and allowing folks to get from place to place. Strategy This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 5 three, continue to provide a high level of service of natural areas and environmental education; and strategy four, identify and develop facilities for new trends in parks and recreation. Goal ten, plan for continued equitable level of service as the community grows. Looking at the growth areas, and...and the growth rates, strategies of adding parks and trails and facilities to respond to the growth needs of the community, as it grows, and increase the level of service provided for indoor facilities, and one of our identifications was on the west side as it grows out. Goal eleven, increased level of service for trails. Again, this was high priority from the community. Strategies to increase level of service offered by existing trails and parks and throughout the community, and increase trail connectivity and overall trail network. What we've done is broken out the, uh, recommendations and...and action steps, put costs to them, and timelines. We broke it out into three timelines - 2009 to 2012 priorities, those added up to $3,430,000 in 2008 dollars. 2013 to 2016 priorities, $9,230,000; and 2017 to 2020 priorities, $30,220,000. So total 12-year plan, $42, 880,000. And we've got those broken down into these charts. So these are what we would consider to be the first priorities, not necessarily in any one order, but in your first five years, upgrade and replace the playgrounds at Creekside, Highland, Mercer, and Tower Center, or Tower Court Parks of four playgrounds, totaling $240,000. We also have the capital funding sources listed there, and the annual operating and maintenance costs. Add restrooms to one westside park, $150,000, with $5,000 O&M. Add two small shelters to multi-purpose trails, $30,000, $2,000 O&M. Construct trail projects, $3,000,000, estimated $10,000 per mile per year for upkeep and maintenance. Create a renovation master plan for Creekside Park, $10,000. Addition of one maintenance worker for $38,000. So by the time these things are implemented, we're...we're recommending that one maintenance worker be added to keep up with that. Trueblood/ Might just mention here that each one of these are above and beyond what shows in the current CIP plan. They take those as being funded, and then make their recommendations for other items, on top of what's already showing in your budget for the funded years. O'Toole/ So this is all new projects and new money that we're recommending here. Correia/ I'm sorry. So what's currently on the CIP isn't included in here? Trueblood/ That's correct. Correia/ So does that mean... Bailey/ This is in addition. Correia/ ...those items are not part of our park planning process? This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 6 O'Toole/ It means...and in the text what we're recommending is those that are...are planned, funded, that they continue. In other words, we've looked at all of those CIP plans and rather than...so what the next ten years, or these 12 years are about is continuing what you're doing, but these are in addition to. Correia/ Why would we not integrate both of those into one document? `Cause I mean it's...it, because as I'm looking at this, I'm seeing...and now I hear why, like the Sand Lake isn't in here. Recreation area, because it's already on our...CIP, but as we're...planning for parks over this period of time it makes sense to me that we have all of the context in one document for, you know, efficiency.. . O'Toole/ Number one that would make a huge document. Secondly, what we do is refer to a document that you've already got, that...a plan that's approved and funded, and in here it says continue that on the same timeline. So we make reference to it, but we don't take all that text and put it in here and add it to the cost, which is very typical of master planning...to...these are the additional things, and usually the...as we sat down and if it's...now if it's not funded, that's a different story. So we're looking at that line kinda being, if it's not approved and funded, then it needs to be in this plan. If it is approved and funded, then there is a plan, there's a timetable, there's a funding source, so that...is how we did it anyway. Trueblood/ Could easily enough be adjusted to include the current CIP (mumbled) through 12 years. Correia/ May make sense to me, just in terms of the big picture, or the full picture, for what we want to accomplish in our parks, the recreation. O'Toole/ And actually, I mean, there were some kind of...what we did was take out that stuff in some of these cases. Wilburn/ One other, uh, perspective on that, uh, I'm not...I'm not arguing that shouldn't happen, but in terms of, um, the Council looking and prioritizing what we do have in our existing CIP, um, it would seem to me that one approach we could take in making decisions about whether to approve one or not is to look and see if a particular existing project or existing planned project falls within one of the goals that are identified in this...in this, uh, master plan. For example, um, the goal of collaborating with community organizations and businesses. If one of our existing planned, um, CIP identified projects, uh, if we could give staff the directive to, uh, look for any of those projects that might lend themselves to natural...naturally partnering with an organization or existing business, then in my mind we're beginning making the move towards the Park and Rec master plan. Does that make sense? O'Toole/ And I'm...looking at page 21 where we've got under the goal "continue to provide equitable level of service in existing parks and facilities." One of the bullets, continue to make the development at Sand Lake Recreation area a This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 7 priority. Another one, uh, continue to work with the City to find construction techniques to increase the maintenance for downtown Pedestrian Mall. Um, the IC Kickers Park, and as this...as, even taking a year, I think we discovered some things that were even under construction that showed up here that we kind of had to make a call, or if there's two shelters -one's built and another one's going to be built two years from now. So, again, trying to recognize those existing plans, um, without putting all that text in there, or you know, some places, um, refer to it. Other places say let's put it as an appendix, um, what we find most of the time is councils want to see how many new dollars, beyond what's already been approved. But, as Terry said, particularly on the last charts that we can add pretty simply whatever...and I guess from our perspective it'd be as something that hasn't started construction yet, something that's got afive-year plan and you're halfway through it, what kind of time frame is sometimes the issue. Correia/ One of the things I noticed, and you know, we're just getting this, so it's not like we've had time to look at it, is that all of the, um, priorities and costs are related to infrastructure, which you know I understand. One of the...something that you said that, um, put up the light bulb to me was getting information to everyone about what Parks and Recreation Department has to offer, and I know in the past, years ago, every resident received...address received the book, um, and I know at one time, and then that was discontinued because of the cost, but I think...I think that's one of the best ways for everybody...I know that the schools now send out to all elementary school students, probably, um, but I mean, I'd be interested in what would be the cost of doing that, um, every season, or twice a year, or once a year, something to...to, um... Bailey/ Did you get any feedback about that? I mean, you got feedback about lack of awareness, but were there residents who remembered receiving that book and asked about it again? Wilburn/ Or just to push that a little bit further, um, one of the, um, one of the things that, uh, was mentioned at our retreat was, um, kind of looking at things, rather than saying there's a lack of describing what's present so this example, um, were there any questions in your survey, and it may not...may be after the case, uh, after the fact, that talk about what was present. In other words, is the demand for information about our services, uh, I mean, one way of what could be present is we're not putting anything out. Another thing is we're not putting enough information out. Another could be that, uh, we are targeting the wrong ways that people look for information. If we're putting out paper and people look to the web, so was there any feedback related to that, you know, what people, how people were taking... O'Toole/ The overall feedback, probably the majority of folks, and this is pretty common. Those that participate every season know where to find it, know who to run down, know where to go and get it. The ones that would...that didn't know, um, you can't delineate what they would and wouldn't have done if they would have This represents only a reasonably accurate transcription of the Iowa city t~ity Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 8 known, but we had some comments on the web and then the next comment you hear, so it's give and take. Next one is well, I would never look there or I don't look there, um, we got enough information that in our mind, and what's in here is track that so that every registration, every phone call that comes in you ask that question -where did you hear about us -and you'll see what is working and what's not. We did hear people that said we think we ought to mail it to every household. And the next person would say that would be a waste of money. So, again, through the focus groups you can have those conversations, but it doesn't make it statistically valid. In our survey, we did ask how people did get it, and how they would like to get it, and we have...have those down here, but without saying this is what you should do, what we do know is, uh, you can...and the reason there's probably not dollars in here is...is through a collaboration with schools, you can send that brochure home with every school kid. Some communities do, some communities the schools won't let you. Lot of `em put...they totally fund that three to four-time a year brochure with advertising...to include direct marketing, or direct mailing costs. And then it's kind of a no- brainer. The...the advertisers are paying for that to go out in the community and we have the money every year. So it's difficult...what we try not to do is just put a cost to everything when there's...there's really good ways, particularly in this day and time when funds are tight to win-win-win for a lot of people. So, what we've got in here is to look at those situations, see what is working, see where people are coming from, get this continual feedback process working where you can not just ask one time. Continually ask people, because the bottom line is you probably do need to do it through web site. You probably do need to do it through direct mail. You probably do need to do it through schools. Um, in...in Parks and Recreation, even though you put your brochure out, there's umpteen programs that happen after that fact that turn up in flyers in newspapers and all that. So it's...right here what we're suggesting is looking at that marketing issue, looking at the survey results, and finding that blend, but we didn't...we got some good information, but it's only going to be good for X number of months, and you can set up a process which is what we're saying here to continually do that, and you might, you know, some communities have gone from four times a year, the brochure, to three times. That's more cost effective, and it just stretches that program a little longer. Um, some come from three to four. So there's not a...a set deal. What we do know is if you do put it in every household and can afford to do that, sometimes it gets thrown out, you know. There's communities that put it in the Sunday paper and it gets shook out with everything else, and then people call back and say, `Well, what Sunday did that come out?' So, sometimes you put your marketing dollars in advertising when and where it's coming out, and create some shelf time, and...and some people if you haven't signed up for a program in four years, you don't get it direct mail and...and sometimes that's hooked up on kids going to college. What we are finding is now the...the baby boomers are kind of getting back into some of that stuff, and would like to see it. So, I don't know if that answers your question, but that's...that's why we haven't pinpointed a dollar figure. We're suggesting some...some, um, processes be set up to find that out, and there's probably a more efficient way of finding that, and we don't This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 9 know by looking at it whether you've got ample dollars or not, because you can get some...some sponsorships, you can do a lot of things with your web, and...but what we did recognize is you did have a sector of your market that says we don't really know when things are happening. Wilburn/ I didn't want to put words in your mouth, was that a fair extension of what you guys were saying? Okay. Bailey/ I mean, I like the idea of a process. That makes a lot of sense. I mean.. . Trueblood/ Just as a reminder here, yeah, it was cost related when we quit doing that with the brochures, but it was also happening at the same time with the development of the web site, online registration, and that sort of thing, but I was just looking here and the survey component of it indicated that, uh, that the recreation...Parks and Recreation Guide is still the biggest way that people learn about our programs. LTh, 65%, and I couldn't find it right now, but I do recall when our, uh, the firm that did this survey gave their presentation to us, they said something about our...our web site and people using it and looking to it, and so forth, was extremely high with others around the country. So, it's something we've got to take a look at, but yeah, we certainly...with 65% of `em, uh, we certainly have to keep doing the Guide, if not maybe go back to, uh, doing it more. (several talking) Correia/ I was going to say, not everybody uses it (mumbled) O'Donnell/ How many did you survey? Trueblood/ I'm sorry? O'Donnell/ How many did you survey? Trueblood/ Uh, the survey went out to 2,500 households and they got a response back, uh, only 400 was required to be statistically valid, but we required 500 and actually got back 676 or there about. Wilburn/ It's 27%. Trueblood/ Pardon me? Wilburn/ 27% responded. Trueblood/ Something like that. So it was considered a very good response. O'Toole/ It's one of those where everything we saw, your brochure is by far your best piece. But not ignoring that people said I have never seen it. So, the best thing about the survey is to note that it went out not just to users. Most of the people This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 10 we talked to in the community input are interested people that will come down and visit with us. So, they're typically, I would say, 95% plus users of some Park and Recreation program. This includes the people that don't know where parks are, don't get out, so it...it does give a really good...good view of that, so if I remember, your high in people seeing the brochure and signing up. You're also high in web site. So, you're an educated community. Bailey/ Other questions or comments...about this? What are the next steps, Terry? I mean, we don't have a formal item on our agenda regarding this. Trueblood/ No, right now... Bailey/ When do we expect that? Trueblood/ ...next step for us, uh, well, we'll be getting...it's not that close to being all finalized right now. So, uh, we'll get that all finalized. We take it back to the Parks and Recreation Commission to get them, uh, to adopt it, and then I'm presuming, I haven't really talked with (mumbled) but I'm assuming back to Council by resolution for adoption (mumbled) uh, upon recommendation from the Parks and Recreation Commission. Bailey/ Okay. And, then that full...the full report will be available online, at some point, or how...how are you going to do that? O'Toole/ Can be. You'll get it electronically, as well as, um, hard copies. Um, so it can be printed out; it can be downloaded on...a lot of people won't, they'll put the full report, some of `em will just...this will be the first section in the report, which will have all the big rocks, so to speak, and all of the recommendations. And then the detail, like I said, is a hundred page report, and then the appendix behind that, which will have the survey details and...and an awful lot of workable, uh, options for these. So it's a question of how much you want to put on there, how available you want to make it, if you want to put the survey results. Some people rotate per month. So, but you'll have... Bailey/ Any other comments? O'Toole/ One thing I do want to point out...I'll throw it up here; you can finish out those charts on your own, and certainly the details on the action plans. The other handout you have is...is what we call the recommendations map. Typically is a pretty good piece that shows kind of where stuff goes without pinpointing parcels that tend to go up in price when you do that, but it's looking at the implementation of this plan, where things would go, um, and...and a lot of times this is just a good marketing piece to put on the wall and what have you. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 11 Wright/ Just looking at this map, um, I see some future parks posted there and we've also got the new proposed Comprehensive Plan, which has future parks that aren't on here. Bailey/ Right. Are we going to try and jive these two? Bailey/ That's what I was wondering. O'Toole/ Typically we'll pull out the...the big ones, but we can certainly put as much as we can fit on this page. So, that...and that's really what we're waiting for to get the final product...there's any staff input or Council input or Rec Board input that we get it in there before we send the final to you. Wright/ I think it'd be nice to have all our future parks agreeing both places. Bailey/ With all of our district plans. Wright/ Yeah, with our district plans, and uh, and this comprehensive map. Trueblood/ Yeah, but there could also be a situation where our survey, uh, or their assessment showed something different than what the district plans are showing. You know, maybe our survey didn't indicate, uh, or recommendations don't indicate a park being needed in a certain area, but yet Central District Plan, for example, does show a need for it. But, yeah, they have to...they have to work hand in hand. Correia/ But I think that's a function of talking to different people in different neighborhoods. Like you said, you had focus groups and some people went to those and we had people...there were specific parks focus groups for the Central District Plan. Bailey/ Right. Correia/ So I mean, I think it makes sense in the end that our documents... Bailey/ Well, and also when you're...when you're in a group for this, you might be thinking differently than when you answered a survey for this, just because you're sitting with your neighbors, I mean, so I think it would be a great comprehensive list. (several talking) Correia/ What's an adventure playground? O'Toole/ I'm sorry? Correia/ What's an adventure playground? This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 12 O'Toole/ More of a destination, larger, um, it can handle school groups, maybe several school groups, um, attract folks from different cities. So it's more of a destination, adventure kind of...it can be themed, um, can be bought off the rack, it can be customized to Iowa City. Correia/ So that...that's what we have in here for upper City Park. So, that sounds like a, what's the word for... Bailey/ Expensive? Correia/ No, not expensive (laughter) um...it seems much different than what we currently have in upper City Park. It seems like a, you know, not adventure, and obviously it's not that much space, but you're talking about rides and.. . O'Toole/ No, no, no. Correia/ No, okay. O'Toole/ Still be a playground. Correia/ Is there an example of an adventure... Bailey/ Are you talking...are you talking more of those, like those natural ones that they're doing now? Are you.. . O'Toole/ Can be. Bailey/ Okay. O'Toole/ Can be themed, can be, I mean, we've seen `em as...as full family, meaning adult -has an adult section. I mean, adult playgrounds are...are kind of a trend. Small kids playground, it also can be...whether the focus is to jump out of that box where they look the same in different parks for different neighborhoods, and it is a community-wide destination place where you'll spend a few hours, where you know daycare centers...it's a...it's an outing -for daycare centers, for schools, for...could be, you know, Cedar Rapids' folks come down here on a Sunday just to go to that playground, and they're working well in a lot of cities. Correia/ Can you give me an example of one I could like go check it out on the web? Bailey/ Yeah, that would be...probably be.. . O'Toole/ There's one in Indianapolis...trying to think of the name of it...I believe there's one in Cincinnati. And they're all different sizes. Some include, you know, spray grounds and...and those types of things. So the...a lot of `em is more of a themed around the community kind of thing. