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HomeMy WebLinkAbout2010-09-20 TranscriptionSeptember 20, 2010 City Council Work Session Page 1 Council Present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Staff Present: Helling, Fosse, Robertson, Lewis, Kopping, Goers, Karr, Davidson, Dilkes Others Present: Higgins, UISG Planning and Zoning Items: b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 11 ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J, FLOODPLAIN MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED CHANGES TO 14-9F FLOOD PLAIN MANAGEMENT DEFINITIONS, 14-4B,2 VARIANCES AND 14-8B-5 FLOOD PLAIN DEVELOPMENT PERMIT. d) CONSIDER A RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF MEADOWLARK HILL 2ND SUBDIVISION, JOHNSON COUNTY, IOWA. (SUB10-00009/SUB10-00010) e) CONSIDER A RESOLUTION AUTHORIZING THE CITY TO FILE AN APPLICATION FOR AN IOWA SMART PLANNING LOCAL COMPREHENSIVE PLANNING GRANT TO CONDUCT A COMPREHENSIVE PLAN UPDATE. Hayek/ Items P&Z...items. Davidson/ Good evening, Mr. Mayor and Members of the City Council. Uh, we have items b, d, and e on your agenda this evening. Planning and Zoning items, item b) is setting a hearing on the City's floodplain management standards, and uh...and uh, obviously we're just setting a hearing tomorrow night. Once we get to this item we'll have extensive discussion, and I'm sure a Julie Talman, the City's floodplain management specialist will want to give you a review of what's proposed, but we'll just be setting the hearing tomorrow, uh, evening. Item d) then...is a...request for a preliminary and final plat, a request by John...Harold John Dane Jr. and Allegra G. Dane, uh, to divide a property into two lots at, uh, 4082 Dane Road SE and this is the, uh, location of their, uh, family farm. The size of the parcel is 36.32 acres. This is the second subdivision of Meadowlark Hill Subdivision, uh, otherwise we would not have this, uh, action before you, uh, this evening because it would just be a lot split with their...which they're entitled to do, uh, without a subdivision, but uh, the property has already been split, and so you only get one of those and so even though this is just two lots, uh, it is treated as a subdivision. Uh, couple of things that are not typical regarding this subdivision and the subdivisions you usually have in front of you, uh, this is a county subdivision. It's not in the city. It's zoned in the, uh, county, and for the time being, uh, the applicant does not wish to have it annexed. Uh, because of the fringe area agreement and the stipulation that the subdivision of land within two miles of the city, uh, has to be approved by both the City and the County, the idea being that eventually it's going to be in the city. Uh, there...by virtue of that, you have the, uh, right to approve this subdivision, and in fact, This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 2 the applicant has to get approval from both the City and the County. Generally if the City approves it then generally the County will, uh, as well. Mentioned that it had been previously, uh, subdivided...uh, this is the location of the property. The white area that you see in the middle there...let me grab the mouse here...um...is the George Dane residence, John's brother, and that's their house, uh, right there. Um...in terms of the Comprehensive Plan, uh, obviously this is not under the jurisdiction of our Comprehensive Plan right now, but once it is, uh, it will be, uh, considered a transition zone down into the, uh, flatter area that's the former Williams' farm, down in this area, which the Comprehensive Plan calls for industrial development down in that area. Um, we consider this a transition zone area that will likely have either commercial intensive or commercial office available, once it is annexed, uh, into Iowa City. Prior to that time, uh, and I guess we'll get into the Fringe Area Agreement here right now. According to the Fringe Area Agreement, prior to annexation it is considered appropriate for County Ag or County Residential, which is what it's currently, uh, currently zoned. Um...we have indicated to the applicant that both now and in the future we would give favorable, uh, favorable consideration to having this property annexed. It is within our growth area boundary. Obviously we've built Mormon Trek Boulevard and extended, uh, sewer and water to the, uh, adjacent area here, the Eagle View Drive area here, uh, so it's all ready to go, uh, and that we would consider annexation favorably, but they, uh, are simply not quite ready to be annexed at this time. We are, however, recommending, um, approval only with the condition that it not be developed, uh, until it is annexed into the city, and until that time there will be no access, uh, from Mormon Trek Boulevard to any of the frontage of the property. I guess I haven't actually showed you...okay, there's the...uh, you can see the two lots here, um; you'll recall this is the George Dane property. This property here is lot 1 and includes all...these buildings are the Dane farm buildings, and then outlot A, and it's...it's been deemed an outlot because, uh, it is not...we've determined it's not suitable for development until it's annexed, so it'll be an outlot for future development after annexation. Uh, this lot, outlot A, is not quite 10 acres and outlot, uh, excuse me, lot 1, it's just, uh, over 26 acres. Those are the two lots that would be created. Um...because of the restriction of access, um...on outlot A that it not be given access to Mormon Trek Boulevard until after annexation, uh, we are requiring as a condition of approval that there be an access easement, uh, and you can see they've allowed for it right here, uh, from lot 1 so that the agricultural uses on outlot A will have access through lot 1 and Dane Road, the portion of Dane Road which remains which is right there. So, uh, staff recommendation then, uh, is to recommend approval, subject to the conditions that there would be, uh, no, uh...um, no access to Mormon Trek Boulevard and that there be an access easement between lot 1 and outlot A. Any questions? Wilburn/ So there's, uh, that's a change from the initial, uh, recommendation? Did I look at the right one (mumbled) recommended deferral before? Davidson/ Uh.. . Bailey/ The staff report, yeah, says... Hayek/ ...P&Z. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 3 Bailey/ That the deficiencies had to be addressed, but it (several talking) Wilburn/ That's right, yeah. Davidson/ The applicants agree to the conditions. Any other questions about what's proposed here with Meadowlark Subdivision? Hayek/ So this subdivision, once it's complete, would...would permit the sale of (both talking) Davidson/ ...the applicant (mumbled) that's why the desire to, um...have it...I mean, we kind of wondered why they would want to plat it... if they weren't ready to annex it, and they said it was due to a transaction that they hoped to make. Any other questions? The final item then, item e)...and Marian, I don't have any graphics for this. You can turn the lights up if you'd like. Um...oh, I'm sorry! I had a couple pictures I didn't know I had! (laughter) You can tell I don't prepare these (laughter) here's, uh, here's the front as you're looking up...you're looking up a long outlot A. Outlot A's to the right there. You can see it's an agricultural use. You can see the Mormon Trek Boulevard that we built, uh, fairly recently and the 8-foot sidewalk that's along there. Just over the hill then is the Honda dealership as we're looking to the...that direction would be west I believe, and there's the Dane residence, John and Ally's place. Uh, this is a view from the intersection of their driveway with Dane Road, so I'm not quite sure why Bob put that picture in, but (laughter) it's there for you to look at so...that's everything. Um...item e) then is...let me get the wording right. Uh, in authorizing resolution allowing us to file an application for an Iowa Smart Planning Local Comprehensive Planning grant to conduct a comprehensive plan. The Rebuild Iowa office in conduc...in conjunction with all of the Smart planning legislation that went through last legislative session has made...they've established a fund with some CDBG funds of a million dollars for communities and counties that want to do comprehensive plans according to the state's Smart growth principles, and the State's Smart growth principles aren't even completed yet... finally they have a recommendation that they're currently reviewing with their committee that they formed. But we know what the principles are, and in fact our comprehensive plan is grounded in Smart growth principles, even before the State had this initiative. Um, our original comprehensive plan goes back to 1997. We are currently completing the eighth district plan, eight often, and our intention has been to go back and update the main kind of body of the comp plan anyway once we had the district plans completed. The last two district plans are ones that are fairly straightforward. I think one is northwest and north-central. I can't remember, but they're two that aren't going to take nearly the time that the ones we've done so far have; we deliberately kept them last, and so our thought has been since they're making these funds available that if you'd like we can go after some...to basically do something we were going to do anyway. Um...the eligible services and activities include the things that we would do anyway in terms of updating the comprehensive plan, uh, as part of a community-wide initiative. It's really important that we do that and not have it be some top-down type planning exercise. Um...the maximum...we are eligible because we are one of the 85 counties that was part of the Presidential...presidentially declared disaster areas. Those 85 counties are eligible. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 4 We are one of them. Um, we're required to apply the Smart growth planning principles. They don't tell us what they have to be, only that we consider them, uh, when we're developing it. Um, we go after $50,000 which has to be matched with $50,000, but up to half of it can be in kind, and we'd basically use the staff time for up to $25,000. The remaining $25,000, uh, we do in the Urban Planning Division have consultant services that are budgeted every year and we could use the funds from that. So basically it doesn't require any extra money on...doesn't require you to find any extra money in the budget, if you'd like to go ahead and do this, and this authorizing resolution is a requirement of the application, which would be due September 30 and we have to, uh, use up the grant funds within two years. So we'd have to complete it within two years. Any questions? Okay, thank you. Hayek/ Thanks, Jeff. Okay, next item is Council appointments. Dale, did you want to talk about that School District...I can or you can, and do we want to do it under this bullet? Council Appointments: Helling/ Yeah, probably (mumbled). Hayek/ It's item 20. Helling/ (mumbled) I thought...did I miss that? Champion/ The Roosevelt... Hayek/ This is the Roosevelt repurposing... Helling/ Yeah, I had...I thought I had put a short memo in the packet. (several talking) Okay. (several talking) Basically what it is is...they want to, uh, form a group to look at the Roosevelt School site, um, certainly we've heard in the past (mumbled) I think Dr. Plugge's philosophy was (mumbled) with uh...district offices (mumbled), um, and certainly that's one of the things they're looking at, but they're also looking just to...to get a group of community representatives together to kind of look and see if there are other more unique, uh, opportunities, and that those could be partnering with other governmental agencies, um, you know, recreational facilities, uh, and really you know they don't have a laundry list. What they're looking for is sort of people to get their creative juices flowing and...and see if there's any other unique kinds of uses that the Board might want to (mumbled). Um, beyond that, I think it's pretty wide open, and uh, they asked for a Council Member and to...represent the City. Bailey/ No staff? (several talking) Okay. Helling/ Not a staff member. And I don't know... at one time (mumbled) going to be involved with that? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 5 Wilburn/ The, uh... School District's cabinet with the Superintendent had decided that, uh, the new Assistant Superintendent would be a more appropriate, uh (mumbled) Helling/ Yeah, I think at one point some of the (mumbled) group. At that time they (mumbled) Hayek/ I talked to, uh, Mike Cooper about this and...and wanted to express that this would be sort of a short stint, uh, ashort-lived, uh, an efficient group that would meet four, five times, uh, over a few months, come up with some recommendations. Helling/ (mumbled) again, and I don't know...apparently (mumbled) communication. There's some indication that the group might have (mumbled) but I don't know if... and the group itself may have something to say about whether that happens (mumbled). Hayek/ Well, is someone from Council interested in going uh, and serving on this? Dickens/ I would do it. Hayek/ Okay. Champion/ Good for you! Mims/ Thank you. Wright/ We would let you! Bailey/ Be our guest! Hayek/ I think it makes sense to meet in advance with Dale and you know, meet with Neighborhood Services and, I mean, there's some excellent perspective in staff that I think would help inform you as you go into the process. Helling/ Yeah, I think as...ongoing during the process (mumbled) staff to assist. Hayek/ Thanks, Terry. Okay, I don't see any other Council appointments...in the packet, so why don't we move on to agenda items. Agenda Items: ITEM 7. AMENDING THE FY2011 OPERATING BUDGET. Bailey/ I see Leigh here. Can we walk through item 7? (several talking) I see Leigh here. Can we walk through item 7? Lewis/ What you have before you is the first of two budget amendments. We typically amend, uh, early in the fall and then in the spring. Um, and the majority of this amendment I think, uh, is most easily digested if you turn to page 3 of my memo. On page 3, uh, This represents only a reasonably accurate transcription of the Iowa City City Council worx session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 6 there's a summary of the amendments, and they basically can be broken down into two categories. The first of which represents the majority of the amendment and that is just carrying forward (mumbled) uh, City Council has already authorized in the fiscal year 2010. These are projects -- $130 million in expenditures for capital projects and $23 million in flood recovery, uh, grant monies that are yet to be expended, and those are already anticipated for expenditure in fiscal year 2011. So those are not necessarily new expenditures. They're things that, uh, City Council's already approved, uh...and then the supplemental budget amendments would represent new appropriations within fiscal year 2011. The total amendment for expenditures is $191 million. New supplemental appropriations within fiscal year 2011 are $26 million; however, what I would like to stress with you at this time are the majority of these expenditures are programs and, uh, bond refunding which have also come before Council and it's not necessarily a discretionary amendment. It's something that we need to go forward with. Um, if you look about one-third of...down the page there, at the start of supplemental, um, Univer- City program, we're amending for $8.8 million in expenditures, um...that is not...actually the size of the program. It's, uh...it is a representation of the accounting requirements for that. Uh, that grant funding that we are receiving from the State for that program is actually $1.25 million. Um, but we need to, uh, receipt-in the grant monies, uh, and then we have loans from the local area institutions, lending institutions, and then we will also need to (mumbled) the sale of the property to the new homeowners, and so, um, that is where we come up with the $8.8 million in expenditures. Down at the very bottom, the very last item...this is a sewer revenue bond refunding. In April of 2010 (mumbled) uh, approved additional proceedings for the issuance of the 2010 refunding, and uh, bond covenants within the two bond issues that were refunded, uh, specified that the principle cannot be paid out until July 1 of 2010, and so that's why we are amending for that within the current fiscal year. And that really is a summary of it. The one other point that Kevin, uh, did ask me to make is that within the carry-over amendments, and those requests for (mumbled) that was already authorized and carried over into 2011, um, $585,000 is considered discretionary on the part of City Council, uh, these items have been approved by the City Manager's office, and this does represent our recommendation (mumbled) recommendation is what should be approved. (mumbled) Helling/ Most of what we look for in carry-overs are those items that...have been budgeted in the past (mumbled) not been paid for in a typical year and so we carry that money over, not all of it, but the lion's share is that. And we look very carefully for that (mumbled). The other thing is that this is not some sort of a plot we have to try to create confusion among yourselves and nobody can understand. These are converted, as I understand it, to the forms that have to be submitted to the State, and as we told you before, when we do the budget we go through the budget in a way that we can all understand and produce our budget document, but when we transfer those numbers to the State, their categories and the way that they require us to report, it really...it mixes funds and it's not very clear. It's not a document we would want (mumbled). Hayek/ Any other questions (noise on mic) Champion/ I understood every word. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Mims/ One of those cases where you trust staffl Hayek/ Thanks, Leigh, for that... Mims/ Thank you. Bailey/ Thank you. ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. g) Correspondence. 4. Beth Sowder: Student Liaison model Page 7 Hayek/ ...thorough explanation. Other agenda items? I...I noticed in correspondence there's a request for some input from I think Fort Collins on our student liaison program (several talking) and uh, so we should figure out a way to respond to that. Elliott, you just want to handle it for us and (laughter) Bailey/ We're not sending you to Colorado though! (laughter) Sorry! Hayek/ I...I can follow up with...Dale, I can follow up with you on that, I mean, figure out...some means of giving them some...a response. Helling/ We can help prepare something, but I think it needs Council feedback (mumbled) Hayek/ Yeah. 7. Annie Meltzer: Moped Parking Wright/ (mumbled) correspondence about the moped parking...which I've heard a fair amount about, uh, from various folks (mumbled) myself and at one point this was something JCCOG... getting some feedback... something that JCCOG was going to be dealing with, and I haven't heard anything about that in over a year. Bailey/ I remember talking about it at that level, but...I don't remember what was decided. Davidson/ Yeah, they did do a study, and I know one of the things that came out of it was that... Chris was going to look at establishing, trying to find some areas that were kind of underused for anything else, you know, like corners in parking facilities and that, and see if we could establish some, uh, moped and scooter parking areas, so that the bike racks weren't...I think there were a couple of bike racks, including the one at Iowa and Clinton where the, I believe the correspondence pertained to, that uh, that were pretty full, so um...I can ask John...John and Chris to give me an update. How about that? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 8 Wright/ Yeah, I'd appreciate that. It is kind of a problem. At one point I know my bike was hemmed in completely by mopeds on a bike rack! Helling/ I can tell you that what...what, at least in my conversations with Chris, he's targeting next fall to have the alternative parking for mopeds in place, which we want to do before we would prohibit that parking in the bike racks. Otherwise we're going to find (mumbled) Wright/ Is somebody going to follow up with...with (mumbled) Helling/ There's a...there's a challenge to find space, without giving up other parking (mumbled) and certainly the use of mopeds (mumbled). We don't want to discourage that. Champion/ We used to allow, maybe they still do, free motorcycle parking in the ramps to keep them off the streets, but the problem is the young kids riding those mopeds don't want to drive them to the ramp, because it's not close enough to where they want to go. That's the realistic part of it. Wright/ Yeah, and it'll kill `em to walk so...let's put them in the ramps! Champion/ Oh they're late...they gotta run! I can understand that! But maybe the University could help us come up with a (several talking) Helling/ I know I was walking over to, on campus today to a meeting. There was an area where, about the size of a parking place and there were lines drawn in there and there were five or six motorcycles (mumbled) Champion/ And I know there are cities that have taken like two car parking places and divided them into moped parking but they put a meter in there (noise on mic) Bailey/ For each moped! Hayek/ Other agenda items? Champion/ But there is a possibility of using that one...loading zone I never see anybody parked in. Get a lot of mopeds in there! (laughter) Leal Age Exemptions-Split Venue/Entertainment Venues Agenda #101 Hayek/ Other agenda items? All right, hearing none why don't we move on, uh, to uh, legal age exemptions, split venue, and entertainment venues. Eric Goers is here from the City Attorney's office. Goers/ Good evening everyone! Hopefully you all, uh, got my memo that I sent around kind of with some things for you to mull over in advance for conversation this evening so that we This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 9 had a better idea of, uh, what direction you would like to go in this entertainment (noise on mic) ordinance, and whether you wish to continue to do it. As I mentioned in the memo, uh, following the last work session discussion (mumbled) inferred that you were looking at live music venues and (mumbled) with um, many of the live venue operators here in town and so I want to make sure that it's clear in my memo. I...I attempted to make it clear, but I want to just re-emphasize that that, uh, the requirements that were, uh, listed in paragraph three that is all the things, um, all the requirements for entertainment venue listed...there are things that they as a consensus agreed to. They thought they could live by and that that would be good criteria to distinguish themselves (mumbled) venue operators from I'll say sham operations (mumbled) just wants to under age kids in (mumbled) put somebody's roommate (mumbled) guitar in the front room on...unamped, no one's listening to him, you know, but now they can...you know, now they're a live music venue and (mumbled) they're all in the back room listening to, you know, DJ and the dance floor and, you know, so we obviously we wanted to avoid that. We didn't want to gut the ordinance. So what I thought I might do, unless any of you have preliminary questions, is just go through the things that I listed here and just kind of get a feel for what direction you would like us to head in drafting this ordinance, if that's all right. Are there any preliminary questions about process or anything? Hayek/ The only question I would have is do...do we want to take up split venue before or after the entertainment venue discussion? Champion/ Let's do the entertainment venue, I mean the split, this one, the entertainment venue. The other one I don't think requires a lot of discussion. Hayek/ I think you're right. Goers/ That was my last question on the memo was (several talking) or the other, anyway, we'll wait for that it sounds like, if you'd like to do the other things first. All right, so the first thing is what kind of entertainment do we wish to discuss? This is entertainment venue we've, uh, been talking about. I assume the live music one acts as...is okay? (several responding) How about live DJ's playing pre-recorded music? (several talking) Okay. So I take it pre-recorded music without an actively involved DJ, that would be a `no' also. What about d) the comedy act, poetry, movie screenings, stuff like that? Bailey/ Yeah. Wright/ (mumbled) Hayek/ I don't know how I feel about movies. I...1 think...from my perspective, the issue is live performance. Champion/ Right! Hayek/ And that could include poetry slams and things like that. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 10 Bailey/ Comedy. Hayek/ It could include comedy. Champion/ But live performances. Bailey/ Uh-huh. Wright/ (mumbled) public performance rights for movies we're not likely to see those in any of the venues anyway, but... Hayek/ Just take that right out. Goers/ Okay, so no to movie screenings, yes to any live comedy acts (both talking) Hayek/ ...big smile on his face! (laughter) Wilburn/ I'll comment a little later on. Goers/ Okay! Wilburn/ I'm sorry, I'm just, uh, again, um, nothing against, uh, the one venue that has...come forward, but when we legislate, we legislate for all, and so the different, uh, opportunities for, um, something other than the intent of the Council Members that are interested in the flexibility here, uh (mumbled) so... Champion/ So...go on! Wilburn/ Well, I mean, how are you going to define, uh, the comedy act, the duration of time, um... Champion/ Live music only! Wilburn/ ...are these professional folks, you know, and then how...how does this relate to the concerns that, uh, have come up with...venues in the past. So...and I don't have an answer to all of it but... Bailey/ Well, some of it will be answered in the other criteria (several talking) Goers/ Right, and that... see, the notion was that we would be going with, you know, all, you know, all the things that you folks approve, all have not, you know, this or this or this, because we wanted to avoid, you know, the bouncer telling aknock-knock joke on the way in and calling it a comedy show, I mean, yeah. We...we thought of those things, and the other thing is, when I met with the group too is, you know, there were discussions about, you know, saturation of the market, and you know what happens, you know, maybe there'd be other clubs that would open up to foster this kind of thing, and in the This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 11 end they were all agreeable with the notion that, hey, this is really about, um, I think (mumbled) rebranding Iowa City for a place that fosters this kind of, um, live music venue and if there are other clubs that want to do this and they're legitimate and they want to bring in these kinds of live acts then so be it. That's fine. So, I say that kind of in answer to your question about are we legislating for one, you know, for The Mill, for example, who originally brought this to your attention. I...I think the intent is no, that we're really not. We're trying to, um, you know, open it up to this genre of entertainment, um, in establishments particularly who have shown that they got a good handle on controlling, um, underage consumption of alcohol. For what it's worth, I was just checking through the PAULA reports last year, or for last year, and the establishments with whom I met have a grand total of zero for PAULAs last year, the entire (mumbled) last year. Now that's not to say that, you know, they will continue to be perfect, uh, if we give them this kind of exception. I'm sure they won't, um, you know, they've had some PAULAs this year, uh, but you know, they've done better than most. Wilburn/ Yeah, and the (mumbled) my question wasn't necessarily legislating for one, or it's this...the rules would be the rules across the board, and what are the controls to, uh, again, um...continue to promote, uh, illegal activity by taking advantage of a loophole or a definition. Goers/ Yeah, no. That's, I mean, I have no illusions that this may be a... a learning process for us and that we may need to tweak it as we go back, um, but...um, one of the things that you'll see we're proposing, um...you know, when it comes to the PAULA rates and so forth is that we've found that the PAULA rates have really plummeted, um, I know there's been a lot of discussion about that in the 21 discussion recently, have really plummeted in such that, um, you know we can be pretty stringent and um, if they run into trouble, that is if they start having a bunch of PAULAs, because word gets out that if you're 19 or 20 that's where you want to get your beer because they've got an exception and you can get in and that's the new place for underage kids to drink then...then they'll lose it, cause they'll get those PAULAs and, you know, that'll be the end of it. For them, for that establishment. Wilburn/ And I didn't mean to slow us. We can move on (several talking) Dilkes/ Let me make a suggestion. You may want to just put a question mark again...next to some of these things that may be dependent on whether you're comfortable with the whole picture, um, you know, it may be that the rest of the stuff here gets you comfortable with comedy acts and poetry readings. It may be that it doesn't. Hayek/ Yeah, I mean, a more conservative approach would be to start with music, see how it goes, and then consider these other genres. Bailey/ I'd like to keep it open to comedy acts and poetry readings. I'd be willing to move them if other criteria weren't met, for people who are (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 12 Dilkes/ Yeah. I mean, come back to them at the (several talking) Goers/ All right. Well, then, let's move on to number two, which is how late do you wish underage patrons to be allowed to stay? For what it's worth, the consensus from these present operators was midnight would be (mumbled) something that would be acceptable to all of you. Mims/ What were they saying is the typical show ending time? Goers/ They said around 11:00 or 11:30, uh, but then there's um, some merchandising period where you go and buy the t-shirt from the band and you know that kind of thing, meet the band, meet and greet, that kind of thing, and then you know that... about a half hour was what they said that they would need to typically clear those folks out. So they thought midnight would be good; they'd be happy with that. Wright/ (mumbled) (several talking) Champion/ Oh I don't know! Dickens/ (mumbled) Wilburn/ Just a piece of information, uh, some of the law enforcement officers, um, that had approached me about, um, how things have been going is that, um, there was debate back and forth about whether the number of house parties, um, are the same or not, but...this time allows them to respond to the existing house parties that existed...you know, last year, the year before, um, and some were saying, you know, that there had been decreased number, um, reflecting some of the information that had been out there that, but um...but just again that since that allowed them to not have to concentrate their effort in the downtown area, it allowed them to respond more quickly to the complaints that did come up in the neighborhood. So I'm just putting that out there. (several talking) Goers/ All right. Then moving on to the criteria that was, um, approved by the group that I met with, um, you may recall that originally they were looking for 18-year-olds to get in. I think that they were now comfortable with 19-year-olds (mumbled) Bailey/ I wouldn't have a problem with 18, but I suspect other people would, I mean, 18-year- olds staying out till midnight doesn't seem silly to me, but.. . Mims/ I don't want to start letting 18-year-olds in where we have alcohol. We haven't done it in the past. I don't want to start it now. Bailey/ (mumbled) Wright/ There's law and there's law. I'm not in 18. Bailey/ Okay. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Goers/ 18? Or 19, sorry! Champion/ Well letting them into a bar, we haven't in the past let them into a bar (several talking) Mims/ Right. Bailey/ (mumbled) people. Champion/ Of course (several talking) Goers/ 19. Moving on! Uh, dedicated performance stage of at least 8 foot by 6 foot in dimension. Wright/ Is dedicated the same as permanent? Champion/ Uh-huh. Goers/ Yes. Wright/ If it's permanent I don't have any problem with it, but it's something that (several talking) Page 13 Goers/ I can make it so that it's permanent... if that's your wish. I mean, I can be explicit about it. Bailey/ Permanent dedicated. Wright/ Yeah, permanent dedicated. Dilkes/ So dedicated means you can't put tables on top of it. Bailey/ And permanent means it's a structure, not a...risers. Dilkes/ Right. Permanent and dedicated. Champion/ That's a good point. Goers/ All right. Anything else on that topic? All right, let's move on. Professional and permanently installed sound and lighting set-up. Now, this is something that came from the group and I was thankful for their input, as I never would have come up with this on my own. Uh, but they had indicated and actually gave me the name of an individual who, um, does a lot of these set-ups, and I spoke with that person. He said he'd be happy to kind of layout some criteria that would kind of separate, uh, again, kind of the karaoke machine from the real, you know, sound and light set-ups, uh, so that we could This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 14 distinguish whether the establishment's, you know, serious about hosting live music, or again, if it's just a mic and P.A. uh, kind of thing, and um, I'm hopeful that, uh, he could write it in such a way that, uh, ales-informed staff person, like myself, although it wouldn't be me, could go out and confirm the presence of, uh, the system there so that especially upon the application of the venue to be entertairunent exception and we could just send our staff person out, look at a checklist and say okay, you've got these many monitors, this much lighting, you know, whatever the case may be. Great, and then of course they would be subject to reinspection down the road if we chose that (mumbled) necessary. Any questions or comments about that requirement, or input about it (mumbled) Dickens/ I just have one question going back to the last one, the dedicated and permanent. Could, now can they use that space when they're not having live performances to put tables on, use as serving, because I know space is at a premium in some of these places, like during the day, you know, if they're restaurant. Champion/ I don't see...no. When I think of places that have permanent stages in town, I don't see them using those at any other time. Dickens/ (several talking) I just want to be clear that they can't use that space as... Wright/ Purpose of having it dedicated. Dickens/ Okay. That was just... Goers/ I can make that clear in the definition, as well. Any comments about sound or lighting? Is that something that you folks see as agreeable? All right, requirements that venues put on shows on at least 150 calendar days. Now, the discussion of shows was an education for me. I...there can be several shows a night, uh, in several of these venues, but in the end we decided that really the best way to handle this was just say, look, on these...on this many days you need to have at least one show, instead of...cause the other approach is to say put on so many shows, you know, 250 shows in the course of a year, then we just...looked like it might get kind of complicated (several talking) planning a show, enforcing that and... and it seems like this would be the better way of addressing that. Champion/ Does that seem like a lot? Goers/ Well, it was this group that said that they would be okay, uh, with that many, that they put on that many. Wright/ Sounds like a lot, but if they think it's a reasonable number. Mims/ They've got to be a true venue if they're doing that many, I mean, we're talking three nights a week basically (several talking) Goers/ Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 15 Hayek/ I don't have a problem (several talking) Bailey/ I think it's a good....good standard for sure. Champion/ I think it is too, but I mean, I'm...I think it's a little high when you think about how many times the town has emptied out, and I'm wondering if they're just trying to protect their own venue. I mean, I just....just seems like a lot of shows. A lot of days! Wright/ Well, it's basically three days a week during the school year is what we're talking about. (several talking) Excuse me, three days a week during the academic, or the calendar year. There we go, not the academic (several talking) Champion/ Right! That's a lot! Wright/ But they do that during the summer. Hayek/ Five or six days a week is common for... for (several talking) Bailey/ I mean, if they're a true entertainment venue that, I mean, that seems like a good standard. Ambitious, but... Hayek/ I think this is an important part of the criteria, uh, to the extent we are...we are trying to create a narrow bandwidth (several talking) pardon the pun but...but uh, this is one...this is one of the criteria that I think will prove most effective. Bailey/ Well, and there's going to be quite an investment in the infrastructure to do a stage and the lighting and a sound system. It would make sense that you would focus on being an entertainment venue. I mean, that's what we're trying to... Wright/ We want professionally managed operations. Mims/ And the thing is is we've talked before, I mean, if we get something in place that we like and is working and people are doing well at it... and somebody wants to come back and say, you know, can we lower the standard, but we've had really good success, then I think that's something we consider. I'd rather start with a higher standard, increase our chance that this is going to be a successful, uh, approach, and then maybe lower the standard later, if there's good rationale for it. Bailey/ Yeah, I agree. Goers/ And I suspect that that won't happen, and the reason I say that is that, you know, the venues in town have already signed off on it, and they said yeah, we can do that. It wasn't something that we glossed over, I mean, they gave some thought to it and had an opportunity (mumbled) and they... it was a long meeting, and they said yeah, we can do that. All right, and the shows would be at least 90 minutes in length. That's again to This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 16 kind of avoid someone singing happy birthday (mumbled) that kind of thing. Um, that okay with all of you? (several responding) Next one is at least 50% of door