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HomeMy WebLinkAbout2004-03-01 Transcription March 1, 2004 Council Work Session Page 1 March 1, 2004 Council Work Session 7:10 PM Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilbum Staff: Atkins, Craig, Dilkes, Franklin, Helling, Karr, Trueblood TAPES: 04-22, SIDE TWO; 04-24, SIDE ONE TAPE: 04-22, SIDE TWO REVIEW ZONING ITEMS Lehman/Zoning issues, Karin. Franklin/This should be very quick again. a. CONSIDER AN ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-I) ZONE. (SECOND CONSIDERATION) Franklin/Item a is second consideration on the rezoning--this is text amendment from Religious Institutions in the CO-1 zone. b. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 1.26 ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (P/CB-5) FOR THE EAST HALF OF BLOCK 102 EXCEPT THE 301 SOUTH DUBUQUE STREET PROPERTY. (REZ03-00028) (PASS AND ADOPT) Franklin/Item b is pass and adopt on the rezoning of 1.26 acres on South Dubuque. It's the Transportation Center from CB-5 to P/CB-5. c. CONSIDER AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. (VAC03-00004) (PASS AND ADOPT) Franklin/ Item c is pass and adopt on the ordinance vacating a portion of Beldon Avenue, and this is dependent on item number 8. So if you are disinclined to approve item number 8, you should not pass this. d. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 9. (SUB04-00002) e. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 8. (SUB04-00003) Franklin/Item d and e, which are final plats for portion of Galway Hills should both be deferred This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 2 to March 16th. There was an issue with the legal papers we weren't aware of. f. CONSIDER A RESOLUTION APPROVING TltE FINAL PLAT OF WINDSOR RIDGE, PART 19B. (SUB04-00004) Franklin/And then Item fisa final plat of Windsor Ridge, part 19B, and the recommendation from the Planning and Zoning Commission and the staffis for approval of that. It's fairly simple, a six-lot subdivision. O'Dounell/Great. You are quick. Franklin/I try. O'Donnell/What date was that? Wilburn/16th. AGENDA ITEMS Lehman/OK. Are there any items on the agenda that Council wishes to discuss? 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND TItE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS WITIt KEVIN }IANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING TltE COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Vanderhoef/I was curious about the fees for the lease project and I see Susan is here, maybe .... O'Donnell/What number is that, Dee? Elliott/13. Vanderhoef/13. Lehman/13. Vanderhoef/Can you tell us about the agreement? Craig/I'm glad I got here in time. I thought when will they get to that? I never would have said 10 after 7:00. The reason this didn't get scanned is because it's one of those odd-sized legal documents. Lehman/Right. When you do scan it, we can't read it. Craig/The fee is the basic fee of 6 percent of the base lease value. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 3 Champion/What does that mean? Craig/Pardon? Champion/What does that mean? Craig/It means that if you sign a five-year lease for a certain amount of money then--- Lehman/It's 6 percent for the period of the lease. Craig/Right. Lehman/So if you sign a five-year lease you pay the 6 percent for the five years. If it's a one- year lease, you pay it for one year. Craig/Right. Lehman/OK. Craig/And we did include a provision that if it was a big amount that it would be staggered over a year's time. Bailey/Right. Elliott/You also talked about lifting agreements and thoughts about how it would be appropriate for the library. Can you give us an idea about the kinds of things you'd be looking at? Craig/Sure, Bob. I think we shared with Council some time ago the thoughts of the Library Board on who we were looking for in a tenant. But it had been some time. The primary thing was no business that served alcohol. That was number 1. Number 2 was financial stability and you know a tenant that we knew was going to stay for awhile and fulfill the terms of their lease. And so those are sort of the "must-haves" or "it must-not-have" in the case of alcohol. And then after that we were looking for something that we think is compatible at the library. We've had discussions with Steve and Karin Franklin about, you know, what from their perspective would we like to see as a City, the tentative hours and, you kno~v, something that adds to the downtown. Of course, the primary objective is to get the space leased, have occupants in there and get the income stream coming in. But if we get to pick and choose, you know, I'm looking for something that is compatible with the use of the library. You know, personally, I'd like to see a business on that comer that's open nights and weekends, at least some nights and weekends, so it isn't dark windows at night. Can we do that if it doesn't serve alcohol? I don't know. Elliott/I don't know ho~v that sounds to the rest of the Council, but I really like that answer. I think there are things that you know you don't want. There are some things you'd like to have that you're not going to be terribly stringent because--- This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 4 Craig/Correct. Elliott/...one of the priorities is renting the space--- Craig/Absolutely. Elliott/...and getting the (can't hear). Thank you. Appreciate that. Champion/Well, it's a beautiful space. Craig/It is beautiful. Vanderhoef/Steve, am I correct then that 6 percent would be taken out of the lease payment and paid to the Realtor? Atkins/The Realtor's fee, yes, that's what I understand. Dilkes/Well, but it's an upfront payment of the total lease value so that--- Atkins/If the $1,000 a year lease times 5 is $5,000, the person who gets the lease in this case is entitled to 6 pement of that number. Dilkes/Correct. Craig/Right. But it doesn't come out 6 percent with each lease payment. Atkins/No, it does not. It's a lump sum that's payable to the person, correct. O'Donnell/OK. Lehman/OK. Craig/OK. Lehman/Thank you. Champion/I have one more question because I don't quite understand--the revenue from this lease will go where? To pay off the bond or to--- Craig/ Revenue is designated this time to pay off the bond, which brings down the debt. Champion/I just wanted to clarify that. Craig/OK. Lehman/OK. Other agenda items? This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 5 12. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," SECTION 2, ENTITLED "PROHIBITED ACTIONS IN PARKS AND PLAYGROUNDS" TO ALLOW FOR THE SALE, POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUMSTANCES PURSUANT TO A WRITTEN AGREEMENT WITH THE CITY. (FIRST CONSIDERATION) Wilburn/I have a question on item 12. Is that the--- Vanderhoef/Alcohol? Elliott/Alcohol. Wilbum/Yeah. Lehman/We're going to be doing that a little later, Ross. Wilburn/Oh, that's right. Atkins/You've got it on your work session. Wilburn/That's right. Never mind. 15. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Champion/And then I have a question I just want to ask. On the money, our aid to agencies money, I think we should be discussing that soon. I think these agencies need to know who's going to get what? Did I say that OK? Atkins/You said it OK--- Lehman/ I think so. Atkins/Months ago I sent the letter to the agencies telling them what--you should have made those reductions in June. I mean, unless you're going to add to those, which would have to come out of the Contingency, we informed them months ago that we did those May- June reductions what it would be. Champion/Right. I understand that. Did you also tell them how much money they're going to be getting? This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 6 Atkins/Yes. Champion/Oh, I guess I didn't know that. Vanderhoef/I thought we were not going to settle on those until after they had made presentations from the ones that we requested to hear from. Atkins/I still don't recall that. You made an across-the-board reduction and ! informed them of that. You know, I don't have a list of selected agencies, Dee, I'm sorry. I don't recall. Vanderhoef/Well, we talked about that when they did the presentation at work meetings that--- Atkins/ Oh, Dee, but that must be ten agencies scheduled over weeks. Lehman/Right. Atkins/I never assumed you wanted them more--- Vanderhoeff No, but the ones that we requested, like we wanted Mayor's Youth at the same time as The ARC came. Karr/That was, excuse me, that was the groupings for the hearings later on throughout the year you had told them that you were going to do. Atkins/That we were going to bring those groups one at a time--- Karr/Throughout the year. Atkins/...in order to spend 15 to 20 minutes to the Council to present their program. I didn't know we were tying it to funding. Bailey/I didn't think we were tying it to funding. I think some of us had specific questions about the possibility of getting agencies in throughout this next year for next year's budget cycle. But I remember that it wasn't (can't