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 13 Trueblood/ Basically a really big playground with lots of neat stuff. Does that help any? Bailey/ Okay. Any other questions or clarifications? Okay. O'Toole/ Thank you. Bailey/ Thank you for the presentation. We look forward to seeing the full report guess. This is all new to me. Yeah, those are the shifting (mumbled). Planning and Zoning Items: ITEM 7. PLANNING AND ZONING MATTERS. a) AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE CENTRAL DISTRICT PLAN. Davidson/ ...depending on the questions. Bailey/ Okay. Our next is Planning and Zoning Items, a and b. Davidson/ Good evening, Madame Mayor, Members of Council. Love the new layout. (laughter) Um, very quickly, in response to the prior item, and a question that Mike had, um, we...we would expect, eventually, the Central District Plan and all the district plans, to be consistent with the Parks master plan. Um, as someone astutely noted, that because they've been developed through different dynamic processes, uh, you wouldn't necessarily expect that to happen, uh, you know, automatically with the development of each, but we certainly would expect to reconcile those eventually... Wright/ Exactly. Davidson/ ...and...and I think also they're, you know, the perspective is a little bit different. I mean, we're looking 30 years in the future for some of the comprehensive planning type stuff, and I wouldn't have any idea if that's the same that the Parks' plan has or not, but at any rate, we would expect to reconcile those. Uh, we have Items a and b for discussion tonight. Uh, Item a is amending the Comprehensive Plan to include the Central District Plan. I think this is the sixth or seventh, uh, district plan that we have produced as offspring of the 97 Comprehensive Plan, and I think most of you are aware by now that, uh, what we do with these district plans is it's sort of a gradual updating of the Comprehensive Plan, looking at an area, um, in more detail than the overall Comprehensive Plan does. Upon adoption by the City Council, these district plans become the Comprehensive Plan, the overall vision, uh, enacted through the legislative process that we will go through, uh, it becomes the official vision Comp Plan for that area, and we found this to be a very successful process, uh, and I think the Central District Plan is...is certainly consistent with what we've been able to do This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 14 with our previous district plans, and that is really engage the community. Um, I mean, we had excellent turnout at the, uh, public meetings that we had, and those are really, really important in terms of the development of this plan, and I wouldn't want anyone to think that this was sort of a top-down planning process, uh, from the Planning Department. I mean, we really have engaged the community and L ..I think that makes a much better planning document. Uh, we are going to have a presentation. I mean, I'd be happy to...uh, Karen Howard or I will be happy to answer any questions that you have this evening. Uh, Karen and Bob and Sarah Walz will make a brief presentation, uh, tomorrow, uh, on camera, about 15 minutes, and take you through the plan. Um, so I guess you know we can wait and have questions then if you'd like, but if there's anything, and certainly if there's anything you want to have us be prepared for, uh, tomorrow, we'd be happy to, uh, take that input right now. Correia/ One of the questions I had, is there's a lot of references to affordable housing, throughout, which I like, um, but there's no definition anywhere of what we mean, in the context of the plan, of affordable housing, and I know I saw that in the minutes of the Planning and Zoning Commission, public comment, about that specifically, um, and so I wondered if there's a place that that would go, um, and if when...when the planning process, when folks were talking about affordable housing, did they mean at 80%...was it income-targeted affordable housing, um, and what...um, I think my neighborhood was mentioned as being an affordable neighborhood, but I'm not sure recently how many homes are selling under $100,000. I'm not sure that would be affordable for folks at 80% and below. But...the definition that is generally used when you use those terms together. Davidson/ Yeah, why don't you let me see, Amy, as you've alluded to, there's a lot of ways to define it. Correia/ Right. Davidson/ Um, let me...let me see if it was defined a specific way in the neighborhood meetings that we had, and if the plan can further develop. You know, I'm used to the 60 to 120% of median type definition, but let me find out for certain and we'll try and define that more clearly here. Any other, uh, questions? Bailey/ Anything else that any of you...I mean, I think it's great that we'll do this presentation on camera tomorrow. Any specific things that they should bring out, focus upon, be prepared for tomorrow? Hayek/ I may ask some questions about, um, the, uh, the recent trend of, uh, large apartment complexes in the downtown and near downtown area, and the references I see in this, uh, excellent document to that issue seemed to fall under the category of housing, and I may have some questions as they relate to that trend's impact on commercial, retail, office space. I don't know if there's any, I'll just let you know now that I may ask those questions, and if... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 15 Davidson/ Yeah, that's a...that's a very appropriate question for tomorrow evening, Matt. I will tell you that there are a couple of initiatives working their way through the Planning and Zoning Commission. In fact, did they make it out of P&Z (mumbled). Yeah, they did make it out of P&Z so you'll be getting them shortly. Changes to the CB-10 zone to specifically address some of the concerns about the types of buildings that we are seeing, uh, at least in the last couple recent years, um, and obviously Council will have at their discretion to decide if...if those are worthy of changes in public policy. Bailey/ Um, there was a lot of discussion about bicycle transportation in here, which I...I appreciated, and in the spirit of linking all of our plans together, I was...I would probably...I will ask tomorrow night how these goals will be tied to our bike plan, that we're developing. Davidson/ Yeah, I think...I think you're all aware that we're in the...J000G I should say is in the midst of a bicycle master plan and, uh, I took the survey today. I encourage you all to take it. Go online, uh, JCCOG web site. Um, but um, yes, there are things that we address specifically in the Central District Plan, things that came out of the neighborhood meetings that are addressed in here. Um, and I guess we'll have to see if there are any, oh, hi, Connie. We'll have to see if there are any things specifically that comes out of that master planning process that, I mean, I can't imagine it would be inconsistent, but if it's worthy of being amended into the plan or...or vice versa, we'll have to address that. Bailey/ Okay. Anything else for tomorrow... Correia/ Yeah, the other thing I had was the, um, question was in a few places it talks about, um, potential new development proposed for flood-prone areas along Iowa River and Ralston Creek, and I know that came up as well. Is that, do we want to be more restrictive and say we, at least related to residential, that we don't want to develop flood-prone areas along Iowa River, Ralston Creek? Davidson/ Um, this is of course the overall broad vision, and doesn't...from that overall broad vision then there will be public policy initiatives that you will consider and decide if you want to adopt or not that come out of this. Clearly, I think one of the most significant and exciting parts of this plan are the opportunities to redevelop, uh, and take advantage of the access of the river at the north wastewater plant, uh, the, um, the City Carton area, and even some of the area further to the north, all the way up to Burlington Street. Now, in doing that, we want to take advantage of the access to the river, but be a little bit smarter about it, leave some areas in green space that...that should be in green space, and then figure out how to build in some, uh, flood protection measures so that if we, you know, we want obviously the private sector to invest millions of dollars in these redevelopment plans. We gotta make sure that that investment is protected adequately. So, not all those questions, Amy, are answered in this plan, but the This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 16 broad vision, I think, will lead to it being answered in the ultimate redevelopment projects, and what we're asking you to do is either buy in or not, to that broad redevelopment vision that is called out. Bailey/ Okay. Other questions before tomorrow evening? And we'll have an opportunity to discuss this a little bit more tomorrow night, so... Davidson/ Yeah, you do have then, uh, resolution, it's adopted by resolution, so that is also on your agenda for consideration tomorrow evening. Wright/ And we just, having been to all of the workshops for the Central Planning District, um, this document remarkably represents the workshops. It's really a nice synthesis of that. Davidson/ Yeah, I...I have to, uh, give all the credit to the Urban Planning Division in terms of the actual production of the plan. I think...I think we got some new software and, boy, it looks beautiful if you ask me. I think we've, uh, improved each time we've done a district plan, and this one is certainly the pentacle right now. Anything else on that? b) CONSIDER AN ORDINANCE AMENDING ARTICLE 14-SB, SIGN REGULATIONS, ARTICLE 14-9C, SIGN DEFINITIONS, SECTION 14-4B-1, MINOR MODIFICATIONS, AND ARTICLE 14-3C DESIGN REVIEW, TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPERTIES. (SECOND CONSIDERATION). Davidson/ Item b then is, uh, modifications to the sign ordinance, uh, which you did pass first consideration, uh, at your last meeting. Out of that meeting there were two specific questions that you had, uh, about residential leasing company signs and signs for home occupations. And those were addressed in a memorandum dated October 15 from Karen Howard. I'm going to ask Karen and Jann Ream from the Housing Inspections Services Department, uh, to come forward. They are the sign ordinance gurus, and will be much better able to answer your questions than I can. Um, but hopefully if there are any questions, uh, you could have Jann and Karen address `em. They will not be here tomorrow night. So if you could have your questions addressed tonight and then you'll have second consideration tomorrow night. Howard/ I guess we don't have a particular presentation to give. I did have that memo that was in the...in your packet, but basically we're here to answer the questions...we understand there was a number, quite a bit of discussion at your meeting, and we wanted to clarify any issues that have come to light. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 17 Bailey/ Any questions, um, that arose from the memo? It was in the packet. I mean, we are on second consideration of this ordinance. Some people wanted to make some changes. Let's discuss some of...some of that tonight so...we don't have the same kind of discussion that we had last time, which was difficult to follow at best without a flow chart. So, where are we at with this? What? Correia/ I'm comfortable with the resolution as it stands. Champion/ I think I am too. Bailey/ Okay. Champion/ Even though I wanted to make some changes to it. The more I think about it, the more simple it is the better it is. Bailey/ Is that what you find through enforcement, that we've got something that's pretty enforceable, that gets at some of the issues that we're...we were seeing in some of the residential areas, and that these can be followed up easily now? Ream/ I think it's very enforceable, and that was one of my concerns when we first started drafting this amendment was that it would be something that could be enforced. And I agree. I mean, when you start taking out one, maybe one particular zone and you know you're trying to keep track of all that, to keep...to keep the zone groups in what they are, in their group, um, I think it's very enforceable. Champion/ And the whole point was to meet the needs of the northside neighborhood, about a complaint they had, and so my initial reaction was to go further, but now I'm just willing to leave it at that. Bailey/ And I'm certain if there are problems that we'll hear about them, or if we notice problems, we can come back and revisit this and...and be very specific about what it is that we see that we'd like to address. Champion/ Exactly! Bailey/ And I think that that's what the, the neighbors did and I think that...moving forward with this. Do you have any questions? Okay. So, we're all good to move forward with this. Okay. O'Donnell/ I'm not certain on the time period. Hayek/ Oh, yeah, sorry. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 18 O'Donnell/ April 1St, uh, an excellent point brought up tonight that, um, that maybe, may not be enough time, or maybe that's the wrong time. How did we arrive at April I Ste Howard/ I think what we took was, this was afour-month period, and it was considered a considerable part of the year. These were supposed to be temporary yard signs basically, or window signs, uh, when you have a unit for rent in the building. Um, that would be in addition to if they were allowed to have these leasing company signs on the larger buildings, they of course would have those signs, plus they can have a yard sign out when...when they have a particular unit for rent in...in the building. They can also have an identification sign on the building that has the name of the building. So all those elements together are their signage allowance, but the four-month period was thought of as...a considerable amount of time to have a leasing sign out. Now whether that's the right period of time, that was the general consensus of staff, and the Planning & Zoning Commission, um, it certainly could be a different period of time, or it could be a split period of time, if there's a particular time period that's more important to have signs out, um... Ream/ I think the one thing to remember in terms of enforcement is that this will generally be enforced by complaint, so by the time our office would receive a complaint, that sign would have probably already been out for several weeks, if not several months already, so by the time enforcement catches up with it, I think it would actually have been out for a much greater period than four months anyway. Correia/ Well, and L..for me, in my consideration is we have a pretty tight housing market. We have a low vacancy rate, lower than national average, and lower than...be a healthy market. So, I don't think by and large have a terribly difficult time finding tenants to rent their open units, and I'm also not sure how often students if that's the primary market are driving around neighborhoods for a place to live. They're looking online, you know, the University has many, many, um, housing clearing house sites, they're looking in the paper, there's lots of other ways, primarily that I think people generally look for a place to live -word of mouth, you know, the web, the paper, and then you know if they happen to see something, um...concerned about the signs. Bailey/ Yeah, one would be lead to believe that this is the only advertising method that they use, and I think that that's...well, if it is, it's foolish, and I think it's probably inaccurate. Wright/ Well, even so, uh, if a sign goes up in a yard because a property has come for lease, it's going to be available, uh, they generally lease quickly and that sign's going to come down quickly. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 19 Hayek/ I'm okay with sticking with the proposed eight units and up, um, in terms of permanent signs, but you can't deny that that does create an issue of fairness for the landlords of small structures, of fewer than eight units, um, because effectively the large places have afor-rent sign in the form of a reference to the company, um, year round and um, I think a lot of those smaller structures, especially the ones in the neighborhoods, um, people don't, um, renters don't find through the Internet, but rather by driving around or walking around the neighborhoods they want to live in and looking for homes that look appealing, and I don't want to disadvantage those landlords because they're providing a critical service, and...I just think the market is such that, and the reality is such, that an April 1 start date for being able to list, uh, or place a temporary sign in one's yard is not really realistic, and I think if we could push that toward, in the direction of January 1St, uh, some reasonable distance, that would be much better for those landlords, and would solve some of those fairness issues that I have concerns with. Champion/ So you want to...they can put a sign up for six months, is that what you're saying, or... Wright/ Once the place is leased, the sign has to come down. Champion/ Yeah. Hayek/ Mean is they can place a temporary sign in the yard, um, earlier. Oh, Connie's the one not getting recorded. Um, you're bad - I'm not. Uh, it means they could put a temporary sign out, uh, earlier than April 1, assuming a standard August 1 turnover, which most rental units go under. And then they have to take it down as soon as it gets rented. Champion/ Well I don't object to that. Hayek/ That would be the one thing I would...I would raise. Bailey/ But how does that, okay, so that could for all practical purposes be up for more than four months, and it doesn't really get at what the neighborhood...there's sign clutter and in...on the northside, if we have a proliferation of these kinds of signs, it also signals a high level of rental units, and that can be concerning. Wright/ But what it does say though, the proposal says that the signs must be removed within 48 hours after the property, building, or unit within a building is sold or leased. So you're not going to have signs up for six months. Bailey/ Right. See, I don't have a problem with the landlord determining that it can't be up for more than X number, so if it goes up in January, I mean, if you're not renting January through whatever, four months, April and then you have to find another way to advertise. I don't know, but I wouldn't want...I'm assuming they This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 20 rent very quickly, but I wouldn't want to see those signs out for months and months and months. Almost as if they were permanent signs. Hayek/ Well, if they were up for months and months and months, it would be an indication of a...a housing glut, which I don't think it is right now. We want these units leased up. I mean, we want them occupied. (several talking) Ream/ I think one of the points with the sign ordinance as it is now is it's difficult to enforce and so it's difficult for the Housing Inspection Services Department to know exactly when a unit is leased, and we have that in there as being within 48 hours of being leased, so then the mechanism to get down a sign that somebody may want to be fairly permanent sign in their yard. And that's what's happened to the signs on the buildings, they're supposed to be temporary signs but they've evolved into more permanent signs because they like to have that up year-round, and so then it's difficult for Housing Inspection Services to know exactly when units have been leased in the building and when they're available, and if there's...that's why, whether or not it's a good...good number of months at least we know that the leasing period is August 15`. We know how to count backwards, and if the signs are up, whether that's the right amount of time...but it just makes it a little more enforceable. So I'm not sure what the right solution is, but that has been the complaint, is that it's difficult to enforce the way we have it written now. Correia/ Well, and it seems like those places have been rented for years, if they're rentals, before we've had these permanent signs. Bailey/ ...through word of mouth. Correia/ Because we have such a tight housing market, and low vacancy rates, the likelihood is that they will get rented, um, and so I'm not (several talking) but I am concerned about the neighborhood. Wright/ And actually the vast majority of these signs aren't advertising that that property's for rent. It's just plain advertising, and that's what we're trying to control, advertising and sign clutter. O'Donnell/ That was my understanding, and I thought the purpose was to prevent a building from becoming a billboard, and uh, you know, I...it also is a fairness issue with me. I...I want the person with the four...or six-plex...six-plex to have the same ability and advantages as the guy with the 40 units. Wright/ And why not a duplex? And why not a sign for everybody? We have to draw the line someplace. O'Donnell/ I don't want to draw the line if it's a fairness issue. You know, you pay taxes in this house...in this town, and it's uh, you know, it's dependent on being rented. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 21 Wright/ Always going to be a fairness issue for somebody. That's why I say we just...there has to be, at some point we have to figure out where the balance is going to fall. O'Donnell/ And that's what we're trying to do now. Champion/ But that'd be in a different residential...that'd be...those eight-plexes aren't in northside, are they? I mean.. . Wright/ There are some (several talking) there's some large apartment buildings. Bailey/ Okay, five minutes ago we had most people say that they were comfortable with this (several commenting). Okay! Hayek/ Well, I'll push tomorrow night for a...an earlier start date for those temporary signs, but I'm okay...yeah. (several talking) Bailey/ So, any other bits of...okay. All right. Thank you. Should we do number 9? Can you also speak to Item number 9? I had a question on that. Let's just do that now. Item number 9 on the agenda is this, uh, consider a resolution denying the exterior design. Since we have them here, um, we can get the explanation for this because I'm sure there are...I had questions (several talking). ITEM 9. CONSIDER A RESOLUTION DENYING THE EXTERIOR .DESIGN OF SLUMBERLAND FURNITURE, PEPPERWOOD PLAZA. Ream/ Um, first of all, I apologize for not getting a memo out to you to explain this resolution. We got the final plans Wednesday, right before lunch, and trying to get the resolution, trying to get you copies to the plans, and everything, um, didn't get the explanation to you. So, that's why we're here tonight. Um, basically what we have, uh, we have a mandate on the Design Review Committee to review (coughing, unable to hear) types of projects, um, some...one type of project is our TIF projects, and a TIF project could either be held to just the general design review standards, or there could be specific things written into the TIF agreement, in terms of design, and that is the case here, that there was some very specific things written into the TIF agreement, in terms of design, um, and...if you'd like you could pass these around so that you can take a look at those. Um, what we found was that when the original redevelopment agreement was signed, um, there were:..very specific design plans in the TIF agreement goals, plus there were...there were actual plans submitted that Council looked at and approved, and what you see above, that line drawing, was the original elevation that was approved with the original TIF agreement. What was submitted to us is this plan for a new entrance for Slumberland, and we really did struggle with this. As we look at the design itself, it has many good points, um, it emphasizes the new entrance for Slumberland, which is very much needed, um, it, um, as you look at This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 22 it, it's not a displeasing plan. Unfortunately, we didn't feel that it met the original design concept for that part of Pepperwood Plaza, and that there were specific things in the TIF agreement that it didn't meet. Um, if you're familiar with Pepperwood Plaza, you'll know that, um, you're familiar with those very large pylons, color...there's agroup of red ones and blue ones and purple ones, um, that...they're proposing to remove and replace with these series of planters, um, and one of the things in the TIF agreement that was very specific was a presence from Highway 6, both through architectural features and color. And, so the original concept included those pylons with a color scheme of the gray metal, glass, black, and red as...with the red pylons and the blue pylons. Um, the Slumberland, um, it is a corporate identity for them - we do understand that, um, the color is kind of a earth-toney subdued sandstone burgundy, um, it really does not match any of the other colors used on that particular building. We do understand that there are two fairly new stand-alone buildings in Pepperwood that have more earth tones, but those are stand-alone buildings. We really felt that this design was not compatible with the existing redeveloped Pepperwood Plaza. Again, we're not saying it's a bad design. We're just saying that it's not compatible. It doesn't meet design review standards. And the original TIF agreement. We as the Design Review Committee did not feel that we had the authority to override the original TIF agreement. Um, if Pepperwood felt that they wanted to update the design, that they felt that the original design that was approved was outdated, um, they could certainly go back and amend their TIF agreement. Champion/ Well, I can understand why someone wants their logo...there's another name for that, their usual... Ream/ Yeah, it's a corporate standard, right. Champion/ Yes, because then it's recognized from the highway and people might go in there because they recognize that. I think that's important to their, to their business. They've spent a lot of time, energy, and money to develop this, and they want people to be able to see it and know that...you know, without even reading it that it's a Slumberland. So I...I hope there's some way we can find a way to help them be successful by letting them keep that. I don't know if they have to go back and change the TIF agreement or what. Bailey/ Well, I suppose if that's our interest, that that's the direction we should consider going, sending this to the Economic Development Committee and then to, uh, look at the TIF agreement and then bring in a recommendation to Council, would seem to be the step, and... Correia/ I would say, I know the pylons you're talking about, and I don't know if I've noticed them from Highway 6, but I think I noticed them when I'm going into the building and I'm like, oh, wow, there's these really big pylons. What's that about kind of a thing (laughter) and um, and I mean, I do agree. I think with the This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 23 national...a national chain with a brand that those types of things tend to be noticed, um, especially because of the scope of it, um, so I guess I don't know what year was that original TIF agreement entered into? Bailey/ 2000 and... Howard/ 2003. Correia/ 2003...'cause that's before...I mean, it's not a terribly long time ago, um, but I think that the business, those main businesses that are in that strip portion have changed, um, so I mean it would make sense to review the original TIF agreement to... Wright/ Yeah, it might be time to update the design standard of that. Correia/ Yeah, update the design standard, to make it as successful as... Ream/ And again, I mean that's...and that's exactly why we're...that's the whole point - is that, I mean, we don't have, we as a staff Design Review Committee do not have that authority to do that. Correia/ You're working under the current policies. Ream/ Right. Dilkes/ Does the code require, um, a recommendation by the Design Committee to Council, and Council approval? Ream/ Right. Dilkes/ Not design, uh, not the staff approval? Ream/ In this case it's just a recommendation from Design Review Committee. Dilkes/ So, it seems to me there's another option here, and that is...because, for Council to conclude, notwithstanding the recommendation of Design Review, that the design criteria of the TIF agreement had been satisfied. Ream/ Our only concern is as the Design Review Committee then is that the next building that comes along and the next change, our ability to be able to have something to review it against. We like to have something, you know, some guidelines to review new development plans and if...if the whole idea is to change the scheme here from this, uh, glass and metal, bright red and gray building to a more earth tone with efface, um, design scheme for the whole building, it'd be nice to have that in place so that, you know, in the next This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 24 redevelopment in this...in this shopping center we have...we have that ability to not bring forward another denial to you for the same reason. Champion/ When does this TIF end? Do you know? Bailey/ You'll have to come up here, Wendy. Use the mic. Ford/ This is, uh, a seven-year TIF and there have been two rebates of the seven so far. Wilburn/ Process wise...it would, along the lines of what you were just saying, before the Council in terms of decisions when the next thing comes forward would be to have a process review of the...of the TIF design review, so that it's not an arbitrary, um, so the Council is not faced with one, uh, for one business, uh, will grant an exception for another we won't. If there's more of a.. . Dilkes/ I'm not suggesting that Council arbitrarily...approve it for this business and not the next. What I'm saying is along the lines of Amy's questions, these criteria here, I mean, people of reasonable minds may differ about whether that criteria is satisfied or not, so I just want the Council to be clear that if the Council disagreed with the conclusion of the staff review committee, then you're free to approve it, if you believe this criteria is satisfied. Wilburn/ I guess what I'm...I wasn't suggesting that you were saying that. I'm...what I'm thinking more along the lines was, it would make sense to me to have like Economic Development Committee review it, looking at...and if it's the Economic Development Committee's sense, the Council has the power, the authority, to make that decision or exemption, it would be, uh, helpful to have that committee wrestle with it, make their recommendation to full Council, and then the Council takes the vote. That's just forme that's what would.. . Dilkes/ I think that's a fine process. I just want everybody to be aware that it could go a different way. Correial So, could we have a parallel process, I mean, given that Slumberland has been in this location for a while...now, um, and we have a plan, could we approve this, I mean, looking at, you know, the criteria...just on this, I mean, it...could we do, could we approve this, as well as say Economic Development Committee can you update the design of this TIF property to be ongoing, to be compatible with this major chain of a... Dilkes/ The amendment of the TIF agreement takes two parties to amend a TIF agreement. So, I don't think...I think you're going to have to have, if the Council chooses to go with that option to grant the approval, you're going to have to understand exactly what each of these criteria mean, why Design Review didn't think it was met, why you think it is met, and...and...and accept that conclusion, This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 25 and if the developer thinks that...and down the road this meets this criteria, then they may not have the incentive to change the TIF agreement. Wright/ The other thing I think we ought to remember too, we just finished a whole drawn out process with Wal-Mart and a lot of that dealt with the aesthetics of their building and the facades, and there's no reason we have to accept that specific facade, is there? As Slumberland, well... Bailey/ Well, no, that's what we're... Wright/ ...what else have you done? Bailey/ Right. Wright/ What other...what other types of facades do you have? I'm sure their buildings aren't all completely monolithic. Howard/ Um, actually we've had discussions with Slumberland. We've had many meetings with both the developer, we've really tried to work this out before it got to this point, um, our last meeting with Slumberland really gave us the impression that Slumberland had nothing else to offer us. Hayek/ When you say that, is it your impression that the applicant is, um, willing to take its chances with Council reaching a different interpretation of the...of this, these specific, um, design standards? Is that... Howard/ I don't know. I...I guess I can't speak to that. Ream/ I'm not sure what...can you say your question again, Matt? Hayek/ Well, I mean, is...is Southgate, and we can hear from the applicant at some point, whether it's tonight or tomorrow, but, um, I mean, do they reach a different conclusion. Do they say that the design standards imbedded in the TIF agreement applied to this proposal, um, are met, versus the interpretation coming from the City that they are not? Ream/ Yeah, the way we came to our determination was that the wording that you see in front of you, plus the site plan and the building elevations that were originally submitted, and...and those two pieces together, I mean, we have very specific things that were mentioned in this elevation about using the bright red and the metal panels, and so that's kind of where we had our...our problem, but, uh, we had a discussion with Southgate and with Slumberland, and we told them very clearly maybe this is a path. We don't think this is a bad path to take, if you want to amend your design of your development, we don't feel like we have the authority to do that, but we can bring this forward, say that there's some good elements to this, uh, we don't disagree with you that there's some good elements This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 26 to this, uh, but this is a path forward then that you can take, um, without us having to...to, uh, go beyond what we thought was our authority to make a change to the TIF. O'Donnell/ Is this a natural...a national color also for Slumberland, as well as the logo, the sign? Ream/ You'd have to ask Slumberland. What we've seen is a more earth tone, peachy sort of, and burgundy reddish color, versus a bright red, kind of what we have out there now. O'Donnell/ So our steps to turn this to our Economic Development Committee, is that what I'm hearing? Bailey/ Well, okay, so we have a resolution here that if we vote "yes"...if you vote "yes" tomorrow night you're denying this exterior design, but um, there could be a recommendation that this goes to the Economic Development Committee to wrestle with the changes. I just also wanted to clarify the language of this resolution so you know when you vote "yes" what you're...hopefully voting to deny it. Um...(several talking) Correia/ I thought the Economic Development Committee wouldn't be clarifying the resolution. I thought that would be if we were interested in renegotiating the TIF. Bailey/ Yes. Correia/ That's different than clarifying the resolution? Dilkes/ You could defer the resolution. Bailey/ We could defer the resolution. That's always an option, um, or we could monkey with it on the floor, which is always messy. (laughter) That's been my experience. O'Donnell/ Is this time sensitive? Bailey/ I would imagine its relatively time sensitive. Howard/ It is, um, the original application came in, uh, towards the end of August. They are very anxious to get started with it. Um, you know, they're...yes, it is time sensitive. Correia/ So we could also determine that we think it meets the first page that you handed out, that we think...individuals of us think that... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 27 Howard/ It also has to meet the second page, which are the general design review guidelines, and that's where we get into the issues of it needing to be compatible with the existing development, or the other language in it says it is setting the new standard. One of those two things. Lombardo/ Have you asked that question specifically of the developer, in terms of whether or not this is going to set the new standard or... Howard/ Yes. Lombardo/ And what was the response? Howard/ The response was they were reluctant to say that, because of, um, the expense that might be involved in trying to bring along the whole development. They certainly didn't have any plans at this time to try and do that. But I think they would be open as new tenants came in. I'm, and they did on their final...and one of the reasons this has taken so long is...the initial application, we asked for clarification or changes, it takes them a while to get stuff back to us, and we had two separate submissions where we, there was really no change at all in what they submitted back to us. This time they were starting to bring some of the other colors down on the concrete posts, for the first time, that indicated to me they were willing to look at this than more of an overall change in the whole design standard. Um, but again, the...that's really a question more, uh, applicable to... Lombardo/ And the changes here constitute about how much of the overall site? How much does this encompass (mumbled)? Howard/ The...fifth, maybe a little less than a fifth. Bailey/ Any questions, other questions for Jann or for Karen while they're here? They will not be here tomorrow night. So...okay, are we kind of clear on our, or are we clear on our options? (several responding) Okay, thanks. Um, let's talk about the Sheraton agreement. This is agenda item 10. Sheraton Agreement: ITEM 10. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE LICENSE UPON A PEDESTRIAN ACCESS EASEMENT LOCATED AT 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. (DEFERRED FROM 10/6). Ford: Hi. At your, uh, last Council meeting you were considering an agreement, uh, for the hotel that included a partial vacation of the interior easement to facilitate lobby improvements at the Sheraton. Also included in that agreement This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 28 was acost-shared, uh, project to enhance the exterior walkway between the hotel and Martini's, and finally with those complete, the allowance for the hotel to secure and lock off the, uh, interior easement from 11:00 P.M. to 6:00 A.M. That item was deferred at your last meeting, after a discussion of the possibility of striking a license agreement for the use of, instead of a partial vacation, of the interior hotel easement. So the Economic Development Committee met last Monday with the hotel representatives and discussed the possible terms of license agreements, instead of a partial vacation, for that interior easement. And after the meeting, uh, not at the meeting but after the meeting eventually there was consensus among the Committee Members about the terms of the agreement that I believe you have in front of you now. I think that was distributed...no? Huh, oh, well.. . Dilkes/ That agreement is still being negotiated. There has not been...there has not been an agreement as to terms. We sent the Sheraton a proposed draft on Thursday, and suggested that we would like to hand it out to you tonight, and we heard from their attorney late this afternoon, and as one might expect, we're having some difficulty defining what redevelopment means. Bailey/ Okay. Ford/ Essentially, uh, if we can get through the definition of redevelopment, the terms would be such that the City would have the opportunity to re-occupy that, uh interior easement space in the event of a change of use in the hotel, or redevelopment of the hotel. Um, the other points in the agreement remained as they, uh, were and the Economic Development Committee, at least by phone, unanimously, uh, supported this. Dilkes/ My understand...Sarah Holecek in my office has been talking to the Sheraton's attorney, and my understanding is there is no, um, we've got a change of use definition that's essentially anything other than a hotel. Um, the redevelopment, we, um, it's...I mean, I think it's going to be worked out. It's just a question of how much destruction, uh, over rebuilding, over what period of time, those kinds of things that we're going to have to get in a definition that's acceptable to both staff and, uh, the Sheraton. Bailey/ So you'll let us know tomorrow night if we have the signed agreement, and we'll go from there. Okay. Questions? Correia/ I'm more supportive of the lease agreement, um, I...and I would be, I could live with shrinking the size of the walkway, indoor walkway, um, but I can't support closing it between 11:00 P.M. and 6:00 A.M. Um, I just, I wouldn't want to walk at night, even in a redeveloped, outdoor walkway. I think all of the businesses downtown are impacted by the culture of downtown, at specific times, and I'm not sure why the Sheraton should be exempt from that. I think it is safer for people to walk indoors because there's always somebody there. In fact it creates This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 29 an opportunity for people to find safety at all hours because it is a 24-hour lobby, um, and so if the...the agreement continues...has the closing from 11:00 P.M. to 6:00 A.M. then I won't be supporting it. Bailey/ It does. Hayek/ Amy, um, the...the Economic Development Council had the benefit when we went through this of seeing some concept drawings from the architects, as they related to the outdoor walkway, which right now is fairly dark and hasn't been improved in many years, and those drawings show a greatly improved walkway - better lighting and arguably, uh, a more, a safer environment at the end of that process. Would seeing that impact your view on this issue at all? Correia/ I appreciate that, um, but I...I...unless the walkway were to include security cameras between 11:00 P.M. and 6:00 A.M. that the Sheraton would be monitoring, because they're open during that period of time, to be able to monitor for safety. I mean, we had a Violence Against Women Task Force that specifically was talking about safety in all parts of our city at night. I think the...what the problems that occur downtown are impact...I mean, it's the impact of the downtown of the downtown culture late at night that many businesses complain about what they have to go through, what they have to clean out of their walkway, what they have to do to create safe environments in their business way, um, and so I...the Sheraton, you know, we have allowed use of public right-of- way for many years, to the benefit of the city absolutely. I think what they're wanting to do is absolutely wonderful for downtown, um, but you know, and I talked to people, you know, people in business, why don't your business visitors stay at the Sheraton. I don't hear because it's so noisy in the lobby. I hear that it's, you know, deferred maintenance, the rooms aren't as nice as rooms in newer hotels, and so I think that the renovations that are being proposed of the inside and the outside, and expanding their lobby are going to give us the benefit that we want, um, and so I don't believe sacrificing safety of the public downtown late at night when, um, unfortunate things may happen. I...I would not want to participate in that (coughing, unable to hear). Bailey/ Any other... Wright/ Is there any, uh, can't think of the word I want...but any...not even negotiation, but are there going to be any security cameras outdoors that'll be monitored? Bailey/ We didn't discuss that. Wright/ That's...that's about the only way I can support... Ford/ Well, we would be partners in the redesign and enhancement of that (noise on mic and several talking). Yeah, equal... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 30 Correia/ I don't want to pay for it! Wright/ I don't think we should pay for it. Correia/ Or monitor it, I mean, if...so that would be, and so I'm not sure that, you know, I'm not sure. Bailey/ Okay. O'Donnell/ You know, I really think that walking down College Street would present more of a challenge at night than walking through this little short hallway. I really...I think it's darker. Bailey/ Well, we can discuss, I mean, we can go back and forth on this...we'll have the...if we have something signed, we'll have it in front, but I just want to be clear that that timeframe is still in the agreement. I mean, that was important to the Sheraton and the Economic Development Committee saw the importance of that, given that that's not uncommon from many hotels. I stayed in Decorah and they locked their doors at 11:00 for their hotel downtown, for safety reasons, in Decorah. Champion/ Well, I think, hopefully, the Sheraton will have a picture or a PowerPoint that people...good...that can show you this new walkway, because it is very inviting and it did sway my opinion also. So, uh, hopefully we'll all see that tomorrow night and see that it is going to be greatly enhanced. The security cameras could be part of the design of the, um, of the new walkway, uh, but I think the PowerPoint will relieve a lot of the anxiety. Bailey/ But at this point, I think we don't know that the security cameras...so if that's a deal breaker for you, I mean, that wasn't... Dilkes/ The plans and specs have to be approved by the City Council, so... Bailey/ ...another opportunity. Okay. (noise on mic) Hayek/ Amy and Mike, you're the ones, and maybe others too, but thus far it seems like you folks are the two....are anticipating not supporting this. Is it limited to this safety issue, or the hours issue? Or are there other...other grounds on which you don't think you could support this? Wright/ I think the biggest stumbling block for me is the safety issue, and I just...I don't see how you can make the walkway as safe as walking down a street, or walking through that passageway. Champion/ Well, according to the (can't hear) stuff in the passageway, I'm not so sure it's safe to walk through either. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 31 Correia/ Well, and certainly businesses also employ security personnel during, you know, times when they need security personnel. I mean that's another option that the Sheraton would have on those nights when there's a lot of problems in the lobby, they could hire security to monitor that. Probably cheaper than enhancing a walkway (laughter) over time if it's just... Wilburn/ Even if security personnel were not hired, or are not hired now, if there is some type of altercation going on, um, and there's a business and people can see it, it's more likely that someone is going to pick up the phone and call the police and say, hey, there's something going on out here, because they're witnessing it, and it is going to disrupt their business, as opposed to the walkway where, you know, there is less likely to be a presence there to do something. So...just a comment. Bailey/ All right. Wright/ I'm fine with reducing the width of the walkway to 12-feet. I think that will do a lot of reduce the tendency people have to congregate in there, but.. . Bailey/ Any other questions for Wendy. Wendy, will you be here tomorrow night? Ford/ Uh-huh. Bailey/ Okay, so if you have other questions, Wendy will be here tomorrow night, and representatives from the Sheraton will be here tomorrow night and probably show some indication of what that walkway concept might look like, and um, can talk a little bit more about this tomorrow. Okay. All right. Thanks, Wendy. Agenda Items: ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED, "SMOKEFREE PLACES," TO CORRECT THE DIAGRAM THAT ILLUSTRATES WHERE SMOHING IS PROHIBITED IN CITY PLAZA. (SECOND CONSIDERATION) Bailey/ Uh, keep moving. Council appointments, we have none. So...um (several commenting) and then Agenda Items. I just wanted to note on agenda Item 8 that staff has recommended expedited action on that particular one. That's the, um, amended, uh, smoke-free places downtown, so if somebody could make a note of that. Any questions about agenda items? It's a pretty short agenda, but...we've covered quite a few of `em. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 32 ITEM 14. CONSIDER A RESOLUTION APPROVING A PURCHASE AGREEMENT FOR APPROXIMATELY 173 ACRES OF LAND LOCATED AT 4748 420TH STREET SOUTHEAST, IOWA CITY, JOHNSON COUNTY, IOWA. Correia/ I just had a quick question about, I know this was just...Item 14, approving the purchase of the land for...industrial use. In the short description, or maybe in the...(several talking)...um, it talks about resale of the land, um, has there been discussions about other avenues for, you know in terms of land lease, city being a more active partner in industrial development (mumbled) Lombardo/ We did discuss it as part of meeting and all generally felt that, um, being in the...in property management arena is not something as a municipal organization we wanted to recommend. Um, we're not staffed to do that to a great extent beyond housing and some other things we do now, um, our general recommendation is that we flip this and get it back on the tax rolls. Um, and use that to leverage other projects in the future perhaps, but not to... Bailey/ And this is just the purchase of it. So... Wright/ Gives us control over the development. Bailey/ So we can (mumbled) the development, and...(mumbled). Okay, other agenda items? Wilburn/ Back to the modification of the smoking item, um, just want to...yeah. For information for the Council, part of the concept behind the...the original ban was to, uh, there was a question about enforcement and there was, uh, examples of, uh, an empowered public, if the ban were in place, uh, the public stepping forward to say something, and I witnessed at Mercer, uh, ball diamonds two separate incidents of someone smoking near a dugout, and the public reminding them that there was no smoking. And those folks complied. Bailey/ Okay. Other agenda items? ITEM 13. CONSIDER A RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE WORK OF THE REPAIR PROJECT FOR THE IOWA RIVER SANITARY SEWER CROSSING AT IOWA AVENUE. Hayek/ Uh, regarding 13, the resolution to, uh, take care of the repair work needed at the sanitary sewer crossing. Bailey/ I think we had a handout tonight, too, regarding that. Hayek/ Uh...I didn't see that... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 33 Bailey/ I think it was just an engineer's memo, right? Certificate of Necessity. Hayek/ Yeah, let me look at that. Lombardo/ Did you have a specific question, Matt? Hayek/ Well, my question is this - I mean, do we have...is there a rough cost estimate? Is there a protocol we follow in terms of notifying potential bidders, for lack of a better word? Just more out of curiosity than anything else. Lombardo/ Rough costs...it's been several weeks since I discussed this with staff, are in the million dollar plus range, um, reimbursable through FEMA, uh, at 90% as a public, um, assistance project. Um, in terms of the notification, I'd have to ask staff and I can be prepared to provide that information tomorrow night, in terms of the notification for bids and all, um, and an expedited process - I don't know what has been used here. Perhaps, um... Bailey/ What is the legal requirement for expedited process? Dilkes/ Well, what...what you're doing tomorrow, because you've got the certificate that it is an emergency from someone outside the City, you have the authority to bypass the public bidding requirements, completely. Bailey/ Okay. Dilkes/ So, no, uh, no public hearing in front of Council on the plans and specs. No City Council approval. Um, I have not talked to Ron Knoche specifically as to what his plans are for, um, getting bids on an expedited process. We have several ways in place that we could do that. For instance, we get, um, competitive quotations on some of our lower projects. Our purchasing department is often soliciting bids, so there's a number of ways that they can do that. Hayek/ I just want to make sure that if we're going to bypass this statutory requirement that we've...that we're going forward with as reasonable, uh, competitive bidding approach as we can, given the circumstances, which I'm sure we're going to do, but.. . Lombardo/ I'll investigate and provide more information for you tomorrow. Bailey/ This is really new to us. Lombardo/ Right. Bailey/ And so...that probably would be helpful for all of us. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 34 Hayek/ Great. Thanks. That's all I have. Info Packet Discussion (October 9 and 16): Bailey/ Okay. Any other agenda items? Okay. I'm moving along. Info Packet discussion, items from info packets, um, from the October 9th or...and 16th...any items you want to bring forward, beyond those that we're going to discuss later? Okay, hearing...okay, go ahead, Amy. Correia/ Sorry. Bailey/ That's okay! I know. Correia/ So...the, uh, memorandum, IP7 from October 16, the single-stream and multi- family housing (mumbled) um, have we can we get information on, there are other cities in Iowa that do the multi-family recycling (mumbled). Dubuque does it, um, I mean, I understand wanting to move towards increasing single-family housing recycling. I just know we've had requests from folks that live in multi- family housing, you know, it's a pretty significant housing stock in our city that want multi-family housing recycling. Bailey/ This has come up before. Are there...are there four people who would be interested in getting Jen here to have a discussion about multi-family recycling? We've...we've talked about this before and...and... Champion/ Many times. Wright/ And we've had letters... Correia/ I guess I'd like to have her come back with (several talking) specific examples of cities in Iowa that do it and what it costs and what the results are...for their landfill or whatever, however they benchmark the success rate of it. Bailey/ Okay, so do we have four who would be interested in having a further discussion of this (several responding). Hayek/ In fact I think her memo said something like an astounding 40% of our population lives in multi-family. (several talking) Champion/ If we could just recycle pizza boxes (laughter). Bailey/ I know! Lombardo/ And...and let me just, just wanted to make sure that staff are prepared. The desire is to perhaps move forward with something. You just want additional information. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 35 Bailey/ We want a...I, I'm going to go out on a limb. We want examples, but this group has been interested in implementing multi-family recycling in Iowa City for I can safety say at least five years, since I got on Council. Lombardo/ You want a strategy for... for actually getting you there. Bailey/ Yes. (several responding) Lombardo/ We can do that. Bailey/ Is that an accurate assessment? I mean, obviously we're going to look at cost. Obviously we're going to weigh this very carefully, but it seems to me we've been talking about this for five years. Correia/ So, and I guess from, I mean, it seems like what I...one of the messages that I got from her memo was that, you know, we could go into single-stream right now and concentrate on single-family, or multi, not necessarily both at the same time because of the amount of work it would take to do both at the same time. Bailey/ Right. Correia/ And so I'm interested if we then needed to chose, I would say I'm interested in the multi, you know, in getting the multi-family sector on board, and then... Lombardo/ Say that again. Bailey/ What else, I mean, what other clarifications would be helpful? Lombardo/ No, I understand what you're interested in and we'll...we'll work to develop that. On the multi-family housing, um, I'll talk to them about what additional work would have to be done to come forward with a proposal. Bailey/ And it seems to suggest in this memo that single-stream lays the groundwork for multi-family, and so if so, what then is the timeline, and when do we...I mean, if...if that's the professional recommendation, which I wouldn't know, so that seems to make sense, then what is our timeline looking like and how...how quickly can we get there. Lombardo/ Yeah. We can...we can work that out and, uh, bring that before you. Bailey/ Any other questions that staff should have, get them to Michael so he can...so they're adequately prepared for a good discussion. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 36 Champion/ I just have a quick question about this. If multi-family is picked up by private haulers, which it is, can we insist that private haulers also provide a recycling bin? Or dumpster, whatever you want to call it. Lombardo/ What I'd rather do, I mean, we could speculate, um, but identify based on our current ordinances what we can do, uh, what would have to change, come forward with options for moving forward, and then have a discussion around those options, and you can pick and chose what seems attractive. Bailey/ Okay. Great. All right, other info packet, um, items? Okay, any comments or follow up, um, from the memorandum on affordable housing market analysis? I thought it adequately summarized our discussion. Okay. Let's take aten-minute break before we go into the alcohol discussion, and um, prepare yourselves. (laughter) Underage and Over Consumption of Alcohol -Review of Strategies: Bailey/ Okay, underage and over consumption of alcohol, a review of strategies. Eleanor provided us a memo. Before we get started I just want to remind all of us that at our Council retreat we did talk about getting off the gerbil wheel of discussion about this particular issue. So, I look forward to actually, this discussion taking a different direction than we've taken before. And you can help us do that, Eleanor. Dilkes/ Okay. We have the memo, um, and I posed the questions at the end, uh, and we can skip to those questions or I can kind of just run through each strategy, just so (mumbled) ask any questions you might have about each one. Which would you prefer? Wilburn/ I think for the purposes of the audience that we have here, uh, regardless of...I believe some may and some may have not read the memo, that it would be helpful just for a quick run through, for historical purposes. Bailey/ I agree. Dilkes/ All right, um, and just to refresh your memory, um, what I did was in the year 2000, um, the Council spent a lot of time looking at the problems with underage and over consumption of alcohol. LTh, there were...they received input from a number of sources, including the public, um, students, um, bar owners, and we developed a list of those proposals, and I just did a quick, in 2000, did a quick yes I think you can do this; no we need to do some more research; no you can't do this; etc., and I've given you that memo and so what I did with this memo is just, um, start with that memo back in 2000 and tell you what's happened with each of those proposals since that time, to try and get us to the present. Um, as well as give you some additional things that have been done at the city, anyway. So the under-21 restriction, as most people know, um, that was debated pretty heavily prior to 2003 when the City Council adopted a "under 19" ordinance, prohibiting This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 37 persons under the age of 19 from being on the premises of a licensed establishment whose primary business is alcohol, um, after 10:00 P.M. Um, and there's a provision in that ordinance which allows a business with a liquor license to establish that more than 50% of its gross sales are from something other than alcohol and then they can get an exception to that ordinance. Um, as you know, there was a citizen initiative in 2007, um, which would have changed that ordinance to make it under 21, instead of under 19, um, it failed at the ballot. There cannot be another substantially similar initiative for two years, although Council does have the authority to pass an under-21 ordinance, um, which would then be subject to citizen referendum. Um, so that's...in a nutshell the under-21, um, discussion since 2000. The second proposal was a limitation on drink specials, um, happy hour, that kind of thing. Council did in 2001 pass an ordinance prohibiting certain drink specials -two-for-ones, um, all you can drink, uh, for a certain price, or for free - um, there was at that time we included a provision that would have prohibited price specials, um, selling below that which you normally or customarily charge, and Council chose...there was some objection to that and Council chose not to include that in the ordinance. Um, we did, uh, amend that...that ordinance to eliminate the, um, the exception for private events, and I...I gave you that example more...it's not so much the private events that is a big deal. It's just it's an example of how those types of ordinances are just fraught with enforcement difficulties. Because what we have found is that...you know, my office has spent a lot of time opining on whether a particular drink special would, um, be prohibited or not, and I cannot tell you how many drinks there are out there. I mean, there