receipts on show days needs to go to the performing artists. You may recall that this is one of the things that, uh, Andre Perry had suggested in his letter and um, it seems like that was...all the, again, all the operators were okay with that. They thought that that would be a good way to, again, you know, separate themselves as legitimate operators, and to avoid the, you know, the bartender's roommate from playing acoustic guitar out front because we need to pay bartender's roommate 50% of door proceeds, which would be some disincentive, probably not enough by itself, but uh, combined with everything else we're hopeful that it would, again, keep it to within those venues. That sound okay? (several responding) All right. Um, venues must provide an annual or however frequently you would like to see it, of course, report of all shows and dates, on a City- standardized form. That is we would provide a standardized form so that they would have to sign off, look, I had these shows on these dates...this is the money that went out and to the performing artists, and just kind of to have a check that they need to write it down. They can't kind of smooze it or kind of say, yeah, I met all the standards. They would need to write it down and kind of document it. Dickens/ ...start quarterly. Mims/ Yes, that's my thought too (several talking) More frequently to start. Bailey/ Uh-huh, it's easier for everybody. Dickens/ Once it's in there, can start spreading it out once we get a track record. (several responding) Goers/ Okay. Uh, venues must have at least one salaried employee responsible for booking entertainment acts. Um...again, this is something that all the bars...have this now, someone who's usually a manager or a booking agent. This is their job. This is what they do. Now that's not to say that they don't also tend bar when needed, help out in other, um, places in the bar if needed, but this is kind of their primary role and...and this is what they do. Uh, they're a professional (mumbled). It sounds like having a salary employee would separate them from a lot of the other, you know, saying that your bartender is the, that person, that bartender's probably not salaried. So that was a good way of separating that (mumbled). All right, um, venues must carry annual subscriptions to at least one professional development or industry tracking services, such as PollstarPro. Uh, again, this is just another indication that they're actually paying attention who is out there and... Bailey/ Do you have more information about that? Did that seem to make sense to you...when you had this discussion, because... Goers/ I did not understand it, until it was explained to me. Bailey/ Okay. So... This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 17 Goers/ And in meeting with the groups, um, the venues had different degrees of, uh, I mean, some had many, some had you know one. The consensus was certainly they could all be one. Just by, uh, way of reference, my memory of PollstarPro is that if you subscribed online it was something like $350 a year. You could get a magazine for like $30 a year. Am I getting that right? It's inexpensive. It's not particularly cost prohibitive. Um, and if bars and venues are serious about you know being a live venue, then this...this would not be considered a (mumbled) I think that, I shouldn't say...I think that they were, if I remember right, that they were all doing it already. Bailey/ Okay. But this isn't indicative of... of some level of seriousness to be in a music venue. It's how you get information about what's happening out (both talking) Goers/ Yeah, it...oh, I'm sorry. Kind of some background, as I understand it. It's...it's kind of what bands are out there, um, you know, what bands are touring, where they are in the month of October, so you'd go on there and say, oh, well this band's kind of in the Midwest. Maybe I can (both talking) manager and so forth. Bailey/ Makes sense! Goers/ Is that okay? (several responding) All right, venues must have a PAULA ratio over the trailing 12 months of no greater than .5, based on at least 10 bar checks. Now this is obviously one of those topics where we need to discuss a little more. You'll see that, when you get, um, to, uh, paragraph 4, 4.c., particularly I have a little more detailed discussion of the PAULA rates. Um, at the time we were meeting with these venues, uh, they all had a rate of .5, uh, or lower. Um...now, it was shortly into...well, it wasn't this far into the 21 period as we are now. Uh, and so we didn't have quite as much of that to work with. Uh, the long and short is, again, as we've discussed and as you all know, the PAULA rates have really, uh, plummeted, uh, since the under-21 ordinance was passed and so forth. So the numbers that we were working with and coming up with is .5, um...were only based on either one or two, I can't recall, but also would have included, um, January through May of, uh, of that year, of this year, and uh, when 21 was not in effect, and that skews those numbers. Um, so I guess I'm presenting it here because they had...they had said, yeah, I think we can abide by .5, uh, they were all at .5 or under. They're comfortable doing that. You may...maybe we can just defer discussion of this one until we get to paragraph 4 when I have a little more (mumbled) Dickens/ As far as trailing, do you mean rolling? Goers/ Yes, rolling. Dickens/ Okay. Goers/ Because much like liquor licenses, these exception applications would not come in on January 1 sc This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Dickens/ Go monthly. Page 18 Goers/ Yeah. Yeah, we would presumably use the, um, the 12 months that ended with the month prior to the application, because that's just how they're reported, you know, through the end of August, the end of, you know, end of August is what we're working with now for example. Just skip on past that for now (several responding) get back to that later. Okay. Um, venues must mark all patrons over 21 with a wristband; must mark all underage patrons with a wristband or permanent marker on the hand. Again, this is just to, not only assist the...the, um, establishment itself with differentiating the of-age and under-age folks, but also to make it easier for the police, I mean, just as my experience as a prosecutor with prosecuting these PAULA tickets and under-21 violations and so forth, a lot of times the officers will say, well, I saw someone who was holding a cup and I saw a big black X on their hand, and I knew that was someone I'd have to go and speak with. Um, so it just makes it easier for, um, them. Um, everyone really involved. That sound okay? Mims/ It does. It still does not address, and this ordinance won't, and I don't know how we ever get to it is the bars that are mismarking the kids when they come in the door. Goers/ Right, this will not help that. Yeah, and I wish we'd get to the point where, you know, we have the resources and...and maybe we will, I'm not sure, where, you know, if we heard complaints of that at, you know, from a bar, then we could send someone in underage and...see how they're marked! Mims/ I can give you a suggestion! Goers/ All right (laughter) we'll talk later! All right, let's move on. Uh, the last one's kind of an obvious one -venues must provide capable staff to monitor patrons at all shows. I throw it in because it was something that they had mentioned that they...they understood, they agreed, and...and appreciated that. It would really be their obligation to make sure that there weren't problems, um, there during these...during these events. Uh, so moving on to 4, the ones that, um, after further consideration our office thought that you might be, uh, interested in considering. Um, the first is that, and I'm embarrassed that I didn't think to bring it up with, uh, the group, uh, which was that, well, you know, shall we allow under-age patrons only on show days or on any day the venue is open. Um, obviously if the argument is to open up entertainment for those under legal age, just the entertainment, then it doesn't make much sense to let them in on days where there is no entertainment. Um, so...in, obviously if we were to do this, we would need to get a list of shows ahead of time, uh, at least a week. I'm told that that won't be a problem. They usually book a month or two ahead. Mims/ I would say only show days, I mean (several talking) that's the intent is...for the entertainment. Bailey/ Uh-huh. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 2Q 2010 City Council Work Session Page 19 Goers/ All right. Um, should we require a ratio of staff, uh, to patrons? Champion/ No. Bailey/ Eleanor said that was difficult. Goers/ It would be difficult. Yeah, there's no bones about it. Champion /If they want to keep the PAULA rate down they'll have to have a certain amount of staff. I just...I can't tell people how many people they have to have working. Goers/ Okay, so no to that one. Any special training, like TIPS or anything for their servers? Bailey/ Yes! Wright/ Yes. Goers/ Okay. Um... Hayek/ Would that not be required anyway? Champion/ No. Goers/ It's not required right now, TIPS training. Hayek/ That's right, that's right. Goers/ I mean, many of the bars...that's one of the things that's on that, uh, checklist that goes to the Police Department about whether...how many TIP-certified servers you have and... and all that, but it's not required right now. Wilburn/ There was an understanding, and I don't remember if it was (mumbled) maybe it was at the, uh, (mumbled) if they participated they got a waiver with the first (both talking) Goers/ A get of jail free card. Champion/ They discontinued that. Goers/ Yeah. All right. Cis ability to quickly revoke the exception upon problematic behavior, such as sales to underage persons. Before we get to the individual things...obviously the notion is that we want to protect against, you know, a big influx of underage folks (mumbling) to drink and so we want to be able to respond quickly if...if that ends up being the case, the PAULA rate goes up, we've got underage sales, we've got other problems going on, we want to be able to jump in and revoke the entertainment exception, um, and obviously if they get back in the graces they can get it back, but um, we want to be able to act quickly. Let me just ask generally, is that sound like a way you This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 20 would like to go about it, that is, um, you know, having the Chief of Police with an appeal to the City Manager, that's under C, uh, IV, does that sound like a decent way of going about this? (several responding) All right. So let's go through some of the things, like sales to underage persons, uh, would that be...and I should just say let's just start with, you know, if they have a sale to an underage person would that be kind of thing that should be an automatic disqualifier or do you (mumbled) police, based on other criteria or... Champion/ I have (several talking) Mims/ A single sale? Wright/ A single underage sale. Champion/ It could be a new bartender. It could be... Mims/ I wouldn't say a single on should disqualify them. Champion/ I'd leave it up to the Chief of Police. Wright/ I think we need to set a tight standard. If it's not one, maybe it could be two, but I don't want to just leave it up to somebody's discretion. Dilkes/ Yeah, I think you need to set it. Dickens/ I would go with two, because there's always that one chance that you slip. Champion/ Right, and even good bars slip once in a while. Dickens/ But I don't want it any more than that, because then you get in a pattern. Mims/ Are you saying with the sales to underage that this would be done like with a sting? Champion/ Yes. Goers/ It could be. It wouldn't have to be, I mean, if...if an officer happens to observe one, but it seems like we never get any...charges that way. We're just never that lucky. Mims/ Yeah. Goers/ Um... (both talking) with a sting. Mims/ Okay. I'd give `em two, no more. I think that's reasonable. Bailey/ I'd go with the three strikes you're out, but (laughter) but two is the... This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 21 Hayek/ I can live with two. Goers/ Two? Mims/ (mumbled) three, something like that, yeah. Goers/ Um, PAULA ratios at the end of any given month climbing over a certain rate, and that's where we come back to this discussion. Um, you know, as you know we previously had kind of used 1.00 as a... as a bright line for when we recall have a problem at a bar and that had kind of separated only six or seven bars from the other 110 or so and so that seemed like it was a pretty, uh, generous standard though, um, you know, since that time rates have plummeted as a result of the under-21 ordinance, um, from the same period in 2009 (mumbled) three months from .585 to .054 in a reduction of more than 90%. So, um, you know, I...I'm curious how you'd like to address that, um...you know, much like is one underage