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HomeMy WebLinkAbout2002-01-22 Transcription January 22, 2002 Special Work Session Page 1 January 22, 2002 Special Work Session 5:30 PM Council: Lehman, Champion, O'Donnell, Vanderhoef, Kanner, Wilbum (5:35) Pfab (5:45) Staff: Atkins, Helling, Karr, Dilkes, Franklin, Tmeblood TAPES: 02-09 SIDE TWO; 02-10 SIDE ONE Planning & Zoning A. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 5 ON AN ORDINANCE TO REZONE APPROXIMATELY 0.63 ACRES LOCATED AT 707 N. DUBUQUE STREET FROM HIGH DENSITY MULTI-FAMILY, RM-44, TO SENSITIVE AREAS OVERLAY, OSA/RM-44. (REZ01-00010) B. PUBLIC HEARING ON AN ORDiNANCE TO REZONE 95 ACRES LOCATED BETWEEN COURT STREET AND LOWER WEST BRANCH ROAD FROM LOW DENSITY SINGLE FAMILY, RS-5, AND MEDiUM DENSITY SINGLE- FAMILY, RS-8, TO SENSITIVE AREAS OVERLAY. (REZ01-00023/SUB01- 00025) Karin Franklin/The next item is a public hearing on an ordinance to rezone 95 acres, the Lindemann tract is what I'll call it, it is what we have recently annexed and you have the final reading of the rezoning later on your agenda. The way the plat is shown it's on it's side so north is to your right. Champion/Thanks a lot. Franklin/Can you see it at all? Champion/No. Franklin/I can't move that, I'm sorry. Lehman/That's fine. Champion/That's okay. Franklin/You have it in your packet. Champion/Yea I can always read it on that. Franklin/Turn my computer, yea I don't think that will work. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 2 Lehman/Thanks Terry. Franklin/The issue that was discussed during this project going through the Planning & Zoning Commission was the central location or not of the neighborhood open space as it went through the Parks and Recreation Commission, the Planning & Zoning Commission, the conclusion was to accept the plat as it is being shown to you now, the walkways that were mentioned in John Yapp's memo are included, this plat so everything is in order here for you to go forward with it. Any questions on it? Okay. C. PUBLIC HEARING ON AN ORDiNANCE TO VACATE THE NORTHERN 184 FEET OF THE 20-FOOT W1DE ALLEY RIGHT-OF-WAY LOCATED SOUTH OF BURLINGTON STREET AND WEST OF DUBUQUE STREET. (VAC01- 00004) Franklin/Public heating on an ordinance to vacate the north and that should read 182 feet as we've started negotiations on this with the property owner to the east and west, it is changed from 184 to 182 feet of a 20 foot wide alley, this is in block 102 between Burlington Street and Court Street, the site of the near Southside Transportation Center. And this vacation is at the request of the neighboring property owner, the Heironomy?? partners in anticipation of a project on the northwest comer of that block. D. PUBLIC HEARING ON AN ORDINANCE TO VACATE A PORTION OF NORTHGATE DRIVE. (VAC01-00006) Franklin/The next item is a public hearing on an ordinance to vacate a portion of Northgate Drive. You will within a month be seeing the final plat of the resubdivision of the Highland first addition. With that resubdivision Northgate Drive has been realigned ever so slightly to the east and as a consequence of that we have to vacate the right of way that was dedicated with the initial platting of this property. Kanner/Karin. Franklin/Yes. Kanner/Going back to number C the vacating the alley way, the child care center is going to be right about there, any thought to maybe a door in the back? Franklin/The child care center is going to be in this vicinity on Dubuque Street, the alley vacation that we're talking about is at this point, the access to the child care center will be from Dubuque Street and then inter. Lehman/From the inside. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 3 Franklin/From the inside, thank you, from the inside, I believe there's a door that goes into the parking facility for employees. I'd have to check on that though Steven, I'm not positive. Kanner/Will it go all the way to the back to the alley, the child care center? I'm just wondering how. Franklin/No, it will not, it will go along the face of the transportation center roughly where I'm outlining here, but most of this part of the building of the transportation center is in the parking system. Kanner/ Okay. Dilkes/I'm sorry Karin on that same one I talked to Mitch late this afternoon and I think it's probably best to just leave it at 184. Franklin/ Oh okay. Dilkes/That's what we've noticed, we can go smaller but I hate to have the proceedings on something smaller and then need to go bigger. Franklin/Okay, okay fine. E. PUBLIC HEARING ON A RESOLUTION ANNEXiNG 4.01 ACRES LOCATED SOUTH OF HERBERT HOOVER HIGHWAY EAST OF SCOTT BOULEVARD (ANN01-00005) Franklin/We're at a public hearing on a resolution armexing 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard, this is the Iowa City Care Center which we've talked about for some time the need for annexation to put this on municipal sewer. F. PUBLIC HEARING ON AN ORDINANCE REZON1NG 4.01 ACRES LOCATED SOUTH OF HERBERT HOOVER HIGHWAY EAST OF SCOTT BOULEVARD FROM COUNTY LOCAL COMMERCIAL, C-l, TO COMMERCIAL OFFICE, CO- 1, (REZ01-00025) Franklin/And the next item is the zoning of that property to CO-l, CO-1 does improve nursing homes and the zoned which is most consistent with the northeast district plan. Kanner/And that doesn't need a lift station at all, the sewer system? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 4 Franklin/No, this, in fact you'll be talking about this or we did talk about it a little bit with your capital projects, the Lindemann tract is this piece just to the south of there as part of that development, the trunk sewer will go in for at least a portion by the private development and the question will be as to if and when the city extends that trunk sewer further through the Plum Grove acres property which would then serve the care center. The care center would then have gravity flow to that sewer. Vanderhoef/Kafin am I correct that both of the annexed pieces of property the one between Court and Lower Muscatine and Lower Muscatine to Rochester both of those will be asked to pay part of the cost for the extension and upgrade of Lower West Branch Road? Franklin/For a prorated share yes. Vanderhoef/Roughly how much is that? Franklin/I can't tell you offthe top of my head, I just don't remember Dee, I'd have to get that for you. It was based on our estimate of the cost of Lower West Branch Road, you then take 50 percent for general community traffic, you then take 50 percent for one side of the street and then it's based on the number of acres that are represented and so it's a calculation and I just don't have the number in my head. Vanderhoef/So it's both property and building of the road, they will be giving up some property. Franklin/They dedicate the right of way for the road if it is not already which of course it wouldn't be being in the county it would have been on easement over property so they dedicate the right of way for the road they also commit to paying a prorated share based on well say for the Lindemann tract, we based it on an assumption that people north ora certain line would use Lower West Branch Road, south would use Court and so based on that acreage and then the other stipulations that I outlined it's an amount that would be paid for Lower West Branch Road. Vanderhoef/Okay. Franklin/We did get with both the Lindemann annexation and rezoning as well as the Plum Grove Acres the easement that is necessary for the sewer. Lehman/Good. Pfab/I have a question. Is that, is there some water waste in that one, I'm not sure which? