HomeMy WebLinkAbout2005-05-02 TranscriptionMay 2, 2005 City Council Work Session Page 1 of 51
May 2, 2005
City Council Work Session
5:00 PM
Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn
Student Rep: Schreiber
Staff: Atkins, Dilkes, Jackson, Helling, Karr, Kelsay, Klingaman, Nasby, Winkelhake
Tape: 05-28
Alcohol Issue
Lehman: It's 5:00 o'clock. Let's get started. First item on the Agenda is a report from the
bar owners alcohol committee. I think...Leah, are you going to make that report?
Cohen: Yes.
Lehman: Alright, you're up.
Cohen: Okay. I also have Brian Flynn, who is with me, who is the Chair - er - Co-Chair
of our board. First of all, we want to thank you for taking this time with us again
tonight to kind of go through what we've done and hopefully come up with some
solutions that we all can look at together. I just wanted to say that Rebecca
Neades is not here. She expressed her regret. She's with the Chamber and is one
of our representatives. Chuck Goldberg and Marc Moen are also at a hotel
convention or something going on in regards to Moen's project - so they can't be
here tonight, either. I wanted to first start out with just telling you a little bit
about how our board has worked. As you know, we had our first meeting on
November 1st of last year. We had met several times before that...some of us bar
owners...just to kind of look at 'what can we do?' 'are there things we actually
can do would make a difference downtown?'...and what we found from the very
beginning is that there was really no camaraderie amongst anyone downtown. It's
very limited. People weren't talking to each other. It appeared as though there
was a lot of....you know, whether it was jealousy going on or worrying about
competition and those sorts of things. So, what we did initially is that we really
felt it was essential to set up some sort of trust system and camaraderie amongst
the restaurants and bars downtown so that we could start working together in
regards to these issues. In doing that, we knew that we could not come in and
crack down and say 'here's the whip and this is what we have to do' because had
we done that we did not feel that we would not get any cooperation whatsoever.
We really had no legal authority behind us either. So, what we ended up doing is
that we put together...as a .... I think probably many of you are aware of what
we've done .... we did an accomplishment list for you and I'm just going to
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highlight a few of them. Basically we had set up four committees. We set up an
educational committee, a compliance committee, a public relations committee
and .... where's my fourth... I'm going blank here...ordinance
committee...ordinance was the fourth committee. So, in working with each of
those committees, we did different things. The things that were big
accomplishments for the year is that we really felt we worked in a lot of ways on
several educational points. We brought this Bob Anastas to campus - who was a
packed ballroom at the IMU. He had started Students Against Drank Driving and
was very impressive. The students we talked to were just extremely impressed
with what he had to say. We started a long-term program with RVAP and what
we are doing is each semester we're putting together materials that will go into
the restaurants and the bars. In turn, we may in time get that expanded a little
more. We found that to be extremely effective and we're working with them each
semester on that. We have put together an "Ads Program" - guidelines for
restaurants and bars to use in regards to ads. We talked about the 19 to socialize
and 21 to drink. We have tried to get the.., most of those signs out of the
windows...if you notice downtown, it used to be just plastered with those big beer
signs. We have been successful in getting most of those out of downtown. There
are still a few that haven't taken all of there's down - but most are gone. We also
put a monitor system in place. Some bars are complying, some are doing better
than others...it's an ongoing project. We keep saying that we're only six
months.., but one of the things that has happened with that monitor system is an
awareness within all of the bars of what's going on. We actually put out a 'here's
a j ob description for a monitor'...you know, checking for excessive drinking,
checking for safety issues - which are a big thing for us - whether it's a broken
glass on the floor or wet floors...the security issues have really become far more
aware in the bars because of this monitor system. Whether they're using the red
shirts or not...and several are using the red shirts regularly...others kind of so-so.
What we have seen really happen is a big uniform change going on in a lot of the
bars. So, you're able to go in and tell who their staff is on duty. We feel this
helps to drastically reduce incidences that happen. The other big thing we have
done is that we have secured about $20,000 through the help of the State for TIPS
training again this fall in August and September. It was a big program - last time
we had about six hundred employees and we expect one thousand this time. So
we're really looking forward to that going on. That was our accomplishments.
What we're looking at now and some things that we're really working on...those
are large accomplishments I should say because we've done a lot more. What we
see, that we really need from here on out and that we are here to talk to Council
and providing that you agree for us to continue long-term, we really have some
issues that we would like to see worked on...a few ordinances that Brian is going
to talk to you about...but we really need to start working a little closer, we feel,
with the Police department in regards to some of these issues that we're looking
at. We just had, in fact, we just had compliance checks last weekend. Two
people out of sixteen, I believe, failed the compliance check. Those are two bars
that are not participating with us right now. I've already had one call from one of
them and is real anxious to get involved and we're really excited to see that.
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The... we're working with a new student government now.., we have a new
student president...Jason Shore has just been exceptional this last year in working
with us on student issues. Mark Kresowik is going forward with it. He's talking
to the University on an Orientation program - with an educational program
connected with that .... so it will be connected with their Orientations. It's very
successful on many campuses and we're hoping that this will really start getting
the University working with us - which we think we need a lot more University
involvement in this issue. We are continuing the monitor and compliance
checks...as far as we ourselves are concerned. We check the newspapers each
day, we're seeing, surprisingly, a lot more about downtown ads in the Daily
Iowan than we used to see from outlying bars or Coralville bars. We can't do
anything about those .... which makes it frustrating some times...but.., some of
them are our Iowa City outlying bars that are becoming pretty big bars now and
others are Coralville. We've researched some ordinances that Brian will talk
about. We are looking at researching non-alcoholic events. We continually hear
this thing about non-alcohol events. There are all kinds of non-alcohol things to
do in this town. I raised two children in this town and I know there are. There are
not campuses that have...it's very difficult for people to go in as...whether it's a
bowling alley or whatever it may be and not have some other type of income in
order to pay the kinds of rents that people are looking at. This is not just Iowa
City - this is across the country that this happens. So, we feel that it would be
good to put together some sort of booklet.., and again in accordance with student
orientation...look at all the non-alcohol events that are available to students. The
one thing that we have just gotten in to is getting a little tougher with individual
bars. We felt is was essential to have cooperation, to work with people, and I
think we have made it very clear now that as we see individual problems, we
intend to address them very specifically. We, I think as a board, have decided that
we love our city as our city is and what can we do to improve upon that. As part
of that, as we have problems, we don't want all of us to suffer for the problems of
a few and that's what's basically continues to go on here. So, we've made it
pretty clear that we intend to be tougher on those issues...again, we hope we can
work a little closer with the Police department in pointing out some of those
things so that we can go forward on that. That has just really started. We have
had a tremendous amount of concentration on excessive drinking in the last six
months. That is where we felt we really needed to look. So, what we're looking
for is we really are looking for...to bring long-term results. We can't do that by
doing an immediate one-thing fix. It's all these little things going into effect that
we hope will bring those results.
Flynn: I'm going to try not to reiterate a lot of the things that Leah has already talked
about other than there is a huge camaraderie right now downtown with the bar
owners. She's been in this business for a long time and I've been in it for over a
decade and I've never seen this many people that actually go and try to work on
the same things together. It's really hard to accomplish that. That's what we've
been accomplishing for the last six months. That's the biggest thing in my
opinion that we've accomplished. We've started to address a lot of the issues that
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are important to this board and are hopefully important to the City Council.
Realistically, we need the Council's help in enforcing some of these things. As
Leah said, we have no legal authority over the bars, we have no way to really do a
lot of the things that would be really effective - I think the City Council has a lot
more power to do that than we do. Some of the things that we've talked about as
far as - what you've read in your packets with zoning and some of our
ordinances. We met with Lynn Walding and one of the things that - he's the head
of the Iowa Alcohol Beverages Division - and he said that some of the problems
we have in Iowa City is not that .... is .... we should look at zoning to try and
restrict the number of liquor licenses downtown. It's something that the City
Council has looked at before and it's something that is possible to do but he said
that the biggest problem is the size and capacity of drink specials. We don't have
any way to say what kind of drink specials or what people can charge or do
anything.., so to try to figure that out is going to be hard for us to do. They are the
biggest contributing factor to excessive and underage drinking in this town. The
other problems that we have addressed - and you've read most of them in your
packets - one new thing we're talking about right now is 'bar crawls'. I think
there were approximately twenty-some bar crawls running around Iowa City.
We've been talking about a way to try to find a way to restrict that, to reduce the
number of bar crawls. Its little things like that that we can do. It's not to say that
we're powerless about that - but with the City Council's help, we can definitely
do a lot more...given some time we can do a lot more.
Cohen: ! think just being specific about bar crawls...we had talked about some sort of
adding on to our ordinance 'restriction on not being able to bring cups with bar
crawls'. I think that's what we'd specifically like to see. Bar crawls are going to
continue, we can't stop it - you know and that sort of thing - but what's
happening is that they're buying very big cups and this has been coming for three
or four years and it's just gotten progressively worse. Bars are doing the 'fill the
cup with alcohol' and that's why people, we feel, we have seen public
intoxications the last couple of weeks and we feel this has a lot to do with it. We
do have a City ordinance that says that you can not increase the amount of alcohol
without proportionately increasing the price, however, there are exceptions that
you can have a certain price for certain sort of groups and that's what bars are
doing. We have totally failed in being able to control that right now. Most of us
would like to see a very specific ordinance in regards to things like that so it
doesn't continue. Most bar crawls go to maybe six bars and if they have one
drink at each bar, they're going to be happy - but they're not going to be
staggering dnmk. But when you get this big of a cup -that's one of the problems
that goes on with it. Many of us do it responsibly or will only allow beer or will
only do it in our cups and those sorts of things - but a lot don't and we feel we
really need to get a hold on that. It just gets worse and worse every year and its
real bad this year .... and it's all ages, it's not underage. The ones that come to
mind are all of age. You can't say no bar crawls because they're all legal, they all
have a right to come in and have a drink - so that' s a real problem.
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Lehman: Did you see the report that Officer Kelsay gave the Council?
Cohen: Yes.
Lehman: How do you respond to that? Because six months ago you asked to have six
months to show what you could do. In almost every category, the problems are
worse than they are six months ago.
Cohen: Ernie, I think that when you look at any kind of statistics - and I know we've
talked about a board in regards to statistics - but I think statistics can tell you very
little. I think it depends upon...so many factors are involved in those statistics.
What kind of concentration is put on whatever level, etc. I don't feel that we felt
within six months that we were going to see basically any change in statistics - to
tell you the truth. We talked about that and I think looking at that...there's no
way that that can happen.
Lehman: But why would they get worse?
Cohen: I don't know that they're worse for any particular reason. I would imagine if we
went back and looked at - not just last year but several years back - you have
years where one may be worse and one may be better. I don't know that .... that
we see anything different. In fact, we think we've seen a much calmer downtown
to tell you the truth in the last six months. We feel we have seen far less
instances. We have seen far less big incidences. I don't think, as far as looking at
a six-month statistic, is going to do much in that regard.
Lehman: I don't know that it does either - but when you asked to do this - you asked for
six months. 'Let us show you what we can do in six months'. I think you folks
have spoken...Troy .... Sgt. Kelsay is here...would you care to...I think if you
would like to give your take on the last six months. Obviously we have your
report .... if you'd come up here please.
Cohen: I would just like to reiterate that we never said we would look at statistics. We
never thought that that would be an issue.
Kelsay: Mr. Mayor, the numbers that you're looking at that are included in that summary
report, I was only able...and in Leah's defense...I was only able to look at the
first three months of this year because of the way that the statistics are kept and
the way that I keep my numbers. In those first three months, any individual
statistic has fluctuated. Some are up, some are down. The big, most noticeable
change, if you will, is probably the one that you are referring to and that's if you
look purely at PAULA. Our number of bar checks really haven't changed in the
last three years. They remain fairly constant. The number of PAULA's that are
being charged on each bar check this particular year and that's for the first three
months, and that's a small slice of the pie, but during that first three months they
are significantly up. We have a hit rate, if you will, of 85% for the first three
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months of this year. For every PAULA check, we have an 85% check of writing
a PAULA charge. As compared to last year, for this same time period, it was
44%, but then you get back to 2003 and it was 79% and 2002 was 56%. There are
many, many factors that could contribute to that. You are correct, that when I
look at the numbers for the trends for the calls for service - it is hard for me...and
we've had this discussion as far as sitting down and what has improved and what
has worsened. There really has been very little measurable change that I can find.