sale enough, is...is, you know, one PAULA enough or two PAULAs or you know the ratio over a certain figure. It would be my advice to...that even though in this three day, or I'm sorry, three month period it's been .054, um, you know, city wide, if you make it... it's up to you of course, but consider making it a little more generous than that, or have a minimum number of PAULA, uh, or bar checks in order for it to kick in so that if you, you know, I mean as I use the example if you had 15 clean bar checks and then, uh, just found one person under age... Champion/ Right. Goers/ ...um, then they would be over, you know, .05, um...and if you had set your standard there, then that next month they would then lose their exception. Mims/ In some (several talking) discussions we've kind of thrown around the .25 rate...I don't know if that's...too high given how much they've plummeted (laughter). Hayek/ The range I'm thinking of is .25 to .5, uh, but I'm mindful of, you know, the possibility that you have only two checks and one hit, which equals .5, and that... Mims/ Well, I think (both talking) Hayek/ ...also a resource allocation and ability to...to dedicate the resources to do these checks (several talking) mindful of. Wright/ Yeah. 2.25? Goers/ Yeah, the...the checks have gone up a lot. In the three month period, and I'm going off memory but in the three month period last year, June through August, I think we did 256 bar checks or something, and this year we did 410. I think the reality is, they're just easier to do. I mean, they go in and (several talking) folks who look like they're under 21 and so they (several talking) check and they're in and out of there a little quicker and so ironically, you know, even though there's been a lot of discussion about, you know, party This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 22 patrols and you know stepping up a fourth one out there, we've had more bar checks than we did last year. Um...so I'm hopeful, I guess is my point, I'm...absolutely agree that we want to have probably a minimum number of checks before it kicks in, but I'm hopeful that we'll continue to get a high number of checks so that...that won't be too great of an issue. Bailey/ Well, and the environment in which this may exist may change too, and what...what creates...a good ordinance regardless of the (mumbled) I guess. I mean, with the referendum. Hayek/ I was reading something... Bailey/ Well, I mean, there might be needs and...and bar checks might be more challenging. Goers/ Well sure, but if the referendum were to succeed and 21 be repealed, this would all be moot because, you know... Bailey/ Well, it would, but there would be still...this, are we going to then repeal this? I mean, this would still be on the books and we would still want to provide and encourage this kind of business versus... Goers/ Sure, but the encouragement that you are providing through this ordinance, should you approve it, would be to allow 19 and 20-year-olds into their establishments until midnight. Bailey/ Right, I understand...I understand that the capacity would change. The capacity of doing bar checks would change, right? Goers/ Oh, I see what you're saying. Yes. Bailey/ I mean, the environment in which our officers have to operate would change. Goers/ Presumably (both talking) Bailey/ ...and so the capacity, yeah. Goers/ Right, and there would be more... Bailey/ Right. Goers/ ...folks who look under age in that (both talking) Bailey/ And so...what...what maintains a manageable bar check capacity, given the resources we have available to us? Regardless of whether they're, I mean, now they're ostensibly a neighborhoods checking, I mean...do you see what I'm saying? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 23 Mims/ No, I guess I'm missing the point because if...if 21 gets overturned, this...this whole ordinance is moot. Because... Hayek/ Because 19 and 20-year-olds (several talking) Bailey/ Of course, would we not still want to encourage these kinds of, I mean, do we repeal this... Dilkes/ Yes, you would repeal it because it would be absolutely meaningless. Bailey/ Okay. Dilkes/ There would be no need for it. Why would somebody go through all these steps to let 19 and 21-year-old (both talking) Bailey/ ...business model I guess is what I'm assuming. Dilkes/ (several talking) they can already let 19 and 20-year-olds in (both talking) Bailey/ But I mean it's a very...it's a very fluid environment. If I were a business owner within such an environment where it changes from year to year potentially, I might continue to pursue this business model, but I mean I guess...I guess I'm just looking at it from a different point of view. Mims/ Yeah, but they wouldn't be subject to any of this because the 19 and 20-year-olds are in...would be legal to be in there anyways. Bailey/ Okay. Dilkes/ I think that's right, yeah. Bailey/ And so we're spending a lot of time on something that potentially we would overturn in two months...and that would be moot. Champion/ Oh we can keep... Dilkes/ It can be on the books, but it's going to be moot if the referendum passes. Completely. Bailey/ Okay. Dilkes/ Well, unless somebody wants to jump through all these hoops to let people in that they can let in anyway (laughter and several talking) Bailey/ Well, I mean, if you've already...well, okay. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 24 Goers/ I mean, you could decide to offer some other incentives to them. I don't know what they would be but... Bailey/ Right. Goers/ ...if you wanted to continue to foster these kind of businesses, perhaps there'd be another way of doing it. I'm not sure. Champion/ I'm not sure... Goers/ It wouldn't... it wouldn't be by allowing 19 and 20-year-olds in (several talking) Bailey/ Well... Wright/ We don't have any incentives in this without that 19 and 20-year-old admission. Goers/ That's right. Bailey/ (mumbled) Wright/ It just doesn't make any sense. Mims/ Yeah, I mean I think... Dilkes/ I mean, you could go to letting 18-year-olds in, I suppose. You can keep it on the books and say well if you do all this you can let 18-year-olds in, but the way it's crafted now it's completely moot if the referendum passes. Bailey/ We11...I like the business model, I guess is what I'm saying, and how could we incent this sort of approach with...with somebody who would be willing to do this, in potentially an environment that this would be a moot point in two months, I guess. Dilkes/ That is a completely different question than legislating on what they have to do to let 19 and 20-year-olds in. For instance, if the City wants to incent a business by giving it a grant to do an entertainment venue or anything like that, that's a completely different question. Hayek/ We're talking...if we proceed with this and pass it, we're talking about several weeks time before we know the answer. Bailey/ Sure! Hayek/ And either there will be the incentive because the ordinance is upheld, uh, lots of incentive, or we...or it'll become academic because it is overturned and we go back to the...the status quo. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 25 Dilkes/ Yes. Bailey/ Okay. Whatever. Mims/ I think it's really important that we have this discussion now and not wait, because I think it's important for people to, in the community, to know that we are serious as we indicated, you know, when we were first talking about the 21-ordinance, that we are interested in the entertainment venues and trying to... Bailey/ That's kind of my point is...this, I guess I... Mims/ Yeah, but I think if we wait (both talking) Bailey/ Right, right, no that is my point (both talking) compelling business model, something that we've wanted to have in this community, and I've...I've really been appreciative of people who...I mean, I've really been (both talking) Mims/ ...support the 21. Bailey/ ...of all of you who aren't pro-getting 19-year-olds into these types of establishments, I've really been quite happy that we're pursuing this, because I think the business model is what we want to see and so how do we create something that can go forward, regardless (several talking) Wright/ ...another time, cause right now we're focused on whether or not the (both talking) Bailey/ ...that was my question is what the PAULA rate should be. Dilkes/ But the...but the PAULA rate...will be irrelevant, come the referendum... Bailey/ But, capacity-wise, I mean we should...okay, never mind. I guess I just cannot communicate how I'm looking at this. Goers/ In deciding what an appropriate PAULA rate should be, you should assume that the referendum is defeated and 21 remains on the books. Bailey/ Right. Mims/ That's a good way to put it, yeah. I say something like .25 with a minimum of ten bar checks. Champion/ That seems pretty low! That would just be one PAULA, wouldn't it? Goers/ Depending on how many bar checks. Uh, that would be one out of four. If you do four bar checks then that's one, but then...it would, if you had at least ten you would need at least three PAULAs. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 26 Dilkes/ You know what you may have to do is, it's so difficult to predict where this is going to go, um...where these numbers are going to eventually fall out. You may have to set it based on the experience you've had to date, which was these types of entertainment venues are .5, and you may have to then quickly (coughing) change that by ordinance after you've got some experience with it, cause it's just very difficult to... Hayek/ If our range is .25 to .5, do you (several talking) where we start? Champion/ I think .5. Wright/ You said .5 or .25? Bailey/ .5. Champion/ .5. Dickens/ .5. Bailey/ But I would do a certain number of bar checks as well. Champion /I just think it's difficult to...predict, I mean, it's...there are going to be minors getting drinks in there. There's no doubt about it. I mean, these establishments have a long history of not providing, not letting minors drink in their bars. Or venues or whatever you want to call `em. But .25 seems really low. Dilkes/ We could, I mean, you could do a .5 and say we're going to look at this ratio again on January 1St, you know, we want a report from staff on, to where those numbers are falling out, and at that point you'll determine whether you're going to change that rate or not. Goers/ And that might make sense also from a perspective if... if we're continuing to look at a 12-month trailing thing, then maybe we'd have more and more months that are included in the post you know, post-June 1St, post-21 (several talking) uh, where you would presume those numbers are (mumbled) Mims/ I can live with that! To start with the higher rate, to know we're going to look at it again, relatively soon. Goers/ That's a .50 with at least ten bar checks. All right. Hayek/ I mean, the higher the...the ratio cap, the...the less concern I have about minimum number of checks. Goers/ Right. Hayek/ It's more slack. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 27 Goers/ Right, that's...yeah, that's right. Okay. Um...and then the last part was just that, how we address if they run into problems, then we talked about that briefly out of order. Um, last one is, uh, 4.D., any limitations related to capacity. I think capacity was an issue, um, one or more of you raised at our last work session on this topic. Um, I'll kind of give you our thoughts on this. Um...if we...we talked about this with the venue operators briefly, and they didn't really see, um, much use for it. Um, obviously from their kind of, uh, personal perspective it might make sense to limit capacity to something one more than whatever the biggest venue there is (laughter) and they said, you know, of course, you know, they didn't want to pose anything like that, again, they seemed to be okay with the notion that this is really to foster this group, whether there are five of these venues or ten or 25 of these venues, um, and although it's been often times the case that many of the larger venues have been the ones who have struggled keeping their PAULA rate down, in the end we're, you know, we've got a requirement for the PAULA rate, so I don't think that for that reason we would need to say you can have a capacity of no greater than, you know, this...people...because in theory you might have a venue come in that, you know, has 1,500 people and does a fantastic job of, you know, controlling underage drinking and puts on great shows, and I would think we' d want that. Hayek/ Yeah, I mean, it's pretty hard to arbitrarily establish a number when you know what the existing venues are, and we know their capacities. (laughter) ...arrive at X number automatically excludes, you know (several talking) but includes others, um...so... Mims/ I agree. Hayek/ ...I'd be open to...not including a capacity cap and seeing how this works (several responding) Wright/ I agree. Bailey/ I would. Hayek/ What do you think, Connie? Champion/ I...I just want