hear) Vanderhoef/Maybe I made a presumption that I leapt to that I shouldn't have, but I thought we were still going to, that we had set our amount for Aid to Agencies but we had not set the amount for individual agencies. Atkins/I thought we did. Bailey/Well, if she has the individual amounts, I guess I made the (can't hear) that's what we were going to, because I remember some discussion about Shelter House was (can't hear) Champion/Well, I agree with you, Dee, and I totally misunderstood that, but I mean that's fine, This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 7 and we shouldn't do anything about it this year. But I think next year we should have a discussion on how that money's going to be distributed. Elliott/No, no--- Wilburn/I need to withdraw from this discussion. I work for an organization that is now a conflict of interest. (WILBURN LEAVES TABLE) Champion/All fight. Atkins/OK. We made reductions in the budget in May and June--- Champion/Right. Atkins/...across the board. Champion/Right. Atkins/Those reductions involved fiscal year '04 and the projection year, '05, which we just did. I sent a letter to each of the agencies explaining to them what that reduction would mean to them and they were informed. Now, if you choose to give them some additional funding, that's--- Champion/No. Atkins/...your call. That's strictly your call to do that. Champion/Let me just--- Atkins/While we were trying to wrap up that, at least that's what I assume you were doing. Champion/Let me just ask because I've just got to have a straight answer to this, yes or no. It's how this money is going to be divided up, not, don't increase it--has that already been distributed to the agencies--- Atkins/No. Champion/...by the letter how much they're going to get? Atkins/Yes. Champion/OK. That's what I need to know. Atkins/OK. That's done. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 8 Champion/That--I would have changed some things but I--- O'Donnell/Next year. Vanderhoef/So would I. And I thought we only did it for the '04 and not for the '05. Atkins/No, I think we made one reduction in '04 and then we made a further reduction in '05. Vanderhoef/But we didn't ever have discussions about the funding within the pot of money. Lehman/Well, if that isn't acceptable to the Council, now it's time to say something. Champion/Oh, if they've been notified they're going to get so much money, I'm not about to take it away from them. Elliottd No. Lehman/So, we will leave it at. As I understand it, we'll be hearing from various agencies throughout the year. Next year we may want to have a discussion based on those conversations. Atkins/Throughout the year. Champion/We will want to have a discussion based on those conversations. Atkins/Right. Champion/OK. Lehman/OK. Vanderhoef/Yes, we will. Lehman/OK. (WILBURN RETURNS TO TABLE) 17. CONSIDER A RESOLUTION NAMING A NEW NEIGHBORHOOD PARK "BENTON HILL PARK." Elliott/I have a question about Benton Street Park. Will there be room for parking other than alongside the street? Atkins/The Parks and Recreation Division say no. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 9 Elliott/Should there be? Trueblood/Where? Bailey/I think--- Elliott/Aren't there going to be some people who want to go to that park that aren't in walking d/stance of that area? Atkins/(can't hear) in the process but gotcha. Elliott/That's what I say. Atkins/The process that we used is typical of what we've been using in recent years in developing parks and that's to involve the neighborhood residents. And because it's on Benton Street, because it's on a hill, and so forth, the only place really to perhaps affordably place any off-street parking would be off of Benton Street and we don't want to do that. We don't want traffic exiting the park on Benton Street on the east end of it off of Miller, it's just too steep. It would require a lot of earth moving. And basically the decision was made that it is a neighborhood park, that it's there mostly for people within walking distance. There is some street parking along Miller Avenue. And the neighborhood residents and frankly staff and Commission concurs that they didn't want to take away any of the parkland to construct a parking lot within the park. Elliott/So that's pretty much a philosophy that exists throughout Iowa City for neighborhood parks that it is for the neighborhood and as a matter of fact it is almost discouraged that other people will go there for the lack of parking? Atkins/Well, it's not discouraged that they go there. Elliott/Or is it just for this park? Trueblood/If you look around, most of the neighborhood parks in Iowa City do not have parking lots in them. Some of the larger parks don't have parking lots in them, like Willow Creek Park. But there's a lot of on-street parking right there. So, it just varies from location to location what type of park it is. When we developed Kiwanis Park, we did put in a small parking lot in that one. It was conducive to do so; it didn't take away from the park to do so. In this particular one, we only had three and a half acres to work with and a very limited area in which parking could be constructed. So, it was determined that a parking lot was not a priority. Elliott/I wasn't trying to be critical. I was just trying to understand it generally. Trueblood/Right. Elliott/Generally, then, neighborhood parks generally don't involve parking areas within the This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 10 park. Trueblood/That's correct. Elliott/OK. Bailey/Terry, was there some discussion about making a handicapped parking spot on the street for this park? Tmeblood/On the concept plan, there was noted a handicapped parking space on Miller Avenue. Bailey/OK. Trueblood/But whether or not that will occur, we just don't know yet. That was something that was included on the conceptual drawing. Bailey/OK. Thanks. Lehman/Thank you, Terry. Any other agenda items? COUNCIL APPOINTMENTS Karr/Mr. Mayor, you may want to also discuss the appointments at this time since those did not make the agenda. Lehman/Oh, all right. We'll do appointments now. Airport Commission, one vacancy. Champion/I'd like to nominate Carl Williams. Lehman/Any other nominations? Are there four--- Vanderhoef/Can someone just tell me whether the scientist from the University, is that the gentleman that has written us letters about how he uses the airport and how important it is to he and his students and his grant? Lehman/No. Vanderhoef/Is this a different person? OK. I couldn't remember the name. Lehman/Are there four people to support Carl Williams? Vanderhoef/That's fine with me. O'Donnell/I will. Lehman/All right. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 11 Elliott/Fine. Lehman/OK. Civil Service Commission, one vacancy. Two applicants. One of the applicants has served, I believe, 18 years. Vanderhoef/I would like to suggest Dottie Maher. Champion/I'll second that one. Lehman/Is that--- Wilburn/That's fine. Lehman/OK. That was easy. O'Donnell/No one's (can't hear) Elliott/Are there four people for that? Lehman/Yes. Historic Preservation Commission. We've got an unusual situation where we have several people who have applied at-large. I'm sorry. Elliott/I would nominate Michael Brennan for the at-large. Champion/I'm not going to--I think Richard Carlson. I think he's just serving one term. Isn't that correct? Vanderhoef/He's served a partial term plus one full term was the way I read his application, that he had had two years of a three-year term previously. Lelunan/So he served for five years? Vanderhoef/Mm-hmm. Bailey/And I'd like to sit out for Justine Zimmer. I mean, one of the things that I'm interested in seeing first and foremost is more gender balance on our Commissions and I love the work that Justine did with the Englert Theatre. Champion/I know, she'd be a prime candidate--- Bailey/ Great for Historic Preservation. O'Donnell/Justine would be an incredible person on this Commission. She really would. Elliott/I would like to see gender balance but I also like the thoughts and philosophies that This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 12 Michael Brennan would bring to the Commission. Lehman/We have Michael Brennan's name put forward. I believe we have Justine Zimmer's name put forward. Is that correct? Bailey/Mm-hmm. Lehman/Are there any other--- Vanderhoef/I agree with you, Regenia. I work on gender balance too, but Michael Brennan, I think, has some thoughts that would be good to put him on the Conunission. Champion/I can't hear her. O'Donnell/! can't hear a word you're saying. Vanderhoef/OK. I'll get the microphone down here. I'm going to support Michael Brennan. Champion/Well, since nobody's going to support my original person, just because I thought we'd like to give people at least two terms, I certainly can support Justine Zimmer. I think she is to be absolutely terrific. Lehman/OK, let's take a head count. Michael Brerman, and do we have four for Michael? Elliott/Here. Lehman/One, two, three, four. OK. O'Donnell/Who in support? Lehman/Ross. O'Donnell/So who did we have? Bailey/I'm sorry. Lehman/Bob, myself, Ross, and Dee. Correct? Vanderhoef/Mm-hmm. Lehman/And I think--I don't disagree with you, Connie--but Carlson has had almost two full terms. Five years. All right, the next, the Brown Street District James Ponto has is serving his first term. Do we want to reappoint him? O'Donnell/I would. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 13 Champion/Yes. Vanderhoef/Sua'e. Letmaan/OK. For the Summit Street District we have one applicant who has, is completing his second full term. Champion/And he's a good one. Lehman/Does that mean you're nominating Michael? Champion/Absolutely. Lehman/Do we have a second? I mean, are there four or five? Michael is in. Elliott/I just want to say I think Regenia's point is very well made, that we need to keep track of gender balance and diversity in general on our Commissions, as well as the philosophies that people bring to these positions. Lehman/Telecommunications Commission. Brett Castillo is currently serving an unexpired term and has reapplied for a full term. Is that--- O'Donnell/Sounds like a good--- Lehman/...with the approval of the Council? Vanderhoef/Yes. Champion/Yes. Lehman/All right. OK. That's the appointments. Council time. O'Donnell/I have one more item on the agenda that I didn't get to speak to. Lehman/Boy, it's too late now. O'Donnell/I know--- Lehman/Go. 9. AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES"; AND AMENDING TITLE 14 This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page I4 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. O'Donnell/Our storrnwater utility establishment for collecting the money. You know, I'm supporting this. I supported it last time. I did not the first time. I still have a problem with it being excessive compared to surrounding communities. I'm going to support this but this went through the Chamber and everybody has agreed with it, and apparently I'm the only one who has a problem with it. So I will support it but I'm still uncomfortable. Lehman/You know, Mike, I think we all have the same problem that you have. But on the other hand, I think it's fair. The calculations are fair. It's unfair that we are not playing on a level playing field. Wilburn/You mean, the same problems Mike has related to this issue or--- O'Dormell/That's right. Lehman/I'm not going to go any farther with it. O'Dormell/OK. Lehman/OK. Elliott/Well, I think there's going to be, as we go through a year or maybe even two years, with this, talking about the processing quantity and quality and the costs involved with that, that there will be some information that will surface that may well indicate that we need to revisit the fee schedule. Lehman/We can always do that. O'Donnell/Well, it just, it really bothers me that you're on the border of Iowa City and one of the surrounding communities and you can pay $400 a month on one side and $6 on the next side. Lehman/Two. Champion/A very valid issue. O'Donnell/That disturbs me, and--but this has been through the Chamber and it's going to pass, so I will support it. I'm uncomfortable with it. COUNCIL TIME Lehman/OK. Council time. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 15 O'Donnell/Did I mention I was uncomfortable with the stormwater utilities? (Laughter) Bailey/You said that, Mike. Letnnan/Steve, would you--I had--Bob Elliott and I had an opportunity to look at this Visual Preference survey that we're doing and you referred to it in a memo to the Council. Would you like to explain to the Council what this is? I think Bob and I have a pretty good idea, but I think there may be some confusion. Atkins/Simply put, Ernie, what I was trying to accomplish is that the public often doesn't understand all the text of a Zoning Code, Development Code. Now, this is going to be very trite, but a picture's worth a thousand words. We were trying to find a way that would allow greater public participation in this process, Planning and Zoning Commission was supportive of it, and that this would simply be a tool to present to you, the public, and affect opinions about what they sense they like and don't like. We may discover that there are things we are regulating that we shouldn't be or at least the public is not interested in. We looked around the country from (can't hear) our backyard, North Liberty did this back in 1999. And we used their report. Some of the cities that have done it. We tried to do mostly college communities, Kalamazoo, Michigan; Ann Arbor; Mankato, Minnesota; Fort Collins. The one in Fort Collins was very successful. There were 1600 people participating in it. We evaluate all the time and are assessing all the time. We're going to discuss scattered site tonight. This simply seemed to be a tool that would allow the public to participate in the Development Code process and at the same time, hopefully, present some valuable information to us. That was my thinking. Letmaan/OK. Are there comments by the Council? I mean, this is, Bob, you and I saw--there are 80 pictures--and I think the people watching those pictures will have 30 seconds or so to give a positive or negative reaction to the pictures as they go through. And then staff will tabulate those results. Atkins/And then there'll be a statistical analysis performed showing what preferences are. It's preference. That's all it's expressing. Vanderhoef/My concern is certainly how we get our pool of folks to come to the sessions and whether that would be statistically representative of what our community looks like. And if it isn't representative of my community, then all the statistics that we get from the folks who come still don't mean very much to me, and to hire a consultant and do all of that, I truly am not very interested in this particular process unless we can work it out in another fashion that will have statistical analysis of our city. Bailey/But I think sometimes that's the way public input works. I mean, I have no guarantee of statistical representation, I mean, unfortunately democracy often works like that. I--this caught my attention because first of all I'm a very visual person, and second of all, I like This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 16 the possibility of public input in what I would say an accessible way to something that we don't always understand when put into terminology and code and zoning and those sorts of things. And I think it will be a good opportunity to get public input and then if we go forward with this, it behooves all of us to get those people whom we feel represent our community to this process. I mean, there are ample, I think, opportunities. They're doing four sessions, and I think that that would be one of our tasks, if we feel strongly about getting a representative sample. I think one of the things we should encourage is communicating this (can't hear) Wilburn/I think also it's--- Dilkes/You know, this isn't on the agenda, and I think we have the same problems. I hate to cut some of you off and let others go. But it's not on the agenda, and you should schedule it for a discussion if you want to talk about it. O'Dormell/I think we should. I'm not going to comment on this but I think we should put this on a work session and speak about it at the next work session. Elliott/I'd be in favor of that. O'Donnell/Because I have a couple of comments also. Wilburn/That's fine. Lehman/OK. Elliott/Emie? Champion/I think that's a great idea. Elliott/Can we have more Council time? Lehman/Yes. Elliott/OK. I voted for the budget obviously and I said coming into this that during the budget process I was going to certainly go along with the majority of the Council, because I'm on a learning curve and Bob Elliott is not the brightest person in the world and it, learning does not come easily to me. But I would hope that the rest of the Council would agree that we could work with the City Manager later this year because I would certainly like to see a fire station on the north side and staff for that fire station and that we do whatever it takes to get it there, have a timeframe and start working toward that. Lehman/I would suggest that you make that comment tomorrow night when we vote. Champion/We are buying the land, right? This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 17 O'Donnell/And I agree with you on that, Bob. Atkins/Yes. We are pursuing the purchase of the land. O'Donnell/We need to be moving in that direction. Atkins/Yeah. Lehman/Anything else for Council time? Wilburn/I have a (can't hear) and I will probably say this tomorrow night, too, that, I don't know if you've been following in the papers, some of the--or in the news--some of the issues that other cities are facing relative to budget, and so, kudos to the City Manager's staff for last year making a recommendation to planfully manage our way through some of the tight times, look, and even Davenport I saw in the paper, their initial proposal with the budget was to eliminate 31 positions, including police and fire along with a 48 percent per thousand assessed value increase in their