are little shot glasses sitting on top of each other, there is a big glass with a shot glass being poured, I mean, it's like...you can't imagine how many drinks are out there. So those kind of ordinances.. . Champion/ That's what you pay the big bucks for! (laughter) Dilkes/ More than I would imagine! So, um, I just gave you that example, and there's some others, um, I think I told you in here that that ordinance also contains a provision for what we call out of sight sales, um, which prohibits someone form going up to the bar and buying ten beers and then taking them to the table and distributing them to perhaps underage people. We originally wrote that ordinance to say, um, you can only give two servings to each person, and um, the definition of servings was problematic from an enforcement perspective, and so we went to containers, which has made that easier. Um, there has been some talk, uh, recently about this whole, um, I think Leah Cohen talked to you about the big containers. Um, currently we have...one of our specials' restrictions prohibits, um, increasing the volume of a drink, or increasing the proportion of alcohol in a drink without increasing the price of that drink. Um, it does not, our current ordinance does not prohibit a certain size of drink; um, it could, if you wanted it to. Um, but I think the idea in the current ordinance is, if I've got this much Coke, um, and I put this much alcohol in it, um, I shouldn't be able to put this much alcohol in it without increasing the price proportionately. So...um, number This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 38 three was imposition of administrative penalties for sales to underage persons. Um, I kind of give you a summary of that there, but what that involves is, um, the police department and they can give you more information about this if you need it, but they, um, do compliance checks where they take, uh, a person who is in actuality under age, um, and see if they can purchase alcohol. Um, if they are sold alcohol, um, the bartender or whoever is serving them that alcohol is charged with criminal offense, and that proceeds through the criminal court system here, but in addition to that, there are administrative penalties that are levied against the license of the establishment where the criminal offense occurred. Um, we start...when we started that whole process, we would wait until there was a conviction, um, of the employee before forwarding it to the, uh, ADD for administrative sanctions, and what we found is that we were spending a lot of time at the criminal trial, um, I mean, there was incentive on the part of the establishments to avoid the conviction, and therefore, avoid the civil penalty. That didn't make a lot of sense, because the issues at the criminal trial, such as identity, whether it's this employee or that employee, makes a big difference for the person being convicted of the crime. Doesn't make any difference at all for whether there's an administrative sanction that should be imposed. So, we quit waiting for the conviction and we started forwarding those immediately, and I think that, um, our general impression is that that, and I know the last time we visited this at the police department, is that the, um, they have seen more compliance over time, as they do their compliance checks. Uh... four, increased enforcement of capacity restrictions. Um, Andy Rocca's here, the Fire Chief, and he can give you more information if you need it, and there's a memo, um, in your packet from him, but the City did add, uh, captain inspector position, which was filled in 2005, in order to target occupancy, um, classifications particularly those with, um, A2 occupancies with liquor licenses, um, so the City has pursued that. Uh, proposal five, subdivide Iowa City into separate liquor districts. Um, this is the old zoning question. We need to make it really clear that we do not have the authority to say we're only going to issue ten...we're only going to issue 100 liquor licenses this year, and cap it at a hundred. We don't have the authority to do that -State law says so. What you could do, and I think Bob Miklo's memo which I included in here explains it fairly well, um, you could set up certain zoning classifications, um, and make a determination that having too many, um, businesses whose primary business is the selling of alcohol, in close proximity to each other, has bad secondary effects, and it is not something that you want to promote, and so you would have certain zoning, uh, laws about that. You can do that. As Bob Miklo's memo demonstrates, there's a lot of tough questions you're going to have to answer, if you want to pursue that. The City Council looked at that issue back in...2003, I guess, and decided not to pursue it, and I think...I think, Connie, it was you who said that...that just seemed~awful complicated and maybe we should try 21 again, which got us off on our...on our 21 thing. So...but it's certainly available. Hayek/ The shot heard around the world. Pardon the pun! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 39 Dilkes/ Um, but certainly an available option that you could, um, review. I know there have been some complaints recently that you've had about, um, liquor... a retail establishment that sells liquor opening downtown, a different class of liquor license, and that issue could certainly be, um, addressed as part of the zoning discussion. Bailey/ Are all liquor licenses equal? So a Class C, a Class E...we could zone it and we could say X number of liquor licenses, and... Dilkes/ No, I think you wouldn't really...you'd focus on the particular use that you were concerned about. Bailey/ Okay. Dilkes/ And I think a retail use is...is different than an on-premises consumption use. All those details would have to be worked out. Wright/ But we could do each of those as a proximity type of zoning arrangement. Dilkes/ Yes. You could...you see that often with, um, and I think Bob Miklo's memo talked about other cities that have those kind of schemes. You see that often with adult establishment regulation where they can't be within 500 feet of each other and so many in a certain area, that kind of thing. It's the same...it's the same basic idea. You do have to remember grandfathering with the zoning, um, you're not going to...if a business, if a particular use has been established downtown as of the time you pass the ordinance, you're not going to be able to impact that establishment. Wright/ Just out of curiosity, if they were to, if a business were to lose their license through a revocation.. . Bailey/ Then it loses its grandfather status. Wright/ It loses its grandfather status, correct? Dilkes/ Well...perhaps. We'd have...you don't really look at...it's not the license that's determinative. It's what the use has been, and so you wouldn't necessarily...yeah, Imean, if the use has been established and there is a sale of that business, and I'd have to go back and look at the rules about revocation and how that license, whether all those issues, so I don't...we'd have to look at it. Wright/ Maybe. Dilkes/ Maybe, yeah, but...but if there was, if it was...if the liquor laws would allow you to, someone to be revoked and then sell that business to a different entity, and continue that use, that would continue to be grandfathered. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 40 Champion/ I thought if the license was revoked, that...that place, that address could never serve alcohol again. No? Okay. (several talking) Dilkes/ I'd have to check that provision. There's a particular...there's a period of time and there's a number of regulations that address that, but I'd have to go back and look at those...again. But it's not like...no. O'Donnell/ I think it's a year. Dilkes/ I think you're...you might be right. Okay, um, six is TlI'S certification and training and, um, the Police Department has been doing that since 1992. Um, I talked to Al Mebus at the Police Department who...who is most familiar with this, and um, he tells me that 15 establishments participate regularly in that, 20 to 28 per year, but 15 are regular participants. Um, he provides the classes eight to ten times per year, and the TIPS certification lasts for three years. Bailey/ Can we require that as part of the licensing? Dilkes/ There's a provision in the State code that allows you to require as part of local licensing a security personnel, and require them to have certain training, so yes, I think so. O'Donnell/ Eleanor, what...what advantages are for taking the TIPS? What...what advantage is there for this certification? Dilkes/ Well, I think the advantage to the, um, to the owners of the establishment is their people get trained in how to not sell to underage people, to people who are intoxicated and those...that has a number of benefits for the establishment. One is if someone, if a bartender's convicted of selling to an underage person, they're subject to civil penalties. Um, there was a real (mumbled) that offered back in 2003 by the State, but that has not been in effect for some time, and that was the situation where if, um, if the person charged with the criminal offense had been TIPS certified, then it would not, the penalty would...the establishment would have one get out of jail card free kind of is what we called it. O'DonnelU But that's not in effect? Dilkes/ That's not in effect anymore. Wilburn/ Lynn Walding, the Alcohol Beverage Division staffer, that was something that he had worked out, uh, at the time. So... Dilkes/ But that's not in effect anymore. Oh, one thing I should say about the administrative penalties. The Council made a decision, um, back when we started to do those that, while the City Council could issue those administrative penalties, This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 41 the Council thought it would be better off done by the ABD, both because the ABD is...is only interested in alcohol and wouldn't be subject to the political pressures that the Council might be, um, and there's an appeal to the ABD anyway after the City Council acts on it. So, um, and I think that procedure has worked pretty well. Uh, minimum price formula for alcohol sales. I think I touched on that. Um, I think it would be problematic, um, legally and practically for us to be setting prices, but I think there are things you can do to prohibit price specials. Wristbands, um, that hasn't been pursued by the City Council, um, it's...I can't remember a lot about what that...what that proposal was. Um, it was...well, suffice to say, we haven't...the City Council has not implemented any, um, uniform legal requirement for wristbands, and I think that was the idea. Um, uh... advertisement of drink specials. Um, the City Council has not pursued that, um, and I don't think that even got so far as my office doing a whole lot of research on the whole issue, I mean, it's the whole First Amendment issue there. Um, one thing that occurs to me is that one of the ways we know, I mean, people ...that establishments are doing specials is because they advertise. So, um, I think you'd have to consider that too if you wanted to pursue that. Um, keg registration, that's been pre-empted, um, by the State law that requires, um, keg identification and registration with the retailer. Um, limiting out of sight sales, that's the only two servings now, containers, per person. Um, there was a proposal to establish a coalition committee of interested parties, and I've given you just a short list of all the different working groups that have been set up to address the issue, and Marian could give you all of them if you wanted. Um, 13, that proposal about physical segregation within liquor establishments of areas where drinks are allowed or not allowed. Um, that has, and I think I said, it would mostly be kind of a component of an under-21, um, provision, and that has been discussed on a number of occasions, um, in connection with the under-21 discussion. Um, hiring of off-duty police officers in uniform by bar owners. Legally I don't think there's anything prohibiting you from doing that, but there'd be a number of policy and liability issues that the City would...uh, Manager and Police Chief would have to consider. Um, scanning machines to identify fake LD.'s. The City Council has not pursued that as a uniform requirement. Um, okay, so those are the ones that, those were the proposals made in 2000. Uh, in addition to those, in June of 2006 the Council, the State code requires that, um, or says you can give a license to someone who meets all your laws and ordinances, etc., and is of "good moral character." Um, and the State code sets a couple standards about felony convictions and that kind of thing. Um, we, the City Council adopted guidelines, uh, for the Police Chief to use in making that assessment, and um, those guidelines have been attached. Um, those guidelines could be changed, um, think when...when, um, Marian and I and Sam went about developing that...those criteria, um, we looked at a lot of different things, whether I thought they were, um, legally supportable, whether practically they made sense, etc., etc., but that's certainly an area that you could look at again. Um, one area for instance that I just note down here is you could tighten the criteria for renewal, based on number of PAULA's, um.. . This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 42 Wilburn/ Doesn't the...definition that you all worked out include some statement about consideration of... Dilkes/ It does... Wilburn/ ...so are you just suggesting... Dilkes/ ...yeah, and I don't think PAULA is ever going to, I mean, I think you want to look at those criteria as you look at them all, and see how a bar is doing, but that is one of the criteria is the PAULA rate, how many PAULA's per visit over time, and um, it used to be that the ABD was telling us that they would not support, um, just number of PAULA's as a criteria. I think that has changed. How that would end up at the ABD and in the courts, I don't know. Um, but I would be comfortable with the Council (mumbled) that issue. Uh, possession of alcohol under legal age. There's been some changes there. Um, we now try and look at the PAULA's that are issued in the field and amend them to second or subsequent offenses, if the records show that the person has been convicted before. As you all know, um, the fine was increased in 2005 from $100 to $200, which I think with, um, surcharge and court costs is now like around $360 or something like that. Um, the Student Government back in 2007 made a lengthy proposal about, uh, deferring prosecutions of PAULA's, which, um, I gave you a memo about, and uh, the Council chose not to pursue that. Um, given the, um, the arguable benefit and the staff resources that would be involved. And then there was the after-hours club, where the Council recently passed an ordinance, um, prohibiting after-hours clubs, bring your own liquor after the bar closes. So that's it for the, what the Council has done. I know... Bailey/ Questions regarding what she presented? I think most asked questions along the way, but if there are other questions about that. Correia/ So I have a question. I'm also looking at the memo that's in our packet, S.E.6 from MECCA. Um, that lists best practices in alcohol policy (several commenting) um, so I have a question about, um, number seven in your memo, Eleanor, was the price proposal, or price formula, or whatever. So you said that we could prohibit establishments from doing price specials. I mean, that seems to be one of the best practices in alcohol policy is to increase the price by restricting price promotions. So, that's something that we could do. We could say no... Bailey/ No two-for-ones. Correia/ No... Dilkes/ We already say no two-for-ones. (several commenting) The problem with, and we've talked about this with Councils in the past, is if you prohibit two-for-ones, I don't think it gets you very far, when instead of giving two beers for the price of one, you reduce the price of each beer by half, or you reduce the price...you This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 43 charge each person five cents for a beer. I really think, and...and the Council discussed this when they originally passed that ordinance, without some provision about price specials, I'm not sure the whole thing is...is, other than symbolically, has a lot of value. Champion/ What about, Eleanor, um, I've talked to several people about not allowing you to sell alcohol below cost. `Cause... Dilkes/ That would be along these same lines, and I think that's something we could look at. Bailey/ I want to... Dilkes/ There's a lot of definition and enforcement issues in that whole thing, like...what is their cost, what is their customary price, you know, I know there have been some other states that have, they have to post prices each...each month, I mean, you know, there are a lot of issues about enforcement there. But, I think you could do it. Wilburn/ ...and, uh, you probably remember this, uh, Connie and Mike, back then, um, there was a concern, um, by a majority of Council about getting into price controls. Champion/ Oh, right! Wilburn/ That's just background information. Champion/ Right, no I remember that. Wilburn/ Not saying that was my position, but that's what.. . Champion/ No, I...I agree. There was, I mean, we don't want to be in the business of setting prices for people, um, but I do think not selling alcohol below cost, I mean, that's...that really is cheap. It's really cheap, and you're actually paying your customers to drink alcohol at your establishment, because they make their money on cover charges or other things. So, the price of alcohol is not really important to a lot of bars. Bailey/ I want to try something here, instead of picking through these. I mean,. I think that we're all in agreement that we want to change something. I want to understand a little bit, or maybe we can get some consensus, and we don't have to have a long discussion about what is our fundamental objective here? I think that many of us are coming at this in different ways, but there is an agreement that we want to change things. So if people could, I mean, what are we trying, what is our objective here, and I think that that would effect what kinds of policies or what...what we need to look at to meet those objectives. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 44 Wilburn/ Um, before folks comment on that, um, I just wanted to add the comment as we get into this discussion here, I think the importance of having Eleanor walk through, um, what she just did with the Council in terms of the historic perspective since 2000, is that it is inaccurate to say that Council has done nothing related to this, uh, issue. The...the difficulty has been coming up with a majority consensus in terms, in my opinion, of um, the role that the City would play, and what difficulties in philosophy about what is appropriate for the City to do, and not to do. Bailey/ And that's what I...I'd like to get to, to a certain degree here. What's our objective with, I mean, we want to create some change, but what are we trying to accomplish here? And I know some of you have strong feelings about this, so jump right in. Wright/ I see about two or three prongs to this. One is, there's a problem with underage and binge drinking in the community. Most of it is focused in the downtown area. I think that's one thing I'd like to see us work on. But related to that is the bad effects...the atmosphere and the culture of the downtown. It effects multiple ways, both, uh, noise, uh, hooligans somebody called them a little while ago (laughter) um, but it also...it also effects them in terms of the mix of establishments that we have downtown. Quite an increase in the number of bars, some of them are very large. And it's tilted the balance especially in the evening downtown. So that's...three, basically three elements of one overarching concern, which is the problem of underage and abuse of alcohol downtown. Bailey/ Okay. Champion/ Well, I think you hit it...it's the abuse of alcohol downtown, and it isn't just minors. (several commenting) It certainly isn't just minors that are abusing alcohol downtown. In fact on a football Saturday obviously it's two to one of people who aren't minors. Um, up to my age. Um, what I'm interested in doing, I'm trying...I want some of the abuse of alcohol curtailed, when it's...when it's the product of irresponsible bar ownership. I know not everybody drinks their alcohol downtown or a lot of people drink it at home and then go downtown, but I do think we have, in the past couple years, irresponsible bar ownership. I mean they made promises to us that they were going to have monitors in their bar. They were going to do this, they were going to do that. That's not happening. So I think they reneged, and they did really well for a while. They really did well, and then because there wasn't any way to enforce that, it kind of fell apart. I...I'm concerned about the abuse of alcohol of all ages, in bars downtown, when people who are obviously intoxicated to me and I'm not a police man and I don't have any TIPS training, are still buying alcohol. I mean, when you can't walk, and I...I think we're going to have some tragedy downtown. There were two kids sitting on the curb, that's when I got all hell bent out of this and brought it up again. They were sitting on the curb. They could barely move. There was a big This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 45 white truck parked and that guy came out of the bar, walked around the front of his truck, did not see these kids sitting on the curb, couldn't possibly see them, got in his car, started his car and started to back up. I mean, I think we've got some real problems with, um, it wasn't the car owners fault. He could not have possibly seen these kids, where he approached his car. But, um, these kids were obviously totally intoxicated, and eventually stumbled up, I'm not sure how they got up, and went back into the bar. O'Donnell/ Connie, any idea how old they were? Champion/ I didn't ask. I just screamed at them, `cause I tried to saved their lives, and they didn't hear me. I mean, I thought they were going to get run over. So, I mean, uh, these are obviously intoxicated, who went back into the bar. Nobody kept them from going back into the bar or trying to take them home, and I think this is going on and you...I could go on all night, but this is what I'm trying to avoid, uh, I think a lot of bar owners downtown are very responsible. Um, I think some bar owners make it...I don't think it's their policy to serve intoxicated people. I just don't think they enforce their own rules. The other thing I think is happening is the bartenders are almost as intoxicated as the people they're serving. And I think that's another problem. I've said my piece. Bailey/ All right. Correia/ So, did... Bailey/ Go ahead. Correia/ ...I mean, well I was going to go into (mumbled) but.. . Bailey/ Yeah, let's...yeah, I'd like to hear what... Correia/ ...right, if we're talking about, I mean, L ..I agree with everything that's been said, um, in terms of goal. I mean, I'm interested in promoting more healthy recreational culture in our...in our downtown and throughout the city, um, I mean, I...which would include attempting to diversify the types of businesses that are downtown, the population that they cater to in terms of age and recreational or cultural or um, interests. Um.. . O'Donnell/ And we talk about that all the time too. We talk about alternatives downtown, and I've been doing this for almost 11 years, and I've not seen one downtown. Champion/ It's not the bar that's the problem. It's the abuse of alcohol, and um, the movie theaters are now gone. The University bought that space. There's no chance of them coming back. They got rid of their bowling alleys, they've gotten This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 46 rid of a lot of stuff in their Union. I mean, their...where's their responsibility in this, to provide alternatives? Bailey/ We're going to talk about our objectives and then we'll tell them what we think theirs should be, so...first things first! O'Donnell/ The bottom line is the weather's changing, it's fall, it's football season, and we're talking about alcohol once again. Champion/ At football season, that's for sure. O'Donnell/ And...and you know, if you look in the papers, you're right, Connie. It isn't all 19. It's...it's any age, and I don't know that...what the key is to it, or if there is a good solid answer, but um, I... Bailey/ Is there something that you want to see changed though, Mike? I mean, you've talked about this before. O'Donnell/ University stopped writing letters home when, um, when the young folks got in trouble with the law. They stopped writing. I think that was a mistake. Um, you know, the fines I think could be increased. We've increased them for the owner of the establishments, substantially. Bailey/ So go to what Connie was saying and punish the irresponsible bar owners? Is that one of your objectives or... O'Donnell/ L ..well, along with punishing the offender. Bailey/ Okay. O'Donnell/ You know, and...and to a much larger degree. I mean, did we go from $100 to $200, is that what it is? The bar owners are paying now $1,500 for a second, uh, for a second offense, and I, you know, the bottom line is, um, if it hurts your pocketbook I think you will think twice the second time. Bailey/ Amy, were you finished? Did you have another point to make? Correia/ Not right now. Bailey/ Okay. Wilburn/ I have to go back, for me, with the role, uh, the community's response to the concerns that have been expressed here and expressed back before 2000, uh, but the intensity of the issue and the, um, quantities of alcohol, um, varied over time, but a community's response, prevention education, treatment, intervention and enforcement. And the city's logical role since, uh, we are charged by the State to This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 47 monitor, administer the liquor license. Is that a correct, fair statement? Okay. Um, traditionally involves police and citations, and uh, if we, if it's limited to that role, then periodically there's complaints by, uh, not just some bar owners but some people who have a different value in the community that you're... you're messing with the kids, uh, they point out that people of all ages, uh, over consume, which is true, which is why police, law enforcement also make citations and it's illegal to serve someone who is intoxicated. I mean, those things exist. There are other aspects, um, other entities in the community that we have here, and we've heard over the years, uh, before 2000 but starting with this intense effort in 2000, that do prevention education, that do treatment. Some have been University-based, some are community-based, like MECCA, the Mideastern Council on Chemical Abuse. When we started all this in 2000, um, you know, several of those other entities, community entities, uh, and individuals in the community that do education, that do treatment, have said that, uh, at...there is no one answer, like Mike was saying, but they were saying a critical piece, a catalytic piece could have been at the time the Council doing the 21 restriction. Um, we were unable to get consensus on that for a variety of reasons, but again to say the City has done nothing is inaccurate, and even though the 21 didn't go through, there was, uh, acknowledgment I think by the Council that an effective thing would be that proposal on the, uh, imposition of administrative penalties, which we continue to see some of those. That's where, you know, the first violation, the second violation, the escalating penalties, including suspension and civil penalty. Um, for the, uh, for the establishments, the holder of the permit. We've also had, uh, that personal responsibility in terms of what you brought up, Mike, the, uh, escalation from the $100 to $200, uh, fine. Um, for me, you know, unless we are willing to take a look at that, uh, catalytic piece, 21, which would not be the only thing. Other sectors of the community would respond, and law enforcement itself would respond to some potential concerns that were relayed in terms of displacing a problem to neighborhoods and those type of things, um, unless we're willing to do that, uh, I mean there maybe some things to take a look here, but um, it's difficult to have motivation. We've talked about, uh, you know, having revisited this multiple times since several of us have been on Council, uh, to look much beyond intervention and enforcement, it's really difficult to, um, to do that. So...um, I mean, we'll get into, um, specifics about the proposals, but um, for me, again, um, it has been those other elements of the community -prevention, education, treatment -have told us that that 21 piece is a critical piece. I'm not advocating it right now. I don't know. I have a sense that there's been an interest in Council to do that, so given that, you know, I don't, other than looking at some of the, uh, other proposals, I think the, um, well, we'll have the specific proposals, but I think that an important piece of the enforcement has been that, um, the administrative penalties, as well as that individual, uh, personal responsibility penalty. Hayek/ Um, ditto to a lot of what has been said. I...I like the way we cast our, or we discussed the problems we're trying to address, and I would add to the culture of downtown issue that, um, the diversity of our business landscape...Amy, Ithink This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 48 you sort of were alluding to that, um, if you look at the, just proliferation of bars, uh, as a percentage of downtown businesses, uh, the numbers pretty incredible. Um, so from an economic development and business (mumbled) standpoint, I think that, uh, works its way into this discussion, as well. Um, clearly the two main players in this discussion are the City and the University. Um, I've been, uh, I'm hardened by the comments we've, uh, seen in the press over the last week or two from the leadership there, and some of the University's leadership is here tonight, which is, uh, fantastic. Um, and...as we as a Council discuss what we want to do, I think it's important to understand what we can do and where the University fits in, and...and uh, the way I sort of delineate those two roles is, uh, for myself at least is that I think the...what the City can do regards bars and criminal penalties, for the most part. Those are very broad categories, but we don't have the authority to determine where students live in our community, how far they live from campus, and under what circumstances. We don't have the authority to determine, um, how they are engaged on campus. Uh, and we don't have the authority to determine, uh, what is expected of them as students. Uh, and that's something that I know the University will look at, um, or I hope the University will look at, but where we can, uh, come in, uh, is what we're talking about tonight, uh, and I think there are a number of good proposals on the table and I know we've looked at many, many of them, uh, on repeat occasions. Um, but I guess as to those, uh, proposals that are out there, my thought - my first thought - is, well, I'm not necessarily opposed to what I would describe as more of the more piece-meal approaches we might take with drink specials and things like that, uh, I question how effective those approaches will be, um, because enforcement is difficult and the resources the City dedicates to that is, uh, would be considerable, and you're doing more chasing, um, and I think we...we, uh, ought to be engaged in - I'm not saying I would oppose those things, but I'm just not convinced of how effective they would be. I'd...I would encourage us to take amore macro approach, or what I would describe as a macro approach, and...and uh, along the lines of what Ross is talking about, put the onus on the establishments to comply with standards, bright-line standards that we as a City adopt, um, and the first place I would start, personally, is with the liquor license review and renewal process, and if you look at the good moral standards guidelines that the Chief of Police has to operate under, those are pretty loose, and um, I would be interested in looking at policies that, uh, would for example say, if you get more than X PAULA's per year as an establishment, your license is...is, uh, nixed, um, and with no grounds for debate over that. And, uh, or if you get more than X number of public intox charges within your establishment, same outcome. Um, figure out what that number is, make it reasonable, but...but tough, and then let the establishments police themselves, as opposed to us trying to chase them. Um, obviously you have to enforce those laws to get the statistics on which that determination would be made, but we're doing that already. Um, and so, and in addition to that, look at our administrative penalties as well. But, uh, I think placing the onus on the people who are serving, uh, alcohol and...and benefiting from that, allows them to police themselves in the way that they see fit and see as most efficient and...and successful, um, and it, I think it lightens the This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 49 load on the City in a good way, so that we can, uh, and...and I also just think it makes more sense. So... Champion/ I like that approach. Wilburn/ And I think that approach, going back to some of the concerns that have been expressed over the years, in terms of not trying to regulate prices or interfere with, you know, uh, the market and those type of things, um, that approach says, you take care of it, however you're going to take care of it, in terms of addressing, um, serving to folks whatever age who shouldn't be served because they've consumed too much, and/or serving to folks who are underage because it's against State law for them to do that, uh, so some folks may do the bans. Some may limit their specials, but you know, that type of approach backs us away from, uh, you know, uh, you refer to the piece-meal, but it also in terms of opposition to some of those individual items, uh, you know, it makes a lot of headlines that Council is trying to, you know, make the bars (mumbled), uh, make them use, uh, you know, our wristbands and those type of things. The...the...the tough part of that is, uh, in the past when we've had, uh, increased enforcement there comes complaints and then there's ramping back of, um, you know, just like if you're going to give out a fine, if you're going to give out tickets, and you're going to enforce those, then people are going to be complaining because they're not happy about that, um, and there was one other piece you reminded me of, Matt. I'm trying to remember...oh, that approach also in that particular example that you gave goes back, I keep going back to that 2000, that original meeting with the 2000 proposal. I remember, uh, former Mayor Lehman, um, had the big meeting and people who were supportive of Council doing something, well, many were saying Council doing something, but in terms of the 21 restriction, that...those type of, uh, limitations. Um, we had the meeting with the bar owners, and the University group was here, and we had a special couple three, four hour meeting, and um, Mayor Lehman had said, uh, essentially to the liquor license holders, uh, Council's ears are wide open. We'll do...you come up with the solution and we'll do it. And those groups came back, essentially, and said, we couldn't do it. And that's what started, um, you know, the response by the Council. So, I guess that goes back to that philosophy, uh, those type of proposals, uh, you know, here's the regulation. Handle it however you're going to handle it, but you know, we will stick to the enforcement. O'Donnell/ Matt, are you suggesting... Bailey/ I wanted to give Tyler an opportunity to weigh in. We haven't heard from Tyler. (several talking) Gunn/ Again, Tyler Gunn, uh, Student Liaison here at City Council, and you know, I have a long history downtown. You know, I'm not new to the area. I grew up here in Iowa City. And I'm definitely a product of my community and my environment. And uh, I think too long there's been an overemphasis on student This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 50 involvement. Too much of the burden has been bared by students in kind of less of the overview that's necessary on the bar owners. Now, when I was 18, I graduated from City High a week later I got a PAULA ticket. And there hasn't been one graduate school interview (mumbled) job interview I've had where I haven't had to explain that. Unfortunately in my position now, ignorance works. Ignorance is a good excuse to get out of that. But, uh, and you know, I'd argue that raising the fine for PAULA's aren't going to fix the problem. I think if you look over the last four years, I pulled out from where you said the last student government proposed deferring PAULA tickets is that you were giving out around 1,800 PAULA's a year. And over the four years we have not seen a decrease of underage people in bars. We haven't really seen a solid decrease in these problems, from this, and I think there is a distinct difference between underage drinking and binge drinking and over-consumption of alcohol. I think...we can get sidetracked with the underage argument and get away from the real problem, which is excessive drinking. And if 19 and 20 year olds are in the bar and not excessively drinking, then that isn't as big a problem as it would be now. Wilburn/ I appreciate your sharing, uh, the personal story and uh, appreciate your observations. Gunn/ And if I remember, there had been a liaison in the past who also had... Wilburn/ That's correct. (several talking) Correia/ Well, and I think that that's...when I'm looking at the best practices in alcohol policies, what I'm looking at is what has been some of the approaches that...that have worked to decrease alcohol consumption. You know, of...I mean, certainly the enforcing of legal drinking age tries to decrease the age of onset, or um, and there's, you know, research in brain development and all of that, as to why we want to, you know, decrease age of onset for alcohol, and certainly for drinking excessively, and that's where...when I look at some of the strategies that have worked, which include keeping the price high, the prices higher. If people do drink, they're not going to drink as much. So that...is that question, or that issue about the over-consumption, and I think that the other issue that I hear from folks is that the...the alcohol culture downtown, because of the proliferation of bars and liquor licenses, and if we could, um, control density and location, and that is another, one of the list from the research and best practices. So that we diversify our downtown, um, and...and in other area, I mean, have a diverse, um, commercial areas so that we don't have pockets of, um, businesses with alcohol licenses, um, and then the other thing that I'm looking at in here is reducing the amount of youth exposure to alcohol advertising. We have a lot of teens, high school students that hang out downtown, and I don't know if we could reduce the advertising that is in all of the windows in all of these establishments that are downtown. I think it creates clutter in our, in the... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 51 Bailey/ More than 25% of the window surface. Isn't that our sign ordinance? Champion/ They watch it on TV (several talking) Bailey/ I think that's right actually. (several talking) Correia/ Well, anyway, but those advertisements, if we could change that perception because we have... Bailey/ So we do have a consensus that we're interested in addressing the issue of excessive drinking. And we do have a consensus that we're interested in addressing some of the concerns about developing some diversity in our downtown. I mean, we are all...seem to be concerned about our downtown and the culture. So, um, that's good. And there... O'Donnell/ Also, Regenia, we're concerned about (mumbled). I really appreciate that, but you are living exactly what we're trying to prevent. I mean, people going out into the job market. I've talked to a lot of young people and I don't believe that this University (mumbled), because it does come back when you go out and apply for a job, that you've got that PAULA. It comes up, and that's one of the points that we're here. Bailey/ And that seems to be the direction that we're interested in going. Is what Tyler says is, let's put more of the onus on the bar owners. I think Matt said that, and others have said that as well. And so, um, so let's talk a little bit about...are we, is that what everybody else heard, that there is consensus in moving...so let's look at what...what we might look at, steps that we might be interested in taking, or other ideas that we might get some information about, um, that would move us in that direction. Um, let's just start with this excessive drinking and putting more of the burden on... Wilburn/ There's just a couple other thoughts that occurred to me. Um, again, I appreciate the information that was shared, uh, that's one example. I'm sure there are other examples, but I also know examples where, uh, the issue of PAULA has not come up during interviews, uh, it's been more, uh, felonies and that level of...of uh, of uh, of crime that has come up. I've been on scholarship review panels. I've been on... at this University when I was employed by the University, uh, on undergraduate and graduate, uh, enrollment, uh, application review, and at that level it was the felony, and not this, so again, I'm not trying to say your experience didn't happen. I'm just saying that there, uh, that you will find evidence of both cases. Dilkes/ I do want to just note too though that one of the attachments, when I...as my memo about the deferred prosecution, a proposal made by the students, and at that time we were concerned with the affect of one PAULA conviction on future opportunities. It was being exaggerated and we did contact the, um, both the This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 52 medial school and the law school at our university and were told that it would not have an impact in terms of your admission. Wilburn/ Right, and I'm just saying that there's examples of both. I didn't want to discount...your experience was your experience, but (mumbled) and then um, I still have to go back to, um, you keep bringing up the, uh, I guess as we go through these individual items, I guess I would ask Council to consider this in the background as you look at those items. You're going through the best practices in terms of trying to have, uh, any prevention treatment, strategies, talk about reducing not eliminating. You're not going to totally prevent something. It's creating a...a culture and environment where things are reduced or better choices, more healthier choices are, so, keep that in the background as you look at these. Bailey/ Okay. So, what we are trying to do essentially is address the issue of excessive drinking, and I think in regard to PAULA's, there was concern expressed that there was an interest in making the, if an establishment had PAULA's, making that a more stringent sort of consideration when we talked about revoking or denying licenses, not actually, um, addressing the individual... Dilkes/ At renewal, yes. Bailey/ Renewal. Wright/ I think that's absolutely something we should look at. Incorporating a more stringent PAULA number into that list of factors for renewing of liquor license. Correia/ Well, I think there's a couple of other things too. The other thing that we've heard is, and you brought this up Connie, is...is staff in establishments serving while they themselves have been drinking. Are there... Bailey/ We can...what can we do to address that? Correia/ Is that (several talking) Champion/ It's hard to tell if somebody else is drunk if you've been drinking. Dilkes/ I think we should...maybe you need to separate your discussion between...tightening the criteria for renewal of a license, as opposed to making new laws about what can and can't happen within the establishment. Those are two different things, and yes, we could do a combination of those, but right now we don't have a law on the books. Correia/ That's not a violation of anything. Okay. They can drink while they're at work. Dilkes/ (several commenting) Drinking while you're... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 53 Correia/ If you're a bartender at a bar, you can drink alcohol while you're at work. Bailey/ If your manager allows it, or your supervisor. (several talking) Correia/ Right, I mean, there's no...that's not a (several talking) Dilkes/ I think we probably could do it, prevent it, but I don't think it's prevented right now. Bailey/ Okay, so let's just...let's just address that first question, the tightening of requirements, and this would, I mean, we have a memo from the Police Chief about how the factors...that are considered, and how do we want to, if we want to, tighten these up? Hayek/ Let me jump in here. L ..let me give you an example. Onto the criteria for renewal, one section says a rate, a pattern of convictions of persons within the establishment for PAULA, um, may be a factor, and it states that a rate of one and a half PAULA's per visit, maybe grounds for disapproval of the application. I mean, number one, that's loose, and number two, that's generous. I mean, that says that out of every ten visits to your bar, we, uh, we're anticipating that...out of every ten visits to your bar, if only 14 people are charged with PAULA, you're in the clear. And if 15 people are charged, that's somehow the cut-off point. I mean, it would seem to me to be reasonable, uh, to say the odds should be greater, uh, there should be...the odds should be greater than not that when we go into your place we're not going to cite somebody. We're not going to find somebody who's, uh... Lombardo/ It strikes me that...that what you all, and I've tried to keep track of the things that you said you wanted to effect by anything we do, we'll take a comprehensive approach. LTh, that any one or a few of these things in isolation may have limited effect, but...but may not get us to the end goal, and so I'm wondering, um, if you would want us to come back with kind of a comprehensive strategy, or if you want to debate them individually. Bailey/ Well, I think...I think there is some interest in...a little bit further discussion which could clarify perhaps what the comprehensive, or what would be (several talking) Dilkes/ What I would suggest if we're going to look at PAULA rates, um, is we would want to get...to start with, and that was my first question to you -what other information do you want. Bailey/ Right. Dilkes/ Um, I think one of the pieces of information you need is updated, I mean, we need to have the most current PAULA... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 54 Bailey/ Well, and that's a question that I had. We, um, when I first got on Council we would receive monthly reports regarding those PAULA's, PAULA reports, and we no longer receive those, and I've asked...this is the third or fourth time I've mentioned that and it was indicated that we would continue to receive those. That is something that we look at, I think, also when we look at our Consent Calendar and notice that we're renewing, um, liquor licenses, and I think that would be helpful from a public, you know, public perspective as well as our perspective to continue to have those reports. I'm assuming that they're continuing to be generated. Champion/ I'm all in favor of that, but I also think we need to have some level of, from the Police Department, that they're going to be doing checks or whatever you call it. Bailey/ Well, the Chief is here, um, if, Sam, if you want to come up here and talk a little bit about this. That'd be great. Champion/ ...if you're going to have that, you have to have...we have to have enough police to go in there and check. Hargadine/ Right. And I think that goes back to, you can tweak the ordinance all you want, and if there's nobody, um, enforcing you. I think if Mike and Leah could take the mic, they would say that there hasn't been much enforcement down there. Um, and I would agree with both of `em. Um, but listen, recap the last year that we've had. Uh, 18 months worth of a groper case. Uh, a flood. Just on our third round...we've had three different rounds of homicides. Um, when these things are going on, for instance, we were criticized, the perception was during the groper case that's all we were doing was downtown doing bar enforcement, which was not the case. Enforcement on almost every other area of the community, um, went by the wayside while we're trying to catch that person. So, I would agree with the...Connie, you can tweak it all you want. Um, just a little statistic on where we are, just to field our patrol unit right now today, which is our bread and butter answering calls when there's 9-1-1, um, our target overtime rate, uh, should be about at 28% for our budget year. Right now we're at 36% just to field our basic patrol unit. So when you're talking about extra things like stings and liquor enforcement, never mind a football game on that weekend, um, this is the impact of why we haven't been down there, and I...I won't dispute what they're probably going to say tomorrow, um, we've not been down there because we've had the year that we've had. Champion/ It's been a bad year. Um, did I...um, notice that you're down a policeman or two? Do you... Hargadine/ We are. Um... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 55 Champion/ Are they...do you have somebody going into the Academy or... Hargadine/ We have two in the Academy right now, but we had three resignations. So, it's a struggle. We're almost on a six-month cycle. That's what it takes, because if it's a somebody that doesn't have the Academy, um, it takes a while to get `em on board, takes...they only offer the Academy a couple of times a year. So, we're ramping up again to fill our vacancies and have them in place for the January Academy. That'll get us back up to our full compliment. Bailey/ Any other questions for Sam? Champion/ Um, but that's just going in for PAULA's. The sting or whatever you do, that probably takes another person, yeah. Hargadine/ Yeah. Um, we...we debated the PAULA issue when we came up with that criteria, and um, PAULA's by themselves would probably not be basis for anon- renewal. The reason it said "may" is because, uh, we would probably...if they...if they were on the fence, you know, if they had one sales case, two sales cases, but then they had a propensity for PAULA's, we would use that as a...as part of our recommendation. But PAULA's by themselves, it doesn't equal a sales case. Hayek/ On that issue, you know, as we go forward it'd be nice to hear from your department on what your thoughts are about that...about those criteria, and whether the what appears to me to be a lot of discretion and something you view as beneficial, or more of...as a burden to you because there aren't these bright- line standards. You know, what...how you feel about that would be interested...I'd be interested to know about. Hargadine/ Well, the one case that came before Council and...and you all took action on it not to renew. In that particular case there was many other factors, as well, lack of management response, um, you have to build a...this is what the situation is and these are the statistics that go with it. Um, I think in each case if we were to do that again, it's going to be a little different. Bailey/ Well, and I want to ask a question about that case because it was indicated to me when we did that, um, that our objective with, um, them coming back, making some improvements was compliance. Um, does that continue to be the attitude of Council, or is there also an expectation for a higher level of responsibility from bar owners, and the willingness that if you violated a situation, that we're not willing to look at it again, um, for a certain period of time. Champion/ What do you mean...you would have to have all these other things, and you'd have to have a reason not to look at it again. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 56 Bailey/ Well, mine was purely punitive. They weren't...they were not conducting themselves at a high enough standard of behavior, and I didn't feel that that was appropriate. I mean, and the Chief, I mean, I'm respectfully disagreeing with your opinion here, but um, but it was indicated to me by the rest of Council that it was compliance was our objective, and, and they had worked towards compliance and therefore we would take away that suggestion not to renew their liquor license. I mean, is that how we also want to proceed with these? I mean, is it our intent to get people complying, or is it our intent to send a different sort of message that you're, we have higher standards of expectations for your behavior as a bar owner. Correia/ But shouldn't our expectations meet, be the same as what compliance is? Bailey/ Well, but I mean it was a month later. I mean, they could have fixed this when they got the warnings. They chose not to. When they saw that we were serious, you know, it's kind of like grounding somebody. You know, when they see that you're not serious. So, I mean, I mean I think that that's something I would like us to consider as well. I mean, so they missed a month, they changed ownership, they changed their name, they're back in business. Hopefully they're conducting themselves at a higher standard of responsibility, but we...we're uncertain because we don't necessarily, hearing from the Police Chief, we don't necessarily have the, um, you know, the staff to be able to check into that. So... Lombardo/ One of the things that I think is universally mentioned was that, um, and I think this came up in our retreat, is that there's acknowledgement that the mix of use downtown has...the balance has tipped, and that there's a strong interest on behalf of Council to change that mix and find that balance. And I think...if I may, if that's correct, then one of the tools that we would suggest and we haven't really thought through the strategy, would be, uh, an effective way of reducing the number of licensed, uh, bars and so it would probably come as a recommendation that somehow we tighten up on the renewal process because if the interest is in getting it the mix back, we have to find a way of ferreting out the bad bars, if you will, and reducing that number, other than through zoning and some other things that we likely recommend to you all. It has to be a combination of...of approaches to get that number and that balance, uh, to where you're all comfortable. Champion/ L..no, I agree with what you're saying, but I do...I don't feel this horrible thing about downtown. I'm sorry. I think we have three downtowns. We have downtown from 8:00 in the morning to 7:00 at night. We have downtown from 7:00 to 11:00. Then we have downtown from 11:00 to whatever time. And it's...as a business owner I can tell you that business is great downtown, and I'm not in the bar business. Maybe I should have been, but I'm not, but I would complain that the bars are ruining my business -they're not. I think they're ruining...I'm not downtown at 2:00 A.M. I keep thinking I'm going to go down there, but you know what? I'm not going to. Um, but I...I don't want to hear, I This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 57 don't like this discussion revolving around downtown's so temble. That creates a whole (mumbled) for everybody in Iowa City that downtown is terrible. Well, I'm telling you -it's not terrible! It's doing great! It's evolving. It's different than it was 20 years ago, but it's doing great. There's lot of people, there's lots of families, there's lots of shoppers. Bailey/ But everybody needs to feel safe downtown, 24 hours...but 24 hours of the day, and we just had a discussion about an hour ago about concerns about safety downtown, and... Champion/ Oh, I'm not saying that we shouldn't be safe, but what I'm saying, let's don't talk about downtown as being destroyed, because it's evolving and changing. It's not being destroyed. Hayek/ Connie, I don't think (several talking) Correia/ People want to see a diversity of...a mixture of uses. I mean, we have, uh, correspondence in our packet. I hear from people all the time about, you know, wanting to see....and no, it's not going to go back to the retail, you know, center that it was 20 years ago, but I think that there are other communities of our size with more diverse... Bailey/ So, since we're on this topic and...and Michael brought it up, are we interested in looking into this zoning question again? Champion/ Yes! Wright/ Definitely! Bailey/ Okay. So, um, I would have specific questions about grandfathering, and how does that work, and... and over what period of time what might we have the opportunity to change the mix. Um, what other questions do you have...there's a memo in here from Bob Miklo, what other questions if we move down this...um, considering the zoning might you want staff to look into and be prepared, I mean.. . Wright/ We need to take into account both the retail liquor licenses and the consumption licenses. Bailey/ And I...there's a question in Bob's memo, um, it's question number four, if Council chooses to implement zoning regulations, should these regulations apply to all commercial zones throughout the city, and I would say in my opinion yes. I don't know how other people feel, but I mean, I know we're interested in downtown, but I'm not also interested in moving the pieces around about this challenge. (several talking) So is there a, there seems to be consensus on that, as well. Um...and then there was some discussion about the size or occupancy load, This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 58 um, in this memo, but I mean, if there are other things that you need information on. Champion/ Well, I would like some information on what we're doing about insuring occupancy levels are being met. Because that is a....oh, good. Oh, yeah, there he is back there. Because that is something you could use when you're, uh, renewing a liquor license, if they are constantly overfilling their bar. Dilkes/ That's one of the criteria. Champion/ It's one of the criteria, and I'm sorry, I don't hear about compliance checks downtown either. I don't hear about, um, PAULA checks or sting checks. I don't hear about compliance checks, and I...I mean, a fire, whatever you call it. Rocca/ Capacity checks is what you're referring to. Champion/ Capacity checks, and I thought we hired somebody to deal with that, and I thought they were going to be checking, um... Rocca/ Well, we have, and I think that the memo does, you know, step you through what measures we've taken. Uh, the intervals of the inspections, uh, I think we've gone beyond that in some regards when you back up the clock a little bit and you look at the history of those capacity checks, where they were scheduled. A certain number of them every weekend and this goes back a number of years. And no sooner were we in and out of there, uh, probably somewhere after 11:00, you know, likely that's when the overcrowding occurs. Champion/ Right. Rocca/ Overcrowding would occur, so...there's you know a limited number of inspectors. There's a number of occupancies. We can go to one occupancy, and then across the street while we're in one, the other one could potentially be overcrowded. Um, that's the, I guess, recent past history, uh, when they were regularly scheduled. They knew when we would come. They were ineffective. They were just, you know, people knew when the Fire Department was going to come and check their occupant load, and as soon as we made it through there, I can't speak to what exactly happened, other than from a complaint basis when the Police Department would go through and identify something that was potentially overcrowded, or patrons that would call and say this place is overcrowded, and we would go up, and so we've frankly moved into a complaint basis, um, in terms of occupant load checks. Probably ineffective, um, but then we did, as you point out, back in 2005 hire the Captain of Inspections. And we were not only looking at occupant load checks or capacity checks, but we were looking at fire protection equipment installation, and you know, we've done a good job there, in terms of grant programs and uh loans to upgrade fire protection equipment within those establishments. So that's one facet, and I really think that that's the role of the This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 59 Fire Department to take the environment by which these activities occur and make it a safe environment, to the best of our ability. But we're not in there 24-hours a day. Champion/ No, L ..I don't expect you to be, but it seems to me that if we're going to check places for occupancy, that we would check them at midnight or 12:30, that we wouldn't check them at 10:00 or 11:00, considering our downtown culture. Now maybe that isn't possible. Maybe it's more complicated than I think it is. Rocca/ I think we can certainly evaluate that and look at the numbers of people that we send out (several talking). Champion/ Because that's when the bars are overcrowded or during a football game. I mean, some of those bars during the football games are really overcrowded. People cannot even move. And I think as a, I mean, I don't need to tell you. You know when people are in those bars drinking. It's during football games. It's during, it's probably just (laughter). I don't think it's during soccer games, but um, and late at night, that's when the problems are occurring. And...and my, I'm talking about safety here too, because that's always been a contention of mine, that overcrowded bars are unsafe. They're going to be more safe now when they're all sprinkled, but they're still unsafe. Uh, trying to get out of a place, but anyway, thank you. I'm sorry. I don't mean to be... Bailey/ Other questions? Correia/ Do we...occupancy visits as, a surprise visit? Rocca/ They're unannounced, that's correct. Correia/ Unannounced, and so is there at least one visit per establishment that have a liquor license a year? I mean, is there some... Roccal No, it'd be more than that. I mean, particularly if you look at the recent schedule. I think there were numbers like 26 establishments on two different occasions. Uh, so that's a number, but again, um, it's dependent on staff availability, as well. Bailey/ Other questions? Thanks. Dilkes/ I'd suggest that, you know, if you look at the questions I asked at the end of the memo, the first one is what...what other information do you think you need, and I, rather than trying to tie the information to the specific strategy, is there just information...I know Regenia has asked for the PAULA, um, the PAULA list, the more recent one, um... Bailey/ Well, I was really interested in seeing that on a regular basis like we used to. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 60 Dilkes/ On a regular basis, or whatever. What.. . Lombardo/ You'll be getting that on a regular basis. Bailey/ Okay. Dilkes/ ...information do you need? Correia/ I guess, L ..I'm interested in information related to the, um, work... so, and I know, I guess this would be another...anotherpntential for an additional ordinance, but as we're talking about evaluating whether, uh, a liquor license holder is of good moral character, whether the establishment is acting to higher standards is whether the people that are working in the business at the time that they're working there, um, are under the influence of alcohol or drugs, and I think it's...it's pretty standard in many industries and work places that you don't come to work under the influence of alcohol and drugs, because it impairs your ability to make good decisions, and it seems like especially in this type of environment, in a bar, that it has the potential to impair your ability to make good judgments, to be able to assess whether the person you're serving is, you know, should be being served because you are under the influence, um, so I would be interested in looking at having an ordinance that requires all people, you know, employees of a bar, you know, have those work place drug and alcohol policies that many other businesses, you know... Dilkes/ And I think that's poss...very doable. What I think we need to get through is what other information do you as a group need in order to form a consensus about what strategies you want to pursue. That maybe one of them. Bailey/ Well, and I'm interested...I'm interested, this is a strategy I'm interested in pursuing. I would like to see, um, I would like to hold the bar owners a little bit...to a little bit higher standard, um, I think what Connie says, concerns about irresponsible bar ownership, and not saying that everybody is, I'd be interested in requiring TIPS certification. I'm assuming we can do that. What...what, how would that work? You know, and I'm interested in requiring scanning machines for the LD.'s. And how much would that cost, and how would that look, and then, I mean, what other...what other cities have used that and what results have they seen. I mean, if there's an issue about underage getting in, I think scanning machines address that. I know Hy-Vee recently got one, and they are anticipating...because they had some problems...a problem with PAULA's, and they took it upon themselves, and I think that that's what a responsible business owner does. They see a problem, they take it upon themselves to be legally compliant. So, those are the kinds of things I would want. I don't know if others agree... Wright/ Dovetailing onto that, I'd like to see information on wristbanding, since we have different classes of patrons. We have the, you know, the 21 and up and uh, the 21 This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 61 and under. If we had mandatory wristbanding for folks that were not 21. (several commenting) Red and green, I mean, it'd be fairly simple and I would suspect that other places do that. Champion/ I think most bars have (several talking) Dilkes/ That's why I'm...(several talking)...back up again. I think...I understand what Regenia's strategies are that she wants to pursue. I have no idea what you as a group want to pursue in terms of strategies. That's why I'm suggesting that we back up a minute, say what other information you need. Like you need more information on wristbanding. Or you may need more information on PAULA's. What~other information do you as a group need in order to tell staff what strategies you want us to pursue? Or, are you able to tell us that as a group today? Bailey/ Are we? Hayek/ I think we need to let them do their work in response to the issues... Bailey/ Well, what other information or what other direction should they investigate? Hayek/ And I'll add, I'd be interested in...in other data sources, other data points out there comparable to PAULA's that might be used in a bright-line criteria. For example, public intox within...charges. Current data for that. And I'll (several talking)...well, Imean, like what I talked about earlier, establishing thresholds that if you hit those thresholds, you've...you face the automatic loss of your license, something like that, if we go in that direction. Dilkes/ I know what you're saying. O'Donnell/ We have that. Champion/ I like that, too. But the problem with public intox...(several talking)...oh, okay, right. Okay, right, all right, all right. Bailey/ Eleanor's trying to get a list for herself. So, help her develop that list. Correia/ Let me just say in terms of the goal of reducing over-consumption and the problems that that creates both for the community and for individuals is that, is some of the research about increasing price and decreasing advertisement. Want more information on what we can do... O'Donnell/ Would we have any way of knowing how many fake LD.'s are confiscated? I'd like to know that. I remember when one of the bars brought down a stack of fake I.D.'s that was (several talking). Wilburn/ It was Brother's. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 62 O'Donnell/ I'd like to know how many of those are taken. Wilburn/ I don't remember. Champion/ We don't know if they were all taken in Iowa City. O'DonnelU I think they were all taken in one bar! Wilburn/ Yeah, they were...they were taken at one bar, in Iowa City. Lombardo/ As we're looking at this, too, if there are areas where we think there's room for change but we don't have that ability based on current Iowa law, uh, could be a point for you all to advocate through either the League or elsewhere, and we'll identify that as we go. Bailey/ Alternative revenue source of locally tax drinks. Champion/ Oh, perfect! (several commenting) Bailey/ Well, you know, uh, you know what I mean. An alternative revenue source, uh, driven by our, um, establishments. A local surcharge. (several commenting) Champion/ That would solve our problem. Wright/ Well, actually when you're talking about (several talking) Bailey/ I think others talked about it. Champion/ If the city of Chicago has a vehicle tax, why can't we have an alcohol tax? Bailey/ You know, Des Moines mentioned that actually at the Metro Coalition. I think that they were kidding, but it's, I mean, we're looking for all kinds of alternative revenue sources. Champion/ Hire a policeman to police the bars. Bailey/ Anything else we need from staff? So, we'll look at zoning, and we'll look at these other things and we'll schedule another discussion around this. O'Donnell/ With that, Regenia, we need to know how the University's going to cooperate with us on this also. To some degree. Lombardo/ I'll say, I've had some very, uh, productive conversations with, uh, members of the University who are here this evening, and I'm sure they'd be happy to...to chat with you this evening, if you're interested. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 63 Bailey/ Um, I think that we should talk about that at another time and have a formal presentation of what directions they're moving, but I...I know that they're interested in moving forward. I think that there are some things that we need to take care of based upon our objectives. So... Wright/ I do think it's remarkable though that we have Provost Lowe with us this evening. Bailey/ Yes. Appreciate that. Wright/ Wonderful step forward. Bailey/ So, I think that...I think those discussions will be ongoing. Questions? Dilkes/ Um, zoning is pretty much ready to go, I think. Now is that something... so are we collecting information and coming back to you for a group decision about what you want to pursue? Bailey/ Do we want to see, are we ready to see an ordinance? Champion/ I'm ready to see.. . Wright/ Let's see an ordinance. Bailey/ Let's see an ordinance. Matt will want to defer it a couple of times, but he'll look at it. (laughter and several talking) I heard the big sigh! Hayek/ No, I think.. . Bailey/ I'm ready to see an ordinance. Hayek/ I think we're taking on a big issue, uh, and I think we're going to take action ultimately, but we've asked for a lot of information. I'd rather not enact a little bit now and a little bit later. I'd rather do it all at once. If you look at the history of this subject here on this Council, and we kind of step up and we step back, and we, I'd rather enact (several talking) Correia/ ...incremental change as well though. I mean, I don't think it's...I think that there has been, I mean, as Ross has pointed out and just from that, there has been advancement on the City responding, um, to issues that we're facing over time, and you know we see what the results are and then we continue to move. I don't think we have to wait for everything all at once. Bailey/ Well, and zoning is a specific area that we, I mean, that we have. Let's take a look and see what we want to monkey with, and (several talking). This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 64 Wilburn/ And if I could project forward a little bit, um, L ..I don't think there's anything wrong with incremental change either. I think it's equally valuable to look at a comprehensive approach. The challenge is when the Council, uh, past, present and future hear from different constituency groups. That's where you end up with the incremental approach. Um, point in case, several bits of information that have been asked for tonight, and you know, I understand there's...not everyone has wrestled with it on Council, at the same rate, but uh, the issue of the wristbands. We've had memos on that. We've had bar owners present information about the cost and uh, the colors and all of that, uh, and...and if that's a piece of information you need, then that's a piece of information you need, but I'm just giving that as an example of how you move from, um, where political pressure and choice, um, has the effect of fragmenting the comprehensive approach -can have. I'm not trying to cast a shadow, I'm just letting you know an observation. Dilkes/ I just want to make...the zoning is not going to come to you as an ordinance. It's going to come to you very, with the same similar to the memo that Bob Miklo sent the Council in 2003 with the same questions. Correia/ Can we get sample ordinances with that? I mean, Bob in his (several talking) memo talked about the difference (mumbled) have ordinances. If we could actually, you know, get those and see what they say and.. . Lombardo/ What we can do is...is, I mean, it seems like that's an avenue you want to pursue more, uh, aggressively, and so rather than go through the same memo and questions, I mean, we can frame it and make recommendations with options like we do in a lot of other things, and...and help you along that dialog, you know, here's at least something to respond to and what it would look like. Bailey/ Well, I mean, `cause everybody looked at this memo and looked at these questions. Are there any things that jump, I mean...I don't know if we're prepared to look at these now, but I mean, it seems like it's right in front of us. If the questions are going to be similar, maybe we can look at them now? Dilkes/ I don't think you want to look at `em now, that that's when...when Council tried to look at this the last time, these are not easy questions to answer. Would you agree, Ross? Wilburn/ Yes. Dilkes/ And that's where we got bogged down the last time, and I think starting at 9:00 to try and answer those is...is probably not the best thing to do. Bailey/ Okay, but... This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 65 Correia/ I wanted to see actual ordinances, because I mean I read the memo and looked at the questions and I think something that would help me would be to just see those, what those ordinances say, in communities that...that I'm familiar with, that I'm familiar with (mumbled) Bailey/ So, take a look at these questions and be prepared to answer them. Yeah, if they're hard they're hard, but I mean, at some point if we're going to move forward with this we're going to have to answer some hard questions. So... Wilburn/ I have a, if I may, I have a question for Michael. I don't know if he would need or would benefit from guidance from Council on this, uh, tonight or just for something for him to think about, if he could hear it from us. At the retreat and again tonight, I've heard you refer to comprehensive strategies, um, my question is, are you talking about comprehensive strategies in terms of intervention enforcement, or are you talking about broader in terms of education and some of the things that some of the existing community agencies do? Lombardo/ I think both. I think there's things that you can act on now and then I think there are other relationships and other things that we can either help facilitate or...or partner with other organizations, um, and come up with strategies for solving. Not to say that we would be the service provider, uh, but certainly I think...I think, um, moving that dialog forward with those partners would be advisable. Wilburn/ And so my question for Council, and maybe to let Michael know either tonight or to give him...if that's something that you are, you would like to hear from us, is it the broader picture that Michael referred to, or is it related to intervention and enforcement, and the reason I ask that is because, um, when we end up talking about, um, partnerships and how we can, um, that's a direction that can end up with, um, another commission with people from different aspects and we've already had the list of the different groups that...that formed or not, um, which there may be a different outcome or um, you know, is the Council interested primarily in the enforcement, intervention due to our responsibility from the State in terms of enforcing liquor license. Liquor license in general regardless of whether you're over or under 21, or um, you know, so enforcement or broader picture is my, I guess my question for Council. Champion/ A broader picture would be helpful. (several commenting) Wilburn/ I just wanted to make sure that, you know, um, if you are pursuing an avenue that wasn't going to be accepted on the Council, you know, that you didn't waste your time. Lombardo/ Right, well, and it doesn't have to be me, you know, there are other, uh, people out there who are ready to...yeah, pick up their end of it and move This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 66 forward, and we could play a role in, um, enhancing that dialog from the City's perspective, and not taking the lead on it, certainly. Wilburn/ I just wanted to clarify that. So... Bailey/ Okay, are we ready to leave this discussion? Do you have what you need? I could have gone on for two more hours, but okay. All right. (several talking) Council time. All good? Schedule of pending discussion items. I anticipate that this will come back to us... Schedule of Pending Discussion Items: Lombardo/ There's, I mean, there's a lot to cover here, and we'll bring it back in pieces, I would presume. Not all at once, and so we'll just keep this ongoing as we pull together data and information and you want to see it, we'll get it to you. Um, and if you want to discuss it we can. As we get draft ordinances together, we'll put it on, I mean, we'll just keep this as an ongoing dialog. Bailey/ Okay. Um, upcoming community events or Council invitations? I have none. Upcoming Community Events/Council Invitations: Lombardo/ ICAD luncheon tomorrow. I have tickets available for those. Bailey/You have something? Karr/ I've got a number of things. Um, you all got invitations, uh, tonight for the employee luncheon in November in your packets. You can give them to me tonight or tomorrow night, whenever. Uh, secondly, um, the awards breakfast, um, Human Rights is Thursday morning. If any of you are going, and haven't committed, uh, yes, I've got Regenia going, but is there anybody (several talking) Okay, Regenia and Amy. Is there anyone else? We need to get the count in. (several commenting) Regenia and Amy? Going once. Regenia and Amy going twice. Bailey/ I hope there will be staff there. I mean, it's our event. Karr/ Okay. No, we'll take (several talking). Okay. It's Thursday. Wilburn/ Um, I would like to go. Karr/ Ross. I'll bring the tickets tomorrow night. Wilburn/ Okay. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 67 Karr/ Also the, uh, National League of Cities meeting is in Orlando October 11 through the 15th. I haven't heard from any of you. I have voting delegate information I need and I have a deadline. Wright/ October 11th through the 15th is now. Karr/ I'm sorry, November. (laughter) November 11. October is the deadline, uh, for delegate information. November 11 through the 15, is there anyone interested or anticipating going to the National League of Cities? (several commenting) Hayek/ Uh, before we move on, on November 11 is the Veterans' Day banquet. Typically we've had a City presence there. I will be there (several talking) okay. Somebody, whether it's you or somebody else, uh, should plan on.. . Bailey/ I'll check my calendar and let people know (both talking) doesn't mean that others shouldn't attend. O'Donnell/ (mumbled) Bailey/ The business P.M. is Thursday. Okay? Meeting schedules. Discussion of Meeting Schedules: Karr/ Um, we had a memo also to set aside maybe some dates for meeting with area legislators. Typically...I had a memo in the Information Packet...typically we do that before the legislative session begins, and we'd like to send out invitations soon after the elections as possible, and wondering if we could possibly come up with two or three dates tonight that we could set aside right after the election. I could send it out to our legislators and confirm that date with you. We've done it at various times -early in the morning, prior to a work session, Saturday mornings. Bailey/ Is there a preference for an evening or a Saturday? Champion/ Saturday. Bailey/ Is that a Saturday preference? I heard two. (several commenting) Okay. Let's look at Saturdays in November, following the election. (mumbled) Karr/ We might be looking at early December by the time we got the invitations out. Bailey/ So are there any Saturdays that won't work? Let's start there. Champion/ No, I think Thanksgiving Saturday probably won't work. Bailey/ Let's avoid Thanksgiving Saturday. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008. October 20, 2008 City Council Work Session Page 68 Karr/ That would be the 29tH Correia/22°a doesn't work. Wilburn/ 22°d doesn't work. Bailey/ Okay. Karr/ And I would imagine the 15th isn't going to be soon enough, so that's in December. What about the 6th Hayek/ Of December? Karr/ Yes. Bailey/ In the morning, fine. Sixth, that's one date. You wanted how many? Karr/ 13th? Another Saturday? (several commenting) Is there...if Saturdays don't work...we have two Saturdays, the 6th or the 13th. Is there another one that might work? (several talking) Hayek/ Yeah, it's, uh, ground zero time for.. . Karr/ Quite frankly I don't think three Saturdays is a good selection of time. I mean, two Saturdays wouldn't be bad... Correia/ What about doing it on, what about before the work session on December lst~ Karr/ The work session of December 1St would be a possibility. Correia/ 5:30 on December lst~ Champion/ That'd be good. Karr/ Okay, so we'll offer the 6th or the 11th in the A.M., and prior to the work session on the l St. Okay. Wright/ 6th and (mumbled) Karr/ 13th. That's an "or." Bailey/ Got what you need? Okay. See you tomorrow night. 7:00 Connie! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of October 20, 2008.