The numbers that are skewed that show a large difference are not favorable.
Vanderhoefi Has there been any change in licenses suspended for bars for serving underage
people?
Kelsay: In the time period in which the alcohol board has come in to affect - everything
that has happened as far as suspensions or sanctions to the bars were things that
already had begun - they happened in year's prior. It's just a long, drawn-out
process for it to go to the alcohol board, the ABD and for it to be heard. In the
first three moths...I was out last month...more as a monitor...I did not do
compliance check...but I wanted to go partly in response to questions from my
chief, I wanted to get out there and see who was using bar monitors and what was
the atmosphere downtown. I did not do compliance checks because I did not
want my observations to be tainted by enforcement going on at the same time. As
Leah pointed out, I did go out last Thursday night. I picked Thursday in part
because it is a night that continues to be a fair amount of advertised drink
specials...that and Friday afternoon clubs - are really only the two times pretty
consistently there is a special going on in a majority of the bars. I was out
Thursday night and Leah's right - there was a lot of bar crawl people out. I
picked an earlier time to go out. We checked sixteen establishments, two failed.
That is again fairly consistent with where we were in the past. When I initially
began compliance checks two years ago - there were nights when more than half
of the bars failed. They've showed an improvement in their service. Their
procedures that are in effect to ID at the door, to mark - whether that be with a
stamp or a marker or a wristband - and then to ensure that service is made
appropriate to how that person is marked - and again for the most part the
majority of the procedures appeared to work. Even at the bars that I was in,
where I felt like I was painted fluorescent orange - because everybody appeared
to be eighteen to twenty-two years of age - I watched the servers behind the bar at
this particular establishment that I am thinking of- ID the bar crawl people as
they ordered the drinks and only served those who were properly marked. I also,
in that same bar, observed those people redistribute - those legal patrons - turn
around to bar crawl people - and as Leah pointed out, ! don't know that it's
specific to the bar crawl - but redistribute among their peers, among the group
that they were with. The bar was doing a great business. They did not have
monitors out. I don't know that they could have successfully had monitors in
their crowd. They were that busy and it's a shoebox of a bar. So, the atmosphere
still exists. It's still a common practice. I do think that bars have made an effort
to police themselves and to tighten up their procedures - when it comes to
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training and service - I still think there are many that there's a permissive attitude
in a bar.
Bailey: When I look through these PAULA reports from year to year to year, it seems that
particular establishments that have particular problems.
Kelsay: Yes.
Bailey: And that's your observation as well.
Kelsay: Yes.
Bailey: So...and they don't necessarily seem to be larger ones...but there seem to be
places where people seem to know that they can go and drink underage
consistently.
Kelsay: Size is a factor as you pointed out. The clientele that they serve is a factor. If you
look at which of those bars that you identify as problem-bars, if you will, which
of those serve or allow nineteen to twenty year olds and which don't. Even within
those specifics, there are those bars again that have a reputation of...they may do
very well on police enforcement or doing compliance checks, their sale and
delivery is good - but beyond that they have done what is minimally required of
them. Then you have bar owners, for instance Leah and Brian here, and her
organization, that they're interested enough, that they are working together and
they are interested and concerned enough that they go above what is minimally
required. But, you're right, there are certain bars year-in and year-out continue to
be a problem.
Vanderhoefi Those same statistics I was looking at...if you look at the average number per
visit per check, that handful of bars - about five or six of them - are constantly
going up over the three-year period. So they are 'getting worse' if you want to
put it that way.
Kelsay: When I became involved in 2002 and we focused on this issue, there were some
numbers that were initially very high and I felt that, as a whole, there was a
gradual decline in PAULA's...but you're right...those that now realize or have
sense that there's not consequence, possibly, for PAULA's, they have started to
creep up. When I've talked with Brian and the organization, these people
identified that too when we looked at numbers, and very accurately pointed out
exactly what you pointed out. That if you identified a group of, perhaps a half-
dozen, and removed those from it, the rest of the numbers may show an
improvement. But there is a problem.
Cohen: I would like to add one thing - not necessarily in defense with anyone who gets
PAULA tickets or what goes on with it - but it depends upon partially on what
areas the Police department is concentrating on some times. I know the past
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couple of years, and not so much right now with the night shift, but the past
couple of years, they've had officers who have tended to just stop in the bar and
kind of see how it's doing it, see how busy it is, walk around town, and they
would make more of an effort to get a feel of what was going on downtown. So
they would come in and leave on their checks more specifically coming into
establishments looking for underage. I think now, when officers are out on the
late night, I think the ones that go into the bars go in more for that specific issue.
So I think that that skews those numbers again. It's very hard to tell with those
numbers because of that. We've talked about .... Lynn Walding has said and we
just think that's it's essential that we look at zoning with what we're doing. Its
size and capacity- which leads to a lot of the drink specials that are going on.
When you have large establishments and those large overheads - they have to
bring people in those doors. It just magnifies that problem and that seems to be
where we have most of the problems. I think it's essential that we look at that
issue and what's going on with that for future reference.
Kelsay: As far as the rest of the report, Mr. Mayor, when I talk about not the numbers but
my observations...that you were asking about...monitors, there are monitors...but
it is difficult for me to evaluate that for the reasons that I've pointed out. When I
talk to staff, and I took a fair amount of time last Thursday talking to staff at
various places, there are people that use the uniform shirts...they tend to come on
later in the night, maybe after ten o'clock or maybe eleven o'clock .... and again, I
think there has been some progress with that, whether it has met what your
expectations are, I don't know because I don't know what your expectations were.
Police response, I encourage the bars to continue to call us. I would not fault any
of the bars because they have a high-call for service from the Police department. I
would much rather deal with it that way than to deal with the following morning
when I get called to the hospital or I get called by a parent. I would encourage
them to call us and they have. Education, I know that the board .... I'm sorry,
training was the next thing. Again, Leah pointed out that the Police department is
going to work with ABD and trainers provided by this organization to have the
TIPS training this fall. That may or may not happen without the board - but the
board has certainly been instrumental in pushing forward and making sure that
that didn't get put to a back burner. It has been difficult to get funding in the
more recent years and I would give the board credit for making that happen.
Education. I get contacted from neighborhood groups throughout the city to
provide a police speaker for this particular event or that particular event. Many of
them have volunteered. It has come up in conversation that Leah or some other
member of the alcohol board has already contacted them about making
themselves available to come out to speak - so I know there is some community
outreach that is going on. Advertising. It's hit and miss. I went out last
month...I went out a little bit later and there were signs. There were a lot of signs
and stuff in the windows. Even more so - they were posted on the doors. When I
was out last month - it was a warmer night and when they throw their doors open
- a sign that might not be visible from the outside when the door is closed, now
that the door is pulled or propped open, there are advertisements that are visible.
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Last week when I went out - I didn't note that anywhere. It was very different
than it had been the month before that I went out. Again, I'm willing to give them
the benefit that it's hit and miss. Leah said that there have been some places that
have been better about participating in that than others. I hear and see the
disclaimers...the nineteen to party, twenty-one to drink - but I also continue to
hear the advertisement happening. Again, I can give you my observations. I
don't know what your expectations were or what you feel the board did or didn't
promise. I see some changes. I don't know if they rise to the level that you
wanted.
Vanderhoef: On the advertising, can any of you tell me if it's true whether there are websites
that advertise the drink specials and/or telephone numbers to call in where the
answering machine gives the drink specials for the day?
Kelsay: I don't know about the answering machine part. There are websites that
advertise, if you will, and I don't know who sponsors those - but it goes beyond
just the bars - it also talks about 'here's a house party' - but there are sites that
have that information available. Bar crawls. They know where they want to go.
I do think that the bar crawls...much of what they do is binge drinking. I also
happen to agree with Leah that when we dealt with bar crawl fall-out, if you will,
probably disproportionate to our other calls for service, it tends to be people that
are not necessarily local...they're down here, they come in to town because
they're visiting a friend that's here...or 'hey, come down and do a bar crawl in
Iowa City, it's a great thing to do' and then we get into the 'you can't tell me
leave, this is a free country, you can't tell me to go home'. 'I'm sorry, but I can.
You've had too much to drink. It's a public safety issue'. The bars...pretty much
two a bar when I was out last Thursday complained about the bar crawls...that
they were having difficulty controlling them...that it was a problem and an
increasing problem from their perspective...but, with the exception of one bar,
and it was only because I went in after the magic cut-off hour they had for bar
crawl, with the exception of one bar, they were also serving bar crawls also. So,
it's a business decision to some degree. Leah's bar, I wasn't able to get in...or I
was turned away at the door there so I'm not sure what happened in there.
Champion: You're not twenty-one? (Laughter)
Cohen: We have a policy that they can't come in after nine o'clock at night for bar
crawls. But then we have...no he means his compliance operation...his twenty-
year-old was turned away at the door. But that is a major issue that we deal with.
With regards to websites or those type of things. There is one called "UI Light"
that had a lot of publicity. The more publicity you give those people, the bigger it
gets and they start getting all these hits on this website. They had my specials on
there and I had no idea that they had my specials on there. They simply called on
the telephone, asked what your specials were and they have the response and they
post them on it. There is little we can do about that. We did get a hold of them.
Brian talked to them specifically. He talked to them about getting some
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educational things on there and I think that they have changed their focus a little
bit...not their focus...I shouldn't say they. They're young students,
entrepreneurial that want to make a little money doing this. They did put a few
more disclaimers and put more responsible things we felt with it. But that's all
we can do. We can't control what those people do.
O'Donnell: You know, about five years ago, I had never heard of a bar crawl and I had never
heard of the t-shirts...didn't know how many people participated...I really didn't
know how rowdy they can get...I've never been on a bar crawl. I was too busy
taming the West. (Laughter). As far as what we expected of this group, I don't
think that I expected immediately results. The problem did not happen overnight
and I don't think that the remedy will happen overnight either. ! did want to hear
about the red shirts more. I .... ! had not heard of that before.
Cohen: The monitor system is using red shirts. We specifically had red shirts made up
that say 'Monitor'. The whole idea with that is to get them into all bars so that
it's really .... we feel it's more of a safety issue than anything. Someone will know
if there is a problem that that's what that person is or that person will
detect...their job is to just continually walk through to detect excessive drinking,
underage drinking, and all those sorts of issues. We feel that it is fairly effective.
As big bars get very busy, it is very hard to find the monitor in them and because
of that we have worked with certain bars in regards to their entire security staff.
Uniforms for their staff that we feel is maybe even more important than this
monitor system in place. So we are working a little further...we're getting further
into the monitor system...but ! would say that half the bars are every single night.
Remember, it isn't as though these bars are packed downtown every night. I
would say Thursday night, Friday and Saturday night... 1 lpm - 2am is pretty
much .... usually they have someone come on at 10pm. I've been doing checks on
them for about two months or maybe even longer. They see me go out the door
and they're used to seeing me flying in those doors...usually Friday and Saturday
nights is when I go in. I've had some that are not compliant all the time, I've had
some that have not complied at all. You know, one thing we see in this town, it's
a little disheartening sometimes .... is we have a couple of bars downtown that are
from out of town owners and you know they just come to town and take their
money out of town and they are absolutely...they do not contribute to anything,
they do not give a gift certificate, or anything towards whatever we maybe decide
we do. We're doing fundraisers each semester and we're working on this
extended retail night downtown. People say, 'how does that fall within your
mission', how it falls within our mission is that our total image of downtown gets
overshadowed by this alcohol issue. Just on a consistent basis. Part of our
mission is working on that image and you know, we have been successful in
getting almost all those retail stores are going to be open until 8:00pm on Friday
nights starting May 20th. We've raised about $2,000, maybe more, it isn't all in
yet, for a wonderful television campaign - we're getting The Press Citizen - great
cooperation for coordination with the concert series...we have all sorts of things
going on...but this is another thing we've learned that our board can do. When
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you have large numbers like that...you know, we have a little bit of power to get
some really good participation in these sorts of issues that has never happened
before. For ten years people have been trying to get stores to stay open
consistently late one night and it was simply going around and saying 'You know,
it's just going to cost your staff. We're going to raise the funds for you to do
this.' So, each semester we can do something like that. That's another way that
we can beneficial. Dee has commented...you know last time she said 'Would this
board be in effect if we went 217' and we have decided that no, it would not. And
the reason it would not is that we would have no authority over anything. We
would have nothing. It would be just all up for grabs at that point because
everyone would be trying to keep their business afloat and we would have
absolutely nothing to say about anything any more.