property tax. And then today I saw that they decided they're not going to eliminate those positions but they're going to increase their property tax further. So, you know, there are other neighboring towns I've seen, so again, just--- Atkins/Thank you. Wilburn/Great head's up so--- Elliott/Very ~vell said. Champion/And they have a 1 percent sales tax and a gambling tax. Wilburn/And gambling. Elliott/Yes. Champion/They should be rich and well-to-do. Lehman/Maybe gambling isn't the answer. (Laughter) O'Dormell/And, Steve, we should send a letter out to the road crews. Some of these potholes are truly caverns now. Atkins/Yeah. O'Donnell/I drove in and out of one on Park Road and--- This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 18 Lehman/Yeah, you're four-wheel drive. You can do that. O'Donnell/I need that. Atkins/Remember one thing we're doing in the budget is that we're purchasing a new piece of equipment for next winter where it actually will heat the asphalt spot we put it in. Right now we use something called cold patch, just to kind of, and it's intended to make them last longer. It's not going to make it a lot smoother but it will take away--and some of the worst, for example, Rochester is scheduled to be taken care of. Yeah, it's a little ragged. O'Donnell/Well, they're doing a great job. Atkins/Yeah, a little ragged. Elliott/It looks like we're going to use City Council members to fill the potholes perhaps. Vanderhoef/There's one I could take a stand in it for sure. Atkins/(can't hear) you behave yourself. (Laughter) Lehman/You mean, City Council members to put filler in the holes or to use us as filler? Elliott/No. Vanderhoef/Just pound us in. Lehman/All right. Any other Council time? Bailey/I have one thing--- Lehman/Yes. Bailey/...that I'd like to bring forward. With this new recycling coordinator and emphasizing our recycling program, I'd like to see some opportunity to have recycling available at our downtown festivals, particularly plastic bottles, because so many organizations sell water, which is very important at summer festivals. But for some of us, it would be great to have a container to put that in. Champion/It might be a good idea to have a few of those downtown all the time. Bailey/I wouldn't argue with that. I think it would be terrific as somebody who carries my water with me. O'Donnell/Good idea. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 19 Vanderhoef/! think what it would save is a lot of people, I shouldn't say a lot of people, but people pawing through the trash looking for bottles. Bailey/So--- Lehman/Good idea. Atkins/OK. Lehman/OK. Champion/As long as we're talking streets and I'm really running pretty quickly tonight, when do we clean the streets? Atkins/We will start actual sweeping spring break. Champion/Oh, good. Atkins/It's very much weather-related, Connie. What we try to do is, economically, you want the students in town. When it comes time to clean the streets, we want them out of town, and so we wait until springtime to start that. But we will--you'll probably begin seeing certain streets designated for cleanup. Lehman/Or a good heavy rain would help a lot. Champion/Not heavy enough, I don't think. Lehman/No. Atkins/Well, the problem is if we get a pretty hefty snow, it just pushes us behind. But that's our plan right now. Lehman/Okey-doke. 12. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PRO}IIBITIONS AND RESTRICTIONS," AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," SECTION 2, ENTITLED "PROI.IIBITED ACTIONS IN PARKS AND PLAYGROUNDS" TO ALLOW FOR THE SALE, POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUMSTANCES PURSUANT TO A WRITTEN AGREEMENT WITH T}IE CITY. (FIRST CONSIDERATION) Lehman/Riverside Theatre alcohol sales. We are scheduled to act on this tomorrow night, I This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 20 believe. There is a memo in the packet from the City Attorney. Comments? Champion/I thought the ordinance was good. On the other side, I'm totally for it. I thought it could be a little broader. For instance, I think, I don't have my computer, but what do you call that--oh, good. Nonprofits that hold regular activities in the City Park. To me, that really limits it to the Riverside Theatre and that's really why this ordinance is here. But what about nonprofits that hold an activity in a specific place every year who might want to set up a beer tent? Vanderhoef/Give me an idea. Champion/Our Jazz Fest. Arts Fest. Lehman/May I suggest we have an ordinance that we arrest people for having an open container downtown and we now want to sell--- Champion/Oh, it'd have to be in a confined area. They'd have to have a beer tent. It'd have to be in a confined area. It wouldn't be just on the street. I mean, we allow sidewalk cafes to have alcohol because they have a fence. Lehman/Right. Champion/So, well, you know, that's an open container. I mean I think this is, well, but I just think about--I mean, Iowa City, despite our big alcohol problem, has always been very uptight about alcohol. But if you go to any city, all of those things, you can buy a beer or a glass of wine along with your bratwurst, but it's always in a fenced confined area. It's not just--well in Chicago it's everywhere--but you know what I'm saying. That I think it would be a real boon for a lot of our cultural things that draw big crowds. It might help them with their financing. I mean, I know it's a quarter in most bars, but you could charge a dollar, I bet. I'm just throwing that out. Elliott/What bars have you been going to? (Laughter) O'Donnell/When was the last (can't hear) Bailey/What kind of beer do you drink, Connie? Champion/You can get a shot and a beer for a quarter before 7:00 a.m. (Laughter) Champion/I didn't really say that. But I mean, I think if we're going to loosen this up a little bit, let's, you know, let's loosen it up a little bit. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 21 O'Dormell/I thought we were going to be more inclusive on this ordinance. Champion/That's what I'm saying. O'Donnell/I know, but--- Lehman/I think we've--- O'Donnell/You were also talking about a quarter beer. Lehman/I think we really--- Champion/I don't drink beer. Lehman/I think we really indicated that it was basically to cover the Riverside Theatre. Now, if we want to make it more inclusive, obviously we can do that. O'Donnell/Well--- Vanderhoef/Another armual thing that came up, I was trying to think today of other things that other groups that might, that are consistent in, like you say, on an annual basis. And the one that comes up and, Terry, shoot me, but Regina always has--- Champion/A beer tent. Vanderhoef/...requested the use of that open field in Hickory Hill Park for ballgames. It's adjacent to their property. And that would be one of those confined areas that I could believe that they might come and ask us for permission to sell beer out by the ball field. Atkins/Just informational--- Vanderhoef/No, it's reunion weekend. Atkins/...they don't use that area anymore. Vanderhoef/Don't they? Atkins/No. They were supposed to use it one year and after about seven or eight years--- Vanderhoef/I know. Atkins/...we planted a prairie there, so we don't let them mow that for a ball field anymore. O'Donnell/That went out with the quarter beers, didn't it? (Laughter) This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 22 Vanderhoef/OK. Atkins/I'm still looking for those. (Laughter) Vanderhoef/So that isn't a possibility. Well, the expansion that I had thought about, Connie, was if we were going to allow it in a City park, we have two locations that are on City property but not in parks. Adjacent to a park perhaps. But the new conference area in the water plant that could be leased, rented for--- Kan:/Private party. Vanderhoef/...and whether we should look at having alcohol served in that location. The other place that I have thought about was the conference room at the airport. And presently we don't allow any place in our City buildings. Champion/But that wouldn't be, they wouldn't be selling alcohol. This is about selling alcohol. Vanderhoef/Well, they might, you know, when they have an airport fly-in. Champion/All we need is the pilots drinking. (Laughter) Lehman/It's illegal to drink and fly. Vanderhoef/When they have the pancake deal that goes all day long out there. Lehman/Nice family affair, we're going to have kegs at it now. Vanderhoef/No, I'm thinking up in the conference room. Elliott/WelI, this covers both selling and consuming, fight? Lehman/No, this covers selling. Vanderhoef/No, this is just selling. Elliott/Because you cannot now consume. Lehman/But this would not allow consumption as you--- Elliott/Why ~vould you sell it if you can't consume it? Why would you buy it? This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 23 Dilkes/It allows consumption by those who purchase from those allowed to sell. Elliott/Yes, right. Lehman/Boy, there you go. Elliott/! was one of those who wanted a much, not much more, but certainly I didn't want it limited to any so-called