to think about that for a minute. My problem with large capacity areas doing, um, becoming a... Goers/ Entertainment venue? Champion/ Right! Thank you. Um...I...it just seems, I mean...this is an entertainment venue. Now, if you have a building that holds, for instance, what does the Field House hold, or the Summit? What do they hold? Goers/ (several talking) I think 430 for the Field House, or 420, something like that. I think Summit's larger. I think it's... This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Wright/ Yeah, Summit's quite a bit larger. Bailey/ (several talking) Champion/ Yeah, I don't have my (several talking) Goers/ Looks like the Summit is... Bailey/ 736. Goers/ 736. Bailey/ It's hard to come up with a... Page 28 Champion/ I know, I guess I think maybe the PAULA rate is probably the best place to put that, because I can see these larger establishments making themselves a musical venue. I don't want to discourage that! But the reason for them to do that is because they'll want minors in their bars, and when they charge $25 just to get in...they can afford to do this. I mean, I just...does that sound really bad? I mean I (several talking) Dickens/ I've seen a change...I was walking by the Sports Column on my way home last Friday and they had a live band for the first time (both talking) Champion/ Right, and...don't tell me about it! I had to close my doors and nobody would walk down the street! Dickens/ But, you know, are they changing their model a little bit to, I mean, I don't know. Champion/ If they're changing their...well, never mind, I don't want to (several talking) Wright/ ...with the PAULA rate... Bailey/ I think it's hard to arrive at a number (several talking) Wright/ With the PAULA rate tied to...being able to continue to be a live music venue, I don't think the capacity is such a big issue. Champion/ Might be right. I'm willing to concede that. Goers/ I don't think that would be a problem if these big bars, I mean, became live venues, because I mean that's what we're aiming for in the (several talking) Champion/ Right, right! I just wonder about the motives. And I just... Bailey/ We can't legislate (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 29 Champion/ Right, fine. Fine! Wright/ We can just hope that karma plays out! Goers/ But we were, I mean, it's a fair question though, I mean, we were really trying to find some requirements that would...you know, would separate those who have that motive, that is the motive of just wanting underage drinkers in there and they want their cover and they (mumbled). It's not really about the live band or whatever, um, and they're just looking for a way to skirt the law and so I mean...we've crafted these with an eye on trying to separate the legitimate music venues from those who are just trying to put on a sham to get around it. I'm sure it's not perfect. I'm...I'm sure that we will quickly learn that if we pass this the things we missed, uh, and we'll need to come back, and...and that brings me to the point of...of asking, is there any other kind of criteria that you folks have been thinking about, or that you think would be valuable to...to add, uh, to the list? Dickens/ We might know some after this has been in effect for a little while. Goers/ Right. I...I agree fully. I suspect that we will... Champion/ ...change the rules midstream! Goers/ ...quickly find that we were not as creative as some bar owners are. Hayek/ Is there anything from your conversation with the...the venue representatives that was left on the table and not included that we ought to really settle here? Goers/ No, these were...I listed everything that they agreed on. Bailey/ One thing that...I don't know...it probably is once again, it's like a ratio. It's difficult. The one thing that somebody said about a bar that has fewer problems with PAULAs is that they...it was something about how they did the serve, how they served. And I can't...I can't remember the distinction, but um... Champion/ Bars who serve alcohol, rather than having the customers serve themselves, have a lower PAULA rate. Bailey/ Yeah, it was something like that, but...but I don't, I mean, once again I think it's like a staff ratio. It's very difficult to check and enforce, but... Goers/ Let me get back to your question, you had asked whether there was anything left on the table. There were a couple things that Andre Perry originally had submitted in his letter that by the time we met, the venue operators had met and they agreed to voluntarily withdraw, and one of those things was like spending at least $1,500 toward the professional development of their programming staff, um, and at least 80% of the entertainment events must feature, uh, original material, that is songs that they wrote, that This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 30 kind of thing. In the end they withdrew that. And so I want to make sure I'm answering your questions fully. Dickens/ As far as incentives, we've talked about what we could do. Right now there's a lot of the, uh, playbills that are stuck everywhere. I don't know if there would be a way to provide City space for them to put up the live venue posters and something... Champion/ We have it! Dickens/ I know it, but they end up everywhere. I'm just trying to think of a way that it would be a little more...easier to (both talking) Wright/ They're still going to end up everywhere. Bailey/ I think so. Dilkes/ Maybe we have to require that they be taken down...to get one of these (laughter) Bailey/ That's a dis-incentive, isn't it? (laughter and several talking) Dilkes/ After the show! (laughter) Wright/ That one doesn't bother me too much! Bailey/ ...a million staples! Dickens/ I'm just looking at, you know, once we...if we get a few venues going that...to reward these venues by having a place where people can see where all the live music is in one place. Or several places around town. Wright/ I can walk right up front to the telephone pole in front of the house and tell him! (laughter) Dickens/ That's why I'm looking for more of a centralized (laughter) approach. Champion/ Well, that's something you can bring up with the Downtown Association, which has those (several talking) Goers/ Any other additional criteria you want to discuss... Hayek/ Did we determine the trailing period or the... Goers/ We were left...12 months, but we can certainly talk about that some more if you'd like. Oh, yeah, I guess we didn't fully discuss it under 4.C. I apologize. Um...tell me your thoughts. What would you like to do? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 31 Hayek/ I don't know what I want to do. Bailey/ 12 months. Why wouldn't... Dickens/ ...rolls to the next month. The 12 months. Goers/ If you want to stay with that, and then revisit it in January, then you know, we'll do the 12 months thinking that .5 is pretty generous, and then as more and more of post-21 months kick in, and the other ones fall off then... Wright/ The one thing that I was wondering about, would be somebody who wants to open a whole new venue that doesn't have a history. Where...where do they fit in here? Goers/ That's the next one...discussion point. Now, as you know, right now, I mean, this is the only parallel we were able to find. Right now we have, um, if you want, um, a restaurant exception, that is an over 50% exception, you know, if you're the Pizza Huts of the world, yes, you got a liquor license, but the huge majority of your, you know, sales are a non-alcoholic sales, then all you need to do is submit a business plan, um, suggesting that they're going to make more than 50%, um, and then six months later they need to come forward with those numbers to prove it. In this circumstance I'm not sure I would recommend that, because, um, I think the temptation would be too great to get this...this exception, which I'm sure would be rather profitable for a bar with, who might want to abuse it, with the notion that they would just do it for six months and then sell it to someone else and have someone else do it for six months and have it continually flipping over.. . Champion/ ...their brother, their mother... Goers/ Sure, yeah. Wright/ But then you at least have the establishment (several talking) a while. Goers/ Well, but you're right, although we have taken the view in the past that if new ownership and new management comes into an establishment we won't hold their history against them. Um, now nothing says that we have to stay with that, and we can certainly reconsider that, if you thought that would be appropriate. Hayek/ So in lieu of that, what do you think we should do with a new business? Goers/ Well... Champion/ The same as we do with new, other new establishments. I mean, like...if a bar's in danger of losing their liquor license cause they've gone to the limit - is it three, um, times you can sell, or four times you can sell alcohol to a... in a sting. The next time the liquor license is gone forever for that address. So then they tend to sell the bar while it's still This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 32 saleable. Now that new owner can possibly be held responsible for...that person's negligence. Dickens/ 30, 60 days, something fairly short? Hayek/ Are you suggesting though that...that it, that the new establishment get a track record, a PAULA track record, before we allow this music exception to kick in. Dilkes/ I...I think that's the safest way to do it, is that you have to...you have to have a track record before you get this, although the downside to that is you don't encourage people to go into it. Champion/ And they're not going to put money into it. Bailey/ Yeah. Dilkes/ And I think the difference between this and what we have currently in terms of an exception is that this requires an investment of... Bailey/ More investment. Dilkes/ ...of, you know, staff and (coughing) stage and all those other things. So, it...we wouldn't just be looking at a business plan. We would be looking at physical improvements that would meet this criteria. So I think it's a little less concerning than just giving us a business plan and you get this exception. Champion/ (mumbled) only be in there during a performance too (both talking) Dilkes/ Right, and I think that helps a lot. That helps a lot, because...so...so Ithink those are your options. Hayek/ Okay. Say we did this, say we allowed them to open without, um, being open for a period of time before the exception is...is available to them, explain how the rolling aspect of this works, um...if at any...like say you get the exception, okay, and you're operating as a music venue under this...under this exception, do we...is every month basically a new calculation of the preceding 12, or is this only once a year? Goers/ Oh, I think that they...no, we look at the last 12 months. Now it might be you're only in existence for one month or two months or three months, but we would have a rate for those three months for the entirety of your time being open, and if at the end of any one of those months, if your rate is over .5 and you have at least ten bar checks then you just lost your exception. I don't know if that responds to your question. Champion/ Oh, yeah. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 33 Mims/ What about letting them open with this exception, assuming that they meet all the other criteria, give them a 60-day window and then the PAULA rates kick in, but maybe there's some extra criteria in there in terms of if... if we see certain things within those first 60 days. I mean, if...if it just becomes outrageously obvious in the first 60 days that this is a sham deal, somebody's just really coming in to make a lot of money. Goers/ I don't know that you need to wait for, uh, any period of time before the PAULA rate kicks in, if you leave in the ten bar check minimum thing. That's kind of a safety, uh, safeguard. Mims/ Okay. Goers/ So that you know that... Bailey/ So if you had two months and had .5... Mims/ You'd be done. Bailey/ ...you're done! Goers/ Assuming you had more than ten bar checks. Bailey/ Right, right! Goers/ Or at least ten bar checks. Wright/ Yeah. Bailey /That seems (several talking) Dilkes/ Well, I mean, that's going to be a resource issue though for dedicating those...that number of bar checks to this new establishment in a 60-day period. That's a lot of... Goers/ Well, but we wouldn't necessarily need the ten bar checks because if we only have seven, let's say, then they couldn't be disqualified for that reason. Um...so they'd still be all right. Dilkes/ But...but what I'm saying is is if we let them open and we say you have to have a PAULA rate, a satisfactory PAULA rate within two months, we wouldn't want to allow them to continue with the...with the entertainment venue, unless we were sure that they were.. . Goers/ Yeah, I see your point. Dilkes/ ...not...so I think...I think if you're going to do that, let them open and then check it. It's going to have to be longer than 60 days. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 34 Champion/ Yeah. Dilkes/ I think 60 days is going to be not enough time to know...what their PAULA...what their PAULA experience is. Bailey/ Is six months too long? Mims/ I think so. Bailey/ And three months is not that long...much longer than two. Dilkes/ That's what I...I'm not sure... Dickens/ But then you'd have your first quarterly report. Bailey/ Right. Wright/ Well, if we have three months, we wanted ten checks...you know, we're talking one a week. Mims/ Yeah. Bailey/ Yeah. Champion/ That's a lot! Wright/ Is it? Champion/ (several talking) Bailey/ They already have to have three, you know, if you're going for 150, you're going to have to have at least three shows...in those times, so one a week, checking one of those three. Makes sense! But I don't... Dilkes/ You know, I don't know the Police Department isn't here, and I...I... (several responding) I have some concern I guess just as we're sitting here, um, committing their resources to dealing with the PAULA rate on a new establishment in a two month period of time, given the other things (several talking) Wright/ Why don't we get some feedback from them on what might be reasonable? I think that.. . Champion/ Why don't we say after ten bar checks, the PAULA rate has to be below .5. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 35 Hayek/ Why don't we...we've decided on the .5 cap. Why don't we let staff work internally to come up with (several talking) Dilkes/ Okay. So you want to allow a new business, if they make these physical improvements, to open as an entertainment venue and the only question for us is over what period of time and how many checks do they need to demonstrate that they have a satisfactory PAULA history. (several talking) Wright/ ..substantial investment, and all of the stuff that we've already talked about (several talking) take it seriously. Hayek/ Okay. (several talking) Goers/ All right, well, then let's return to the first page, kind of 1.D., where we were talking about comedy acts versus poetry readings and movie screenings and so forth, to see if you, given our discussion, wanted to revisit that or lend any additional clarity to (both talking) Bailey/ I agree with the live. Comedy acts, poetry readings, live musical acts. Champion/ Really listen to 90 minutes of poetry reading? Bailey/ We're the City of Literature. Of course they can! Champion/ Oh, of course! (several talking) Bailey/ Poetry slam. Champion/ Yeah. Goers/ Have to meet all this other criteria, you know, I really don't think it'll be (mumbled). That's live entertainment, so...it wouldn't have to be one individual necessarily. It could be a series of people who are doing it. Champion/ So then we'll... Bailey/ It just won't be a night that you'll be attending, is what you're saying. Champion/ That's right! Bailey/ Okay (laughter) Champion/ Will it be...will it, so then will it be if...since they have to have all these, uh, days of shows, then is it going to be, um, Elliott and me hired at The Mill to do three nights of shows, reading Mary Had a Little Lamb? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 36 Goers/ Well, here's the thing though, it's got to be you and Elliott for a total of 90 minutes between you, on a permanently dedicated stage with professional sound, light, and you get at least 50% of the door. So I mean, it's (several talking and laughing) Champion/ Okay, great. I've relaxed. Goers/ All right, so what I've got is no to the movie screening, cause that's not live, uh; but yes to basically any other live entertainment, so to speak. I don't want to (mumbled) but that (several talking) Wright/ We don't want exotic dancing (several talking) Goers/ Okay. Right. Uh, all right, so anything else that...to discuss, or is that... Mims/ It's a great start! Champion/ Yeah, this is a lot of work. Thank you. Goers/ Hey, sure! Thank you. Hayek/ Now...uh, before you go, your last question. Goers/ Yes. Hayek/ Split venue. Goers/ Oh yes, sorry! Champion/ That one's fine with me. Hayek/ Why don't, I mean, this is on the agenda for tomorrow, but let's get a gut check and answer any questions there are tonight about that. Mims/ I would still have (several talking) couple different options. (several responding) Hayek/ Yeah, it's...that option and the...the entertainment venue option are not mutually exclusive. Champion/ Uh-huh. Bailey/ No, they're different business models. Mims/ Uh-huh. Wright/ And they both offer an alternative for somebody to be able to deliver live entertainment. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 37 Champion/ Yep! Goers/ Okay. Dilkes/ In terms of timing, so October 11th we'll have a, um, the ordinance on the agenda, that's your next meeting, right? Goers/ The entertainment venue (both talking) Dilkes/ Yeah, entertainment venue ordinance, um...and then depending on how quickly you want to move, you can... collapse it if you want to or.. . Hayek/ Thanks to (several talking) thanks to the venues. I know you, uh, you were at the table, as well. Champion/ Appreciate it! It's a lot of work. Bailey/ It's a nice example of how we can develop something that speaks to people who are doing business in the community.. . Goers/ It's been an encouraging part of my time, I mean, cause it's something that, you know, think would be great if we could foster and so forth so... Bailey/ I think so too. Goers/ A lot of my days are spent with time that's are less encouraging and frustrating so (laughter) Mims/ Thank you (several talking) Bailey/ Glad to give you that job satisfaction! Information Packet Discussion: Hayek/ Okay. Uh, I think we can get through the remainder of things quickly, unless people think we need to take a quick break. (several responding) Let's just do it, okay. Info packet discussion, first is September 9. Mims/ Pretty blah. Champion/ Uh-huh. Wright/ There was nothing to it. Bailey/ Yeah, quick review. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Hayek/ September 16. Page 38 Helling/ Just a couple of things that I want to call to your attention. One, I asked for a decision on this IP4, the maintenance coverage for the Senior Center. Um... and uh, Linda had laid out to me in the memo the reasons why...why she's asking for this full time person, and it's partially triggered by the fact that cable has gone out and got their own. Uh, they needed more than...than, you know, .19%, and their office is over there, and one thing that I was not aware of, and I...I just didn't remember, but this would be restoring this back to two full time positions, which the Senior Center had back in, eight, nine years ago. And, some of the stats that Linda gave you indicated the increase in the number of people using the Center, um, and (mumbled). I found it compelling and I recommend that.. . Champion/ Uh-huh. Hayek/ Any questions about the recommendation? Mims/ Looked fine. Helling/ And then the other one was just the...the (mumbled) memorandum, IP8, from Jeff Davidson. Uh, just updating you on the, we didn't get the I-Jobs money and how we would treat this, if this is consistent with your...your thinking, um, it would be $1.9 million that we had agreed to use the CDBG money, and go back into that fund and we can (mumbled) the CIP 2014 would include, uh, these projects and then we could maybe talk about CIP. We can figure out if you want to (mumbled) do that. In the meantime, we'll always be looking for any other options, as far as funding, federal or state funding. So if that's consistent with your thinking, that's great. Hayek/ If the 1.9, uh, million goes...is reallocated, as soon as we do that, or as soon as we shipped it back, once it came, then that...we can't use that down the road, I mean, that's (both talking) if something comes up where we come up with funding... Helling/ Down the road that 1.9 million would probably be reallocated into the...but if there's other funding in there and the opportunity's there, you could go back...the reason this was in there is because this particular grant requires 50% match. Um, the next time, you know, if we find some grant money some place that may not require a match or maybe 10% or something, so you may not need that. In fact, it's kind of rare that grants of this size require 50%. Hayek/ Let's keep our fingers crossed on the, uh, I-Jobs one stuff and hope that our waste water treatment plant can get some additional funding. Champion/ Right. Hayek/ Marian, do you want to talk about KXIC under this? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Counci] Work Session Page 39 Karr/ Yes. Be great if we could go through...I try to do this about every six weeks, and we're up to September 29tH, as far as the KXIC radio show. So if there's anyone who'd like to volunteer for the dates that we've put on there. September 29tH through November 3rd Hayek/ I can do October 27tH Karr/ October 27tH is Matt. Mims/ (several talking) No, that's all right! That's all right. Go ahead! I've got my calendar with me. Go ahead! Hayek/ That really is the only one that works for me. Champion/ I'm doing the... Karr/ I'm sorry? Champion/ Oh, I'm doing the September. Mims/ I'll take October 20tH Karr/ October 20tH, Susan. Dickens/ 13t". (several talking) Karr/ Thank you. Champion/ I can't make any promises. Karr/ We're going"backwards but...we've got October 6tH and the...we've got November 3`d, October 6t ,and September 29t", I believe. Hayek/ The 29tH we might want... somebody not on Council to handle. Wright/ Yeah, that's... Karr/ Okay. Hayek/ Getting to where we are with... (several talking) Karr/ Okay. Bailey/ Have you done one of these? Elliott? Higgins/ Connie walked me through one, but I'd be (several talking). Sure! What days are available? This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Bailey/ Do the 29`hl Higgins/ 29`" it is! Champion/ He's not camera shy! Dickens/ Have to dress up for the radio! (laughter) Higgins/ Be sure to shine my shoes! Hayek/ Yeah! Wright/ The nice thing is you can call in. You don't even have to go to the station! Karr/ So we have October 6`h and November 3ra Champion/ Well I cannot do October 6`". I can probably do November 3ra Page 40 Karr/ How about if I put Connie down for November 3ra, and how bout we plug in...you want to say staff tentatively for 10/6? (several responding) Thank you. Champion/ If I happen to be around, I could do it. I'll let you know. I mean, I can't (both talking) I can't make any promises. Karr/ All right, that'd be great. Thanks! Hayek/ Okay, anything else on that info packet? Champion/ November 3ra is the day after the election. (laughter) Mims/ That could be a fun one! Champion/ Did I just volunteer to do that? Bailey/ They'll probably want (several talking) Wright/ I'll be out of town. (laughter) Champion/ They'll probably want you! Hayekl Yeah. You're just as entertaining, if not more so! Okay, and we can talk about that as the 3ra approaches. Um, Council time. Council Time: This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 41 Champion/ Well, I do want to ask a question. And I should know this, but the Sports Column was doing live entertainment on... Dickens/ Friday night. Champion/ ...Friday night. Dickens/ The last two Friday nights. Champion/ So loud, I mean, nobody would even walk down the streets. Now I don't know what the...I thought you couldn't have music going beyond your sidewalk, I mean, they didn't have...even the, you know, they've closed the...I mean, it was really, really loud. Wright/ The windows were closed and it was still that bad? Champion/ No, the windows were not closed. Now we decided not to harass them because, you know, we know they're, you know, missing out on business, but what is the rule on that? Do you happen to know, Dale? Helling/ Yeah, really it's not supposed to project out into the street. They can't use the speaker or anything... Champion/ Oh my gosh, it was so loud! Dickens/ The speakers are facing in. I actually went in and listened to them for a little while (laughter) Helling/ Um, we'll have to review that, but I...I... Champion/ If it was after normal closing times, it probably wouldn't make any difference, although I would think the restaurants would also object. Wright/ If it's that deafening, they might at least need to close their windows. Dickens/ (mumbled) I think they started at 4:00, 4:00 or 4:30 (mumbled) 7:30 or 8:00. So... Helling/ We'll have to look at the ordinance. Champion/ And I don't know what we do about capacity. I'm just complaining here. It's my complaint time. Uh, because the Iowa-Iowa State game (several talking) the Iowa-Iowa State game, we actually had to close our business because there were so many drunks on the street and the sidewalks. Bailey/ The neighborhoods were the same way. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 42 Champion/ It was terrible! We actually closed our store and were afraid... sent somebody down to help walk those young girls out of Cheap N Sheik because the ped mall was so obnoxious. We were afraid to have them stay open, and walk through that crowd. And so I...I didn't see a police...I saw a lot of policemen downtown before the game. I didn't see any afterwards. I should...somebody down there but... Bailey/ Well, and... and there's a letter in our packet (both talking) and it was the same way. I didn't see a police car all...all night in our neighborhood at all, and people were just...the street on the north side looked like, well, like I would imagine the ped mall to look. But perhaps not. Perhaps it was not as...but it was...it was people up and down and up and down, knocking on doors to see where parties, I mean, they came to our house thinking it was a party address because the lights were on light. Champion/ And so I mean, I think..I don't know...I know that's an unusual game, the Iowa-Iowa State game. Bailey/ Lot of people in town. Champion/ A lot of people in town...but for these...this is a legal problem that we can't address, that because bars have no responsibility for what goes on inside them, they don't care! I can't even tell you. People were falling out of those bars, falling out! Falling down! Police had to carry a couple people out, so there was a policeman around, but I don't, you know, this...I don't know. I mean, that's my complaints. It's...we can't do anything about it, but I just... Bailey/ But, and they did say that they were doing increased party patrols, but I would say that nobody in my neighborhood believes that that was happening that day for sure. Because.. . Champion/ (both talking) Bailey/ ...did call. Helling/ Yeah, and we'll get you a response on that, because uh, there were some extenuating circumstances with the communication system, picking up those calls, uh, because there's such a, uh, competition if you will, the police officers on those evenings, and what happens is the system is supposed to pick that up, and when there's an officer free to return them to that particular call. Uh, that wasn't even...wasn't happening, and there's a glitch in the system. We're working on there. Um... so you know, those kinds of things. The other thing is in that particular letter, I think it's the one I'm thinking of, um, there are, uh, police officers in plain cars and so neighbor may not always recognize that they're in the neighborhood, even though they are there! Champion/ But the party didn't stop or slow down. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 43 Helling/ Yeah, no, that was...that particular one was a case where there was a problem. It literally did...it was a couple hours before the police got back there, and it shouldn't have been that long, but the system didn't pick up and reassign that call. Bailey/ Well, I certainly don't want to tell the police how to do their business, but the challenge in a neighborhood, versus in the pedestrian plaza is when people go out of a party or a party is disbanded, they go out throughout the neighborhood and cause problems throughout, I mean, it becomes...you know, a block or two, and then it becomes a four, or five, or six block area and how are we addressing that? Because that's a different...there needs to be a different approach in neighborhoods for party patrols. Hayek/ Yeah, although you know I will say this...that...that, several weeks ago we heard a complaint from Suzanne Bentler about the south Governor Street situation after the first weekend the students were back in town, um, and that things were of concern to her and her neighbors, and I checked with her...on Monday, following the next weekend, which was the first home game, and she reported a substantial decrease in problems in that neighborhood, and her neighbor by her own accounts...estimated that there had been a 90% drop in activity, and I think that's a result of police responding promptly, uh, to complaints in that neighborhood, and I think this is a process of... of being both proactive and responsive. Um, as we go through this transition, and ...and....(several talking) Bailey/ But that was the worst Iowa State weekend I ever remember. And I...I'm not saying that the problems aren't being addressed. I'm just saying as we address these problems, we have to have different considerations in dispersing these parties in neighborhoods, not to create additional problems with noise and additional parties. I don't know. Champion/ It is a big problem! Bailey/ It's frustrating when you don't get sleep, and that's how an entire six block area, I mean, at least in my neighborhood felt. Wright/ And I'm what, five blocks from you... Bailey/ And it was quiet? Wright/ Relatively quiet. Mims/ Yeah, and South Governor was too. Bailey/ I'll send them to your place next time they (several talking) Wright/ ...walk down our street and kick windows out of cars (several talking) Bailey/ See, we didn't...I would say it was just loud. I don't think we had any vandalism like they had on South Governor, but...(mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 44 Wright/ It seems to be real spotty and mobile. Bailey/ So maybe addressing the (mumbled) Hayek/ But the party patrol staffing has doubled. Bailey/ Well and then I think maybe that's a message that we need to take up to neighborhoods that they feel better because I think people are not feeling...that may be said, but people aren't feeling that. Champion/ In some neighborhoods aren't feeling it. Some neighborhoods (mumbled) Bailey/ Right, and maybe...maybe it's because what Mike said, it moves. Champion/ It does move. I mean, we've had problems in Longfellow too, but not (mumbled) Hayek/ Well, other Council items? Wright/ Real briefly, we'd, uh, where are we with recycling and uh, possibility of ever moving toward, uh... Bailey/ Single stream? Wright/ Single stream, yeah, thank you. Bailey/ It costs more. Wright/ I know it costs more, but you know... Bailey/ Cedar Rapids is doing it. Wright/ Dubuque does it and it's beautiful. Champion/ They have a gambling boat. Bailey/ Cedar Rapids doesn't. (several talking) Fosse/ We've got folks working on that and one of the options that they're examining in lieu of that, because of the additional cost of single stream is...is finding a way to expand into the multi-family. And we believe that would get us that... more of the recycling market than the change going to single stream. So we're investigating that option as well. Wright/ Well, you know...my husband has...teaches in Dubuque and we have a house up there now, and it's just a tremendously simpler, just toss your recycling into the bin, and I bet our...our rate at the single-family houses would go up if we had it. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 45 Fosse/ So if... if that's your desire, our additional costs will be. we'll head back and...and look that direction, figure out what Wright/ It's just night and day difference. Champion/ Very expensive! Higgins/ I'm sorry, single stream you don't have to sort? (several talking) Wright/ You don't have to sort. You just pitch everything into your recycling bin. (laughter) Higgins/ I'm in! Bailey/ That's the cost, somebody else has to sort it! Helling/ Last time Council talked about (several talking) at that breaking point (mumbled) Bailey/ I think Mike's there! Helling/ I think it had to do something too with... Wright/ I'm totally there! Hayek/ But here...but here's a question. I mean, if it would cost us $100 to go to single stream, and a $100 to expand to multi-family, what gives us more bang for our buck in terms of environmental progress? Champion/ Oh, envir... (mumbled) Wright/ Didn't the multi-family, wasn't that waiting on a possibility of single stream? Fosse/ That...that may help facilitate that. Yes. Hayek/ Yeah, that's a good follow-up. Bailey/ I...I agree with you. I see the trend with a lot of Iowa...large Iowa cities, going to single stream, and you know, people...I mean, I hate to say it, but we have a reputation and people look at Iowa City and they say, what? You don't do that? Wright/ Actually, you know, we don't...we don't recycle food scraps. Dubuque recycles food scraps. Now we're actually starting to look a little backwards in terms of what we do for recycling here. Bailey/ Yeah. Dickens/ ...glass (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 46 Wright/ Dubuque recycles glass. Dilkes/ Maybe you need another work session... Hayek/ Yeah, we're... Dilkes/ ...on that, I mean it sounds...the direction it sounds like you guys are wanting to go is perhaps different than the direction that our minutes show, so if that's the case, you need to have another work session. Wright/ That's why I brought it up! (laughter) Fosse/ We'll do that! Hayek/ Okay, so let's put it on a work session and we'll revisit the issue. We'll recycle the issue! Dickens/ On the lighter side I did come for the pinning of the three new firemen (several talking). It was really kind of a neat ceremony, and the families were here and made me talk, which I hadn't planned on, but I just...I thought it was very neat and if you get a chance to come to one, they talk to some of the older firemen that they said they wished they would have (mumbled) it was kind of neat. Bailey/ Um, I just wanted to also mention that...in conjunction with the League of Cities, on Thursday afternoon at 4:00 P.M., the Governor will be at the Marriott doing a press conference, and everybody is invited. You probably received a phone call, um, I'm doing a mobile tour and will out at the Marriott, but I would hope that I wouldn't be the only Council Member from Iowa City there. So...think when the Governor comes to town we should show up! Yeah. Mims/ What time? Bailey/ 4:00 P.M. And I don't know the conference room at the Marriott, but it is at the Marriott. Budget: Hayek/ Any other Council time? Budget? We touched on that. Uh, summary of pending work session issues. Anything on that? Pending Work Session Issues: Helling/ (mumbled) trying to whittle it down for you before the end of the year (laughter) Hayek/ Okay. Upcoming events and invitations. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 47 Upcoming Events and Community Invitations: Wright/ I gave each of you a copy of a brochure from the Public Library for the, uh, 2010 Banned Books Week Read-Out. This is basically a, uh, celebration of the First Amendment, and trying to get as many folks as possible to come and read a passage from a banned book. There are hundreds to choose from! Bailey/ We pick our (mumbled) Wright/ Actually you probably...I think you could easily do that. Uh, they're looking for broad participation. They would love to see some Council Members there. I'm actually going to be emceeing the event that night. Um, and this is, uh, partly sponsored by a fairly generous grant. The Iowa City Public Library got the largest grant given by the Freedom to Read Foundation for such an event, um...it was, this is the first year the Freedom to Read Foundation has given these grants and ICPL put together far and away the...the most exciting one. Uh, there's also going to be a presence in the University homecoming parade due to the same type of thing with (mumbled) (laughter) But it's next Thursday for the Public Library, the 30th from 6:00 to 9:00 P.M. Karr/ Mike, could I get a copy before you leave...of that? Wright/ Yep! Hayek/ Um, you will note the...in the packet there's a League of Women Voters reception on September 29th, um, and then also a meeting of the League of Cities meeting later this week in Coralville. Encourage your attendance, as much as you're able to go to. Wright/ (mumbled) Hayek/ Yeah! Okay. Discussion of meeting schedules, anything on that? Meeting Schedules Karr/ I do, just a couple things. Um, just based on the discussion, the direction given to staff, um, we will be sending out in Thursday's packet the confirmation of, um, your meetings for next week, which will include a, uh, special formal on Monday, starting at 8:00 A.M. Um, we'll then have a, uh, special work session, which will be your meet and greet Tuesday, 7:30 to 9:00, followed by a special formal Tuesday afternoon, uh, probably around 3:00 P.M. and then a special, uh, formal again at 11:30 on Wednesday the 29tH And we'll put all of those into your packet. Champion/ Marian, can you remind me what time the first interview takes place? Karr/ On Monday (both talking) 8:00. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010. September 20, 2010 City Council Work Session Page 48 Champion/ Then we probably need to be here...before that so we have time to sit down... Karr/ It can be any, I mean, I can make it...the special formal will be 8:00, and I can schedule the...accordingly, after that for the executive session. So 8:00 will be the special formal and then we'll schedule, and I'll have that in your packet this week. Hayek/ Anything else for the good of the order? Okay. See you tomorrow. This represents only a reasonably accurate transcription of the Iowa City City Council work session meeting of September 20, 2010.