Lehman: But you don't have any authority now either.
Vanderhoefi You don't have any now either. I want to go back to your mission statement
because as I read it 'to provide proactive, effective, community-based leadership
for the prevention of excessive and underage drinking in downtown Iowa City
establishments and the community.' It is only...the mission for alcohol. When I
started reading through the things that you are doing, including this Friday night
keep the stores open and stuff, and a couple of other things that struck me, that's
the DTA. Those are the same things that the DTA has done off and on for years.
Has not anything to do with addressing alcohol. So all your energies on those
things...I appreciate them in the community that isn't the problem...but the
problem is that if that same amount of energy were used in addressing alcohol,
which ! see as your mission .... so that's one thing that I have a problem with how
this is. ! have another problem with...number one, we didn't get a response from
the committee when we asked for 'how you were going to measure and tell us
what was happening and so forth'. This was our first anything coming back from
the committee during this time and then I started looking at your objectives and it
just brought up more questions than answers because I was expecting things about
measurement of what you had done on the various objectives like how many
people have signed up to be part of the group, how many of those when you
monitored- and I'm not real clear of what you are monitoring or looking for
when you go in - so that was another thing. There were some things about press
releases and I'm not real clear that the Council ever received a press release, but
maybe we did and I just don't recall it - so I'll just let that one go along, then you
talked about sending letters to bars that didn't seem to be following the objectives
and there's not report...I'm not asking for names...I'm just saying that there is
nothing in your report to us that says we ever sent a letter, whether we sent a
follow-up letter, any kind of outcomes.., so those were the things that I was
expecting for you to report.
Cohen: Those things can be found in our minutes. If you look through our minutes...and
we have reported to Council prior to this.
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Vanderhoef: I have read all the minutes but there is not report on this.
Cohen: With regards to what has happened with the bars in particular. It is our policy to
meet with bars in particular problems that we see. We do not choose to go
publicly with that initially. We feel that we need to give them a chance to
respond to it. We have had cooperation in that regard every time and I think it is
usually reflected in our minutes. We just had one a week or two ago that was
reflected in our last minutes - if you would read them. What we have done is met
with them, sometimes just privately, sometimes we've had to meet with them as a
board...and we have had, what we have felt, was cooperation so that we did not
have to go further on it. We don't feel that we should publicly put out
information in regards to -
Vanderhoefi I'm not asking for that.
Cohen: We just recently had talks with the Police department and Eleanor with regards to
a particular issue and we feel that it is adequately resolved right now. I think in
regards to, and I won't remember all of your questions, but if you look at our
mission statement and it talks below the mission statement on things we intend to
do, I think we get into a little more in regards to our public image and how
important we feel that is. That is part of the alcohol issue because there is a
perception out there that is not always accurate, so it is very much, we feel, a part
of what our mission is. There are .... I feel that we can take any individual...any
individual can take us and pick us apart if they would chose to. We feel at this
point that we have done tremendously with cooperation amongst the bars
downtown. We feel that we are on a very good path that has never been done in
this city before. We will never say we are perfect and we will never say that
every bar is cooperating because that is not fact and that is why it is one of our
future goals in the next six to nine months to work a little more closely with the
Police department in regards to specific bars and where we are seeing specific
problems. There is a total difference in excessive versus underage drinking and
we feel that excessive drinking has caused a tremendous amount of trouble and
that does not necessarily know any age. I think we have concentrated a little more
on that in our first six months. We cannot do everything in six months. We just
can't.
Lehman: How would you suggest...obviously you have a few bars - because you don't
have any authority other than the camaraderie that you have been able to
establish, and I really do respect the amount of work that you people have put
in...I think you're far overdue...obviously there is going to be this group of five
or six that aren't going to pay any attention. How do we deal with those people?
How does the Council deal with those issues?
Cohen: I think what we need to do...there are a few ordinances we need to look at in
regards to dealing with some particular issues that are blatantly skirting the law or
we don't like it...or promotion of excessive drinking or whatever it might be. I
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think the other way that you deal with them is I think through our Police
department. I think that more direct communication with regards to where the
problems are and talks with the bar owners. We tend to have pretty good success
in talking to the bar owners.
Lehman: But you're going to have a few that you can't talk to. You talked about
compliance...but then the Sergeant said that during the bar crawl that he watches
that the bars are they are absolutely following the letter of the law, they don't
serve anybody that they shouldn't and the bar owner sets there and watches them
take the booze and give it to the people who shouldn't be drinking it. They know
it when they're serving it. Now, what kind of compliance is that?
Cohen: I don't know that the bar owners are sitting there watching that. Maybe they are.
Lehman: Are you saying that you don't think they know that's happening?
Cohen: I think they know that's happening.
Lehman: They're doing it...how do you deal with it. Obviously these are your people?
Cohen: Well, I think, again it's a matter of very specifically talking...we have had pretty
good success, very specifically talking with these bars saying that we want better
conformance here. 'We want you to do a better job or we're going to have a little
more trouble with it.'
Lehman: But they do comply, don't they? They don't serve anyone that's not of legal age,
they those people take the alcohol and serve it to those who are not.
Cohen: We would catch it if they are not compliant. I think that...
Lehman: I think I heard Sergeant Kelsay say 'This is what goes on during bar crawls'.
Bailey: I don't think he said that they were watching them redistribute it.
Schrieber: The officers watched, not the bar owners.
Bailey: Not the bar owners.
Kelsay: In the example that I cited, I was there in plain clothes. I was doing compliance
checks. It was happening openly in front of me. I didn't take any enforcement
action because I was enforcing something else. It did happen that the place that I
was citing as an example that one of the bar owners was sitting a few feet from
where it happened. I don't know if they saw it or not. Should they have
reasonably been aware that it was happening...yes, probably in this particular
case.
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Elliott: I think we've had enough questions. I'm ready for us to start talking. I have
some things that I'd like the Council to do, but I don't think that we're getting
anywhere further (Tape Ends)
Bailey: I would respectively disagree with Dee saying that this is outside of their prevue
to do these cultural things downtown. I think if you can change the culture in the
area, I have observed...one night when I was in line for a Harry Potter book with
a bunch of young kids, I have observed that the behavior changes when you have
not a concentration necessarily of young people down town. If we can promote
that and promote a different culture downtown, I think it will change the
excessive drinking - or at least the acting out behavior that we find so difficult
and inappropriate - so I think that it's great that they're pursuing these other sorts
of things because it's a cultural challenge. I just want to express my
appreciation...you're all small business owners and the amount of time you've
been spending on this is just incredible and I just want to thank you for those
efforts because I know it's taking time away from your businesses to do this and I
just wanted to say thank you.
Champion: ! just wanted to say thank you, too. I think you've gotten a lot done in six
months. It isn't perfect and I don't expect change overnight. You don't go gray
overnight...it takes a while to get to that point. Although you can go to not being
gray over night. (Laughter) Some of the things that concern me...and Leah
knows that this has been a concern of mine from the beginning...is the
monitors...because the bar owners promised the last time that we skirted the
twenty-one issue that they would all do monitors. The big bars ought to have
more than one monitor because you're still seeing public intox downtown and
you're still seeing some fights and that's always excessive alcohol I bet 99.9% of
the time. Is it possible...can we write an ordinance that if you have so many
people in a bar that you have to have a monitor? Is it possible to do an ordinance
that controls monitors? Like...if you have one hundred people, you will need a
monitor. If your bar capacity is 150 people then you need two monitors. Because
that to me...I am going to tell all of you up front that I love what you're
doing...but if the bar owners want to control the excessive drinking downtown -
they could do it. They just aren't quite ready to do it. They just don't feel
threatened enough yet.
Cohen: Some are, Connie. We just need the law there to get everyone to conform. It's
just harder to get some.
Champion: That doesn't mean that I'm not happy with what you're doing. I think you've
done a great job. I think we need to talk about bar monitors...because we've been
talking with the bar owners for three years now...and it's still hit and miss. Leah,
I know there were some problems, or I heard on the street, that kegs are being
sold in bars to fraternities and then they were selling alcohol. Is that legal?
Bailey: That's bootlegging.
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Champion: That's not legal. Is your group addressing that problem?
Dilkes: I'm sorry, I didn't hear what Regenia said.
Bailey: Isn't it bootlegging to resell alcohol?
Dilkes: I talked to Leah about that and it's unclear to me exactly what was going on. It
never...we never went beyond that. It could...it would be bootlegging if it was
being sold by someone who didn't have a liquor license but it's not clear to me
that that is what was happening. What I told Leah is that we'd have to know and
the Police department would have to do an investigation and figure out exactly
what was going on.
Champion: You talked about capacity being problem. You're talking about not too many
people in the bar but just the size of the bar?
Cohen: Just the size. If we can do something on sizing of bars...the other thing we talked
about would be...right now there is lots of exciting things going in downtown but
there is a big trend for very upscale, smaller restaurants sort of things and if you
look at most cities, it's restaurants and boutiques and that sort of thing. We're
getting very good things happening there, but one thing with it is the upper and
lower level ordinances, and we've talked about size...we have, I know, when you
look at...that you have to sell 50% food to get a liquor license...for instance,
there is an upper level sort of thing. I think that something needs to look at in
regards to a higher percentage of food. I think when you get in to 50% food,
which is about close to what I am, and I am clearly a bar at night and a restaurant
in the day. So I think, if we want to attract and stay away from bars as such that I
think we need to look at whether it's a 75% or something along that line to
accommodate these upscale nicer places that we want and stay away from the
bars. That's just my opinion. I don't know whether...
Champion: What else can we do to help your group move this forward?
Cohen: I think we need to look at some sort of...and I don't know exactly...Eleanor
would be good at you know, talking about this, what we can do in regards to this
cup thing with bar crawls...to just get those eliminated...not bringing cups into an
establishment. I don't know what kind of ordinances...
Schrieber: I'll tell you what else will reduce bar crawls is to ensure that the students pay
cover in every bar that they go to. That will shut down bar crawls in a
second...because the whole point of a bar crawl, from a student's perspective, is
to get to get the atmosphere of a bunch of a different bars and not have to worry
about paying that pesky coverage charge. Once people are shelling out $25 a
night for cover, that's a lot for a student and they don't want to deal with it.
That's an option with bar crawls.
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Bailey: That's a good idea.
Kelsay: That's a good observation because when I was out Thursday night...it wasn't
unusual to see a variety of different stamps and the bar crawl people were treated
differently at the doors as far as what they paid and how they were marked.
Schrieber: I've planned them myself and that's the first thing that you ask for... 'Can you
give us cover?'...so say 'No' and there will be less.
O'Donnell: Just say no, eh?
Cohen: We have gone away with female/male issues that we dealt with. You know,
females don't pay cover but males do. We've talked to bars in addressing that
issue and getting that done.
Dilkes: Have you had conversations with bars?
Kelsay: It was happening Thursday when I was there and they told me on Friday that they
had reversed that policy.
Kart: I'm sorry, I can't hear the response.
Kelsay: I'm sorry, I said that that is still happening. One of the bars that I was at on
Thursday was letting females in with no cover and then they said on Friday that
they reverse it and do the opposite.
O'Donnell: We could talk about this for another couple of hours.
Lehman: No we won't because we're about done.
O'Donnell: I am hearing some things...I am hearing zoning, size of bars, monitoring...I think
there are some positive things happening and I guess our decision now is... I
thought I heard Officer Kelsay say that you believe that most of the bars
downtown are trying to participate?
Kelsay: I don't know about most. There are more now than...there is an increased
concern. The concern goes up every year. It's gone up with increased
enforcement, there is more of an awareness now...this particular alcohol
awareness board. When I was out Thursday night, easily the majority...all but a
very few said that they had had contact with a representative of the board, within
the past week, saying 'You know what, this is happening, you need to climb on
board and participate or bad things are going to happen. There is going to be
negative consequences.' So, they're out there... I really think that measurably
there has been very little impact so far. It depends on how fast you want changes.