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 5 Franklin/In the care center? No. Pfab/Is there, okay so none of this has a water way that? Franklin/No, I think what your thinking about Irvin is the lagoons that serve the Cam Center. Pfab/No, no, I'm thinking of something different. Franklin/Are southwest of there, they're in the Plum Grove Acre property. Pfab/When I walked in I wasn't sure which this was, okay this isn't the one I was. Franklin/Okay. Vanderhoef/So would it be the, the Care Center would have to take that out and restore that area before it could be developed after they hook (can't hear)? Franklin/There would have to be some arrangement between the Care Center and whoever develops the Plum Grove Acres property in terms of who has responsibility for it, it's not the City's responsibility. Now when we do the sewer project, the sewer project goes right through or very close to where the lagoons are. We'll have to figure that out. Lehman/We're going to drain them. Franklin/The engineer's will figure that out. Vanderhoef/Okay because all I'm thinking about is the public safety piece of it of getting that cleaned up however it works and what our responsibility might be for that. Franklin/ Yea when we work through the plan for Plum Grove Acres my recollection is is that we looked at the concept of development of that site based on the lagoons being gone, their being the restoration of a wetland area, a buffer established that is in the incline where the lagoons are currently located. But in terms of how that's all going to be engineered at this point that's not all figured out. Was that your (can't hear)? Vanderhoef/Is that up to EPA or who to certify that it's (can't hear)? Franklin/It would be under our sensitive areas ordinance, we would be involved in it, DNR would be involved in it. Vanderhoef/DNR okay. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 6 Franklin/Those should be the two regulating agencies. Vanderhoef/EPA. Franklin/ I don't know if Public Health is involved or not, I kind of doubt it, but DNR and the City would definitely be involved in it. Kanner/What are the things that they can put in for CO-l? Franklin/Any kind of office, I think financial institutions, probably day care centers. Karmer/Are they talking of expanding their center? Franklin/No not that I'm aware of, it's primarily to enable them to get on the municipal sewer because this has been an issue for them for some years and it wasn't until Plum Grove annexed that it became contiguous and they could do that. Vanderhoef/But they have enough property that they could. Franklin/I don't know, I don't know how much they could. Champion/(can't hear). Vanderhoef/I don't know I'm asking. Champion/Well (can't hear) important to us now. Franklin/You probably could, my recollection of the space although I'm not sure because this square is what the Care Center owns, Plum Grove owns around it and then this is another property here. Vanderhoef/Oh in the front of it? Franklin/Yea, the Care Center has an easement out to the highway through Plum Grove's property. Vanderhoeff Interesting. Kanner/Is there any thought of bus service out there in the near future? Franklin/No. Kanner/We've got a bus that goes what about a half mile out there that Rochester tums off. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 7 Franklin/It's my understanding that we're not looking at expanding any of our transit routes at this point of time because of the financial circumstances, I also you know just speculating but as long as it's just the Care Center there in terms of the rider ship that you would expect I don't know how it would cost out. Once this develops as a commemial area, which is what it was annexed to be as a commemial center that certainly would change the profile but there's no immediate plans for that. Anything else? G. CONSIDER AN ORDiNANCE TO REZONE .63 ACES FROM GENERAL iNDUSTRIAL, I-1, TO iNTENSiVE COMMERCIAL, CI-1, LOCATED ON THE SOUTH SIDE OF HIGHWAY 1 WEST, WEST OF RUPPERT ROAD. (RE01-00021) (PASS AND ADOPT) Franklin/Item G then is pass and adopt on the rezoning near Carousel Motors. H. CONSIDER AN ORDINANCE TO VACATE WEST BENTON COURT NORTH OF BENTON STREET. (VAC01-00003) (PASS AND ADOPT) Franklin/Item H pass and adopt on the vacation of West Benton Court. I. CONSIDER AN ORDINANCE TO REZONE APPROXIMATELY 38.24 ACRES FROM LOW DENSITY SINGLE FAMILY, RS-5, COUNTY HIGHWAY COMMERCIAL, CH, COUNTY LOCAL COMMERCIAL, CI AND COUNTY MULTI-FAMILY, R3A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES), MEDIUM DENSITY SINGLE-FAMILY, RS-8 (21 ACRES), AND LOW DENSITY SINGLE-FAMILY, RS-5 (6.22 ACRES) FOR PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD. (PASS AND ADOPT) J. CONSIDER AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 105.2 ACRES OF PROPERTY FROM SUBURBAN RESIDENTIAL, COUNTY RS, TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, RS-5 (45.08 ACRES), AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8 (60.13) FOR PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE. (PASS AND ADOPT) Franklin/I and J are the final readings on the zonings for the annexation of the Lindemann farm and the Plum Grove Property. Dilkes/I'm sorry Karin can we back up to H the vacation of West Benton Court, aren't we holding on that for an offer on the conveyance from Downer? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 8 Franklin/Are we? Dilkes/I think that's, I think so. Franklin/That's typically what we do. Dilkes/Yea we don't have a conveyance in place. Franklin/Okay have you had any contact? Dilkes/John Yapp, no John Yapp told us that he had talked to Downer and Downer was putting an offer together, Bob Downer who represents Oaknoll, so we need to defer that. Franklin/Okay so defer that, thanks. K. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF OAKES SIXTH ADDITION, A 30.11 ACRE, 18-LOT RESIDENTIAL SUBDiVISION LOCATED AT THE WESTERN TERMINUS OF BRISTOL AVENUE. (SUB01-00033) Franklin/And then K has been requested for a deferral pending construction plans and legal papers being submitted and approved. Vanderhoef/Just to the next meeting? Franklin/Yes, Vanderhoef/February. Lehman/Fifth. L. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF PRESS-CITIZEN ADDITION, A 33.48 ACRE, 3-LOT COMMERCIAL AND RESIDENTIAL SUBDiVISION LOCATED AT THE INTERSECTION OF DODGE STREET AND SCOTT BOULEVARD. (SUB01~ 00032) Franklin/Okay and the last item, are we ready? The last item is a resolution approving the preliminary mid final plat of the Press Citizen addition, a three lot subdivision on Dodge Street and Scott Boulevard. Because this is a minor subdivision that is that there is no infrastructure that is part of this, the sensitive areas ordinance does not apply at this point. It is a subdivision for the purposes of conveyance, we have put in a stipulation that there is no access from Lot 2 to Dodge Street and everything is in order. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 9 Lehman/Okay. O'Donnell/Thank you. Pfab/I have a question, before my time, I hear rumors that there was an agreement when the Press Citizen went out there that this was going to be left in it's natural area, is there anything to that? Franklin/I don't recall, I read that in the letter or paper or something, I don't recall that, this has been zoned, lot 3 has been zoned RS-5 for as long as I can remember. The Press Citizen requested the RDP zoning along the Dodge Street on the comer there which would have been the last time that we had discussions with them. Pfab/From what I'm hearing by pits and pieces when the Press Citizen decided to go out and locate where they were which was some years ago that there was some kind of an agreement that it was going to be left in it's current state. Franklin/There is no formal agreement between the Press Citizen and the City of Iowa City that that's going to be left in it's natural state. Pfab/I don't know if that was the exact words but. Franklin/! don't know what was, I can not remember, would not profess to remember what was said at that time whether anybody from the Press Citizen ever said that they were going to leave it in it's natural state forever. I would certainly doubt that given the size of the land that's owned there. Pfab/Could the record be checked to see if there, that was any part of any agreement? Franklin/It is not part of any agreement I can tell you that unequivocally. Pfab/That is absolutely (can't hear)? Franklin/ Yes. Now before the Press Citizen develops or anyone develops Lot 2 we will need to amend the zoning agreement for this RDP because a research development park zoning requires that you submit a plan as to what's going to happen to the land when it's done. When this was submitted, what was submitted was a development plan for the building that is on Lot 1 and this may be where the story is coming from. In order to change that plan just like a conditional zoning or a planned development because of a nature of the RDP zone for development to occur on Lot 2 it will require an amendment of that RDP plan, okay. Pfab/Okay. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 10 Franklin/That did not speak at all to the RS-5 zoned land ~vhich is the subject to controversy with Hickory Heights, okay. Pfab/So by approving this what, why is this necessary in the scheme of things? Franklin/This is necessary in order for the Press Citizen who is now the owner of all of this land Lots 1, 2 and 3 that exist as one piece of ground, in order for them to sell any part of it they must subdivide it by state law, they need to divide it and define a boundary and that's what they then sell. Because right now there's only one lot until this subdivision is completed. Pfab/So at this point this is owned by the Press Citizen? Franklin/Yes. Pfab/Now is there any public document that there is a sell pending or a sell that has been made? Franklin/There is a purchase offer on Lot 3 and there's a purchase offer on Lot 2. Pfab/Is that part of the public record? Franklin/I don't know. Dilkes/Probably not. Lehman/I wouldn't think it could be. Franklin/I don't think so. Pfab/I'm just, that's what I'm just Franklin/I don't think those are recorded because they're just offers, they're not final. Dilkes/Oh no most purchase agreements are not recorded. Pfab/No, I realize that but I was, somebody mentioned the fact that they thought it would have been and I said I was kind of surprised. Franklin/I don't think so, there's no reason. Pfab/But there's some questions that are floating out that nobody can quite figure out. Franklin/It's between two private parties or three private parties in this case. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 11 Kanner/In the background information on page 178 of ours page two, it says the applicant's engineers indicated that Lot 2 and 3 will be sold for future development, Lot 1 which contains the Press Citizen building will be retained by the applicant. Franklin/Right. Champion/Right. Dilkes/Well and there's no requirement that there be a purchase agreement before you subdivide I mean you can do that in anticipation that you'll sell in the future. Franklin/The purchase can not be finalized until the subdivision is done. Pfab/Until it's approved. Franklin/Right. Lehman/This could be subdivided without any negotiations with anybody, they just want to subdivide it for some future. Franklin/Yep, yep. Kanner/Karin I don't see any mention of sensitive areas, does that mean there are no sensitive areas in this? Franklin/No, the reason that the sensitive areas ordinance does not apply with the subdivision is because there's no development activity, this is just drawing lines on the map. With the development of either Lot 3 or Lot 2 in the future the sensitive areas ordinance will apply as development activity occurs. Kanner/I would think the (can't hear) court though would mention this because would. Franklin/It does. Kanner/! don't see where it is. Franklin/There's a section on the sensitive areas ordinance and the fact that it's not applicable. Kanner/I guess I didn't see that. Franklin/I may be wrong about that but I thought there was, I knew I read it. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 12 Kanner/I think that we, I would think that when we're approving platting that we would be tipped by the staff about future possible sensitive areas ordinance overlay (can't hear). Champion/We're not approving (can't hear). Dilkes/It's right here in under subdivision design in the staff report. Franklin/Yea, right, it's the second sentence. Dilkes/It says sensitive areas overlay rezoning is not required at this time because no immediate development activity is being proposed. Development activity on any of the three proposed lots will have to comply with applicable provisions of the sensitive areas ordinance. Kanner/So my question is it says there's slopes, is that the only sensitive areas that will come into play with the future potential, future subdivision? Franklin/We had an archaeological site too. Kanner/Okay, so we've got indications that it's going to be sold for housing, I would imagine. Franklin/One of the lots yes. Kanner/Or in the next year, within the next year I imagine the Press Citizen is going to sell it and they're going to come and probably ask for a subdivision and then we'll probably have to look at a rezoning possible for a sensitive areas. Franklin/That's before the Planning & Zoning Commission right now. Champion/Right. Kanner/It's before, already it's before the Planning & Zoning for rezoning. And what does staff recommend on that? Franklin/The staff has recommended approval, as soon as full compliance with the sensitive areas ordinance is shown. Kanner/And what does that entail? Franklin/That entails a topic that we will be discussing when this comes before the City Council. Lehman/This discussion needs to take place. This represents only a reasonable accurate transcription of the Iowa City