elite group that I would--as a matter of fact when Connie was talking about what she preferred--you'll notice I had it highlighted. Champion/Oh, is that what that was? Elliott/Yes, you call those highlights. Champion/Thank you. I'm not used to modem conveniences. Lehman/You're still on quarter beer. Elliott/I don't know that I go along with only nonprofit corporations and only regular activities and specifically not including weddings. I don't see why if somebody wants to have a wedding reception at City Park they couldn't have some alcoholic beverage. Dilkes/This is certainly all within your discretion. It is written the way it is because at your last meeting, the only common ground that I could find among you was that you wanted to allow Riverside to deal with this. So it's written in a way that will allow Riverside and those who am as similar to Riverside as I can get them to do this, and in the memo you can take any one of these things and you can expand it or you can constrict it as you--as four of you--see fit. Elliott/I think you've done a marvelous job with that mess of opinions that was fed to you at the last meeting. Dilkes/Well, I just--you know--I'm just, it's really up to you all. O'Donnell/I think we've all agreed that Riverside will be able to do this. Lehman/Not all of us. O'Donnell/Huh? Lehman/Not all of us. O'Donnell/Most of us have agreed that Riverside will be able to do this, but I'm leaning Bob's way now. I can see a family picnic or a wedding or something. It's never been against the wall for somebody 21 to consume alcohol and if you do it responsibly and that's all we're asking. All of the parks again in the surrounding areas have--RAGBRAI comes in there's This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 24 beer tents set up, at Regina Fall Fun there's a beer tent--and--- Dilkes/OK, I think we're talking about a couple different things there then. We're talking about do you want to expand it to those entities that don't hold regular activities in a park but hold an activity in the park and can get a liquor license and can indemnify the City and provide insurance. That's one issue--regular versus not necessarily regular. Regular kind of means affiliated with the City. We give them control over our property on a regular basis every year like we do with Riverside. So, regular versus not necessarily regular, like a wedding. The other issue is--this is talking about allowing sale by an entity that can obtain a liquor license and cml provide indemnification to the City and can provide insurance to the City versus just allowing consumption in the parks. Champion/Maybe it has to be--- Dilkes/You know, not sale, but consumption in the parks. And that's the other issue, it seems to me, that you've identified here. Elliott/Do you have any warnings for us? You know, you've been very good about saying, "Here's what ! gathered from what you were talking about last time. You're welcome to change." Do you have any warnings and concerns about anything that any of us have said up here from a legal standpoint? Dilkes/No. I think the Risk Manager I can tell you will have concerns about expanding this beyond an entity that can obtain their own liquor license, obtains their own dram shop insurance, can indemnify the City and provide liability coverage to us. That's a whole different issue, I think, from a liability perspective than just allowing alcohol use in our parks. Bailey/And that's something I was going to speak in favor of this ordinance concerning. It's narrow enough that there are entities that there will be ramifications beyond. We won't have just alcohol sales at the park. There will be public perception ramifications if something goes awry. So it balances interests pretty well, even if we expanded it to other not-for-profit entities or other entities that we can identify who are regularly here and doing business in our community as opposed to people who have an event and want to have alcohol catered in. I think that there will be other challenges associated with those kinds of--- Elliott/! think that's helpful to me. I see now where my thought about perhaps the wedding reception, there are some aspects to that that might be troubling and/or troublesome. But I do kind of like maybe a beer tent at the Jazz Festival or something like that. Champion/So that would be somebody that does business with the City, they use our property, they do it on an annual basis, they would meet the criteria that Riverside Theatre meets-- don't you think, Eleanor? Dilkes/The Jazz Fest example that you're giving? This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 25 Champion/Yeah. Dilkes/The thing that we would probably have to do with the way it's currently written for Jazz Fest is expand it beyond the parks to the streets and public buildings. Champion/Yeah, and I think--- Dilkes/But I think that otherwise they would qualify. Champion/And so maybe that's one place to start because they could get a liquor license, they could get insurance, that word you used--- O'Donnell/Dram shops. Karr/Indemnify. Champion/Indemnify the City or whatever. I mean, they could do that, whereas an individual probably would not be able to do that. Dilkes/Right. Atkins/Just a word there. There is one way that the Jazz Fest wouldn't qualify that Riverside does. The way it's currently written is that it's a ticketed event. Champion/No. Atkins/The Jazz Fest is not a ticketed event. Champion/No. Oh, I see. Bailey/Right. Atkins/The way it's currently written, it's for ticketed events. Dilkes/That's exactly right. Elliott/But that could be handled? Dilkes/Mm-hmm. Elliott/I think it's also fair to point out that I have probably received more comment and more suggestions, if you will, against this than I have for it. Champion/Oh, that's not true. I haven't. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 26 Bailey/I haven't. Elliott/I have. Lehman/I have. Elliott/I've had people who have said you're spending so much time talking about the alcohol problems in Iowa City and now you want to make it more prevalent. I don't agree with them--- Champion/It's not against the law to have a drink. It's not against the law to have a glass of wine. Wilburn/I guess I was looking at this as--I like the way it's written. I have one question that I'll ask here in a minute. But because of some of the concerns related to alcohol in the connnunity, I was looking at this as a limited way to broaden that, we'll see what happens, let's get some experience with it, and then perhaps we could look at some of the other uses, the way I was looking at it. My question--and I'm sorry--I read through the memo thoroughly and I skimmed through the ordinance part. Would this be an annual thing that they would have to come to the City or would it be, we pass a resolution and you go at it? Dilkes/No, you're going to have to. There's going to have to be an agreement between the entity and the City that the City Council will pass on. Now that wouldn't necessarily--the license is going to have to be at, you know, annually or less, but no more than annually. But the agreement could be multi-year. Wilburn/Well, actually, I was looking at it, that if it were an annual type of thing, then if there were a problem, it would seem to me ~ve would have more flexibility in saying, you know what, this got out of hand one year, we're not going to renew this. As opposed to like the progression of penalties that we have to do with some of the bars that--- Dilkes/You're going to have to pass on a liquor license every year. Wilburn/Right. Dilkes/The minimum. You can certainly, we could make the agreement annual--require it be annual. Wilburn/I guess what I'm getting at, my point is, would we have more flexibility in, if this were a problem and Riverside and the theatre or any other group which fit this category, would we have more leeway in saying we're not going to issue this to you because of these problems last year as opposed to denying a liquor license to a bar that--there have been times when there have been problems at some bars and the things that were problems, we weren't actually able to consider or they were able to appeal to the state. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 27 Dilkes/You certainly have more discretion in the granting of the agreement or there's much more flexibility in granting an agreement. Wilburn/Right. That's what I was looking at as favorable. Dilkes/And I think in terms of Riverside because we don't know the definite dates--correct me if I'm wrong, Terry--but we don't know the definite dates every year that they're going to be, they're going to have control of the theatre, that it would probably be an annual. Tmeblood/That's right. They have closed but they have varied a little bit each year. So right now we don't know the definite dates for the following year. Kart/IfI could maybe clarify just a couple of things. If we could liken this, though it be different but procedurally similar to how you handle sidewalk cafes right now. TAPE 04-24, SIDE ONE Karr/...annually and there are certain restrictions and certain procedures we follow for issues there. When it comes to the use of the public right-of-way, that's a separate agreement and a separate resolution that the Council considers. And you have more latitude with that agreement than you do with the interior premise. So maybe that would be another way of looking at. Dilkes/We can certainly have the ordinance, if you desire, to require an annual agreement--- Champion/Yeah. Dilkes/...because you can imagine some situations where it wouldn't have to be an annual agreement. I mean, if there's, if an entity has control of the property the same dates every year at the same times every year, we wouldn't necessarily have to do it. But the ordinance could require that. And that makes some sense. Vanderhoef/And they have to show their insurance every year and give us the dates and all that stuff, so doing it annually probably is the best way to go. Lehman/How much of a time constraint are we under? Do you know, Marian? I mean, what's the time period it takes to get a liquor license, get it approved, and all that sort of thing? Karr/If we were strictly looking at Riverside Theatre only--- Lehman/ Right. Karr/OK? That's a very different entity because they also have an establishment on Gilbert Street as well. So, they could apply for that liquor license sooner than the ordinance and then transfer locations, which is different than other entities. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 28 Champion/Right. Karr/I just wanted to clarify that. Riverside Theatre has some options that other entities may not. I can already tell you we've been approached by another entity that is watching this for a downtown festival, wondering if it's going to be opened up this summer. So, again, I think Riverside Theatre is not under a constraint fight now for the Shakespeare Theatre component because they have another establishment that they could get. But, again, that may affect whether they apply for that one as well, depending on--- Dilkes/Well, and they can't apply for their license at the park until they have an agreement in place with us. Karr/Right. Dilkes/They have to show control of the area in order to get their liquor license for that location. So, we have to get, I mean we have to get the ordinance passed, and we have to get the agreement. We're working on the agreement right now but we have to get that in place and through you all before they certainly can finalize their license for that location. Karr/For that location, but they could get their Gilbert Street without it. Lehman/Is Council interested in moving forward for first consideration for tomorrow night or are we looking at making changes to the proposal? Champion/Well, I'm interested in getting it going, and maybe Ross's idea of doing this very limited like it is, and see how it goes is not a bad one. Lehman/Well, I mean, if we, I hear a lot of different discussion. And if we're not interested in pursuing this the way it's written, I think we need to let Eleanor know what kind of changes we're thinking of. On the other hand, if this is something that we want to go ahead and proceed with and then at some point in the future, make changes, we can always do that. Elliott/I think this is modestly inclusive and I can go along with that as a first step and as a means of testing the water and see how it goes. Vanderhoef/Well, the only thing that just hit me when Marian said there is interest for something at a festival, that would be an entirely different kind of location than what we're talking about at Riverside. So if we wanted to do anything in changing this and having a test site at one festival this year or something like that and one out at City Park, maybe this is the time we should talk about putting it into this ordinance. Bailey/So, if we added "streets" to this, would that be a substantive enough amendment that we would have to start a--- Dilkes/Well, I could probably do that before tomorrow night. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 29 Champion/No, we wouldn't--- Dilkes/And you could do your first reading tomorrow night. Bailey/So if we added streets, the quick, wouldn't that--- Dilkes/I just could add City property. Bailey/...and that would provide the opportunity for downtown festivals to be included in this ordinance. Is that--- Dilkes/Yes, I'd have to--I'll look at it and make sure there's nothing else. But, well, and the ticketed issue that Terry has talked about. Champion/Well, the ordinance doesn't say "ticketed." Dilkes/Yes, it does. Lehman/Yes, it does. Dilkes/It has to be to patrons and they have to control--the idea was that the entity would be controlling the space and controlling those persons who had access to the space. Champion/Right. Dilkes/Now, I suppose you could do that with a beer tent and so we might leave that requirement in. It might not affect it, but I think we could make--I mean we could make that limited change by tomorrow. Bailey/I'm interested in seeing streets added or public property added. Champion/I would support that. Bailey/I don't know if there's anybody else. (can't hear) the downtown festival. Vanderhoef/Let's see if we can try one this year. If there is some--- Bailey/ So, let's add it? Elliott/Are the people who put on the festival, are they incorporated? Because this does say it's nonprofit. Dilkes/Mm-hmm. It does. Atkins/Arts Fest I think is. This represents only a reasonably accurate h'anscription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 30 Dilkes/I don't know. Atkins/I don't know. I think Arts Fest is but I'm not sure about Jazz Fest. Wilburn/Yeah, they're nonprofit. Atkins/I would think they would be. Elliott/OK. Atkins/Yeah. Dilkes/Well, they're going to have, if they want to get a liquor license, they have to be either, you know--- Atkins/Somebody has to do it. Dilkes/Of course they could get it as an individual. Atkins/Yeah, you're right. Champion/OK. Dilkes/So, what about buildings? So, but just--not buildings? Champion/Just outdoors. Dilkes/Just outdoor property? Champion/I mean Dee's suggestion is valid but I think that's a whole different ordinance. Vanderhoef/It may be a different ordinance. Champion/Yeah, and, you know, I think yours about City Park with weddings and things, I mean, I think it's good we don't allow alcohol in our parks, but you know what, it's there. So if we have a rule that you can't have alcohol in the park, it's not being enforced. It certainly isn't what's happening. I mean, go to City Park on the Fourth of July or any Sunday afternoon, there is alcohol at City Park and probably all of our parks. So, again, we have a law that isn't being enforced or is unenforceable. So I think it's something we do need to look at from a safety standpoint. Elliott/By saying outside, is a tent outside? Dilkes/We'll probably say something like streets or roads and right-of-way. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 31 Elliott/OK. Champion/They have to be confined. Wilburn/Unless you're a kid, that sets up a tent up inside. (Laughter) Dilkes/I mean, I think the agreement will have to come back to you and then you could, for instance, if some entity wanted to have ten beer tents or something downtown, you could say, "No, that's too many; you can have one." You know, you will have an additional control at the time of the agreement. Elliott/Are you feeling comfortable with the direction that we're going and what you would have to do--are you feeling comfortable with what the end result will be? Reasonably so? Dilkes/What you want to do for tomorrow night? Sure. Elliott/Yeah. Champion/He doesn't know the end result. Lehman/OK. SCATTERED SIDE HOUSING COMMITTEE Lehman/Scattered Site Housing Committee. Oh, we've been asked to take a short break. (BR~A~) Lehman/The next item is the Scattered Site Policy for Low- and Moderate-Income Households. This was a--we had a memo from Steve dated February 13th indicating that there is a committee being formed. Matt Hayek, who is chair of the Committee on Community Needs, isn't that correct? Vanderhoef/Housing and (can't hear) Lehman/Right. Atkins/It used to be about a hundred years ago, the Committee on Community Development. Lehman/Well, that's when beer was a quarter, too. (Laughter) Lehman/Anyway, Matt has agreed to chair that committee. I visited with Matt--Dee and I both visited with Matt today--and with the permission of the Council, we had suggested to This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 32 him--and I think this needs to be, the makeup of this committee I think is pretty important. Champion/It's very important. Lehman/We suggested that there needs to be a minimum of two people representing the school district--either Board members or someone designated by administration. That the United Way of Johnson County needs to be represented because they work with so many of these agencies. Dee indicated that it would be important that someone from the Board of Supervisors also be involved because of their involvement in human services. Obviously, we will have Steve Nasby