When I have done increased enforcement, when I have had the resources
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available for me before we suffered the whole budget thing that we went through,
and I could dedicate resources to it - I could get my PAULA numbers up but it
didn't change the atmosphere. But it didn't change it. So far, nobody - law
enforcement, the Council, the Alcohol Bar Committee last year or the Alcohol
Board this year - nobody has found that silver bullet - and nothing that has been
done to date has made anything more than an incremental change.
Wilbum: I'd like to ask a couple questions. One of one Leah specifically, if you don't mind
going up. In your opening comments, you mentioned.., and I'm paraphrasing.., in
terms of who you all feel is not cooperating or participating with your group as far
as bar owners. You said you intend to address very specifically their action or
inaction or non-compliance with the law...you talked about talking with them and
having meetings. Did you have any other ideas or suggestions on what that might
mean for the future?
Cohen: Well, I think that we could...and this goes along with working with the Police
department...is we feel as a board that our particular problems that are not being
addressed, we first talk with the owner, and in turn we would send a letter to the
Police department and the City Council in regards to basically a citizen's
complaint, expressing our concern and asking for additional Police cooperation.
If establishments have additional police in them, they lose business. It's a pretty
effective means, I think.
Wilburn: I'm just thinking to myself...you know, Connie, you pointed out about the
monitors and since we started talking about this...two, three - however many
years it's been - several of the ideas were discussed then too and I guess I feel .... I
guess this is maybe a third go-around, just feeling like 'here we go again'. I've
heard increase cooperation or willingness to talk with Sergeant Kelsay...I've
heard that before...it's interesting to hear the talk about how to monitor a cup or
container - which we've had trouble with and were poked fun at as that being part
of an ordinance .... and I guess it's just like 'here we go again' type of thing.
Sergeant Kelsey mentioned that regardless of the efforts to monitor the process of
who the liquor is sold to because of the redistribution factor.., someone giving
someone who is underage a drink that they have purchased...the fundamental
question is...you know...whether we are sanctioning ease of access to alcohol in
an area that we are required by the State to monitor the liquor license permit and
the fact that the legal drinking age is twenty-one. It's wonderful...I would have
hope that...you know...the group, regardless of whether there is a nineteen or
twenty-one ordinance, that you would be promoting downtown because it
behooves you to do so, in addition to it being a positive environment or
atmosphere for the City. I just don't know where we go from here without
repeating ourselves a year from now, two years from now.
Vanderhoef: I would like to just report...Bob and ! attended a meeting of the University
Parent's Association Board of Directors a week ago Saturday and they are very
concerned about everything that they hear about the safety for their children. I
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would say, without them taking them a vote, that they were 100% in favor of
going 21 and thought that they would like us to go immediately. They asked what
they could do to promote this and whether emails would be effective or not. I
said we certainly have had that experience in previous times that we have talked
about alcohol and that perhaps a letter from them in total would be a better way to
go. They asked what they could do specifically to help with this whole bar scene.
We talked a little bit about fines and fees and those things and taking care of some
of their misconceptions on what powers Council had as far as licensing and where
fines and fees go and so forth. That being said, there is a support there. They
were interested in moving forward again and looking at the Stepping Up Program
and promoting that more with the student body and they thought that the
committee was a very representative committee now because it did have both
citizens and University people and the Mayor, and the City Administrator, and it
had a variety of people that were interested in this and that's one thing that I'm
not hearing today that there has been any collaboration between that group, which
was originally set up to do...they were out to do responsible drinking...that was
their general thrust from day one. They weren't trying to say 'no drinking'...so
that's just a report that I will give to you. The other thing that I was going to
report to Council tonight on alcohol was that I got notification yesterday and
tracked it down today...House file 275 is waiting on the Governors desk right
now. The bill does refer us back to the misdemeanor charges and those are to go
up to $200 for first offense, 2nd offense, which is now $200, is going up $500 and
the person arrested would have a choice between a substance abuse class and
evaluation or suspension of a driver's license up to on year. Third and subsequent
offenses would go up to $500 and supports removal of drivers license up to one
year. That was in response to Council talking to our legislative group from
Johnson County. They put a bill forth and it has passed up to the Governor's
level at this point. So, I would certainly like Council to look at sending a letter or
an email to the Governor to encourage him to sign it.
Lehman: Okay, we're going to take a break now.
Elliott: I want to have a -
Lehman: I'm sorry.
Elliott: I want to have a say...but are we going to come back and visit this when we get
back?
Lehman: Probably not tonight. It will go on a work session. We got the report from the
alcohol committee and Sergeant Kelsay.
Elliott: So we are going to spend some time? Because I'm tired of the Council looking at
this unilaterally. I think that we need to see what University is going to do.
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Lehman: That's fine. That's for another evening. We have to break now because we have
to start the regular work session in twenty minutes. We will put it on a work
session.
Elliott: We talked about one thing tonight and there must be at least a dozen things to talk
about...
Lehman: Yeah, but tonight's only purpose was to receive the report from Leah and her
folks and we've done. We will get it on a work session.
(BREAK)
Lehman: Ms. Franklin.
Planning & Zoning
A.) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 17TH ON A
RESOLUTION TO AMEND THE COMPREHENSIVE PLAN BY AMENDING
THE SOUTH CENTRAL DISTRICT PLAN TO CHANGE THE FUTURE LAND
USE MAP DESIGNATION AND PLAN TEXT TO CHANGE THE AVIATION
COMMERCE PARK DESIGNATION FROM INTENSIVE COMMERCIAL TO
RETAIL / COMMUNITY COMMERCIAL.
Franklin: First two items are setting public hearings for May 17th. The first on an
amendment to the Comprehensive Plan to change the South Central district plan
from intensive commercial to retail community commercial in the area of the
Aviation Commerce Park.
B.) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 17TH ON
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING
DESIGNATION OF APPROXIMATELY 54 ACRES FROM
PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) ZONE TO COMMUNITY
COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED ON RUPPERT
ROAD. (REZ05-00004)
Franklin: The second is the rezoning of that same area from commercial intensive to
community commercial, which is the retail zone.
C.) REZONING APPROXIMATELY 29.26 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO PART LOW DENSITY
SINGLE-FAMILY RESIDENTIAL ZONE (RS-5-10.92 ACRES) AND PART
MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL ZONE (RS-8-18.34
ACRES), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON
SOUTH SYCAMORE STREET EAST OF NORTH OF SOUTHPOINT
SUBDIVISION.
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Franklin: The third item is on for public hearing and first consideration of the rezoning of
approximately 30 acres from ID-RS to RS-5 & RS-8. This will provide for a 106-
lot single-family, residential development. There is a conditional zoning
agreement with this. The project is called Brookwood Pointe. It is on Sycamore
Street just south of one of the Mount Prospect additions, north of South Point, and
near Wetherby Park. The conditions that are in the conditional zoning agreement
relate to a pro-rata share for the construction of Sycamore at a future date, which
now is scheduled in your Capital Projects for fiscal year '09. Our estimated costs
for the project totally is two million dollars and the contribution of this particular
development would be approximately $73,000. The second condition for the
conditional zoning agreement is to provide the storm water detention area with the
first phase of the development project. The project is divided into phases, the first
of which would be along Terrapin Drive...whoops .... would be along Terrapin
Drive along the southern part of the project...I'm trying to be very delicate with
this. The storm water detention basin is on the west end of the project and out lot
A and the first phase would just bring in Terrapin off of Sycamore. So, one of the
conditions is that storm water detention basin be construction concurrently with
Phase One, since it will provide storm water detention for that area.
Elliott: Karin, what did you say?
Franklin: Terrapin Drive.
Elliott: Is Terrapin Drive the street that goes to the soccer fields?
Franklin: Well, not directly. Terrapin comes around, goes up, and then will intersect with
Covered Wagon Drive, which comes from the Sandhill Estates to the .... Sandhill
Estates to the west. Then you'd take Covered Wagon and this is Wetherby Park,
where the arrow is. The streets are broken up here so you don't have a lot of
people who are cutting directly through this neighborhood.
Elliott: So this would all be west of Sycamore?
Franklin: Yes, it is all west of Sycamore. The third condition in the condition zoning
agreement is if necessary to provide an easement for sanitary sewer between
Southpoint, which is the development immediately south of this project, and
Sandhill Estates. This is to enable an obligation that we have, the City has, to
Southgate to get that sewer line in. It is likely that what will happen is that is will
be constructed as part of this project, but just in case the phasing of this project is
not as quick as we would wish it to be, there's a provision for an easement so that
sanitary sewer can be put in place. The fourth condition is to commit financially
to landscaping along Sycamore. This would be done at the time that Sycamore is
improved and then there is also a provision that covenants that any fencing along
the lots along the west side of Sycamore will be set back twenty-five feet from the
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Sycamore right of way so as not to interfere with the construction project in the
future.
O'Donnell: Karin, you're talking...not fencing design but fencing set back.
Franklin: Exactly.
Bailey: And the landscaping is to buffer, right?
Franklin: Right.
Bailey: Why do we tend to be expensing landscaping rather than burms?
Franklin: It's a choice that we leave to the developer. In this case, usually the fencing is put
up by individual property owners. The landscaping will be something when the
Sycamore project is done...whether there is fencing there or not. There is a
provision that any landscaping that is done will be done on the outside of
whatever fence might be there. All of those conditions have been agreed to by the
developer. We have a conditional zoning agreement .... the final signatures may
not be in yet - but they will be tomorrow. There was just a glitch in the notary.
Questions?
Vanderhoef: Yes, where does the trail intersect with Wetherby Park?
Franklin: It will be in the sidewalk system, Dee, and will come along the sidewalk here. I'll
try to describe it. It comes from Covered Wagon Drive on the west end of the
development where it is abutting Wetherby Park and will come through the
sidewalk system out to Terrapin and Sycamore where at then you will connect
with Sycamore drainage way across the street.
Elliott: I have a question back on B, number 4 on the design standards for large retailers.
What are we talking about for design standards?
Franklin: The Planning & Zoning Commission wished to have a certain building design
provision with any large retailer that would be in the Aviation Commerce Park -
the whole area.
Elliott: So they wanted to have a common look to the exterior of the building?
Franklin: No, it has more to do with design features relative to the very large buildings that
have to do with breaking up the appearance of the masts, having at least two
entry-ways so that at some point in the future when those large buildings are not
used by that single user any longer - they can be used by smaller retail
users...because we're talking sometimes around 200,000 square feet for the
building, which is quite big.
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Elliott: So we're talking about the lines of the building as opposed to whether it's brick or
what have you?
Franklin: Yes.
Champion: Just a different design to break it up.
Franklin: Yes, just to break up the appearance of it also to allow to be divided into smaller
spaces in the future, should it redevelop. Okay?
Lehman: Just...I'm sorry...the design standards that Bob was referring to...are they
relative to this project only?
Franklin: They are relative to the conditional zoning agreement for Aviation Commerce
Park, yes.
Lehman: So it would not apply to any other large box or store built anywhere else in the
City?
Franklin: No.
Lehman: Alright, thank you.
Bailey: I was just wondering, generally, because we're doing a lot of development in this
area, when is the full build-out this expected and how are we communicating with
the schools? Certainly there is going to be an impact on schools and the district.
Franklin: Usually twice a year, Lane Plugge and Jim Bailey and I meet and go over all the
development projects that are either in the works or are anticipated and try to...by
the housing type that is being anticipated...it helps them project their numbers
that they will have in the schools. It's really difficult to say what the absorption
rate is going to be. If you use South Pointe, which is to the south of this, and
Mount Prospect to the north of it, it's probably within about a three-to-five year
time range in which it builds out, although not totally. Neither one of those are
done yet.
Bailey: Thanks.
Vanderhoefi And are these...these are all Grant Wood.
Bailey: Yes, that's why I asked.
Champion: But a lot of times, some of those neighborhoods are getting a little older now a
then the kids move in to the new ones.
Bailey: That's one of our impact schools that we've been discussing.
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Franklin: Yes, Dee?
Vanderhoef: Has there been any conversation yet with the school district about a future site
south of Highway 6?