Cotmcil Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 13 O'Donnell/Beyond the realm. Karmer/What? Lehman/When that comes up we'll get into it. Karmer/Well actually I think it goes into some of my vote right now and if we want to ask for information we've been told by our City Attorney to bring it up here and I think it's appropriate to hear. Franklin/Any subdivision. Kanner/What the staff recommendation is for something that's going to affect this land in the future, I think it's hard, in my mind to separate it totally and I just think it would be helpful to hear that information Emie. Dilkes/Well all those staff reports are public record, all the proceedings in front of Planning & Zoning are public record, and they have been covered extensively in the paper. Lehman/And we'll get all of those once it gets past. Kanner/I like to rely directly from our staff. Franklin/I guess I would just point out that this is a, the subdivision before you is one that complies fully with the subdivision regulations. Kanner/So the sensitive areas ordinance will be a steep slope is the critical aspect from what yottr saying and the staff is recommending that it be allowed, the subdivision be allowed. Lehman/Well that discussion I suspect will come to us with the subdivision when it's recommended. Franklin/That's right as soon as the recommendation is made by the Planning & Zoning Commission, yea, if you'd like to get a copy of the staff report I'd be happy to get it to you. Kanner/Yea could I have that before our meeting tonight? Franklin/Certainly. Kanner/Thank you. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 14 Franklin/Anything else. Council Time Vanderhoef/While your there, one of the things I wondered about when is Council meeting with P & Z on the possible rezoning down in the Industrial Park for the Fareway store? Franklin/The Planning and Zoning met on that on the 17th, they've made a recommendation to you so that will be coming to you at your February 5th. Letunan/They're making a recommendation. Franklin/To set a public hearing on an amendment to the CI-1 zone which I think was how it was referred to them. Lehman/Oh I was under the impression they were going to request a meeting with the Council but they're going to, we're going to set a public hearing. Franklin/Oh okay, I'm sorry, (can't hear). Lehman/Well I don't know. Dilkes/My understanding is that it came out ofP & Z with a disapproval of a code amendment but then there was a subsequent motion made saying that if you do want to do this we'd like to see these issues addressed. Lehman/Okay fine so we'll see that on the fifth of February, all right thank you. Vanderhoef/I just have one more question to go with it then, in our packet we have a letter from Futrell about this and the concern for her business over in the BDI and the traffic situation and I wondered what's our limit around there for notification of other businesses that might be in the BDI if they wanted to protest the rezoning. Franklin/A rezoning always has I want to say 600 feet but this is a rezoning, it's an amendment to the code, it's not a rezoning of property that is under consideration. Amendments to the code are city wide so we do not have specific notification when we do an amendment to the code since it would mean notifying the entire city. Kanner/1 think it would be a good neighbor practice to send out some notices, Vanderhoef/I kind of think so too. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 15 Lehman/I think that's probably true although I can't imagine there's a single soul that doesn't know about it. Vanderhoef/(can't hear). Lehman/Well tell me who doesn't know about it. Vanderhoef/To know where it is in the process and what the process is because. Franklin/Who do you wish to have notified? Champion/Right, who, the people in the industrial park? O'Donnell/We can put it in the paper again. Vanderhoeff In the BDI. Champion/I'm sure they know about it. Kanner/Well maybe we should say a distance that seems reasonable to have notice. Franklin/(can't hear). Dilkes/The code amendment, we need to do that for every area that's going to be rezoned then I think, I mean that's code amendment is going to apply city wide and to treat it as a rezoning I don't think makes sense. Lehman/No. Kanner/But the reality is we're doing it for a specific spot and I think. Champion/No we're not. Franklin/Oh no your not. Dilkes/No we are not, that is not the reality at all. Champion/The reality is we'll have more repercussions than a single spot. Lehman/Every zone in the city will be subject to whatever changes or not we make. Champion/Right. Karmer/Of course that's what's going to happen but the reality, the reality. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 16 Pfab/We don't talk about it. Kanner/Is that it's being brought because there's some people that want to put a grocery store in that spot and that's why my impression of why it was brought up by the Council to change that because of that and so the reality is that the immediate affect will be the people in that area. Lehman/Do you think there's anybody out there that doesn't know that? Kanner/Like anything we do in Council Emie there's public news which we know sometimes news does not get all the facts for whatever reason and then there's our staff report and our staff information which sometimes is different and as Dee was saying to let people know where we're at in the process is a good thing. And what their possibilities are to come and speak to that. I think it's good, it's a good process for the City Council. Champion/That's because Steven because it affects every zone of that type in the city then if we notify, who do we notify? Then we need to notify everybody in the city and I don't think we're going to go to that (can't hear). Dilkes/And frankly there am people interested in this discussion who have not been told your going to have it so. Champion/Right. Dilkes/So I'm not sure where we are in the agenda, maybe in Council Time or later on what you know. Vanderhoef/Discussion. Kanner/But I did have a question, I think we should bring it up and it sounds like maybe there's a majority or not a majority to not do any notice but I did have another question regards to "L" Karin. Franklin/Sorry I was on my way out. Kanner/We have Ernie's suggestion was the Council majority approved for P & Z to look at changes in the process for sensitive areas rezoning, make it an administrative procedure, where is that in the? Franklin/The Planning & Zoning Commission at their last two meetings have gone until 12:00 and have not had time to set their priorities, they have about six items I think that are before them that are referrals from the City Council, that being one of them, zoning for bars being another one, parking for elderly housing and something else that I can't remember. They need to set a priority on those in their This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 17 and that will then come to you, if you agree fine, if you disagree then you need to direct them to reprioritize. And we'll move forward. Lehman/They have CM-1 I think coming up too don't they? Franklin/That's already in the pipe. Lehman/Okay, all