from our staff and the Housing Director for the City. Vanderhoef/Steve Rackis. Lehman/And I would really--the way we kind of left it today--or my conversation with Matt was to come back to us with a--oh, and Dee also indicated some interest in having a Council person. I don't have a strong feeling on that one. Champion/I don't think we need to. O'Donnell/No. Lehman/But what I'd like to do with the concurrence of the Council is to have Matt come back to us two weeks from tonight with his vision of who's going to be on that Committee, what their focus is going to be, and I also think we need to give that Committee a certain amount of leeway in determining their own scope. I mean, we do have a concern obviously with concentrations of low and moderate incomes in certain areas. But that is perhaps just the tip of the iceberg, and I think that Committee needs to have the latitude to look at kinds of things that caused that and look at the bigger picture. But that's kind of where it is. And--- Elliott/Emie, I have two questions or one question and a suggestion. The question is when you were reading offor when you were reciting what positions might be represented on that, how many were there? How many positions? Lehman/What, eight? Vanderhoef/No. Atkins/I'll get that for you. I've got two schools, one United Way, one Board of Supervisors and three members from the Housing and Communitiy Development Commission--that's seven--and then you've got Nasby and Rackis--you have to decide on whether they're actually seated or they're ex officio. These two people will do most of the staff work for them. Lehman/Right. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 33 Atkins/So, you have a seven-member committee loosely fight now. Lehman/And are there other people who should be on that committee? Champion/Well, I think--I'm not so sure you need three people from the Commission. What about just a developer in general? Isn't that going to be important? Lehmm~/Karin? Franklin/I guess I would suggest that you have the staff be ex officio or resource people, and just the thought occurred to me because Zoning may come into it, would you want some, one person from Planning and Zoning possibly? I don't know. Elliott/I have a question. Ex officio--- Lehman/ No, that's--- Elliott/...means by nature the position; it does not unless stated mean "nonvoting." Atkins/Nonvoting. Franklin/Nonvoting ex officio, yes. Vanderhoef/And that was my thinking on a Council person. It's sort of like we have an Airport Commission and yet we have a Council Committee that does the liaison between the Airport Commission and Council. And I thought perhaps have one person from Council follow through the entire proceedings in a nonvoting way. O'Donnell/I don't have a problem with that. Atkins/You said the Council was nonvoting? Vanderhoef/Nonvoting. Elliott/Yes. I would, if a Council member were to be on there, I would suggest that it be nonvoting. Vanderhoef/Nonvoting. Elliott/My suggestion was, Ernie, the second part was that I would hope that this Committee would come back with a recommendation on scattered sites, and at least identify related issues. Lehman/Oh, I think--- This represents only a reasonably accurate transcription of the Iowa CiW Council work session March 1, 2004. March 1, 2004 Council Work Session Page 34 Elliott/Perhaps not come with recommendations on related issues, but to at least identify issues that they feel are related and need to be addressed. Lehman/Right. I think that they will. Bailey/I have a question about having a Council member on. What are you thinking as the purpose of having a Council member on this group? Vanderhoef/As a liaison to Council as we go through the process. Champion/I don't think it's necessary, I mean--- Bailey/ I don't necessarily have a problem with that but if we want this group to work in an independent sort of fashion and come back with a sort of, their best ideas, wouldn't a Council member suggest some direction? I mean, even if they sit--a Council member sitting on this Committee may suggest direction or interpretation or be seen as speaking for the Council or what the Council wants. And wouldn't we get a more, I don't know if objective is the right word, but a fresher perspective from this community if we heard their presentation all at the same time rather than sort of through somebody else's interpretation. Vanderhoef/What my thought was in this process and just in visiting with Matt, I had visited with him last week and then again today with Ernie, and it's from the perspective of a Council person we may look at things differently than staff looks at that. Bailey/Right. Vanderhoef/And that the perspective of a voting Council member to offer have you thought about this? Bailey/Right, and that's exactly my point. At what point do we want them to think about how a voting member of our community would--- Vanderhoef/But these would be things that we have perhaps already had to face. Champion/I don't know. I think you would be expressing your view as a Council person, not yours personally, but the Council person. Bailey/The Council person. Champion/And we don't act as individuals but that individual's statement or philosophy may be what the Committee thinks the Council--because when you speak, I mean, you're only speaking for yourself but people think you're speaking for the Council. So, I agree that, I don't think we should have a Council person on it. Dilkes/You know, one point that I make is that the way you're envisioning this Committee is This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 35 going to be a governmental body subject to the Open Meetings law and there will be minutes and anybody can attend and listen and there will be minutes for you all to review. Elliott/I think that Dee and Regenia have both expressed reasonable thoughts. I would, first of all, I think that Matt Hayek to lead this Committee, is just an excellent choice and I'm so pleased that he's willing to do that. I'd kind of like to hear what he thinks, what he thinks about what would be most helpful and most beneficial to this Committee. Lehman/Well, could I suggest that we kind of mull this over for the next two weeks. We'll have Matt here next, two weeks from tonight, and we will then go over the makeup of the Committee and to some degree the charge and with, as long as we reach concurrence, then we will tell those folks to have at it. Wilburn/I have a concern I'd like to express. Lehman/Yes. Wilburrd In moving or allowing flexibility beyond scattered site, I have a couple of concerns. I would need to hear a more clear articulation as to what problem would be addressed in order to keep the scope narrow. And you're asking a group of folks to come and explore and examine an issue that really, depending on what the possible solutions might be, are going to be, could potentially be pretty charged. This is a good chunk of stuff here, the scattered site housing, but it's also one that has been identified and clearly identified and mentioned to the Council in some private conversations with another govemmental body, the School Board. It came up in a big community forum, you know, Bob you were at that too, that the School District had a lot of folks into, and that was the one clear issue related to housing was about scattered site and the potential impact with schools. So, I guess I'd need to hear a little stronger justification as to what other issues in order to broaden it beyond scattered site. Lehman/You know, Ross, I think really I don't know what they would be or if they would be. I think it's a matter of in their deliberations relative to scattered site housing, if there are issues that come up, not that they make recommendations on those issues, but come back and tell Council these are issues that we think you should look at. I don't expect that we would ask them to make a determination, but if they see something that they feel is, needs attention, because of their work on scattered sites, and choose to bring it to our attention, I don't have a problem with that. But I think their charge would be specifically scattered site housing. There may be other issues that have an effect that they would wish to identify to us. Wilburn/If they wanted to identify those, I'd have a problem with with, but I would clearly want their time and energy, the bulk of their time and energy related to discussing scattered site because of the reasons I said before. Elliott/I agree. That's why I thought we would like them to get from here, there is a problem that This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 36 is identified, to their recommended way of addressing it. Along the way, what they perceive as related issues at least they could bring those to our attention, say, we feel that these need to be addressed. And I think what you're alluding to is this is not only a very important question that we want to have addressed, but it's an extremely delicate question and everything about it has delicacies of wanting to do the right thing. Atkins/You're very right. Lehman/Well, let's be thinking about these things and to (can't hear) tonight we will try to finalize it and get it on track. Atkins/OK. Just before you move on, you've left it with just sort of creating a target for you, two from the schools, one United Way, one Board of Supervisors, one from Housing and Community Development. So you have five people that you have some reasonable consensu on. Lehman/And that Committee may choose, they may find that there's an area that we have not envisioned that they want on that Committee, and certainly I think they should have the ability to expand that Committee. Atkins/And then Steve and Steve, both ex officio members. Lehman/Right. Atkins/And you haven't settled on the Council thing yet. That's sort of--I'm just, when we leave here, that's where we are. Lehman/Right. O'Donnell/Were we not going to put somebody on from Planning and Zoning, Steve? Lehman/Well, I think that's, I don't have a problem with that. Atkins/Karin suggested that. It's up to you. O'Donnell/Yes, I think it's a good idea. Atkins/That would take you to six members now, a P and Z member. Franklin/Don't you have three from HCDC? Atkins/Just one, that's all that's agreed to. Franklin/They appointed three. Atkins/They have. Council's only indicated one. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 37 Franklin/Oh, OK. Atkins/Matt is the chair. Champion/Three seems like a lot. Vanderhoef/Well, they agree it's too many. Franklin/From HCDC. Bailey/People interested in working on this question--- Franklin/OK. I just wasn't clear on that. Vanderhoef/And two might be OK. Atkins/What I wrote in my memo was to give you something to work with. Elliott/Mm-hmm. Atkins/You've clearly rejected that out of hand and moved on to-- Elliott/No. Lehman/That's right. You said that clearly. Elliott/We just differed a bit. Lehman/I see. Atkins/So, schools, United Way, Board of Supervisors, and Housing and Community Development Cormmission you settled on. You've not settled on the other--and the two ex staff. That's where you are now. Lehman/Yeah, but I do think we're going to--Matt will be chair and there needs to be at least one from his Committee. There were two I think that were appointed. He said he could live with two or one. I think there has to be one. Atkins/Well, I just, as you leave here, you want to have in mind sort of where you are and you can wrap this decision up next time. Lehman/OK. Bailey/Mm-hmm. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 38 Lehman/OK. Atkins/So, I'll have it on for Monday night and want Matt Hayek here? Lehman/I think Matt should be here, yes. There may be questions that Council will have for him. SUMMER SCHEDULE Lehman/Summer schedule, Marian. Kart/You received a memo in the packet regarding the summer schedule and a request from Council member Vanderhoef to take a look at the schedule. I included a current schedule utilizing the first and third Tuesday and wondering if there was any desire to make any adjustments, especially through the summer months. Champion/I have an adjustment I'd like the Council to consider, is the 16th and 17th of August I will not be in town. I will be at a wedding. Lehman/Can we go to the wedding and have a meeting there? Champion/Yes. O'Dormell/Where is it? Champion/It's going to be a good Italian wedding in New Jersey. Vanderhoef/And they'll serve quarter beers. Elliott/Yeah. Lehman/I don't have any problems except the first week of June I will not be here. Yes, I will be here the first week of June. Karr/Yes, you will be. O'Donnell/I don't have any problems. Lehman/I really don't have any issues. Karr/We really do need to as much as possible, if we could nail it down, it would be appreciated. Lehman/Do we have problems with March? (Laughter) This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 39 Kart/No. Lehman/March is OK. What's April? Karr/April's fine. Lehman/April's fine. May? Karr/We're fine I believe until-- Lehman/June? Karr/June 1. Is there any interest--May 31 st is a holiday--do we wish to combine the work session and the formal on June 17 Champion/Yes. Lehman/That's fine. O'Donnell/Good. Kart/OK. May 31 is canceled. Lehman/Right. Karr/And we'll combine it to June 1. OK? Elliott/Marian? Karr/Yes. Elliott/I'm sorry. Well, I am sorry--many people said I'm one sorry son of a gun, but I didn't get my book out until just now. Would you go, would you recap that? Karr/OK. We've canceled May 31 st work session and combined it with June 1. Elliott/OK. Karr/So we'll start early June 1st. Lehman/Right. That's the first change. Karr/Right. Elliott/Mm-hmm. This represents only a reasonably accurate l~anscription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 40 Kart/Then we are scheduled for Junel4 and 15. Does anybody have a problem with that? Lehman/It works, OK. Karr/OK. Then the next one is July 5th, which is a holiday, and the 6th. Do you wish to meet the 5th, that's a Monday, of course, for the work session or to combine the 6th or reschedule July at all? O'Donnell/Combine the--we could reschedule July. Vanderhoef/But what I would request is just one meeting in July. Champion/And one meeting in August. O'Donnell/That's fine. Bailey/I'd love it. O'Donnell/We could always call a special meeting. Karr/So--- Vanderhoef/Well, I am going to be gone in July and ifI miss one meeting, fine. I was going to try and extend this time while I was gone--- Elliott/Which of the two July dates do we want then? Champion/What's going to work with you, Dee? Vanderhoef/I am going to leave on the 7th of July and I could be back by the 19th but it'll be awfully tight. I'd rather move it to the later date--- Champion/So why don't we combine--- Vanderhoef/...to the 26th. Karr/Combine July 5th and 6th into July 6th? Champion/Yeah. Karr/Cancel the 5th? Lehman/Sixth would work. Champion/Yeah. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 41 O'Donnell/That's fine. Champion/Do July 6th. Elliott/So, 6:30 on the 6th? Karr/No. Lehman/No. Karr/It has yet to be determined on the 6th because it'll be a combined work session and we won't know. We just know we're not meeting Monday. O'Donnell/That's a YDT. Karr/TDA. Vanderhoef/Well, if we're going with just one meeting, that's fine--- Elliott/You people hurt my head. Karr/Then in August--- Vanderhoef/...because then I can--- Karr/In August we'll keep the 2nd and 3rd. Champion/Perfect. Kart/And cancel 16 and 17. Champion/Perfect. Kart/Is that--- Elliott/We're doing July 19 and 20? Karr/No. We have one meeting in July. It's the 6th. Elliott/OK. Karr/We don't know what time yet. Elliott/And we're canceling August? Karr/And then we have nothing in July but the 6th; then we're going to August 2nd and 3rd. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 42 Elliott/OK. Lehman/You mean the second and the dates 2nd and 3rd. O'Donnell/(can't hear) get this all down for you. Lehman/If we find that we have a problem, we may have to have a second meeting. Karr/And then we will be to September. Elliott/OK, so August 16-17 is gone. Karr/Correct. And we'll write up another memo for you on this. Lehman/Unless of course we have to meet and then we're going to go to New Jersey. (Laughter) Champion/I hope to be gone totally. Lehman/We'll go to New Jersey for the meeting. Champion/Yeah. Dilkes/No, you won't. Lehman/We will not go to New Jersey for the meeting. Champion/Proably we won't tell you. Lehman/Then I know we won't. (Laughter) Elliott/September 6th-7th? Atkins/September you're back on track. Karr/September you've got the same issue with the holidays. Bailey/Labor Day. Vanderhoef/Would we like to just make it a three-week and do one August 30-31 and then totally skip the Labor Day weekend? This represents only a reasonably accurate U'anscription of the Iowa City Council work session March 1, 2004. March 1, 2004 Council Work Session Page 43 Karr/And then resume again 20 and 217 Vanderhoef/Mm-hmm. Lehman/That's far enough away that I can't--- O'Donnell/That's too far away. Lehman/I can't envision it that far. O'Donnell/I don't know what I'm doing tomorrow--- Lehman/We got through July 6th tonight. I think we did really good. Karr/No, we got through August 3rd. Elliott/It's nice for those of us who like to map out our summer. O'Donnell/We had to go through it twice tonight. Karr/OK, so is there any interest in--- Elliott/In August 30-31 ? Karr/August 30-31 and then September 20 and 21 ? Elliott/Yeah, I like that. Karr/I'll do a memo and we'll see. I'll pass it out tomorrow night. Bailey/The 21st of September is Ross's birthday so we can plan on (can't hear) Karr/OK. Lehman/The only thing is if we run into this Zone rewrite or something, we may be in a situation where we do have to meet more frequently. Karr/Ernie, certainly on something as major as that we may have special meetings solely dedicated to that anyway. Lehman/All right, guys. O'Donnell/Pretty good, see you tomorrow night. Lehman/Anything else that we need to do for the good of the cause? We're out of here. This represents only a reasonably accurate transcription of the Iowa City Council work session March 1, 2004.