Franklin: Yes, although it's one of those that will also expire in 2007. If you recall when
we annexed Sycamore Farms, that was the same time that we annexed Windsor
Ridge and we got a reservation for a school site in both of those developments.
The reservation of the school site in Sycamore Farms was south of this area, down
close to the soccer fields - generally speaking. There wasn't anything that was
landed on...but that was, because it was also a reservation and not a dedication,
it's something that expires and will expire in 2007. ! think it's safe to say, as in
Windsor Ridge, there will be nothing built on that site and that site will be
forfeited. As we go through further development of this area and south of South
Pointe is in the County, there is potential there for annexation and zoning and at
that point we would be working with the school district to see if there was an
opportunity to acquire a school site as we've done with Clear Creek. Okay?
Moving on to Item D.
D.) CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING
DESIGNATION FROM COUNTY A1 TO CC-2, COMMUNITY COMMERCIAL
(APPROXIMATELY 16.05 ACRES), CI-1, INTENSIVE COMMERCIAL
(APPROXIMATELY 20.22 ACRES), CO-l, OFFICE COMMERCIAL
(APPROXIMATELY 10.92 ACRES) AND RR-1, RURAL RESIDENTIAL
(APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF
HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD
(REZ04-00030) (SECOND CONSIDERATION) (DEFERRED FROM 3/22, 4/5)
Franklin: This is a project that we've had quite a bit of discussion on. The Davis
annexation and rezoning.
Lehman: They want it expedited, I see.
Franklin: Actually, now that I think about this...I should have thought of this earlier. We
can only do second consideration. We have to get the annexation notice back
from the State before we can do the third reading. I'm so glad I thought of that
tonight. So, just second consideration. Disregard that request to expedite and
then we will hold the third reading of that ordinance until we get the annexation
notice. And I'm done.
Lehman: Thank you.
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ITEM 13. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE
"PROGRAM FOR IMPROVING NEIGHBORItOODS" (PIN) GRANT
FUNDS
Klingaman: Good evening, I'm here on my annual review of the P1N Grants. This year things
have taken a little bit of a turn just recently, so basically what I'm going to be
asking the Council to do at this time is to defer consideration of the resolution
until probably your June 7th meeting, The Longfellow Neighborhood Association
-their application for sidewalks...the two gap areas of the sidewalks in the
neighborhood - they found out late last week that there is no interest on the part
of any of the property owners to see those sidewalks installed. They got
notification from the folks that live directly next to the trail and that letter is in the
packet that Marian distributed. I had a conversation with the homeowner of the
property on 7th Avenue just last Thursday who again suggested that he would not
be interested in seeing the sidewalk installed either. In the spirit of keeping the
process positive, they've decided to withdraw their applications. So, my
intentions are to go back to the neighborhood councils, take the $2,000 that they
have available and suggest to them to reallocate it to the some of the projects that
you have before you now. What I'd like to do, simply because we've already
organized all the neighborhoods to come in tomorrow evening is to go through the
process and then have it again on your agenda on June 7th.
Lehman: So, are you asking that we accept the presentation tomorrow night and defer it?
Klingaman: Defer it.
Lehman: Defer everything?
Klingaman: For accepting the resolution...because the dollar amounts will be different. I
don't expect that the grant applications will be any different so what you will hear
tomorrow night is what the grant funds will be used for - it's just the dollar
amount.
Champion: So the next meeting we'll just pass the resolution.
Lehman: Well, wait a minute...next meeting? I thought I heard you say June?
Klingaman: Probably June 7th because the neighborhood council won't be meeting until May
12th now and that's a little tight.
Lehman: So we'll refer it to the 7th of June. Okay.
Klingaman: Yes. I'd like to go through them regardless and answer your questions and do
what we usually do. I won't discuss Longfellow but I'll kind of go in the order in
which your memo is written. The Melrose Neighborhood Association has a grant
application that has been approved to create a master plan for Brookland Park.
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The park has not been improved for decades. They'd like to see some
improvements made to it and they'd like to do it comprehensively so that entire
plan is established and then they can strategically have funds allocated to have
that plan actually implemented over the next few years. Parks and Recreation has
graciously...the department has graciously agreed to provide matching funds up
to $2400 so that they can get the project done. Any questions? Okay. Southwest
Estates. They are being recommended by the Neighborhood Council receive
$4500 for playground equipment for Weber School. This is just a small portion
of a large project that they are doing fund raising for. They have already
succeeded in collecting over $38,000 for a $70,000 total playground renovation.
They are seeing a lot of growth in the school district and the need for that school
particularly and they need a larger playground. I know...Regenia had mentioned
the conflict with the Parks & Recreation Commission and the fact that routinely
any time that they review these applications for playground equipment to be
funded by PIN grants to be installed on school district property, they don't feel
comfortable with it. The Neighborhood Council kind of takes the stance that any
time that they approve funding for this type of project it's usually because there is
no public park area immediately available and so the school playground is their
park. So, it benefits the neighborhood even though it is on school property. The
school district is required to provide a letter verifying that they will continue to
maintain it and that they will always allow access to it to anybody who wants to
use it.
Vanderhoef: During school hours?
Klingaman: From what I understand, that's up to the discretion of the principal, although
Weber has said in their letter that they would allow that to be used whenever. The
risks are obviously if you have the toddler playing on the playground when there
are six graders running around. There can be potential for injury. It is up to the
principal ultimately to make that all.
Champion: We've funded neighborhood PIN grants for Longfellow for the same reason
because there is no park nearby and the neighborhood does use the Longfellow
playground as a park.
Klingaman: Longfellow has received several grants for their playground. Hoover School
received a grant three or four years ago for the surface that they poured in there.
Southwest is just asking for one piece - a climbing wall - which I don't think
your photocopy turned out very well, but that is what it is - a climbing wall
feature. A conversation that I had with Terry Trueblood about Parks and
Recreation Commission's continual concern about this.., we... the Neighborhood
Council is going to be asked to consider writing a letter to the school district to
kind of remind them of the fact that these funds are continually made available -
assuming that this request is approved - and should kind of reiterate how much
funds have gone in to it and that they will continue to maintain it and allow access
to it.
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Vanderhoef: As I recall, there is play equipment in the park out there that we put out there just
about two years ago?
Bailey: What park?
Lehman: There's a new park out there.
Bailey: What's it called?
Lehman: Hunters Run.
Klingaman: It's not necessarily as convenient. It's considerable distance from that part to
Weber, particularly for Southwest Estates, which is on the west side of Weber.
It's not very convenient at all. That's what they're saying is that Southwest
Estates children are using that playground.
Champion: I don't have any problem with it.
Bailey: I don't have a problem with it. I was just checking in as I didn't know the history
of it.
Klingaman: It's been constantly contentious and we're planning on addressing it to some
degree. North side Neighborhood is being recommended for $3,000 for
playground equipment for Happy Hallow Park. The park hasn't seen any
substantial renovations for quite a while. They were approached on the
possibility of doing a master plan, similar to what Melrose is requesting for
Brookland Park, but they wanted to see some equipment installed there
immediately, simply because what is there is fairly deteriorated. It is not unsafe
but it's deteriorated and they'd like to see some immediately improvements.
Miller Orchard is planning a fabulous kick-off for their Benton Hill Park and
they'd like some assistance in getting some funding for entertainment,
specifically. Their original application was for $900 but they're accepting $500
with the intent that they can find a musical group to come in and entertain and
hopefully we can come up with some snacks for the $400 that they were
originally requesting.
Vanderhoef: Is there a date yet on that?
Klingaman: No, not yet. We're still working on it. We'd like to have it as soon as possible,
but we'd also like to think possibly that the Public Art archway be installed so
everything is kind of soft right now. As soon as we find out we'll let the Council
know.
Wilbum: Regenia, you could probably sing for them can't you?
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Klingaman: Galway is asking for street trees. Specifically on Kearny Lane. There were no
street trees planted in the subdivision when it was developed. Four or five years
ago, they received about $4,000-$5,000 to plant along Galway Drive and a few
other streets in the subdivision. This is just an extension of that. Whetherby
Friends and Neighbors is continuing its tradition of a Saturday night drive-in.
With their $600 they will be providing pop and popcorn, basic necessities, and
also renting a screen. They would like to fit this one in shelter. They have a huge
screen that can be difficult to manage under some circumstances - particularly
when it gets real windy - so they're planning on paying for that a karaoke
machine to entertain the group before it gets dark enough to show the movie. I
went to the last one and it's really popular and becoming more popular all the
time. Questions?
Vanderhoefi So they can't use the screen they already purchased?
Klingaman: They can. Last year they secured it to the basketball hoop - but with wind it gets
very tenuous. You just don't if it's going to stand up. Longfellow showed a
movie last fall in September and it blew over. It was very calm when they started
the movie but then halfway through it got really windy and just blew over. It's
still being used. Over the winter it was used exclusively and very intensely by the
Parks & Recreation Department over at Mercer. They've been doing 'Dive-In'
movies. It's a great concept and I guess the kids love it. They've also been using
it at Mercer for the junior high parties and playing video games on it. It's been
well used.
Vanderhoefi So it's being used, just not how we purchased it for.
Lehman: Very good. Thank you Marcia.
ITEM 9. ADOPTING IOWA CITY'S FY06 ANNUAL ACTION PLAN, WHICH IS A
SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY
STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT
SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER.
ITEM 11. CONSIDER A RESOLUTION APPROVING A CONDITIONAL
OCCUPANCY LOAN TO THE EXTEND THE DREAM FOUNDATION
FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
- ECONOMIC DEVELOPMENT FUND
Nasby: Good evening. It's PIN Grant time, but it's also CDBG and HOME Funding time
of year. You may have gotten stuff from the Council packet. This year we have
about 2.33 million dollars to allocate. Some of that is due to having excess
program income - more than we budgeted for and then we also had about $5,000
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in recapture funds. We had a couple of projects that didn't go - so we're
reallocating that money. You probably got - but didn't read through the
behemoth 485-page. I know Regenia did because she caught an error it.
(Laughter). This document has all of the applications in it, the background
information, the HCDC process, their ranking, their scorings, and their budget
recommendations. In the Council packet for this meeting you have the much
shorter but equally stimulating annual action plan. This is the document that goes
to the U.S. Department of Housing and Urban Development (HUD). Basically, it
outlines the budget and then the actions that we're take for the upcoming fiscal
year. Last, but not least, also in your packet and kind of something that I wanted
to spend most of your time looking at. I had a memo in your packet. There are a
number of waiver requests this time. There are a number of agencies that are
looking to have CDBG and HOME allocation and are requesting terms that are
slightly different than the investment policy that the Council has set. We do have
a policy for housing projects and public facilities projects. I've included a
summary of all the requests in your packet with the accompanying letters from the
entities themselves. On the Council agenda, there are two items that deal with
this. One is the annual action plan. There is a public hearing and then an
approval of that. We need to have that done by May 15 so we can get it submitted
to HUD. They have to have it 45 days prior to the start of the fiscal year and
that's July 1. Also, kind of in tandem with that...the Council on Economic
Development committee approved some funding for the Extend The Dream
Foundation under a separate funding item allocation and that's Item #11. Item #9
being the whole action plan and Item #11 is just the Extend The Dream.
Wilburn: I will not be participating in discussion on this item. I work for an organization
that receives Community Development Block Grant (CDBG) funds and I'm
conflicted on this issue.
Nasby: Questions?
Elliott: Are you going to be in in the morning? I have a question. I tried to get in touch
with you today.
Nasby: Okay.
Atkins: You do need to answer the question on the loan. That has to be answered.
Nasby: The question on the request for the waiver of the investment policy. I would
appreciate some guidance on that as you do have a set policy.
Lehman: Which ones are requesting that?
Nasby: All of them on that list.
Lehman; That's just about all of them.