right. Kanner/So we're going to get. Franklin/So I can't tell you right now Steven because I don't know, their next work session need to address their priorities so we can see if those priorities are okay with you guys. Kanner/So it sounds like we'll get the rezoning for this Press Citizen area. Franklin/Oh definitely. Kanner/Sensitive areas before we get a recommendation from them on changing the ordinance in regards to sensitive areas (can't hear). Franklin/Yes, they should vote on that on February 7th, I think, whatever the first Thursday is in February. Kanner/Thank you. Pfab/On this change in ordinance Steven brought up something that I'm curious about does that have to be advertised or is that just part of the Council procedure? Dilkes/You know I would really suggest if your going to do this you do this under Council Time and you do it briefly. There are certain items noticed under zoning and this isn't one of them. Pfab/No, no, no, I'm just saying, this is a broad question. Champion/At Council time. Dilkes/I'm not going to talk about it. Pfab/ Okay, okay, I see what, okay so, okay, I misunderstood what you said. Agenda Items Lehman/Agenda Items. Anybody have anything on agenda items they'd like to review? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 18 ITEM NO. 7. CONSIDER A RESOLUTION AUTHORIZiNG THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)-2C-52. ITEM NO. 8. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF TRANSPORTATION AND HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE NORTH DODGE STREET PROJECT, STP-1-5(69)-2C-52. Kanner/Could you explain Steve I guess the addendum for the IDOT for the North Dodge Street project and it has to do with changing dates that were put in our budget and IDOT's having money available, I didn't quite follow all of it. Atkins/Help me out, remember about three or four months IDOT had to postpone a number of projects, we had made arrangements with them to pursue, we did the environmental assessments and we did all that work under one schedule, that schedule is not out and a new schedule is in and this satisfies, this funding agreement satisfies IDOT's new schedule for the Dodge Street project, does that all sound right? Franklin/Right, yea. Atkins/That's what I understood it to be. Kanner/Could you give the pertinent dates for the financing on that? Atkins/No, no I can't give you that. Kanner/ The building, the beginning of building. Atkins/I think it's 04 ifI recall when the project was postponed to but I'd have to confirm that with (can't hear). Vanderhoef/04 or 05. Atkins/05. Franklin/It might be 05, I think it's 05, which of course is subject to change every year. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 19 Kanner/But we're doing engineering in 03 with Green? Franklin/We're going ahead, because we already started on the engineering work with Green, we were continuing it to get that to a finished state so that we then put that on the shelf and when the money is available we can go, because it's not going to get stale. Vanderhoef/And that's an 80/20? Atkins/Yes. Vanderhoef/So 80 of it comes from IDOT and the whole practice of having it ready on that particular (can't hear) if new funding (can't hear) come down through the state on transportation we could be ready to go when somebody else might not be ready to go so I support this idea of moving ahead on it. O'Donnell/Good. Kanner/So the engineering, is this going to be for 02 or for 03 for the agreement we're going to do on number 8 with Green Engineering? Lehman/Probably both. Franklin/It probably be both Atkins/If you enter into this agreement it will be 02 and carry over into 03. Lehman/Right. Atkins/Certainly the work will. Right. Karmer/Thank you. ITEM No. 3g(3). BRUCE GLUCKMAN (MEDIACOM): FRANCHISE FEES ON NON-SUBSCRIBER REVENUE Pfab/Has an issue on oh what is (can't hear). The correspondence from the Media, ! read that and I couldn't quite understand what that means. But they say that they are, it's a pass through that they call it, I don't have it right in front of me. Champion/I don't know Irvin. Atkins/I'm sorry (can't hear). This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 20 Pfab/They said something about franchise fees and I thought they said something about pass through, what was the real meaning of that real letter? Atkins/Is it something for cable then? Pfab/Yea. Kanner/3g correspondence. Pfab/Does anybody know what page it's on it's been a while since I. Dilkes/It's in the correspondence in the. Pfab/Pardon. Helling/The letter from Mediacom right? Pfab/Right. Helling/That has to do with a recent (can't hear) Communications Commission ruling that says that the funds, the five percent that they, their revenue that they contribute to things other than subscribers like advertising and so forth can be passed on to subscribers, previously it couldn't, so it's a way for the cable companies to (can't hear) through additional that money that goes to their, the five percent franchise fee that they pay. Pfab/So they're reducing their franchise fee. Helling/No, no, in fact I think we've been looking to see who's going to challenge that because it's really a, it's a greater burden on the subscribers and it takes away the burden from their other customers, they're advertisers and so forth where they get revenue it takes away from them the responsibility of paying that five percent. In other words they could lower their advertising rates and make it up on the shoulders of the subscribers and we don't think that that's appropriate. Pfab/Well at the present time are fees other than what we're services that were in place at the time franchise fee was written. What happens to the new services that they're adding? Am those, are them franchise fees paid on those? Helling/The franchise fee is five percent of their gross revenue. Pfab/Of their gross revenue, while other Iowa City residents pay at five percent. Helling/Whatever they, whatever revenue they take in in conjunction with their Iowa City franchise, they could be from their. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 21 Champion/Advertisers. Helling/Subscribers in Iowa City, it could be from their advertisers, a whole variety of ways that they have revenue. Pfab/Internet access and things like that also. Helling/Now the Internet part of it is also up for debate at this point, there's some challenges to that. Pfab/That's what I was trying to sort through and I couldn't it didn't jump out at me. Helling/They're still paying five percent on their revenues but that's being debated nationally as well. Pfab/So what your saying is that they don't have to pay the franchise fee on advertising, income from advertising in this market. Helling/ Yes they do have to pay that if that's income, but they can pass it through to the subscribers. Champion/So that we would pay for it. Helling/So that means the subscribers pay that instead of the advertisers is what it amounts to. Kanner/And so the new rule is saying that it's going to be a bigger burden on the subscribers instead of their investors and from their profits, so it seems we need to have a work session to see if we want to continue to have this fee collected. Mediacom is suggesting that we want to might want to do away with it, ! think we need to have more discussion on this and perhaps (can't hear) the Federal Communications Commission to talk about and get a report back to us. Champion/Your right but I just want to clarify something, it's my understanding that it's the people, the investors do not pay the five percent franchise fee, the advertiser does. Like ifI spend a $100 on advertising I pay $105, I pay the franchise fees so it doesn't come out of their profits anyway, but they want us to pay it now. Lehman/Right, suggest that the Telecommunications (can't hear). Helling/They will be picking it up in the near future. Lehman/And give us some sort of synopsis and where we are. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 22 Helling/Yea it will be on their agenda in the month or so. Pfab/ Okay so is that something that we could have, are we going to just get a report or? Lehman/Why don't we find out what they say first. Champion/Right. Pfab/And how soon is that? Champion/Whenever. Helling/Well I don't know if they have it on their agenda for next week or if it will be in their February meeting but it will be coming up shortly. Kanner/Are we, is there any thought to challenge, you gave the impression that maybe there will be some legal challenges, and are they planning to implement these advertising profits that normally get passed onto us to the subscribers right away? Helling/That's my understanding. Kanner/Well are there any plans to challenge this legally from us or from other people in the area? Helling/We're trying to find that out right now who is interested, right now we know of some several cities in Texas I think are interested, I believe it will be challenged but how quick that will come together in a concerted effort I don't know but I would guess pretty quickly. Lehman/And we'll get that information relative to the Board after their meeting. Helling/Right, right. O'Donnell/Good. Literary Walk Lehman/Karin, Literary Walk. Franklin/In the Public Art Comxnittee we've had some discussion about extending the Literary Walk down Linn Street towards the new library. There were not six authors that were not included in the original Literary Walk due to lack of space, the artists that did the bronze plaques is willing to do these six additional, they would cost $4,000 a piece for a total of $24,000 the question is to you is whether This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 23 you have a question at all in continuing the Literary Walk, this would probably be without the stamped concrete since it has had mixed reviews. Vanderhoef/Thank you. Franklin/And it would not be the entire extent of Linn Street it would be just where sidewalk was going to be removed, for instance by the project that's currently going on at the comer of Linn and Iowa and in front of the Library when that sidewalk is redone, we're not talking about ripping up sidewalk to put in the bronze plaques but with the opportunity of that sidewalk being taken out that there's another opportunity to put plaques in there. Now this all assumes that the $100,000 is included in the Capital improvements for next year because this would be fiscal year 03 so obviously if you decide not to do that this is out of the question but just it's something that we have to start planning for if it's going to happen particularly in conjunction with the Moen project on Linn Street. Vanderhoef/So your saying everything that's in the art fund right now is committed. Franklin/That's right. Lehman/Okay. Pfab/Okay, a question, so would you put that, would you actually put it as sidewalk that reworked? Franklin/Yes. Pfab/Even if there's a space there that a sidewalk isn't being tom up at some future time was it would be a. Franklin/That would be the plan. Pfab/Okay, so in uniform as far it went eventually. Franklin/Yea eventually, in the short time it would be from Iowa Avenue down to and in front of oh I don't know how to describe the property it's before you get to the old mortuary. Lehman/Right. Pfab/It's just what (can't hear). Franklin/Right and then there would be a lapse in it until you get down to the new library. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 24 Lehman/This is just kind of a FYI for the Council. Franklin/Well no it's a 'tAre you interested"? Ultimately you all have to say this is okay to do to spend that money and the Public Art Committee would like to do it, we don't have any formal contract to bring before you at this point but I'd like to get a feel of whether your open to it or not you know if a majority of you just hates the Literary Walk then. Champion/No I love it. Franklin/Then we're not doing any more. Champion/But I do think. Lehman/Are there four of us who think this is a pretty good idea? Wilburn/(can't hear) this decision until we decide about the. Vanderhoef/Budget. Wilburn/Budget. Lehman/I think if there are four of us feel that we're going to do it then it precludes us, I guess what we're saying is if we're interested in doing it we're going to have to fund it, I think that's the bottom line. Franklin/Well I'm not asking you to make that decision right now because I understand that your in the throws in all of that but if you are interested in this project we'll put it in the list of possibilities for next year, if you decide your not going to fund Public Art then so be it, everything including this would be. Lehman/If we decide to fund Public Art are we interested in continuing the Literary Walk? I guess that's what you'd like to know. Franklin/That's what I'd like to know. Lehman/Yes and I think that it's a great idea. Vanderhoef/I think we can and I'd also encourage exploration on private funding for it. Lehman/Well that's, well get into that later, Champion/I just want to bring up the fact that I've heard people complain about how slippery brass plaques are with their snowy or wet, I think we have to address that. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 25 Not all of them are slippery, some of them are shinier than others, I would like the Art Committee whatever to. Kanner/Maybe some of them have more raised points. But I have a question before we go ahead for perhaps the Council and Karin, we're going to start hopefully doing some of the neighborhood art project and I like that idea and I like the Literary Walk but if we had a choice of where we want to put more emphasis, as this takes off I like that idea of the neighborhood art projects with a leader, an art leader, and then mentoring someone and the neighborhood involved and I would want to put more emphasis there than perhaps Literary Walk for a little while. Franklin/One might, one need not preclude the other given the cost of those two projects. We're looking at about $38,000 for the neighborhood work that would be done in the next year. Kanner/But if it takes off we want to expand it to other ones right? Franklin/Right, right. Kanner/And that might mean more money than that. Franklin/Yea, yea, well understand that you all as different projects come through you get the final okay so if that, if that appears that is happening that you want