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Nasby: Yeah, there are a couple that we don't have a Council policy on. One is tenant-
based rent assistance - which is essentially using HOME funds like you'd use
Section 8 funds in tenant-based rent assistance. It's something we have included
in our five-year plan, we just simply haven't funded it since we have a Council
policy on investments. So, that's a new one. Also, our office is getting a few
dollars to start a down payment assistance program, so effectively we're the
recipient and would give it to ourselves. We have a policy for for-profits and
non-profits but not for how we would use the money for ourselves. So, that's a
couple of new ones. The majority of them are really public facilities projects that
are asking for a declining-balance loan versus a conditional occupancy. The
difference is that conditional occupancy is just a lien that sits on the building for
basically ever and ever as long as they use the building, there's no interest, and no
payments. That would stretch out to ninety-nine years - which is our current
policy, or at least our current operating procedure on those. A number of them,
because they're doing improvements that are depreciating in nature - they're
putting in carpet or siding or windows - it's depreciating so the applicants are
asking for a declining balance on those rather than a long-term COL. That would
cover the majority of the differences here.
Atkins: Steve, can you walk them through the consequences of the (TAPE ENDS)
Nasby: It had come up initially because CDBG had bought a building. The sub recipient
had satisfied its requirements so they then owned that building free and clear.
The sub recipient then moved to a new building and their old building was for
sale and someone came in an asked us for CDBG money for a second time so we
then gave them money to buy the same building. That's why we instituted the
COL process to make sure that we recovered that money when there was a long-
term capital investment. Part of the Council's discussion on the investment
policies that you looked at a couple of years ago was to generate future sources of
income so that we could keep the program going. I guess that was one of the
consequences from changing the policy. If we go with conditional occupancy
versus a forgiven position, we wouldn't have those dollars to us in the future.
Elliott: The scenario that you just describe, though, in effect means that the building
pretty much belongs to the City. It doesn't belong to the individual because you
said they could not sell it.
Nasby: They could sell it, but they would have had to repay us the initial investment.
Bailey: Like we're doing with Extend The Dream. It's the same arrangement.
Elliott: Okay, okay. Fine.
Champion: They don't pay any interest.
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Nasby: No interest, but they have to pay back the initial amount of money.
Elliott: Okay. Apparently that didn't sink in the right way with me.
Lehman: They have to pay it back only if they sell it.
Nasby: Yes, if they sell it or if they discontinued the use.
Bailey: Although there are some of these facility rehabs that are depreciable
rehabilitations but I guess it's the roof at the Emma Goldman Clinic.
Nasby: Yeah, I'll cover of them, if you'd like. Emma Goldman...there's a roof and some
other minor rehab projects that they're do...some electrical, I think there is some
flooring. The Goodwill project is air-conditioning. They're going to be air-
conditioning that large space that they use for sorting the goods in the warehouse
portion of it. Hill-E1 Student Center is doing an accessibility project...widening a
doorway, redoing a bathroom, reconflguring a bathroom. The Neighborhood
Centers of Johnson County...they're doing some cabinet repair and flooring
repairing and some other interior projects. Old Brian, they're repointing - which
is basically looking at the building .... they got a State grant from Historic
Preservation. They're going to dig out the deteriorated and soft mortar and
replace it with mortar - so that's what they're doing at Old Brick. Planned
Parenthood is putting a new entrance on their building. The Wesley Foundation -
they're doing fire suppression system. The one that they have is kind of kept
together by band-aids. The Wesley Foundation - the last one for free med and
free lunch...that's for flooring. They have asbestos tile in that facility and they're
taking that out.
Bailey: Planned Parenthood leases, right?
Nasby: They do. They lease their space. They've got a long-term lease on that building.
Bailey: Until 2009?
Nasby: I think the one goes through 2009 and they have the option to renew.
Lehman: Steve, are the terms as they appear on this in the resolution that we're going to act
on? Does it require a change to these?
Nasby: The resolution simply approves the funding. It doesn't address the terms.
Bailey: But you would like to have some policy -
Nasby: Some policy or direction from you if you wish for us to negotiate the terms on
these or if you want to say 'If they're depreciable, then go ahead and...
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Elliott: Do you need formal action or just an indication?
Nasby: Well, you have a formal City Council policy on investments to these dollars, so
maybe it's a discussion you want to have at a later date for a policy discussion.
Right now, these are the ones you have with the existing policy.
Dilkes: I think it's .... in the best of all worlds you would have a policy that you would act
in compliance with. If you think there is going to be...ifthere are some reasons
why you want to waive that policy in certain instances, you can include that in the
policy .... but it doesn't make a lot of sense to have a policy and not follow it. If
you want to change it, change the policy.
Bailey: Okay, restate what the policy is right now. We do conditional occupancy loans?
Nasby: Conditional occupancy loans is the policy.
Bailey: How did we come up with this declining balance?
Nasby: It's something we used to do before we had the COL policy.
Vanderhoef: Basically they're looking for a grant again with a different terminology on it.
And these were kinds of things, as I recall when we had the discussion a couple of
years ago, was that there was never enough money to do all of the requests that
people wanted to do so we were thinking in terms of the long-term future of this
and saying 'Okay, we'll do a very low interest loan, therefore we'll get a few
more dollars in to spread them for future projects'.
Champion: Then we immediately gave in on that on one project...so that's how it happens.
Vanderhoef: The project that really came up was the Habitat for Humanity, which is the one
that can't have a loan by their national...
Bailey: They can't pay interest.
Champion: I think we need to look at our whole policy. If we're going to revise it all the
time.., it' s...
Bailey: Right...because a conditional occupancy loan doesn't really bring back dollars. I'
mean, if you look at these...I mean the chances .... Planned Parenthood is the only
one that leases and the likelihood of any of these moving in the near future is
probably minimal.
Vanderhoef: You just never know. I'm thinking right now of the move right now of the
Goodwill Building. When they bought that building not too long ago.., five years,
six years, something like that, I can't remember...but it wasn't all that long ago
and now they're selling it and moving into another location. So, it does happen. I
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think we need to think about it and bring it back when we've all had a little
chance to think about them.
Lehman: I don't disagree with that...but it seems to me that rehabilitation...for example the
Emma Goldman Clinic and a couple of other remodeling projects.., a conditional
occupancy loan doesn't seem at all appropriate.
Bailey: I agree with you. This is depreciable.
Lehman: With a capital investment I can understand conditional occupancy, but when
you' re talking about putting in air conditioning that's going to be worn out in
fifteen years, thirty years from now they sell the building and they pay us back for
the air conditioner that has been retired for...maintenance projects don't seem
appropriate.
Champion: Those are maintenance projects...they're not really improvements.
Bailey: Right.
Lehman: Capital investment, I can understand...but maintenance doesn't seem to make any
sense.
Bailey: Then how do we classify it? Is tuck-pointing capital investment or is
rehabilitation? What's the life span of tuck-pointing?
Lehman: 100 years.
Bailey: Then a conditional occupancy loan, clearly.
Elliott: Eleanor was getting ready to say something. I'd like to hear what she says.
Dilkes: There is something in between these two things. You can have a no interest loan
that stayed on for a period of time. The balance didn't decline but it...it came due
in ten years if they sold it within that period of time or something like that. A
conditional occupancy loan is kind of a term that we have used and we have set a
period of ninety-years on it but it doesn't have to be ninety-nine years. It could be
thirty, it could be ten...depending upon the life span of the thing you're financing.
Elliott: I like to be able to make exceptions to policies but when we have wholesale
exceptions to policies, then I think the policy needs to be revisited.
Bailey: I agree with you.
Elliott: Thanks, Connie. (Laughter)
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Champion: Did I agree with you? What about writing something that's like...if it is a
maintenance thing like carpet or air conditioning -
Lehman: Or rehab, yeah...
Champion: If it's rehab, that if the building is sold within five years or so then they need to
pay us back the money because the project is probably still good at that time. If
it's sold...I mean people usually make money when they sell a building.
Nasby: Would you like us to come back with something tomorrow?
Lehman: Kind of hear what we're saying?
Nasby: Yeah, I hear what you're saying.
Champion: If someone has carpeting for five years in a commercial building, it's probably not
going to be worth anything. So, I don't want people paying us back for things
that aren't usable anymore...I'm not against the grant theory...
Lehman: Right, but we don't have to give them $15,000 for an air conditioner, have them
sell the property the next year, and -
Champion: - and we get nothing.
Bailey: Right. Agreed. That's just not right.
Lehman: It can almost be associated with a depreciation schedule, which are available from
the IRS. The IRS tells you that an air conditioning, I think, is fifteen years, paint
is seven years...
Vanderhoef: A roof is ten-to-twelve.
Lehman: Yeah, it depends upon what it is. A depreciation schedule would be well to work
into rehab.
Bailey: I agree.
Nasby: What we'll do for purposes of tomorrow, if you want to approve the resolution
that approves that funding, we'll then put something together and come back at a
future work session before we enter it into contracts that you can then address
this.
Vanderhoef: Then I think we need to have someone state that up front as we're approving the
resolution.
Nasby: Subject to Council direction on...
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Atkins: Tomorrow evening you'll make it clear, particularly for those folks who do not
appear before you pursuing their projects, that there at least is an expression of an
intent to change the policy. It may not be exactly as they have asked for, but
you're still thinking about changing...okay.
Vanderhoef: Yep, that's what we've got to do up front.
Lehman: We will be approving the funding and not necessarily the terms.
Nasby: Yes, but like you said, I would make that clear that you're...
Atkins: Does that take care of us with HUD?
Nasby: Yes. HUD doesn't care about the terms...
Dilkes: I'll revise the resolution...
Lehman: I think you get the general idea. Anything else for Steve?
Champion: There are some really good projects on here.
Bailey: Yes. They did a lot of work. Thanks.
COUNCIL APPOINTMENTS
Lehman: Okay. Council Appointments. We have two appointments as I recall.
Vanderhoef: HCDC and P&Z.
Bailey: Michael Shaw.
Wilbum: Since I'm sitting here, could we do the P&Z first? I can't appoint to HCDC.
Vanderhoef: I'd like to nominate Terry Smith.
Lehman: Okay.
Elliott: I'd like to nominate Jerry Hansen.
Bailey: I agree with that.
Lehman: Any other nominations for P&Z?
Champion: I'm confused.
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Bailey: We started with that because Ross is abstaining.
Lehman: How many would go along with Terry Smith? I see one, two, three...uh, Jerry
Hansen...I also see three.
Karr: Connie, did you vote?
Champion: Yes, I voted for Terry Smith.
Dilkes: He didn't count you.
Lehman: I'm sorry, I guess I didn't see you. Then Terry Smith will be appointed to P&Z.
Elliott: Were there only two nominations?
Wilbum: I have a conflict of interest with making appointments to the HCDC commission
because one of their primary responsibilities is the decision of Community
Development Block Grants and HOME funds and I work for an organization that
receives such funds and I cannot participate in decision-making with that.
Lehman: You ought to have a green card - (Laughter)
Bailey: Can you just hold up a sign when you have to say that?
Lehman: Okay, nominations. We have one vacancy and my gosh, we've got lots of
applications.
O'Donnell: I'd like to nominate Michael Shaw.
Champion: I'll second that one.
Bailey: I agree with that.
Lehman: We have Michael Shaw, do we have any other nominations?
Vanderhoef: I was just going to ask if there was any conflict of interest because of the school
district getting funds and he being employee of the school district?
Lehman: The school district doesn't get that many funds...do they?
Bailey: He could recuse himself... I would rather have that experience around the table
with an occasional recusing himself.
Vanderhoef: I have no problem with him...it was just a question I had about conflict.
Lehman: All in favor of Michael Shaw?
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Elliott: Before we vote, I'd just like to say that when I saw the University student
applicants, I was extremely pleased and I was ready...there was a first and second
choice among University student applicants, but when I got to Michael Shaw, I
think he is just an exceptional candidate and I will be supporting him, but I hope
that.., please take back to the University students.., our feeling.
Schrieber: What kinds of things can we talk to the students about...obviously they're at a
disadvantage to some of these community members who have massive amounts
of professional experience.., so what kinds of things can we tell them on their
applications, something that will help them in the application process?
O'Donnell: They were given a lot of consideration this time.
Bailey: I think the volunteer work and where they're working and also their majors. All
those things figured in on how I was considering them. I think all of them spoke
very well to their qualifications.
Elliott: One of them, with whom I talked, was a student but had lived in this community
all of her life, is a law student, has a job with a local law firm, and those are the
kind of things.., their community involvement, the extent that, in addition to
simply being a University student...I think those are the things, to me
individually, that I think are very important.
Champion: I thought their applications were very well filled out.
Lehman: All those in favor of Michael Shaw?
Champion: Aye.
Elliott: Aye.
Bailey: Aye.
Lehman: Okay. The Deer Task Force Report.
DEER TASK FORCE REPORT
Lehman: Is someone going to speak to this, Steve?
Atkins: I thought Pat was going to be here.
Lehman: Well, Pat is not here. We have the report...
Atkins: Yes, we have the report.
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Elliott: Emie, can I ask one quick question? Marian, these people, on their applications,
are asked if they'd like to be informed. Do you routinely inform these folks?
Karr: Yes.
Elliott: The applicants for the commissions?
Karr: Yes.
Elliott: Good, thank you.
Lehman: Okay, everyone has read this. By a split vote, the Deer Task Force has
recommended that we entertain the possibility of bow and arrow hunting. I
assume, after reading all the regulations put out by the DNR would have to be
followed, plus whatever regulations the City would have to pass enable legislation
to allow it to even happen...because you can't hunt in City limits...so I guess
we're being ask as to whether or not we concur with the recommendation of the
Deer Task Force. We did receive a memo from the City Manager's office, which
I think indicates some concerns, probably about seven different ones...what's
your pleasure?
Elliott: I concur enthusiastically with the Task Force recommendation and would like to
see us proceed with it.
O'Donnell: I, too, support the recommendation. I think each and every one of them know far
more than any one of us do. It's not our choice...
Champion: They're not going to be the ones shooting the bow and arrow.
O'Donnell: They've done the research. There's none of us here...I don't think...but I look at
it as an opportunity to do more of a sustained control as well as it's a substantial
chunk of change that we're spending on a yearly basis.
Elliott: I think what Mike just said is clearly illustrated in the materials from the Deer
Management Task Force of April 28. In the most recent deer kill, we spend $390
per deer and that's not including about $10,000 for processing. While we
acknowledge the fact that we are short changing the North side of our City in fire
and first responder protection, I have said in the past that we have sufficient funds
but it's the priorities that we have to have and I think if we don't support
something like this...and this, I think, does not say that they want to only do bow
hunting, they want to incorporate bow hunting particularly in areas that are having
serious problems with deer and not are not appropriate for sharp-shooting. With
our priorities, we have to put more importance on people than on deer. If it were
my personal preference, I could not bring myself to shoot a deer with a rifle or
anything. I have not fired a weapon since 1958 in Fort Leonardwood. I think
people are more important than deer, that's where our priorities should lie, and I
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think paying $390 almost $400 dollars per deer to get rid of them, while our fire
protection goes wanting is sadly inappropriately.
Bailey: Because people are more important than deer, I can't imagine a scenario in which
I would want to allow bow hunting within the City limits of Iowa City. I think
it's dangerous and not the way to go at all. This deer management was never
intended to be a hunting opportunity for sport hunters. My father and brother
have done bow hunting and so it's not...it's not the humane kill that was the
compromise that we reached in 1997. I support that very carefully crafted
compromise and I support maintaining that.
O'Donnell: I don't look at bow hunters as a sport. This is a method of control. More deer are
killed each year with a rifle in the name of sport than with a bow.
Lehman: The only reason they're asking for bow hunting is for sport. The hunters are
asking to be able to take animals for sport.
Elliott: No, it's a deer management tool.
Lehman: I know but the hunters want to do the sport, that's why they're asking to hunt.
Bailey: It's not an effective tool.
O'Donnell: Other communities do it safely and I see no reason why we can't. You
know...you certify a hunter, they shoot in a downward position...to me, if we're
talking safety, a bullet goes considerably farther than an arrow and has more
killing power if we miss.
Bailey: But we have a contract for current situation and we won't be contracting with
every one of these hunters. The liability issues, I think, are immense.
O'Donnell: But we're going to be certifying each one of them.
Lehman: I do have some questions about the liability issue with the bow hunting. The
DNR issues the tags, I presume. Is there any liability to City for a bow hunter
hunting on private property? I mean right now we do not allow that to occur
within City limits. If we permit that to occur, do we have any liability associated
with that?
Dilkes: You've got to have a big disclaimer on any of the liability questions because it
really is depending upon whatever the particular facts are. Simply, if the only fact
is that we allowed hunting on private property, I would say probably not.
Lehman: But if we allow them on City property...
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Dilkes: Well, I think allegations could certainly be made on terms on which you allowed
that were inappropriate, not safe, etc., etc. I don't think I can say there won't be a
claim. We might defend it successfully. You don't know until you know what
the facts are.
Champion: I agree with Regenia. Even though I know bow hunters are pretty safe and it's
safer than a bullet. I agree, Mike, that ifa bullet goes haywire, it's going to go a
lot further than a bow and arrow and it's going to do a lot more damage when it
hits something. The way that we've been doing it with sharp shooting, the bullet
is going to hit the ground if it's going to hit anything. I can just see a deer
running down Burlington with an arrow in its head. I just have real problems with
it. I just don't think it's a surer thing. I'm sure there were some missed by the
sharpshooters, too, I'm sure that happened, but even though I know...my brain
tells me that I'm foolish not to approve this, by my heart tells me that something
is going to go wrong.
Wilburn: I have to agree with you. I think the greater likelihood of the kill occurring with
the sharp shooter...I have friends who hunt do some bow hunting too. I haven't
done the hunting but I've helped do the searching for the deer that...a margin of
error or a slight reaction can happen.., and then I also just have trouble with...you
know, we contract with sharp shooting to happen as opposed to hunting in the
municipal area. I just trouble with that.
Champion: I just trouble with the whole thing, don't you think?
Wilburn: Yes.
Elliott: You were aware when you read the Police report that four times in March the
police used side arms to kill an injured deer.
O'Donnell: Running down the street?
Elliott: What kind of liability do we have for people hitting deer with a car and becoming
seriously injured?
Lehman: None.
Bailey: Let's get back on the sharp shooting schedule. It was my understanding that we
were a little off schedule this year and didn't get access to the University
properties that we have had access to before because of winter break.., it must
have been?
Lehman: We've never been able to shoot.
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Vanderhoef: We haven't ever had...this was the first time they approved it but then they put it
into a very narrow time period and the DNR told us that we could not start our
hunt until after a certain date, which was after the students came back.
Bailey: We don't hunt, we manage.
Elliott: We hunt.
Champion: On the other hand, we had talked about looking at alternative sharp shooters...
there must be someone who lives closer to us that could be a good...I think we
could reduce the cost.
Elliott: Oh yeah. Even the sharp shooting needs to be reevaluated but there are areas and
properties where you can not sharp shoot where you can bow hunt.
Lehman: Where might that be?
Elliott: There are private properties.
Lehman: I can think of places where you might be able to bow hunt where you -
Elliott: Can't sharp shoot?
Lehman: No, I can't think...for example...Hickory Hill Park for example is an area where I
suspect you can do sharp shooting. Bow hunting would be totally unacceptable to
anybody. There's too many people, too many dogs, lots of things there.
Elliott: Why would bow and arrow hunting be more dangerous than sharp shooting?
Champion: Because sharp shooting is all set up, it's a trap.
Elliott: So is bow and arrow hunting. They're talking about the same trajectory.
O'Donnell: They sit up in a tree and shoot down.
Lehman: Sharp shooters bait, they bring them in, they shoot them on site, they're here one
or two nights and then they're gone. Bow hunters are there every night for thirty
nights. You have no idea how long they're going to be there.
Elliott: Well, you regulate that.
Lehman: I do believe that there may be a couple of places in the community where bow
hunting might be less objectionable. For example, there is an area south of
Highway 6, west of Sand Road, south of Napoleon Park, where I understand there
is a pretty good sized deer herd -
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Elliott: - It cost me $4,000.
Lehman: Pardon me?
Elliott: It cost me $4,000...
Lehman: What did?
Elliott: A deer.
Bailey: Thank you for your contribution to deer management.
O'Donnell: University Heights and Coralville have been doing it and they've been doing it
successfully. I'm a native Iowan and I've never seen this deer running down the
street with an arrow in it, I've never seen a wounded deer, but I have seen a deer
get hit by a car.
Lehman: That's going to happen whether you shoot them with bow and arrows or sharp
shoot them. You're still going to deer hit with cars.
O'Donnell: Ernie, my point is that I've never seen that had been shot with either a bullet or an
arrow, running anywhere. I've lived in Iowa my whole life. It's considerably
worse, I my mind .... I was coming down Dubuque Street where Foster Road came
out the other day and I saw a car have a fairly rough accident with a deer and but
for a stroke of luck we didn't have any injuries there and that's my priority. I
think we do the bow hunting, I'd like to see it as a means of maintenance, and
sharp shooting is more a control issue.
Schrieber: Did anyone do any research as to whether or not more people are injured through
car/deer accidents than bow/human accidents. If it reduces ten fatalities through
getting hit by a car and injures one person through negligent hunting, I think that
if you're on the positive of nine people...I think that's probably a plus. I don't
have any figures. I was wondering if anybody did.
Elliott: Two hundred per year are killed with car collisions -
Bailey: In the nation.
Elliott: Two hundred per year in the nation. One thing also to consider when you're
talking about the humaneness. I don't how many of you are naturalists -
naturalists - nature lovers...but both sharp shooting and bow and arrow hunting
are much more humane than nature taking care of this problem. We ran the
predators out of here. We've killed them off. If you ever seen film or videos of
how a predator takes care of deer management, a bow and arrow is nothing
compared to an animal being eaten on the way down.
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O'Donnell: The predator today, Bob, is a '94 Chevy.
Champion: We're not arguing that we need deer control.
Elliott: I'm talking about humaneness.
Lehman: The issue is not whether we have deer control. We are going to control the deer
one way or the other. Or the recommendation is for both ways. I think the Deer
Task Force is recommending the limited use of bow and arrow along with sharp
shooting - a combination - to help reduce the number of animals.
O'Donnell: Wasn't the vote like five to two?
Lehman: Actually, I think there are three out of eight that wrote dissenting opinions. There
are some very, very strong feelings...obviously I think they're on this council too.
It isn't a matter of us harvesting or not harvesting the deer. It's the manner in
which we harvest the deer. I don't think there is going to be any more or any
fewer automobile accidents whether you use bow and arrows or sharp shooters.
We're going to take as many deer as we can take. The relevancy is how is it best
to reduce the herd? One is very expensive. Sharp shooting is very expensive.
There may be a less expensive way of finding of local sharp shooters that we may
or may not have as qualified local sharp shooters. The other way is less
expensive, not as acceptable to a lot of folks.
Elliott: The deer management people would...I think, as I have talked with them, would
have an argument with one of the statements you made because they feel that
because there are areas that you can use bow hunting and sharp shooting would be
inappropriate. That there would be a better process for managing deer therefore
less deer, therefore less accidents, therefore less concern. So I'm not sure that
what you've said is a given.
Champion: We're not sure about any of this.
Lehman: Dee, what's your...
Elliott: Dee has been strangely silent.
Vanderhoef: Isn't that interesting. It's one of those things that I've been truly weighing
because I can see it both ways. I think since it has been recommended to us, that
it behooves us to look at it perhaps in a very limited way...if as in the Coralville
plan there has been some areas identified that is away from the populated areas,
like along Sand Road down south along the river, that's a possibility. I don't
know whether it's a possibility on any of the University land. I am more
concerned with getting our timetable actually put together with the University so
that we can get at that deer herd that is residing on the west side of the river in and
around the University property and the Peninsula and Camp Cardinal area. That
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whole big area has a huge pocket of deer that we have not addressed at all. I
would look at very limited trials and very distinct areas for one year to see how it
might work. I think the Coralville plan, and it's quite similar to the Des Moines
plan, those are the kinds of safeguards and training and certification that I would
be expecting. I am sort of appalled at some of the other plans that were put in to
the packet have almost no control, no requirements for licensure or receiving a tag
for hunting.
Elliott: To me, my vote is clear. I'm going to be emphatic about it but I also understand
at least some of the disagreements with the recommendation, I don't understand.
I do understand those who simply can not in their mind and in their heart see
shooting any deer for any reason, let alone doing it with a bow and arrow, but I
think there are times that you have to look at things fiscally, put things in priority
and say 'I think people are more important than deer'. I'm ready to vote.