to put greater emphasis on art within neighborhoods then as you get the contracts that's an opportunity also but I hear what your saying. Pfab/I think there's probably not that much difference between what we're saying, I'd be for putting in the plaques, that's I don't think that was the term was, okay the plaques, when the sidewalks are, whenever that happens until they're finished. I would not be have any interest in creating the effort to rework the sidewalks to put them in. Champion/None, no. Franklin/No. Lehman/Okay we are all on the same page. Thank you Karin. Terry, Parks and Recreation Fees and Charges. Parks and Recreation Fees and Charges (ITEM NO. 10. CONSIDER A RESOLUTION ESTABLISHiNG A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS.) This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 26 Terry Trueblood/It seems like I've been here before doing this. But we're, I'm here to give you a brief summary on the proposed Recreation Division fees and charges for next year and then after that I'd be happy to entertain any questions. You have in your packet the proposal for next year and that includes 65 fee increases out of a possibility of 91 line items in that or stated differently more than 70 percent of our fees are proposed to be increased for next year. As you know the goal is to get 40 percent of our Recreation Division revenues from non property taxed sources. I would tell you that the first effort this year by staff came out to something less than 39 percent so I went back to the drawing board and then proposed a number of additional fee increases to be implemented a year sooner than what they were initially proposed for to try to reach that 40 percent and I'd just like you to know that those included because they're not delineated as such on your packet would be. (END OF 02-09, SIDE TWO) Trueblood/Swimming pool admissions, which is thc big one and then that leads to swim punch cards and swim passes, also private swim lessons, room rentals at the Recreation Center, locker rentals and equipment rental. And that brings us to 39.4 percent. This is what the Parks and Rec. Commission wanted me to present to you in hopes that it would be sufficient, if not just send us back to the Commission and we're prepared to discuss budget reductions and/or more fee increases to achieve that 40 percent, most likely it would be budget reductions as opposed to more fee increases so with that I'I1 open it up for questions. Champion/I do think the raise, the increases were pretty modest and I think a lot of it is still a bargain, I think your fine. But your worried about that little less than one percent that your not making the goal? Trueblood/Correct. Vanderhoef/Is the $2.25 swim admission, how does that compare to pools around us do we know? Trueblood/Last year we did a survey of several communities, and we were right on target, pretty much right on the average of what most communities charge. Vanderhoef/At the two. Trueblood/Those communities that don't have leisure pools, the communities that have leisure pools charge more. Kanner/What do you mean by leisure pools? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 27 Trueblood/Water park concept, slides, lots of big slides, you know maybe a river type facility, and fountains and that type of thing. Pfab/I have a question on a record that was dated December 12 neighborhood open spaces, Lindemann Subdivision. Lehman/We're talking about fees now. Pfab/He said he's open for questions. Lehman/Yea but the questions are relative to the fees that's what's on the agenda. Pfab/Okay. Vanderhoef/What prompted you to eliminate the forfeiture rule that we've had on the books for quite a while? Trueblood/Basically a non issue, it was the kind of thing where it was very, very revenue and more trouble than it was worth. Vanderhoef/People not paying it. Trueblood/Well hassling over payment of it and there was so very few of them that it just it wasn't worth the kind of the bad PR it created for us. Vanderhoef/No, that's fine. Karmer/Terry what does that decimal point equate to dollars that under 40 percent from the general fund? Trueblood/If we were to make budget reductions to achieve 40 percent it creates to about $37,000 - $38,000. Kanner/I'm a big advocate for the Farmers Market having worked there as a Supervisor before and I think it's a great program. I like to keep the cost down as Iow as possible, I see it's going up. My question to you is is it possible to expand the spaces in the parking ramp for more lots for vendors? Trueblood/It's, yea, I'm sure it's possible, the more spaces you expand the market the fewer parking spaces there are for the patrons that kind of thing but Marilyn, Mafilyn Kriz who runs the Farmer's Market program for us, last year we talked about that and she has been able to accommodate virtually everybody who wants a space except on occasion for those people who just you know maybe they're at the market one or two or three times a year and maybe were full and can't accommodate those that they're very short term so to speak. I know she This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 28 accommodated all of them that wanted a season vending pass, yea it would be possible. Kanner/Well I think there's been some waiting for Saturday's that's been a bit of a hassle and it seems that this is an attraction that still a great amount of people don't know about in the city and regionally perhaps and there's even more we can do to promote this and to expand it. People talk about Madison Market that's a big attraction that people, and I'd just like to look at doing more and I know there would be complaints about taking that parking away on the other half but people would shortly I think get used to walking a few extra feet from the uncovered parking lot and maybe parking upstairs, people tend to park upstairs and I think we need to try some innovative things there especially if we're talking about raising the price a little bit for these vendors. Trueblood/Well we used to, a few years ago we use to have an advertising fee that the vendors paid and that was strictly, that was a separate fund strictly for advertising but maybe two or three years ago they decided they didn't want to do that anymore, didn't want to pay that fee for the advertising so, so the advertising or the marketing hasn't been as much in the last couple years as what it used to be but that was because the vendors basically said they didn't think they needed it. What we have done as you know we've implemented concerts for quite a few of the markets and they have some of those special events, I can't remember what they call it where you can come by and get the free food and you know that kind of thing and we put up the signs of course. And Marilyn still does some advertising through the newspaper, through all the news media when the market starts and that sort of thing, but yea we can explore some ways, inexpensive ways it would have to be to possibly market it a little more, market the market. Karmer/I know when I was there the Downtown Association had some interest in doing a few things and maybe we could get some support from them and maybe even bring it out into the ped mall or the Washington Street or Dubuque or once a season or so. Trueblood/Marilyn has been in touch with somebody more than one occasion so far that just hasn't come to fruition, they've talked about moving it downtown maybe on Dubuque Street or whatever a couple times of year but for whatever reason it just hasn't come to pass. Champion/I think people would get confused if you move it around. Terry would you come up with $38,000 1 mean we would have to take that out of the general fund is that correct? Lehman/Right. Trueblood/Yea. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 29 Champion/And so your asking us if we're willing to give you $38,000 out of the budget? Right. Trueblood/Well I think it's already there actually but in affect yea that's what we're asking. Champion/Yea, but I mean it's not there yet because we haven't approved it. Lehman/It's in the recommendation. Champion/So you are asking us to give you $38,000? Trueblood/In essence I guess that would be the question. Champion/Okay. Pfab/Is that a yes? Champion/Yes. Pfab/Okay just checking. Karmer/Was it at 40 percent last year? Trueblood/Yes, barely. Lehman/You had the tough time of making the 40 last year too ifI remember. Champion/It was the close. Vanderhoeff It was real close, right. Terry I know we have some prorated fees for our low income families and so forth, one of the things that used to be a problem and I don't know whether it still is is for a senior citizens in particular for the aqua sizing and those programs. Do you hear much of that anymore? Trueblood/For as far as the low income, is that what you said? Vanderhoef/Or fixed income, both, since there's a lot of senior citizens that are in those aqua programs. Trueblood/We're fairly liberal with our low income policy, I mean we have our standard that they're suppose to meet, but it's basically they have to fill out a very simple application form and it's pretty much on the honor system. I can't remember exactly what it is if they're a title where they have a card, some kind of This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 30 identification they can just show us that you know no questions asked, but if they don't have that and they want to fill out the application indicating what their income is and then qualify, it's the same qualifications as what the free and reduced lunch program is through the school system and then we tell them that we have the right to audit randomly certain ones to request the information. We don't do that a lot because of the time commitment and when we do it's generally a no response which then makes them ineligible for the Iow income but our estimate is that if you want to put it this way is that it costs us about $4,000 - $5,000 a year. Vanderhoef/So it's a minor thing. Lehman/Terry do we take a, do we increase the fees by resolution later in the year? Trueblood/That's on the agenda for this meeting. Vanderhoef/Tonight. Lehman/Oh it's on for tonight, all right, okay, all right. Are there other questions for Terry? Champion/No. O'Dormell/No. Lehman/Thank you sir. Smoking in Restaurant Amendment Lehman/Well the next item is surprise, surprise, Smoking in Restaurants Amendment and I know that it's listed under here for you Eleanor and I also know that you have really nothing for us unless we have something for you. Dilkes/Yea it's on the agenda because you all wanted to talk about it. Lehman/We asked to put it there at the last meeting. O'Donnell/I did not. Dilkes/Four of you wanted to talk about it. Lehman/Well I guess the question is and as I understand it from the last meeting there were three or four attempts made to amend the ordinance which was ultimately passed to reduce it from a 50 percent figure to a total smoking ban and all of those efforts were unsuccessful. I guess the question now is are there four folks on the This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 31 Council who would be interested in reintroducing the smoking issue and discussing whether we want to go to a zero smoking tolerance in restaurants. Pfab/If it was any further down the road I'd be happy to support it. O'Donnell/This is your chance. Lehman/I think, well it's going to be our chance if we have four people who are interested in pursuing it. Vanderhoef/So you would go your saying with the zero for restaurants as we have defined them in the present ordinance without any changes? Pfab/That makes me uneasy but I would do that, this would be difference to the people that were uncomfortable passing to 50/50 and said it's not fair we'd rather have 100 percent, at this point I would be happy to support that idea. Lehman/All right are there four people? Vanderhoef/I would support that also. Lehman/All right do we have a third and a fourth? Kanner/We're talking for prepared or served? Lehman/Well that would be part of the discussion if we have four people who want to get into that discussion. Kanner/Well I'd like to get into that discussion. Vanderhoef/Well tell us what (can't hear). Lehman/Well no, no, I don't want to get into the discussion if we don't have four people who would like to get into the discussion. I feel we have been discussing this thing for a long, long time, we have been a soume of great agitation to people both in favor of a smoking ban and those who opposed a smoking ban. I think it's time to let the dust settle on this one and see what happens with it. You know I think the public and I also think from the Council's standpoint you know enough is enough and for the time being I'm willing to proceed with what we have. I don't think it's a particularly good ordinance, I didn't like it when we passed it but on the other hand we had four opportunities to change it and we chose not to so I am not interesting in discussing it further. Vanderhoef/But would you support the zero? This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002. January 22, 2002 Special Work Session Page 32 Lehman/It isn't even going to get there unless we've got four people that want to talk about it. Vanderhoef/Okay. Lehman/I will not be one of the four. O'Donnell/And I will not be a fourth. Vanderhoef/Your not going to be? Lehman/I am not going to be, at this point in time we had an opportunity, we didn't do it, I am really not interested in dragging the public through this thing for another six or eight weeks or whatever, I think we've, we may revisit this, I think we will at some point in time but for the time being we've done enough. Champion/1 think we have to wait and see what kind of affect the present ordinance has before we decide to move forward on another ordinance so I won't support it. Lehman/We do not have four folks and so that's a discussion that may or, I'm sure it will come up in the future but I think the time now is to move forward. O'Donnell/! agree, let's go. Lehman/All right do we want to do Council Time now or do we want to wait? O'Donnell/No. Champion/No. Lehman/Or do we want to wait until after the Council meeting which will be in 25 minutes? O'Donnell/Let's get 25 minutes. Lehman/All right 25 minutes. Adjourned 6:35 PM. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 22, 2002.