O'Donnell: I think the deer hunters are kind of getting a bad rap on this. I mean they're
dedicated.., imagine going out and smearing black all over you, they spray
themselves with something that is really not friendly...and dress in green, sit in a
tree stand for five hours. That's either dedication or the guys got a problem.
Lehman: No, its sport and they do it all the time. They just can't do it in the City limits.
Heck, why don't we just have a kegger and go shoot all the deer.
Vanderhoef: Did you just actually say that?
Lehman: Yes, I did.
O'Donnell: But, Ernie, we can use that sport as a way to control the deer and safe an awful lot
of money.
Lehman: But they do it all the time.
Champion: My brother is a deer hunter and he does all those things but he doesn't hunt in the
City limits.
Bailey: So is mine.
Champion: He also hunts with a shotgun or a bullet...what do they call it?
Bailey: A gun.
Champion: Yes, a gun.
Bailey: They make a loud noise and - (Laughter)
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Champion: He also is a bow and arrow hunter. Frankly I love the deer tenderloin and I'm not
afraid to eat meat that has been killed by my brother. But, I don't want it
happening in the City limits.
Elliott: I'd like to follow Dee's suggestion that we ask the task force to look into
implementing it on a reasonably limited basis and do it next year and see what
happens...but incorporate all of the safe guards. Our City Manager has brought
several concerns - very legitimate concerns to our attention - meet with the City
Manager, the City Attorney or their staff, consider those concerns, but incorporate
it on a limited basis for the coming year - because they need to start tight now.
Bailey: I don't believe that can go forward, in all good conscious and being good public
representatives, until we have some public heatings. As I mentioned before, this
was a carefully crafted compromise between those people who could not image
killing a deer for any reason and those people who were concerned about deer
management for whatever reasons, for car accidents or for eating their hostas, or
whatever. It's a balancing act. That's the important thing that we have to
remember. It's our responsibility to maintain those balancing acts in our
community. There were no public hearings that the task force did...so it
behooves us... either.., if we're going to move forward in this direction, we have
to open this up to hear the public's opinion.
Elliott: Would we need a public hearing to change the City code?
Dilkes: No. You always allow input when you make an ordinance change but there is not
public heating requirement.
Lehman: This would require ordinance changes which obviously would be discussed a
public meetings. I'm basically not in favor of bow and arrow hunting within City
limits. I can think of very few places in the City where I want people shooting
bows and arrows. However, I can think of a couple of spots on the west
side...around Walnut Ridge...where we have very, very, very low concentrations
of populations and very, very high concentrations of deer where bow and arrow
would probably be the least offensive place to do it. It's not in conflict with a lot
of people, people don't see the hunters and people don't see the animals that have
been shot. As far as telling the deer committee that they can hunt with bows and
arrows in designated parts of the City...that's way, way, way too generally from
my perspective. There may be a couple three places that I could get along with
but by far and away most places in this community I do not think it's appropriate
to have bow and arrow hunting.
Bailey: Can't we do something with sharp shooting on the west side to minimize the
deer?
Lehman: Oh, I think we can. I think that Bob has a good point. It is a lot less expensive if
you have hunters go in. If we have a large herd, for example down in the Sand
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Road area, if bow and arrow hunters can take a couple of hundred deer out of the
west side and the south side and they're paying $26 for a tag and we would have
paid $300 per animal, it's a significant difference and there are probably two
hundred fewer deer.
Bailey: The last time that I looked at the statistics, the property damage - that would be
vehicular damage - amounted to about the same amount that we spent on deer
control. We're not really making...
Lehman: We're never going to make any headway on this.
Bailey: Why don't we just do more efficient sharp shooting? If you're interested in
cutting costs...I would entertain some other ideas. One liability issue and we
have not cut costs...we've just increased our costs dramatically.
Elliott: I can't imagine why you would see more liability with a bow and arrow than with
a high-powered rifle. It doesn't make sense to me.
Lehman: Well, you've got a professional shooting the rifle and that's not the same with the
bow and arrow.
Elliott: You'd have certified bow hunters and certified marksman.
Lehman: That's not the same .... and I don't know if there is a huge liability issue...but I
don't know that there is either. Other cities have done it successfully all over.
How do we want to handle this? We need to send some sort of indication to deer
committee as to what we're going to do. I hear some adamantly in favor of it,
some adamantly opposed to it, and some would be willing to try it on a very
limited basis.
Bailey: We've got three, two...where's Dee? I think you're it.
O'Donnell: I think we should take their advice, do it on a limited basis and at the same time
look for an alternative with local sharp shooters.
Lehman: I am willing to do it on a limited basis. I am not willing to do it unless
Council...or at least as far as I'm concerned that we have the say as to where it
occurs. Where it will occur has to be approved by the Council.
Elliott: I think...what's wrong with having them come back to us...I don't know if a
couple of months would give them time enough to set up -
Lehman: - They have to be quicker than that.
Elliott: With a plan .... as a matter of fact they may be able to come back to us in a month
with a plan.
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Bailey: I just don't support bow and arrow hunting.
Dilkes: Can I interject here for a moment? Steve, correct me ifI am wrong, and maybe
the deer committee people can, but it's my understanding that they are making
this general recommendation and the details were going to be left to staff and the
Council to formulate.
Atkins: That's correct and fair.
Bailey: It doesn't go back to them then?
Dilkes: I think that has been the understanding.
Atkins: If you were to approve of bow hunting of any kind, first of all you have to amend
two ordinances - it can't happen. Secondly, I assume you'll send us back and say
put together the best bow hunting program that you can. Any restrictions, as a
matter of policy that you want to put on it, I'm sure the task force will be listening
to those. Whatever 'limited' means, for example.
Dilkes: Let me give you an example. When the recommendation by the committee was to
do sharp shooting they did not get into the what's, when's, where's, and how's
about the sharp shooting. I think that has been their understanding with respect to
this proposal as well.
Elliott: However, I would think that staff, rather than setting up any program unilaterally
would certainly want to...the Deer Task Force has certainly looked at this long
and hard in conjunction with the DNR and I would think that staff would certainly
want to meet with the task force and sit down with them as such a program is put
together.
Lehman: Coralville laid out specifically the areas that it could be hunted in.
Atkins: We would not act unilaterally. It would have to go to the task force.
Lehman: What I'm saying is that it was not left to the decision of the DNR or the Deer
Task Force or anything else. It was specifically stated where they could hunt.
Elliott: Yes.
O'Donnell: It's in sparse areas. You know, they're not sitting on the top of
Handimart... (Laughter)
Schrieber: I live next to the Handimart.
Lehman: Oh dear me.
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O'Dormell: They do set designated areas and I'm all in agreement with that. The whole thing
is about safety.
Bailey: No, it's become about hunting.
Lehman: I'm not sure where we do know where we are.
Elliott: Again, I thought Dee...
Lehman: We know where you are.
Elliott: Well, how many agree with me?
Bailey: Mike does.
O'Dormell: I vote yes.
Lehman: You vote for bow hunting. You vote no. No. No. No. Maybe. No. Forget it,
we're not going to do it.
O'Donnell: You voted in down?
Lehman: Yeah.
Bailey: Yes.
O'Donnell: Way to go Ernie...I thought we were talking compromise here. ! think it's time to
break or go home.
Lehman: Break?
Bailey: No, we've got three more items. Can you hang in there?
AGENDA ITEMS
Lehman: Agenda Items?
ITEM 15. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT
BETWEEN CLEAR CREEK, LLC; SOUTHGATE DEVELOPMENT
COMPANY, INC.; THE CITY OF IOWA CITY; THE CITY OF
CORALVILLE, AND THE IOWA CITY COMMUNITY SCHOOL
DISTRICT FOR DEDICATION OF A SCHOOL SITE IN CONNECTION
WITH THE PROJECT TO JOINTLY CONSTRUCT CAMP CARDINAL
ROAD.
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Dilkes: I just have one comment on Item #15. It's the school site agreement for Camp
Cardinal Road. The comment has an error. This is one we've been trying to get
done for months now. The comment refers to a percentage allocation and that has
since changed to a $56,000 contribution my City.
Elliott: Rather than 1/6th?
Dilkes: Yes.
Correspondence F{1) Oakcrest Parking
O'Donnell: I want to talk a little bit about F(1) of the consent calendar. Oakcrest. The last I
heard on this was that we had a meeting, people agreed to have parking banned
between 10-4 and then they had a meeting after that meeting and most of them
recanted the entire agreement. Did you read that in the paper?
Atkins: That's exactly what I thought, Mike.
O'Donnell: I don't whether we defer this thing until we get a definitive thing to vote on.
Lehman: Can I suggest that we remove it from the consent calendar -
Elliott: What are we talking about?
O'Donnell: Fl.
Elliott: I'm still licking my wounds here...I'm sorry.
Lehman: Consent calendar, Fl. Take it out and defeat it. When they can come back to us
with something they can agree on then we'll pass it. No, they were 48% now.
They were 21 out of 23, then they were 11 out of 23...they have no idea what
they want.
Bailey: And staff has no opinion, right?
Atkins: Yes.
O'Donnell: So you're suggesting that we remove this entirely.
Lehman: Take it off then vote on it and defeat it. Don't defer it any more. Let them wait'
until they can come back to us with something they can decide on.
Elliott: Do we remember what the status is now? Is it a 'No Parking' now?
Bailey: Yes.
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Elliott: It's 'No Parking' now.
Bailey: We're going to keep it that way and if they want to change it then they can figure
it out.
Vanderhoef: The bus drivers will be pleased.
Champion: Yes.
O'Donnell: But the neighbors won't.
Lehman: They don't know what they want.
Bailey: They'll be motivated to figure out what they want.
Lehman: I think they'll be far more motivated if it's completely taken off...we leave it
alone and it's not going to change until they come to us with some sort of
consensus. I had a staffperson today that at this point 48% want the signs taken
down. That is just too close to call. Let's just vote this thing down.
Bailey: Let's leave it the way it is...and if they want to change it then we'll be here.
Lehman: Does that sound reasonable?
O'Donnell: That sounds good.
Elliott: Except is it a compromise...
Atkins: Take it off, defeat it, leave it alone, and wait for white smoke...(TAPE ENDS)
Lehman: All right, any other agenda items?
COUNCIL TIME
Lehman: Council time. I have one thing. County has approached us...I got a note from
Karin Franklin .... we're going to be updating and reviewing our Fringe Area
Agreement with the County and the County would like to meet with a couple of
us. I've asked Ross...with your permission, he and I and Karin Franklin will
meet with the County representatives and go over...my guess would be very little
to go over.
Champion: Terrific.
Lehman: Is that okay?
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May 2, 2005 City Council Work Session Page 50 of 51
Bailey: Sounds good.
Lehman: Anything else for Council Time?
O'Donnell: Yes, there was a baseball game on Sunday at Regina and you were to throw the
first pitch out.
Lehman: No, I was not there.
O'Donnell: I know, I said no because you were going to go...and you didn't go. I told them
the situation and they're fine with it.
Bailey: I should have brought this up with Marcia was here...but the board commission
application on-line works now and it looks great. I think we should do the same
for the PIN Grant. Some of those are kind of hard to read when you're reading on
the screen, so I think all of our applications for the City should be available to fill
out on on-line. I think it's easily enough done. So, could we look into that?
Atkins: Sure.
Vanderhoef: They still would have the option to...
Bailey: Oh yeah, they will always have the option.., but wouldn't you.., most people
would prefer that.
Wilbum: It would make it more convenient for some.
Bailey: For others.
Lehman: Any other things for Council time?
PENDING ITEMS
Lehman: Steve, we're going to need to put the alcohol thing on a work session and we will
then at that time determine if we're going to do anything, let it go, drink to it,
whatever.
Bailey: Were we going to talk about County/City Assessor? Is that on that list yet?
Atkins: No.
Lehman: It can be.
Karr: It can be. You had last discussed that at your last city conference board
meeting.., rather than separately.
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May 2, 2005 City Council Work Session Page 51 of 51
Bailey: Are people interested in...?
Elliott: You mean combining?
Bailey: Yes.
Elliott: Absolutely.
Wilbum: We can talk about it.
Lehman: Well, let's put it on a work session. Any other items? All right folks...
This represents only a reasonably accurate transcription of the May 2, 2005 Iowa City Council Work Session.